(a)

Table of permitted uses. The uses which are permitted in each zoning district are summarized in the following table of permitted uses. Uses which are allowed as of right are designated in the table by "X." Uses which may be allowed by special use permits are designated by "SUP." The intent of this table is only to state the essence of whether or not a particular use is or may be allowed in a particular district. Other regulations governing these uses are contained in other sections of this chapter. All uses requiring, special use permits shall only be authorized by city council approval of special use permits. The requirements for special use permits are more fully set out in this subsection (a) and subsections (b)—(f) of this section. These requirements are cumulative and in addition to other requirements that affect the usage of commercially zoned properties within the corporate limits of the city. It is further required that all commercial establishments selling materials, retail goods, equipment or any other type of chattels, or servicing or repairing of such, shall display and store personal property inside the buildings of such premises. Temporary sidewalk sales that may include tents no larger than 50 square feet may be allowed with sales duration no more than three days per six-month period. The sales area may not substantially obstruct the parking area.

TABLE OF PERMITTED USES

COMMERCIAL ESTABLISHMENTS

SPECIAL USE PERMITS

(1)

Additional uses only by council approval:

a.

The city council reserves the power to grant additional commercial uses not listed on the commercial table of uses in this section after review and recommendation from the zoning commission.

b.

In the event the council should authorize such additional commercial uses, it shall require the applicant, owner and/or lessee of such properties to comply with all other present conditions required of commercial uses in the city's B-1, B-2, B-3 business districts with respect to the properties used for the additional commercial use. Enforcement of these requirements to such uses shall not preclude the applicant, owner and/or lessee from applying for a variance or special exception from the application of such conditions to the city's board of adjustments.

c.

The city council reserves the power to require applicants, owners and/or lessees for such additional commercial uses to present plans for the location and design of the means of ingress and egress to public streets, off-street parking and loading facilities, sidewalks, drainage, signage, lighting, open spaces, landscaping, fencing, screening of air conditioning units or other forms of protective screening as may be required to protect adjacent and nearby property.

d.

The council may also make recommendations and require measures to limit noise, litter, lighting or other factors which may adversely affect the use, value or desirability of adjacent or nearby property. Such protective measures may include limitations on hours of operation or provisions to ensure continued proper maintenance. No building permits shall be issued by the city administrator or his authorized agent until compliance is confirmed.

(2)

Each business establishment shall have a certificate of occupancy to occupy the buildings or structures from which business is conducted, unless the business qualifies for and obtains a tenant occupancy permit. An office, professional or administrative, must obtain a certificate of occupancy. A business establishment may have one or more permitted use(s). Each permitted use must be listed on the certificate of occupancy. Application for the initial or an additional use requires the issuance of a new certificate of occupancy as well as payment of applicable fees as set by city council. A certificate of occupancy may be transferred to a purchaser or lessee of the business if the use of the buildings or structures remains substantially the same, but such transfer must be recorded with the city.

(3)

Each specialty retail shop located in a B-1 Zoning District that leases the buildings or structures from which business is conducted from a lessor that operates an office, administrative, and possesses a certificate of occupancy in the B-1 Zoning District, may obtain a tenant occupancy permit. Each permitted use must be listed on the tenant occupancy permit. Application for the initial or an additional use requires the issuance of a new tenant occupancy permit as well as payment of applicable fees as set by city council. A tenant occupancy permit may be transferred to a purchaser or sublessee of the business if the use of the structures and buildings remains substantially the same, but such transfer must be recorded with the city.

(b)

Residential district use regulations. In the R-l and R-2 One-Family Districts, no structure, building or land shall be used, and no building or structure shall hereafter be erected or structurally altered, which is arranged or designed to be used for other than one or more of the uses specified in the table of permitted uses and in accordance with the following provisions:

(1)

The minimum lot size shall be no less than two acres in the R-1 District, and no less than 4½ acres in the R-2 District.

(2)

Every dwelling unit shall be a single, detached one-family dwelling, not less than 1,800 square feet in gross floor area, and not more than two stories or 30 feet in height.

(3)

Servants' or extended family quarters:

a.

Servants' quarters may not exceed 1,000 square feet in gross floor area, and may not be rented to anyone except domestic servants who are employed on the property full-time. Extended family quarters are not to exceed 1,000 square feet and are permitted for family use only; these quarters are not to be used for rentals.

b.

In the R-l District, a separate building for servants' or extended family quarters shall not be permitted, but servants' or extended family quarters may be attached to the main dwelling unit.

c.

In the R-2 District, servants' or extended family quarters may be a separate building and they may be on one level above a garage, but such building may not exceed 30 feet in height. In any case, the architectural character of the servants' or extended family quarters shall be compatible with that of the main dwelling unit on the same lot.

