A.

Purpose. This is a special commercial zoning district reserved for downtown areas that provide the greatest number and mix of retail and commercial uses. This district is reserved for areas of adequate size and location so that its broad range of high intensity land uses will not cause or create nuisances to adjoining zoning districts. 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 "CBD" 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.

Any use permitted in the "C" Commercial District.

2.

Second story residences will be allowed in existing two story buildings provided that the entrance to the residence and parking for the residence be at the rear or side of the building.

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 "CBD" Commercial District, the height of the buildings, the minimum dimensions of lots and yards, the minimum floor space of buildings shall be as follows.

1.

Floor space: No limit on floor space for shops, stores, or businesses except as specified herein.

2.

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, "D" zoned, or "MF" zoned property. Any building in excess of 100 feet from these property lines shall not exceed three and one-half stories or 60 feet.

3.

Front yard: There shall be a front yard of not less than zero feet, or the front yard indicated on a city-approved subdivision plat as filed in the Karnes County Plat Records, whichever is greater. 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.

4.

Rear yard: There shall be a rear yard of not less than ten feet except where the "CBD" Commercial District abuts a residential district there shall be a rear yard of not less than 20 feet.

5.

Side yard: There shall be a minimum side yard of zero 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.

6.

Width of lot: The width of a lot shall be a minimum of 20 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 as herein required, this chapter shall not prohibit its use for commercial purposes.

D.

District restrictions.

1.

Landscaping and bufferyards shall be provided as determined by the planning and zoning commission.

2.

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.

3.

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.