Land or premises in each of the following classified districts in the city may be used for the following purposes only. Any other use of such land or premises in such district or districts is unlawful and in violation of this title.

A.

In the R-1 district, only for:

1.

One-family dwellings;

2.

Public parks, libraries, community buildings, and public elementary and high schools and colleges, fire stations, water wells, pumps and tanks, sewerage lift stations;

3.

Private schools with a curriculum similar to public elementary and secondary schools;

4.

Churches;

5.

Golf courses and golf clubs, but not commercial miniature courses or driving ranges;

6.

Cultivated farm land and pasture, but not feed lots or feeding of garbage to animals; greenhouses, plant or tree nurseries or truck gardens where no sales office is maintained;

7.

Bed and breakfasts are allowed within properties zoned in R-1 and B-3 zones after obtaining a specific use permit;

8.

Existing accessory dwelling units are allowed within properties zoned R after obtaining a specific use permit;

9.

New accessory dwelling units will be allowed by special permit in R-1 only.

B.

In the R-2 district, only for: same as for R-1.

C.

In the R-3 district, only for: same as for R-1.

D.

In the R-4 district there may also be in addition to the uses listed in subsection A of this section:

1.

Two-family dwellings;

2.

Multiple-family dwellings.

E.

In the R-5 District there may also be in addition to the uses listed in subsection A of this section:

1.

HUD-Code manufactured homes;

2.

Manufactured home parks with manufactured homes and recreational vehicles.

F.

In the B-1 district, only for:

1.

Stores and shops where goods and merchandise are sold at retail, but not including automobiles or used car sales;

2.

Shops for the servicing and repair of radio, television, and electrical appliances and typewriter repair shops;

3.

Personal service shops, such as barber and beauty;

4.

Dressmaking, millinery, tailoring, shoe repair, self-service laundries, and similar shops serving the local neighborhood;

5.

Offices;

6.

Repairing guns and/or firearms and/or gunsmithing.

G.

In the B-2 district, in addition to the uses in the B-1 district and subsection E.1. of this section, only for:

1.

Lodging houses;

2.

Hospitals, nursing homes, retirement homes, and sanitariums, excepting tubercular, narcotic;

3.

Religions, educational, and philanthropic institutions;

4.

Clubs, lodges, fraternities and sororities, where the chief activity is not a business;

5.

Banks, laboratories and studios;

6.

Clinics;

7.

Animal hospitals and clinics;

8.

Automobile service station, car wash;

9.

Undertaking establishments;

10.

Hotels and motels;

11.

Automobile, truck and motorcycle sales, service and/or repair;

12.

Theatres, dance halls, billiards, bowling or skating;

13.

Printing, heating and air conditioning, sheet metal, plumbing, tire repair, and similar establishments;

14.

Soft drink bottling;

15.

Lumber yards;

16.

Mobile home, travel trailers, and recreational vehicle sales and service;

17.

Wholesale sales and storage;

18.

Cold storage lockers;

19.

Self-service individual storage;

20.

Travel-trailer and recreational vehicle parks, provided they meet the following requirements:

a.

The travel-trailer park area shall be at least three acres in size with a minimum frontage of one hundred (100) feet adjacent to a public street or highway;

b.

Trailer spaces shall be rented by the day or week only and no trailer space shall be let to the same occupant for more than ninety (90) days;

c.

Access to the travel-trailer park shall be from a public street or highway, number and location of access drives shall be controlled for safety and protection of personal property. No travel-trailer space shall be designed for direct access to a street outside the premises of the travel park. Interior access drives shall be paved and maintained in a smooth, hard and dense surface which shall be well drained;

d.

Internal access drives shall meet the following requirements:

e.

Each travel-trailer space shall provide sufficient parking and maneuverability space so the parking, loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, or right-of-way or any private grounds not part of the travel-trailer park;

f.

There shall be no minimum lot area for a travel-trailer space in a travel-trailer park, except that trailers shall be so harbored on each space that there shall be at least a ten (10) foot unobstructed clearance between travel trailers; provided, however, that no part of a travel trailer shall be located closer than twenty (20) feet to any building within the park, nor closer than five feet to any access drive. There shall be no more than fifteen (15) travel-trailer spaces per acre of gross site area;

g.

The travel-trailer parks shall be separated from public streets and adjacent property by a screening fence approved by the city manager. Such fence requirement may be modified by the city council after a public hearing and recommendation by the planning commission;

h.

In all travel-trailer parks there shall be at least one recreation area which shall be accessible from all spaces. The site or sites of such recreation area or areas shall total not less than eight percent of the gross site area;

i.

Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties, and any outdoor identification sign shall not utilize or incorporate flashing, moving or intermittent illumination, shall not exceed ten feet in height, shall not overhang or project into the public right-of-way, and shall not exceed 30 square feet in area, indicating only the use of the premises. If such sign is located on a building, it shall not project more than 18 inches from the wall of the building or structure, and shall not extend above the heights of the building;

j.

Exposed ground surfaces in all parts of a travel-trailer park shall be paved or covered with screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust;

k.

Storage, collection and disposal of refuse in the travel-trailer park area shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be stored in fly-tight, watertight, and rodent-proof containers, which shall be located not more than 150 feet from any trailer space;

l.

The person to whom a building permit is issued shall at all times operate the travel-trailer park in compliance with this title and shall provide adequate supervision to maintain the travel-trailer park area, its facilities, and keep equipment in good repair and in a clean and sanitary condition at all times;

21.

Bakery;

22.

Restaurant;

23.

Bicycle repair, lawnmower repair and tool rental shops;

24.

Laundry and dry cleaners;

25.

Pawn shop/second hand store;

26.

Sale of all alcoholic beverages, including mixed beverages, subject, however, to obtaining a special permit for the sale of alcoholic beverages pursuant to the relevant requirements set out in this title for obtaining such a special permit;

27.

Multi-family dwellings by special permit.

H.

In the B-3 district, only for: same as B-2, with the exception of items set out in subsections E.1., G.8., G.17. and G.20. of this section. Bed and breakfasts are allowed within properties zoned in B-3 zones after obtaining a specific use permit.

I.

In the FI district there may be any use, except that:

1.

No building may be used as dwelling, hospital, institution, hotel, motel for the permanent or temporary housing of persons; however, dwellings for resident watchmen or caretakers employed on the premises are permitted.

2.

The following uses must be given separate council approval before a building or occupancy permit is issued:

a.

Fertilizer manufacturing;

b.

Fat rendering or distillation of bones;

c.

Explosives manufacturing or storage;

d.

Refining or wholesale storage of petroleum or its products;

e.

Garbage disposal;

f.

Junk yards, salvage and scrap operations, or automobile wrecking yards, provided such uses shall be surrounded by a solid fence at least six feet high, located within the building lines, and the junk not piled higher than the fence.

Before granting such separate approval, the council shall refer applications to the fire chief and the commission for investigation and report. If no report is received in thirty (30) days, the council may assume a favorable report.

(Ord. No. 2023-08, § 2, 7-11-2023; Ord. No. 2022-05, § 2, 4-12-2022; Ord. No. 2020-04, § 2, 1-28-2020; Ord. No. 2016-04, § 2, 3-8-2016; Ord. No. 2015-14, § 2, 10-27-2015; Ord. No. 2015-12, § 2, 10-13-2015; Ord. No. 2013-09, 6-25-2013; Ord. No. 2011-32, §§ 4, 5, 10-25-2011; Ord. No. 2011-20, § 2, 8-9-2011; Ord. 99-08 § 1; Ord. 99-03 § 1; prior code Appx. B § 2.1)

Editor's note— Ord. No. 2016-03, § 2, adopted Feb. 9, 2016, repealed § 17.20.011, which pertained to flea markets and derived from Ord. 2004-03, 2004.

The following regulations shall apply for all uses within the R-5 District.

1.

No manufactured home with less than 600 square feet is permitted.

