For the purpose of regulating and restricting the height and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, residence or other purposes, the City of Windcrest, Texas, is hereby divided into districts of which there shall be six (6) classes in number, and which shall be known as:

"R-1" Single-Family Dwelling District

"R-2" Duplex, Apartment, and Single-Family Dwelling District

"O-1" Professional Office District

"B-1" Neighborhood Business District

"B-2" Business District

"B-3" Business District

(Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

Vacated public areas. Whenever any street, alley or other public way is lawfully vacated by the City of Windcrest, Texas, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated area and thereafter all land included in said vacated area shall be subject to all applicable regulations of the extended districts.

(b)

Temporary "R-1" zoning. All territory annexed to the City of Windcrest, Texas, shall be classified as "R-1" Single-Family Dwelling District until permanently zoned by the governing body of the City of Windcrest, Texas. The planning and zoning commission shall as soon as practicable, after annexation of any territory to the City of Windcrest, Texas, institute proceedings on its own motion to give the newly annexed territory permanent zoning, and the procedure to be followed shall be the same as is provided by law for adoption of original zoning regulations, except as provided in this chapter.

(c)

Use regulations. No building shall be erected, converted, enlarged, reconstructed, or structurally altered, and no building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated.

(d)

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

(e)

Yard regulations. The minimum yards and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of the passage of this chapter, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space required for any other building. No lot area shall be reduced to an area less than the district requirements of this chapter. The provisions of this section shall not apply to any community unit plan processed in accordance with the provisions of Article III, division 8 of this Chapter.

(f)

One main building for one lot. Every building hereafter erected, converted, enlarged, reconstructed, or structurally altered shall be on one lot. Each lot shall have been formally platted in the manner provided for subdivisions under chapter 111 of this Code, and approved by the planning and zoning commission and the city council. No more than one main building shall be located on one lot, except as otherwise provided in this chapter.

(g)

Fence height regulation. No fence shall be erected, converted, enlarged, reconstructed or structurally altered to an overall height of more than eight (8) feet, when constructed to separate or enclose garden homes, town homes, or similar units having a sideline building setback of equal to or less than ten (10) feet, and in all other cases, no fence shall be erected, converted, enlarged, or reconstructed or structurally altered to an overall height of more than six (6) feet unless otherwise required by this Code.

(h)

Golf course. The golf course and golf club area presently situated within the corporate limits of the City of Windcrest, Texas, and being Block 111, Lot 1, Windcrest Unit 27, according to plat thereof recorded in Volume 7200, pages 161 and 162, Real Property Records of Bexar County, Texas, is hereby designated an area of cultural importance and significance, and no construction, alteration, reconstruction, or razing of buildings and other structures shall be made or permitted thereon without prior specific approval by the city council of the City of Windcrest, Texas.

(i)

Additional regulations. The applicable portions of chapter 109, Signs, and chapters 103 and 107, yards (fences, pools, sprinklers, satellite dish antennas, amateur radio antenna towers, and wireless cable television antennas), shall apply to the placing and construction of signs, fences, pools, sprinklers, satellite dish antennas, amateur radio antenna towers, and wireless cable television antennas.

(Ord. No. 192, 3-9-1987; Ord. No. 213, 11-14-1988; Ord. No. 271, 7-6-1994; Ord. No. 311, 9-15-1997; Ord. No. 2023-002(O), § I, 3-6-2023)

The following regulations shall apply to the "R-1" Single-Family Dwelling District:

(a)

A building or premises shall be used only for the following purposes:

(1)

Single-family dwellings, excluding town homes and garden homes. Town homes and garden homes are permitted in this zone only if the structures and uses existed prior to the effective date of this code or if authorized under a community unit plan.

(2)

Church (except temporary revival), to include normal functions such as schools, childcare, and bazaars.

(3)

School, public or private, having a curriculum equal to a public elementary, high school, or institution of higher learning.

(4)

Public parks, playgrounds, swimming pools (public or private), golf courses (except miniature golf) and golf clubs (public or private) and related golf pro shops, residential tennis courts, tennis courts and clubs (public or private) and related tennis pro shops, arts and crafts shops and/or facilities (public or private), public recreation and community buildings.

(5)

Municipal buildings, non-profit libraries or museums, police and fire stations.

(6)

Authorized home occupations which are permitted as set forth in article VII of this chapter.

(7)

Country clubs.

(8)

Water tanks and towers.

(9)

Accessory buildings and accessory uses, customarily incidental to the above uses when located on the same lot, including a private garage for one (1) or more cars, and/or other storage room not for rent or used for commercial purposes that otherwise comply with provisions of this district.

(10)

Signs authorized in accordance with chapter 109 of the Code.

(Ord. No. 58, 8-14-1967; Ord. No. 58RR, 8-13-1982; Ord. No. 2021-004(O), § I, 6-7-2021; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

No building shall exceed two and one-half (2 ½) stories, but in no event shall a building exceed thirty-five (35) feet in height, except as provided in section 113-263 hereof.

(b)

A ground-installed amateur radio antenna tower shall not exceed sixty-five (65) feet in height.

(c)

Wireless television cable system structures will not extend more than ten (10) feet above the highest roof line of a structure.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Unless otherwise platted prior to the effective date of this code, district yard regulations shall be:

(a)

Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty-five (25) feet.

(b)

Side yard. There shall be a side yard on each side of a building of not less than ten percent (10%) of the width of the lot, but such side yard shall not be less than ten (10) feet.

