GENERAL INTERPRETATION
For the purpose of this zoning ordinance, certain terms and words are defined and shall have the meanings ascribed in this ordinance unless it is apparent from the context that different meanings are intended.
Words used in the present tense include the future tense, words in the singular number include the plural number, and words in the plural number include the singular number. The word “building” includes the word “structure,” except as otherwise specified. The term “use” means “used or intended to be used for, or arranged or designed for use.” The word “shall” is mandatory not directory; the word “may” is permissive. The word “person” includes a firm, association, organization, partnership, trust, foundation, company or corporation as well as an individual. The word “including” means “including, but not limited to.”
Accessory Building -A subordinate building which is incidental to that of the main building on the same lot and which does not exceed 120 square feet in size.
Accessory Mobile Food Vending -A Mobile Food Vendor operating as an accessory use to a primary use established and operating with a valid certificate of occupancy on the property.
Accessory Use -A subordinate use which is incidental to the main or primary use.
Adult Day Care Center -A facility that regularly provides daytime care for the elderly that do not reside on the premises.
Alley -A public right-of-way which affords only a secondary means of access to abutting property.
Amusement Park -Any building, lot, tract, or parcel of land used in whole or part for the operation and maintenance of a circus, carnival, miniature golf course, golf driving range, batting cages, skating rinks, go-cart racing tracks and minstrel shows.
Animal Shelter -A facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.
Apartment -A room or suite of rooms in an apartment building intended, designed, or occupied as a home or residence by a single family, individual, or group of individuals living together as a single housekeeping unit.
Apartment (Multifamily) Building -Any building which is intended, designed, or occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.
Automobile Repair Shop -A building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.
Automobile Sales Lot -An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the premises.
Bar -An establishment, not a restaurant, the principal activity of which is the sale and consumption on the premises of liquor, wine, beer or any other alcoholic beverages, whether served with or without food and other refreshments.
Basement -A building story which is partly underground, but may have at least one-half (1-1/2) [sic] of its height above the average level of the adjoining ground.
Block -That property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.
Boarding (Rooming) House -A dwelling wherein lodging or meals for three (3) or more persons, not members of the principal family therein, is provided for compensation, but not including a building in which ten (10) or more guest rooms are provided.
Build -The word build means to erect, convert, enlarge, reconstruct, or alter a building or structure.
Building -Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
Building Line -A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.
Business -Includes retail, commercial, personal services, excavation, manufacturing and industrial operations and uses.
Carport -A roofed structure open on three sides when attached to a dwelling and open on four sides when detached from a dwelling, covered with a roof supported by structural steel or wood columns or masonry piers of minimum size for structural safety.
Carwash -A building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.
Cellar -A building story with more than one-half of its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
Cemetery -Land used or intended to be used for the burial of the dead humans, including crematories[,] mausoleums, and mortuaries.
Certificate of Occupancy -An official certificate issued by the City of La Feria which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.
Child Care Center -Any facility, not the residence of the primary caregiver, that provides care, supervision, or education for more than six children under the age of fourteen who are not related by blood, marriage, or adoption to the owner or operator of the facility, for less than 24 hours a day whether known or incorporated under such name as “Pre-School,” “Kindergarten,” “Child Development Center,” whether or not the facility is operated for profit or not-for-profit or charges for the services it offers.
Child Day Care Home -A facility, sometimes referred to as a “Registered Family Home,” that regularly provides care in the caretaker’s own residence for not more than six (6) children under the age of fourteen (14) years of age, excluding the caretaker’s own children. When more than six (6) children are kept in the home, it shall be considered as either a “Group Day Care Home” or “Child Care Center.”
Clinic -A group of offices for one or more physicians, surgeons or dentists to treat sick or injured patients who do not remain overnight.
Church or Rectory -A place of worship and religious training of recognized religions including the on-site housing of ministers, rabbis, priests, and nuns.
Comprehensive Plan -A periodically updated series of documents that unify all elements and aspects of city planning. Based on careful analysis and projection, these volumes reflect the best judgment of the City Commission, Planning and Zoning Commission and Staff to ensure the growth and prosperity of the City of La Feria. The plan shall serve as a policy guide to zoning and subdivision development decision.
Convalescent Home -Any building or structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.
Country Club (Private) -An area of land containing either a golf course or tennis courts, or both, and a clubhouse and which is available to members only. Country clubs may contain adjunct facilities such as private club, dining room, swimming pool, and other similar recreational or service facilities.