2.

Manufactured homes must be skirted within 30 days from the date placed on a lot.

3.

Manufactured homes must be tied down securely and in compliance with applicable regulations prior to occupancy.

4.

No manufactured home may be located in any district other than "R-5."

5.

Except as provided in subsection 17.36.010.D of this Code, it is unlawful to park or locate a mobile home, camper bus, motor home, camper trailer, or travel trailer for use as a residence.

6.

The standards set forth in subsection 17.20.013.A.4 shall be applicable.

(Ord. No. 2016-04, § 2, 3-8-2016; Ord. No. 2011-32, § 6, 10-25-2011)

The following regulations shall apply for uses within the R-5 District for manufactured home subdivisions.

A.

Use Regulations.

1.

Manufactured Home Subdivision. Property and areas of the city zoned "R-5" and to be used for manufactured home subdivisions, shall be planned, used, approved, platted and occupied as a manufactured home subdivision. Land and areas of the city zoned "R-5" and having an approved subdivision plat or site plan for a manufactured home subdivision may be used for mobile homes currently existing on the property, and manufactured homes.

2.

Permitted Uses.

a.

One mobile home, manufactured home or modular home on each approved space or lot; provided that no mobile home shall be placed or installed on any lot after the date of this section.

b.

Accessory buildings located on a lot for use by the owner or occupant of a structure that is located on such lot.

c.

Recreational, civic and/or commercial facilities designed for exclusive use of the occupants of the manufactured home subdivision.

d.

Accessory buildings for use by the owner or manager of the manufactured home subdivision.

e.

One single-family dwelling unit on a 5,000 square foot or larger lot for use as the owner's or manager's residence.

3.

[Reserved.]

4.

Standards. The installation, occupancy and maintenance of manufactured homes in the "R-5" District shall be subject to the following provisions.

a.

No outside horizontal dimension shall be less than 14 feet.

b.

[Reserved.]

c.

Manufactured homes shall be installed in accordance with the applicable state standards and the manufacturer's requirements, and will be inspected and approved by state inspectors.

(1)

Axle and hitch assemblies shall be removed at the time of placement on the foundation.

(2)

Each manufactured home shall be totally skirted with metal, masonry, pressure-treated wood, or other nondegradable material which is compatible with the design and exterior materials of the primary structure.

(3)

Electrical power supply shall be made from a meter installation on the manufactured home, or from a permanent meter pedestal.

d.

Driveways and off-street parking shall be provided in accordance with the requirements for single-family dwellings.

e.

Garage and carport additions are permitted, provided they cover a paved parking area and are connected to a street by a paved drive, meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.

f.

Patio and porch covers are permitted, provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements.

g.

[Reserved.]

h.

Living area additions are permitted, provided they meet the minimum building setback requirements, have roof and siding material that is compatible with the primary structure, and comply with the same structural standards as the primary structure.

5.

Required conditions. At no time may an existing manufactured home or recreational vehicle park be converted to a mobile home or recreational vehicle subdivision without first meeting all requirements of the city subdivision ordinance and receiving approval by the city council.

B.

[Reserved.]

C.

[Reserved.]

D.

Other Regulations.

1.

General Standards.

a.

All minimum requirements and standards as stated under the "R-5" District shall apply.

b.

Curbs and gutters shall be required and shall conform to the requirements established by the subdivision ordinance.

2.

District Restricted. Manufactured home subdivisions shall not be permitted within any zoning district other than "R-5."

E.

[Reserved.]

(Ord. No. 2016-04, § 2, 3-8-2016; Ord. No. 2011-32, § 7, 10-25-2011)

This section creates an R-6-4th single-family dwelling district which will consist of the following:

Consisting of a minimum lot area of three thousand seven hundred seventy-two (3,772) square feet per single-family dwelling in a new subdivision, consisting of a minimum of four acres of land, and with the construction of a new street. In addition, it will consist of the following:

A.

Minimum front lot width of forty-six (46) feet;

B.

