HomeMy WebLinkAboutOrdinances (500)-03/08/1966
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ZONING ORDINANCE
CITY OF COLLEYVILLE
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CITY OF COLLEYVILLE
ZONING ORDINANCE NUMBER .5"00
INDEX
CAPTION OF ORDINANCE. . . . . . . . . . . .
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ARTICLE 1. - PURPOSE OF ORDINANCE.
. . . .
ARTICLE 2. - DEFINITIONS. . . . . . .
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ARTICLE 3. - ZONES. . . . .
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ARTICLE 4. - ZONING MAPS. . .
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ARTICLE 5.
5-1
5-2
5-3
- REGULATIONS ON ALL ZONES. . . . . . . .. .
Use . . . . . . . . . . . . . .
. . . . . . . . . . ..
Height . . . . . . . . . . . . .
Area . . . . . . . . . . . . . .
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ARTICLE 6. - "R-l" - SINGLE FAMILY ZONES. . . . . . . .
6-1 Uses Permitted. . . . . . . . . . . . . . . . . . . .
6-2 Height and Area Requirement. . . . . . . . . . . . .
ARTICLE1. - "R-2" TWO FAMILY ZONES ............
1-1 Uses Permitted. . . . . . . . . . . . . . . . . . . .
1-2 Height and Area Requirements . . . . . . . . . ..
ARTICLE 8. - "R-3" MULTI-FAMILY ZONES. . . . . . . . . ..
8-1 Use s Permitted . . . . . . . . . . . . . . . . . . . .
8-2 Height and Area Requirements . . . . . . . . . . . ..
ARTICLE 9. - "C-l" LOCAL BUISNESS ZONES. . . . . . . ..
9-1 Uses Permitted. . . . . . . . . . . . . . . . . . . .
9-2 Height and Area Requirements . . . . . . . . . . . ..
ARTICLE 10. - "C-2" GENERAL BUSINESS ZONES. . . . . . . .
10-1 Use s Permitted . . . . . . . . . . . . . . . . . . . .
10-2 Height and Area Requ1rements. . . . . . . . . . . ..
ARTICLE 11. - "C-3" COMMERCIAL ZONES . . . . . . . . . . .
11-1 Uses Permitted . . . . . . . . . . . . . . . . . . . .
11-2 Height and Area Requirements. . . . . . . " . .. .
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INDEX
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ARTICLE 12. - "M-l" LIGHT INDUSTRIAL ZONES. . . . . .. .
12-1 Uses Permitted . . . . . . . . . . . . . . . . . .. . .
12-2 Height and Area Requirements. . . . . . . . . .. .. .
ARTICLE 13. - "M-2" HEAVY INDUSTRIAL ZONES. . . . . . . .
13-1 Uses Permitted. . . . . . . . . . . . . . . . . . . . .
13-2 Height and Area Requirements. . . . . . . . . . . . .
ARTICLE 14. - SPECIAL PERMITS. . . . . . . . . . . . . . . . .
14-1 General Conditions . . . . . . . . . . . . . . . . . . . .
14-2 Special Permit Uses and Specified Zones. . . . . . .
ARTICLE 15. - GENERAL PROVISIONS AND EXCEPTIONS - USE
HEIGHT I AND AREA REGULATIONS . . . . . . . . .
General Provisions . . . . . . . . . . .'. . . . .. . .
Height Exceptions . . . . . . . . . . . . . . . . . . . .
Area Exceptions . . . . . . . . . . . . . . . . . . . . .
Yard Exceptions . . . . . . . . . . . . . . . . . . .. .
15-1
15-2
15-3
15-4
ARTICLE 16. - ASSESSORY BUILDINGS AND USES . . . . . . . . . .
16-1 Assessory Buildings and Uses Permitted . . . . . . . . .
ARTICLE 17. - OFF-STREET PARKING AND LOADING REGULATIONS.
17-1 Off-Street Parking Required . . . . . . . . . . . . . . '.
17- 2 Parking Areas Surfaced . . . . . . . . . . . . . . . . . .
17-3 Driveway Approaches and Curb Openings. . . . . . " .
17-4 Loading Spaces . . . . . . . . . . . . . . . . . . . . ..
ARTICLE 18. - NON-CONFORMING BUILDINGS AND USES'. . . ..
18-1 Non-Conforming Buildings ~ '.,. . . . . . . . . . . . . .
18-2 Non-Conforming Uses of Buildings . . . . . . . . . . . .
18-3 Non-Conforming Use of Land . . . .
18-4 Abandonment.......................
ARTICLE 19. - POWERS AND DUTIES OF THE ZONING BOARD .. .
19-1
19-2
19-3
19-4
19-5
OF ADJUSTMENT . . . . . . . . . . . . . . . . . ..
Zoning Board of Adjustment . . . . . . . . . . . .
Adoption of Rules . . . . . . . . . . . . . . . . . . . . .
Powers . . . . . . . . . . . . . . . . . . . . . . . . ..
Appeals to Board . . . . . .
Appeal from Board . . . . .
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ARTICLE 20. - CHANGES AND AMENDMENTS. . . . . .
20-1 City Council Amending Powers . . . . . . . . . .
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Procedure Before Planning and Zoning Commission. .
Procedure Before City Council . . . . . . . . . . . . .
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ARTICLE 21. - ENFORCEMENT AND ADMINISTRATION. 38
21-1 Bullging Inspector to Administer . . . . . . . . . . . 38
21-2 Permits required . . . . . . . . . . . . . . . . . 38
21-3 Powers and Duties of Building Inspector. . . . . . 38
21-4 Certificate of Occupancy . . . . . . . . . . . . . 39
ARTICLE 22. - PENALTIES FOR VIOLATIONS . . . . . . . . . . . 40
22-1 Penalty....................... 40
22-2 Additional Action for Violation. . . 40
ARTICLE 23. - SAVING CLAUSE . . . . .
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ARTICLE 24. - INVALIDITY OF A PART . .
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ARTICLE 25.
- REPEAL . . . . . . .
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ARTICLE 26. - EFFECTIVE DATE . . . . .
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COMPREHENSIVE ZOmNG ORDINANCE
FOR
CITY OF COLLEYVILLE, TEXAS
ORDINANCE NUMBER
AN ORDINANCE ENACTING AND ADOPTING A NEW ZOmNG ORDINANCE
AND MAPS; MAKING THE ENTIRE AREA WITHIN THE CITY OF COLLEY-
VILLE ONE fiR-I", SINGLE FAMILY ZONE IN ACCORDANCE WITH A COM-
PREHENSIVE PLAN; DEFImNG CERTAIN TERMS; ADOPTING ZOmNG
MAPS AND MAKrNG THEM A PART OF THIS ORDINANCE; REGULATING
THE LOCATION, SIZE, HEIGHT,. BULK, AND USE OF BUILDINGS WTTH-
IN THE RESPECTIVE ZONE; FIXING BUILDING LINES FOR EACH RESPEC-
TIVE ZONE; REGULATING THE SIZE OF YARDS, COURTS, AND OPEN
SP ACES IN EACH RESPECTIVE ZONE; PROVIDING CERTAIN GENERAL
PROVISIONS; MAKrNG CERTAIN EXCEPTIONS TO USE, HEIGHT AND
AREA REGULATIONS; PERMITTING ACCESSORY BUILDINGS AND USES;
REQUIRING OFF-STREET PARKrNG AND LOADING; REGULATING NON-
CONFORMING BUILDINGS AND USES: CREATING A ZONING BOARD OF
ADJUSTMENT AND DEFImNG ITS POWERS AND DUTIES; PROVIDING
FOR CHANGES AND AMENDMENTS; DESCRIBING ENFORCEMENT AND
ADMImSTRATIVE PROCEDURES: PROVIDING A PENALTY FOR VIOLA- ,
TIONS OF THIS ORDINANCE; CONTAINING A SAVING CLAUSE: AND
PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT
FROM AND AFTER ITS ADOPTION AND PUBLICATION.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS:
1.
That a new zoning ordinance and maps hereby enacted and adopted
shall hereafter provide a s follows:
ARTICLE 1. - PURPOSE
The purpose of this Ordinance is to zone the entire area of the City of Colley-
ville and the zones in accordance with a comprehensive plan for the purpose
of promoting health, safety, morals and the general welfare of the general pub-
lic. The regulations and zones herein established have been designed to les-
sen congestion in the streets: to provide safety from fire, panic, and other
dangers: to provide adequate light and air, to prevent the overcrowding of land,
to avoid undue concentration of population, to provide and facilitate adequate
provisions for transportation, water, sewerage, schools, parks and other pub-
lic requirements. Said zones have been established with reasonable consider-
ation of the character of the zone and its peculiar suitability for the particular
uses, and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
ARTICLE 2. - DEFINITIONS
For the purpose of this Ordinance, certain words and terms as used herein are
defined as follows:
Words used in the present tense include the future: words in the singular num-
ber include the plural, and vice versa: the word" building" includes the word
" structure": the word" shall" is mandatory and not directory: the term" used
for" includes the meaning" designed for" or "intended for" .
2.1 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 pro-
perty.
2.2 ALLEY: A minor way which is used primarily for vehicular access to
the back or side of properties otherwise abutting on a street.
2.3 APARTMENT: A room or a suite of rooms within an apartment house
arranged, intended, or designed for a place of residence of a sin-
gle family, individual, or group of individuals.
