The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Furthermore, words used in the present tense include the future; the term "building" includes the term "structure"; the term "lot" includes the term "plot." The term "used for" includes the meaning "designed for" or "intended for." In the case of dispute over the definitions of terms used in this chapter, the City Council shall provide definitions which shall be added to this chapter by amendment.

Accessory building or use means 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.

Agriculture means the planting, cultivating and harvesting of crops such as grains, fibers, hay and vegetables commonly grown in the County. The raising and feeding of livestock and poultry shall be considered an agricultural venture if the area in which the livestock or poultry is kept is ten acres or more in area, provided that this definition shall not include feed lots or poultry farms.

Alley means a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street; it is also public space or way, 20 feet or less in width, which has been dedicated or deeded for public use.

Apartment, apartment house orapartment building means a building arranged, intended or designed for more than two families, and shall include flats and other multifamily dwellings.

Billboard means a sign advertising products not made, sold, used or served on the premises displaying such sign, or a sign having a height greater than 12 feet or a width greater than 18 feet, including supports.

Block means a parcel of land entirely surrounded by public highways or streets, other than alleys.

Board means the Board of Adjustment of the City.

Boardinghouse means a building other than a hotel, where lodging or meals for five or more persons are served for compensation.

Buildable area means the maximum amount of allowable space of a lot upon which a structure or building may be erected, after meeting the coverage, yard and other requirements of this chapter.

Building means an enclosed structural unit, anchored to a permanent foundation, and having exterior or party walls and a roof, designed for the shelter of persons, animals or property.

Building area means the total area of a lot enclosed by a line formed by the outside surface of all walls at the foundation line of a structure when placed on a lot.

Building, height of, means the vertical distance measured from the curb level to the highest point of the roof surface, if a flat floor; to the deck line of a mansard roof; and to the mean height level between eaves and ridges for a gable, hip or gambrel roof; provided, however, that where the building is set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.

Building line means a line behind which all building must be built, such line generally being parallel to the front lot line.

Building lot means a tract of land which, at the time of filing for a building permit, is intended by its owner or developer to be used, developed or built upon as a unit, under single ownership or control. It shall front upon a dedicated street.

Building, principal, means a principal building is one in which a main use of the lot, on which it is located, is conducted.

Carport means a structure with a wall on one or more sides, covered with a roof and constructed specifically for the storage of one or more automobiles.

Cluster housing means any dwelling units arranged according to an approved site plan in a configuration which may depart from the conventional zoning district lot or yard requirements. A cluster housing development shall be considered a single use occupying a single lot for zoning purposes.

Commercial recreation means any building designed for, or occupied by, bowling alleys, health clubs, swimming pools, indoor golf, ice skating, billiards, indoor and outdoor theaters, and other similar recreational activities operated as commercial enterprise.

Commission means the Planning and Zoning Commission of the City.

Community recreational facilities means any parks, playgrounds and community buildings owned and/or operated by the City or other governmental agency, country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

Conditional use means a use which may be permitted in a district subject to meeting certain conditions or procedures set forth in this chapter.

Corner lot means a lot abutting upon two or more streets at their intersection.

Court means an open, unoccupied space, other than a yard, on the same lot with a building and which is bounded on two sides by a building.

Curb level means the level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the City staff shall establish such curb or its equivalent for the purpose of this chapter.

Customary home occupation means a use conducted entirely within an enclosed dwelling, employing only the inhabitants thereof, which is clearly incidental and secondary to residential occupancy and does not change the character thereof.

Day nursery means an agency, organization or individual providing daytime care for more than six children not related by blood or marriage to, or not the legal wards or foster children of, the attendant adult.

District means a zoning district, which is a part of the City, wherein the regulations of this chapter are uniform.

Dwelling means a building or portion thereof, designed exclusively for residential occupancy including, but not limited to, single-family, two-family and multifamily dwellings, community house, boardinghouses or lodginghouses, apartment houses, apartment hotels and mobile homes, but not including hotels, motels, or recreation house trailers.

Dwelling, multifamily, means a building or portion thereof, arranged, intended or designed for occupancy by three or more families including, but not limited to, apartment houses, row houses, tenements and apartment hotels.

Dwelling, single-family, means a detached building arranged, intended or designed for occupancy by one family.

