ZONING ORDINANCE CITY OF EASTLAND, TEXAS
Prepared By RANDOLPH, GILREATH & ASSOCIATES, INC. Planning and Management Consultants Abilene, Texas Revised By Eastland Planning and Zoning Board Dale Squires, Terry Jones, Phillip Arther Kirk Davis & Gordan Woolam City Staff Bill Dolen & Shirley Stuart March 2007
Mapping By HIBBS & TODD, INC. Consulting Engineers Abilene, Texas
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ZONING ORDINANCE Ordinance No. _720_
AN ORDINANCE OF THE CITY OF EASTLAND, TEXAS ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF EASTLAND, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND FOR THE REPEAL OF ALL PRIOR ZONING ORDINANCES AND ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, under the laws of the State of Texas, authority is conferred upon the City of Eastland to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and WHEREAS, the City Commission deems it necessary, for the purpose of promoting the health, safety, morals, and general welfare of the City to enact such an Ordinance; and WHEREAS, the City Commission, pursuant to the provisions of the State Statutes, has appointed a Planning and Zoning Board to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein; and WHEREAS, the Planning and Zoning Board has divided the City into districts and has prepared regulations pertaining to such districts in accordance with the Land Use Plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to guide and limit the use of areas subject to periodic flooding in order to protect and promote the public health, safety, and general welfare; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Board has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality; and WHEREAS, the Planning and Zoning Board has made a preliminary report, and submitted its final report to the City Commission; and WHEREAS, the City Commission has given due public notice of hearings relating to zoning districts, regulations, and restrictions, and has held such public hearings; and WHEREAS, all requirements of the State Statutes, with regard to the preparation of the report of the Planning and Zoning Board and subsequent action of the City Commission have been met; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF EASTLAND, TEXAS: That there be enacted the following Comprehensive Zoning Ordinance of the City of Eastland, together with a map creating and delineating the City Zoning Districts established herein.
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TABLE OF CONTENTS
Page ARTICLE I ENACTMENT AND DEFINITIONS SEC. 1. SEC. 2. SEC. 3. SEC. 4. SEC. 5. SEC. 6.
SHORT TITLE DEFINITIONS ZONING DISTRICTS ZONING DISTRICT MAP RULES FOR THE INTERPRETATION OF DISTRICT BOUNDARIES COMPLIANCE WITH THE REGULATIONS
ARTICLE II PERMITTED USES AND AREA REGULATIONS SEC. 1. SEC. 2. SEC. 3. SEC. 4. SEC. 5. SEC. 6. SEC. 7. SEC. 8. SEC. 9.
PERMITTED USES HEIGHT AND AREA REQUIREMENTS HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS SIGN REGULATIONS OFF STREET PARKING AND LOADING REQUIREMENTS HOME OCCUPATION REGULATIONS REGULATION OF SEXUALLY ORIENTED BUSINESSES SPECIFIC USE REGULATIONS NONCONFORMING USE AND STRUCURES
4 4 4 20 22 22 23 24 24 46 47 51 61 64 69 97 98
ARTICLE III ADMINISTRATIVE PROCEDURES & REQUIRED PERMITS 102 SEC. 1. PLANNING AND ZONING BOARD SEC. 2. ENFORCEMENT SEC. 3. EFFECT UPON EXISTING PERMITS, AGREEMENTS, RIGHTS, ETC. SEC. 4. BOARD OF ADJUSTMENT SEC. 5. AMENDMENTS SEC. 6. VIOLATIONS, PENALTIES, AND LEGAL PROCEDURES SEC. 7. VALIDITY SEC. 8. INTERPRETATION OF ORDINANCE SEC. 9. SEVERABILITY SEC 10. EFFECTIVE DATE ZONING DISTRICTS MAP
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102 103 103 104 107 109 109 109 110 110 111
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ARTICLE I ENACTMENT AND DEFINITIONS SECTION 1. SHORT TITLE This Ordinance shall be known as “The City of Eastland Zoning Ordinance.” SECTION 2. DEFINITIONS For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word “ structure”; and the word “shall” is mandatory and not directory. Abut-Abutting: Having lot lines or boundary lines in common or structures that touch or lie adjacent to each other. Accessory Building: A subordinate building located on the same lot as the primary building the activity of which is clearly integral to the permitted use of the main building. Accessory Use: An accessory use or building that is a subordinate use or building customarily incidental or appropriate to and located on the same lot occupied by the main use or building. Adult Day Care Facility: Any place, home, or institution which receives three or more adults over the age of eighteen years who need care or supervision due to a physical disability or functional impairment; for care apart from their legal guardians or custodians, when received for regular periods of time, for less than twenty four continuous hours, for compensation. Adult day care may include personal care, nursing services, supervision, meal preparation, and transportation. Adult Oriented Business: See Sexually Oriented Business (SOB) Alley: A public thoroughfare which affords a secondary means of access to abutting property. Amusement Park: Any lot, tract, or parcel of land, or any improvement thereon, either temporary or permanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding devices, stationary or mobile, or any combination thereof, any of which is operated for profit or nonprofit purposes. Animal Clinic or Hospital: An office or group of offices and accompanying facilities for one or more veterinarians engaged in treating diseases or injuries of domestic animals and livestock. Animal Lot: Any area for quartering any ungulated or hoofed animals including, but not limited to, the following animals: horses, cows, sheep, goats, etc. Apartment House: See “Dwelling, Multi-Family.”
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Apartment: A room or suite of rooms intended, designed or used as a residence by a single family. Also see “Dwelling, Multi-Family.” Area of Lot: The square foot area of acreage of a lot within the bounding property lines and exclusive of dedicated streets and alleys. Area Regulations: The regulations controlling minimum lot area, width, depth, front, side, external side, and rear yards. Assisted Living Center: An establishment that furnishes, in one or more buildings, food, and lodging to individuals who have contracted with the owner of the establishment; and provides personal care services; and in addition, provides minor treatment or services which meets some need beyond the provision of food, shelter, and laundry. Assisted care shall not mean full time nursing care. Attached: Having one or more walls common to a primary building, or joined to a primary building by a covered porch or passageway, the roof of which is a part or extension of a primary building. Automobile Paint And Body Repair Shop: A building and its premises where motor vehicles undergo body repair and painting. This does not include permanent vehicle storage or mechanical repair except that a vehicle being repaired may be stored on the premises for a period not to exceed one hundred twenty (120) days while repairs related to the damage are performed. Automobile Repair Shop: A building and its premises where motor vehicles undergo repairs and maintenance. This does not include permanent vehicle storage except that a vehicle being repaired may be stored on the premises for a period not to exceed one hundred twenty (120) days. Automobile Sales Facility: A lot or portion thereof to be used only for the purchase, trade, display, and sale of automobiles that are in condition to be driven on or off the lot, under their own power. These facilities are not to be used for the outside storage or open display of: (a) wrecked automobiles, (b) the dismantling of automobiles, (c) or the storage of automobile parts. Automobile Salvage Or Wrecking Yard: An area outside of a building where motor vehicles are disassembled, dismantled, junked or “wrecked”, or where motor vehicles not in operable condition or used parts of motor vehicles are stored. Automobile Service Station: Any area of land, including structures thereon, that is used for the sale of gasoline, oil or other fuels, and automobile accessories; which may include facilities for lubricating, washing, cleaning, minor mechanical repair, and other normal servicing of automobiles.
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Automobile/Motor Vehicles: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and persons including but not limited to the following: passenger cars, trucks and vans (1 ton G.V.W. or less), motor scooters, motorcycles, and sports utility vehicles. Bakery: A place where baked goods are made or sold. Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. Basement: A story having part but not more than one-half (1/2) of its height above grade and used for storage, garages for use of occupants of the building, janitor or watchman quarters, or utilities common for the rest of the building. A basement used for the above purposes shall not be counted as a story. Bed & Breakfast /Boarding House: A dwelling, other than a hotel or motel, occupied as a permanent residence by an owner or renter which for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons, but not exceeding twenty (20) persons. Billboard: See “Off-premise Sign” or “Outdoor Advertising Sign” Block: A tract of land bounded by public highways, streets, shoreline of waterways, railway rights-of-way, public parks, cemeteries, or boundary lines of municipalities, or a combination thereof. A part of a legal description as continued in an approved plat. Board of Adjustment: The Board of Adjustment of the City of Eastland, Texas, as created by this Ordinance and appointed by the Eastland City Commission. The composition, powers, and duties of the Board of Adjustment are set forth in ARTICLE III, SEC. 4. of the Ordinance. Boardinghouse: A building other than a hotel or motel where, for compensation and by arrangement, meals and/or lodging are provided for three (3) or more unrelated persons, but not exceeding twenty (20) persons. (Also referred to as “Rooming House”.) Building: Any structure intended for business, shelter, housing or enclosure of persons, animals, moveable property including household goods, inventory, records, furniture, fixtures, and equipment. When separated by dividing walls without openings, each portion of such structure so separated will be deemed a separate structure. Building Area: That portion of a lot upon which buildings may be placed, excluding required yards, set back lines and limited by the maximum building coverage as specified for each zoning district. Building Coverage: The percentage of the lot area covered by the building, excluding all overhanging roofs. Building Height: See “Height”
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Building Setback Line: A line defining an area on the building lot between the street right of way or property line and the building line within which no building shall be constructed, encroach, or project except as specifically authorized in an adopted ordinance of the City of Eastland. Car Wash: A facility designed primarily for washing automobiles, not including trucks or heavy machinery as defined in this ordinance. Carport: A roofed structure open on two (2) sides when attached to a dwelling and open on three (3) or more sides when detached from a dwelling, covered with a roof supported by structural steel, wood columns, or masonry piers. Child Care Facility: Any place, home or institution which receives three or more children under the age of sixteen years, for care apart from their natural parents, legal guardians or custodians for regular periods of time for compensation. However, this definition does not include public and private schools organized, operated or approved under the laws of Texas, custody of children fixed by a court of appropriate jurisdiction, children related by blood or marriage within the third degree of the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or engaged in church activities. Registered Family Home: Six (6) or fewer children plus six (6) or fewer siblings after school hours. Group Day-Care Home: Seven (7) to twelve (12) children. Day-Care Center: Twelve (12) or more children. Child Care Institutions: A Child Care Facility, which provides care for more than 12 children for longer than a 24 hour period. This does not include specialized treatment programs such as that offered by an emergency shelter, therapeutic camp, residential treatment center, half-way house, or institution serving mentally ill or retarded children. City Commission: The governing body of the City of Eastland, Texas. City: The City of Eastland, Texas. Clinic: An office or group of offices for one or more physicians, dentists, or health care professional engaged in treating the sick or injured, but not including rooms for the abiding of patients. Club, Private: A building or portion thereof on premises owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose whose membership is exclusive as determined by dues or other compensation and where alcoholic beverages may or may not be sold and consumed on-premises. Club: A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
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Community Home: A dwelling for not more than six disabled persons, regardless of their legal relationship to one another, and having no more than two supervisory personnel residing in the home at the same time as provided, mandated and defined in Texas Human Resources Statute Chapter 123 (Community Homes for Disabled Persons Location Act). Conditional Use: A use allowed in a zoning district only if a “Specific Use Permit” is granted by the Board of Adjustment. Container: A structure constructed for the primary use of transporting goods by ship, rail, or truck. Container use is permitted as a temporary accessory building within the city limits for a period not to exceed 90 days. Convalescent, Nursing, Or Long-term Care Facility: An institution, licensed by the State of Texas, where persons suffering from generally permanent types of illness, injury, deformity, deficiency, or age are given care and treatment on a prolonged or permanent basis. Convenience Store: Any area of land including the structures thereon (except that the primary building shall not exceed 2250 square feet) that is used to provide goods and services to a neighborhood including food products, snacks, newspapers, household cleaning supplies, paper goods, lottery tickets, and gasoline. Corner Lot: A lot having lot lines formed by the intersection of two streets, whether public or private; where the interior angle of such intersection is less than 135 degrees shall be considered a corner. Coverage: The percent of lot area, which is covered by a roof, floor, or other structure and is not open to the sky. Roof eaves to the extent of two (2) feet and ordinary projections from the building not exceeding twelve (12) inches shall not be counted in computing coverage. Day Care Facility: See “Child Care Facility” Day Nursery: See “Pre-school or Day Nursery” Density: The relationship of dwelling units or rooms to the area of the lot or tract upon which a residential structure is located or erected. Depth of Lot: The mean horizontal distance between the front and rear lot lines. Detached: Fully separated from any other building. Disabled Person: A person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or their breathing is substantially limited, or as may be defined by the Americans with Disabilities Act (ADA) and federal or state ADA Standards. Double Frontage: A lot having frontage on two (2) non-intersecting streets as distinguished from a corner lot.
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Drive-In Restaurant: Any establishment where food, and/or non-alcoholic beverages are served to the consumers. Motor vehicle parking spaces are provided where patrons may be served in their respective vehicles or inside the establishment. Dry Cleaner Or Laundry: Any attended or unattended building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance(s). Dwelling Townhouse: A single-family dwelling which is attached to one or more similar dwellings by a common fire wall or fire walls, interior to both, and which in combination with said attached dwellings constitutes an architectural whole, on a separate lot, having its principal frontage on a street. Such dwelling units when so constructed may be under separate ownership. Dwelling, Condominium: A single dwelling unit in a multiunit dwelling or structure, which is separately owned and which may be conveyed with an undivided interest in the common areas and facilities of the property. Dwelling, Duplex or Two-Family: A building designed for or occupied exclusively by two (2) families. Dwelling, Mobile Home: (See Manufactured Housing) Dwelling, Modular Home: (See Manufactured Housing) Dwelling, Multiple-Family: A building having accommodations for five or more families living independently of each other. This excludes recreational vehicle camps, hotels, motels, or resort facilities. Occupancy is restricted to one family per unit. Dwelling, Single Family: A building having accommodations for and occupied exclusively by one (1) family. Dwelling: Any building or portion thereof, which is designed and used exclusively for residential purposes. Easement: An interest in land granted to the City or other governmental entity, to the public generally, and/or to a private utility corporation for access to the back or the side of properties otherwise abutting on a street. Exterior Vertical Wall Height: See “Height” Family: A single individual or two or more persons related by blood or marriage, including adopted children, or a group of no more than four (4) individuals who are unrelated by blood, legal adoption, marriage or conservatorship.
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Family Home (child care in place of residence). A facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to Chapter 42 of the Human Resources Code of the State of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources. Feedlot, Commercial: Confined areas where cattle or other livestock are held for extended periods of time for the purposes of weight increase by feeding of high percentage grain feed. Flood or flooding: means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1)
The overflow of inland or tidal waters; and
(2)
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map (FIRM): means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Floodplain or flood-prone area: means any land area susceptible to being inundated by water from any source (see definition of Flood or flooding). Floodway (regulatory floodway): means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Floor Area Ratio: The ratio between the total square feet of floor area and the total square feet of land in the lot. Floor Area: The total floor area within a building devoted or intended to be devoted to a particular use, with structural headroom of seven feet or more, whether above or below the finished lot grade, including basements, penthouses, attic space providing headroom of seven feet or more, interior balconies, mezzanines, and enclosed covered porches. Foster Group Home: A Child Care Facility located in a private residence, which provides parental care and nurture twenty-four (24) hours per day for 7-12 children. Fraternal Building: A building occupied and maintained by a social club, organization, or an association. The building may have meeting facilities for the members and offices or headquarters for the organization. Fraternity Or Sorority: A social club or an association having meeting facilities for the members. A fraternity or sorority house may have dormitory facilities for its members. Any such fraternity City of Eastland P & Z Ordinance / 03-07
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or sorority house shall be deemed a rooming house or boarding house, depending upon the circumstances in each instance. Frontage: Linear measurement of property adjacent to a street that lies between the property lines running perpendicular to the street. Garage Apartment: A dwelling unit for one family attached to a private garage. Garage, Private: An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity. Garage, Public: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, leasing, or storing motor-driven vehicles. Garage, Storage or Parking: A building of portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, and in which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, leased, or sold. Grade: The average elevation of the highest and lowest elevation measured at the finished surface of the ground at any of the exterior edge of the building or structure. Green Space: A designated area of land where grass, turf, ground cover, trees, shrubs, etc. are maintained. Grocery: A retail establishment selling meats, fruits, vegetables, bakery and dairy products, and similar items for off-premises consumption only. Gross Density: The number of lots, dwelling units, or persons located within the total acreage of a residential area. Heavy Machinery: A mechanical vehicle (self-propelled or otherwise), whose primary use, is in connection with construction, farming, etc. and is not designed for use on streets or highways. Height: The vertical distance measured from grade to a) the highest point of any flat roof surface; b) to the top deck line of mansard roofs; or c) to the mean height level between eaves and ridge for hip and gable roofs; or d) to the top of any elevator, penthouse, or bulkhead, mechanical equipment room, cooling tower, tank, ornamental dome, or other structures erected on the roof of a building. Home Occupation: An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes.
