For the purpose of this Ordinance, the following words and terms are hereby defined. Words used in the present tense include the future; words in the singular number include plural; and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" or "must" is mandatory and not directory; the term "used for" includes the meaning "designed for" or "intended for."

(1)

Accessory building or use: A subordinate building having a use customarily incident to and located on the lot occupied by the main building or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.

(2)

Alley: A public secondary way which is primarily used for vehicular service access to the back and side of properties otherwise abutting on a street.

(3)

Apartment: A room or suite of rooms in an apartment house arranged, designed, or occupied as the residence of a single family, individual, or group of individuals living together as a single housekeeping unit.

(4)

Apartment house: A building or a portion thereof arranged, designed or occupied by three or more families living independent of each other.

(5)

Basement: A story below the first story as hereafter defined; counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.

(6)

Boarding house or lodging house: A building other than a hotel, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transient.

(7)

Building: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons or chattels. Where dwellings are separated from each other by a wall without openings, the portion of such dwelling on each side of said wall shall be deemed a separate building.

(8)

Building inspector: Whenever used in this Ordinance, the term applies to any person designated as Building Inspector or authorized by the City Council to enforce and administer this Ordinance.

(9)

Clinic: A group of offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.

(10)

Curb level: The mean level of the curb in front of the lot, or in case of a corner lot, along with abutting street where the mean curb level is the highest.

(11)

District: A section of the City of Daingerfield for which the regulations governing the areas, heights, or uses of buildings are uniform.

(12)

Dwelling: A building or portion thereof, designed or used for residential occupancy, including one family, two family and multiple family dwellings, but not including boarding and lodging houses, hotels or tourist courts.

(13)

Dwelling, single-family or one-family: A detached building arranged or designed for occupancy by only one family.

(14)

Dwelling, two-family or duplex: A building arranged or designed for occupancy by two families living independently of each other.

(15)

Dwelling, multi-family: A single building or portion thereof, arranged or designed for occupancy by three or more families living independently of each other.

(16)

Family: One or more persons related either by blood or marriage living together as a single housekeeping unit, or a group unrelated by blood or marriage of not more than four persons living together as a single housekeeping unit.

(17)

Filling station or gasoline station: Any building or premises used solely or principally for the storing, dispensing, sale or offering for sale at retail of any motor fuels, lubricants, or motor vehicle accessories.

(18)

Frontage: The length of property abutting on one side of a street measured along the dividing line between the property and the street.

(19)

Frozen food locker room: A building for the purpose of storing processed foods or dressed meats at low temperature. The slaughtering, dressing, or packing of animals, poultry or fish is specifically excluded from this definition.

(20)

Garage, private: An accessory building for storage of motor vehicles.

(21)

Garage, public: A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles for remuneration.

(22)

Garage, storage: A building or portion thereof designed or used exclusively for housing four or more motor driven vehicles.

(23)

Garage, mechanical: Any premises where automotive vehicles are mechanically repaired, rebuilt, or constructed.

(24)

Guest house: Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities, or separate utilities and not rented or otherwise used as a separate dwelling.

(25)

Height of building: The vertical distance measured from the highest of the following grades: From the average curb grade; From the established or mean street grade, in case a curb has not been constructed; From the average finished ground level adjoining the building if it sets back from the street line; To the highest point of the roof's surface if a flat surface or to the deck line of mansard roofs, or to the mean height level between eaves and ridge for hip or gable roofs. In measuring the height of a building, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes, or spires, and parapet walls not exceeding four feet in height.

(26)

Home occupations: Any occupation or profession engaged in by the occupants of a dwelling not involving the conduct of a retail business, and not including any occupation conducted in any building on the premises excepting the building which is used by the occupant as his or her private dwelling. Home occupations shall include, in general, personal services such as furnished by an architect, lawyer, physician, dentist, musician, artist, and seamstress, when performed by the person occupying the building as his or her private dwelling and not employing more than one assistant in the performance of such services.

(27)

Lot: A parcel of land occupied or intended to be occupied by a building and its accessory buildings and including such open spaces as are required under this Ordinance, and having its principal frontage upon a public street or officially approved place.

(28)

Reserved.

(29)

Reserved.

(30)

Lot, corner: A lot abutting upon two or more streets at their intersection.

(31)

Lot, interior: A lot whose side lines do not abut upon any street.

(32)

Lot, through: An interior lot having frontage on two streets.

(33)

Lot lines: The lines bounding a lot as defined herein.

(34)

Lot lines, front: The boundary between a lot and the street on which it fronts.

(35)

Lot lines, rear: The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the building inspector shall determine the rear line.

(36)

Lot line, side: Any lot boundary line not a front or rear line thereof; a side line may be a party lot line, a line bordering on an alley or place or side street line.

(37)

Lot, depth of: The distance from the front street line to the rear line measured in the mean direction of the side lot lines.

(38)

Lot width: The horizontal distance between side lines, measured at the front building line, as established by the minimum front yard requirement of this Ordinance.

(39)

Nonconforming use: A building or premises existing legally at the time of the passage of this Ordinance which does not by reason of use conform to the use regulations of the district in which it is situated.

(40)

Place: An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.

(41)

Setback: The minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the street line.

(42)

Stable, Private: An accessory building for the keeping of horses, ponies, mules, and to include all other livestock and fowls owned by occupants of the premises, and not kept for remuneration, hire, or sale.

(43)

Stable, Public: A stable other than a private stable as defined herein.

(44)

Story: That part of the building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface, not more than four feet above the curb level, established or mean street grade, or average ground level, as mentioned in "Height of building" of this section.

(45)

Story, half: A story having an average height of not more than eight feet, covering a floor area of not more than 75 percent of the area of the floor on the first floor below.

(46)

Street: A public thoroughfare which affords the principal means of access to abutting property.

(47)

Street line: The dividing line between the street and the abutting property.

(48)

Structure: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards and poster panels.

(49)

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

(50)

Studio: A place for instruction in or practice of the fine arts, such as music, dancing, painting, dramatics, handcrafts and sculpturing.

(51)

Tourist court: (Auto courts, motels, or motor lodges) A group of attached, semi-detached, or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer term rental rates, and maintaining a register of guests and/or their vehicles.

(52)

Trailer camp: A lot where facilities and accommodations are provided by the day, week, month, or for a longer period of time, for or without compensation, for two or more house cars or trailer cars, when such house cars or trailer cars are being used for human habitation.

(53)

Yard: An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Ordinance.

(54)

Yard, front: An open space, unoccupied by building, across the full width of the lot extending from the front line of the building to the front street line of the lot.

(55)

Yard, rear: An open space, unoccupied, except by an accessory building or structure as hereinafter permitted, extending the full width of the lot between a principal.

(56)

Yard, side: An open unoccupied space on the same lot with the building between the main building and the adjacent side of the lot, and extending entirely from the front yard to the rear yard thereof.

For the purpose of regulating and restricting the use of land and the location of buildings designed for specific uses and regulating and limiting the height of buildings hereafter erected or altered, and regulating and determining the area of yards, courts, and other open spaces in connection with buildings hereafter erected or altered, the City of Daingerfield, Texas, is divided into eight types of districts. The use, height, and area regulations are uniform in each class of district. The districts shall be known as:

"A" FIRST SINGLE FAMILY DWELLING DISTRICT.

