Levelland City Zoning Code
§ 9.515
General Zoning Rules.
(a)
All land annexed by the City of Levelland through voluntary or involuntary annexation procedures shall upon the date of annexation be designated as being in any zoning district that the Council shall direct.
(b)
Whenever the council vacates a street or alley right-of-way, the adjacent districts shall extend to the center line of such vacation.
(c)
Temporary building, including "mobile homes" used for construction offices are permitted in any district as accessory buildings only during the course of construction.
(d)
Lots existing at the time of passage of this article.
(1)
On lots which contain between four thousand (4,000) and six thousand (6,000) square feet in area, a one-family dwelling or other use may be erected provided the required yard regulations are observed.
(2)
On any lot separately owned containing less than four thousand (4,000) square feet in area, a one-family dwelling may be erected provided the required yard regulations are observed. Where two (2) or more adjoining lots are under the same ownership, only a single one-family dwelling or other permitted use may be built on a fifty (50) feet width.
(e)
On lots fronting on two (2) non-intersecting streets, a front yard shall be provided on each street except when a note appears on the recorded plat restricting access to one of the abutting streets in which case only one (1) front yard shall be required.
(f)
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 three (3) feet above the curb grade within twenty (20) feet of the intersection of the curb grade lines. This area shall be known as the visibility triangle.
(g)
Any fence, wall, hedge, shrubbery, etc. higher than a base line extending from a point three (3) feet above walk grade to a point four and one half (4-1/2) feet above walk grade at the depth of front yard required is an obstruction to view and a violation of this article, except single trees having trunks which are pruned to a height of six (6) feet above walk grade. Lots on a cul-de-sac will be permitted to waive the height restriction for fences and shrubbery upon obtaining the permission of the Building Inspector.
(h)
Open fire escapes, fireproof outside stairways and balconies may project into a side yard a distance of not more than two (2) feet.
(i)
Notwithstanding anything in this article to the contrary, any business use in existence in a residential district at the time of the passage of this article shall be permitted to continue. The business use may be expanded, remodeled or conveyed in the residential district for so long as it is continuously utilized as a business. An abandonment of the property as a business use for a continuous period of twelve months shall cause the property to be treated as a nonconforming use under this article.
(j)
Notwithstanding anything in this article to the contrary, any conditional use which may be granted to permit townhouses or condominiums in a single family-one (SF-1) or single family-two (SF-2) zoning district as allowed by Section 9.505(d)(5) or 9.506(d)(6) of this article, the decision of the Zoning Board of Adjustment need not be final. After decision has been made by the Board to grant or deny the conditional use, any person may appeal the decision of the board to the city council of the City of Levelland by paying a Fifty Dollar ($50.00) appeal fee in the office of the zoning administrator within ten (10) days of the Zoning Board of Adjustment's decision. If no appeal fee is paid within such ten (10) day period of time, the decision of the Zoning Board of Adjustment is final. In the event that the appeal fee is paid, the city council shall consider the conditional use at its next available meeting and by majority vote may approve or deny the conditional use request.
(k)
Notwithstanding anything in this article to be contrary, any building located on a cul-de-sac may be erected with the front portion in line with the other buildings on the street, however, garage entrances must have a minimum setback of twenty (20) feet from the front property line.
(l)
Notwithstanding anything in this article to the contrary, no more than two main buildings or mobile homes shall be permitted on any single lot or tract. In the case of unusually large lots or tracts, the Zoning Board of Adjustment may consider as a conditional use the granting of permission to allow more than two main buildings or mobile homes on a lot in any zoning district.
(m)
No mobile home shall be located less than ten (10) feet from the side boundary lot line of any lot, and there shall be not less than twenty (20) feet of unobstructed space between any mobile home and any other mobile home or other dwelling.
(n)
No mobile home manufactured prior to June 15, 1976 that does not qualify as a HUD-code manufactured home shall be brought into, stored, set up, or used within the city limits.
(o)
Carports are allowed to be constructed in SF-1-CA, SF-2, Multi-1, Multi-2, Multi-3, Multi-4, B-1 and B-2 Districts provided they meet the following requirements outlined in this subsection.
(1)
Prior to beginning construction of any carport on any lot, the property owner must obtain a building permit as required by Section 9.520 of the Code of Ordinances. In addition to any information required by Section 9.520, the property owner must submit building plans and a material list with the application for a building permit that must be approved by the building inspector.
(2)
The primary purpose, design and utilization of the carport shall be solely for the parking, storage or protection of automobiles or vehicles. Carports may not be designed or utilized for any other purpose including, but not limited to, storage of anything other than an automobile or vehicle.
(3)
Location: Any carport in an SF-2 district must be located in the front yard and the sides of the carport must run parallel to the front and side yards of the property.
(4)
Setback: There shall be no minimum front setback for the carport. The carport must have a minimum setback of five (5) feet from the side property line. For purposes of measuring the side setback, the roof edge, overhang and vertical structural supports of the carport are included in the setback measurement.
(5)
At least three sides of the carport shall be open and unencumbered except as may be necessary for vertical structural supports. A side of a carport is considered open and unencumbered if no more than fifteen percent (15%) of the vertical plane of any open side is obscured by vertical structural supports, walls, screening, lateral bracing, trim, fascia, glazing or other vertical elements.
(6)
The height of the carport, as determined by measuring from the finished floor of the carport to the highest point on the roofline of the carport, may not exceed the height of the first story of the main residential structure located on the same lot.
(7)
Vertical structural support posts for the carport must be set in concrete twenty-four inches (24") deep and support post holes must have a diameter at least double the circumference of vertical structural support post.
(8)
Carports must be constructed over an improved surface that shall become the finished floor of the carport. Carports may not be constructed over grass, dirt or any other unimproved surface. The improved surface of the carport must consist of (A) asphalt having a minimum depth of four inches over a four-inch stabilized base consisting of compacted crushed stone, cement treated base or soil cement base; (B) reinforced concrete having a minimum depth of four inches; (C) caliche, gravel or crushed granite having a minimum depth of four inches; or (D) concrete pavers over a four-inch stabilized base consisting of compacted crushed stone, cement treated base or soil cement base.
(9)
The maximum square footage of the carport may not be greater than five hundred (500) square feet.
(10)
A carport may not be constructed, located or placed on a lot where it encroaches on any public street, right-of-way, sidewalk, alley or utility easement. The roof edge or overhang is included for purposes of determining whether a carport encroaches on a public street, right-of-way, sidewalk, alley or utility easement.
(11)
A carport may not be constructed, located or placed on a lot where it obstructs the vision of a driver of a motor vehicle within thirty (30) feet of approaching a street intersection.
(12)
A maximum of one (1) carport shall be allowed per lot.
(13)
Property owners shall be responsible for complying with any deed restrictions which may be applicable to the construction of carports.
(Ordinance 635, sec. 15, adopted 11/17/81; Ordinance 673, secs. 7–8, 10, adopted 10/5/83; Ordinance 697, sec. 13, adopted 2/19/85; Ordinance 916, sec. 3, adopted 12/3/07; Ordinance 1063 adopted 9/12/2022; Ordinance 1069 adopted 2/6/2023)