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HomeMy WebLinkAbout1962-09-28 - Special City Council114 r_ Stephenville, Texas September 28, 1962. The City Council met in a called meeting on this date with Mayor Evans presiding and the following councilmen present: Virgil Dickerson, I. D. Reynolds, Wm. 0. Croft, Mark Geeslin, Albert Graves, Raymond Anderson, W. H. Stem and Harlan Huey. Mayor Evans welcomed a group of citizens to the Public Hearing on the proposed Zoning Ordinance. The mayor pointed out that it would take about 3 hours to go through this ordinance and asked that the meeting be a question and answer session. Chairman J. D. McCullough explained the purpose of this proposed ordinance and maps of each of the sections were shown. Mr. McCullough outlined briefly the require- ments of each section of the City. Most questions were in regard to zoning of the area along the new By -Pass Highway. Some citizens feel that a part of this area should have been zoned as business instead of residential. The Chairman of the Zoning Commission reported that after hearing the comments of citizens, the commission met briefly and would like to recommend that the council adopt the Zoning Ordinance in its entirety and as written. It was moved by Councilman Dickerson, seconded by Councilman Huey, to adopt the Zoning Ordinance as drawn up by the Zoning Commission. Motion carried. The mayor made the following appointments: Zoning and Adjustment Board: J. D. McCullough, Chairman, 2 year term. (Vice chairman to be appointed by the board). G. H. Maguire Jr., 1 year term. E. A. Blanchard, 2.year term. ZONING ORDINANCE STEPHENVILLE, AN ORDINANCE FOR THE PURPOSE OF PROMOTING THE HE. WELFARE OF THE COMMUNITY BY REGULATING AND RESTRICTIN AND OTHER STRUCTURES, SIZE OF YARDS AND OTHER OPEN SP. LOCATION, ERECTION, CONSTRUCTION, RECONSTRUCTION, ALT: BUILDINGS, STRUCTURES, AND LAND FOR RESIDENCE, TRADE, PROVIDING FOR THE AMENDMENT AND CHANGE IN SUCH REGULA SUCH DISTRICTS OR ZONES: DEFINING CERTAIN TERMS: PR AND METHOD OF PROCEDURE FOR ALL OTHER PURPOSES: AND L BE IT ORDAINED BY THE CITY COUNCIL OF STEPHENV SECTION 1 TITLE This ordinance shall be known, and may be cit of Stephenville,, Texas. R THE GENERAL F BUILDINGS PULATION, THE E OF ALL R PURPOSES: BOUNDARIES OF ADJUSTMENT oning Ordinance of the City SECTION 2 PURPOSE The zoning regulations and districts as herein established have been made in accor- dance with a comprehensive plan for the purpose of promoting health, safety, morals, and 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 concen- tration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reason - able 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. SECTION 3 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's; the word "lot" includes the word "plot ", and the word "shall" is mandatory and not merely permissive or directory. 1. ACCESSORY BUILDINGS AND USE A subordiante building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises. 2. ALLEY -A public or private thoroughfare which affords only a secondary means of access to property abutting thereon. 3. APARTMENT A room or suite of rooms in a multiple dwelling, or in a building in which more than one living unit is established above or on the same floor as nonresidential uses, which room or suite is intended, or designed for use as a residency by one family and which includes culinary accommodations. 4. APARTMENT HOUSE A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other, and doing their own cooking in said building, including apartments and apartment- hotels. 5. BOARDING HOUSE A building, other than a hotel, where for compensation and by pre - arrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons. //4�� 12.' DWELLING, MULTIPLE A building having accommodations for and occupied exclusively by more than two (2) families. 6. BUILDING Any structure designed or intended for the support, enclosure, shelter, or pro- tection of perons, animals, chattels, or property. 7. CLINIC 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. 8. DISTRICT 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. 9. DWELLING Any building or portion thereof which is designed and used exclusively for residential purposes. 10' .' `DNE L LTNN' G;:. INGL k, >FAT Lylllfll A building having accommodations for and occupied exclusively by one (1) family. 11. DWELLING, TWO FAMILY OR DUPLEX Aee � 2 A building having accommodations for and occupied exclusively by two (2) families, 13. FAMILY One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a,group occupying a boarding house, lodging house, or hotel as herein defined, 14. FILLING STATION OR SERVICE STATION _ Any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels, or oils. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage, or retail store, the premises are classified as a public garage or retail store. 15. FRONTAGE All the property on one side of a street between two intersecting 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 and intersecting street and the dead -end of the street, 16, GARAGE, PRIVATE An accessory building or portion of the main use building, designed for or used for the housing or motor - driven vehicles which are the property of and for the private 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 and one -half (12) tons capacity. 17, GARAGE, PUBLIC A building or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring, servicing, selling, or storing motor - driven vehicles. 18. 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. i' 19. HEIGHT OF BUILDING The vertical distance from the grade to the highest point of the coping of a flat roog, to the deck line of a mansard roof, or the mean height level between the eaves and ridge for a gable, hip and gambrel roofs. 20, HOME OCCUPATION Any occupant or profession engaged in by the occupants of a dwelling not involving //, e- 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. Home occupations shall include, in general, personal services such as furnished by an architect, lawyer, physician, dentist, musician, artist, and seam- stress, when performed by the person occupying the building as his or her private dwelling and not including a partnership or the employment of more than one assistant in the per- formance of such services. 21. HOTEL A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment which are herein defined. 22. LODGING HOUSE 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. 