A.

Generally.

1.

Particular uses identify those uses of buildings and land permitted in the city.

2.

Permitted uses are assigned by zoning category, in accordance with the table of uses of section 3-7.

3.

No use shall be permitted pursuant to this chapter, and no development permit authorizing a use may be authorized, issued, or approved by any officer, official, or agency, unless said use conforms to the provisions and regulations of this Unified Development Code.

4.

Notwithstanding, uses which are required to be permitted in any zoning category by state statute may be permitted, in accordance with state law, whether or not the use is included in the table of uses.

5.

In cases where a particular use is not identified in the use tables but meets all of the characteristics of and is so similar to a use specifically described below that no difference in impact on the district or adjacent property can be anticipated, the city manager or designee may interpret that use as being included within that similar category and use type. If a use is determined by the city manager or designee to be potentially impactful, it will be required to seek a special use permit for the location.

6.

The city manager or designee shall determine whether a proposed use is included or excluded from the scope of the uses listed in these tables and the provisions concerning particular districts.

B.

Use restrictions. Due to their nature, some particular uses, though allowed by right, must demonstrate compliance with additional standards in order to preserve the health, safety, welfare and economic stability of the community. The following uses shall be allowed, provided the use meets the standards established herein, and the use is permitted under the zoning district assigned to the property.

C.

Residential uses.

1.

Assisted living facilities.

a.

Assisted living facilities shall comply with all requirements of chapter 247 and, as applicable, chapter 242 of the Texas Health and Safety Code.

b.

Assisted living facilities with six (6) or fewer residents shall be permitted by right in any residential district.

c.

An assisted living facility with more than six (6) residents shall require a special use permit in all single-family residential districts.

d.

An assisted living facility with more than six (6) residents shall be permitted by right in any district where multi-family residential is permitted.

e.

Assisted living facilities shall be separated from other assisted living facility by two thousand five hundred (2,500) feet measured door to door.

2.

Boarding houses.

a.

No more than one (1) boarding house per individual parcel or platted lot is allowed.

b.

No more than two (2) persons are permitted per bedroom.

c.

All sleeping rooms shall be a minimum size of seventy (70) square feet for one (1) occupant and one hundred twenty (120) square feet for two (2) occupants.

d.

Reasonable accommodation may be made, per ADA standards, for persons with restricted physical mobility living in a boarding house.

e.

Public ingress and egress to the boarding house shall be through one (1) common exterior entrance. Ingress and egress for boarders shall be through common exterior entrances.

f.

Entry access to all sleeping rooms shall be through the interior of the building.

g.

No exit doors from individual sleeping rooms shall lead directly to the exterior of the building.

h.

Residents must have access on-site to shared common areas for cooking and eating. A common kitchen facility equipped for cooking meals located on-site must be available to the residents, or daily meals must be provided on-site for the residents of the boarding house.

i.

No cooking is permitted in any sleeping room. No cooking facilities are permitted in any sleeping room.

j.

Each floor shall contain at least one (1) fully equipped bathroom for each five (5) residents that is accessible from a common hallway.

k.

Each boarding house shall have a resident manager.

l.

All residents shall execute a lease before occupancy.

m.

Rooms shall be leased to the same resident for at least seven (7) consecutive calendar days.

n.

Parking spaces shall be provided as follows: One (1) space for the resident manager; one (1) space per leased sleeping room; and one (1) space per four (4) employees.

o.

The owner of the boarding house shall obtain a certificate of occupancy and register with the city before operating a boarding house.

p.

Boarding houses shall be separated from other boarding houses by two thousand five hundred (2,500) feet measured door to door.

3.

Bungalow courts.

a.

Bungalow court communities shall consist of multiple detached residences on a single lot.

b.

All residences shall front a common open space, which could be a courtyard, a lawn or a plaza.

c.

A bungalow court development shall be on at least half (½) an acre.

d.

Residences shall be clustered, with no more than ten (10) units in a cluster.

e.

Multiple clusters shall not be less than one thousand (1,000) feet from each other to maintain the small community atmosphere.

f.

Shared grounds shall include the perimeter fence.

g.

A shared parking area shall be provided

h.

The HOA has the option to provide a master irrigation meter for the common areas. If a master irrigation meter is used for irrigation of common areas and the services to the residences are not used for irrigation, the number of living unit equivalents per household for water would be reduced as is provided in the impact fee ordinance. Documentation shall be provided at Master Development Plan or plat application submittal, whichever is the earliest.

i.

Community buildings, parking areas and common open space shall be owned and maintained commonly by the bungalow court residents, through a homeowners' association or a similar mechanism, and shall not be dedicated to the municipality.

j.

There shall be at least a ten (10) foot perimeter around the entire development to adjacent residential properties to provide a buffer.

k.

Parking shall provide a minimum of one (1) and maximum of two (2) car parking spots per residence.

l.

Parking shall be set back at least ten (10) feet from street (or access) frontage.

m.

Parking between structures is only allowed when it is located toward the rear of the principal structure and is served by an alley or private driveway.

4.

Community homes.

a.

Community homes shall be allowed wherever single-family residences are allowed, provided that they conform to the dimensional standards of the property zoning.

b.

To qualify as a community home for persons with disabilities (community home), the home shall be a community-based residential home operated by:

i.

The Texas Department of Aging and Disability Services; or

ii.

A community center that provides services to persons with disabilities; or

iii.

A non-profit corporation; or

iv.

An entity certified by Texas Department of Aging and Disability Services as a provider under the ICF-IID medical assistance program; or

v.

Be classified as an assisted living facility licensed under Health and Safety Code chapter 247.002, with an exterior structure compatible with surrounding residential dwellings, which:

(a)

Furnishes food and shelter to four (4) or more unrelated persons.

(b)

Provides personal care services or administration of medication by licensed or authorized person.

(c)

May provide assistance with or supervision of administration of medication.

(d)

May provide skilled nursing services for limited purposes.

c.

A community home shall not house more than six (6) persons with disabilities and two (2) supervisors at the same time, regardless of relationship. A request for reasonable accommodation to accomplish the goals and policies of the Fair Housing Act (42 U.S.C. 3601) may be authorized as a conditional use to allow from seven (7) to no more than sixteen (16) residents.

d.

Reasonable accommodation is encouraged where such accommodation may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing.

e.

A community home shall meet all applicable licensing requirements.

f.

Community homes shall register with the City of Boerne Permitting and Code Compliance Department.

g.

A current and valid certificate of occupancy issued by the City of Boerne is required.

h.

The number of vehicles kept at the community home shall not exceed the number of bedrooms in the home.

i.

Community homes shall be separated from other community homes by two thousand five hundred (2,500) feet measured door to door.

5.

Cottage housing development.

a.

A cottage housing development must be on at least half (½) an acre.

b.

Residences shall be clustered, with no more than ten (10) units in a cluster.

c.

