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HomeMy WebLinkAboutOrdinances (500)-03/08/1966 \ "~, ~ ~ .; )TF?Ot ~ r"',"t"Y t '~, XL-A<>, COry! ,~. ., !If ZONING ORDINANCE CITY OF COLLEYVILLE 1 'x 1:..0 lCOPY ,)(r:no 1COI''T '-'-, CITY OF COLLEYVILLE ZONING ORDINANCE NUMBER .5"00 INDEX CAPTION OF ORDINANCE. . . . . . . . . . . . ......... ARTICLE 1. - PURPOSE OF ORDINANCE. . . . . ARTICLE 2. - DEFINITIONS. . . . . . . ..... . . . . . . . ARTICLE 3. - ZONES. . . . . . . . . . . . ARTICLE 4. - ZONING MAPS. . . . . . . ARTICLE 5. 5-1 5-2 5-3 - REGULATIONS ON ALL ZONES. . . . . . . .. . Use . . . . . . . . . . . . . . . . . . . . . . . . .. Height . . . . . . . . . . . . . Area . . . . . . . . . . . . . . ...... . . . ......... 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. . . . . . . " . .. . XCROl ~('()""'l'~ ~~~~! -------, iXERO r'-~r.()PY :--- Page 1 2' 2 6 1 8 8 8 8 8 8 9 10 10 10 11 11 11 12 12 14 14 14 16 16 16 11 \xcno " ('OI'Y,..,. , INDEX (Continued) 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 . . . . . . . . ............ . . . ARTICLE 20. - CHANGES AND AMENDMENTS. . . . . . 20-1 City Council Amending Powers . . . . . . . . . . . . . )':'f."poi , cOr'Yl XERO ropy} XE:"O COPY Page 17 17 19 20 20 22 22 22 23 24 24 26 26 27 28 28 29 29 30 30 30 30 30 31 32 32 . 32 32 33 33 34 35 36 36 'xr:no lcu,,,,, .I N D E X (Continued) Page 20-2 20-3 Procedure Before Planning and Zoning Commission. . Procedure Before City Council . . . . . . . . . . . . . 36 37 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 . . . . . 41 ARTICLE 24. - INVALIDITY OF A PART . . 41 ARTICLE 25. - REPEAL . . . . . . . 41 ARTICLE 26. - EFFECTIVE DATE . . . . . . . . ....... 41 r~~~r ~ XERa, C:OfJ"'r ;XERO copy )(rno l"'{)PY 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. xn>o ('(I""" ~ XCRO, cOP.,. !"'- -------, 'XCRO r;OPY l)(rno , ~ . I " ' 'y .-- 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. - 2 - XCROI l.. "Of'Y' """'! XERO, COPY: iXERO copy , )CTRO \('fU'Y ..... 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. - 3 - t r~;~~f - )([,"PO eCH' (! ,"xcno (;0'> , , )(TnO ~ I nr'" ). 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. - 4 - ,. (~~~~I e ~ XER'O ropy >XE"O :COpy xrno 1<'11"-'( ~ 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 Xr.ROi t'fC()"Y~ 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. - 5 - XERO ropy' XCRO (~ot.y ,)(rno \ In', ,-,.; 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 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 xrnOf .l(, CO"Y f T""1 - 6 - )(f:RO, cOP...,. ..... \~~~~ . XI"nO \, ('IH'-'" I""'"' 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. - 7 - xrROl " (~. (),.. y f -. 'l"""""'" )(r:~o r.n,. y XERO (~n" '( \ ~; ~~~.<; 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. - 8 - xr.nOI co,.y ( '" ~ " "'.) XE"no (--O"''l' .... _....~ ll<!:RO COpy "'..r-flO .t)I'1~-. 6.1-5 6.1-6 6.1-7 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 6.2-3 'l(TPO: ....1....(n.Yn 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. - 9 - XERO _ en,'V _...__ xrno (~f)' ' 'V )(rnn 11"'( 6.2-4 6.2-5 6.2-6 6.2-7 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. .~ J2tk? 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 xrr?OI ~C(l'.l"~ 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. - 10 - XCRO r.opy' ,.... ...-. '----' XERO ropy Y.THO ('(1"'1 7.2-6 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 XCROr ~':'(I"Y___ Height: Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height. - 11 - XCRO, cory! -------, )(cno (~opy .,...rno (-1\1''1 ...... /"'- 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 >=r-no; ~r'(J"r' ':"""\ 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. - 12 - xr-r?o cor'y "" ')(r:no C'f)I' '( t.rnn { 'If'l """""! 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 xrr?OI ""f'{I"Y~. 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. - 13 - x['"~o rnr'Y XF:'RO cn'-'( y,-nn ('In' '( ...., 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 xrno ~ ....{.'(),.y~ r"'" 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 - 14 - XERO COpy XEPO roPY M )(TPO 1"')1", 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 .. f~:;~~ t ~, ~ 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. - 15 - XCF?O, COpy ',><Enn ("'; )1.' ~ Xf no ; ('IH' I I"'-":' 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 xrRO~ .,r.'l"'(~ 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. - 16 - )(TROI rOf'"" .., XEno ---(~()"Y~ yr"no ~"l"l_ 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 xrnoi If t~()"Y ~ Any use permitted in "C-3" zones, except dwelling houses, clubs, hotels, educational and institutional - 17 - xcnoo cnr'Y l""0- )(['""0 ,~_C{)f'Y _ '"Tno ~"tl"-(_, -, 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 xr.no, ",r:(J"Y~ 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 - 18 - )(EnO ropy ~ ........