The city is hereby geographically divided into zoning districts and the boundaries of those districts herein are delineated upon the official zoning map of the city. The use, height, area and dimensional regulations established in this chapter shall be uniform within each district. The districts established shall be known as:

(Ord. No. 120910-01, § 1(ch. 3, § 1), 12-9-2010; Ord. No. 013014-01, § 1(Exh. A), 1-30-2014)

(a)

General purpose and description. The planned development district PD district prefix is intended to provide for the combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of the land and buildings in situations where modification of specific provisions of this chapter is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of increased flexibility.

(b)

Minimum planned development district size. No planned development district may be established on any area less than the following in size:

(1)

Residential: two acres.

(2)

Nonresidential: two acres.

(3)

Mixed residential and nonresidential: ten acres.

(c)

Development standards.

(1)

Development standards for each separate planned development district shall be set forth in the ordinance granting the planned development district and may include but shall not be limited to uses, density, lot area, lot width, lot depth, setback depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the city council may deem appropriate.

(2)

In the planned development district, the particular district to which uses specified in the planned development district are most similar shall be stated in the granting ordinance.

(3)

The ordinance granting a planned development district shall include a statement as to the purpose and intent of the planned development district granted therein.

(4)

All planned development district applications shall include a specific list of all variances from the standard requirements set forth within the base zoning district and a general statement citing the reason for the planned development district request. An application without this list will be considered incomplete.

(5)

The planned development district shall conform to all other chapters, sections and divisions of the ordinance unless specifically exempted in the granting ordinance.

(d)

Conceptual and development plan.

(1)

Establishing district. In establishing a planned development district, the city council shall approve and file, as part of the amending ordinance, appropriate plans and standards for each planned development district. During the review and public hearing process a conceptual plan and a development plan (or detailed site plan) shall be submitted.

(2)

Conceptual plan. The applicant shall submit a conceptual plan. The plan shall show the applicant's intent for the use of the land within the proposed planned development district in a graphic manner and shall be supported by written documentation of proposals and standards for development.

a.

A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. For residential development which does not propose platted lots, the conceptual plan shall set forth the size, type, and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data.

b.

A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the city council, may include, but is not limited to, the types of uses, topography, and boundary of the planned development area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is used in drafting the final development plan.

c.

Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height, or coverage of the site and which do not decrease the off-street parking ratio, reduce the yards provided at the boundary of the site, or significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the administrative official. If an agreement cannot be reached regarding whether or not a change of detail conforms to the original concept plan, the city council shall determine the conformity.

(3)

Development plan or detailed site plan. This plan shall set forth the final plans for development of the planned development district and shall conform to the data presented and approved on the conceptual plan. Approval of the development plan shall be the basis for issuance of a building permit. The development plan may be submitted to the city council for the total area or any section of the planned development district. the development plan shall include:

a.

A site inventory analysis including a scale drawing of existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any floodprone areas.

b.

A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five feet.

c.

A site plan in accordance with article I of this chapter.

d.

A landscape plan showing screening walls, ornamental planting, wooded areas, and trees to be planted.

e.

An architectural plan showing elevations and signage style to be used throughout the development may be required by the city council if deemed appropriate. Any or all of the required information may be incorporated on a single drawing if such drawing is clear and can be evaluated by the administrative official.

(e)

Criteria for approval. The planning and zoning commission, in making its recommendation, and the city council, in considering final action on a planned development district, should consider the following criteria:

(1)

Whether the proposed planned development district implements the policies of the adopted comprehensive land plan;

(2)

Whether the proposed planned development district promotes the health, safety, or general welfare of the city and the safe, orderly, efficient and healthful development of the city;

(3)

Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;

(4)

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;

(5)

The extent to which the proposed planned development district will result in a superior development than could be achieved through conventional zoning; or

(6)

Other criteria which, at the discretion of the planning and zoning commission and city council are deemed relevant and important in the consideration of the amendment.

(f)

Amendments. The administrative official may permit the applicant to make minor amendments to the conceptual plan without the necessity of amending the ordinance that established the planned development district. If the proposed amendments change and/or impact the nature or purposes of the approved planned development district, whether individually or cumulatively, the administrative official may deny the request for approval of the modifications and provide the applicant with the opportunity to revise the proposed amendments to bring them into compliance with the planned development district. If an applicant wishes to make any amendments to an approved concept plan other than minor amendments approved by the administrative official, the administrative official will submit the amendments to the planning and zoning commission and city council for review and approval as a revised planned development district. Minor amendments shall only be as follows:

(1)

Corrections in spelling, distances and other labeling that do not affect the overall development concept;

(2)

Changes in building position or layout that are less than ten feet or ten percent of the total building project or area;

(3)

Changes in proposed property lines as long as the original total project acreage is not exceeded, and the area of any base zoning district is not changed by more than five percent; and

(4)

Changes in parking layouts as long as the number of required spaces and general original design are maintained.

(Ord. No. 120910-01, § 1(ch. 3, § 2), 12-9-2010)

(a)

The boundaries of the zoning districts shall be established upon the official zoning map of the city, which may also be cited as the zoning map, said map being incorporated as a part of this chapter as fully as if the same were set forth herein in detail. The official zoning map shall be identified by the signature of the mayor, attested by the city secretary-treasurer.

(b)

The official zoning map shall be filed in the office of the city secretary-treasurer and labeled as "Official Zoning Map of the City of La Vernia, Texas." This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling. The official zoning map shall be available to the public.

(c)

Twice a year the city shall update the official zoning map by entering any changes approved by ordinance of the city council and the mayor shall sign the map attesting the changes.

(d)

One copy of the official zoning map shall be placed in the office of the administrative official. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Any changes or amendments made to the zoning district boundaries shall be indicated on the map copy promptly after the amendment has been approved by the city council.

(e)

Should the official zoning map be damaged, destroyed, lost or difficult to interpret due to age, exposure or the nature or number of changes or additions, the city may have a new map drawn which shall replace and supersede the prior zoning map. No further planning and zoning commission or city council authorization or action is required so long as no district boundaries are changed in this process.

(Ord. No. 120910-01, § 1(ch. 3, § 3), 12-9-2010)

The zoning district boundary lines shown on the official zoning map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following the city limits shall be construed as following such city limits.

(4)

Boundaries indicated as following railroad right-of-way shall be construed to be the centerline of the right-of-way or, if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines of such railroad.

(5)

Boundaries indicated as approximately following the centerlines of streams, rivers, creeks, bodies of water, or drainageways shall be construed to follow such centerlines, and in the event of change in any such centerlines shall be construed to move with such centerlines.

(6)

Boundaries indicated as parallel to, or extensions of, features described in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Whenever any street, alley or other public way is vacated by official action of the city council, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(8)

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

(9)

Where physical features on the ground are at variance with information shown on the official zoning map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (1) through (6) of this section, then the zoning board of adjustment shall interpret the zoning district boundaries.

(10)

If the zoning of property is invalidated by a judgment of a court of competent jurisdiction, the property shall be considered classified as R-A in the same manner as provided for newly annexed territory.

(11)

In unsubdivided property, the district boundary lines on the map shall be determined by use of the scale appearing on the map.

(12)

Whenever the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.

(Ord. No. 120910-01, § 1(ch. 3, § 4), 12-9-2010)

(a)

As soon as practical following annexation, but in no event more than 180 calendar days thereafter, the city council shall, by its own motion or by request of the property owners of the annexed area, initiate proceedings to establish the initial zoning on the newly annexed territory in compliance with the comprehensive plan. Unless otherwise requested by application of the property owners of the annexed area, the initial zoning of newly annexed territory shall be R-A, Single-Family Agricultural District.

(b)

The initial zoning of a land parcel, whether by motion of the city council or by request of the property owner shall be processed in the same manner as required for a zoning change in accordance with article I of this chapter. Notification, public hearing requirements and the responsibility of the planning and zoning commission and city council shall be in accordance with a request for a zoning change.

(c)

The owner of land to be annexed may submit an application for zoning the property concurrently with submission of the request for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification. The planning and zoning commission may consider the request for zoning and make a recommendation to the city council prior to final adoption of the annexation ordinance. Any recommendation by the planning and zoning commission shall be conditioned upon approval of the annexation of the property by the city council. The city council may act on an ordinance to establish the initial zoning of the property being annexed at the same meeting as the action on the annexation ordinance so long as final approval of the annexation ordinance occurs prior to final approval of the ordinance to establish the zoning and as a separate and distinct action by the city council.

(Ord. No. 120910-01, § 1(ch. 3, § 5), 12-9-2010)

Except as otherwise hereinafter specifically provided:

(1)

No land shall be used except for a purpose permitted in the district in which it is located.

(2)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

(3)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

(4)

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

(5)

No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.

(6)

The minimum yards, parking spaces, and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of the ordinance from which this chapter is derived or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building.

(7)

Every single-family residential or duplex residential building hereafter erected or structurally altered shall be located on a lot and there shall not be more than one main building on one lot. Multifamily structures hereafter erected or structurally altered shall be required to comply with all appropriate setback, rear yard, side yard, and parking requirements but shall not be limited to the one main building per lot requirement. All commercial or industrial structures hereinafter erected or structurally altered shall be required to comply with all appropriate setback, rear yard, side yard, and parking requirements but shall not be limited by a main building per lot requirement.

(8)

No requirement of this chapter shall be construed so as to prohibit the reclassification of a lot to a less restrictive zoning district where a lot of record platted prior to the effective date of the ordinance from which this chapter is derived does not conform to any or all of the minimum lot size requirements of area, width or depth of the less restrictive zoning district; provided that the minimum yard requirement of the less restrictive zoning district and the required parking for the intended use shall be met.

