Kerrville City Zoning Code
ARTICLE VIII
ZONING DISTRICTS
Sec. 60-50.- Residential zoning districts.
(a)
Residential estate district (RE). Property located in a residential estate zoning district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The purpose of the R-E district is to preserve the opportunity for the development of single-family detached homes in a large-lot, semi-rural setting.
(2)
Uses. In general, single-family detached dwellings, lawful accessory structures, home occupations meeting the requirements of this zoning code, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed within an RE district.
(3)
Building regulations. No more than one main building may be constructed on a lot within the RE district. Exceptions include a detached garage, servant or guest quarters, or lawful accessory structure as defined herein.
(4)
Area and height regulations. No building shall be constructed in the RE district except in conformance with the following requirements:
(5)
Access to arterial street prohibited. No lot shall be platted with direct access to an arterial street except where limited access is permitted by the subdivision code.
(6)
Exceptions to required setbacks. All floors of all buildings at grade level and above shall comply with all setback requirements, except that:
a.
Application to ground floors: cornices, eaves, belt courses, sills, canopies, box windows, or other similar architectural features may extend a distance not to exceed two feet into any required setback.
b.
Application to upper floors: the upper floors of a multi-story building shall comply with all setback requirements provided an uncovered deck, upper floor balcony which is open on no less than two sides with walls not higher than three feet from an adjacent finished floor level, chimney, or similar architectural features may extend three feet into the required setback.
(7)
Accessory buildings or structures prohibited in setback.
a.
No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
b.
Satellite dishes may extend into the required side or rear setback to within three feet of the property line, but may not extend into the front setback or be located between the front wall of the main building and the front property line, or in any side yard adjacent to a street.
c.
An accessory building or structure, including, but not limited to, a detached carport or garage, with a floor area not exceeding 1,000 square feet and not exceeding 15 feet in height, may extend into the required side or rear setback, but in no case shall be located closer than five feet from any property line.
d.
The total square footage of all accessory buildings or structures on a lot shall not exceed 50 percent of the rear yard area, defined as the space bounded by the side property lines, the rear wall of the main building, and the rear property line.
(b)
Single-family residential district (R-1). Property located in a(n) single-family residential district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The purpose of the R-1 district is to:
a.
Encourage the development of primarily single-family detached homes; and
b.
Protect developed and vacant properties that are determined to be appropriate for such homes from uses that will produce inappropriate levels of traffic, noise, and pollutants, and other conditions not conducive to a residential environment.
(2)
Uses. In general, single-family detached dwellings, lawful accessory structures, home occupations meeting the requirements of this zoning code, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table for a specific list of uses allowed within an R-1 district.
(3)
Building regulations. No more than one main building may be constructed on a lot in an R-1 district. Exceptions include a detached garage, servant or guest quarters, or lawful accessory structure as defined herein.
(4)
Area and height regulations. No building shall be constructed in the R-1 district except in conformance with the following requirements:
(5)
Access to arterial or collector street prohibited. No lot shall be platted with direct access to a collector or arterial street except where limited access is permitted by the subdivision code.
(6)
Exceptions to required setbacks. All floors of all buildings at grade level and above shall comply with all setback requirements, except that:
a.
Application to ground floors: cornices, eaves, belt courses, sills, canopies, box windows, or other similar architectural features may extend a distance not to exceed two feet into any required setback.
b.
Application to upper floors: the upper floors of a multi-story building shall comply with all setback requirements provided an uncovered deck, upper floor balcony which is open on no less than two sides with walls not higher than three feet from an adjacent finished floor level, chimney, or similar architectural features may extend three feet into the required setback.
(7)
Accessory buildings or structures prohibited in setback.
a.
No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
b.
Satellite dishes may extend into the required side or rear setback to within three feet of the property line, but may not extend into the front setback or be located between the front wall of the building and the front property line, or in any side yard adjacent to a street.
c.
An accessory building or structure, including, but not limited to, a detached carport or garage, with a floor area not exceeding 1,000 square feet and not exceeding 15 feet in height, may extend into the required side or rear setback, but in no case shall be located closer than five feet from any property line.
d.
The total square footage of all accessory buildings or structures on a lot shall not exceed 50 percent of the rear yard area, defined as the space bounded by the side property lines, the rear wall of the main building, and the rear property line.
(c)
Single-family residential district with accessory dwelling unit (R-1A). Property located in a(n) single-family residential district with accessory dwelling unit shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The R-1A district is similar to the R-1 district, allowing for single-family detached homes, but also permitting an accessory dwelling unit in addition to the primary residence. The accessory dwelling unit may be located within the main building or in a detached structure on the same lot as the main building. The R-1A district regulations are intended to:
a.
Encourage the continuation of residential uses in older neighborhoods near the downtown area;
b.
Incentivize home ownership and property improvement by encouraging an owner to invest in an older home with the potential for producing income from the investment;
c.
Increase the supply of housing, possibly at more affordable rental rates, and situated in a traditional neighborhood environment; and
d.
Increase the number of residents, and thus the potential customer base, close to the downtown area.
(2)
Uses. In general, single-family detached dwellings, no more than one accessory dwelling unit within the main building or in a detached building, lawful accessory structures as defined herein, home occupations meeting the requirements of this zoning code, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the R-1A district.
(3)
Building regulations. No more than one main building may be constructed on a lot in the R-1A district. Exceptions include a detached garage, servant or guest quarters, detached structure containing an accessory dwelling unit, or other lawful accessory structure.
(4)
Area and height regulations. No building shall be constructed in the R-1A district except in conformance with the following requirements:
(5)
Access to arterial or collector street prohibited. No lot shall be platted with direct access to a collector or arterial street except where limited access is permitted by the subdivision code.
(6)
Exceptions to required setbacks. All floors of all buildings at grade level and above shall comply with all setback requirements, except that:
a.
Application to ground floors: cornices, eaves, belt courses, sills, canopies, box windows, or other similar architectural features may extend a distance not to exceed two feet into any required setback.
b.
Application to upper floors: the upper floors of a multi-story building shall comply with all setback requirements provided an uncovered deck, upper floor balcony which is open on no less than two sides with walls not higher than three feet from an adjacent finished floor level, chimney, or similar architectural features may extend three feet into the required setback.
(7)
Accessory buildings or structures prohibited in setback.
a.
No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
b.
Satellite dishes may extend into the required side or rear setback to within three feet of the property line, but may not extend into the front setback or be located between the front wall of the building and the front property line, or in any side yard adjacent to a street.
c.
An accessory building or structure, including, but not limited to, a detached carport or garage, with a floor area not exceeding 1,000 square feet and not exceeding 15 feet in height, may extend into the required side or rear setback, but in no case shall be located closer than five feet from any property line.
d.
The total square footage of all accessory buildings or structures on a lot shall not exceed 50 percent of the rear yard area, defined as the space bounded by the side property lines, the rear wall of the main building, and the rear property line.
(d)
Medium density residential district (R-2). Property located in a(n) R-2 district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The R-2 district is designed to provide for a variety of housing options, such as patio homes, townhomes, and duplexes in addition to single-family detached homes either: (i) as stand-alone housing types; or, (ii) if properly planned, in a development that features a denser mix of housing types compared to other single-family neighborhoods, subject to the use of proper buffering, transition, and design measures to ensure better compatibility.
In an R-2 district, homes may also be arranged into clusters to create unique neighborhoods, when (i) the topography does not reasonably allow development of the entire tract; or, (ii) preservation of important open space, views, critical environmental features, (including significant trees, or recreational areas, is desired.
(2)
Uses. In general, single-family detached homes, patio homes, townhomes, duplexes, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the R-2 district.
(3)
Building regulations. No more than one main building may be constructed on a lot in the R-2 district. Exceptions include one detached garage, servant or guest quarters, or allowable accessory building per dwelling unit per single-family or duplex dwelling.
(4)
Area and height regulations. No building shall be constructed in the R-2 district except in conformance with the following requirements:
N/A = Not applicable (no specific requirement applies)
(5)
Access to arterial or collector street prohibited. No lot shall be platted with direct access to a collector or arterial street except where limited access is permitted by the subdivision code.
(6)
Rear or alley access required for certain lots. For a lot with a width of less than 45 feet, rear or alley driveway access shall be required in order to maintain sufficient area for viable on-street parking.
(7)
Consistent block face:
a.
In the R-2 district, no more than one type of housing shall be developed on the same street between intersecting streets on the same block.
b.
Notwithstanding subsection (a), above, no more than one type of housing may be developed on loop streets or cul-de-sacs.
(8)
Exceptions to required setbacks. All floors of all buildings at grade level and above shall comply with all setback requirements, except that:
a.
Application to ground floors: cornices, eaves, belt courses, sills, canopies, box windows, or other similar architectural features may extend a distance not to exceed two feet into any required setback.
b.
Application to upper floors: the upper floors of a multi-story building shall comply with all setback requirements provided an uncovered deck, upper floor balcony which is open on no less than two sides with walls not higher than three feet from an adjacent finished floor level, chimney, or similar architectural features may extend three feet into the required setback.
(9)
Accessory buildings or structures prohibited in setback.
a.
No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
b.
Satellite dishes may extend into the required side or rear setback to within three feet of the property line, but may not extend into the required front setback or be located between the front wall of the main building and the front property line, or in any side yard adjacent to a street.
c.
An accessory building or structure, including, but not limited to, a detached carport or garage, with a floor area not exceeding 1,000 square feet and not exceeding 15 feet in height, may extend into the required side or rear setback, but in no case shall be located closer than five feet from any property line.
d.
The total square footage of all accessory buildings or structures on a lot shall not exceed 50 percent of the rear yard area, defined as the space bounded by the side property lines, the rear wall of the main building, and the rear property line.
e.
Accessory buildings shall be prohibited on lots containing small-lot single-family dwellings, patio homes, or townhomes.
(e)
Multifamily residential district (R-3). Property located in a(n) R-3 district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The R-3 district allows the development of multiple apartments or condominiums on a single lot. Property zoned R-3 should have direct access to and/or frontage on a major arterial or collector street. Development in the R-3 district may provide a suitable transition between lower density residential uses and higher-intensity commercial areas.
(2)
Uses. In general, apartments and condominiums, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the R-3 district.
(3)
Building regulations. For multifamily uses (apartments or condominiums), there may be more than one building on a single lot in addition to lawful accessory buildings and structures.
(4)
Area and height regulations. No building shall be constructed in the R-3 district except in conformance with the following requirements. "Residential zoning district," as referenced in the regulations below, shall have the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(5)
Access to arterial or collector street. Primary access for a lot platted for multifamily development shall be provided from one or more collector or arterial streets and shall not be provided by a local residential street.
(6)
Exceptions to required setbacks. All floors of all buildings at grade level and above shall comply with all setback requirements, except that:
a.
Application to ground floors: cornices, eaves, belt courses, sills, canopies, box windows, or other similar architectural features may extend a distance not to exceed two feet into any required setback.
b.
Application to upper floors: the upper floors of a multi-story building shall comply with all setback requirements provided an uncovered deck, upper floor balcony which is open on at least two sides with walls not higher than three feet from an adjacent finished floor level, chimney, or similar architectural features may extend three feet into the required setback.
(7)
Accessory buildings or structures prohibited in setback.
a.
No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
b.
Satellite dishes may extend into the required side or rear setback to within three feet of the property line, but may not extend into the required front setback or be located between the front wall of any building facing a street and the front property line, or in any side yard adjacent to a street.
c.
An accessory building or structure, including, but not limited to, a detached carport or garage, with a floor area not exceeding 1,000 square feet and not exceeding 15 feet in height, may extend into the required side or rear setback, but in no case shall be located closer than five feet from any property line.
d.
The total square footage of all accessory buildings or structures on a lot shall not exceed 50 percent of the rear yard area, defined as the space bounded by the side property lines, the rear wall of the main building, and the rear property line.
(8)
Development regulations for accessory uses. Accessory uses such as a clubhouse, laundry room, leasing office, or similar, when located on property zoned R-3 and serving the multifamily uses thereon, shall be developed in accordance with the following additional regulations:
a.
Building area: the gross floor area of a building used for accessory activities for an apartment development may not exceed 3,000 square feet;
b.
Building appearance: the building containing the accessory use shall be designed to appear as a residence.
(9)
Screening. Where property zoned R-3 is adjacent to a residential zoning district as described in subsection (e)(4) above and not separated by a public street, the R-3 property shall construct and maintain a screening wall or fence along the common property line between the R-3 property and the less intense residential use.
(f)
Residential mix district (RM). Property located in a(n) RM district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The RM district broadens the range of available housing types by allowing all uses permitted in an R-2 district in addition to subdivisions and rental communities that include manufactured housing, provided such developments comply with the special requirements for such uses as specified in this zoning code, such as limitations on recreational vehicle storage and requirements for a roadway system, open space, buffering/screening, and skirting.
(2)
Uses. In general, single-family detached homes, patio homes, townhomes, duplexes, manufactured homes, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the RM district.
(3)
Building regulations. No more than one main building may be located on a lot in the RM district. Exceptions include a detached garage, servant or guest quarters, or lawful accessory structure as defined herein on a lot with a single-family or duplex dwelling.
(4)
Area and height regulations. No building shall be constructed in the RM district except in conformance with the following requirements. "Residential zoning district," as referenced in the regulations below, has the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(5)
Access to arterial or collector street prohibited for some uses. No property in the RM district which is developed for uses other than a manufactured housing rental community (MHRC) or a manufactured housing subdivision (MHS) shall be platted with direct access to a collector or arterial street, except where limited access is permitted by the subdivision code.
(6)
Rear or alley access required for certain lots. For a lot with a width of less than 45 feet, rear or alley driveway access shall be required in order to maintain sufficient area for viable on-street parking.
(7)
Consistent block face. A site plan for property zoned RM shall provide that no more than one type of housing shall be developed on the same street between intersecting streets on the same block, except where it can be demonstrated that terrain, the construction of an appropriate buffer, or open areas create a condition in which a mix of housing on the same street will be compatible.
(8)
Exceptions to required setbacks. All floors of all buildings at grade level and above shall comply with all setback requirements, except that:
a.
Application to ground floors: cornices, eaves, belt courses, sills, canopies, box windows, or other similar architectural features may extend a distance not to exceed two feet into any required setback.
b.
Application to upper floors: the upper floors of a multi-story building shall comply with all setback requirements provided an uncovered deck, upper floor balcony which is open on no less than two sides with walls not higher than three feet from an adjacent finished floor level, chimney, or similar architectural features may extend three feet into the required setback.
(9)
Accessory buildings or structures prohibited in setback.
a.
No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
b.
Satellite dishes may extend into the required side or rear setback to within three feet of the property line, but may not extend into the required front setback or be located between the front wall of the main building and the front property line, or in any side yard adjacent to a street.
c.
An accessory building or structure, including, but not limited to, a detached carport or garage, with a floor area not exceeding 1,000 square feet and not exceeding 15 feet in height, may extend into the required side or rear setback, but in no case shall be located closer than five feet from any property line.
d.
The total square footage of all accessory buildings or structures on a lot shall not exceed 50 percent of the rear yard area, defined as the space bounded by the side property lines, the rear wall of the main building, and the rear property line.
e.
Accessory buildings shall be prohibited on lots containing small-lot single-family dwellings, patio homes, or townhomes.
(g)
Residential transition district (RT). Property located in a(n) RT district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The RT district is designed to be a transition zone between single-family residential areas and commercial properties in certain areas of the city. Because of development regulations requiring the appearance of a business located in an RT district to be that of a single-family residence, this district is appropriate in particular areas of the city where some lots are occupied by single-family houses, but where limited business uses may be suitable under certain conditions and with specific compatibility measures.
(2)
Uses. In general, single-family detached homes, limited/small-scale business uses subject to specific standards, certain public and institutional uses, and activities allowed with the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the RT district.
(3)
Building regulations. No more than one main building may be constructed on a lot in the R-T district. Exceptions include a detached garage, servant or guest quarters, or lawful accessory structure per dwelling unit as defined herein.
(4)
Area and height regulations. No building shall be constructed in the RT district except in conformance with the following requirements:
(5)
Access to arterial or collector street prohibited. No lot shall be platted with direct access to a collector or arterial street except where limited access is permitted by the subdivision code.
(6)
Exceptions to required setbacks. All floors of all buildings at grade level and above shall comply with all setback requirements, except that:
a.
Application to ground floors: cornices, eaves, belt courses, sills, canopies, box windows, or other similar architectural features may extend a distance not to exceed two feet into any required setback.
b.
Application to upper floors: The upper floors of a multi-story building shall comply with all setback requirements provided an uncovered deck, upper floor balcony which is open on no less than two sides with walls not higher than three feet from an adjacent finished floor level, chimney, or similar architectural features may extend three feet into the required setback.
(7)
Accessory buildings or structures prohibited in setback.
a.
No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
b.
Satellite dishes may extend into the required side or rear setback to within three feet of the property line, but may not extend into the required front setback or be located between the front wall of the building and the front property line, or in any side yard adjacent to a street.
c.
An accessory building or structure, including, but not limited to, a detached carport or garage, with a floor area not exceeding 1,000 square feet and not exceeding 15 feet in height, may extend into the required side or rear setback, but in no case shall be located closer than five feet from any property line.
d.
The total square footage of all accessory buildings or structures on a lot shall not exceed 50 percent of the rear yard area, defined as the space bounded by the side property lines, the rear wall of the main building, and the rear property line.
(Ord. No. 2019-17, § 2, 8-27-2019; Ord. No. 2020-18, § 1, 10-13-2020; Ord. No. 2023-12, § 2, 8-22-2023)
Sec. 60-51. - Nonresidential zoning districts.
(a)
Neighborhood commercial district (C-1). Property located in a(n) C-1 district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. Land zoned as a C-1 district allows the offering of goods and services of a limited, low-intensity nature to both individuals and businesses. These activities, which include shopping for daily needs and professional services, are typically:
a.
Provided in an office setting;
b.
Sought on a frequent or recurring basis; and
c.
Tend to be located in small buildings, with one or only a few businesses, and on small lots.
C-1 zoning should be located along or at the intersection(s) of arterials and collector streets to provide access to customers and to accommodate the traffic associated with these uses. If properly designed, development and uses in the C-1 district can buffer residential areas from higher-volume roadways or more intense nonresidential uses.
(2)
Uses. Neighborhood-oriented retail, business and personal service, banks and financial institutions, and office uses such as barber and beauty shops, grocery stores, restaurants, and clothing stores in buildings of a limited size, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the C-1 district.
(3)
Building and area regulations. No building shall be constructed in the C-1 district except in conformance with the following requirements.
"Residential zoning district" as referenced in the regulations below shall have the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(4)
Structures prohibited in setback. No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
(5)
Outdoor storage.
a.
The outdoor storage of goods, wares, and merchandise is prohibited except as specifically authorized herein.
b.
No materials, supplies, inventory, or equipment may be kept or stored:
1.
Within any required front, side, or rear setback, or between the front building wall and the front property line, or between the side building wall and the street on a corner lot, unless:
i.
Placed in an area that does not extend more than ten feet from the building face on which the main customer entrance is located; and
ii.
The items being stored do not exceed four feet in total height as stored or displayed, except as authorized in subsection c below.
2.
Within any required parking spaces, fire lanes, circulation aisles, or customer pick-up lanes;
3.
Within any area that creates a visibility obstruction or otherwise interferes with pedestrian or vehicular circulation; and
4.
On any roof structure.
c.
The above prohibition shall not be construed to prohibit the following:
1.
A maximum of three merchandise dispensing units per establishment when such merchandise dispensing units are operated in connection with the operation of a convenience store; or
2.
The placement of newspaper racks.
d.
No shipping container as defined herein shall be located on any property zoned C-1 for the purpose of providing outdoor storage.
(6)
Screening adjacent to residential zoning.
a.
The owner or developer of property zoned C-1 shall construct and maintain a screening wall or fence along the border of the property when:
1.
Adjacent to property located in a residential zoning district as described in subsection (a)(3) above and not separated by a public street; or
2.
The building or storage area on the property is newly built, constructed, or expanded.
b.
The required screening wall or fence shall be constructed as follows:
1.
The wall or fence shall be at least six feet, and no more than eight feet in height and constructed of one, or a combination, of the following materials:
i.
Solid masonry materials similar in color and design to the main building, or a solid fence constructed of weather-resistant wood fencing materials; or
ii.
Chain link or ornamental fencing behind an irrigated landscape screen constructed of materials chosen from the Preferred Plant List, spaced to create a solid screen a minimum of six feet (6.0') in height within one year of installation, said screen to be maintained by the property owner in a healthy, growing condition.
2.
The height of the wall or fence shall be measured from the highest established grade along the common property line.
3.
Landscaping may be used in combination with any of the above screening and fencing techniques.
4.
In no case shall chain link fencing with metal slats be an acceptable method of screening, with or without a landscape screen.
5.
A required screening wall or fence shall test plumb and square at all times unless otherwise dictated by the building code.
(7)
Alternate screening permitted. An applicant may make application to the planning and zoning commission to use alternate screening methods which may include use of existing natural terrain and/or landscaping or installation of new landscaping and terrain features. The commission may approve, disapprove, or approve with modifications, the proposal presented by the applicant. In the event of disapproval, the applicant may appeal to city council by requesting such appeal in writing not later than five days following the date of the action of the commission.
(b)
Light commercial district (C-2). Property located in a(n) C-2 district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The C-2 district accommodates a wider array of retail, office, and service uses than property zoned C-1, and will therefore attract customers from across the community and in the area outside the city. Lots on property zoned C-2 may be somewhat larger than those in the C-1 district and buildings may be up to 100,000 square feet in size. This zoning category should be applied along major collectors or arterials to provide convenient access to patrons and to accommodate higher traffic volumes.
(2)
Uses. Neighborhood-oriented retail, office and service uses allowed in C-1 zoning, low-intensity automobile uses such as parts sales, gasoline sales, car washes, and minor service and repair, restaurants, including those with drive-thru service, microbreweries and wineries, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the C-2 district.
(3)
Building and area regulations. No building shall be constructed in a C-2 district except in conformance with the following requirements.
"Residential zoning district" as referenced in the regulations below shall have the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(4)
Structures prohibited in setback. No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
(5)
Outdoor storage.
a.
Outdoor storage shall be permitted in the C-2 district subject to the requirements herein.
b.
No materials, supplies, inventory, or and equipment may be kept or stored:
1.
Within any required parking spaces, fire lanes, circulation aisles, or customer pick-up lanes;
2.
Within any area that creates a visibility obstruction or otherwise interferes with pedestrian or vehicular circulation;
3.
On any roof structure.
c.
Notwithstanding anything to the contrary in paragraphs (a) and (b) above, self-propelled vehicles used by the owner or lessee of the property in the operation of the business located on the property, may be stored outdoors, provided such vehicles are not made available for retail or wholesale purchase by said owner or lessee.
d.
The above prohibition shall not be construed to prohibit the following:
1.
The storage, display, and sale of Christmas trees for the period between November 5 and December 31 of each year;
2.
A maximum of three merchandise dispensing units per establishment when such merchandise dispensing units are operated in connection with the operation of a convenience store; and
3.
The placement of newspaper racks.
e.
No shipping container as defined herein shall be located on any property zoned C-2 for the purpose of providing outdoor storage.
(6)
Screening adjacent to residential zoning.
a.
The owner or developer of property zoned C-2 shall construct and maintain a screening wall or fence along the border of the property when:
1.
district as described in subsection (b)(3) above and not separated by a public street; or
2.
The building or storage area on the property is newly built, constructed, or expanded.
b.
The required screening wall or fence shall be constructed as follows:
1.
The wall or fence shall be at least six feet, and no more than eight feet, in height, and constructed of one, or a combination, of the following materials:
i.
Solid masonry materials similar in color and design to the main building, or a solid fence constructed of weather-resistant wood fencing materials; or
ii.
Chain link or ornamental fencing, behind an irrigated landscape screen constructed of materials chosen from the Preferred Plant List, spaced to create a solid screen a minimum of six feet in height within one year of installation, said screen to be maintained by the property owner in a healthy, growing condition.
2.
The height of the wall or fence shall be measured from the highest established grade along the common property line.
3.
Landscaping may be used in combination with any of the above screening and fencing techniques.
i.
In no case shall chain link fencing with metal slats be an acceptable method of screening, with or without a landscape screen.
ii.
A required screening wall or fence shall test plumb and square at all times unless otherwise dictated by the building code.
(7)
Alternate screening permitted. A applicant may make application to the planning and zoning commission to use alternate screening methods which may include use of existing natural terrain and/or landscaping or installation of new landscaping and terrain features. The commission may approve, disapprove, or approve with modifications, the proposal presented by the applicant. In the event of disapproval, the applicant may appeal to city council by requesting such appeal in writing not later than five days following the date of the action of the commission.
(c)
General commercial district (C-3). Property located in a(n) C-3 district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The C-3 district is designed to accommodate:
a.
Retail, service, and office uses;
b.
Activities of an entertainment, recreation, or tourism nature; and
c.
Heavier motor vehicle-related uses and other more intense businesses.
Properties zoned C-3 should be located along major transportation corridors. The variety and cumulative nature of the list of C-3 uses reflects the high traffic volumes and visibility of the transportation facilities serving these locations, and thus the potential for these properties to attract customers from a broader region than the C-1 and C-2 districts might, including drawing from areas outside of the city and county.
(2)
Uses. Neighborhood-oriented uses allowed in C-1 zoning, light commercial uses permitted in C-2 zoning, plus community-oriented and regional retail and service uses, such as hotels and motels, home improvement centers, mini-storage, heavier automobile uses including dealerships and major service and repair, most building contractor activities, and movie theaters in buildings that may exceed 100,000 square feet in size, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table for a specific list of uses allowed in the C-3 district.
(3)
Building and area regulations. No building shall be constructed in a C-3 district except in conformance with the following requirements.
"Residential zoning district" as referenced in the regulations below shall have the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(4)
Structures prohibited in setback. No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction or, otherwise interfere with pedestrian or vehicular circulation.
(5)
Outdoor storage.
a.
Outdoor storage shall be permitted in the C-3 district subject to the requirements herein.
b.
No materials, supplies, inventory, or equipment may be kept or stored:
1.
Within any required parking spaces, fire lanes, circulation aisles, or customer pick-up lanes;
2.
Within any area that creates a visibility obstruction or otherwise interferes with pedestrian or vehicular circulation; or
3.
On any roof structure.
c.
Notwithstanding anything to the contrary in paragraphs (a) and (b) above, self-propelled vehicles used by the owner or lessee of the property in the operation of the business located on the property, may be stored outdoors, provided such vehicles are not made available for retail or wholesale purchase by said owner or lessee.
d.
The above prohibition shall not be construed to prohibit the following:
1.
The storage, display, and sale of Christmas trees for the period between November 5 and December 31 of each year;
2.
A maximum of three merchandise dispensing units per establishment when such merchandise dispensing units are operated in connection with the operation of a convenience store;
3.
The placement of newspaper racks.
e.
Notwithstanding anything to the contrary in paragraphs (a) through (d), above, no screening shall be required of new and used motor vehicles that constitute inventory on property used for automobile dealerships, automobile leasing and rental facilities, or for rental trucks and trailers at heavy equipment rental facilities as defined herein.
f.
No shipping container as defined herein shall be located on any property zoned C-3 for the purpose of providing outdoor storage.
(6)
Screening adjacent to residential zoning.
a.
The owner or developer of property zoned C-3 shall construct and maintain a screening wall or fence along the border of the property when:
1.
Adjacent to property located in a residential zoning district as described in subsection (c)(3) above and not separated by a public street; or
2.
The building or storage area on the property is newly built, constructed, or expanded.
b.
The required screening wall or fence shall be constructed as follows:
1.
The wall or fence shall be at least six feet, and no more than eight feet, in height, and constructed of one, or a combination, of the following materials:
i.
Solid masonry materials similar in color and design to the main building, or a solid fence constructed of weather-resistant wood fencing materials; or
ii.
Chain link or ornamental fencing behind an irrigated landscape screen constructed of materials chosen from the Preferred Plant List, spaced to create a solid screen a minimum of six feet in height within one year of installation, said screen to be maintained by the property owner in a healthy, growing condition.
2.
The height of the wall or fence shall be measured from the highest established grade along the common property line.
3.
Landscaping may be used in combination with any of the above screening and fencing techniques.
4.
In no case shall chain link fencing with metal slats be an acceptable method of screening, with or without a landscape screen.
5.
A required screening wall or fence shall test plumb and square at all times unless otherwise dictated by the building code.