"B" SECOND SINGLE FAMILY DWELLING DISTRICT.

"B-1" SECOND SINGLE FAMILY DWELLING DISTRICT.

"C" DUPLEX FAMILY DWELLING DISTRICT.

"D" MULTI-FAMILY DWELLING DISTRICT.

"E" GENERAL BUSINESS DISTRICT.

"F" CENTRAL BUSINESS DISTRICT.

"G" LIGHT INDUSTRIAL DISTRICT.

"H" HEAVY INDUSTRIAL DISTRICT.

HISTORICAL (OVERLAY) DISTRICT "H."

The boundaries of the districts as enumerated above are hereby established and adopted as shown on the Zoning District Map of the City of Daingerfield, Texas, which map is attached to and made a part of this Ordinance. The said Zoning District Map of the City of Daingerfield, Texas, and all notations, references, and information shown thereon are hereby made as much a part of this Ordinance as if the same were set forth in full herein. It shall be the duty of the City Secretary to keep on file in his office an authentic copy of said map, showing all the changes, amendments, or additions thereto.

When definite distances in feet are not shown on the Zoning District Map, the district boundaries are intended to be along existing streets, alleys, or platted lot lines or extensions of same; and if the exact location of such lines are not clear, it shall be determined by the City Building Inspector, due consideration being given to location as indicated by scale on the Zoning District Map.

Whenever any street or alley is vacated, the particular district applying to property fronting on any such street shall automatically be extended to the centerline of any such street or alley.

All territory which may hereafter be annexed to the City of Daingerfield, shall automatically be classed as lying and being in District A-1 until such classification shall have been changed by an amendment to the Zoning Ordinance as provided by law.

Except as hereinafter provided: No building or structure shall be erected, moved, reconstructed, or structurally altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.

No building or structure shall be erected, moved, extended, enlarged, reconstructed or structurally altered to exceed the height or area limit herein established for the district in which such building or structure is situated.

No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Ordinance, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.

The following regulations shall apply to the "A" First Single Family Dwelling District.

USE REGULATIONS: No building or land shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the following uses:

(1)

Single family or one-family dwelling.

(2)

Churches and publicly owned and operated community buildings, public museums, public administrative buildings, public libraries, police stations, and fire stations, if located in accordance with at least one of the following:

A.

On a lot already devoted to the use for which the building permit is requested.

B.

On a lot having a side line common to a public park, playground, or cemetery, or directly across a street from any one or combination of said uses.

C.

On a corner lot having a minimum of 100 feet frontage.

D.

On a lot three sides of which adjoin streets.

E.

On a lot approved by the Zoning Commission, subject to final approval by the City Council, following public hearing, as being a location where such building will not materially injure neighboring property for residential uses.

(3)

Hospitals, clinics, and sanitariums, excepting tubercular, liquor, narcotic, insane, and feeble-minded, or animal hospitals and clinics.

(4)

Public parks, playgrounds, golf courses, public recreation and community buildings, except miniature golf courses, driving ranges, and other similar activities, operated as a business.

(5)

Telephone Service: Central office buildings of corporations, firms or individuals engaged in the furnishing of telephone service to the public, including any equipment in connection with such buildings, or a part of such telephone system necessary in the furnishing of telephone service to the public.

(6)

Agriculture, nurseries, and truck gardens limited to the propagation and cultivation of plants; provided no retail or wholesale business shall be conducted upon the premises, and provided that no obnoxious fertilizer is stored upon the premises, and no obnoxious soil or fertilizer renovation is conducted thereon.

(7)

Railroad and public right-of-way.

(8)

Accessory Use: Accessory use, including parking areas, customarily incident to the above use and located on the same lot therewith, not involving the conduct of a business or industry.

A.

Term accessory use shall include customary home occupation such as the office of physician, dentist, surgeon, dressmaker, musician, or artist, (not including barbers or beauticians) under the following restrictions:

1.

That such uses are located in the dwelling used by a person as his or her private residence.

2.

That no assistant other than a member of the family household is employed, and no window display or sign, either illuminated or more than one square foot in area is used to advertise the same.

3.

That no power other than electric is used in any machine, and providing such use is not obnoxious or offensive by reasons of vibrations or noise.

(9)

Signs: A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except that the placing of an unilluminated "For Sale" or "For Rent" sign not more than eight square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities, and services therein provided, and that during construction of a building one unilluminated sign showing the names of contractors or architects for such buildings shall be permitted, providing such sign shall not be more than eight square feet in area, and shall not be more than five feet in front of the established or customary building line, and such sign shall be removed immediately upon completion of the building.

(10)

Accessory Building: For any dwelling house there shall be permitted one private garage with space for not more than one motor vehicle for each 2,000 square feet of lot area, or servants' quarters, provided that such garage or servants' quarters shall be located not less than 60 feet from the front lot line, nor less than five feet from any alley line, except that when the rear lot line is common to a side or rear lot line of another lot, such outbuilding must be located a minimum of five feet from said rear lot line, and in the case of corner lots not less than the distance required for the residences from side streets; and further provided that such servants' quarters shall be occupied only by servants employed on the premises. A garage may be constructed across a common lot line by mutual agreement between property owners; such mutual agreement shall be committed to writing with such dignity and formality as to entitle it to recordation in the deed records. Said agreement must be presented with the application for permit and a notation entered thereon signed by the Mayor and attested by the City Secretary, approving same. Same shall be then recorded in the Deed Records, Morris County, Texas. A garage or servants' quarters constructed as integral part of the main building shall be subjected to the regulations affecting the main building except that on a corner lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than 18 feet from the rear lot line, and shall not occupy more than 30 percent of the required rear yard. No part of a detached accessory building shall be closer than ten feet to the main building.

(11)

Stable, Private: A private stable will be allowed on a lot having an area of more than 20,000 square feet, providing that it is located not less than 100 feet from the front lot line and not less than 30 feet form any side or rear lot line. On such lots there shall not be kept more than one horse, pony or mule for each 10,000 square feet of lot area, and one cow, or in lieu thereof one head of any other livestock for each 20,000 square feet of lot area. No fowl shall be kept or housed nearer than 100 feet to the front lot line, or 30 feet from any side or rear line.

(12)

Temporary real estate sales office, located on property being sold and limited to period of sale, but not exceeding two years without special permit from the Board.

(13)

A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation, provided that the articles produced or constructed are not sold either on or off the premises, and provided that such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, and fumes.

HEIGHT REGULATIONS: No building shall exceed two and one-half stories or 35 feet in height.

YARD AND AREA REGULATIONS:

(1)

Front Yard: There shall be a front yard along each street line of the lot. The minimum depth of a front yard, except along the side line of a corner lot, shall be 25 feet, provided that if 25 percent of a block frontage is improved with buildings, the front yard shall extend to the alignment of such existing buildings.

(2)

Side Yard: No main building shall be constructed nearer than five feet from any side or rear lot line.

Accessory Buildings: No accessory buildings or structures shall be constructed or erected nearer than five feet from any side or rear lot line.

(3)

Rear Yard: The depth of the rear yard shall not be less than 30 percent of the depth of the lot, but such depth need not be more than 40 feet.

