14-100 In order to make possible the provision of adequate access, and to facilitate the provision of water, sewerage, drainage and similar utilities, parks, schools and other public requirements; to secure safety from fire, panic and other dangers; to provide adequate light and air and to avoid undue concentration of the population, a building site shall be created as set forth herein.

14-101 No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions:

(a)

The lot or tract is part of a plat of record, properly approved by the city plan commission, and filed in the Plat Records of Hunt County, Texas, and having access to a dedicated public street having well defined and undisputed right-of-way lines.

(b)

The site, plot or tract is all or part of a site plan officially approved by the city plan commission, which site plan shows all existing utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting and such easements, alleys, streets and building lines, as are required and have been properly dedicated, and the necessary public improvements which have been provided.

(c)

The plot, tract or lot faces upon a dedicated street with well defined and undisputed right-of-way lines and was separately owned prior to (date of adoption), or prior to annexation to the City of Commerce, whichever is applicable, in which event a building permit for only one main building may be issued on each such original separately owned parcel without first complying with either [subsections] 14-101(a) or (b) preceding.

(d)

The tract is not separately platted but is part of a block or tract previously platted as an industrial or commercial subdivision wherein only streets, easements and blocks are delineated and such plat has been approved by the city plan commission and filed for record in which case no specific lot delineations shall be required.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

15-110 Any use of property that does not conform to the regulations prescribed in the preceding section of this ordinance and which shall have been in existence prior to the adoption of this ordinance shall be called a nonconforming use. Any use that may be made nonconforming after adoption of this ordinance due to amendment of the ordinance through annexation and which is not a violation of the ordinance shall also be considered a nonconforming use.

15-120 Any nonconforming use of land or structures may be continued for definite periods of time subject to such regulations as the board of adjustment may require for immediate preservation of the adjoining property. The board of adjustment may grant a change of occupancy from one nonconforming use to another, providing the use is within the same, or higher or more restricted zoning classification as the original nonconforming use and such change of use and occupancy will not tend to prolong and continue the nonconforming use. In [the] event a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned.

15-130 If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a nonconforming use not exceeding 50 percent of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

16-110 Organization. There is hereby created a board of adjustment consisting of five members, who are residents of the city, each to be appointed by resolution of the city council for a term of two years. The city council shall nominate one of the members as chairman, and the chairman shall appoint a vice-chairman, neither of whom shall serve more than a two-year term. The city council shall also appoint, by resolution, four alternate members who are residents of the city, who shall serve in the absence of one or more of the regular members. Two members and two alternate members, as heretofore appointed, shall serve two years; three members and two alternate members, as heretofore appointed, shall serve three years; thereafter, each member and each alternate member reappointed, or each new appointee, shall serve for a full term of two years unless removed as provided in section 16-120. All appointees shall serve without compensation and may not hold an elective office of the State of Texas or political subdivision thereof.

16-120 Removal from office and vacancies. Members of the board of adjustment may be removed by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made.

16-130 Quorum. For the purpose of transacting any business, four members of the board of adjustment shall constitute a quorum and actions of the board shall be approved by a majority vote, except that a concurring vote of four members of the board shall be required to make a favorable determination for an application on any matter upon which it is required to pass under this ordinance or to effect any variation in this ordinance.

16-140 Function. The board shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this ordinance. Meetings of the board shall be called on an as-needed basis; however, meetings shall not be held more than once per month. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its official actions, which shall be a public record.

16-150 Powers and duties. The board shall have powers and duties as follows:

16-151 Administrative appeal. The board shall hear and decide appeals made by any person aggrieved, or by an officer, department, or board of the municipality affected by any decision of any administrative official of the city in the enforcement of this ordinance. Such appeal shall be made within 15 days' time after the decision has been rendered by the administrative official by filing an application with the community development department.

An appeal shall stay all proceedings of the action appealed from, unless the official responsible for the decision on which the appeal is made certifies to the board of adjustment, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.

16-152 Variance. The board shall hear and decide appeals in specific cases for variances from the terms of this ordinance, where such variance will not be contrary to the public interest, and, where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship and the granting of the variance would provide substantial justice conforming with the spirit and intent hereof.

16-160 Notice of hearing. The board of adjustment shall hold a public hearing on any appeal made and written notice of such public hearing shall be sent to the applicant and all other persons who are owners, as shown on the last city tax roll, of real property lying within 200 feet of the property on which the appeal is made. Such notice shall be given not less than ten days before the date set for hearing. Such notice may be served by depositing the same in the city post office, properly addressed and postage paid.

Notice shall also be given by publishing the same in the official newspaper of the city at least 15 days prior to the date set for hearing, which notice shall state the time and place of such hearing.

16-170 Procedure. At a public hearing relative to any appeal for a variance, any interested party may appear in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to justify the action of the board of adjustment on any appeal. Any special exception or variance granted or authorized by the board of adjustment under the provisions of this ordinance shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of 180 days from the date of the favorable action of the board unless said board shall in its action approve a longer period of time and so show such specific period in the minutes of its action. If the building permit and/or certificate of occupancy shall not have been issued within said period as the board may specifically grant, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal to said board in accordance with regulations herein contained.

16-180 Jurisdiction. When, in its judgment, the appropriate use of the neighboring property will not be substantially or permanently injured and the public convenience and welfare will be substantially served, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations herein established:

16-181 Permit the reconstruction, extension or enlargement of a building occupied by nonconforming use on the lot or tract occupied by such building, provided such reconstruction does not prevent the eventual return of such property to a conforming use.

16-182 Permit such modifications of the height, yard setback, area, coverage, floor area ratio and parking regulations as may be necessary to secure appropriate development of a parcel of land.

16-183 Decide any question involving the interpretation of any provisions of this ordinance wherein uncertainty has arisen concerning the intent of specific requirements of the ordinance having due regard for the purpose of the zoning ordinance as set out in section 2-100 herein.

16-184 Require the discontinuance of nonconforming uses, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance, and having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The board shall, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

16-190 Actions of the board. In conformity with the provisions of the statutes of the State of Texas as existing or hereafter amended, the board may exercise its powers to revise or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

16-191 The concurring vote of four members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance.

16-192 Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

17-100 No building or portion thereof hereafter erected, converted, or altered shall be used, occupied, or changed in use and no land may be used or changed in use until a certificate of occupancy and compliance shall have been issued by the building inspector of the city stating that the building or portion thereof or the proposed use of land or building complies with the provisions of this ordinance and other building laws of the city. Failure to comply with the provisions of this ordinance and other building laws shall constitute a basis to deny or disconnect city utilities or to require private utility companies to do likewise.

17-101 A certificate of occupancy and compliance shall be applied for coincident with the application for a building permit and will be issued before occupancy and connection of utilities to such building, provided such construction or change has been made in complete conformity to the provisions of this ordinance and other building laws.

17-102 A record of all certificates of occupancy shall be maintained on file in the office of the building inspector of the city and copies shall be furnished for a fee on written request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

18-100 Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction within the city on the effective date of this ordinance and which entire building shall be completed within one year from the effective date of this ordinance or which building shall be maintained under continuous construction even though not completed within one year. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued while such permit is valid, and provided the building shall have been started within six months of the date of issuance of the permit and which building shall be completed within one year from the effective date of this ordinance or which building shall be maintained under continuous construction even though not completed within one year.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

19-100 Any person or corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this ordinance or the city plan commission may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this ordinance shall bear the signatures of the owners of all property within the area of request.

19-101 The city commission may from time to time amend, supplement or change by ordinance the boundaries of the districts or regulations herein. Before taking action on any proposed amendment, supplement or change, the city commission shall submit the same to the city plan commission for its recommendation and report.

19-102 The city plan commission or a committee thereof shall hold a public hearing on any application for any amendment, supplement or change prior to making its recommendation and report to the city commission. Written notice of all public hearings before the city plan commission or a committee thereof on a proposed amendment, supplement or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for hearing by depositing a notice properly addressed and postage paid in the United States post office to such property owners as the ownership appears on the last approved city tax roll.

19-103 A public hearing shall be held by the city commission before adopting any proposed amendment, supplement or change. At least 15 days' notice of the time and place of such hearing shall be published in the official newspaper of the city.

19-104 If such proposed amendment, supplement or change has been denied by the city plan commission, or if a protest against such proposed amendment, supplement or change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending 200 feet therefrom or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths vote of the members of the city commission.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

20-100 Certain words in this ordinance not heretofore defined are defined as follows: 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 "building" includes the word "structure"; the word "lot" includes the words "plot" or "tract"; and the word "shall" is mandatory and not discretionary.

20-101 Accessory building (nonresidential). A subordinate building to the main building, the use of which is incidental and related to the main use and which is located on the same lot.

20-102 Alley. A public space or thoroughfare which affords a secondary means of access to property abutting thereon.

20-103 Apartment. A dwelling unit in a multiple-family dwelling or apartment house arranged, designed or occupied as a place of residence by a single family.

20-104 Area of lot. The square foot area of a lot within the bounding property lines and exclusive of dedicated streets or alleys.

20-105 Area regulations. The regulations controlling minimum lot area, lot width, lot depth, front yard, side yard, rear yard, coverage and floor area ratio.

20-106 Basement. That portion of a building between floor and ceiling so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. A basement shall not be counted in computing the number of stories.

20-107 Block. An area enclosed by streets or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between two intersecting streets or, if the street is of a dead-end type, a block shall be considered to be measured between the nearest intersecting street and the end of such dead-end street.

