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Sinton City Zoning Code

ARTICLE I

- GENERAL PROVISIONS

Sec. 156.001. - Title.

This chapter shall be known as "The City of Sinton, Texas, Zoning Ordinance."

(Code 1996, § 156.001; Ord. No. 1994-06, 3-1-1994)

Sec. 156.002. - Enacting clause.

There is enacted the following zoning ordinance, with a map creating and delineating zoning districts, which amends in its entirety, the zoning ordinance with a map of zoning districts of the city dated October 7, 1986, said amendment together with a map creating and delineating zoning districts.

(Code 1996, § 156.002; Ord. No. 1994-06, 3-1-1994)

Sec. 156.003. - Purpose.

The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, and general welfare of the city. They have been designed to lessen the congestion in the street; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with view toward conserving the value of building and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.

(Code 1996, § 156.003; Ord. No. 1994-06, 3-1-1994)

Sec. 156.004. - Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Definitions not expressly prescribed herein are to be construed in accordance with the customary usage in municipal planning and engineering practices.

Accessory building or use.

(1)

The term "accessory building or use" means any accessory building or use is one which:

a.

Is subordinate to and serves a principal building principal use.

b.

Is subordinate in area, extent, or purpose to the principal building or principal use served.

c.

Contributes to the comfort, convenience, and necessity of occupants of the principal building or principal use served.

(2)

The term "is located," when used in the text, shall have the same meaning as accessory use. An accessory building may be part of the principal building if there is no natural fire break, such as an alley or easement abutting the rear lot line. Accessory buildings shall be set back a minimum of five feet from the adjoining property. If a fire break of six feet or more exists between the rear lot line and the adjoining property, no setback is necessary for an accessory building.

Alley means a public right-of-way which affords a secondary means of access to abutting property.

Apartment means a room or group of rooms in an apartment building used as a dwelling for one family unit which does its cooking therein.

Apartment building means a building or portion thereof used or intended to be used as a home for three or more families or households living independently of each other and each equipped for preparation of food.

Basement means a story, or portion of a story, partly below curb level, which at least one-half of its height, measured from floor to ceiling, is above curb level. The curb level nearest to a story, or portion of a story, shall be used to determine whether such story, or portion of a story, is a basement.

Block means a tract of land bounded by streets or a combination of streets and public parks or corporate boundaries of the city.

Boardinghouse means a building other than hotel, motel, or an apartment hotel where, for compensation and prearrangement for a definite period, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.

Buffer zone means a strip of land created to separate and protect one type of land use from another.

Building.

(1)

The term "building" means any structure which:

a.

Is permanently affixed to the land;

b.

Has one or more floors and a roof;

c.

Is bounded by either open area or the lot lines.

(2)

The term "building" does not include such structures as billboards, fences, radio towers, or structures with interior surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or similar structures.

Building area means the total square footage of a lot covered by a building measured on a horizontal plane at mean grade level.

Building, detached, means a building which is surrounded by yards or open space on its building lot.

Building envelope means the net cubic space that remains for placing a structure on a site after building line, setback, side yard, height, and bulk regulations are observed.

Building height means 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 to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.

Building line means a building limit fixed at a specific distance from the front or side boundaries of a lot beyond which a structure cannot lawfully extend.

Building official means the officer or other designated authority charged with the administration and enforcement of this chapter, or his representative.

Building plot means the land, lots, or tract of land upon which a building or buildings are located, or upon which they are to be constructed, including yards and bounded by the property line.

Clinic means an establishment of offices in which a group of physicians, dentists, or other practitioners of the healing arts, and allied professional assistants are associated for the purpose of diagnosing and the treating of ill or injured persons. A clinic may include a medical or dental laboratory, but may not include facilities for providing room or board for patients. A clinic may not include offices or facilities for veterinarians.

Club means an association of persons for the promotion of some nonprofit common objective, such as literature, science, politics, good fellowship and similar objectives which meets periodically and which is limited to members.

