HomeMy WebLinkAbout1985-O-06 - Zoning OrdinaceORDINANCE NO. 1985-6
ZONING ORDINANCE
CITY OF STEPHENVILLE, TEXAS
AN ORDINANCE FOR THE PURPOSE OF PROMOTING THE HEALTH,
SAFETY, MORAL, OR THE GENERAL WELFARE OF THE COMMUNITY BY
REGULATING AND RESTRICTING THE HEIGHT AND SIZE OF
BUILDINGS AND OTHER STRUCTURES, SIZE OF YARDS AND OTHER
OPEN SPACES, THE DENSITY OF POPULATION, THE LOCATION, ERECTION,
CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR, AND USE OF
ALL BUILDINGS, STRUCTURES, AND LAND FOR RESIDENCE, TRADE,
INDUSTRY, AND ALL OTHER PURPOSES; PROVIDING FOR THE AMENDMENT
AND CHANGE IN SUCH REGULATIONS, RESTRICTIONS, AND BOUNDARIES
OF SUCH DISTRICTS OR ZONES; DEFINING CERTAIN TERMS; PROVIDING
FOR A PLANNING AND ZONING COMMISSION; PROVIDING FOR A BOARD
OF ADJUSTMENT AND METHOD OF PROCEDURE FOR ALL OTHER PURPOSES;
AND IMPOSING PENALTIES; AND REPEALING PRESENT ZONING ORDINANCE
OF THE CITY OF STEPHENVILLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
SECTION I
TITLE
THIS ORDINANCE SHALL BE KNOWN, AND MAY BE CITED AS
THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS.
AS PASSED ON THE 4TH DAY OF JUNE, 1985.
SECTION II
PURPOSE
THE ZONING REGULATIONS AND DISTRICTS AS HEREIN ESTABLISHED HAVE
BEEN MADE IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE
PURPOSE OF PROMOTING HEALTH, SAFETY, MORALS, AND THE GENERAL
WELFARE OF THE CITY OF STEPHENVILLE, TEXAS. THEY HAVE BEEN
DESIGNED TO LESSEN THE CONGESTION IN THE STREETS; TO SECURE
SAFETY FROM FIRE, PANIC, OR OTHER DANGERS; TO PROVIDE ADEQUATE
LIGHT AND AIR; TO PREVENT THE OVERCROWDING OF LAND; TO AVOID
CONCENTRATION OF POPULATION; TO FACILITATE THE ADEQUATE
PROVISION OF TRANSPORTATION, WATER, SEWERAGE, SCHOOLS, PARKS,
AND OTHER PUBLIC REQUIREMENTS. THEY HAVE BEEN MADE WITH
REASONABLE CONSIDERATION, AMONG OTHER THINGS, TO THE CHARACTER
OF THE DISTRICT AND ITS PECULIAR SUITABILITY FOR PARTICULAR
USES, AND WITH A VIEW TO CONSERVING THE VALUE OF BUILDINGS AND
ENCOURAGING THE MOST APPROPRIATE USE OF LAND THROUGHOUT THE
CITY OF STEPHENVILLE, TEXAS.
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SECTION III
DEFINITIONS
For the purpose of this Ordinance, certain terms and words
are hereby defined. Words used in the present tense shall
include the future; the singular number shall include the plural,
and the plural the singular. The word "building" shall include
the word "structure"; the word "lot" includes the word "plot",
and the word "shall" is mandatory and not merely permissive or
directory.
ABUT -ABUTTING:
Having lot lines or boundary lines in common.
ACCESSORY BUILDING:
A permanent or portable building customarily incidental and
subordinate to the main building or use located on the same
lot with the main building.
ACCESSORY USE:
A land use activity that is customarily incidental,
appropriate and subordinate to the principal use of the land
or buildings located upon the same premises.
AT.T.FY:
A public or private thoroughfare which affords only a secon-
dary means of access to property abutting thereon.
ANIMAL CLINIC OR HOSPITAL:
An office or group of offices and accompanying facilities for
one or more veterinarians engaged in treating diseases or
injuries of domestic animals.
ATTACHED:
Having one or more walls common with a main use building, or
joined to a main use building by a covered porch or passa-
geway, the roof of which is a part or extension of a main use
building.
AUTOMOBILE LAUNDRY:
A facility designed primarily for washing automobiles, not
including trucks or heavy machinery as defined in this ordi-
nance.
AUTOMOBILE/MOTOR VEHICLES:
A self-propelled mechanical vehicle designed for use on
streets and highways for the conveyance of goods and people
including but not limited to the following: passenger cars,
trucks (1 ton G.V.W. or less), buses, motor scooters, motor-
cycles, and recreational vehicles.
AUTOMOBILE PAINT AND BODY REPAIR SHOP:
A building and its premises where motor vehicles undergo body
repair and painting. This does not include vehicle storage
or mechanical repair.
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AUTOMOBILE SERVICE STATION:
Any area of land, including structures thereon, that is used
for the sale of gasoline, oil or other fuels, and automobile
accessories, and which may include facilities for lubri-
cating, washing, cleaning, mechanical repair, and other nor-
mal servicing of automobiles. Painting is not considered
within the scope of "other normal servicing".
AUTOMOBILE SALVAGE OR WRECKING YARD:
An area outside of a building where motor vehicles are
disassembled, dismantled, junked or "wrecked", or where motor
vehicles not in operable condition or used parts of motor
vehicles are stored.
BLOCK:
A piece or parcel of land entirely surrounded by public high-
ways, streets, streams, railway rights -of -way, parks, etc.,
or a combination thereof. The Planning & Zoning Commission
is the City's authority as to a determination of questions
regarding the limits or extent of a block.
BOARDING HOUSE:
A building, other than a hotel, where for compensation and by
prearrangement for definite periods, meals, or lodging and
meals, are provided for three (3) or more persons, but not
exceeding twenty (20) persons.
BUILDING:
Any structure intended for shelter, housing or enclosure of
persons, animals or chattel. When separated by dividing walls
without openings, each portion of such structure so separated
will be deemed a separate structure.
A. Main Use Building: A building in which the primary acti-
vity associated with the lot is conducted. In any resi-
dential district, any dwelling will be a primary
building.
B. Accessory Building: A building customarily incidental
and subordinate to the primary building located on the
same lot.
C. Building Site: A single parcel of land occupied or
intended to be occupied by a building or structure.
BUILDING AREA:
That portion of a lot upon which buildings may be placed,
excluding required yards and limited by the maximum building
coverage as specified for each zoning district.
BUILDING COVERAGE:
The percent of the lot area covered by the building exclusive
of all overhanging roofs.
BUILDING HEIGHT:
Is the vertical distance above a reference datum measured to
the highest point of the coping of a flat roof or to the deck
line of a mansard roof or to the average height of the highest
gable of a pitched or hipped roof. The reference datum shall be
selected by either of the following, whichever yields a greater
height of building:
1. The elevation of the highest adjoining sidewalk or ground
surface within a 5-foot horizontal distance of the
exterior wall of the building when such sidewalk or ground
surface is not more than 10 feet above lowest grade.
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2. An elevation 10 feet higher than the lowest grade when
the sidewalk or ground surface described in Item 1 above
is more than 10 feet above lowest grade.
The height of a stepped or terraced building is the maximum
height of any segment of the building.
BUILDING LINE:
A line established, in general, parallel to the front street
line. No building or structure may be permitted in the area
between the building line and the street right-of-way line.
CARPORT:
111 A permanent roofed structure open on at least two sides,
designed for the parking and shelter of private passenger
vehicles.
CHILD CARE FACILITY:
Any place, home or institution which receives three or more
children under the age of sixteen years, and not of common
parentage, for care apart from their natural parents, legal
guardians or custodians, when received for regular periods of
time for compensation; provided, however, this definition
does not include public and private schools organized,
operated or approved under the laws of Texas, custody of
children fixed by a court of appropriate jurisdiction,
children related by blood or marriage within the third degree
of the custodial person, or to churches or other religious or
public institutions caring for children within the institu-
tional building while their parents or legal guardians are
attending services or meetings or classes or engaged in
church activities.
Registered Family Home: Six (6) or less children plus six (6)
or less siblings after school hours.
Group Day -Care Home: Seven (7) to twelve (12) children.
Day -Care Center: Twelve (12) or more children.
CHILD CARE INSTITUTIONS PROVIDING BASIC CHILD CARE:
An institution providing basic child care is a child care
facility which provides care for more than 12 children for
more than a 24 hour period. Basic child care does not
include a 24-hour a day specialized program such as that
offered by an emergency shelter, therapeutic camp, residen-
tial treatment center, half -way house, or institution serving
mentally retarded children.
CT.T NT C e
An office or group of offices for one or more physicians,
surgeons, or dentists engaged in treating the sick or injured,
but not including rooms for the abiding of patients.
CONDITIONAL USE:
A use allowed in a zoning district only if a special use per-
mit is granted by the Board of Adjustment.
CONVALESCENT, REST, NURSING, OR EXTENDED CARE FACILITY:
An institution where those persons suffering from generally
permanent types of illness, injury, deformity, deficiency, or age
are given care and treatment on a prolonged or permanent basis
and which is licensed by the State of Texas.
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DETACHED:
Fully separated from any other
building by structural members
covered space.
DISTRICT•
building, or joined to another
not constituting an enclosed or
A section or sections of the City of Stephenville, Texas, for
which regulations governing the use of buildings and premises,
the height of buildings, the size of yards, and the intensity of
use are uniform.
DOUBLE FRONTAGE:
A lot with double frontage is a lot having lot lines formed
by the intersection of two streets, whether public or private,
and where the interior angle of such intersection is less than
135 degrees. A lot fronting on a curved street shall also be
considered a corner lot if the central angle of the curve is less
than 135 degrees.
DRIVE-IN RESTAURANT:
Any establishment where food, and/or non-alcholic beverage is
sold to the consumer and where motor vehicle parking space is
provided and where patrons may be served in their respective
vehicles or inside the establishment.
DRY CLEANING OR LAUNDRY:
Any attended or unattended place, building or portion
thereof, available to the general public for the purpose of
washing, drying, extracting moisture from, or dry cleaning
wearing apparel, cloth, fabrics, and textiles of any kind by
means of a mechanical appliance(s).
DWELLING:
Any building or portion thereof which is designed and used
exclusively for residential purposes.
DWELLING, SINGLE FAMILY:
A building having accommodations for and occupied exclusively
by one (1) family.
DWELLING, TWO-FOUR FAMILY:
A building having accommodations for and occupied exclusively
by not more than four (4) families.
DWELLING, MULTIPLE -FAMILY: A dwelling designed for occupancy
by five or more families living independently of each other,
exclusive of recreational vehicle camps, hotels, motels, or
resort facilities.
DWELLING, TOWNHOUSE OR ROWHOUSE: Three or more dwelling units
attached at the side or sides, each unit of which has a
separate outdoor entrance and is designed to be occupied and
may be owned by one family.
EASEMENT:
A right given by the owner of a parcel of land to another
person, public agency or private corporation for a specific
and limited use of that parcel.
FAMILY: One or more persons related by blood or marriage,
including adopted children, or a group of not to exceed five
(5) persons not all related by blood or marriage, occupying
premises and living as a single nonprofit housekeeping unit,
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as distinguished from a group occupying a boarding or lodging
house, hotel, club, or similar dwelling for group use.
FILLING STATION OR SERVICE STATION: Refer to Automobile Service
Station.
FLOOR AREA: The total floor area within a building
devoted or intended to be devoted to a particular use, with
structural headroom of seven feet or more, whether above or
below the finished lot grade.
a. Basements;
b. Penthouses;
C. Attic space providing headroom of seven feet or
more;
d. Interior balconies, mezzanines, enclosed covered
porches and steps;
FOSTER GROUP HOME:
The Foster Group Home is a child care facility which provides
care for 7-12 children for 24-hours a day.
FRONTAGE:
All the property on one side of a street between two inter-
secting streets (crossing or terminating), measured along the
line of the street, or if the street is dead -ended, then all
the property abutting on one side between an intersecting
street and the dead-end of the street.
GARAGE APARTMENT:
A dwelling unit for one family attached to a private garage.
GARAGE, PRIVATE:
A building or
portion of
the main use
building,
designed for
or used for
the housing
of motor vehicles
which are the
property of
and for the
use of the occupants
of the lot on
which the
private garage
is located. Not more
than one (1)
of the vehicles
may be a
commercial vehicle and
of not more than
one (1)
ton G.V.W.
excluding recreational
vehicles.
GARAGE, PUBLIC•
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, hiring, servicing,
selling, or storing motor vehicles.
GRADE:
a. For buildings having walls adjoining one street only,
the elevation of the sidewalk at the center of the wall
adjoining the street.
b. For buildings having walls adjoining more than one
street, the average of the elevation of the sidewalk at
the center of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the
average level of the finished surface of the ground
adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five
(5) feet from the street line shall be considered as
adjoining the street. Where no sidewalk exists, the grade
shall be established by the City Building Inspector.
GREEN SPACE:
A designated area of land where grass, turf, ground cover,
trees, shrubs, etc. are maintained.
HEAVY MACHINERY:
A mechanical vehicle (self propelled or otherwise) which is
not designed for use on streets or highways whose primary use
is in connection with construction, farming, etc.
HOME OCCUPATION
Any occupation or profession engaged in by the occupants of a
dwelling not involving the conduct of a retail business, and
not including any occupation conducted in any building on the
premises excepting the building which is used by the occupant
as his or her private dwelling or accessory building. Home
occupations shall include, in general, personal services such
as furnished by an architect, lawyer, physician, dentist,
musician, artist, and seamstress, when performed by the per-
son occupying the building as his or her private dwelling and
not including a partnership or the employment of more than
one assistant in the performance of such services. Such home
occupation shall not include any use which is obnoxious or
offensive by reason of odor, dust, smoke, gas, or noise.
HOSPITAL (Acute Care)
An institution providing health services primarily for human
inpatient, medical or surgical care for the sick or injured
and including related facilities such as laboratories, out-
patient departments, training facilities, central service
facilities, and staff offices which are an integral part of
the facilities. Said treatment intended to restore them to
health and an active life and which is licensed by the State
of Texas.
HOSPITAL (Chronic Care):
Refer to Convalescent, Rest, Nursing, or Extended Care Facility.
HOTEL OR MOTEL:
A building or group of buildings under one ownership con-
taining six (6) or more sleeping rooms occupied, intended or
designed to be occupied as the temporary abiding place for
persons who are lodged with or without meals for compen-
sation, but not including a hospital or recreational vehicle
camping area.
JUNK OR SALVAGE YARD:
A place where waste, discarded or salvaged metals, used
plumbing fixtures, and other materials are bought, sold,
exchanged, stored, baled, or cleaned, and places or yards for
the storage of salvaged materials and equipment from house
wrecking and salvaged structural steel materials and equip-
ment, but excluding establishments for the sale, purchase or
storage of used cars in operable condition, salvaged machi-
nery, used furniture, and household equipment, and the pro-
cessing of used, discarded or salvaged materials as a part of
manufacturing operations.
LODGING HOUSE/ROOMING HOUSE:
LOT:
A building or place where lodging is provided (or which is
equipped to provide lodging regularly) by prearrangement for
definite periods, for compensation, for three (3) or more
persons in contradistinction to hotels open to transients.
Any plot of land occupied or intended to be occupied by one
(1) building or a group of buildings, and accessory buildings
m
and uses, including such open spaces as required by this
ordinance and other laws or ordinances, and having its prin-
cipal frontage on a street.
LOT AREA: The total horizontal area included within lot
lines.
CORNER LOT: A lot of which at least two adjacent sides abut
for their full lengths on a street, provided that the
interior angle at the intersection of the two sides is less
than one hundred and thirty-five (135) degrees.
LOT DEPTH: The average distance from the street line of the
lot to its rear line, measured in the general direction of
the sidelines of the lot.
INTERIOR LOT: A lot whose side lines do not abut upon a
street.
LOT LINES: The lines bounding a lot as defined by this ordi-
nance.
MOBILE HOME:
A movable, detached single-family dwelling unit conforming to
the minimum housing code requirements of both the State of
Texas and the City of Stephenville for permanent long-term occu-
pancy; is constructed or fabricated within a factory complete
with an integral utility system capable of being connected to
an outside system; can be transported over the road on its
own chassis and wheels to the site where it is to be connected
semi -permanently to a separate utility system and is not per-
manently attached to any foundation as required for a per-
manent conventional dwelling or structure.
MOBILE HOME PARK:
Any development site, parcel or tract of land designed, main-
tained or intended to be used for the purpose of providing
long-term occupancy of more than thirty (30) days for the
placement of ten (10) or more mobile homes, including all
buildings used or maintained for the use of the residents of
the development. This term is not to be used in conjunction
with any mobile homes or trailer sales lots which contain
unoccupied units that are intended for purposes of inspection
and sale.
NONCONFORMANCE:
A lawful condition of a structure or land which does not con-
form to the regulations of the zoning district in which it is
situated. This may include but is not limited to failure to
conform to use, height, area, coverage or off-street parking
requirements.
NONCONFORMING USE:
A structure or land lawfully occupied by a land use activity
that does not conform to the regulations of the zoning
district in which it is situated and which has been iden-
tified as a nonconforming use by the Stephenville Zoning
Board of Adjustment.
PARKING SPACE•
An area enclosed or unenclosed, sufficient in size to store
one automobile together with a permanently surfaced driveway
connecting the parking space with a street or alley and per-
mitting ingress or egress of an automobile. Such parking
spaces and driveways may be required to be paved with a
sealed surface pavement and maintained in such a manner that
no dust will be produced. For purposes of this ordinance,
the size and surfacing of a parking space for one vehicle
shall be accordance with Section 14 of this ordinance.
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PLANNED UNIT DEVELOPMENT ("PUD"):
An area with a specified minimum contiguous acreage to be
developed as a single entity according to a unified site
design plan, containing one or more residential uses, office
uses, commercial uses, industrial uses, public and
quasi -public uses, or any combination of the same.
RECREATIONAL VEHICLE:
A vehicle towed or self-propelled on its own chassis or
attached to the chassis of another vehicle and designed or
used for temporary dwelling, recreational or sporting pur-
poses. The term recreational vehicle shall include, but
shall not be limited to, travel trailers, pick-up campers,
camping trailers, motor coach homes, converted trucks and
buses, and boats and boat trailers.
RECREATIONAL VEHICLE CAMPING AREA:
Any development, site, parcel or tract of land designed,
maintained or intended to be used for the purpose of pro-
viding short term occupancy of camper vehicles, recreational
vehicles, tents, or trailers.
RESIDENTIAL DENSITY:
The number of lots, dwelling units, or persons located or
residing within a residential area.
GROSS DENSITY: The number of lots, dwelling units, or per-
sons located within the total acreage of a residential area.
NET DENSITY: The number of lots, dwelling units, or persons
located within the total acreage of residential area, exclu-
sive of street rights -of -way, easements, non-residential land
use sites, and acreage unsuitable for development.
SETBACK:
A distance between the lot line and the building line.
SITE DEVELOPMENT PLAN:
A drawing showing the provisions for a proposed project,
including such information that enables the drawing to serve
as a plat, together with information pertaining to all cove-
nants relating to land use, location and bulk of struc-
tures, intensity of use or density of development, private
streets, ways and parking facilities, common open space and
public facilities, and all other reasonable information
required by the Planning and Zoning Commission as a part of
the review process.
SMALL ANIMAL CLINIC:
An office or group of offices for one or more veterinarians
engaged in treating diseases or injuries to small domestic
animals. Structures are to be soundproof and no outside
facilities are permitted.
SPECIAL USE PERMIT: Refer to Conditional Use.
STARTA
PRIVATE STABLE: A stable for private use with a capacity of
not more than two (2) horses or mules.
PUBLIC STABLE: A stable, other than a private stable, with a
capacity for more than two (2) horses or mules.
STORY:
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Is that portion of a building included between the upper sur-
face of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of
a building included between the upper surface of the topmost
floor and the ceiling or roof above. If the finished floor
level directly above a usable or unused under -floor space is
more than 6 feet above grade as defined herein for more than
50 percent of the total perimeter or is more than 12 feet
above grade as defined herein at any point, such usable or
unused under -floor space shall be considered as a story.
STREET:
Any public thoroughfare which affords the principal means of
access between various land use activities. The City of
Stephenville has adopted a functional street classification system
which may be defined as follows:
Major Thoroughfare: A thoroughfare whose primary function is
the movement of traffic, and has a right-of-way greater than
sixty (601) feet in width and a maximum of one hundred (1001)
feet in width.