Multiple clusters shall not be less than one thousand (1000) feet from each other to maintain the small community atmosphere.

d.

Shared grounds shall include the perimeter fence.

e.

A shared parking area shall be provided

f.

The HOA has the option to provide a master irrigation meter for the common areas. If a master irrigation meter is used for irrigation of common areas and the services to the residences are not used for irrigation, the number of living unit equivalents per household for water would be reduced as is provided in the impact fee ordinance. Documentation shall be provided at Master Development Plan or plat application submittal, whichever is the earliest.

g.

Community buildings, parking areas and common open space shall be owned and maintained commonly by the cottage housing development residents, through a homeowners' association or a similar mechanism, and shall not be dedicated to the municipality.

h.

There shall be at least a ten (10) foot perimeter around the entire development to adjacent residential properties to provide a buffer.

i.

A minimum twenty (20) percent of the property shall be dedicated as open space.

j.

An extra cottage house in each cluster may be permitted if low impact development (LID) stormwater management techniques that are approved by the city manager are used in the development. Such techniques may be directing roof drains and parking lot runoff to landscape beds, green or living roofs, and rain barrels. If the LID is approved then open space for the development as a whole may be diminished, by no more than five (5) percent.

k.

Parking shall provide a minimum of one (1) and maximum of two (2) car parking spots per residence.

l.

Parking shall be set back at least ten (10) feet from street frontage.

m.

Parking between structures is only allowed when it is located toward the rear of the principal structure and is served by an alley or private driveway.

6.

Duplex.

a.

The units may be separated by different stories where the structure is intended for single or condominium ownership.

b.

Duplexes may be sited on a single lot or may have a shared wall along a lot line of adjoining lots.

7.

Garden homes, zero lot line homes and patio homes.

a.

Garden homes, also known as zero lot line homes and patio homes, are permitted to build to the side property line, with no side yard setback, provided the nearest walls on both properties are built as fire walls.

b.

In cases where a garden home or patio home is to be built on a lot that is adjacent to a lot with an existing structure, the side yard setback for the garden home or patio home shall not be closer than ten (10) feet to the existing structure on the adjacent property, unless the nearest wall of the existing structure was built as a fire wall.

c.

Where multiple lots or tracts are built as garden homes, the home may be built with no side yard setback, provided the house on the neighboring lot maintains a ten (10) foot side yard setback at the adjoining lot line.

8.

Group homes. See community homes.

9.

Halfway houses.

a.

Halfway houses shall be allowed wherever single-family residences are allowed, provided that they conform to the dimensional standards of the property zoning.

b.

The home shall be a community-based residential home.

c.

The exterior structure of the home shall retain compatibility with the surrounding residential dwellings.

d.

A halfway house shall meet all applicable licensing requirements.

e.

Halfway houses shall register with the City of Boerne permitting and code compliance department.

f.

A current and valid certificate of occupancy issued by the City of Boerne is required.

g.

The number of vehicles kept at the halfway house shall not exceed the number of bedrooms in the home.

h.

Halfway houses shall be separated from other halfway house by two thousand five hundred (2,500) feet measured door to door.

10.

Manufactured home parks.

a.

A manufactured home park shall provide water and sewer service for each unit.

b.

A manufactured home park shall be a development of twenty (20) or more spaces for rent or lease for HUD-Code manufactured homes.

c.

A manufactured home park shall include common areas and facilities such as recreational areas, laundry and utility services, storage and similar services for the convenience of residents of the manufactured home community.

d.

An approved site plan shall be required for each manufactured home community.

e.

A manufactured home shall not be admitted to any manufactured home park unless it meets the minimum standards and requirements of the "American Standards for Installation in Manufactured Homes of Electrical, Heating and Plumbing Systems".

f.

A manufactured home park exceeding six hundred (600) feet in depth shall be required to install an eight (8) inch fire main, located within the manufactured home community and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants and looping shall in accordance with the UDC and city's fire code.

g.

Exposed ground surfaces in all parts of every manufactured home community shall be paved, covered with stone screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating dust.

h.

All public utilities and all public or private streets shall be installed to City of Boerne specifications.

i.

Manufactured home parks shall conform to the drainage and flood hazard requirements of the City of Boerne.

j.

Manufactured home communities shall be at least six (6) acres in size and shall not exceed a net developable area of twenty-five (25) acres, exclusive of any parks or land necessary to meet other requirements for infrastructure or amenities.

11.

Live-work units.

a.

Each unit, residential and commercial, shall have two (2) clearly distinct areas.

b.

Each area shall separately and independently meet the required commercial building codes.

c.

Occupational or vocational uses allowed in the non-living portion may be any non-residential use allowed in the zoning district.

d.

The use shall not by reason of noise, odor, or physical operation create any adverse impacts on adjacent lots or uses.

e.

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

12.

Modular homes.

a.

All modular homes shall bear a State of Texas compliance decal in accordance with the Texas Department of Labor and Standards Rules.

b.

All modular homes shall be affixed to a permanent foundation in accordance with the City of Boerne building code requirements. There shall be no space variation between the finished floor elevation and the foundation.

c.

All other uses shall be subject to the same requirements and restrictions in the corresponding residential zoning category.

13.

Nursing/residential care facility.

a.

Any residential care facility that requires licensing shall register with the City of Boerne.

b.

No other use, including a home occupation, shall be conducted on the premises of a residential care facility, except for such activities clearly incidental to the administration of the facility and the provision of services in connection with the facility's state license.

c.

Residential care facilities shall be separated from other residential care facility by two thousand five hundred (2,500) feet measured door to door.

D.

Non-residential uses.

1.

Day care/adult.

a.

Adequate provision for pick-up and drop-off shall be provided and maintained, including:

i.

Clearly marked building entry.

ii.

Adequate lighting around entry, building front and areas of outdoor congregation as appropriate for hours of operation.

iii.

At least four (4) temporary parking spaces for loading and unloading.

iv.

At least two (2) accessible parking spaces.

v.

Landscaping that does not disrupt line of sight from windows and entryways.

b.

All outdoor gathering spaces shall be fenced or gated, conforming to city requirements.

c.

At least three hundred (300) square feet of landscaped outdoor gathering space shall be provided.

2.

Assembly.

a.

Assembly is limited in the districts by the seating capacities in the primary facility (this excludes any support facilities such as, education buildings, athletic buildings).

b.

Assembly that directly abuts a residential use shall provide a solid screening fence.

c.

Accessory uses to the principal use, such as schools, coffee houses and daycare facilities, shall only be permitted on site if the assigned zoning category permits the use as a primary use.

d.

Assembly uses shall provide access points as follows:

3.

Automobile services.

a.

For properties zoned C-2 or C-3, facilities that only service vehicles of seven thousand (7,000) pounds gross weight or less shall be permitted. No service to larger vehicles shall be permitted.

b.

