These regulations shall be known and may be cited as, “The Town of St. Paul, Texas, Comprehensive Zoning Ordinance,” and shall apply to the land within the corporate limits of the Town.

In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements adopted for promotion of the public health, safety, and welfare. The zoning regulations and districts established herein have been made for the purpose of promoting health, safety, moral responsibility, and the general welfare of the Town, and have been designed, among other things:

It is not intended by these regulations to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by covenant, deed, easement, or other private agreement. Where this ordinance imposes a greater restriction upon land, buildings, or structures than is imposed or required by other ordinances, covenants, or agreements, the provisions of these regulations shall govern. Where other ordinances impose a greater restriction than is imposed herein, the provisions of such other ordinances shall govern.

Accessory Building or Use: A building or use is one which (a) is subordinate to and serves a principal building or 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; and (d) is located on the same building lot as the main building or principal use served. “Accessory” when used herein shall have the same meaning as accessory use.

Alley: A public space or thoroughfare, which may afford secondary means of access to property abutting thereon.

Area of the Lot: The area of the lot shall be the net area of the lot and shall not include portions of public streets, alleys, and land designated as the 100-year floodplain.

Auto Laundry: A building, or portion thereof, containing facilities for washing automobiles using automated methods including chain conveyor, blower, steam cleaning device, or other mechanical devices. A self-service type of carwash is an auto laundry.

Basement: A building story (basement or cellar) which is partly underground but having at least one-half its height above the level of the adjoining ground. The portion below the level of the adjoining ground shall not be counted in computing building height.

Block: An area enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side.

Board: The Board of Adjustment of the Town of St. Paul, Texas.

Building: Any structure built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building Height: The number of stories contained in a building and/or the number of feet above the level of the adjoining ground.

Building Line (Setback Line): A line parallel or approximately parallel to the road easement or right-of-way or property line at a specific distance therefrom marking the minimum distance from the street line or property line that a building may be erected.

Building Lot: A single tract of land located within a single block which (at the time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a “building lot” may be subsequently subdivided into two or more “building lots” or a number of “building lots,” subject to the provisions of this Ordinance and the Subdivision Ordinance.

Building Official: The Building Inspector or administrative official charged with the responsibility for issuing permits and enforcing the Town's zoning ordinances, subdivision ordinance, and building codes.

Certificate of Occupancy or Compliance: An official certificate issued by the Town through the Building Official which indicates conformance with or approval of a conditional waiver from the Zoning Regulations and authorizes legal use of the premises for which it was issued.

Church or Rectory: A place of assembly and worship by a recognized religion including synagogues, temples, churches, instruction rooms, and the place of residence for the ministers, priests, rabbis, teachers, and directors of the premises.

Clinic: A group of offices for one or more physicians, surgeons, dentists or similar members of the medical profession to treat sick or injured outpatients or animals.

College or University: An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools.

Commission and/or Planning Commission: The Planning and Zoning Commission of the Town of St. Paul, Texas.

Conditional Use: A use which shall be permitted in a particular district only upon fulfillment of the conditions as set forth for that use in the use regulations for the appropriate district.

Convalescent Home: Any structure used for, or customarily occupied by, persons recovering from illnesses or suffering from infirmities of age.

Council: The Town Council of the Town of St. Paul, Texas.

Courtyard: An open, occupied space bounded on more than two (2) sides by the walls of a building. An inner courtyard is entirely surrounded by the exterior walls of a building. An outer courtyard is a court having one side open to a street, alley, yard, or other permanent open space.

Day Nursery or Kindergarten: An establishment where four (4) or more children are left for care or training during the day or portion thereof including a recreation area with or without a building where children engage in supervised training or recreation during daylight hours.

Depth of Lot: The mean horizontal distance between the front and rear lot lines.

Development or to Develop: A “development” includes the construction of new buildings or structures on a building lot, the relocation of an existing building on another building lot, or the use of open land for a new use. To “develop” is to create a development.

District: A section of the Town for which the regulations of this Ordinance, such as the area, height, use, etc. of the land and buildings, are uniform.

Dwelling, Single-Family: A site-built detached building, but not a HUD-Code Manufactured Home, having accommodations for and occupied by not more than one family, located on a lot or separate building tract, and having no physical connection to a building located on any other separate lot or tract.

Dwelling Unit: A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters of a family and including facilities for food preparation and sleeping.

Farm or Ranch: An area which is used for growing of usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on said premises, but not including the commercial feeding or the feeding of garbage to swine or other animals and not including any type of agricultural or husbandry specifically prohibited by ordinance or law. Swine are prohibited in all areas of the Town except pet Vietnamese (pot-bellied) pigs.

Floor Area: The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding unfinished cellars, carports, or garages.

Garage, Auto Repair: A building or portion thereof whose principal use is for the repair, servicing, equipping, or maintenance of motor vehicles or motor vehicle components, including engines, radiators, starters, transmissions, brakes, tires and wheels, seats, and similar components. A commercial auto repair garage does not qualify as a home occupation as defined herein.

Golf Course and/or Country Club: An area containing a golf course and/or a club house and available to the public or for private membership. Such operations may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.

Guest House/Guest Quarters: An accessory building located on the same lot as a principal residence occupied by guests of the principal residence and may not include kitchen facilities and not for use as rental property. Intended for occasional use only by relatives or friends.

Home Occupation: A business, occupation, or profession conducted entirely within a primary residential dwelling unit by a resident thereof, and which shall have the following characteristics:

Hospital: A legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the prolonged care of bed patients. Clinics may have some but not all of these facilities.

HUD-Code Manufactured Home: A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (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. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).

Living Unit: The room or rooms occupied by a family and must include sleeping and cooking facilities.

