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HomeMy WebLinkAboutOrdinances (08)-05/18/1956 -.' ... ~ (" I ORDINANCE NO. 8 AN ORDINANCE ESTABLISHING TEMPORARY ZONING REGULATIONS AND DISTRICTS IN THE VILLAGE OF COLLEYVILLE, TEXAS, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, AND REGULATING AND REDISTRICTING THE TYPE AND CHARACTER OF CONSTRUCTION OF BUILDINGS AND OTHER STRUCTURES IN SUCH DISTRICTS; THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED; THE SIZE OF YARDS, AND OTHER OPEN SPACES; THE DENSITY OF POPU- LATION; LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR RESIDENCES AND COMMERCIAL PURPOSES; DIVIDING THE VILLAGE OF COLLEYVILLE, TEXAS, INTO TWO DISTRICTS AND REGULATING THE ERECTION, CONSTRUCTION, RECONSTRUC- TION, LOCATING AND RELOCATING, ALTERATION, REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH DIS- TRICTS; FURTHER PROVIDING THAT ANY PERSON, FI~f OR CORPORATION VIO~~TING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF SHALL BE FINED IN A SUM OF NOT MORE THAN $100.00, AND THAT EACH DAY SUCH VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE; FURTHER PROVIDING THAT'SUCH VIO~~TIONS OF PROVISIONS OF THIS ORDINANCE BEI~~G DECLARED HEREIN AS A MISDE~mANOR SHALL NOT PRECLUDE THE VILL~GE OF COLLEY- VILLE, TEXAS, FROM INVOKING THE CIVIL REMEDIES GIVEN IT BY THE LAWS OF THE STATE OF TEXAS; BUT SHALL BE CUMULATIVE WITH AND SUBJECT TO PROSECUTION AS HERE- INABOVE DESCRIBED FOR SUCH VIOLATION OR VIOLATIONS; FURTHER PROVIDING THAT THIS ORDINANCE SHALL BE Cu~- LATIVE OF ALL OTHER ORDINANCES OF THE VILLAGE AFFECTING THE SUBJECT MATTER HEREIN; PROVIDING A SAVING CLAUSE AND FURTHER PROVIDING THIS ORDINANCE SHALL BECOME EFFECTIVE AND BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION AS BY LAW PRO- VIDED. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE VILLAGE OF COLLEYVILLE, TEXAS: WHEREAS, the Village of Colleyville, Texas, by reason of its close proximity to Industrial Establishments engaged in operations in matters vital to the defense of our Nation, and other similar establishments now under construction and con- < templated to be located and constructed, and numerous inquiries being made in connection with the location and construction of d1vellings and other buildings wi thin the Village; and WHEREAS, for the prupose of uniform planning, the Board of Aldermen of the Village of Colleyville, Texas, has he~e- tofore adopted an ordinance, creating a zoning co~nission with instructions to make and recoDllilend for adoption a master plan, as a whole or in parts, for the future development and redevel- opment of the Village and its environs, and to prepare a com- prehensive plan for zoning the Village in accordance with Chapter 283, Acts of the regulccr session of the Legislature, 1927, Act. lOll-A to IOII-J, R.C.S. as amended; and WHEREAS, the Board of Aldermen of the Village of Colley- ville, Texas, deems it necessary in order to lessen congestion on streets, to secure safety from fire, panic, and other dan- gers; to promote health and the general welfare; to provide adequate light and air; to prevent the over-crowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements; to conserve the value of property and encourage the most appropriate use of land throughout the Vill~ge, all in accordance with a comprehensive plan; and WlffiREAS, at the present time no definite rules or regu- lations are provided for by the Ordinances of the Village of COlleyville, Texas, which would provide a uniform plan of - 2 6 . .' location, size and use of property, in order to protect and properly safeguard the various neighborhoods or localities in the matter of proper zoning, having due regard to the public welfare and comfort, it is necessary that temporary rules and regulations be provided until permanent zoning can be promul- gated with due hearings with property owners, as is provided by law; NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE VILLAGE OF COLLEYVILLE. TEXAS: SECTION NO. 1 DEFINITIONS FOR the purpose of this Ordinance, the following words and terms as used herein are defined to mean the following: Words used in the present tense include the future; words in the singular number include the plural; and words inthe plural number include the singular; the word ftbuilding" in- cludes the l.vord "structure"; the word "shalln or the word "mustft is mandatory and not directory; the term "used forft includes the meaning ftdesigned for" or "intended for". ACCESSORY BUILDING OR USE: A subordinate buIlding having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in con~6n with the main building, or is under an extension of the main roof and designed as an integral part of the main bUilding. ALLEY: A minor way which is used primarily for vehicular service access to the back or side of properties otherwise - 3 - . . ~ abutting on a street. BASEMENT: A story below the first story as defined under "Story", counted as a story for height regulations if subdi- vided and used for dwelling purposes other than by a janitor or watchman employed on the premises. BLOCK: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Building Inspector shall detenmine the outline of the block. CURB LEVEL: The mean level of the curb in front of the lot, or in case of a corner lot, along with abutting street where the mean curb level is the highest. DwELLING: A Building a portion thereof, designed exclusively for residential occupancy, including one family, two family, and multiple dwellings, boarding and l~dging houses, apartment houses and apartment hotels, but not hotels. DvffiLLING, SINGLE F~IILY: A detached building arranged, intended, or designed for occupancy by one family. GARAGE, PRIVATE: An accessory building for stor~e only of motor vehicles. GARAGE, PUBLIC: A building or portion thereof, designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for conrmercial purposes. GARAGE, STOFAGE: A building or portion thereof, except those defined as a private, a public, or a community garage providing storage for motor vehicles, with facilities for washing but no other services. HEIGHT OF BUILDINGS: The vertical distance measured from the - 4 - -_._----,._-_._-----~_._-_._---_._'~..._---------.,,--...-----".-----_._"~.~._.._----~--,,- . ' highest of the following three levels. a. From the street curb level; b. From the established or mean street grade in c~se the curb has not been constructed; c. From the average finished ground level adjoining the building ifit sets back from the street line; to the level of the highest point of the roof beams of flat roofs or roofs inclining not more th~n one inch (1") to the foot, or to the mean height level of the top of the main plates and highest ridge for other roofs. HEIGHT OF YARD OR COURT: The vertical distance fromthe lowest level of such y~rd or court to the highest point of any boundary wall. LOT: A parcel of land occupied or to be occupied by one build- ing, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or a place. LOT, CORNER: A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Inspector. LOT, INTERIOR: A lot whose side lines do not abut upon any street. LOT, T}IROUGH: An interior lot having frontage on two streets. LOT LINES: The lines bounding a lot as defined herein. - 5 - .. family dwellings, which shall be the principal building on any lot in Residential Districts. RESTAURANT OR CAFE: A building or portion of a building, not operated as a dining room in connection with a hotel or board- ing house, where food is served for pay and for consumption in the building, and where provisions may be made for serving food on the premises outside the building, unless otherwise stated herein. SERVANTS' QUARTERS: An accessory building loc&ted on the same lot or grounds with the main building, and used as living quarters, for servants employed on the premises, and not rented or otherwise used as a separate domicile. SETBACK: The minimum horizontal distance between the front wall of any projection of the bUilding, excluding steps and unenclosed porch and the street line. ~TABLE, PRIVATE: An accessory building for the keeping of horses, ponies, or mules owned by occupants of the premises, and not kept for remuneration, hire or sale. STABLE, PUBLIC: A stable other than a private or riding stable as defined herein. STA3LE, RIDING: A structure in which horses, ponies, or mules, used exclusively for pleasure riding or driving, are housed, boarded, or kept for hire; including riding track. STORY: That part of a building included between the surface of one floor and the surface of the floor next above, or if there - 7 - that . . be no floor above,/part of the building WhlCh lS above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface, not more than four feet above the curb level, established or mean street grade, or average ground level, as mentioned in nHeight of Buildings" of this section. STREET: A thoroughfare which affords princ~pal means of access to property abutting thereon. STREET LINE: The dividing line between the street and the abutting property. STRUCTURE: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground; inClUding, but not limited to, ad- vertising signs, billboards, and poster panels, but exclusive- ly of customary fences or boundary or retaining walls. STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. VARIANCE: A modification or variation of the provisions of this ordinance, as applied to a specific piece of property, as distinct from rezoning. ~: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground up~ard, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth - 8 - - . of a rear yard, the least horizontal between the lot line and the main building shall be used. YARD, FRONT: A yard across the full width of the lot extending from the front line of the main building to the front line of the lot. YJL~D, REAR: A yard between the rear lot line and the rear line of the main bu~lding and the side lot lines. YARD, SIZE: A yard between the main building and the adjacent side line of the lot, and extending entirely from. the front yard to the real yard thereof. SECTION 2. SHORT TITLE This Ordinance shall be known and may be cited as the Temporary Zoning Ordinance of Colleyville, Texas. SECTION 3. DISTRICTS For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, or use of buildings, structures of land, the Village of Colleyville is hereby divided into three districts as follows: DISTRICT "An. SINGLE FAMILY D1VELLING DISTRICT. DISTRICT"B" LOCAL BUSINESS DISTRICT. DISTRICT nCn CO~1MERCI.AL. SECTION 4. DISTRICT MAP ADOPTED. aoundaries of the districts, as enumerated in Section 3 of this ordinance are hereby established as shown on a map prepared for - 9 - . ' that purpose, which map is hereby designated as the Zoning District Map; and said map and all the