20-108 Board. The zoning board of adjustment as provided for in section 16.

20-109 Building. Any structure designed, built or intended for the shelter or enclosure of persons, animals, chattels or movable property of any kind or for an accessory use. When separated by an absolute fire separation, each portion of such structure so separated shall be deemed a separate building. This definition shall include structures wholly or partly enclosed with an exterior wall.

20-110 Building bulk. The relationship between the total mass of a building and the site on which it is located. As herein specified, building bulk refers to floor area ratio.

20-111 Building line. A line parallel or approximately parallel to the street line at a specified distance therefrom, marking the minimum distance from the street line that a building may be erected. For existing buildings, the building line shall be the exterior wall or omitted wall line which is closest to the street.

20-112 Centerline, street or alley. A line erected midway between the bounding right-of-way lines of a street or alley. Where the bounding right-of-way lines are irregular, the centerline shall be determined by the director of public works.

20-113 City commission. The official governing body of the city.

20-114 Court. An open space bounded on more than two sides by the walls of a building.

20-115 Court, inner. A court entirely surrounded by the exterior walls of a building. Such walls may have openings for access, light and air.

20-116 Court, outer. A court having one side open to a street, alley, yard or other permanent open space.

20-117 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 feet and ordinary projections from the building not exceeding 12 inches shall not be counted in computing coverage.

20-118 Density. The relationship of dwelling units to the area of the lot or tract upon which a residential structure is located or erected.

20-119 Development schedule. A chronological estimate of the rate and order of development.

20-120 Dwelling unit. A building or portion of a building which is arranged, occupied or intended to be occupied as a single living quarters and which includes facilities for food preparation and sleeping.

20-121 Family. A family is any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage or adoption.

20-122 Floor area. The total square foot area of all floors in the building measured to the outside faces of exterior walls or to the line of an omitted wall, whichever includes the largest area.

20-123 Floor area ratio (F.A.R.). The ratio between the total square feet of floor area and the total square feet of land in the lot.

20-124 Frontage, lot. The length of street frontage between property lines or lease lines.

20-125 Frontage, street. The length of all property on one side of a street between two intersecting streets measured along the line of the street, or if the street is dead-ended, then the length of all property abutting on one side between an intersecting street and the end of the dead-end street.

20-126 Grade. The average elevation of the highest and lowest elevations measured at the finished surface of the ground at any of the exterior corners of the building or structure.

20-127 Height. The vertical distance measured from grade to (1) the highest point of any flat roof surface, (2) the top deck line of mansard roofs, or (3) the mean height level between eaves and ridge for hip and gable roofs, or (4) the top of any elevator, penthouse or bulkhead, mechanical equipment room, cooling tower, tank and ornamental cupola and dome or other structure erected on the roof of a building.

20-128 Institutional use. Schools, churches, colleges, lodges, hospitals, convents, welfare homes and similar establishments to those listed in [section] 10-204.

20-129 Legal height. The maximum height of a building imposed by any other ordinance which is effective.

20-130 Lot. Land which is occupied or intended to be occupied by a building and its accessory building and including such open spaces as are required under this ordinance and having frontage on a dedicated street with well defined and undisputed right-of-way lines.

20-131 Lot, corner. A lot situated at the intersection of two dedicated streets and having frontage along both streets extending from the intersection.

20-132 Lot, double frontage. A lot having frontage on two or more dedicated streets other than a corner lot.

20-133 Lot lines. The accepted property of lease lines bounding a lot as defined herein.

20-134 Lot line, interior. A lot line delineating the division between two contiguous lots on the interior of a block and not adjacent to a street.

20-135 Lot, percentage of. Determination of any percentage of a lot such as the rear 50 percent shall be done by finding the point on each side lot line which corresponds to that percentage of the length of such line and connecting the two points. The area so delineated shall be interpreted as representing that portion of the lot specified.

20-136 Lot of record. A lot which is part of a subdivision plat which has been recorded in the office of the county clerk.

20-137 Lot width. The width of a lot at the required front yard line or at the building line if such is established at a greater distance from the street than the required front yard line.

20-138 Main building. The building or buildings on a lot which are occupied by the primary use.

20-139 Occupancy. Occupancy, as used herein, pertains to and is the purpose for which a building is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors.

20-140 Omitted wall line. A line enclosing the exterior vertical elements of a structure or the outer edge of any floor, deck, balcony, walkway, bridge, stairway or such other structure as may cover the land, contrary to the definition of open space. In the case of structures, composed of a roof and open side, the omitted wall line is the exterior line of such roof. For ordinary roof eaves, the omitted wall line shall be two feet inside of the eave line.

20-141 Open space. An area on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices and eaves.

20-142 Openings for light and air. Any windows, window walls, or glass panels located in the building, but not including doors which are used only for ingress or egress.