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Hospital: An institution, licensed by the State of Texas, providing health services primarily for human inpatient, medical or surgical care for the sick or injured and including related facilities, including but not limited to laboratories, out-patient departments, training facilities, central service facilities, and staff offices, which are all integral part(s) of the facilities. Said treatment is intended to restore them to health and an active life. Hotel: See “Motel” Junk Yard: A place where waste, discarded or salvaged materials are brought, sold, exchanged, baled, packed, disassembled, or handled, including house wrecking yards, used lumber yards, and places or yards for storage of salvaged materials and equipment; but not including auto wrecking yards, pawn shops and establishments for the sale purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and sale of used cars in operable condition. Kennel: Any place where more than four (4) dogs or more than four (4) cats, or any combination of cats and dogs where the total exceeds four (4) animals over the age of ten (10) weeks, and where said animals are raised, trained, boarded, harbored or kept. Laboratory: A facility operated for the primary purpose of performing medical, dental, or optical research, testing and analytical work, having a direct relationship to the provision of health services. Laundromat: An establishment providing house type washing, drying or ironing machines for hire to be used by customers on the premises. Loading Space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet. Lodging House/Rooming House: A building or place where lodging is provided, or is equipped to provide lodging regularly, by prearrangement for definite periods, for three (3) or more persons in contrast to hotels that are open to transients. Lot: Any tract or parcel of land occupied by one (1) building or a group of buildings and its accessory buildings including such open space as is required by Ordinance of the City and having its principle frontage upon a public street or officially approved place. Lot Area: The total horizontal area included within lot lines. Lot Depth: The average distance from the street line of the lot to its rear lot line, measured in the general direction of the sidelines of the lot line. Lot Lines: The lines bounding a tract or parcel of land described by a metes and bounds description of the exterior boundaries of a particular tract or parcel of land. Lot of Record: Any lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Eastland County, Texas. City of Eastland P & Z Ordinance / 03-07
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Lot Width: The horizontal distance between the side lot lines of a lot, located at the building front set back line, measured as a straight line. Lot, Corner: See “ Corner Lot” Lot, Double Frontage: See “Double Frontage” Lot, Interior: A lot other than a corner lot. Manufactured Housing: Any one of three types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.). For the purpose of this Ordinance, there are three types of manufactured homes: (a) Mobile home. A movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976. (b) HUD-Code manufactured home. A movable dwelling designed to be transported on the highway (either intact or in major sections) by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation. A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976. (c) Industrialized home (also called modular prefabricated structure or modular home). A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one or more sections on a temporary chassis or other conveyance device, and that is designed to be installed, and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.). Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes. Masonry Construction Or Masonry-Like Construction: Masonry construction is that form of construction composed of stone which is at least 1” in diameter, brick, concrete, structural clay tile, concrete split-face design block materials or combination of these materials laid up unit by unit and set in mortar. Concrete tilt wall, pour-in-place concrete wall and pre-cast wall panel construction will be considered masonry-like construction and shall have an architectural exterior finish. Masonry or masonry-like construction shall be at least two (2) inches thick. Mobile Home Park: Any development site, parcel or tract of land under single ownership designed, maintained or intended to be used for the purpose of providing long-term occupancy of
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more than thirty (30) days for the placement of two (2) or more mobile homes, including all buildings used or maintained or the use of the residents of the development. This term is not to be used in conjunction with any mobile home or trailer sales lots, which contain unoccupied units that are intended for purposes of inspection and sale. Mobile Home: See “Manufactured Housing” Modular Home: See “Manufactured Housing”. Motel: A building or group of buildings under single ownership containing six (6) or more sleeping rooms, in which there are: (a) guest rooms for living or sleeping accommodations which are primarily for transient occupancy and which may be rented on a daily basis; and (b) desk or lobby service, telephone, maid, linen room, and similar services. Guest rooms may have individual entrances. Net Density: The number of lots, dwelling units, or persons located within the total acreage of residential area, exclusive of street right-of-way, easements, non-residential land use sites, and acreage unsuitable for development. Nonconformance: A structure or tract of land which does not conform to the regulations of the zoning district in which it is situated. Nonconforming Use: A structure or tract of land occupied by a land use activity that does not conform to the regulations of the zoning district where it is located. Nursing Home: See “Convalescent, Nursing, or Long-term Care Facility”. Off-premise Sign: See “Outdoor Advertising Sign” Outdoor Advertising Sign: A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed. Open Space: An area on a lot that is open and un-obstructed to the sky except for the ordinary projections of cornices and eaves. Open Storage And Outside Display: Open storage of products or materials-The keeping in an unroofed area of new or used goods, merchandise, or any materials used in the production, repair or replacement of goods related to the principal business activity of the property on which the open storage occurs. The term “open storage” shall not apply to primary uses, which customarily have open storage, such as automotive sales. Outside Display of Goods-The display of any product, or item, offered for sale by the occupant of the main use of the property on which the display of goods occurs, in plain view of the public without screening, provided such display meets all of the following conditions: 1.
The area used shall not be greater than ten (10) percent of the gross floor area of the establishment maintaining such display;
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2.
Items may not occupy any required parking areas;
3.
Items may not be displayed in any required front, side, or rear yard setback or public right-of-way;
4.
Items may not obstruct vision sight lines from any public right-of-way or driveway, or be located in any required sight visibility easements.
Parking Space: A surfaced area of not less than one hundred sixty-two (162) square feet exclusive of driveways permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway, which affords satisfactory ingress and egress for automobiles. For purposes of this ordinance, the size of a parking space for one vehicle shall be accordance with Article II Section 5 of this ordinance. Planned Unit Development: PUD may be defined as: a) land under unified control planned and developed as a whole; b) in a single development operation or a definitely programmed series of operations including all land and buildings; c) for principal and accessory uses to comprehensive detail plans which include streets, utilities, lots, building sites, site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used, and related to each other. Planning And Zoning Board: A board, appointed by the City Council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the City Council. Also referred to as the “P & Z Board” Porch: A roofed space open on up to three (3) sides, one (1) or more stories in height. Pre-school or Day Nursery: A school for children of pre-public school age in which constructive endeavors, object lessons, and helpful games are prominent features of the curriculum. Primary Use Building: A building in which the primary activity associated with the lot is conducted. In any residential district, any dwelling will be the primary building. Recreational Vehicle Camping Area: Any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term occupancy of camper vehicles, recreational vehicles, tents, or trailers. Recreational Vehicle: A vehicle, towed or self-propelled, on its own chassis or attached to the chassis of another vehicle, and designed or used for temporary dwelling, recreational or sporting purposes. This includes, but is not be limited to, travel trailers, pick-up campers, camping trailers, motor homes, converted trucks and buses, boats. Refuse Facilities: Containers that are recognized and utilized by the City or the City’s refuse collection service, that are used to temporarily store trash and refuse on a lot until a refuse collection truck empties them (including, but not limited to metal dumpsters, plastic refuse carts and individual plastic refuse containers). Residential Density: The number of lots, dwelling units, or persons located or residing within a residential area. City of Eastland P & Z Ordinance / 03-07
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Restaurant: Any establishment whose principle business is the sale of foods and beverages to the customer in a ready-to-consume state. Retirement Housing Complex: A development providing dwelling units specifically designed for the needs of ambulatory elderly persons. To qualify as a retirement housing complex, a minimum of 80% of the total units shall have a head of household who is 60 years of age or older. The remaining units may qualify by meeting one of the following conditions: (a)
A unit is occupied by a household head who is 55 years of age or older;
(b)
A unit is occupied by a surviving member(s) of a household, regardless of age, and the household head meeting the age requirement has died;
(c)
A unit is occupied by management personnel and his or her family. In addition to the dwelling units, a Retirement Housing Complex may include special facilities and services for the exclusive use of the residents. This may include a cafeteria and/or dining room, snack bar, convenience retail shop (food, household and gift items), infirmary, library, game room, swimming pool, exercise room, arts and crafts facilities, meeting room, greenhouse, housekeeping service, beauty and/or barber shop, chapel, transportation service and related uses to provide a comfortable and convenient living atmosphere.
Rooming House: See “Boardinghouse”. RV Park: See “Recreational Vehicle Camping Area” School: Includes grades one (1) through twelve (12) and may or may not include kindergarten. Seasonal Sales: A facility or site used for the sale of merchandise which is available or needed during certain seasons of the year. Use shall generally require one to three months of operation and be similar to fire wood sales or Christmas tree sales, seasonal plant material or other types of items for sale. Setback: A minimum horizontal distance between the lot line and the building line. Sexually Oriented Business (SOB): means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Sign: (general): A name, number, identification, description/announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building, window, door or outdoor structure, or erected or maintained upon the lot or premises, which directs attention to any object, product, service, place, activity, person, institution, organization or business located there in. Any interior illuminated or moving sign or light that is visible from the exterior may be determined as being erected on the exterior of the building or structure.
City of Eastland P & Z Ordinance / 03-07
Page 16
Site Development Plan: A map, drawing, or chart showing the location of all existing and planned structures, landscaping, design, entrance and exit, parking, height of structures, common open space, public facilities, private streets, together with information pertaining to all covenants relating to land use, location and bulk of structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities, and all other reasonable information required by the City of Eastland Subdivision Ordinance regulations which control the review process. Skirting: (As used in reference to the installation of Manufactured Housing) Skirting materials shall consist of materials compatible with the design of the home, enhancing its appearance. Unpainted or untreated materials, corrugated metal, galvanized metal, screen or wire skirting is prohibited. Small Animal Clinic: An office or group of offices for one or more veterinarians engaged in treating diseases or injuries to small domestic animals. Structures are to be soundproof and no outside facilities are permitted. Specific Use Permit: Refer to Conditional Use. Stable: A structure with a capacity for more than four (4) horses or mules. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling. Street Line: A dividing line between a lot, tract or parcel of land and a contiguous street. Street: A public or private thoroughfare which affords the principal means of access to abutting property. Structural Alterations: Any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams, girders or any substantial change in the roof elevation or exterior walls. Structure: A building of any kind or any piece of work built or composed of parts joined together in some definite manner. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including but not limited to advertising signs, billboards, lighting standards, etc. Tourists Home: A building, other than a hotel, where lodging is provided and offered to the public for compensation for not more than twenty (20) individuals and open to transient guests. Townhouse: A single family dwelling unit constructed in a series or group of not less than three (3) nor more than six (6) contiguous units. Trailer Court: A vacation travel trailer park.
City of Eastland P & Z Ordinance / 03-07
Page 17
Trailer (Camping, Recreational, or Travel Trailer): A vehicle, towed, on its own chassis, and designed or used for temporary dwelling away from the place of residence. This includes travel trailers, camping and tent trailers. Trailer (Hauling): A vehicle to be pulled behind an automobile or truck which is designed for the hauling of, but not limited to, animals, produce, goods, materials and commodities, including boats, vehicles, equipment or other items. Trucks: A self propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people and having a G.V.W. (gross vehicle weight) in excess of one (1) ton. Underpinning: See “Skirting” Variance: An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the Board of Adjustment of the City of Eastland can grant a variance. Vertical Wall Height: See “Height” Water Storage: Includes impounded surface water areas of surface tanks used for storage. Yard, Front: A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies or open porch. Yard, Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, balconies, or porches. On all lots the rear yard shall be in the rear of the front yard. Yard, Side: A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line. Yard: An open space on the same lot, with a building, unoccupied and unobstructed by any portion of a structure from the ground upward. The horizontal distance between the lot line and the main building shall be used 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. Zero Lot Line: The construction of a building on any of the boundary lines of a lot and having no yard requirement on that lot line. Zoning District Map: The official, certified map on which the boundaries of the various zoning districts are shown and which are an integral part of this Zoning Ordinance and together with this zoning text, make up the Zoning
City of Eastland P & Z Ordinance / 03-07
Page 18
Zoning District: A classification within which the regulations specified are uniform and which is assigned to a particular area of the City by delineation upon the Zoning District Map which is a part of this Ordinance. Zoning Officer: The City of Eastland has officially designated the Director of Planning and Development or his or her designee as the individual responsible for determining and enforcing compliance with the regulations and policies in this ordinance.
City of Eastland P & Z Ordinance / 03-07
Page 19
SECTION 3. ZONING DISTRICTS The City of Eastland, Eastland County, Texas, is hereby divided into eight (8) zoning districts, as follows: ABBREVIATED DESIGNATION
ZONING DISTRICT NAME
Open Districts
AO
Agricultural Open Space District
Residential Districts
SF MF MH
Single Family Residence District Multiple Family Residence District Mobile/Modular Home District
Commercial Districts
C1 C2
Local Business District General Business District
Industrial Districts
LI HI
Light Industrial District Heavy Industrial District
3-1.
AO” Agricultural Open Space District: This district is composed primarily of unsubdivided land within the corporate limits of the City, that is vacant or in agricultural use, with some dwellings and accessory uses. The agricultural activities conducted in the District shall be within environmental restrictions and regulations and not be detrimental to adjacent urban land uses. The type of uses and the area and intensity of uses permitted in the District shall encourage and protect agricultural uses until urbanization is warranted. The District is also intended to protect areas that may be unsuitable for development because of physical problems, lack of infrastructure, potential health or safety hazards such as flooding, as well as providing for preservation of natural open space areas.
3-2.
“SF” Single Family Residence District: “SF” districts consist mainly of areas containing single family dwellings and open space areas where single family development appears to be desirable. The “SF” district provides for a low residential density neighborhood development. The primary land use allows for single-family dwelling development appropriate to the suburban character of the neighborhood. Other uses within this district shall contribute to the basic elements of a balanced and attractive neighborhood. Suburban area development is intended to be separate from and protected from the encroachment of land activities that do not contribute to the esthetic and functional well-being of the residential environment.
3-3.
“MF” Multi-Family Residence District: This residential district provides for medium to high-density city neighborhood development. The primary land use allows for single-family dwellings, two to four family dwelling units, and multiple family
City of Eastland P & Z Ordinance / 03-07
Page 20
housing buildings and complexes. All “MF” zoning will be appropriate to a city style neighborhood, defined by green space and family character. Development within this district is intended to be protected from the encroachment of land activities that do not contribute to the esthetic and functional well being of the intended district environment. 3-4.
“MH” Manufactured Housing District: The “MH” district is intended to serve as a residential district for persons living in manufactured homes located on a single lot or within a mobile home park. The primary use of land is for single-family dwellings, along with related uses to provide the basic elements of an attractive living area and environment.
3-5.
“C1” Local Business District: The regulations of the “C1” district are designed to provide a range of retail services to residents within the City, and associated with local business services development, but would also include those businesses and advertising devices which would attract customers and traffic from outside the immediate area.
3-6.
“C2” General Business District: The “C2” district regulations are designed to permit development of commercial activities including those which because of the sale, service, display, and storage characteristics may not be attuned with the local business services development and which may serve to attract customers from outside the City. Good automobile accessibility is essential in this district.
3-7.
“LI” Light Industrial District: The “LI” district consists of land and improvements involved in manufacturing, wholesale, and medium intensity activities of a nonnuisance or limited-nuisance type. Residential uses are not considered to be compatible with light industrial activities.
3-8.
“HI” Heavy Industrial District: The “HI” district consists of land and improvements used mainly for manufacturing and industrial activities whose generation of nuisance effects are greater than those of other industries. Residential uses are not considered to be compatible with heavy industrial activities.
City of Eastland P & Z Ordinance / 03-07
Page 21
SECTION 4. ZONING DISTRICT MAP The location and boundaries of the districts herein established are shown upon the official Zoning Map, which is hereby adopted as part of this Ordinance. The original of the Zoning District Map shall be filed in the office of the City Secretary. Said Zoning Map, together with all notations, references and other information shown thereon and all amendments thereto, shall be as much a part of this Ordinance as if fully set forth and described herein. SECTION 5. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply: 5-1.
Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries.
5-2.
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
5-3.
Where district boundaries are so indicated that they approximately parallel to the centerlines or street lines of the streets, or the centerlines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale on said Zoning Map.
5-4.
In un-subdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.
5-5.
In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the less restricted district.
5-6.
Whenever any street, alley or other public way is vacated by official action of the City Commission, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all regulations of the extended district.
City of Eastland P & Z Ordinance / 03-07
Page 22
SECTION 6. COMPLIANCE WITH REGULATIONS Except as hereinafter specifically provided: 6-1.
No land shall be used except for a purpose permitted in the district in which it is located.
6-2.
No building shall be erected, converted, enlarged, re-constructed or structurally altered to exceed the height and area limits herein established for the district nor to be used, except for a use permitted in the district in which such a building is located.
6-3.
No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.
6-4.
The minimum yards, parking spaces and open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirement of this ordinance for the district in which such lot is located.
6-5.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and except as hereinafter provided, there shall not be more than one main building on one lot.
City of Eastland P & Z Ordinance / 03-07
Page 23
ARTICLE II PERMITTED USES AND AREA REGULATIONS SECTION 1. PERMITTED USES Uses permitted in each zoning district and their parking requirements are shown by means of symbols in the permitted use chart. The charge is divided into eleven (11) categories of use. They include: Residential Accessory and Incidental Cultural and Recreational Government, Health, Safety and Welfare Educational and Religious Services Retail Trade Wholesale Trade Resource Production and Extraction Transportation, Communication and Utilities Manufacturing Land and buildings in each of the zoning districts may be used for any of the listed uses but no land shall hereafter be used and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified as permitted uses in the district in which it is located according to the following use schedule. 1-1.