23. LOT A: parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one (1) main building with its accessory buildings, the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street or upon an officially approved place. 24. LOT, CORNER A lot abutting upon two (2) or more streets at their intersection. 25. LOT, DEPTH OF The mean horizontal distance between the front and rear lot lines. 26. NONACONFORMING USE Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto, which does not conform after the passage of this ordinance or amendment thereto with the use regulations of the district in which it is situated. 27. PARKING SPACE An area enclosed or un- enclosed containing not less than one hundred and sixty (160) square feet exclusive of the driveways connecting siad space with a street or alley. Said parking space and connecting driveways shall be durably surfaced and so arranged to permit satisfactory ingressand egress of an automobile. 28. STORY That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it then the space between the floor and the ceiling next above it. 29. STREET property. A public thoroughfare which affords the principal means of access to abutting 30. STRUCTURE Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, poster boards, and pergolas. 31. STRUCTURAL ALTERATIONS Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior, walls. -_ 32. TRAILER Any structure used for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings and which is, has been, or reasonably may be equipped with wheels or other devices for transportirgthe structure from place to place., whether by motive power or other means. The term "trailer" shall include camp car and house car. For the purposes of this ordinance a trailer is a single - family dwelling and shall conform to all regulations therefor when not located in a trailer camp as herein defined. 33. TRAILER CAMP OR TRAILER COACH PARK A lot or tract of land where facilities and accommodations are provided by the day, week, month, or for a longer period of time, for or without compensation, for two or more trailers when such trailers are being used for human habitation. 34• TOURIST COURT (Auto Courts, Motels, or Motor Lodges) A group of attached, semi - detached, or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists, or transients, with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer term rental rates, and maintaining a register of guest and/or their vehicles. 35. USED CAR 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 automobiles, or the dismantling of automobiles, or the storage of automobile parts. 36. 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. 37. 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. 38. 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 corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. 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. 39. YARD, SIDE A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard line. SECTION 4 DISTRICTS 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 six classes in number, and which shall be known as: "R -1" One- Family Dwelling District "R -2" Duplex and Apartment District "B -1" Neighborhood Business.District "B -2" Secondary & Highway Business District "I" Industrial District "B -3" Central Business District The boundaries of the districts, described above, are shown on the map that is attached hereto and made apart of this Ordinance, which map 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 identified and varifide in the manner following: it shall bear the title "ZONING DISTRICT MAP ---- STEPHENVILLE, TEXAS "; it shall bear even date with the passing of this Ordinance; it shall bear the name of the Mayor; and, it shall be attested by the signature of the City Secretary. The original of 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 aland 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 classi- fied as "R -1" One - Family Dwelling District, until permanently zoned by the governing body of the City of Stephenville, Texas. The City Planning & 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 is provided by law for the adoption of original zoning regulations, except as hereinafter provided: 1. No building shall be erected, converted, enlarged, reconstructed, or'structur- ally 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 structur- ally 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, re- quired by this Ordinance for each and every building existing at the time of the passage of'this ordinance, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced to an area less than the district requirements of this ordinance. 4. Every building hereafter erected or structurally altered shall be on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot except as otherwise provided in this ordinance. SECTION 5 "R -1" ONE- FAMILY DWELLING DISTRICT The following regulations shall apply to the "R -1" One- Family Dwelling District: A. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Single- family dwellings. 2. Church (except temporary revival). 3. School, public or private, having a curriculum equal to a public elementary, high school, or institution of higher learning. 4. Public parks, playgrounds, golf courses (except miniature golf), public recreation, and community buildings. 5. Municipal buildings, nonprofit libraries or museums, police and fire stations. 6. Farms, nurseries, truck gardens and greenhouses, provided no sales office is maintained. 7. Customary home occupations. 8. Accessory buildings and accessory uses, customarily incident to the above uses (not involving the conduct of a business), when located on the same lot, including a private garage for one or more cars, bonafide servant's quarters not for rent or used for commercial purposes. 