STATE OF
CITY OF
AN ORDINANCE OF THE CITY OF
Whereas, the City Council of the City of Converse desires to manage concentration of populations to inhibit congestion on the streets; to provide adequate light and air; and to promote safety from fire, panic and other dangers; and,
Whereas, the City Council of the City of Converse desires to prevent the overcrowding of land to facilitate the adequate provisions of transportation, water sewerage, schools, parks and other public requirements; and,
Whereas, the City Council of the City of Converse desires to ensure reasonable consideration, in determining the most appropriate use of land throughout the City; in determining the suitability of a particular piece for particular uses; and to conserve the value of the land and buildings within the City of Converse, Texas.
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SECTION I. PURPOSE, SCOPE, EFFECT, AND COMPLIANCE.
A. PURPOSE OF ORDINANCE: The Zoning regulations and districts as herein established have been made in accordance with a comprehensive master plan for the purpose of promoting the health, safety, morals and the general welfare of the community. These regulations and districts have been designed to lessen 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 population and to facilitate the adequate provisions of transportation, water, sewerage, 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 the particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.
B.
SCOPE OF ORDINANCE.
The provisions of this Ordinance shall apply to all property within the
City limits of the City of
C. EFFECT: All buildings erected hereafter, all uses of land or buildings established or changed hereafter, and all structural alterations, enlargements, re-locations, and restorations of existing buildings occurring here-after shall be subject to the requirements and regulations of this Ordinance. No land nor building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located.. Land uses not specifically cited in a zoning district shall be governed by the procedures prescribed for Special Use Permits.
D. COMPLIANCE: Except as herein provided:
1. No land shall be used except for a purpose permitted in the district in which it is located.
2. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.
3. No building or structure of any type shall be erected, converted, enlarged, reconstructed or structurally altered to exceed a height limit of three stories or 38 feet herein established within the R-1, R-2, R-5 and/or R-6 residential districts without specific approval from the City Council. The height limitations are based on the fire fighting capabilities of the Converse Fire Department. Any consideration of height variances should include stipulations to ensure appropriate standards of fire protection and fire safety are established for the areas at a maximum of 90 feet.
4. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.
5. No building shall be erected, or structurally altered to the extent specifically provided hereinafter, except in conformity with the off-street parking and loading regulations of the district in which such building is located.
6. The minimum yards, parking spaces, open spaces, and lot area per family required for any building shall not be encroached upon, or considered as part of the yard, parking space, or open space required for any other building, nor shall any lot area be reduced below the requirements of this Ordinance for the district in which the lot is located.
7. Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and, except as hereinafter provided, there shall not be more than one main building on one lot.
8. The density of population shall not be increased in any manner except in conformity with the area regulations established herein. Side yard areas, for a building, shall not be included as a part of the required areas for any other building.
SECTION II. DISTRICT REQUIREMENT IN GENERAL. All buildings and structures erected hereafter, all uses of land or buildings established or changed hereafter, all structural alterations, enlargements, re-locations of existing buildings occurring hereafter, shall, in addition to the other regulations of this Ordinance, comply with the regulations of the Zoning District in which each is located.
A. DISTRICTS AND BOUNDARIES: The location of the districts herein established are shown upon the Official Zoning Map, which is hereby incorporated into this Ordinance. Said Zoning Map, together with all notations, references and other information shown thereon and all amendments thereto, shall be as much a part of this Ordinance as if fully set forth and described herein. Said Zoning Map, properly attested, is on file in the office of the City Manager.
B. ESTABLISHMENT OF DISTRICTS AND BOUNDARIES: For the purpose of promoting the health, safety, morals and general welfare of the community, the City is hereby divided into the following ten (10) Zoning Districts:
"R-1" Single Family Dwelling District
"R-2" Two-Family (Duplex) Dwelling District
"R-3" Multiple Family (Apartment) District
"R-5" Mobile Home District/Manufactured Home District
"R-6" Single-Family
Small
"B-2" Retail Business District
"B-3" Commercial Business District
"B-4" Special Commercial District
"B-5" Leisure District
"I-1" Light Industrial District
C. RULES FOR THE INTERPRETATION OF DISTRICT BOUNDARIES: Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
1. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be said boundaries.
2. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
3. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale on said Zoning Map.
4. In unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map.
5. In the case of a district boundary line dividing a property into two (2) parts, the district boundary line shall be determined by use of the scale appearing on the Zoning District Map.
6. Whenever any street, alley, or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of the area vacated, such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
7. Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map, the streets or alleys on the ground shall control.
SECTION III. "R-l" SINGLE-FAMILY DISTRICT.
A. DESCRIPTION AND PURPOSE: The "R-l" district is composed mainly of areas containing one-family dwellings and open areas where similar residential development seems likely to occur. The district regulations are designed to protect the residential character of the areas by prohibiting commercial and industrial activities and apartments while at the same time encouraging a suitable neighborhood environment for family life and preserving the openness of the area by requiring that certain minimum yard and area standards be met.
B. USE REGULATIONS: In "R-l" Single-Family Dwelling District, no land shall be used and no building shall be erected for or converted to any use other than:
1. A Single-Family Residence.
2. Accessory buildings, including a private garage, bona fide servants' quarters not for rent but for the use of servants employed on the premises. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. When the accessory building is attached to the main building by a breezeway, the breezeway may be considered part of the accessory building. When the breezeway extends into the required rear yard, it, together with the accessory building or buildings, may occupy not more than thirty per cent (30%) of the required rear yard. Required, however, that this regulation shall not reduce the total floor area of all accessory buildings on the lot to less than six hundred (600) square feet and shall not apply to bona fide farm and agricultural buildings.
3. Temporary buildings to be used for construction purposes only, which shall be removed upon completion or abandonment of construction work field offices for the sale of real estate, which shall be removed upon request of the Building Inspector.
4. Such uses as may be permitted by Special Use Permits.
C. AREA REGULATIONS:
1. Front Yard: (1) There shall be a front yard having a minimum depth of twenty (20) feet except as hereinafter provided in Section titled, "Special Area Regulations and Exceptions. (2) Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
2. Side yard: The minimum side yard shall be five (5) feet except that on a corner lot the street side yard shall be not less than ten (10) feet.
3. Reverse Frontage: On corner lots, where interior lots have been platted or sold, fronting on the side street, a side yard shall be provided on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project into the front yard of the lots in the rear.
4. Rear yard: There shall be a rear yard having a depth of twenty (20) feet or twenty (20) per cent of the average depth of the lot, whichever is smaller.
5.
Width of
6.
Minimum Depth of
7. Cul De Sac Lots: On cul de sac lots, the minimum width shall be forty (40) feet along the street curb line. The depth of the lot shall average eighty (80) feet.
8. Additions to House Fronts: Additions to residential structures, excluding steps, unenclosed balconies, and porches shall not protrude past the front house line. Any such addition shall be built with exterior finish materials similar to the exterior finish materials of the main structure.
D. OTHER REGULATIONS:
1. Moving Permits: The City Building Inspector will review all requests for moving a structure into any District to determine that it complies with all applicable building code regulations related to that District.
2. Vehicles: No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway, or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three (3) hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed forty-eight (48) hours. No vehicles whatsoever shall be parked more than eight (8) hours on City owned, unimproved right-of-way at any time.
3.
Signs. No signs
of any kind shall be displayed to the public view on any lot except one
professional sign of not more than five (5) square feet advertising the
property for sale or rent.
4. Height Restrictions. No residence may exceed the three stories or thirty-eight feet maximum height limitation.
5. Minimum Living Area. The minimum floor living area of the main structure of any dwelling exclusive of porches, terraces, garages, carports (1 car enclosed 225 square foot minimum) and detached accessory buildings shall be 1,250 square feet of heated and cooled living area.
D. VARIANCES: The Area Regulations and Other Regulations prescribed above establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards be met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the above requirements. The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the Zoning Commission. The Zoning Commission will consider the request and make a recommendation to the City Council who will then make the final decision. In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the Building and Standards Commission for final decision and disposition. The referral may be made by either the Zoning Commission or the City Council.
SECTION IV. "R-2" DUPLEX RESIDENTIAL DISTRICT.
A. DESCRIPTION AND PURPOSE: The "R-2" District is composed of areas containing two-family dwellings and open space where similar residential development seems likely to occur. The district regulations are designed to protect the residential character of the area by prohibiting commercial and industrial activities, apartments and mobile homes; while at the same time encouraging a suitable neighborhood environment and preserving the openness of the area by requiring that certain minimum yard and area requirements be met.
B. USE REGULATIONS: In the "R-2" Duplex District, no land shall be used and no building be erected or converted to any use other than:
1. Two family dwellings.
2. Such uses as may be permitted by Special Use Permits.
C. AREA REGULATIONS:
1. Front Yard: (1) There shall be a front yard having a minimum depth of twenty (20) feet except as hereinafter provided in Section titled, "Special Area Regulations and Exceptions. (2) Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
2. Side Yard: The minimum side yard shall be five (5) feet except that on a corner lot the street side yard shall be not less than ten (10) feet. On corner lots, where interior lots have been platted or sold, fronting on the side street, a side yard shall be provided as in the "R-l" district. Alternately, if a single building is to be constructed onto two (2) lots, one side yard may be reduced to zero (0), provided the other side yard is increased to ten (10) feet. Where the side yard of a lot borders on other than another "R-2" zoned lot, a minimum side yard of five (5) feet shall be maintained.
