The zoning regulations and districts as herein established have been made in accordance with a comprehensive master plan for the purpose of promoting the health, safety, morals and the general welfare of the community. These regulations and districts have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, to the character of the district, and its particular suitability for the particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.

(Ord. No. 617, § I(A), 4-4-2006)

The provisions of this chapter shall apply to all property within the city limits.

(Ord. No. 617, § I(B), 4-4-2006)

All buildings erected hereafter, all uses of land or buildings established or changed hereafter, and all structural alterations, enlargements, relocations, and restorations of existing buildings occurring hereafter shall be subject to the requirements and regulations of this chapter. No land nor building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located. Land uses not specifically cited in a zoning district shall be governed by the procedures prescribed for special use permits.

(Ord. No. 617, § I(C), 4-4-2006)

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 structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

(3)

No building or structure of any type shall be erected, converted, enlarged, reconstructed or structurally altered to exceed a height limit of three stories or 38 feet herein established within the R-1, R-2, R-5 and/or R-6 residential districts without specific approval from the city council. The height limitations are based on the firefighting capabilities of the city's fire department. Any consideration of height variances should include stipulations to ensure appropriate standards of fire protection and fire safety are established for the areas at a maximum of 90 feet.

(4)

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

(5)

No building shall be erected, or structurally altered to the extent specifically provided hereinafter 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, open spaces, and lot area per family required for any building shall not be encroached upon, or considered as part of the yard, 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 the lot is located.

(7)

Every building hereafter erected or structurally 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.

(8)

The density of population shall not be increased in any manner except in conformity with the area regulations established in this chapter. Side yard areas for a building shall not be included as a part of the required areas for any other building.

(Ord. No. 617, § I(D), 4-4-2006)

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 structure means a structure which is on the same parcel of property as the principal structure. The use of an accessory structure is incidental to the use of the principal structure. For example, an accessory structure can be, but not limited to, carports, storage sheds, gazebos, covered patios, etc.

Alley means a public space or thoroughfare that affords only secondary means of access to property abutting thereon.

Apartment means a room or suite of rooms in an apartment house arranged, designed or occupied as the residence by a single-family, individual or group of individuals.

Area of the lot means the net area of the lot and shall not include portions of streets and alleys.

Automobile and trailer sales area means an open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile service station means any premises used for supplying gasoline, oil, diesel and liquefied petroleum gases at retail direct to the customer, including accessories and services for vehicles.

Block means an area within the city enclosed by streets and/or major drainageways or other natural obstacles.

Building means any structure built for the support shelter and enclosure of persons, animals, chattels and movable property of any kind.

Building, accessory, means:

(1)

In a residence or apartment district, a subordinate building attached or detached from the main building, without separate utilities, not used for commercial purposes and not rented or containing servants quarters, a storage room only for domestic storage only or space for one or more automobiles;

(2)

In other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building.

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

Building, front of, means the side of the building most nearly parallel with and adjacent to the front of the lot on which it is situated.

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. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots subject to the provisions of this chapter.

Building, main, means a building in which is conducted the principal use of the lot on which it is situated.

Building setback line means the rear line of a required front yard which is generally parallel to the street line forming the front lot line.

Business means and includes retail, commercial and light industrial uses and districts as herein defined.

Child care facility means a place where children are left for organized care or instruction; a facility to be used for three or more children not of the same household as regulated by the state.

City means the appropriate city government office of the City of Converse, Texas governing or regulating such matters or items referred to in the respective section.

Club means a business that offers alcohol for sale by the drink and derives the majority of its revenue from alcoholic drink sales. The club may also provide and generate revenue from a variety of food and entertainment services.

Court means an open, unoccupied space, bounded on more than two sides by the walls of the building.

Court, inner, means a court entirely surrounded by the exterior walls of a building.

Court, outer, means a court having one side open to a street, alley, yard or other permanently open space.

Courtyard means an open unoccupied space, bounded on more than two sides by the walls of a building. An inner courtyard is a courtyard entirely surrounded by the exterior walls of a building. An outer courtyard is a court having one side open to a street, alley, yard, or other permanent open space.

Depth of lot means the mean horizontal distance between the front and rear lot lines.

Depth of rear yard means the mean horizontal distance between the rear line of a building, other than accessory building, and the rear lot line.

District means a section of the city for which the regulations governing the area, height, or use of the buildings are uniform.

Driveway means that area providing secondary access from a street to one or more dwelling units. Driveways may be paved with any appropriate material that provides an all-weather surface and may be of any appropriate width, but not less than ten feet. Driveways may not be used for general circulation purposes.

Dwelling means a building or portion thereof, but not a house trailer, designed and used exclusively for residential occupancy, including single-family dwellings, two-family dwellings ₁ and multiple-family dwellings, but not including hotels, motels, or lodginghouses.