9. Signs: a. One unlighted sign, which shall not exceed one (1) square foot in area, indicating the name of the occupant or occupation of a customary home occupation, provided the sign is attached flat -wise to the building. or school. b. One sign, which shall not exceed eighteen (18) square feet, for church C. One sign which shall not exceed four (4) square feet in area for tempor- ary unlighted sign pertaining to the lease, hire, or sale of building or premises, pro- vided the sign is immediately removed upon the lease, hire, or sale of such building or premises. B.. HEIGHT REGULATIONS: No building shall exceed thirty -five (35) feet in height except as provided in Section 11 hereof. C. AREA REGULATIONS: 1. Front Yard: There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be thirty (30) feet. 2. Side Yards:: There shall be a side yard on each side of a building of not less than ten percent (10 %) of the width of the lot, but such side yard need not exceed six (6) feet and shall not be less than five (5) feet. 3. Rear Yard: The depth of the rear yard shall be at least thirty percent (30 %) of the depth of the lot, but such depth need not be more than forty (40) feet. D. SIZE REGULATION: The minimum area of the main building shall be 1000 square feet, exclusive- of garage, breezeways, porches, and servants quarters. E. INTENSITY OF USE: Every lot or tract of land shall have an area of not less than six thousand (6000) square feet and an average widh of not less than sixty (60) feet, except that if a lot or tract should have less area or width than is herein required and its „boun - dary lineN along their entire length should touch lands under other ownership on the effective date of this ordinance and shall not have been changed since said date, such parcel of land may be used for a single family dwelling. F. PARKING REGULATIONS: S6_e_9e`ction 12. G. ADDITIONAL USE HEIGHT AND AREA REGULATIONS: Additional use, height, and area regulations and exceptions are found in Sec - tion 11 of this ordinance. SECTION 6 "R -2 DUPLEX AND APARTMENT DISTRICT The following regulations shall apply to the "R -2” Duplex and Apartment District: A. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the "R -1" One - Family Dwelling District, 2. Two - family or Duplex dwellings. 3. Apartment houses or multiple family dwellings. 4. Boarding, lodging, and rooming houses. 5. Hospitals, excepting tubercular, liquor, narcotic, insane, feebleminded, or animal hospitals. —, a,6. Private clubs, fraternities,, sororities, and lodges, excepting those the chief activity of which is a service customarily carried on as a business. 7. Institution of a religious, educational or philanthropic nature. - B. HEIGHT REGULATIONS: No building shall exceed thirty -five (35) feet in height. C. YARD REGULATIONS: 1. Front Yard: There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty -five (25) feet. 2. Side Yards: There shall be a side yard on each side of a building of not -less than ten percent (10%) of the width of the lot, but such side yard need not exceed five.(5)_feet and shall not be less than four (4) feet. 3. Rear Yard: The depth of the rear yard shall be at least twenty -five percent 1 (250 of the depth of the lot, but such depth need not be more than twenty -five '(25) feet.. D. SIZE REGULATION The minimum area of the main building shall be 800 square feet, exclusive of garage, breezeways, and porches. E. INTENSITY OF USE: Except as hereinafter provided, all dwellings hereafter erected, enlarged, rem- located, or reconstructed shall be located on lots containing the following areas: 1. A lot on which there is erected a single or two - family dwelling shall contain an area of not less than six thousand (6000) square feet, and an average width of not less than fifty (50) feet. 2. A lot on which there is erected an apartment house or multiple family dwelling shall contain an area of not less than 6000 square feet plus 600 square feet for each additional apartment in excess of two. 3. Where lines along their a lot entire or tract has less area than herein required and its boundary 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. F. PARKING REGULATIONS: See Section 12. G. ADDITIONAL USE HEIGHT AND AREA REGULATIONS: Additional Use, Height, and Area Regulations and exceptions are found in Section 11 herein. SECTION 7 "B -1" NEIGHBORHOOD BUSINESS DISTRICT The following regulations shall apply to the "B -1" Neighborhood Business District. A. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the "R -2" Duplex and Apartment District. 2. Advertising signs, when the same are attached to a building and advertise only services, articles, or products which are offered within the building to which such sign is attached, and provided that such signs shall not extend above the outside walls of such buildings, nor more than one (1) foot from the face of the walls of such building, nor shall?.it!:contain an area of more than twelve (12) square feet. One free standing sign not to exceed twenty -four (24) feet in height will be allowed in the front yard provided such sign does not exceed thirty (30) square feet in area. 3. Automobile parking lots. 4. Bakery - employing not more than five (5) persons. 5. Bank 6. Beauty parlor 7. Barber Shop 8. Cleaning, pressing, and dyeing plants employing not more than five (5) persons each. 9. Clinic 10. Laundries, employing not more than five (5) persons on the premises. 11. Laundries, - self service 12. Ice retail distributing station, no manufacture, and capacity not to exceed five (5) tons storage. 13. Job printing, provided total mechanical power used in operation of such printing plant shall not exceed five (5) horsepower. 14. Lodge Halls 15. Mortuaries 16. Offices 17. Radio repair and sales shops 18. Radio studios 19. Real Estate Office 20. Restaurant, cafes, cafeterias, and taverns'. 21. Stores and shops for the sale of product at retail only. 22. Studio (Art, Photo, Music) B. HEIGHT REGULATIONS: No building shall exceed thirty -five (35) feet in hB.ight. C. YARD REGULATIONS-. 1. Front Yard: There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty (20) feet, 2. Side Yards: For uses permitted in the "R -2" District the side yard regulations for that district shall apply. For additional uses permitted in the "B -1" District no side yards are required except that on a corner lot the side yard on a street side shall be twenty (20) 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" district there shall be a side yard of not less than five (5) feet. 3. Rear Yard: For uses permitted in the "R -2" District the rear yard shall be t're same as in the "R -2" District. For all other uses a rear yard is not required except when it abutts upon an "R -1 ", "R -2" District in which case there shall be a rear yard of not less than ten (10) feet. D. INTENSITY OF USE: For uses permitted in the "R -211 District the minimum lot area and minimum lot width whall be the same as in the "R -2" District. There are no minimum lot area or lot width requirements for other uses.. i E. PARKING REGULATIONS: See Section 12. F. ADDITIONAL USE HEIGHT AND AREA REGULATIONS: Additional Use, Height, and Area regulations and exceptions are found in Section 11 herein. SECTION 8 "B -2" SECONDARY AND HIGHWAY BUSINESS DISTRICT The following regulations shall apply to the "B -2" Secondary and Highway Business District :. A. USE REGULATIONS: A building or premises shall be used only for the following purposes:. 1. Any use permitted in the "B -1" Neighborhood Business District. 2. Automobile salesroom and accompanying service facilities. 3. Bakery 4. Billboards and poster boards. 5, Dance hall and skating rink. 6. Frozen food locker plant. 7. Garage, Public 8. Hotel 9. Moving picture house or theatre. 10. Laundry and cleaning 11. Service Station 12. Tourist Court or Motel 13. Trailer Camp or mobile homes court. 14. Any retail business not included in the Neighborhood Business'District, provided that such use is not noxious or offensive by reason of vibrations, smoke, odor, dust, gas, or noise. B. HEIGHT REGULATIONS: No building shall exceed thirty -five (35) feet in height. C. YARD REGULATIONS: 1. Front Yards For uses permitted in the "R -2" District, the front yard requirements for the "R -2" District shall apply. For other uses permitted in this district a front yard of twenty (20) feet in depth is required. 2. Side Yards:' For uses permitted in the "R -2" District, the Side Yard requirements for the "R -2" District shall apply. For other.uses no side yards are required. 3. Rear Yard: For uses permitted in th shall apply. There are no rear yard shall not exceed three hundred (300) Dw INTENSITY OF USE: For uses permitted in the "R width shall be the same as the "R -2" width requirements for other uses. "R -2" District, the "R -2" District regulations regulations for other uses. Lots in this section feet in depth. -2" District the minimum lot area and minimum lot District. 'There are no minimum lot area or lot E. PARKING REGULATIONS: See Section 12, F. ADDITIONAL USE, HEIGHT, AND AREA REGULATIONS. - Additional Use, Height, and Area Regulations and exceptions are found in Section 11 herein. SECTION 9 "B -3" CENTRAL BUSINESS DISTRICT The following regulations shall apply to the "B -3" Central Business District:. A. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in "B -2" District. 2. Storage in bulk, or warehouse for such material as household goods, clothing, drugs, glass, dry goods, furniture, hardware, groceries, millinery, and shop supplies. 3. Wholesale sales room. B. HEIGHT REGULATIONS: No building hereafter erected or structurally altered shall exceed seventy -five (75) feet. C. YARD REGULATIONS: 1. Front Yard: For uses permitted in the "R -2" District, the front yard requirements for the "R -2" District shall apply. For other uses no front yard is required. 2. Side Yards: For uses permitted in the "R -2" District the side yard requirements for the "R -2" District shall apply. For other uses there are no side yard requirements. 3. Rear Yard: For uses permitted in the "R -2" District, the rear yard regulations for the "R -2" District shall apply. For other uses there are no rear yard regulations. D. INTENSITY OF USE: For uses permitted in the "R'. -2" District, the minimum lot width shall be the same as in the "R -2" District. There are no minimum lot area or lot width requirements for other uses. E. PARKING REGULATIONS: See Section 12. F. ADDITIONAL USE HEIGHT AND AREA REGULATIONS• Additional use, Height, and Area regulations and exceptions are found in Section 11 herein. SECTION 10 "I" INDUSTRIAL DISTRICT The following regulations shall apply to the "I" Industrial District: A. USE REGULATIONS: Any building or premises may be used for any purpose not in conflict with any ordinance of the City of Stephenville, Texas, provided that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the City Council following a recommendation by the Planning Commission: 1. Cement or lime manufacture. 2. Distillation of bones. 3. Explosive manufacture or storage. 4. Fat rendering 5. Garbage, of all or dead animal incineration, reduction or dumping. 6. Junk yards or automobile wrecking yards. 7. Petroleum refinery 8. Slaughter and dressing of animals (not including poultry and rabbits) 9. Stockyards 10. Wholesale storage of gasoline or other petroleum products in carload lots or more above ground or any other use which is obnoxious or offensive by reason of odor, dust, smoke, gas or noise. B. HEIGHT REGULATIONS: No building shall exceed seventy -five (75) feet. - C. YARD REGULATIONS: 1. Front Yard: For uses permitted in the "R -2" District the front yard requirement for the "R -2" District shall apply. For other uses there is no front yard requirement. 2, Side Yards: For uses permitted in the "R -2" District the side yard requirements for the "R -2" District shall apply. For other uses no side yards.are required. 3. Rear Yard: For uses permitted in the "R -2" District the rear yard requirement for the "R -2" District shall apply. For other uses there is no rear yard requirements. D. INTENSITY OF USE: For uses permitted in the "R -2" District the minimum lot area and minimum lot width shall be the same as in the "R -2" District, There are no minimum lot area or lot width requirements for other uses. E. PARKING REGULATIONS: See Section 12. F. ADDITIONAL USE, HEIGHT, AND AREA REGULATIONS: Additional Use, Height, Section 11 herein. and Area Regulations and exceptions are found in SECTION 11 ADDITIONAL USE, HEIGHT, AND AREA REGULATIONS AND EXCEPTIONS A. USE REGULATIONS:' 1. Accessory Buildings: No accessory building shall be constructed upon a lot until the construc- tion 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. 2. 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. B. HEIGHT REGULATIONS: 1. Public, semi - public, or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) 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 (1) foot for each two (2) feet additional height above the height limit otherwise pro- vided in the district in which the building is located. 2. Chimneys, cooling towers, elevator bulk heads, fire towers, grain elevators, flour mills, monuments, stacks, or scenery lofts, tanks, water towers, ornamental towers; and spired churches 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 absences of any such ordinance there shall be no height limitations.of there structures. C. AREA AND DENSITY REGULATIONS: 1:. In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above the commercial or industrial uses, no side yards will be required for the residential portions of the building, provided that the part of the building intended for residential use is not more than two (2) rooms deed from front to rear. 2. No yard or other open space provided about any building for the purposes of complying with the provisions of these regulations 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 ordinary projections of skylights, sills, belt courses, cornices, and other ornaawAtal features which may.project into such yards _a distance of not more than two (2) feet. 3. Open, unenclosed proches, 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 (6) feet. 4. Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required side yard provided these projections be distant at least two (2) feet from the adjacent side off' lot line. 5. Front Yard: a. Where forty (40)pereent or more of the frontage on one side of a street between two intersecting streets is developed with building that have observed (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new, building shall not be erected closer to the street than the front yard so established byys,he existing buildings. b. 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 not observed a front yard as described above, then, Where a in one hundred (100) feet of existing gbuildings oneboth sides�athel d minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on the two sides, or (2) Where a building is to be erected on a parcel of land that is with- in one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building. (3) in determining such front yard depth, buildings located entirely on the rear one -half (2) of a lot shall not be counted. C. Vision Clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign or other structures, or any plant growth shall be per- mitted or maintained higher than two (2) feet above the curb level within fifteen (15) feet of the intersection of the property lines. 6. Side Yards: a. The minimum width of a side yard of a corner lot in the "R -1" and "R -2" Districts shall be not less than ten (10) 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 (25) feet back from the street line, in which case the side yard need not be more than twenty -five ('25) feet. b. A side yard of not less than twenty -five V25)feet on the side of the lot adjoining on an "R -1" or "R -211 District shall be provided for all schools, libraries, churches, community houses, clubs, and other prulic or semi - public buildings hereafter - erected or structurally altered. c. Where a lot in the "B -2 ", "B -3 ", or "I" Districts is not used for res- idential purposes and abuts upon "R -1" or "R -2" District a side yard shall be provided of not less than five (5) feet. d. Garages detached or attached to the main use building entering on the side street of a corner lot, shall maintain a side yard of twenty (20) feet in front of the garage. 7. Rear Yard: A. In the "R -1" or "R -2" Districts accessory buildings shall not occupy more than thirty (30) percent of the required minimum rear yard area. Accessory build- ings shall be a minimum of twelve (12) feet from the main use building. In the "R -1" and "R -2" Districts no accessory building shall be more than one (1) story in height. b. In computing the depth of a rear yard where such yard opens into an alley, one -half (2) of the width of such alley may be assumed to be a portion of the required yard. D. LOADING AND UNLOADING REGULATIONS: In the "B -1 ", "B -2", "B -3" and "I" Districts buildings used for storing mer- chandise shall provide for off street loading and unloading areas within the building, on the adjacent lot to a public alley or a private service drive to facilitate the move- ment of traffic on the public streets. SEOTION 12 PARKING SPACE FOR VEHICLES In all zoned districts there shall be provided, in connection with appropriate allowable uses, off - street vehicle parking spaces in accordance with the following requirements (1) One- family dwelling, in all districts shall provide on each lot, one (1) vehicle parking space, as defined in Section 3. (2) For duplex and apartment houses in Sections R1, B1, B2, B3, and I, one (1) parking space, as defined in Section 3, shall be provided and maintained on the lot for - - -- each dwelling unit in the building. L (3) For each. permissable use hereinafter stated or implied in the Bl and B2 districts or other districts, unless served by parking meters there shall be provided on the property or on a site within 300 feet from the principal use property a' parking space open or enclosed with egress and ingress totaling 250 square feet for each motor ve- hicle in accordance with the following use classification: (a) Automobile Service: Filling Stations Public Garage Sales Room (b) Business Service: Bank Office Postal Station (c) Clothing Services: Laundry Agency elf-service Laundry Dress Making Tailor Shop Shoe Repair Shop Dry Cleaning and Pressing (d) Equipment Service: Radio Shop Electric Appliance Shop Record Shop (e) Food Services: Grocery Store Supermarket Restaurant Delicatessen Roadside Sales Stand or °Drive -In't Bakery Cold Storage, Lockers Boarding Houses (f) Personal Services: Barber Shop Beauty Shop Photographic Studio (g) Retail Service (Retail Stores Generally): Drug Store Haberdasher Stationer News Dealer Apparel Shop Commercial Greenhouse (h) Commercial Recreation: Bowling Alley Dancing Academy or Hall Night Club Skating Rink Use: Automobile and business service uses, listed in catergories (a) and (b) Uses listed in catergories (c) to (g) inclusive above. Commerical Recreation uses as listed in Category (h) above Private Club or Lodge Theatres Churches Number of Parking Spaces: One space for each 3 employees or occupants. One for each 200 square feet of floor area. One space for each 125 square feet of floor space. One space for each 200 square feet of floor space. One space for each 6 seats. One space for each 6 seats in the auditorium. Hotels, Rooming, & Lodging Houses Mortuary or Undertaking Establish- ment Moted's & Tourist Courts Municipal or Government Buildings, Public Library or Museum. Public Auditorium Schools: Public or Parochial College Hospital, Medical and Dental Clinics Baseball Parks, Stadium, Amusement Park and Athletic Fields Office Buildings or Professional Buildings Industrial Buildings One space for each 3 sleeping rooms. One space for each 6 seats in chapel. One space for each unit. One space for each 200 square feet of ground floor area. One space for each 6 seats Elementary School -One space for each 10 students and staff. Junior High School - One space for each 8 students and staff Senior High School- One space for each 5 students and staff. One space for each 3 students and staff. Hospital - One space for each 200 square feet of