--._-~-- )(f:PO r:-o"'( )(TPO ('(\1''1 " n ' ..-- 12.1-21 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 XC1'?Ol n,..,. r ..... 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. - 19 - XCR'OI cor' y IXERO ropy xrno ( II", ,-- 12.2-7 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 xn.6-1 1f'O"l'f """'l 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 - 20 - ~~~~! :XEno ,rOI".... yrnn I I"'.' .... 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. - 21 - xrROf ~(~(,,-.y~ XEr>O ('or''( XE"O (~Ol''( "-,(fnO '1.11"'1 13.1-35 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 xrno; '1 ('(I"Y, 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 - 22 - XERO, C;(lPY I ;xcno jro,'Y )ITnD ., 14.1-3 14.1-4 ~ 14.1-5 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 xrRO~ ",C{)"YM 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. - 23 - XERO ~o"Y ,.... -~--, ./ )(r:RO r.opy r--- ,......... , ')(r..no "-("''( -.... 14.2-6 14.2-7 14.2-8 14.2-9 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 XF:'Rol ,....f'OPY~ No tent, boxcar, shack or other structure shall be constructed, - 24 - XE"ROi (;OPv P"'I XF:'RO C;OPY )'T110 ('('I'.' """'1 15.1-2 15.1-3 15.1-4 15.1-5 xrnOt 1c~"'yr: 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 - 25 - xcno ,.. ror y 'J(r:'no ,".1101' )l{'nn 15.1-6 15.1-7 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 xrROI fcor'y/ 'l""1 For any building used jointly for business and dwelling pur- poses or industry and dwelling purposes, the number of - 26 - XEROr r.or'T' -. XEno COI''( )ITI:O "'1'1'.( 15.3-2 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 xrno. '1 I:OPY t 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 - 27 - xrnq cpr'l Xf:rtO cn"'1 Yf PO \ I IH''I 15.4-5 15.4- 6 15 . 4-7 15.4-8 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 16.1-2 xr.nOI ~ (~O"Y ~ 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. - 28 - XCRO ('n,')' ,..., ..- -~~.., XEnO COP)' '!tnn . 411" r-'.. 16.1-3 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 .~ ~~~~ r , ~ 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. - 29 - XE'F>O COPY' ~ XF;:no (':0'-V .y.Tno ~ " t H' '( r'- 17.1-5 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 - 30 - .. /-:~-I:~~l . '~ XCf70, r .0" 'I' ~ ,')(rno rOl'Y )l'r'l\l ...... 18.1-3 18.1-4 18.1-5 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 ~ --- Xr:RO/ ~ (~'n'~ y ~ 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 - 31 - XEno <":0"'( ,Xf:'no copy )(l"PO [.(l!" 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. ~ {~~~! , ~ - 32 - XEr:lOi COpy! )(r.no CO!'Y xrnt'o II (ii" 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 xcno' ~ en" Y' "'" 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 - 33 - )(cnOI r.ory, .)(cno . ro'"'" )(f PO ( 1'1-' --.-~i 19.3-6 19.3-7 19.3-8 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 xrRol rllI.~orY~ 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 - 34 - )(c,:,o ".,......co"y~ yrpn " (),"y )(ER'O r.O"Y 19.4-2 19.4-3 ...{... 19.4-4 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 ~ '- xrRO: ~ ,~(".y ~ 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 - 35 - XERO CO". .... j)(ERO roPY xI-no l'(\!" ,....,., 19.5-3 19. 5-4 19.5-5 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-;- ~(J. 00 20.2 Procedure before the Planning and Zoning Commis sion: 20.2-1 xr:nol _(.'or(~ 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 - 36 - )(CROi co,....'" Il"'\ ~f.no "(II'Y XEPO cOPY !'--. .,.......;0 20.2-2 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 xrROt I! I~O""" l..-.... 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, - 37 - XCRO cop r ~___d _ )o::no __Cl)f''( "'"'""""1\ 'lrno n'lll'1~ 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. - 38 - xrRol ~ "Of'''' ~ '\!"'l XEn'O' ("or.yl ~\ -- -----, l~;)~~ )t,no , ",.., ,-01 21.3-1 21.3-2 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 .. (~r;~~'~ \ .,...., 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 - 39 - xrpo, C"o,.y r :'i<ERO COP"" ')lTflO il'\I'1' 21.4-5 21. 4- 6 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. )tTROi ...1"(''',(" - 40 - )Cr:RO ropy ".. 'XI'::"O ,..---...-....., r,(H'Y .~ )Tno r 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: 5 /f ~pL~ Ma yor ' ATTEST: Q{/~w ~~6 ~::~,€- a~ dfih'(J< ADOPTED ON SECOND READING ~iS the _ day of APPROVED: , 1966. Mayor ATTEST: City Secretary xrno! - ('(I" Y r..., ... xerlO ('0"'" XEno rOf."" .,..,-nn "Ill",