This chapter shall be known as the "Comprehensive Zoning Ordinance of the City of Dalhart," originally adopted in 1962 with major amendments in 1995 and 2006.

(Ord. No. 2006-14, § 17-1, 7-11-2006)

The purpose of this chapter is to provide for division of the city into separate districts which, in combination with regulations pertaining to such districts, are designed in accordance with a comprehensive plan to achieve objectives which include, but are not limited to, the following:

(1)

Guide and regulate the appropriate use and development of land, in a manner which will promote the public health, safety, and general welfare.

(2)

Secure safety from fire, flood, panic and other dangers.

(3)

Provide adequate light and air.

(4)

Promote the establishment of appropriate population densities by preventing the overcrowding of land and avoiding undue concentration of people.

(5)

Provide sufficient space in appropriate locations for a variety of residential, recreational, commercial, and industrial uses and open space in order to meet the needs of all citizens.

(6)

Lessen congestion in the streets.

(7)

Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public improvements.

(Ord. No. 2006-14, § 17-2, 7-11-2006)

The city is hereby divided into 13 zoning districts. The use, height, and area regulations, as set out in this chapter, shall be uniform within each district. These districts herein established shall be known and cited as:

(Ord. No. 2006-14, § 17-3, 7-11-2006)

Each zoning district herein established is provided a specific purpose, in accordance with the comprehensive plan for the location of various activities throughout the city, as follows:

(1)

Agricultural open space district (AO). The AO district is composed mainly of unsubdivided lands within the corporate limits of the city that are vacant or in agricultural use, with some dwellings and some accessory uses (structures). The applicable regulations are designed to preserve valuable agricultural lands and to preserve, in a more permanent manner, open space located within the corporate limits of the city. This district is also used as a holding zone for land annexed into the city until a request for a more intensive category of land use is approved.

(2)

Residential single-family detached districts (R-1, R-2, R-3).

a.

The regulations for R-1, R-2, and R-3 residential districts are designed to:

1.

Protect the residential character of the areas by excluding commercial and other incompatible activities, as appropriate.

2.

Encourage a suitable environment for family life by permitting certain appropriate institutions and facilities to be located in residential neighborhoods.

3.

Preserve open space and avoid overcrowding by requiring certain minimum yards, open spaces, and lot areas.

4.

Make available a variety of dwelling types and densities in a variety of areas to serve a wide range of individual requirements.

b.

The R-1, R-2, and R-3 districts are intended to accommodate neighborhoods where individual lots are occupied by single-family detached residences and permitted accessory structures only. As such, more than one single-family dwelling unit on a lot is prohibited.

c.

In addition to the general purposes applying to all residential districts, regulations of R districts are designed to encourage the provision of single-family detached residences in three permitted densities.

(3)

Medium density residential district (MD). The MD residential district allows a greater density of housing units than single-family detached homes, but not as high as the apartment district, and may be used as a buffer zone between lower and higher density districts. This district is designed to include townhouses (each housing unit is located on a separate lot, but attached to another housing unit) and duplexes (two housing units adjoin each other on one lot).

(4)

Apartment districts (A). The regulations for A apartment districts are designed to allow housing choices of a higher density and to protect the residential character of these areas by excluding most commercial activities, to encourage a suitable environment by permitting certain appropriate institutions and facilities to be located in residential neighborhoods, and to preserve open space and avoid overcrowding by requiring certain minimum yards and restricting occupancy densities.

(5)

Manufactured home district (MH). The requirements set forth in the MH district are designed to regulate those areas where manufactured home development appears desirable. This district is designed to permit and encourage the development of properly planned and improved manufactured home parks and manufactured home subdivisions at appropriate locations within a residential environment.

(6)

Office district (O). The regulations of the O district are intended to encourage office development of high character in a generally noncommercial environment. The selected businesses and/or professional offices allowed in an O district have relatively low traffic generation characteristics, handle no products, and require limited identification by signs and other such devices.

(7)

Local retail district (LR). The regulations of the LR district are designed to accommodate a limited range of retail trade, services and office activities. The level of intensity and scale of development permissible within the LR district are designed for compatibility with nearby residential use. Many permitted uses within the LR district are, in fact, aimed toward meeting the day-to-day needs of nearby residents for food, pharmaceuticals, personal services, etc. The LR district is not intended in any way to advocate spot zoning of individual lots within already developed areas or newly developing areas. The district regulations are further designed to prevent congestion and to ensure provision of adequate light and air to buildings within and adjacent to the district.