(4)

A dwelling may also include the customary outbuildings: one barn, pool cabana not suitable for habitation, tool storage, workshop or studio area without plumbing, along with private garages and/or a carport to accommodate as many as five vehicles in the R-1 Residential District and seven vehicles in the R-2 Residential District.

(5)

Setbacks:

a.

In the R-1 District, the front setback area shall be 50 feet. No structure or building including but not limited to dwelling, garage, outbuilding, swimming pool, tennis court, stables, or riding ring shall be constructed less than 50 feet back from the front property line or less than 25 feet from the rear or side property lines; provided, however, fences, flatwork such as sidewalks and driveways, and landscaped buffers may be constructed within the setback area.

b.

In the R-2 District, the front setback area shall be 100 feet. No structure or building, including but not limited to dwelling, garage, outbuilding, swimming pool, tennis court, stables or riding ring shall be constructed less than 100 feet from the front property line or less than 50 feet from the rear or side property lines; provided, however fences, flatwork such as sidewalks and driveways, and landscaped buffers may be constructed within the setback area.

c.

If any of the present improvements on any residence in a residential district are closer to the property lines than the minimum front, side or rear setback requirements, then any structural alteration to such improvements shall be constructed so as to conform to the minimum setback requirements as provided for herein. If any residence in a residential district is situated farther from the property lines than the minimum setback requirements, then any garage, servants' quarters, outbuilding, swimming pool, tennis court, stables or riding ring shall be constructed so as not to extend in front of the front line of said residence facing any public street.

d.

Television satellite dishes shall be situated to the rear of the residence. Driveway gates shall be set back a minimum of eight feet inside the property line. In the R-l District, liquid petroleum gas tanks shall be at least 25 feet from the side and rear property lines and to the rear of the residence. In the R-2 District, such tanks shall be at least 50 feet from the side and rear property lines and to the rear of the residence.

(6)

No owners of any swimming pool or pond, their agents, servants, or employees shall create a nuisance by draining, or permitting or allowing any drainage from a swimming pool or pond to any adjacent private or public property or onto a public roadway posing a possible traffic hazard.

(7)

Motor homes, mobile homes, recreational vehicles of any kind, trailers, boats, tractors, bulldozers, bobcats, farm equipment or other machinery shall be parked or stored only:

a.

To the rear of the rear line of a dwelling;

b.

Between the front and rear lines of the dwelling provided they are obscured from view by vegetation or a structure from any street;

c.

In a garage or carport, or

d.

Anywhere upon the property for a period not to exceed 72 hours during any 90 day period.

Under no circumstances shall such items be parked or stored within the side or rear setback areas. The front line is defined as two lines emanating from the front most corners of the primary dwelling, perpendicular to the respective side property lines. The rear line is defined as two lines emanating from the rearmost corners of the primary dwelling, perpendicular to the respective side property lines.

(8)

Commercial breeding or feeding of animals, birds, poultry, fish or reptiles or the keeping of wild or exotic creatures is prohibited. The operation of a commercial dairy, dog boarding kennel or veterinary hospital, or the operation of a commercial livery or boarding stable for horses, a riding academy, or rodeo or roping arena is also prohibited. This restriction shall not be construed to prohibit the keeping of a reasonable number of domestic animals for family enjoyment, but where such domestic animals are kept, the premises shall be maintained in a clean condition and in a manner to avoid the breeding of flies and giving off of noxious odors.

(9)

No retail trade, manufacturing, repair work, or construction, shall be conducted in a home office. No stock in trade shall be kept or sold on the premises, and no equipment or materials shall be stored outside the dwelling. No business shall be conducted in a home office which would regularly cause clients or customers to come to the premises nor shall the owner of such business employ any persons for such business who is not a resident of the dwelling or related to the resident by blood, marriage or adoption. No continuous activity shall be permitted in a home office which would produce noise, odors, fumes, vibration, dust or electronic interference outside the premises, or which would cause the dwelling to be ineligible for normal residential water, electric and garbage collection rates. No nameplate, sign or exterior display shall be permitted. The entrance to the home office shall be within the dwelling, and no construction features which are not customarily found in a dwelling shall be permitted.

(10)

No person shall at any time use as a residence, temporarily or permanently, a trailer, motor home, manufactured home, mobile home, basement, tent, shack, garage, barn or other outbuilding. Temporary use of such residences may be authorized through the board of adjustment provided the board of adjustment establishes a time limit for the use not to exceed 12 months.

(11)

No advertising sign or business sign of any character shall be permitted in a residential district, except temporary real estate, political and public interest signs as regulated by chapter 50 and state law.

(12)

All structures on residentially zoned lots, including those uses permitted by special use permit, shall not exceed 30 percent of the entire ground level area of an R-1 zoned lot and 20 percent of the entire ground level area of an R-2 zoned lot. For example, but not limited to following:

a.