Symbols: Symbols found in the permitted use chart have the following meanings: X
Designates use permitted in district indicated.
__
Designated use prohibited in district indicated.
S
Indicates use may be approved as a Specific Use Permit as outlined in ARTICLE II, SEC. 8
City of Eastland P & Z Ordinance / 03-07
Page 24
1-2. PERMITTED USES
PARKING
AO SF
MF
MH
C1 C2
LI
HI
S
S
S
S
X X S S
X X S S
-RESIDENTIALApartments (See Multi-Family Dwellings Boardinghouse, Lodginghouse or Rooming House Condominiums (See Multi-Family Dwellings) Duplexes Mobile Homes (Single Units) Mobile Home Parks Modular Homes Multi-Family Dwellings Single Family Detached Dwellings Townhouses, Patio Homes
2/3 Rooms & 1/Employee
X
3/2 Dwelling Units 2/Unit 2/Unit 2/Unit 3/2 Dwelling Units 2/Unit 2/Unit
X S S X
X
S
S X
X S
X X
X
X
X
X
X X X
-ACCESSORY AND INCIDENTAL USES-
Accessory Building (Residential) Animal Lot (Private) Carport (Residential) Fences, Walls, Hedges Field Office or Temporary Construction Office Garage (Detached, Residential) Home Occupation Storage (Commercial) Storage (Industrial) Swimming Pool (Private) Tennis Court (Private)
City of Eastland P & Z Ordinance / 03-07
1/Employee
X X X X S
X X S
X X S
X X S
X X S
X X S
X S
X S
X S
X S S S S S
X S X
X S X
S S
S S
X X
X
X X
X
X X
X
Page 25
1-2. PERMITTED USES
PARKING
AO SF
MF
MH
-CULTURAL AND RECREATIONAL USESAmusement Facility (Temporary) 1/200 SF Lot S Area Amusement Park 1/200 SF Lot S Area Aquariums 1/400 SF Lot Area Arenas and Field Houses 1/8 Seating S Capacity Art Galleries 1/800 SF Floor Area Ballfields and Ballparks 1/8 Seating S S S S Capacity Boat Rentals 1/400 SF Floor Area Bowling Lane 1/200 SF Floor Area Camping and Picnicking Area 1/Table X Civil, Social, and Fraternal 1/200 SF S S Organizations Floor Area Drag Strip or Commercial Racing 1/8 Seating S Capacity Drive-In Movies 1/Speaker S Fairgrounds X Go-Cart Track 1/2 Carts S Golf Course/Driving Range 100/9 Holes X S S S Gymnasium/Athletic Stadium 1/8 Seating S S S S Capacity Libraries 1/300 SF Floor Area Miniature Golf Course 2/Hole S S Museums 1/800 SF S Floor Area Parks/Playgrounds X X X X Planetariums 1/400 SF S Floor Area Pool Halls 1/Table Riding Academy or Stable 1/2 Horses S Rodeo Grounds 1/8 Seating S Capacity
City of Eastland P & Z Ordinance / 03-07
C1 C2
LI
HI
S
S
S
X
S
S
X
S
S
S
S
S
X
X
X
X
X
X
X
X
X
X X
X X
S
S
S X S X X
S X S X X
S
X
X
X
X X X X X
X S X
S
S
X X X
X X
X
X
X
X S S
X X X
X X X
Page 26
1-2. PERMITTED USES
PARKING
AO SF
MF
MH
C1 C2
-CULTURAL AND RECREATIONAL USES (Cont’d)Skating Rink 1/200 SF S X Floor Area Swimming Pool (Public) 1/4 Persons S S S S S Design Tennis Courts (Public) 2/Court S S S S S Theaters 1/3 Seating X Capacity Vacation Travel Trailer Parks 1/Lot S Zoos X
-GOVERNMENT, HEALTH, SAFETY, AND WELFARE USESAnimal Hospital/Veterinarian 1/500 SF X Floor Area Fire Station X X X X Funeral Home/Ambulance Service 1/4 Seating X Capacity Government Offices 1/3 X Employees Hospital 1/2 Beds & S X 1/Employee Institution of Care of Alcoholic, 1/2 Beds & S X Narcotic or Psychiatric Patient 1/Employee Medical or Dental Clinic 1/200 SF X Floor Area Military and Armed Forces 1.25/Employe S Reserve Center e Nursing/Retirement Home 1/6 Beds S S X Optical Shop and Laboratory 1/200 SF X Floor Area Police Station X X X X Sanitary Landfill S Social Service Organization 1.25/Employe X Facility e Special Education Center 1/200 SF S S X Floor Area
City of Eastland P & Z Ordinance / 03-07
LI
HI
X
X
X
X
S
X X
S
X S
S S
S
X
X
X
X X
X X
X
X
X
X
X X X
S
X
X
X X
S
X
X S
X X
Page 27
X
X S
1-2. PERMITTED USES
PARKING
AO SF
MF
MH
-EDUCATIONAL AND RELIGIOUS USESArt, Music, and Dancing Schools 1/300 SF Floor Area Business School 1/Classroom & 1/4 Students Cemeteries, Crematoriums, and S Mausoleums Church or Place of Worship 1/3 Seating S S S S Capacity Commercial Trade School 1/Classroom & 1/4 Students Kindergarten or Day Nursery 1.25/Employ S S S S ee Public, Private or Denominational 1/Classroom S S S S School & 1/4 Students Youth Organizations and Centers 1/300 SF S S S (YMCA, YWCA) Floor Area
City of Eastland P & Z Ordinance / 03-07
C1 C2
LI
HI
X
X
X
X
S
S
S
S
S
S
S
X
X
X
X
X
X
X
X
X
X
Page 28
1-2. PERMITTED USES Accounting and Bookkeeping Services Advertising Services Automobile Rental and Leasing Services Automobile Repair Services Automobile Wash (Self Service) Banking Services/Savings & Loan
Beauty and Barber Services Blueprinting and Photocopying Services Building Construction Office
Business Associations
Carpentry Services Catering Services Coating, Engraving, and Allied Services Concrete Products Consumer Services
Credit Unions
Delivery Services Drilling Contractors and Rig Repair Services Electrical and Appliance Repair Services Employment Services City of Eastland P & Z Ordinance / 03-07
PARKING
AO SF
-SERVICES1/300 SF Floor Area 1/Employee 1/Employee +3 1/400 SF Floor Area 1/Employee 1/Employee & 1/500 SF Floor Area 2/Employee 1/Employee +2 1/Employee & 1/1,000 SF Floor Area 1/Employee & 1/500 SF Floor Area 1/Employee +2 1/Employee +2 1/Employee 1/Employee +2 1/Employee & 1/500 SF Floor Area 1/2 Employees & 1/500 SF Floor Area 1/Employee & 1/Truck 1/Employee +2 1/Employee +2 2/Employee
MF
MH
C1 C2
LI
HI
X
X
X
X
X X
X X
X X
X X
X
X
X
X
X X
X X
X
X
X X
X X
X X
X X
S
X
X
X
X
X
X
X
S
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
S
X
X
X
X
X
X
X
X
X
Page 29
1-2. PERMITTED USES
PARKING
AO SF
-SERVICES (Cont’d)1/400 SF Floor Area 1/2 Employees 2/3 Employees S 1/2 Employees & 1/500 SF Floor Area Food Lockers 3/2 Employees Freight Hauling Services 1/Employee & 1/Truck Health Club and Fitness Services 1/200 SF S Floor Area House Wrecking and Demolition 1/Employee Insurance Agents and Service 1/400 SF Floor Area Interior Design Services 1/400 SF Floor Area Janitorial and Maintenance 1/2 Contracting Employees Kennel 1/500 SF S Floor Area Labor Unions 1/5 Members Laundering and Dry Cleaning 2/3 Services Employees Legal Services 1/300 SF Floor Area Machine Shops and Welding 1/Employee Services +2 Masonry, Stonework, and Tile 1/Employee Setting Services +2 Moving, Warehousing, and Storage 2/3 Services Employees Office Equipment and Business 1/Employee Machines, Sales or Rental +2 Oil Field Services 1/Employee +3 Outdoor Advertising (Billboards) S
MF
Engineering, Architectural, and Planning Services Exterminating and Fumigating Services Farm Products Warehousing and Storage, Excluding Stockyards Feedlots, Commercial Financing and Loan Services
City of Eastland P & Z Ordinance / 03-07
MH
C1 C2
LI
HI
X
X
X
X
S
X
X
X
S
X
X
X
S X
S X
X
X
X
X
X
X X
X
S
X
X
X
X
X X
X
X
X
X
S
X
X
X
X
X
S
X X
X X
X X
X X
X
X
X
X
S
X
X
S
X
X
X
X
X
X
X
X S
X
X
S
S
S
S
Page 30
1-2. PERMITTED USES
Painting or Remodeling Services Photoengraving and Commercial Printing Services Photographic Services Pipe Cleaning and Testing Plumbing, Heating, and Air Conditioning Services Protective and Security Services Real Estate Agents and Services Roofing and Sheet Metal Services Shoe Repair Services Stenographic Services Stockyards, Livestock Auctions, and Hauling Services Storage Facilities (Commercial) Title Abstractors and Appraisers Tool and Equipment Rental Services Travel Services Truck Rental Services Upholstering and Furniture Repair Services Water Well Drilling Services Wrecker and Towing Services Watch, Clock, and Jewelry Repair Services
City of Eastland P & Z Ordinance / 03-07
PARKING
AO SF
-SERVICES (Cont’d)1/Employee +2 1/Employee +2 1/200 SF Floor Area 1/Employee +2 1/Employee +2 1/Employee +2 1/400 SF Floor Area 1/Employee 1/Employee 1/400 SF Floor Area S 1/Employee 1/400 SF Floor Area 1/Employee +3 2/Employee 1/Employee +3 1/Employee +2 1/Employee +2 1/Employee 1/Employee +2
MF
MH
C1 C2
LI
HI
S
X
X
X
X
X
X
X
X
X
X
X
S
X
S
X
X
X
X
X
X
X
X
X
X
X
S X X
X
X
X X
X S
X X
X X
X X
X X
S
X
X
X
X S
X X
X X
X X
X
X
X
X
X
X
X S
X
X
X X
Page 31
1-2. PERMITTED USES
Adult Oriented Business Antique Store Appliances (Household) Automobile and Small Truck (1 Ton) sales and Services Automobile Parts and Supplies Bakery Products Bait Store Bicycle Sales and Service Book Store Bottled Gas Cameras and Photographic Supplies China, Glass, and Metalware Coin Shop Dairy Products Department Store Dry Goods and Apparel Drug Store/Pharmacy Electrical Supplies Farm and Garden Supplies Farm Equipment
City of Eastland P & Z Ordinance / 03-07
PARKING
AO SF
-RETAIL TRADE1/400 SF Floor Area 1/500 SF Floor Area 1/400 SF Floor Area 1/400 SF Floor Area 1/400 SF Floor Area 1/200 SF Floor Area 1/Employee +2 1/300 SF Floor Area 1/400 SF Floor Area 1/Employee +2 1/200 SF Floor Area 1/300 SF Floor Area 1/500 SF Floor Area 1/200 SF Floor Area 1/300 SF Floor Area 1/300 SF Floor Area 1/400 SF Floor Area 1/300 SF Floor Area 1/600 SF Floor Area 1/600 SF Floor Area
MF
MH
C1 C2
LI
HI
S X
X
X
X
X
X
X
S
X
X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
S
X
X
X
S
X
X
X
X
X
X
X
Page 32
1-2. PERMITTED USES Floor Coverings Fruits and Vegetables Fruits and Vegetables (Temporary) Fuel Oil
PARKING
AO SF
-RETAIL TRADE (Cont’d)1/400 SF Floor Area 1/300 SF Floor Area S
Furniture and Home Furnishings Fur Apparel Gasoline Service Station
Gifts, Novelties, and Souvenirs Grocery, Convenience Grocery, Supermarket Hardware Heating and Plumbing Equipment Hobby and Craft Supply Store Hotel, Motel
Jewelry Store Junk Yard, Salvage Yard, and Auto Wrecking Yard
Liquor and/or Private Club (On Premises Consumption) Lumber and Building Materials
City of Eastland P & Z Ordinance / 03-07
1/Employee +2 1/300 SF Floor Area 1/300 SF Floor Area 1/Pump & 1/Service Stall 1/400 SF Floor Area 1/200 SF Floor Area 1/200 SF Floor Area 1/300 SF Floor Area 1/1,000 SF Floor Area 1/400 SF Floor Area 1/Sleeping Rm. & 1/300 SF Common Area 1/400 SF Floor Area 1/2 Employees & 1/5,000 SF Floor Area 1/200 SF Floor Area 1/500 SF Floor Area
MF
MH
C1 C2
LI
X
X
S
X
S
S
S X
S
HI
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
S
X
X
X
X
X
X
X
X
X S
S
S
S
S
S
S
X
X
X
Page 33
1-2. PERMITTED USES
PARKING
AO SF
-RETAIL TRADE (Cont’d)2/Employee 1/200 SF Floor Area Mobile/Modular Home/RV Sales 2/Employee Monument Sales 1/Employee +1 Motorcycle Sales and Service 1/300 SF Floor Area Music Supplies and/or Record 1/400 SF Store Floor Area Newspapers and Magazines 1/400 SF Floor Area Marine Craft Accessories Meat, Fish, and Poultry
Office Supplies and Stationery Optical Goods Paint, Glass, and Wallpaper Pawn Shop Pet Shop Plant Material (Nursery) Radio and Television Restaurants
Sexually Oriented Business Shoes Shopping Centers
Sporting Goods and Athletic Equipment Tailoring (Custom)
City of Eastland P & Z Ordinance / 03-07
1/400 SF Floor Area 1/200 SF Floor Area 1/400 SF Floor Area 1/500 SF Floor Area 1/400 SF Floor Area 1/400 SF Floor Area 1/400 SF Floor Area 1/2 Employees & 1/4 Seats 1/400 SF Floor Area 1/300 SF Floor Area 1/250 SF Gross Leaseable Space 1/400 SF Floor Area 1/300 SF Floor Area
MF
MH
C1 C2
LI
HI
X
X
X
X X
X
X X
S X
S X
X
X
X
X
X
X
X
X
X
X
X
X
X
S
X
X
X
X
X
S
X
X
S
X
X
X
X
X
X
X
X
X
S X
X
X
X
X
X
X
X
S
Page 34
1-2. PERMITTED USES
Tobacco Products Truck Sales and Service
Variety Store
PARKING
AO SF
-RETAIL TRADE (Cont’d)1/Employee 2/Employee & 1/600 SF Floor Area 1/300 SF Floor Area
City of Eastland P & Z Ordinance / 03-07
MF
MH
C1 C2
LI
HI
X X
X X
X X
X X
X
X
Page 35
1-2. PERMITTED USES
Ammunition and Explosives Automobiles and Other Motor Vehicles Automotive and Motor Vehicle Equipment Candy and Related Products Commercial and Industrial Machinery, Equipment, and Supplies Dairy Products Drugs and Sundries Dry Goods Electrical Equipment, Wiring, Etc. Electrical Appliances Farm Machinery and Equipment Farm Products (Raw Materials) Furniture and Home Furnishings Groceries Hardware, Plumbing, and Heating Equipment Lumber and Building Materials Meat Products Medical and Dental Supplies Oil Field Chemicals Oil Field Equipment Paint, Varnish, and Related Products Paper and Paper Products Petroleum Bulk Stations and Terminals Produce Scrap and Waste Material
City of Eastland P & Z Ordinance / 03-07
PARKING
AO SF
MF
MH
C1 C2
-WHOLESALE TRADE1/Employee +2 1/1,000 SF Floor Area 3/2 Employees 1/Employee 1/Employee
1/Employee 1/Employee 1/Employee 1/Employee +3 1/Employee +2 1/Employee +2 1/Employee 1/Employee 1/Employee 1/Employee +2 3/2 Employees 1/Employee 1/Employee 1/Employee +2 1/Employee +3 1/Employee
LI
HI
S
S
S
S
X
X
X
X
X
S
X X
X
S S
S
S
X
X
X X
X X
S S S
X X X X
X X
S
X
X
S X
X X
X X S
S
X
X
X
X
X
X
X
X
X S
X X
1/Employee +3 1/Employee 1/Employee 1/Employee
X X X X
S
Page 36
1-2. PERMITTED USES
Tobacco Products Vending Machines and Merchandise
PARKING
AO SF
MF
MH
-WHOLESALE TRADE (Cont’d)1/Employee 1/500 SF Floor Area
1-2. PERMITTED USES
PARKING
AO SF
MF
LI
HI
X X
X X
X X
C1 C2
LI
HI
S S
S X
S S
MH
-RESOURCE PRODUCTION AND EXTRACTIONCaliche Pit and Storage Area S Cotton Ginning/Compressing 1/Employee S Farms X Fish Hatchery 2/Employee S Flammable Liquid and Gas Storage 1/Employee Grain Storage Elevator 1/Employee S Mining S Petroleum and Gas Well S Petroleum and Natural Gas Refinery 1/Employee Petroleum Collecting and Storage 1/Employee S Facilities Plant Material Production (for 1/400 SF X Retail or Wholesale) Floor Area Poultry Hatchery 1/Employee S Sand and Gravel Extraction or S Storage
City of Eastland P & Z Ordinance / 03-07
C1 C2
S
S
S
S X S S X X
X
X
S
S
X S S
Page 37
1-2. PERMITTED USES
PARKING
AO SF
MF
MH
C1 C2
-TRANSPORTATION, COMMUNICATIONS, AND UTILITIESAircraft Storage and Equipment 1/Employee S Maintenance +2 Airport Terminal S Automobile Parking Lot X Bus Garage/Terminal 1/Employee X Electric Generation Plant 1/Employee S Electric Substation S S S S S Electric Transmission X X X X X Right-of-Way Gas Line Regulating or S S S S S Compression Station Gas Production Plant 1/Employee S Motor Freight Garage 1/Employee Motor Freight Terminal 1/2 Employees Moving and Storage Company 1/2 (Other than Household Goods) Employees Petroleum Pipeline Right-of-Way Public Yard and Shop of Local, 1/Employee S S State or Federal Agency Radio Studio 1/Employee S X Radio Transmitting Tower 1/Employee S S Railroad Right-of-Way S X Sewage Lift Station S S S S X Sewage Treatment Plant 1/Employee S Taxicab Terminal 1/Taxi X Telegraph Office 1/Employee +2 X Television Broadcasting Studio 2/Employee S X Television Transmission X X X X X Right-of-Way Television Transmitting Tower S S Utility Line X X X X X Utility Shops, Storage Yards, 1/Employee And Buildings Water Pressure Control Station S S S S X Water Storage X X X X X Water Treatment Plant 1/Employee S
City of Eastland P & Z Ordinance / 03-07
LI
HI
S
X
X X
