The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; terms not expressly defined herein are to be construed in accordance with customary usage in municipal planning and engineering practices:

Accessory building or use means an enclosed four-wall building or use customarily incident to a principal building or principal use; and is subordinate in area, extent and purpose to the comfort, convenience and necessity of occupants of the principal building or principal use served; and contributes to the comfort, convenience and necessity of and is located on the same building lot as the principal building or principal use served. An accessory use may be part of the principal building.

Accessory structure means any free-standing constructed assembly designed to accommodate people and can withstand loads, including structures that may be open on one or more sides or have an open roof. Examples of accessory structures include gazebos, pergolas, cabanas, bridges, and pavilions. Carports, porte cochere, animal stables and accessory buildings are not included in this definition.

Administrative official means any official designated to perform administrative functions that involve, relate to and/or have an effect on this chapter.

All-weather surface means an uncovered dust-free and stabilized ground cover for vehicular use and/or parking area surfaced with concrete, asphalt, brick, graded and compacted gravel base or road base, interlocking pavers, or any similar dust-free and stabilized materials approved by the City Building Official. This definition does not include ground covers for non-vehicular use such as sport courts, patios, sidewalks or other residential flatwork. A driveway that extends into the side or rear yard of a property is not considered additional all-weather surface. See section 36-36(g) for All-weather surface construction regulations.

Alley means a minor public right-of-way not intended to provide the primary means of access to abutting lots and, which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a public or private alley and affords only secondary means of access to property abutting thereon.

Assisted living facility means an establishment under Tex. Health and Safety Code Ch. 247 that furnishes food and shelter to four or more persons who are unrelated to the proprietor of the establishment and provides personal care services. Types of assisted living facilities as established by the State of Texas are as follows:

(1)

Type A. In a Type A facility, a resident:

a.

Must be physically and mentally capable of evacuating the facility unassisted. This may include mobile or ambulatory persons such as those who are in wheelchairs or electric carts and have the capacity to transfer and evacuate themselves in an emergency;

b.

Does not require routine attendance during nighttime sleeping hours; and

c.

Must be capable of following directions under emergency conditions.

(2)

Type B. In a Type B facility, a resident may:

a.

Require staff assistance to evacuate;

b.

Be incapable of following directions under emergency conditions;

c.

Require attendance during nighttime sleeping hours; or

d.

Not be permanently bedfast, but may require assistance in transferring to and from a wheelchair.

Basement means a story, wholly or partly, at least 50 percent, measured from floor to ceiling, below the average level of the ground surrounding the building. A basement or cellar is not counted when measuring the height of a building.

Block means an area within the City enclosed by streets and occupied by or intended for buildings.

Board, unless otherwise specified, means the Board of Adjustment of the City of Shavano Park.

Boundary (zoning) means the territorial limits of a zoning district. Applications to expand, contract, or otherwise amend the boundaries of a zoning district constitute a zoning boundary change within this Chapter.

Breezeway means a covered passage one standard story in height connecting a main building and an accessory building.

Building line or setback means the line within a lot defining the minimum horizontal distance between a building and the property line. Building setback lines include front, rear and side setbacks that are measured from the front, rear and side property lines.

Building lot or lot means an undivided tract or parcel of land having frontage on a public or private street and which is, or in the future may be offered for sale, conveyance, transfer or improvement; or which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.

Carport means a covered parking area that is open on two or more sides.

CC uses means uses approved by the City Council, after Planning and Zoning Commission hearings, permitting specific uses as authorized in the district and prescribing conditions of such use.

City means the City of Shavano Park, Texas.

Classification (zoning) means the allowable land uses for a particular parcel or area. Applications to change the allowable land uses of a parcel or area constitute a zoning classification change within this Chapter.

Commercial vehicle means any motor vehicle or piece of equipment one ton and over designed for or used primarily in connection with a commercial business enterprise.

Commission means the Planning and Zoning Commission of the City of Shavano Park, Texas.

Community Homes for Disabled Persons as used in this Chapter shall mean a shared residential living arrangement which provides a family type environment for up six persons with disabilities, supervised by no more than two primary care givers and qualifies as a Community Home under Tex. Human Resources Code § 123.004, as amended.

(1)

As used in this section "person with a disability" means a person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:

a.

An orthopedic, visual, speech, or hearing impairment;

b.

Alzheimer's disease;

c.

Pre-senile dementia;

d.

Cerebral palsy;

e.

Epilepsy;

f.

Muscular dystrophy;

g.

Multiple sclerosis;

h.

Cancer;

i.

Heart disease;

j.

Diabetes;

k.

Mental retardation;

l.

Autism; or

m.

Emotional illness.

Compact parking space means a parking space with minimum dimensions of eight feet in width and 16 feet in length designated for use by compact vehicles.

Constructed landscape structures means any element of nature that would normally be found in a natural state but is artificially created for the purposes of adding the natural element as a feature to a yard.

Convenience Store means a retail store with inside grocery and small convenience sales and may include outdoor pay at the pump gasoline sales and stand-alone self-service car wash.

Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanently open space.

Covered vehicle/equipment means any vehicle or equipment covered with a cover or tarp type material with or without framework.

District means a geographical zoned area of the City, that has regulations governing the height, numbers of stories, and size of buildings and other structures; the percentage of a lot that may be occupied; the size of yards, courts and other open spaces; population density and the location and use of buildings, other structures and land.

Driveway means an area surfaced with concrete, asphalt, brick or pavers for vehicular use that leads from an authorized curb cut (or if there is no curb cut from the City street) to a residence front door, garage, or carport. Only driveways constructed after July 1, 2025 must be surfaced with concrete, asphalt, brick or pavers.

Dwelling, single-family, means a building containing only one dwelling unit and occupied by only one family. The term does not include a mobile home.

Dwelling unit means a structure or portion of a structure which is arranged, occupied or intended to be occupied as human living quarters.

Electric vehicle (EV) charging station means a power supply device (includes alternating current (AC), direct current (DC) and wireless charging devices) that supplies electrical power for recharging electric vehicles in a parking space. A single EV charging station may serve two parking spaces. See Levels of EV Chargers definition for the types of EV charging stations.

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

Farm means an area of five acres or more, which is used for growing, for personal use, customary farm products such as vegetables, fruits, trees, and grain (not for profit) and their storage on the area, as well as the raising thereon of customary farm poultry and farm animals, such as horses, cattle, and sheep, and including dairy farms with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities.

Fence means a freestanding structure of metal, masonry, or wood, or any combination thereof, resting on or partially buried in the ground and rising at least three feet above ground level, and used for confinement, screening, landscaping, or partition purposes, but which does not pose a threat to public safety or health. Freestanding structures under three feet are not considered a fence under this definition. A fence is categorized as either an open fence or solid fence:

•

Open fence means a fence constructed in such a way that no more than 20 percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

•

Solid fence means a fence constructed in such a way so that more than 20 percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

Garage, attached, means a structure designed to house motor vehicles and is attached to the main dwelling house either as an integral part thereof or by a connection such as a breezeway.

Grade means the surface level of the ground a structure sits upon, not the structure's foundation.

Greenbelt means an open parcel of undeveloped land typically designated on a plat as an open space, permeable or drainage easement. A utility easement in itself does not constitute a greenbelt under this chapter, although a utility easement may be located within an open space, permeable or drainage easement lot on a plat.

Gross floor area means the total interior area of a building lying within the outside dimensions of the building at each floor level, excluding, however, the floor area of basements or attics not used for residential or commercial purposes.

Height. The "height" of a building or portion of a building shall be measured from the average finished ground level to the highest point of the roof's surface if a flat surface; or to the deck line of mansard roofs; or to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, ornamental cupolas, domes or spires, parapet walls not exceeding four feet in height, and basements.

Home occupations means any occupation or activity that is clearly incidental and secondary to the use of the premises for dwelling purposes.

Landscaping means any plant material, including, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable material commonly used in landscaping, including, but not limited to, rocks, pebbles, sand, walls or fences, but excluding permanent, nonporous paving, except for pedestrian walkways.

Levels of Electric Vehicle (EV) Chargers. The Department of Energy recognizes three main levels of EV chargers: Level 1 (120V AC), Level 2 (240V AC), and DC Fast Chargers (DCFC). The levels of EV charging stations are defined as such:

Level 1 or Alternating Current (AC) Level 1 equipment provides charging through a 120-volt AC plug.

Level 2 or Alternating Current (AC) Level 2 equipment provides charging through 240-volt (typical in residential applications) or 208-volt (typical in commercial applications) electrical service.

Level 3 or Direct-current (DC) fast charging equipment (typically a three-phase AC input) enables rapid charging at power outputs up to 500 kW.

Liquefied petroleum gas, LPG, or LP-gas means any material that is composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, normal butane, isobutane, and butylenes.

Long-term rental means a rental of real property for a period of 90 or more consecutive days whereby the owner of the real property and tenant have entered into a written rental or lease agreement in which the tenant acquires the right to reside in the single-family residence for a period of 90 or more days and in which the tenant is required to pay the owner periodic monthly based rent for the privilege of residing in the residence, including a fractional payment for the first and/or last month of such residence. In the event an owner sells such property to a new owner and immediately following the sale date the selling party continues to occupy such real property as a single-family dwelling, then notwithstanding the rental period and payment terms, such occupancy shall be deemed a long-term rental. In the event a written rental or lease agreement authorizes a tenant to sublease real property and a tenant enters into a sublease agreement, such tenant shall be treated as the owner when applying this definition. Except as provided above, all rental or lease agreements shall be treated as short-term rentals.

Lot means land occupied or to be occupied by a building, its accessory building, and including such open spaces as are required under this chapter, and having its principal frontage upon a public or private street; or an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the State of Texas with the County Clerk of Bexar County, Texas; or, an area of land in single ownership described by metes and bounds upon a deed recorded or registered with the Bexar County Clerk.

Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Manufactured homes shall only be allowed to be placed in a manufactured home park.

Mobile food court means a parcel of land designated and permitted to offer food or beverages for sale to the public from two or more mobile food units. All mobile food courts require a permanent structure for restroom facilities located on the parcel of land.

A mobile food court shall not be interpreted to include a congregation of mobile food units as a secondary, accessory use, and temporary use on existing commercially developed land. Mobile food courts are a prohibited land use in all zoning districts.

Mobile food unit means a self-contained unit, either motorized or in a trailer on wheels that is readily movable, without disassembling, for transport to another location, and that serves the purpose of preparing and/or serving food and beverages. The term "mobile food unit" shall not include individual non-motorized vending carts. See chapter 8, article III of the City of Shavano Park Code of Ordinances for mobile food unit regulations.

Mobile home means a structure constructed before June 15, 1976; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 40 feet in length or, when erected on site, at least 320 square feet. The structure includes the plumbing, heating, air conditioning, and electrical systems of the home.

Nonconforming use means the use of any building, structure, or land that is prohibited by any zoning, building, or other regulatory ordinance, but which lawfully existed prior to the effective date of such ordinance.

Open storage means the storage of any equipment, machinery, commodities, raw or, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level.

Parking space means an area surfaced with concrete, asphalt, or similar all-weather material being not less than ten feet by 20 feet, enclosed or unenclosed, that is sufficient in size to store, at minimum, one motorized vehicle together with a driveway connecting the parking space with the street or alley and permitting ingress and egress. For all nonresidential parking spaces, the parking space size shall not be less than nine feet by 18 feet.

Porch means a covered area at the walkable entrance of a building. An open porch is a porch that is open on a minimum of three sides.

Portable building means a building designed and built to be movable rather than permanently located. See section 6-95 for portable building regulations. All portable buildings not meeting the requirements of section 6-95 will be regulated as accessory building(s).

Portable construction building means a structure transportable in one or more sections, which is built on a permanent chassis and is used solely as a construction office with or without a permanent foundation when connected to the required utilities. The structure shall not provide for and shall not be used as a temporary or permanent dwelling unit.

Portable on-demand storage structures means any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements. See section 36-45 for portable on-demand storage structure regulations.

Porte cochere means a roofed structure extending from the entrance of a building over an adjacent driveway and sheltering those getting in or out of vehicles. A porte cochere is not considered a carport.

Recreational vehicle means a vehicle or piece of equipment designed or intended for recreational use, including but not limited to all terrain vehicles, airplanes, golf carts, boats, floats, camping or travel trailers, motor homes, detachable travel equipment of a type adaptable to light duty trucks, boat trailers, utility trailers over eight feet in length, and other equipment or vehicles of similar nature.

Religious, cultural and fraternal activity means a use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.

Screening device. A "screening device" shall consist of a barrier of stone, brick (pierced or block), uniformly colored wood, or other permanent affixed material of quality character, density, and acceptable design, where the solid area equals at least 65 percent of the wall surface, including an entrance gate or gates. Such screening device shall be regularly maintained.

Short-term rental means a rental of real property for a period shorter than 90 consecutive days. Except as specifically permitted under the definition of long-term rental, short-term rental of real property is considered for all purposes a commercial use of real property. Short-term rental includes vacation rentals and similar uses as well as rental for a period during which renters pay the owner, or such other person with authority to lease the property, a fee to stay in the residence or other structure.

Sign. The definition of signs is set forth in Ordinance No. 100-02-07, City of Shavano Park Sign Ordinance, as may be amended from time to time.

Single-family residence means a structure designed for use as one dwelling unit and actually used for permanent or seasonal occupation by the owner, the owner's family or long term rental tenant under a written long-term rental agreement as a principal residence where the owner, owner's family or long term rental tenant intends to maintain a permanent or long-term residence. Short-term rentals are expressly excluded from this definition and shall not constitute single-family residential use.

Special exception means a site-specific special permission that is outlined in a city's zoning ordinance. The Zoning Board of Adjustment shall only grant a special exception for circumstances specifically provided in the city's zoning ordinance. See Chapter 36, Article V for the City of Shavano Park's Zoning Board of Adjustment.

Sport court means a designated surface for athletic or recreational purposes (i.e. tennis court, basketball court, volleyball field, badminton field, etc).

Street means a public or private right-of-way, however designated, which provides vehicular access to adjacent land.

Street line means the dividing line between a lot, tract or parcel of land, and a contiguous street.

Swimming pools shall mean and include all in-ground pools, including swimming, wading and lap pools, and all in-ground and above-ground water spas.

Swimming pool edge shall mean the edge formed where the swimming pool water meets the adjacent wall of the swimming pool.

Use means the purpose or activity for which the land, or structures thereon is designed, arranged or intended, to be occupied or used, or for which it is occupied, maintained, rented or leased.

Variance means a site-specific approval for a particular property to vary from the city's zoning requirements. A variance permits a deviation from the city's zoning requirements on a finding of hardship. The Zoning Board of Adjustment has the authority to grant a variance under state law. See Chapter 36, Article V for the City of Shavano Park's Zoning Board of Adjustment.

Yard, front, means an area extending along the whole length of the front property line between the side property lines, and being the minimum horizontal distance between the property line and the main building or any portion thereof, other than any open porch or porte cochere.

Yard, rear, means an area extending across the rear of a lot between the side property lines and being the minimum horizontal distance between the rear property line and the rear of the principal building or any projections thereof, other than any balcony or open porch.

Yard, side, means an area extending along the side property line from the front yard to the rear yard, being the minimum horizontal distance between any building sidewall or projections thereof, except any balcony or open porch.

Zoning district map means the map or maps delineating the boundaries of an area within each zoning district which map are incorporated into this chapter as part hereof by reference thereto, as amended from time to time in accordance with this chapter.