(4)

Width of Lot: The minimum width of a lot shall be 70 feet at the front building line.

(5)

Lot Area: The minimum area of lots in said Single Family Dwelling District where sanitary sewer is not available, shall be 10,000 square feet for each single-family dwelling; where said sewer is available and said dwelling is attached thereto the minimum area of lots shall be 7,800 square feet.

(6)

Corner Lots: The main building in a single-family district shall be constructed fronting on the street upon which the lot as originally dedicated fronts, where corner lots or interior lots have been platted or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Ordinance, to less than 25 feet and provided that the side yard regulations above shall be observed.

CONSTRUCTION REQUIREMENTS: Construction of all buildings in the single-family dwelling district shall be in accordance with the provisions of the building code of the City of Daingerfield, Texas, now in effect and as hereinafter amended, or may hereafter be promulgated.

The following regulations shall apply to the "B" Second Single Family Dwelling District.

USE REGULATIONS: No buildings or land shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the following uses:

Any use permitted in the "A" First Single Family Dwelling District, subject to all conditions and regulations set out therein, unless otherwise specified hereunder.

HEIGHT REGULATIONS: No building shall exceed two and one-half stories or 35 feet in height.

YARD AND AREA REGULATIONS:

(1)

Front Yard: There shall be a front yard along each street line of the lot. The minimum depth of a front yard, except along the side line of a corner lot, shall be 25 feet, provided that if 25 percent of a block frontage is improved with buildings, the front yard shall extend to the alignment of such existing buildings.

(2)

Side Yard: No main building shall be constructed nearer than five feet from any side lot line.

Accessory Buildings: No accessory buildings or structures shall be constructed or erected nearer than four feet from any side or rear lot line.

(3)

Rear Yard: The depth of the rear yard shall not be less than 25 percent of the depth of the lot, but such depth need not be more than 30 feet.

(4)

Width of Lot: The minimum width of a lot shall be 70 feet at the front building line, provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Ordinance, this regulation will not prohibit the erection of one single-family dwelling.

(5)

Minimum Area: The minimum area of lots in said Single Family Dwelling District where sanitary sewer is not available, shall be 10,000 square feet for each single-family dwelling; where said sewer is available and said dwelling is attached thereto, the minimum area of lots shall be 5,000 square feet.

(6)

Corner Lots: The main building in a single-family district shall be constructed fronting on the street upon which the lot as originally dedicated fronts, where corner lots or interior lots have been platted or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Ordinance, to less than 25 feet, and provided that the side yard regulations above shall be observed.

CONSTRUCTION REQUIREMENTS: Construction of all buildings in the single-family dwelling district shall be in accordance with the provisions of the Building Code of the City of Daingerfield, Texas, now in effect and as hereinafter amended, or may hereafter be promulgated.

The Daingerfield Zoning Ordinance is hereby amended to include a new zoning district to be known as "B1" (B-ONE). This district will not be any different from the "B" District that is established; except that "B1" District will allow mobile homes either on an individual basis or as a mobile home park addition. The entire area of the Connor-Henley Subdivision as recorded on Slide 8 (formerly Volume 1, Page 9) of the Deed Records of Morris County, Texas, except the South Park Village property, will be known as "B-1" Zoning District. Any lots in the Connor-Henley Addition that have been annexed into the City as Zone "A" are hereby rezoned "B-1."

The following regulations shall apply to the "C" Duplex Family Dwelling District.

USE REGULATIONS: No building, or land shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the following uses:

Any use permitted in the "B" second single-family dwelling district subject to all conditions and regulations set out therein, unless otherwise specified hereunder.

(1)

Duplex or two family dwellings.

(2)

Garage apartments.

(3)

Funeral home or mortuary.

HEIGHT REGULATIONS: No building shall exceed two and one-half stories or 35 feet in height.

YARD AND AREA REGULATIONS:

(1)

Front Yard: There shall be a front yard along each street line of the lot. The minimum depth of a front yard, except along the side line of a corner lot, shall be 25 feet; provided that, if 25 percent of a block frontage is improved with buildings, the front yard shall extend to the alignment of such existing buildings.

(2)

Side Yard: No main building shall be constructed nearer than four feet from any side lot line.

Accessory buildings: No accessory buildings or structures shall be constructed or erected nearer than four feet from any side or rear lot line.

(3)

Rear Yard: The depth of the rear yard shall not be less than 25 percent of the depth of the lot, but such depth need not be more than 30 feet.

(4)

Width of Lot: The minimum width of a lot shall be 100 feet, at the front building line, provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Ordinance, this regulation will not prohibit the erection of one single-family dwelling.

(5)

Lot Area: The minimum lot area in Duplex Family Dwelling Districts where sanitary sewer is not available, shall be 16,000 square feet for each duplex dwelling; where said sewer is available and said dwelling is attached thereto, the minimum area of lots shall be 10,000 square feet.

(6)

Corner Lots: A duplex constructed upon a corner lot may have one unit fronting on the side street and one unit fronting on the dedicated front street, providing the minimum front yard requirement is met on the side street and the front street; otherwise, when both units face on the originally dedicated front street, and where corner lots or interior lots have been platted or sold fronting on the side street, such main building may project not more than ten feet in front of the line established for the building by the front yard requirements for the interior lots on the side street, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Ordinance to less than 25 feet, and provided that the side yard regulations above shall be observed.

CONSTRUCTION REQUIREMENTS: Construction of all buildings in the Duplex Family Dwelling District shall be in accordance with the provisions of the Building Code of the City of Daingerfield, Texas, now in effect and as hereinafter amended, or may hereafter be promulgated.

The following regulations shall apply to the "D" Multi-Family Dwelling District.

USE REGULATIONS: No building or land shall be used, and no building shall be hereafter erected, structurally altered, or enlarged except for following uses;

Any use permitted in the "C" Duplex Family Dwelling District subject to all conditions and regulations set out therein, unless otherwise specified hereunder.

(1)

Multi-family dwellings or apartments.

(2)

Boarding or lodging houses and rest homes.

(3)

Private clubs, and lodges excepting those the chief activity of which is a service customarily carried on as a business.

(4)

Institution of religious, educational or philanthropic nature.

HEIGHT REGULATIONS: No building shall exceed two and one-half stories or 35 feet in height.

YARD AND AREA REGULATIONS:

(1)

Front Yard: There shall be a front yard along each street line of the lot. The minimum depth of a front yard, except along the side line of a corner lot, shall be 25 feet; provided that, if 25 percent of a block frontage is improved with buildings, the front yard shall extend to the alignment of such existing buildings.

(2)

Side Yard: No main building shall be constructed nearer than four feet from any side lot line.

Accessory building: No accessory buildings or structures shall be constructed or erected nearer than four feet from any side or rear lot line.

(3)

Rear Yard: The depth of the rear yard shall not be less than 25 percent of the depth of the lot, but such depth need not be more than 25 feet.

(4)

Lot Width: The minimum width of a lot shall be 100 feet at the front building line, provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Ordinance, this regulation will not prohibit the erection of one single-family dwelling.

(5)

Lot Area: The minimum lot area for buildings constructed in this district shall be as follows:

One-family and two-family dwellings—10,000 square feet. No septic tank allowed.

For multiple dwellings containing three or more dwelling units, there shall be provided a minimum of 2,000 square feet of lot area for each unit.