S X X X X X
X X X X X X
X
X
X
S X X
S X X
S
X
X
X
X X
X X
X X X X X
X X X X X
X X X X
X X X
X X X
S X X
X X X
X X X
X X
X X X
X X X
X X
X S X X
Page 38
1-2. PERMITTED USES Abrasives, Asbestos, and Miscellaneous Mineral Products Aircraft and Accessories Ammunition Appliances (Household) Asphalt Felts and Coatings Bakery Products (Wholesale Distribution) Boat Building and Repair Books (Publishing and Printing) Bookbinding Bottling and Canning Soft Drinks Bricks and Structural Clay Tile Brooms and Brushes Canning and Preserving Food Products Canvas Products Carbon Black Cement (Hydraulic) Ceramics Chemicals Clay Refractors Coffee and Related Products Concrete Products
City of Eastland P & Z Ordinance / 03-07
PARKING
AO SF
-MANUFACTURING1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift 1/Employee Max. Shift
MF
MH
C1 C2
LI
HI X X
X
X
X
X X
S
S
X
X X
X
X
X
X
X
X
X
X
X
X
X X
X
X
X
X
S
X X X X X X
X
X X
Page 39
1-2. PERMITTED USES
PARKING
AO SF
MF
-MANUFACTURING (Cont’d)Confectionary and Related Products 1/Employee (Wholesale Distribution) Max. Shift Cosmetics, Perfumes, and Toilet 1/Employee Preparations Max. Shift Cotton Ginning and Compressing 1/Employee Facilities Max. Shift Cottonseed Oil Milling Facilities 1/Employee Max. Shift Cut Stone and Stone Products 1/Employee Max. Shift Dairy Products 1/Employee Max. Shift Dental Equipment and Supplies 1/Employee Max. Shift Drugs and Sundries 1/Employee Max. Shift Dry Goods and Apparel 1/Employee Accessories Max. Shift Electric Lighting and Wiring 1/Employee Equipment Max. Shift Electrical Supplies and Equipment 1/Employee Max. Shift Electric Transmission and 1/Employee Distribution Equipment Max. Shift Electrometallurgical Products 1/Employee Max. Shift Electronic Components and 1/Employee Accessories Max. Shift Electrotyping and Stenotyping 1/Employee Max. Shift Engineering, Scientific, and 1/Employee Research Equipment Max. Shift Engines and Turbines 1/Employee Max. Shift Explosives 1/Employee Max. Shift Fabrication and Assembly Process 1/Employee Max. Shift Farm Machinery and Equipment 1/Employee Max. Shift Fats and Oils 1/Employee Max. Shift City of Eastland P & Z Ordinance / 03-07
MH
C1 C2 S
S
LI
HI
X
X X X X X
S
X
X
X
X
X
X
S
X
X
X
X
X X X
X
X
X
X
S
X X X
S
X
X
X X X
Page 40
1-2. PERMITTED USES
PARKING
AO SF
MF
-MANUFACTURING (Cont’d)1/Employee Max. Shift Floor Coverings and Carpets 1/Employee Max. Shift Food Preparations and Extracts 1/Employee Max. Shift Food Products 1/Employee Max. Shift Fur Dressing and Dyeing 1/Employee Max. Shift Fur Goods 1/Employee Max. Shift Furniture and Home Furnishings 1/Employee Max. Shift Glass and Glass Products 1/Employee Max. Shift Glue and Gelatin 1/Employee Max. Shift Grain Mill Products 1/Employee Max. Shift Gum and Wood Chemical 1/Employee Max. Shift Guns and Related Products 1/Employee Max. Shift Gypsum and Gypsum Products 1/Employee Max. Shift Hardware, Cutlery, and Hand Tools 1/Employee Max. Shift Hats, Caps, and Millinery 1/Employee Max. Shift Heating and Air Conditioning 1/Employee Supplies and Equipment Max. Shift Ice 1/Employee Max. Shift Ink 1/Employee Max. Shift Jewelry 1/Employee Max. Shift Kitchen Goods 1/Employee Max. Shift Knit Goods 1/Employee Max. Shift
MH
C1 C2
LI
HI
Felt Goods
City of Eastland P & Z Ordinance / 03-07
X X X X X X
X X X X X X X X X
X
X X
X
X
X
X X X
X
X
X
X
Page 41
1-2. PERMITTED USES
PARKING
AO SF
MF
-MANUFACTURING (Cont’d)1/Employee Max. Shift Lamp Shades 1/Employee Max. Shift Lapidary Work 1/Employee Max. Shift Leather and Leather Products 1/Employee Max. Shift Lubricating Oils and Greases 1/Employee Max. Shift Machinery and Equipment 1/Employee (Industrial) Max. Shift Matches 1/Employee Max. Shift Measuring and Controlling 1/Employee Equipment Max. Shift Meat Packing 1/Employee Max. Shift Medical Supplies and Equipment 1/Employee Max. Shift Metal Cans 1/Employee Max. Shift Metal Smelting and Processing 1/Employee Max. Shift Metal Fabrication 1/Employee Max. Shift Metal Working Machinery, 1/Employee Equipment, and Products Max. Shift Millwork 1/Employee Max. Shift Mobile/Modular Homes 1/Employee Max. Shift Monuments and Tombstones 1/Employee Max. Shift Mortician Goods 1/Employee Max. Shift Motor Vehicles. Equipment, and 1/Employee Accessories Max. Shift Motorcycles, Bicycles, and Parts 1/Employee Max. Shift Musical Instruments and Parts 1/Employee Max. Shift Lace Goods
City of Eastland P & Z Ordinance / 03-07
MH
C1 C2
LI
HI
X
X
X
X X X X X S
S
X X
S
X X X
S
X X
X
X X X
S
X X X
X
Page 42
X
1-2. PERMITTED USES
PARKING
AO SF
MF
-MANUFACTURING (Cont’d)1/Employee Max. Shift 1/Employee Max. Shift Office Supplies and Furniture 1/Employee Max. Shift Oil Well Equipment and Supplies 1/Employee Max. Shift Ophthalmic and Optical Goods 1/Employee Max. Shift Padding and Upholstery Filling 1/Employee Max. Shift Paint and Varnish 1/Employee Max. Shift Paper and Paper Products 1/Employee Max. Shift Paper Coating and Glazing 1/Employee Max. Shift Paving Mixtures 1/Employee Max. Shift Periodicals (Publishing and 1/Employee Printing) Max. Shift Petroleum and Natural Gas Refining 1/Employee Max. Shift Petroleum Products 1/Employee Max. Shift Photographic Equipment and 1/Employee Supplies Max. Shift Plastic Products 1/Employee Max. Shift Plumbing Supplies and Equipment 1/Employee Max. Shift Porcelain and Porcelain Products 1/Employee Max. Shift Pottery 1/Employee Max. Shift Prefabricated Structures and 1/Employee Components Max. Shift Pulp Goods 1/Employee Max. Shift Radio and Television Equipment 1/Employee Max. Shift Newspapers (Publishing and Printing) Office Machines
City of Eastland P & Z Ordinance / 03-07
MH
C1 C2
LI
HI
X
X
X
X
X X
X X
S
X X X
X
X X X
X
X
X
X X X
S
X
X
X X X X
S
X X
S
Page 43
X
1-2. PERMITTED USES
PARKING
AO SF
MF
-MANUFACTURING (Cont’d)1/Employee Max. Shift Rubber Goods 1/Employee Max. Shift Scrap and Waste Material 1/Employee Processing Max. Shift Signs and Advertising Displays 1/Employee Max. Shift Silverware and Plated Ware 1/Employee Max. Shift Soap, Detergents, Cleaners, and 1/Employee Polishes Max. Shift Sporting and Athletic Goods 1/Employee Max. Shift Synthetic Materials 1/Employee Max. Shift Tanks and Tank Components 1/Employee Max. Shift Textiles and Textile Products 1/Employee Max. Shift Tobacco Products 1/Employee Max. Shift Tortillas (Wholesale Distribution) 1/Employee Max. Shift Toys and Novelty Products 1/Employee Max. Shift Trailers (Camping, Travel, and 1/Employee Livestock) Max. Shift Venetian Blinds 1/Employee Max. Shift Vitreous China Products 1/Employee Max. Shift Wallpaper 1/Employee Max. Shift Watches, Clocks, and Related Parts 1/Employee Max. Shift Wire and Wire Products 1/Employee Max. Shift Wood Products 1/Employee Max. Shift Yarns and Threads 1/Employee Max. Shift
MH
C1 C2
LI
HI
Railroad Equipment
City of Eastland P & Z Ordinance / 03-07
X X X X
X
X X X
X
X
S
X X X
X
X
X
X
X
X
X X
X
X X X
X
X X
X
X
S
X
Page 44
1-2. PERMITTED USES
PARKING
AO SF
MF
MH
C1 C2
LI
HI
-OTHER, MISCELLANEOUS, AND NOTES-
City of Eastland P & Z Ordinance / 03-07
Page 45
SECTION 2. HEIGHT AND AREA REQUIREMENTS Height and area requirements for each zoning district classification are depicted in the following chart: HEIGHT & AREA REQUIREMENTS DISTRICT AO SF MF MH C1 (Residences Same as MF)
MAXIMUM HEIGHT STORI ES 3 1 3
MINIMUM LOT
YARDS
FEET
AREA
WIDTH
DEPTH
FRONT
REAR
SIDE
45 35 40 20 40 (2)
87,120 5,000 1,600/Unit 4,000
200 40 40 40
200 100 100 100
25 25 25 15
40 * * *
5 5 (1) 5 (1) 4
TOTAL SIDES 12 12 (1) 12 (1) 8
-
-
-
25
(3)
(4)
-
C2 (Residences Same as MF) LI
10
125 (5)
8
100 (6)
-
-
-
25 -
(3) (3)
(4) (4)
-
HI
8
100 (6)
-
-
-
-
(3)
(4)
-
* = 20% of Lot Depth (1)
Interior yard requirements may be waived in the case of townhouse developments; Interior side yard requirements may be waived for patio homes provided there is at least ten (10) feet between the structures.
(2)
A building may be erected to a height of eight (8) stories or one hundred (100) feet if set back from all required yard lines a distance of one (1) foot for each two (2) feet of additional height above forty-five (45) feet.
(3)
No rear yard required except that a rear yard of not less than fifteen (15) feet in depth shall be provided upon that portion of a lot abutting upon a residential district.
(4)
No side yard shall be required except that a side yard of not less than six (6) feet in width shall be provided on the side of a lot adjoining a residential district.
(5)
Buildings may exceed ten (10) stories or one hundred twenty-five (125) feet if set back one (1) foot for every two (2) feet of height above one hundred twenty-five (125) feet, but in no case shall the height of the building exceed the total of the street width on which it faces plus the depth of the front yard.
(6)
Whenever a building in a “LI” or “HI” District adjoins or abuts a residential district, such building shall not exceed three stories or forty-five (45) feet in height unless it is set back one (1) foot from the required side and rear yard lines for each foot of additional height above forty-five (45) feet.
City of Eastland P & Z Ordinance / 03-07
Page 46
SECTION 3. HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS 3-1.
Height: (a) The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers, and spires, chimneys, elevator bulkheads, smokestacks, conveyors, and flag poles. (b) Public, semi-public or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side and rear yards are each increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located. (c) The limitation on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located.
3-2. Front Yards: (a) On lots having double frontage the required front yard shall be provided on both streets. (b) In a residential district no planting higher than three and one-half (3-1/2) feet above the established street grades shall be maintained within twenty (20) feet of any street intersection. (c) An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than ten (10) feet, but this shall not be interpreted to include or permit fixed canopies. (d) Filling station pumps and pump islands may be located within a required yard provided they are not less than fifteen (15) feet from any property line and not less than fifty (50) feet from the boundary of any residential district. (e) Off-street parking facilities may be located within the required front yard of any “C” or “I” District, but shall not be nearer than fifty (50) feet to any “SF” or “MF” District and no off-street parking shall be permitted in the required front yard or exterior side yard of any “SF” or “MF” District.
City of Eastland P & Z Ordinance / 03-07
Page 47
3-3. Side Yards: (a) On a corner lot the width of the yard along the side street shall not be less than any required front yard on such street; provided however, that the buildable width of a lot of record shall not be reduced to less than thirty-two (32) feet. (b) No accessory building shall project beyond a required yard line along any street. (c) Where dwelling units are erected above commercial establishments no side yards are required except when required for the commercial building on the side of a lot adjoining a residential district. (d) A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than five (5) feet from any side lot line. (e) For the purpose of said yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot. (f) Where a lot of record at the time of the effective date of this ordinance is less than forty (40) feet in width the required side yard may be reduced to ten percent (10%) of the width of the lot; provided however, that no side yard shall be less than three (3) feet. 3-4. Rear Yards: (a) Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard. (b) The ordinary projections of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed eighteen (18) inches into a required yard. (c) Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Building Inspector for a distance not to exceed five (5) feet when these are so placed as to not obstruct light and ventilation. 3-5.
Lot Area per Family: Where a lot of record at the time of the effective date of this Ordinance has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family dwelling or for any nondwelling use permitted in the district in which it is located.
City of Eastland P & Z Ordinance / 03-07
Page 48
3-6.
Carports Requirements: (a) Carports accessory to commercial structures must meet the same setback requirements as the primary structure with the exception of the rear setback, which is 5 feet. (b) Carports accessory to residential structures have the following setback requirements: 1.
Front and exterior side yard setback requirement of 20 feet.
2.
The front roofline or overhang may extend up to three feet beyond the support column.
3.
Interior side setback of 5 feet.
4.
Rear setback of 3 feet.
(c) A detached carport must have a minimum separation of 6 feet from any other structure. Attached carports do not need to meet separation requirements. (d) If a carport is greater than 10 feet in height, an additional 1 foot of setback is required for each foot above ten feet. If the property is adjacent to an alley, then 1 additional foot of setback is required for each 2 feet in height. Carports may not exceed a maximum of 20 feet in height. 3-7.
Accessory Structure Requirements: (a) Structures accessory to commercial land use must meet the same setback requirements as the primary structure with the exception of the rear setback. The rear setback for accessory commercial structures is 5 feet, and must be separated from other structures by a minimum of 6 feet. (b) A site plan is required for all commercial accessory structures unless, the structure is less than 400 squire feet, and is used for storage purposes only. (c) With the exception of carports, no accessory structures are permitted in the front or exterior side yard. (d) Accessory structures other than commercial land use accessory structures have the following setback requirements: 1. 2.
Interior side setback of 5 feet. Rear setback of 3 feet
City of Eastland P & Z Ordinance / 03-07
Page 49
(e) Accessory structures in residential districts may not exceed 20% of the rear yard area, and must have a minimum of 12 feet separation from primary structure. (f) If an accessory structure is greater than 10 feet in height, an additional 1 foot of setback is required for each foot above ten feet. If the property is adjacent to an alley, then 1 additional foot of setback is required for each 2 feet in height. Accessory structures may not exceed a maximum of 20 feet in height. 3-8.