Dwelling, two-family, means a building arranged, intended or designed for occupancy by two families.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons.

Eating and drinking places means a retail establishment primarily engaged in the sale of prepared food and drinks for consumption on the premises.

Enclosed building means a building surrounded by four or more walls and a roof.

Enclosed storage means an area surrounded by a solid fence or wall to a height of eight or more feet which effectively screens the contents from view and protects from the spread of fire and vandalism.

Exterior side yard means a yard which faces or parallels a side street.

Family means one or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit; or a group of not more than five living together by joint agreement and occupying a single housekeeping unit on a nonprofit, cost-sharing basis.

Farm means an area of two or more contiguous acres, used for the growing of the usual farm products (such as vegetables, fruits, trees, and grain) and their storage, as well as the raising thereon of the usual farm animals such as horses, cattle, sheep, chickens and swine, on a limited basis, and including dairy farms with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of normal activities, and provided further that it does not include the commercial raising or pen feeding of animals, or the commercial feeding of offal or garbage to swine or other animals, and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Frontage means all the property abutting on one side of a street between two intersecting streets, measured along the street line.

Garage, detached orprivate, means an accessory building for storage only for motor vehicles.

Ground coverage ratio means the percentage of lot area allowed to be included within the outside lines of the exterior walls of all buildings located on a lot.

Height means the vertical distance from the highest point on a structure to the average ground level of the grade where the walls or other structural elements intersect the ground.

Height of yard or court means the vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

Home occupation means a commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms; without the installation of machinery or additional equipment of additional persons; without the use of a sign to advertise the occupations; and which does not cause the generation of other than normal noise, and pedestrian and vehicular traffic.

Industry, heavy, means an establishment engaged in the manufacture, processing, assembly, packaging, compounding and/or treatment of raw materials.

Industry, light, means an establishment engaged in the manufacture, processing, assembly, packaging, compounding, and/or treatment of finished or semi-finished products from previously prepared material, but not including those establishments wherein the manufacture or processing is incidental and essential to an enterprise in which all merchandise is sold at retail on the premises.

Loading space means an off-street space for the parking of a vehicle while loading or unloading merchandise or materials.

Lot means a tract or parcel of land which is occupied by one building or use and the accessory buildings or uses customarily incident to it, and having frontage on a dedicated street.

Lot, corner, means a lot situated at the intersection of two streets.

Lot depth means the horizontal distance between front and back property lines, measured at the center of the front building line.

Lot, interior, means a lot other than a corner lot.

Lot line, front, means the boundary of a building lot which is also the line of any existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line provided a front and rear yard are established adjacent and opposite, respectively, to the front lot line.

Lot line, rear, means the boundary line which is opposite and most distant from the front street line, except that in the case of uncertainty the City staff shall determine the rear line.

Lot line, side, means any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering an alley or place, or a side street line.

Lot lines means the lines bounding a lot as defined herein.

Lot of record means a lot which is a part of a subdivision, the map of which has been recorded in the Office of the County Clerk of Frio County, Texas.

Lot, through, means a lot other than a corner lot, with frontage on two streets. On a through lot both street lines shall be deemed front lot lines.

Lot width means the horizontal distance between side property lines, measured at the center of the side building line.

Lots in separate ownership at the time of the passage of the ordinance from which this chapter is derived means a lot whose boundary lines, along their entire length, touched lands under other ownership as shown by plat or deed recorded in the Office of the Recorder of Deeds of Frio County, Texas, on or before the date of the adoption of the ordinance from which this chapter is derived.

Manufactured housing means any structure fabricated at one site and transported to, or erected at, another site and designed exclusively for residential occupancy. Housing in this category includes prefabricated and modular dwelling and mobile homes.

Mobile home means any vehicle or similar portable structure mounted or designed for mounting on wheels, used or intended for use for dwelling purposes, including structural additions, except parked and unoccupied camping type trailers. Any such vehicle or structure shall be deemed to be a mobile home whether or not the wheels have been removed therefrom and whether or not the vehicle or structure is resting upon a temporary or permanent foundation.

Modular home means a structure or building module which is a minimum of 20 feet wide and manufactured at a location other than the location where it is installed and used as a residence, transportable in one or more sections on a temporary chassis or other conveyance device, to be used as a permanent dwelling when installed and placed upon a permanent foundation system.