Secondary Thoroughfare: A thoroughfare whose primary function
is the movement of traffic and has a right-of-way of sixty
(601) feet in width.
Minor Residential Street: A neighborhood or minor street
whose primary function is to provide access to abutting pro-
perties and has a right-of-way of fifty (50') feet in width.
Access or Service Road: A collector or local street
generally parallel to and adjacent to main thoroughfares
which provides access to abutting properties and protection
from through traffic and has a right-of-way of forty (401)
feet.
Minor Street In Apartment, Commercial, or Industrial Area: A
street whose primary function is the movement of traffic, but
which provides more access than normally associated with a
minor residential street and has a right-of-way of sixty
(60') feet in width.
Cul-De-Sac: a local street having one end open to vehicular
traffic and having one end closed or terminated with a turn-
around. A cul-de-sac shall not be longer than six hundred
(600') feet and at the closed end shall have a turn -around
provided for, having an outside roadway diameter of at least
eighty (801) and a street property line diameter of at least
one hundred (1001) feet.
STRUCTURE:
Anything constructed or erected, the use of which requires a
location on the ground or an attachment to something located
on the ground.
STRUCTURAL ALTERATION:
Any change in the supporting members of a building, such as
bearing walls or partitions, columns, beams, or girders, or
any substantial change in the roof or in the exterior walls.
TRAILER:
Camping, Recreational, or Travel Trailer: A mobile living
unit used for temporary occupancy away from the place of
residence of the occupants.
Hauling Trailer: A vehicle to be pulled behind an automobile
or truck which is designed for hauling animals, produce,
goods or commodities, including boats
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TRUCKS•
A self propelled mechanical vehicle designed for use on
streets and highways for the conveyance of goods and people
and having a G.V.W.R. in excess of one (1) ton.
USED AUTO SALES LOT:
A lot or portion thereof to be used only for the purchase,
trade, display, and sale of automobiles that are in condition
to be driven on or off the lot, under its own power. Used
car lots shall not be used for the storage of wrecked automo-
biles, or the dismantling of automobiles, or the storage of
automobile parts.
YARD:
An open space on the same lot with a building, unoccupied and
unobstructed by any portion of a structure from the ground
upward, except as otherwise provided herein. In measuring a
yard for the purpose of determining the width of a side yard,
the depth of a front yard, or the depth of a rear yard, the
horizontal distance between the lot line and the main
building shall be used.
YARD. FRONT:
A yard extending across the front of a lot between the side
yard lines, and being the minimum horizontal distance between
the street line and the main building or any projections
thereof other than the projection of the usual steps,
unenclosed balconies or open porch.
YARD, REAR:
A yard extending across the rear of a lot, measured between
the side lot lines, and being the minimum horizontal distance
between the rear lot line and the rear of the main building
or any projections other than steps, unenclosed balconies or
unenclosed porches. On both corner lots and interior lots
the rear yard shall in all cases be at the opposite end of a
lot from the front yard.
YARD. SIDE:
A yard between the main building and the side line of the
lot, and extending from the front yard line to the rear yard line.
ZONING OR CODE ENFORCEMENT OFFICER:
The Building Inspector has been officially designated as
the individual responsible for determining compliance with
the regulations and policies found in this ordinance.
SECTION IV
DTRTRTCTR
For the purpose of regulating and restricting the height and size
of buildings and other structures, the percentage of lot that may be
occupied, the size of yards, and other open spaces, the density of
population, and the location and use of buildings, structures, and
land for trade, industry, residence, or other purposes, the City of
Stephenville, Texas, is hereby divided into districts, of which there
shall be eight classes in number, and which shall be known as:
"R-l" - Single Family Dwelling District
"R-2" - One -Four Family Dwelling District
"R-3" - Multiple Family Dwelling District
"B-l" - Neighborhood Business District
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"B-2" - Secondary and Highway Business District
"B-3" - Central Business District
"B-4" - Private Club District
" I " - Industrial District
The boundaries of the districts, described above, are shown on
the map which is designated as the "Zoning District Map". Said
district map and all notations, references, and other information
shown thereon are made a part of this ordinance and shall have the
same force and effect as if said map and said data thereon were fully
set forth or described herein. Said map shall, on its face, be iden-
tified and it shall bear the title "ZONING DISTRICT MAP - STEPHENVILLE,
TEXAS". Said map shall be kept in a proper place in the municipal
building.
Whenever any street, alley, or other public way is lawfully
vacated by the Council of the City of Stephenville, Texas, the zoning
district adjoining each side of such street, alley, or public way
shall be automatically extended to the center of such vacated area and
thereafter all land included in said vacated area shall be subject to
all applicable regulations of the extended districts.
All territory hereafter annexed to the City of Stephenville,
Texas, shall be classified as "R-1" One -Family Dwelling District,
until permanently zoned by the governing body of the City of
Stephenville, Texas. The City Planning and Zoning Commission shall,
as soon as practicable, after annexation of any territory to the City
of Stephenville, Texas, institute proceedings on its own motion to
give the newly annexed territory permanent zoning, and the procedure
to be followed shall be the same as provided by law for the adoption
of original zoning regulations, except as hereinafter provided:
1. No building shall be erected, converted, enlarged, or
reconstructed, or structurally altered, and no building or
land shall be used for any purpose that is not permitted in
the district in which the building or land is situated.
2. No building shall be erected, converted, enlarged,
reconstructed, or structurally altered to exceed the height
limit herein established for the district in which the
building is situated.
3. The minimum yards and other open spaces, including lot area
per family, required by this ordinance for each and every
building existing at the time of the passage of this ordi-
nance, or for any building hereafter erected, shall not be
SECTION V
R-1 SINGLE-FAMILY DWELLING DISTRICT
I. DESCRIPTION:
This is the most restrictive residential zoning district. The
primary use of land is for single-family dwellings and related
religious, educational, recreational facilities, utility and
service uses, and hospitals normally required to provide the
basic elements of a balanced and attractive neighborhood.
These areas are intended to be separated and protected from
the encroachment of land use activities that do not perform a
function necessary to sustain the residential environment.
Internal stability, attractiveness, order, efficiency and
security are encouraged by the provision for adequate light,
air and open space for dwellings and related facilities and
through consideration of the property's functional relationship
of these various elements.
II. USE REGULATIONS
A. Primary Uses:
1. Accessory Building To Main Use
2. Caretakers or Guard Dwelling
74
3. Church and Rectory
4. Construction Yard (Temporary)
5. Field Office (Temporary)
6. Fire Station or Public Safety Building
7. Gas Transmission Line & Metering Station
8. Home Occupation
9. Local Utility Distribution Lines
10. Off Street Parking Incidental To Main Use.
11. Park, Playground, Public Community Recreation Center
12. Private Franchised Utility Other Than Listed
13. School - Public
14. Single -Family Dwelling - Detached
B. Conditional Uses (Special Use Permit Required)
1. Cemetery
2. Country Club
3. Fraternal Lodges or Service
4. Golf Course or Driving Range
5. Registered Family Home
III. AREA REGULATIONS:
A. Front Yard:
Organization Club Houses
All buildings must be set back from the street right-of-way
lines to comply with the following front yard requirements:
a. The minimum depth of the front yard must be thirty (30)
feet.
b. When a lot has double frontage the front yard require-
ments must be provided on both streets.
B. Side Yard:
All lots must have side yard setbacks of not less than
ten (10%) percent of the width of the lot, but such side yard
VII. ACCESSORY BUILDINGS:
A. No accessory building shall be constructed upon a lot until
the construction of the main use building has been actually
commenced. No accessory building shall be used unless the
main use building on the lot is also being used.
B. Accessory buildings may be constructed, not exceeding four
hundred (400) square feet in floor area, when located on the
same lot as the main use building. This does not include pri-
vate garages, bonafide servants' quarters not for rent or
used for commercial purposes. Such buildings may be used for
customary home occupations as defined in this ordinance.
C. In the R-1 District accessory buildings shall not occupy more
than thirty (30%) percent of the required minimum rear yard
area. Accessory buildings shall be a minimum of twelve (121)
feet from the main use building. In the R-1 District no
accessory building shall be more than one (1) story in
height.
D. An accessory building cannot be located closer than five (51)
from any easement or property line.
VIII. PARKING REGULATIONS:
In the R-1 District there shall be provided, in connection with
appropriate allowable uses, off-street vehicle parking spaces in
accordance with the following requirements:
1. A Single family dwelling, in the RR=1 District shall pro-
vide on each lot, two (2) vehicle parking spaces.
Each space shall be enclosed, or unenclosed, sufficient
in size to store one automobile together with a dri-
75
IX.
X.
XI.
I.
II
veway connecting the parking space with a street or
alley and permitting ingress or egress of an automobile.
Said driveway may be a single driveway for both parking
spaces.
For purposes of this ordinance, the size of a parking
space for one (1) vehicle consists of a rectangular
area having dimensions of not less than ten (101) feet by
sixteen (161) feet plus adequate area for ingress or
egress. Such parking spaces and driveways must be
paved with a sealed surface pavement or maintained in
such a manner that no dust will be produced.
2. ALL OTHER USES PERMITTED IN THE R-1 DISTRICT:
See Section XIV for additional primary and conditional
use parking regulations.
SIGN REGULATIONS:
See Section XV for sign regulations.
EXCEPTIONS TO USE, HEIGHT, AND AREA REGULATIONS:
See Section XIII
MOTOR VEHICLE REGULATIONS:
The regular or non -delivery parking of motor vehicles in the R-1
District shall be limited to passenger automobiles and commer
cial or hauling vehicles not exceeding twenty-five (251) feet in
length. Tractors for tractor -trailer trucks shall not be
allowed to park in residential areas.
length. Tractors for tractor -trailer trucks shall not be
allowed to park in residential areas.
SECTION VI
R-2 ONE -FOUR FAMILY DWELLING DISTRICT
DESCRIPTION:
This a residential district to provide for medium density deve-
lopment. The principal use of land is for single-family
dwellings and two-four family dwellings. Recreational, reli-
gious, and educational land use activities normally appropriate
to service such residential neighborhoods are also permitted to
provide the basic elements of a convenient, balanced and attrac-
tive living area.
USE REGULATIONS:
A. Primary Uses:
1. Accessory Building To Main Use
2. Caretakers or Guard Dwelling
3. Church and Rectory
4. Construction Yard (Temporary)
5. Field Office (Temporary)
6. Fire Station or Public Safety Building
7. Foster Group Home
8. Gas Transmission Line & Metering Station
9. Golf Course or Country Club (private)
10. Home Occupation
11. Institution For Religious or Philanthropic Nature
12. Local Utility Distribution Lines
13. Off Street Parking Incidental To Main Use
14. Park, Playground, Public Community Recreation Center
15. Private Franchised Utility Other Than Listed
16. Registered Family Home - 6 + 6 Children
17. School - Public
18. Single -Family Dwelling - Attached
19. Single -Family Dwelling - Detached
20. Two -Four Family Dwelling
76
B. Conditional Uses: (Special Use Permit Required)
1. Cemetery
2. Country Club
3. Fraternal Lodge or Service Organization Club House
4. Golf Course or Driving Range
5. Group Day -Care Homes - 7 to 12 Children
III. AREA REGULATIONS:
A. Front Yard:
All buildings must be set back from the street right-of-way
lines to comply with the following front yard requirements:
j 1. The minimum depth of the front yard must be twenty-five
(251) feet.
2. When a lot has double frontage the front yard requirements
must be provided on both streets.
B. Side Yard:
All lots must have side yard setbacks of not less than
ten (10%) percent of the width of the lot, but such side yard
need not exceed five (51) feet and shall not be less than
four (41) feet. However, for buildings located on corner
lots there must be a side yard setback from the intersecting
street of not less than twenty-five (251) feet.
C. Rear Yard:
A lot with a primary building located on it must have a rear
yard of at least twenty-five (25%) percent of the depth of
the lot, but such rear yard need not be more than twenty-five
(25') feet.
IV. INTENSITY OF USE:
Except as hereinafter provided, all dwellings hereafter erected,
enlarged, relocated, or reconstructed shall be located on lots
containing the following areas:
A. A lot on which there is erected a single family dwelling
shall contain an area of not less than six thousand (6,000)
square feet and an average width of not less than fifty (501)
feet.
B. A lot on which there is erected a two-four family dwelling
shall contain an area of not less than seven thousand five
hundred (7,500) square feet for the first two (2) units,
plus one thousand (1,000) square feet for each additional
unit in excess of two (2).
C. Where a lot or tract has less area than herein required and
its boundary lines along their entire length touched lands
under other ownership on the effective date of this Ordinance
and have not since been changed, such parcel of land may be
used for a single-family dwelling.
V. SIZE REGULATIONS
The minimum area of the main building shall be eight hundred
(800) square feet exclusive of garage, breezeways and porches.
VI. HEIGHT REGULATIONS:
A. No building shall exceed thirty-five (351) feet in height.
B. Public, semi-public, or public service buildings, hospitals,
institutions or schools, permitted in this district, may be
erected to a height not exceeding sixty (601) feet, and
churches and temples may be erected to a height not exceeding
seventy-five (751) feet if the building is set back from each
yard line at least one (11) foot for each two (21) feet addi-
77
tional height above the height limit otherwise provided in
this district.
C. Chimneys, fire towers, monuments, tanks, water towers, orna-
mental towers and spired church steeples, radio or television
towers, or necessary mechanical appurtenances, may be erected
to a height in accordance with existing or hereafter adopted
Ordinances of the City of Stephenville, Texas, provided that
in the absences of any such ordinance there shall be no
height limitations of these structures.
VII. ACCESSORY BUILDINGS:
A. No accessory building shall be constructed upon a lot until
the construction of the main use building has been actually
commenced. No accessory building shall be used unless the
main use building on the lot is also being used.
B. Accessory buildings may be constructed, not exceeding four
hundred (400) square feet in floor area, when located on the
same lot as the main use building. This does not include
private garages, bonafide servants' quarters not for rent or
used for commercial purposes. Such buildings may be used for
customary home occupations as defined in this ordinance.
C. In the RR=2 District accessory buildings shall not occupy more
than thirty (30%) percent of the required minimum rear yard
area. Accessory buildings shall be a minimum of twelve (121)
feet from the main use building. In the RR=2 District no
accessory building shall be more than one (1) story in
height.
D. An accessory building cannot be located closer than five (51)
feet from any easement or property line.
VIII. PARKING REGULATIONS:
A. In the RR=2 District there shall be provided, in connection
with appropriate allowable uses, off-street vehicle parking
spaces in accordance with the following requirements:
1. A single family dwelling, in the RR=2 District shall pro-
vide on each lot, two (2) vehicle parking spaces. Each
space shall be enclosed, or unenclosed, sufficient in
size to store one automobile together with a drive -way
connecting the parking space with a street or alley and
permitting ingress or egress of an automobile. Said
driveway may be a single driveway for both parking
spaces.
For purposes of this ordinance, the size of a parking
space for one (1) vehicle consists of a rectangular area
having dimensions of not less than ten (101) feet by
sixteen (161) feet plus adequate area for ingress or
egress. Such parking spaces and driveways must be paved
with a sealed surface pavement or maintained in such a
manner that no dust will be produced.
2. For two-four family dwellings in the R-2 District two (2)
parking spaces shall be provided and maintained on the
lot for each dwelling unit in the building.
Each space shall be enclosed, or unenclosed, sufficient
in size to store one automobile together with a dri-
veway connecting the parking space with a street or
ally and permitting ingress or egress of an automo-
bile. For purposes of this ordinance, the size of a
parking space for one (1) vehicle consists of a rec-
tangular area having dimensions of not less than ten
(101) feet by sixteen (161) feet plus adequate area
for ingress or egress. Such parking spaces and
driveways must be paved with a sealed surface pave-
ment or maintained in such a manner that no dust
will be produced.
B. All Other Uses Permitted In The RR=2 District:
IX
X
XI.
II
See Section XIV for additional primary and conditional use
parking regulations.
SIGN REGULATIONS:
See Section XV for sign regulations.
EXCEPTIONS TO USE, HEIGHT AND AREA REGULATIONS:
See Section XIII.
MOTOR VEHICLE REGULATIONS:
The regular or non -delivery parking of motor vehicles in the R-2
District shall be limited to passenger automobiles and commercial
or hauling vehicles not exceeding twenty-five (251) feet in
length. Tractors for tractor -trailer trucks shall not be
allowed to park in residential areas.
SECTION VII
R-3 MULTIPLE -FAMILY RESIDENTIAL DISTRICT
DESCRIPTION:
This is a residential district to provide for medium density
development. The principal use of land is for single-family
dwellings, two-four family dwellings, and multiple -family housing
types consisting of townhouses, apartments, etc. Recreational,
religious, and educational land use activities normally
appropriate to service such residential neighborhoods are also
permitted to provide the basic elements of a convenient,
balanced and attractive living area and previously zoned areas
as R-2 shall be zoned R-3 subject to future rezoning as provided
by the rezoning provisions of this ordinance.
USE REGULATIONS:
A. Primary Uses:
1. Accessory Building To Main Use
2. Boarding House
3. Caretakers or Guard Dwelling
4. Child Care Institution
5. Church and Rectory
6. College or University
7. Community Unit Development
8. Construction Yard (Temporary)
9. Day Care Center
10. Field Office (Temporary)
11. Fire Station or Public Safety Building
12. Foster Group Home
13. Fraternal Organization, Lodge, or Civic Club
14. Gas Transmission Line & Metering Station
15. Golf Course or Country Club (private)
16. Group Day Care Homes - 7 to 12 Children
17. Home for Narcotic, Alcoholic or Psychiatric Patients
18. Home Occupation
19. Hospital - General Acute Care
20. Hospital - Chronic Care (human)
21. Institution for Religious or Philanthropic Nature
22. Local Utility Distribution Lines
23. Multi -Family Dwelling (five or more units)
24. Off Street Parking Incidental To Main Use.
25. Park, Playground, Public Community Recreation Center
26. Private Franchised Utility Other Than Listed
27. Private Kindergarten
28. Registered Family Home - 6 + 6 Children
29. Residence Home For Aged
30. Rooming House
31. School - Private, Primary, Secondary, Parochial
79
32. School - Public
33. Single -Family Dwelling - Attached
34. Single -Family Dwelling - Detached
35. Telephone Exchange
36. Two -Four Family Dwelling
B. Conditional Uses:
1. Cemetery
III. AREA REGULATIONS:
(Special Use Permit Required)
A. Single and Two -Four Family Dwellings:
1. Front Yard:
All buildings must be set back from the street right-
of-way lines to comply with the following front
yard requirements:
a. The minimum depth of the front yard must be twenty-
five (251) feet.
b. When a lot has double frontage the front yard
requirements must be provided on both streets.
2. Side Yard:
All lots must have side yard setbacks of not less than
ten (10%) percent of the width of the lot, but such
side yard need not exceed five (51) feet and shall not
be less than four (41) feet. However, for buildings
located on corner lots there must be a side yard set-
back from the intersecting street of not less than
twenty-five (25') feet.
3. Rear Yard:
A lot with a main use building located on it must have
a rear yard of at least twenty-five (25%) percent of
the depth of the lot, but such rear yard need not be
more than twenty-five (251) feet.
B. All Other Uses Permitted In the R-3 District:
1. Front Yard:
a. There shall be a front yard along the front line of
the lot. The minimum depth of such yard shall be
twenty five (25') feet.
b. When a lot has double frontage the front yard
requirements must be provided on both streets.
2. Side Yard:
All lots must have side yard setbacks of at least ten
(101) feet. However, for buildings located on corner
lots there must be a side yard setback from the inter-
secting street of not less than twenty five (251) feet.
3. Rear Yard:
A lot with a main use building located on it must have
a rear yard of at least twenty (201) feet.
IV. INTENSITY OF USE:
Except as hereinafter provided, all dwellings hereafter erected,
enlarged, relocated, or reconstructed shall be located on lots
containing the following areas:
A. Single And Two -Four Family Dwellings:
1. A lot on which there is erected a single family
dwelling shall contain an area of not less than
six thousand square feet and an average width of not
m
less fifty feet (50').
V
VI.
VII.
2. A lot on which there is erected a two-four family
dwelling shall contain an area of not less than
seven thousand five hundred (7,500) square feet for
the first two (2) units, plus one thousand (1,000)
square feet for each additional unit in excess of
two (2).
3. Where a lot or tract has less area than herein
required and its boundary lines along their entire
length touched lands under other ownership on the
effective date of this Ordinance and have not since
been changed, such parcel of land may be used for
single family dwelling.