Lot: Land occupied or to be occupied by a building and its accessory building including such open spaces as are required under this Ordinance and having its principal frontage upon a public street or officially approved place.

Lot Lines: The lines bounding a lot as defined herein.

Lot Line, Front: A “front lot line” is that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line providing that a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

Lot Line, Rear: The “rear lot line” is that boundary of a building lot which is the most distant from and is, or is most nearly, parallel to the front lot line.

Lot Line, Side: A “side lot line” is that boundary of a building lot which is not a front lot line or a rear lot line.

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 of Collin County prior to the adoption of this Ordinance.

Lot Width: The width of a lot at the front building or setback line.

Main Building: The building or buildings on a lot which are occupied by the primary user.

Masonry: Exterior construction materials including brick, stone, granite, marble, concrete, or similar materials, and including built-up/tilt panels for commercial structures only. On the recommendation of the Board, the council may approve other materials or building techniques.

Mobile Home: A structure that was constructed before June 15, 1976, transported in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (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.

Noxious Matter: A material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects upon the physical or economic well-being or comfort of humans.

Occupancy: The use or intended use of the land or building by proprietors or tenants.

Open Space or Open Areas: Area included in any side, rear, or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, or porches.

Open Storage: The storage of any equipment, machinery, commodities, raw or semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet (6’) above ground level.

Park, Playground, Community Center: An open recreation facility or park owned and operated by a general public agency and available to the general public.

Parking Space: A “parking space” is a surface area, enclosed or unenclosed, sufficient in size to store one automobile together with a surface driveway connecting the parking space with the street or alley and permitting ingress or egress of an automobile.

Plat: A plan of a subdivision or development of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the Town of St. Paul and subject to approval by the Planning & Zoning Commission. Reference to a Plat in this Ordinance means an official Plat of Record which has been approved by the Commission and filed in the plat records of Collin County.

Premises: Land together with any buildings or structures occupying it.

Private Garage: An accessory building housing vehicles owned and used by occupants of the main buildings; if occupied by vehicles of others, it is a storage place.

Public Park: Any publicly owned park, playground, parkway, greenbelt, or roadway within the jurisdiction and control of the Town.

Recreation Area: A privately owned park, playground, or open space maintained by a community club, property owners’ association, or similar organization.

Residence: Same as a dwelling; also, when used with District, an area of residential regulations.

Restaurant or Cafeteria: An eating establishment where service [is provided] to customers at tables and not involving service of food to customers in automobiles.

Rest Home or Nursing Home: A private facility for the care of children, the elderly or infirm, or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the treatment of disease or injury.

Retail Stores and Shops: Offering all types of consumer goods for sale, but excluding the display and sale in the open outside a building, of new or used automobiles, heavy machinery, building materials, used appliances, furniture, or salvage materials.

Rooming House: A residence structure, other than a hotel, used for lodging only for three (3) 6r more persons for compensation.

School, Private: A school under the sponsorship of a private agency or corporation other than a public agency.

School, Public or Parochial: A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including private, trade, or commercial schools.

Schools, Trade and Commercial: Establishments, other than public or parochial schools, private primary or secondary schools, or colleges, offering training or instruction in a trade, art, or occupation.

Screening Device: A “screening device” shall consist of a barrier of stone, brick, pierced brick or block, or other permanent material of equal character, density, and acceptable design of at least six feet (6’) in height, where the solid area equals at least sixty-five percent (65%) of the wall surface, including an entrance gate or gates. A screening device shall be continuously maintained.

Servant's Quarters: An accessory building or portion of a main residential building located on the same lot as the principal residential building, occupied only by such persons and their families as are employed full-time by the occupants of the principal residence.

Service Station: A building or lot used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. If the dispensing, sale, or offering for sale is incidental to a public garage, the premises shall be classified as a public garage.

Sexually Oriented Business: See Article 16 [19]

Specific Use: A means for developing certain designated uses in a manner in which the specific use will be compatible with the adjacent property and consistent with the character of the neighborhood.

Stories: The height between the successive floors of a building or from the top floor to the roof.

Street: Any thoroughfare or public driveway, other than an alley, and more than twenty-four feet (24’) in width, excluding shoulders and ditches, which has been dedicated to the public for public use.

Street Line: A dividing line between a lot, tract, or parcel of land and contiguous street.

Structural Alterations: Any change in the supporting member of a building, such as a bearing wall, column, beams, or girders.

Structure: Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.

Town: The word “Town” shall mean the Town of St. Paul.

Toxic Materials: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Use: The “use” of property is the purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied and maintained, and shall include any manner of such activity with respect to the standards of this Ordinance.

Use, Principal: The main use of land or buildings as distinguished from a subordinate or accessory use.

Utility Facilities, Private or Franchised: A nonpublic utility requiring specific facilities in residential areas or on public property such as heating, cooling, or communications not customarily provided by the municipality or the normal franchised utilities.

Yard: An open space other than a court, on the lot on which a building is situated and which is not obstructed from a point forty inches (40”) above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special features.

Yard, Front: An open, unoccupied space on a lot facing a street extending across the front of the lot between the side lot lines and from the main building to the front lot or street line and the main building line as specified for the district in which it is located.

Yard, Rear: An open, unoccupied space, except for accessory buildings and structures as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the main buildings and the rear lot line as specified in the district in which the lot is located.

Yard, Side: An open; unoccupied space or spaces on one or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear. Any lot line not the rear line or a front line shall be deemed a side line.

Zoning District Map: The official certified map upon which the boundaries of the various Districts are drawn and which is an integral part of the Zoning Ordinance.

Words used in the present tense include the future; 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”; the word “Lot” includes the words “Plot” and “Tract”; etc. The word “Shall” is mandatory and not discretionary.

Except as herein specifically provided: