This chapter may be cited and referred to as the "1968 Comprehensive Zoning Ordinance of the City of Amarillo, Texas."

(Code 1960, § 26-1)

The Zoning Districts and regulations as established in this chapter have been made in accordance with a Comprehensive Plan for the purpose of promoting the health, safety, morals and general welfare of the City, and for the protection and preservation of places and areas of historical and cultural importance and significance. They have been designed to regulate and restrict the Height, number of Stories and size of Buildings and other Structures; the percentage of the Lot that may be occupied; the size of the Yards and other Open Spaces; the density of population and the location and use of Buildings, Structures and land for business, Residence and other purposes, and in the case of designated places and areas of historical and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of Buildings and other Structures; to lessen congestion in the Streets, to secure safety from fire, panic and other dangers; to provide adequate light and air, and prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewer, schools, parks and other public requirements; and with a view of conserving the value of Buildings and encouraging the most appropriate use of land through the City.

(Code 1960, § 26-2)

For the purposes of this chapter, words used in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word "shall" is mandatory and not discretionary. Certain words in this chapter not heretofore defined are defined as follows:

Accessory Building: A detached Building subordinate to the Main Building on the Lot which is used for a purpose customarily incidental to the Main Building.

Accessory Use: A use subordinate to and incidental to the primary use of the Main Building or to the primary use of the Premises.

Adult Arcade: A business which offers its customers in one (1) or more Viewing Booths motion or still pictures characterized by exposure of Specified Anatomical Areas.

Adult Bookstore/Film Store: A business in which a substantial portion of its stock in trade consists of books, videos, tapes, cassettes, photographs, slides, magazines, and other periodicals which are distinguished or characterized by an emphasis on Specific Sexual Activities or Specified Anatomical Areas, or both.

Adult Cabaret: A business which offers to customers live performances characterized by exposure of Specified Anatomical Areas.

Adult Lounge: An Adult Cabaret which serves alcoholic beverages.

Adult Motel or Hotel: A business which offers its customers a sleeping room or sitting room for a period of time less than ten (10) hours and provides motion picture or still picture entertainment characterized by exposure of Specified Anatomical Areas.

Adult Retail Store: A business in which a substantial portion of the stock in trade consists of items or products other than printed matter characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas, or both.

Adult Theater: A business with a capacity of more than five (5) persons which offers customers motion or still picture or live entertainment or performances characterized by exposure of Specified Anatomical Areas.

Alley: A public space or Thoroughfare for the placement of utilities which affords only secondary means of access to property abutting thereon.

Apartment: A room or suite of rooms in a Multi-family Dwelling or Apartment house arranged, designed or occupied as a place of Residence.

Basement: A Building Story which is partly underground, but having at least one-half of its Height above the average level of the adjoining ground. A Basement shall be counted as a Story in computing Building Height.

Block: An area enclosed by Streets and occupied by or intended for Buildings; or, if such word is used as a term of measurement, it shall mean the distance along a side of a Street lying between the nearest two (2) intersecting Streets which intersect the Street on such side.

Board: Zoning Board of Adjustment.

Bounding Property Line: A Performance Standards term interpreted as being at the far side of any Street, Alley, stream or other permanently dedicated Open Space from the noise source when such Open Space exists between the property line of the noise source and adjacent property. When no such Open Space exists, the common line between two (2) Parcels of property shall be interpreted as the Bounding Property Line.

Building: An enclosed sheltering Structure. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate Building.

Building Ends: Those sides of a Building having the least dimension.

Building Line: A line parallel or approximately parallel to the Street right-of-way line designating the minimum distance from the Street right-of-way line that a Building may be erected.

Building Official: The head of the Code Enforcement Department of the City.

Building Permit: An official permit issued by the City through the Building Official to allow a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any Structure in accordance with chapter 4-3.

Canopy: A roof-like Structure of a permanent nature which is attached to, supported by or projects from the wall of a Structure.

Cellar: A Building Story with more than one-half its Height below the average level of the adjoining ground. A Cellar shall not be counted as a Story in computing Building Height.