Minimum lot depth of eighty-two (82) feet;

C.

Minimum of one front yard of ten (10) feet;

D.

Minimum of two side yards of four feet each;

E.

Minimum of one rear yard of ten (10) feet;

F.

Minimum building area of one thousand (1,000) square feet per family dwelling unit;

G.

Two off-street parking spaces shall be provided for each dwelling unit.

The R-6-4th single-family dwelling district shall comply with all other rules and laws relating to a new subdivision.

(Ord. 2007-06, 2007)

An application for a conditional use permit must be accompanied by a fee of $200.00 and the said $200.00 shall be paid to the city of Uvalde, Texas.

(Ord. No. 2024-02, § 2, 3-12-2024; Ord. 2007-26, 2007)

A.

Uses listed in subsection B of this section may locate in certain zones under certain conditions by a special permit granted by the city council, after a report and recommendation by the commission. After receiving an application for permit, the commission shall hold a public hearing to determine the effect of such proposed use upon the neighborhood, character, traffic, public utilities, public health, public safety and general welfare; such public hearing shall be substantially the same and notices shall be given in accordance with the requirements for zoning amendments as provided in Section 17.16.010 of this code. After receiving the report and recommendation of the commission, the city council shall hold a public hearing relative to the application for permit, such public hearing to be substantially the same as required in Section 17.16.010 of this code.

B.

Uses for which conditional permits shall be secured, conditions that must be observed and districts in which they may be allowed are:

C.

A permit issued under this article may not be transferred and does not convey with the property upon sale. A permit may be revoked if the permit hold is found to be in violation of the conditions of this permit.

(Ord. No. 2025-07, § 2, 4-8-2025; Ord. No. 2024-02, § 2, 3-12-2024; Ord. No. 2019-05, § 2, 4-23-2019; Ord. No. 2019-03, § 2, 3-12-2019; Ord. No. 2019-02, § 2, 3-12-2019; Ord. No. 2016-04, § 2, 3-8-2016; Ord. No. 2015-16, § 2, 11-10-2015; Ord. No. 2015-14, § 2, 10-27-2015; Ord. No. 2015-12, § 2, 10-13-2015; Ord. No. 2015-04, § 2, 6-9-2015; Ord. No. 2013-09, 6-25-2013; Ord. No. 2011-20, § 2, 8-9-2011; Ord. 2007-07 (part), 2007; prior code Appx. B § 2.2)

This section repeals and deletes only that certain portion of Section 17.20.020 which states and reads as follows:

(Ord. 2007-07 (part), 2007)

A.

The owner or owners of ten (10) acres or more within an R district may submit a plan to the council showing in detail the manner in which the land is to be used, the location, size, character and appearance of buildings, and provision for street circulation, off-street parking, service areas, and landscaping.

B.

The council shall submit such plan to the commission who shall have forty-five (45) days in which to investigate, hold public hearings, and make a report and recommendations to the city council on the plan. If the commission does not make a report of its recommendations within forty-five (45) days, the council may assume that the commission approves the plan.

C.

The commission shall review the proposed development as to its conformity to the comprehensive plan and recognized principles of civic design, land use planning and landscape architecture. The minimum yard requirement of the district in which the development is located shall not apply, except that the minimum yards shall be provided around the boundaries of the area being developed. The commission may impose conditions regarding the layout, circulation, and may require that appropriate deed restrictions be filed that are enforceable by the city or an approved homeowners' association for a period of twenty (20) years from the date of filing. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located.

D.

Net development area shall be determined by subtracting the area set aside for churches, schools, commercial area from the gross development area and deducting twenty (20) percent of the remainder for streets regardless of the amount of land actually required for streets. The area of land set aside for common open space and recreational use shall be included in determining the number of dwellings units permitted. These dwelling units may be single-family detached, two-family or multifamily, provided no more than eight units are contained in any one building.

E.

For each one hundred (100) dwelling units in the development, there may be not more than one acre for commercial use. Commercial uses shall comply with the requirements for the B-1 district, sign regulations and off-street parking requirements as contained herein for the B-1 district.