Commercial amusement means any enterprise whose main purpose is to provide the general public with an amusing or entertaining activity where tickets are sold or fees collected at the gates of the activity. Commercial amusements including zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, Ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises.

Common property means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a planned unit.

Comprehensive master plan means a legal document often in the form of a map and an accompanying text adopted by the local legislative body. The plan is a compendium of its general policies regarding the long-term development of its jurisdiction. It is also called a "general plan" or "city plan."

Convalescent home means any structure used or occupied by three or more persons recovering from illness or receiving geriatric care for compensation.

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

Court means an open, unoccupied space bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.

Dance hall means an establishment devoted to entertainment primarily providing a dance floor and music for dancing, that derives less than 75 percent of its gross revenue from the on-premises sale of alcoholic beverages.

District means any section of the city for which the zoning regulations covering the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Dormitory means any structure specifically designed to house student tenants associated with a university, college or school.

Dwelling means any building or portion thereof which is designed for use for residential purposes.

Dwelling, duplex, means a building designed for or occupied exclusively by two families.

Dwelling, multifamily, means a building or portion thereof constructed for or occupied by two or more families and containing two or more dwelling units.

Dwelling, one-family, means a building designed for or occupied exclusively by one family.

Dwelling unit means a room or suite of two or more rooms designed or intended for use by an individual or family in which culinary and sanitary conveniences are provided for the exclusive use of such individual or family.

Electronic cigarette or e-cigarette means any device that uses an atomizer or similar device that allows users to inhale nicotine vapor or other vapor without the use of fire, smoke, or ash. The definition shall include, but is not limited to, electronic cigarettes, electronic cigars, or electronic pipe, and any cartridge or other component of the device or related product including any liquid products that are manufactured for use with e-cigarettes.

Family means a collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. The term "family" shall not include any society, club, fraternity, sorority, association, lodge, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period,

Fraternity, sorority or group student house means a building occupied by, and maintained exclusively for, students affiliated with an academic or vocational institution.

Frontage means all the property on one side of the street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.

Garage, commercial, means a premises and structure used for housing more than five motor vehicles or where any vehicles are repaired for operation or kept for remuneration, hire, or sale.

Garage, private, means an accessory building designed or used for the storage of not more than four motor-driven vehicles or where any vehicles owned or used by the occupants of the building to which it is necessary. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity.

Garage, public, means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

Home occupation means any occupation or activity carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign other than a personal family name plate not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity which is prepared without a specific order placed before delivery, and sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes.

Hospital, sanitarium, nursinghome or convalescent home means a building or portion thereof, used or designed for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons, provided that the term "hospital," "sanitarium," "nursing home" or "convalescent home" shall not include rooms in any residential dwelling, hotel, apartment or hotel not ordinarily intended to be occupied by said persons.

Hotel means a building used or intended to be used as living quarters for transient guests, but not excluding permanent guests, and may include a cafe, drugstore, clothes pressing shop, barber shop or other service facilities for guests for compensation.

HUD-code manufactured home.

(1)

The term "HUD-code manufactured home" means a structure:

a.

Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;

b.

Built on a permanent chassis;

c.

Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;

d.

Transportable in one or more sections; and

e.

In the traveling mode, at least eight body-feet in width or at least 40 body-feet in length or, when erected on site, at least 320 square feet.

(2)

The term "HUD-code manufactured home" includes the plumbing, heating, air conditioning, and electrical systems of the home.

(3)

The term "HUD-code manufactured home" does not include a recreational vehicle as defined by 24 CFR 3282.8(g).

Kindergarten means any school, private or parochial, operating for profit or not, attended by four or more children at any one time during part of a 24-hour day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

Loading space mean 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 12 by 35 feet and a vertical clearance of at least 14 feet.

Lot means the physical and undivided tract or parcel of land as shown on the duly recorded plat. A lot may be increased in size to include part of an adjoining lot, provided that the remaining portion of land meets the minimum dimension requirements of this chapter or is included in another adjoining lot. The owner of any enlarged lot shall file in the deed records of the county an affidavit adequately defining the dimensions of the enlarged lot and thereafter the enlarged tract shall be considered a single lot within the meaning of this chapter and may not be redivided without an approval of the planning and zoning commission.

Lot, corner, means a lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the point of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.

Lot, double frontage, means a lot having a frontage on two non-intersecting streets as distinguished from a corner lot.

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

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the county clerk, or a parcel of land, the deed of which was recorded in the office of the county clerk.

Manufactured home or manufactured housing means a HUD-code manufactured home or a mobile home.

Mobile home.

(1)

The term "mobile home" means a structure:

a.

Constructed before June 15, 1976;

b.

Built on a permanent chassis;

c.

Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;

d.

Transportable in one or more sections; and

e.

In the traveling mode, at least eight body-feet in width or at least 40 body-feet in length or, when erected on site, at least 320 square feet

(2)

The term "mobile home" includes the plumbing, heating, air conditioning, and electrical systems of the home.

Motel or motor hotel means a building or group of buildings including either separate units or a row of units which contain sleeping accommodations primarily for transient occupancy and providing off-street parking space on the same building lot for use of its occupants.

Multiple building complex means more than one principal building on a building plot.

Nightclub means an establishment open at night and devoted to entertainment primarily serving food and beverages and providing a floor show, music, and/or dancing, that derives less than 75 percent of its gross revenues from the on-premises sale of alcoholic beverages.

Nonconforming use means the use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is situated and which use was in existence prior to the effective date of this chapter.

Occupancy means the use or intended use of the land or buildings by proprietors or tenants.

Open space means that part of the countryside which has not been developed and which is desirable for preservation in its natural state for ecological, historical, or recreational purposes, or in its cultivated state to preserve agricultural, forest, or urban greenbelt areas.

Parking space means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of an automobile. A parking space shall not occupy any public land.

Permit means an official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity.

Planned unit means a land area which has individual building sites and common property such as a park and is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may be either public or private.

Planned unit development means a single planned unit as initially designed; or such a unit as expanded by annexation of additional land area; or a group of continuous planned units, as separate entities or merged into a single consolidated entity.

Plot plan means a plan showing the use of the land, to include location of buildings, drives, sidewalks, parking areas, drainage facilities and other structures to be constructed.

Retail electronic-cigarette store/vaporizer store, retail tobacco store means any business establishment for which more than 50 percent of the gross floor area is dedicated to the storage, mixing, display, and or retail sale of electronic cigarettes, nicotine-enriched solutions, liquid products that are manufactured for use with e-cigarettes, tobacco products such as cigars, pipe tobacco, and cigarette. The business may also sell items such as lighters, matches, cigarette holders, and devices to preserve tobacco, cigars, or cigarettes, which are merely incidental to the sale of tobacco, e-cigarettes, and vape products.

Retail food store means a retail establishment selling meats, fruits, vegetables, bakery products, dairy products, light hardware and other similar items which are purchased for use and/or consumption off the premises (may be a drive-in or supermarket type).

Retail service station means an establishment where gasoline, oil, and grease, or automobile accessories are sold, supplied or dispensed to the motor vehicle trade or where motor vehicles receive limited repair, are equipped for service, or where electric storage batteries are charged and cared for, or a place where any two or more such activities are carried on or conducted as the principal use of the establishment.

Roominghouse means a group of rooms provided for compensation either in a converted single family home or in a structure specifically designed for such purposes. No cooking facilities are provided in individual living units.

Roominghouse and boardinghouse means a building where both rooms and meals are provided for compensation for more than four persons.

Setback line means a line which marks the setback distance from the property line, and establishes the minimum required front, side and rear yard space of a building plot.

Shopping center means a composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit.

