A.

Purpose. This district is a commercial category providing a uniform set of standards for retail shopping facilities and general commercial activities. It is intended that this zoning district be served by major thoroughfares and be of such size that all parking and traffic maneuvering can take place on the commercial site. It is expressly intended that no residential dwelling be erected in this commercial district and existing dwellings will remain as legal non-conforming dwellings.

B.

Use regulations. In the "C" Commercial District, no buildings or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses:

a.

Permitted uses.

1.

Single-family dwellings as provided in "SF" district.

2

Multi-family dwellings as found in "MF" district.

3.

Antique shops.

4.

Arcades, auditoriums, theaters, cinemas.

5.

Automobile parking areas.

6.

Automobile parts, retail sales.

7.

Bakeries, providing that the floor area does not exceed 3,000 square feet.

8.

Barber and beauty shops.

9.

Bicycles and bicycle repair shops.

10.

Blueprinting or photostating.

11.

Book or stationary stores, or newsstands.

12.

Business colleges, trade schools, or private schools operated as a commercial enterprise.

13.

Temporary seasonal outdoor sales operations such as Christmas tree sales, firewood sales, crafts, and food sales when such temporary operation exceeds 72 hours in a 12-month period. Such temporary sales operations may be a principal use on a property or an outdoor operation in conjunction with and subordinate to any existing permitted permanent indoor retail establishment. Such temporary outdoor sales operations shall require the submittal of an operations site plan for approval by the city planner prior to setting up operations. The operations site plan shall show the proposed location of sales areas, storage areas, parking areas, traffic flow and street access, fencing and signage in relation to existing improvements to the property. Portable signs may be approved for the duration of the temporary outdoor sales operations when such sign is included in the approved operations site plan. A temporary outdoor sales operation on a single site shall not be approved for more than three occurrences in a 12-month period, the total of which shall not exceed 120 days.

14.

Cigar or tobacco stores.

15.

Cleaning, dyeing and pressing works; laundry and washaterias, providing that the floor area does not exceed 3,000 square feet for separate or combined uses.

16.

Commercial amusement centers and bowling alleys, indoor operations only.

17.

Confectionery stores.

18.

Custom dressmaking or millinery shops.

19.

Dancing schools.

20.

Day care nurseries and kindergartens.

21.

Department stores.

22.

Dog and cat hospitals or small animal hospitals, if conducted wholly within a completely enclosed soundproof and air conditioned building, provided, that noise or odors created by activities within the building shall not be perceptible beyond the property line, and that no animals are kept outside the building at any time.

23.

Health service facilities: Clinics, offices of dentists, doctors and other practitioners of the healing arts licensed or similarly recognized under the laws of the State of Texas; offices for specialists in supportive health service fields such as physical, audio and speech therapy, podiatry and psychological testing and counseling; dental, medical and optical laboratories and blood banks; ambulance dispatch stations, prescription pharmacies and offices, stores and display rooms for the sale and rental of medical supplies and equipment.

24.

Drug stores.

25.

Dry goods and notions stores.

26.

Duplicating service, printing, lithographing, by mimeographing, multigraphing and offset printing, providing that the floor area does not exceed 3,000 square feet.

27.

Electrical and gas appliances and supply sales, electrical and gas repair and installation services.

28.

Financial institutions.

29.

Florist or gift shops.

30.

Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping.

31.

Garages, storage only.

32.

Grocery stores and meat markets.

33.

Hardware, paint, wallpaper stores and other home improvement items.

34.

Health and physical fitness centers.

35.

Hotel, motel or motor hotel subject to the following restrictions:

a.

No building or outside activities or facilities including dumpsters, mechanical, storage or maintenance buildings or equipment, or recreation areas, except surface parking shall be less than 50 feet from any residential district.

b.

No building shall exceed three and one-half stories nor shall it exceed 60 feet within 100 feet of any residential zoned property.

c.

Any external lighting shall be mounted and maintained to not illuminate any adjacent residential zoned property.

36.

Household and office furniture, furnishings and appliances.

37.

Jewelry stores, optical goods.

38.

Golf course, including miniature course, driving tee, driving range and "pitch and putt" course. Lighting of any such use shall be directed away from residential areas.

39.

Leather and leather goods shops, providing that the floor area does not exceed 3,000 square feet for separate or combined uses.

40.

Mortuaries, funeral homes and undertakers.

41.

Museums, libraries, fine arts centers, parks, playgrounds, community centers or recreational areas.

42.

Medical care facilities: Nursing and care homes; hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors.

43.

Nursery yards or buildings for retail sales provided that all incidental equipment and supplies including fertilizer and empty containers are kept within a building.

44.

Offices.

45.

Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency.

46.

Public buildings, including libraries, museums, police and fire stations.

47.

Piano stores, musical instruments and supplies.

48.

Plumbing and heating appliances, repair and installation services. All storage of materials must be indoors.

49.

Radio and television sales and servicing.

50.

Restaurants, tearooms, cafeterias, fast food and "take-out" food restaurants.

51.

Retail stores, businesses, pawn shops, or shops for custom work or the manufacturing of articles to be sold at retail on the premises, providing that in such manufacture the total mechanical power shall not exceed five horse power (5 hp) for the operation of any one machine provided that the space occupied by the manufacturing use permitted herein shall not exceed 50 percent of the total floor area of the permitted use and provided further that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes, and all activities shall be conducted totally within the same building.

52.

Service stations, gasoline, oil, greasing, and tuning, not including fender or body repairs, major mechanical, rear end, transmission, and engine overhaul. Car washing as a secondary use. No bay door or overhead door shall face any residential district when located less than 100 feet from any residential district.

53.

Showroom warehouse, subject to the following restrictions: All activities and storage shall be totally within an enclosed building; a maximum of 80 percent of the gross floor area of any unit or multiple unit facility shall be used for warehouse activity; no manufacturing fabrication or assembly operation shall be conducted in any part of any unit except for articles to be sold at retail on the premises providing that in such manufacture the total mechanical power shall not exceed five horse power (5 hp) for the operation of any one machine provided that the space occupied by the manufacturing use permitted herein shall not exceed 50 percent of the total floor area of the permitted use and provided further that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes, and all activities shall be conducted totally within the same building.

54.

Sporting goods including gun sales and repair.

55.

Studios for artists.

56.

Tailor, clothing or wearing apparel shops.

57.

Variety stores.

58.

Public, private, and parochial elementary and secondary schools whose curricula satisfy the requirements of the state public school laws and the requirements of the state board of education.

59.

Higher education institutions: Junior and senior colleges, universities, conservatories and seminaries, offering curricula recognized by collegiate, academic and professional organization accrediting boards.

60.

Religious institutions, churches and facilities for related activities including those of worship, fellowship and education.

61.

Radio, television, microwave broadcast, relay, transmission and retransmission facilities, satellite earth stations (home dish antennas) and any electronic emission equipment when operated in conformance with all Federal Communications Commission and other regulations, and provided the following additional conditions are met:

(1)

No satellite dish shall exceed two meters in diameter, and

(2)

No portion of any such dish or other equipment, in any position, shall exceed the specified height regulation of this zoning district, and

(3)

No portion of any ground-mounted antenna or other equipment, in any position, shall be less than five feet from any property line, utility easement, or building, and

(4)

No such dish or other antenna may be located in any required front yard or second front yard.

62.

Recreational vehicle park.

63.

Accessory buildings and uses customarily incident to any of the above uses including air conditioners, ice and refrigerating plants purely incidental to the main activity permitted on the premises. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building.

64.

Antennae and towers not exceeding the maximum height allowed in the district (see paragraph C.1 below), antennae attached to existing structures and not increasing the overall height of the existing structure by more than ten feet, and dish antennae not exceeding two meters in diameter. Except for satellite dish antennae, no antennae or support structure shall be located within the required front, side or rear yard setback. To protect traffic safety and community appearance, no satellite dish antennae or support structure shall be located within the required front [yard] or second front yard setback, unless the zoning board of adjustment finds that such an encroachment is necessary to prevent impairment of installation, maintenance or reception and that a traffic sight restriction is not created.

65.

Automobile, motorcycle, truck, and trailer sales, or rental areas. No more than two vehicles may be offered for sale except by an authorized motor vehicle dealer licensed or bonded by the Motor Vehicle Division of the Texas Department of Transportation. An existing business may offer up to two vehicles for sale provided that the premises contain an office that is occupied during regular business hours.

66.

Boat sales, service and repair.

67.

Automobile laundry and steam cleaning subject to the following restrictions:

a.

All automobile, laundry and steam cleaning uses shall be completely within a building having not less than two sides.

b.

Vacuuming facilities may be outside the building, but shall not be in the front yard and shall not be closer than 25 feet from "SF", "D", or "MF" districts.

c.

The building surfaces shall be faced with masonry porcelainized steel, baked enamel steel or other material equal in durability and appearance.

d.

The building shall not be less than 100 feet from "SF", "D", or "MF" districts.

e.

The building set back shall be not less than zero feet from the front property line.

f.

Any lights used to illuminate the area shall be directed away from adjacent residential properties.