(6)

Corner Lots: A multiple family dwelling constructed upon a corner lot may have entrance on both the dedicated front street and the side street, providing the minimum front yard requirement is met on both the side street and front street; otherwise, when such unit faces the originally dedicated front street, and where corner lots or interior lots have been platted or sold fronting on the side street, such main building may project not more than ten feet in front of the line established for the building by the front yard requirements for the interior lots on the side street; provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot, in separate ownership at the time of the passage of this Ordinance, to less than 25 feet, and provided that the side yard regulations above shall be observed.

CONSTRUCTION REQUIREMENTS: Construction of all buildings in the Multiple Family Dwelling District shall be in accordance with the provisions of the Building Code of the City of Daingerfield, Texas, now in effect and as hereinafter amended, or may hereafter be promulgated.

The following regulations shall apply to the "E" General Business District.

USE REGULATIONS: No building or land shall be used and no building shall be hereafter erected, structurally altered, or enlarged except for the following uses:

(1)

Any use permitted in the "D" Multiple Family Dwelling District subject to all conditions and regulations set out therein, unless otherwise specified hereunder.

(2)

Advertising signs, when the same are attached to a building and advertise only services, articles or products which are offered within the building to which such sign is attached, and provided that such signs shall not extend above the outside walls of such building, nor shall such sign's innermost edge be more than one foot from the face of the wall to which it is attached to such building, nor the outermost edge be more than four feet from the face of such wall. In no case shall such attached sign exceed 18 square feet in area; one free standing sign not to exceed 24 feet in height will be allowed within the front yard, provided that such sign does not exceed 30 square feet in area; that all of such signs, attached to wall or free standing, shall be so constructed, braced, and anchored, as to prevent them from breaking loose. Provided however, upon application duly made by any person, the city council may authorize the erection of larger signs if it finds that such signs will not constitute or cause a traffic hazard or block the view of any other person, firm or corporation.

(A)

Advertising signs, when lighted, shall not be of such intensity or brilliance to cause glare or to impair the vision of the driver of any vehicle.

(B)

Advertising signs, when lighted, shall not interfere with the effectiveness of or obscure an official traffic sign, signal, or device.

(3)

Any retail store or shop offering merchandise or services at retail to the general public.

(4)

Automobile parking lots.

(5)

Amusement places, bowling alleys.

(6)

Automobile sales room and service facilities.

(7)

Automobile repair garage, provided that no mechanical or body work shall be done except in an enclosed building.

(8)

Bakery employing not more than five persons.

(9)

Barber and beauty shops employing not more than five persons each.

(10)

Cleaning, pressing, and dyeing plants employing not more than five persons each.

(11)

Clubs, except those selling or serving alcoholic beverages as defined by the Alcohol Beverage Code.

(12)

Drugstores.

(13)

Garage, storage and mechanical.

(14)

Gasoline and oil filling stations, provided all storage tanks for gasoline shall be below the surface of the ground; that such stations shall comply with any and all regulations pertaining thereto that may be established by ordinance, or any requirement as to depth of tanks, distance from street line, and property line of such tanks, or that may be required by the City building official or fire marshal in pursuance of safety and good fire prevention practice.

(15)

Laundries employing not more than five persons on the premises.

(16)

Laundries—Self service.

(17)

Lodge halls.

(18)

Ice retail distributing station, no manufacture, capacity not to exceed five tons storage.

(19)

Job printing, provided total mechanical power used in the operation of such printing plant shall not exceed five horsepower.

(20)

Motels, tourist, and trailer courts.

(21)

Offices, business or professional.

(22)

Radio and TV shops.

(23)

Real estate office.

(24)

Restaurants, cafes, and cafeterias, except such establishments selling or serving alcoholic beverages as defined by the Alcohol Beverage Code.

(25)

Studios.

(26)

Used car sales.

(27)

Washaterias.

HEIGHT REGULATIONS: No building shall exceed two and one-half stories or 35 feet in height.

YARD AND AREA REGULATIONS:

Front Yard or Setback: There shall be a setback along the front line of the lots. The minimum depth of such setback shall be 20 feet measuring from the outermost edge of the front sidewalks.

Side Yard: For uses permitted in the "D" district, the side yard regulations for that district shall apply. For additional uses permitted in the "E" district, no side yards are required except that on a corner lot, there shall be a setback of not less than 20 feet measuring from the outermost edge of the sidewalk of such building.

Rear Yard: For uses permitted in the "D" district, the rear yard shall be the same as in the "D" district. For all other uses, a rear yard is not required except when it abuts upon an "A," "B," "C," or "D" district, in which case there shall be a rear yard of not less than ten feet.

Lot Width: For uses permitted in the "D" district, the minimum lot width shall be 50 feet. There is no minimum width regulation for other uses.

Lot Area: The minimum lot area for "D" district shall be the same as in the "D" district. There are no minimum lot area requirements for other uses.

All buildings erected in the general business district that are to be used for dwelling purposes shall comply with the height, width, area, minimum lot, and dwelling area per family and front, side, and rear yard, requirements as herein provided in that specific district.

(Ord. No. 2013-04, 11-11-2013)

The following regulations shall apply to the "F" Central Business District.

USE REGULATIONS: No building or land shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the following uses:

(1)

Any use permitted in the "E" Central Business District subject to all conditions and regulations set out therein, unless otherwise specified hereunder.

(2)

Such retail, business, commercial, professional, service or wholesale establishments as are normally found in the central retail business district of a downtown area and whose use or performance is not noxious or offensive because of odors, smoke, dust, noise, fumes, or vibrations.

(3)

Banks.

(4)

Bus terminals.

(5)

Health studios.

(6)

Hotels.

(7)

Laundries—Employing more than five persons.

(8)

Job printing.

(9)

Storage in bulk, or warehouse for such material as household goods, clothing, drugs, glass, dry goods, furniture, hardware, groceries, millinery, and shop supplies.

(10)

Newspaper.

(11)

Radio station.

(12)

Wholesale sales room.

(13)

Theater.

(14)

Any retail business or commercial establishment serving alcoholic beverages as determined by the Alcohol Beverage Code or any such establishment engaged in retail or commercial sales of alcoholic beverages.

HEIGHT REGULATIONS: There are no height regulations or restrictions in "F" District.

All buildings erected in central business district that are to be used for dwelling purpose shall comply with the height, width, area, minimum lot, and dwelling area per family by front, side, and rear yard requirements as herein provided in that specific district.

YARD AND AREA REGULATIONS: There are no front yard, side yard, rear yard, lot width, lot area, regulations as to minimum or maximum for the central business district except buildings erected for dwelling purposes which regulation is set out heretofore in "E" GENERAL BUSINESS of this section; although these restrictions for family dwelling shall not apply to hotels.

The following regulations shall apply to the "G" Light Industrial District.

USE REGULATIONS: No building or land shall be used and no building shall be hereafter erected, structurally altered, or enlarged, except for the following uses:

(1)

Any use permitted in the "F" Central Business District subject to all conditions and regulations set out therein, unless otherwise specified hereunder.

(2)

Such primarily non-retail light industrial or light manufacturing or storage uses not included in the "F" district and/or where there is some degree, but not excessive, noxious or offensive characteristics due to emission of odor, dust, smoke, gas, fumes, noise, or vibration.

