A.

Short title. This chapter shall be known and may be cited as the "Zoning Ordinance," or "Zoning Code" of the City of Boerne.

B.

Purpose.

1.

The zoning regulations have been designed to:

a.

Promote health and general welfare;

b.

Safeguard natural resources;

c.

Facilitate appropriate concentration of population;

d.

Lessen congestion in the streets;

e.

Secure safety from fire, panic, and other dangers;

f.

Provide appropriate light and air;

g.

Prevent the overcrowding of land; and

h.

Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

2.

The zoning regulations have been made with reasonable consideration, among other things:

a.

For the protection and preservation of places and areas of historical, natural and cultural importance and significance;

b.

For the character of the zoning districts and the peculiar suitability of particular uses;

c.

With a view to conserving the value of buildings and other improvements; and

d.

Encouraging the most appropriate use of the land throughout the city consistent with the city's adopted Comprehensive Master Plan.

C.

Consistency with the Comprehensive Master Plan.

1.

This chapter is intended to implement the goals, objectives and policies of the Comprehensive Master Plan. Any amendments to this chapter, including any rezoning approved pursuant to this chapter, shall take into consideration the goals of the adopted Comprehensive Master Plan, as it may be amended from time to time, in effect at the time of such request for amendment.

2.

The zoning regulations and districts as established in this chapter have been made in accordance with the Comprehensive Master Plan and are hereby deemed to be consistent and in accordance with the Comprehensive Master Plan.

D.

More restrictive standards shall govern. Whenever higher or more restrictive standards are established by the provisions of any other applicable statute, ordinance or regulation of the city than are established by the provisions of this chapter, the provisions of such higher or more restrictive other statute, ordinance or regulation shall govern.

E.

Authority. This chapter is adopted pursuant to Texas Local Government Code, chapter 211 and the city charter, and in the exercise of the power granted to municipalities by such statutes and pursuant to any and all other applicable laws.

F.

Applicability.

1.

This chapter shall apply within the corporate limits of the city to all land and uses thereon, over which the city has jurisdiction under the city charter, constitution and laws of the State of Texas, and of the United States.

2.

This chapter shall further apply to any and all legal annexations of land or additions made to the city after the adoption of this chapter.

G.

Compliance required. Except as provided in this chapter:

1.

No building or structure shall be erected, reconstructed or structurally altered, nor shall any building, structure or land be used, for any purpose other than is permitted in the district in which such building, structure or land is located.

2.

No building or structure shall be erected, reconstructed or structurally altered to exceed a height or bulk limit or setback requirement herein established for the district in which such building or structure is located.

3.

No lot area shall be reduced or diminished so that the yards, courts, or other open spaces shall be smaller than prescribed by this ordinance.

4.

No yard, court, or open space provided in conjunction with a particular building or structure for the purpose of complying with the provisions of this chapter shall be considered as providing a yard, court, or open space for any other building or structure.

5.

Every building hereafter erected shall be located on a lot.

H.

Administration and enforcement.

1.

City manager. References in this chapter to the city manager include the city manager's duly authorized representative. except as otherwise provided in this chapter, the city manager, or the city manager's duly authorized representative, shall administer and enforce this chapter, including making determinations on the proper classification of land uses, receiving all applications and fees, issuing required notices, inspecting premises, and issuing building permits, certificates of appropriateness and certificates of occupancy.

2.

City council. City council receives and acts upon reports and recommendations by the city manager, the planning and zoning commission and the historic landmark commission, adopts amendments to the zoning maps and the text of this chapter, designates historic districts and landmarks, and grants ad valorem tax exemptions to historically significant sites and structures to encourage their preservation.

3.

Planning and zoning commission. The planning and zoning commission recommends a Comprehensive Master Plan for the development of the city, recommends amendments to the zoning maps and the text of this chapter, and conducts studies and makes recommendations on other matters relating to the planning and development of the city.

4.

Board of adjustment. The board of adjustment hears and decides appeals where it is alleged there is an error in the administration or enforcement of this chapter, approves special exceptions to this chapter and considers variances from the literal application of the terms of this chapter in those cases authorized by state law.

5.

Historic landmark commission. The historic landmark commission recommends the designation of historic districts and landmarks, recommends the granting of tax exemptions to historically significant sites, approves the issuance of building permits for property exteriors, and certificates of appropriateness for work involving landmarks and structures in historic districts, and works in general to preserve the city's historic heritage.

I.

Zoning of newly annexed territory.

1.

All territory annexed to the city hereafter shall be temporarily classified as Holding (HOL) until permanently zoned by the city council.

2.

The planning and zoning commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning district classification, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

3.

The city does not prohibit a person from:

a.

Continuing to use land in the newly annexed area in the manner in which the land was being used on the date of incorporation, provided that the land use was legal at that time; or

b.

Beginning to use land in the newly annexed area in the manner that was planned for the land before the ninetieth (90th) day before the effective date of the annexation if:

i.

One (1) or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and

ii.

A completed application for the initial authorization was filed with the governmental entity before the date of annexation. A completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant.

J.

Reconstruction of damaged buildings. Nothing in this chapter shall be interpreted to prevent restoration of a building or structure damaged to the extent of not more than fifty (50) percent of its reasonable value by fire, explosion or other casualty, or act of God, or public enemy, or the continued occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction.