This ordinance, in accordance with the authority granted in the legislature of the State of Texas in Articles 1011a through 1011j of the State's Civil Statutes, shall be known and may be cited as the Crockett zoning ordinance.

The regulations contained herein have been developed in accordance with a comprehensive land use planning program directed toward the identification and documentation of public policies relating to the public and private use of land, transportation, and the development of capital improvements. The Crockett zoning ordinance is specifically directed to the protection of the public health, safety, morals, convenience, and general welfare. The regulations are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; to lay a proper foundation for the reasonable termination of land use activities which are not in conformance with the city's long-range land use plans; to create a comprehensive and stable pattern of land uses upon which to plan for water supply, sewerage, energy use and distribution, transportation, schools, parks, public utilities, and other public facilities.

This ordinance classifies and regulates the use of land and structures within the city limits of Crockett, as hereinafter set forth. Except as hereinafter provided, no land may be used and no structure may be erected, constructed, moved, altered, enlarged, or rebuilt unless it will be used and maintained in accordance with the requirements established for the district in which the structure is to be located, and in accordance with the provisions of the articles within this ordinance as they pertain to districts.

A.

For the purpose of these regulations, words used in the present tense include the future tense; words used in the singular number include the plural; and words in the plural include the singular, except where the natural and obvious construction of the writing indicates otherwise. The word "may" is not discretionary unless the context in which it is used indicates otherwise. The word "must" is mandatory in every instance.

B.

For purposes of this ordinance, certain terms and words are to be used and interpreted as follows:

1.

Accessory building: A building customarily incidental and subordinate to the main building or use located on the same lot with the main building. Examples include, but are not limited to, a building or structure designed to be used as a storage building, shed, equipment building, playhouse, shop building, greenhouse or boathouse.

2.

Accessory use: A land use activity that is customarily incidental, appropriate and subordinate to the principal use of the land or buildings located upon the same premises.

3.

Agriculture: The use of land for producing crops, raising livestock, or other activities normally associated with commercial crop or livestock production which do not involve commercial or industrial activities such as commercial feed lots, sales yards, and auction yards.

4.

Alley: A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

5.

Apartment building: A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of trailer camps, mobile home parks, hotels and motels. Apartments are multiple-family dwellings.

6.

Amusement: An enterprise offering entertainment or games of skill to the general public for a fee or charges.

7.

Antique shop: A business which sells items whose value is greater than the original purchase price because of age or rarity.

8.

Automobile: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following: passenger cars, light trucks, motor scooters, and motorcycles.

9.

Automobile wash: A facility designed primarily for washing automobiles.

10.

Automobile repair:

Major: General repair or reconditioning of engines and air conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paintshop; vehicle steam cleaning; and other similar uses.

Minor: Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starter, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air conditioning systems, and other similar minor services for motor vehicles except motor trucks, but not including any operation named under "automobile repair-major" or other similar use.

11.

Automobile service station: An establishment which is for the dispensing, sale or offering for sales at retail of any automobile fuels, oils or accessories including lubrication of automobiles and minor automobile repairs.

12.

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.

13.

Block: A piece or parcel of land entirely surround by public highways, streets, streams, railway rights-of-way, parks, etc., or a combination thereof. The planning and zoning commission is the city's authority as to a determination of questions regarding the limits or extent of a block.

14.

Board of adjustment: The officially designated municipal body that is responsible for hearing appeals made from a decision of the zoning enforcement officer; appeals for variances to the requirements of the zoning ordinance; designations of nonconforming uses; and determinations of the abandonment of a nonconforming use.

15.

Boarding house or loading house: A dwelling other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging or both meals and lodging are provided for three (3) to seven (7) persons.

16.

Building: Any structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated will be deemed a separate building.

Primary: A building in which the primary activity associated with the lot is conducted. In any residential district any dwelling will be a primary building.

Secondary: A building customarily incidental and subordinate to the primary building located on the same lot.

17.

Building area: That portion of a lot upon which buildings may be placed, excluding required yards and limited by the maximum building coverage as specified for each zoning district.

18.

Building coverage: The percent of the lot area covered by the building, exclusive of all overhanging roofs.

19.

Building height: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

20.

Building lines: The lines established on a lot, behind which a building can be constructed and in front of which are the unoccupied front, side, and rear yards.

21.

Building site: A single parcel of land occupied or intended to be occupied by a building or structure.

