STATE OF TEXAS

STATE OF TEXAS X

COUNTY OF BEXAR X ORDINANCE #617

CITY OF CONVERSE X

AN ORDINANCE OF THE CITY OF CONVERSE ESTABLISHED FOR REGULATING ZONING OF THE CITY IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, MORALS AND THE GENERAL WELFARE OF THE CITY OF CONVERSE, TEXAS. AND SUPERSEDING OTHER ORDINANCES IN CONFLICT.

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 CONVERSE, TEXAS:

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 Converse

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 Lot

"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 Lot: The minimum width of the lot shall be fifty-five (55) feet.

6. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred and ten (110) feet.

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. Sale or rental prices shall not be placed on any sign. Signs used by the developer, realtor, home dealer and/or manufacturer, subcontractor or a lender to advertise the property during construction and sales period shall be permitted, but shall not exceed sixteen (16) square feet of surface area and must be professionally printed. For the purpose of enforcing this provision, sign means a display of a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution or business. A Sign is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A Sign shall not include a sign located completely within an enclosed building, nor holiday decorations, nor political campaign posters during the period of 90 days preceding an election until seven days following and election.

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:

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.

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 Lot: The minimum width of the lot shall be sixty (60) feet for a double occupancy single building on one lot or thirty (30) feet for a building which has occupancies separated by a lot line.

6. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred and ten (110) feet

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:

4. Height Restrictions. No residence may exceed the nine stories or ninety feet maximum height limitation.

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:

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.

4. Area of the Lot: Except as hereinafter provided, all structures hereinafter erected, enlarged, relocated, reconstructed, or converted, shall be located upon lots containing the following area: The minimum area of the lot shall be four thousand, five hundred (4,500) square feet for a single-family dwelling; and for apartment houses or buildings arranged or designed for more than two families, the minimum area of the lot shall be six thousand (6,000) square feet, plus six hundred (600) square feet for each family in excess of two (2)

5. Masonry Required: Apartments shall be constructed of masonry to the extent of not less than seventy-five (75) per cent of overall exterior wall.

6. Additions to House Fronts: Additions to residential structures, excluding steps, unenclosed balconies, and porches shall not protrude past the front house line. Any such additions shall be built with exterior finish materials similar to the exterior finish materials of the main structure.

D. OTHER REGULATIONS:

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 any dwelling exclusive of porches, terraces, and detached accessory buildings shall be 750 square feet of heated and cooled living area.

SECTION VI. "R-5" MOBILE HOME DISTRICT/MANUFACTURED HOME DISTRICT.

A. DESCRIPTION AND PURPOSE: The "R-5" district is composed mainly of areas containing manufactured homes designed as 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. The district regulations are also intended to deter depreciation of the individual homes and lots as well as the neighborhood as a whole.

B. USE REGULATIONS: In R-5 Manufactured/Mobile 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.

4. Such uses as may be permitted by Special Use Permits.

C. AREA REGULATIONS: See City of Converse Ordinance #627.

SECTION VII. "R-6" SINGLE-FAMILY DISTRICT.

A. DESCRIPTION AND PURPOSE The "R-6"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-6"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.

4. Such uses as may be permitted by Special Use Permits.

C. AREA REGULATIONS:

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.

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 Lot: The minimum width of the lot shall be fifty (50) feet.

6. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred ten (110) feet.

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.

D. OTHER REGULATIONS:

4. Height Restrictions. No residence may exceed the three stories or thirty-eight feet maximum height limitation.

SECTION VIII. "B-2" RETAIL DISTRICT.

A. DESCRIPTION AND PURPOSE: The "B-2" Retail District is composed of land and structures occupied by or suitable for the furnishing of retail goods, such as groceries, drugs and services such as shoe repairing, to satisfy the household needs of surrounding residential areas.

B. USE REGULATIONS: In the "B-2" Retail District no land shall be used and no building shall be erected for or converted to any use other than one of the following:

1. Accountants.

2. Antique Shops.

3. Architects.

4. Art Galleries and Studios.

5. Attorneys.

6. Bakery.

7. Bank/Savings and Loan.

8. Barber/Beauty Shops.

9. Business and Professional Offices.

10. Book Stores (excluding adult, pornographic stores).

11. Builders.

12. Cafeteria/Restaurant.

13. Child Care Facilities or Kindergartens.

14. Child care facility, provided that no more than six (6) unrelated children may be accommodated therein on any single day; there is a fenced play area; and does not display any kind of sign whatsoever.

15. Churches, rectories, parish houses, convents and other institutions of religious or philanthropic nature.

16. Clothing Shop.

17. Community club facilities when organized for use of a particular residential development.

18. Consultants.

19. Craft Store.

20. Dentists.

21. Department/Discount Store.

22. Educational institutions, public or private or denominational schools.

23. Electrical facilities and electrical energy facilities; transformers; relay and substations; natural gas handling and regulating stations; and private, public utility, and common pipelines subject to the approval required under other ordinances, except office buildings, storage facilities, repair and maintenance facilities, and generating facilities.

24. Engineers.

25. Fabric Store.

26. Fine Arts Studios/Fine Art Instruction (Drama, Music, Dance or Speech).

27. Fire Stations.

28. Florist Shops (completely enclosed).

29. Furniture Store.

30. Gift Shops.

31. Golf courses, but not including miniature golf course, driving range or any forms of commercial amusement.

32. Grocery Store.

33. Insurance Offices.

34. Interior Decorating Studios.

35. Jewelry Store.

36. Leather Goods/Luggage Shop.

37. Musical Instrument Sales.

38. Nursing Home.

39. Office Equipment and Supplies.

40. Paint and Wall Paper Store.

41. Pet Grooming without extended boarding.

42. Pharmacy/Drug Store.

43. Photographers.

44. Photographic Finishing, Equipment and Supplies.

45. Physicians.

46. Public parks and public playgrounds and noncommercial athletic fields.

47. Radio and television or microwave broadcast or relay tower, to include earth stations.

48. Railroad rights-of-way and tracks; bridges, signals, and other railroad appurtenances except railroad yards, classification tracks, team tracks, storage yards, passenger stations, freight stations, fueling facilities, fuel oil tanks, roundhouses, repair shops, offices, and tie treatment facilities.

49. Realtors.

50. Schools, public, private, or denominational schools having a curriculum equivalent to a public elementary or secondary school. A kindergarten or day nursery school shall be allowed if in conjunction with a higher-level school or when operated as a function of a church.

51. Stationary Stores.

52. Shoe Shop/Shoe Repair.

53. Specialty Sales Shops (Collectibles, China, Food).

54. Stock Brokers.

55. Tailor/Dry Cleaning Shop.

56. Telephone exchange facilities, storage, or maintenance facilities.

57. Title Companies.

58. Toy Store.

59. Travel Agents.

60. Used Clothing Store.

61. Watch and Clock Repair.

62. Such uses as may be permitted by Special Permits.

C. AREA REGULATIONS:

1. Front Yard: There shall be a front yard having a minimum of twenty five (25) feet.

2. Side Yard: There is no minimum side yard requirement in the "B-2" Retail District. However, when the use sides on an "R-l", "R-2" or District, a minimum of fifteen (15) feet shall be provided.

3. Rear Yard: There is no minimum rear yard requirement in the "B-2" Retail District. However when the use sides on an "R-l", "R-2" or "R-5" District, a minimum of twenty (20) feet shall be provided.

4. Lot Area: There shall be a minimum lot area of six thousand (6,000) square feet in the "B-2" Retail District.

5. Building Specifications: In the "B-2"Retail District there shall be an area for offices of not less than fifteen hundred (1,500) square feet of floor area, exclusive of garages, carports and porches.

6. Signs: Any sign in the "B-2" Retail District must comply with all regulations.

D. OTHER REGULATIONS:

1. A building or premises in this zoning district shall not be noxious or offensive because of the emission of odor, smoke, dust, noise, fumes, vibration or particulate matter.

2. 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.

3. Fences:

a. Commercial and Residential: See ordinance 611

4. 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.

5. Height Restrictions. No residence or business may exceed the nine stories or ninety feet maximum height limitation.

SECTION IX. "B-3" COMMERCIAL DISTRICT.

A. DESCRIPTION AND PURPOSE: The "B-3"Commercial District is composed of land and structures used to furnish commercial needs where the activity may have higher than average levels of traffic, noise, or odor, such as gasoline sales, bowling alleys, and butcher shops.

B. USE REGULATIONS: In the "B-3" Commercial District, no land shall be used and no building erected for or converted to any use other than one of the following:

1. Any use permitted in the "B-2" Retail District.

2. Alcohol Beverage Store.

3. Appliance Sales and Service.

4. Automobile Gasoline Service Station.

5. Bowling Alley.

6. Butcher Shop.

7. Convenience Store (No on-premise alcohol consumption).

8. Exterminator.

9. Hospitals (general care) and clinics.

10. Laundromat.

11. Medical/Dental Laboratories.

12. Movie theater.

13. Pawn Shop.

14. Pet Shop.

15. Plant Nursery Sales.

16. Rental or Repair Shops.

17. State Vehicle Inspection Unit.

18. Veterinary Services.

19. Wholesale Greenhouse.

20. Wholesale Outlets.

C. AREA REGULATIONS:

1. Front Yard: None.

2. Side Yard: There is no minimum side yard requirement in the "B-3" Commercial District. However, when the use sides on an "R-l", "R-2" or District, a minimum of fifteen (15) feet shall be provided.

3. Rear Yard: There is no minimum rear yard requirement in the "B-3" Commercial District. However when the use sides on an "R-l", "R-2" or "R-5" District, a minimum of twenty (20) feet shall be provided.

4. Lot Area: There shall be a minimum lot area of six thousand (6,000) square feet in the "B-3" Retail District.

5. Buildings on the Lot: Lot coverage must be not more than three-fifths (3/5) of the total lot area.

6. Building Specifications: In the "B-3"Commercial District there shall be an area for offices of not less than fifteen hundred (1,500) square feet of floor area, exclusive of garages, carports and porches.

7. Signs: Any sign in the "B-3" Commercial District must comply with all regulations.

D. OTHER REGULATIONS:

2. Fences:

a. Commercial and Residential: See Ordinance 611

3. 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.

4. Height Restrictions. No residence or business may exceed the nine stories or ninety feet maximum height limitation.

SECTION X. "B-4" SPECIAL COMMERCIAL DISTRICT.

A. DESCRIPTION AND PURPOSE: The "B-4" SpecialCommercial District is composed of land and structures used to furnish commercial needs where the activity may have higher than average levels of traffic, noise, or odor, and the location of the activities are controversial such Automobile sales, motorcycle sales and service, and funeral homes.

B. USE REGULATIONS: In the "B-4" Special Commercial District, no land shall be used and no building erected for or converted to any use other than one of the following:

1. Any use permitted in the "B-3" Retail District.

2. Assemble Halls for Private Social Gatherings.

3. Automobile Sales and Service.

4. Clubs and lodges, the principal activity of which is not a business.

5. Funeral Home.

6. Motorcycle Sales and service.

7. Night Club or Bar.

8. Private clubs.

9. Vehicle Laundry.

C. AREA REGULATIONS:

1. Front Yard: None.

2. Side Yard: There is no minimum side yard requirement in the "B-4" Special Commercial District. However, when the use sides on an "R-l", "R-2" or District, a minimum of fifteen (15) feet shall be provided.

3. Rear Yard: There is no minimum rear yard requirement in the "B-4" Special Commercial District. However when the use sides on an "R-l", "R-2" or "R-5" District, a minimum of twenty (20) feet shall be provided.

4. Lot Area: There shall be a minimum lot area of six thousand (6,000) square feet in the "B-4" Special Commercial District.

5. Buildings on the Lot: Lot coverage must be not more than three-fifths (3/5) of the total lot area.

6. Building Specifications: In the "B-4"Special Commercial District there shall be an area for offices of not less than fifteen hundred (1,500) square feet of floor area, exclusive of garages, carports and porches.

7. Signs: Any sign in the "B-4" Retail District must comply with all regulations.

D. OTHER REGULATIONS:

2. Fences:

a. Commercial and Residential: See Ordinance 611

4. Height Restrictions. No residence or business may exceed the nine stories or ninety feet maximum height limitation.

SECTION XI. "B-5" LEISURE DISTRICT.

A. DESCRIPTION AND PURPOSE: The "B-5" District is composed of land and structures occupied or suitable for attracting people to shop, relax and socialize. "B-5" uses are specified for the district designated as "Leisure. The district regulations are designed to protect and encourage a relaxed leisurely pace of shopping, relaxation, and socializing with others to promote friendship and community spirit. The limited group of uses of a retail nature have been carefully chosen to support this goal.

B. USE REGULATIONS: In the "B-5" Leisure District, no land shall be used and no building shall be erected for or converted to any use other than one of the following limited retail sales activities:

1. Antique Shops.

2. Art Galleries and Studios.

3. Bakery.

4. Barber/Beauty Shops.

5. Book Stores (excluding adult, pornographic stores).

6. Cafeteria/Restaurant.

7. Clubs.

8. Convenience Store (excluding sale of vehicle fuel).

9. Craft Store.

10. Fine Arts Studios/Fine Art Instruction (Drama, Music, Dance or Speech).

11. Florist Shops.

12. Gift Shops.

13. Ice Cream /Soda Shop.

14. Jewelry Store.

15. Leather Goods/Luggage Shop.

16. Movie theater.

17. Musical Instrument Sales.

18. Photographic Finishing, Equipment and Supplies.

19. Restaurants.

20. Stationary Stores.

21. Specialty Sales Shops (Collectibles, China, Food).

22. Such uses as may be permitted by Special Permits.

C. AREA REGULATIONS:

1. Front Yard: There shall be no front yard requirement. The front of the building maybe adjacent to the sidewalk.

2. Side Yard: There shall be no side yard requirement. Buildings in this district may share a common boundary wall.

3. Rear Yard: There is no minimum rear yard.

4. Signs: Any sign in the "B-5" