The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a building or use of an attached or detached structure which is subordinate to and serves a principal building or principal use; is subordinate in area, extent, or purpose to the principal building or principal use served; contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and is located on the same building lot as the principal building or principal use served.

The terms "accessory building" and "accessory use" shall have the same meaning and may be used interchangeably. An accessory building may be a part of the principal building. Domestic employees' quarters, as defined, are an accessory building or use.

Adult arcade means any place to which the public is permitted or invited, wherein coin operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are designed and maintained to show images to five or fewer persons per machine or device at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store, or adult video store means a business enterprise which has as a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior floor space or advertising to the sale, rental or viewing for any form of consideration, of any one or more of the following to on-premises customers:

(1)

Books, magazines, or sound recordings, or printed, visual or audio material of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities; or

(2)

Non-contraceptive instruments, devices, toys, or paraphernalia designed for use in connection with specified sexual activities, books, magazines, pamphlets, pictures, drawings, photographs, motion picture films, or sound recordings, or printed, visual or audio material of any kind, which, because of the depiction or description of specified sexual activities in the materials offered for sale, is restricted to adults. Novelty items designed as sight gags, advertised as such and not designed or advertised for sexual activity, are not instruments or devices as defined and regulated in this section.

Adult entertainment establishment means a nightclub, bar, restaurant "bottle club, "men's club," "gentlemen's club," "cabaret," or similar place of business, or portion thereof where live entertainment is provided for patrons, whether or not alcoholic beverages are served, which features as a significant portion of the entertainment an emphasis on the exhibition, depiction, or description of specified anatomical areas or specified sexual activities; or a place where entertainment is provided to patrons wherein, because of the nudity or semi-nudity of person(s) employed by or associated with the operation of the business, admittance is limited to adults, or admittance is advertised or promoted as being restricted to adults.

Adult motel means a motel, hotel, or similar commercial establishment which:

(1)

Offers public accommodations, in any form of consideration, which provides patrons with closed circuit television transmission, films, motion pictures, video cassettes, slides, or other photography reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(2)

Advertises the availability of the foregoing sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio, or television.

Adult motion picture theater means a business place where one or more films, videos, slides, motion pictures, or similar photographic reproductions are shown that have as a dominant theme, or are distinguished by an emphasis on, the depiction or description of specified sexual activities for observation by patrons or guests, and where admittance to such showings are restricted to adults.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features employees, volunteer patrons, or independent contractors, who appear nude or semi-nude or engage in specified sexual activity, or live performances which are characterized by exposure of specified anatomical areas or engagement in specified sexual activities.

Apartment house means a building or any portion thereof, which contains three or more dwelling units. A low-rise apartment house is one which does not exceed 35 feet in height. A high-rise apartment building is one that is greater than 35 feet in height.

Assisted living. Housing or living arrangements for the elderly, infirm, or disabled, in which housekeeping, meals, medical care, and other assistance is available to residents as needed.

Basement or cellar means a story, wholly or partly (at least 50 percent), measured from floor to ceiling, below the average level of the ground surrounding the building. The portion of a basement or cellar that is above ground level is counted when measuring the height of a building.

Board means the board of adjustment.

Brick material means hard fired kiln fired clay or slate material which meets the latest version of ASTM Standard C216 or C652, Standard Specifications for Facing Brick (Solid Masonry Unit made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FVA or FBS or better. Unfired or underfired clay, sand or shale brick are not allowed.

Building, detached, means a building surrounded by yards or open spaces on the same building lot as the principal building.

Building height means the vertical distance between the highest point of a structure, including all portions of a roof but excluding projections other than chimneys and vents, and the lowest point of the structure above ground level.

Building-integrated solar energy system means a solar energy system that is an integral part of a principal or accessory building rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings.

Building lot means a single tract of land located within a single block which (at the time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership, or control. It shall front upon a street or approved place.

Building-mounted solar energy system means a solar energy system affixed to a principal or accessory building or a structure.

Cementious fiber board means finish wall, soffit, and tile backing material which meet the U.S. HUD material release No. 1263d.

Childcare center means a facility licensed, certified, or registered by the Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.

Clinic means the office of one or more doctors or practitioners of the healing arts legally licensed as such by the state.

Commission means the city zoning commission.

Continuing care facility. A facility which offers a tiered approach to the aging process, accommodating residences' changing needs with part independent living, part assisted living and part skilled nursing home.

Community home means a facility as prescribed in Chapter 123 of the Texas Human Resources Code and all promlugations thereof.

Day care center. A child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week. (Texas Human Resource Code 42.002)

District means a zoning district which is a part of the city where regulations of this chapter are uniform.

Domestic employees' quarters means an accessory building or portion of a main building located on the same lot as the principal building, occupied only by such persons and their families as are employed full time by the occupants of the principal residence.

Duplex means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof on a single platted lot having separate accommodations.

Dwelling means a building or portion thereof, but not a trailer house, designed and intended to be used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels, motels, or lodging houses.

Dwelling, multiple-family, means a building used, or intended to be used, by three or more families living independently of each other and containing three or more dwelling units.

Dwelling, single-family, means a building containing only one dwelling unit and used, or intended to be used, by only one family.

Dwelling, two-family, means a building containing two dwelling units used, or intended to be used, by two families living independently of each other.

Dwelling unit means one or more rooms, arranged, designed, used or intended to be used for occupancy by a single family or a group of persons living together as a family or by a single person. Each installation of kitchen facilities consisting of at least a stove or cooking device and a sink shall constitute a separate dwelling unit. Apartment units in apartment hotels are dwelling units.

Escort means a person who, for any form of consideration, agrees or offers to act as a companion or date for another person, and who also, for a consideration, models lingerie, performs a striptease, poses nude, or conducts escort services in a state of nudity or semi-nudity for that other person.

Escort agency means a person or business association or other business entity which furnishes, offers to furnish, or advertises to furnish escorts, as defined in this section, as one of its primary business purposes, for a fee, tip, or other consideration.

Family means one or more persons, each related to the other by blood, marriage, adoption or in foster care or guardianship; or a group of not more than three unrelated persons who are living together in a dwelling unit.

Fence means a manmade barrier or screening device constructed of the materials, singly or in combination, of the materials authorized in this chapter. No fence shall exceed eight feet in height, except in the G and H districts, as defined in article II of this chapter, where such fence shall not exceed ten feet in height.

Freestanding solar energy system means a solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure.

Guest house means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests (six consecutive months or less) of the occupants of the premises, having kitchen and bathroom facilities, and not rented or otherwise used as a separate dwelling. (Other common names are mother-law-house, pool house, etc.)

Home occupation means any activity carried out for gain by a resident and conducted as an accessory use in the residence or dwelling unit.

Hospice. The provision of palliative care for terminally ill patients, either at a specialized facility or at a residence, and support for the family, typically refraining from taking extraordinary measures to prolong life.

Landscaped areas means areas which are devoted to and consist of plant material, including but not limited to: grass, trees, shrubs, flowers, vines and other ground cover, native plant materials, planters, brick pavers, stone, natural forms, water forms, public art forms, stone aggregate and other landscape features, but not including smooth concrete, asphalt or paving for vehicular traffic; provided however, that the use of brick, stone, aggregate or other inorganic materials shall not be greater in total area than that of organic plant material.

Loading space means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

Lot. A parcel of land having its principal frontage upon or having legal access to a street or having legal access to or upon an officially approved right-of-way.

Lot area means the area of a horizontal plane intercepted by the vertical projections of the front, side and rear lots lines of a building lot.

Lot, corner, means a lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on the street on which it has its least dimension, unless otherwise specified by the city manager.

Lot frontage means the portion of a lot that abuts a street. In the case of a lot that has frontage on more than one street, the narrowest portion of the lot abutting a street will be considered the front of the lot unless:

(1)

A legally recorded plat of the property indicates otherwise; or

(2)

The city manager determines from existing development on properties within a 1,000-foot radius from all property lines of the lot with more than one frontage that the front of the lot shall be the wider portion for setback purposes. If the wider portion becomes the front, no structure may extend in front of the front or side setback lines of adjacent properties.

Lot, interior, means a lot whose side lines do not abut upon any street.

Lot of record means an area of land designated as a lot on a plat of a subdivision recorded pursuant to state law with the county clerk or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk. (See building lot.)

Lot, through, means an interior lot having frontage on two streets.

Masonry construction means all construction of stone material (including artificial stone), hard fired brick material, concrete masonry units, rock or other materials of equal characteristics laid up unit upon unit set and bonded to one another in mortar.

Massage establishment means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, such treatment, manipulation, or service related thereto, does not expose or manipulate specified anatomical areas. The definition of a massage establishment shall not include the practice of massage by a licensed hospital, nor by a licensed physical therapist or licensed occupational therapist, licensed physicians, surgeons, chiropractor, osteopath, nurse, technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers of any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

Massage parlor means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, such treatment, manipulation, or service related thereto, exposes or manipulates specified anatomical areas. The definition of a massage parlor shall not include the practice of massage by a licensed hospital, nor by a licensed physical therapist or licensed occupational therapist, licensed physicians, surgeons, chiropractor, osteopath, nurse, technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers of any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

Massage therapy means the manipulation of soft tissue by hand or through mechanical or electrical apparatus for the purpose of body massage. The term includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. Massage therapy may include the use of oil, lubricant, salt glows, heat lamps, hot and cold packs, jacuzzi, aroma therapy, and sauna. The terms "therapy" and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Masseur means any person who engages in the practice of massage therapy as herein defined and who is licensed by the state department of licensing and regulation. The use of the masculine gender in this chapter shall include in all cases the feminine gender as well.

Memory care. Specialized care for people suffering from Alzheimer's disease or other cognitive diseases by providing a controlled environment that is safe and comfortable.

Negative secondary effects mean any one of the following conditions caused by geographic proximity to a sexually oriented business:

(1)

Depreciation in surrounding property values;

(2)

Violations of law not limited to but including: indecent exposure, drug use, prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials, possession and distribution of controlled substances, public intoxication, disturbing the peace; or

(3)

Adverse impact upon the city as a primarily family-oriented residential area.

Nonconforming use or nonconforming structure means the use of land, or existence of a structure, in violation of this chapter. A legal nonconforming use or structure is one that was legal prior to the action of the city council to prohibit the use or structure.

Nude modeling studio means any place where a person who, for money or any form of consideration, appears in a state of nudity or displays specified anatomical areas, to be observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by other persons. This definition shall not include nude modeling by an adult that occurs in conjunction with art classes of a university, college, or any art class supervised by an art instructor paid by an arts school.

Nude, nudity or state of nudity means a state of dress which fails to cover the human anus, genitals, pubic region, and the areola of the post-puberty female breast.

Nudity attraction establishment means any place of business where nudity or semi-nudity is regularly or routinely advertised as a characteristic of the business or which regularly attracts patrons with nudity or semi-nudity.

Office condominium means one of a group of not less than two or more than eight adjoining office units sharing a common wall with one or more of such adjoining office units, with each office unit being owned independently.

Open storage means the storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level.

Parking space means a surfaced area not less than nine feet by 18 feet, enclosed or unenclosed, sufficient in size to store one automobile together with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress without encroachment on the street.

Paved. To cover uniformly with impervious material.

Pervious/permeable cover. A variety of types of pavement, pavers and other devices that provide storm water infiltration while reducing run off.

Planned unit development (PUD) means a tract of land developed according to plan as a single entity, in compliance with the use, density, intensity, and characteristics designated for such a district in this chapter.

Portable construction buildings. A structure transportable in one or more sections, which is built on a permanent chassis and is used solely as a construction office with or without a permanent foundation when connected to the required utilities. The structure shall not provide for and shall not be used as a temporary or permanent unit.

Preschool. A school or nursery intended for a child between infancy and school age.

Recreational vehicle means a motor vehicle or motor vehicle and attachment primarily designed as temporary living quarters for recreational camping or travel use 11 feet or more in length. The term "recreational vehicle" includes a travel trailer, camping trailer, truck camper, pop-up trailer and motor home. In determining the length of motor vehicle trailers and other attachments, the length shall be the combined length of all units.

Respite care. The provision of short-term relief to those who are caring for family members who might otherwise require permanent placement in a facility outside the home.

Residence means a building or structure of one or two stories designed for single-family or multiple-family occupancy, constructed and maintained in accordance with city Code standards as a human dwelling, often referred to as a "home," "dwelling" or "dwelling unit."

Rest home or nursing home means a place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. The term "rest home" or "nursing home" includes a convalescent home.

Ribbon driveway. A driveway that consists of two ribbons of paving with a strip of grass, or other planted material or gravel in-between to minimize storm water drainage.

Screening device means a solid barrier of stone, brick, rock, stucco, wood, or other permanent material of equal character, density, and design acceptable to the city manager, at least six feet in height.

Semi-nude, semi-nudity or state of semi-nudity means a state of dress which fails to fully opaquely cover the crevice of the human buttocks, genitals, pubic region, and the areola of the pubescent female breast.

Setback means the minimum distance as identified in this chapter between the walls of any projection of the building, excluding steps and unenclosed porch, and the front, rear and side lot lines, and extending across the full width of the lot, on which no building or structure may be erected.

Sexual encounter establishment means any business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas when one or more of the persons is in a state of nudity or semi-nudity. The term "sexual encounter establishment" does not include an establishment where a medical practitioner, psychologist, psychiatrist, or medical professional licensed by the state engages in medically approved and recognized therapy or treatment.

Sexually oriented business means and includes an adult arcade, an adult bookstore, an adult novelty store, an adult video store, an adult entertainment establishment, an adult motel, an adult motion picture theatre, a massage parlor, an adult theater, a nude modeling studio, a nudity attraction establishment, and an adult sexual encounter establishment.

Shared group housing for disabled persons means a licensed shared residential living arrangement which provides a family type of environment for up to and including six disabled persons, supervised by one or more primary caregivers and operated by the state department of aging and disability services, a community center organized under V.T.C.A., Health and Safety Code § 591.001 et seq. which provides services to disabled persons, a nonprofit corporation, or an entity certified by the state department of aging and disability services as a provider under the intermediate care facilities for the mentally retarded programs.

Sign. See chapter 34.

Solar collector surface means any part of a solar energy system that absorbs solar energy for use in the system's transformation process. The collector surface does not include frames, supports, and mounting hardware.

Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system means a device or structural design feature intended to provide for collection, storage, and distribution of solar energy for heating or cooling, electricity generating, or water heating.

Specified anatomical areas means the human genitals, crevice of the buttocks, pubic region, anus, and the areola of the pubescent female breast.

Specified sexual activity means actual and simulated human genitals in a state of sexual stimulation or arousal, actual or simulated human masturbation, sexual intercourse, sodomy, fellatio, cunnilingus, fondling or other erotic touching of human genitals, crevice of the buttocks, pubic region, anus, or the areola of the pubescent female breast, and excretory functions as part of or in connection with the above-described activity.

Stone material means granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all weather stone. Cut stone, dimensional stone, cast stone, and cultured stone are acceptable. Stone may also include cast or manufactured stone product, provided that such product yields a highly textured stone-like appearance, its coloration is integral to the masonry material and it is demonstrated to be highly durable and maintenance free; natural or manmade stone shall have a minimum thickness of three and five-eighths inches when applied as a veneer.

Street yard area means the area of a lot which lies between the property line at a dedicated street and the actual front wall line of the building or, if no building, to the rear property line. Such building wall lines extend between the outward from corners of the buildings.

Structure means anything constructed, erected, located, and placed on the ground or attached to something constructed, erected, and placed on the ground. A building is a structure.

Surface or surfaced means covered by only asphalt, concrete, pavers or brick. The term "pavers" are defined as sectional or separate pieces or units of brick, heavy tile or concrete, separately placed or embedded in the earth or on base material and spaced so as to provide both adequate support for vehicles moving over or parked thereon, and optionally for the soaking-in of rain or sprinkled water and the cultivating and tending of grass or other suitable ground cover in the spaces between the pavers.

Surfaced. To finish the surface of; give a particular kind of surface to; make even or smooth.

Tower means a unit with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure.

Townhouse means one of a group of not less than two or more than eight adjoining single-family dwelling units sharing a common wall with one or more of such adjoining single-family dwelling units.

Trailer, travel trailer, cattle trailer, utility trailer, etc., means a vehicle designed to be drawn by another vehicle, attached to the towing vehicle or used in conjunction with a motor vehicle. Used for transporting property, passengers, animals, etc., wholly on its own structure.

Trailer house means a vehicle used for living or sleeping purposes and standing on wheels or on rigid supports, but which when properly equipped and situated can be towed behind a motor vehicle. A trailer house is not a residence as herein defined.

Use means the purpose or activity for which the land, or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and includes any manner of such activity with respect to the standards of this chapter.

Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use.

Utility vehicle means a motor vehicle that is not a golf cart or lawn mower and is equipped with side-by-side seating for the use of the operator and a passenger, designed to propel itself with at least four tires in contact with the ground, designed by the manufacturer for off-highway use only, and designed by the manufacturer primarily for utility work and not for recreational purposes.

Vehicle queuing. A line of vehicles, in which the one at the front end is dealt with first, the one behind is dealt with next, and so on, and which newcomers join at the opposite end (the back).

Visual screen means a wall, not of living plant material, permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall and entrance gates shall not exceed 14 square inches, and the wall is of sufficient height so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and eight feet above ground level.

Yard means an open space on the same building lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be used. A yard extends along a line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building lot is located.

Yard, front, means a yard extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and any building or any projections thereof other than steps, planter box, and unenclosed porches.

Yard, rear, means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, planter boxes, or unenclosed porches.

Yard, side, means a yard extending along the side lot line from the front yard to the rear yard, being the minimum horizontal distance between any building or projections thereof, except steps and unenclosed and uncovered porches and the side lot line, except for corner lots where the side lot line paralleling a right-of-way will extend from the front yard line past the rear of the principal building to the rear property line.