sleeping area for patients. Medical and Dental Clinic - One space for each 200 square feet of floor area. One space for each 10 seats One space for each 200 square feet of floor area for one -story building and one space for each 500 square feet of upper floors. One space for each three (3) employees. SECTION 13 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 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 shall be in conformity with regulations of the district in which it lies. B. Nonrconforming Use of Buildings: Except as otherwise provided in this Article, the non - conforming use of a build- ing existing at the time this ordinance becomes effective may be continured, and the use of a non - conforming building may be changed to another use of the same or more restricted classification, 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 classification. A noncon- forming building which is or may hereafter become vacant and which shall remain unoccupied or its non - conforming use discarded for a continuous 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. 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 build- ing is located except in the event such enlargement, extension, reconstruction or alter- ation is required by court decision, law, or ordinance. 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. 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 (50) percent 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 14 PERMITS No permit for the erection, alteration, or enlargement of any building shall be issued by the Building Inspector unless there first be filed in his office by the applicant therefor, a plan, drawn to scale, and in such form as may be prescribed by the said Building Inspector, correctly showing the location and actualildimensions of the lot to be occupied the dimensions and location on the lot of the building to be erected, altered or eniarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended or desin- ned, and furnishing, such other information as the Building Inspector may require in the enforcement of the provisions of this ordinance, and any failure to comply with the provisions of this ordinance shall be good cause for the revocation of any such building permit by the Building Inspector. A record of such applications and plans shall be kept in the office of the Building Inspector. All outstanding permits shall be valid for a maximum period of nine months after adoption of this ordinance. All building permits issued after the adoption of this ordinance shall b)e valid for a_period of nine months. SECTION 15 COMMUNITY UNIT PLAN The owner or owners of any tract of land in Stephenville, Texas, comprising an area of not less than ten (10) acres may submit to the City Building Inspector a plan for the use and development of all of the tract of land for residential purposes.. The development plan shall be referred to the City Zoning Commission for study, public hear- ing, and report. The Commissionst recommendations and report together with the plans shall be submitted to the City Council within thirty (30) days for consideration and action. The recommendations and report by the Zoning Commission shall contain specific evidence and facts showing whether or not the proposed project meets the following conditions: 1. The property adjacent to the area included in the plan will not be adversely affected. 2. The plan is consistent with the intent and purposes of this ordinance to pro- mote public health, safety, morals, and general welfare. 3. The buildings will be used only for purposes provided for in the "R -1" and "R -2" Districts. 4. The average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located. If the City Council approves the plan, building permits and certificates of occupancy may be issued even though the use of the land and the location of the build- ings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulation of the district in which it is located. SECTION 16 NEIOHBORHOOD SHOPPING CENTER The owner of owners of any tract of land comprising an area of not less than two and one -half (22) acres and not lying within a business district, may submit a develop- ment plan for a Neighborhood Shopping Center. Such application shall be processed in accordance with the provisions of Section 20 of this Ordinance. The City Zoning Commission may recommend to the City Council that such application be approved if the application be approved if the application conforms to the following: 1. The uses permitted in the Center be limited to those of the B -1 Neighborhood Business District as listed in Section 7 of this ordinance.. 1- 2. The entire development be designed as a single architectural unit with appro- priate landscape and architectural treatment of the entire area. 3. That at least four (4) times the gross floor area of the stores included in the development is provided in off- street parking areas which are integral parts of the design or the unit plan. 4. That the appropriate use of property adjacent to the area included in the plan will be fully safeguarded, and to this end the City may make such requirements as it deems necessary. 5. That satisfactory evidence be submitted that the automobile parking areas and the landscaped areas will be properly constructed and maintained. 6. That the plan is consistent with the intent and purposes of this Ordinance to promote the public health, safety, and general welfare. J SECTION 17 CERTIFICATE OF OCCUPANCY A. No vacant land shall be occupied or used except for agricultural uses, until a certificate of occupancy shall have been issued by the Building Inspector. B. No premises shall be used and no building hereafter erected or structurally MOW !/�L_ o altered shall be used, occupied, or changed in use, until a certificate of occupancy and compliance shall have been issued by the Building laws and the provisions of these regulations. 