A vehicle repair service facility is permitted as a standalone use on a property zoned community commercial (C-3), provided that the facility:

i.

Is limited to four (4) service bays.

ii.

Each bay has a driveway on each side with a stack space sufficient for at least one (1) car per driveway.

iii.

There is an enclosed customer service area, with a separate entry, that is separated or structurally partitioned from the repair service space.

c.

Where an auto repair garage is permitted as an accessory use:

i.

All work shall be conducted wholly within a completely enclosed building.

ii.

The repair service space shall be separated or structurally partitioned from the retail space.

iii.

The repair service space shall have a separate entry from the entry used for the retail space.

iv.

The gross floor area of the auto repair service area shall not exceed the gross floor area of the retail sales area.

d.

Garage doors or bays shall be completely screened from view if they face a neighborhood street or residential lot, in accordance with the city's screening requirements.

e.

Vehicles may be stored outside overnight, provided that they are completely screened from view from public streets, sidewalks, public spaces and residential lots.

4.

Automobile sales.

a.

Used vehicles may only be sold as an ancillary use to new vehicle sales.

b.

All outside display of vehicles shall be on an approved concrete surface, enhanced concrete surface, or a surface approved by the engineering and mobility director.

c.

Vehicle display areas shall meet the landscaping requirements for parking areas.

5.

Bar/wine bar.

a.

Bars shall be located at least one hundred (100) feet from a residential use and shall have an interior square footage of no more than two thousand five hundred (2,500) square feet.

b.

Bars shall not serve alcohol or play music past midnight in the River Road Overlay District.

c.

Bars shall not allow any external amplified sound past 10:00 pm in the River Road Overlay District.

6.

Car wash.

a.

Entrances and exits to the car wash shall not directly face any public street. Where car washes are located on corner lots, entrances and exits shall not face the street with the higher traffic volume, as determined by the city manager or designee.

b.

The car wash structure shall be set back a minimum of fifty (50) feet from any street frontage.

c.

Free-standing vacuuming, cleaning and servicing areas that are not found inside of an enclosed structure shall be set back at least fifty (50) feet from any street frontage.

d.

Vehicles and other material stored on the property before or after the hours of normal business operation shall be stored in the rear yard space of the property, out of view from public streets, public spaces and residential properties.

7.

Accessory childcare.

a.

In-home childcare shall be limited to a maximum of six (6) children.

b.

Outdoor play space shall not be permitted within the front yard area.

c.

No signs shall be permitted except for a name plate not exceeding one (1) square foot in size and attached flat to the primary building.

d.

Daycare facility (more than six (6) children, not home occupation). The outdoor play space for childcare centers which abut or are zoned for residential use shall be enclosed by a six (6) foot solid (opaque) fence.

e.

If the adjacent property is zoned residential but is in use as a school, church or park, a fence shall be required, but fencing materials are at the discretion of the applicant, provided the fence conforms to the fencing requirements of the city.

8.

Commercial agriculture. Commercial agriculture is limited to the rural residential and agricultural properties or to parcels that are ten (10) acres or more in size.

9.

Commercial stables. Commercial stables are limited to the rural residential and agricultural or to parcels that are ten (10) acres or more in size.

10.

Commercial recreation - indoor.

a.

A freestanding indoor commercial recreation facility, including the building footprint, outdoor eating, drinking and entertainment areas/patios, drive-thru lanes and associated facilities, trash dumpsters and receptacles, and loading/unloading facilities, are prohibited within one hundred fifty (150) feet of a residential property line.

b.

An indoor commercial recreation facility within a multi-tenant building is prohibited within fifty (50) feet of a residential property line. Outdoor eating, drinking and entertainment areas/patios and drive-thru lanes and associated facilities are prohibited within one hundred fifty (150) feet of a residential property line.

c.

Outdoor rear or side patio areas shall be screened by a natural stone, simulated stone, or brick fence that is at least six (6) feet tall.

d.

The planning director may waive the above requirement based upon a finding of any of the following:

i.

The planning director determines that due to the site plan layout and/or existing conditions, potential impacts will be negligible;

ii.

The planning director determines that existing and/or proposed vegetation will serve as an adequate screen.

11.

Convenience stores.

a.

Pump islands and service locations shall be limited to no more than two islands and no more than eight (8) service locations and shall be set back at least twenty (20) feet from any right-of-way or lot line.

b.

Canopies shall be no more than fourteen (14) feet high gabled roofs with recessed lighting, shall be setback at least ten (10) feet from any property line, and shall cover no more than one thousand five hundred (1,500) square feet of area.

c.

Curb cuts and driveways shall be limited to no wider than thirty (30) feet and no more than thirty (30) percent of the lot frontage, whichever is less.

12.

Fairgrounds and exhibition grounds. Fairgrounds and exposition grounds are limited to the rural lot types or to parcels that are ten (10) acres or more in size.

13.

Gas station. The primary building shall be set back at least fifty (50) feet from any street frontage.

14.

Home occupations.

a.

There shall be no exterior display, exterior storage of materials, or other exterior indication of the home occupation which would cause the structure to vary in character from a residential use.

b.

No traffic shall be generated by such home occupation than would normally be expected in the neighborhood.

c.

The home occupation shall generate no nuisance for neighbors or the general public.

d.

The following uses are not allowable as a home occupation:

i.

Motorized vehicle repair.

ii.

Electronics and appliance repair.

iii.

Any industrial use.

iv.

Retail sales involving on-site purchases.

e.

Sample sales, garage sales, estate sales and other event-related sales.

i.

There shall be no more than four (4) sale days per calendar year for a property.

ii.

Sales events in a residence shall only take place between the hours of 7am and 7pm.

f.

All existing residential single-family residential buildings located in a non-residential district, as of the effective date of this chapter, may be used as both a single-family dwelling and a business. Home occupations in non-residential districts must meet the following requirements:

i.

There shall be no exterior storage of equipment or materials used in the home occupation at any time.

ii.

The home occupation must be conducted entirely within a permanently enclosed building, except for those necessary outdoor activities related to a day-care nursery. A private garage which is not completely enclosed shall not be utilized as part of a home occupation.

iii.

On-site parking in addition to that required for the dwelling shall not be required for those business uses which require three (3) or fewer parking spaces.

iv.

No automobile engine or small engine repair shall be permitted as a home occupation.

g.

Home occupations in all residential districts shall meet the following requirements:

i.

Home occupation shall never be permitted as the primary use of the property.

ii.

No business shall be permitted that principally involves the resale of tangible personal property at the business.

iii.

No manufacturing or industrial use shall be permitted.

iv.

No barber shop, beauty shop, carpenter shop, electrician shop, plumber shop, radio shop, or sign painting business shall be permitted. No automobile engine or transmission, or small engine repair or service work shall be permitted as a home occupation.

v.

All employees must reside on the premises.

vi.

The home occupation use shall not utilize more than twenty-five (25) percent of the gross floor area of the building.

vii.

No construction features shall be permitted which are not customarily found in a dwelling.

viii.

No signs identifying the home occupation shall be permitted, except that a single nameplate, not exceeding one (1) square foot in area, may be attached flat to the main building.

ix.

There shall be no exterior storage of equipment or materials used in the home occupation at any time.

x.

The home occupation must be conducted entirely within a permanently enclosed building, except for those necessary outdoor activities related to in-home childcare.

xi.

A private garage which is not completely enclosed shall not be utilized as part of a home occupation.

15.

Mini-warehouse.

a.

The maximum lot size shall be five (5) acres.

b.

The facility shall have a minimum of twenty (20) units.

c.

Screening shall be provided adequate to protect adjacent properties from the environmental impacts of the storage facilities, such as visual blight, parking or roadway illumination, headlights, noise, blowing papers and dust, and service areas.

d.

If adjacent to residential on any side, the building height shall not exceed twenty (20) feet, with the exception of the office and the caretaker's residence, which, if a separate structure, may be up to thirty-five (35) feet in height.

e.

On lots zoned for commercial use, perimeter walls of the buildings which face the front yard shall incorporate architectural features consistent with the surrounding uses, and shall not incorporate pre-engineered, metal building components.

f.

The front, side and rear setback areas shall be landscaped in conformity to the landscape standards of this chapter.

g.

The facilities shall incorporate perimeter gates that limit access to the storage areas to customers and caretakers only. Security gates shall conform to all applicable requirements of this chapter, including the building code and fire code.

h.

Any metal fencing shall be wrought iron or similar. Chain link fencing shall be prohibited, and barbed wire shall be prohibited.

i.

Overhead doors shall not face the front street.

j.

No outdoor storage of any kind shall be permitted on the property.

k.

All paving shall be in concrete.

l.

Mechanical equipment on the roof shall be screened from view with the roof structure or with parapet walls.

m.

There shall be no advertising signs on the property other than identifying signage of the mini-warehouses facility itself.

16.

Outdoor retail sales.

a.

Permanent outdoor storage and display areas shall be indicated on the site plan submitted to the city.

b.

Outdoor storage, sales and display areas may not exceed ten (10) percent of the enclosed portion of the primary building.

c.

Where allowed for commercially zoned properties, outdoor storage, sales and display areas shall be screened from view of adjacent roadways, public areas and adjacent properties. Such screening shall:

i.

Be at least eight (8) feet in height or one (1) foot taller than the display area, whichever is greater.

ii.

Be of one (1) or a combination of the following materials:

(a)

Solid screening, using material that matches the primary building.

(b)

Landscape screening, provided that the material is evergreen and conforms to the screening standards of the Unified Development Code.

(c)

Wrought iron accompanied by evergreen landscape screening.

(d)

Chain link fencing accompanied by evergreen landscape screening.

(e)

Other similar material that meets the screening requirements of the city.

d.

Outdoor storage, sales and display areas shall maintain adequate, permanent lighting.

e.

Outdoor storage, sales and display areas shall be adjacent to the primary structure or connected to the primary structure.

f.

Outdoor storage, sales or display areas shall not be located in areas that are used to meet the minimum parking requirements for the property.

17.

Outdoor commercial recreation. Outdoor commercial recreation facilities shall not be located within four hundred (400) feet of residentially zoned land.

18.

Outdoor animal boarding facility (commercial). Outdoor dog kennels shall be located at least three hundred (300) feet from a residential structure that is located on any property in separate ownership, as measured from the nearest portion of an existing habitation to the nearest portion of the kennel.

19.

Oversize vehicle sales, including boats, marine crafts, and trailers.

a.

The area to be used for outdoor storage and display shall not exceed fifty (50) percent of the total lot area and shall not be located within one hundred (100) feet of an adjacent street.

b.

Outdoor storage and display space shall be permanently paved to city standards.

c.

Outdoor storage and display space shall be screened along all road frontages with solid evergreen landscape screen that is at least three (3) feet in height.

d.

All outdoor storage and display space shall be lighted with directed exterior lighting that does not produce glare within the adjacent roadway space.

e.

Boat and marine craft sales shall not be permitted to have any portion of a front yard or side yard along any neighborhood street and shall not be permitted to front a collector street.

20.

Plant nurseries.

a.

Storage areas for herbicides, pesticides, or fertilizers, if any, must be shown on the site plan.

b.

This subsection applies to products that are required by the environmental protection agency to be labeled "combustible", "corrosive", "danger", "flammable", "highly flammable", "poison", or "warning".

i.

Storage or display of a product is required to be:

(a)

In an enclosed building; and

(b)

For a site larger than one (1) acre, separated from property used or zoned for a residential use by at least seventy-five (75) feet plus twenty (20) feet for each acre of site area over one (1) acre.

ii.

Total storage and display area:

(a)

Is limited to one hundred (100) square feet for each acre, or portion of an acre, of site area; and

(b)

May not exceed one thousand (1,000) square feet.

c.

A bulk storage area for soil, compost, or a similar product outside of an enclosed building:

i.

may not exceed ten (10) percent of the site area;

ii.

must be at least twenty-five (25) feet from property used or zoned for a residential use;

iii.

must be screened from view from adjacent property used or zoned for a residential use; and

iv.

may not cause noxious odors that are detectible from adjacent property used or zoned for a residential use.

21.

Private club, lodge or fraternal organization.

a.

The club shall be located at least three hundred (300) feet from a church, school or public hospital at its nearest point, in any direction.

b.

A variance shall be required to locate a private club, lodge or fraternal organization nearer than three hundred (300) feet from a church, school or hospital.

c.

The measurement of the distance between a private club, lodge or fraternal organization and a public or private school shall be:

i.

In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

ii.

If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

d.

There shall be no exterior signs advertising the sale of alcoholic beverages, provided this does not prohibit using established trademark names.

e.

The bar area shall not exceed thirty (30) percent of the total floor area of the establishment, whether indoor or outdoor.

f.

If the private club is located in a multi-tenant building, the boundaries of the club are hereby defined as only that portion of the building in which the private club is located, which is separately leased or owned, or with contiguous internal access, should such floor area be leased to more than one (1) party.

g.

No uses that meet the terms or definitions of "sexually oriented business" as defined in this Unified Development Code shall be located in a private club.

h.

A copy of the permit approved by the state shall be submitted to the city prior to issuance of a certificate of occupancy, to ensure that the property is in compliance.

i.

All special use permits issued for the operation of private clubs may be canceled, suspended, or revoked in accordance with the provisions of this chapter and of the procedures chapter of the Unified Development Code, or as the same shall be amended.

22.

RV parks.

a.

A recreational vehicle park shall be operated in conformity with state law relating to hotels. A person engaging accommodations in a recreational vehicle park shall register and give to the manager, operator, or person in charge the person's name, residence address, and automobile license plate number and the state in which it is registered.

b.