Fence Requirements: A fence, hedge, or enclosure wall is permitted, provided: (a) A solid fence or enclosure wall shall not exceed a height of eight (8) feet; (b) An ornamental fence shall not exceed a height of eight (8) feet, and shall have a ratio of solid portion to open portion not in excess of one (1) to five (5); (c) Any fence, hedge or enclosure wall on corner lot, shall be constructed in accordance with the Eastland Code of Ordinances Sec. 14-57. Fences and structures in easements and adjacent to public property. (d) Any fence, wall hedge, shrubbery, etc. higher than a base line extending from a point two and one-half (2-1/2) feet above walk grade to a point four and one-half (4-1/2) feet above walk grade at the depth of front yard required is hereby declared to be an obstruction to view, except single trees, having single trunks which are pruned to a height of seven (7) feet above walk grade. (e) Prohibited fences: Barbed wire or electric fences are prohibited in residential districts except where the residential district is adjacent to an AO (Agricultural Open Space) district, and the fence is used for the control of livestock.
3-9.
Temporary Fences: Temporary fences for the purpose of protection or securing of construction sites may be allowed during the construction process, or up to eighteen (18) months, provided that the contractor or property owner has applied for, and received a temporary fence permit issued by the City of Eastland.
City of Eastland P & Z Ordinance / 03-07
Page 50
SECTION 4. SIGN REGULATIONS 4-1
General Intent and Purpose: The purpose of this article is to provide uniform sign regulations for the City of Eastland. Its provisions shall be held to be the minimum requirements in the installation, erection, location, alteration, replacing, improving and maintenance of all signs. It is further intended to encourage signs which are well designed; which preserve locally recognized values of community appearance; which protect public investment in and the character of public thoroughfares; which aid in the attraction of shoppers and other visitors who are important to the economy of the city; which reduce hazards to motorists and pedestrians traveling on the public roadways; and thereby to promote the public health, safety and welfare.
4-2.
Administration and Enforcement – General: (a) Enforcement: The provisions of this article shall be administered and enforced by the City Code Official and such representatives as he/she may designate. All other officers or employees of the city shall assist and cooperate with the City Code Official in administering and enforcing the provisions of this article. (b) Violations: Except as otherwise provided in this ordinance, the City Code Official shall notify by certified mail an owner of a sign which violates provisions of this ordinance. The owner shall remove the sign within 30 days of notification or the City Code Official is hereby directed to do so according to Section 4-7, Authority to Remove Signs. (c) Permit Required: No person shall erect, reconstruct, alter, relocate or place any sign within the city except as permitted by this article. A separate permit shall be required for a sign for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. All signs shall be constructed and maintained in compliance with this ordinance, the building and electrical codes, and all other applicable ordinances of the City.
4-3
Sign Permit Fees: (a) Fees Required: All signs erected in the City shall be subject to fees as set forth in the fee schedules as adopted by the City Commission. (b) Double Permit Fees: The application fee or a sign permit shall be doubled when the installation or alteration of a sign is commenced or completed before the necessary permit is obtained.
4-4
Fines for Noncompliance: Any person convicted of violating any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine in accordance with the general penalty provision found in Section 1-14. of this code, and/or signs may be removed by agents and employees of the city pursuant to the procedure set forth in Section 4-7 and may be either stored or destroyed without liability to the city
City of Eastland P & Z Ordinance / 03-07
Page 51
or its agents or employees. The owner of a sign confiscated by the city may claim the sign remaining in the custody of the city upon payment to the city of an administrative fee set forth in the City Fee Schedule as approved by City Commission. Each day of such violation shall constitute a separate offense. 4-5
Exempt Signs: The following signs and actions shall be exempt from the requirements of this ordinance: (a) Seasonal decorations. (b) Signs erected by the City, State, or Federal government for the purpose of public instruction, street or highway designation, control traffic, and/or similar uses incidental to the public interest. (c) The changing of advertising copy or message on a painted sign, including theater marquee signs and similar signs specifically designed for the use of replaceable copy, change of face panel, or where the sign frame was designed for replaceable plates, shall not require a permit. (d) US, Texas or Patriotic Flags. (e) Painting, repainting, or cleaning of an advertising structure or message thereon which no structural changes are required. (f) Signs that are permitted through the Board of Adjustment for special events, outside sales, or storage of merchandise. (g) Search lights, "A" frame signs, twirling signs, balloons or other gas filled objects, may be displayed for not more than seventy-two (72) continuous hours within a thirty (30) day period. (h) Any Sign designated by official action of the city having special historic or architectural significance is exempt from the provisions of this section
4-6
Prohibited Signs: The following signs are prohibited: (a) Wheeled Signs (b) Off Premise signs located within the City of Eastland (c) All signs in public street rights-of-way, public easements, alleys or upon any utility pole, except those signs that are exempt pursuant to Section 4-5 Exempt Signs.
City of Eastland P & Z Ordinance / 03-07
Page 52
(d) Signs that contain flashing lights that resemble emergency lights, strobe lights or any light(s), which may resemble a governmental emergency beacon or traffic control device. (e) Billboards (f) Neon Signs on the exterior of any building located within the Local Business District (C1) (g) Signs which use supports such as trees, rocks, bridges, fences, windmill towers, dilapidated buildings (h) Signs with flashing, blinking, or traveling lights, which exceed thirty-five (35) watt light bulbs. (i) Signs, sign structures, or supports, that project over any property line, except a sign placed flat against the wall of the building, which is on the property line, may project eighteen (18") over the property line. (j) Sidewalk signs or curb signs. (k) Any signs which resemble an official traffic sign or signal. (l) Any sign which emits sound, odor, or visible matter, which serve as a distraction to persons within the public right-of-way. (m) Signs which contain statements, words, or pictures of an obscene, indecent, or immoral character that would offend public morals or decency are prohibited. (n) Signs placed on the side or rear of any building or property when such sign faces upon a contiguous residential area. 4-7
Authority to Remove Signs: If in the opinion of the City Code Official, any sign that is determined to be in violation of this ordinance shall be subject to the following: (a) It shall be the duty of the City Code Official to observe and make note of the facts regarding all signs in violation of this Article. (b) Notwithstanding anything contained herein to the contrary, the City Code Official, or his/her designee, is authorized to issue a citation, cause the sign to be removed and/or take other actions as authorized by this, or any other city ordinance, without action by the Zoning Board of Adjustment. (c) All structurally unsafe signs shall be removed within ten (10) days.
City of Eastland P & Z Ordinance / 03-07
Page 53
(d) All signs shall be removed or the faces covered no later than thirty (30) days after a business ceases operation at that location. (e) Should the responsible party or parties, after due notice fail to correct a violation of this section, the Code Official shall cause such signs and their supports to be demolished and removed. If such sign cannot be demolished because it is painted on a building or other non-sign structure, such sign shall be painted over or removed by sandblasting. The Code Official shall also file against the property a lien in the amount of the cost of all such work. 4-8
Permit Requirements: No sign shall hereinafter be erected, constructed, enlarged, altered, or removed and replaced except as otherwise provided by this code, until a permit for same has been issued by the City Planning Official. (a) Application: Application for sign permit shall be made in writing by the party installing or constructing the sign upon forms furnished by the City Planning Official. Standard plans reflecting the proposed scope of work may be filed with the City Planning Official. Such application shall contain the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
One set of plans; A description of the proposed sign; All existing buildings on the property; The location by street and number of the proposed sign structure; The distance from the curb to the sign; Size and height of the sign; Whether the sign is an electrical sign; The existing zoning of the property where the sign is to be placed; The name, address and telephone number of the property owner; The name, address, telephone number and license number of the registered sign contractor or erector.
(b) Expiration: Every permit issued by the City Planning Official under the provisions of this code shall be subject to the following: The permit shall expire by limitation and become null and void if the work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. 1.
Before work can be recommenced, a new permit must be obtained.
2.
The fee for the subsequent permit shall be one-half (1/2) of the amount required for the original permit, provided no changes have been made in the original plan specifications for the work and that the suspension or abandonment has not exceeded one year.
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4-9
Sign Types: Sign types are listed below and shall be as shown on the illustration entitled "Sign Types". PERMANENT SIGN TYPES (Permit Required). Permanent sign types shall include the following: 1. 2. 3. 4. 5.
Commercial Pole Signs Monument Pole Signs Monument Signs Wall Signs Secondary Signs
TEMPORARY SIGN TYPES (Permit Not Required) Temporary sign types shall include the following: 1. 2. 3. 4. 5. 6.
4-10
Banners Commercial Real Estate Signs Political Signs Flags Garage Sale Signs Decorative Pennants
Measurement of Signs: (a) Measurement of Detached Signs: The sign area for a detached on-premise sign shall be the area included within vertical and horizontal line projection of any logo, letters, or other symbols intended to be read together, composed of the total area of the message and any border, trim or surface upon which the message is displayed. (b) Measurement of Attached Signs: The sign area for an attached on-premise sign shall be the area included within the vertical and horizontal line projection of any logo, letters, or other symbols intended to be read together, composed of the total area of the message and any border, trim or surface upon which the message is displayed. There may be several sign areas on the wall of a building depending upon how a sign is displayed.
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TYPE OF SIGNS
PERMIT
DISTRICTS
MAXIMUM AREA
MAX. HEIGHT
# OF SIGNS
SETBACK
PERMANENT SIGNS POLE SIGNS COMMERCIAL POLE SIGNS
YES
C1, C2, LI, HI
SEE SIGN TABLE 4-10-A, 4-10-B, 4-10-C
SEE TABLE 4-10-A, B & C
1 PER STREET FRONTAGE
15 FEET FROM CURB OR EDGE OF PUBLIC STREET
MONUMENT POLE SUGNS
YES
C1, C2, LI, HI
0.40 SQ. FT PER FRONT LINEAR FT OF LOT
30 FEET
1 PER STREET PRONTAGE
10 FEET FROMPROPERTY LINE
MOMUMENT SIGNS
YES
C1, C2, LI, HI
18 SQ. FT.
3 FEET
1 PER LOT
15 FEET FROM CURB OR EDGE OF PUBLIC STREET
YES
C1, C2, LI, HI
15% OF WALL
YES
C1, C2, LI, HI
10%OF WALL
3 FEET ABOVE BUILDING ROOF 3 FEET ABOVE BUILDING ROOF
15%PER WALL 10% PER WALL
YES
SF, MF, MH
1 SQ. FT.
N/A
N/A
C1, C2, LI, HI
3 SQ. FT.
2.5 FEET
YES
C1, C2, LI, HI
10 SQ. FT.
N/A
NO
C1, C2, LI, HI
N/A
N/A
TOP OF ROOF EAVE
N/A
NO
N/A
N/A
N/A
N/A
STATE REQUIREMENTS
NO
C1, C2, LI, HI, MF, AO
32 SQ. FT.
10 FEET
1 PER STREET FRONTAGE
15 FT FROM CURB or EDGE OF PUBLIC STREET
NO
SF, MF, MH, AO
10 SQ. FT.
4 FEET
1 PER LOT
15 FT FROM CURB or EDGE OF PUBLIC STREET
NO
ALL
N/A
N/A
N/A
N/A
NO
ALL
2 SQ. FT.
N/A
N/A
N/A
NO
C1, C2, LI, HI
N/A
TOP OF ROOF OR EAVE
N/A
N/A
WALL SIGNS WALL SIGN w/o POLE SIGN WALL SIGN w/ POLE SIGN RESIDENTIAL WALL SIGN
SECONDARY SIGNS DIRECTIONAL YES SIGNS READER BOARD
TW O TW O
N/A N/A N/A
PROPERTY LINE N/A
TEMPORARY SIGNS BANNERS POLITICAL SIGNS COMMERCIAL REAL ESTATE / LEASING SIGNS RESIDENTIAL REAL ESTATE / LEASING SIGNS FLAGS GARAGE SALE SIGNS DECORATIVE PENNANTS
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Table 4-10-A ON-PREMISE FREE-STANDING SIGNS/COMMERCIAL AND INDUSTRIAL ZONES VEHICULAR SPEED SUBJECT TO POSTED LIMITS UNDER 35 MILES PER HOUR 10 FEET OF ADDITIONAL HEIGHT MAY BE ADDED FOR EVERY 50 FEET OF SETBACK FROM FRONT PROPERTY LINE, FOR PROPERTY LOCATED ALONG INTERSTATE 20 OR PROPERTIES LOCATED WITHIN 1320 FEET OF INTERSTATE 20
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Table 4-10-B ON-PREMISE FREE-STANDING SIGNS/COMMERCIAL AND INDUSTRIAL ZONES VEHICULAR SPEED SUBJECT TO POSTED LIMITS BETWEEN 35 AND 55 MILES PER HOUR 10 FEET OF ADDITIONAL HEIGHT MAY BE ADDED FOR EVERY 50 FEET OF SETBACK FROM FRONT PROPERTY LINE, FOR PROPERTY LOCATED ALONG INTERSTATE 20 OR PROPERTIES LOCATED WITHIN 1320 FEET OF INTERSTATE 20
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Table 4-10-C ON-PREMISE FREE-STANDING SIGNS/COMMERCIAL AND INDUSTRIAL ZONES VEHICULAR SPEED SUBJECT TO POSTED LIMITS ABOVE 55 MILES PER HOUR 10 FEET OF ADDITIONAL HEIGHT MAY BE ADDED FOR EVERY 50 FEET OF SETBACK FROM FRONT PROPERTY LINE, FOR PROPERTY LOCATED ALONG INTERSTATE 20 OR PROPERTIES LOCATED WITHIN 1320 FEET OF INTERSTATE 20
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SECTION 5. OFF-STREET PARKING AND LOADING REQUIREMENTS 5.1
General Intent and Application These parking regulations set minimum standards for off street parking for all Districts. Each land use activity creates specific needs for safe and adequate parking areas. The basis of the regulations reflects these parking demands. The parking regulations apply to all zoning districts unless other wise specified. No off-street parking shall be permitted in the required front or exterior side yard area of any “SF” or “MF” District. Parking spaces and driveways will be paved with a sealed surface (concrete/asphalt) pavement and maintained so that no dust will be produced.
5-2
Residential Parking: (a) All residential dwelling units, regardless of district, will provide two (2) vehicle parking spaces. Each space, enclosed, or unenclosed, will be not less than ten feet (10') by eighteen feet (18') sufficient in size to store one automobile. Each parking space will connect by a driveway to a street or alley. (b) Single and two family dwelling units (SF, MF, and MH) will provide a double width driveway for each dwelling unit as the connecter to the street or alley. (c) Two-four family and multiple family dwellings in the MF Districts will maintain two (2) parking spaces on the lot for each dwelling unit in the building. Each space will be connected by a driveway to a street or alley.
5-3
Joint Parking Facilities: (a) Whenever two (2) or more uses are located together in a common building, shopping center, or other integrated building complex, the parking requirements may be met by providing a permanent common parking facility cooperatively established and operated, which contains the required number of spaces for each use. The total number of spaces provided cannot be less than the sum of the individual requirements. (b) If the use of any building or premises is not specifically mentioned herein, the parking space provisions for a similar use listed in this section shall apply. If no similar use is listed the Planning & Zoning Board shall determine the parking space requirements for said use subject to approval by the City Commission.
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(c) For each permissible use hereinafter stated or implied in all other districts, unless served (or ever having been served) by parking meters, parking spaces will be provided on the property or on a site within three hundred (300') feet from the principal use property. (d) Parking Spaces in all districts, for every industrial, commercial, institutional, recreational, residential, or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, or at the time any other use is established, off-street parking spaces for automobiles in accordance with the requirements set forth in ARTICLE II, SEC. 1. 5-4
Parking Space Dimensions and Access (a) For off street parking requirements, reference Article II, Section 1.2 Permitted Use, (b) For off street parking layout, design and accessible parking standards, reference Table I. (c) When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement. (d) A private walk, if provided adjacent to a business building, shall be not less than five (5) feet in width and shall be in addition to the minimum requirement for parking and maneuvering space herein required. (e) Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this Ordinance, said off-street parking shall comply with the minimum requirements for parking and maneuvering space as specified in Table I. Off Street Parking Layout (f) For any new use, building or structure, where the required off-street parking cannot be provided on the premises because of the size or location of the lot, such parking may be provided on other property not more than four hundred (400) feet in distance from the building site.
5-5
Loading Spaces: In any district, for every building or part thereof hereafter erected with a minimum gross floor area of ten thousand (10,000) square feet, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution of vehicles or material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one (1) off-street loading space, plus one (1) additional such loading space for each additional twenty thousand (20,000) square feet, or major fraction thereof.
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5-6
Loading Dimensions and Access: (a) Each loading space shall not be less than ten (10) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height. (b) No such space shall be located nearer than fifty (50) feet to any lot in any residential district, unless wholly within an enclosed building or unless effectively screened on each side which faces said districts by a wall or fence of not less than eight (8) feet in height.