notations, references and information shown thereon is hereby made as much a part of this Ordinance as if the same were set forth in full herein. It shall be the duty of the Village Planning and Zoning Commiss- ion to keep on file in its office an authentic copy of said map, and all changes, amendments, or additions thereto. When definite distances in feet are not shown on the Zoning District Map, the district boundaries are intended to be along existing street, alley or platted lot lines, or extensions of the same, and if the exact location of such lines is not clear, it shall be determined by the Building Inspector, due consideration being given to location as indicated by the scale of the Zoning District Map. When streets or alleys on the ground differ from the streets or alleys as shown on the Znning District Map, the Building Inspector may apply the district designations on the map to the streets or alleys on the ground in such manner as to con- form to the intent and purpose of this Ordinance. Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the center line of any such street or alley. All territory which may hereafter be annexed to the Village of Colleyville shall automatically be classed as lying and being in District "A" until such classification shall have been changed by an amendment to the Zoning Ordinance as provided by Law. - 10 - SECTION 5. BOARD OF ADJUSTMENT A Board of Adjustment is hereby established in accordance with the provisions of the Texas Statutes, Section 7 of Chapter 283 of the 40th Legislature, Regular Session (1927), being House Bill No. 87, regarding the Zoning of Cities. The word "Board" when used in this Ordinance shall be construed to mean the Board of Adjustment. The powers and duties of the Board are enumerated in Section 22. The Board shall consist of five members, each to be appointed by the Mayor and approved by the Council, for a term of two years, and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. SECTION 6. REI~UIREMENTS MUST BE OBSERVED Except as hereinafter provided: 1. No building or structure shall be erected, constructed, reconstructed or altered, nor shall any building, structure or land be used for any purpose ocher than is permitted in the district in which such building, structure or land is situated. 2. No building or structure shall be erected, constructed, reconstructed or altered to exceed the height or area limit herein established for the district in which such building or structure is located. - 11 - .. . 3. No lot area shall be reduced or diminished So th2t the yards or other open spaces shail be smaller than prescribed by this Ordinance. nor shall the density of population be increased in any manner. except in conformity with the area regulations established herein. SECTION 7. USE REGULATION SINGLE F~~ILY DWELLING DISTRICT In a single family dwelling district, no building Or premises shall be used and no building shall be erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses, except as otherwise specifically provided in this ordinance; (1) Single Family Dwelling. (2) Churches and publicly owned and operated community buildings,public museums, public administrative buildings, public libraries, police stations, and fire stations, if loc~ted in accordance with at least one of the following: a. On a lot already devoted to the use for which the bu[lding permit is requested. b. On a lot having a side, line CODU110n to a public park, playground, or cemetery, or directly across a street from anyone .or combina ti on of said uses. c. On a corner lot having a minimum of one hundred (100) foot frontage. - 12... . . d. On a lot three sides of which adjoin streets. e. On a lot approved by the Board of Zoning Adjust~ent, subject to final approval by the Board of Aldermen, following public hearing, as being a location where such building will not materially injure neighboring property for residential use. (3) Public parks and playgrounds, including public recre- ation or service buildings within such parks. (4) Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus. (5) Golf courses (except miniature golf courses, driving ranges and other similar activities operated as a business). (6) Railroad right of ways, not including railroad yards. (7) Agriculture, nurseries, and truck gardens limited to the propagation and cultivation of plants; provided no retail or wholesale business shall be conducted upon the premises, and provided that no obnoxious fertilizer is stored upon the premises, and no obnoxious soil or fertilizer renovation is conducted thereon. (8) Central office buildings of corporations, firms, or individuals engaged in the furnishing of telephone service to the public, including any equipment in connection with such - 13 - . . buildings, or a part of such telephone system necessary in the furnishing of telephone service to the public. (9) Municipal water supply reservoirs, filter beds, filtration plants. surface or underground or overhead water storage, water wells and pumping plants. (lO) Accessory uses, including parking areas. customarily incident to the above uses ~nd located on the same lot there- with, not involving the conduct of a business or industry. a. The term accessory use shall include customary home occupations. such as the office of physicians, dentist, surgeon, dressmaker, musician. or artist. (not including barbers or beauticians) under the following