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Boerne City Zoning Code

Sec. 3-13

River Road Overlay District.

A.

Purpose.

1.

The River Road Overlay District is established to protect the enjoyment of the views of Cibolo Creek, while encouraging an active mixed-use area in the city.

2.

The River Road Overlay District is composed primarily of retail, dining and entertainment uses, but allows for limited office and residential uses.

3.

The properties fronting River Road are encouraged to make use of the Cibolo Creek view by allowing patios and outdoor entertainment areas.

4.

Transition from River Road to surrounding neighborhoods shall be achieved through design interventions such as screening, buffers, increased setbacks or height restrictions.

B.

Applicability. The River Road Overlay District shall apply to properties fronting or sharing a property boundary with the public right of way of River Road, east of the Historic District and west of Esser Road and Herff Road.

C.

Uses.

1.

Additional uses allowed:

a.

Additional uses allowed for commercially zoned properties;

i.

Bar/wine bar.

ii.

Craft alcohol production.

iii.

Mixed-use building.

iv.

Mixed-use lot.

2.

Uses requiring a special use permit.

a.

Assisted living facility.

b.

Nursing/residential care facility.

3.

Additional use restrictions.

a.

Attached dwelling units and multi-dwelling structures shall not front River Road.

b.

For boutique hotels, lot widths in excess of one hundred fifty (150) feet or one-half (½) of a city block shall require a special use permit.

c.

Mobile food units as an accessory use shall be located on private property with the permission of the owner and shall not park in the right-of-way of any street or state highway within the River Road Overlay District.

d.

Live-work units must meet the following specific site and building design standards:

i.

Occupational or vocational uses allowed in the non-living portion may be any non-residential use allowed in the zoning district. The use shall not by reason of noise, odor, or physical operation create any impacts on adjacent lots that are averse to adjacent uses. Uses with a tendency to create external impacts or visible signs of operation may be further limited in terms of site design or hours of operation in order to minimize potential impacts.

ii.

Required parking shall be based on the greater of the parking required for the non-living area or the living area.

e.

Bar/wine bar.

i.

Bar/wine bar in the River Road District shall have a total building area of no more than two thousand five hundred (2,500) square feet.

ii.

Bar/wine bar shall not serve alcohol past midnight.

f.

Craft alcohol production.

i.

At least fifteen (15) percent of the gross floor area (GFA) shall be designated for retail use, open to the public.

ii.

No more than two thousand (2,000) square feet of the gross floor area (GFA) shall be used for manufacturing-related activity. This includes space for production, bottling, packaging, storage, and distribution.

g.

Establishments with live and/or outdoor entertainment. Establishments with live and/or outdoor entertainment shall meet the noise and light ordinance requirements of the city.

4.

Prohibited uses.

a.

Automobile parts and parts sales.

b.

Automobile rental.

c.

Automobile sales.

d.

Automobile service (with or without outside storage).

e.

Bus terminal.

f.

Car wash.

g.

Funeral home/mortuary.

h.

Gas station.

i.

Pawn shop.

D.

Dimensions. Dimensions shall be in accordance with the base zoning of the property, except:

1.

Building height.

a.

Maximum building height is thirty (30) feet or two (2) stories.

b.

Buildings over thirty (30) feet and up to thirty-eight (38) feet or three (3) stories are permitted under the following conditions:

i.

The third floor shall be stepped back at least ten (10) feet from the building wall facing a public street or a single-family residence, or the building shall be set back more than thirty (30) feet from the nearest public street or single-family residence; and

ii.

Buildings that are over thirty (30) feet or two (2) stories in height shall require approval by the design review committee.

iii.

Buildings over thirty-eight (38) feet or three (3) stories are prohibited.

2.

Lot width. Maximum lot width shall be one hundred fifty (150) feet or one-half (½) of a block length, whichever is less.

3.

Front yard setback.

a.

Minimum front yard setback shall be five (5) feet.

b.

For properties fronting River Road, the maximum front yard setback shall be twenty-five (25) feet.

4.

Side yard setbacks.

a.

Where the property adjoins a detached residence, the minimum side yard setback shall be five (5) feet.

b.

Where the property adjoins an attached residence, the minimum side yard setback is zero (0) feet, pending fire marshall approval.

c.

For corner lots, the minimum side yard setback shall be ten (10) feet.

d.

For any other adjacency condition, the minimum side yard setback shall be five (5) feet.

5.

Rear yard setback.

a.

Where the property adjoins a residential property, the minimum rear yard setback is five (5) feet.

b.

If the lot is alley loaded, the minimum rear yard setback is zero (0) feet.

