For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Accessory buildings.
A subordinate building which is incidental to the principal building or use and which is located on the same lot with the principal building or use.
Accessory use.
A use incidental to the principal use of a building located on the same lot with the principal building or use.
Alley.
A public or private thoroughfare which affords only a secondary means of access to abutting property.
Basement.
A story having an average of at least one-half of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business.
Boardinghouse.
A building other than a hotel, where for compensation and by arrangement for definite periods, meals or lodging and meals are provided for five or more persons, but not exceeding 20 persons.
Buildable width.
The width of the lot left to be built upon after the side yards are provided.
Building.
Any structure having a roof supported by columns or walls built for the support, or enclosure of persons, animals, chattels or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery or equipment. When any portion of a building is completely separated from any other portion thereof by a vertical division wall without openings or by a firewall, then each portion shall be deemed to be a separate building.
Building, height of.
The vertical distance from the grade to the highest point of a flat roof, line of a mansard roof, or to the mean height level between eaves and the ridge for gable, hip and gambrel roofs.
Cellar.
A story having an average of more than 90% of its height below grade.
Commercial use.
Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.
Comprehensive plan.
An official document adopted by the city setting forth a plan for the physical development of the community including studies of land use, traffic volume and flow, schools, parks and other public buildings.
Court.
An open unoccupied space other than a yard, on the same lot with a building and which is bounded on two or more sides by the building.
Customary home occupations.
Any occupation or profession engaged in by the occupants of a dwelling, which dwelling does not involve the conduct of a retail business. Generally, these include personal services such as those offered by physicians, attorneys, musicians, artists and seamstresses. Home occupations do not include those which are partnerships or corporations nor do they include businesses which employ more than one employee.
Day care/child care centers.
A place maintained or operated during any or all hours of the day, under public or private auspices, which cares for more than four children who are not members of the family or persons operating the facility.
District.
A section or sections of the city for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of the use are uniform.
Dwelling.
Any building or portion thereof which is designed and used exclusively for residential purposes.
Dwelling, multiple.
A building designed for or occupied exclusively by more than two families.
Dwelling, single-family.
A building either:
(1) 
Designed for occupancy by one family; or
(2) 
Utilized exclusively by one family with no existing structural provision for an additional occupancy.
Dwelling unit.
One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family, as defined herein.
Family.
One or more persons, whether or not related by blood, marriage or adoption, occupying a dwelling unit and maintaining a single housekeeping unit.
Filling station.
Any building or premises used for the sale at retail of motor vehicle fuels, oil or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders of motor vehicles or painting motor vehicles, and excluding commercial garages.
Floor area.
The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements. If the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
Frontage.
All the property on one side of a street between two side lot lines measured along the line of the street.
Garage, commercial.
Any building or premises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term “repairing” shall not include a body repair shop nor the rebuilding, dismantling or storage of wrecked or junk vehicles.
Garage, private.
A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.
Grade.
The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.
Guest house.
A temporary housing accommodation, being a secondary building, or part of the main building on a lot, that is not occupied for more than 30 continuous days at a time by the same person or persons and is intended to provide housing for transient guests. It is not to be rented, nor any charge made for occupation. Any rental or change, either of money, services or things of value, shall disqualify the structure for treatment as a guest house during the rental period and for 12 months thereafter.
Historical preservation.
See division 2 of this article.
Home occupation.
Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than as allowed in section 14.02.111 or 14.02.161, that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling. No person shall be employed other than a member of the immediate family residing on the premises. No mechanical equipment shall be used except such as is permissible for domestic use. The area for the subordinate use shall not exceed 35% of the total dwelling floor space and/or attached buildings. There shall be no exterior storage of equipment and/or supplies used in the home occupation.
Hotel.
A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and there is no direct access to rooms from outside the building.
HUD-code manufactured home.
Any structure meeting the definition of a HUD-code manufactured home in chapter 3, article 3.08, section 3.08.002 of the Code of Ordinances of the City of Post and as may be amended by the Texas Occupations Code section 1201.003.
Industry.
As used in this article, “industry” is restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses and warehousing. It does not include retail and wholesale trades, institutional uses, agricultural uses and other businesses that are primarily commercial in nature.
Institution.
A building occupied by a nonprofit corporation or nonprofit establishment for public use.