Certificate of Occupancy and Compliance: An official certificate issued by the Building Official which indicates conformance with the Zoning regulations and authorizes legal use of the Premises for which it is issued.

City Manager: Chief administrative officer of the City.

Comprehensive Plan: A periodically updated series of documents that unify all elements and aspects of City planning. This Plan serves as a policy guide to Zoning and Subdivision decisions reflecting the best judgment of the staff, Planning and Zoning Commission and the City Council.

Comprehensive Zoning Ordinance, 1968: Chapter 26 of the 1968 Amarillo Code of Ordinances and its amendments.

Cul-de-sac: A Dead-end Street providing a turnaround area for vehicles.

District: Same as Zoning District.

Dwelling Unit: Same as Housing Unit.

Easement: A right held by the City or its franchised utility companies to be used for access, drainage or the placement of utilities such as water, sewer, telephone lines, electrical lines or gas lines.

Family: Any number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood, marriage or adoption, or any number of individuals with disabilities residing in community homes for the disabled and meet the Texas licensing requirements as mandated in the Texas Human Resources Code Ann., Chapter 123.

Floor Area: The total square feet of floor space within the outside dimensions of a Building including each floor level, but excluding Cellars, Carports or Garages.

Frontage, Lot: The length of Street Frontage between property lines.

Frontage, Street: The length of all property on one (1) side of a Street lying between two (2) intersecting Streets measured along the Right-of-way line, or if the Street is a Dead-end, then the length of all property abutting on one (1) side between an intersecting Street and the end of the Dead-end Street.

Garage, Private: An Accessory Building housing vehicles owned and used by occupants of the Main Building; if occupied by vehicles of others, it is a storage space.

Grade: Average finished ground elevation of the Lot at the base of the existing or proposed Structure.

Height: The vertical distance of a Building or Structure measured from the average established Grade at the Street Line or from the average natural Front Yard ground level, whichever is higher, to (1) the highest point of the roof's surface if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean Height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in Height. If the Street Grade has not been officially established, the average Front Yard Grade shall be used for a base level.

Housing Unit: A Building or portion of a Building which is arranged, occupied or intended to be executed as living quarters and includes facilities for food preparation and sleeping.

Legal Height: The maximum Height of a Building permitted by any Airport Zoning Ordinance or other ordinance restricting the Height of Structures.

Living Unit: Same as Housing Unit.

Lot: Land occupied or to be occupied by a Building and its Accessory Building, and including such Open Spaces as are required under this Chapter and having its principal Frontage upon a public Street or officially approved place.

Lot Area: The area of the Lot shall be the length times width of the Lot and shall not include portions of Streets and Alleys.

Lot 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 including but not limited to fireplaces, windows and door treatments that extend from the exterior walls of the Building not exceeding twelve (12) inches shall not be counted in computing coverage.

Lot Depth: The mean distance between the front and rear Lot Lines. (See Appendix Illustration 2.)

Lot Lines: The lines bounding a Lot.

Lot of Record: A Lot which is part of a Subdivision, the Plat of which has been duly recorded in the office of the County Clerk of Potter or Randall Counties.

Lot Width: The width of a Lot at the front Building Line. (See Appendix Illustration 1.)

Main Building: The Building or Buildings on a Lot which are occupied by the primary use.

Nonconforming Use: A Building, Structure or use of land lawfully occupied at the time of the effective date of the chapter or amendments thereto, and which does not conform to the use regulations of the District in which it is situated. (See section 4-10-24)

Occupancy: The apparent use of land as defined by this chapter or by generally accepted definitions.

Off-Street Parking: An enclosed or unenclosed area, not on a public Street or Alley, established for or used for the parking of a motor vehicle.

Open Space: Area included in any Side, Rear or Front Yard or any unoccupied space on the Lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material.

Parcel: Same as Lot.

Performance Standards: The standards specified for the operating characteristics of industrial uses related to noise, smoke, particulate matter, odorous matter, fire and explosion hazard, toxic and noxious matter, glare, vibration and storage.