(Ord. No. 100-02-08, § I(exh. A, § I), 8-12-2008; Ord. No. 100-09-12, § I, 10-22-2012; Ord. No. 0-2013-001, § I, 4-22-2013; Ord. No. 0-2013-02, § I, 8-26-2013; Ord. No. 0-2014-019, § II, 10-27-2014; Ord. No. 0-2014-023, § I, 11-17-2014; Ord. No. 0-2015-003, § I, 2-23-2015; Ord. No. 0-2017-001, §§ II, III, 9-18-2017; Ord. No. O-2018-004, § I, 5-14-2018; Ord. No. O-2019-014, § IV, 11-25-2019; Ord. No. O-2020-013, § VIII, 9-21-2020; Ord. No. O-2021-008, § I, 11-22-2021; Ord. No. O-2022-004, §§ II, III, 7-25-2022; Ord. No. O-2022-007, § II, 9-19-2022; Ord. No. O-2024-004, § I, 8-26-2024; Ord. No. O-2025-001, § I, 2-24-2025; Ord. No. O-2025-005, §§ VI, VII, 5-19-2025; Ord. No. O-2025-009, § I, 6-23-2025)

Any existing violations of the storage or parking of recreational/commercial and covered vehicles/equipment as prohibited in this chapter are hereby given six months to come into compliance with said regulations.

(Ord. No. 100-02-08, § III, 8-12-2008)

Any person violating any provisions of this chapter shall, upon conviction, if convicted in the Municipal Court of the City of Shavano Park shall be subject to a fine not to exceed $2,000.00. This provision shall not, however, be preclusive of any criminal prosecutions which may involve violations prosecutable only in either the District Courts or County Courts at Law of Bexar County, Texas.

(Ord. No. 100-02-08, § V, 8-12-2008)

(a)

Effect. All buildings erected hereafter, all uses of land or buildings established or changed hereafter, and all structural alterations, enlargements, relocations, and restorations of existing buildings occurring hereafter shall be subject to the requirements and regulations of this chapter, and no land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations for the district in which such land or building is located, except as hereinafter provided.

(b)

Compliance. Except as herein provided:

(1)

The minimum yards, parking spaces, and open spaces including lot area required by this chapter for each and every building existing on the effective date of this chapter 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, nor shall any lot area be reduced below the requirements of this chapter.

(2)

A lot previously recorded which, on the effective date of this chapter, has an area or width less than herein required, may be used for a single family dwelling provided that it has direct street access.

(3)

The drilling of private wells on any building lot is prohibited.

(Ord. No. 100-02-08, § I(exh. A, § II), 8-12-2008)

(a)

Penalties. Violations of this chapter are hereby declared to be a misdemeanor and subject to fine. Each week or fraction thereof the violation is allowed to continue will constitute a separate offense. The fine for each such misdemeanor shall be no less than $100.00 or more than $2,000.00 as determined by the Municipal Court.

(b)

Remedies. If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if a building, or other structure, or land is used in violation of this chapter, the City, in addition to other remedies, may institute appropriate action to:

(1)

Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(2)

Restrain, correct or abate the violation;

(3)

Prevent the occupancy of the building, structure or land; or

(4)

Prevent any illegal act, conduct, business, or use on or about the premises.

(Ord. No. 100-02-08, § I(exh. A, § XIII), 8-12-2008)

Nonconforming uses are regulated as follows:

(1)

The building may not be expanded and/or structurally altered unless they are brought into conformity with the provisions of this chapter.

(2)

The building may not be enlarged or expanded vertically except for the addition of cooling, heating, exhaust, and ventilating appurtenances or facilities.

(3)

If a structure in which a nonconforming use is operated, is damaged or destroyed to the extent of more than 60 percent of its fair market value, by fire, explosion, act of God, or the public enemy, then any restoration or new construction shall be for a permitted or conforming use, except that if the lot upon which such damaged or destroyed nonconforming use was located is adjacent on both side lines to lots each occupied by a nonconforming use at the time a building is requested for restoration or new construction, then such building permit may be granted, provided that there shall be no open storage upon the lot premises and that there is compliance with the yard requirements for permitted uses in the district in which the use is to be located.

(4)

The computing of the percentage of damage or destruction to a nonconforming use composed of a group of individual structures which are principal buildings shall be based on the fair market value of the entire development comprising the group and not the individual structure.

(5)

If a nonconforming use of any land or structure or premise is voluntarily discontinued for a period of one year, the use of the same shall there after conform to the requirements of the district in which it is located. The Board of Adjustment shall have the power to grant extensions not to exceed six calendar months each when warranted by evidence presented to the Board.

(Ord. No. 100-02-08, § I(exh. A, § X), 8-12-2008)