Loading space.
An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
Lot.
A parcel of land occupied or intended for occupancy by a use permitted in this article, including one main building together with its accessory buildings, open spaces and parking spaces required by this article, and having its principal frontage upon a street.
(1) 
Corner lot.
A lot abutting upon two or more streets, at their intersection.
(2) 
Depth of lot.
The mean horizontal distance between the front and rear lot lines.
(3) 
Double frontage lot.
A lot having frontage on two streets, but not a corner lot.
(4) 
Interior lot.
A lot other than a corner lot.
Lot of record.
A lot which is part of a subdivision, the map or plat of which has been recorded in the office of the county clerk; or a lot or parcel of land, the deed of which has been recorded in the office of the county clerk prior to the adoption of this article.
Manufacturer.
An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and blending of materials.
Mobile home.
A factory-built structure or structures, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved, from time to time, at the convenience of the owner.
Modular unit.
A factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be fixed on a permanent foundation.
Motel.
Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located nearby, and designed, used or intended wholly or in part for the accommodation of automobile transients.
Nonconforming use.
Any building or land lawfully occupied by a use at the time of passage of this article or amendment hereto which does not conform after the passage of this article or amendment hereto with the use regulations of the district in which it is situated.
Nursing home.
A home for the aged or infirm, in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation, but not including hospitals, clinics or similar institutions.
Parking space, off-street.
A space, enclosed or unenclosed, sufficient in size to park one automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of an automobile.
Plat.
A map, plan or layout of a city, township, section or subdivision or portion thereof indicating the location and boundaries of individual properties.
Preexisting use.
The use of a building or property that existed prior to the adoption of this article. It may or may not be a nonconforming use.
Premises.
A lot, together with all buildings, structures and improvements thereon.
Sign.
An identification, description, illustration or device which is affixed to or represented directly or upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.
Spot zoning.
A tract of land zoned less restrictive than the area completely surrounding it. Spot zoning, as determined by the commission, shall not be allowed, except to effectuate the purpose of historical preservation and urban design districts.
Story.
The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and inclusive of the ceiling next above it.
Story, half.
A story under a gable, hip or gambrel roof. Two of the vertical outside walls of a half story shall not be more than one-half of the height of the story directly below.
Street.
A public way which affords the principal means of access to abutting property.
Street line.
A dividing line between a lot, tract or parcel of land and a street right-of-way.
Strip zoning.
A long, narrow corridor zone, usually commercial and generally following a major arterial street being just those lots facing the arterial on either or both sides. Strip zoning, as determined by the commission, shall be discouraged.
Structural alteration.
(1) 
Any change except those required by law or ordinance, that would prolong the life or alter the character of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls, as permitted by other ordinances.
(2) 
This shall include the moving, replacement or addition of supporting members.
Structure.
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and plant arbors.
Use.
The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
Variance.
An exception to strict terms of this article.
Vehicle resale area.
An open area other than a street or alley, used for the display and sale of previously owned vehicles, inclusive of areas where minor repair work is done for sale purposes only.
Vehicle salvage area.
An open area other than a street or alley used for dismantling and disposal of previously owned vehicles and subsequent storage and resale of the vehicles as a whole or their parts.
Yard.
An open space on a lot adjoining a building, unoccupied and unobstructed by any portion of the structure, from the ground upward, except as otherwise provided in this article.
(1) 
Front yard.
A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
(2) 
Rear yard.
A yard extending the full width of the lot between a main building and rear lot line.
(3) 
Side yard.
A yard between the main building and the side line of the lot, and extending from the front yard line to the year yard line, even if interrupted by fencing.
(2002 Code, sec. 152.001; Ordinance 659, sec. 1, adopted 2/14/16)
The owner or agent of a building or premises in or upon which a violation of any provision of this article has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part in, or assists in any violation, or who maintains any building or premises in or upon which the violation shall exist, and who has been notified in writing by the zone administrator, shall be guilty of a misdemeanor punishable by a fine as provided in section 1.01.009 of this code for each and every day that the violation continues, but if the offense is willful, on conviction thereof, the punishment shall be a fine as provided in section 1.01.009 of this code for each and every day that the violation shall continue. Any person, having been served with an order to remove any violation, failing to comply with the order within ten days after the notice or continuing to violate any provision of the regulation made under authority of this article, shall be subject to a civil penalty of $200.