restrictions: (1) That such uses are located in the dwelling used by a person as his or her private residence. (2) That no assistant other than a member of the family household is employed. and no window display or sign, either illuminated or more than (1) square foot in area is used to advertise the same. (3) That no power other than electric and of not more than one-fourth horse power is used in anyone machine, and not more than one horse power total is used in such activities. b. A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except that the placing of an illuminated "For Sale" or "For Rent- sign not more than - 14 - - .. J eight (8) square feet in area may be permitted as an access- ory use, and except that churches and other institutions may display signs showing names, activities, and services therein provided, and that during construction of a building. one un- illuminated sign showing the names of contractors or architects for such buildings shall be permitted, providing such sigri shall not be more than eight (8) square feet in area, and shall not be set more than five (5) feet in front of the established or customary building line, and such sign shall be removed immediately upon completion of the building. (c) For any dwelling house that there shall be permitted one private garage with Space for not more than one motor vehicle for each two thousand (2,000) square feet of lot area, or servantsr quarters, provided that such garage or se~vantsl quarters shall be located not less than sixty (60) feet from the front lot line, nor less than three (3) feet from any side lot line, nor less than one (1) foot from any alley line. except that when the rear lot line is common to a side or rear lot line of another lot, such outbuilding must be located a minimum of three (3) feet from said rear lot line, and in the case of corner lots not less than the distance required for residences from side streets; and further provided that such servantst quarters shall be occupied only by servants employed on the premises. A garage may be constructed across a common lot line by mutual 2greement between property owners. A garage or servants I quarters constructed as integral part of the main building shall be subject to the regulations affecting - 15 - . . the main building, except that m a corner lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than eighteen (18) feet from the rear lot line, andshall not occupy more than thirty (30) percent of the required rear yard. No part of a detached accessory building shall be closer than ten (10) feet to the main building. d. A private stable will be allowed on a lot having an area of more than twenty thousand (20,000) square feet, provided that it is located not less than one hundred (100) feet from the front lot line, not less than thirty (30) feet from any side or rear lot line. On such lots there shall not be kept more than one horse, pony or mule for each ten thousand (10,000) square feet of lot area, and one cow for each twenty thousand (20,000) square feet of lot area. No such fowl shall be kept or housed nearer than one hundred (100) feet to the front lot line, or thirty (30) feet from any side or rear lot line. e. Community garages may be permitted by the Board. Such community garages may provide facilities for washing cars; and access thereto, if from the street, shall be by not more than one driveway. Such garages shall be at least six (6) feet from any party lot line and shall be set back from any front or side street line at least ten (10) feet more than would be required for a dwelling house in the same location. and shall be not over one story or sixteen feet high. - 16 - . . . No commercial vehicle of more than two and one-half (2t) tons capacity shall be housed in any such community garage. f. Te~porary real estate sales office, located on pro- perty being sold, and limited to period of sale, but not ex- ceeding two years without special permit from the Board. g. A hobby show may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation; provided that the articles pro- duced or constructed are not sold either on or off the pre- mises, and provided such use will not be obnoxious or offensive byreasons of vibration, noise, odor, dust, smoke or fumes. SECTION 8. No dwelling shall be constructed in said Single Family Dwelling District less than 750 square feet of floor space, exclusive, of porches, breezeways and garages. SECTION 9. The minimum area of lots in said Single Family Dwelling District where Sanitary Sewer is not available, shall be 10,000 square feet for each single family dwelling, where said Sewer is available and said dwelling is attached thereto the minimum area of lots shall be 7500 square feet. SECTION 10. HEIGHT REGULATIONS No building hereafter erected and structurally altered, in any of the districts provided for herein shall exceed Two and One-Half (2t) or Thirty-Five (35) feet. SECTION 11. FRONTAGE OF IMPROVEMENTS The Main Building in Single Family District shall be - 17 . . . . constructed, fronting on the street upon which the lot as originally dedicated fronts. SECTION 12. LOT COVERAGE IN SINGLE FAMILY DWELLING DISTRICT (A) FRONT YARD: There shall be a front yard along each street line of the lot. The minimum depth of a front yard, except along the side line of a corner lot shall be ~ feet; provided that if twenty-five (25) percent of a Block Frontage is