(9)

No uses shall be allowed which are prohibited by state or federal law or which operate in excess of state or federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), U.S. Army Corps of Engineers, or any other applicable state or federal agency, as the case may be.

(Ord. No. 120910-01, § 1(ch. 3, § 6), 12-9-2010)

(a)

Purpose and intent.

(1)

Within the districts established by this article, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this article was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this chapter to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of this chapter are met.

(2)

It is further the intent of this chapter that nonconforming uses, lots and structures shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

(3)

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

(b)

Nonconforming status.

(1)

Except as provided in subsection (c) of this section, any use, platted lot or structure that does not conform with the regulations on the effective date of the ordinance from which this chapter is derived or any amendment hereto, shall be deemed a nonconforming use, platted lot or structure provided that:

a.

Such use, platted lot or structure was in existence under, and in compliance with, the provisions of the immediately prior ordinance;

b.

Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior ordinance; or

c.

Such use, platted lot or structure was in existence at the time of annexation into the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.

(2)

Except as provided in subsection (c) of this section, any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of the ordinance from which this chapter is derived or any amendment hereto, shall be deemed to be in violation of this chapter, and the city shall be entitled to enforce fully the terms of this chapter with respect to such use, platted lot or structure.

(c)

Continuing lawful use of land and structures.

(1)

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

(2)

A nonconforming structure occupied by a nonconforming use may be reoccupied by a conforming use, following abandonment of the nonconforming use.

(d)

Expansion of nonconforming uses and structures.

(1)

A nonconforming use may be extended throughout the structure in which it is located, provided that:

a.

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

b.

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

c.

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

(2)

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

(3)

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this chapter.

(e)

Abandonment of nonconforming uses and structures, and cessation of use of structures or land.

(1)

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this chapter, as amended, and with any other applicable city codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.

(2)

A nonconforming use or structure shall be deemed "abandoned" in the following circumstances:

a.

The use ceases to operate for a continuous period of 180 calendar days;

b.

The structure remains vacant for a continuous period of 180 calendar days; or

c.

In the case of a temporary use, the use is moved from the premises for any length of time.

(3)

If the use of any lot, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of the ordinance from which this chapter is derived is made nonconforming by this chapter, as amended, then such storage use shall cease within 180 calendar days following the effective date of the ordinance from which this chapter is derived. The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

(f)

Substitution of nonconforming uses.

(1)

A nonconforming use shall not be changed to another nonconforming use.

(2)

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

(3)

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

(g)

Reconstruction or repair of nonconforming structure.

(1)

If more than 60 percent of the total appraised value of a nonconforming structure, as determined by the applicable county appraisal district, is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this chapter.

(2)

If less than 60 percent of the total appraised value of a nonconforming structure, as determined by the applicable county appraisal district, is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within 365 calendar days following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the 365-calendar-day reconstruction period may be extended by the administrative official, at his sole discretion.

(3)

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be reestablished subject to the limitations on expansion set forth in subsection (d) of this section.

(4)

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this chapter.

(5)

Nothing in this article shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds 60 percent of the structure's appraised value, as determined by the county appraisal district.

(h)

Relocation of nonconforming structure. No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district in which the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the city, and may also require platting of the intended building site as well as site plan approval pursuant to this chapter.

(i)

Nonconforming lots.

(1)

The following types of platted lots shall be deemed in conformance with the provisions of this chapter, notwithstanding the fact that such lot does not meet the standards of this chapter in the district in which it is located:

a.

Any vacant lot that conformed to the city's zoning district regulations at the time that it was platted; or

b.

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

(2)

Nothing in this article shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use intended and the lot was platted as a lot of record prior to the effective date of the ordinance from which this chapter is derived.

(Ord. No. 120910-01, § 1(ch. 3, § 7), 12-9-2010)

All projects or developments shall comply with all of the applicable dimensional and development standards in the following chart and this chapter. Additional requirements may also apply as required in other chapters, sections or articles of this chapter. All area requirements and lot sizes shall be calculated based on gross acres.

ZONING DISTRICT DIMENSIONAL AND DEVELOPMENT STANDARDS

;le=2; ¹ Minimum lot area of 6,000 square feet for the first two dwelling units and 2,000 square feet of additional lot area for each unit in excess of first two units.

;le=2; ² None where fire wall is erected on property line.

;le=2; ³ No maximum height; however, any portion of a building erected in excess of 30 feet in height shall maintain setback in accordance with section 38-401.

;le=2; ⁴ For single-family zero lot line dwellings, the side yard setback may be zero feet on one side lot line but shall be ten feet on the other side lot line.

;le=2; ⁵ The calculation of maximum building height shall not include the height of a cellar if one is present.

(Ord. No. 120910-01, § 1(ch. 3, § 8), 12-9-2010; Ord. No. 013014-01, § 1(Exh. A), 1-30-2014)