Words, phrases and terms defined herein shall be given the defined meaning. Words, phrases and terms not defined herein shall be given their usual and customary meanings except where the context clearly indicates a different meaning.

The text of the ordinance shall control over captions, titles, and maps.

The word “shall” is mandatory and not permissive; the word “may” is permissive and not mandatory.

Words used in the singular include the plural and words used in the plural include the singular.

Words in the present tense include the future tense and words in the future tense include the present tense.

Words importing the masculine shall where the context requires include the feminine and vice versa.

Except as hereinafter provided, no building shall be constructed, reconstructed, erected, converted, enlarged or structurally altered nor any building or land used which does not comply with all the regulations established by this chapter in the district in which such building or land is located and with any other applicable codes and ordinances.

Except as hereinafter provided, no lot area shall be so reduced or diminished that the setbacks or other open spaces shall be smaller than herein prescribed.

Except as hereinafter provided, no setback or other open space to be used in connection with any building for the purpose of complying with the provisions of these regulations shall be considered as providing a setback or open space for any other building, nor shall a setback or other open space on adjoining property be considered as providing a setback or open space on a lot wherein a building is to be erected.

Except as hereinafter provided, every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one principal building and its accessory buildings on one lot except as specifically provided herein for commercial and industrial districts.

Building lines in subdivisions previously platted and accepted by the City of Bulverde prior to the effective date of this chapter shall be controlled by such subdivision plats and not by the building line requirements of this chapter.

The percentage of lot coverage shall be that defined under each specific zoning district.

The city council of the City of Bulverde hereby adopts, and may from time to time amend, this zoning ordinance. The ordinance and any amendment or revision thereto shall be made in accordance with a comprehensive plan. The city council may adopt an interim zoning ordinance.

The zoning ordinance shall be composed with reasonable consideration to the character of each district and its peculiar suitability for particular uses and to encourage the most appropriate use of land. The regulations in the zoning ordinance shall be uniform throughout each district for each class or kind of buildings, structures or uses of land, but the regulations in one district may differ from those in other districts, and the regulations in the Planned Development District shall be unique to each location.

Guide and regulate the appropriate use or development of all lands in a manner which will promote the public health, safety, morals and general welfare.

Secure safety from fire, flood, panic and other natural and man-made disasters.

Provide adequate light, air and open space.

Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods.

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

Provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, to meet the needs of all citizens according to their respective environmental requirements.

Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

Promote a desirable visual environment through creative development techniques and good civic design and arrangement.

Promote the conservation of open space and valuable natural resources and prevent urban sprawl and degradation of the environment through improper use of land.

Encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to more efficiently using the land.

Except as otherwise provided in this chapter, the city manager or designee shall administer, interpret and enforce this chapter, including receiving applications, inspecting premises and issuing building permits and certificates of occupancy. No building permit or certificate of occupancy shall be issued by the city manager or designee unless the applicant has complied with the provisions of this chapter.

All land, buildings, structures or appurtenances thereon located within the City of Bulverde, Texas, which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located except as hereinafter provided.

No permit shall be issued for the construction of a building or buildings upon any tract or plot for uses regulated under the commercial provisions of the International Building Code, including multi-family residential buildings and nonresidential buildings on property zoned for single-family residential uses, unless the plot or tract is part of a plat of record, properly approved by the planning and zoning commission, and filed in the plat records of Comal County, Texas.

Whenever any building construction or other work is being done contrary to the provisions of this chapter, the city manager or designee may order the work stopped and also revoke the building permit issued by notice in writing served on any person owning such property, or their agent, or on any person engaged in the doing or causing of such work to be done. Any such person shall immediately stop and cause to be stopped such work until authorized by the city manager or designee to recommence and proceed with the work, or until issuance of a building permit in those cases in which the building permit has been revoked. Such stop work order and revocation of permit shall be posted on the work done in violation of this chapter.

Subject to the provisions of this chapter allowing for certain nonconforming uses and/or structures, whenever any land or structure or portion thereof is being used or occupied contrary to the provisions of this chapter, the city manager or designee may order such use or occupancy discontinued, and the offending structure or portion thereof vacated, by notice served on any person causing such use or occupancy to be continued. Such person shall within 10 days after receipt of such notice vacate such structure or portion thereof or make the structure or portion thereof comply with the requirements of this chapter.

Any person, firm or corporation found to be violating any term or provision of this chapter shall be guilty of a misdemeanor and upon conviction may be fined not less than $1.00 nor more than $2,000.00 per offense. Every day a violation continues shall constitute a separate offense.

In case any structure is erected, constructed or reconstructed, altered, repaired, converted or maintained in violation of this chapter, the city and/or any proper person may institute any appropriate action or proceedings to prevent such use or action, to restrain, correct or abate such violation, or to prevent any illegal act, business or use in or upon such premises, including, but not limited to, all remedies provided in section 211.012 of the Texas Local Government Code. In addition to the remedies enumerated above, the city may recover a civil penalty of $1,000.00 for each day’s violation of this chapter. The imposition of any penalty herein is cumulative of any remedy provided by law and shall not preclude the city or any other proper person from instituting any appropriate action or proceedings to require compliance with provisions of this chapter or with administrative orders and determinations made hereunder.

Nothing herein contained shall require any change in the plans, construction or designated use of a building under construction on the effective date of this chapter provided that the entire building shall be completed within one year from the date of the passage of this chapter.

By the passage of this chapter, no presently illegal or nonconforming use shall be deemed to have been legalized or made conforming unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the proper [prior] existing zoning ordinance was repealed and this chapter adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded in all respects as if such prior ordinance had not been repealed.

Building code.

Thoroughfare standards rules and regulations.

Flood damage prevention ordinance.

Erosion control ordinance.

Storm drainage design manual.

Fire code.

Subdivision ordinance.

Sign ordinance.

Dark sky ordinance.

All territory hereafter annexed to the City of Bulverde shall be initially classified as AG Agricultural District. The procedure for establishing zoning for an annexed territory shall conform to the procedure established by law for a change in zoning.

In an area classified upon annexation as AG Agricultural District, the following shall apply:

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

The City of Bulverde, Texas, is hereby divided into zoning districts for purposes of regulating the erection, construction, reconstruction, alteration, repair or use of buildings, other structures or land. In doing so, reasonable consideration may be given, among other things, for the character of each district and its peculiar suitability for particular uses, with the intent of conserving the value of buildings and encouraging the most appropriate use of land in the municipality.

The following zoning districts are established and shall be known as:

The regulations herein established shall apply uniformly to all geographical areas having the same district classification or designation on the official map in all districts, except in the PD Planned Development District. In the PD Planned Development District, a list of permitted uses shall be enumerated, and the height and area regulations and other pertinent standards shall be specified within the ordinance which governs the property for each individual PD tract.

The boundaries of these zoning districts, together with all matters and things shown on such map, shall be indicated upon the “Official Zoning Map of the City of Bulverde, Texas,” attached hereto as exhibit A, adopted, approved, incorporated herein and made a part of this chapter. A copy of the map shall be on file in the office of the city secretary of the City of Bulverde.

Editor’s note–The zoning map is not printed herein.

In all instances, the official zoning map of the City of Bulverde (hereafter called the “zoning map”) shall be used to determine the district classification of property.

In cases of uncertainty with respect to the exact location of boundary lines as shown on the zoning map, the following rules shall govern:

The regulations, restrictions and boundaries established by this chapter may be amended, supplemented, changed, modified, or repealed from time to time pursuant to chapter 211 of the Texas Local Government Code. The planning and zoning commission shall make a recommendation on all such proposed amendments, supplements, changes, modifications or repeals, hold a public hearing thereon, and thereafter submit a recommendation on the matter to the city council. In no case, however, shall the commission recommend to the council, nor shall the council approve, a change of zoning use district classification which would constitute spot zoning.

The governing body may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established. These changes must be adopted in accordance with a comprehensive plan designed to:

In accordance with the provisions and authority of the Texas Local Government Code, the city council may hold any public hearing, after published notice as required by law, jointly with any public hearing which is required by law to be held by the planning and zoning commission, provided, that in such case the council shall not take action on any matter before the joint hearing until it has received the recommendation of the commission.

The city council of the City of Bulverde, Texas, after public hearing and proper notice to all parties affected, and after recommendation from the planning and zoning commission containing such requirements and safeguards as are necessary to protect adjoining properties, may approve uses not allowed by right as special use permit uses in any zoning district.