E.

Nonresidential design.

1.

Building orientation.

a.

Buildings that front River Road shall be sited orthogonal to the street, to strengthen the relationship of the building to the street.

b.

Dual frontage may be permitted, but the primary building entry shall face River Road.

2.

Encroachments.

a.

Porches, awnings, canopies, decks and other outdoor spaces may encroach the building setback space.

b.

Encroachment of the public right of way is prohibited.

3.

Fences and walls.

a.

Where perimeter walls are required, landscape screening shall also be used in front of the perimeter wall, between the perimeter wall and the right of way.

b.

Nonresidential properties shall maintain a six (6) foot privacy fence where adjacent to a residential property.

c.

Except as required by the UDC or any other code or law, screening, walls and fences shall not obstruct the views of the creek.

4.

Landscaping. Commercial properties within the River Road Corridor Overlay District shall maintain a tree canopy coverage of at least fifty (50) percent, of the total property area. Total tree canopy coverage shall be calculated as the sum of the square footage of lot coverage provided by all shade trees planted onsite, where canopy coverage per tree is based on size of tree at maturity.

5.

Sidewalks.

a.

Sidewalk widths shall be continuous with existing sidewalks on adjacent properties, in terms of width and orientation to the street. Where there is no adjacent sidewalk condition, sidewalks shall be located at back of street curb and shall maintain a minimum width of five (5) feet.

b.

All sidewalks in the overlay district shall maintain an unobstructed pedestrian zone that is at least four (4) feet wide, with at least eight (8) feet of vertical clearance above the unobstructed pedestrian zone.

c.

Temporary signage, planters, benches and other street furnishings are permitted along sidewalks, provided that:

i.

They do not encroach the unobstructed pedestrian zone;

ii.

The furnishing conforms to all design requirements of the city; and

iii.

No portion of the furnishings are within two (2) feet of the back of the curb of a public street.

6.

Driveways. No new driveways shall be located along River Road. Driveways shall be located along side streets.

7.

Parking.

a.

Parking requirements for commercial properties. The parking requirements for commercial uses in the River Road Overlay District shall be fifty (50) percent of the minimum requirement of chapter 5: Nonresidential design.

b.

Parking credits. The following may be used to satisfy the parking requirements for commercial properties on River Road.

i.

On-street parking spaces along River Road that are striped and located within three hundred (300) feet of a commercial establishment may be used to satisfy no more than fifty (50) percent of the parking requirements of that establishment.

ii.

On-street parking spaces along side streets that intersect River Road, which are located within sixty (60) feet of a commercial establishment, may be used to satisfy the parking requirements of that establishment.

F.

Multi-family, live-work and mixed-use design.

1.

Multi-family, live-work and mixed-use development shall comply with the standards for nonresidential design for the following components:

a.

Building orientation.

b.

Setbacks and building height.

c.

Fences, walls and screening.

d.

Signage.

e.

Sidewalks.

2.

Parking.

a.

For multi-family, live-work and mixed-use development, one hundred (100) percent of the minimum parking requirement shall be provided for residential units.

b.

Nonresidential components of the development shall require fifty (50) percent of the minimum parking requirement.

c.

Along River Road, on-street parking spaces that are striped and located within three hundred (300) feet of the commercial element of the project may be used to satisfy no more than fifty (50) percent of the commercial parking requirements.

d.

Alongside streets, on-street parking spaces located within sixty (60) feet of a mixed-use site or building may be used to satisfy no more than fifty (50) percent of the parking requirements of the nonresidential components of the development.

G.

Signage.

1.

Prohibited signs.

a.

Detached canopy signs.

b.

Perimeter wall signs, except for inset or engraved markers, such as building names and/or addresses.

c.

Freestanding entry feature signs.

d.

Portable changeable message board signs.

e.

Pole signs.

f.

Freeway pylon signs.

2.

Signs with additional requirements.

a.

Roof signs. Signs mounted onto the roof shall be no taller than the height of the highest roof line of the building.

b.

Illuminated sign where the illumination is not static. Illuminated sign where the illumination is not static shall require certificate of approval from the design review committee.

c.

Freestanding tube letter signs. Freestanding tube letter signs, such as neon signs, shall require certificate of approval from the design review committee.

d.

Digital signs. Digital signs shall require a certificate of approval from the design review committee.

e.

All other sign types. For all other sign types, the requirements of chapter 9: Signage shall apply.

(Ord. No. 2024-10, § 1(Exh. A), 8-27-2024; Ord. No. 2024-28, § 1 (Exh. A), 1-14-2025)