improved with buildings. The Front Yard shall extend to the alighment of such existing buildings. (B) DISTANCE FROM PROPERTY LINES: No accessory buildings or structures shall be constructed or erected nearer than five (5) feet from any side or rear lot line. (B-1) ACCESSORY BUILDINGS: No accessory buildings or structures shall be constructed or erected nearer than five (5) feet from any side or rear lot line. (B-2) CORNER LOTS: Buildings on corner lots, where interior lots have been platted or sold fronting on the side street, may project not more than ten (10) feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this ordinance, to less than twenty-five (25) feet, and provided that the side yard regulations above shall be observed. (B-3) REAR YARD: The depth of the rear yard shall be at least thirty (30) percent of the depth of the lot, but such depth need not be more than thirty (30) feet. ... 18 - ~----~,.-.~.,-"...,_.__._-------'-"--_..-._--.--'_.....-_......_--~-_.,- . . . . (c) WIDTH OF LOT: The minimum width of a lot shall be ~,,~I"I /..'t~ (7$) #ee#. fifty /i,~ (55) t~, at the front Building Line, provided that where a lot has less width than herein required, in separ- ate ownership at the time of the passage of this Ordinance, this regulation will not prohibit the erection of one single family dwelling. SECTION 13. BUILDING PERMIT (A) No permit for the construction of a building in the area herein described as Single Family Dwelling District shall be issued by the Building Inspector in the Village of Colley- ville, Texas, other than a permit which will allow the con- struction of a building permitted to be used for dwelling purposes only, in accordance with the provisions of tillS ordinance. An application for any other use not specified hereinabove shall be made to the Building Inspector of the Village of Colleyville, Texas, and by him referred to the Zoning Conwission for a consideration and recommendation to the Village of Colleyville Board of Aldermen. Whenever such recommendation is filed with the Board of Aldermen by the Zoning Commission, such classification and recommendation shall be advisory in its nature only and the Board of Alder- men shall be at liberty to affirm it or allow such construc- tion as the facts or opinion may justify. (B) No existing building within any territory within the Village of Colleyville, Texas, not now lawfully used for business -19- . . . . purposes shall be altered, remodeled or constructed for business purposes without a permit from the Building Commissioner. This permit shall be obtained under same procedure set out in Section (A) of this Ordinance. (6) Construction of all buildings in the single family dwelling district shall be in accordance with the provisions of the Building Code of the Village of Colleyville, Texas, now in effect and as hereinafter amended. SECTION 14. DISTRICT RDR. LOCAL BUSINESS DISTRICT: USE REGULATIONS. In District B no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one or more of the following uses: 1. Any use permitted in District A. 2. Automobile parking lots for passenger cars cnly. 3. Barber and Beauty Shops. 4. Bicycle repair shops, electrical repair and "fix- it" shops. 5. Cleaning, pressing and Laundry Pick-up Station. 6. Clinics (medical or dental)~ 7. Greenhouses (Con~ercial) 8. Ice Delivery stations for storage and sale of ice at retail only. 9. Offices, business or professional. 10. Radio and television shops. 11. Restaurants, cafes or cafeterias, where there is no floor show or other form of entertainment. 20 - \. . . , . 12. Schools operated as a business. 13. Shoe repair shops. 14. Signs limited to signs advertising services of products offered on the premises. 15. Stores, shops and markets for retail trades except second-hand merchandise establishments; provided that no merchandise shall be displayed, stored or offered for sale, on the premises outside of a building, or in or upon any open proch or other accessory por- tion of a building, or outside on any open space on the premises. 16. Studios 17. Accessory uses customarily incident to any of the above uses, purely incidental to a main activity permitted on the premises, and when operated by electricity or gas. 18. The above specified stores, shops or business shall be retail or service establishments exclusively. 19. Providing further that loud speakers or amplifiers for broadcasting or playing on the outside of buildings any instruments, music, songs or speeches shall be prohibited. HEIGHT AND AREA REGULATIONS. In District B the height of the buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: Height: Buildings or structures shall not exceed thirty- - 21 - . . t . five (35) feet, and shall not exceed two and one-half stories; Front Lot Line: This Front building line in District "B" shall not be less than 25 feet from the Front Lot Line; \,/ Side Yards: No side yard is required except that where a side line of a lot in this district abuts upon the side line of a lot in District A, a side yard of not less than five (5) feet shall be provided. Rear Yards: The depth of the rear yard shall be at least fifteen (15) percent of the depth of the lot, but such depth need not be more than twenty (20) feet, except that on a corner lot no rear yard is required within fifty (50) feet of a side street, unless the rear lot line adjoins District A. Width of Lot: The minimum width of a lot, if used