Any special use permit issued for a guest house or caretaker's quarters must contain the following restrictions on the authorized use:

Reserved.

Every special use permit granted under the provisions of this article shall be considered as an amendment to the zoning ordinance and zoning map as applicable to such property, and shall be adopted as a separate ordinance. In granting such permit, the city council may impose such conditions as may be necessary to promote and protect the public health, safety, order, morals, convenience, prosperity and general welfare. Said conditions shall be complied with by the grantee before a certificate of occupancy may be issued.

Any changes to a special use, or development of a site for the special use, shall be treated as an amendment to the special use permit and shall be subject to the same application and review process as a new application.

Special use permit proposals should refrain from gifts/donations of land or money not associated with meeting other sections of this chapter or any other ordinances of the city, or not directly related to an impact of the proposed development. Acceptable monetary gifts/donations of land may include payments to the tree fund or dedication of parkland as required by the subdivision ordinance.

The owner of the property approved for special use permit may voluntarily request termination of the special use permit by notifying the city manager or his designee in writing.

The city manager or his designee shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions. If the city manager or his designee determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violation and giving the owner of the property a maximum of 30 days to come into compliance. If after 30 days the violations continue to exist, then the city manager or his designee shall forward a report to the city council through the planning and zoning commission which may recommend that action be taken to remove the special use permit from the property, and refusal to issue or revoke the certificate of occupancy. Any violations are also subject to criminal and civil penalties of this chapter.

The city council may appoint a zoning board of adjustment for the City of Bulverde which shall be granted all of the powers and authority granted in chapter 211.009 of the Texas Local Government Code as amended and as provided by ordinance. The board shall have the power to establish rules, regulations and bylaws for the conduct of its own business.

All applications for variances to the provisions of the zoning ordinance or special exceptions as defined herein shall be filed with the city. The city manager or designee shall review the application for completeness and ensure that all necessary material is present for the board to render an informed decision. The application shall be accompanied by the appropriate filing fee established by city council, if any. No notice of any petition, application, or proposal shall be issued and no hearing shall be held before the commission or the city council until the prescribed fees are paid.

No variance or special exception shall be granted on property that is not properly platted.

Where a variance is granted by the board and a building or structure is not started pursuant to such variance within 90 days of the hearing thereon, or completed within two years of such hearing, such variance becomes null and void and of no force and effect.

The board may authorize a special exception to the residential setback requirements of the zoning ordinance if the following criteria are met:

To ensure that the granting of a special exception will not be detrimental to the public welfare or injurious to the property or improvement in the district or neighborhood in which the property is located, the board may, as part of the decision to grant a special exception:

A public hearing shall be held by the zoning board of adjustment prior to the approval any variance to the provisions of the zoning ordinance. Personal notice of the public hearing shall be mailed to all properties located within the city limits, that are located within 200 feet of boundaries of the subject property, before the 15th day before the public hearing. Notice of the public hearing shall also be posted at the subject property before the 15th day before the public hearing.

The owner of any site, tract or lot shall at all times keep the premises, building, improvements and appurtenances in a safe, clean, wholesome condition and comply with the health, fire and police regulations and requirements of the city and those of Comal County, and the owner will remove at his or its own expense, any junk or waste of any character whatsoever which may accumulate on the site, tract or lot.

No continuous activities shall be permitted in any district which would produce noise, odors, fumes, vibration, dust, electronic interference or violation of any laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of Texas, Comal County, the city, or any other political subdivision which has the power and authority to promulgate such decrees with respect to the use of properties within the city, including, but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. section 9601 et seq.) (CERCLA), as amended from time to time, and regulations promulgated thereunder; the Resource Conservation and Recovery Act of 1976 (42 U.S.C. section 6901 et seq.), as amended from time to time, and regulations promulgated thereunder, and any applicable Texas environmental statutes or regulations promulgated thereunder.

The erection, structural alteration or maintenance of any structure, or the use of any land or structure in violation of this chapter or other ordinances relating to the area and district in which such land or structure are located, are a public nuisance when such action constitutes a fire or health hazard, or interferes with the quiet or peaceable enjoyment of property by other persons, or interferes with their health or safety.

Nothing in this chapter shall be construed as impairing or repealing any other ordinance of the city regarding nuisances.