(3)

Assembly plants.

(4)

Bakeries, large.

(5)

Blacksmithing.

(6)

Body and paint shops.

(7)

Bottling works.

(8)

Building materials storage yards.

(9)

Bulk storage.

(10)

Canning or food preserving.

(11)

Cleaning, dyeing and pressing works.

(12)

Cold storage.

(13)

Creameries.

(14)

Electroplating.

(15)

Engraving.

(16)

Feed and flour mills.

(17)

Frozen food locker room.

(18)

Grain elevators.

(19)

Garage, mechanical.

(20)

Laboratories.

(21)

Light manufacturing concerns.

(22)

Lumber yards.

(23)

Machine shops.

(24)

Meat processing, no slaughter.

(25)

Monument works.

(26)

Planing mills.

(27)

Power plants.

(28)

Produce markets.

(29)

Repair facilities, heavy.

(30)

Sheet metal shops.

(31)

Spray painting.

(32)

Storage terminals, heavy.

(33)

Warehouses.

(34)

Welding shops.

Accessory uses customarily and incident to any of the above uses.

HEIGHT REGULATIONS: There are no height regulations or restrictions.

YARD AND AREA REGULATIONS: All buildings erected in "G" Light Industrial District that are to be used for dwelling purposes shall comply with the height, width, area, minimum lot, and dwelling area per family and by front, side, and rear yard requirements as herein provided in that specific district.

The following regulations shall apply to the "H" Heavy Industrial District.

USE REGULATIONS: Any building or premises may be used for any purpose not in conflict with any Ordinance of the City of Daingerfield; provided, however, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of each use shall have been approved by the City Council following a recommendation by the City Planning Commission:

(1)

Acid manufacture.

(2)

Cement or lime manufacture.

(3)

Distillation of bones.

(4)

Explosive manufacture or storage.

(5)

Fat rendering.

(6)

Garbage, offal or dead animal incineration, reduction or dumping.

(7)

Glue manufacture.

(8)

Petroleum refinery and wholesale.

(9)

Slaughter and dressing of animals (not including poultry or rabbits).

(10)

Stockyards.

(11)

Wholesale storage of gasoline or other petroleum products in car lots or more aboveground.

HEIGHT REGULATIONS: There are no height regulations or restrictions.

YARD AND AREA REGULATIONS: All buildings erected in "H" Heavy Industrial District that are to be used for dwelling purposes shall comply with the height, width, area, minimum lot, and dwelling area per family and by front, side, and rear yard requirements as herein provided in that specific district.

(a)

Definition. The terms "historical district" or "historical site" shall mean any site, district, area, building or structure of historical, archaeological or cultural importance or value which the City Council determines shall be protected, preserved or enhanced in the interest of culture, prosperity, education and welfare of the people.

(b)

Designation. The City Council may designate certain sites, districts, areas, buildings or structures in the City of Daingerfield as historical districts or sites and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning designation of those areas, sites, districts, buildings or structures as may be designated as historical districts or sites. Such designation shall be in addition to any other use designation established by City Zoning Ordinances. All Zoning Maps shall reflect the historical site or district by the letter "H" as a suffix to the use designated.

(c)

Criteria. In determining the historical district or site the City Council shall consider one or more of the following:

(1)

Character, interest or value as part of the development, heritage or cultural characteristics of the City of Daingerfield.

(2)

Location, as the site of a historical event.

(3)

Embodiment of distinguishing characteristics of an architectural type or specimen.

(4)

Relationship to other distinctive buildings, sites, districts or structures which are historically significant and preserved, or which are eligible for preservation.

(5)

Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City.

(6)

Value as an aspect of community sentiment or public pride.

(7)

Identification with a person who significantly contributed to the development or culture of the City.

APPLICATIONS AND PERMITS:

(a)

It shall be unlawful for any person or entity to erect a structure or make any external alterations or external repairs of any substantial* nature (to include such as color changes and sign erection) in any manner whatsoever to any area, district, site, building or structure within the confines of a designated zoned historical site or district without first obtaining a permit as provided herein.

*Note—Substantial means that which would alter the architectural appearance and basic architectural design of any building, structure, site, area or district within the Historic District.

(b)

Applicants for permits under this section must file with the City Secretary, or his designated agent, an application in writing which shall give the following information:

(1)

Name of applicant and property owner.

(2)

Mailing address of applicant and permanent address of property owner.

(3)

Location of property to be altered or repaired.

(4)

A detailed description of the nature of the proposed building or external alteration or repair to be completed.

(5)

The intended and desired starting date and completion date of the alterations or repairs to be made.

(6)

A drawing or sketch of the proposed external alteration, if applicable.

(c)

Upon receipt of the application for a permit under this section, the City Secretary, or his designated agent, shall determine the compliance thereof with other city building codes, restrictions and ordinances.

(d)

Incomplete or applications not in compliance with City building codes, restrictions and ordinances shall be returned to the applicant for completion and compliance.

(e)

The City Secretary shall investigate and approve or disapprove the application within seven business days. Should an application be disapproved, a written report as to the reasons therefor shall be prepared by the City Secretary, or his designated agent, and shall thereafter be returned to the applicant within three business days. Upon approval of the application, the City Secretary, or his designated agent, shall issue a building permit authorizing the external alterations or repairs within three business days from time of notice and receipt of approval.

(f)

Any applicant may, upon having an application rejected [or] disapproved, appeal the same to the City Council at any regular or special meeting of the City Council. The City Council shall review the application and approve or disapprove the same and such finding and the ruling of the City Council shall be binding upon all parties.

PENALTY: Any person found in violation of any provision of this section shall be deemed guilty of a misdemeanor and punished by a fine not exceeding $50.00, and if such violation be continuing, each day's violation shall be a separate offense.

DAINGERFIELD HISTORICAL DISTRICT: The City Council hereby designates the Daingerfield Historical District, the confines being the following tracts of land situated in the city limits in the City of Daingerfield, Morris County, Texas, according to the recorded plats of said city as stated below:

Blocks 15, 16, 17, 18, 19, 20, 21, 22, 22a, 23, 24, 24a, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 of the Old Daingerfield Township, also known as Old Town; Blocks 1, 2, 3, 4, 5, 5a, 6, 6a, 7, 7a, 8, 9, 10, 11, 12, 12a, 12x, R, R-1, Q, Q-1, T, T-1, S, S-1, A, B, 19, 19a, 19b, 19c, 19d, 1BB, 2BB, 29, 29a, 30, 31, 32, 32a, 35a, 35b, 35c, 36, 36a, 36b, 36c, 37c, 37b, 38a, 39b, 40a, 40B, X0, X01, X02, X03, X04, X05, X06, 107 of the College Plat Addition to the City of Daingerfield; Blocks 1 and 2 of the McMurray Addition to the City of Daingerfield; Blocks 1 and 2 of the Mars Addition to the City of Daingerfield.

This district shall be zoned "H" and shall be subject to the provisions of this section as hereinabove appearing.

OTHER HISTORICAL DISTRICTS OR SITES:

(a)

Any person or entity may request a historical zoning designation for property owned by such person or entity by submitting an application in triplicate therefor to the City Secretary or his designated agent stating the following:

(1)

Name and permanent mailing address of applicant.