(8)

Shopping center district (SC). The purpose of the SC district is to provide for attractive and efficient retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods and/or the community. It is intended that the district shall be laid out and developed as a unit, according to an approved plan so that the purpose of the district may be accomplished.

(9)

Commercial district (C).

a.

The design and regulations of the C district are established to provide a wide range of retailing activities, personal and business services, and other commercial activities. Since there is little interdependence of activities, establishments can be dispersed over considerable areas with each establishment having its own vehicular parking. An adequate amount and properly designed vehicular accessibility is essential to these districts.

b.

The C district regulations are designed to permit development of commercial activities which are generally not appropriate for shopping centers. Residential uses are not compatible with the environment created in the C district, due to the character and high intensity of activity characterized by permitted uses.

(10)

Industrial district (I). The I district consists of land and improvements used or to be used for a wide range of manufacturing, wholesale and medium intensity activities. The I industrial district regulations are designed to permit such activities, subject to limitations intended to protect nearby residential and commercial districts, and to protect the permitted uses from one another. Residential uses are not compatible with the environment created in the I district, due to the character and high intensity of activity characterized by the permitted uses.

(11)

Planned development district (PD).

a.

Planned development districts must be planned and developed as a unit. For example, PD districts may encompass industrial parks, office or other commercial centers, shopping centers, residential developments of multiple or mixed housing, or any appropriate combination thereof. PD districts may be created by approval of detailed site, use, and building plans on tracts suitable in location and character for proposed uses and structures. The suitability of such tracts for the proposed plans and development shall be determined by reference to the comprehensive plan as well as the existing and future character of surrounding development.

b.

Within PD districts, regulations are intended to control development on a unified rather than a lot-by-lot basis. PD district regulations are furthermore intended to promote economical and efficient land use, and improved level of amenities, appropriate and harmonious variety in physical development, creative design, and a better urban environment.

(Ord. No. 2006-14, § 17-4, 7-11-2006)

(a)

Adoption. The boundaries of zoning districts set out herein are delineated on the zoning district map of the City of Dalhart, Dallam and Hartley Counties, Texas. Such map is adopted by reference as part of this chapter as fully as if the same were set forth herein in detail.

(b)

Maintenance. The original of the zoning district map shall be filed in the office of the city secretary. This map shall be the official zoning district map, and shall bear the signature of the mayor and attestation of the city secretary. The map shall be used for reference and shall be maintained by posting thereon all subsequent changes and amendments. In case of any questions, this map, together with amending ordinances, shall be controlling.

(c)

Annexed territory. All territory hereafter annexed to the city shall be classified in the AO agricultural open space district, until a permanent zoning classification is given to the area by the city council. The procedure for establishing more permanent zoning on annexed territory shall be the same as is provided by law for the amendment of the chapter.

(1)

No person shall erect, construct or add to any building or structure in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy and compliance for that building or structure from the building inspector.

(2)

No permit for the construction or modification or use of land shall be issued by the building inspector other than a permit that will allow the construction or modification of a building permitted in the AO agricultural open space district.

(d)

Rules for interpretation of district boundaries. The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning district map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city limits shall be construed as following city limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be the centerline of the railroad right-of-way or, if no centerline is established, the boundary shall be interpreted to be midway between right-of-way lines of such railroad.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shore lines. In the event of change in the shore lines, the boundary shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, drainageways, draws, or other bodies of water shall be construed to follow such centerlines. In the event of change in the centerline, the boundary shall be construed as moving with the centerline. The centerline shall be interpreted as being midway between the shorelines.

(6)

Boundaries indicated as parallel to or an extension of features in subsections (d)(1) through (5) of this section shall be so construed. Distances not specifically indicated on the zoning district map shall be determined by the scale of the map or by amending ordinances.

(7)

Whenever any street, alley or other public way is vacated or abandoned by official action of the city council, or whenever such an area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such abandoned street, alley or public way. All areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(8)

Boundaries indicated as dividing a lot shall be construed as being located as shown on the zoning district map. Distances not specifically indicated on the zoning district map shall be determined by the scale of the map or by amending ordinances.

(9)

Where physical or cultural features existing on the ground differ from the information shown on the official zoning district map or when a question arises as to the official zoning classification of a parcel of property that cannot be resolved by the application of subsections (d)(1) through (8) of this section, the planning and zoning commission shall interpret the district boundaries.

(Ord. No. 2006-14, § 17-5, 7-11-2006)

(a)

Aesthetics. Civic beauty, to which the community aspires, is an economically sound policy as well as being of aesthetic benefit to the people. In order to preserve and promote the growth of the area in an attractive manner, aesthetic factors in zoning shall be considered.

(b)

Buffers.

(1)

Buffer space and visual barriers. Open space, fencing or planting areas may be required to separate different land uses. These requirements shall be imposed on the less restricted or heavier uses rather than on the more restricted or lighter uses.

(2)

Buffer districts. Incompatible uses may be separated by transitional uses, such as offices and apartments, to mitigate or minimize the effect of differences in use along district boundaries.

(3)

Other transitional considerations. Ideally, adjacent zoning district boundaries should transition at alleyways or rear property lines. If transitioning is not possible at alleyways or rear property lines, the second choice is to transition at streets. The least desirable transition is midblock where incompatible land uses side onto one other. All efforts shall be made to transition zoning district boundaries at alleys or rear property lines wherever possible.

(c)

Major intersections. To retain maximum use of streets as traffic-carrying arteries, vehicular access should be strictly regulated at major intersections. Nonresidential zoning at major intersections may be restricted to maintain the traffic-carrying capabilities of streets. A major intersection shall be any street intersection at least as significant as one including both an arterial and a collector street.

(d)

Spot zoning. Spot zoning may be considered the rezoning of an area into a district which is unrelated to the immediate area or is inconsistent with the comprehensive plan for the community. Such rezoning may be a special privilege or an inconsistent restriction of one property which is not applicable to other property in the area. Spot zoning gives preferential treatment to one property that is not enjoyed by other properties in the same area and the same zoning district. Zoning patterns are established to accomplish the purposes of the comprehensive plan and to protect those who comply with the law. Spot zoning constitutes a disregard for the public welfare as well as the growth policies and sound planning principles embodied in the comprehensive plan. Requests which would result in spot zoning shall be denied.

(e)

Strip zoning. Strip or ribbon zoning is a nonresidential district which parallels a highway or street, and which is characterized by one or more of the following: shallow lot depth with abutting residences in the rear; separate lot ownership which exacerbates harmful vehicular access to the street; and inadequate provisions for off-street parking. Strip zoning hinders traffic flow and encourages incompatible uses to the detriment of abutting property.

(1)

Permitted extension of strip zoning. Extensions of strip zoning shall be permitted only when a reasonable use of the property as zoned is prohibited, adequate buffering is in existence or will be provided, and traffic flow and capacity are not adversely affected.

(2)

Unpermitted extensions of strip zoning.

a.

Vehicular access. Extension of strip zones that permit vehicular access to commercial uses from a residential street shall be denied.

b.

Inadequate right-of-way. Applications for rezoning of land abutting onto major streets shall be denied if the right-of-way width is inadequate to serve the anticipated uses, or if the proposed use would be incompatible with the existing development.

(f)

Access to structures. Every building thereafter erected or moved shall be on a lot adjacent to a public street. All structures shall be located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(Ord. No. 2006-14, § 17-6, 7-11-2006)

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In such circumstances, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1)

All questions concerning the classification of new or unlisted uses shall be referred to the building inspector for a determination as to the zoning classification into which such use should be placed. Referral of the use interpretation question shall be accompanied by a statement of facts listing:

a.

The nature of the use and whether it involves dwelling activity;

b.

Sales or processing, the type of product;

c.

The nature and amount of storage, particularly open storage;

d.

Anticipated employment;

e.

Requirements, nature and time of occupancy or operation of the premises;

f.

The amount of noise, odor, fumes, dust, toxic materials, and vibration likely to be generated; and

g.

The requirements for public utilities such as sanitary sewer and water.

(2)

The building inspector shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district within which such use should be permitted.

(3)

The board of adjustments and appeals is authorized to hear and decide appeals where it is alleged there is an error in any order, decision or determination made by the building inspector or any administrative official of the city in enforcement of this chapter, except the classification of new and unlisted uses as described in subsection (4) of this section.

(4)

The building inspector shall transmit to the planning and zoning commission any recommendation for addition of any new or heretofore unlisted use to this chapter. Then addition of any use to any zoning district classification shall be by amendment to this chapter.

(5)

A revised use list including all additions made to the uses permitted in the several zoning classifications shall be published periodically.

(Ord. No. 2006-14, § 17-7, 7-11-2006)