(c)

Yard regulations for plats approved prior to the effective date of this Code shall be those in effect at the time the plat was approved, including any and all variances that may have been granted for such plats.

(d)

Any plat applications that have been filed shall comply with the regulations that were in effect at the time of filing.

(Ord. No. 212, 11-14-1988; Ord. No. 213, 11-14-1988; Ord. No. 271, 7-6-1994; Ord. No. 2023-002(O), § I, 3-6-2023)

Every lot or tract of land shall have an area of not less than 10,000 square feet and an average width of not less than ninety (90) feet, except that if a lot or tract has been previously platted prior to the effective date of this Code to contain less area or width than is required under this section. Lots that were platted and approved prior to the effective date of this code shall comply with those regulations in effect and applicable at the time the plat was approved, including any and all variances that may have been granted for such plats. Any plat applications that have been filed shall comply with the regulations that were in effect at the time of filing. Should the square footage of any lot platted prior to the effective date of this code be altered by replat, such replatted lots shall comply with the provisions of this code applicable at the time the replat application was filed.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Additional use, height, and area regulations and exceptions are found in article III, division 8 of this Chapter. Properties within this zone must comply with such additional use, height, and area regulations, with applicable exceptions listed.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

For purposes of this section, the terms motor vehicle, large motor vehicle, front yard, rear yard and side yard shall have the meaning stated in chapter 32, section 32-172 of this Code. Large motor vehicles must be parked in the rear yard of the residence.

(b)

All motor vehicles and boats shall be parked on permanently maintained parking areas constructed of concrete, asphalt or gravel with barriers or permanent curbing to define the parking area. Rear yard parking areas must be constructed in the same areas in which accessory buildings are authorized.

(c)

The following exceptions to the limitations imposed on the parking of large motor vehicles in the preceding paragraph shall apply:

(1)

A resident may park a large motor vehicle in the front or side yard of a residence each week for the limited purposes of preparing, loading and unloading such vehicle for weekend use between the hours of noon on Friday and noon on the following Saturday and between the hours of noon on Sunday and noon on the following Monday, plus a resident may park a large motor vehicle in the front or side yard of a residence for the limited purposes of preparing, loading and unloading such vehicle for two (2) additional trips per calendar month, with the total preparation, loading and unloading time for each additional trip to be limited to forty-eight (48) hours for each trip. While such large motor vehicles are lawfully parked in front or side yards of a residence, normal preparation for the use of such vehicles is authorized, including cleaning, and washing, changing fluids and minor repairs.

(2)

A bona fide guest or visitor of a resident may park a large motor vehicle in the front or side yard of such residence for not more than seven (7) days during any calendar month.

(d)

It shall be unlawful for any person to park, or allow same to be parked, any motor vehicle or boat in a residential district of the city except as authorized in this section. It shall be unlawful to use a motor vehicle or boat in a residential district of the city for dwelling, sleeping, business or entertainment purposes, or to connect a motor vehicle or boat to sanitary sewer facilities. No motor vehicle or boat may be parked within five (5) feet of the front or side curb line of a residence. No major maintenance or repair work shall be performed on a large motor vehicle in a residential district of the city, such as but not limited to, replacement or modification of mechanical and interior components and any work which requires lifting or raising of the vehicle.

(e)

Additional parking regulations may be found in Chapter 32, Article III of the Code.

(Ord. No. 332, 12-21-1998; Ord. No. 2023-002(O), § I, 3-6-2023)

A permanently maintained parking area which connects a garage or carport to a street or alley may not be wider than twenty (20) feet when adjacent to a two (2)-car garage or thirty (30) feet when adjacent to a three (3)-car garage. Permanently maintained parking areas wider than twenty (20) feet and constructed prior to the effective date of this Code shall be exempt from the twenty (20)-feet limitation set forth above. However, no building permit shall be issued by the city building permit officer for the erection, siting, construction, alteration, reconstruction or enlargement of permanently maintained parking area in excess of twenty (20) feet for a two (2)-car garage or thirty (30) feet for a three (3)-car garage unless it is first approved by the city council after a showing by the applicant of a special need for such greater width due to the size of or topography of the lot, the design or location of the residence, or other good reason approved by the city council in its sole and absolute discretion.

(Ord. No. 327, 9-21-1998; Ord. No. 2023-002(O), § I, 3-6-2023)

The use of any real property in the R-1 Single-Family Dwelling District for a residential short-term rental unit is prohibited.

(Ord. No. 2017-753(O), 4-17-2017; Ord. No. 2023-002(O), § I, 3-6-2023)

Carports are prohibited in residential zoning districts of the city, unless otherwise authorized and permitted under this section.

(a)

Carport shall have the meaning stated in section 113-5 of this Code.

(b)

A permitted carport shall:

(1)

Require a building permit;

(2)

Be a permanent structure;

(3)

Be located in the front, rear, or side yard; however, if located in the front yard, a permitted carport shall be attached to, or located within two (2) feet of, an existing dwelling;

(4)

Be located on lots with an existing dwelling;

(5)

Comply with the regulations contained in this code and as established in the most current International Codes, as adopted by the city; and

(6)

Not exceed twelve (12) feet in height;

(c)

Design requirements. A permitted carport shall:

(1)

Complement the color and mimic the character, design, and outward appearance in all aspects of the dwelling in which it serves.