ex- clusively for uses enumerated in District A, shall be the same as is provided in District A. For other uses the width may be less. The Lot Area, front, side and rear yard requirements for dwellint shall be the same as ,is provided in District A. SECTION 15. USE REGULATIONS ...;. COMMERCIAL DISTRICT In Commercial District, buildings and land may be used for any use permitted in districts "A" and "B" and for any other use except the followihg uses which are expressly prohibited: (1) Bakery, using soot producing fuel (2) Blacksmith, or horse-shoeing (3) Blast Furnace (4 ) (5) Boiler Works Bottling works, where located in a "Community Center", - 22 - . . (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) . (6) ( 7,) or when engaged in the manufacture of alcoholic beverages Brick, tile or terra cotta manufacturing Junk yards, bone yard, or refuse yard, whether open or closed Contractorts plant or storage yard. Coal, coke or wood yard exceeding three hundred eighty-four (384) cubic feet in volume, and any coal, coke or wood yard less than four (4) feet fro~ any building or property line, or where noise- producing or dust-producing apparatus is used in connection therewith. Cooperage works Cotton gin Dyeing or cleaning works, using soot producing fuel Garbage and refuse dumps Forge plant Ice Plant or storage house, using soot producing fuel Iron, steel, brass or copper foundry Laundry, when located in a community center Livery stable and riding academies. Oiled, rubber or leather goods manufacture Planing Mill Plating works (8) (9) - 23 - . . . . 4 (22) Rolling mill (2J) Rock Crusher (24) Sauer Kraut Manufacture (25) Sausage manufacture (26) Slaughter house (27) Soap manufacture (28) Stone mill or quarry (29) Stone yard or monument works (JO) Any kind of manufacture or treatment, other than the manufacture or treatment of products clearly incidental to the conduct of a retail bu~iness conducted on the land. (Jl) The sale, storage, dispensing, or otherwise handling of malt, vinous, and spiritous liquors for on-site or off-site consumption. ~J2) j( J J ) --\) Mauufacture of floor-sweeping compound men by the_Village of Colleyville, asoline filling stations, except where a legal permit, has been authorized by the Board of Alder ection, maintenance and operation of the same (J4) Second-hand merchandise establishments; where mer- chandise is displayed, stored or offered for sale, on the premises outside of a building, or in orupon any open porch or other accessory portion of a bulld- ing, or outside of any open space on the premises enclosed with a w~ll, fence or other opaque barrier less than six (6) feet in height. - 24 - -------~---_._.--- ---"._~--r--- -----~ . .. (35) Used car sales, except where a legal permit has been authorized by the Board of Aldermen. ( 36) ~3?)' Used car junk area Trai10r camps, except where a legal permit,h~een authorized by the Board of Aldermen. { /(38) Tourist camps, e.xcept where a legal permit has1been authorized by the Board of Aldermen. ~~~ (39) (40) Storage of rawhides or skins Providing further that loud speakers or amplifiers for broadcasting or playing on the outside of buildings any instruments, music, songs or speeches shall be prohibited. (41) Nor any other business that will be noxious or offen- sive b Y reason of vibration, noise, odor, dust, smoke or gas (42) Accessory uses customarily incident to any of the uses permitted hereunder. SECTION 16. SINGLE FAMILY DWELLINGS IN COMMERCIAL DISTRICT: All buildings erected in Commercial District to be used for dwelling purposes shall comply with the Height, width, Area, minimum Lot and Dwelling Area per family and front, side and rear yard requirements as is herein provided in regulations in District "A". J,. SECTION 17. HEIGHI' OF BUILDINGS - COIDlERCIAL USE: Buildings and Structures shall not exceed thirty-five (35) feet and two and one-half (2~) stories in height. ... 25 ... . . . SECTION 18. FRONT YARD: All Buildings erected for Commercial Use shall be con- , iv. structed at a minimum depth of sixty (60) feet from the center line of the front street, provided that if forty V' (40) percent or more of the frontage on the same side of a street between two intersecting streets is developed with buildings having a greater front yard depth, the average of such front yard depth shall establish the minimum front yard depth for the entire frontage. SECTION 19. NON- CONFORMING USES: (a) The lawful use of the land existing at the time of adoption of this ordinance, although such use does not conform to the provisions hereof, may be continued, except as provided otherwise in this ordinance, but if' such non-conformity use is discontinued, any future use of said land shall be inconformity with the provisions of this ordinance. (b) Certificate of Occupancy for non-conforming uses existing at the time of the passage, amendment, supplement or change of this ordinance shall be issued by the Building Inspector and the Certificate shall state that the use is a non-conforming USe and does not conform with the provisions of this ordinance. The Building Inspector shall notify all owners and occupants of property being used as non-conforming uses and said occupants shall within thirty ()o) days after receipt of such notice, apply at the office of the Building Inspector for a Certificate of Occupancy. (c) The lawful use of a building existing at the time of adoption of this ordinance may be continued, except as other- 26 - '--'--'-'--"'-"'---'."~'-""'-~-_._~---~------.,.---------'- . . ~ . wise provided, although such use does not conform with the provisions hereof, and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to any use permitted in the same use District as that in which the use existing at the time of the adoption of this ordinance is permitted according to the provisions of this ordinance. Whenever a Use District shall be hereafter changed, any then existing non-conforming use in such changed district may be continued or changed to a use permitted in the same Use District as that in which the existing use is permitted, provided all other regulations governing the new use are com- plied with. Whenever a non-conforming use of a building has been changed to a more restricted use or a conforming use, such use shall not thereafter be changed to a less restricted use. (d) Whenever the use of any building has become non- conforming by virtue of a change of the Use District, such use may nevertheless be continued or may be changed to a use permitted in the Use District in which the use was located before such change, provided, all other regulations governing the new use be complied with. (e) Nothing herein shall prevent the substantial res- toration within a period of twelve (12) months of a building which has been damaged by fire, explosion, flood, tornado, .... 27 - .. , . same. - 28 - .. .. 6 · rl... ... or the publio on~. or .0014..t or a.7 klDd, '0 .n e.t.at that the 00.' of .uch re.toration 40.. not ..0." ..yont,-riY. p.rce.' (7'~) .r the ......ed ~.luatlo. for t.. purpoa.. .'.&14 buildlnc ~e41.t.1T prior to aucb d..... or the 808tlnu..0. ot .nT u.. .xl.tine ..reln ~e41.t.lT prier thereto. Ct) ID 81..1. 'aailT >>Voll1nc Dt.tri... an1 aon-oon- ~o~iDC us. not conducted w1thin a bu1ldinc .hall b. dl.oon- tlnue4 within four (4) T.ar. froa the 4at. thi. ord1nanc. .hall beco.. errect!y.. (a) 50 bull4inc. or land or pr.-1aea. where a non-oon- for.m1nc u.. 1. 418oontlnu.4 ror .ore tbaa nlnet, ('0) 4aT., or ia .up.r..ded by a u.e permitte4 In ~. 41.tr1ct 1n vb1ch i' ia locat.d, shall acaln b. d.yoted '0 an, u.e proh1~it.d In .uch 4.t.ttrict. (h) AnT .xlatina non-oontoraiD<< -r..tauraat or ..t.- a. ..r1.04 in thi. .rdi.a.... In O....rolal Dlstrlct, shall be 41.00ntlnu" or a.ct. to eoarora to all of the r.qulr...... pr.s.rlo.c by this .~lnaao. within .1. aoath. art.r the .ft.cti.. date her..t. ~&CTIQ. 20.. CDTIJ'ICATE OJ' OCC\JPA.CY J (1 ~ 10 yaeaat laM ahall be ."upted .1' u..., ....p. tor agrlcultural u.... aad no bu114inc h.r.a~t.r .r.o~e4 or struc- turally alt.red aball b. oe.upi'- Dr use4 until . C.rtlt~..t. .r OooupaROT abal1 bay. b... t..u.. b7 t1M Bu1141... In.p....r or other o!'f'1cer4..1c_t.. by the 8c)ar4{'tt-c1~cI.~.~.ti....... same. - 28 - r--- . . , . . (2) CERTIFICATE OF OCCUPANCY FOR A BUILDING: Certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three (3) days after the request for same shall have been made in writing to the Building Commissioner or other officer desig~ nated by the Board of Aldermen to issue same, after the erection, location, relocation or alteration of such building or part thereof, shall have been completed in conformity with the pro- visions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the said officer for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners, or of the Village relating to the use or occupancy of the premises or any other matter covered by this ordinance, and such temporary certificate shall not be issued except under such restrictions and provi- sions as will adequately insure the safety of the occupants. (3) CERTIFICATE OF OCCUPANCY FOR LAND: Certificate of Occupancy for the use of vacant land or the change in the char- acter of the use of land as herein provided shall be applied for before any such land shall be occupied or used and a cer- tificate of occupancy shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of these regulations. - 29 - ,,- . . . , . . Certificate of Occupancy shall state that the building or proposed use of a building or land, complied with all the build- ing and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Secretary, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. (No fee shall be charged for a Certificate of Occupancy issued under this Ordinance). SECTION 21. BUILDING AND USE PERMITS: No permit for the construction of a building in the area herein described as Single Family Dwelling District shall be issued by the building inspector in the Village of Colleyville, other than a permit which will allow the construction of a build- ing permitted to beuused for dwelling purposes only, in accord- ance with the provisions of this ordinance. An application for any other use in any district not specified herein, shall be made to the Building Inspector of the Village of Colleyville. and by him referred to the Zoning Commission for a consideration and recommendation to the Board of Aldermen. Whenever such recommendation is filed with the Village of Colleyville Board of Aldermen by the Zoning Commission, such classification and recommendation shall be advisory in its nature only and the Board of Aldermen shall be at liberty to affirm it or allow such construction as the facts or opinion may justify. - 30 - r-- . , .. . . . SECTION 22. POYERS AND DUTIES OF THE BOARD OF ADJUSTMENT: The Board of Adjustment may, in appropriate cases and sub- ject to appropriate conditions and safeguards, make special exceptions to the terms of the Ordinance in harmony with its general purpose and intent and in accordance with general or specific rules herein contained. The Board shall adopt rules in accordance with the pro- visions of this Ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such chairman or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each ques- tion, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board, or bureau of the Village o~ Colleyville, affected by any decision of the adnubnistrative officer. Such appeals 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 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. 