Sign, advertising, means poster panel, painted bulletins or other advertising devices which promote and advertise commodities or services not limited to being offered on the premises on which such signs are located.

Sign, business, means a graphic device which advertises only commodities or services offered on the premises where such sign is located.

Sign, church and school, means name plates and bulletin boards for schools and churches located on premises, but not exceeding 30 square feet in area and not a flashing, intermittent, revolving or similar lighted type.

Sign, freestanding, means a freestanding sign supported by a single vertical support anchored or set in the ground, no exposed face of which exceeds 64 square feet in surface area.

Sign, real estate, means temporary signs pertaining to the sale or rental of property upon which they are located, not exceeding 20 square feet in area and advertising property only for a use which it is legally zoned.

Specific use permit means a use which may be permitted in a specific zoning district, under certain conditions, subject to city council approval after public hearing and recommendation by the planning and zoning commission. The use shall comply with minimum lot area, setback requirements and other related performance standards.

Storage garage means any premises and structure used exclusively for the storage of more than five automobiles.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purpose, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Structural alteration means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.

Structure means anything constructed or built, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Structure, principal, means the principal structure which fulfills the purpose for which the building plot is intended.

Tavern means any establishment that derives 75 percent or more of its gross revenue from the on-premises sale of alcoholic beverages.

Use means the purpose of activity for which the land or building thereby is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.

Variance means a legal deviation of a district zoning regulation whose strict enforcement will result in undue hardship. Pecuniary hardship to the owner, standing alone, shall not be deemed to constitute undue hardship.

Variety store means a retail commercial establishment which supplies a variety of household goods, toys, light hardware items, candy, some clothing and other general merchandise.

Wrecking or salvage yard means a place where waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including house wrecking yards, used lumber yards, and places for storage of salvaged materials of house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment where conducted entirely within a completely enclosed building, or salvaged materials incidental to a manufacturing operation.

Wrecking or salvage yard, auto, means a place where autos, trucks, motorcycles or other self-propelled vehicles are bought, sold, exchanged, baled, disassembled, stored or handled, but not including such places where such uses are conducted entirely within a completely enclosed building and not including sale of used cars in operating condition.

Yard means an open space at 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 herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front, means a yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the property line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots, the front yard shall be considered a parallel to the street upon which the lot has its least dimension.

Yard, rear, means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches.

Yard, side, means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any other projections thereto.

(Code 1996, § 156.004; Ord. No. 1994-06, 3-1-1994; Ord. No. 1995-01, 1-17-1995; Ord. No. 1999-05, 7-6-1999; Ord. No. 2025-01, § 2.1.a, b, 2-18-2025)

Sec. 156.005. - Minimum requirements.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of public health, safety, morals, and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirement that is more restrictive or that imposes higher standards as determined by the building inspector shall govern.

(Code 1996, § 156.005; Ord. No. 1994-06, 3-1-1994)

Sec. 156.006. - Conflicting provisions.

Ordinances and all orders, ordinances or parts of ordinances in conflict with this chapter, or inconsistent with the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.

(Code 1996, § 156.006; Ord. No. 1994-06, 3-1-1994)

Sec. 156.007. - Compliance required.

(a)

No land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided.

(b)

The minimum yards, parking spaces, and open spaces, including lot area per family required by the height and area provisions of this chapter for each and every building existing at the time of passage of the ordinance from which this chapter is derived or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.

(Code 1996, § 156.007; Ord. No. 1994-06, 3-1-1994)

Sec. 156.008. - Annexed land.

All land annexed to the city shall be automatically classified as agricultural zone (A), or such other zone as agreed to by the city council. No land may be used nor any building constructed without first complying with the appropriate zone district and use. If a given use or structure is in existence prior to annexation, such use or structure shall be considered nonconforming, if not in compliance with the zoning requirements, and shall continue unless occupancy has ceased for a period of six months.

(Code 1996, § 156.008; Ord. No. 1994-06, 3-1-1994)