5-7
Exceptions: In the “C1” District, where a zoning lot was in existence as of the effective date of this Ordinance and where such lot does not abut an alley, the Board of Adjustment, on application and after concluding that undue hardship would result from the literal application of this Section, may waive or modify any of the provisions thereof. TABLE I OFF STREET PARKING LAYOUT
MINIMUM PARKING AREA REQUIREMENTS FOR TYPICAL PARKING ANGLES NOTE: All Parking Stalls for Angle Parking are 18’ Long. All Dimensions are expressed in feet. SUM: AISLE PLUS 2 PARKING LANES curbto-aisle
SUM: 2 OVERLAPPING LANES
CURB LENGTH FOR “N” NUMBER OF CARS
PARKING ANGLE
STALL WIDTH
PARKING LANE AISLE DEPTH WIDTH Curb-To-aisle
0° (Parallel)
a 9'
10.0'
12.0'
32.0'
b
N x 23
30°
9'
17.7'
12.0'
47.4'
38.7'
2.32 + (N x 20)
45°
9'
19.2'
15.4'
53.8'
46.8'
7.07 + (N x 14.14)
60°
9'
20.3'
20.2'
60.8'
55.8'
7.11 + (N x 11.56)
90° (Right Angle)
9'
18.0'
26.0'
62.0'
b
N x 10
a Minimum stall width for parking spaces b Parking lanes do not overlap for parallel or right angle parking
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SECTION 6. HOME OCCUPATION REGULATIONS 6-1
Purpose: Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.
6-2
Special provisions for home occupations: (a) Home occupations shall be permitted as accessory use in single-family residential zoning districts provided that they comply with all restrictions herein; (b) The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street; (c) Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding 20 percent of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 500 square feet); (d) The occupation shall not employ more than one person who is not a member of the household in which the home occupation occurs; (e) Not more than two patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located; (f) The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities; (g) One commercial vehicle, capacity of one ton or less (according to the manufacturer's classification), may be used or parked (behind the front building line) on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback; (h) The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification;
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(i) There shall be no outside storage, including trailers, or outside display related to the home occupation use; (j) No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain; (k) The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district; (l) The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood; (m)The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means; (n) The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and (o) The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area. 6-3
Applicability of other regulations: Home occupations shall also be subject to any and all other provisions of local, State and/or Federal regulations and laws that govern such uses.
6-4
Uses allowed as home occupations: Subject to the provisions of Section 6-2 above, home occupations may include the following uses: (a) Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession; (b) Author, artist or sculptor; (c) Dressmaker, seamstress or tailor; (d) Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time; (e) Individual tutoring and home schooling; (f) Millinery;
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(g) Office facility of a minister, rabbi, priest or other clergyman; (h) Home crafts, such as rug weaving, model making, etc.; (i) Office facility of a salesman, sales or manufacturer's representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises; (j) Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine; (k) Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations; (l) Child Care Facility (see Definition in Article I, Section 2), in compliance with applicable State laws, which are incorporated herein by reference, with no more than six children; (m) Barber shop/beauty salon or manicure studio, provided that no more than one customer is served at a time; (n) Swimming lessons and water safety instruction, provided that such instruction involves no more than six pupils at any one time; and (o) Bed & Breakfast /Boarding House (see definition in Article I, Section 2), provided that no more than the number of guests that can be accommodated/served at a time in a maximum of ten guest rooms. 6-5
Uses prohibited as home occupations: Home occupations shall not, in any event, be deemed to include the following uses: (a) Animal hospitals or clinics, commercial stables, or kennels; (b) Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time; (a) Restaurants or on-premises food or beverage (including private clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;
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(b) Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business; (c) Office facility for a doctor, dentist, veterinarian or other medical-related profession; (d) On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this Ordinance, and except for occasional garage sales; (e) Commercial clothing laundering or cleaning; (f) Mortuaries or funeral homes; (g) Trailer, vehicle, tool or equipment rentals; (h) Repair shops or services, except as specifically provided in Section 6-4 above; (i) Drapery or furniture upholstery shops; (j) Antique, gift or specialty shops; (k) Repair shops for any items having internal combustion engines; and (l) Any use that would be defined by the building code, as an Assembly, factory/industrial, hazardous, institutional or mercantile occupancy. 6-6
Home occupation uses not classified: (a) Any use that is not either expressly allowed nor expressly prohibited by Sections 6-4 and 6-5, respectively, is considered prohibited, unless and until such use is classified by amendment to this Ordinance by the Eastland City Commission, subsequent to an affirmative recommendation by the planning and zoning board.
6-7
Effect of section 6 upon existing home occupations: (a) Any home occupation that was legally in existence as of the effective date of this Ordinance and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of Section 9 provided that the owner/proprietor of such home occupation register his/her business with the city within 90 days of the effective date of this Ordinance, and provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this Ordinance shall be required upon registration.
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(b) Any home occupation that was legally in existence as of the effective date of this Ordinance and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the city as described in Subsection (a) above.
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SECTION 7. REGULATION OF SEXUALLY ORIENTED BUSINESSES Reserved for Ordinance Number 710-2006, regulation of sexually oriented business; adopted 06/23/06 Ordinance No. 710 Regulation of Sexually Oriented Business Table of Contents Sec. I Purpose and Findings. Sec. II Definitions. Sec. III Classification. Sec. IV License Required. Sec. V Issuance of License. Sec. VI Fees. Sec. VII Inspection. Sec. VIII Expiration of License; Denial of Renewal. Sec. IX Suspension. Sec. X Revocation. Sec. XI Judicial Review. Sec. XII No Transfer of License. Sec. XIII Location Restrictions Sec. XIV Non-Conforming Uses; Amortization. Sec. XV Additional Regulations for Adult Motels. Sec. XVI Additional Regulations For Escort Agencies. Sec. XVII Additional Regulations For Nude Model Studios Sec. XVIII Additional Regulations Concerning Public Nudity Sec. XIX Regulations Pertaining to Exhibition of Sexually Explicit Films and Videos. Sec. XX Exterior Portions of Sexually Oriented Businesses. Sec. XXI Signage. Sec. XXII Sale, Use, or Consumption of Alcoholic Beverages Prohibited. Sec. XXIII Persons Younger Than Eighteen Prohibited From Entry; Attendant Required. Sec. XXIV Massages or Baths Administered by Person of Opposite Sex. Sec. XXV Hours of Operation Sec. XXVI Exemptions. Sec. XXVII Notices. Sec. XXVIII Injunction. Sec. XXIX Separability. Sec. XXX Conflicting Ordinances Repealed. Sec. XXXI Effective Date. City of Eastland P & Z Ordinance / 03-07
70 74 78 78 83 86 86 86 86 87 88 88 88 89 89 90 90 90 91 92 93 94 94 94 94 95 95 95 96 96 96 Page 69
SECTION I. Purpose and Findings. (A)
Purpose. It is the purpose of this ordinance to regulate sexually oriented businesses and related activities to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene materials.
(B)
Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the City Commission, and on findings incorporated in the cases of City of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books, Inc., 478 U.S. 697, (1986); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); United States v. O’Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir.1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.1986); Hang On, Inc. v. City of Arlington,, 65 F.3d 1248 (5th Cir.1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir.1984); and N.W. Enterprises v. City of Houston, 27 F.Supp. 2d 754 (S.D. Tex.1998)), as well as studies conducted in other cities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and findings reported in the Final Report of the Attorney General’s Commission on Pornography (1986), the Report of the Attorney General’s Working Group On the Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the City Commission finds that: (1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on their premises. (2) Crime statistics show that all types of crimes, especially sex-related crimes, occur
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with more frequency in neighborhoods where sexually oriented businesses are located. (3) Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows. (4) Offering and providing such booths and/or cubicles encourages such activities, which creates unhealthy conditions. (5) Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses, for the purpose of engaging in sex within the premises of such sexually oriented businesses. (6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections, and shigella infections. (7) As of December, 2004, the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (HIV) was 944,305. (8) As of December, 2004 there have been 3,298 reported cases of AIDS in the State of Texas. (9) The total number of cases of genital chlamydia trachomatis infections in the United States reported in 2000 was 702,093, a 6% increase over the year 1999. (10) The total number of cases of early (less than one year) syphilis in the United States reported during the twelve year period 1996-2000 was 212,672. (11) The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of 1,730,911 cases reported during the period 19962000. (12) The surgeon general of the United States in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug use, exposure to infected blood and blood components, and from an infected mother to her newborn. (13) According to the best scientific evidence available, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. (14) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and operators of the facilities to self-regulate those activities and maintain those facilities. City of Eastland P & Z Ordinance / 03-07
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(15) Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of sexually oriented businesses where persons view “adult” oriented films. (16) Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity. (17) Nude dancing in adult establishments increases the likelihood of drug-dealing and drug use. (18) Alcohol consumption in adult establishments increases the likelihood of crime, illegal drug use, and illegal sexual activity, and encourages undesirable behavior that is not in the interest of the public health, safety, and welfare. (19) The findings noted in paragraphs numbered (1) through (18) raise substantial governmental concerns. (20) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. (21) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of sexually oriented businesses. Further, such licensing procedure will place a heretofore non-existent incentive on operators to see that the sexually oriented business is run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein. (22) Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult establishments. (23) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity. (24) It is desirable, in the prevention of crime and the spread of communicable diseases, to obtain a limited amount of information regarding certain employees who may engage in the conduct this ordinance is designed to prevent, or who are likely to be witnesses to such activity.
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(25) The fact that an applicant for a sexually oriented business license has been convicted of a sex-related crime leads to the rational assumption that the applicant may engage in that conduct in contravention to this ordinance. (26) The barring of such individuals from operation or employment in sexually oriented businesses for a period of five (5) years for a previous felony conviction serves as a deterrent to further criminal conduct, and prevents conduct which leads to the transmission of sexually transmitted diseases. (27) The general welfare, health, morals, and safety of the citizens of this City will be promoted by enactment of this ordinance. (28) When more than one sexually oriented business use occupies the same location or business address, the secondary effects caused by such businesses are increased. Secondary effects are eliminated or controlled to a greater degree when only a single sexually oriented business use is allowed to occupy the same location.
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SECTION II. Definitions. Adult Arcade: means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas. Adult Bookstore or Adult Video Store: means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas;" or (b) instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities." A principal business purpose exists if materials offered for sale or rental depicting or describing "specified sexual activities" or "specified anatomical areas" generate 20% or more of the business’s income, or account for 20% or more of inventory, or occupy 20% or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as Adult Bookstore or Adult Video Store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Book Store or Adult Video Store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas." Adult Cabaret: means a nightclub, bar, restaurant, café, or similar commercial establishment that regularly, commonly, habitually, or consistently features: (a) persons who appear in a state of nudity or semi-nudity; or (b) live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or (c) films, motion pictures, video cassettes, slides, photographic reproductions, or other image producing devices that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or (d) persons who engage in “exotic” or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. Adult Motel: means a hotel, motel or similar commercial establishment that: (a) offers accommodation to the public for any form of consideration and provides City of Eastland P & Z Ordinance / 03-07
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patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or (b) offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours, or (c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty-four (24) hours Adult Motion Picture Theater: means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult Theater: means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Director: means the chief of police and such employee(s) of the police department as he may designate to perform the duties of the director under this ordinance. Employee: means a person who performs any service on the premises of a sexually oriented business on a full time, part time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the said person is paid a salary, wage, or other compensation by the operator of said business. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does “employee” include a person exclusively on the premises as a patron or customer. Escort: means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort Agency: means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. Establishment: means and includes any of the following: (a) the opening or commencement of any sexually oriented business as a new business: (b) the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (c) the additions of any sexually oriented business to any other existing sexually oriented business; or City of Eastland P & Z Ordinance / 03-07
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(d) the relocation of any sexually oriented business; or (e) a sexually oriented business or premises on which the sexually oriented business is located. Licensed Day-Care-Center: means a facility licensed by the State of Texas, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers. Licensee: means a person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
Live Theatrical Performance: means a play, skit, opera, ballet, concert, comedy, or musical drama. Nude Model Studio: means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration. Nudity or a State of Nnudity means the appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered. Person: means an individual, proprietorship, partnership, corporation, association, or other legal entity. Premises: means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to Section IV of this ordinance; Semi-Nude or Semi Nudity: means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part. Sexual Encounter Center: means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: (a) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or City of Eastland P & Z Ordinance / 03-07
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(b) activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity. A principal business purpose exists if the services offered are intended to generate business income. Sexually Oriented Business: means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Specified Anatomical Areas: means: (a) the human male genitals in a discernibly turgid state, even if fully and opaquely covered; (b) less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola. Specified Criminal Activity: means any of the following offenses: (a) prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sexrelated offenses to those described above under the criminal or penal code of this state, other states, or other countries. (b) for which: (1) less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (2) less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; (3) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period; (c) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. Specified Sexual Activities: means and includes any of the following: (a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered; (b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; City of Eastland P & Z Ordinance / 03-07
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(c) masturbation, actual or simulated; or (d) excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. Substantial Enlargement: of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five (25%) percent, as the floor areas existed on July 1st, 2006. Transfer of Ownership or Control:of a sexually oriented business means and includes any of the following: (a) the sale, lease, or sublease of the business; (b) the transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or (c) the establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. SECTION III. Classification. Sexually oriented business uses are classified as either non-live entertainment, or live entertainment, as follows: (1) Non-live entertainment shall include: (a) adult arcades; or (b) adult bookstores or adult video stores; or (c) adult motels; or (d) adult motion picture theaters. (2) Live entertainment shall include: (a) adult theaters; or (b) adult cabarets; or (c) escort agencies; or (d) nude model studios; or (e) sexual encounter centers. SECTION IV. License Required. (A) It shall be unlawful: (1) For any person to operate a sexually oriented business without a valid sexually oriented business operator’s license (“operator’s license”) issued by the Director pursuant to this ordinance; or (2) For any person who operates a sexually oriented business to employ a person to work and/or perform services on the premises of the sexually oriented business, if such employee is not in possession of a valid sexually oriented business employee license (“employee license”) issued to such employee by the Director pursuant to this ordinance; or City of Eastland P & Z Ordinance / 03-07
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(3) For any person to obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee license issued to such person by the Director pursuant to this ordinance. (4) It shall be a defense to subsections (2) and (3) of this Section if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises. Violation of any provision within this Subsection shall constitute a misdemeanor. (B) An application for a sexually oriented business operator’s license must be made on a form provided by the City. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Prior to issuance of an operator’s license, the premises must be inspected by the police department, fire department, and zoning department. Prior inspection by the police department shall be required only when the provisions set forth in Sections XIX and/or XVIII are applicable. (C) An application for a sexually oriented business employee license must be made on a form provided by the City.
(D) All applicants for a license must be qualified according to the provisions of this ordinance. The application may request, and the applicant shall provide, such information reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established under this ordinance. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed. (E) If a person who wishes to own or operate a sexually oriented business is an individual, he must sign the application for an operator’s license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten (10%) percent or greater interest in the business must sign the application for an operator’s license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator’s license as applicant. (F) Applications for an operator’s license, whether original or renewal, must be made to the Director by the intended operator of the enterprise. Applications must be submitted to the office of the Director or the Director's designee during regular working hours. Application forms shall be supplied by the Director. The following information shall be provided on the application form: (1) The name, street address (and mailing address if different) of the applicant(s); (2) The applicant’s Social Security number and/or his/her state or federally issued tax identification number; (3) The name under which the establishment is to be operated and a general description of the City of Eastland P & Z Ordinance / 03-07
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services to be provided; (a) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state 1) the sexually oriented business’s fictitious name and 2) submit the required registration documents; (4) Whether the applicant has been convicted, or is awaiting trial on pending charges, of a “specified criminal activity” as defined in Section II, subsection (23), and, if so, the “specified criminal activity” involved, the date, place, and jurisdiction of each; (5) Whether the applicant has had a previous license under this ordinance or other similar sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation; (6) Whether the applicant holds any other licenses under this ordinance or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses; (7) The single classification of license, as found in Section III, for which the applicant is filing; (8) The telephone number of the establishment (9) The address and legal description of the tract of land on which theestablishment is to be located; (10) If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the business license is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the business license is sought; (11) If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the business license). If the expected startup date is to be more than ten (10) days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same; (12) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Section XIX hereunder. (G) Each application for an operator’s license shall be accompanied by the following: (1) Payment of the application fee in full; (2) If the establishment is a [State of Texas ] corporation, a certified copy of the articles of incorporation, together with all amendments thereto; (3) If the establishment is a foreign corporation, a certified copy of the certificate of authority to City of Eastland P & Z Ordinance / 03-07
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transact business in this state, together with all amendments thereto; (4) If the establishment is a limited partnership formed under the laws of the State of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto; (5) If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto; (6) Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed; (7) If the persons identified as the fee owner(s) of the tract of land in item (6) is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business; (8) A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,500 feet of the property to be certified; and the property lines of any established religious institution/synagogue, school, public park or recreation area within 1,500 feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted; (9) Any of items (2) through (8) above shall not be required for a renewal application if the applicant states that the documents previously furnished to the Director with the original application or previous renewals thereof remain correct and current. (H) Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal, must be made to the Director by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the Director. Applications must be submitted to the office of the Director or the Director's designee during regular working hours. Each applicant shall be required to give the following information on the application form: (1) The applicant’s given name, and any other names by which the applicant is or has been known, including “stage” names and/or aliases; (2) Age, and date and place of birth; (3) Height, weight, hair color, and eye color; (4) Present residence address and telephone number; (5) Present business address and telephone number; (6) Date, issuing state, and number of photo driver’s license, or other state issued identification card information; (7) Social Security Number; and (8) Proof that the individual is at least eighteen (18) years old. The personal information provided in this subsection shall be confidential, and shall not be disclosed to the public except to the extent required by state or federal law.