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 building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the 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. Ap- plication for a certificate of occupancy for non - conforming uses shall be filed within twelve (12) months from the effective date of this Ordinance, with the Building Inspector. SECTION 18 BOUNDARIES OF DISTRICTS Rules where uncertainty may arise: Where uncertainity exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Ordinance, the following rules apply: A. The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Ordinance 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 pro- perty 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 map accompanying and made -a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. C. In unsubdivided property, the district boundary lines on the map accompanying and made apart of this ordinance shall be determined by use of the scale appearing on the map. SECTION 19 BOARD OF ADJUSTMENT A. A Board of Adjustment is hereby established. B. The Board of Adjustment shall consist of five (5) members who are property owners in the City of Stephenville, Texas, each to be appointed for a term of two (2) years and. removable for cause by the City Council upon written charges and after public hearing; Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. C. The Board shall adopt -rules in accordance with the provisions of this ordinance. Meetings of the Board shall beheld at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. The con- curring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. D. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Stephenville, Texas, affected by any decision of the Building Inspector. Such appeal shall be taken within a reason- able time, as provided by the rules of the Board, by filing with officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof, and by paying a filing fee of Five Dollars ($5.00) to the Tax Collector of the City of Stephenville, Texas, at the time the notice is filed, which shall be credited to the General Fund of the City of Stephenville, Texas. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all pro- ceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may 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 the cause shown, The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice `::thereof, as well as due notice to the parties in interest, °and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney, E. The Board of Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance. 2. When a property owner can show that a strict application df 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 of this ordinance, and the Board is satisfied, under the evidence 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 varia- tion from the comprehensive plan by this ordinance created, 3, The Board may authorize a variance where by reason of exceptional narrow- ness, shallowness or shape of a specific piece of property of record at the time of the adoption of this ordinance 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 hard- ship upon the owner of the property and amount to a practical confiscation of the pro- perty 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 regulations and provisions contained in this ordinance. 4. Special Exceptions, When in its judgment 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 regulations herein established as follows: (a) To 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 (50) feet beyond the boundary line of the district in which such building 6r 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) To determine in cases of uncertainty the classification of any use not specifically named in this ordinance. (f) To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divided a lot in a single owner -ship at the time of the adoption of this ordinance. (g) To 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 of not more than fifty (50) feet 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 (3) feet nor more than six (6) feet. Such fence or enclosure shall conform to the front yard reg- ulations of the district in which it is located, (2) The area shall be paved. (3) No parking of vehicles shall be permitted within six (6) feet of any adjoining lot on which is located a single family residence, duplex or multiple dwelling. (4) One sign, not exceeding two and one -half (22) square feet in area, may be erected identifying the lot. (5) No charges may be made for parking and no other business use may be made of the lot. (6) 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. (h) 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. 5. Any appeal or permit by the Board of Adjustment shall not be valid if construc- tion authorized by said permit is not begun within a period of sixty (60) days. F. 1. In exercising the above mentioned powers such Board may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modity the order, requirement, decision, or determination appealed, from and may make such order, require- ment, decision or determination as ought to be made, and that end shall have all the powers of the officer from whom the appeal is taken. 2. In considering all appeals and all proposed variations to this ordinance the Board shall, before making any finding, in a specific case, first determine that the proposed variation will not constitute any change in the District Map and will not impair an adequate supply of light and air to adjacent property, or materially increase the. congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, and welfare of the City of Stephenville, Texas. 3. Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying the variation. SECTION 20 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, supplement or change, the Council shall submit the same to the City Zoning Commission for its recommendation 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 (151 days from the first day of such publication.. D. Unless such proposed amendment, supplement or change has been approved by the City Zoning Commission or if a protest against such amendment, supplement or change has been filed with the Building Inspector, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the area of the lots included in such proposed change, or those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending #wo hundred (200) feet 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 21 ENFORCEMENT AND PENALTY FOR VIOLATION It shall be the duty of the building inspector to enforce the provisions of this ordinance, and to refuse to issue any permit for any building, or for the use of any premises, which would violate any of the provisions of said ordinance. 