68.

Mini-warehouse.

69.

Garages, public, for repairs or storage facilities for automobiles when such facilities and activities are maintained within a building, provided no painting or body or fender repairs shall be conducted on any premises. No bay door or overhead door shall face any residential district when located less than 100 feet from the residential district.

70.

Farm implement sales and service.

71.

Hotel, motel or motor hotel subject to the following restrictions:

a.

No building or outside activities or facilities including dumpsters, mechanical, storage or maintenance buildings or equipment, or recreation areas, except surface parking shall be less than 50 feet from any residential district.

b.

No building shall exceed two and one-half stories nor shall it exceed 35 feet within 100 feet of any residentially zoned property.

c.

Any external lighting shall be mounted and maintained in a manner to not illuminate any adjacent residential zoned property.

72.

Recreational vehicle storage.

73.

Skating rinks, ice and roller.

74.

Printing, lithographing, or duplicating shops.

75.

Golf courses, including miniature golf, and driving ranges and batting cages.

76.

Delicatessen shops.

77.

Photograph, portrait or camera shops and photo finishing.

b.

Conditional uses.

1.

Utility facilities.

2.

Antennae and towers exceeding the maximum height in the district and dish antennae exceeding two meters in diameter, in order to protect community appearance from the negative visual effects of proliferation of large antennae. Conditional use permits shall be acted upon within 90 days of receipt of application. Persons aggrieved by a decision on a satellite dish antenna application may appeal to the Federal Communications Commission. Any new towers must also comply with the conditions of section 90-16 M.

3.

Outdoor commercial amusement enterprise.

c.

Special exception uses.

1.

Special exception uses when authorized by the board of adjustment under the provision of section 90-19.

C.

Height and area regulations. In the "C" Commercial District, the height of the buildings, the minimum dimensions of lots and yards, the minimum lot area, and the minimum floor space per family shall be as follows:

1.

Height: No building hereafter erected, reconstructed, altered, or enlarged shall exceed three and one-half stories, nor shall it exceed 60 feet within 100 feet of a property line of "SF" zoned or "RE" zoned property. Any building in excess of 100 feet from these property lines shall not exceed three and one-half stories or 60 feet.

2.

Front yard: There shall be a front yard of not less than 25 feet, or the front yard indicated on a city-approved subdivision plat as filed in the Karnes County Plat Records, whichever is greater. Corner lots shall have a minimum side yard of 15 feet on the second front yard, the yard generally parallel to the street with the greatest frontage, unless reversed frontage is approved by the administrative official. If a building line shown on a city-approved subdivision plat as filed in the Karnes County Plat Records is greater than 15 feet, then the platted building line shall be required on the second front yard. Garage doors and gates meant for vehicle use shall be located no closer than 20 feet from the right-of-way.

3.

Rear yard: There shall be a rear yard having a depth of not less than 20 feet.

4.

Side yard: There shall be a minimum side yard of not less than five feet. Where a lot abuts upon the side of a residentially zoned lot, there shall be a side yard of not less than ten feet. In a unified commercial development, interior side yard setbacks may be waived upon approval of the planning and zoning commission at the time of platting or site plan approval.

5.

Width of lot: The width of a lot shall be a minimum of 70 feet at the building line, provided that where a lot of record and in separate ownership at the time of the passage of this chapter has less width than herein required, this chapter shall not prohibit its use for commercial purposes.

D.

Site plan requirements.

1.

Any owner, builder, or developer of a commercial complex shall submit to the planning and zoning commission the site and building plan for the proposed development for review. The contents of this site plan shall contain drawings to scale to indicate as needed:

a.

Location of all existing and proposed structures on the subject property and within 20 feet on adjoining property;

b.

Landscaping and/or fencing of yards and setback areas and proposed changes;

c.

Design of ingress and egress;

d.

Location of all driveways, interior streets, parking lots and alleys;

e.

Off-street parking and loading facilities;

f.

Location of water and sewer connections to city infrastructure;

g.

Height of all structures;

h.

Proposed uses; and

i.

Location, types and heights of all signs and lighting.

j.

Scale drawing with north arrow, all dimensions, all easements, the legal description and zoning of the subject property and all adjacent property, the names, addresses and phone numbers of the property owner, the applicant and the person preparing the site plan.

k.

Total land area, total building area and building to land ratio, the total floor area per dwelling unit, drainage information, existing and/or proposed fire hydrants, and provisions for external illumination and trash collection.

2.

The purpose of the site plan review is:

a.

To insure compliance with the zoning ordinance, while allowing for design flexibility;

b.