2.4 APARTMENT HOUSE: Same as "Dwelling, Multi-Family".
2.5 BASEMENT: A story partly or wholly underground. For purposes of
height measurement, a basement shall be counted as a story where
more than one-half of its height is above the average level of the
adj oining ground.
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2.6 BLOCK: A piece or parcel of land entirely surrounded by public
highways or streets" other than alleys. In cases where the plat-
ting is incomplete or disconnected, the Building Inspector shall
determine the outline of the block.
2.7 BOARDING HOUSE: A building other than a hotel, where lodging
or meals are provided for five or more persons for compensation,
pursuant to previous arrangements, but not for the public or tran-
sients.
2.8 COURT: An open, unoccupied space, other than a yard, on the
same lot with the building or group of buildings and which is
bounded on two or more sides by such building or buildings.
2.9 CURB LEVEL: The elevation of the e stabl1shed curb in front of a
building mea sured at the center of such front.
2.10 DEPTH OF REAR YARD: The horizontal distance between the rear
line of the main building and the rear lot line.
2.11 DWELLING: A building or portion thereof, designed exclusively
for residential occupancy, including one family, two family, and
multi-family dwellings, but not including boarding and lodging
houses, apartment hotels, hotels, tourist courts, and motels.
2.12 DWELLING, ONE-FAMILY: A detached building arranged, intended,
or designed for occupancy by one family.
2.13 DWELLING, TWO-FAMILY: A building arranged, intended, or de-
signated for occupancy by two families living independently of
each other.
2.14 DWELLING, MULTI-FAMILY: A building or portion thereof, ar-
ranged, intended, or designed for occupancy by three or more
families, being separate quarters and living independently of
each other.
2.15 FAMILY: Two (2) or more persons who are related by blood or
marriage, living together and occupying a single housekeeping
unit with single kitchen facilities, or a group of not more than
five (5) living together by joint agreement and occupying a single
housekeeping unit with single kitchen facilities, on a non-profit,
cost- sharing ba sis.
2.16 GARAGE, PRIVATE: An accessory building primarily used for the
storage of motor vehicles.
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2.17 GARAGE,. PUBLIC: A building or portion thereof, designed or used
for the storage, sale,. hiring, care of repair of motor vehicles,
which is operated for commercial purposes.
2.18 HEIGHT OF BUILDINGS: The vertical distance measured from the
highest of the following three levels:
a. From the street curb level;
b. From the established or mean street grade in case the
curb ha s not been constructed;
c. From the average finished ground level adjOining the
building if it 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 than one (1) inch to the foot,. or to the
mean height level of the top of the main plates and highest ridge
for other roofs.
2.19 HOTEL: A building occupied or used as a. more or less temporary
abiding place of individuals or groups of individuals who are lodged,.
with or without meals,. and in which there are more than twelve
sleeping rooms and no provisions for cooking in individual rooms.
2. 20 LOT: A parcel of land occupied or to be occupied by one building,.
or group of buildings,. and the accessory buildings or uses custom-
arily incident thereto,. including such open spaces as are required
under this ordinance,. and haVing its principal frontage upon a pub-
licstreet or a place.
2.21 LOT, CORNER: A lot abutting upon two or more streets at their inter-
section. A corner lot shall be deemed to front on that street on which
it has its least dimension,. unless otherwise specified by the Build-
ing Inspector.
2.22 LOT,. INTERIOR: A lot whose side lines do not abut upon any street.
2.23 LOT,. THROUGH: An interior lot haVing frontage on two streets.
2.24 LOT LINES: The lines bounding a lot as defined herein.
2.25 LOT LINE, FRONT: The boundary between a lot and the street on
which it fronts.
2.26 LOT LINE, REAR: The boundary line which is opposite and most dis-
tant from front street line; except that in the case of uncertainty the
Building Inspector shall determine the rear line.
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LOT LINE, SIDE: Any lot boundary line not a front or rear Une
thereof. A side line may be a part lot line, a Une bordering on
an alley or place or a side street line.
LOT DEPTH: The mean horizontal distance from the front street
line to the rear line.
LOT WIDTH: The horizontal distance between side lines, mea-
sured at the front building line" as established by the minimum
front yard requirement of this ordinance.
NON-CONFORMING USE: A use, building or yard which does not,
by reason of design, use or dimensions, conform to the regulations
of the zone in which it is situated. It is a legal non-conforming
use of established prior to the passage of this ordinance, and an
illegal non-conforming use if established after the passage of this
ordinance and not otherwise approved as provided herein.
PARKING SPACE: An area of 250 square feet minimum which shall
include driveway, exit, and entrance areas.
PERSON: The word" person'. when used in this ordinance shall for
the purpose of this ordinance" mean every natural person" firm"
partnership, association, corporation or society: and the term
II person" shall include both singular and plural" and the masculine
shall embrace the feminine gender.
PLACE: An open, unoccupied space other than a street or alley
permanently established or dedicated as the prinCipal means of
access to property abutting thereon.
STABLE, 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, RIDING: A structure in which horses, ponies" or mules,
used exclusively for pleasure riding or driVing, are housed, boarded,
or kept for hire.
STORY: That part of a building included between the surface of one
floor and the surface of the floor next above, or if there be no floor
above that part of the building which is above the surface of the
highest floor thereof. A top story attic is a half story when the main
line of the wall plates is not above the middle of the interior height
of such story. The first story is the highest story having its inter-
ior floor not more than four feet above the curb level.
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STREET: A public maintained thoroughfare which affords principal
means of access to property abutting thereon, and normally consists
of the road surface, ditch or curbs, and sidewalk or parkway areas.
STREET LINE: The dividing line between the street and the abutting
property, normally to the lot property line.
STRUCTURE: Anything constructed or erected, which requires loca-
tion on the ground, or attached to something having a location on
the ground; including, but not limited to, advertising signs, bill-
boards, and poster panels, but exclusive of customary fences or
boundary or retaining walls.
STRUCTURAL ALTERATIONS: Any change in the supporting members
of abuilding, such a s bearing walls, columns, beams or girders.
TOURIST COURT: A group of attached or detached dwellings which
are prOVided primarily for transient guest: including auto courts,
motels, and motor lodges.
TRAILER COACH PARK: Any plot of ground where accommodation is
provided for two or more trailer coaches used as living or sleeping
quarters.
YARD: An open space between a building and the nearest lot line,
unoccupied and unobstructed by any portion of a structure from the
ground upward. 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 lea st horizontal distance between the lot line and
the main building shall be used.
YARD, FRONT: A yard acros s the full width of the lot extending
from the front line of the main building to the front line of the lot.
YARD, REAR: A yard between the rear lot line and the rear line of
the main building.
YARD, SIDE: A yard between the main building and the adjacent
side line of the lot, and extending entirely from the front yard to
the rear yard thereof.
ARTICLE 3. - ZONES
For the purpose of regulating and restricting the use of land and the erection,
construction, reconstruction, alteration, or use of buildings, structures or
land, all land within the City of Colleyville is hereby made and designated
II R-III, Single Family Zone, and provisions within this Ordinance provide for
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additional zones as follows:
II R-III ,
IIR-2" ,
"R-3" ,
"C-I" ,
"C-2" ,
"C-3",
11M-I" ,
IIM-2",
Single Family Zone
Two Family Zone
Multi- Family Zone
Local Bus ine s s Zone
General Business Zone
Commercial Zone
Light Industrial Zone
Heavy Industrial Zone
ARTICLE 4. - ZONING MAPS
4.1 Zoning maps designating all land in the City of Colleyvllle "R-I"
zone shall be made in triplicate originals and the same are here-
by adopted in triplicate, each of which shall bear the signature
of the Mayor and attestation of the City Secretary for identifica-
tion and authenticationi one of said triplicate originals shall be
hung in the office of the secretary of the Planning and Zoning
Commission: one other triplicate original shall be hung in the
office of the Building Inspector of the City of Colleyvillei and
the remaining triplicate original shall be hung in the City Council
Chamber for the use and benefit of the public:.
4.2 It shall be the duty of the secretary of the Planning and Zoning
Commis sion to keep up to date the triplicate originals on file in
his office, and in the office of the Building Inspector, and in the
City Council Chamber, showing all the changes, amendments or
additions thereto, and noting on such maps the ordinance number
and date of passage of each such change, amendment, or addition.
4.3 When definite distances in feet are not shown on the Zoning Maps,
the zone 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 Map.
4.4 When streets or alleys on the ground differ from the streets or
alleys as shown on the Zoning Map, the Building Inspector may
apply the zone designations on the map to the street or alleys on
the ground in such manner a s to confrom to the intent and purpose
of this Ordinance.
4.5 Whenever any street or alley is vacated, the particular zone in
which the adjacent property lies shall be automatically extended
to the center line of any such street or alley.
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4.6 All territory which may hereafter be annexed to the City of Colley-
ville shall automatically be classed as lying and being in "R_l"
zones until such classification shall have been changed by an
amendment to the Zoning Ordinance a s provided by law.
ARTICLE 5, - REG ULATrONS FOR ALL ZONES
5.1 USE: No building or structure shall be erectedl constructed, re-
constructed or altered, nor shall any building, structure or land
be used for any purpose other than is permitted in the zone in
which such buildingl structure or land is situated.
5.2 HEIGHT: No building or structure shall be erected, constructed,
reconstructed or altered to exceed the height limit herein esta-
blished for the zone in which such building or structure is located.