Courtyard -An open, unoccupied space on the same lot with a building and bounded on two (2) sides by such building, or the open space provided for access to a dwelling group.
Dwelling or Dwelling Unit -A building of [or] portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.
Dwelling, Multifamily -A building containing three (3) or more dwelling units which is designed for or occupied as a home or residence for three (3) or more families.
Dwelling, Single-Family -A detached building which is designed for or occupied as a home or residence by not more than one (1) family.
Dwelling, Two-Family -A detached building containing two (2) dwelling units, commonly referred to as a duplex, and which is designed for or occupied as a home or residence by not more than two (2) families.
Family -One or more persons living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption, but not including a group occupying a hotel, motel, boarding house, club, dormitory, fraternity or sorority house.
Farm or Orchard -An area of two (2) acres or more which is used for the growing of farm products such as vegetables, fruit trees, and grain as well as the raising thereon of the usual farm poultry and farm animals such as horses, dairy cattle, sheep, and swine.
Flea Market -A collection or group of outdoor stalls, booths, tables or other similar arrangements, used by individual vendors, for the display and sale of various items of new or used personal property.
Floor Area -The living area of a building, including the walls thereof, but excluding all porches, open breezeways and garages.
Fraternity/Sorority Lodge: A gathering location for a group of people associated and/or formally organized in a nonprofit capacity for the purposes of providing scientific, cultural, educational, patriotic and/or charitable services to the community.
Game Hall -An establishment consisting of games of chance for amusement purposes, also known as “arcades”, “game rooms”, and “amusement centers.” An establishment that has six amusement machines or more on the premises is considered a “game hall.”
Garage, Auto Repair -A building or portion of a building used for the general repair and/or painting of motor vehicles.
Garage, Parking -A building or portion of a building used for the storage of motor vehicles, other than a private garage or a [an] auto repair garage, in which any sale of gasoline, oil, and accessories is only incidental to the storage of the vehicles.
Garage, Private -An accessory building or portion of a main building on the same lot and used for the storage of private passenger motor vehicles or boats.
Garage Sale -An occasional sale of personal and/or household property at a nonbusiness location for a temporary period of time not exceeding three (3) consecutive days between the hours of 7:00 a.m. and 7:00 p.m. The term shall also include yard sales, patio sales, moving sales, estate sales and other terms that refer to an occasional sale of personal or household property in a residential area.
Grade -When used as a reference point in measuring height of building the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.
Gross Floor Area -The total area of all floors as measured to the outside walls, excluding open porches, breezeways, balconies, and terraces. In computing the gross floor area residential uses, garages and carports shall be excluded.
Group Day Care Home -A facility that regularly provides care in the caretaker’s own residence for seven (7) to twelve (12) children under the age of fourteen (14) years of age, excluding the caretaker’s own children.
Group Home -A residential facility licensed by the Texas Department of Human Resources to house up to six (6) handicapped and/or mentally retarded persons and two (2) supervisors.
Halfway House -A residential facility providing shelter, supervision and residential rehabilitative services for persons who have been inmates of any county, state or federal correctional institution and released and require a group setting to facilitate the transition to a functional member of society.
Height (of Building) -The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the highest ridge board, for gable, hip and gambrel roof.
Home Occupation -Any occupation or activity which is clearly incidental and secondary to the residential use of the premises and which is carried on wholly within a main building or accessory building by a member of a family residing on the premises and which does not change the character thereof. However, such use will not be obnoxious or offensive due to vibration, smoke, dust, odor, heat, glare, noise or which increases traffic.
Hospital -An institution or place where sick or injured patients are kept overnight and given medical or surgical care.
Hotel or Motel -A building or arrangement of buildings designed for and occupied as a temporary abiding place by transient guest[s] who are lodged with or without meals for compensation.
Industrialized Building -A commercial structure that is constructed on one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems. The term does not include any commercial structure that is in excess of two (2) stories or thirty-five feet (35') in height as measured from the finished grade elevation at the building entrance.
Industrialized Housing -A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of two (2) stories or thirty-five feet (35') in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to (a) housing constructed of sectional or panelized systems not utilizing modular components, or (b) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Junk -Means old or scrap ferrous or nonferrous metals, batteries, appliances, equipment, automobile and truck parts, wrecked vehicles, debris, paper, rubber, tires, steel, and other used or secondhand materials or goods.
Junkyard or Salvage Yard -Any area used for the storage, keeping, processing, buying, or selling of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.