(d)

The city manager's designee may issue a permit under this section if it is compliant with this section.

(Ord. No. 2012-679(O), 11-19-2012; Ord. No. 2023-002(O), § I, 3-6-2023)

Exterior lighting must comply with the regulations in section 113-127 of this Code.

(Ord. No. 2023-002(O), § I, 3-6-2023)

The following regulations shall apply to "R-2" Duplex, Apartment, and Single-Family Dwelling District:

(a)

A building or premises shall be used for the following purposes:

(1)

Any use permitted in the "R-1" Single-Family dwelling district.

(2)

Two-Family or duplex dwellings.

(3)

Apartment houses or multiple family dwellings, including condominiums.

(4)

Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business.

(5)

Institution of a religious, educational or philanthropic nature.

(6)

Signs authorized in accordance with chapter 109 of the Code.

(Ord. No. 58, 8-14-67; Ord. No 311, 9-15-97; Ord. No. 2023-002(O), § I, 3-6-2023)

No building or structure shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height, except as provided in section 113-263.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Unless otherwise platted prior to the effective date of this Code, district yard regulations shall be:

(a)

Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty-five (25) feet.

(b)

Side yards. There shall be a side yard on each side of a building of not less than ten percent (10%) of the width of the lot, but such side yard shall not be less than ten (10) feet.

(c)

Yard regulations for plats approved prior to the effective date of this code shall be those in effect and applicable at the time the plat was approved, including any and all variances that may have been granted for such plats.

(d)

Any plat applications that have been filed shall comply with the regulations that were in effect at the time of filing.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

Unless otherwise platted prior to the effective date of this Code, all dwellings hereafter erected, enlarged, relocated, or reconstructed, shall be located on lots containing the following areas:

(a)

A lot on which there is erected a single-family dwelling shall contain an area of not less than ten thousand (10,000) square feet.

(b)

A lot on which there is erected a two (2)-family dwelling shall contain an area of not less than ten thousand (10,000) square feet.

(c)

A lot on which there is erected an apartment house or multiple-family dwelling shall contain an area not less than one thousand, eight hundred (1,800) square feet of land per dwelling unit.

(d)

Where a lot or tract has less area than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of this chapter and have not since been changed, such parcel of land may be used for a single-family dwelling.

(e)

Any plat applications that have been filed shall comply with the regulations that were in effect at the time of filing, including any and all variances that may have been granted for such plats.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

The parking regulations and parking area requirements of the "R-1" District shall apply. Furthermore, whenever a structure is erected, converted, or structurally altered for a two (2)-family or multiple-family dwelling, two (2) parking spaces shall be provided and maintained on the lot for each dwelling unit in the building. Such parking space shall be on the lot and so arranged as to permit satisfactory egress and ingress of an automobile, and such parking area shall be in addition to driveways.

(Ord. No. 58G, 10-11-1971; Ord. No. 327, 9-21-1998; Ord. No. 2023-002(O), § I, 3-6-2023)

Additional use, height, and area regulations and exceptions are found in article III, division 8 of this chapter. Properties within this zone must comply with such additional use, height, and area regulations, with applicable exceptions listed.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

The use of any real property in the "R-2" Duplex, Apartment, and Single-Family Dwelling District for a residential short-term rental unit is prohibited.

(Ord. No. 2017-753(O), 4-17-2017; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

To ensure the safety of the public and property, all uses permitted in the "R-1" and "R-2" Districts, with the exception of Single-Family Dwellings, town homes, and garden homes, shall maintain exterior lighting and ensure the exterior of the property - including any parking lots, exterior corridors, sidewalks, or walkways - are illuminated. Such exterior lighting shall be maintained and operated from dusk to dawn by the property owner and property occupant.

(b)

All exterior lighting shall not produce an obnoxious and intense glare or illumination across property lines and shall not be of such intensity to create a nuisance or detract from the use of enjoyment of adjacent property. All exterior lighting shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any property line above a height of three (3) feet.

(c)

All exterior lighting shall be oriented so it does not direct glare or illumination onto streets in a manner that may distract or interfere with the vision of drivers, cyclists, or pedestrians on such streets.

(d)

All exterior lighting not operational shall be repaired within a reasonable time after discovery.

(Ord. No. 2023-002(O), § I, 3-6-2023)

The following regulations shall apply to the "O-1" Professional Office District:

(a)

A building or premises shall be used only for the following purposes:

(1)

Any use permitted in the "R-1" and "R-2" districts.

(2)

Offices for physicians, dentists, architects, insurance agents, attorneys, real estate appraisers, information technology and/or cloud-based services, and other office uses having similar characteristics.

(3)

Signs authorized in accordance with chapter 109 of the Code.

(4)

No merchandise of any type may be displayed, leased, exchanged or sold.

(5)

Disposal of infectious waste shall be in accordance with current guidelines required by the Occupational Safety and Health Administration and the Texas Natural Resource and Conservation Commission.

(6)

Commercial/residential combination use as defined by Section 113-5.

(Ord. No. 58TT, 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

No building or structure shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height, except as provided in section 113-263.

(Ord. No. 58TT, 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

Unless otherwise platted prior to the effective date of this Code, district yard regulations shall be:

(a)

Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty-five (25) feet from the front lot line.

(b)

Side yards.

(1)

For uses permitted in the "R-1" District, the side yard regulation for that district shall apply.

(2)

For uses permitted in the "R-2" District, the side yard regulations for that district shall apply.