Zoning district map means the map or maps incorporated into this chapter as a part hereof by reference thereto.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2022-09-27, §§ 1, 2, 9-27-2022)

(a)

All buildings or structures hereafter constructed, reconstructed, erected, moved, relocated, modified, demolished, or restored, and all land, buildings, or structures hereafter used or occupied, shall be subject to the requirements and regulations of this chapter, except as hereinafter provided.

(b)

Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived, and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, upon completion, may be occupied under a certificate of occupancy for the use for which originally designated, subject thereafter to applicable provisions of this chapter.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Except as provided in this chapter:

(1)

No land shall be used except for a purpose permitted in the district in which it is located.

(2)

No building shall be erected, converted, enlarged, reconstructed, moved or altered, nor shall any building be used, except for a use permitted in the district in which such building is, or is proposed to be, located.

(3)

No building shall be erected, converted, enlarged, reconstructed, moved or altered to exceed the height limit herein established for the district in which such building is, or is proposed to be, located.

(4)

No building shall be erected, converted, enlarged, reconstructed, moved or altered except in conformity with the area regulations of the district in which such building is, or is proposed to be, located.

(5)

No building shall be erected, converted, enlarged, reconstructed, moved or altered except in conformity with the off-street parking and loading regulations of the district in which such building is located.

(6)

The minimum yards, parking spaces, and open spaces, including lot area per family, required by this chapter for each and every building existing at the effective date of the ordinance from which this chapter is derived or for any building hereafter erected, converted, enlarged, reconstructed, moved or altered shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building. Nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.

(7)

Every building hereafter erected, converted, enlarged, reconstructed, moved or altered shall be located on a lot as defined in this chapter, and, except as hereinafter provided, there shall not be more than one main building on one lot.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Except as otherwise provided in this chapter, the city manager, or designee, shall administer and enforce this chapter, including the receiving of applications, the inspection of premises and the issuing of building permits and certificates of occupancy. No building permit or certificate of occupancy shall be issued unless the provisions of this chapter have been met.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Any person or corporation who shall fail to comply with any of the provisions of this chapter or fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, or who commits, takes part, directs, or assists in any such violation or who maintains or sues any building or premises or part thereof in which any violation exists shall be guilty of a misdemeanor, and any such person or corporation upon conviction thereof shall be fined as provided in section 1-17.

(b)

Any owner or owners of any building or premises or part thereof, who participates in, or knowingly and willingly permits a violation of this chapter, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who assists in the commission of any such violation shall be guilty of a separate offense and upon conviction thereof shall be fined as provided in this section.

(c)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of the general law or of the terms of this chapter, in addition to imposing any other penalty, the city may institute any appropriate action or proceedings in court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent the occupancy of such building, structure or land, or to prevent the illegal act, conduct, business or use, in or about such land.

(d)

The definition of any violation of the terms of this chapter as a misdemeanor shall not preclude the city from invoking the civil remedies given it by law in such cases, but the same shall be cumulative of and in addition to the penalties prescribed for such violation.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Unless prohibited or amortized by city council, a legal nonconforming use or structure may be "grandfathered," or allowed to continue indefinitely; however, existing uses or structures allowed to continue may not be expanded or enlarged and future uses and structures will be subject to this Code.

(b)

Nonconforming uses or structures not "grandfathered" are subject to demolition, removal, cessation, and abatement; however, any nonconforming structure must be completely abated and the entire structure brought into compliance with current city ordinances if any one of the following conditions occurs:

(1)

Fifty percent or more of the structure is damaged or destroyed;

(2)

Repairs to a structure will equal 50 percent or more of the replacement costs of the entire structure with costs determined within six months of the damage or destruction; or

(3)

Repairs to the structure will exceed 50 percent or more of the appraised value according to the Bexar Appraisal District at the time of the damage or destruction.

In the case of a building or structure, the replacement cost or appraised value will be based on the building or structure itself and not the land, furnishings, or other improvements.

(c)

A nonconforming use may not be expanded or altered unless a special use permit or zoning change is obtained. A nonconforming structure may not be expanded unless a variance is obtained.

(d)

If a nonconforming use or use of a nonconforming structure or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the requirements of the district in which it is located.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The city council may from time to time by ordinance amend, supplement, change, modify or repeal the boundaries or uses of the districts or the district regulations established in this chapter. Before taking any such action, the city council shall first receive and consider a final report of the zoning commission. Should there be no formal recommendation or report of the zoning commission within sixty (60) days of the initial public hearing of the zoning commission on such matter, the minutes of the zoning commission, whether draft or approved, shall stand as the final report.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)