A permit issued under this provision is nontransferable and expires one (1) year from the date of issuance. The permit fee shall be set by a separate ordinance.

c.

A recreational vehicle park must be located on land that is well-drained, free from heavy growth or brush or weeds, free from marsh, and graded or equipped with a stormwater management system to ensure proper control of stormwater runoff.

d.

An entrance or exit drive to a recreational vehicle park licensed under this division must:

i.

Be surfaced with a minimum width of eighteen (18) feet;

ii.

Be well marked to designate roadway parking, and unit boundaries,

iii.

Be lighted at night; and

iv.

Comply with the fire code.

e.

A unit reserved for the accommodation of a recreational vehicle or camp cottage must:

i.

Have an area of not less than five hundred seventy-six (576) square feet, excluding the driveway;

ii.

Be at least twenty-four (24) feet wide, defined clearly by markers at each corner; and

iii.

Be level, free from rock and weeds, and well drained.

f.

The owner or licensee of a recreational vehicle park shall provide the park with a water supply that complies with the utility standards of the city.

g.

The owner or licensee of a recreational vehicle park shall provide the park with a sewer system, either by connecting to the city sewerage system if available, or to a private on-site sewage facility, in compliance with the city code and regulations.

h.

The owner or licensee of a recreational vehicle park shall provide the park with facilities for the collection and removal of waste and garbage.

i.

An owner or licensee of a recreational vehicle park shall provide community toilet facilities, wash basins, bathing facilities, slop basins, and water faucets and spigots in a recreational vehicle park where two (2) or more recreational vehicles or camp cottages are located, and where private conveniences for each site or cottage are not provided. A toilet facility must be in a room separate from a bathing facility or partitioned in a manner that provides privacy and promotes cleanliness.

j.

A recreational vehicle or other structure may not be placed or erected at a distance of less than twenty-five (25) feet from the property line separating the court from the adjoining property, measuring from the nearest point of the recreational vehicle.

k.

A sleeping room in a recreational vehicle park must have at least two (2) well screened windows with a total window surface area of not less than twenty-five (25) square feet, and the height from the floor to the top of the wall may not be less than seven (7) feet.

23.

Short-term rentals. Shall comply with regulations defined in the City of Boerne's short-term rental ordinance.

24.

Towing facility with impound yard. Vehicles stored on site shall be stored behind the front building line of the principal structure and shall be screened from view from all public streets, public spaces and residential lots.

25.

Truck stop.

a.

Entrances and exits to service bays shall not directly face any public street. On corner lots, service bay entrances or exits shall not open toward the street with the higher traffic volume, as determined by the city manager.

b.

The location of access drives shall require approval of the city manager.

26.

Urban agriculture.

a.

Generally.

i.

These requirements do not apply to properties zoned for agricultural use.

ii.

In no way shall these regulations allow for any use or activity that violates any local state or federal law in any way.

iii.

Urban agricultural activity shall not cause a nuisance to occupants of nearby buildings or properties.

iv.

Retail sales and all other public use of the agricultural area shall begin no earlier than 7:00am and end by 7:00pm every day of the week.

v.

No more than two (2) motor vehicles, each with a gross vehicle weight of ten thousand (10,000) pounds or less, may be used for agriculturally related operations.

b.

Composting.

i.

Composting areas shall be fully screened from view from the street and from neighboring properties, unless the structure on the neighboring property is at least fifty (50) feet from the composting area. Screening of compost areas shall be at least four (4) feet in height and at least fifty (50) percent opaque. Composting areas can be screened with landscaping or with a fence that meets the city's requirements for fences and walls or for screening and buffers.

ii.

Open composting areas shall be set back from all lot lines by at least twenty (20) feet. Drums and other self-contained composting systems have a five (5) foot setback requirement.

c.

Community gardens.

i.

Community gardens shall be located on a platted lot.

ii.

Setback requirements for community gardens shall be in accordance with the zoning of the property, and no planting activity shall be conducted in the setback area.

iii.

All chemicals, including fuels and pesticides, shall be stored in an enclosed, locked structure.

iv.

Accessory structures in a community garden, such as storage sheds, utility buildings, gazebos, or greenhouse structures shall comply with all applicable design standards for buildings and sites.

v.

The community garden shall be designed and maintained so that water is conveyed off-site into a city right-of-way or drainage system without adversely affecting adjacent property. Onsite water capture may be allowed, provided that it in no way leaves the property, other than through conveyance directly to a city right of way or drainage system.

vi.

If and as the city imposes water restrictions, such restrictions shall apply for the community garden. In the absence of water restrictions, no person shall use sprinkler irrigation between the hours of 10:00 a.m. and 6:00 p.m. Drip irrigation or watering by hand with a hose may be done at any time in the absence of water restrictions.

vii.

The community garden shall post the site with a clearly visible sign near the public right-of-way that includes the name and contact information of the garden manager or coordinator. The contact information for the garden manager or coordinator shall be kept on file with the planning department.

viii.

In all zones, the total gross floor area of all structures for community garden use may not exceed four hundred (400) square feet on any lot.

ix.

Structures on the community garden site are limited to twelve (12) feet in height, including any pitched roof.

x.

Structures on the community garden site are subject to the design standards for accessory structures.

xi.

Sale and donation of only whole, uncut, fresh food and/or horticultural products grown in the community garden may occur on-site on an otherwise vacant property but shall not occur on a residentially occupied property.

xii.

On-site sales shall be allowed between 7:00 am and 7:00 pm, not to exceed three (3) days per week. Maximum sales area on-site is fifty (50) square feet. A temporary structure may be used at the point of sale only during the hours of the sale and must be removed after the sale.

xiii.

A temporary sign, with a maximum sign face of four (4) square feet, shall be allowed on the day of sale only.

xiv.

A temporary sandwich board sign shall also be allowed in the public right of way within ten (10) feet of the site of sales, provided it does not encroach an unobstructed pedestrian pathway of three (3) feet in width.

xv.

Landscaping structures such as arbors may be installed for aesthetic and shade purposes but shall be located behind the required front setback.

xvi.

A permanent, non-illuminated sign with a sign face that is at least two (2) feet by two (2) feet, but not more than thirty-two (32) square feet, shall be installed on-site. This sign shall include the phone number of a contact person for the community garden. The sign shall be well maintained and, should the garden be permanently closed, shall be removed within thirty (30) days of the closure of the garden.

d.

Produce stands.

i.

Pop-up produce stands.

(a)

Pop-up produce stands sell produce on a site other than the site where the produce was grown and harvested. Pop-up produce stands require a permit from the city and are only allowed on properties where the zoning permits temporary accessory uses.

(b)

Pop-up produce stands shall be required to comply with all setback requirements, according to the zoning of the property.

(c)

Parking and customer waiting areas shall not encroach the public right of way.

ii.

Farm stands. Farm stands, which are temporary stands selling produce grown and harvested on-site, are allowed by right, provided that:

(a)

Setback and dimensional requirements for farm stands shall be the same as those of accessory buildings, in accordance with the zoning of the property.

(b)

Parking and customer waiting areas shall not encroach the public right of way.

(c)

The farm stand shall not exceed a duration of fifteen (15) days of activity in one (1) calendar year.

(d)

Sales shall be limited to the hours of 7:00 a.m. to 7:00 p.m.

(e)

Farm stands shall be allowed only as an accessory to a lawfully established farm, accessory garden or community garden.

(f)

Farm stands shall be removed from the premises, stored inside of a structure, or fully screened from view when not in operation.

(g)

Only one (1) farm stand is permitted per lot.

(h)

One (1) temporary sign advertising only products grown on-site may be displayed during sales but must be removed from the premises or stored inside a structure when the farm stand is not in operation.

e.

Urban farm, small.

i.

Size. Urban farms that are less than one (1) acre are classified as small urban farms. Farms that are one (1) acre or larger are classified as large urban farms.

ii.

Setbacks. All farming activity on-site shall occur behind the minimum setback lines for the property, in accordance with the property's zoning.

iii.

Screening.

(a)

Screening fences are required for the storage of compost, mulch and similar items.

(b)

Storage piles shall not exceed six (6) feet in height and shall be screened from view from all public streets.

(c)

Storage of these items shall not be visible from the ground level of any adjacent residential property or public street.

(d)

Open security fencing shall be allowed for all production areas, provided, however, that fences in the front yard shall comply with the city's design requirements for fences and walls.

iv.

Parking.

(a)

Minimum parking: One (1) space per five thousand (5,000) sq. ft. of growing or storage area.

(b)

Maximum parking: One (1) space per two thousand five hundred (2,500) sq. ft. of growing or storage area.

v.

Where a small urban farm is the primary use on a property located in a residential area:

(a)

On-site sales shall be allowed sunrise to sunset, not to exceed three (3) days per week.

(b)

A maximum sales area of fifty (50) square feet with one (1) temporary structure shall be used the day of the sale.

(c)

A temporary sign with a sign face of no more than four (4) square feet shall be allowed the day of sale.

(d)

A temporary sandwich board sign shall be allowed within ten (10) feet of the site of sales, provided it does not encroach an unobstructed pedestrian pathway of three (3) feet along any sidewalk in the public right of way.

vi.

Water storage and use. Cisterns shall require a permit from the city.

vii.

Design review. The following farm structures on an existing and/or expanded urban farm are subject to the design review and approval by the design review committee:

(a)

Any proposed freight container zoned anything except industrial;

(b)

Any proposed new structure greater than three hundred (300) square feet located on an existing urban farm, or proposed urban farm located in an overlay district;

(c)

Any proposed farm structure greater than seven hundred fifty (750) square feet located on an existing or proposed small urban farm in any area that is not within an overlay district.

viii.

Signage. All small urban farms shall be required to post one (1) identification sign, not exceeding six (6) square feet in total area, attached at a height of no more than four (4) feet high to a structure or fence stating only the name of the urban farm and contact information.

f.

Urban farm, large.

i.

Screening fences are required for the storage of compost, mulch and similar items. Storage piles or the fence shall not exceed six (6) feet in height. Open security fencing shall be allowed for all production areas. Any retail or nonproduction structure or any structure that contains a portion of these activities shall comply with the commercial regulations of the zoning ordinance.

ii.

Self-pick farms are allowed. Parking shall be required at one (1) vehicle per four (4) employees and one (1) vehicle per acre of urban farm for customer parking and may be provided as compacted gravel base.

iii.

Minimum parking: One (1) space per five hundred (500) sq. ft. of Gross Floor Area (GFA) of office, sales, or display area in excess of four thousand (4,000) sq. ft. (minimum of four (4) spaces) + one (1) space per five thousand (5,000) sq. ft. of growing or storage area

iv.

Maximum parking: One (1) space per two hundred (200) sq. ft. of GFA of office, sales, or display area + one (1) space per two thousand five hundred (2,500) sq. ft. of growing or storage area

v.

Permanent or temporary retail sales onsite is allowed.

vi.

Storage of equipment and vehicles including tractors, spreaders and harvesting equipment may only occur on lots within industrial districts.

vii.

Aquaponics shall be permitted, depending on the zoning of the property. If the property is zoned industrial, aquaponics activity may occur either within or outside of a structure. If the property is zoned commercial, aquaponics activity must be fully enclosed within a structure.

viii.

Storage piles and fencing: On properties zoned I3 or I4, storage piles and fencing may exceed six (6) feet in height. Except for properties zoned I3 or I4, storage piles shall not be visible from any public street. Screening and fencing design requirements for nonresidential properties applies.

ix.

Acreage, setbacks and regulations for on-site structures shall be in accordance with the property zoning. Except for properties zoned for industrial use, screening fences are required for the storage of compost, mulch and similar items. Neither the storage piles nor the fence shall exceed six (6) feet.

x.

Open security fencing shall be allowed for all production areas. Any retail or nonproduction structure or any structure that contains a portion of these activities shall comply with the commercial regulations of this ordinance.

27.

Sexually oriented businesses. These regulations are authorized by Texas Local Government Code, chapter 243.

a.

Notwithstanding any provision of this chapter to the contrary, it shall be a violation to use or occupy land or a building for the purpose of operating or maintaining a sexually oriented business within one thousand (1,000) feet of a property that is described as follows:

i.

Another sexually oriented business;

ii.

Any property within a residential zoning district boundary, whether temporary or permanent, or devoted to a residential use, including any land zoned for one (1) of the aforementioned residential uses which is also described as a Planned Unit Development (PUD) or a unit within a Planned Development District (PDD);

iii.

Any place of regular religious worship, including property used as a church, synagogue, mosque, or other religious assembly facility;

iv.

Any public or private elementary, secondary or high school;

v.

Any public park; or

vi.

Any licensed childcare facility.

b.

Method of measurement and survey requirements.

i.

Sole tenant. Measurements shall be in a straight line, without regard to intervening structures or objects, from the nearest property line of the lot on which the sexually oriented business is located, to the nearest property line of the protected properties described in the above subsection (a), which requires separation. This method of measurement shall apply to a sexually oriented business that is the sole tenant within one (1) building located on one (1) platted lot.

ii.

Multiple tenants. Measurements shall be in a straight line, without regard to intervening structures or objects, from the nearest point of the occupied space of the sexually oriented business to the nearest property line of the protected property described in the above subsection (a) which requires separation. This method of measurement shall apply to a sexually oriented business that is a tenant within a multiple tenant building.

iii.

Easements excluded. In calculating the distances described herein, easements (such as right-of-way, drainage and utility easements) that are zoned as, or abut, a protected property classification, shall not be considered as part of the protected property.

iv.

Surveyor. A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this subsection shall be submitted to the city manager for all sexually oriented businesses as part of the application for the certificate of occupancy for the use. Any certificate of occupancy issued for a building or facility used to conduct a sexually oriented business without submission of the required survey shall be null and void.

c.

Annexation. Any sexually oriented business annexed by the city after the effective date of this chapter shall be subject to all the requirements of this section.

E.

Accessory uses.

1.

The regulations applicable to a primary use apply to an accessory use, except as otherwise provided in this section.

2.

Accessory buildings not used as dwelling units.

a.

Properties zoned R2-N, R2-M, R3-D, R3-A, R4-B and R4-L shall have only one accessory building to the principal structure, whether portable or permanent.

b.

Properties zoned RA, RM, RE, R1-L and R1-M shall have no more than two (2) accessory buildings to the principal structure, whether portable or permanent.

c.

An outdoor swimming pool, a tennis court or any other unenclosed facility shall not be counted as a building.

3.

Accessory dwelling units.

a.

Accessory dwelling units shall be restricted to certain zoning districts identified in the master table of uses. Regardless of zoning, lots one-half (½) acre and larger do not require use approval.

b.

The property owner, which shall include title holders and contract purchasers, must reside in either the primary residence or the accessory dwelling unit, and shall at no time receive rent for the owner- occupied unit.

c.

The property owner shall sign an affidavit before a notary public affirming that the owner occupies either the main building or the accessory dwelling.

d.

The applicant shall provide a restrictive covenant and the appropriate filing fee suitable for recording with the county recorder, providing notice to future owners or long-term leasers of the subject lot that the existence of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling or the principal dwelling by the person to whom the certificate of occupancy has been issued. The covenant shall also require the owner of the property to notify a prospective buyer of the limitations of this section and to provide for the removal or disconnection of improvements that cause the premises to be defined as an accessory dwelling and to restore the site to a single-family dwelling, in the event that any condition of approval is violated.

e.

The number of occupants in the accessory dwelling unit shall not exceed two (2) persons.

f.

The accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet of gross floor area or thirty (30) percent of the building footprint, whichever is the smaller of the two (2). This restriction applies only to that portion of a structure which constitutes living area for an accessory dwelling.

g.

An accessory dwelling unit shall not contain more than two (2) bedrooms.

h.

An accessory dwelling unit shall be equipped with a kitchen and a bathroom, which are separate from the kitchen and bathrooms of the primary dwelling unit.

i.

One (1) permanent, on-site parking space, in addition to the on-site parking requirements of the primary dwelling unit, shall be required for any type of accessory dwelling unit.

j.

Parking areas shall be located behind the minimum required front yard setback line.

k.

Only one (1) accessory dwelling unit shall be permitted per lot.

l.

The architectural design, style, appearance and character of the accessory dwelling unit shall be consistent with that of the primary residence and shall generally maintain the same proportions.

m.

Accessory dwelling units permitted in the city include:

i.

Garage apartments

ii.

Detached guest houses

iii.

Attached apartments

n.

The building footprint of a detached guest house shall not exceed thirty (30) percent of the building footprint of the main structure.

o.

Attached apartment.

i.

A primary dwelling that has a partitioned space that is rented out as an apartment is considered to be an attached apartment.

ii.

Attached apartment shall have a separate, dedicated entry, other than the entry to the primary dwelling unit.

4.

Accessory uses for religious assemblies. Accessory uses to the principal use, such as schools, coffee houses and daycare facilities, shall only be permitted on site if the assigned zoning category permits the use as a primary use.

5.

Carports.

a.

Carports shall be open on at least two (2) sides.

b.

Carports must adhere to the setback requirements for garages.

c.

Carports which are visible from a public street shall be constructed of materials matching those of the primary residential structure.

d.

Porte-cocheres are not carports, and are permitted, provided that they are an attached and structurally integrated component of the house.

6.

Commercial accessory use (in a non-residential district).

a.

A commercial accessory use shall be operated primarily for the convenience of employees, clients, or customers of the principal use;

b.

Occupies less than ten (10) percent of the total floor area of the use; and

c.

Is an integral part of the principal use.

7.

Mobile food unit as an accessory use.

a.

A mobile food unit accessory use shall demonstrate mobility at any reasonable time if requested by any peace officer, health officer, or designated city employee;

b.

Be located on property that is developed and improved with an existing, permanent business operating, in a building with a certificate of occupancy at all times while the mobile food vendor occupies the property. The existing business will allow access to restrooms and an indoor or outdoor seating area.

c.

Be located behind or in line with the front façade of the primary structure on the property; and

d.

Be located in a zoning district that allows accessory mobile food units.

8.

Childcare as an accessory use.

a.

The outdoor play space for any childcare facility, including childcare facilities which are accessory uses, which abut a residential use, shall be enclosed by a six (6) foot solid (opaque) fence.

b.

Outdoor play spaces shall be screened from view from arterials and primary collectors, as defined by the city's major thoroughfare plan.

c.

If the adjacent property is zoned residential but is in use as a school, church or park, a fence shall be required, but fencing materials are at the discretion of the applicant, provided the fence conforms to the fencing requirements of the city.

9.

Drive-thru facilities.

a.

A drive-thru shall not be located on a property adjacent to a residential use and shall be separated from a residential use by an intervening building.

b.

Stacking spaces, speaker boxes, service windows, and other facilities associated with a drive-thru lane shall be located a minimum of one hundred fifty (150) feet from any residential property boundary.

c.

A drive-thru shall not be accessible from a neighborhood street.

d.

Stacking lanes for service windows shall meet the requirements of chapter 6: Nonresidential design.

10.

Greenhouses as accessory uses. Greenhouses which are not used for commercial purposes and which are accessory structures shall conform to the dimensional standards for accessory buildings for the zoning category applied to the property.

11.

Limited outdoor retail displays.

a.

Limited outdoor retail displays shall only occur during limited portions of the business hours and shall be brought indoors after business hours.

b.

Limited outdoor retail displays are limited in extent to less than ten (10) percent of the entire merchandise area of the retail use.

c.

Limited outdoor retail displays are limited to seasonal sales or events lasting no longer than two (2) weeks at a time, with at least four (4) weeks between consecutive events.

d.

The use of trash bags to display merchandise is not permitted. Each item shall be displayed individually and not in containers or bags.

e.

Such displays may occupy up to thirty (30) percent of a sidewalk, and the display space shall be entirely located within twenty (20) feet of the primary building.

f.

Such displays shall not impede pedestrian use of the sidewalk. No less than three (3) feet of passable distance shall be maintained at any point along the sidewalk that is being used as sale or display space.

12.

Portable buildings.

a.

Only one (1) portable building is allowed per property for single-family residential lots.

b.

Two (2) portable buildings, one (1) per unit, separated by a privacy fence, are allowed for duplexes.

c.

No portable buildings are permitted for multi-family properties.

d.