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 Build- ing Inspector is authorized and directed to institute any appropriate action to put an end to any such violation. Any person or corporation who shall vialate any of the provisions of this ordi- nance 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 1. conviction thereof shall be fined as herein - before provided. SECTION 22 i INTERPRETATION, PURPOSE AND CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, con- venience, comfort, morals, prosperity and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued pursuant to 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, covenants or other agreements between parties, except that, if this ordinance imposes a greater restriction, this ordinance shall control. SECTION 23 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 validity 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. i SECTION 24 WHEN EFFECTIVE This ordinance shall be in full force and effective from and after its passage And publication as provided by law. CITY OF STEPHENV B Vayor ATTES City Secretary JOSEPH A.GHA-NDEER ATTORNEY- AT-LAW NE LETT -KING BDILDINO STEPHEN LLE,TEX s June 5, 1959 Honorable J. Louis Evans Mayor,Gity of Stephenville Stephenville, Texas Dear Mayor: Re: Zoning Powers and Procedure, City of Stephenville In pursuance of request by City Council at its last meeting I herewith submit to you a summary of the statutes on zoning powers and procedure of general law cities. These powers and this procedure are set out in Articles 1011a to lolli of the Revised Civil Statutes of Texas. Grant of Power for Zoning: This is the opening statute which confers upon general law cities, in fact all cities, the power to zone in the interest of health, safety, morals or general welfare. Article 1011a Districts: This authorizes the City Council to divide the city into disir icts of such number, shape and area as deemed best suited to carry out the purposes of the act and to regulate and restrict the erection, construction, reconstruction, alter- ation, repair or use of buildings, structures or land. Article 1011b Pur oses °in View: This statute requres-dis regulations to be in accordance w the comprehensive plan designed to lessen congestion in the streets, to secure safety from fire and other dangers, to promote health and the general welfare, to prevent overcrowding, to provide schools, parks, etc. It is further required that such regulations be made with reasonable consideration and that the act shall not enable cities and towns to require the removal or destruction of property existing at the time the zoning goes into effect. Article 1011c Method of Procedure: Council or other governing body is given ant or y to pro de for the manner in which such zon- ing regulations, restrictions and boundaries shall be determined and enforced and from time to time changed or supplemented. No regulation, restriction or boundary shall become effective until after a public hearing thereon at which parties interested and citizens shall have an opportunity to be heard and 15 days' notice of the time and place of the hearing must be published in the newspaper of the town. Article 1011d Page 2 - Honorable J. Louis Evans Changes: This provides for changes in the regulations, restrictions and boundaries originally set up. No such changes may be made if 20 per cent of the pwoors in the area object there- to until there is a vote which must carry by three - fourths majority of the City Council. The provisions for notice and public hearing with reference to any changes mentioned in the preceding paragraph applies hero. Article 101le Zonin Cow mmission: This provides that the Council shall appoint a commission –to recommend the boundaries of the various original districts and the regulations to be enforced therein. This commission must make a preliminary report and hold public hearings before submitting its final report on the zoning set up. The Council shall not hold its public hearings or take action until the final report of this commission is received by it. Where a city plan commission already exists it may also be appointed as a zoning commission. Written notice of all public hearings before the zoning commission on proposed changes and classification must be sent to owners of real property within 200 feet of the property on which the change is proposed which notice must be not less than 10 days before the date set for hearing and must be to all owners who have rendered their property for city taxes as the ownership appears on the last City Tax Roll. $uch notice is given by U. S. Mail. Article 1011f Board of Adjustment: Provision is heremade for a 5- member Board ea o` ee appointed for a 2 -year term, which may be by the City Council. This Board of Adjustment may make special exceptions to the terms of the ordinance in harmony with its general purposes and intent. Appeals to the Board may be taken by any person desiring changes made in zoning regulations or by any officer, department, board or bureau of the City which is affected by any decision on zoning. This statute is'long and provides in detail the procedure before the Board and the matters that it can consider." Article 1011g Enforcement and Remedies: This confers upon the City Council power to enforce Me zoning ordinance and regulations by criminal punishment and also by civil penalties. Further the Council has authority to take action in court for injunction to restrain, correct or abate violations of the zoning ordinance and regulations. Article 1011h Buildings fo_r Telephone Service Excepted: This specifi.� Bally excepts ffrom —the zoning one central o7fice buildings of corporations, firms or individuals engaged in furnishing telephone Page 3 - Honorable J1 Louis Evans service to the public and to the location, construction, mainte.�-,- iance or use of any equipment in connection with such buildings or a part of such telephone system, necessary in the furnishing of telephone service to the public. :Apparently the telephone people succeeded in getting this exception made to the zoning ordinance which gives them special privileges to erect their telephone buildings at any place in a city. Article 1011i It appears from the above that zoning is somewhat a complicated process. It can be carried out but it takes time and a great deal of work. Some steps were taken in the early 1940's to exploreuzoning -in Stephenville but there was so much opposition at the time that no ordinance was passed. Very truly yours, Q. Jo ph A. Chandler JAGsreg Cc: Mr. Hex Cates, City Secretary Stephenville, Texas Claude Bryant, 2 year term. Paul Kilgore, 1 year term. The City Secretary, Building Inspector, and Secretary to the Board, with author - ity to delegate work. J There being no other business, the Council stood adjourned s bject Fo the Mayorts call. 7 Mayor. ATP ty ecretary. i i J