(7)
Alternate screening permitted. For either the screening of outdoor storage or the screening of residential property, an applicant may make application to the commission to use alternate screening methods which may include, but not be limited to, use of existing natural terrain and/or landscaping, or installation of new landscaping and terrain features. The commission may approve, disapprove, or approve with modifications, the proposal presented by the applicant. In the event of disapproval, the applicant may appeal to the city council by requesting such appeal in writing not later than five days following the date of the action of the commission.
(d)
Industrial and manufacturing district (IM). Property located in a(n) IM district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The purpose of the IM district is to provide locations for more intensive commercial and light industrial business activities, such as manufacturing, assembly, processing, fabrication, wholesaling, distribution, and warehousing; as well as research and development laboratories, limited building contracting businesses, heavier motor vehicle-related uses than those in the C-3 district, household equipment repair, and other similar, more intense uses. Open storage may be permitted in conjunction with some of these businesses when screened from public view. Convenient access to arterials and collector streets is a primary consideration for these uses, the operational characteristics of which are generally not compatible with residential areas.
(2)
Uses. Light industrial and manufacturing activities, such as fabrication, assembly, warehousing, distribution, and showrooms, as well as a number of activities of a commercial nature that are compatible with industrial and manufacturing uses, in addition to certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the IM district.
(3)
Building and area regulations. No building shall be constructed in an IM district except in conformance with the following requirements.
"Residential zoning district" as referenced in the regulations below shall have the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(4)
Location of structures beyond setback. No structure in excess of 30 inches in height may exist between the front wall of any building and the front property line, except that ornamental fencing up to six feet in height is permitted. Ornamental fencing does not include chain link fencing, which is prohibited. No element of the fence may create a visibility obstruction or otherwise interfere with pedestrian or vehicular circulation.
(5)
Outdoor storage.
a.
Outdoor storage shall be permitted in the IM district subject to the requirements herein.
b.
No materials, supplies, inventory, or equipment may be kept or stored:
1.
Within any required parking spaces, fire lanes, circulation aisles, or customer pick-up lanes; and
2.
Within any area that creates a visibility obstruction or otherwise interferes with pedestrian or vehicular circulation;
3.
On any roof structure.
c.
Notwithstanding anything to the contrary in paragraphs (a) and (b) above, self-propelled vehicles used by the owner or lessee of the property in the operation of the business located on the property, may be stored outdoors, provided such vehicles are not made available for retail or wholesale purchase by said owner or lessee.
d.
The above prohibition shall not be construed to prohibit the following:
1.
The storage, display, and sale of Christmas trees for the period between November 5 and December 31 of each year;
2.
A maximum of three merchandise dispensing units per establishment when such merchandise dispensing units are operated in connection with the operation of a convenience store; or
3.
The placement of newspaper racks.
e.
Notwithstanding anything to the contrary in paragraphs (a) through (d), above, no screening shall be required of new and used motor vehicles that constitute inventory on property used for automobile dealerships, automobile leasing and rental facilities, or for rental trucks and trailers at heavy equipment rental facilities as defined herein.
f.
Shipping containers as defined herein may be located on property zoned IM for the purpose of providing outdoor storage subject to the following conditions:
1.
No container shall be located in any required setback or between the front wall of the building being served and the front property line, or between the side building wall and the street on a corner lot; and
2.
The container shall be painted to match the color of the building for which the storage is being provided.
(6)
Screening requirements adjacent to residential zoning.
a.
The owner or developer of property zoned IM shall construct and maintain a screening wall or fence along the border of the property when:
1.
Adjacent to property in a residential zoning district as described in subsection (d)(3) above and not separated by a public street; or
2.
The building or storage area on the property is newly built, constructed, or expanded.
b.
The required screening wall or fence shall be constructed as follows:
1.
The wall or fence shall be eight feet (8.0'), in height, and constructed of one, or a combination, of the following materials:
i.
Solid masonry materials similar in color and design to the main building, or a solid fence constructed of weather-resistant wood fencing materials; or
ii.
Chain link or ornamental fencing behind an irrigated landscape screen constructed of materials chosen from the Preferred Plant List, spaced to create a solid screen a minimum of six feet in height within one year of installation, said screen to be maintained by the property owner in a healthy, growing condition.
2.
The height of the wall or fence shall be measured from the highest established grade along the common property line.
3.
Landscaping may be used in combination with any of the above screening and fencing techniques.
4.
In no case shall chain link fencing with metal slats be an acceptable method of screening, with or without a landscape screen.
5.
A required screening wall or fence shall test plumb and square at all times unless otherwise dictated by the building code.
(7)
Alternate screening permitted. For either the screening of outdoor storage or the screening of residential property, a applicant may make application to the commission to use alternate screening methods which may include, but not be limited to, use of existing natural terrain and/or landscaping, or installation of new landscaping and terrain features. The commission may approve, disapprove, or approve with modifications, the proposal presented by the applicant. In the event of disapproval, the applicant may appeal to the city council by requesting such appeal in writing not later than five days following the date of the action of the commission.
(Ord. No. 2019-17, § 2, 8-27-2019; Ord. No. 2020-18, § 1, 10-13-2020; Ord. No. 2023-12, § 2, 8-22-2023)
Sec. 60-52. - Special districts.
(a)
Downtown arts and cultural district (DAC). Property located in a(n) DAC district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The goal of the DAC district is to provide for a pedestrian-oriented center for business, government, culture, and entertainment, supported by residential, retail, and restaurant uses, all of which combine to create a vibrant downtown environment in the city's historic business district. Development in this district will be denser than in other parts of the city because of minimal building setback requirements, special parking standards, and allowances for the use of public sidewalks for outdoor dining, streetscape improvements, and other pedestrian-oriented amenities. The goal of the DAC district is to complement and preserve the culture, heritage, and small-town character of the city's downtown area and to promote downtown as a center for the arts. The selection of permitted uses for the district is designed to allow an appropriate transition from the more commercial-oriented uses in the core of the district to the residential uses in the surrounding area. Protection of the integrity of the Guadalupe River, but better recognition of this important community asset, is also a goal of the DAC district.
(2)
Uses. Generally, a combination of residential and nonresidential uses, including retail, business and personal services, restaurants, offices, home occupations meeting the requirements of this zoning code, townhomes, multifamily residences, live/work units, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table, for a specific list of uses allowed in the DAC district.
(3)
Building and area regulations. No building shall be constructed in the DAC district except in conformance with the following requirements, which allow the combination of residential and nonresidential uses in a single building.
N/A = Not applicable (no specific requirement applies)
(4)
Overlay district design guidelines. All new construction or modifications to existing buildings is encouraged to follow the downtown arts and culture overlay district design guidelines and/or the Guadalupe River overlay district design guidelines, as applicable.
(5)
Right-of-way encroachments. All floors of all buildings at grade level and above shall comply with all setback requirements, except that:
a.
Floors at grade. Streetscape elements such as planters, window boxes, street furniture, patio dining areas, and similar pedestrian amenities may be located within the public sidewalk area provided that five feet of unobstructed sidewalk remains.
b.
Upper floors. An uncovered deck, balcony which is open on no less than two sides with walls not higher than three feet from an adjacent finished floor level, chimney, or similar architectural features on the upper floors of a multi-story building may extend three feet into the right-of-way above a public sidewalk provided a minimum clearance of eight feet is maintained between the lowest portion of the architectural feature and the ground below and provided that state right-of-way requirements are met.
(6)
Structures prohibited in setback. No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
(7)
Outdoor storage and display.
a.
Outdoor storage and display shall be permitted in the DAC district subject to the following requirements:
1.
Five feet of unobstructed sidewalk is maintained outside of the display area.
2.
The storage or display does not interfere with any required parking spaces, fire lanes, circulation aisles, or customer pick-up lanes; and
3.
The items stored or displayed do not create a visibility obstruction or otherwise interfere with pedestrian or vehicular circulation;
4.
The storage or display does not take place on any roof structure.
b.
The above prohibition shall not be construed to apply to merchandise dispensing units, limited to not more than three for any one business establishment, when such merchandise dispensing units are operated in connection with the operation of a convenience store.
c.
The above prohibition shall not be construed to prohibit the placement of newspaper racks.
d.
No shipping container as defined herein shall be located on any property zoned DAC for the purpose of primarily providing outdoor storage.
(b)
Mixed use district (MU). Property located in a(n) MU district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The MU district allows residential and nonresidential uses to be combined:
a.
In a single building, typically with public-oriented uses such as retail, and restaurant on the ground floor, and office, hotel, or residential living on the upper stories, sometimes referred to as vertical mixed use; and/or
b.
As a range of activities in one or more buildings, built in a cohesively-designed, walkable environment on the same lot and/or within the same development, sometimes referred to as horizontal mixed use.
A single development may also incorporate both vertical and horizontal mixed use techniques. This district offers flexible zoning standards in exchange for high-quality design and pedestrian-oriented amenities with the goal of creating active, attractive, sustainable live/work/shop/play districts. Uses within the MU district have been selected to create synergy and efficiency between the residential and nonresidential components of a development and to reduce the need for parking based on the integration of uses so that multiple needs can be satisfied with a single stop, or services needed by residents can be provided within walking distance of their home. Because of the unique design and creative combination of uses typically found in mixed use environments, these districts may attract users from around the community and the region as well. MU zoning should only be assigned to property that is situated along major roadways; if located adjacent to single-family residential neighborhoods, careful attention shall be paid to buffering and transitions.
(2)
Uses. Commercial, office, and residential uses that work together to create a development that satisfies multiple needs, such as residential uses near retail, business and personal services, restaurants, and/or offices, as well as home occupations meeting the requirements of this zoning code, certain public and institutional uses, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table for a specific list of uses allowed in the MU district.
(3)
Building and area regulations. No building shall be constructed in a(n) MU district except in conformance with the following requirements.
"Residential zoning district", as referenced in the regulations below, shall have the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(4)
Concept plan. An application for MU zoning shall include a concept plan drawing as defined herein, indicating the preliminary layout of proposed uses, proposed structures, parking utilities, and, if applicable, project phasing. The concept plan shall be construed as an illustration of the development concepts and not an exact representation of all specific details.
(5)
Structures prohibited in setback. No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
(6)
Outdoor storage and display.
a.
The outdoor storage of goods, wares, and merchandise is prohibited except as specifically authorized herein.
b.
No materials, supplies, inventory, or equipment may be kept or stored:
1.
Within any required front, side, or rear setback, or between the front building wall and the front property line, or between the side building wall and the street on a corner lot, unless:
i.
Placed in an area that does not extend more than ten feet from the building face on which the main customer entrance is located; and
ii.
The items being stored do not exceed four feet in total height as stored or displayed, except as authorized in subsection c below.
2.
Within any required parking spaces, fire lanes, circulation aisles, or customer pick-up lanes;
3.
Within any area that creates a visibility obstruction or otherwise interferes with pedestrian or vehicular circulation; or
4.
On any roof structure.
c.
The above prohibition shall not be construed to prohibit the following:
1.
A maximum of three merchandise dispensing units per establishment when such merchandise dispensing units are operated in connection with the operation of a convenience store; or
2.
The placement of newspaper racks.
d.
No shipping container as defined herein shall be located on any property zoned MU for the purpose of providing outdoor storage.
(7)
Screening adjacent to residential zoning.
a.
The owner or developer of property zoned MU shall construct and maintain a screening wall or fence along the border of the property when:
1.
Adjacent to property in a residential zoning district as described in subsection (b)(3) above and not separated by a public street, but not including single-family development within the boundaries of the MU district under consideration; or
2.
Building or storage area on the property is newly built, constructed, or expanded.
b.
The required screening wall or fence shall be constructed as follows:
1.
The wall or fence shall be at least six feet, and no more than eight feet, in height, and constructed of one, or a combination, of the following materials:
i.
Solid masonry materials similar in color and design to the main building, or a solid fence constructed of weather-resistant wood fencing materials; or
ii.
Chain link or ornamental fencing behind an irrigated landscape screen constructed of materials chosen from the Preferred Plant List, spaced to create a solid screen a minimum of six feet in height within one year of installation, said screen to be maintained by the property owner in a healthy, growing condition.
2.
The height of the wall or fence shall be measured from the highest established grade along the common property line.
3.
Landscaping may be used in combination with any of the above screening and fencing techniques.
4.
In no case shall chain link fencing with slats be an acceptable method of screening, with or without a landscape screen.
5.
A required screening wall or fence shall test plumb and square at all times unless otherwise dictated by the building code.
(8)
Alternate screening permitted. An applicant may make application to the commission to use alternate screening methods which may include, but not be limited to, use of existing natural terrain and/or landscaping, or installation of new landscaping and terrain features. The commission may approve, disapprove, or approve with modifications, the proposal presented by the applicant. In the event of disapproval, the applicant may appeal to the city council by requesting such appeal in writing not later than five days following the date of the action of the commission.
(9)
Open space requirement. The publicly accessible open space required herein shall be located, designed, improved, and maintained as follows:
a.
The open space shall be designed to allow natural surveillance from adjacent properties and/or roadways;
b.
Fencing shall provide through vision on all sides;
c.
The area shall be lit appropriately, using approved fixture types and lighting levels; and
d.
The property owner shall be responsible for maintaining the open space in a proper manner, including keeping landscaping trimmed and in a healthy growing condition, maintaining fencing and lighting, and keeping any street furniture or play equipment in a safe condition.
(10)
Traffic impact analysis: An application for MU zoning shall include a traffic impact analysis as defined herein.
(c)
Planned development district (PD). Property located in a(n) PD district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The PD district is a zoning category that allows the use of unique and innovative land use and design techniques to further the city's development goals. PD zoning allows an applicant to:
a.
Create combinations of uses, structures, and open spaces not otherwise permitted under established regulations;
b.
Utilize flexible design techniques that take into account the use of adjacent properties, the needs of future occupants and users of the planned development and the emergence of new development trends, such as tiny homes;
c.
Mitigate the impacts of new construction on traffic, the environment, public facilities, and services;
d.
Protect existing natural assets, such as the Guadalupe River and Hill Country views;
e.
Promote the efficient use of land and public facilities and services; and
f.
Further the vision of the comprehensive plan.
It is intended to ensure compliance with good zoning practices while allowing specific desirable departures from the strict provisions of current zoning classifications. It is not intended to be used to circumvent the standard requirements of the zoning code. In general, PD zoning may be requested anywhere in the city on tracts of land of five acres or more.
(2)
Application and review process, generally. A complete application for a PD district shall be processed in accordance with this section. All information required by city and the amount of the appropriate fee shall be specified on city's application form.
(3)
Mandatory pre-application conference. Prior to submitting a PD application, the applicant shall meet with the director to receive information regarding application procedures and requirements. The applicant is encouraged to bring any preliminary development concepts or other relevant materials to the meeting to facilitate the discussion.
(4)
Minimum development size. The minimum tract size for any request for PD zoning shall be not less than five acres. No request for PD zoning on a tract that does not meet the five acre minimum requirement may be considered, unless the applicant has requested a waiver of this requirement by filing an appeal with city council. The appeal shall be reviewed and may be approved by council in advance of the filing of the application for PD zoning with the department.
(5)
Uses. The uses approved for a planned development shall be those listed in the application and approved in the ordinance governing the property. In a PD zoning request, the applicant shall propose a list of uses, typically from among those already permitted under this zoning code, to achieve a unique development that would enhance the community and is consistent with the comprehensive plan. For efficiency, the application may refer to one of the existing zoning districts and add or eliminate uses from the standard list. Residential and nonresidential uses may be combined on a single property or in a single development within a PD district.
(6)
Area and height regulations. An application for PD zoning may refer to the area and height regulations of an existing zoning district as the basis for the request or may propose area and height regulations that are not the same as those under any other district in this zoning code. In addition, the application shall include the proposed area and height requirements for each tract of land within the PD.
(7)
Parking. Parking for all uses in the PD district shall comply with the requirements in article XII herein, unless otherwise stated in the PD application and approved ordinance. Reduced parking requirements may be requested if the applicant can demonstrate that some portion of the parking typically demanded by a development can be reduced with the mixing of uses within a single integrated project.
(8)
Application. An application for PD zoning shall be accompanied by the following information:
a.
Applicant's statement: each application for PD zoning shall include a statement from the applicant describing the vision, general intent and characteristics of the proposed development, including information such as a summary of uses, building types and sizes, plans for landscaping and open space, screening, the buffering of adjacent properties, and other key features of the proposed development.
b.
PD conditions: the conditions for the proposed Planned Development shall be specified in the application as follows:
1.
Total land area for the PD district;
2.
Land area per tract, if applicable;
3.
Proposed uses; if there are multiple tracts within the area of the PD district and different uses are proposed for the various tracts, the uses for each tract shall be specified;
4.
Minimum lot size (minimum width, depth, and lot area) by residential type for single-family units and/or density (number of units per acre) for multifamily units;
5.
Minimum front setback;
6.
Minimum side setback;
7.
Minimum rear setback;
8.
Area reserved for landscaping and/or open space;
9.
Minimum building height, if applicable;
10.
Maximum building height;
11.
Proposed parking standard for each use;
12.
Brief description of provisions for the maintenance of any common areas by an association of homeowners or property owners, if applicable, not including the legal documents establishing the association; and
13.
Other conditions as appropriate for the application.
c.
Concept plan: an application for PD zoning shall include a concept plan drawing as defined herein, indicating the preliminary layout of proposed uses, proposed structures, parking utilities, and, if applicable, project phasing. The concept plan shall be construed as an illustration of the development concepts and not an exact representation of all specific details.
d.
Traffic impact analysis: An application for PD zoning shall include a traffic impact analysis as defined herein.
(9)
Phasing schedule. If the proposed development will not be constructed as a single project, a phasing schedule for the development depicting the different construction timelines shall be included in the application.
(10)
Application review fee. The required application review fee, as established by city council, shall accompany the application.
(11)
Review process. Upon receipt of complete application, the application for PD zoning shall be reviewed under the process governing the review of an application for rezoning as described in article IX and V.T.C.A., Local Government Code § 211.007 including notification of surrounding property owners, public hearings before the planning and zoning commission and city council, and testimony from the applicant, the director, and others who have an interest in the matter, facts, and opinions concerning the proposed use and conditions to which such use would be subject.
(12)
Zoning map reference. A PD district approved in accordance with the provisions of this section, following two readings of the ordinance, shall be referenced on the city's Official Zoning Map. A list of approved planned developments, together with the category of uses permitted within them and the concept plan, shall be maintained in the department.
(13)
Amendment to a planned development district. Any changes in the ordinance adopting a PD district or the PD concept plan shall be in accordance with the same process used to establish the original PD, except that:
a.
Minor amendments: minor amendments to a PD concept plan shall be defined as a change which does not:
1.
Increase the total building square footage by more than 30 percent or increase the number of residential units by more than 30 percent;
2.
Change the list of permitted uses;
3.
Increase the building height;
4.
Decrease the area regulations or parking ratios specified;
5.
Substantially change the access or circulation on or adjacent to the PD site; or
6.
Alter the basic relationship of the proposed development to adjacent property.
b.
Approval of minor amendments: The director may, upon written application and explanation of the change by the owner of the property and review and recommendation by the department, approve minor amendments to a PD concept plan as described in subsection (a) above without a public hearing.
c.
Major amendments (text): any other change to a PD concept plan shall be considered a change in zoning and shall be considered using the same process as for the original application, including the payment of an application fee, notification and public hearings before the planning and zoning commission and city council as required by the V.T.C.A., Local Government Code § 211.007, and article IX.
d.
Reapplication: if an application for the creation of a PD is denied by city council, another application for reclassification of the same property or any portion thereof shall not be filed within a period of one year from the date of final denial, except upon written appeal of the applicant and approved by city council.
(d)
Public and institutional district (PI). Property located in a(n) PI district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The purpose of the PI district is to identify locations especially suited for uses that serve the entire community, such as public buildings and facilities, parks, hospitals, churches, schools, and similar uses.
(2)
Uses. City, county, state, and federal offices, public safety facilities, churches, schools, parks and libraries, utility facilities, and similar uses that provide service to the entire population. Refer to Table 1, Land Use Table for a specific list of uses allowed in the PI district.
(3)
Building and area regulations. No building shall be constructed in a PI district except in conformance with the following requirements.
"Residential zoning district," as referenced in the regulations below, shall have the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(4)
Accessory buildings or structures prohibited in setback.
a.
No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
b.
Satellite dishes may extend to within three feet of the property line, but may not be located between the front building wall and the front property line, or between the side building wall and the street on a corner lot.
c.
No side or rear setback shall be required for an accessory building or structure on a property zoned PI adjacent to property not zoned for single-family residential uses, including a detached carport or garage.
(5)
Outdoor storage.
a.
Outdoor storage shall be permitted in the PI district subject to the requirements herein.
b.
No materials, supplies, inventory, or equipment may be kept or stored:
1.
Within any required parking spaces, fire lanes, circulation aisles, or customer pick-up lanes;
2.
Within any area that creates a visibility obstruction or otherwise interferes with pedestrian or vehicular circulation; or
3.
On any roof structure.
c.
Notwithstanding anything to the contrary in paragraphs (a) and (b) above, self-propelled vehicles used in the operation of the activity located on the property, may be stored outdoors.
d.
The above prohibition shall not be construed to prohibit the placement of newspaper racks.
e.
No shipping container as defined herein shall be located on any property zoned PI for the purpose of providing outdoor storage.
(6)
Screening adjacent to residential zoning.
a.