Dwelling, multiple-family, means a dwelling or group of dwellings on one plot containing separate living units for three or more families, but which may have joint services or facilities.

Dwelling, single-family, means a building containing only one dwelling unit and occupied by only one family.

Dwelling, single-family attached, means two or more dwelling units with common walls between units.

Dwelling, two-family, means a detached house designed for and occupied exclusively as the residence of not more than two families, each living as an independent housekeeping unit. The terms "two-family dwelling" and "duplex" are hereby defined to be synonymous for purposes of this chapter.

Dwelling, two-family attached, means two dwelling units with a common wall between the units and under single ownership which may be attached by a common wall to other units.

Dwelling unit means one or more rooms which are 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. Individual bathrooms and complete single kitchen facilities of kitchens permanently installed are not necessarily provided. Each installation facility consisting of at least a stove or cooking device and a sink shall constitute a separate dwelling unit.

Family means a "family" consisting of one or more persons, each related to the other by blood, marriage, or adoption.

Farm means an area of ten acres or more which is used for the growing of the usual farm products such as vegetables, fruits, trees and grain and their storage in the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including dairy farms, with the necessary accessory uses for treating and storing the produce; provided however, that the operation of such accessory use shall be secondary to that of the normal activities.

Fence, privacy, means a visual barrier constructed to a height of not more than six feet.

Frontage means all the property fronting on one side of a street between the two nearest intersecting streets or other natural barriers.

Garage, private, means an accessory building or portion thereof in which not more than five privately owned motor-driven vehicles are stored by occupants of the premises, not more than one of which may be a truck of not to exceed one ton capacity.

Garage, public, means a building or portion of a building used for repair or servicing of motor-driven vehicles, or where motor-driven vehicles are equipped for operation, or kept for hire or sale, but not including the open storage of trucks, trailers or vans.

Greenhouse means a building often artificially heated or cooled and used for the purpose of cultivating plants too tender to endure open air.

Gross floor area (GFA) shall be measured by taking the outside dimensions of a building at each floor level.

Gross leased area (GLA) means the total floor area designed for both tenant occupancy and exclusive use, including both owned and leased areas.

Height means a building or portion of a building measured from the average established grade at the street lot line or from the average natural ground level, if higher, or, if no street grade has been established to the highest point of the roof's surface, if a flat surface; to the decline of mansard roofs; and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of a building, the following structures shall be excluded; chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height.

Hobby shop means an accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear thereof, and in which no goods may be publicly displayed or advertised for sale, nor may any sign be used in connection therewith.

Home occupation means an occupation which is carried on entirely within a family dwelling or accessory building thereto by a person using the premises as a private residence, which occupation is customarily performed at home, is not detrimental or injurious to other property or residents in the neighborhood, does not occupy more than 25 percent of the floor space of the building, does not involve a structural change in the building purely to accommodate the home occupation, and does not require the employment of any person not a member of the family who does not reside on the premises. The following conditions and activities are prohibited in the family dwelling and accessory buildings as occupations for profit: retail business; manufacturing involving the operation of mechanical equipment not customarily used in a home; public display of goods, wares or merchandise for sale; beauty culture shops; plumbing shop; automobile painting; automobile repair; exterior storage of materials or equipment used in a home occupation visible to any neighboring property owners; and pet grooming.

Hospital means an institute or place where sick or injured inpatients are given medical or surgical care either at public (charity) or private expense.

Housing project means an area of three or more acres arranged according to a site plan and to be submitted to and approved by the zoning commission and the city council on which is indicated the amount of land to be devoted to housing facilities, their arrangement thereon, together with the arrangement of access streets and alleys, and the entire area is to be zoned an R-3 district upon the recommendation of the zoning commission and the action of the city council. The site plan shall indicate that all access streets, alleys, sidewalks, storm sewers, and utilities shall be provided as required by the city, and built in accordance with city specifications.

HUD-code manufactured home/manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g).

Kennel means any lot or premises on which more than three domestic or wild animals are boarded, raised for sale or otherwise maintained for other than the lot owner.

Kindergarten means a school for children of preschool age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. Must be licensed by the state.

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 feet by 35 feet and a vertical clearance of at least 14 feet.

Lot means an undivided tract or parcel of land having frontage upon a public street.

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 situated at the intersection of two or more streets.

Lot, interior, means a lot other than a corner lot.

Lot lines means the lines bounding a lot as defined in this section.

Lot of record means an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the state 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 prior to the incorporation of the city.

Lot width means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the point midway between the front and rear lot lines.

Master plan means a periodically updated series of documents that unify all elements and aspects of planning. The master plan (comprehensive plan) is a policy guide to zoning and subdivision development decision making.