To assist in the orderly and harmonious development of the city;

c.

To protect adjacent uses from obstructions to light, air, and visibility;

d.

To provide protection from fire;

e.

To avoid undue concentrations of population and overcrowding of land; and

f.

To facilitate the adequate provision of transportation, water, sewage, drainage, garbage and other public requirements.

3.

The planning and zoning commission shall, after conducting a public hearing, approve an application for a commercial development if the proposed development meets all the minimum standards established in this chapter and other applicable ordinances, and if the commission finds that the proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property. The commission shall disapprove or conditionally approve any application, which fails to meet the above criteria or is in conflict with the comprehensive plan or the adopted growth policies of the city.

E.

Required conditions for recreational vehicle park. In addition to the other regulations of this chapter and other city ordinances, the additional following regulations govern the development of a recreational vehicle park, as previously defined.

1.

Park development requirements. Recreational vehicle parks shall be developed to conform to those requirements as herein delineated.

a.

The tract of land to be developed shall be a minimum of one and one-half acres.

b.

No minimum area is established for a recreational vehicle space except that utility hookups shall be located so that a ten-foot clearance shall be maintained between recreational vehicles (with slides extended) when parked.

c.

Not less than eight percent of the gross land area within the park site is to be utilized for common recreational purposes and services buildings.

d.

All interior streets and parking shall be constructed with either asphalt, pavement or concrete and shall be of the following minimum dimension:

e.

Parking facilities shall be provided at the park office as will accommodate five recreational vehicles.

f.

Each recreational vehicle space shall afford parking and maneuvering space sufficient so that the parking, loading, and the like, of recreational vehicles shall not necessitate the use of any public right-of-way or privately owned property which may abut the park.

g.

Each recreational vehicle space provided with electrical service shall be so served through an underground distribution system. The park office and service building may receive electrical service as provided through overhead facilities.

h.

Each recreational vehicle park shall provide, at minimum, one sanitary disposal site (dump station) which discharges into the city sewage system or a state approved septic system with provided written confirmation.

i.

All site-built structures located within the recreational vehicle park shall be constructed and placed in compliance with the technical codes of the city.

j.

All recreational vehicles shall be required to be mounted upon a permanent foundation system which shall be either a solid concrete or masonry foundation with a minimum size of nine feet by 20 feet.

k.

A screening device shall be placed on property boundary.

2.

Service building, laundry and sanitation facilities. Each recreation vehicle park shall provide one or more service buildings for the use of park patrons.

a.

The service building shall provide for:

1)

One flush toilet for women.

2)

One flush toilet for men.

3)

One lavatory for each sex.

3.

Service building requirements. Service buildings providing the forenamed facilities shall satisfy requirements as included:

a.

Service building housing sanitation or laundry facilities shall be permanent structures which comply with all applicable laws and ordinances regulating buildings, electrical installation, plumbing, and sanitation systems;

b.

Service buildings shall afford appropriate illumination, shall be well ventilated with screened openings, shall be constructed of moisture-proof materials, to include painted woodwork, and shall permit frequent clearing and washing. Floors shall be constructed of concrete or other equally impervious material, easily cleanable, and provided with floor drains which are connected to the sanitary system;

c.

The toilet and other sanitation facilities for males and females either shall be in separate buildings or shall be separated, if in the same building, by a soundproof wall;

d.

All service buildings and park grounds shall be maintained in a clean sightly condition and kept free of any condition that will make a menace to the health of any occupant or the public or constitute a nuisance; and

e.

Service buildings housing sanitation facilities shall be located not closer than 15 feet nor farther than 200 feet from any recreational vehicle space within the park;

F.

In the recreational vehicle parks, the following requirements shall apply for each RV space:

1.

Floor space: Recreational vehicles must have a minimum of 200 square feet of living area.

2.

Each residential recreational vehicle must be placed as indicated by a site plan approved by the administrative official.

3.

Front yard: There shall be a front yard setback for each space of 15 feet.

4.

Rear yard: There shall be a rear yard setback for each space of ten feet.

5.

Side yard: Corner lots having a side yard setback of ten feet on side yards adjacent to interior lots. Interior lots shall have a side yard set back of ten feet.

6.

Each RV space shall include a paved vehicle parking space which may be located within the side or front yard setback.

G.

District restrictions.

1.

Any lighting visible from outside the site shall be designed to reflect away from adjacent residential districts and shall not interfere with traffic safety. No noise, odor, or vibration shall be emitted such that it constitutes a nuisance by substantially exceeding the general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. Such comparisons shall be made at the boundaries of the site.

2.

Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by a fence, planting or other suitable visual barrier.