The owner or developer of property zoned PI unless owned and used for school purposes by an independent school district or as a place of worship by church, temple, mosque, or other religious institution, shall construct and maintain a screening wall or fence along the border of the property when adjacent to a residential zoning district as described in subsection (d)(3) above.
b.
The required screening wall or fence shall be constructed as follows:
1.
The wall or fence shall be at least six feet and no more than eight feet in height and constructed of one, or a combination, of the following materials:
i.
Solid masonry materials similar in color and design to the main building, or a solid fence constructed of weather-resistant wood fencing materials; or
ii.
Chain link or ornamental fencing behind an irrigated landscape screen constructed of materials chosen from the Preferred Plant List, spaced to create a solid screen a minimum of six feet in height within one year of installation, said screen to be maintained by the property owner in a healthy, growing condition.
2.
The height of the wall or fence shall be measured from the highest established grade along the common property line.
3.
Landscaping may be used in combination with any of the above screening and fencing techniques.
4.
Chain link fencing with slats shall be an acceptable method of screening, with or without landscaping.
5.
A required screening wall or fence shall test plumb and square at all times unless otherwise dictated by the building code.
(7)
Alternate screening permitted. An applicant may make application to the commission to use alternate screening methods which may include use of existing natural terrain and/or landscaping, or installation of new landscaping and terrain features. The commission may approve, disapprove, or approve with modifications, the proposal presented by the applicant. In the event of disapproval, the applicant may appeal to city council by requesting such appeal in writing not later than five days following the date of the action of the commission.
(e)
Airport district (AD). Property located in a(n) AD district shall be developed in accordance with the following and other city ordinances, rules, and regulations, including the airport hazard zoning ordinance, as adopted by the airport zoning board:
(1)
Purpose. The AD district includes the Kerrville-Kerr County Municipal Airport ("airport") and areas in close proximity to the airport. This district is designed to accommodate the airport plus uses associated and/or compatible with its operation.
(2)
Uses. Aviation uses, manufacturers, suppliers, businesses that use airport services, activities to accommodate persons traveling to and from the city by private aircraft, and industrial and manufacturing uses compatible with an airport environment. Refer to Table 1, Land Use Table for a specific list of uses allowed in the AD district.
(3)
Building and area regulations. No building shall be constructed in an AD district except in conformance with the following requirements:
"Residential zoning district", as referenced in the regulations below, shall have the following meaning and shall apply whether the residential property is developed or vacant:
a.
RE, R-1, R-1A, or R-2 zoning;
b.
RM zoning if developed for other than manufactured housing; or
c.
Land zoned PD for single-family, patio home, townhome, or duplex uses.
N/A = Not applicable (no specific requirement applies)
(4)
Structures prohibited in setback. No structure in excess of 30 inches in height may exist within a front setback except that fences are allowed up to a maximum height of six feet. Fencing materials must consist of see-through materials and may include wrought iron, chain link, and/or other wire-type fencing. Fences may include a solid base using wood, brick, rock, concrete, or similar material but only where the height of the base does not exceed 48 inches. Poles, posts, and columns may be used as part of the fence, but in no case may they be greater than 24 inches in width. No element of the fence may encroach beyond the property line, create a visibility obstruction, or otherwise interfere with pedestrian or vehicular circulation.
(5)
Outdoor storage.
a.
For land zoned AD excluding airport property, outdoor storage shall be permitted subject to the requirements herein.
b.
No materials, supplies, inventory, or equipment may be kept or stored:
1.
Within any required parking spaces, fire lanes, circulation aisles, or customer pick-up lanes;
2.
Within any area that creates a visibility obstruction or otherwise interferes with pedestrian or vehicular circulation; or
3.
On any roof structure.
c.
The above prohibition shall not be construed to prohibit the following:
1.
A maximum of three merchandise dispensing units per establishment when such merchandise dispensing units are operated in connection with the operation of a convenience store;
2.
The placement of newspaper racks.
d.
Shipping containers as defined herein may be located on property zoned AD for the purpose of providing outdoor storage subject to the following conditions
1.
No container shall be located in any required setback or between the front wall of the building being served and the front property line, or between the side building wall and the street on a corner lot; and
2.
The container shall be painted to match the color of the building for which the storage is being provided.
(6)
Screening adjacent to residential zoning.
a.
The owner or developer of property zoned AD district shall construct and maintain a screening wall or fence along the border of the property when:
1.
Adjacent to property in a residential zoning district as described in subsection (d)(3) above; or
2.
Building or storage area on the property is newly built, constructed, or expanded.
b.
The required screening wall or fence shall be constructed as follows:
1.
The wall or fence shall be at least six feet, and no more than eight feet, in height, and constructed of one, or a combination, of the following materials:
i.
Solid masonry materials similar in color and design to the main building, or a solid fence constructed of weather-resistant wood fencing materials; or
ii.
Chain link or ornamental fencing behind an irrigated landscape screen constructed of materials chosen from the Preferred Plant List, spaced to create a solid screen a minimum of six feet in height within one year of installation, said screen to be maintained by the property owner in a healthy, growing condition.
2.
The height of the wall or fence shall be measured from the highest established grade along the common property line.
3.
Landscaping may be used in combination with any of the above screening and fencing techniques.
4.
In no case shall chain link fencing with metal slats be an acceptable method of screening, with or without a landscape screen.
5.
A required screening wall or fence shall test plumb and square at all times unless otherwise dictated by the building code.
(7)
Alternate screening permitted. For either the screening of outdoor storage or the screening of residential property, an applicant may make application to the commission to use alternate screening methods which may include, but not be limited to, use of existing natural terrain and/or landscaping, or installation of new landscaping and terrain features. The commission may approve, disapprove, or approve with modifications, the proposal presented by the applicant. In the event of disapproval, the applicant may appeal to the city council by requesting such appeal in writing no later than five days following the date of the action of the commission.
(f)
Agricultural district (AG). Property located in a(n) AG district shall be developed in accordance with this zoning code, including the following regulations:
(1)
Purpose. The AG district allows uses consistent with the rural heritage of the county, such as the cultivation of crops, the raising of livestock, and other activities and improvements incidental to these as principal uses. Single-family uses on large lots are allowed in the AG district; however, at such time as the land is proposed to be divided for the sale of lots, the requirements of the subdivision code may apply. AG zoning can also be used as a tool for preserving open space, special topographic features, and mitigating water quality and flooding hazards, as well as to accommodate outdoor tourism activities. This district also serves as a temporary zoning category for land annexed without a development agreement or other zoning plan in place until permanent zoning can be established.
(2)
Uses. In general, agricultural uses, including the raising of crops and livestock, the preservation of open space and important environmental features, certain public and institutional uses, home occupations meeting the requirements of this zoning code, and activities allowed subject to the approval of a conditional use permit. Refer to Table 1, Land Use Table for a specific list of uses allowed in the AG district.
(3)
Area and height regulations. No building shall be constructed in an AG district except in conformance with the following requirements:
N/A = Not applicable (no specific requirement applies)
(4)
Access to arterial or collector street prohibited. No lot shall be platted with direct access to a collector or arterial street except where limited access is permitted by the subdivision code.
(Ord. No. 2019-17, § 2, 8-27-2019; Ord. No. 2020-18, § 1, 10-13-2020; Ord. No. 2022-02, §§ 6—8, 3-22-2022; Ord. No. 2023-12, § 2, 8-22-2023)