A house, garage and/or carport;

b.

A driveway, motor court or parking area;

c.

Courtyards, terraces and greenhouses;

d.

Swimming pools and pool houses;

e.

Tennis or sport courts;

f.

Stables, barns and outbuildings; and

g.

Servants' or extended family quarters.

(13)

All septic or similar on-site sewage facilities must be installed at or below the grade of the lot immediately surrounding the septic or similar on-site sewage facility; provided, however, the building inspector may issue a permit for an above ground installation if he determines that a below grade installation is impractical. All aboveground septic or similar on-site sewage facilities shall be provided with landscaping sufficient to obscure the sewage facility from the view of persons on any adjacent public street. Where a septic or similar on-site sewage facility is a replacement unit, it may be placed in the same location as the prior sewage facility it is replacing even if such location is within a setback line, provided, however, that any above ground part of any such unit must be landscaped to obscure viewing of the sewage facility from the residential lot that is directly adjacent to the setback where the replacement septic or similar on-site sewage facility is constructed.

(14)

Parking areas exterior light fixtures in parking areas shall be directed away from neighboring residential structures and shall be shielded to focus light on parking areas and the structure with which the parking area is utilized. Exterior light fixtures that are not in compliance with this provision on the date of its enactment shall be brought into compliance with this provision by April 30, 2009. The city council finds that to be a reasonable period for non-conforming exterior light fixtures to be terminated. A property owner may apply for an extended period by appeal to the board of adjustment. After hearing all relevant evidence the board shall enter an order either denying the appeal or granting an extended period for compliance. If an extended period of compliance is granted, the board shall establish a compliance date for the property.

(15)

The owner of any residence, tract or lot shall at all times keep the premises, residence, accessory building and other structures in a safe, clean, wholesome condition and comply with the health, fire and police regulations and requirements of the city; and the owner will remove at his or its own expense any waste of any character whatsoever which may accumulate on such 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, the county, the city, including, but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.) ("CERCLA") as amended from time to time and regulations promulgated thereunder; the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.) as amended from time to time and regulations promulgated thereunder and any applicable state environmental statutes or regulations promulgated thereunder.

(c)

Used for other than uses specified. In the B-1, B-2, and B-3 Business Districts, no structure, building or land shall be used, and no building or structure shall hereafter be erected or structurally altered, which is arranged or designed to be used for other than the uses specified in the table of permitted uses and in accordance with the following provisions, except for legal, nonconforming uses and buildings and structures:

(1)

Signs. All signs shall conform to the applicable provisions of chapter 50.

(2)

Height limit. No building or structure hereafter erected or structurally altered shall exceed either two stories or 30 feet in height.

(3)

Setbacks for nonresidential buildings.

a.

Every nonresidential building in a business zoning district shall have a front yard setback of not less than 50 feet, if the abutting property on either side (not separated by a public street or alley) is the side of a lot in a residential zoning district. If the abutting property on both sides of the subject lot is some combination of a public street or alley, another lot in a business zoning district, or the rear of a lot in a residential zoning district, then the front yard setback shall be not less than 35 feet.

b.

Every nonresidential building in a business zoning district shall have a side yard setback of not less than 25 feet, if the abutting property on either side (not separated by a public street or alley) is in a residential zoning district. If the abutting property on both sides is also in a business zoning district or a public street or alley, the side yard setback shall be not less than 12 feet.

c.

Every nonresidential building in a business zoning district shall have a rear yard setback of 25 feet.

d.

All equipment and/or merchandise offered for sale or lease shall be stored in a building.

e.

A special exception to nonresidential setback requirements may be granted for buildings or structures erected on the footprint of buildings or structures that exist on land annexed into the city subsequent to the adoption of this code.

(4)

Off-street parking and loading.

a.

General. The provision for and maintenance of off-street parking facilities shall be the responsibility of the owner of the use, structure and/or land on which is located the use for which off-street parking facilities are required. It shall further be the responsibility of such owners of such uses to provide parking spaces or a parking area for the exclusive use of vehicles transporting temporarily or permanently disabled persons as defined in V.T.C.A., Transportation Code ch. 681.

1.

Dimensions. Off-street parking spaces shall have minimum dimensions of nine feet in width and 18 feet in length, exclusive of access or maneuvering area, ramps and other appurtenances and except as provided in subsection (b) of this section.

2.

Compact vehicles. Up to 30 percent of the required parking spaces may be designated for use by compact vehicles with minimum dimensions of eight feet in width and 16 feet in length. Compact vehicle parking areas shall be identified by either of the following methods: Posting signs a minimum of 18 by 24 inches in size at each end of the designated parking area; or individually marking each parking space surface with lettering a minimum of six inches in size.

3.

Aisle width. The minimum width of access aisles internal to a parking lot or structure shall be as follows:

Minimum Aisle Width (Feet)

4.

Location. Except as otherwise permitted under a cooperative parking plan, off-street parking facilities shall be located on the lot(s) on which the use or structure for which they are provided is located.

5.

Turnarounds. All parking areas containing three or more parking spaces shall include a turnaround which is designed and located so that vehicles can enter and exit the parking area without backing onto a public right-of-way.

b.

Construction and maintenance of parking facilities. Off-street parking facilities shall be constructed, maintained and operated in accordance with the following specifications:

1.

Drainage and surfacing. Areas shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, or asphalt and maintained in good condition free of weeds, dust, trash and debris.

2.

Wheel guards. Boundary or perimeter areas shall be provided with wheel guards or bumper guards, so located that no part of parked vehicles will extend beyond the property line of the parking area.

3.

Protective screen fencing. Areas shall be provided with protective screen fencing so that occupants of adjacent structures are not unreasonably disturbed by the movement of vehicles either during the day or night. If a fence with partial ornamentation is constructed the ornamental side of the fence must face the residential property.

4.

Lighting. Facilities shall be arranged so that the source of light is concealed from public view and from adjacent residential properties and does not interfere with traffic. Building lighting shall be directed away from neighboring residential structures. Lighting fixtures' lamps shall be shielded to focus light on business area only.

5.

Entrances and exits. Facilities shall be provided with entrances and exits so located as to minimize traffic congestion. Except for vehicles entering or exiting businesses located in a B-1 Zoning District, all vehicles entering or exiting into and from commercially zoned properties shall have access from the frontage roads to U.S. Highway 281 North and under no circumstances shall such vehicles enter or exit into such commercially zoned properties from any interior streets fronting residentially zoned properties.

6.

Prohibition of other uses. Facilities shall not be used for the sale, repair, dismantling, or servicing of any vehicle, equipment, materials, or supplies.

c.

Sharing off-street parking facilities. Pursuant to the following procedure, either part of all of the required off-street parking facilities may be located on a site other than the one occupied by the use or structure requiring such facilities:

1.

Cooperative parking plan. Two or more users may share the same off-street parking facilities and each user may be considered as having provided such shared space individually. Such shared parking space, however, shall not be considered as having been provided individually unless the schedules of operation of all such users are such that none of the users sharing the facilities require the off-street parking facilities at the same time. This arrangement for sharing of off-street parking facilities shall be known as a cooperative parking plan.

2.

Application for approval of cooperative parking plan. An application for approval of a cooperative parking plan shall be filed with the city administrator or his designated agent by the owner of the entire land area to be included within the cooperative parking plan, the owner or owners of all structures then existing on such land area, and all parties having a legal interest in such land and structures. Sufficient evidence to establish the status of applicants as owners of parties in interest shall be provided. The application shall include plans showing the location of the uses or structures for which off-street parking facilities are required, the location of the off-street parking facilities, and the schedule of times used by those sharing in common.

3.

Registration of cooperative parking plan. The application shall be reviewed for approval or disapproval by the city administrator or his designated agent with the advice of the city engineer. Upon approval, a copy of the plan shall be registered among the records of the city administrator or his designated agent and shall thereafter be binding upon the applicants, their heirs, successors and assigns. The registration shall limit and control the issuance and validity of permits and certifications and shall restrict, limit, and control the use and operation of all land and structures included within such cooperative parking plan.

4.

Amendment or withdrawal of cooperative parking plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the cooperative parking plan was approved and registered, any such plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plan comply with all the conditions and limitations of the plan and all land and structures withdrawn from such plan comply with the regulations of this chapter.

d.

Minimum requirements.

1.

The minimum requirements for off-street parking facilities in the B-1, B-2, and B-3 Business Districts shall be governed by the table in following section, except for legal, nonconforming uses and structures and buildings. The classification of uses enumerated in the table are general and are intended to include all similar uses. Where a classification of uses is not determinable from the table, the city engineer, after consulting with the city's city administrator or his designated agent, shall fix the classification.

2.

Where any requirement for five or more parking spaces results in a fractional unit, a fraction of one-half or more shall be considered a whole unit and a fraction less than one-half shall be disregarded. In those cases in which less than five spaces are required, a full parking space shall be required to fulfill a fractional space requirement.

Table of Off-Street Parking Requirements.

(5)

Off-street truck loading requirements.

a.

When required. Truck loading facilities shall be required for the B-2 Business District for structures containing uses devoted to businesses, offices, professional buildings, and any other buildings of a commercial nature.

b.

When applicable. No structure shall be designed, erected, altered, used, or occupied unless the off-street truck loading facilities herein required are provided. In the event that structures are enlarged, expanded, or changed, the structure shall not be used, occupied, or operated unless there is provided at least the amount of off-street truck loading facilities that would be required if the increment were a separate structure.

c.

