The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population; to facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, to the character of the district and its particular suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community.

(Code 1985, § 31.100)

(a)

Words specially defined. Words used in the present tense include the future; words in the singular include the plural number; the words in the plural number include the singular; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "shall" is mandatory and not discretionary.

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building attached to or detached from the main structure and used for a purpose customarily incidental to the main structure, such as a garage, carport, or porte cochere for automobile storage, and a tool house, lathe or greenhouse, home workshop, quarters for servants employed on the premises, children's playhouse, bath house, pen, coop, kennel or storage house or garden shelter, but not involving the conduct of business or the use of such accessory structure as a separate domicile.

Apartment means a room or suite of rooms in an apartment house or tenement, arranged, designed or occupied as the residence of a single family, individual or group of individuals.

Apartment house means a building, or portion thereof, arranged, designed or occupied by three or more families living independently of each other.

Boardinghouse means a building other than a hotel, accommodating five or more persons, where lodging and meals are served for compensation.

Building means any structure having a roof, supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons or animals. For purposes of meeting setback requirements, a building includes all projections such as eaves, overhangs, cornices, roofs, windowsills and other architectural features.

Building area means the buildable area of a lot is the space remaining after the minimum open space requirements of this chapter have been complied with.

Building height means the vertical distances measured from the top edge of the front curb or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that, where buildings are set back from the street line, the height of the building shall be measured from the average elevation of the top edge of the front curb at the mid-point of the property unless the lot is on the uphill side of a street, in which case the height of the building shall be measured from a point that is the average elevation of the lot between the top edge of the front curb and the rear property line measured from the midpoint of the property, both front and rear.

Carport means a structure attached to or made a part of the main structure, which is open to the weather on at least two sides, intended for the use of sheltering not more than two motor-driven vehicles.

Depth of lot means the mean horizontal distance between the front and the rear lot line.

District means a section of the City of Olmos Park for which the regulations governing the area, height, or use of the buildings are uniform.

Family means one or more individuals living together as a single housekeeping unit in which not more than two individuals are unrelated by blood, marriage or adoption.

Front building face means the vertical exterior plane consisting of the building face which is the primary access into a building or lease space, as determined by the building official.

Home occupation means an occupation or activity carried on in the home by a person residing on the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes.

Interior lot means a lot other than a corner lot.

Nonconforming use means a building or premises occupied by a use that does not conform to the regulations of the use district in which it is situated.

One-family dwelling means a detached building having accommodations for and occupied by only one family.

Parking space means an area enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

Portable storage units means portable storage containers, including overseas shipping containers, cargo or freight containers, and PODS ("portable on demand storage").

Private garage means a garage with a capacity for not more than ten motor-driven vehicles for private storage only.

Short-term rental. A rental of real property for a period shorter than 30 consecutive days. Short term rental of real property is presumed to be a commercial use of real property.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

Structure means that which is built or constructed; an edifice or building of any kind; or any piece of work artificially built up or composed of parts joined together in some definite manner.

Yard means an open, unoccupied space (except for vegetation and surfacing) other than a court, on the lot in which a building is situated and which is unobstructed except as provided herein by any building from the ground to the sky.

Yard, front, means an open unoccupied space on a lot facing a street extending across the front of the lot between the side lot lines and from the main buildings to the front property line or street right-of-way line and as used herein shall represent a line in front of which no building may be erected; which line shall be determined as the minimum horizontal distance between the front property line and the main building line as specified for the district in which it is located.

Yard, rear, means an open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the main building and the rear lot line The required rear yard shall have a minimum dimension as specified in the district in which the lot is situated.

Yard, side, means an open, unoccupied space or spaces on one or two sides of a main building and on the same lot with the building, situated between the buildings and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or a front line shall be deemed a side line.

Use means the purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

(Code 1985, § 31.200; Ord. No. 1992-05, 10-20-1992; Ord. No. 2000-19, 12-13-2000; Ord. No. 2008-11, 10-16-2008; Ord. No. 2010-14, 10-21-2010; Ord. No. 2016-07, § 1, 5-18-2016; Ord. No. 2016-18, § 1, 10-20-2016; Ord. No. 2024-04, § 2 (Exh. A), 3-20-2024)

(a)

Districts. Zoning regulations and districts as herein set forth are approved and established. The City of Olmos Park is hereby divided into districts, of which there shall be seven, known as:

(1)

Single-family residence district I (SD-1).

(2)

Single-family residence district II (SD-2).

(3)

Single-family residence district III (SD-3).

(4)

Single-family residence district IV (SD-4).

(5)

Apartment district (AD).

(6)

Local retail district (RD).

(7)

Mixed retail commercial district (MRD).

(b)

Buildings and land use to conform to district requirements. Except as hereinafter provided, no building shall be erected, reconstructed or structurally altered, nor shall any building or land used for any purpose other than is permitted in the district in which such building or land is located.

(c)

Manufactured housing prohibited. Manufactured housing, mobile homes and similar structures are prohibited in any of the city's zoning districts.

(d)

Use of land. These regulations are intended to prevent the use of land which would place upon the land a greater burden, density, or more intense use than that permitted in the district in which the land is situated. Whenever a proposed use of land would create a lesser burden, density, or less intense use than that permitted for the district in which such land is situated, but such use might otherwise be prohibited by a strict application of these regulations, the owners of such land may obtain necessary variances to these regulations to permit such use, provided such use otherwise conforms to the general plan of development within the city.

(Code 1985, § 31.300; Ord. of 10-20-1992; Ord. No. 1997-06, 7-16-1997; Ord. No. 2000-19, 12-13-2000; Ord. No. 2010-04, 2-18-2010; Ord. No. 2010-14, 10-21-2010; Ord. No. 2014-12, § 1, 9-18-2014; Ord. No. 2020-07, § 1, 8-19-2020)

The provisions of this chapter shall not apply to property belonging to the city or to property used to provide utilities; provided, however, that in the erection of building or other structures, the city and utility companies shall attempt to conform in architectural design or otherwise as nearly as possible to the buildings permitted in the district in which they are being erected.

(Code 1985, § 31.1000)

(a)

The provisions of this chapter shall be enforced by the building inspector of the city. All applications for building permits and certificates of compliance shall be accompanied by a plat description in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building, addition or alteration to be erected, the use to which of any building, addition, alteration or land is to be put, materials to be used, and any other information which may be necessary to provide for the enforcement of these regulations. Such plans shall be verified by the signature of either the owner of the premises or by a licensed architect or engineer. A careful record of such applications and plats shall be kept in the office of the building inspector.

(b)

Abatement of nonconforming uses. The city shall have the power to abate or prevent the use of land or building not in conformity with this chapter.

(Code 1985, § 31.1100)

For compliance with building permits and certificates of occupancy, see chapter 8 of this Code.

(Code 1985, § 31.1200)

(a)

When definite distances in feet are not shown on the zoning map, the district boundaries on the zoning area are intended to be along existing street, alley or property lines or expansions of or from the same. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the maps measured from the given line.

(b)

Intent of zoning plan to be carried out. Where the actual street layout varies from the street layout as shown on the zoning map, the board of adjustment may apply the designations shown on the mapped streets in such a way as to carry out the intent of the plan for the particular area in question.

(Code 1985, § 31.1300; Ord. No. 2000-18, 12-13-2000)

(a)

Any person or corporation who shall violate any of the provisions of this chapter or fail to comply herewith, or with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder or who shall use any building or land contrary to the provisions hereof, shall be guilty of a misdemeanor and shall be liable to a fine of not more than $2,000.00, and each day such violation shall be permitted to exist shall constitute a separate offense.

(b)

The owner or owners of any building or premises or part thereof, upon which anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith or who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided.

(Code 1985, § 31.1600; Ord. No. 2009-06, 7-16-2009)

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.

(1)

Approval of zoning commission. Before taking action on any proposed amendment, supplement, or change, the city council shall submit the same to the zoning commission for its recommendation and report.

(2)

Public hearing. A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication two times in the official publication of the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the first day of such publication.

(3)

Approval mandatory. Unless such proposed amendment, supplement, or change has been approved by the zoning commission, or if a protest against such proposed amendment, supplement, or change has been filed with the city clerk, duly signed and acknowledged by the owners of 20 percent or more either of the area of the lots included in such proposed change, or those immediately adjacent in the rear thereof extending 200 feet therefrom, or those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths vote of the city council.

(Code 1985, § 31.1700; Ord. No. 1997-03, 6-18-1997)

The repeal of the ordinances or parts of ordinances effectuated by the enactment of this chapter shall not be construed as abating any actions now pending under or by virtue of such ordinance, or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any section or provision existing at the time of the passage of the ordinance from which this chapter is derived. If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.

(Code 1985, § 31.1800)

Prior to any home or structure being constructed in SD-2 or SD-3, a preliminary design submittal and final and complete construction documents shall be submitted to the city for review by staff and/or a design professional. If the city retains a design professional to review submittal, actual costs for review shall be paid by the person requesting approval of the home or structure.

(Ord. No. 2014-13, § 1, 10-16-2014)

If the city gives written notice, a person shall, [at] its own expense, temporarily or permanently, remove, relocate, change or alter the position of person's facilities that are in the public rights-of-way within 120 days, except in circumstances that require additional time as reasonably determined by the city based upon information provided by the person. For facilities expected to take longer than 120 days to remove, change or relocate, the city will confer with person before determining the alterations to be required and the timing thereof. The city shall give notice whenever the city has determined that removal, relocation, change or alteration is reasonably necessary for the construction, operation, repair, maintenance or installation of a city or other governmental public improvement in the public rights-of-way. This section shall not be construed to prevent a person's recovery of the cost of relocation or removal from third parties who initiate the request for relocation or removal, nor shall relocation or removal be required if improvements are solely for beautification purposes without prior joint deliberation and agreement with person. This section does not create a public right to seek recovery of costs for relocation or removal solely for beautification.

If the person fails to relocate facilities in the time allowed by the city in this section, the person may be liable to the city for such delay, as set forth in the City Code of Ordinances, now or hereafter enacted.

Notwithstanding anything in this subsection, the city manager and a person may agree in writing to different time frames than those provided above if circumstances reasonably warrant such a change.

(Ord. No. 2016-05, § 1, 3-17-2016)