(2)

Location of the property.

(3)

The reasons for requesting the historical district or site designation.

(b)

Upon receipt of such application, the City Secretary shall submit one copy of such application to the City Zoning Commission Chairman who shall present and review the application at the next scheduled meeting of the City Zoning Commission. A majority vote of the members of the City Zoning Commission shall confirm or reject such application. Upon confirmation, the applicant shall present the historical zoning designation ordinance to the City Council for approval following the procedure set forth therefor under other City Zoning Ordinance requirements. Should such application be rejected, applicant may appeal the same to the City Council as heretofore set forth in Section IV(f) of Ordinance No. 86-1 ["Applications and Permits," above].

(c)

The City Council may designate any property within the city limits as a historical site or district if within the discretion of the City Council such property is deemed to have historical, cultural, archaeological or educational value which reflects the heritage of the community.

(Ord. No. 2002-03, 5-20-2002)

USE REGULATIONS: All buildings hereafter erected in a dwelling district shall be built to face the front of the lot as shown on the plat of record, and none shall be built to face the rear or side line of the property.

(1)

No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.

(2)

Railroad Right-of-Way: On all existing right-of-way of railroad companies, regardless of the zoning district in which such right-of-way is located, railroad trackage and accessories to railroad movement may be constructed or maintained.

HEIGHT REGULATIONS:

(1)

Public, semi-public or public service buildings, hospitals, sanitariums, or schools, when authorized in a district may be to a height not exceeding 60 feet, provided that such buildings shall be set back one additional foot on all sides for each additional foot that such building exceeds the specified height limit as established by the regulation of the district in which such building is situated.

(2)

Dwellings in "A," "B," "C," and "D" Districts may exceed the established height limit when two side yards of not less than 15 feet each are provided, but such dwellings shall not exceed three stories in height.

(3)

Chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, flour mills, monuments, stacks, or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted Ordinances of the City of Daingerfield, provided that in the absence of any such Ordinance, there shall be no height limitation of these structures.

AREA REGULATIONS:

(1)

In a district in which commercial and industrial buildings are built with one or more stories for residential purpose above the commercial or industrial uses, no side yards will be required for the residential portions of the building, provided that the part of the building intended for residential use is not more than two rooms deep from the front to rear.

(2)

No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings except for necessary buildings in the rear yard and except the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features which may project into such yards a distance of not more than two feet.

(3)

Open, unenclosed porches, platforms, or landing places not covered by a roof or canopy and which do not extend above the level of the first floor of the building may extend or project into the front or side yard not more than eight feet.

(4)

On any lot separately owned at the time of the passage of this ordinance, a single-family dwelling may be erected even though the lot may be of less width or area than required by the regulations of the area district in which it is located, provided the required yard regulations are observed. A lot shall be considered as separately owned even though it adjoins another lot or lots belonging to the same owner in case it fronts on a different street from such other adjoining lot or lots.

(5)

Front Yard: In the "A," "B," "C" and "D" districts where 25 percent of a block frontage on the same side of the street is improved with conforming buildings, the front yard of all lots in said block shall extend to the average line of such existing buildings, unless such alignment is more than 40 feet from the street line, in which case the front yard need not be more than forty (40) feet, but in no case shall the depth of such front yard be less than 15 feet. In determining such front yard depth, buildings located entirely on the rear one-half of a lot shall not be counted.

(6)

At each end of a through lot there shall be a front yard of the depth required by this ordinance for the district in which each street frontage is located, provided that an equivalent open space may be provided on the lot in lieu of the required rear yards.

(7)

Vision Clearance: On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure or any plant growth shall be permitted or maintained higher than two feet above the curb level within 15 feet of curb line, or property line, whichever is the greater distance from the center of the street. Where there is no curb then such curb line shall be determined by measuring the width of the street from shoulder to shoulder, but in no case shall obstruction, wall, hedge, as aforesaid be less than 40 feet from center of such street.

(8)

Side Yards: The minimum width of a required side yard of a corner lot in the "A," "B," "C" and "D" District shall be not less than 25 feet, provided that, if the street side line of a corner lot is in the same block frontage with a lot or lots, whose street line is a front line of such lot or lots, the side yard shall extend to the average alignment of the buildings along the same side of the street, unless such buildings are more than 25 feet back from the street line, in which case the side yard need not be more than 25 feet.

(9)

A side yard of not less than 25 feet on the side of the lot adjoining to "A," "B," "C," or "D" District shall be provided for all schools, libraries, churches, community houses, and other public or semi-public buildings hereafter erected or structurally altered.

(10)

Garages detached or attached to the main use building entering on the side street of a corner lot, shall maintain a side yard of not less than 20 feet from the curb line or property line, whichever is the greater distance in front of the garage.

(11)

Rear Yard: In the "A," "B," "C," and "D" Districts accessory buildings shall not occupy more than 30 percent of the required minimum rear yard area. Accessory buildings shall be a minimum of 12 feet from the main use buildings. In the "A" and "B" Districts no accessory building shall be more than one story in height.

(12)

In computing the depth of a rear yard where such yard opens into an alley, one-half (½) of the width of such alley may be assumed to be a portion of the required rear yard.

(a)

Where the rear or service of a nonresidential building in a residential district is exposed to residences and where a nonresidential building in a class E zone or above is exposed to a residential district boundary line, and where such building is closer than 150 feet to the boundary line, a screening wall or fence not less than six feet in height shall be erected, separating the rear or service side of such building from the adjacent residence or residential district. Said screening fence shall be a solid sight bearing fence or better and shall be maintained along or within one foot of the boundary or property line and shall be used to serve as permanent screening. All outside lighting features in the class E zone or above shall be placed and reflected in such a manner so as not to create a glare or sheen onto the adjacent property as to create annoyance, nuisance or hazards. Failure to comply with these requirements and this section shall constitute a violation of the zoning ordinance and subject the violator to the penalties that are hereinafter provided.

(b)

Any person violating any provision of this section within the corporate limits of the City of Daingerfield, Texas, or within this area of extraterritorial jurisdiction, shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not less than $10.00 nor more than $200.00. Each day that such violation continues shall be a separate offense. Prosecution or conviction of this provision shall never be a bar to any other remedy or relief or for violation of this section.

Nonconforming Use of Land: The nonconforming use of land, where no building is involved existing at the time of the passage of this Ordinance, may be continued for a period of not more than two years therefrom, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and that if such nonconforming use of land or any portion thereof, is discontinued or changed, any future use of land shall be in conformity with regulations of the district in which it lies.

Nonconforming Use of Buildings: Except as otherwise provided in this Ordinance, the nonconforming use of a building existing at the time this Ordinance becomes effective may be continued, and the use of a nonconforming building may be changed to another use of the same or more restricted classification, but where such use is changed to a more restricted classification, it shall not thereafter be changed back to a use of a less restricted classification.

(1)

A nonconforming building which is or may hereafter become vacant and which shall remain unoccupied or its nonconforming use discarded for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to regulations of the district in which it is located.

(2)

A nonconforming building may be maintained or kept in good repair except as otherwise provided in this section.

(3)

No existing nonconforming building may be enlarged, extended, reconstructed or altered unless its use is changed to a use permitted in the district in which such building is located except in the event such enlargement, extension, reconstruction or alteration is required by court decision, law or ordinance.