(3)

For uses permitted in the "O-1" District, the side yard regulations shall be ten (10) feet. When abutting either an "R-1" or "R-2" Zone, the side yard regulation shall be twenty-five (25) feet.

(c)

Rear yards.

(1)

For uses permitted in the "O-1" District, the rear yard regulations shall be ten (10) feet. When abutting either an "R-1" or "R-2" Zone, the rear yard regulation shall be twenty- five (25) feet.

(d)

Landscaping.

(1)

A minimum of ten (10) feet of landscaped green space must be reserved and maintained as a buffer zone between the "O-1" District and either the "R-1" or "R-2" Districts wherever the districts' lines are bordering. This ten (10)-foot requirement may be part of the twenty-five (25)-foot side and rear yard requirements addressed above in this section.

(Ord. No. 58TT, 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

For uses permitted in the "R-1" and "R-2" Districts, the applicable minimum lot area and minimum lot width for such district based on permitted use shall apply.

(b)

For additional uses permitted in the "O-1" District, the minimum lot area shall be eighteen thousand (18,000) square feet and the minimum lot width shall be one hundred fifty (150) feet.

(Ord. No. 58TT, 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

The parking regulations for uses permitted in the "R-1" and "R-2" Districts shall be the same as those in the "R-2" District.

(b)

The parking regulations for additional uses permitted in the "O-1" District, shall be the same as those listed in "B-1" and applicable to properties utilized for business or commercial uses.

(Ord. No. 58TT, 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

Additional use, height, and area regulations and exceptions are found in article III, division 8 of this chapter. Properties within this zone must comply with such additional use, height, and area regulations, with applicable exceptions listed.

(Ord. No. 58TT, 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

All offices shall screen and maintain areas wherein garbage containers and other refuse are stored with a permanent enclosure, as authorized under the City's codes, on all sides exposed to public view with a permanent base and apron.

(Ord. No. 58TT 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

All offices shall screen air-conditioning elements with a permanent enclosure on all sides which are open and exposed to public view.

(Ord. No. 58TT, 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, renumbered the former § 113-157, pertaining to platted lots, as § 113-158 and enacted the former § 113-158, as § 113-157 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Platted lots used for office purposes may contain one or more buildings provided the buildings are situated in substantial compliance with the comprehensive plan created by this chapter.

(Ord. No. 58TT, 6-13-1983; Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, renumbered the former § 113-158, pertaining to screening of air conditioning elements, as § 113-157 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

All uses permitted in the "O-1" District shall comply with the exterior lighting regulations contained in section 113-127 of this Code.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, repealed the former § 113-159, and enacted a new § 113-159 as set out herein. The former § 113-159 pertained to green belt and derived from Ord. No. 58TT, 6-13-1983.

The following regulations shall apply to "B-1" Neighborhood Business District:

(a)

A building or premises shall be used only for the following purposes:

(1)

Any use permitted in "O-1" Professional Office District.

(2)

Signs authorized in accordance with chapter 109 of the Code.

(3)

Automobile parking lots.

(4)

Bakeries, employing not more than five (5) persons.

(5)

Banks.

(6)

Beauty parlors.

(7)

Barber shops.

(8)

Cleaning, pressing, and dyeing plants employing not more than five (5) persons each.

(9)

Clinics.

(10)

Hotels and motels.

(11)

Laundries, employing not more than five (5) persons on the premises.

(12)

Self-service laundries.

(13)

Job printing, provided total mechanical power use in operation of such printing plant shall not exceed five (5) horsepower.

(14)

Entertainment facilities such as theaters, cinemas, dance halls, bowling alleys, live music venues, billiard parlors, arcades, and other similar uses excepting public saloons, taverns, or bars.

(15)

Offices.

(16)

Radio, computer and technology repair and sale shops.

(17)

Media and radio studios.

(18)

Restaurants, cafes, and cafeterias.

(19)

Stores and shops for sale of products at retail only, but not to include second-hand clothing stores and/or flea markets. The storage and/or sale of motor vehicle fuel at wholesale or retail is prohibited.

a)

If a permit has first been obtained from the city, the business which currently occupies the permanent structure on the premises from which the business is conducted may display and sell goods, wares and merchandise outside its permanent structure which are customarily displayed and sold by it inside its permanent structure. The outdoor display and sale of such merchandise shall be classified as temporary (thirty (30) days or less) or permanent (more than thirty (30) days).

b)

A temporary permit may be issued by the city for the display and sale of goods, wares and merchandise upon a showing by a business that the outdoor display and sale of such merchandise will not interfere with parking and access and that such activity will be safe and compatible with adjoining businesses and the neighborhood.

c)

A permanent permit may be issued by the city for the display and sale of goods, wares and merchandise upon a showing by a business that the outdoor display and sale of such merchandise will not occur in parking areas, driveways and required landscape areas, and that such activity will be safe and compatible with the adjoining businesses and the neighborhood.

(20)

Studio (art, photo, music).

(21)

Recreational facilities such as skating rinks, basketball and tennis courts, aquatics centers, gymnasiums and health or exercise centers and similar indoor or outdoor recreational activities.

(Ord. No. 58, 8-14-1967; Ord. No. 58W, 4-12-1976; Ord. No. 58II, 9-14-1981; Ord. No. 58UU, 9-12-1983; Ord. No. 213, 12-12-1988; Ord. No. 311, 9-15-1997; Ord. No. 2023-002(O), § I, 3-6-2023)

No building or structure shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height except as provided in section 113-263, and for antennas which are subject to additional requirements located in Chapter 107 and certain signs in chapter 109.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty (20) feet.