Motel means a building or group of buildings which contains living or sleeping accommodations used primarily for transient occupancy, and has individual entrances from outside the building to serve each such living or sleeping unit.

Nonconforming building means any building, or part thereof, which does not, by reason of design, use or dimension, conform to the regulations of the district in which it is situated. It is a legal nonconforming building if established prior to the passage of the ordinance from which this chapter is derived.

Nonconforming lot means any lot, or part thereof, which does not, by reason of design, use or dimension, conform to the regulations of the district in which it is situated. It is a legal nonconforming lot if it is established prior to the passage of the ordinance from which this chapter is derived.

Nonconforming use means any use, or part thereof, which does not, by reason of design, use or dimension, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if it is established prior to the passage of the ordinance from which this chapter is derived.

Officer, referred to in this chapter by title, means the person employed or appointed by the City, of that position, or his duly authorized representative.

Parking space means a paved area of at least 200 square feet, enclosed or unenclosed, sufficient in size to store one automobile, having a paved driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. A parking space shall not occupy any public land. In a cluster housing development, a parking space may immediately abut a private drive which serves as a primary means of access.

Pasturage means fallow land used primarily for the grazing of animal stock.

Paved areas means an area surfaced with asphalt, concrete or similar all-weather surface, not including gravel.

Permitted use means a use specifically allowed in one or more of the various districts without the necessity of obtaining a conditional use permit.

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

Place of worship means any building or structure which is principally used for worship or other similar religious activity including, but not limited to, churches, temples, synagogues and tabernacles.

Planning and Zoning Commission means the Planning and Zoning Commission of the City.

Planting screen means a vegetative row of upright growing evergreen plants at least 30 inches high and no more than 48 inches apart, center to center, when planted, and designed specifically to provide maximum opacity from the ground to a height of six feet in four years.

Private recreational amenities means any recreational, social and multipurpose uses within a subdivision or other residential development which are operated and maintained by a property owner association or other designated management agency for the benefit and enjoyment of members and their guests. Typical uses include clubhouses, tennis courts, playgrounds and swimming pools.

Public use means any use controlled by the City, County, State, federal or any other governmental entity.

Residential use means any use consisting principally of dwelling units.

School means any public elementary and secondary school and/or private school with an equivalent curriculum.

Service floor area means the total floor area of a building exclusive of stairways, restrooms, storage rooms, hallways or other areas which are not regularly used by inhabitants, visitors, employees, clients, customers, patients or patrons in the normal, everyday use of the building.

Setback means the required horizontal distance between a structure and a lot line.

Sign means any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached and used for advertising purposes.

Story means that part of a building included between the surface of one floor and the surface of the floor above or, if there is no floor above, that part of the building which is above the surface of a floor and the ceiling next above. 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 a half-story when between 50 and 75 percent of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.

Street means any public thoroughfare, space or right-of-way which affords principal means of vehicular access to property abutting thereon and which has been dedicated for use as a roadway.

Street line means the dividing line between the street and the abutting property.

Structural alteration means any alteration involving a change in or addition to the supporting members of a building, such as bearing walls, columns, beams and girders.

Structure means anything constructed or erected which requires location on the ground, or attachment to something having a location on the ground, including but not limited to signs and excepting utility poles, fences and retaining walls.

Temporary building means an enclosed building, the use of which is incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

Townhouse orrowhouse means one of a group of no less than four attached dwelling units, each located on a separate lot.

Trailer or mobile home court or park means land used, or intended to be used, let or rented for occupancy as set forth in this chapter.

Trailer house ormobile home means any structure used for living or sleeping purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and which has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place.

Variance means relief from or variation of the provisions of these regulations, other than use regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in powers and duties of the Board of Adjustment.

Yard means an open space of grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. Where lots abut a street that is designated a thoroughfare on the City map, all yards abutting said street shall be measured from a line one-half the proposed right-of-way width from the centerline, or from the lot line, whichever provides the greater setback.

Yard, front, means a yard across the full width of the lot from the front line of the main building to the front line of the lot.

Yard, rear, means a yard between the rear lot line and the rear line of the main building and the side lot lines.

Yard, side, means a yard between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard.

Zoning Administrator means a member of the City staff, appointed by the City Manager, who has the duty of administering this chapter. The Zoning Administrator shall have department head status.

(Ord. of 4-4-1983, § 4; Ord. of 9-10-1997, § 1)

(a)

Title. This chapter shall be known and may be cited as "The City of Pearsall, Texas, Zoning Ordinance."

(b)

Purpose. This chapter is adopted for the purpose of lessening confusion in the streets; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land and abutting traffic ways; to avoid undue concentration of populations; to facilitate the economic and adequate provision of transportation, water, sewerage, schools, parks and other public facilities.

(Ord. of 4-4-1983, § 1)

(a)

Created. An agency of the City Council is hereby created, which shall be known as the City of Pearsall Planning and Zoning Commission, and such Commission shall consist of five members who are residents and taxpayers of the City.

(b)

Terms of appointment. The members of the Commission shall be appointed by the City Council and shall serve for a two-year term; however, a member shall continue to serve until his successor is appointed by the City Council. Furthermore, each member is removable for cause by the City Council upon written charges and after a public hearing.

(c)

Vacancies. As the term of office of each member terminates, the City Council shall appoint another member to fill such vacancies. Vacancies shall be filled for the remainder of the unexpired term of any member, whose place becomes vacant for any cause, in the same procedure as the original appointment.

(d)

Commission may establish its own rules. The Commission may establish its own rules as to the attendance of its members at its meetings and, in furtherance of such, the Commission may, by a majority vote and subject to final approval by the City Council, expel any member who, in the opinion of the Commission, misses an unreasonable number of meetings.

(e)

Parliamentary procedure; Chairman; meetings. The Commission is hereby empowered to establish its own Parliamentary procedure, provided that such shall not be in conflict with the law applicable to the Commission or the following:

(1)

Quorum. A quorum shall consist of four members of the entire membership of the Commission and any issue to be voted on shall be resolved by a majority of those present.

(2)

Chairperson of the Commission. The Chairperson of the Commission shall be appointed by a majority vote of the Commission and remain as such until the expiration of his term. The Chairperson shall be entitled to vote upon any question, but shall have no veto power.

(3)

Meetings. The regular meeting date of the Commission shall be the first Monday of each month, unless otherwise as may be changed or amended to a different date. Meetings shall be held at the call of the Chairman and at such other times as the Commission may deem necessary. Meetings shall be open to the public and minutes shall be kept, and shall be treated as public record.

(f)

Powers and duties. The Commission shall have the power and shall be required to:

(1)

Make, amend, extend and/or add to the Comprehensive Plan for the physical development of the City.

(2)

Study plans and plats of proposed subdivisions and shall, within legal limits, recommend that such subdivisions meet with all the standards and requirements as set forth in the Subdivisions chapter.

(3)

Draft and recommend to the City Council for its action, an official map of the City and recommend proposed changes in such map.

(4)

Make and recommend to the City Council for its action, plans for the clearance and rebuilding of slum districts and blighted areas which may develop within the City.

(5)

Make and recommend to the City Council for its action, zoning plans and recommend changes in such plan (e.g., zoning changes; conditional use permit).

(6)

Make and recommend to the City Council for its action, highway/street facilities and proposed extensions thereof.

(7)

Review and recommend to the City Council for its action, alterations to existing building, plumbing, electrical and related codes.

(8)

Draft and recommend to the City Council for its action, recommendations for annexation to the City.

(9)

Meet not less than once each month, with meetings to be held at City Hall, unless notice of change of meeting place is published in a newspaper of general circulation in the City.

(10)

Perform such other functions as may be duly delegated to it from time to time by the City Council, provided, however, that such functions do not conflict with any applicable State law.

(g)

Commission declared to be adjunct to City Council. The Planning and Zoning Commission is hereby declared to be an adjunct to the City Council. All administrative personnel are hereby authorized and directed to cooperate with and assist the Commission at all reasonable times.

(Ord. of 4-4-1983, § 2)

In interpreting and applying the provisions of this chapter, they shall be held to minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, or any statute, local ordinance or regulations, except that if this chapter imposes a greater restriction or higher standard, this chapter shall control. If a question should arise as to the publication and/or public notice procedures contained herein, same shall be handled in accordance with all applicable State law.

(Ord. of 4-4-1983, § 20)