Portable buildings are only permitted in the rear yard space and must be located outside of the side and rear setback areas of the property.

13.

Residential convenience service.

a.

A residential convenience service is permitted if the principal use is a multi-family use or a manufactured home park use.

b.

A residential convenience service:

i.

Is a commercial use that is operated as an integral part of the principal use,

ii.

Is not identifiable from outside the site, and

iii.

Is intended to be patronized solely by the residents of the principal use.

14.

Accessory gardens.

a.

Residential accessory gardens.

i.

Gardens are not permitted in the front yard space.

ii.

Food and/or horticultural products grown in an accessory garden may be used for personal consumption. Only whole, uncut, fresh food and/or horticultural products grown in a home garden may be donated or sold on-site under the requirements of cottage industries. Such on-site sales shall not be considered to be commercial activity under this Code and shall not be subject to the restrictions for home occupations.

b.

Nonresidential accessory gardens.

i.

Gardens are not permitted within the front yard space.

ii.

Gardening areas are to be screened from view from any public street, with a screen that is at least four (4) feet tall, and at least fifty (50) percent opaque.

iii.

Accessory gardens shall not occupy more than ten (10) percent of the lot area of a commercial use.

iv.

Sale and donation of only whole, uncut, fresh food and/or horticultural products grown on-site may occur on a commercial property with an accessory garden.

15.

Urban livestock, poultry, and beekeeping.

a.

Generally.

i.

These requirements do not apply to properties zoned for agricultural use.

ii.

The keeping of any animals within the city limits shall require compliance with the city's animal control ordinance, in addition to the requirements established herein.

iii.

Residential properties where the keeping of urban livestock, poultry or bees is allowed, when in accordance with these rules, include:

(a)

Single-family residences (rented or owned).

(b)

Duplexes with separately fenced rear yards.

(c)

Townhouses or row houses with separately fenced rear yard spaces that meet the dimensional requirements of this section.

iv.

In no way shall these regulations allow the housing or possession of any animal in any manner that violates any local, state or federal law.

v.

Slaughtering and processing of animals onsite is prohibited.

vi.

Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents, so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards.

vii.

Farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.

b.

Chicken and poultry.

i.

Screening. Any portion of the coop or run directly visible from a street at any distance shall be screened by a fence that is constructed to be one hundred (100) percent opaque and six (6) feet in height.

ii.

Enclosures.

(a)

All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals, exclusive of areas used for storage of materials or vehicles.

(b)

All runs shall have a securely built frame, preferably wooden, and shall be covered in wire mesh material such as hardware cloth.

(c)

The size and dimensions of the coop shall comply with the requirements for accessory buildings, per the zoning of the property, and with the requirements of the city's animal control ordinance.

(d)

Runs shall not occupy more than twenty (20) percent of the rear yard.

(e)

Runs and enclosed coops shall not exceed eight (8) feet in height.

(f)

Free-ranging of adult egg-laying hens is allowed exclusively in fenced yards.

iii.

Setbacks.

(a)

The coops or cages housing such animals shall not be located in the front yard, or in the side yard if the side yard faces a street. Coops or cages shall not be located within five (5) feet of a rear lot line or a side lot line that does not face a street.

(b)

Structures housing domestic fowl must be located at least twenty (20) feet away from any structure on the lot, and at least twenty (20) feet away from the adjacent lot.

c.

Livestock and exotics.

i.

The keeping of livestock and exotics shall require a fully fenced rear or side yard space that meets the dimensional requirements of this section and the zoning of the property, and which is in accordance with the standards for fencing in chapter 5: residential design standards.

ii.

Screening.

(a)

Livestock enclosures of any kind shall be fully screened from view from a residential street by a fence that is constructed of permanent material to be one hundred (100) percent opaque and six (6) feet in height.

(b)

View from any other type of street shall be screened using permanent fencing material that is at least fifty (50) percent opaque and at least six (6) feet in height.

iii.

Setbacks and enclosures.

(a)

Stables or other enclosures for livestock animals shall not be permitted in front yards or in the side yard if the side yard faces a street.

(b)

Enclosures for animals weighing less than two hundred (200) pounds, such as miniatures, shall be located at least fifty (50) feet from any residential building.

iv.

Setbacks for all other stables and livestock enclosures shall be as follows.

(a)

At least fifty (50) feet from any residential building on the property.

(b)

At least forty (40) feet from any street.

(c)

At least one hundred (100) feet from any residential property.

(d)

At least fifty (50) feet from any other adjacent property.

(e)

Stables and livestock enclosures shall be set back at least one hundred (100) feet from a dwelling on any other property, or from the permitted placement of a dwelling on an adjoining vacant property.

d.

Bees.

i.

Flyway barriers.

(a)

A solid fence or dense hedge, standing at least six (6) feet in height, shall be placed along the side of the beehive that contains the entrance to the hive.

(b)

It shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive.

(c)

No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines or for beehives that are located on porches or balconies at least ten (10) feet above grade, except if such porch or balcony is located less than five (5) feet from a property line.

ii.

Location and setbacks.

(a)

Beehives shall be kept at least ten (10) feet from any onsite residential dwelling, and at least fifty (50) feet from a residential building on another lot. No beehive shall be kept in a required front yard setback area or in a side yard that faces a public street.

(b)

Hives shall not be located within twenty (20) feet of any lot line except when situated eight (8) feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located, in which case the hive shall not be located within ten (10) feet of the lot line.

iii.

Type and number of animals allowed.

(a)

No more than one (1) beehive shall be kept for each one-fourth (¼) acre of lot area, and no bees shall be kept on a lot that is less than one-fourth (¼) acre in size.

(b)

When calculating the number of hives that are allowed, fractions shall be rounded down, not up.

iv.

Hive maintenance requirements.

(a)

Beekeeping is permitted by right as an accessory use, in accordance with the standards herein, if and when registered with the State Department of Agriculture.

(b)

No beehive shall exceed five (5) feet in height and twenty (20) cubic feet in size.

(c)

A supply of fresh water shall be consistently maintained onsite throughout the day, in a location readily accessible to all bee colonies to prevent bees from congregating at sources of water on neighboring properties.

(d)

The keeping of africanized bees is prohibited under the regulations of this section.

F.

Uses requiring a special use permit (SUP).

1.

Certain primary or accessory uses which have unique and definitive impacts on the community, though not permitted by right, may, if meeting certain conditions, be acceptable in certain zoning districts, as indicated by the table of uses.

2.

Exercise of these uses requires a special use permit.

3.

No inherent right exists to receive a special use permit; such authorizations are a special privilege granted by the city council under a specific set of circumstances and conditions, and each application and situation is unique. Consequently, mere compliance with the generally applicable requirements may not be sufficient and additional measures may be necessary to mitigate the impact of the proposed development.

(Ord. No. 2024-28, § 1 (Exh. A), 1-14-2025)