(b)

Side yards. For uses permitted in the "R-1" and "R-2" District, the side yard regulations for that district shall apply. For additional uses permitted in the "B-1" District, no side yards are required except that on a corner lot, the side yard on the street side shall be twenty (20) feet. Where a lot is used for any of the commercial purposes permitted in this district and abutting on the side of a lot in an "R-1" or "R-2" District, there shall be a side yard not less than twenty- five (25) feet.

(c)

Rear yards. For uses permitted in the "B-1" District, no rear yards are required except where a lot is used for any of the commercial purposes permitted in this district and abutting on the rear of a lot in an "R-1" or "R-2" District, there shall be a rear yard not less than twenty-five (25) feet.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

For uses permitted in the "R-1" and "R-2" Districts, the minimum lot area and minimum width regulations for that district shall apply. There are no minimum lot area or lot width requirements for other uses.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

The parking regulations for dwellings are the same as those set forth in the "R-1" and "R-2" Districts.

(b)

Where any structure is erected, reconstructed or converted for any of the business or commercial uses permitted in this Subchapter, off-street parking spaces shall be provided, whether on the same lot with structure or on an area within three hundred (300) feet thereof, in such number as the city council shall deem adequate, based on such factors as the nature of proposed business use, expected customer density and rate of customer turn-over. Generally, parking space requirements shall be based on the gross floor area of the structure to be served and shall conform to the respective requirements set forth in the table of off-street parking requirements contained in this section. The city council may require more parking spaces for any specific business structure than are indicated in said adopted table, but no plan providing for less than the number of parking spaces therein indicated shall be approved, in the absence of clear and convincing evidence that the number of parking spaces indicated in the table will not reasonably be required by the proposed business use. Two (2) or more building owners may join together in providing a common parking area, but the total number of parking spaces therein shall be sufficient to satisfy the combined individual use parking space requirements herein stated for all structures that are proposed to be open for business at the same time. The minimum size for a parking space will be nine (9) feet × eighteen (18) feet. The following table provides requirements for off-street parking business or commercial uses permitted in this Subchapter.

TABLE OF OFF-STREET PARKING REQUIREMENTS

(Ord. No. 58, 8-14-1967; Ord. No. 243, 4-8-1991; Table changed by Council Action, 2-14-2001; Ord. No. 2023-002(O), § I, 3-6-2023)

Additional use, height, and area regulations and exceptions are found in article III, division 8 of this chapter. Properties within this zone must comply with such additional use, height, and area regulations, with applicable exceptions listed.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

All commercial establishments shall screen areas wherein garbage containers and other refuse are stored with a permanent enclosure, authorized under the City's codes, on all sides exposed to public view with a permanent base and apron.

(Ord. No. 58Q, 4-8-1974; Ord. No. 2023-002(O), § I, 3-6-2023)

All commercial establishments shall screen air-conditioning elements with a permanent screened enclosure, authorized under the City's codes, on all sides open to public view.

(Ord. No. 58Q, 4-8-1974; Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, renumbered the former § 113-197, pertaining to platted lots, as § 113-158 and enacted the former § 113-198, as § 113-197 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Platted lots used for commercial purposes may contain one (1) or more main buildings provided the buildings are situated in substantial compliance with the comprehensive plan created by this chapter.

(Ord. No. 58I, 1-8-1973; Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, renumbered the former § 113-198, pertaining to screening of air conditioning elements, as § 113-197 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

(a)

Landscaping and appropriate irrigation systems are required when B-1 and B-2 properties are developed.

(b)

Where B-1 and B-2 property abuts tracts zoned for residential use (R-1, R-2), the required width of the landscape area shall be a minimum of fifteen (15) feet and require privacy screening of eight (8) feet of fencing in combination with shrubs and trees.

(c)

Landscaping within a triangular area formed by intersecting street lines shall comply with the requirements of section 32-1.

(d)

An eight (8)-foot-wide landscape area must be provided along the entire length of each property line bordering streets. Not more than fifty percent (50%) of each landscape area shall receive impervious cover. Where a sidewalk is in place, the landscape area will not be less than four (4) feet between sidewalk and parking.

(e)

Landscaping shall not obstruct the view between the street and the access drives and parking aisles near the front yard entries and exits, nor shall any landscaping which creates an obstruction of view be located within the radius of any curb return.

(Ord. No. 2023-002(O), § I, 3-6-2023)

All uses permitted in the "B-1" District shall comply with the exterior lighting regulations contained in section 113-127 of this Code.

(Ord. No. 2023-002(O), § I, 3-6-2023)

The following regulations shall apply to the "B-2" Business District:

(a)

A building or premises shall be used only for the following purposes:

(1)

Any use permitted in "B-1" Neighborhood Business District; outdoor sales are restricted as in section 113-190.

(2)

Automobile sales and service facilities including sales, service, and installation of automobile parts, components and accessories, provided that such service and installation shall be performed completely indoors, within the retail sales establishment which has sold those items. Storage or sale of motor vehicle fuel is prohibited.

(3)

Pawnshops.