B. All Other Uses Permitted in the R-3 District:
1. A lot on which there is erected a multiple family
dwelling, five or more units, shall contain an area
of not less than ten thousand (10,000) square feet
for the first two (2) units, plus one thousand
(1,000) square feet for each additional unit in
excess of two (2).
A minimum of one percent (18) of such area shall be
maintained as green space as defined in this ordinance.
2. Where a lot or tract has less area than herein required
and its boundary lines along their entire length
touched lands under other ownership on the effective
date of this Ordinance and have not since been changed,
such parcel of land may be used for single family
dwelling.
SIZE REGULATIONS:
The minimum area of the main building shall be eight hundred
(800) square feet, exclusive of garage, breezeways, and
porches.
HEIGHT REGULATIONS:
A. No building shall exceed thirty-five (351) feet in height.
B. Public, semi-public, or public service buildings, hospi-
tals, institutions or schools, permitted in this
district, may be erected to a height not exceeding sixty
(601) feet, and churches and temples may be erected to a
height not exceeding seventy-five (751) feet if the
building is set back from each yard line at least one
(11) foot for each two (2') feet additional height above
the height limit otherwise provided in this district.
C. Chimneys, fire towers, monuments, tanks, water towers,
ornamental towers and spired church steeples, radio or
television towers, or necessary mechanical appurtenan-
ces, may be erected to a height in accordance with
existing or hereafter adopted ordinances of the City of
Stephenville, Texas, provided that in the absence of any
such ordinance there shall be no height limitations of
these structures.
ACCESSORY BUILDINGS:
A. No accessory building shall be constructed upon a lot
until the construction of the main use building has been
actually commenced. No accessory building shall be used
unless the main use building on the lot is also being
used.
B. Accessory buildings may be constructed, not exceeding
four hundred (400) square feet in floor area, when
81
located on the same lot as the main use building. This
does not include private garages, bonafide servants'
quarters not for rent or used for commercial purposes.
Such buildings may be used for customary home occupa-
tions as defined in this ordinance.
C. In the R-3 District accessory buildings shall be a mini-
mum of twelve (121) feet from the main use building. In
the R-3 District no accessory building shall be more
than one (1) story in height.
D. An accessory building cannot be located closer than five
(51) feet from any easement or property line.
VIII. PARKING REGULATIONS:
A. In the R-3 District there shall be provided, in connection
with appropriate allowable uses, off-street vehicle parking
spaces in accordance with the following requirements:
1. A one family dwelling, in the R-3 District shall pro-
vide on each lot, two (2) vehicle parking spaces.
Each space shall be enclosed, or unenclosed, sufficient
in size to store one automobile together with a dri-
veway connecting the parking space with a street or
alley and permitting ingress or egress of an automo-
bile. Said driveway may be a single driveway for both
parking spaces.
For purposes of this ordinance, the size of a parking
space for one (1) vehicle consists of a rectangular area
having dimensions of not less than ten (101) feet by
sixteen (161) feet plus adequate area for ingress or
egress. Such parking spaces and driveways must be
paved with a sealed surface pavement or maintained in
such a manner that no dust will be produced.
2. For two-four family dwellings in the RR=3 District two
(2) parking spaces shall be provided and maintained on
the lot for each dwelling unit in the building.
Each space shall be enclosed, or unenclosed, sufficient
in size to store one automobile together with a dri-
veway connecting the parking space with a street or
alley and permitting ingress or egress of an automo-
bile. For purposes of this ordinance, the size of a
parking space for one (1) vehicle consists of a rec-
tangular area having dimensions of not less than ten
(10') feet by sixteen (161) feet plus adequate area for
ingress or egress.
Such parking spaces and driveways must be paved
with a sealed surface pavement or maintained in
such a manner that no dust will be produced.
3. For multiple family dwellings, five or more units, in
the R-3 District two (2) parking spaces shall be pro-
vided and maintained on the lot for each dwelling unit
in the building.
Each space shall be enclosed, or unenclosed, sufficient
in size to store one automobile together with a dri-
veway connecting the parking space with a street or
alley and permitting ingress or egress of an automo-
bile. For purposes of this ordinance, the size of a
parking space for one (1) vehicle consists of a rec-
tangular area having dimensions of not less than ten
(101) feet by sixteen (161) feet plus adequate area for
ingress and egress.
No parking will be allowed in the front or side yard
area. Driveways will be permitted in the front or side
yard area.
Such parking spaces and driveways must be paved with a
sealed surface pavement and maintained in such a manner
that no dust will be produced.
4. All Other Uses Permitted In The R-3 District:
82
See Section XIV for additional primary and conditional
use parking regulations.
IX. SIGN REGULATIONS:
See Section XV for sign regulations.
X. EXCEPTIONS TO USE, HEIGHT, AND AREA REGULATIONS:
See Section XIII
XI. MOTOR VEHICLE REGULATIONS:
The regular or non -delivery parking of motor vehicles in the RR=3
District shall be limited to passenger automobiles and commer-
cial or hauling vehicles not exceeding twenty-five (25') feet in
length. Tractors for tractor -trailer trucks shall not be
allowed to park in residential areas.
SECTION VIII
B-1 NEIGHBORHOOD BUSINESS DISTRICT
I. DESCRIPTION•
The B-1 Neighborhood Business District is designed to accomodate
trade and personal services that meet basic needs of the fami-
lies residing in areas adjacent to such centers. Requirements
for sunlight, natural air circulation, open space, and off-
street parking are more restrictive in the BB=1 District because
the incidental retail trade and service uses located within it
are intended to become an integral part of the neighborhood and
must operate in harmony with other residential, educational,
religious and recreational land use activities.
II. USE REGULATIONS:
III
A. Primary Uses:
1.
Antique Shop - Sales in Building
2.
Bakery & Confectionery - Shop Products for Retail Only
3.
Bank, Savings & Loan or Credit Union
4.
Caretakers or Guard Dwelling
5.
Church and Rectory
6.
Cleaning & Pressing - Small Shop, Pickup and Delivery
7.
Clinic
8.
College or University
9.
Construction Yard (Temporary)
10.
Custom Personal Service Shop (beauty/barber shop, etc.)
11.
Day -Care Centers
12.
Drapery, Needlework or Weaving Shop
13.
Field Office (Temporary)
14.
Fire Station or Public Safety Building
15.
Florist or Garden Shop
16.
Fraternal Organization, Lodge, or Civic Club
17.
Gas Transmission Line & Metering Station
18.
Group Day -Care - 7 to 12 Children
19.
Handcraft Shop
20.
Headquarters of Government Agency
21.
Home for Narcotic, Alcoholic or Psychiatric Patients
22.
23.
Hospital - Chronic Care (human)
Hospital - General Acute Care (human)
24.
Household Appliance Service & Repair
25.
Institution For Religious or Philanthropic Nature
26.
Laundry & Cleaning - Self Service
27.
Local Utility Distribution Lines
28.
Mini -Warehouses
29.
Mortuary or Funeral Home
30.
Off Street Parking Incidental To Main Use.
31.
Office - Professional & General Administration
32.
Office - Public or Private Utility
33.
Park, Playground, Public Community Recreation Center
9K
34.
Pet Shop - Small Animals Within Building
35.
Private Franchised Utility Other Than Listed
36.
Private Kindergarten
37.
Registered Family Home - 6 + 6 Children
38.
Residence Home For Aged
39.
Restaurant or Cafeteria - Without Drive -In Service
40.
School - Private, Primary, Secondary, Parochial
41.
School - Public
42.
Small Animal Clinic
42.
Studio for Photographer, Musician, Artist, Etc.
43.
Telephone Exchange
44.
Veterinary Clinic - (Inside of Building)
B. Conditional Uses: (Special Use Permit Required)
1. Storage, Sale, or Repair of Furniture & Appliances
(Inside Building)
III. AREA REGULATIONS:
A. All Uses Permitted in the B-1 District:
1. Front Yard:
There shall be a front yard along the front line of the
lot. The minimum depth of such yard shall be twenty
(201) feet.
2. Side Yard:
No side yards are required except that on a corner lot
the side yard on a street side shall be twenty (201)
feet. Where a lot is used for any of the commercial
purposes permitted in this district and abutting on the
side of a lot in an R-1, R-2 or R-3 District, there
shall be a side yard of not less than five (51) feet.
3. Rear Yard:
No rear yard is required except when the lot abutts
upon an RR=1, R`2 or RR=3 District in which case there
shall be a rear yard of not less than ten (101) feet.
IV. INTENSITY OF USE:
Except as hereinafter provided, all buildings hereafter erected,
enlarged, relocated, or reconstructed shall be located on lots
containing the following areas:
A. All Uses Permitted in the B-1 District:
There are no minimum lot area or lot width requirements.
V. SIZE REGULATIONS:
A. All Uses Permitted In the B-1 District:
There are no minimum size regulations.
VI. HEIGHT REGULATIONS:
A. No building shall exceed
thirty-five (351) feet in height.
B. Public, semi-public, or
public service buildings, hospitals,
institutions or schools,
permitted in this district, may be
erected to a height not
exceeding sixty (601) feet, and
churches and temples may
be erected to a height not exceeding
seventy-five (75') feet
if the building is set back from each
yard line at least one (11)
foot for each two (21) feet addi-
tional height above the
height limit otherwise provided in
this district.
84
towers, ornamental towers and spired church steeples, radio
or television towers, or necessary mechanical appurtenances,
may be erected to a height in accordance with existing or
hereafter adopted ordinances of the City of Stephenville,
Texas, provided that in the absences of any such ordinance
there shall be no height limitations of these structures.
VII. PARKING REGULATIONS:
A. In the B-1 District there shall be provided, in connection
with appropriate allowable uses, off-street vehicle parking
spaces in accordance with the following requirements:
1. All Uses Permitted In The B-1 District:
See Section XIV for primary and conditional use
parking regulations.
VIII. SIGN REGULATIONS:
See Section XV for sign regulations
IX. EXCEPTIONS TO USE, HEIGHT, AND AREA REGULATIONS:
See Section XIII.
X. MOTOR VEHICLE REGULATIONS:
XI. OTHER CONDITIONS:
Garbage Regulations:
See Section XIII
XII. LOADING AND UNLOADING REGULATIONS:
All loading, unloading and maneuvering of vehicles connected
with this activity must be on the premises and will not be per-
mitted in any street. Loading and unloading areas must be paved
with a sealed surface pavement or maintained in such a manner
that no dust will be produced.
XIII. MINI -WAREHOUSE RESTRICTIONS:
A. Number of units determined by lot size.
B. Setbacks:
1. Front Yard, 20 feet.
2. Side Yard, 25 feet if building faces perimeter.
3. Side Yard, 5 feet if building faces inward.
C. Driving and Loading Areas to be sealed surface pavement.
SECTION IX
SECONDARY AND HIGHWAY BUSINESS DISTRICT
I. DESCRIPTION•
The B-2 District is
grouping, in one or
that provide goods
community.
II. USE REGULATIONS:
A. Primary Uses:
intended to provide a basis for the unified
more buildings, of retail shops and stores
and services for the residents of the general
1. Animal Clinic or Hospital
2. Antique Shop - Sales in Building
3. Automobile Laundry
9E
4. Auto Paint & Body Shop
5. Auto Parking Lot or Building (Commercial)
6. Auto Sales & Repair
7. Bakery & Confectionery - Retail Sales
8. Bakery & Confectionery
9. Bank, Savings & Loan or Credit Union
10. Bottling Works (Wholesale)
11. Building Material Sales
12. Cabinet and Upholstering Shop
13. Caretakers or Guard Dwelling
14. Cemetery
15. Church and Rectory
16. Cleaning & Pressing - Small Shop, Pickup and Delivery
17. Clinic
18. College or University
19. Commercial Amusement (Indoor)
20. Commercial Amusement (Outdoor)
21. Construction Yard (Temporary)
22. Contractor Shop & Storage Yard
23. Custom Personal Service Shop (beauty/barber shop, etc.)
24. Discount, Variety or Department Store
25. Drapery, Needlework or Weaving Shop
26. Engine and Motor Repairs
27. Fair Grounds or Exhibition Area
28. Feed, Seed, and Fertilizer Store - No Bulk Storage
29. Field Office (Temporary)
30. Fire Station or Public Safety Building
31. Florist or Garden Shop
32. Fraternal Organization, Lodge, or Civic Club
33. Furniture or Appliance Store
34. Gas Transmission Line & Metering Station
35. Gasoline Service Station & Car Care Center
36. Go -Cart Tracks
37. Golf Course or Country Club (private)
38. Greenhouse or Nursery for Retail Plant Sales
39. Handcraft Shop
40. Headquarters of Government Agency
41. Heavy Machinery Sales & Storage
42. Home for Narcotic, Alcoholic or Psychiatric Patients
43. Hospital - General Acute Care (human)
44. Hotels & Motels
45. Household Appliance Service & Repair
46. Institution For Religious or Philanthropic Nature
47. Job Printing
48. Laundry & Cleaning - Self Service
49. Laundry Plant (Commercial)
50. Local Utility Distribution Lines
51. Mausoleum
52 Mini -Warehouses
53. Mortuary or Funeral Home
54.
New Auto Parts & Accessory Sales
55.
New or Used Car Lot (Open)
56.
Newspaper Printing
57.
Office - Professional & General Administration
58.
Office - Public or Private Utility
59.
Paint Shop
60.
Pawn Shop
61.
Pet Shop - Small Animals Within Building
62.
Plumbing Shop
63.
Private Franchised Utility Other Than Listed
64.
65.
Radio, Television, Microwave or Electric Gen.Tower
Railroad or Bus Passenger Station
66.
Railroad Team Track, Freight Depot or Docks
67.
Residence Home For Aged
68.
Restaurant (Drive -In Type)
69.
Restaurant or Cafeteria - Without Drive -In Service
70.
Retail Shops & Stores Other Than Listed
71.
School - Private, Primary, Secondary, Parochial
70.
School - Public
72.
Seat Cover or Muffler Installation Shop
73.
Service Yards of Headquarters of Gov't Agency
74.
Shops, Office & Storage Area - Public or Private
im
75. Small Animal Clinic
76. Storage, or Repair of Furniture & Appliances (Display
inside of building)
77. Storage, Sale, or Repair of Furniture & Appliances
(display outside of building)
78. Studio for Photographer, Musician, Artist, Etc.
79. Studio For Radio & Televison
80. Telephone Exchange
81. Theater - Indoor
82. Theater (Drive -In)
83. Tool and Equipment Rental Shop
84. Trailer or Mobile Home Display & Sales
85. Trailer Rental
86. Used Auto Parts Sales - In Building
87. Veterinary Clinic
B. Conditional Uses (Special Use Permit Required)
1. Scientific & Research Laboratories
2. Trade & Commercial Schools
III. AREA REGULATIONS:
A. All Uses permitted in the B-2 District:
1. Front Yard:
There shall be a front yard along the front line of the
lot. The minimum depth of such yard shall be twenty
(201) feet.
2. Side Yard:
Side yards are not required in the B-2 District.
Where a lot is used for any of the commercial purposes
permitted in this district and abutting on the side of
a lot in an R-1, R-2 or R-3 District there shall be a
side yard of not less than (51) feet.
3. Rear Yard:
A rear yards are not required except when it abuts upon
an R-1, R-2, or R-3 District in which case there shall
be a rear yard of not less than ten feet (10')
IV. INTENSITY OF USE:
Except as hereinafter provided, all buildings hereafter erected,
enlarged, relocated, or reconstructed shall be located on lots
containing the following area:
All Uses Permitted in the B-2 District:
There are no minimum lot area or lot width requirements.
V. SIZE REGULATIONS:
All Uses Permitted in the B-2 District:
There are no minimum size regulations.
VI. HEIGHT REGULATIONS:
A. No building shall exceed thirty-five (351) feet in height.
B. Public, semi-public, or public service buildings, hospitals,
institutions or schools, permitted in this district, may be
erected to a height not exceeding sixty (601) feet, and
churches and temples may be erected to a height not
exceeding seventy-five (751) feet if the building is set
back from each yard line at least one (11) foot for each two
87
(21) feet additional height above the height limit otherwise
provided in this district.
C. Chimneys, fire towers, flag poles, monuments, tanks, water
towers, ornamental towers and spired church steeples,
radio or television towers, or necessary mechanical appur-
tenances, may be erected to a height in accordance with
existing or hereafter adopted ordinances of the City of
Stephenville, Texas, provided that in the absence of any
such ordinance there shall be no height limitations of these
structures.
7 VII. PARKING REGULATIONS:
All Uses Permitted in the B-2 District:
See Section XIV for primary and conditional use parking regu-
lations.
VIII. SIGN REGULATIONS:
See Section XV for sign regulations.
IX. EXCEPTIONS TO USE, HEIGHT, AND AREA REGULATIONS:
See Section XIII.
X. MOTOR VEHICLE REGULATIONS:
None
XI. OTHER CONDITIONS:
Garbage Regulations:
See Section XIII.
XII. LOADING AND UNLOADING REGULATIONS:
All loading, unloading and maneuvering of vehicles connected
with this activity must be on the premises and will not be per-
mitted in any street. Loading and unloading areas must be paved
with a sealed surface pavement and maintained in such a manner
that no dust will be produced.
XIII. MINI -WAREHOUSE RESTRICTIONS:
A. Number of units determined by lot size.
B. Setbacks:
1. Front Yard, 20 feet.
2. Side Yard, 25 feet if building faces perimeter.
3. Side Yard, 5 feet if building faces inward.
C. Driving and Loading Areas to be sealed surface pavement.
SECTION X
B-3 CENTRAL BUSINESS DISTRICT
I. DESCRIPTION:
The B-3 District is intended to encourage and facilitate the
maintenance and redevelopment of the central business district
which includes the historical courthouse, all types of offices,
retail commercial businesses and residences excluding businesses
that are allowed in the Industrial District. The different land
uses are compatiable with existing use to preserve the integrity
of the central business district and deter urban deterioration.
II. USE REGULATIONS:
A. Primary Uses:
Fk7
B.
1. Accessory Building To Main Use
2. Antique Shop - Sales in Building
3. Auto Parking Lot or Building (Commercial)
4. Bakery & Confectionery Shop
5. Bank, Savings & Loan or Credit Union
6. Boarding House
7. Caretakers or Guard Dwelling
8. Church and Rectory
9. Cleaning & Pressing - Small Shop, Pickup and Delivery
10. Clinic
11. College or University
12. Commercial Amusement (Indoor)
13. Community Unit Development
14. Construction Yard (Temporary)
15. Custom Personal Service Shop (beauty/barber shop, etc.)
16. Day Care Center
17. Discount, Variety or Department Store
18. Drapery, Needlework or Weaving Shop
19. Field Office (Temporary)
20. Fire Station or Public Safety Building
21. Florist or Garden Shop
22. Fraternal Organization, Lodge, or Civic Club
23. Furniture or Appliance Store
24. Gas Transmission Line & Metering Station
25. Gasoline Service Station & Car Care Center
26. Group Day Care
27. Handcraft Shop
28. Headquarters of Government Agency
29. Home for Narcotic, Alcoholic or Psychiatric Patients
30. Home Occupation
31. Hospital - General Acute Care (human)
32. Hotels & Motels
23. Household Appliance Service & Repair
34. Institution For Religious or Philanthropic Nature
35. Local Utility Distribution Lines
36. Mausoleum
37. Multi -Family Dwelling (five or more)
38. New Auto Parts & Accessory Sales
39. Newspaper Printing
40. Off Street Parking Incidental To Main Use.
41. Office - Professional & General Administration
42. Office - Public or Private Utility
43. Pawn Shop
44. Pet Shop - Small Animals Within Building
45. Radio, Television, Microwave or Electric Gen.Tower
46. Railroad or Bus Passenger Station
47. Registered Family Home
48. Residence Home For Aged
49 Restaurant or Cafeteria - Without Drive -In Service
50. Retail Shops & Stores Other Than Listed
51. Rooming House
52. School - Private, Primary, Secondary, Parochial
53. School - Public
54. Service Yards of Headquarters of Gov't Agency
55. Shops, Office & Storage Area - Public or Private
56. Single -Family Dwelling - Attached
57. Single -Family Dwelling - Detached
58. Studio for Photographer, Musician, Artist, Etc.
59. Studio For Radio & Televison
60. Telephone Exchange
61. Theater - Indoor
62. Tool and Equipment Rental Shop
63. Two -Four Family Dwelling
64. Used Auto Parts Sales - In Building
Conditional Uses (Special Use Permit Required)
1. Bakery & Confectionery - Wholesale & Distribution
2. Job Printing
3. Plumbing Shop
4. Scientific & Research Laboratories
5. Storage, Sale or Repair of Furniture & Appliances
(inside building).
6. Trade and Commercial Schools
m
IV.
AREA REGULATIONS:
A. Single and Multiple Family Dwellings
1. Front Yard:
All buildings must be set back from the street right-
of-way lines to comply with the following front yard
requirements:
a. The minimum depth of the front yard must be twenty-
five (251) feet.
b. When a lot has double frontage the front yard
requirements must be provided on both streets.
2. Side Yard:
All lots must have side yard setbacks of not less
than ten (10%) percent of the width of the lot, but
such side yard need not exceed five (51) feet and shall
not be less than four (4') feet. However, for
buildings located on corner lots there must be a side
yard setback from the intersecting street of not less
than twenty-five (251) feet.
3. Rear Yard:
A lot with a main use building located on it must have
a rear yard of at least twenty-five (25%) percent of
the depth of the lot, but such rear yard need not be
more than twenty-five (251) feet.
B. All Other Uses permitted in the BB=3 District:
1. Front Yard:
No front yard is required in the BB=3 District.
2. Side Yard:
Side yards are not required in the BB=3 District.
Where a lot is used for any of the commercial purposes
permitted in the B-3 District and abutting on the side
of a lot in an R-1, R-2, or R-3 District, there shall
be a side yard of not less than five (51) feet.
3. Rear Yard:
A rear yard is not required except when it abutts upon
an R-1, R-2 or R-3 District in which case there shall
be a rear yard of not less than ten (10') feet.
INTENSITY OF USE:
Except as hereinafter provided, all dwellings
enlarged, relocated, or reconstructed shall be
containing the following area:
A. Single and Multiple Family Dwellings:
hereafter erected,
located on lots
1. A lot on which there is erected a single-family dwelling
shall contain an area of not less than six thousand
(6,000) square feet, and an average width of not less
than fifty (501) feet.
2. A lot on which there is erected a two-four family
dwelling shall contain an area of not less than seven
thousand five hundred (7,500) square feet for the first
two (2) units plus one thousand (1,000) square feet for
each additional unit in excess of two (2).
90
3. A lot on which there is erected a multiple family
dwelling, five or more units, shall contain an area not
less than ten thousand (10,000) square feet for the
first two (2) units, plus one thousand (1,000) square
feet for each additional unit in excess of two (2).
A minimum of one percent (1%) of such area shall be
maintained as green space as defined in this ordinance.
4. Where a lot or tract has less area than herein required
and its boundary lines along their entire length touched
lands under other ownership on the effective date of this
Ordinance and have not since been changed, such parcel of
land may be used for a single family dwelling.
17 B. All Other Uses Permitted in the B-33 District:
There are no minimum lot area or lot width requirements for
other uses.
V. SIZE REGULATIONS:
A. Single and Multiple Family Dwelling:
The minimum area of the main building shall be eight hundred
(800) square feet, exclusive of garage, breezeways, and
porches.
B. All Other Uses Permitted in the B-3 District:
There are no minimum size regulations.
VI. HEIGHT REGULATIONS:
A. No building shall exceed seventy-five (751) feet in height.
B. Chimneys, fire towers, flag poles, monuments, tanks, water
towers, ornamental towers and spired church steeples, radio
or television towers, or necessary mechanical appurtenances,
may be erected to a height in accordance with existing or
hereafter adopted ordinances of the City of Stephenville,
Texas, provided that in the absence of any such ordinance
there shall be no height limitations of these structures.
VII. ACCESSORY BUILDINGS:
A. No accessory building shall be constructed upon a lot until
the construction of the main use building has been actually
commenced. No accessory building shall be used unless the
main building on the lot is also being used.
B. Accessory buildings may be constructed, not exceeding four
hundred (400) square feet in floor area, when located on the
same lot as the main use building. This does not include
private garages, bonafide servants' quarters not for rent or
used for commercial purposes. Such buildings may be used for
customary home occupations as defined in this ordinance.
C. In the B-3 District accessory buildings shall be a minimum of
twelve (12') feet from the main use building. In the B-3
District no accessory building shall be more than one (1)
story in height.
D. An accessory building cannot be located closer than five (5')
feet from any easement or property line.
VIII. PARKING REGULATIONS:
In the B-3 District there shall be provided, in connection with
appropriate allowable uses, off-street vehicle parking spaces in
accordance with the following requirements:
A. A one family dwelling, in the BB=3 District shall provide on
each lot, two (2) vehicle parking spaces. Each space shall
91
be enclosed, or unenclosed, sufficient in size to store one
automobile together with a driveway connecting the parking
space with a street or alley and permitting ingress or egress
of an automobile. Said driveway may be a single driveway
for both parking spaces.
For purposes of this ordinance, the size of a parking space
for one (1) vehicle consists of a rec tangular area having
dimensions of not less than ten (101) feet by sixteen (161)
feet plus adequate area for ingress or egress. Such
parking spaces and driveways must be paved with a sealed
surface pavement or maintained in such a manner that no
dust will be produced.
B. For two-four family dwellings in the BB=3 District two (2)
parking spaces shall be provided and maintained on the lot
for each dwelling unit in the building. Each space shall be
enclosed, or unenclosed, sufficient in size to store one
automobile together with a driveway connecting the parking
space with a street or alley and permitting ingress or egress
of an automobile. For purposes of this ordinance, the size
of a parking space for one (1) vehicle consists of a rec-
tangular area having dimensions of not less than ten (101)
feet by sixteen (161) feet plus adequate area for ingress or
egress. Such parking spaces and driveways must be paved with
a sealed surface pavement or maintained in such a manner that
no dust will be produced.
C. For Multiple Family Dwellings, five or more units, in the B-
3 District two (2) parking spaces shall be provided and
maintained on the lot for each dwelling unit in the
building. Each space shall be enclosed, or unenclosed, suf-
ficient in size to store one automobile together with a dri-
veway connecting the parking space with a street or alley
and permitting ingress or egress of an automobile. For pur-
poses of this ordinance, the size of a parking space for one
(1) vehicle consists of a rectangular area having dimensions
of not less than ten (101) feet by sixteen (161) feet plus
adequate area for ingress and egress. No parking will be
allowed in the front or side yard area. Driveways will be
permitted in the front yard areas. Such parking spaces
and driveways must be paved with a sealed surface pavement
and maintained in such a manner that no dust will be pro-
duced.
All Other Uses Permitted in the B-3 District:
See Section XIV for additional primary and conditional
use parking regulations.
IX. SIGN REGULATIONS:
See Section XV for sign regulations.
X. EXCEPTIONS TO USE, HEIGHT, AND AREA REGULATIONS:
See Section XIII.
XI. MOTOR VEHICLE REGULATIONS:
None
XII. OTHER CONDITIONS:
Garbage Regulations:
See Section XIII.
I. DESCRIPTION:
SECTION XI
B-4 PRIVATE CLUB DISTRICT
92
The B-4 District in intended to provide for the grouping of pri-
vate clubs providing on -the -premises consumption of alcoholic
beverages.
II. USE REGULATIONS:
A. Primary Uses:
1. Fair Grounds and Exhibition Area - (3 day permit)
2. Fraternal Organization, Lodge, or Civic Club
3. Golf Course or Country Club (private)
4. Hotels & Motels
5. Private Clubs
6. Restaurant or Cafeteria - Without Drive -In Service
B. Conditional Uses (Special Use Permit Required)
None
III. AREA REGULATIONS:
A. All Uses permitted in the BB=4 District:
1. Front Yard:
No front yard is required in the B-4 District.
2. Side Yard:
Side yards are not required in the B-4 District.
Where a lot is used for any of the commercial purposes
permitted in the B-4 District and abutting on the side
of a lot in an R-1, R-2 or R-3 District, there shall be
a side yard of not less than five (51) feet.
3. Rear Yard:
A rear yard is not required except when it abutts upon
an R-1, R-2 or R-3 District in which case there shall
be a rear yard of not less than ten (10') feet.
IV. INTENSITY OF USE:
Except as hereinafter provided, all dwellings hereafter
erected, enlarged, relocated, or reconstructed shall be
located on lots containing the following area:
All Uses Permitted in the B-4 District:
There are no minimum lot area or lot width requirements for
other uses.
V. SIZE REGULATIONS:
All Uses Permitted in the B-4 District:
There are no minimum size regulations.
VI. HEIGHT REGULATIONS:
A. No building shall exceed seventy-five (751) feet in height.
B. Chimneys, fire towers, flag poles, monuments, tanks, water
towers, ornamental towers and spired church steeples, radio
or television towers, or necessary mechanical appurtenances,
may be erected to a height in accordance with existing or
hereafter adopted ordinances of the City of Stephenville,
Texas, provided that in the absences of any such ordinance
there shall be no height limitations of these structures.
VII. PARKING REGULATIONS:
93
In the B-4 District there shall be provided, in connection
with appropriate allowable uses, off-street vehicle parking
spaces in accordance with the following requirements:
All Uses Permitted in the B-4 District:
See Section 14 for additional primary and conditional use
parking regulations.
VIII. SIGN REGULATIONS:
See Section XV for sign regulations.
IX. EXCEPTIONS TO USE, HEIGHT, AND AREA REGULATIONS:
See Section XIII
X. MOTOR VEHICLE REGULATIONS:
None
XI. OTHER CONDITONS:
A. Any person desiring a permit for conducting the business of
a private club, shall make application therefor which shall
describe the area to be so used and such application shall
be referred to the Planning & Zoning Commission which shall
find whether such area shall be designated as a B-4 District
and then make its recommendation thereon to the City Council
which shall proceed to take action thereon to establish or
refuse to establish such area as a B-4 District.
B. The penalty for failure to comply with the zoning classi-
fication herein created shall be the same penalty as hereto-
fore set out for other zoning classifications as passed by
the City Council of the City of Stephenville, Texas. Each
day's violation of this ordinance shall constitute a
separate offense.
C. Any ordinance heretofore passed by this body which is set
out in the Code of Ordinances of the City of Stephenville,
Texas, in conflict with this section is hereby superseded by
the contents hereof; and all other parts of an ordinance not
affected shall remain in full force and effect.
D. Garbage Regulations:
See Section XIII
XII. LOADING AND UNLOADING REGULATIONS:
A. All loading, unloading and maneuvering of vehicles connected
with this activity must be on the premises and will not be
permitted in any street. Loading and unloading areas must
be paved with a sealed surface pavement and maintained in
such a manner that no dust will be produced.
XIII. ACCESSORY BUILDINGS:
None Allowed.
SECTION XII
I INDUSTRIAL DISTRICT
I. DESCRIPTION•
The INDUSTRIAL District is intended to serve as the location for
general industrial activities.
II. USE REGULATIONS:
94
A. Primary Uses:
1. Accessory Building to Main Use
2. Airport, Heliport or Landing Field
3. Animal Clinic or Hospital
4. Antique Shop - Sales in Building
5. Automobile Laundry
6. Auto Paint & Body Shop
7. Auto Parking Lot or Building (Commercial)
8. Auto Sales & Repair
9. Auto Storage
10. Auto Wrecking or Salvage Yard
11. Bakery & Confectionery - Retail Sales
12. Bakery & Confectionery - Wholesale & Distribution
13. Bank, Savings & Loan or Credit Union
14. Bottling Works (Wholesale)
15. Building Material Sales
16. Cabinet and Upholstering Shop
17. Caretakers or Guard Dwelling
18. Cleaning & Dyeing Plant
19. College and/or University
20. Commercial Amusement (Indoor)
21. Commercial Amusement (Outdoor)
22. Concrete or Asphalt Batching Plant
23. Construction Yard (Temporary)
24. Contractor Shop & Storage Yard
25. Engine and Motor Repair
26. Fair Grounds or Exhibition Area
27. Feed Store
28. Field Office (Temporary)
29. Fire Station or Public Safety Building
30. Gas Transmission Line & Metering Station
31. Gasoline Service Station & Car Care Center
32. Go -Cart Tracks
33. Headquarters of Government Agency
34. Heavy Machinery Sales & Storage
35. Heavy Manufacturing or Industrial
36. Hotels & Motels
37. Job Printing
38. Laundry Plant (Commercial)
39. Light Manufacturing or Industrial
40. Local Utility Distribution Lines
41. Mini -Warehouses
42. New or Used Car Lot (Open)
43. Newspaper Printing
44. Office - Professional & General Administration
45. Office - Public or Private Utility
46. Paint Shop
47. Plumbing Shop
48. Private Franchised Utility Other Than Listed
49. Radio, Television, Microwave or Electric Gen.Tower
50. Railrood Track & Right -of -Way
51. Railroad Team Track, Freight Depot or Docks
52. Restaurant (Drive -In Type)
53. Restaurant or Cafeteria - Without Drive -In Service
54. Seat Cover or Muffler Installation Shop
55. Service Yards of Headquarters of Gov't Agency
56. Shops, Office & Storage Area - Public or Private
57. Storage, or Repair of Furniture & Appliances (Display
Inside of Building)
58. Storage, Sale, or Repair of Furniture & Appliances
(Display Outside of Building)
59. Storage or Wholesale Warehouse
60. Studio For Radio & Televison
61. Telephone Exchange
62. Trailer or Mobile Home Display & Sales
63. Trailer Rental
64. Transfer Storage & Baggage Terminal
65. Used Auto Parts Sales - In Building
III. AREA REGULATIONS:
A. All Uses permitted in the I District:
1. Front Yard:
95
No front yard is required in the I District.
2. Side Yard:
Side yards are not required in the I District.
Where a lot is used for any of the commercial purposes
permitted in the I District and abutting on the side
of a lot in an R-1, R-2 or R-3 District, there shall be
a side yard of not less than five (51) feet.
3. Rear Yard:
A rear yard is
not
required
except when it
abutts upon
an R-1, R-2 or
R-3
District
in which case
there shall
be a rear yard
of
not less
than ten (10')
feet.
IV. INTENSITY OF USE:
Except as hereinafter provided, all dwellings hereafter
erected, enlarged, relocated, or reconstructed shall be
located on lots containing the following area:
All Uses Permitted in the I District:
There are no minimum lot area or lot width requirements for
other uses.
V. SIZE REGULATIONS:
All Uses Permitted in the I District:
There are no minimum size regulations.
VI. HEIGHT REGULATIONS:
A. No building shall exceed seventy-five (751) feet in height.
B. Chimneys, fire towers, flag poles, monuments, tanks, water
towers, ornamental towers and spired church steeples, radio
or television towers, or necessary mechanical appurtenances,
may be erected to a height in accordance with existing or
hereafter adopted ordinances of the City of Stephenville,
Texas, provided that in the absence of any such ordinance
there shall be no height limitations of these structures.
VII. PARKING REGULATIONS:
In the I District there shall be provided, in connection
with appropriate allowable uses, off-street vehicle parking
spaces in accordance with the following requirements:
All Uses Permitted In The I District:
See Section XIV for additional primary and conditional use
parking regulations.
VIII. SIGN REGULATIONS:
See Section xv for sign regulations.
IX. EXCEPTIONS TO USE, HEIGHT, AND AREA REGULATIONS:
See Section XIII
X. MOTOR VEHICLE REGULATIONS:
Rr.=
XI. OTHER CONDITIONS:
Garbage Regulations:
M
See Section XIII.
XII. LOADING AND UNLOADING REGULATIONS:
All loading, unloading and maneuvering of vehicles connected
with this activity must be on the premises and will not be per-
mitted in any street. Loading and unloading areas must be paved
with a sealed surface pavement and maintained in such a manner
that no dust will be produced.
XIII. MINI -WAREHOUSE RESTRICTIONS:
A. Number of units determined by lot size.
B. Setbacks:
1. Front Yard, 20 feet.
2. Side Yard, 25 feet if building faces perimeter.
3. Side Yard, 5 feet if building faces inward.
C. Driving and Loading Areas to be sealed surface pavement.
SECTION XIII
ADDITIONAL USE. HEIGHT. AND AREA REGULATIONS EXCEPTIONS
I. USE REGULATIONS:
A. Railroad Rights of Way:
On all existing rights -of -way of railroad companies,
regardless of the zoning district in which such rights -of -
way are located, railroad trackage and accessories to
railroad movement may be constructed or maintained.
II. AREA AND DENSITY REGULATIONS:
A. In a district in which commercial or industrial buildings
are built with one or more stories for residential purposes
above commercial or industrial uses, no side yards will be
required for the residential portions of the building.
B. No yard or other open space provided about any building for
the purposes of complying with the provisions of these regu-
lations shall again be used as a yard or an open space for
another building. Every part of a required yard shall be
open to the sky and unobstructed by buildings except for
accessory buildings in the rear yard and except in the ordi-
nary projections of skylights, sills, belt courses, corn-
nices, and other ornamental features which may project into
such yards a distance of not more than two (21) feet.
C. Open, unenclosed porches, platforms, or landing places not
covered by a roof or canopy may extend or project into the
front yard for a distance not exceeding six (61) feet.
D. Terraces, uncovered porches, platforms, and ornamental
features which do not extend more than three (31) feet above
the floor level of the ground (first) story may project into
a required side yard, provided these projections be a
distant of at least two (21) feet from the adjacent side of
the lot line.
E. Front Yard:
1. Where forty (40%) percent or more of the frontage on one
side of a street between two intersecting streets is
developed with buildings that have observed (with a
variation of five (51) feet or less), a front yard
greater in depth than herein required, new buildings
shall not be erected closer to the street than the front
yard so established by the existing buildings.
2. Where forty (40%) percent or more of the frontage on one
side street between two intersecting streets is deve-
97
loped with buildings that have not observed a front
yard as described above, then,
a. Where a building is to be erected on a parcel of
land that is within one hundred (1001) feet of
existing buildings on both sides, the minimum
front yard shall be a line drawn between the two
closest corners of the adjacent buildings on the
two sides, or
b. Where a building is to be erected on a parcel of
land that is within one hundred (1001) feet of an
existing building on one side only, such building
may be erected as close to the street as the
II existing adjacent building.
C. In determining such front yard depth, buildings
located entirely on the rear one-half (1/2) of a lot
shall not be counted.
3. Vision Clearance. On any corner lot on which a front or
side yard is required, no wall, fence, sign or other
structure, or any plant growth shall be permitted or
maintained higher than two (21) feet above the curb
level within fifteen (151) feet of the intersection of
the property lines.
F. Side Yards:
1. The minimum width of a side yard of a corner lot in the
R-1, R-2 or R-3 Districts shall be not less than ten
(101) feet provided that if the street side line of a
corner lot is in the same block frontage with a lot or
lots, whose street line is a front of such lot or lots,
the side yard shall extend to the average alignment of
the buildings along the same side of the street, unless
such buildings are more than twenty-five (251) feet back
from the street line, in which case the side yard need
not be more than twenty-five (251) feet.
2. A side yard of not less than twenty-five (25') feet on
the side of the lot adjoining on an R-1, R-2 or RR=3
District shall be provided for all schools, libraries,
churches, community houses, clubs, and other public or
semi-public buildings hereafter erected or structurally
altered.
3. Garages detached or attached to the main use building
entering on the side street of a corner lot shall main-
tain a side yard of twenty (201) feet in front of the
garage.
G. Rear Yard:
1. In computing the depth of a rear yard where such yard
opens into an alley, one-half (1/2) of the width of such
alley may be assumed to be a portion of the required yard.
III. GARBAGE COLLECTION AND REFUSE RECEPTACLES:
In the R-3, B-1, B-2, B-3, B-4, and I Districts there will be
provided —a serviceable area designated for refuse collection.
!t These zoning districts will be provided with refuse collection
by means of canisters. The designated areas shall consist of an
area of twenty (20) square feet having dimensions of four feet
(41) by five feet (5'). A cement slab shall be provided to
facilitate placement of the canister. The canister will have a
privacy enclosure on three (3) sides.
Multiple -family dwellings (five
by canisters at a ratio of one
(12) dwelling units.
or more units) shall be served
(1) canister for every twelve
Refuse collection areas shall be designated on the site plan and
approved by the Building Inspector and Garbage Collection Agency.
SECTION XIV
PARKING SPACE FOR VEHICLES
I. GENERAL INTENT AND APPLICATION:
It is the intent of these regulations that adequate parking faci-
lities be provided off the street for each land use activity's
n particular needs. The basis of the regulations which follow is
I! the parking demand created by each land use activity. These
parking regulations apply to all zoning districts unless other-
wise specified.
A. A single family dwelling, in all Districts shall provide on
each lot, two (2) vehicle parking spaces.
Each space shall be enclosed, or unenclosed, sufficient in
size to store one automobile together with a driveway
connecting the parking space with a street or alley and per-
mitting ingress or egress of an automobile. Said driveway
may be a single driveway for both parking spaces.