Planning and Zoning Commission: The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the Zoning.

Platted Lot: Same as Lot.

Residence: Same as Housing Unit; also when used with District, an area of Residential regulations.

Residential Zoning District: R-1, R-2, R-3, MD-1, MD-2, MF-1, MF-2, MH, or residential PD Zoning District.

Schedule of Uses:Section 4-10-82 of this chapter which refers to the use of land and Buildings permitted in specified Zoning Districts.

Setback: Same as Yard.

Sign: An outdoor advertising device that is a Structure or that is attached to or painted on a Building or that is leaned against a Structure or display on Premises.

Sign, Advertising (Billboard): Billboard or other sign having space that is of the type typically available for lease, rent, or hire, separate and apart from any business activity on the premises where the sign is located and/or that directs persons to any location not on the premises.

Sign, Agricultural: A permanent on-site Sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon and/or displaying the occupant of the Premises' own ideological expression.

Sign, Animated: A Sign employing visible moving parts or the changing of colors.

Sign, Apartment, Manufactured Home Park or Manufactured Home Subdivision: A permanent on-site Sign for the identification of an apartment Building, Manufactured Home Park or Manufactured Home Subdivision on which the Sign is placed and/or displaying the occupant of the Premises' own ideological expression.

Sign, Attached (Wall Sign): A Sign which is affixed to or supported by or painted on an exterior wall of any Building. Such Sign shall project not more than six (6) inches from the Building wall or parts thereof.

Sign, Back-to-Back: A Structure with two (2) parallel and directly opposite Signs with their faces oriented in opposite directions and spaced not more than ten (10) feet apart.

Sign, Construction: A temporary on-site Sign identifying the property owner, architect, contractor, Engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the Premises on which the Sign is located.

Sign, Detached (Freestanding Sign): A Sign which is supported by Structures, supports or foundations in or upon the ground and independent of support from any Building.

Sign, Development: A temporary on-site Sign related to the promotion of new Developments and located on the Premises of the Development.

Sign, Electronic: A sign that utilizes a screen for the display of an electronically generated image or message via either internal illumination of the screen or external projection onto the screen, such as but not limited to Light Emitting Diodes (LED) or other digital or electronic technology, that allows intermittent change of the message or display by electronic signal.

Sign, Existing: A legally existing Sign, including a Nonconforming Sign, that has been completely erected or is under construction on the date that this section becomes effective.

Sign, General Business: A permanent on-site Sign designated as an Accessory Use for the main Structure specifically for the location where placed which advertises only commodities or services offered on the Premises where such Signs are located and/or displaying the occupant of the Premises' own ideological expression.

Sign, Illegal: A Sign that was erected in violation of any regulation applicable at the time of the erection of such Sign. Any Sign which does not comply with the provisions of Chapter 4-10, Zoning Ordinance or Chapter 4-2, Advertising Ordinance of the City, or other applicable ordinances,

or which is not deemed a Nonconforming Sign by the Building Official or his designee, shall be considered an Illegal Sign.

Sign, Illuminated: Any Sign illuminated in any manner by an artificial light source.

Sign, Institutional: A permanent on-site Sign for the identity of a school, church, hospital or similar public or quasi-public institution and/or displaying the occupant of the Premises' own ideological expression.

Sign, Nameplate: A permanent on-site Sign indicating only the name, address and/or occupation of the occupant of the Premises and/or displaying the occupant of the Premises' own ideological expression and which is not illuminated by intermittent or flashing lights.

Sign, New: A Sign that is erected in accordance with this section, for which construction does not begin until after the effective date of this section.

Sign, Nonconforming: A lawfully Existing Advertising Sign that met all code requirements at the time it was constructed except for Advertising Signs allowed by section 4-10-228.

Sign, Off-premise: Same as Advertising Sign and Billboard.

Sign, On-premise: Same as General Business Sign.

Sign, Political: A Sign that contains primarily a political message and that is located on private real property with the consent of the owner. This does not include a Sign, including a billboard, that contains primarily a political message on a temporary basis, but is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political.