(Ord. No. 2015-727(O), 6-1-2015; Ord. No. 2023-002(O), § I, 3-6-2023)

No building or structure shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height except as provided in section 113-263, and for antennas which are subject to additional requirements located in Chapter 107 and certain signs in chapter 109.

(Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty (20) feet.

(b)

Side yard. For uses permitted in the "R-1", "R-2", "O-1" and "B 1" districts, the side yard regulations for that district shall apply. For additional uses permitted in the "B-2" district, the side yard regulations for the "B-1" district shall apply.

(c)

Rear yard. For uses permitted in the "O-1" and "B 1" districts, the rear yard regulations for that district shall apply. For additional uses permitted in the "B-2" district, the rear yard regulations for the "B-1" district shall apply.

(Ord. No. 2023-002(O), § I, 3-6-2023)

For uses permitted in the "R-1" and "R-2" districts, the minimum lot area and minimum width regulations for that district shall apply. There are no minimum lot area or lot width requirements for other uses.

(Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

For parking regulations in the "R-1", "R-2", "O-1" and "B-1" districts, parking regulations for such districts based on permitted use shall apply.

(b)

For parking regulations in the "B-2" district, the parking regulations and table of off-street parking requirements for the "B-1" district shall apply.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Additional use, height, and area regulations and exceptions are found in article III, division 8 of this chapter. Properties within this zone must comply with such additional use, height, and area regulations, with applicable exceptions listed.

(Ord. No. 2023-002(O), § I, 3-6-2023)

All commercial establishments shall screen areas wherein garbage containers and other refuse are stored with a permanent enclosure, as authorized under the City's codes, on all sides exposed to public view with a concrete permanent base and apron.

(Ord. No. 2023-002(O), § I, 3-6-2023)

All commercial establishments shall screen air-conditioning elements, as authorized under the City's codes, with a permanent screen on all sides open to public view.

(Ord. No. 205, 8-8-1988; Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, renumbered the former § 113-227, pertaining to platted lots, as § 113-228 and enacted the former § 113-228, as § 113-227 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Platted lots used for commercial purposes may contain one or more main buildings provided the buildings are situated in substantial compliance with the comprehensive plan created by this chapter.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, renumbered the former § 113-228, pertaining to screening of air conditioning elements, as § 113-227 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Landscaping requirements are the same as in section 113-199.

(Ord. No. 2023-002(O), § I, 3-6-2023)

All uses permitted in the "B-2" District shall comply with the exterior lighting regulations contained in section 113-127 of this code.

(Ord. No. 2023-002(O), § I, 3-6-2023)

The following regulations shall apply to the "B-3" Business District.

(a)

A building or premises shall be used for the following purposes:

(1)

Any use permitted in the B-2 Business District; and

(2)

Business park uses not requiring specific city council approval (wholesaling; research and development and laboratory); and

(3)

Business park uses which require specific city council approval (manufacturing; processing; fabrication; assembly; testing; repair; servicing; storage; warehousing; construction equipment rental, sales, service and outdoor storage; displaying or distribution of goods, materials or products) shall be designated as a "CC Use" or "CC Uses"; and

(4)

Grocery stores.

(b)

Nonresidential uses may be combined vertically, in the same building, or horizontally in multiple buildings, or through a combination of the two.

(c)

A conceptual land use plan must be submitted with an application for rezoning to B-3. The purpose of the conceptual land use plan is to identify the location of any proposed CC Uses listed in section 113-251 (a)(3). The conceptual land use plan shall identify the location and area of any proposed CC Uses, but need not identify uses permitted by right within B-3. Any CC Uses identified in the conceptual land use plan approved by city council shall be permitted within the areas shown on the conceptual land use plan.

(d)

"CC" uses located within a parcel of forty (40) acres or more are limited to sixty-five percent (65%) of the gross area of a proposed conceptual land use plan.

(e)

No CC Uses shall be permitted in any building within two hundred fifty (250) feet of any federal highway right-of-way unless such building setback line is specifically identified on an approved conceptual land use plan as within two hundred fifty (250) feet of a federal highway right-of-way.

(f)

A conceptual land use plan may be amended by the original applicant or applicant's assigns subsequent to the approval of B-3 zoning. Amendments requiring city council approval include the following:

(1)

A conceptual land use plan amendment may change the location and area of CC Use categories within the conceptual land use plan boundaries. Such amendment shall be reviewed and approved by the city council.

(2)

Any amendment to a conceptual land use plan that would allow for a building with CC Uses within two hundred fifty (250) feet of a federal highway right-of-way which is not permitted by a building setback line identified on an approved conceptual land use plan shall be reviewed and approved by city council.

(3)

Any amendment that would allow for a CC Use that was not previously identified on the conceptual land use plan shall be reviewed and approved by city council.

(g)

The city manager or his designee shall review any application for a building permit or certificate of occupancy for CC Uses listed in section 113-251 (a)(3) to confirm that the proposed use or uses complies with the approved ordinance approving rezoning to B-3.

(h)

Any use authorized, or in the process of authorization, pursuant to this section prior to the effective date of this code shall comply with the regulations that were in effect at the time of filing.

(Ord. No. 2014-706(O), 1-16-2014; Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, amended the title of § 113-251 to read as herein set out. The former § 113-251 title pertained to policy.

A reasonable percentage of any property zoned B-3 Business District shall be set aside for use as open space, public/civic space or buildings, green space, community playgrounds and/or recreational areas.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, repealed the former § 113-252, and enacted a new § 113-252 as set out herein. The former § 113-252 pertained to use regulations and derived from Ord. No. 2014-706(O), adopted January 16, 2014; Ord. No. 2014-709(O), adopted March 7, 2014.