(4)

No nonconforming building shall be moved in whole or in part to any other location on the lot unless every portion of such building is made to conform to all the regulations of the district in which it is located.

(5)

A nonconforming building which is damaged by fire, explosion, flood, wind, earthquake or other calamity or act of God or the public enemy to the extent of 50 percent or more of its reasonable value may not be restored except in conformity with the regulations of the district in which it is located.

Off-street automobile storage or standing space shall be provided on any lot on which any of the following uses are hereafter established except in the "F" Central Business District, such space shall be provided with vehicular access to street or alley and shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

(A)

Dwelling: One parking space for each dwelling unit.

(1)

For each one-family dwelling at least one parking space shall be provided. Should such one-family dwelling desire or expect to have two or more motor vehicles, one parking-space shall be provided for each vehicle.

(2)

For each duplex there shall be provided at least two parking spaces.

(3)

There shall be at least one parking space provided for each unit of a multiple family dwelling.

(B)

Tourist Accommodations and Hotels: One parking space for each room or for each unit having one or more rooms, but used for an individual or a single-family group, offered for tourist accommodations.

(C)

Clinic: Three parking spaces for each doctor.

(D)

Hospital: One parking space for every three beds.

(E)

Stores and Other Establishments in Commercial Areas: One parking space for each 250 square feet of store floor area.

(F)

Theater, Stadium, Auditorium, or Church or Other Places of Public Assembly: One parking space for each five seats, based on maximum seating capacity.

(G)

Office Building: One parking space for each 300 square feet of office floor area.

(H)

Commercial, Industrial, or Manufacturing Establishments: One parking space for each five workers, based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the commercial, industrial, or manufacturing establishment.

Where such space cannot be reasonably provided on the same lot with the principal use, the Board of Adjustment may permit such space to be located on other off-street property provided such space is within 300 feet of the permitted use measured along lines of public access.

(1)

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the Inspector of Buildings at the time of the effective date of this Ordinance and the construction of which shall have been diligently prosecuted since the date of such permit.

(2)

The provisions of this Ordinance shall not apply to prevent the extension in height of any building, existing in any district upon the effective date of this Ordinance, to the height which the walls, foundation and framework of such existing building originally were intended, designed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted by this paragraph shall have been duly commenced within two years from the effective date of this Ordinance.

No permit for the erection, alteration or enlargement of any building shall be issued by the City Building Inspector unless there first be filed in his office, by the applicant therefor, a plat in duplicate, drawn to scale, and in such form as may be prescribed by the City Building Inspector, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and locations on the lot of the building to be erected, altered, or enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended or designed, and furnishing such other information as the City Building Inspector may require in the enforcement of the provisions of this Ordinance, and any failure to comply with the provisions of this Ordinance shall be good cause for the revocation of any such building permit by the City Building Inspector. A record of such applications and plats shall be kept in the office of the City Building Inspector.

(1)

The owner or owners of any tract of land in Daingerfield comprising an area of not less than ten acres may submit to the City Building Inspector a plan for the use and development of all of the tract of land for residential purposes. The development plans shall be referred to the City Planning Commission for study, public hearing, and report. The Commission recommendations and report, together with the plans, shall be submitted to the City Council within 30 days for consideration and action.

(2)

The recommendations and report by the Planning Commission shall contain specific evidence and facts showing whether or not the proposed project meets the following conditions:

(A)

The property adjacent to the area included in the plan will not be adversely affected.

(B)

The plan is considered with the intent and purpose of this Ordinance to promote public health, safety, morals, and general welfare.

(C)

The buildings will be used only for purposes provided for in the "A," "B," "C," and "D" Districts.

(D)

The average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located.

(3)

If the City Council approves the plan, building permits and certificates of occupancy may be issued though the use of the land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulation of the district in which it is located.

(1)

No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy shall have been issued by the City Building Inspector.

(2)

No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use, until a certificate of occupancy and compliance shall have been issued by the City Building Inspector, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

(3)

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alterations of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Building Inspector.

(4)

No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance.

(5)

A certificate of occupancy shall be required of all nonconforming uses existing at the time this Ordinance shall become effective. Application for a certificate of occupancy for prior existing nonconforming uses shall be filed within 12 months from the effective date of this Ordinance with the City Building Inspector.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Ordinance, the following rules apply:

(1)

The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

(2)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

(3)

In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use of the scale appearing on the map.

(A)

In pursuance to the authority vested in the City of Daingerfield by Vernon's Ann. Civ. Art. 1011g as amended by Section 1 of Chapter 322, Fifty-Seventh Legislature [see now Texas Local Government Code § 211.008 et seq.] , there is hereby created a Board of Adjustment:

(1)

The Board of Adjustment shall consist of five members and two alternates.

(2)

The members, both regular and alternate members, shall be appointed for a term of two years by the Mayor of the City of Daingerfield subject to the approval of the City Council.

(3)

Such term of office shall coincide with that of the Mayor and continue through the two years until such time as the Mayor can appoint the new Board and such Board is approved and properly instated.

(4)

The individual, regular or alternate members, may be removed during such two year terms by the appointing authority, for cause upon written charges and after public hearing.

(5)

Vacancies shall be filled for the unexpired term of any regular or alternate member whose term becomes vacant, in the same manner as the original appointment.

(6)

All cases or questions brought before the Board of Adjustment shall be heard by a minimum number of four members.

(7)

When one or more of the regular members of the Board of Adjustment is unable to attend a meeting, the chairman of the Board shall notify one of the alternate members that his presence is required to serve at such meeting in place of the absent member; nothing herein prevents a meeting from being held when, as set out in subparagraph (6) above, four members are present.

(8)

That it is permissible for all the alternates to attend all meetings of the Board, but they will have no vote on an issue except as provided above when they are serving in the absence of one of the regular members.

(B)

The Board shall adopt rules in accordance with the provisions of this Ordinance. Meetings of the Board shall be held at the call of the chairman and at such other time as the Board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such Ordinances or to effect any variation in such Ordinance.

(C)

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Daingerfield affected by any decision of the Building Inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof, and by paying a filing fee of $5.00 to the Tax Collector of the City of Daingerfield, at the time the notice is filed, which shall be credited to the General Fund of the City of Daingerfield. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, 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 record on application on notice to the officer from whom the appeal is taken and on the cause shown.

(D)

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(E)

The Board of Adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance.

(2)

When a property owner can show that a strict application of the terms of this Ordinance relating to the use, construction, or alteration of buildings or structures or the use of land will impose upon him practical difficulties or particular hardship, the Board may consider and allow variations of the strict application of the terms of this Ordinance if the variations are in harmony with the general purpose and intent of this Ordinance, and the Board is satisfied, under the evidence heard by it, that a granting of the variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan by this Ordinance created.

(3)

The Board may authorize a variance where by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record at the time of the adoption of this Ordinance, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of a provision of this Ordinance would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of the property and amount to a practical confiscation of the property as distinguished from a mere inconvenience to the owner, provided the variation can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this Ordinance.

