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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. 63 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. 64 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. 65 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. m 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, 67 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. 70 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: 71 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 72 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 73 "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. 122 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. 123 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. 124 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, 125 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. 126 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 127 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 128 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. 129 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. 130 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 131 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. 132 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 133 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. 134 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 135 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 136