No building or structure shall exceed sixty-five (65) feet in height.

(Ord. No. 2014-706(O), 1-16-2014; Ord. No. 2023-002(O), § I, 3-6-2023)

The yard regulations contained in B-2 shall apply.

(Ord. No. 2014-706(O), 1-16-2014; Ord. No. 2023-002(O), § I, 3-6-2023)

There are no minimum lot area or lot width requirements in B-3 business district.

(Ord. No. 2014-706(O), 1-16-2014; Ord. No. 2023-002(O), § I, 3-6-2023)

For parking regulations in the B-3 District and Business Park uses, the parking regulations and table of off-street parking requirements for the B-1 District shall apply.

(Ord. No. 2014-706(O), 1-16-2014; Ord. No. 2023-002(O), § I, 3-6-2023)

Any area of land designated as a B-3 Business District shall consist of a minimum of forty (40) contiguous acres, which may include multiple tracts that are either abutting or separated by a manmade or natural feature (e.g., street, railroad line, river, or right-of-way).

(Ord. No. 2014-706(O), 1-16-2014; Ord. No. 2023-002(O), § I, 3-6-2023)

All commercial establishments shall screen areas wherein garbage containers and other refuse are stored with a permanent enclosure on all sides exposed to public view with a permanent base and apron.

(Ord. No. 2014-706(O), 1-16-2014; Ord. No. 2023-002(O), § I, 3-6-2023)

Platted lots used for commercial purposes may contain one (1) or more main buildings.

(Ord. No. 2014-706(O), 1-16-2014; Ord. No. 2023-002(O), § I, 3-6-2023)

Additional use, height, and area regulations and exceptions are found in article III, division 8 of this chapter. Properties within this zone must comply with such additional use, height, and area regulations, with applicable exceptions listed.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, repealed the former § 113-260, and enacted a new § 113-260 as set out herein. The former § 113-260 pertained to areas for public use and derived from Ord. No. 2014-706(O), adopted January 16, 2014.

(a)

No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced.

(b)

No accessory building shall be used unless the main use building on the lot is also being used.

(c)

Additional regulations concerning accessory buildings can be found in chapter 103 of this Code. All accessory buildings must comply with such additional regulations.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Editor's note— Ord. No. 2023-002(O), adopted March 6, 2023, repealed the former § 113-261, and enacted a new § 113-261 as set out herein. The former § 113-261 pertained to use regulations and derived from Ord. No. 58, adopted August 14, 1967.

(a)

Swimming pools. Motels and hotels maintaining and operating swimming pools shall post rules regulating behavior, and other rules necessary to ensure the safety of the patrons. All hotels and motels must conform to ordinances of the City of Windcrest regulating the use of swimming pools and the requirements of the Public Health Statutes of the State of Texas.

(b)

Smoke detectors. Each hotel or motel must install and maintain in good working order a smoke detector, as that term is defined by state law or other applicable state regulations in each guest room, corridor, kitchen, business office, restaurant, mechanical room, and in any and all other common and/or public areas. The smoke detectors shall be installed, operated, and maintained so that they are at all times physically connected to a central fire alarm system which shall be physically located within the structure (hotel or motel) and which shall be monitored twenty-four (24) hours a day. The central fire alarm system shall include a manually operated alarm that, upon activation by the monitor of the system, emits an audible signal capable of being heard by all occupants of the structure instantaneously notifying them to immediately vacate the premises. These requirements are in addition to, and an expansion of, any and all requirements as found in the Life Safety Code, the Uniform Building Code, the Uniform Fire Code, and/or any other applicable Windcrest City Ordinance and/or state law. In the event of a conflict between this subsection and any such law, this subsection shall control.

(c)

Fire extinguishing system. All hotel and motel guest rooms, corridors, kitchens, business offices, restaurants, coffee shops, mechanical rooms, etc., and any and all other common and/or public areas, shall be protected by an automatic fire extinguishing system. Such an automatic fire extinguishing system shall be designed, installed, maintained, and serviced in accordance with current National Fire Protection Association Standards. In addition, the automatic fire extinguishing system shall be installed, operated, and thereafter, maintained so that it is at all times physically connected to the central fire alarm system. These requirements are in addition to, and an expansion of, any and all requirements as found in the Life Safety Code, the Uniform Building Code, the Uniform Fire Code, and/or any other applicable Windcrest City Ordinance and/or state law. In the event of a conflict between this subsection and any such code or law, this subsection will control.

(d)

Vehicular access. Hotels and motels shall have an unobstructed paved vehicular access lane around the outside perimeter of the main structure.

(Ord. No. 58UU, 9-12-1983; Ord. No. 58YY, 2-11-1985; Ord. No. 2023-002(O), § I, 3-6-2023; Ord. No. 2023-002(O), § I, 3-6-2023)

Buildings. Public buildings, semi-public service buildings, institutions or schools and structures necessarily associated therewith, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches, temples and structures necessarily associated therewith, may be erected to a height not exceeding seventy-five (75) feet, if the building and/or structure is set back from each yard line at least one (1) foot for each two (2) feet additional height above the height limit otherwise provided in the district in which the building or structure is located.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

Commercial/residential combination buildings. Commercial/residential combination buildings are defined in section 113-5 and are allowed in a district in which commercial buildings are built (O1, B1, B2, and B3) with one (1) or more stories for residential purposes above the commercial uses, no side yards will be required for the residential portions of the building.