(2002 Code, sec. 152.999; Ordinance adopting Code)
(a) 
In order to classify, regulate and restrict the location of trades, industries and residences, and the location of buildings designed for specific uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the area of yards, courts and other open spaces surrounding the buildings, the city is hereby divided into districts of which there shall be seven in number known as:
(1) 
DH, design historical district with historical and/or architectural significance;
(2) 
R-1, single-family residential district;
(3) 
R-2, multifamily residential district;
(4) 
R-3, mobile home parks;
(5) 
C-1, Main Street commercial district;
(6) 
C-2, commercial district; and
(7) 
I, industrial district.
(b) 
The boundaries of these districts are shown upon the “Zoning District Map for the City of Post, Texas” which accompanies and is made a part of this article. The map and all the information shown thereon shall have the same force and effect as if all were fully set forth or described herein. The original of the zoning district map is properly attested and shall remain on file with the city secretary.
(c) 
All territory which may hereafter be annexed to the city shall be classified in the R-1 district until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance herewith.
(d) 
Whenever any street or other public way is vacated by official action of the city, the zoning district adjoining each side of the street or public way shall be automatically extended to the center of the vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
(e) 
Where uncertainty exists with respect to the boundaries of the various districts shown on the district map, the following rules shall apply:
(1) 
Where a boundary line is given a position within a street or alley, it shall be deemed in the center of the street or alley and if the actual location of the street or alley varies slightly from the location as shown on the district map, then actual location shall control.
(2) 
Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
(3) 
Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated main line track.
(4) 
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks or lots, the boundaries shall be construed to be the lot lines and where the districts are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
(5) 
In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale shown on the zoning district map.
(f) 
Except as hereinafter provided:
(1) 
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except for the purpose permitted in the district in which the building or land is located.
(2) 
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, lot size, area, parking and other regulations prescribed herein for the district in which the building is located.
(3) 
The minimum yards and other open spaces, including lot areas required by this article, shall be provided for in each district and for each and every building or structure whether existing at the time of passage of this article or hereafter erected.
(4) 
Every building (inclusive of residences and a mobile home or homes located outside of a mobile home park) erected or structurally altered shall be located subject to the following limitations on density:
(A) 
On one standard city lot or contiguous combination of 80 feet or less by 155 feet or less, no more than a combination of two; or
(B) 
On any lot or contiguous combination measuring 120 feet or less by 155 feet or less, no more than a combination of three.
(5) 
When a planned housing development (i.e. several housing units on one or several combined lots, for rental purposes only, but not a mobile home park) is proposed, a detailed plan of the development shall be submitted to the city council for their approval. No building permit for any structure in the development shall be issued until final approval of the plan is given by the city council. Upon approval, the development shall conform to the zone in which it is located, and any other requirements set out by the city council.
(g) 
(1) 
The city council may amend, supplement, change, modify, or repeal the boundary lines or zone designation of districts herein established under procedures provided and consistent with Tex. Local Gov’t Code, sections 211.006 and 211.007 or amendments thereto, inclusive of notice to all property owners of real property lying within 200 feet.
(2) 
Applications for changes in district boundary lines shall be filed in writing with the code administrator who shall place the application before the city council after determining that it is in proper form. All applications shall be accompanied by a publication fee of $5.00 to be returned to the applicant only if the application is not made.
(3) 
No amendment, supplement or change of the regulations defining the boundaries of districts shall become effective until after the council has held a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 16 days’ notice of the time and place of the hearing shall be published in a newspaper of general circulation in the city. The council may provide for the posting of notices of the hearing and for other means of notifying the public or interested persons of the proceedings.
(4) 
In case of a protest against the proposed amendment, supplement or change shall be presented in writing to the city secretary, duly signed and acknowledged by the owners of 20% or more either of the area of land included within the proposed amendment, or within 200 feet distant from the boundaries of the district proposed to be changed, the amendment shall not become effective except by the favorable vote of not less than five members of the city council, excluding the mayor.
(5) 
In its action upon application for change in district boundaries, the city council may grant a special use permit rather than the requested change in district boundaries.
(Ordinance 639 adopted 4/8/14)