31 ------,.._'~-_.._--_._~-~._---_.._--_._-----_._~...~~-.-.--.---.--,.-.----.-.--,-,....---- r- . . . ~ . .~ An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The Board shall have the following powers: 1. To hear and decide appeals where it is alleged that is error in an order, requirement, deci4ion, or de- termination made by an administrative official in the enforcement of this ordinance. 2. To hear and decide special exceptions to the terms of this Ordinance upon which the Board is required to pass under the provisions of this ordinance. 3. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary 32 - -_._-_._-----~_._-,-,..._--~----_._--_.__._~._--_..~..---"---~."'~--~".._-~-------_._-----_.__._----_..--_..-.--.... "..... . ' . hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. 4. To grant a permit for a temporary building for commerce in a dwelling district which is incidental to the dwelling development, said permit to be issued for a period of not more than one year. In exercising the above mentioned powers, such Board may reverse or affirm, wholly or partly, or may modify the order requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determin- ation of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in this Ordinance. Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any Officer. department, board, or bureau of t~e municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review - 33 - -- . . . . . such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be suffi- cient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of this decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. - 34 - .~. . .. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings. SECTION 23. COMPLETION OF EXISTING BUILDING: Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of" this ordinance and which entire building shall be completed within 90 days from the ate of the passage of this ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and which entire building shall be com- pleted within 90 days from the date of this passage of this ordinance. If an amendment to this ordinance is hereafter adopted changing the boundaries of districts, the provisions of this ordinance with regard to building or premises existing or buildings under construction or building permits issued at the time of the passage of this ordinance shall apply to, building or premises existing or buildings under construction or building permits issued ~n the area affected by such amendment at the time of the passage of such amendment. - 35 - . " r '. . . .. SECTION 24. PENALTY: Any person, firm or corporation violating any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not more than One Hundred Dollars (100.00); each day such violation continues shall constitute a separate offense. But in case any building or structure is erected, con- structed reconstructed, altered, repaired, converted or main- tained, or any building, structure or land is used in vmolation of the general law or of the terms of this ordinance. the Village of Colleyville, in addition to imposing the penalty above provided, may institute any appropriate action or pro- ceedings in court to prevent such unlawful erection, con- struction, reconstruction, alteration, repair, conversion, matntenance or use, to restrain, correct or abate such vio- lation, or to prevent the occupancy af such building, struc- ture or land, to prevent the illegal act, conduct, business or use, in or about such land; and the definition of any vio- lation of the terms of this ordinance as a misdemeanor, shall not preclude the Village of Colleyville from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. SECTION 25. VALIDITY OF ORDINANCE: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or - 36 - "..., \ . . . held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provisions thereof other than tye part so decided to be invalid or unconstitutional. SECTION 26. CUMULATIJ'E: This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the Village of Colley- ville, Texas, affecting erection and construction of buildings and structures in the City, and shall not repeal or affect any such ordinances, except insofar as the provisions of such ordinance, or ordinances, are inconsistent or in conflict with the provisions of this ordinance, in which ~nstance, or in- stances, those provisions shall be and they are hereby repeal- ed. SECTION 27. EFFECTIVE DATE: This ordinance shall tak~ effect and be in full force and effect from and after the date of its adoption and pub- lication as provided by law. ADOPTED this ~ day of jvitly I , A. D. 1956. APPROVED: M{~~.1 MAYOR ATTEST: Pt~ - 37 ...