(b)

Yard and open space required for accessory buildings, ornamental features. No yard or other open space required for any building for the purposes of complying with the provisions of this Code shall be used for purposes of complying with yard or other open space requirements for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings, except for accessory buildings in the rear yard and except the ordinary projections of skylights, sills, belt course, cornice, and other ornamental features which may project into such yards a distance of not more than two (2) feet.

(c)

Front yard restrictions. Open, unenclosed porches, platforms, or landing places not covered by a roof or canopy may extend or project into the front yard for a distance not exceeding six (6) feet.

(d)

Side yard restrictions. Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground (1st) first story may project into a required side yard provided these projects be distant at least two (2) feet from the adjacent side lot line.

(e)

Front yard.

(1)

Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have been built with (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.

(2)

Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not been built with a front yard as described above, then,

a.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides, or

b.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.

c.

In determining such front yard depth, buildings located entirely on the rear one-half (1/2) of a lot shall not be counted.

(3)

Vision clearance. No wall, fence, sign or other structure, hedge, or shrub planting shall be permitted or maintained higher than two (2) feet above street level on any corner lot within a triangular area formed by the street curb lines and a line connecting them at points twenty-five (25) feet from the intersection of the curb lines extended. A corner lot containing a town home or garden home the corner of which would project into the triangular area as above defined, the restricted area shall be defined as that triangular area formed by the street curb lines and a line tangent to the corner of said town home or garden home, connecting the street curb lines at points equidistant from the intersection of the street curb lines extended. No tree shall be permitted or maintained within such triangular areas, as herein defined unless the foliage is maintained at sufficient height to prevent obstruction of sight lines across the restricted area at all normal vehicular height levels.

(f)

Side yards.

(1)

The minimum width of a side yard of a corner lot in the "R-1" and "R-2" districts shall be not less than ten (10) feet. If the street side line of a corner lot is in the same block frontage with a lot or lots, whose street line is a front of such lot and lots, the side yard shall extend to the average alignment of the buildings along the same side of the street, unless such buildings are more than twenty-five (25) feet back from the street line, in which case, the said yard need not be more than twenty-five (25) feet.

(2)

A side yard of not less than twenty-five (25) feet on the side of the lot adjoining on an "R-1" or "R-2" district shall be provided for all schools, libraries, churches, community houses, clubs and other public or semi-public buildings hereafter erected or structurally altered.

(3)

Garages detached or attached to the main use building entering on the side street or a corner lot shall maintain a side yard of twenty (20) feet from the front of the garage to the curb and in no case less distance than the primary structure to the curb.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

Continuation of non-conforming use. Except as otherwise provided in this section, the non-conforming use of a building existing at the time this chapter becomes effective may be continued, and the use of a non-conforming building may be changed to another use of the same or more restricted classification. Where such use is changed to a more restricted classification, it shall not thereafter be changed back to a use of a less restricted classification.

(b)

Vacancy or cessation of non-conforming use. A non-conforming building which is or may hereafter become vacant and which shall remain unoccupied, or its non-conforming use ceases for a continuous period of one (1) year (12-month uninterrupted period), shall not thereafter be occupied except by a use which conforms to regulations of the district in which it is located.

(c)

Maintenance, enlargement, extension, reconstruction or alteration. A non-conforming building must be maintained or kept in good repair except as otherwise provided in this section. No existing, non-conforming building may be enlarged, extended, reconstructed, or altered unless its use is changed to a use permitted in the district in which such building is located. However, the enlargement, extension, reconstruction or alteration of a non-conforming building is permitted when required by court decision, state law or ordinance.

(d)

Relocation or damage to non-conforming use. A non-conforming building shall not be moved in whole or in part to any other location on the lot unless every portion of such building is made to conform to all the regulations of the district in which it is located. However, a non-conforming building which is damaged by fire, the public enemy, vandalism, earthquake, explosion, flood, wind, or other calamity or act of God, wherein the extent of fifty percent (50%) or more of its reasonable value is diminished may not be restored except in conformity with the regulations of the district in which it is located.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

Deleted use of land and buildings. The use of land or a building may continue in such previously permitted use for a reasonable period of time to allow the owner or lessee, as appropriate, to recover its existing investment, as of the date the use is deleted, all under such terms and conditions as the city council may determine from time to time. However, in no event shall deleted use be permitted to continue following a cessation of such use for a continuous period of three (3) months unless extended by city council.

(b)

Maintenance, enlargement, reconstruction or remodeling. Until terminated as provided in this Code, a deleted-use building must be maintained and kept in good repair and may be: enlarged, reconstructed or remodeled under such terms and conditions as the city council may require, provided such enlargement, reconstruction or remodeling is part of a city, state, regional and/or nationwide modernization or remodeling program of the deleted-use building owner or lessee.

(c)

Termination of deleted use. The city, upon reasonable notice to the owner and lessee, if any, of a deleted-use building and/or land, may schedule a public hearing, the purpose of which is to set a future date by which such previously deleted use must be terminated. Upon the affirmative vote of a majority of the council to terminate such deleted use, such deleted use will cease effective the date set in the council's action.

(Ord. No. 58SS, 1-24-1983; Ord. No. 2023-002(O), § I, 3-6-2023)