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(I) Attached to the application form for any license under this ordinance shall be the following: (1) A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the police department. Any fees, for the photographs and fingerprints shall be paid by the applicant. (2) A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state, or country, has ever had any license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application. (3) A statement whether the applicant has, within the past five (5) years, been convicted, or is awaiting trial on pending charges, of a “specified criminal activity” as defined in Section II, subsection (23) and, if so, the “specified criminal activity” involved, the date, place and jurisdiction of each. (J) Every application for a license under this ordinance shall contain a statement under oath that: (1) The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and, (2) The applicant has read the provisions of this article. (K) A separate application and operator’s license shall be required for each sexually oriented business classification as set forth in Section III. (L) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business operator or employee license.
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SECTION V. Issuance of License. (A) Upon the filing of an application for a sexually oriented business employee license, the Director shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for investigation to be made on the information contained in the application. The application process shall be completed within thirty (30) days from the date of the completed application. After the investigation, the Director shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true: (1) The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form; (2) The applicant is under the age of eighteen (18) years; (3) The applicant has been convicted of a “specified criminal activity” as defined in Section II, subsection (23) of this ordinance; (4) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this ordinance; or (5) The applicant has had a sexually oriented business employee license revoked by the City within two (2) years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately rendered null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in subsection (I) of this Section. (B) A license issued pursuant to subsection (A) of this Section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. While engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request. (C) A license issued pursuant to subsection (A) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any “specified criminal activity” as defined in this ordinance, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section VI. Non-renewal of a license shall be subject to appeal as set forth in subsection (I) of this Section. (D) If application is made for a sexually oriented business operator’s license, the Director shall approve or deny issuance of the license within thirty (30) days of receipt of the completed application. The Director shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true: (1) An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form; City of Eastland P & Z Ordinance / 03-07
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(2) An applicant is under the age of eighteen (18) years; (3) An applicant has been denied a license by the City to operate a sexually oriented business within the preceding twelve (12) months, or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months; (4) An applicant is overdue in payment to the City for taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to the sexually oriented business for which license is sought, or the property on which the sexually oriented business is located or will be located; (5) An applicant has been convicted of a “specified criminal activity” as defined in Section II, subsection (23); (6) The premises to be used for the sexually oriented business have not been approved by the police department, fire department, and zoning department as being in compliance with applicable laws and ordinances, if such approval is required under other sections of this ordinance; (7) The license fee required under this ordinance has not been paid; (8) An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this ordinance. (E) A license issued pursuant to subsection (D) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the Section III classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. (F) If so required under other sections of this ordinance, the police department, fire department, and zoning department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the Director. The certification shall be promptly presented to the Director. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in subsection D. In the event the Director fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business. (G) A sexually oriented business license shall issue for only one classification, as set forth in Section III. (H) In the event that the Director determines that an applicant is not eligible for a sexually oriented operator’s license, the applicant shall be given notice in writing of the reasons for the denial within thirty (30) days of the receipt of the completed application by the Director, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this ordinance. (I) An applicant may appeal the decision of the Director regarding a denial to the City Commission by filing a written notice of appeal with the city secretary within ten (10) days after service of notice upon the applicant of the Director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in City of Eastland P & Z Ordinance / 03-07
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support thereof. The Director may, within fifteen (15) days of service upon him of the applicant’s memorandum, submit a responsive memorandum to the City Commission. The City Commission shall hear any appeal of a denial of a permit or renewal permit at a public hearing and render a decision within thirty days of receiving the notice of appeal. Notice of the public hearing shall appear in at least one newspaper of general circulation in the city, including the time, date, and place of the hearing, once a week for two weeks immediately preceding the hearings. The applicant shall have the opportunity to present information, evidence, and testimony to the City Commission during such hearing. After reviewing the record on appeal, the City Commission shall vote either to uphold or overrule the Director’s decision. The status quo immediately prior to denial of the license shall be maintained during the pendency of the appeal. Judicial review of a denial by the Director and City Commission may be made pursuant to Section XI of this ordinance. The status quo shall continue to be maintained during the pendency of judicial review. (J) A license issued pursuant to subsection (D) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any “specified criminal activity” as defined in this ordinance, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section VI.
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SECTION VI. Fees. The annual fee for a sexually oriented business operator’s license, whether new or renewal, is Five Hundred ($500.00) Dollars. The annual fee for a sexually oriented business employee license, whether new or renewal, is Fifty ($50.00) Dollars. These fees are to be used to pay for the cost of the administration and enforcement of this ordinance.
SECTION VII. Inspection. (A) The City shall regularly inspect the premises of the sexually oriented business in order to ensure compliance with the provisions of this ordinance. An applicant or licensee shall permit representatives of the Police Department and/or Fire Department to inspect the premises at any time the establishment is open for business. Such inspection shall be limited to visual assessment of the activities conducted in areas to which patrons have access or are allowed access; to requests for inspection of the licenses required under this ordinance; and to requests for identification of those individuals who reasonably appear to be under the age of 18. (B) A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he/she refuses to promptly permit such lawful inspection of the premises. SECTION VIII. Expiration of License; Denial of Renewal. (A) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section IV. Application for renewal should be made at least thirty (30) days before the expiration date. When application is made less than thirty (30) days before the expiration date, the expiration of the license will not be affected. (B) When the Director denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. Notwithstanding the provisions of this section, in the event a licensee appeals the non-renewal of a license, the status quo immediately prior to non-renewal shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in Section XI.
SECTION IX. Suspension. The Director shall suspend a license for a period not to exceed thirty (30) days if he determines that licensee or an employee of licensee has: (1) violated or is not in compliance with any section of this ordinance; (2) operated or performed services in a sexually oriented business while intoxicated by the use of alcoholic beverages or controlled substances; City of Eastland P & Z Ordinance / 03-07
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(3) refused to allow prompt inspection of the sexually oriented business premises as authorized by this ordinance; (4) with knowledge, permitted gambling by any person on the sexually oriented business premises. A licensee may appeal the revocation of a license to the City Commission in accordance with the procedure set forth in Section V(I). Notwithstanding any other provisions of this section, in the event a licensee appeals the suspension of a license, the status quo immediately prior to suspension shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in Section XI. SECTION X. Revocation. (A) The Director shall revoke a license if a cause of suspension in Section IX occurs and the license has been suspended within the proceeding twelve (12) months. (B) The Director shall revoke a license if he determines that: (1) a licensee gave materially false or misleading information in the material submitted during the application process; (2) a licensee was convicted of a “specified criminal activity” on a charge that was pending prior to the issuance of the license; (3) a licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises; (4) a licensee has, with knowledge, permitted the sale, use, or consumption of alcoholic beverages on the premises; (5) a licensee has, with knowledge, permitted prostitution on the premises; (6) a licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee's license was suspended; (7) a licensee has, with knowledge, permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises; (8) a licensee is delinquent in payment to the City or State for any taxes, fees, fines, or penalties relating to the sexually oriented business or the premises thereon; (9) a licensee has, with knowledge, permitted a person under eighteen (18) years of age to enter or remain in the establishment; or (10) a licensee has attempted to sell his business license, or has sold, assigned, or transferred ownership or control of the sexually oriented business to a non-licensee of the establishment; (11) A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the sexually oriented business. (C) When the Director revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a license for one (1) year from the date revocation became effective. A licensee may appeal the revocation of a license to the City Commission in accordance with the procedure set forth in Section V(I). Notwithstanding any other provisions of this section, in the event the licensee appeals the revocation of a license, the status quo immediately prior to revocation shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in Section XI. City of Eastland P & Z Ordinance / 03-07
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SECTION XI. Judicial Review. Within fourteen (14) days of a denial of an initial or renewal application by the Director and City Commission, or suspension or revocation of a license by the Director, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. Upon notification by summons of the filing of a complaint seeking judicial review of the City’s administrative action, the City shall transmit the record of the administrative action to the court no later than five (5) business days after receipt of said summons, and shall answer the complaint no later than ten (10) days after receipt of the summons. In addition, the City shall submit its response brief within fourteen (14) days of receipt of the petitioner’s brief. The administrative action shall then be promptly reviewed by the court. SECTION XII. No Transfer of License. (A) A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application and set forth in the operator’s license. (B) An operator’s license shall not be transferable from one location to another.
SECTION XIII. Location Restrictions Sexually oriented businesses shall be permitted in any commercial district provided that: (A) the sexually oriented business may not be operated within: (1) 1,500 feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities; (2) 1,500 feet of a public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education school, junior colleges, and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school; (3) 1,500 feet of a public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas, or other similar public land within the village which is under the control, operation, or management of the village park and recreation authorities; (4) 1,500 feet of the property line of a lot zoned for residential use and devoted to a residential use as defined in the zoning code; or (5) 1,500 feet of another sexually oriented business. (B) A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business that is classified in accordance with Section III. City of Eastland P & Z Ordinance / 03-07
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(C) For the purpose of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot, or licensed day care center. (D) For purposes of subsection (C) of this section, the distance between any two sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (E) A sexually oriented business may not be operated in the same building, structure, or portion thereof, formerly operated as a gasoline service station unless the associated service station site improvements, i.e., gasoline pump islands, canopies, freestanding car washes, including all signage relating to the sale of gasoline, have been removed from a site where the sale of gasoline has been discontinued for a period of six (6) months. Underground storage tanks shall be removed or abandoned in place per Sections 3404.2.13.1.3 and 3403.2.13.1.4 of the 2000 International Fire Code.
SECTION XIV. Non-Conforming Uses; Amortization. (A) Any business lawfully operating on the effective date of this ordinance that is in violation of the locational or structural configuration requirements of this ordinance shall be deemed a nonconforming use. The non-conforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operated at a particular location is the conforming use and the later-established business(es) is non-conforming. (B) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, public park, or residential district within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after an operator’s license has expired or has been revoked.
SECTION XV. Additional Regulations for Adult Motels. (A) Evidence that a sleeping room in a hotel, motel, or a similar commercial enterprise has been rented and vacated two or more times in a period of time that is less than ten (10) hours creates a City of Eastland P & Z Ordinance / 03-07
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rebuttable presumption that the enterprise is an adult motel as that term is defined in this chapter. (B) It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel, or similar commercial enterprise that does not have a sexually oriented business license, rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.
(C) For purposes of subsection (B) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. (D) Violation of subsection (B) of this Section shall constitute a misdemeanor.
SECTION XVI. Additional Regulations For Escort Agencies. (A) An escort agency shall not employ any person under the age of 18 years. (B) A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years. (C) Violation of this Section shall constitute a misdemeanor. SECTION XVII. Additional Regulations For Nude Model Studios (A) A nude model studio shall not employ any person under the age of 18 years. (B) A person under the age of 18 years commits a misdemeanor if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to the public view or visible by any other person. (C) A person commits a misdemeanor if the person appears in a state of nudity, or with knowledge, allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way. (D) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
SECTION XVIII. Additional Regulations Concerning Public Nudity (A) It shall be a misdemeanor for a person who, with knowledge and intent, appears in person in a nude or semi-nude condition in a sexually oriented business, unless the person is an employee who, while nude or semi-nude, is at least ten (10) feet from any patron or customer, and on a stage raised City of Eastland P & Z Ordinance / 03-07
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at least two (2) feet from the floor. (B) It shall be a misdemeanor for an employee, while nude or semi-nude, to solicit any pay or gratuity from any patron or customer on the sexually oriented business premises, or for any patron or customer to pay or give any gratuity to any employee, while said employee is nude or semi-nude on the sexually oriented business premises. (C) It shall be a misdemeanor for an employee, while nude or semi-nude, to touch a patron or the clothing of a patron, or for a patron to touch a nude or semi-nude employee or the clothing of a nude or semi-nude employee, while the employee is on the sexually oriented business premises. SECTION XIX. Regulations Pertaining to Exhibition of Sexually Explicit Films and Videos. (A) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, DVD, or other video reproduction, that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6") inches. The Director may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since said diagram was prepared. (2) The application shall be sworn to be true and correct by the applicant. (3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the Director or his designee. (4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. (5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. City of Eastland P & Z Ordinance / 03-07
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(6) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (5) of this section remains unobstructed at all times. No doors, walls, partitions, curtains, merchandise, display racks, or other object(s) shall obstruct from view of the manager’s station any portion of the premises to which patrons have access. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to subsection (1) of this section. (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot-candle as measured at the floor level. (8) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises. (9) No viewing room or booth may be occupied by more than one person at any time. (10) No opening of any kind shall exist between viewing rooms or booths. (11) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no more than one person at a time occupies a viewing booths or rooms, and to ensure that no person attempts to make an opening of any kind between the viewing booths or rooms. (12) The operator of the sexually oriented business shall, each business day, inspect the walls between the viewing booths to determine if any openings or holes exist. (13) The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting. (14) The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty eight (48") inches of the floor. (B) A person having a duty under Subsections (1) through (14) of this Section commits a misdemeanor if he/she, with knowledge, fails to fulfill that duty.
SECTION XX. Exterior Portions of Sexually Oriented Businesses. (A) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment. (B) It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this ordinance.
(C) It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior City of Eastland P & Z Ordinance / 03-07
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portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met: (1) The establishment is a part of a commercial multi-unit center; and (2) The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center. (D) Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business. (E) A violation of any provision of this Section shall constitute a misdemeanor. SECTION XXI. Signage. (A) Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one (1) primary sign and one (1) secondary sign, as provided herein. (B) Primary signs shall have no more than two (2) display surfaces. Each such display surface shall: (1) not contain any flashing lights; (2) be a flat plane, rectangular in shape; (3) not exceed seventy-five (75) square feet in area; and (4) not exceed ten (10) feet in height or ten (10) feet in length. (C) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise. (D) Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color. (E) Secondary signs shall have only one (1) display surface. Such display surface shall: (1) be a flat plane, rectangular in shape; (2) not exceed twenty (20) square feet in area; (3) not exceed five (5) feet in height and four (4) feet in width; and (4) be affixed or attached to any wall or door of the enterprise. (F) The provisions of item (1) of subsection (B) and subsection (C) and (D) shall also apply to secondary signs. (G) Violation of any provision of this Section shall constitute a misdemeanor. City of Eastland P & Z Ordinance / 03-07
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SECTION XXII. Sale, Use, or Consumption of Alcoholic Beverages Prohibited. (A) The sale, use, or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited. (B) Any violation of this Section shall constitute a misdemeanor. SECTION XXIII. Persons Younger Than Eighteen Prohibited From Entry; Attendant Required. (A) It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business. (B) It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business’s regular business hours. It shall be the duty of the attendant to prohibit any person under the age of eighteen (18) years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless such attendant asked for and was furnished:
(1) a valid operator's, commercial operator's, or chauffeur's driver's license; or (2) a valid personal identification certificate issued by the State of Texas reflecting that such person is eighteen (18) years of age or older. (C) Violation of this Section shall constitute a misdemeanor. SECTION XXIV. Massages or Baths Administered by Person of Opposite Sex. It shall be unlawful for any sexually oriented business, regardless of whether in a public or private facility, to operate as a massage salon, massage parlor or any similar type business where any physical contact with the recipient of such services is provided by a person of the opposite sex. Violation of this Section shall constitute a misdemeanor. SECTION XXV. Hours of Operation No sexually oriented business, except for an adult motel, may remain open at any time between the hours of ten o’clock (10:00) P.M. and eleven o’clock (11:00) A.M. on weekdays and Saturdays. No sexually oriented business shall open for business or remain open for business on Sunday or any legal holiday recognized by the State of Texas. City of Eastland P & Z Ordinance / 03-07
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SECTION XXVI. Exemptions. (A) It is a defense to prosecution under this ordinance that a person appearing in a state of nudity did so in a modeling class operated: (1) by a proprietary school, licensed by the State of Texas, a college, junior college, or university supported entirely or partly by taxation; (2) by a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. (B) Notwithstanding any other provision in this ordinance, movies rated G, PG, PG-13, or R, by the Motion Picture Association of America (MPAA), or live theatrical performances with serious artistic, social, or political value, that depict or describe specified anatomical areas or specified sexual activities, are expressly exempted from regulation under this ordinance. SECTION XXVII. Notices. (A) Any notice required or permitted to be given by the Director or any other city office, division, department or other agency under this ordinance to any applicant, operator or owner of a sexually oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or any notice of address change that has been received by the Director. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the Director or his designee shall cause it to be posted at the principal entrance to the establishment. (B) Any notice required or permitted to be given to the Director by any person under this ordinance shall not be deemed given until and unless it is received in the office of the Director. (C) It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the Director in writing of any change of residence or mailing address.
SECTION XXVIII. Injunction. A person who operates or causes to be operated a sexually oriented business without a valid operator’s license, or in violation of Section XIII of this ordinance, is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.
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SECTION XXIX. Separability. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION XXX. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION XXXI. Effective Date. This ordinance shall be enforced 07/02/06 and after.