Responsibility. The provision for and maintenance of the off- street truck loading facilities shall be the joint and several responsibility of the operator and owner of the land upon which the structure requiring the facilities is located.

d.

Location. Off-street truck loading facilities shall be located on the same lot on which the structure for which they are provided is located; provided, however, that facilities provided under cooperative arrangement as hereinafter permitted may be located on another site not more than 300 feet from the structure for which they are provided.

e.

Constructed, maintained and operated. Off-street truck facilities shall be constructed, maintained and operated in accordance with the following specifications:

1.

Drainage and surfacing. Areas shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, or asphalt, and maintained in good condition free of weeds, dust, trash, and debris.

2.

Protective screen fencing. Areas shall be provided with protective screen fencing such that occupants of adjacent structures are not unreasonably disturbed by the movement of vehicles either during the day or night. If a fence with partial ornamentation is constructed the ornamental side of the fence must face the residential property.

3.

Lighting. Lighting facilities shall be so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic. Building lighting shall be directed away from neighboring residential structures. Lighting fixtures' lamps shall be shielded to focus light on business areas only.

4.

Entrances and exits. Areas shall be provided with entrances and exits so located as to minimize traffic congestion.

5.

Minimum requirements; area. The following minimum truck loading spaces shall be provided in all districts for structures containing the uses enumerated above in the commercial district.

Minimum Truck Loading Spaces

6.

Waiver. The city council is authorized to waive the off-street loading requirements for structures that are required to provide and maintain fewer than five off-street parking spaces, or any other structure if the design and the proposed use of the structure shows no need for off-street loading.

(6)

Buffering of adjacent residences. Except for corner lots and legal, nonconforming uses, structures and buildings, all lots in a business zoning district abutting another lot in a residential zoning district (whether or not separated by a public street or alley), shall meet the following buffering requirements:

a.

General. A bufferyard consisting of an open space of grass and other landscaping and a masonry wall in combination with design features that screen or block vision, noise pollutants, and other negative by-products shall be provided and maintained along the entire length of the perimeter between any residential districts zoned R-1 or R-2 and other nonresidential districts. The masonry wall or fence shall be maintained and be structurally sound and not permitted to fall into disrepair.

b.

Buffering for commercial properties that abut residential properties in Hill Country Estates, Unit IV. It is recognized that Bexar Metropolitan Water District has an easement four feet wide to accommodate the previous construction of a 48 inch water main which serves water to the cities of Hill Country Village, Hollywood Park and Stone Oak Subdivision. This line is buried in depths of anywhere from 4½ feet to 17 feet in depth. It is recognized that it would be impractical to require a masonry wall as part of the buffering process wherever this water line embraces the boundaries of both residential and commercial properties zoned B-2 in Hill Country Estates, Unit IV. Any commercially zoned property in Hill Country Estates, Unit IV which abuts a residentially zoned lot shall, however, require a six foot wooden, privacy fence with metal or masonry posts. The fence or wall shall be maintained and be structurally sound and not permitted to fall into disrepair.

c.

Restrictions on the use of bufferyards and building setbacks. This area is intended to serve as a buffer between potentially incompatible uses. Structures are not permitted to be located in this area, nor can such area be used for signage, garbage collection, any type of storage, or any nonresidential activity. Passenger car parking, automobile and truck access, and the loading/unloading of goods during daylight hours may be permitted subject to the landscaping requirements hereafter set out.

d.

Buffer. A landscape buffer strip at least 15 feet wide shall be provided within the setback abutting the residential property or the intervening public street or alley.

e.

Landscaping requirements. The bufferyard shall be sodded with turf grass or ground cover that will provide the appearance of a finished planting. A minimum of one large canopy tree of at least 12 feet in height and 2½ inches in caliper measured at a distance of 12 inches above the top of the root ball at time of planting shall be required for each 20 lineal feet of bufferyard. The landscaping in the bufferyard shall be protected from vehicular encroachment by curbs, railroad ties, concrete retainers or other permanent barriers.

f.

Trees utilized for buffering. Without being exclusive, the following is a list of trees that may be utilized for this purpose:

SHADE TREES

Pecan (Carya illinoensis)

Chinkapin oak (Q. muhlenbergii)

Fantex ash (Fraxinus berlandierina)

Monterrey oak (Q. polymorpha)

Osage orange (Maclura pomifera)

Post oak (Q. stellata)

Chinese pistache (Pistacia chinensis)

Texas red oak (Q. texana)

Live oak (Quercus fusiformis)

W. soapberry (Sapindus drummondii)

Chisos red oak (Q. gravesii)

Bald cypress (Taxodium distichum)

Lacey oak (Q. laceyi)

Montezuma cypress (T. mucronatum)

Bur oak (Q. macrocarpa)

Cedar elm (Ulmus crassifolia)

Crepe myrtle (Lagerstroemia indica)

Chinese elm (U. parvifolia)

CONIFERS

The following conifers are also acceptable for this purpose:

Afghan pine (Pinus eldarica)

Japanese black pine (Pinus thumbergiana)

g.