Sign, Real Estate: A temporary on-site Sign pertaining to the sale or rental of property on which the Sign is placed.

Sign, Recreational Vehicle Park: A permanent on-site Sign for the identification of a Recreational Vehicle Park on which it is placed and/or displaying the occupant of the Premises' own ideological expression.

Sign Structure: The supports, uprights, braces and framework, including Structural Trim of a Sign.

Sign, Temporary: Any Sign, including banners, pennants, valances or any other advertising display of paper, cloth, canvas, vinyl, light fabrics, cardboard, wallboard or other lightweight materials of a nondurable character, with or without frames, intended to be displayed for a limited period of time, which announces any event or performance, or promotes or advertises any person, place or thing for any purpose, but not including a Temporary Accessory Sign.

Sign, Temporary Accessory: Sign which shall be displayed for no longer than thirty (30) calendar days after the completion and consummation of the purpose or objective for which such Sign is displayed.

Sign, V-type: A Structure comprised of two (2) Signs in the shape of the letter "V" when viewed from above and with their faces oriented in opposite directions.

Sign, Wall: Same as Attached Sign.

Skirt, Skirting: Skirting shall be installed around the exterior perimeter of a Manufactured Home to enclose the under floor area from the bottom of the unit to the ground. Skirting shall be of materials approved for exterior exposure and shall be installed and fastened to withstand damage from winds and exposure to the elements. The Skirting material shall be a material intended for use as a finished exterior surface and shall be painted if required for protection of the material.

Panel type Skirting material shall be securely attached to wood stud or metal stud frame Structures that are anchored to the ground and to the bottom of the Manufactured Home at not more than six (6) feet on center with approved anchors. Wood stud frames, and panel materials made of wood products that are within six (6) inches of the ground shall be preservative treated for ground contact in accordance with the Building Code. Wood or metal stud frames shall consist of a bottom plate, a top plate, and studs at no more than twenty-four (24) inches on center. Panel materials shall be attached to stud frames with fasteners appropriate for and compatible with the material used, and the fasteners shall be approved for exterior exposure both in accordance with the Building Code. Fasteners in panel materials shall be spaced around the perimeter of each panel at not more than six (6) inches on center and in the field of the panel at not more than twelve (12) inches on center. Panel materials shall also be installed in accordance with the manufacturer's instructions.

If used in place of panel Skirting materials, perimeter footings shall be of concrete, and perimeter stem walls above the ground shall be of either concrete or masonry, both in accordance with the foundation details for a pier and beam Structure as adopted in the Building Code. Perimeter footings and stem walls shall fully enclose the underside of the Manufactured Home. Any Skirting method shall provide for under floor access and ventilation as required by the Building Code.

Specified Anatomical Areas: Less than completely and opaquely covered human genitals, pubic region, buttock; human genitals in a discernibly erect state, even if completely and opaquely covered; or any combination of the aforementioned.

Specified Sexual Activities: Depiction of male genitals in a state of sexual stimulation or arousal; female genitals; acts of masturbation, sexual intercourse, oral copulation, sodomy, bestiality; touching of human genitals, pubic region, buttock, anus; or any combination of the aforementioned.

Standard Industrial Classification (SIC) Code: The group definition of the most current Standard Industrial Classification Manual prepared by the Statistical Policy Division for the United States Office of Management and Budget. This manual shall be used as a guideline for the classification of principal uses when reference is made in section 4-10-82 to the designated SIC Code. Such manual shall be kept in the Planning Department for reference purposes.

Story: The Height between the successive floors of a Building or from the top floor to the roof. The standard Height for a Story is eleven (11) feet, six (6) inches.

Street: Any Thoroughfare or public Driveway, other than an Alley, and more than thirty (30) feet in width, which has been accepted for public use.

Street Line: A dividing line between a Lot, Tract or Parcel of land and a contiguous Street, the Right-of-way line.

Structural Alterations: Any change in the supporting member of a Building, such as a bearing wall, column, beams or girders.

Structural Trim: The mountings, battens, cappings, palings, nailing strips, latticing, cutouts, or letters, platforms and walkways, which are attached to the Sign Structure.

Structure: Any composition of physical parts for the creation of a whole which is affixed either directly or indirectly to the ground.

Surface Display Area/Display Face: That area made available on either side of the Sign Structure, the purpose of which is for the displaying of the advertising message.

Thoroughfare: Same as Street.

Tract: Same as Lot.

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 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. (See sections 4-10-37 and 4-10-39(c)and (d)).

Viewing Booth: An enclosure or partial enclosure which contains any electrical or mechanical device, which displays or projects any film, videotape or photographic reproduction into the viewing area of motion or still pictures characterized by exposure of Specified Anatomical Areas, and which enclosure or partial enclosure is authorized for occupancy by Uniform Building Code standards by no more than five (5) persons.

Yard: An Open Space other than a Court on the Lot in which a Building is situated and which is not obstructed from a point forty (40) inches above the general ground level of the graded Lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

Yard, Front: An open, unoccupied space on a Lot facing a Street extending across the front of a Lot between the side Lot Lines and from the Main Building to the front or Street Line with the minimum horizontal distance between the Street Line and the Main Building line as specified for the District in which it is located. (See Appendix Illustrations 3 and 5.)

Yard, Rear: An open, unoccupied space, except for Accessory Buildings as herein permitted, extending across the rear of a lot from one (1) side Lot Line to the other side Lot Line and having a depth between the Building and the rear lot line as specified in the District in which the Lot is situated. (See Appendix Illustration 3.)

Yard, Side: An open, unoccupied space or spaces on one (1) side or two (2) sides of a Main Building and on the same Lot with the Building, situated between the Building and a side line of the Lot and extending through from the Front Yard to the Rear Yard. Any Lot Line, not the rear line or a front line, shall be deemed a side line. (See Appendix Illustrations 3 and 4.)

Zoning District: An area of the City for which the regulations governing the area, Height or use of the land and Buildings are uniform.

Zoning District Map: The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of this chapter.

(Code 1960, § 26-29; Ord. No. 5862, § 1, 6-12-90; Ord. No. 6214, § 1, 2-6-96; Ord. No. 6268, § 1(A), 12-24-96; Ord. No. 6350, § 1, 6-23-98; Ord. No. 6514, § 4, 2-6-2001; Ord. No. 6568, § 1, 11-27-2001; Ord. No. 6600, § 3, 6-11-2002; Ord. No. 6699, § 1, 11-25-2003; Ord. No. 6904, § 1, 2-21-2006; Ord. No. 7099, § 3, 5-20-2008; Ord. No. 7658, § 2, 3-14-2017; Ord. No. 8217 meeting, § 2, 9-23-2025)

Cross reference— Definitions to apply throughout Code, § 1-2-1.

Any person violating or failing to comply with any of the provisions of this chapter shall be fined upon conviction not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and each day any violation or noncompliance continues shall constitute a separate and distinct offense. In addition to the penalty provided for, the right is hereby conferred and extended to any property owner owning property in any District, where such property may be affected by a violation of the terms of this chapter, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law or in equity for the protection of the rights of such property owners.

(Code 1960, § 26-30)

In any complaint and in any action or proceedings brought for the enforcement of any provision of this chapter, it shall not be necessary to negative any exception, excuse, proviso or exemption contained in this chapter. The burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant or person charged.

(Code 1960, § 26-31)

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this chapter, since the same would have been enacted by the City Council without the incorporation in this chapter of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

(Code 1960, § 26-32; Ord. No. 7658, § 2, 3-14-2017)

No permit for the construction of any Structure upon any Tract or Plot shall be issued until the Building Site, Building Tract or Building Lot is a part of a Plat of record approved by the Planning and Zoning Commission and filed in the Plat records of Potter or Randall Counties, whichever has jurisdiction.

(Code 1960, § 26-23; Ord. No. 5617, § 1, 8-19-86)