Minor variance means a variance from area regulations as set forth in this chapter related to front yard, side yard and rear yard setbacks when the variance request is for no more than a 50 percent reduction in the required setback.

Mobile home means a structure constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.

Natural or artificial barrier means any river, pond, canal, railroad, levee, embankment, fence or hedge.

Nursery means a place where trees, shrubs or flowering plants are raided from seed or otherwise in order to be transplanted or propagated.

Open space means an area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.

Open storage means the storage of any equipment, machinery, commodities, raw or semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet above ground level.

Owner refers to any owner of any lot or lots within the property.

Parking space means a durably surfaced area 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. A parking space shall not occupy any public land, such as the public right-of-way of a street or alley.

Public parking lot means any premises used for the purpose of parking motor vehicles for remuneration. No repairs or sales will be permitted on the premises.

Screen, rooftop, means a wall, barrier or other permanent material of character, density and acceptable design of sufficient height so that objects being screened are not visible from a site line of 300 feet at ground radius from each corner of the building. Such rooftop screening shall be continuously maintained.

Screening device means a barrier of stone, brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density, and acceptable design, at least six feet in height, where the solid area equals at least 65 percent of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained

Servants' quarters means an accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

Shopping center means an area consisting of three or more acres arranged according to a site plan to be submitted to and to be approved by the zoning commission and the city council on which is indicated the amount of land to be devoted to the shopping village, the detailed arrangement of the various buildings, parking area, streets, and type of zoning desired. It shall require that the installation of all utilities, drainage structures, the paving of streets, parking areas and alleys, and the installation of sidewalks be in accordance with the city specifications for each type of improvement.

Sign means a display of a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution or business. The term "sign" is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A sign shall not include a sign located completely within an enclosed building, nor holiday decorations, nor political campaign posters during the period of 90 days preceding an election until seven days following an election.

Special use permit means a permit of which the purpose and intent is to authorize and regulate a use not normally permitted in a district which could be of benefit in a particular case to the general welfare, provided adequate development standards and safeguards are established for such use. The city council, after public hearing and proper notice to all parties affected, and after recommendations by the zoning commission, may approve a special use permit.

Stable, private, means a stable with a capacity for not more than four horses for use by a private individual (or family) or members only.

Stable, public, means a stable with a capacity for more than four horses for use by the general public.

Story means that part of a building between the surface of a floor and the ceiling immediately above.

Street means any thoroughfare or public driveway, other than an alley, and more than 20 feet in width, which has been dedicated or deeded to the public for public use.

Street line means a dividing line between a lot, tract or parcel of land.

Structural alteration means any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Townhouse means a building that has one-family dwelling units which have walls in common erected in a row as a single building, on adjoining lots, each building being separated from any other building by space on all sides.

Townhouse district means the district that is composed only of townhouse dwellings. The district regulations are designed to protect the residential character of the areas by prohibiting commercial and industrial activities; to encourage a suitable neighborhood environment for family life, and to preserve the openness of the area, and the unique residential design of a townhouse, by requiring that certain minimum yard and area standards, and building construction standards are met.

Trailer park ormobile home park means an area designed arranged or used for the parking or storage of one or more auto trailers which are occupied or intended for occupancy as living quarters by individuals or families.

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

Use, nonconforming, means the use of a building, structure, or land existing at the time of the enactment of the ordinance from which this chapter is derived, and which does not conform to the regulations of the district in which it is located.

Use, nonspecified, means any use not specified in the permitted uses for which an individual chooses to file an application.

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

Used car lot means a lot or portion of a lot to be used only for display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles or the storage of automobiles, or the storage of automobile parts.

Utility easement means an interest in land granted to the city, to the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over and under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.

Yard means an open space on the same building lot with a building which is 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 lot 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 and the main 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, 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 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 most current version of the map or maps incorporated into this chapter as provided by the city engineer and the zoning commission.

(Ord. No. 617, app. A, 4-4-2006; Ord. No. 617-2021, § 1, 5-18-2021; Ord. No. 617-2021A, § 1, 12-7-2021)

Any lot owner, lessee, person, firm, partnership, association of persons, or corporation, or any agent or employee thereof, who shall allow any building structure or use to exist on a property in contradiction to any provision of this chapter shall be considered to have violated this chapter. Any such person or entity who shall violate any part of the rules, regulations or provisions of this chapter, shall be given ten days after written notice from the city in which to comply with the violated provision as stated in the written notice. If the violation is not brought into compliance during the ten-day period mentioned above the party responsible and/or the lot owner shall upon conviction be guilty of a misdemeanor and shall, upon conviction, be punished as provided in section 1-14. In addition to any fine imposed against lot owners and lessees, such parties shall reimburse the city for any and all costs of compliance incurred by the city on the lot owner's behalf.

(Ord. No. 617, § XVI, 4-4-2006)