Irrigation requirements. All bufferyards required under this chapter must be irrigated by an underground automatic irrigation system. Provided, however, that, when the total area of the bufferyard is less than 1,000 square feet, an irrigation system shall not be required if there is a working water faucet located at least 100 feet from every part of the bufferyard.

h.

Screening requirements. If the residentially zoned property is less than six feet above the grade of the adjacent abutting property, other than those properties situated in Hill Country Estates, Unit IV, the owner, developer or tenant of such commercially zoned property and use shall erect and maintain a solid masonry wall at least six feet above the grade of the adjacent abutting property along the entire abutting property line except for visibility triangles. In the event the commercially zoned property does not coincide with the property lines of the residential property then such masonry wall shall be required only to the extent of the limits of the commercially zoned property. The masonry wall shall be maintained and be structurally sound and not permitted to fall into disrepair.

i.

Permit requirements. In order to determine compliance with this chapter, an application for a building permit for property that abuts a single family R-1 or R-2 District shall include a landscaping plan with a planting schedule.

j.

Exemptions. This chapter shall not apply to remodeling work that does not increase the existing floor area nor to the restoration of a building that has been involuntarily damaged or destroyed.

k.

Installation and maintenance. The owner shall be responsible for installing and maintaining all masonry walls, wooden fences and landscaping in a healthy, neat, orderly and physically sound condition and replacing it when deemed necessary by the city administrator or his designated agent.

l.

Bonus provisions. The minimum building setback in the rear yards of commercially zoned properties 25 feet can be reduced by five feet in business district B-2 provided that a minimum ten foot landscaped front yard is provided on the site in accordance with the standards specified in this chapter.

m.

Dumpsters. Dumpsters shall be located on a concrete pad enclosed on three sides by a solid masonry wall with solid gates across the front. This wall shall be at least six feet in height, and at least two feet higher than the top of the dumpster. The style and finish of the wall and gates shall be drawn and approved by the city.

n.

Outside lighting. Exterior light fixtures shall be directed away from neighboring residential structures and shall be shielded to focus light on business areas only.

o.

Amplification of sound. No sound amplification shall be permitted outside a building.

p.

Heating and air conditioning units. All heating and air conditioning units located outside or on top of a structure shall be screened from view from the adjacent property.

(7)

Health and safety regulations.

a.

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 the owner will remove at his or its own expense any waste of any character whatsoever which may accumulate on such 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, the county, the City of Hill Country Village 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 USC 9601 et seq.) ("CERCLA") as amended from time to time and regulations promulgated thereunder; the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.) as amended from time to time and regulations promulgated thereunder and any applicable state environmental statutes or regulations promulgated thereunder.

b.

Live or recorded outdoor music is prohibited in an outdoor patio or a partially enclosed area and that live or recorded music be confined to fully enclosed indoor areas. This shall apply in B-1, B-2, and B-3 zones.

(d)

Special use permits.

(1)

Requirements and safeguards. A special use permit may contain such requirements and safeguards as the council considers necessary to insure that the granting of the permit will not adversely affect the character and appropriate use of other land in the area in which it is proposed to be located, that it will not reduce the value of adjacent and nearby properties for the uses allowed on them in accordance with the regulations of the zoning district in which they are located, that it will be in keeping with the spirit and intent of this chapter, that it will not adversely affect the implementation of the approved master plan, that it will comply with the applicable requirements of the district in which it is proposed to be located, and that it will not adversely affect traffic, public health, public utilities, public safety, or the general welfare and character of the city. Before issuing a special use permit, the council shall provide public notice as required for a zoning change, hold a public hearing, and consider the recommendations of the zoning commission on the requirements and safeguards which should be incorporated into the permit.

(2)

Application for special use permit. An application for a special use permit shall be submitted to the city administrator or his designated agent in the form required, and accompanied by the application fee established by city council. The application shall be accompanied by a site plan drawn to scale and showing all of the following items:

a.

The general arrangement of the project, including the location of the adjacent properties and structures, together with the locations of all proposed buildings and structures and the proposed uses to be permitted;

b.

The means of ingress and egress to public streets;

c.

The layout of interior traffic circulation patterns and off-street parking and loading facilities;

d.

The design of proposed landscaping, plans for visual screening and/or fencing to be installed to buffer the use from all adjoining and nearby property, streets where deemed necessary;

e.

The location and use of all existing buildings within 200 feet of the subject property;

f.

The existing zoning district classifications of all property within 200 feet of the subject property;

g.

The limit of the 100 year floodplain, and calculations and drawings by a registered professional engineer sufficient to determine the impact of the proposal on the on-site and off-site drainage. The city administrator or his designated agent shall then review the application for completeness, and, when complete, refer it to the city engineer for a report and recommendations within a reasonable time on the requirements and safeguards which should be incorporated into the proposed permit. Upon receipt of the report and recommendations of the city engineer, the city administrator or his designated agent shall then transmit the application and all supporting documentation to the zoning commission and issue public notice of the zoning commission hearing as required by this chapter for a zoning change.

(3)

Criteria and conditions. In recommending that a special use permit be granted, the zoning commission shall determine that the proposed use will be harmonious with existing buildings, structures and uses on abutting and nearby properties in the vicinity of the subject property. The commission shall make recommendations as to the location and design of the means of ingress and egress to public streets, interior traffic circulation patterns, off-street parking and loading facilities, sidewalks, drainage, signage, lighting, open spaces, landscaping, fencing or other forms of protective screening as may be required to protect adjacent and nearby property. The commission may also make recommendations on measures required to limit noise, litter, lighting or other factors which may adversely affect the use, value or desirability of adjacent or nearby property in the uses allowed by this chapter. Such protective measures may include limitations on hours of operation or provisions to insure continued proper maintenance. The applicant must comply with the restrictions of the special use permit. The city attorney is authorized to enforce the restrictions pursuant to city council determination.

(4)

Amended permits. After a lot is developed under a special use permit, a new special use permit shall be required before any of the following actions:

a.

Addition or removal of any building, structure, fencing or required buffering;

b.

Exterior structural alteration of any building or structure on the lot;

c.

Change in the location or design of ingress and egress to a public street or alley;

d.

Change in extent, location or arrangement of interior traffic circulation patterns or off-street parking or loading facilities;

e.

Change in landscaping, fencing or buffering of adjacent properties;

f.

Change in site drainage;

g.

Routine exterior maintenance, painting and repair may be approved by the administrator;

h.

Interior structural alterations, routine exterior maintenance including painting and repair may be approved by the administrator or his designated agent.

(5)

Special use considered amendment. Every special use permit granted under the provisions of this chapter shall be considered as an amendment to the ordinance as applicable to the subject property. Each such permit shall be numbered sequentially, and a copy shall be filed by the city administrator or his designated agent together with the original zoning ordinance and map. In granting a special use permit, the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued for the use of buildings or structure on the property pursuant to the permit. Such conditions shall not be construed as conditions precedent to the granting of such permit or the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(6)

Previously approved planned unit developments. Ordinance No. 275 shall be construed as the special use permit for Hill Country Oaks Subdivision Planned Unit Development.

(7)

Time limit. A special use permit shall lapse and be of no effect if a building permit is not applied for and the designated work begun within one year from the time of the granting of the special use permit, or if the designated work is not completed within two years from that time. The city council may authorize one extension of either time limit by up to one additional year, upon application by the owner prior to the original expiration date, provided that the total time to completion may not exceed three years from the time of the granting of the special use permit. The fee for such an application for the extension of time shall be the same as the fee for a hearing on a special use permit before the city council.

(8)

Board of adjustment without jurisdiction. The board of adjustment shall not have jurisdiction to hear, review, reverse or modify any determination or decision with respect to the granting, extension, revocation, modification, or any other action taken relating to a special use permit.

(e)

Outside lighting. Exterior light fixtures shall be directed away from neighboring residential structures and shall be shielded to focus light on business areas only. Exterior light fixtures that are not in compliance with this provision on the date of enactment shall be brought into compliance with this provision by April 30, 2009. The city council finds that to be a reasonable period of amortization, on non-compliant exterior light fixtures. A business may apply for an extended amortization period by appeal to the board of adjustment. After hearing all relevant evidence regarding amortization the board shall enter an order either denying the appeal or granting an extended amortization period. If an extended period of amortization is granted, the board shall establish a compliance date for the business.

(f)

Construction, zoning, and SUP review process. The following rules apply to the B-1, B-2, and B-3 District properties that intend to construct, alter by more than 50 percent the exterior of an existing structure, or alter by more than 50 percent the facade of an existing structure or change in zoning classification.

(1)

Stages of the zoning review process (includes SUP)

Attend Pre-Zoning Conference

Submit Zoning Application

Staff Review of Zoning Application

Provision of Public Notice

Zoning Commission Hearing and Recommendation to city council

City council Approval or Denial

(2)

Construction review process.

Attend BDCRB Pre-Application Conference

Submit BDCRB Application

BDCRB Hearing and Determination

Submit Construction Permit(s)

Staff Review and Consideration of Construction Permits

Staff Approval/Denial of Construction Permits

Issuance of Certificate of Occupancy

(3)

Pre-application conference.

a.