5.3 AREA: No lot area shall be reduced or diminished so that the yards
or other open spaces shall be smaller than prescribed by this Or-
dinance, nor shall the density of population be increased in any
manner, except in conformity with the area regulations established
herein. No parking area, parking space, or loading space which
existed at the time this Ordinance became effective or was sub-
sequent thereto is provided for the purpose of complying with the
provisions of this Ordinance, shall thereafter be relinquished or
reduced in any manner below the requirements established by this
Ordinance; and every building hereafter erected shall be located
on a lot as herein described, and in no case shall there be more
than one building on one lot, except as hereinafter provided.
ARTICLE 6. - "R-1" - SINGLE FAMILY ZONE
The follo'Wing regulations shall apply in all" R-1" Zones:
6.1 USES PERMITTED:
6.1-1 Dwellings, one family.
6.1-2
Public parks and play grounds, including public recrea-
tion or service buildings within such parks.
6.1-3
Golf courses (except miniature golf courses, driVing
ranges and other similar activities operated as a business)
6.1-4
Agriculture, nurseries, and truck gardens limited to the
propagation and cultivation of plants; provided no retail
or wholesale business shall be conducted upon the pre-
mises and provided that no obnoxious fertilizer is stored
upon the premises, and no obnoxious soil or fertilizer
renovation is conducted thereon.
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Tool house and construction shed to be used for con-
struction purposes only, and which shall be removed
upon completion or abandonment of construction work.
Customary home occupations ordinarily carried on in a
home that are not detrimental or injurious to adjoining
property. These may include dressmaking, millinery,
washing, ironing, the office of a physician, dentist,
surgeon, architect, lawyer, engineer, mu sician or ar-
tist provided that such uses are located in the dwel-
ling used by such a person as his or her private resi-
dence, and provided that no assistant, not a member
of the family residing on the premises, is employed.
Said incidental use shall never be permitted as a
principal use but only a s a secondary use when indi-
spensably necessary to the enjoyment of the premises
and cannot involve the conduct of retail busines ~.
Customary home occupations shall not include barber
shops, beauty shops, carpenter shops, electrician
shops, plumbing shops, radio shops, tin shops, auto
repairing, furniture repairing, or other similar uses.
No power other than electric and of not more than 1/4
horsepower may be used in anyone machine, and not
more than one (1) horsepower total may be used in said
permitted activities.
Municipal surface or underground or overhead water
storage, water wells, and pumping stations.
6.2 HEIGHT AND AREA REQUIREMENTS:
6.2-1
6.2-2
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Height: The main building shall not exceed thirty-five
(35) feet, and shall not exceed two and one-half (2 1/2)
stories in height.
Front Yards: Any building hereafter constructed shall
provide for a front yard, the minimum depth of which
shall be at least thirty (30) feet.
Side Yards: There shall be a side yard on each side of a
building not less than five (5) feet in width, Buildings
on corner lots shall have 15 foot side yards adjacent to
the street where the rear lot lines of the properties coin-
cide. Where the rear lot line of corner lots coincide
with side lot lines, 25 foot minimum side and front yards
adjacent to the street shall be provided on the corner lots.
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Rear Yards: The depth of the rear yard shall be at lea st
thirty (30) percent of the depth of the lot, but such depth
need not be more than thirty (30) feet.
Width of Lot: The minimum width of a lot shall be seven-
ty (70) feet, provided that where a lot has less width than
herein required, in separate ownership at the time of the
passage of this Ordinance, this regulation will not pro-
hibit the erection of a one family dwelling.
. -::....
Lot Area Per Family: Every single family dwelling here-
after erected or altered shall provide a lot area of not
less than 7,800 square feet per family, provided that
where a lot 'has less area than herein required in separ-
ate ownership at the time of the passage of this Ordi-
nance, this regulation shall not prohibit the erection
of one family dwelling. Where a public or community
sewer is not available and in use for the disposal of
all sanitary sewage, ~ach lot shall prOVide not less
than ten thousand (10,000) square feet per family.
Floor Area: Every dwelling unit hereafter erected, con-
structed,reconstructed, or altered in a II R-l" Zone shall
have a floor area, excluding basements, upon and screened
porches, and garages of not less than 1, .:.no square feet.
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ARTICLE 7. - "R-2" - TWO-FAMILY ZONES
The following regulations shall apply in all" R-2" Zones:
7.1 USES PERMITTED:
7.1-1
7.1-2
Any use permitted in "R-l" zones.
Dwellings, two-family
7 . 2 HEIGHT AND AREA REQUIREMENTS:
7.2-1
7.2-2
7.2-3
7.2-4
7.2-5
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Height: Same as "R-1" zones.
Front Yards: Same as "R-l" zones.
Side Yards: Same as" R-l" zone s.
Rear Yards: Same as "R-l" zones.
Width of Lot: Same as "R-l" zones.
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7.2-7
Lot Area per Family: Every two-family dwelling herein-
after erected or altered shall provide a lot area of not
less than five thousand (5,000) square feet per family.
-
Floor Area: Every dwelling her~!nafter erected, con-
structed, reconstructed, or altered in a "R-2" Zone
shall have a floor area, excluding basements, open
and screened porches" and garages" of not less than
1,,886 square feet for each family.
7;;-0
ARTICLE 8. - "R-3"- MULTI-FAMILY ZONES
The follOwing regulations shall apply in all" R-3" Zones:
8.1 USES PERMITTED:
8.1-1
8.1-2
8 .1-3
8.1-4
8.1-5
8.1-6
8.1-7
8.1-8
8.1-9
8.1-10
8.1-11
Any use permitted in anyone of the foregoing" R" Zones.
Multi-family dwellings and apartment houses.
Boarding and lodging houses.
Hotels and apartment hotels.
.i
Hospitals, sanitariums" or homes for convalescence or
aged other than for the insane of feeble minded or alcho-
holies.
Schools (private, elementary, high, college, and univer-
sities) .
C hurche s.
Libraries, museums, art galleries.
Fire stations I police stations, public administrative offices.
Private clubs, fraternal orders, or civic organizations, ex-
cept those whose chief activity is carried on as a business.
Public recreation buildings" community buildings, little
theatre groups.
8.2 HEIGHT AND AREA REQUIREMENTS:
8.2-1
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Height: Buildings or structures shall not exceed forty-five
(45) feet and shall not exceed three (3) stories in height.
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8.2-2
8.2-3
8.2-4
8.2-5
8.2-6
Front Yards: Same as "R-l" Zones.
Rear Yards: The depth of the rear yard shall be at least
twenty-five (25) percent of the depth of the lot, but such
depth need not be more than twenty-five (25) feet.
Width of Lot: Same as" R-l" Zones G
Lot Areas: The minimum area of a lot in the" R-3" Zones
shall be 7,800 square feet for a one-family dwelling, or
10,000 square feet for a two-family dwelling, and for
multi-family dwellings, shall not be less than 15,000
square feet.
Every multi-family dwelling hereinafter erected, constructed,
reconstructed, or altered in an" R-3" zone shall have a floor
area, excluding common corridors, basements, open and
screened porches, and garages, of not less than 5 60 square
feet for each efficiency or one bedroom unit; 740 square
feet for each two bedroom unit and 980 square feet for each
three bedroom unit.
ARTICLE 9 - "C-l"- LOCAL BUSINESS ZONE
The following regulations shall apply in all'fC-l'( Zones:
9.1 USES PERMITTED:
9.1-1
9.1-2
9.1-3
9.1-4
9.1-5
9.1-6
9.1-7
9.1-8
9.1-9
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Any use permitted in the It R'( Zones.
Automobile parking lots for pa s senger cars only.
Bakeries employing not more than five (5) persons on the
premises.
Barber and Beauty Shops.
Battery stations.
Bicycle repair shops, electrical repair and It fix-it'. shops.
Cleaning, pressing and dyeing establishments, employing
not more than five (5) persons on the premises, provided
that only non-explosive cleaning fluids shall be used.
Clinic (medical or dental)
Filling stations, provided all storage tanks for gasoline
shall be below the surface of the ground.
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9.1-10
9.1-11
9.1-12
9.1-13
9.1-14
9.1-15
9.1-16
9.1-17
9.1-18
9.1-19
9.1-20
9.1-21
9.1-22
9.1-23
9.1-24
9.1-25
9.1-26
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Frozen food lockers for individual or family use.
Garages (Storage).
Greenhouses (Commercial)
Ice delivery stations for storage and sale of ice at retail
only.
Laundries employing not more than five (5) persons on the
premises.
Mortuaries.
Offices, business or professional, including banks.
Photographic printing shops.
Radio and television shops.
Restaurants, cafes or cafeterias, where there is no floor
show or other form of entertainment.
Schools operated as a business.
Shoe repair shops.
Shops for custom work, or the manufacture of articles to
be sold at retail only, on the premises, provided that in
such manufacture the total mechanical power shall not
exceed five (5) horsepower for the operation of anyone
shop, and provided that the space occupied by the manu-
facturing use permitted herein shall not exceed fifty (50)
percent of the total floor area of the entire building or
the equivalent of the ground floor area thereof, and pro-
vided further that such manufacturing use is not noxious
or offensive by rea son of vibration, noise, odor, dust,
smoke or ga s.
Stores, shops and markets for retail trades except second-
hand merchandise establishments.
Studios (art, dance, music, drama, reducing, photogra-
phic, interior decorating).
Kindergarten.
Childrenl s Nursery.