Kennel -Any place or premise [premises] where four (4) or more dogs, cats, or other pets are raised, trained, boarded, or kept with or without charge, except for veterinary clinics, animal hospitals, and animal shelters.
Laundry -A building or place where clothes and linens are washed and thoroughly dried and pressed by the use of washing, drying, and ironing machines for fee basis and shall include the term “cleaners,” and “dry cleaners.”
Living Area -Shall include that portion of the dwelling unit which is used or designed for occupancy but does not include carports, garages, and open porches, breezeways, balconies, and terraces.
Loading Space -A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet.
Lot -A parcel of land occupied or intended to be occupied by a main building and its accessory buildings, or by a group of buildings and their accessory buildings, and having frontage on a dedicated street.
Lot Coverage -The percentage of the total area of a lot occupied by the first story or ground floor of buildings located on the lot.
Lot Depth -The average depth from the front line of the lot to the rear line of the lot.
Lot of Record -A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk, or a parcel of land, the deed for which was recorded in the office of the county clerk prior to passage of this ordinance.
Lot Width -The width measured at a distance back from the front line equal to the minimum depth required for a front yard.
Main Building -A building in which is conducted the principal use of the lot on which it is situated.
Mobile Food Unit (MFU) -(As defined by 25 TAC 228.2, as may be amended) A vehicle-mounted, self or otherwise propelled, self-contained food service operation designed to be readily movable (including catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. An MFU must completely retain its mobility at all times. An MFU does not include a stand or a booth. A roadside food vendor is classified as an MFU.
Mobile Food Vending Court -Any parcel of land where one or more Mobile Food Vendors congregate to offer food or beverages for sale to the public. This is considered a primary land use for the property.
Mobile Home (Manufactured Home or House) -A structure transportable in one or more sections, which, in the traveling mode, is eight body feet (8') or more in width or forty body feet (40') or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems.
Mobile Home Lot -That part of a parcel of land (mobile home site) in a mobile home district or park which has been reserved for the placement of one (1) mobile home unit.
Mobile Home Park -A parcel of land which is owned by an individual, a firm, trust, partnership, public or private association or corporation, and has been developed for rental of lots to tenants with mobile homes.
Neighborhood Convenience Center -Centers which carry convenience goods, such as groceries, drugs, hardware and some variety items, and also includes some service stores. The neighborhood convenience center may contain one (1) or two (2) small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called “spot necessity” items. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.
Nonconforming Use -The use of a building or land that does not conform to these zoning regulations and which lawfully existed at the time these zoning regulations became effective.
Park or Playground (Public) -An open recreation facility or park owned and operated by a public agency such as the city or the school and available to the general public for neighborhood use.
Parking Lot -An unenclosed, all-weather surface area used exclusively for the temporary storage of motor vehicles.
Parking Space -An area measuring at least nine (9) feet wide by eighteen (18) feet in length (except as otherwise provided in Section
23-B(2) of this ordinance), surfaced with an all-weather surface, enclosed or unenclosed, together with an all-weather surfaced driveway connecting the parking space with a street or alley permitting satisfactory ingress and egress. For computing off-street parking space requirements, parking spaces on public streets, alleys or rights-of-way shall not be used.
Personal Services -Businesses which provide services customized for an individual such as: tailor, barber or beauty shop, health studio, travel consultant, shoe repair, portrait photographic studio; however, uses such as customizing of motor vehicles are not included.
Planning and Zoning Commission -The agency appointed by the City Commission as an advisory body to it and which is authorized to recommend changes in zoning and review and approve or deny subdivision plats.
Plat -A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of La Feria and subject to approval by the Planning and Zoning Commission and City Commission. Reference to a Plat in this Ordinance means an official Plat of Records which has been approved by the Planning and Zoning Commission and City Commission and filed in the plat records of Cameron County.
Private Club -Facilities where food, beverages (including alcoholic beverages), entertainment, or meeting space are provided to members only.
Ranch -An area of two (2) acres or more which is used for the keeping or raising [of] farm animals and livestock including but limited to horses, mules, cows, cattle, and swine.
Recreational Vehicle or Travel Trailer -means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer or recreational vehicle by the manufacturer of the trailer and, when factory-equipped for the road, it shall have a body width not exceeding eight feet and a body lengthy [length] not exceeding state maximums.
Recreational Vehicle Park -means any development site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short-term occupancy of camper vehicle[s], recreational vehicles, tents or trailers.