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SECTION 8. SPECIFIC USE REGULATIONS 8-1
Specific Use Permits: The City Commission, after public hearing and proper notice to all parties affected, in accordance with the notice procedures, and after recommendation by the Planning and Zoning Board, may authorize the issuance of "Specific Use Permits" for the uses indicated in ARTICLE II, SEC.1.PERMITTED USES. The Planning and Zoning Board, in considering and determining their recommendation, or the City Commission in considering any request for a Specific Use Permit, may require from the applicant plans and/or pertinent information concerning the location, function, and characteristics of any use proposed. The City Commission may, in the interest of assuring compliance with the intent and purposes of this Ordinance, establish conditions of operation with respect to any use for which a permit is authorized. In authorizing the location of any of the uses listed, the City Commission may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise, vibration, dust, dirt, smoke, fumes, odor, explosion, glare, waste, offensive view or other undesirable or hazardous conditions.
8-2
Planned Unit Development: When the Planning and Zoning Board is petitioned by the owner of a tract of land comprising an area of not less than ten (10) acres for a change in zoning from an existing classification to a more intense use, or mixed uses, and whereby the provisions for off-street parking, screening walls, fences or planting and open spaces would create a protective transition between lesser and a more restricted district, the Planning and Zoning Board may recommend to the City Commission one of the following: (a) Recommend against the change in zoning. (b) Recommend a change in zoning to “PD” for the entire tract following review and public hearing. Recommendations regarding a change in zoning to “PD” shall be based upon review of a comprehensive site plan, building layout, requirements for the paving of streets, alleys, and sidewalks, means of ingress and egress to public streets, provisions for drainage, open space, and location of all public utilities. A planned unit development granted shall be considered as an amendment to the Zoning Ordinance as applicable to such property. In granting such change, the City Commission may impose conditions (including time limits) which shall be complied with by the developer before the building or property may be used for such purposes as approved in the Planned Development Classifications.
8-3
Special Exceptions/Temporary Uses: The City Commission, upon recommendation from the Planning and Zoning Board, may grant special exceptions of a temporary nature in any district, and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the Land Use Plan and to conserve and protect property and property values in the neighborhood.
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SECTION 9. NONCONFORMING USE AND STRUCTURES 9-1
Intent of provisions: A. Within the districts established by this Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of the Ordinance are met. B. It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. C. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
9-2
Nonconforming status: A. Any use, platted lot or structure which does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in Subsection "C" below, shall be deemed a nonconforming use, platted lot or structure provided that: 1.
Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior Zoning Ordinance; or
2.
Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior Zoning Ordinance; or
3.
Such use, platted lot or structure was in existence at the time of annexation into the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.
B. Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this Ordinance or any amendment hereto, and except as provided in Subsection "C" below, shall be deemed to be in violation of this Ordinance, and the city shall be entitled to enforce fully the terms of this Ordinance with respect to such use, platted lot or structure. C. The following types of platted lots shall be deemed in conformance with the provisions of this Ordinance, notwithstanding the fact that such lot does not meet the standards of this Ordinance in the district in which it is located:
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1. Any vacant lot that conformed to the city's zoning district regulations at the time that it was platted; or 2. Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located. D. A lot of record that is nonconforming may be occupied by a single-family dwelling. 9-3
Continuing lawful use of land and structures: A. A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created. B. A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.
9-4
Abandonment of nonconforming uses and structures, and cessation of use of structure or land: A. If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Ordinance, as amended, and with any other applicable city codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied. B. A nonconforming use or structure shall be deemed "abandoned" in the following circumstances: 1. The use ceases to operate for a continuous period of six months (i.e., 180 calendar days); 2. The structure remains vacant for a continuous period of six months (i.e., 180 calendar days); or 3. In the case of a temporary use, the use is moved from the premises for any length of time; 4. Exemption: In the event the nonconforming use ceases because of the death of the owner of the property, the director of planning and development may extend the time periods set out in 1 and 2 above, up to 12 months so long as the estate of the deceased owner is being actively administered. C. The use of a structure that has a replacement cost of $1,000.00 or less, which does not conform to the provisions of this Ordinance, or any amendment thereto, shall be discontinued and the structure removed within six months (i.e., within 180 calendar days) following the effective date of this Ordinance, or amendment thereto. D. If the use of any lot, tract or property that does not have a building on it and that is used for animal lots, and/or open/outside storage as of the effective date of this Ordinance (or
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amendment thereto) is made nonconforming by this Ordinance (or amendment thereto), then such use shall cease within six months (i.e., 180 calendar days) following the effective date of this Ordinance (or amendment thereto). The lot, tract or property shall be cleaned up and all trash, debris, stored items, vehicles, livestock and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners. 9-5
Changing nonconforming uses: A. A nonconforming use shall not be changed to another nonconforming use. B. A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use. C. A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.
9-6
Expansion of nonconforming uses and structures: A. A nonconforming use may be extended throughout the structure in which it is located, provided that: 1. The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use; 2. No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and 3. The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming. B. A nonconforming use occupying a structure shall not be extended to occupy land outside the structure. C. A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Ordinance.
9-7
Reconstruction or repair of nonconforming structure: A. If more than 60 percent of the total appraised value, as determined by the Eastland County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this Ordinance.
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B. If less than 60 percent of the total appraised value, as determined by the Eastland County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within one year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the city manager (or his/her designee). C. If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in Subsection 9-6 above. D. Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this Ordinance. E. Nothing in this Ordinance shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds 50 percent of the structure's appraised value, as determined by the Eastland County Appraisal District. 9-8
Moving of nonconforming structure: No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated.
9-9
Nonconforming lots: Nothing in this Ordinance shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this Ordinance.
9-10 Right to proceed preserved: Nothing contained in this Section 9 is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to Texas Local Government Code Section 43.002, or Sections 245.001 to 245.006.
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ARTICLE III ADMINISTRATIVE PROCEDURES AND REQUIRED PERMITS SECTION 1. PLANNING AND ZONING BOARD A Planning and Zoning Board shall be organized, and shall have the powers and duties as specified herein. Organization and Membership: There shall be established a Planning and Zoning Board which shall consist of five (5) citizens of the City and an ex officio member who will be the City employee responsible for the planning and zoning activities of the City. The voting members of said Board shall be appointed by the Mayor with the approval of the City Commission for a term of three (3) years, which term shall be extended until a successor is appointed and qualified to serve on such Board. The Board shall elect a chairman from among its official members, and such other officers, as it may deem necessary. Appointees shall serve without compensation. A vacancy in an unexpired term shall be filled by the Mayor with the approval of the City Commission for the remainder of the term. Such Commission shall adopt rules for the practical and efficient transaction of business, and shall keep a record of its transactions, findings, and determinations, which record shall be a public record. Meetings shall be held upon the call of the Chairman. 1-2.
Powers and Duties: The Planning and Zoning Board shall: (a) Make, amend, extend, or add to a Land Use Plan for the physical development of the City, which shall contain the Board's recommendations for growth, improvement, and beautification of the City. (b) Recommend to the City Commission approval or disapproval of proposed changes in the zoning districts and/or ordinance. (c) Approve or disapprove the platting or subdividing of land within the corporate limits of the City and within adjacent areas as permitted by law. (d) Submit annually to the City Commission, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended capital improvements, if any, which in the opinion of the Board, are necessary or desirable during the forthcoming five (5) year period.
(e) Recommend to the City Commission approval or disapproval of plans for slum clearance, public housing, housing rehabilitation, and urban redevelopment projects. (f) Perform such additional duties, as the City Commission shall prescribe that relates to municipal planning.
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SECTION 2. ENFORCEMENT 2-1.
Administration: The provisions of this Ordinance shall be administered by the Chief Administrative Officer of the City of Eastland or his designee.
2-2.
Inspection: The Chief Administrative Officer and/or Building Official shall have the right to enter upon any premises at any reasonable time prior to the completion of the buildings for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this Ordinance.
2-3.
Stop Orders: Whenever any construction work is being done contrary to the provisions of this Ordinance, the Chief Administrative Officer and/or Building Official may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Chief Administrative Officer and/or Building Official to proceed with the work.
SECTION 3. EFFECT UPON EXISTING PERMITS, AGREEMENTS, RIGHTS, ETC. 3-1.
Existing Permits and Private Agreements: This Ordinance is not intended to abrogate or annul any permits issued before the effective date of this Ordinance, or any easement, covenant or any other private agreement.
3-2.
Preserving Rights in Pending Litigation and Violations Under Existing Ordinances: By the passage of this Ordinance, no presently illegal use shall be deemed’ to have been legalized unless such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain non-conforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this Ordinance: but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or caused presently pending be proceeded with in all respects as if such prior Ordinance had not been repealed.
3-3.
Completion of Existing Buildings: (a) Nothing in these regulations nor any amendments hereto which change district boundaries shall require any change in the plans, construction, or designated use of a building which shall be completed in its entirety within two (2) years from the date of the passage of this Ordinance, provided such building either was actually under construction at the time of the passage of this Ordinance, and further provided construction shall have been started within ninety (90) days from passage of this Ordinance. (b) Commitments with reference to construction of public utility buildings necessary for proposed expansion of the City made prior to the passage of this Ordinance
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shall be observed. 3-4.
Temporary Zoning; New Subdivision; Annexed Areas: (a) Un-platted property: The Planning and Zoning Board of the City of Eastland shall not approve any plat or any subdivision within the city limits of the City of Eastland, until the area covered by the proposed plat shall have been permanently zoned by the City Commission of the City of Eastland. (b) Proposed annexation: In the event the Planning and Zoning Board holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters of permanent zoning and annexation at the same time. (c) Zoning annexed areas: All territory annexed to the City of Eastland hereafter shall be temporarily classified as “AO” Agricultural Open Space District only until permanently zoned by the City Commission of the City of Eastland. The Planning and Zoning Board shall, as soon as practicable after any annexation of any territory, recommend to the City Commission a permanent zoning, and the procedure to be followed shall be as provided by law for the adoption of original zoning regulations.
SECTION 4. BOARD OF ADJUSTMENT 4-1.
Organization and Procedure: (a) A Board of Adjustment is created consisting of five citizens of the City, each to be appointed by the Mayor and confirmed by the City Commission, for the terms of three (3) years, respectively provided that, when the first board shall be appointed hereunder, one member shall be appointed for one year, two for two years, and two for three years. At least one member of the board shall be a member of the Planning and Zoning Board and his term shall expire at the same time as his term on such Board. A member appointed to fill a vacancy shall serve for the unexpired term. In the absence of a Board of Adjustment, the City Commission shall perform all functions of a Board of Adjustment. (b) The hearings of the Board of Adjustment shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it. The Board shall organize annually and elect a president, vice-president and secretary. The Board of Adjustment shall act by resolution in which three (3) members must concur. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Ordinance, and shall furnish a copy of the same to the inspector of buildings, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith. The Board shall hear the
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intervention of any owner of any property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest. (c) The Board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under such regulations as it may establish. 4-2.
Appeals to Board: (a) Appeals may be taken to and before the Board of Adjustment, by any person aggrieved, or by any officer, department, board or bureau of the City. Such appeal shall be taken by filing with the office of the Board, a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment, all of the papers constituting the record upon which the action appealed from was taken. (b) An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the Board of Adjustment that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown. (c) The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of their lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby, such owners and persons being determined according to the current tax rolls of the City of Eastland and depositing of such written notice in the mail shall be deemed sufficient compliance therewith. The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to have made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
4-3.
Powers and Duties of Board: The Board of Adjustment shall have the following powers and it shall be its duty: (a) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the inspector of buildings in the enforcement of this code.
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(b) In hearing and deciding appeals the Board shall have the power to grant an exception in the following instances: (1) Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this code. (2) Interpret the provisions of this code in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts, accompanying and made a part of this code, where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid. (3) Permit the erection and use of a building or the use of premises for railroads or public utility purposes. (4) Permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than sixty percent (60%) of its fair market value, where the Board finds some compelling necessity requiring a continuance of the non-conforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly. (5) Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. (6) Permit land within three hundred (300) feet of multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling. (7) To determine whether an industry should be permitted within the “LI” Restricted Industrial and the “HI” Industrial Districts because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
(c) The Board shall have the authority to grant the following variations: (1) Permit a variation in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.
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(2) Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this code relating to the use, construction or alterations of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variations of the strict application of the terms of this Ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this Ordinance, and at the same time, the surrounding property will be properly protected. In considering all appeals and all proposed exceptions or variations to this Ordinance the Board shall, before making any exceptions or variations from the Ordinance in a specific case, firsts determine that it will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Eastland. 4-4.
Fee: A fee of thirty-five dollars ($35) shall be paid to the City Secretary at the time the notice of appeal is filed, which the inspector shall forthwith pay over to the director of finance to the credit of the general revenue fund of the City of Eastland.
SECTION 5. AMENDMENTS 5-1.
Authority; General: (a) The Zoning Ordinance may be amended by changing the district boundaries or other provisions thereof, whenever the public necessity, convenience, and general welfare require such amendment. (b) No proposed amendment shall be recommended by the Planning and Zoning Board or passed by the City Commission except on substantial proof that it is in accordance with sound zoning practices and will serve to promote the public health, safety, convenience, or general welfare. With regard to change in zoning boundaries, no amendment shall be made except upon demonstration that conditions and trends of development in the area have so altered since adoption of existing boundaries as to justify the change, or that existing boundaries, either through prior error or change in conditions, are unreasonable and that objectives of the Ordinance will be promoted by the proposed amendment. (c) In accordance with Title 7, Subtitle A Municipal Regulatory Authority), Section 211 (Municipal Zoning Authority), VERNON'S TEXAS CIVIL STATUTES – LOCAL GOVERNMENT CODE, such amendments shall be made only in accordance with a Comprehensive Land Use Plan. Where individual zoning exceptions may be desirable within a district, because of the nature of the
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structures and the design of the district, this Ordinance has specifically provided for the use of special exceptions within the district to accomplish necessary deviations from the basic ordinance, under the control of the Board of Adjustment. 5-2.
Action by Planning and Zoning Board: Before taking action on any proposed amendment, supplement or change, the City Commission shall submit the proposed revision to the Planning and Zoning Board, which shall make a preliminary report and hold a public hearing thereon before submitting its final report. In amendments involving proposed changes in classification, written notice shall be given to all owners of property, or to the person rendering the property for city taxes, affected by such proposed changes or classifications, located within two hundred (200) feet of any property affected thereby, within not less than ten (10) days before any such hearing is held. In addition, notice of such hearing shall be published in a newspaper of general circulation, not less than ten (10) days before any such hearing is held. In amendments involving the general terms and regulations of this ordinance, the newspaper notice will serve as sufficient notice and no specific property owners need to be notified.
5-3.
Action by the City Commission: After receipt of the final report from the Planning and Zoning Board, a public hearing shall be held by the City Commission, before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one (1) time in a paper of general circulation in City stating the time and place of such hearing, which time shall be not less than ten (10) days from the first date of publication.
5-4.
City Commission Vote Required: Unless such proposed amendment, supplement or change has been approved by the Planning and Zoning Board such amendment, supplement or change shall not become effective except by concurrence of four (4) members of the City Commission, and no vote shall be taken unless the full membership of the City Commission is present.
5-5.
Filing Fee: No notices of any application for change of zoning district boundaries or for any change of zoning ordinance or classification shall be issued, and no hearings shall be had before either the Planning and Zoning Board or the City Commission until a filing fee accompanying such application is paid. The filing fee (payable in cash, certified check or casher's check), shall be thirty-five dollars ($35.00) for the first one hundred (100) feet, or fraction thereof, of lot frontage involved and ten dollars ($10.00) for each additional one hundred (100) feet, or fraction thereof.
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SECTION 6. VIOLATION, PENALTIES, AND LEGAL PROCEDURES 6-1.
Any person who shall violate any of the provisions of this Zoning Ordinance or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved there under, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in accordance with the City of Eastland, Code of Ordinances, General Penalty Provision, Section 1-14. Each day shall violation be permitted to exist shall constitute a separate offense.
6-2.
The owner of that building or premises or part thereof where anything in violation of this Zoning Ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who may have assisted in the Board of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties herein provided.
6-3.
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 Eastland, in addition to imposing the penalties 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, or to prevent any 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 Eastland from invoking the civil remedies given it by law in such cases, but same shall be cumulative or and in addition to the penalties prescribed for such violation.
SECTION 7. VALIDITY If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional the same shall not affect the validity of this Ordinance as a whole or any part of provisions thereof, other than the part so decided to be invalid or unconstitutional. SECTION 8. INTERPRETATION OF ORDINANCE Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
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SECTION 9 SEVERABILITY If any section, subsection, sentence, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court or agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 10. EFFECTIVE DATE This Ordinance, including the provisions hereof heretofore effective from and after the date of passage of the Zoning Ordinance adopted and subsequent amendments thereto, shall be effective from and after the date of its approval and adoption as provided by law.
PASSED AND APPROVED: THIS ______ DAY OF ______________________, 20 _____
PASSED AND APPROVED: THIS ______ DAY OF ______________________, 20 _____ SIGNED:
________________________________ Chairman of the Board (Mayor)
ATTEST:
_________________________________ City Secretary
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ZONING DISTRICTS MAP
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