F.

The council may, after public hearing, approve or disapprove the plan for the issuance of building and occupancy permits to carry out the approved plan. Approved plans may be amended by the same procedure by which they were approved, except that minor changes in the plan may be approved by the planning commission if such change does not violate the intent of the originally approved plan.

(Prior code Appx. B § 2.3)

A.

Nonconforming uses are those lawful uses of premises that do not conform with the requirements of this title or any governing amendment thereto.

B.

Nonconforming uses may be continued; if there are no structural alterations, such a use may be changed to a use of the same or of a higher classification. If it is changed to a use in a higher classification or to a conforming use, it cannot be changed back to the original nonconforming use. For the purposes of this subsection, the "same classification" means uses permitted in the same district with a prior listing in this title.

C.

If a nonconforming use is stopped for a period of one year or more, it then must conform to the use regulations of the district in which it is located.

D.

Except for the types of uses provided for in subsection E of this section, a nonconforming use cannot be enlarged, extended, reconstructed or structurally altered unless changed to a conforming use.

E.

Nonconforming industrial uses in the B-2 and B-3 districts may be rebuilt, reconstructed, structurally altered or enlarged if the enlargements do not total more than fifty (50) percent increase in cubical contents of buildings existing on the date of passage of the ordinance codified in this title, and if permits are issued within ten (10) years of the effective date.

F.

If a nonconforming use is damaged or destroyed to the extent of more than fifty (50) percent of its fair market value, by fire, explosion, act of God, or the public enemy, then any restoration must be for a permitted use.

G.

Where a premises is in the R district and is used for open storage, or for signs and billboards, such uses must be discontinued and the stored material and signs and billboards removed within two years after the effective date of the ordinance codified in this title. All junk yards, salvage and scrap operations, and automobile wrecking yards shall conform with the requirements of Section 17.20.010(I)(2) within two years after the effective date of the ordinance codified in this title. Where the enforcement of this section would impose an undue hardship on any property owner concerned, said property owner shall have the right to appeal for relief to the board of adjustment, who, after public hearing, shall have the right to grant an extension of time as required in this section; provided, however, that such extension of time shall not be granted if it would be adverse to the general welfare.

H.

Passage of the ordinance codified in this title in no way legalizes any illegal use existing at the time of its adoption.

I.

Existing uses of types eligible for special permits under Sections 17.20.010(F) and 17.20.020(B) shall be conforming uses and shall receive a special permit for the existing use from the building inspector upon request; but shall require a special permit for any enlargement or addition.

(Prior code Appx. B § 2.4)

A.

Declaration of Policy. The city council hereby finds and declares as a matter of public policy that the original historic downtown overlay district is established to allow the city more flexibility in authorizing the location and occupation of secondary residential uses in the original historic downtown commercial area without affecting the underlying zoning district and giving property owners the certainty of the zoning regulation of the underlying district. The original historic downtown area of the city is substantially developed in a dense pattern with high building coverage and most parking provided on the street. Because of the unique characteristics of this area, mixed commercial and residential uses are encouraged. The regulations are designed for the specific and special conditions prevailing in the original historic downtown area.

B.

District Limits. The "HDT" original historic downtown overlay shall be defined as that area so designated on the district map for the city being B-3 Business District as described in chapter 17.04, subsection 17.04.020 C.

C.

Definitions. The following words, when used in this section, shall have the meanings ascribed to them in this section, unless the context of this section clearly indicates otherwise:

"Loft apartment" means a dwelling unit consisting of a single room or a series of rooms, which is attached but secondary to a main structure and is generally located above the first floor of the structure.

"Studio apartment" means a dwelling unit which has an integral part of the unit a work area generally associated with the creative arts and which may consist of a single room or a series of rooms.

D.

Use Regulations.

1.

Permitted Uses. Uses permitted within the "HDT" district are those permitted within the underlying districts and provided in title 17 zoning, chapter 17.04, subsections 17.04.020 A., B., and C.