(F)

Special exceptions. When in its judgment the public convenience and welfare will not be substantially or permanently injured, the Board of Adjustment may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards authorize special exceptions to the regulations herein established as follows:

(1)

To permit a transitional use between a business or industrial district and a dwelling district where the side of a lot in a one-family district or a dwelling district or a two-family district abuts upon a lot zoned for business or industrial purposes as follows:

(a)

On a lot in a single-family dwelling district which sides upon a lot zoned for business or industrial purposes, the Board may permit a two-family dwelling.

(b)

Permit the extension of a building or use into a more restricted district, immediately adjacent thereto, but not more than 50 feet beyond the boundary line of the district in which such building or use is authorized.

(c)

Grant in undeveloped sections of the city temporary and conditional permits for not more than two years. The granting or existence of such temporary or conditional permit shall not be reason or cause for extension of such permit.

(d)

Permit such modification of yard, open space, lot area or lot width regulations as may be necessary to secure an appropriate improvement of a parcel of land if such parcel is separately owned at the time of the original passage of this Ordinance or subsequent annexation of the city and is of such restricted area that it cannot be appropriately improved without such modification.

(e)

To determine in cases of uncertainty the classification of any use not specifically named in this Ordinance.

(f)

To grant a permit for the extension of a use, height, or area regulation into an adjoining district, where the boundary line of the district divided a lot in a single ownership at the time of the adoption of this Ordinance.

(g)

To permit as an accessory use a parking area for passenger automobiles on a lot or lots in a single family, duplex, or apartment house district adjoining or across a street of not more than 50 feet in width from a retail, intermediate business or industrial district, subject, however, to the following provisions:

a.

The area shall be properly enclosed with a hedge screen, fence, wall or other suitable enclosure having a height of not less than three feet nor more than six feet. Such fence or enclosure shall conform to the front yard regulations of the district in which it is located.

b.

The area shall be paved.

c.

No parking of vehicles shall be permitted within six feet of any adjoining lot on which is located a single-family residence, duplex or multiple dwelling.

d.

One sign, not exceeding two and one-half square feet in area, may be erected identifying the lot.

e.

No charges may be made for parking and no other business use may be made of the lot.

f.

Any light used to illuminate said parking area shall be so arranged as to direct the light away from any adjoining premises used for residential purposes.

(h)

Permit the reconstruction of a building occupied by a nonconforming use, or permit the extension of a nonconforming use, of a building upon the lot occupied by such use or building at the time of the passage of this Ordinance.

(2)

Any appeal or permit granted by the Board of Adjustment shall not be valid if construction authorized by said permit is not begun within a period of 60 days.

(3)

In exercising the above mentioned powers such Board may in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(4)

In considering all appeals and all proposed variations to this Ordinance, the Board shall, before making any finding, in a specific case, first determine that the proposed variation will not constitute any change in the District Map and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Daingerfield.

(5)

Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying variation.

(G)

Any persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city 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. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the person's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.

The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

All issues in any proceeding under this section shall have preference over all other civic actions and proceedings.

(1)

The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.

(2)

Before taking any action on any proposed amendment, supplement, or change, the City Council shall submit the name to the Zoning and Planning Commission for its recommendation and report.

(3)

Upon receipt of the proposed amendment from the City Council, the Zoning and Planning Commission shall hold a meeting; then shall study the proposed amendment and set a public hearing date; that immediately they shall cause written notice to be mailed to those parties as directed by the statute of the state of Texas controlling changes in zoning, such notice shall be mailed not less than ten full days before such public hearing, and in counting the days the date of posting shall be excluded; that such written notice shall contain a sufficient statement as to the proposed changes as to acquaint the interested property holders of the future public hearing, and also such notice shall state the time and date, and place of such hearing.

(4)

That should the Zoning Commission, City Council, so desire after each has fully examined the proposed amendments, the aforesaid public meeting and notice and the hereinafter public meeting and notice provided for the City Council may be consolidated and the Zoning and Planning Commission may meet jointly with the City Council for such public hearing; in such event where a joint public hearing is held, the request of the public notice by posting as aforesaid shall be complied with; also the 15 day notice as hereunder required by publication of the City Council shall also be complied with; when a joint hearing is held by the Zoning and Planning Commission and City Council, such hearing one in all, shall be sufficient to meet the requirements of this Ordinance.

(5)

Whenever any person desires that any amendment or change be made in this Ordinance and in the Zoning Map, as to any property in the city, there shall be presented to the City Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of 50 percent of the area of all real estate included within the boundaries of said tract or addition as described in said petition, and also by the owners of 50 percent of the area of all real estate lying outside of said tract or addition, but within 200 feet of the boundaries thereof, intervening streets and alleys not to be included in computing such 200 feet.

(6)

Each and every petition to the City Council as provided by this Ordinance shall be filed with the City Secretary of the City of Daingerfield, Texas, prior to being presented to the City Council, and shall be accompanied by a fee as set forth in the fee schedule found in chapter 14 of this Code, which sum shall be paid to the City Secretary of the City of Daingerfield, Texas, by the petitioner at the time of the filing of such petition.

(7)

A public hearing shall be held by the City Council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publication in the official publication of the City of Daingerfield, stating the time and place of such hearing, which time shall not be earlier than 15 days from the first day of such publication.

(8)

Unless such proposed amendment, supplement or change has been approved by the City Planning Commission or if a protest against such 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, supplement or change shall not become effective except by a three-fourths (¾) vote of the City Council.

(9)

That from and after the passage of this Zoning Ordinance all sub-divisions or additions to the City of Daingerfield, Texas, except those properties located within the Connor-Henley Subdivision as recorded on Slide 8 (formerly Volume 1, Page 9) of the Deed Records of Morris County, Texas, shall be brought into said city as "A" First Single Family Dwelling District; should those interested parties desire said area to be classified other than "A" district, then such individuals shall make application for a change in Zoning as set out herein and above. Any property located in said Connor-Henley Subdivision shall be brought into said City as "B-1" Second Single Family Dwelling District.

(10)

That hereinafter no building shall be erected, constructed, re-constructed, altered, repaired, converted, or any building or land to be used or occupied, until first such person, individual, contractor, etc., shall obtain a building permit, and a permit of occupancy, under this Ordinance and under the Fire Zone and Building Permit Ordinance; that in all cases where construction, changes, occupancy, etc., is done under this Ordinance, the Fire Zone and Building Permit Ordinance and any amendments thereto hereinafter enacted shall be complied with.

(1)

It shall be the duty of the City Building Inspector to enforce the provisions of this Ordinance and to refuse to issue any permit for any building, or for the use of any premises, which would violate any of the provisions of said ordinance.

(2)

In case any building is erected, constructed, reconstructed, altered, repaired or converted or any building or land is used in violation of this Ordinance, the City Building Inspector is authorized and directed to institute any appropriate action to put an end to any such violation.

(3)

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 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 $100.00, 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 thereof shall be fined as hereinbefore provided.

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annual any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this Ordinance, or which shall be adopted or issued pursuant to law relating to the use of building or premises, and likewise not in conflict with this Ordinance; nor is it intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Ordinance imposes a greater restriction, this Ordinance shall control.

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 or provision thereof other than the part so decided to be invalid or unconstitutional. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

That this Ordinance shall become effective upon passage, approval, and publication as required by law.

PASSED AND APPROVED THIS THE 23rd day of October, A.D. 1961.

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