For purposes of this ordinance, the size of a parking space
for one vehicle consists of a rectangular area having dimen-
sions of not less than ten (101) feet by sixteen (161) feet
plus adequate area for ingress or egress.
Such parking spaces and driveways must be paved with a
sealed surface pavement or maintained in such a manner that
no dust will be produced.
B. For two-four family dwellings in the R-2, RR=3, and, B-3,
Districts two (2) parking spaces shall be provided and main-
tained on the lot for each dwelling unit in the building.
Each space shall be enclosed, or unenclosed, sufficient in
size to store one automobile together with a driveway con-
necting the parking space with a street or alley and per-
mitting ingress or egress of an automobile. For purposes of
this ordinance, the size of a parking space for one (1)
vehicle consists of a rectangular area having dimensions of
not less than ten (101) feet by sixteen (161) feet plus ade-
quate area for ingress or egress.
No parking will be allowed in the front or side yard area.
Driveways will be permitted in the front yard areas only.
Such parking spaces and driveways must be paved with a sealed
surface pavement or maintained in such a manner that no dust
will be produced.
C. For multiple family dwellings, five or more units, in the R-3
District two (2) parking spaces shall be provided and main-
tained on the lot for each dwelling unit in the building.
Each space shall be enclosed, or unenclosed, sufficient in
size to store one automobile together with a driveway con-
necting the parking space with a street or alley and per-
mitting ingress or egress of an automobile. For purposes of
this ordinance, the size of a parking space for one (1)
vehicle consists of a rectangular area having dimensions of
not less than ten (10') feet by sixteen (161) feet plus ade-
quate area for ingress and egress.
Such parking spaces and driveways must be paved with a sealed
surface pavement or maintained in such a manner that no dust
will be produced.
D. For each permissable use hereinafter stated or implied in all
other districts, unless served by parking meters there shall
be provided on the property or on a site within three hundred
(3001) feet from the principal use property a parking space
for each motor vehicle in accordance with the following use
classification:
1. AUTOMOBILE SALES AND SERVICE:
PARKING REQUIREMENT: One parking space for each 200
square feet of floor area exclusive of storage and ser-
vice area. Service area shall have one space per ser-
vice bay.
Auto Painting and Body Repair
New or Used Car Lot - Open
Public Garage
Service Station
Seat Cover or Muffler Installation Shop
Trailer or Mobile Home Display & Sales
Truck Terminal
2. COMMERCIAL RECREATION:
PARKING REQUIREMENT: One parking space for each 125
square feet of floor area.
Commercial Amusement - Indoor
Country Club
Dancing Studio
3. BUSINESS SERVICE:
PARKING REQUIREMENT: One parking space for each 200
square feet of floor area.
Bank
Office - Public or Private Utility
Office or Professional Building
n 4. GENERAL SERVICE WITH NO RETAIL:
!f I1 PARKING REQUIREMENT: One parking space for each 100
square feet of floor area used §y the public, plus one
parking space for each (300) square feet of additional
floor area.
Cabinet and Upholstery Shop
Drapery, Needlework, or Weaving Shop
Dry Cleaning and Pressing
Furniture and Appliance Repair and Storage
Job Printing
Newspaper Printing
Plumbing Shop
Studio for Radio and Television
5. FOOD SALES AND SERVICE:
PARKING REQUIREMENT: One parking space for each 200
square feet of floor area.
Bakery and Confectionery
Grocery Store
Restaurant
Restaurant - Drive -In
6. CHILD CARE FACILITY:
PARKING REQUIREMENT: Three parking spaces plus one
additional parking space for every four supervised
children based on maximum number of children allowed in
facility.
Group Day Care Home - 7 to 12 Children
Registered Family Home - 6 + 6 Children
7. DAY CARE CENTERS - PRIVATE KINDERGARTENS:
100
PARKING REQUIREMENT: One parking space for each 150
square feet of floor area. An off-street drive shall
be provided on the premises to be used only for pick-up
and delivery of children. Such drive shall have one-way
Traffic only and shall have a minimum width of 15' feet.
Such drive shall also have signs or markings to designate ii
purpose.
B. CHURCHES, THEATERS, BASEBALL PARKS, STADIUMS, ATHLETIC
FIELDS•
PARKING REQUIREMENTS: One space for each four seats in
the auditorium, assembly area or reviewing stands.
9. PERSONAL SERVICES:
PARKING REQUIREMENT: One parking space for each 150 square
feet of floor area used j�y the public or two parking spaces
for each beauty or barber chair.
Barber Shop
Beauty Shop
Studio for Photographer, Musician, Artist, Etc.
10. GENERAL RETAIL:
PARKING REQUIREMENT: One parking space for each 200
square feet of floor area (exclusive of designated
storage areas).
Antique Shop
Auto Parts Sales (Within Building)
Discount, Variety, or Department Store
Drug Store
Feed Store
Furniture or Appliance Store
Florist or Garden Shop
Haberdasher
Handcraft Shop
Incidental Retail & Service Uses (Barber, Candy, Etc.)
Machinery Sales & Storage
News Dealer
Plumbing Supply Shop
Paint Shop
Pawn Shop
Pet Shop (Small Animals Within Building)
Retail Shops & Stores Other Than Listed
Stationery Shop
Trailer Rental
Tool and Equipment Rental Shop
12. SCHOOLS -PUBLIC, PRIVATE, PAROCHIAL, COLLEGE OR UNIVERSITY:
PARKING REQUIREMENT:
a. Elementary and Middle Schools:
One parking space for each 650 square feet of floor
area.
An off-street drive shall be provided on the premi-
ses to be used only for the pick-up and delivery of
children.
Such drive shall have one-way traffic only and be of
sufficient width to accomodate buses, but shall not
be less than (151) in width. Such drives shall have
signs or markings to designate its purpose.
b. High Schools:
One parking space for each 150 square feet of floor
area.
101
An off-street drive shall be provided as stated in
elementary and middle school specifications.
c. College or University:
One parking space for each 150 square feet of floor
area.
d. Dormatory:
One parking space for each student which the dor-
matory is capable of housing.
e. Gymnasiums, Athletic Fields and Stadiums:
I i
One parking space for each four seats.
13. HOTELS, MOTELS, ROOMING HOUSE, BOARDING HOUSE:
PARKING REQUIREMENT: One parking space for each sleeping
room.
14. MORTUARY OR UNDERTAKING ESTABLISHMENT:
PARKING REQUIREMENT: One space for each four seats in
chapel.
15. HOSPITALS
PARKING REQUIREMENT: One parking space for each two
patient beds exclusive of bassinets.
16. MEDICAL OR DENTAL CLINICS OR VETERINARY CLINICS (INSIDE):
PARKING REQUIREMENT: Ten parking spaces per doctor in
clinic.
17. CONVALESCENT, REST, NURSING, OR EXTENDED CARE FACILITY:
1 PARKING REQUIREMENT: One parking space for each four
patient beds.
18. SELF-SERVICE LAUNDRY:
PARKING REQUIREMENT: One parking space for each three
washing machines.
19. PRIVATE CLUB - ON PREMISES CONSUMPTION:
PARKING REQUIREMENT: One parking space for each 50
square feet of floor area.
20. FRATERNAL LODGE OR SERVICE ORGANIZATION:
PARKING REQUIREMENT: One parking space for each 100
square feet of floor area used for assembly or recreation
in the building.
21. BUILDING MATERIAL SALES:
PARKING REQUIREMENT: One parking space for each 200
square feet of floor area (exclusive of designated
storage areas)
22. AUTO WRECKING OR SALVAGE YARD:
PARKING REQUIREMENT: One parking space for each 200
square feet of floor area. Wrecking and Salvage Areas
shall be surrounded by a privacy fence having a minimum
height of ten feet.
23. COMMERCIAL AMUSEMENT - OUTDOOR, FAIRGROUNDS,EXHIBITION
AREAS AND AMUSEMENT PARKS:
102
PARKING REQUIREMENTS: One Parking space for each four
seats for public use, plus one space for each 100 square
feet of floor or ground area used for amusement or
assembly but not containing fixed seats.
24. GOLF COURSE:
PARKING REQUIREMENT: Four parking spaces for each hole
on the coarse.
25. BOTTLING WORKS - WHOLESALE, CLEANING AND DYING PLANT,
TIRE RETREADING AND RECAPPING, SCIENTIFIC AND RESEARCH
PARKING REQUIREMENT: One space for each 2 employees at
maximum employment on a single shift, or one space per
300 square feet of floor area (exclusive of designated
storage areas), whichever is greater.
26. CONTRACTOR SHOP AND STORAGE YARD, STORAGE OR WHOLESALE
WAREHOUSE, TRANSFER, STORAGE AND BAGGAGE TERMINAL:
PARKING REQUIREMENT: A minimum of 5 parking spaces shall
be provided, plus one additional parking space for each 2
_employees at maximum employment on a single shift.
27. OTHER:
In the case of any building or premises the use of which
is not specifically mentioned herein, the parking space
provisions for a similar use listed in this Section shall
apply. If no similar use is listed the Planning & Zoning
Commission shall determine the parking space requirements
for said use.
E. PARKING SPACE REQUIREMENTS SHALL BE AS FOLLOWS:
1. Straight -In parking spaces shall have dimensions of not
less than nine & one-half (91/21) feet in width by eighteen
feet (181) in length.
2. Angle parking spaces shall have dimensions of not less
than nine (91) feet in width by eighteen (181) feet in
length. Such spaces shall have an angle of no less than
fifty (50) degrees nor more than sixty (60) degrees.
Angles shall be measured from the curb or line with which
the stripes intersect.
3. Parallel parking spaces shall have dimensions of not less
than ten (101) feet in width by eighteen (181) feet in
length.
4. Parking spaces and driveways must be paved with a sealed
surface pavement and/or maintained in such a manner that
no dust will be produced.
F. ALL PARKING SPACES shall be provided with the following
areas for ingress and egress:
1. Straight -In spaces: Thirty (301) feet.
2. Angle and Parallel spaces: Twenty-five (251) feet
G. JOINT PARKING FACILITIES:
Whenever two (2) or more uses are located together in a com-
mon building, shopping center, or other integrated building
complex, the parking requirements may be complied with by
providing a permanent common parking facility cooperatively
established and operated, which contains the required number
of spaces for each use. The total number of spaces provided
cannot be less than the sum of the individual requirements.
103
Spaces provided for permanent residents of dwellings must
be clearly designated and separated from spaces provided
for employees, customers, and service.
H. ILLUSTRATIONS:
SECTION XV
SIGN REGULATIONS
I. GENERAL INTENT AND APPLICATION
n It is the intent of these regulations to provide uniform sign
standards which promote a positive City image reflecting order
and harmony in all zoning districts. Objectives to be pursued
in applying standards are as follows:
A. To identify individual business, residential, and public
uses without creating confusion, unsightliness, or visual
obscurity of adjacent businesses.
B. To assure that all signs in terms of size, scale, height,
and location are properly related to the overall adjacent
land use character and development lot size.
C. To assure that all signs, in terms of color, form, material
and design are compatible with other structural forms on the
development lots.
D. To assure that off -premise advertising is compatible with
adjacent land uses and does not obscure views of adjacent
on -premise signs.
E. To assure that all signs, sign supports and sign bases shall
be so constructed and designed to provide for design com-
patibility with the development. Where possible, the
materials used, the form, color, lighting and style should
be similar to the materials used in the development.
II. GENERAL PROVISIONS
A. All signs shall pertain only to the identification of the
occupant/business/name, primary uses and/or primary services
provided or primary products sold on the premises, except
for billboards, governmental, or community service signs as
provided.
B. All signs shall meet the requirements of all applicable
codes and ordinances pertaining to sign construction of the
City of Stephenville and the Uniform Sign Code.
C. Except as herein provided, no person or business firm,
acting either as principal or agent, shall alter the copy
face or lettering of any sign, except for signs with tem-
porary messages made from interchangeable characters attached
to tracks or grooves on the sign board, either by changing
the message or by renovating an existing message or shall
erect any sign or sign structure until a sign permit for
such work has been issued by the Building Inspector to a
contractor or the owner of occupant of the premises where
the work is to be done.
D. Not more than two sides of a sign structure may be used for
display.
E. No sign, sign structure, or sign support shall project over
any property line, except that a sign placed flat against
the wall of a building, which is on the property line may
project eighteen (180) inches over the property line.
F. Trees, rocks, bridges, fences, windmill towers and dilapi-
dated buildings shall not be used as sign supports.
104
G. All building locations shall be identified by a street
address sign which is clearly visible from the street.
H. Signs with flashing, blinking or traveling lights shall have
light bulbs which do not exceed thirty-five (35) watts each.
I. In the event that more than one sign -related definition
applies to a non -prohibited proposed sign, resulting in
conflicting regulations thereon, the sign applicant may
choose the definition that is to apply, with qualification
that any regulations related to that definition must be
adopted. Where the proposed sign is of a type that is pro-
hibited, it shall remain prohibited notwithstanding that it
may also come within the definition of an approved type of
sign.
J. In the event a portable sign is used as a free standing sign
in the R-3, B-1, B-2, B-3, B-4, or I Districts, said sign
shall be permanently attached to the ground to prevent move-
ment by wind or other means.
III. PROHIBITED SIGNS
The following signs shall be prohibited in all Districts:
A. Any signs and supports, other than those signs and supports
required by governmental authority, which are located on the
public right-of-way, including on public streets, alleys and
parkways. This section shall not apply to signs on commer-
cial vehicles or commercial trailers lawfully operated or
parked in such areas, except that this exception shall not
otherwise be used to legitimate the use of advertising
vehicles and trailers prohibited in Section V following or
portable or wheeled signs prohibited in Section III-G
following.
B. Banners, pennants, search lights, twirling signs or "A"
frame signs, sidewalk or curb signs, balloons or other gas
filled objects. (Except banners, pennants, and search
lights may be permitted for a period not to exceed thirty
(30) days for special events).
C. Flags of any nation, state or political subdivision or one
flag which shows an emblem or logo of a Firm or Corporation
will be permitted provided all other regulations of Section
XV are met.
D. Any signs which resemble an official traffic sign or signal
of which bear the words "Stop", "Go Slow", "Caution",
"Danger", "Warning", or similar words.
E. Signs which, by reason of their size, location, movement,
content, coloring, or manner of illumination, may be con-
fused with or construed as a traffic control sign, signal or
device, or the light of an emergency or road equipment
vehicle, or which hide from view any traffic or street sign
or signal or device.
F. Wheeled signs.
G. Any sign which emits sound, odor or visible matter which
serve as a distraction to persons within the public
right-of-way.
IV. ABANDONED OR DAMAGED SIGNS
A. All abandoned signs and their supports shall be removed
within ninety (90) days from the date of abandonment. All
damaged signs shall be repaired or removed within ninety
(90) days. The Building Inspector shall have the authority
to grant a time extension not exceeding an additional ninety
(90) days for an abandoned, non -damaged sign.
105
B. Should the responsible party or parties, after due notice,
fail to correct a violation of this section, the Building
Inspector shall cause such signs and their supports to be
demolished and removed. If such sign cannot be demolished
because it is painted on a building or other non -sign struc-
ture, such sign shall be painted over or removed by sand-
blasting. The Building Inspector shall also file against
the property a lien in the amount of the cost of all such
work.
V. PARKING OF ADVERTISING VEHICLES
No person shall park an advertising vehicle or trailer on a
I public right-of-way, on public property, or on private property
so as to be visible from a public right-of-way.
VI. NON -CONFORMING SIGNS
All signs which do not conform to the provisions of this ordi-
nance and are in existance on the effective date of this ordi-
nance, shall be permitted to remain for a time period not
exceeding five (5) years from the effective date of this
ordinance provided the owners of such non -conforming signs shall
register such signs in writing in the office of the Building
Inspector within one hundred eighty days (180) after passage of
this ordinance.
VII. SIGN REGULATIONS R-1 AND R-2 DISTRICTS
The following regulations shall apply in the "R-l" and "R-2"
Districts:
A. One (1) unlighted sign, which shall not exceed one (1)
square foot in area, indicating the name of the occupant
shall be permitted, provided the sign is attached to the
face of the wall with no open space between the sign and the
wall.
B. One (1) sign, which shall not exceed eighteen (18) square
feet, for church or school shall be permitted.
C. One (1) unlighted sign which shall not exceed ten (10)
square feet in area on each lot pertaining to the prospec-
tive lease, sale or rental of the building or premises on
which it is located, provided the sign is immediately
removed upon the lease, sale or rental of such building or
premises.
D. Primary Uses - Signs shall be specifically described and
indicated on the site plan. The sign requirement for each
use shall not be less restrictive than those of the respec-
tive district in which the use is otherwise permitted.
E. Special Exception Uses: Sign requirements for all special
exceptions shall be set by the Board of Adjustment, and in
no case shall the requirements exceed the requirements for
that use or similar type uses in the district in which the
use is ordinarily permitted.
LOCATION FOR YARD SIGN R-1 AND R-2 DISTRICTS - ONE SIGN PER LOT
106
VIII. SIGN REGULATIONS R-3 DISTRICT
The following regulations shall apply in the "R-3" District:
A. R-1 and R-2 uses shall meet the requirements of their
respective Districts as outlined in Section 7.
B. Primary identification signs, each having an area not
exceeding ten (10) percent of the area of one (1) wall or
five (5) percent of the area of two (2) walls, where appli-
cable, or fifty (50) square feet, whichever is less.
C. One (1) free-standing sign indentifying the name of the
development shall be permitted. Such sign area shall not
exceed fifty (50) square feet. Overall sign height shall
not exceed twenty-five (251) feet. Sign setbacks shall be a
minimum of ten (101) feet from the property line.
D. Informational type signs, each not exceeding ten (10) square
feet in area per building.
E. All signs shall be placed flat against the wall of a
building and shall not extend above the front wall or side
wall of the building.
F. All signs, except for the informational signs, shall iden-
tify the development by name and address only. Signs may be
back lighted, indirect lighted, internal lighted, or lighted
by spots.
G. Primary Uses - Sign shall be specifically described and
indicated on the site plan. The sign requirement for each
use shall not be less restrictive than those of the respec-
tive district in which the use is otherwise first permitted.
H. Special Exceptions Uses: Sign requirements for all special
exceptions shall be set by the Board of Adjustment, and in
no case shall the requirements exceed the requirements for
that use or similar type uses in the district in which the
use is ordinarily permitted.
IX. SIGN REGULATIONS B-1 DISTRICT
The following regulations shall apply in the "B-l" District:
A. Auxiliary Signs
Auxiliary signs not exceeding ten (10) square feet in total
area per building may be placed in a window or flat against
the wall of a building. Free-standing auxiliary signs of
not more than two and one-half (21/2) feet in height and three
(3) square feet in area are permitted on private property if
limited to traffic direction or parking direction.
Auxiliary sign area shall not be counted against total per-
mitted sign area.
B. CANOPY SIGNS
Canopy signs shall be counted as a part of and limited to
the percentage allowable for wall signs. Canopy signs may
not exceed twenty (201) feet in height.
1. Signs on Front Side of Building Canopy, Excluding
Detached Accessory Island Canopy With or without
Enclosed Booth.
Signs placed on the front side of a building canopy
shall not project beyond the width of that canopy, more
than six (61) feet above the top of the canopy, or more
than three (31) feet above the building roof line. For
the purposes of this Section the front side of a canopy
shall be any side parallel to, or more parallel than per-
pendicular to, the building wall on which the canopy is
attached.
107
2. Signs on Lateral Side of Building Canopy Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the lateral side of a building canopy
shall project neither beyond the width of that canopy
side nor more than two (21) feet above the canopy roof
line, except that the vertical dimension of said signs
shall not exceed three (31) feet. For the purposes of
this Section the lateral side of a canopy shall be any
side perpendicular to or more perpendicular than
parallel to, the building wall on which the canopy is
attached.
3. Signs on Roof of Building Canopy Excluding Detached
Accessory Island Canopy With or Without Enclosed Booth.
Signs placed on the roof of a building canopy and which
are parallel to, or more nearly parallel to than perpen-
dicular to, the front side of the canopy shall be regu-
lated in Section IX-B-1 above. Signs placed on the roof
of a building canopy and which are parallel to, or more
nearly parallel to than perpendicular to, a lateral side
of a canopy shall be regulated in Section IX-B-2 above.
4. Signs Under Building Canopy Excluding Detached Accessory
Island Canopy With or Without Enclosed Booth.