Prior to filing a construction/zoning/SUP, an applicant should attend a pre-application conference with the city administrator or his designated agent to determine compliance with the applicable codes and ordinances and to obtain guidance for preparing the application.

b.

During the pre-application conference, the city administrator or his designated agent will explain the procedural requirements, explain the public notice requirements, provide the applicant with an application package, and establish the applicable fees. The applicant may request during the pre-application conference that the city administrator schedule a work session with the zoning commission or BDCRB prior to submission of an application.

c.

A sexually oriented business, if notified of deficiencies as provided in subsection (f)(3)b. of this section, shall have the right to either appeal the decision of the city administrator or his designated agent to the board of adjustment or to a court having jurisdiction of the subject matter within 20 days of receipt of the city administrator or his designated agent's letter noting deficiencies. After said 20 days the decision of the city administrator or his designated agent is final.

(4)

Submission of construction/zoning/SUP application and scheduling of zoning commission, if applicable.

a.

An application and appropriate fee shall be submitted to the administrator with all pertinent documentation and relevant information as identified in the pre-application conference.

b.

Following receipt of the application, the city administrator or his designated agent shall complete a preliminary review of the application to determine whether or not the application is complete and whether the application complies with the requirements of the construction code or zoning district. If the city administrator or his designated agent determines the application is complete, the applicant is notified and assigned an agenda date (for zoning/SUP). If it is determined that the application is incomplete, a written notice shall be sent to the applicant identifying the deficiencies. No further action will be taken until the deficiencies are remedied. If the review for construction permit(s) is complete, the city administrator or his designated agent shall issue the permit(s) and, upon completion, a certificate of occupancy.

(5)

Public notice of a hearing for an application of zoning/SUP shall follow the provision located in this document and by applicable state law.

(6)

An application shall be thoroughly reviewed by the city administrator or his designated agent to determine whether it conforms to the requirements of the zoning code. The application may, as necessary, be referred to any public utility, or any other agency or organization deemed appropriate, to complete the review (i.e., Bexar Metropolitan Water District). A written report summarizing any reviewing agency comments, public comments, and staff comments shall be completed by the city administrator or his designated agent and distributed to the reviewing body and the applicant. The city administrator shall complete the review herein required within 30 days of receiving the application.

(7)

The zoning commission shall review the data provided by the applicant, review the findings, and recommendation of the city administrator or his designated agent, and receive comment from all interested persons in attendance. Thereafter the zoning commission shall recommend to the city council that the application be approved or denied, or if deemed appropriate by the zoning commission, the commission may table or continue action on an application to its next meeting.

(8)

Following the zoning commission's recommendation for approval or denial of an application, the city council, after proper notice, shall consider the application. The city council, taking into consideration the findings and recommendations of the zoning commission and the comments of interested persons, shall approve or deny the application. The city council shall be the final decision-making body on an application. The decision of the city council shall be recorded in the minutes. City council may grant one extension to an applicant for rezoning of not more than six months upon a showing of good cause by the applicant.

(9)

Upon approval of a zoning/SUP application by the city council, the applicant shall comply with the conditions of approval within six months otherwise the approved application shall become null and void.

(g)

Use and other regulations for the B-4 office district. The following rules shall apply to property in the B-4 office district:

(1)

Office use shall mean a facility or facilities used primarily for conducting the affairs of a business, profession, service, industry, medical or dental clinic, government or like activity. Office use may include flex space building(s), which may be configured to accommodate a combination of office and storage uses. Property may also be used for parking.

(2)

The provisions of Sections 78-16(c), (d), (e), and (f) as applicable to property in the B-2 Business District shall also apply to property in the B-4 Office District except that the maximum height of a building in the B-4 Office District shall be one story or 25 feet above ground level.

(3)

The following uses are strictly prohibited in the B-4 office district:

a.

Any business enterprise in which the retail sales of goods on a calendar year basis exceed ten percent of the total sales and receipts of that business enterprise on a calendar year basis;

b.

Veterinary clinics or services;

c.

Storage for rental by non-tenants; and

d.

Any uses permitted under B-1 business district, B-2 business district, and B-3 business district, other than office building; office, professional or administrative; office suite; or medical or dental clinic.

(Ord. No. 929, § 16, 1-20-2005; Ord. No. 956, §§ 1(16B(13)), 2(16B(7)), 3(16E(6)(m)), 4(16B(14)), 8(16B(15)), 9(16B(5)), 10(3), 11(16A), 9-15-2005; Ord. No. 1022, § 1, 12-13-2007; Ord. No. 1192, §§ 2, 3, 9-20-2018; Ord. No. 1237, 11-19-2020; Ord. No. 1293, § 1, 9-21-2023)