2.

The following residential uses will be allowed as a secondary use in the "HDT" overlay district for any commercial property.

3.

Special Use Permit Uses. Uses permitted in the underlying district with a specific use permit permitted with a specific use permit in the "HDT" overlay district.

E.

Parking Requirements.

1.

Parking requirements for primary use commercial property are addressed by this Code. The original historic downtown overlay district does not place additional parking requirements on primary use commercial property.

2.

For permitted secondary residential uses, two off street parking spaces per dwelling unit, plus one additional off street parking space per each unit with three or more bedrooms are required. Verification of parking arrangements inside or within 200 feet of the district is required.

3.

The city council may waive the parking requirements upon recommendation by the planning and zoning commission, if it is determined that a unique situation exists which warrants such consideration.

F.

Commercial and Residential Structures. Within the original historic downtown overlay district (HDT) all commercial structures may contain a residential use with and secondary to the primary commercial use, in accordance with the following restrictions:

1.

A certificate of occupancy shall be required in compliance with section 17.12.020 certificate of occupancy, and failure to comply with the provisions of this chapter shall constitute a basis to deny or disconnect city utilities or to require private utility companies to do likewise.

2.

Permitted residential uses may not occupy an area greater than 25 percent of the first floor (street level) of a building:

RESIDENTIAL USE MINIMUM DWELLING AREA PER UNIT
REQUIRED IN SQUARE FEET

G.

Zoning Map Designation. Any land for which an original historic downtown overlay district zoning has been approved shall be indicated on the zoning map with a "HDT" suffix to the basis zoning classification. For example: B-3 central Business District (HDT) would be abbreviated on the official zoning map as B-3/HDT.

(Ord. No. 2013-18, 10-8-2013; Ord. No. 2009-24, § 1, 9-22-2009)

The use of land or building shall be in accordance with those listed in the following uses in title 17, chapter 17.20 et al except no land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which the following is prohibited (i.e., not allowed) in the zoning district in title 17, chapter 17.20:

A.

The regulations in this section apply to businesses dealing in certain novelty items, commonly referred to as "head shops". Specifically, these businesses include any establishment that sells, distributes or manufactures any specialty or novelty items that is not otherwise permitted by law including, but not limited to, the following:

1.

Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance, or from which a controlled substance can be derived;

2.

Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance;

3.

Isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance, or from which a controlled substance can be derived;

4.

Testing equipment used, intended for use, or designed for use in weighing or measuring controlled substances;

5.

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

6.

Dilatants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, that are used, intended for use, or designed for use in cutting controlled substances;

7.

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or reefing marijuana;

8.

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding substances;

9.

Capsules, balloons, envelope and other containers used, intended for use, or designed for use in packaging controlled substances;

10.

Containers and other objects used, intended for use, or designed of use in storage or concealing controlled substances;

11.

Objects used, intended for use, or designed of use in ingesting, inhaling or otherwise introducing into the human body any controlled substance (including, but not limited to, marijuana, cocaine, hashish oil), such objects including, but not limited to, the following:

a.

Metal, wooden, acrylic, glass, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

b.

Water pipes;

c.

Carburetion tubes and devices;

d.

Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that had become too small or too short to be held in the hand;

e.

Miniature cocaine spoons and cocaine vials;

f.

Chamber pipes;

g.

Carburetor pipes;

h.

Electric pipes;

i.

Air-driven pipes;

j.

Chillums;

k.

Bongs; and/or

l.

Ice pipes or chillers.

12.

The term "controlled substances", as used herein, shall mean an refer to those substances now or hereafter including substances under Texas state law) i.e., the Texas Controlled Substances Act Article 447615, V.A.C.S.), as amended.

The provisions of section 17.12.050, Violation—Penalty shall be applicable to this section.

(Ord. No. 2010-01, § 2, 2-23-2010)

Editor's note— Ord. No. 2010-01, § 2, adopted February 23, 2010, enacted provisions intended for use as section 17.20.050. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as section 17.20.060.