Signs may be attached to and suspended from the under-
side of building canopies with the following restric-
tions:
a). Not more than one such sign is permitted per business.
b). Such sign must identify only the store's name and
address.
c). Such sign must have an area not exceeding four (4)
square feet.
d). The bottom edge of such sign shall be no less than
seven (71) feet above grade.
e). Such a sign may be placed perpendicular to the
front wall of the building except that nothing in
this Section shall supercede Section II-E herein.
5. Signs Placed on Free -Standing Canopy or Detached
Accessory Island Canopy.
Signs may be located any place on a canopy that is not
attached to a building except that such signs shall not
project beyond the width of that canopy, more than two
(21) feet above that canopy or more than one (11) foot
below that canopy.
C. FREE-STANDING SIGNS
One free-standing sign for each free-standing building in
the "B-l" District shall be permitted meeting the following
requirements:
1. AREA
The area of such sign shall not exceed an amount equal
to 0.40 square feet per front foot of the lot. Such
sign area shall not exceed two hundred and fifty (250)
square feet.
2. HEIGHT
For lots with frontage of 0'-991, overall sign height
shall not exceed five (51) feet; Lots exceeding 99' of
lot frontage, the overall sign height shall not exceed
(5') feet, plus one (11) foot of sign height for each
twenty (201) feet of lot frontage. In no case shall
sign height exceed twenty-five (251) feet.
3. SETBACK
Sign setbacks shall be a minimum of ten (10') feet from
property line.
k
4. SPACING
Free-standing signs shall not be placed closer to a side
lot line than a distance equal to 1/4 of the lot frontage.
D. WALL SIGNS
Advertising signs, when the same are attached to a building
and advertise only business name, services, articles, or
products which are offered within the building to which such
sign is attached, shall be permitted, provided that such
signs shall not extend more than three (31) feet vertically
above the outside walls of such buildings, nor more than two
(21) feet perpendicular from the face of the walls of such
building. Not more than ten (10%) percent of any wall shall
be used for such signs, except when free-standing signs are
allowed, but not used, this may be increased to not more
than fifteen (15%) percent of said wall.
109
E. PRIMARY USES
Sign shall be specifically described and indicated on the
site plan. The sign requirement for each use shall not be
less restrictive than those of the respective district in
which the use is otherwise first permitted.
F. SPECIAL EXCEPTION USES
Sign requirements for all special exceptions shall be set by
the Board of Adjustment, and in no case shall the require-
ments exceed the requirements for that use or similar type
uses in the district in which the use is ordinarily permitted.
X. SIGN REGULATIONS B-2 DISTRICT
The following regulations shall apply in the "B-2" District:
A. AUXILIARY SIGNS
Auxiliary signs not exceeding ten (10) square feet in total
area per building may be placed in a window or flat against
the wall of a building. Free-standing auxiliary signs of
not more than two and one-half (21/2) feet in height and three
(3) square feet in area are permitted on private property if
limited to traffic direction or parking direction.
Auxiliary sign area shall not be counted against total per-
mitted sign area.
B. CANOPY SIGNS
Canopy signs shall be counted as a part of and limited to
the percentage allowable for wall signs. Canopy signs may
not exceed twenty (201) feet in height.
1. Signs on Front Side of Building Canopy, Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the front side of a building canopy
shall not project beyond the width of that canopy, more
than six (61) feet above the top of the canopy, or more
than three (31) feet above the building roof line. For
the purposes of this Section the front side of a canopy
shall be any side parallel to, or more parallel than per-
pendicular to, the building wall on which the canopy is
attached.
2. Signs on Lateral Side of Building Canopy Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the lateral side of a building canopy
shall project neither beyond the width of that canopy
side nor more than two (21) feet above the canopy roof
line, except that the vertical dimension of said signs
shall not exceed three (31) feet. For the purposes of
this Section the lateral side of a canopy shall be any
side perpendicular to or more perpendicular than
parallel to, the building wall on which the canopy is
attached.
3. Signs on Roof of Building Canopy Excluding Detached
Accessory Island Canopy With or Without Enclosed Booth.
Signs place on the roof of a building canopy and which
are parallel to, or more nearly parallel to than perpen-
dicular to, the front side of the canopy shall be regu-
lated in Section X-B-1 above. Signs placed on the roof
of a building canopy and which are parallel to, or more
nearly parallel to than perpendicular to, a lateral side
of a canopy shall be regulated in Section X-B-2 above.
4. Signs Under Building Canopy Excluding Detached Accessory
Island Canopy With or Without Enclosed Booth.
Signs may be attached to and suspended from the under-
110
side of building canopies with the following restric-
tions:
a). Not more than one such sign is permitted per business.
b). Such sign must identify only the store's name and
address.
c). Such sign must have an area not exceeding four (4)
square feet
d). The bottom edge of such sign shall be no less than
seven (7') feet above grade.
e). Such a sign may be placed perpendicular to the
front wall of the building except that nothing in
this Section shall supercede Section II-E herein.
�j 5. Signs Placed on Free -Standing Canopy or Detached
! Accessory Island Canopy.
Signs may be located any place on a canopy that is not
attached to a building (except for gasoline pump islands
which have a booth) except that such signs shall not
project beyond the width of that canopy, more than two
(2') feet above that canopy or more than one (11) foot
below that canopy.
C. FREE-STANDING SIGNS
one (1) free-standing sign for each free-standing building
in the "B-2" District shall be permitted meeting the
following requirements:
1. AREA
The area of each sign shall not exceed an amount equal to
0.40 square feet per front foot of the lot. Such sign
area shall not exceed two hundred and fifty (250) square
feet.
2. HEIGHT
For lots with frontage of 0'-991, sign height shall not
exceed twenty (20) feet. Lots exceeding 99' of lot
frontage, the sign height shall not exceed twenty (20)
feet, plus one (1) foot of sign height for each forty
(40) feet of lot frontage. In no case shall sign height
exceed thirty-five (35) feet.
3. SETBACK
Sign setbacks shall be a minimum of ten (101) feet from
property line or fifty one -hundredth (0.50) foot for
each foot of sign height, whichever is greater.
SPACING
Free-standing signs shall not be placed closer to a side lot
line than a distance equal to 1/4 of the lot frontage.
D. WALL SIGNS
Advertising signs, when the same are attached to a building
and advertise only business name, services, articles, or
products which are offered within the building to which such
^ sign is attached, shall be permitted, provided that such
signs shall not extend more than three (31) feet vertically
above the outside walls of such buildings, nor more than two
(21) feet perpendicular from the face of the walls of such
building. Not more than ten (10%) percent of any wall shall
be used for such signs, except when free-standing signs are
allowed, but not used, this may be increased to not more
than fifteen (15%) percent of said wall.
E. PRIMARY USES
Sign shall be specifically described and indicated on the
site plan. The sign requirement for each use shall not be
ill
less restrictive than those of the respective district in
which the use is otherwise first permitted.
F. SPECIAL EXCEPTION USES
Sign requirements for all special exceptions shall be set by
the Board of Adjustment, and in no case shall the require-
ments exceed the requirements for that use or similar type
uses in the district in which the use is ordinarily permitted.
XI. SIGN REGULATIONS B-3 DISTRICT
The following regulations shall apply in the "B-3" District:
!{, A. AUXILIARY SIGNS
Auxiliary signs not exceeding ten (10) square feet in total
area per building may be placed in a window or flat against
the wall of a building. Free-standing auxiliary signs of
not more than two and one-half (21/2) feet in height and three
(3) square feet in area are permitted on private property if
limited to traffic direction or parking direction.
Auxiliary sign area shall not be counted against total per-
mitted sign area.
B. CANOPY SIGNS
Canopy signs shall be counted as a part of and limited to
the percentage allowable for wall signs. Canopy signs may
not exceed twenty (20') feet in height.
1. Signs on Front Side of Building Canopy, Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the front side of a building canopy
shall not project beyond the width of that canopy, more
than six W ) feet above the top of the canopy, or more
than three (31) feet above the building roof line. For
the purposes of this Section the front side of a canopy
shall be any side parallel to, or more parallel than per-
pendicular to, the building wall on which the canopy is
attached.
2. Signs on Lateral Side of Building Canopy Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the lateral side of a building canopy
shall project neither beyond the width of that canopy
side nor more than two (21) feet above the canopy roof
line, except that the vertical dimension of said signs
shall not exceed three (31) feet. For the purposes of
this Section the lateral side of a canopy shall be any
side perpendicular to or more perpendicular than
parallel to, the building wall on which the canopy is
attached.
3. Signs on Roof of Building Canopy Excluding Detached
Accessory Island Canopy With or Without Enclosed Booth.
Signs place on the roof of a building canopy and which
are parallel to, or more nearly parallel to than perpen-
dicular to, the front side of the canopy shall be regu-
lated in Section XI-B-1 above. Signs placed on the roof
of a building canopy and which are parallel to, or more
nearly parallel to than perpendicular to, a lateral side
of a canopy shall be regulated in Section XI-B-2 above.
4. Signs Under Building Canopy Excluding Detached Accessory
Island Canopy With or Without Enclosed Booth.
Signs may be attached to and suspended from the under-
side of building canopies with the following restric-
tions:
a). Not more than one such sign is permitted per business.
b). Such sign must identify only the store's name and
112
address.
c). Such sign must have an area not exceeding four (4)
square feet.
d). The bottom edge of such sign shall be no less than
seven (71) feet above grade.
e). Such a sign may be placed perpendicular to the
front wall of the building except that nothing in
this Section shall supercede Section II-E herein.
5. Signs Placed on Free -Standing Canopy or Detached
Accessory Island Canopy.
Signs may be located any place on a canopy that is not
attached to a building (except for gasoline pump islands
which have a booth) except that such signs shall not
project beyond the width of that canopy, more than two
(21) feet above that canopy or more than one (11) foot
below that canopy.
C. FREE-STANDING SIGNS
One (1) free-standing sign for each free-standing building
in the "B-3" District shall be permitted meeting the
following requirements:
1. AREA
The area of each sign shall not exceed an amount equal to
0.40 square feet per front foot of the lot. Such sign
area shall not exceed two hundred and fifty (250) square
feet.
2. HEIGHT
For lots with frontage of 0'-991, sign height shall not
exceed twenty (20) feet. Lots exceeding 99' of lot
frontage, the sign height shall not exceed twenty (20)
feet, plus one (1) foot of sign height for each forty
(40) feet of lot frontage. In no case shall sign height
exceed thirty-five (35) feet.
3. SETBACK
Sign setbacks shall be a minimum of ten (101) feet from
property line or fifty one -hundredth (0.50) foot for
each foot of sign height, whichever is greater.
SPACING
Free-standing signs shall not be placed closer to a side lot
line than a distance equal to 1/4 of the lot frontage.
D. WALL SIGNS
Advertising signs, when the same are attached to a building
and advertise business name, services, articles, or products
which are offered within the building to which such sign is
attached, shall be permitted, provided that such signs shall
not extend more than three (31) feet vertically above the
outside walls of such buildings, nor more than two (2') feet
perpendicular from the face of the walls of such building.
Not more than ten (10%) percent of any wall shall be used
for such signs, except when free-standing signs are allowed,
but not used, this may be increased to not more than fifteen
(15%) percent of said wall.
E. PRIMARY USES
Sign shall be specifically described and indicated on the
site plan. The sign requirement for each use shall not be
less restrictive than those of the respective district in
which the use is otherwise first permitted.
F. SPECIAL EXCEPTION USES
113
Sign requirements for all special exceptions shall be set by
the Board of Adjustment, and in no case shall the require-
ments exceed the requirements for that use or similar type
uses in the district in which the use is ordinarily permitted.
XII. SIGN REGULATIONS B-4 DISTRICT
The following regulations shall apply in the "B-4" District:
A. AUXILIARY SIGNS
Auxiliary signs not exceeding ten (10) square feet in total
n area per building may be placed in a window or flat against
i the wall of a building. Free-standing auxiliary signs of
{ not more than two and one-half (21/2) feet in height and three
(3) square feet in area are permitted on private property if
limited to traffic direction or parking direction.
Auxiliary sign area shall not be counted against total per-
mitted sign area.
B. CANOPY SIGNS
Canopy signs shall be counted as a part of and limited to
the percentage allowable for wall signs. Canopy signs may
not exceed twenty (20') feet in height.
1. Signs on Front Side of Building Canopy, Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the front side of a building canopy
shall not project beyond the width of that canopy, more
than six (61) feet above the top of the canopy, or more
than three (31) feet above the building roof line. For
the purposes of this Section the front side of a canopy
shall be any side parallel to, or more parallel than per-
pendicular to, the building wall on which the canopy is
attached.
2. Signs on Lateral Side of Building Canopy Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the lateral side of a building canopy
shall project neither beyond the width of that canopy
side nor more than two (21) feet above the canopy roof
line, except that the vertical dimension of said signs
shall not exceed three (31) feet. For the purposes of
this Section the lateral side of a canopy shall be any
side perpendicular to or more perpendicular than
parallel to, the building wall on which the canopy is
attached.
3. Signs on Roof of Building Canopy Excluding Detached
Accessory Island Canopy With or Without Enclosed Booth.
Signs placed on the roof of a building canopy and which
are parallel to, or more nearly parallel to than perpen-
dicular to, the front side of the canopy shall be regu-
lated in Section XII-B-1 above. Signs placed on the
roof of a building canopy and which are parallel to, or
more nearly parallel to than perpendicular to, a lateral
side of a canopy shall be regulated in Section XII-B-2
above.
4. Signs Under Building Canopy Excluding Detached Accessory
Island Canopy With or Without Enclosed Booth.
Signs may be attached to and suspended from the under-
side of building canopies with the following restric-
tions:
a). Not more than one such sign is permitted per business.
b). Such sign must identify only the store's name and
address.
c). Such sign must have an area not exceeding four (4)
square feet
d). The bottom edge of such sign shall be no less than
114
seven (71) feet above grade.
e). Such a sign may be placed perpendicular to the
front wall of the building except that nothing in
this Section shall supercede Section II-E herein.
5. Signs Placed on Free -Standing Canopy or Detached
Accessory Island Canopy.
Signs may be located any place on a canopy that is not
attached to a building (except for gasoline pump islands
which have a booth) except that such signs shall not
project beyond the width of that canopy, more than two
(21) feet above that canopy or more than one (11) foot
below that canopy.
C. FREE-STANDING SIGNS
One (1) free-standing sign for each free-standing building
in the "B-3" District shall be permitted meeting the
following requirements:
1. AREA
The area of each sign shall not exceed an amount equal to
0.40 square feet per front foot of the lot. Such sign
area shall not exceed two hundred and fifty (250) square
feet.
2. HEIGHT
For lots with frontage of 0'-991, sign height shall not
exceed twenty (20) feet. Lots exceeding 99' of lot
frontage, the sign height shall not exceed twenty (20)
feet, plus one (1) foot of sign height for each forty
(40) feet of lot frontage. In no case shall sign height
exceed thirty-five (35) feet.
3. SETBACK
Sign setbacks shall be a minimum of ten (10') feet from
property line or fifty one -hundredth (0.50) foot for
each foot of sign height, whichever is greater.
SPACING
Free-standing signs shall not be placed closer to a side lot
line than a distance equal to 1/4 of the lot frontage.
D. WALL SIGNS
Advertising signs, when the same are attached to a building
and advertise business name, services, articles, or products
which are offered within the building to which such sign is
attached, shall be permitted, provided that such signs shall
not extend more than three (31) feet vertically above the
outside walls of such buildings, nor more than two (21) feet
perpendicular from the face of the walls of such building.
Not more than ten (10%) percent of any wall shall be used
for such signs, except when free-standing signs are allowed,
but not used, this may be increased to not more than fifteen
(15%) percent of said wall.
7i E. PRIMARY USES
Sign shall be specifically described and indicated on the
site plan. The sign requirement for each use shall not be
less restrictive than those of the respective district in
which the use is otherwise first permitted.
F. SPECIAL EXCEPTION USES
Sign requirements for all special exceptions shall be set by
the Board of Adjustment, and in no case shall the require-
115
ments exceed the requirements for that use or similar type
uses in the district in which the use is ordinarily permitted.
XIII. SIGN REGULATIONS - I DISTRICT
The following regulations shall apply in the "I" District:
A. AUXILIARY SIGNS
Auxiliary signs not exceeding ten (10) square feet in total
area per building may be placed in a window or flat against
the wall of a building. Free-standing auxiliary signs of
not more than two and one-half (21/2) feet in height and three
(3) square feet in area are permitted on private property if
1 limited to traffic direction or parking direction.
Auxiliary sign area shall not be counted against total per-
mitted sign area.
B. BILLBOARDS (Poster panels or bulletins, multi -prism signs,
or painted or printed bulletins).
Outdoor advertising signs of this type shall be permitted in
the "I" District, subject to the following conditions:
1. Billboards shall be constructed to meet the construction
standards as established in the City of Stephenville
Building Code or any other applicable code or ordinance.
2. Billboards shall be a minimum of eighty (80) feet from
any residentially zoned property line.
3. The maximum area of any billboard shall be three hundred
(300) square feet.
4. There shall be a minimum separation of three hundred
(3001) feet between all billboards on the same side of a
street.
5. Billboards shall have a setback of not less than fifty
(501) feet from the right of way.
6. Billboards shall have a maximum height of thirty-five
(351) feet.
7. All lighting of billboards shall be so shielded as not
to produce intensive or excessive light or glare on
adjacent property.
C. CANOPY SIGNS
Canopy signs shall be counted as a part of and limited to
the percentage allowable for wall signs. Canopy signs may
not exceed twenty (201) feet in height.
1. Signs on Front Side of Building Canopy, Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the front side of a building canopy
shall not project beyond the width of that canopy, more
than six (61) feet above the top of the canopy, or more
than three (31) feet above the building roof line. For
the purposes of this Section the front side of a canopy
shall be any side parallel to, or more parallel than per-
pendicular to, the building wall on which the canopy is
attached.
2. Signs on Lateral Side of Building Canopy Excluding
Detached Accessory Island Canopy With or Without
Enclosed Booth.
Signs placed on the lateral side of a building canopy
shall project neither beyond the width of that canopy
side nor more than two (21) feet above the canopy roof
line, except that the vertical dimension of said signs
116
shall not exceed three (31) feet. For the purposes of
this Section the lateral side of a canopy shall be any
side perpendicular to or more perpendicular than
parallel to, the building wall on which the canopy is
attached.
3. Signs on Roof of Building Canopy Excluding Detached
Accessory Island Canopy With or Without Enclosed Booth.
Signs place on the roof of a building canopy and which
are parallel to, or more nearly parallel to than perpen-
dicular to, the front side of the canopy shall be regu-
lated in Section XIII-B-1 above. Signs placed on the
roof of a building canopy and which are parallel to, or
more nearly parallel to than perpendicular to, a lateral
side of a canopy shall be regulated in Section XIII-B-2
above.
4. Signs Under Building Canopy Excluding Detached Accessory
Island Canopy With or Without Enclosed Booth.
Signs may be attached to and suspended from the under-
side of building canopies with the following restric-
tions:
a). Not more than one such sign is permitted per business.
b). Such sign must identify only the store's name and
address.
c). Such sign must have an area not exceeding four (4)
square feet
d). The bottom edge of such sign shall be no less than
seven (71) feet above grade.
e). Such a sign may be placed perpendicular to the
front wall of the building except that nothing in
this Section shall supercede Section II-E herein.
5. Signs Placed on Free -Standing Canopy or Detached
Accessory Island Canopy.
Signs may be located any place on a canopy that is not
attached to a building (except for gasoline pump islands
which have a booth) except that such signs shall not
project beyond the width of that canopy, more than two
(2') feet above that canopy or more than one (11) foot
below that canopy.
D. FREE-STANDING SIGNS
One (1) free-standing sign for each free-standing building
in the "I" District shall be permitted meeting the
following requirements:
1. AREA
The area of each sign shall not exceed an amount equal to
0.40 square feet per front foot of the lot. Such sign
area shall not exceed two hundred and fifty (250) square
feet.
2. HEIGHT
For lots with frontage of 0'-991, sign height shall not
exceed twenty (20) feet. Lots exceeding 99' of lot
frontage, the sign height shall not exceed twenty (20)
feet, plus one (1) foot of sign height for each forty
(40) feet of lot frontage. In no case shall sign height
exceed thirty-five (35) feet.
3. SETBACK
Sign setbacks shall be a minimum of ten (101) feet from
property line or fifty one -hundredth (0.50) foot for
each foot of sign height, whichever is greater.
SPACING
Free-standing signs shall not be placed closer to a side lot
line than a distance equal to V4 of the lot frontage.
117
E. WALL SIGNS
Advertising signs, when the same are attached to a building
and advertise business name, services, articles, or products
which are offered within the building to which such sign is
attached, shall be permitted, provided that such signs shall
not extend more than three (31) feet vertically above the
outside walls of such buildings, nor more than two (21) feet
perpendicular from the face of the walls of such building.
Not more than ten (10%) percent of any wall shall be used
for such signs, except when free-standing signs are allowed,
but not used, this may be increased to not more than fifteen
(15%) percent of said wall.
F. PRIMARY USES
Sign shall be specifically described and indicated on the
site plan. The sign requirement for each use shall not be
less restrictive than those of the respective district in
which the use is otherwise first permitted.
G. SPECIAL EXCEPTION USES
Sign requirements for all special exceptions shall be set by
the Board of Adjustment, and in no case shall the require-
ments exceed the requirements for that use or similar type
uses in the district in which the use is ordinarily permitted.
XIV. TEMPORARY CONSTRUCTION SITE AND FOR -SALE AND RENTAL SIGNS
For -sale signs, rental signs or temporary construction site
signs not exceeding thirty-two (32) square feet in area and ten
(10) feet in height may be placed at a development site, on pro-
perty of one (1) acre or more for a period of one (1) year.
XV. GOVERNMENTAL SIGNS
Governmental signs not exceeding thirty-two (32) square feet in
area and not exceeding ten (10) feet in height, shall be per-
mitted. Such standards shall not apply where State or Federal
regulations are in conflict with these standards.
XVI. TEMPORARY BUSINESS PROMOTIONAL SIGNS
Any temporary business promotional signs shall only be placed in
or on windows and shall have a combined area not exceeding 10%
of the area of all the windows on the same wall. Said sign area
shall not be counted against total permitted sign area.
XVII. COMMUNITY SERVICE SIGNS
Any community service signs for seasonal celebration shall have
no size limitation if placed in or on windows. Any community
service signs, not of a seasonal celebration nature, shall be
placed in or on windows and shall have a combined area not
exceeding 10% of the area of all the windows on that same wall.
Such sign area shall not be counted against permitted wall sign
area.
SECTION XVI
NON -CONFORMING USES
A. NON -CONFORMING USE OF LAND:
The non -conforming use of land where no building is
involved existing at the time of the passage of this
Ordinance may be continued for a period of not more than
two (2) years therefrom, provided that no such non-
conforming use of land shall in any way be expanded or
extended either on the same or adjoining property, and that
if such non -conforming use of land or any portion thereof
is discontinued or changed, any future use of such land
118
shall be in conformity with regulations of the district in
which it lies.
B. NON -CONFORMING USE OF BUILDINGS:
1. Except as otherwise provided in this Article, the non-
conforming use of a building existing at the time this
Ordinance becomes effective may be continued, and the
use of a non -conforming building may be changed to
another use of the same or more restricted classifica-
tion, but where such use is changed to a more
restricted classification it shall not thereafter be
changed back to a use of a less restricted classifica-
tion. A non -conforming building which is or may
hereafter become vacant and which shall remain unoc-
cupied or its non -conforming use discarded for a con-
tinuous period of one (1) year, shall not thereafter be
occupied except by a use which conforms to regulations
of the district in which it is located. A non-
conforming building may be maintained or kept in good
repair except as otherwise provided in this Section.
2. No existing non -conforming building may be enlarged,
extended, reconstructed, or altered unless its use is
changed to a use permitted in the district in which
such building is located except in the event such
enlargement, extension, reconstruction or alteration is
required by court decision, law, or ordinance.
3. No non -conforming building shall be moved in whole or
in part to any other location on the lot unless every
portion of such building is made to conform to all the
regulations of the district in which it is located.
4. A non -conforming building which is damaged by fire,
explosion, flood, wind, earthquake or other calamity or
act of God or the public enemy to the extent of fifty
percent (50%) or more of its reasonable value may not
be restored except in conformity with the regulations
of the district in which it is located.
SECTION XVIII
CERTIFICATE OF OCCUPANCY
A.
No vacant land shall be occupied or used except for agri-
cultural uses, until a Certificate of Occupancy shall have
been issued by the Building Inspector.
B.
No premises shall be used and no buildings hereafter
erected or structurally altered shall be used, occupied, or
changed in use, until a Certificate of Occupancy shall have
been issued by the Building Inspector in compliance with
all applicable codes and the provisions of this Ordinance.
C.
Certificates of Occupancy and Compliance shall be applied
for coincident with the application for a building permit
and shall be issued within ten (10) days after the erection
or structural alterations of such buildings shall have been
completed in conformity with the provisions of these regu-
lations. A record of all Certificates shall be kept on
file in the office of the Building Inspector.
D.
No permit for excavation for any building shall be issued
before application has been made for Certificate of
Occupancy and Compliance.
E. A Certificate of Occupancy shall be required of all non-
conforming uses. Application for a Certificate of
Occupancy for non -conforming uses shall be filed within
119
twelve (12) months from the effective date of this
Ordinance, with the Building Inspector.
r
SECTION XIX
BOUNDARIES OF DISTRICTS
Rules where uncertainty may arise; where uncertainty exists with
respect to the boundaries of the various districts as shown on the
zoning map, the following rules apply:
A. The district boundaries are either streets or alleys unless
otherwise shown, and where the districts designated on the
zoning map are bounded approximately by street or alley
lines, the street or alley shall be construed to be the
boundary of the district.
B. Where the district boundaries are not otherwise indicated,
and where the property has been or may hereafter be divided
into blocks and lots. The district boundaries shall be
construed to be the lot lines, and where the districts
designated on the zoning map are bounded approximately by
lot lines, the lot lines shall be construed to be the boun-
dary of the districts unless the boundaries are otherwise
indicated on the map.
C. In unsubdivided property, the district boundary lines on
the zoning map shall be determined by use of the scale
appearing on the map.
120
SECTION XX
CHANGES AND AMENDMENTS
A. The City Council may from time to time amend, supplement,
or change by ordinance the boundaries of the districts or
the regulations herein established.
B. Before taking any action on any proposed amendment, supple-
ment, or change, the City Council shall submit the same to
the City Planning and Zoning Commission for its recommen-
dation and report.
C. A public hearing shall be held by the City Council before
adopting any proposed supplement, amendment or change.
Notice of such hearing shall be given by publication three
(3) times in the official publication of the City of
Stephenville, Texas, stating the time and place of such
hearing, which time shall not be earlier than fifteen (15)
days from the first day of such publication.
D. Unless such proposed amendment, supplement or change has
been approved by the City Planning & Zoning Commission or a
protest against such amendment, supplement or change has
been filed with the Building Inspector, duly signed and
acknowledged, by the owners of twenty percent (20%) or
more, either of the area of the lots included in such pro-
posed change, or those immediately adjacent in the rear
thereof extending two hundred feet (2001) therefrom, or of
those directly opposite thereto extending two hundred feet
(2001) from the street frontage of such opposite lots, such
amendment, supplement,or change shall not become effective
except by a three -fourths (3/4) vote of the City Council.
SECTION XXI
ENFORCEMENT AND PENALTY FOR VIOLATION
t f A. It shall be the duty of the Building Inspector to enforce
r( the provisions of this ordinance, and to refuse to issue
any permit for any building, or for the use of any premi-
ses, which would violate any of the provisions of said
ordinance.
B. In case any building is erected, constructed, re-
constructed, altered, repaired, or converted or any
building or land is used in violation of this Ordinance,
the Building Inspector is authorized and directed to insti-
tute any appropriate action to put an end to any such
violation.
121
C. Any person or corporation who shall violate any of the pro-
visions of this Ordinance or fail to comply therewith or
with any of the requirements thereof or who shall build or
alter any building in violation of any detailed statement
or plan submitted and approved hereunder shall be guilty of
a misdemeanor and shall be liable to a fine of not more
than One -Hundred Dollars ($100.00), and each day such
violation shall be permitted to exist shall constitute a
separate offense. The Owner or Owners of any building or
premises, or part thereof, where anything in violation of
this Ordinance shall be placed, or shall exist, and any
architect, engineer, builder, contractor, agent, person or
corporation employed in connection therewith and who may
have assisted in the commission of any such violation shall
° be guilty of a separate offense and upon conviction thereof
shall be fined as herein -before provided.
SECTION XXII
PLANNING & ZONING COMMISSION
PART ONE - PROPOSALS
1.1. CREATION: A Planning & Zoning Commission is hereby created as
provided in Article 1011f, Revised Civil Statutes of Texas.
1.2. PURPOSE•
A. To identify community needs and to advise the City Council
of their short-range and long-range implications for the
total development of the City;
B. To recommend achievable community goals as a basis for
long-range planning and development programs;
C. To recommend plans, programs, and policies that will aid
the entire community in achieving its defined goals; and
D. To interpret the adopted plans and programs to concerned
citizens so that private activities and desires may be
accomplished in harmony with public needs and policies.
E. To exercise all the powers set out in the Zoning and
Subdivision Ordinances of the City of Stephenville.
1.3. WRITTEN PROPOSAL REQUIRED: Every proposal submitted for
Commission action shall be made in writing. Where appropriate
application forms are provided by the City. The proposal shall
be filed on said forms, shall be accompanied by all prescribed
fees, and shall be complete in all respects before being
accepted for filing.
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1.4. FILING DEADLINE: Every proposal shall be filed with the
Planning & Inspections Department not later than fourteen (14)
days prior to the next regular meeting date. Proposals filed
after the deadline shall be scheduled for the next regular
meeting. When the filing deadline falls on a City holiday the
following workday shall be observed as the filing deadline.
1.5. NOTICES: Public notice of any proposal affecting a specific
property shall be given as prescribed in the Zoning Ordinance
by means of a written notice deposited in the United States
Mail, postage prepaid, not less than ten (10) days prior to the
date of hearing. The notice shall identify the applicant, the
location of the property in question, the nature of the propo-
sal, and the applicable Zoning Ordinance requirements.
(Publication of the agenda to serve as the "Notice of Public
Hearing")
1.6. SUBMISSION OF SUPPORTING EVIDENCE: Information supporting a
request or recommendation to approve or disapprove any proposal
before the Commission shall be submitted only through the
Planning & Inspections Department in writing or to the
Commission in public meeting.
1.7. WITHDRAWAL OF PROPOSAL: When any applicant desires to withdraw
his proposal he may do so by filing a written request to that
effect with the Secretary. Such request shall be effective
upon the date of its official receipt, provided, however, that
no such request shall be valid after notices have been mailed,
except on action of the Commission. Withdrawal of a proposal
at any stage of its processing shall terminate all con-
sideration of it by the City, and the case file thereon shall
be closed.
1.8. POWERS: The Planning & Zoning Commission is hereby invested
with the authority to:
A. Inspect property and premises at reasonable hours where
required in the discharge of its responsibilities under the
laws of the State of Texas and of the City of Stephenville.
B. Formulate and recommend to the City Council for its adop-
tion a City Plan for the orderly growth and development of
the City and its environs, and from time to time recommend
such changes in the Plan as it finds will facilitate the
movement of people and goods, and the health, recreation,
safety, and general welfare of the citizens of the City.
C. Formulate a zoning plan as may be deemed best to carry out
the goals of the City Plan; hold public hearings and make
recommendations to the City Council relating to the
creation, amendment, and implementation of zoning regula-
tions and districts as provided in Article 1011a to 1011k,
Revised Civil Statutes of Texas, as amended, authorizing
cities and incorporated villages to pass regulations; all
powers granted under said Act are specifically adopted and
made a part hereof.
D. Exercise all powers of a Commission as to approval or
disapproval of plans, plats, or replats and vacations of
plans, plats, or replats set out in Article 974a and 970a,
Revised Civil Statutes of Texas.
E. Study and recommend on the location, extension, and
planning of public rights -of -way, parks, or other public
places, and on the vacating or closing of same.
F. Study and recommend on the general design and location of
public buildings, bridges, viaducts, street fixtures, and
other structures and appurtenances. Study and recommend on
the design or alteration and on the location or relocation
of works of art which are, or may become, the property of
the City.
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G. Initiate, in the name of the City, for consideration at
public hearing all proposals:
1. For the opening, vacating or closing of public rights -
of -way, parks or other public places;
2. For the original zoning of annexed areas; and
3. For the change of zoning district boundaries on an
area -wide basis.
No fee shall be required for the filing of any such propo-
sal in the name of the City.
H. Formulate and recommend to the City Council for its adop-
tion policies and regulations consistent with the adopted
City Plan governing the location and/or operation of utili-
ties, public facilities and services owned or under the
control of the City.
I. Keep itself informed with reference to the progress of City
Planning in the United States and other countries and
recommend improvements in the adopted plans of the City.
J. Submit each January a progress report to the City Council
summarizing its activities, major accomplishments for the
past year, and a proposed work program for the coming year.
The report shall contain for the year the attendance record
of all members and the identity of Commission Officers.
PLANNING & ZONING COMMISSION
PART TWO - RULES OF PROCEDURE
ROBERTS RULES OF ORDER, latest revision, shall be the
Commission's final authority on all questions of procedure and
parliamentary law not covered by these Rules of Procedures
2.1 MEMBERSHIP AND APPOINTMENT:
The Planning & Zoning Commission shall be composed of ten (10)
qualified voters of the City of Stephenville. The City Council
will consider for appointment to the Commission only those per-
sons who have demonstrated their civic interest, general
knowledge of the community, independent judgment, interest in
planning and zoning, and availability to prepare for and attend
meetings. It is the intent of the City Council that members
shall, by reason of diversity of their individual occupations,
constitute a Commission which is broadly representative of the
Community.
2.2. TERMS OF OFFICE:
The terms of five (5) of the members shall expire on January
15th of each odd -numbered year and the terms of five (5) mem-
bers shall expire on January 15th of each even -numbered year.
The members of the Commission shall be identified by place num-
bers one (1) through ten (10). The odd -numbered places shall
expire in the odd -numbered years; the even -numbered places
shall expire in the even -numbered years. Commission members
may be appointed to succeed themselves. Vacancies shall be
filled for unexpired terms, but no member shall be appointed
for a term in excess of two (2) years. Newly -appointed members
shall be installed at the first regular Commission meeting
after their appointment.
2.3. OFFICERS -
A Chairman and Vice -Chairman shall be elected annually from
among the Commissions' membership at the first meeting in
January and at such other times as these offices may become
vacant. In the absence of both the Chairman and Vice -Chairman,
the Commission shall elect an Acting Chairman.
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A Secretary shall be appointed from the members of the
Commission or from staff personnel assigned by the City's Chief
Executive Officer to serve the Commission.
2.4. DUTIES:
A. The Commission shall advise the City Council on those mat-
ters falling within its charged responsibilities in a
manner reflecting concern for the overall development and
environment of the city as a setting for human activities.
B. The members of the Commission shall regularly attend
meetings and public hearings of the Commission and shall
serve without compensation, except for reimbursement of
authorized expenses attendant to the performance of their
duties.
C. The Chairman, or in his absence the Vice -Chairman, shall
preside at all meetings, shall decide all points of order
or procedure. All letters of transmittal from the
Commission to the City Council shall be over the signature
of the Chairman.
D. The Secretary shall be custodian of the minutes and other
official records, shall attend to the correspondence of the
Commission, and shall cause to be given such notices as are
required and in the manner prescribed by law.
2.5. QUORUM -
A quorum for the conduct of business shall be a majority of the
members of the Commission.
2.6. MEETINGS:
All meetings shall be held in full compliance with the provi-
sions of the Open Meetings Law, V.T.C.S., Article 6252-17, the
Zoning Ordinance, and these Rules of Procedure. Any party in
interest may appear in his own behalf or be represented by
counsel or agent.
A. Regular Meetings shall be held on the third (3rd) Thursday
of each month at 3:00 p.m. in City Council Chambers at City
Hall or at such place as the Commission may direct on its
notices.
B. Special Meetings for any purpose may be held on:
1. On the call of the Chairman, or
2. On request of two or more members and by giving written
notice to all members deposited in the mail at least 48
hours before the meeting, or
3. As may be scheduled by a majority of the Commission at
any previous meeting. The time and place of the spe-
cial meeting shall be determined by the convening
authority.
C. The members of the Commission shall call the Secretary as
far ahead of the meeting date as possible when they are
} unable to attend a meeting.
D. If a member misses three (3) consectutive meetings without
a valid reason, that place is subject automatically to
reappointment by the City Council.
E. PLANNING SESSIONS:
The Commission may be convened as a committee of the whole
in the same manner as prescribed for the calling of a spe-
cial meeting for the purpose of holding a planning, -,:session,
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provided that no official business shall be conducted
thereat and no quorum shall be required.
2.7. AGENDA:
A. An agenda shall be prepared by the Secretary for each
meeting of the Commission. There shall be attached to each
agenda a report of matters pending further action by the
Commission. A copy of the agenda shall be posted in the
City Hall as required by law for a period of three (3) full
calendar days not counting the day of meeting or the day of
posting.
B. The agenda shall be published as the "Notice of Public
Hearing".
2.8. ORDER OF BUSINESS:
A. The Chairman shall call the Commission to order, and the
members present and absent shall be recorded. The minutes
of any preceding meeting shall be submitted for approval.
The public shall be advised of the procedures to be
followed in the meeting. The Executive Secretary shall
publicly advise the Commission of any communications
received pertaining to any matter before the Commission.
B. The Commission shall then hear and act upon those proposals
scheduled for consideration or public hearing together with
such other matters of business and report as the Commission
or Executive Secretary finds to require Commission con-
sideration.
2.9. PROCEDURE OF HEARING:
A. The Commission shall call, or cause to be called by the
Executive Secretary, each proposal in such order as to be
in accord with the hearing time specified in the notice of
public hearing.
B. The Chairman shall next call on the staff for a factual
summary and presentation relative to the proposal and shall
afford the staff an opportunity to call to the attention of
the Commission any additional pertinent communications.
C. The Chairman shall then call on persons present who wish to
speak to the proposal and shall direct that they speak in
the following order:
1. The applicant or his representative;
2.
Those
persons
in
support;
3.
Those
persons
in
opposition.
D. Whenever necessary the Chairman shall direct that all
remarks shall be germane to the proposal. No rebuttal
shall be permitted by either side, but the Commission may
direct questions to any speaker in order to clarify state-
ments and facts presented.
E. The Chairman shall then declare the public presentation or
hearing closed, as to that proposal.
2.10. MOTIONS•
A. A motion may be made by any member other than the presiding
officer.
B. A motion to approve any matter before the Commission or to
recommend approval of any request requiring Council action
shall require two-thirds (2/3) favorable votes of the mem-
bers present.
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When fewer than all the members are present for the voting
and when all motions to recommend on a given application
fail to carry by two-thirds (2/3) votes, consideration of
the application shall be continued to the next regular
meeting upon motion carried by a majority of those present.
Provided further that no request or application shall be
continued under this rule beyond the next regular meeting;
failure of the Commission to secure two-thirds (2/3) con-
curring votes to approve or recommend approval at said next
regular meeting shall be recorded in the minutes as a
denial of the proposal under this rule.
2.11. RECORDING OF VOTE:
The minutes of the Commission's proceeding shall show the vote
of each member, or if absent or failing to vote shall indicate
that fact.
2.12. DISQUALIFICATION FROM VOTING:
A. A member shall disqualify himself from voting whenever he
finds that he has a personal or monetary interest in the
property under appeal, or that he will be directly affected
by the decision of the Commission.
B. A member shall disqualify himself from voting whenever any
applicant, or his agent, has sought to influence the vote
of the member on his application, other than in the public
hearing.
2.13. OFFICIAL RECORDS:
The official records shall be these rules and regulations and
the minutes of the Commission together will all findings, deci-
sions and other official records of the Commission.
2.14. FILES - RETENTION:
All matters coming before the Commission shall be filed in the
City's records. Original papers of all requests and proposals
shall be retained as a part of the permanent record.
2.15. PUBLIC RECORD:
The official records and citizen requests filed for Commission
action in regular or special meetings shall be on file in the
City Hall and shall be open to public inspection during custo-
mary working hours.
SECTION XXII
BOARD OF ADJUSTMENT
PART ONE - APPEALS
1.1. A BOARD OF ADJUSTMENT IS HEREBY ESTABLISHED AS PROVIDED IN ARTICLE
1011g, Vernon's Texas Civil Statutes.
1.2. Appeals to the Board of Adjustment may be taken by any person
aggrieved or by any officer, department, board, or bureau of the
municipality affected by any decision of the enforcing officer.
Such appeal shall be taken within a reasonable time, as provided
by the rules of the Board, by filing with the officer from whom
the appeal is taken and with the Board of Adjustment a notice of
appeal specifying the grounds thereof. The officer from whom
the appeal is taken shall forthwith transmit to the Board all
the papers constituting the record upon which the action
appealed from was taken.
1.3. An appeal stays all proceedings in furtherance of the action appeale
from, unless the officer from whom the appeal is taken certifies
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to the Board of Adjustment after the notice of appeal shall have
been filed with him that by reason of facts stated in the cer-
tificate a stay would, in his opinion, cause imminent peril to
life or property. In such case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by
the Board of Adjustment or by a court of record on application
or notice to the officer from whom the appeal is taken and on
due cause shown.
1.4. No appeal shall be taken to the Board until and unless the
Enforcing Officer has first refused a permit for plans submitted
or has rendered an interpretation of the Zoning Ordinance.
1.5. Every appeal shall be filed on application forms provided by the
City, shall be accompanied by the prescribed fee, and shall be
complete in all respects before being accepted for filing. The
application shall bear the signature of the owner of the pro-
perty under appeal or shall be accompanied by a letter from the
owner acknowledging taking of the appeal. An incomplete appli-
cation or a communication purporting to be an application and
not made in the form prescribed shall be regarded only as a
notice of intent to appeal, and shall not be considered or acted
upon by the Board.
1.6. Every appeal shall be prepared by the applicant and shall be
considered by the Board according to the guidelines contained in
this ordinance for the type of appeal under consideration.
Where two or more different types of appeals are included in the
same application, each set of guidelines shall apply to the con-
sideration of the appeals.
An appeal shall be filed with the Board within ten (10) days
after the date of decision of the Enforcing Officer. Every
appeal shall be filed with the Executive Secretary of the Board
not later than fifteen (15) days prior to the regular meeting
date of the board. Appeals filed after the deadline shall be
scheduled for the next regular meeting. When the filing
deadline falls on a City holiday the following workday shall be
observed as the filing deadline.
2.11. NOTICES:
A. Public Notice of any appeal affecting a specific property
shall be given as prescribed in the Zoning Ordinance by means
of a written notice deposited in the United States Mail,
postage prepaid, not less than ten (10) days prior to the
date of hearing. The notice shall identify the applicant,
the location of the property in question, the nature of the
request, and the applicable Zoning Ordinance requirements.
B. Public notice of any appeal seeking an interpretation of
Zoning Ordinance regulations which would apply throughout the
City, shall be given by means of a legal advertisement
appearing in the official newspaper of the City not less than
ten (10) days prior to the date of hearing. Written notice
shall also be given to the applicant and his agent as pro-
vided in Paragraph A above. The notices shall identify the
applicant, the nature of the question involved, and the
affected provisions of the Zoning Ordinance.
C. Notice of any appeal seeking a special use or variance
^ affecting a specific property shall be given to all persons
II[ iji within 200 feet of property in question by means of a written
notice deposited in the United States Mail, postage prepaid,
not less than 10 days prior to the date of hearing.
WITHDRAWAL OF APPEAL: Any appeal may be withdrawn upon written
notice to the Executive Secretary; but no appeal shall be
withdrawn after giving of public notice and prior to Board
action thereon without formal consent of the Board.
APPEAL AFTER BOARD DENIAL: No appeal that has been denied shall
be further considered in a new appeal resulting from the filing
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of new plans and the obtaining of a new decision from the
Enforcing Officer, unless the new plans materially change the
nature of the case.
EXPIRATION OF GRANTED APPEAL: Approval of any appeal shall
expire 90 days after the Board's decision unless authorized
construction or occupancy permits have been obtained or unless a
greater time is requested in the application and is authorized
by the Board. Any approval may be granted one extension of an
additional 90 days on written request filed with the Board
before expiration of the original approval. The time limit for
every granted appeal shall commence on the first day of the
month succeeding the month in which the Board renders its deci-
sion.
The Board of Adjustment shall have the following powers:
1. FOR INTERPRETATION of the meaning or intent of the Zoning
Ordinance. To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or
determination made by an administrative official in the
enforcement of this Ordinance.
a. PAPERS REQUIRED:
An appeal shall include;
1. A STATEMENT by the applicant describing the way it
is alleged the Regulation should be interpreted,
together with diagrams and charts illustrating the
erroneous and the proper application of the map or
text provisions.
2. A STATEMENT by the Enforcing Officer giving his
reasons for his interpretation of the Zoning
Regulations.
b. BASIS FOR ACTION:
Before acting on an appeal for interpretation the
Board shall consider:
1. The facts and statements filed in the application
2. The testimony presented at the public hearing,
3. the City Staff's technical report on the appeal, and
4. The Board's independent investigation of the
language of the Ordinance and of related ordinances
bearing thereon.
The Board shall make such interpretation as ought to
be made provided the applicant has demonstrated to the
satisfaction of the Board that one or more of the
following conditions exist and that the decision of
the Board would be in the interest of the community
and would carry out the spirit and intent of the
Zoning Regulations:
1. That there is reasonable doubt of difference of
interpretation as to the specific intent of the
regulations or map;
2. That an appeal of use provisions would clearly per-
mit a use which is in character with the uses enu-
merated for the various zones and with the
objectives of the zone in question; and
3. That the resulting interpretation will not grant a
special privilege to one property inconsistent with
other properties or uses similarly situated.
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2. FOR A SPECIAL EXCEPTION for use or development of pro-
perty. To hear and decide special exceptions to the terms
of this Ordinance. Whenever Zoning Regulations require
specific approval by the Board for the development or use
of property, an application for a special exception shall
be approved by the Board before the Enforcing Officer
shall issue a permit for the proposed construction or use.
When in its judgement, the public convenience and welfare
will not be substantially or permanently injured, the
Board of Adjustment may in a specific case, after public
notice and hearing and subject to appropriate conditions
and safeguards, authorize special exceptions to the regu-
lations herein established as follows:
a. Permit a transitional use between a business or
industrial district and a dwelling district where the
side of a lot in a one -family district or a two-family
district abuts upon a lot zoned for business or
industrial purposes as follows:
1. On a lot in a single-family dwelling district which
sides upon a lot zoned for business or industrial
purposes, the Board may permit a two-family
dwelling.
b. Permit the extension of a building or use into a more
restricted district, immediately adjacent thereto, but
NOT MORE than fifty feet (501) beyond the boundary
line of the district in which such building or use is
authorized.
C. Grant in undeveloped sections of the city temporary
and conditional permits for not more than two (2)
years. The granting of such temporary or conditional
permit shall not be reason or cause for extension of
such permit.
d. Permit such modification of yard, open space, lot area
or lot width regulations as may be necessary to secure
an appropriate improvement of a parcel of land if such
parcel is separately owned at the time of the original
passage of this ordinance or subsequent annexation of
the City and is of such restricted area that it cannot
be appropriately improved without such modification.
e. Permit the extension of a use, height, or area regula-
tions into an adjoining district, where the boundary
line of the district divided a lot in a single
ownership at the time of the adoption of this
ordinance.
f. Permit as an accessory use a parking area for
passenger automobiles on a lot or lots in a single
family, duplex, or apartment house district adjoining
or across a street or not more than fifty feet (501)
in width from an R-1 or R-2 District, subject, however
to the following provisions:
1. The area shall be properly enclosed with a hedge
screen, fence, wall or other suitable enclosure
having a height of not less than three feet (31)
nor more than six feet (61). Such fence or enclo-
sure shall conform to the front yard regulations of
the district in which it is located.
2. The area shall be paved.
3. No parking of vehicles shall be permitted within
six feet (61) of any adjoining lot on which is
located a single-family residence, duplex, or
multiple dwelling.
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4. No charges may be made for parking and no other
business use may be made of the lot.
5. Any light used to illuminate said parking area
shall be so arranged as to direct the light away
from any adjoining premises used for residential
purposes.
g. Permit the reconstruction of a building occupied by a
non -conforming use, or permit the extension of a non-
conforming use of a building upon the lot occupied by
such use or building at the time of the passage of
this ordinance.
1. PAPERS REQUIRED:
An application for a special exception shall include:
a. A SITE PLAN, drawn to scale, showing all lot dimen-
sions, and location and dimensions of all existing
and proposed lot improvements;
b. A STATEMENT BY THE ENFORCING OFFICER citing the
reason for referral of the proposal to the Board, and
c. A STATEMENT BY THE APPLICANT describing the way in
which all conditions as may be prescribed by Zoning
Regulations and by these rules will be or have been
met.
2. BASIS FOR ACTION:
Before acting on the application the Board shall con-
sider:
a. The facts filed with the application,
b. The testimony presented at the public hearing,
c. The City Staff's technical report on the applica-
tion, and
d. The Board's findings in its field inspection of the
property.
The Board may grant the application, subject to such
terms and conditions as it deems necessary to insure
compatibility of the proposed use or development with
adjacent properties, provided the applicant has
demonstrated to the satisfaction of the Board:
a. That all conditions enumerated in the Regulations
for the special exception use or development will
be complied with;
b. That the proposed use will not be obnoxious,
dangerous, or unnecessarily hazardous to persons or
property at or near such location;
c. That, where the Board finds it necessary, provision
will be made for the installation and maintenance
^ of the best practical means known for the abatement
11] of obnoxious or offensive fumes, gas, dust, smoke,
odor, water carried waste, noise, vibration, or
similar nuisance; and
d. That the granting of the exception will further the
objectives, spirit and intent of the Zoning
Regulations.
C. A VARIANCE from the literal enforcement of the Zoning
Ordinance in order to achieve a reasonable development of
property. Whenever, owning to exceptional and extraordinary
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conditions, the literal enforcement of the Zoning Regulations
will result in unnecessary hardship in the development of the
property, an appeal for a variance may be filed with the
Board of Adjustment.
When a property owner can show that a strict application of
the terms of this Ordinance relating to the use, construction
or alteration of buildings or structures or the use of land
will impose upon him practical difficulties or particular
hardship, the BOARD MAY CONSIDER AND ALLOW VARIATIONS of the
strict application of the terms of this Ordinance IF the
variations are in harmony with the general purpose and intent
n of this Ordinance, AND the Board is satisfied, under the evi-
dence heard by it, that a granting of the variation WILL NOT
MERELY SERVE AS A CONVENIENCE TO THE APPLICANT, but will
alleviate some demonstrable hardship or difficulty so great
as to warrant a variation from the Zoning Regulations.
The BOARD MAY AUTHORIZE A VARIANCE where by reason of excep-
tional narrowness, shallowness, or shape of specific piece of
property of record at the time of the adoption of this ordi-
nance, OR by reason of exceptional situation or condition of
a specific piece of property, the strict application of a
provision of this ordinance would result in peculiar and
exceptional practical difficulties and particular harship
upon the owner of the property and amount to a practical con-
fiscation of the property AS DISTINGUISHED FROM A MERE
INCONVENIENCE TO THE OWNER, provided the variation can be
granted without substantial detriment to the public good, and
without substantially impairing the general purpose and
intent of the comprehensive plan as established by the regu-
lations and provisions contained in this Ordinance.
1. PAPERS REQUIRED:
An appeal for a variance shall include:
a. A SITE PLAN, drawn to scale, showing the location and
deimension of the lot and of all existing and proposed
improvements;
SPECIAL INFORMATION REQUIRED:
1. When an appeal is based upon hardship resulting
from SHARP CHANGES IN TOPOGRAPHY OR UNUSUAL TERRAIN
FEATURES, the site plan shall include topographic
information related to known base points or sur-
veys, and profiles of the particular problem
involved, including relationship to topographic
features of adj fining properties.
2. When an appeal is submitted for variance of SIDE
YARD OR REAR YARD REQUIREMENTS, the applicant shall
provide the same information for the properties
adjoining the common lot line as may be applicable
to the appealed requirements.
3. When an appeal is submitted for a variance from
FRONT YARD SETBACK, OR FOR SIDE YARD SETBACK ON A
SIDE STREET, the applicant shall furnish a strip
map showing the setback of main walls of all
buildings on the same side of the street within a
distance of 200 feet of the applicant's property.
b. A STATEMENT OF FACTS AND REASONS why the Zoning
Regulations should not be applied to the property in
question and how the standards governing the Board's
actions would be satisfied; and
c. A STATEMENT BY THE ENFORCING OFFICER citing the
reasons for refusing to issue a permit under the plans
submitted.
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2. BASIS FOR ACTION:
Before acting on an appeal for variance the Board shall
consider:
a. The facts filed with the application,
b. The testimony presented at the public hearing on the
appeal,
c. The City Staff's technical report on the appeal
d. The Board's findings in its field inspection of the
property.
The Board may grant the appeal, subject to such terms and
conditions as it may fix, provided the applicant has
demonstrated to the satisfaction of the Board that the
consitions governing the granting of a variance as set
forth in the Zoning Regulations are satisfied and that the
decisions of the Board would be in the interest of the
community and would carry out the spirit and intent of the
Zoning Regulations.
2.9. FILES -RETENTION: All appeals and other matters coming before
the Board shall be filed in the City's records. Original papers
of all appeals shall be retained along with other special matter
as the Executive Secretary deems essential for permanent record.
BOARD OF ADJUSTMENT
PART TWO - RULES & REGULATIONS
ROBERTS RULES OF ORDER, latest revision, shall be the Board's
final authority on all questions of procedure and parliamentary
law not covered by these Rules of Procedure.
2.1. ORGANIZATION:
The Board of Adjustment shall consist of five (5) members
appointed by the City Council and who are qualified voters of
the City of Stephenville, each to be appointed for terms of two
(2) years and removable for cause by the City Council upon writ-
ten charges and after public hearing. Vacancies shall be filled
for the unexpired term of any member whose term becomes vacant.
The City Council may appoint two (2) alternate members of the
Board of Adjustment who shall serve in the absence of one or
more regular members. These alternate members, when appointed,
shall serve for the same period as the regular members and any
vacancies shall be filled in the same manner and shall be sub-
ject to removal as the regular members.
2.2. QUORUM:
A quorum shall consist of four (4) members.
2.3. OFFICERS:
A Chairman and Vice -Chairman shall be elected from among the
Board's membership at the annual meeting of the Board and at
such times as these offices may become vacant. The City's Chief
Executive Officer shall designate his representative to serve
the Board as Executive Secretary.
2.4. DUTIES•
A. The Chairman, or in his absence the Vice -Chairman, shall pre-
side at all meetings, shall decide all points of order or
procedure, and as necessary shall swear in witnesses or com-
pel their attendance.
B. The Executive Secretary shall be custodian of the minutes and
other official records, shall attend to the correspondence of
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the Board, and shall cause to be given notices as are
required and in the manner prescribed by law.
2.5. MEETINGS•
All meetings shall be held in full compliance with the provi-
sions of the Open Meetings Law, V.T.C.S., Article 6251-17, the
Zoning Ordinance of the City of Stephenville, and these Rules of
Procedure. Any party in interest may appear in his own behalf
or be represented by counsel or agent.
A. Regular meetings shall be held on the fourth (4th) Thursday of
each month at 3:00 p.m. in City Council Chambers at City Hall
at such place as the Board may direct on its notices.
B. Special meetings for any purpose may be held:
1. On the call of the Chairman, or
2. On request of two or more members by giving written notice to
all members deposited in the mail at least 48 hours before
the meeting, or
3. As may be scheduled by a majority of the Board at any pre-
vious meeting.
C. The members of the Board shall call the Secretary as far
ahead of the meeting date as possible when they are unable to
attend a meeting.
D. If a member misses three (3) consectutive meetings without a
valid reason, that place is subject automatically to reap-
pointment by the City Council.
2.6. AGENDA: An agenda shall be prepared by the Executive Secretary
for each meeting of the Board. The agenda shall include appeals
and other matters scheduled for consideration by the Board.
There shall be attached to the agenda a list of matters pending
further action by the Board and pending report of disposition by
the Executive Secretary. A copy of the agenda shall be posted
in the City Hall as required by law for a period of three full
calendar days not counting the day of the meeting or the day of
posting.
2.7. ORDER OF BUSINESS: The Chairman shall call the Board to order
and the Executive Secretary shall record the members
present and absent. The Chairman shall publicly advise those
present of the procedures followed in the hearing and
disposition of appeals; he shall call each appeal in the order
filed and shall announce the name of the applicant, the loca-
tion of the property involved, and the nature of the request.
The Executive Secretary shall publicly advise the Board of
any communications received. Supporting evidence for and
against each case shall be presented to the Board. Each case
may be taken under advisement until all have been heard.
2.8. PROCEDURE FOR HEARING:
A. The Chairman shall first call upon the applicant to present
his case and all evidence supporting his plea. The Chairman
shall then inquire of the applicant if there are others
affected who support the appeal.
B. The Chairman shall next call on those opposed to the granting
of the appeal to present their arguments. The applicant
shall then have the right of rebuttal to arguments presented
by the opposition. Following the rebuttal the Chairman shall
order the hearing closed.
C. Each side shall proceed without interruption by the other,
and all arguments and pleadings shall be addressed to the
Board. No questioning or arguments between individuals will
be permitted. During the hearing no member shall discuss,
debate or argue an issue with the applicant, nor indicate his
probable vote on the appeal.
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D. The Board shall not continue hearing on any appeal for which
the applicant or his representative fails to appear unless
the applicant has requested that the Board act without his
being present at the hearing. However, the Board shall hear
those persons appearing in response to the notice of hearing.
E. The Board shall set and announce publicly a "specified date"
for the continuance of the hearing. If a "specified date"
cannot be set, then new notices will be required and the same
time intervals will apply as with a new application. There
shall be only one continuance hearing per applicant.
2.9. BOARD'S QUESTIONS: The Chairman may direct any question to
the applicant or any persons speaking in order to bring out
all relevant facts, circumstances, and conditions affecting
the appeal, and shall call for questions from other members
of the Board and from the staff before closing the hearing on
each appeal.
2.10. DECISION: After all appeals have been heard each appeal shall be
reviewed and acted upon. During its review the Board may call
back any applicant for clarification of facts presented by him
in the hearing.
2.11. DISPOSITION OF APPEALS: The Board may grant, may grant with
modifications, or may deny an appeal. The Board may also defer
action on any appeal whenever it concludes that additional evi-
dence is needed or that alternate solutions need further study.
An appeal may be dismissed when the Board finds that the appeal
has been improperly filed or, upon notification by the Enforcing
Officer that permits have been issued for a conforming use or
development of the property.
2.12. VOTE REQUIRED: The concurring vote of four (4) members shall be
necessary to grant, or to grant conditionally, any matter
appealed to the Board. When a motion in favor of an applicant
fails to receive four (4) affirmative votes, the Executive
Secretary shall record that fact and he shall spread on the
minutes an entry stating that the Board has denied the appeal.
2.13. RECORDING OF VOTE: The minutes of the Board's proceedings shall
show the vote of each member on each decision of the Board, or
if absent or failing to vote shall indicate that fact.
2.14. DEFINITION: The official records shall include these rules and
regulations, and the minutes of the Board together with all fin-
dings, decisions, and other official actions. Stenographic
notes of the Recording Secretary and tape recordings of pro-
ceedings and discussions shall not constitute the official
record of the Board.
2.15. FILES -RETENTION: All appeals and other matters coming before
the Board shall be filed in the City's records. Original papers
of all appeals shall be retained along with other special matter
as the Executive Secretary deems essential for permanent record.
2.16. CERTIFIED COPY: A certified copy of these Rules and Regulations
and of any amendments thereto will be placed on record in the
office of the City Secretary within ten days following their
date of adoption.
SECTION XXIV
INTERPRETATION, PURPOSE, AND CONFLICT
In interpreting and applying the provisions of this Ordinance,
they shall be held to be the minimum requirements for the pro-
motion of the public safety, health, convenience, comfort,
morals, prosperity and general welfare. It is not intended by
this Ordinance to interfere with or abrogate or annul any ordi-
nance, rules, regulations, or permits previously adopted or
issued. and not in conflict with any of the provisons of this
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Ordinance, or which shall be adopted or issued pursuant to the
law relating to the use of building on premises, and likewise
not in conflict with this Ordinance; nor is it intended by this
Ordinance to interfere with or abrogate or annul any easements,
convenants or other agreements between parties, except that, if
this Ordinance imposes a greater restriction, this Ordinance
shall control.
SECTION XXV
VALIDITY
A. If any section, paragraph, subdivision, clause, phrase, or
provision of this Ordinance shall be adjudged invalid or
held unconstitutional, the same shall not affect the vali-
dity of this Ordinance as a whole or any part or provision
thereof other than the part so decided to be invalid or
unconstitutional.
B. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
This ordinance shall go into effect immediately from and after its
passage and publication as provided by law.
PASSED AND APPROVED this
ATTEST;
Cit Se retary
4th day of June , 1985.
David Clayton,--14ayor
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