20-143 Permanent community open space. Parks, school playgrounds, community centers, golf courses, parkways, water areas or similar areas which are dedicated to the city or which are created as private open space under a permanent agreement for maintenance and responsibility, which agreement is accepted by the city commission and approved by the city attorney.

20-144 Story, standard. The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is 11 feet six inches.

20-145 Street. Any thoroughfare, other than an alley and not less than 30 feet in width, which has been dedicated to the public for public use and which affords primary access to abutting property.

20-146 Street line. A dividing line between a lot, tract or parcel of land and a contiguous street.

20-147 Structure. A structure shall be interpreted the same as a building, but shall, in addition, include such items as a freestanding ground sign and pylon when erected on a base and not made integral with a building.

20-148 Trailer stand, transient. A parking place for a house trailer or mobile home unit, together with the necessary yards and parking space required.

20-149 Use, nonresidential. Any use other than a single-family, two-family, or multiple-family residence or rooming house and bona fide accessory uses as listed in [sections] 10-201 and 10-202.

20-150 Use, residential. A single-family, two-family or multiple-family residence together with bona fide accessory uses as listed in 10-201 and 10-202.

20-151 Use, retail or commercial. Any use listed or similar to a use listed in [sections] 10-206, 10-207, 10-208, 10-209, 10-210, 10-212, 10-213, and 10-214.

20-152 Wall, exterior. The exposed or outermost wall of the structure.

20-153 Yard. An open space on the lot on which a building is situated and which is open and unobstructed to the sky.

20-154 Yard, front required. A yard facing and abutting a street and extending across the front of the lot between the side lot lines and having a minimum horizontal depth measured from the street right-of-way equal to the depth of the minimum front yard specified for the district in which the lot is located. The required front yard line represents the line in front of which no building or structure may be erected.

20-155 Yard, rear required. A yard, except for accessory buildings as herein permitted, extending across the rear of the lot between side lot lines and having a minimum depth measured from the rear lot line as specified for the district in which the lot is located.

20-156 Yard, side required. A yard located on a lot and extending from the required front yard to the required rear yard and having a minimum width measured from the side lot line as specified for the district in which the lot is located. Any lot line which is not a rear or front lot line shall be deemed a side lot line. Where a lot has only three lot lines those lot lines which do not front upon a street shall be deemed side lot lines.

20-157 Zoning district. A classification within which the regulations specified herein are uniform and which is assigned to a particular area of the city by delineation upon the zoning district maps which are a part of this ordinance.

20-158 Zoning district map. The official, certified map or maps upon 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 ordinance for the city.

20-159 Trailer or mobile home. A living unit designed to be moved from location to location by truck or a similar prime mover and designed to be moved on wheels which are an integral part of the unit's structure, and which has approved sewer and water connections to accommodate a flush water closet, tub or shower, and a sink within the unit.

20-160 Cottage unit. A cottage unit is any fixed building, structure or part thereof located in a tourist court and used as sleeping quarters or temporary dwelling place by one or more persons living together as one family.

20-161 Sign. Any structure or object which is placed, arranged, colored, designed or constructed for the purpose of advertising or attracting attention to a building, business, product, activity or service.

20-162 Accessory sign. A sign which is an accessory use of land and which directs attention to a business, product, activity or service which is conducted, sold or offered on the premises where the sign is located.

20-163 Flashing sign. A sign or part thereof operated so as to create flashing; changes in light intensity, color or copy; or intermittent light impulses more frequently than once in every four seconds.

20-164 Moving sign. A sign or any part thereof which moves, rotates, or gives the perception of motion.

20-165 City. The word "city" shall mean the legal government of Commerce, Texas.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

21-100 Any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than $200.00 and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The city likewise shall have the power to enforce the provisions of this ordinance through civil court action as provided by state law.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

22-100 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.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

23-100 This zoning ordinance shall become effective immediately on and after its passage by the city commission [April 15, 2003], subject to the following qualifications:

(a)

Any construction now in progress and construction for which building permits have been issued in accordance with the prior ordinance, shall be unaffected by this ordinance.

(b)

Pending applications for zoning change or amendments of any use district made under the prior ordinance shall be processed, and if the city commission is of the opinion that a zoning change is justified and should be made, then such change or amendment shall be classified and placed into the proper use district where such use and occupancy is permitted as contained in this ordinance.

(c)

In the event construction drawings are presented to the chief building inspector of the city showing development proposed under the terms of the prior zoning ordinance within 30 days from the passage of this ordinance, and in the event the denial of a building permit for such construction would cause a loss or hardship, the city commission may consider the case on the facts and if it is of the opinion that the general zoning scheme and public interest will not be adversely affected thereby, it may grant a permit for development and construction.

(Ord. No. 03-07, §§ 1—3, 4-15-03)