Recycling Collection Facility -A facility designed to collect, sort, and package, by either manual or mechanical processes, recyclable items for transport to a processing plant.
Restaurant -Any eating or drinking establishment where the preparation and serving of food is the primary business of such establishment including cafes, bistros, cafeterias, and other fast food and drive-in food establishments.
Reverse Frontage -lots that are bordered on both the front and back by the right-of-way of a public street.
School -A place having a curriculum for the purpose of giving instruction, training or education in a service, art, trade, or for general knowledge.
Screening Element (Device) -Or suitably screened as herein referred, shall mean any of the following:
(1) Any solid material constructed of brick, masonry or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open;
(2) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or
(3) Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge, or other dense planting material.
Seat -As used in determining parking requirements for this ordinance, a seat shall mean such sitting spaces as needed or which is designed to be used for one person to sit down and occupy.
Servant or Caretaker’s Quarters -A secondary dwelling unit located on a lot with a main residential structure and used as living quarters for persons employed on the premises only and not for rent or use as a separate domicile by persons other than those employed on the premises or their immediate family.
Service Station -A building or premise [premises] where gasoline, oil, grease, batteries, tires and accessories may be supplied and dispensed at retail, and the servicing of vehicles occurs, but not including the overhaul of major automobile components, body work or repair of heavy trucks. A service station is sometimes referred to as a “gas station,” “filling station,” or “fuel service station.”
Setback -The required minimum distance between any structure and any property line of the lot on which it is located. Setbacks shall be measured perpendicular to lot lines. The terms “setback” and “required yard” shall mean the same and can be interchanged.
Shopping Center -An area consisting of three (3) acres or more arranged according to a site plan to be submitted to and to be approved by the city commission, on which is indicated the amount of land to be devoted to the shopping village, the detailed arrangement of the various buildings, parking area, streets and type of zoning desired. It shall be required that the installation of all utilities, drainage structures, the paving of streets, parking area, alley and sidewalks be in accordance with the city’s specifications for each type of improvement.
Sign -An outdoor device or structure which directs attention to a business, commodity, service, announcement, direction or entertainment conducted, sold, or offered to the public.
Specific Use -A use that may be allowed if it meets certain specified requirements or conditions and meets the approval of the city commission. Specific uses are sometimes referred to as “conditional” uses or “special uses.”
Stable (Private) -An accessory building used by the residents of the premises for sheltering and quartering of horses owned by the occupants and for which no fee is charged for stabling the horses.
Story -That portion of a building, other than a basement, included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it.
Story, Half -The topmost story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4') above the floor of such story, except that any partial story used for residence purposes shall be deemed a full story.
Street -A public or private thoroughfare or road which affords the principal means of access to abutting property.
Structural Alteration -Any change, addition or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters or trusses.
Structure -Anything constructed or erected having location on or under the ground or attached to something having location on or under the ground.
Television Satellite Dish -An earth-based station shaped like a dish which is used for the reception of satellite signals for television programs.
Terminal, Motor Freight -The use of property or buildings for the temporary parking of motor vehicles or trucks of common carriers, during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight.
Tourist Camp or Court -A group of attached or unattached buildings containing individual sleeping or living facilities for overnight tourists, with parking facilities conveniently located to each unit.
Townhouse or Condominium -A single family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party or common walls or are located immediately adjacent thereto with no visible separation between walls or roofs.
Trailer Camp or Park -An area designed, arranged or used for the parking or storing of one or more recreational vehicles, travel trailers, motor homes, motor coaches, pick-up campers, and camping trailers which are occupied or intended for occupancy as temporary living quarters by individuals or families.
Underground Shelter -A concrete structure designed for the protection of humans from tornadoes or from nuclear blast, heat, or fall-out, the main portion of which is underground.
Use -The purpose for which land or a building or structure thereon is designed, arranged, intended or maintained or for which it is or may be used or occupied.
Use, Accessory -A subordinate use on the same lot with the principal use and incidental and accessory thereto.
Variance -An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.
Washateria -A building or place where clothes and linens are washed and thoroughly dried on a self-service basis by the use of washing, drying, and ironing machines and shall include the term “self-cleaning laundry.”
Yard -An open space, other than a court, on the same lot with a building and which is not obstructed from ground level to the sky except for roof overhangs, fences, trees, and shrubs.
Yard, Front -A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.
Yard, Rear -A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.
Yard, Side -A yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.