22.

Carport: A permanent roofed structure open on at least two (2) sides, designed for the parking and shelter of private passenger vehicles.

23.

Child care facility: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time, which periods are not continuous for twenty-four (24) hours per day, compensation is given. This definition does not extend to churches or other religious or public institutional buildings in which children are cared for while their parents or legal guardians are attending services, meetings, or classes, or are engaged in church activities.

24.

City council: The governing body of the City of Crockett, Texas.

25.

Clinic: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, including, but not limited to, dental and physician offices.

26.

Comprehensive city plan: The planning document or documents which are adopted by the city council. The comprehensive plan contains statements of official municipal policy pertaining to the subjects of land use, community facilities, transportation, housing and other related topics.

27.

Convalescent, rest, nursing or extended care facility: A health care facility where persons are housed and furnished with meals and continued nursing care for compensation.

28.

Counseling and rehabilitation home: A nonmedical facility providing living facilities (either with or without board), recreational, counseling and other rehabilitative service to noninstitutionalized individuals of either sex, who require specialized attention and care in order to achieve personal independence. The facility must be approved by an appropriate local and/or state agency.

29.

Country club: An area of twenty (20) acres or more containing a golf course and a club house and available only to private specific membership. Such a club may contain adjunct facilities such as a private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.

30.

Density transfer of dwelling unit clustering: Within a planned unit development, this term refers to the substitution of common open space for private open space relinquished by waiver of minimum yard requirements for individual buildings. The average density in dwelling units per acre for the total planned unit development remains the same as permitted in the appropriate zoning district before the planned unit development designation is given. (See example 2.)

Example 2 — Density Transfer of Dwelling Unit Clustering

31.

District zoning: Any section or sections of the City of Crockett for which regulations governing the use of buildings and/or premises are described in Article 2 of this ordinance and as shown on the official zoning map of Crockett.

32.

Drive-in restaurant: Any establishment where food, and/or beverage is sold to the consumer, motor vehicle parking space is provided and where patrons are served in their respective vehicles.

33.

Dry cleaning or laundry: Any attended or unattended place, 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).

34.

Dwelling: Any building or portion thereof, which is designed or used as living quarters for one (1) or more families, but not including:

(A)

Mobile homes;

(B)

Recreational vehicles;

(C)

Industrialized buildings, which are defined as commercial structures that are:

(1)

Constructed in one or more modules or constructed using one or more modular components built at a location other than the site; and

(2)

Designed to be used or have been used as a commercial building.

Includes the structure's plumbing, heating, air conditioning, and electrical systems.

(D)

Relocatable educational facilities, which are defined as portable, modular buildings capable of being relocated, regardless of whether the facility is built at the installation site, that have been used or are designed to be used primarily as an educational facility for teaching the curriculum required under V.T.C.A., Texas Education Code, § 28.002; or

(E)

Accessory buildings.

Attached: a dwelling having any portion of each of one (1) or more walls in common with adjoining dwellings.

Detached: A dwelling having open space outside all exterior walls.

Single-family: A detached dwelling designed to be occupied by one (1) family.

Two-family: A dwelling designed to be occupied by two (2) families living independently of each other.

Multiple-family: A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of recreational vehicle camps, mobile home parks, hotels, motels, or resort facilities.

Townhouse or rowhouse dwelling: Three (3) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one (1) family.

35.

Easement: A right given by the owner of a parcel of land to another person, public agency or private corporation for a specific and limited use of that parcel.

36.

Family: One (1) or more persons related by blood or marriage including adopted children or a group of not to exceed five (5) persons not related by blood or marriage occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use.

37.

Family care facility for children: A facility which provides room, board, care and supervision of three (3) to seven (7) or more children, exclusive of a family unit of individuals related by blood, marriage or adoption, on a twenty-four-hour-a-day basis. Such group care facility must be licensed or supervised by the State of Texas and shall be limited to foster homes and homes for the temporary placement of children for evaluation.

38.

Fraternal lodge or service organization clubhouse: An enclosed space, room or structure used by a fraternal lodge or service organization for the purpose of holding organization related meetings, gatherings or social functions.

39.

Floor area:

Gross: The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of exterior walls or from the centerline of the walls separating two (2) buildings, and including, but not limited to, basements; elevator shafts and stairwells at each floor; attic space providing headroom of seven (7) feet or more; and accessory uses in enclosed space but excluding space used for off-street parking.