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9.2 HEIGHT AND AREA REQU1REMENTS:
9.2-1
9.2-2
9.2-3
9.2-4
9.2-5
9.2-6
9.2-7
Height: No Maximum
Front Yards: Same as "R-l" Zones except where esta-
blished buildings in this zone within the same block
have front yards of less depth.
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 a "R-l" to "R-3" zone inclusive a side
yard of not less than five (5) feet shall be provided.
Rear Yards: The depth of the rear yard shall be at lea st
fifteen (15) percent of the depth of the lot, but such depth
need not be more than twenty (20) feet.
Width of Lot: The minimum width of a lot shall be fifty
(50) feet, if used exclusively for uses enumerated in "R-l"
to "R-3" zones inclusive, except as otherwise provided
in "R-l" zones. For other uses the width may be less.
Corner Lots: A minimum twenty-five (25) foot front yard
and side yard adjacent to streets shall be required on all
corner lots. A canopy at lea st six (6) feet in height, at-
tached to the main building may be built within 15 feet of
the street line so long as such construction is not sup-
ported by columns which will obstruct the vision of vehi-
cles driving upon adjacent streets.
Lot Area Per Famil~ Same as "R-3" Zones.
ARTICLE 1 O. - "C- 2" - GENERAL BU SINESS ZO NES
The following regulations shall apply in all "C-2" Zones.
10.1 USES PERMITTED:
10.1-1
10.1-2
10.1-3
10.1-4
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Any use permitted in the preceding "C" and" R" Zones.
Assembly Halls
Automobile or trailer sales rooms or yards, provided no
vehicles shall be displayed outside the building within
twenty (20) feet of the front and/or side curb lines and
regulations regarding repairs shall be the same as for
garage (public) in this zone.
Billiard Halls
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10.1-5
10.1-6
10.1-7
10.1-8
10.1-9
1001-10
10..1-11
10.1-12
10.1-13
10.1-14
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Bowling Alleys, Dance Halls, Shooting Galleries, Skating
Rinks, and similar commercial recreation buildings or ac-
tivities; provided, however that the same shall be not less
than two hundred (200) feet from any existing clinic, hos-
pital, school or church, and shall be not less than two
hundred (200) feet from a .. R-l" to" R-3" zone inclusive.
Bus passenger stations.
Garages (Public), other than premises where used vehicles
are dismantled or used parts are sold, except that in pub-
lic garages no repair facilities or activities shall be main-
tained or carried on out side of the building or in the front
portion of the first story of the building within thirty (30)
feet of the front of the building and no body or fender re-
pairs shall be conducted on any premises adjacent at the
side or rear to an "R-l" to" R-3" zone inclusive. Garages
located on corner lots may front on either street, shall
provide not more than one driveway entrance, and one
driveway exit to the building and no repair facilities or
activities shall be carried on in the front portion of the
building within thirty (30) feet of the de signa ted front of
the building.
Miniature golf courses.
Newspaper publishing plants.
Printing shops, provided the total mechanical power used
in the operation of such printing plant shall not exceed
five (5) horsepower.
Storage in bulk of, or warehouse for, such materials as:
Clothing, drugs, drygoods, food, furniture, glass, gro-
ceries, hardware, household goods, lubricating 011, mil-
linery, paints, paint materials, pipe, rubber, shop sup-
plies, tobacco, turpentine, and varnish, all when inci-
dental to sale at retail on the premises.
Theatres and picture shows except drive-in theatres.
Wholesale sales offices and sample rooms.
Any retail business or use of a similar character to those
listed above and not included in or excluded from any other
zone described herein, provided that such use is not nox-
ious or offensive by reason of vibration, noise, odor, dust,
smoke or ga s.
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10.2 HEIGHT AND AREA REQUIREMENTS:
10.2-1
10.2-2
10.2-3
10.2-4
10.2-5
10.2-6
10.2-7
10.2-8
Height: No maximum.
Front Yards: Any building hereinafter constructed shall
provide a front yard the minimum depth of which shall be
twenty-five (25) feet from the street line (front property
line), provided that if forty (40) percent or more of the
frontage on the same side of a street between two inter-
secting 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.
Width of Lot: Same as "C-l" zones.
Comer of Lots: Same as "C-l" zones.
Buildings hereinafter erected for dwelling purposes ex-
clusively within the "C-2" zones shall comply with the
front/ side, and rear yard requirements of" R-3" zones.
Side Yards: Same as "C-I" zones.
Rear Yards: Same as "C-l" zones.
Lot Area per Family: Same as "R-3" zones.
ARTICLE 11. - "C-3" - COMMERCIAL ZONES
The following regulations shall apply in all" C-3" Zones:
11.1 USES PERMITTED:
11.1-1
11.1-2
11.1-3
11.1-4
11.1-5
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Any use permitted in the preceding "C" and" R" Zones.
Bottling works.
Chemical laboratories not producing noxious fumes or
odors.
Farm machinery sales and service, provided no repair
facilities shall be maintained or carried on outside the
building / and no machinery shall be displayed outside
within thirty (30) feet of the front lot line.
Lumber yards provided the storage yard is completely sur-
rounded/ excepting entrance points, on all sides by a solid
wall or fence not less than eight (8) feet high.
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11.1-6
11.1-7
11.1-8
11.1-9
11.1-10
11.1-11
11.1-12
11.1-13
11.1-14
11.1-15
Milk Bottling or distribution plants.
Moving, transfer or storage plants.
Photo engraving plants.
Plumbing shops, provided no material or equipment is
stored in the front or side yards.
Printing Plants.
Produce markets (Wholesale).
Sign painting plants.
Veterinary hospitals.
Motels and tourist courts.
Any comparable business or use not included in or ex-
cluded from any other zone described herein, prOVided
that such use is not noxious or offensive by rea son of
vibration, noise, odor, dust, smoke or gas.
11.2 HEIGHT AND AREA REQUIREMENTS:
11'.2-1
li.2-2
11.2-3
11. 2-4
11.2-5
11.2-6
11.2-7
Height: No maximum.
Front Yards: Same as "C-2'1 Zones.
Side Yards: Same as "C-1" Zones.
Rear Yards: Same as IIC-l'l Zones.
Width of Lot: Same as IIC_l,1 Zones.
Lot Area per Family: Same as 'IR-3'f Zones.
Buildings hereinafter erected for dwelling purposes ex-
clusively within the "C-3" Zones shall comply with the
front, side, and rear yard requirements of II R-3" Zones.
ARTICLE 12. - II M-1"-LIGHT INDUSTRIAL ZONES
The following regulations shall apply in all II M-l'l Zones:
12.1 USES PERMITTED:
12.1-1
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Any use permitted in "C-3" zones, except dwelling
houses, clubs, hotels, educational and institutional
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12.1-2
12.1-3
12.1-4
12.1-5
12.1-6
12.1-7
12.1-8
12.1-9
12.1-10
12.1-11
12.1-12
12.1-13
12.1-14
12.1-15
12.1-16
12.1-17
12.1-18
12.1-19
12'..1-20
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uses, provided that the necessary watchmen, caretakers,
etc., will be permitted to live on the premises of indus-
trial plants.
Bakeries.
Blacksmith or wagon shops.
Bus Barns or lots.
Canning or preservice factories.
Carpenter, cabinet, or pattern shops, provided that no
mechanical power in excess of five (5) h. p. is used in the
operation of anyone machine.
Carpet cleaning establishments
Cold storage plants
C rea merie s
Electro-plating works
Flour mills, feed mills and grain processing
Forge s (hand)
Freight terminals (rail or truck)
Galvanizing works
Grain Elevators
Ice Plants
Laundries
Lumber yards
Mach ine shops, provided that no mechanical power in
excess of five (5) h.p. is used in the operation of any
one machine.
Manufacture of products such as: Articificial flowers,
feathers I plumes: awnings; bags: blacking: small boats:
bone products; brooms and brushes; buttons and novelties;
candy: canvas products; cement products; concrete blocks;
chemicals (un-offensive); cigars: cleaning or polishing
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12.1-22
12.1-23
12.1-24
12.1-25
12.1-26
12.1-27
preparations; clothing; coffee (roasting); cosmetics; cotton
seed; peanut or similar products; drugs or medicines~ elec-
trical signs; extracts~ food products; fruit juices~ gas or
electric f1xtures~ ice cream; leather products~ light metal
products; musical instruments~ paper products; sausage~
shell products; shoes and boots~ syrup~ terra cotta or tile
handcraft products; textiles; toys~ wooden ware.
Monument or marble works, finishing and carving only,
excluding stone cutting.
Planing mills, provided that no mechanical power in excess
of five (5) h. P. is used in the operation of anyone machine.
Plumbing and sheet metal shops (allowing punching of mat-
erial of 1/8 or less in thickness).
Poultry killing or dressing for commercial purposes.
Sales rooms, yards and service for farm machinery, con-
tractors' equipment and oil well supplies.
Storage in bulk of, or warehouse for, such materials as:
Asphalt. brick~ building material~ cement; coal~ contractor s
equipment; cotton; feed~ fertilizer; grain~ gravel; grease;
hay~ ice; lead; lime; machinery; metals; oil; pIa ster; poultry~
roofing; rope; sand; stone~ tar~ tarred or creosoted products~
terra cotta; timber; wood~ all when incidental to sale at re-
tail or for the purpose of constructing improvements on the
premises.
Manufacture of any similar character to that herein listed,
other than specified in It M-21t zones, prOVided such use
is not noxious or offensive by reason of vibration, noise,
odor, dust, smoke or gas.
12.2 HEIGHT AND AREA REQUIREMENTS:
12.2-1
12.2-2
12.2-3
12.2-4
12 ~ 2-5
12.2-6
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Height: No maximum.
Front Yards: Same as ltC-Zit Zones.
Side Yards: Same as ltC-lit Zones.
Rear Yards: Same as "C-l" Zones.
Width of Lot: Same as ltC_lit Zones.
Lot Area per Family: Same as If R-3'( Zones.
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Buildings erected hereinafter for dwelling purposes ex-
clusively within the" M-1" Zones shall comply with the
front, side, and rear yard requirements of "R-3" Zone s.
ARTICLE 13. - II M-2"-HEAVY INDUSTRIAL ZONES
The following regulations shall apply in all "M-2" Zones:
13.1 USES PERMITTED:
13.1-1
13.1-2
13.1-3
13.1-4
13.1-5
13.1-6
13.1-7
13.1-8
13.1-9
13.1-10
13.1-11
13.1-12
13.1-13
13.1-14
13.1-15
13.1-16
13.1-17
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Any use permitted in 11 M-1" Zones.
Ammonia, bleaching powder, chemical plants.
As saying work (other than gold or silver).
Blooming or rolling mill s.
Carpenter, cabinet or pattern shops.
Cider Mills.
Concrete or asphalt mixing plants.
Cooperage works.
Cotton ginning or baling works.
Enameling works.
Electric Power plant s.
Forges (power)
Foundries (iron, brass, bronze, aluminum).
Hides and skins (storage, curing or tanning).
Lumber Mills
Machine Shops
Manufacturing of such products as: Adding machines,
ca sh registers, typewriters; alcohol; asphalt; ba sket mat-
erial; boats; boilers; boxes; bronze; cans; carbon batteries;
electric lamps; carbon or lamp black; carriage or wagon
parts; celluloid or similar materials; clay, shale and gla ss
products; creosote; cutlery or tools; disinfectant, insecti-
cides; dyes; electrical machinery; furniture; glass; iron
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and steel; locomotives; motor cars, bicycles, airplanes;
nuts, bolts, screws, etc.; oil cloth, linoleum; paint; Japan,
lacquer, 011, turpentine, varnish, enamel, etc.; railway
cars; rubber, synthetic rubber products; shoddy; soap;
starch, glucose, dextrin; tar products; tabacco (chewing);
tools; vinegar.
13.1-18 Meat or fish packing or storage plants.
13.1-19 Metal stamping shearing, punching works, etc.
13.1-20 Monument or Marble Works.
13.1-21 Oil Compounding and barreling plants.
13.1-22 Planing Mills.
13.1-23 Railroad round houses or shops.
13.1-24 Rock crushers.
13.1-25 Sheet metal shops.
13.1-26 Steel Furnaces.
13.1-27 Structural iron or pipe works.
13.1-28 Sugar refineries.
13.1-29 Tar distiliation or manufacture.
13.1-30 Welding.
13.1-31 Wire or rod mills.
13.1-32 Wood distillation plants (charcoal, tar, turpentine, etc.).
13.1-33 Wool scouring works.
13.1-34 Any other uses not now or hereinafter prohibited by ordinance
of the City of Colleyville regulating nuisances, except that
the following uses will be permitted only by approval of the
City Council after report from the Health Department, Fire
Department, and City Planning and/or Zoning Commission:
a. Acid manufacture.
b. Cement, lime, gypsum or plaster of paris manufacture.
c. Distillation of bones.
d. Explosive manufacture or storage.
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e. Fertilizer manufacture and storage.
f. Gas manufacture.
g. Garbage, offal or dead animal reduction or dumping.
h. Paper or pulp manufacture.
1. Petroleum or its products, (refining of)
j. Smelting of tin, copper, zinc or iron ores.
k. Stock yards or slaughtering.
1. Wholesale storage of gasoline.
m. Auto wrea king yard s .
n. Junk yards, including storage, sorting, baling, or
processing of rags.
Drive-in restaurants, refreshment stands, etc., where
persons are served in their automobiles.
13.2 HEIGHT AND AREA REQUIREMENTS:
13.2-1
13.2-2
13.2-3
13. 2-4
13.2-5
Height: No maximum.
Front Yards: No front yard is required except that where
an "M-2" Zone lies within the same block and fronts upon
the same street with an "R-l" to "C-3" Zone inclusive,
and no lot within said" M-2" Zone is occupied by a build-
ing with a front yard of less depth than required in that
of an "R-l" to "C-3" Zone inclusive adjoining, then in
such ca se the front yard requirements of such adj oining
"R-l" to "C-3" Zone inclusive shalll1kewise be applica-
ble to such" M-2" Zone.
Side Yards: Same as "C-l" Zones.
Rear Yards: Same as "C-1" Zones.
Width of Lot: No minimum.
ARTICLE 14. - SPECIAL PERMITS
14.1 General Conditions
14.1-1
14.1-2
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A speCial permit may be granted by the City Council of the
City of Colleyvllle, for the construction of a building and/
or the establishment of a use as described herein, upon a
tract of land in single ownership or under unified control.
Upon application for a special permit and submission of a
development plan and construction schedule, the planning
and Zoning Commission shall conduct a public hearing,
duly advertised and with proper notice being given to all
parties affected, as provided herein. Said development or
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site plan shall be drawn to scale and shall show the arrange-
ment of the project in detail, including, parking facilities, lo-
cations of buildings, building uses to be permitted, means of
egress and ingress, and other pertinent information.
After public hearing and upon recommendation of the Planning
and Zoning Commission, the City Council may modify the fi-
nal development plan and issue a special permit containing
such requirements and safeguards as are necessary to protect
adjoining property. Said requirements and safeguards may
include but shall not be restricted to the paving of streets,
alleys, and sidewalks, means of ingress and egress to the
public streets, provisions for drainage, parking space and
street layouts, protective screening, and open spaces.
Failure to begin construction as scheduled under the terms of
a special permit shall void the permit as approved, except
upon an exte~tion of time granted after application to the Zon-
ing Board of Adjustment. If construction is terminated after
the completion of any stage and there is ample evidence that
further development is not contemplated, the ordinance esta-
blishing such special permit may be rescinded by the City
Council, and the previous zoning of the entire tract shall be
in full effect on the portion w.hich is undeveloped.
Every special permit granted a s provided herein shall be con-
sidered as an amendment to the zoning ordinance as applica-
ble to such property. Conditions which may have been im-
posed by the City Council in granting such permit shall be
complied with by the grantee before a certificate of occupan-
cy may be issued by the building inspector for the use of the
buildings on such property.
14.2 Special permit uses and specified zones:
14.2-1
14.2-2
14.2-3
14. 2-4
14.2-5
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Private housing projects and shopping centers.
Any use of public building to be erected or used by the City,
county, state or federal government.
Public elementary and high schools not specifically permitted
herein.
Private schools, day nurseries, kindergartens, dancing schools,
drama schools, etc., not specifically permitted herein.
Institutions of a religious, educational, or philanthropic nature
not specifically permitted herein.
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14.2-10
14.2-11
14.2-12
14.2-13
14.2-14
14.2-15
14.2-16
14.2-17
Private clubs and community buildings on a site of one (1)
acre or more not specifically permitted herein.
Municipal water supply reservoirs, filter beds, and fil-
tration plants.
Hospital, dental and medical offices, clinics, children's
homes, convalescent homes, old people's homes, or mater-
nity homes not specifically permi~ted herein.
Temporary commercial amusement enterprises such as cir-
cuses, driving ranges, minature golf courses, and rodeos
not specifically permitted here:..n.
Riding academy or public stable.
Commercial radio broadcasting towers and stations, televi-
sion towers and television transmitting stations.
Motels and tourist courts in "R-3", "C-I", and "C-2"Zones.
Drive-in theatres in any commercial or industrial zone, or
on site of ten (10) acres or more.
Trailer coach parks in any multi-family, commercial or in-
dustrial zone.
Drive-in restaurants, refreshment stands, etc., where per-
sons are served in their automobiles, in any commercial
zone.
Dog kennels and veterinarian hospitals in any "C-l" ,IC-2"
or industrial zone.
Auto wreaking yards and junk yards, in an "M-l" Zone, if
enclosed within a solid fence or wall at least six (6) feet
high.
ARTICLE 15. - GENERAL PROVISIONS AND
EXCEPTIONS - USE, HEIGHT,.
AND AREA REGULATIONS
The regulations specified in this Ordinance shall be subject to the following
General Provisions and Exceptions:
15 .1 General Provisions~
15.1-1
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No tent, boxcar, shack or other structure shall be constructed,
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erected, or moved in or onto any location in the City of
COlleyvil1e, if such tent, boxcar, shack or other struc-
ture does not conform with the sanitary, health, and
building regulations of such location or is not in keep-
ing with the average value and construction of established
property in any such location. This Article shall not ap-
ply to those temporary buildings used in connection with
a construction project; provided that such buildings shall
be removed within thirty (30) days after occupancy of the
permanent building being constructed.
Household pets which are normally and customarily kept
as household pets, excluding chickens, pheasants,cows,
horses, sheep, goats, and other fowls and livestock, will
be allowed in any Zone. Fowl and/or livestock may be
kept in any zone on a tract which exceeds 20,000 square
feet, provided that on such tract there shall not be kept
more than one head of livestock nor more than 50 fowl on
each 20,000 square feet of tract area, and provided that
no such livestock or fowl shall be allowed to roam, graze,
or be housed within 50 feet of any residence on adjacent
property.
Temporary real estate sales offices, whether portable or
non-portable shall be permitted in the" R" zones, upon
issuance of a permit by the Building Inspector, for a per-
iod not to exceed 18 months. Extensions in time for the
purposes of such use shall be allowed only by action of
the City Council.
A permanent screening fence of masonry and/or solid wood
(weathex:-resistant redwood, cedar, or equal), not Ie s s
than six feet in height, shall be erected prior to the begin-
ning of any other construction on commercial property tha t
abuts on residentially zoned property. Said screening
fence shall be erected along the entire length of the com-
mon line between such commercial property and the abut-
ting residential property, and it shall be permanently and
adequately maintained by the commercial property owner.
On any lot on which a front yard is required by this Ordi-
nance, no wall fence, or other structure shall be erected
and no hedge, tree, shrub or other growth or structure of
any kind shall be maintained in such location within such
required front yard so a s to obstruct the view. Any such
fence, wall, hedge, or shrubbery higher than a base line
extending from a point 2 1/2 feet above walk grade at the
walk to a point 4 1/2 feet above walk grade at the depth
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of the front yard required is considered an obstruction to
view, except single trees having a single trunk which are
pruned to a height of seven feet above walk grade.
No billboard, signboard, or advertising sign shall be per-
mitted in any" R-l" or" R-2" Zone, except an unilluminated
"For Sale" or" For Rent" sign, not to exceed eight square
feet in area.
No lot, tract, or area located in an "R" Zone, upon which
are existing dwellings or other buildings, shall be changed
to a "e" Zone until said dwellings or other buildings have
been demolished or reconstructed to meet commercial con-
struction standards, except upon application for a Special
Permit, as provided in Article 14 herein.
15 . 2 Height Exception:
15 . 2-1
15.2-2
15.2-3
15. 2-4
In any zone, public or semi-public buildings, such as hos-
pitals, hotels, churches, sanitariums or school s, where per-
mitted, may be erected to a height not exceeding seventy-
five (75) feet, prOVided that such buildings shall have yards
the depth or width of which shall be increa sed one (1) foot
on all sides for each additional foot that such buildings ex-
ceed the specified height limit as established by the regu-
lations of the zone in which such buildings are situated.
Dwellings in "R-l" or" R-2" Zones may be increased in
height not exceeding twn (10) feet in addition to the limita-
tions of two and one-half (2 1/2) stories, or thirty-five (35)
feet, as prescribed in such zones, prOVided that two side
yards of not less than fifteen (15) feet in width each are pro-
vided. In no case shall such dwellings, however, exceed
three (3) stories in height.
Parapet walls and false mansards shall not extend more than
six (6) feet above the height limit.
On through lots one hundred twenty-five (125) feet or less
in depth, the height of a building may be measured from the
curb level of either street. On through lots of more than
one hundred twenty-five (125) feet in depth, the height regu-
lations for the street permitting the greater height, shall
apply to a depth of not more than one hundred twenty-five
(125) feet from that street.
15.3 Area Exceptions:
15.3-1
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For any building used jointly for business and dwelling pur-
poses or industry and dwelling purposes, the number of
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families permitted by the lot area requirements per family
shall be reduced in the same proportion as the floor area
devoted to business or industry bears to the entire floor
area of the building, provided that floor area below the
first floor of such building shall not be included in any
calculation under this provision.
For any building providing jointly for hotel and apartment
house uses, the number of families permitted in apartments
by the lot area requirements per family shall be reduced in
the same proportion a s the total floor area devoted to ho-
tel or non- housekeeping room bears to the total floor area
devoted to both uses.
15.4 Yard Exceptions:
15 . 4-1
15.4-2
15.4-3
15 . 4-4
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In "R-I" to "R-3" Zones inclusive, where lots comprising
forty percent (40%) or more of the frontage, on the same
side of a street between two intersecting streets, (ex-
cluding reverse comer lots) are developed with buildings
haVing front yards with a variation of not more than ten
(10) feet in depth, the average of such front yards shall
establish the minimum front yard depth for the entire fron-
tage, except that where a recorded plat has been f!led
showing a setback line which otherwise complies with the
requirements of this Ordinance, yet is less than the estab-
lished setback for the block as provided above, such set-
back line shall apply; provided that the Board may permit
variations in case of hardship, or where the configuration
of the ground is such as to make conformity with the front
yard requirements impractical.
Where an official line has been established for future widen-
ing or opening of a street upon which a lot abuts, then the
depth or width of a yard shall be mea sured from such offi-
cial line to the nearest line of the building.
Every part of a required court or yard shall be open from its
lowest point to the sky unobstructed, except for the ordinary
projection of sills, belt courses, cornices, chimneys, but-
tresses, ornamental features and eaves; provided that none
of the above proj ections shall extend into a minimum yard
more than twenty-four (24) inches; and provided further that
canopies or open porches having a roof area not exceeding
sixty (60) square feet may project a maximum of six (6) feet
into the required front or rear yard.
An open fire escape may project into a required side yard
not more than half the width of such yard, but not more than
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four (4) feet from the building. Fire e s ca pe s, s ol1d
floored balconies and enclosed outside stairways may pro-
ject not more than four (4) feet into a rear yard.
Except as specifically required adjacent to a "R-I" to
"R-3" Zones inclusive, buildings in "C-I", "C-2" /'C-3",
"M-1" or" M-2" Zones, used wholly or partially for busi-
ness or industrial purposes, need not provide a side yard,
provided that portions of such buildings which are designed
or used for dwelling purposes shall provide on any floor so
used, in addition to the front and rear yard requirements,
open space equivalent to the area of side yards for buildings
used exclusively for dwelling purposes in the zone in which
such building is situated. Such open space may be in the
form of additional front or rear yards or one or more courts
opening to the street or rear yard.
No rear yard shall be required in "C-l" to "M-Z" Zones in-
clusive on any lot used for business or industrial purposes,
the rear line of which adjoins a railway right-of-way or
which has a rear railway tract connection.
In computing the depth of a rear yard for any building where
such yard abuts an alley, one-half (l/Z) of such alley may
be assumed to be a portion of the rear yard.
On 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 18 feet from the rear lot line, and shall not
occupy more' than 30% of the required rear yard.
ARTICLE 16. - ACCESSORY BUILDINGS AND USES
16.1 Accessory Buildings and Uses Permitted
16.1-1
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Buildings or uses which are customarily accessory to a
use permitted in one zone shall not be permitted in a
zone of a higher classification.
For any single family dwelling, there shall be permitted
one detached private garage, provided that such garage
shall be located not less than sixty (60) feet from the
front lot line, nor less than six (6) feet from any side lot
line, nor less than one (1) foot from any alley line, ex-
cept that when the rear lot line is common to a side or rear
lot line of another lot, such outbuilding must be 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 dwellings
from side streets.
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In any Zone, a detached accessory building not exceeding
twenty-four (24) feet on two stories in height, or in any
case not higher than the main building, may occupy not
more than thirty (30) percent 9f a rear yard. In II R-3"
through II M-2" Zones inclusive, if such building is not
more than one story or sixteen (16) feet high, it may occupy
forty (40) percent of the rear yard. No part of a detached
accessory building shall be closer than ten (10) feet to the
main building, provided that a detached accessory building
may be connected with the main building by a lightly con-
structed, covered passage, open on each side and not more
than six (6) feet wide inside, the roof of which is not more
than twelve (12) feet high at its highest point, and is not
an extension of the roof of the main building.
ARTICLE 17. - OFF-STREET PARKING AND
LOADING REGULATIONS
17.1 Off-street parking for motor passenger vehicles shall be provided in
the form of garages and/or open parking areas in accordance with the
following:
17.1-1
17.1-2
17.1-3
17.1-4
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Single and two-family dwellings--one parking space for
each family unit, either on the premises in the rear or side
yard or in a community garage.
Apartment houses, multi-family dwellings, motels, hotels,
apartment hotels, fraternity and sorority houses, dormitor-
ies, lodging houses, or clubs--one parking space for each
bedroom, with a minimum total of one and one-half (1 1/2)
parking spaces for each unit, either on the premises, or
within one thousand (1,000) feet on land zoned for business
or industry, or on a site approved by the Zoning Board of
Adjustment after public ,hearing.
Hospitals and institutions--one parking space for each
one thousand (1,000) square feet of floor space in said
building, either on the premises or within one thousand
(1" 000) feet on land zoned for business or industry, or on
a site approved by the Zoning Board of Adjustment after
Public Hearing.
Places of a ssembly including theatres, auditoriums, churches,
stadiums, and other places of public assembly--one parking
space for each four (4) seats of the total audience seating
capacity of the building, structure or part thereof, located
either on the same lot with such building, or within one
thousand (I" 000) feet thereof, on land zoned for business
or industry, or on a site approved by the Zoning Board of
Adjustment after Public Hearing.
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Business or industrial buildings--three (3) parking spaces
for each two hundred fifty (250) square feet of floor area in
said building located either on the same lot with the main
building, or within one thousand (1,000) feet therefrom on
land zoned for business or industry.
17.2 All open parking areas as herein provided shall be surfaced with a
permanent, dust-free pavement. Ingress and egress shall be only by
way of paved driveways or openings. No parking shall be permitted
within six (6) feet of an adjoining lot located in the" R-l" to" R-3"
Zones inclusive. Any lights used to illuminate said parking area s
shall be so arranged as to direct light away from any adjoining pre-
mises located in "R-l" to "R-3" Zones inclusive. Where such park-
ing area is located in an "R" Zone, no fee shall be charged for park-
ing thereon, and no signs of any kind shall be erected except those
necessary for the orderly parking thereon.
17.3 Driveway approaches and curb openings in all districts shall be con-
structed in accordance with existing ordinances of the City of Colley-
vUle.
17.4 Loading space for business and industry--any business or industrial
buildings, hospital, institution, or hotel hereafter erected, constructed,
reconstructed or altered, in any zone, shall provide adequate off-street
facilities for the loading and un-loading of merchandise and goods with-
in or adjacent to the building, in such a manner as not to obstruct free-
dom of traffic movement on the public streets or alleys.
ARTICLE 18. - NON-CONFORMING BUILDINGS
AND USES
The lawful use of any building, structure or land existing at the time of the enact-
ment of this ordinance may be continued although such use does not conform with
the provisions of this Ordinance provided, however, the right to continue such
nonconforming uses shall be subject to regulations prohibiting the creation of a
nuisance and shall terminate when inappropriate use of the premises produces a
condition which constitutes a nuisance and further, the right of non-conforming
uses to continue shall be subject to such regulations, as the maintenance of the
premises and conditions of operations as may in the judgment of the Board of Ad-
justment be reasonably required for protection of adjacent property and further,
the right of non-conforming uses to continue shall be subject to the specific
regulations herein contained.
18.1 Non-Conforming Buildings:
18.1-1
A non-conforming building or structure may be occupied ex-
cept as hereinotherwise provided.
18.1-2
Repairs and alterations may be made to a non-conforming
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building or structure, provided that no structural alteration
shall be made except those required by law or ordinance,
and further provided these regulations shall never be con-
strued to allow an addition to a non-conforming building.
A non-conforming building or structure shall not be added
to or enlarged in any manner unless such addition and en-
largements are made to conform to all the requirements of
the zone in which such building or structure is located.
No non-conforming building or structure shall be moved in
whole or in part to any other location on the lot, or on any
other lotI unless every portion of such building or structure
is made to conform to all the regulations of the zone.
A non-conforming building or structure which is damaged
or partially destroyed by fire, flood, wind, explosion,
earthquake, or other calamity or act of God, shall not be
again restored or used for such purpose if the expense of
such restoration exceeds 75% of the replacement cost of
the building or structure at the time such damage occurred.
Any non-conforming building or structure partially destroyed
may be restored provided restoration is started within
twelve months of the date of partial destruction and is dili-
gently prosecuted to completion. Whenever a non-conform-
ing building or structure is damaged in excess of 75% of
its replacement cost at that time the repair or reconstruction
of such building or structure shall conform to all the regu-
lations of the zone in which it is located, and it shall be
treated as a new building.
18.2 Non-Conforming Uses of Buildings:
18.2-1
18.2-2
18.2-3
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Except a s otherwise provided in this Ordinance the non-
conforming use of the building or structure lawfully existing
at the time of the effective date of this Ordinance, may be
continued.
The use of a non-conforming building or structure may be
changed to a use of the same, or more restricted classifi-
cation, but where the use of a non-conforming building or
structure is hereafter changed to a use of a more re structed
classification, it shall not thereafter be changed to a use
of less restricted classification.
A vacant, non-conforming building or structure lawfully
constructed may be occupied by use for which the building
or structure was designated or intended, if so occupied
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within a period of one year after the effective date of this
Ordinance, and the use of a non-conforming building or
structure lawfully constructed which becomes vacant after
the effective date of this Ordinance, may also be occupied
by the use for which the building or structure was desig-
nated or intended, if so occupied within a period of one
year after the building becomes vacant.
18.3 Non-Conforming Use of Land:
18.3-1
Continuation of use. The non-conforming use of land ex-
isting at the time of the effective date of this ordinance,
may be continued, 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 provided that if such
non-conforming use of land or any portion thereof is discon-
tinued or changed, any future use of such land or portion
thereof, shall be in conformity with the provisions of this
ordinance.
1-
18.4 Abandonment:
A non-conforming use of any building, structure or land which ha s been
abandoned shall not thereafter be returned to such non-conforming use.
A non-conforming use shall be considered abandoned:
1- 18.4-1
18.4-2
18.4-3
18.4-4
When the intention of the owner to discontinue the use is
apparent, or,
When the characteristic equipment and furnishings of the
non-conforming use have been removed from the premises
and have not been replaced by similar equipment within one
year, or,
When a non-conforming building, structure or land or por-
tion thereof which is or hereafter becomes vacant and re-
main unoccupied or out of use for a continuous period of
one year I or I
When it has been replaced by a conforming use.
ARTICLE 19. - POWERS AND DUTIES OF THE
ZONING BOARD OF ADJUSTMENT
19.1 The Zoning Board of Adjustment may, in appropriate cases and subject
to appropriate conditions and safeguards I make special exceptions to
the terms of the Ordinance in harmony with its general purpose and in-
tent and in accordance with general or specifiC rules herein contained.
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19.2 The Board shall adopt rules in accordance with the provisions 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.
19.3 The Board shall have the following powers:
19.3-1
19.3-2
19.3-3
19.3-4
19.3-5
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To hear and decide appeals where it is alleged there is
error in order, requirement, decision, or determination
made by an administrative official in the enforcement of
this Ordinance.
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.
To authorize upon appeal in specific cases such variance
from the terms of this Ordinance a s 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 unneces sary hardship I and so that the spirit
of this Ordinance shall be observed and substantial jus-
tice done.
To permit a transitional use between a business and dwel-
ling zone where the side of a lot in "R-l" , or" R-2" Zone
abuts upon a lot zoned for business or industrial purposes
a s follows:
a. On a lot in an "R-l" Zone which sides upon a lot
zoned for business or industrial purpose, the Board
may permit a two-family dwelling.
b. On a lot in an "R-2" Zone which sides upon a lot
zoned for business or industrial purposes, the
Board may permit a four-family dwelling.
c. Provided, however, that in no case shall any tran-
sitional use have a width of more than one hundred
(loa) feet.
To grant a permit for the extension of a use, height or area
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regulation into an adjoining district, where the boundary
line of the zone divides a lot in a single ownership at the
time of the adoption of this Ordinance, such extension
not to exceed one hundred (loa) feet.
To permit as an auxilliary use, a parking area for passen-
ger automobiles only, on a lot or lots in "R-I" to" R-3"
Zones inclusive which adjoin, or are separated only by a
street or alley from a lot in a "C-I" to"M-2" Zone inclu-
sive"for use by customers of neighboring business estab-
lishments, provided such parking area is improved as re-
quired in Article 17.2 herein. In addition, such parking
area shall be properly enclosed with a fence, wall or
other suitable enclosure, to be approved by the Board,
having a height of not less than six (6) feet. Such fence,
wall, or enclosure shall be maintained in good condition,
and shall conform to the front yard requirements, and the
side yard requirements along the street side in the ca se of
a corner lot, of the district in which it is located.
To permit in "R-I" to II R-3" Zones inclusive semi-public
parking areas for occupants of apartment houses, multiple
dwellings, hotels, apartment hotels, fraternity or sorority
houses: lodging houses, members of clubs, and visitors
to or patrons of hospitals, institutions, or places of pub-
11c assembly, provided that such parking areas are located
not more than one thousand (1,000) feet therefrom, and
provided that such parking area s be improved a s required
in Article 17.2 and 19.3-7 herein.
To determine in cases of uncertainty, the classification of
any use not specifically enumerated in this Ordinance.
19.4 Appeals to the Board may be taken by any person aggrieved or by any
officer, department, board or bureau of the City of Colleyville affected
by any decision of the administrative 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 a notice of appeal specifying the ground 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 wa s taken.
19 . 4-1
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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 pr-operty. In such case
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proceedings shall not be stayed otherwise than by a re-
straining 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 due cause shown.
The Board of Adjustment shall fix a reasonable time for
the hearing of the appeal} give public notice thereof,
as wellas due notice to the parties in interest} and de-
cide the same within a reasonable timeo Upon the hear-
ing any party may appear in person or by agent or by
attorney.
The 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, de-
cision, or determination as ought to be made} and to that
end shall have all powers of the officer from whom the ap-
peal is taken.
The concurring vote of four 1'Ilembers of the Board shall be
necessary to reverse any order, requirement} decision, or
determination of any such administrative official, or to de-
cide 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.
19.5 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 the 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 ground of the illegality. Such pe-
tition shall be presented to the court within ten (10) days after the
filing of the decision in the office of the Board.
19.5-1
19.5-2
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Upon the presentation of such petition the court may allow
a writ of certiorari directed to the Board of Adjustment to
review 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 realtor's attorney} which
shall not be less than ten (10) days and may be extended
by the court. The allowance of the writ shall not stay pro-
ceedings 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 sufficient
to return certified or sworn copie s thereof or of such por-
tions thereof as may be called for by such writ. The return
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shall concisely set forth such other facts as may be per-
tinent and material to show the grounds of the decision
appealed from and shall be verified.
If, upon the hearing, it shall appear to the court that tes-
timony is necessary for the proper disposition of the mat-
ter, 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 de-
cision brought up for review.
Costs shall not be allowed against the Board unless it
shall appear to the court that it acted with gros s negli-
gence, or in bad faith, or with malice in making the de-
cision appealed from.
All is sues in any proceedings under this section shall have
preference over all other civil actions and proceedings.
ARTICLE 20. - CHANGES AND AMENDMENTS
20.1 City Council may amend:
20.1-1
The City Council may from time to time by Ordinance amend,
supplement, change, modify or repeal the boundaries of the
Zones of the regulations herein established. Before taking
any such action, the City Council shall submit the same to
the Planning and Zoning Commis sion for its recommendation
and report.
20.1-2 Upon submission of any proposed change in classification,
the applicant will be required to deposit with the secretary
of the Planning and Zoning Commission an amount of money
sufficient to mail and publish all notices of hearings before
both the Planning and Zoning Commission and the City Coun-
cil required by law, such amount in no event to be less than
-$::15.-. e e-;-
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20.2 Procedure before the Planning and Zoning Commis sion:
20.2-1
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The Planning and Zoning Commis sion shall hold a Public
Hearing on all proposed changes and classification, and
written notices of all such Public Hearings shall be sent
by the secretary of the Planning and Zoning Commission
to all owners of real property lying within two hundred
(200) feet of the property on which the change and
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classification is proposed, such notices to be given, not
less than ten (10) days before the day set for hearing to
all such owners who have rendered their said property for
City taxes as the ownership appears on the last approved
City tax roll. Such notice may be served by depositing
the same properly addressed and postage paid in the City
post office. Where property lying within two hundred
(200) feet of the property proposed to be changed is located
in territory of which was annexed to the City after the fi-
nal date from making the additions which are included on
the last approved City tax roll, notice to such owners
shall be given by publication, once in a newspaper of
general circulation in the City of Colleyvllle at least fif-
teen (15) days prior to the date set for hearing, which no-
tice shall state the time and place of such hearing.
After such hearing the Planning and Zoning C ommis sion
may within its discretion, make one of the following re-
commendations in connection with each proposed change
in zoning cIa s sification:
a. Recommend against the change in zoning.
b. Recommend a change in zoning.
c. Recommend a change in zoning for such area together
with its recommendations as to requirements for the re-
moval of non-conforming buildings, paving of streets,
alleys and sidewalks, means of ingress and egress to
the public streets, provisions for drainage, parking
spaces and street layouts, protective screening and
open spaces, and any other requirements, which, with-
in the discretion of the Planning and Zoning Commission,
will protect adjacent property and secure substantially
the purpose and intent of the Zoning Ordinance.
20 . 3 Procedure before City Council:
20.3-1
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A Public Hearing shall be held by the City Council before
adopting any proposed amendment, supplement or change,
at which parties in interest and citizens shall have an op-
portunity to be heard. A notice of the time and place of
such hearing shall be published at least fifteen (15) days
prior to such hearing, once in a newspaper of general cir-
culation in the City of Colleyville. When the Planning
and Zoning Commission has recommended a change in zon-
ing together with recommendations as to requirements as
provided herein, the City Council shall be at liberty to
either accept, reject, or make other or additional requirements,
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and any such requirementsl at the discretion of the City
Council to be made, shall become a part of the Ordinance
changing the zoning classification of such property, and
such requirements shall be considered as an amendment
to the Zoning Ordinance as applicable to such property.
Such requirement shall not be considered conditions pre-
cedent to the granting of the change in zoning or the
granting of building permits on such property I but shall
be construed as conditions precedent to the granting of
a Certificate of Occupancy in compliancel and such re-
quirements shall be complied with before a Certificate of
occupancy may be issued by the Building Inspector for
the use or occupancy of the buildingl land or structure
on such property.
20.3-2
In case of a protest against such changel signed by the
owners of twenty (20) percent or more either of the area
of the lots included in such proposed change or of those
immediately adjacent in the rear thereof extending two
hundred (200) feet therefroml or of those directly oppo-
site thereto extending two hundred (200) feet from the
street frontage of such opposite lotsl such amendment
shall not become effect1ve~ 9v a favorable vote of
four-fifths (4/5) of all the City Council.
ARTICLE 21. - ENFORCEMENT AND ADMINISTRATION
21.1 Except as otherwise provided in this Ordinance the Building Inspector
for the City of Colleyvl1le shall administer and enforce this Ordinance,
including the receiving of applications I the inspection of premises and
the issuing of building permits and Certificates of Occupancy. No
building permit or Certificate of Occupancy shall be issued by him ex-
cept for the provisions of this Ordinance have been complied with.
21.2 No person shall erect or construct or proceed with the erection of con-
struction of any building or structure nor add to, en1argel move, im-
provel alterl repairl convertl extend or demolish any building or
structure or cause the same to be done in any zoned district in the
City of Colleyville without first applying for and obtaining a building
permit therefor from the Building Inspector. All applications for such
permits shall be in accordance with the requirements of this Ordinance
and Building Code of the City of Colleyvil1e unless upon written order
of the Board of Adjustment no such building permit or Certificate of
Occupancy shall be is sued for any building where such construction I
addition I alteration or use thereof would be in violation of any of the
provisions of this Ordinance.
21.3 Powers and Duti e s of the Building Inspector.
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Whenever any building work is being done contrary to the
provisions of this Ordinance, the Building Inspector may
order the work stopped and also revoke the building per-
mit theretofore is sued by notice in writing served on any
person owning such property or their agent or on any per-
son engaged in the dOing or causing of such work to be
done, and any such person shall forthwith stop and cause
to be stopped such work until authorized by the Building
Inspector to recommence and proceed with the work or
upon issuance of a building permit in these cases in which
the building permit ha s been revoked and further such stop
work order and revocation of permit shall be posted on work
being done in violation of this Ordinance.
Wherever any building or portion thereof is being u sed or
occupied contrary to the provisions of this Ordinance, the
Building Inspector shall order such use or occupancy dis-
continued and the building or portion thereof vacated by
notice served on any person using or causing such use or
occupancy to be continued, and such person shall vacate
such building or portion thereof within ten (10) days after
receipt of such notice, or make the building or portion
thereof comply with the requirements of this Ordinance.
21.4 Certificate of Occupancy:
21.4-1
21.4-2
21.4-3
21.4-4
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No vacant land shall be occupied or used except for agri-
cultural purposes, and no building hereafter erected or
structurally altered shall be used or occupied until a Cer-
tificate of Occupancy shall have been issued by-the Build-
ing Inspector of the City of Colleyvl1le stating that the
building or proposed use thereof complies with the provi-
sions of this Ordinance and all other existing building and
sanitation ordinance s.
No non-conforming use shall be maintained, renewed,
changed or extended without Certificate of Occupancy
having first been issued by the Building Inspector of the
City of Colleyvil1e therefor.
Application for a Certificate of Occupancy shall be made
in writing coincident with the application for a building
permit, or may be directly applied for where no building
permit is necessary and shall be issued or refused in writ-
ing within five (5) days after the Building Inspector has
been notified that the building or premises is ready for
occupancy. ,,_
The Building Inspector shall maintain a record of all
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certificates and copies shall be furnished upon request to
any person having a proprietary or tenancy interest in the
building effected.
No permanent water, sewer, electrical or gas utility con-
nections shall be made to the land, building, or structure
until and after a Certificate of Occupancy has been issued
by the Building Inspector of the City of Colleyvllle.
Upon request of the owner or authorized representative,
the Building Inspector may issue.a temporary Certificate
of Occupancy for the temporary use and occupancy of a
portion of a building prior to the completion and occupancy
of the entire building provided such temporary occupancy
or use will not in any way or manner jeopardize life or pro-
perty. Such temporary certificate may be issued for a
period not exceeding six (6) months. Such temporary cer-
tificate shall not be construed as in any way altering the
respective rights, duties or obligations of the owners re-
lating to the use or occupancy of the premises, or in any
other matter covered by this Ordinance, and such temporary
certificate shall not be issued except under such restric-
tions and provisions.
ARTICLE 22. - PENALTIES FOR VIOLATIONS
22.1 Any person, firm or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor, and upon convic-
tion thereof, shall be fined in a sum not more than Two Hundred Dol-
lars ($200.00); each day such violation continues shall constitute a
separate offense.
22.2 In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of the general law or of the terms of this
Ordinance, the City of Colleyville, in addition to imposing the panalty
above provided, may institute any appropriate action or proceedings in
court to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to restrain, correct
or abate such violation, or to prevent the occupancy of such building,
structure or land, to prevent the illegal act, conduct, business or use,
in or about such land: and the definition of any violation of the terms
of this Ordinance as a misdemeanor, shall not preclude the City 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.
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ARTICLE 23. - SAVING CLAUSE
All rights or remedies of the City of Colleyville, Texas, that have accrued at
the time of the effective date of this Ordinance, are expressly saved, and as
to such accrued rights or remedies, the court shall have all the powers that
existed prior to the effective date of this Ordinance.
ARTICLE 24. - INVALIDITY OF A PART
If any Article, section~ sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance.
ARTICLE 25. - REPEAL
All ordinances or parts of ordinances in conflict with any of the provisions of
this Ordinance are hereby repealed in so far as the same are in conflict with
the provisions hereof.
ARTICLE 26. - EFFECTIVE DATE
The Ordinance and accompanying Zoning Map shall be in full force and effect
from and after its date of passage.
ADOPTED ON FIRST READING this the -l- day of /J1 d/l.el , 1966.
APPROVED:
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Ma yor '
ATTEST:
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ADOPTED ON SECOND READING ~iS the _ day of
APPROVED:
, 1966.
Mayor
ATTEST:
City Secretary
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