3. Reverse Frontage: On corner lots, where interior lots have been platted or sold, fronting on the side street, a side yard shall be provided on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project into the front yard of the lots in the rear.
4. Rear yard: There shall be a rear yard having a depth of twenty (20) feet or twenty (20) per cent of the average depth of the lot, whichever is smaller.
5.
Width of
6.
Minimum Depth of
7. Cul De Sac Lots: On cul de sac lots, the minimum width shall be forty (40) feet along the street curb line. The depth of the lot shall average eighty (80) feet.
8. Off-Street Parking: Duplex units shall provide two (2) car off-street parking for each unit. Parking shall be side by side.
9. Additions to House Fronts: Additions to residential structures, excluding steps, unenclosed balconies, and porches shall not protrude past the front house line. Any such addition shall be built with exterior finish materials similar to the exterior finish materials of the main structure.
D. OTHER REGULATIONS:
1. Moving Permits: The City Building Inspector will review all requests for moving a structure into any District to determine that it complies with all applicable building code regulations related to that District.
2. Vehicles: No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway, or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three (3) hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed forty-eight (48) hours. No vehicles whatsoever shall be parked more than eight (8) hours on City owned, unimproved right-of-way at any time.
3.
Signs. No signs of any kind shall be displayed to
the public view on any lot except one professional sign of not more than five
(5) square feet advertising the property for sale or rent.
4. Height Restrictions. No residence may exceed the nine stories or ninety feet maximum height limitation.
5. Minimum Living Area. The minimum floor living area of the main structure of any dwelling exclusive of porches, terraces, garages, carports (1 car enclosed 225 square foot minimum) and detached accessory buildings shall be 1,250 square feet of heated and cooled living area.
E. VARIANCES: The Area Regulations and Other Regulations prescribed above establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards be met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the above requirements. The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the Zoning Commission. The Zoning Commission will consider the request and make a recommendation to the City Council who will then make the final decision. In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the Building and Standards Commission for final decision and disposition. The referral may be made by either the Zoning Commission or the City Council.
SECTION V. "R-3" APARTMENT DISTRICT.
A. DESCRIPTION AND PURPOSE: The "R-3" District is composed only of areas containing multiple-family dwellings or guest houses. The district regulations are designed to protect the residential character of the area by prohibiting commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum yard and other spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each building unit.
B. USE REGULATIONS: In the "R-3" Low Rise Apartment District, no land shall be used and no building shall be erected for or converted to any use other than:
1. Apartments.
2. Multiple Family Dwellings.
3. Townhouse Use. A townhouse is defined to be a single family structure having one or more common walls with an adjacent townhouse structure or structures.
4. Community club facilities when organized for use of the particular townhouse or apartment district.
5. Child Care Facilities when organized for use of the particular townhouse or apartment district.
6. Accessory buildings customarily incident to any of the above uses, when not involving the conduct of a business and when located within the required rear yard of the main structure.
7. Condominium Projects.
8. Such special uses as may be permitted with Special Permits.
C. AREA REGULATIONS:
1. Front Yard: (1) There shall be a front yard having a minimum depth of twenty (20) feet except as hereinafter provided in Section titled, "Special Area Regulations and Exceptions. (2) Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
2. Side yard: There shall be a minimum side yard on each side of the lot with minimum dimensions as follows.
a. For single-family residences, there shall be side yards of not less than five (5) feet, on each side of all lots except that on corner lots, the external side yard shall be not less than ten (10) feet. On corner lots where interior lots have been platted or sold, fronting on the side streets, a side yard shall be provided as in the "R-l" District.
b. For a duplex or multiple family dwelling where ends of the building are adjacent to and parallel to the side lot line, or within thirty (30) degrees thereof, the side yard shall in not be less than five (5) feet.
c. For a multiple family dwelling where sides of the building other than the ends are adjacent or parallel to the side yard lines or within thirty (30) degrees thereof, the side yard shall be not less than twenty (20) per cent of the overall length of the building side adjacent to the side yard.
d. For any other permitted use not otherwise listed, the side yard shall be not less than ten (10) feet.
e. In all cases where the side yard is adjacent to a side street, the side yard shall not be less than ten (10) feet. Where a garage faces a side street, the garage shall be set back twenty (20) feet. On corner lots where interior lots have been platted or sold, fronting a side street, a side yard shall be provided as in the "R-l" district, (Reverse Frontage).
3. Rear Yards:
a. For a single-family residence, there shall be a rear yard having a depth of twenty (20) feet or twenty (20) per cent of the average depth of the lot, whichever is smaller.
b. For Duplex Residence, there shall be a rear yard having a depth of twenty (20) feet, or twenty (20) per cent of the average depth of the lot, whichever is smaller.
c. For Apartments, there shall be a rear yard having a depth of not less than twenty-five feet or (20) per cent of the depth of the lot, whichever is smaller.