Net: The total floor area within a building devoted or intended to be devoted to a particular use, with structural headroom of seven (7) feet or more, whether above or below the finished lot grade.

40.

Floor area ratio: A mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located.

41.

Garage apartment: A dwelling unit for one (1) family erected in or above a private garage.

42.

Garage:

Private: An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.

Public: Any garage other than a private garage, available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration, hire or sale.

43.

Group care facility for children: A facility which provides room, board, care and supervision to eight (8) or more children, exclusive of a family unit of individuals related by blood, marriage or adoption, on a twenty-four-hour-a-day basis. Such group care facility for children must be licensed or supervised by the State of Texas and shall be limited to foster homes and homes for the temporary placement of children for evaluation.

44.

Homeowner's association: A formal nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeowner in a planned unit development or other described land area is automatically a member and (b) each lot may be subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintenance of common property, and (c) if unpaid, the charge may become a lien against the nonpaying homeowner's property.

45.

Reserved.

46.

Hospital: An institution providing health services primarily for human inpatient, medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.

47.

Hotel or motel: A building or group of buildings under one (1) ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied, as the temporary abiding place for persons who are lodged with or without meals for compensation, but not including a hospital or recreational vehicle camping area.

48.

Junk or salvage yard: A place where waste, discarded or salvaged metals and automobiles, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled, or cleaned, and places or yards for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel materials and equipment, this definition excludes establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture, and household equipment, and the processing of used discarded or salvaged materials as part of manufacturing operations.

49.

Kennels: A lot or premises on which four (4) or more dogs more than six (6) months of age are kept.

50.

Loading space: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. The minimum dimensions of the loading space must be scaled to accommodate the largest vehicle used for such pickups and deliveries, including vertical clearance. Required off-street loading space cannot be included as off-street parking space as required in the computation of such space for certain zoning districts.

51.

Corner lot: A lot on which at least two (2) adjacent sides abut for their full lengths on a street.

Lot width: The mean horizontal distance between the side lot lines.

Lot depth: The mean horizontal distance between the front and rear lot lines.

52.

Mobile home: A manufactured structure that includes plumbing, heating, and electrical systems, is transportable in one (1) or more sections, either on wheels attached to an axle on the unit or by truck and trailer, which, in travelling mode is eight (8) or more feet in width and forty (40) or more feet in length, or when erected on site has a width that is less than forty (40) percent of its length, whose undercarriage may require a permanent foundation or which may support the unit on its own, and which is designed to be used as a dwelling when connected to the required utilities.

53.

Mobile home park: Any development site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long-term occupancy of more than thirty (30) days for the placement of two (2) or more mobile homes including all buildings used or maintained for the use of the residents of the development. This term is not to be used in conjunction with any mobile homes or trailer sales lots which contain unoccupied units that are intended for purposes of inspection and sale.

54.

Mobile home pad area: An area designed for the exclusive use of an individual mobile home.

55.

Modular home: A manufactured structure that includes plumbing, heating, and electrical systems, is transportable in one (1) or more sections by truck and trailer, which, when secured on site, has a width that is not less than forty (40) percent of its length, whose undercarriage is designed to be set on a permanent foundation, and which is constructed to be used as a dwelling when connected to the required utilities.

56.

Motor truck: Any truck with a manufacturer's rated carrying capacity in excess of two thousand (2,000) pounds and which is used or maintained primarily for the transportation of property. "Light" trucks, pickup trucks, panel delivery trucks, and carryall trucks are not "motor trucks" under this definition.

57.

Neighborhood business: An activity carried out in a residential district which is secondary to the principal use of the building as a dwelling or which is the primary use of the building. Such an activity must not create any noise, odor, or electrical disturbance beyond the confines of the lot on which the activity is conducted and must not act as a traffic generator to the detriment of the neighborhood. In connection with a neighborhood business, there shall be no display of more than two (2) square feet in area attached to the main or accessory building. Activities such as beauty shops, professional offices, antique stores, tailoring and alteration services could be classified as a "neighborhood business" if they met this definition.

58.

Nonconformance: A lawful condition of a structure or land which does not conform to the regulations of the zoning district in which it is situated. This may include, but is not limited to, failure to conform to use, height, area coverage or off-street parking requirements.

59.

Nonconforming use: A structure or land lawfully occupied by a land use activity that does not conform to the regulations of the zoning district in which it is situated and which has been identified as a nonconforming use by the Crockett zoning board of adjustment.

60.

Open storage: The storage of any equipment, machinery, building materials, or commodities, including raw, semifinished, finished materials, the storage of which is not accessory to a residential use, which is visible from any point on the lot when viewed from ground level. Vehicular parking is not open storage.

61.

Parking space: A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. For purposes of this ordinance, the size of a parking space for one (1) vehicle consists of a rectangular area having dimensions of not less than eight (8) feet by eighteen (18) feet plus adequate area for ingress and egress.

62.

Planned unit development (PUD): An area with a specified minimum contiguous acreage to be developed as a single entity according to a unified site design plan, containing one (1) or more residential uses.

63.

Planning and zoning commission: The planning and zoning commission of Crockett, Texas.

64.

Private club: A building or portion of a building in which liquor-by-the-drink is served by permission of the Texas Alcoholic Beverage Commission to persons having membership in said club.

65.

Public: A recognized public agency, unit of government, or public utility.

66.

Recreational vehicle: A mobile unit built on a chassis and intended to be used generally for temporary living and sleeping quarters for travel, recreation and vacation purposes. The term includes travel trailers designed to be towed, motor homes designed as temporary dwellings equipped to travel under their own power, and any other portable contrivance intended to be used as temporary living and sleeping quarters which may be moved under its own power, towed or transported by another vehicle. This definition does not include mobile homes.

67.

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.

68.

Residential density: The number of lots, dwelling units, or persons located or residing within a residential density.

Gross density: The number of lots, dwelling units, or persons located within the total acreage of a residential area.

Net density: The number of lots, dwelling units, or persons located within the total acreage of a residential area, exclusive of street rights-of-way, easements, nonresidential land use sites, and acreage unsuitable for development.

69.

Setback: A distance between the lot line and the building line. (See example 1.)

70.

Specific use: A land use activity that may be appropriate within a designated zoning district but which must be reviewed by the planning and zoning commission and approved by the city council. The criteria for determining the appropriateness of a land use activity requiring a specific use permit is found in section 303 of this ordinance.

71.

Stable:

Private stable: A stable for private use with a capacity of not more than two (2) horses or mules.

Public stable: A stable, other than a private stable, with a capacity for more than two (2) horses or mules.

72.

Story:

Full Story: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and ceiling next above it.

Half story: A space under a sloping roof which has the line of intersections of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use. A half story containing independent apartments or living quarters will be counted as a full story.

73.

Street: Any public thoroughfare which affords the principal means of access between various land use activities.

74.

Structure: Anything constructed or erected, the use of which requires a location on the ground or an attachment to something located on the ground.

75.

Structural alteration: Any change in the supporting members of a building, such as bearing wall of partitions, column, beams, or girders, or any substantial change in the roof or in the exterior walls.

76.

Trailer:

Camping, recreational or travel trailer: See recreational vehicle.

Hauling trailer: A mobile unit to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

77.

Truck terminal: A building or area in which freight brought by motor truck is assembled and stored for shipment by motor truck. A truck terminal is a motor freight terminal.

78.

Truck stop: A building and/or area in which fuels, oils, and in some cases, accessories and minor parts, for motor trucks and commercial buses are sold. Restaurants, parking areas, and motor truck maintenance may also be associated with truck stops.

79.

Use permitted by right: A land use activity that does not require the review and approval of the planning and zoning commission or the city council unless otherwise specified.

80.

Yard: An open space on a lot between the lot line and the building line which is unoccupied by any building or part of a building line except for roof overhangs.

Front yard: The minimum depth of the front yard is the distance between the nearest point of the street-side wall of building; and the front line of the lot, or that line produced, measured at right angles of the front line of the lot.

Rear yard: The unoccupied space between the rear lot line and the building line, as specified for each zoning district, which is parallel to the front lot line.

Side yard: The unoccupied space between the side lot line and the building line, as specified in each zoning district, extending from the front yard to the rear yard.

81.

Zoning or code enforcement officer: The municipal employee who has been officially designated as the individual responsible for determining compliance with the regulations and policies found in this ordinance.

(Ord. No. O-5B-86, § 1, 5-19-86; Ord. No. 0-4-99, § 1, 4-5-99; Ord. No. O-01B-21, § I, II, 1-25-21)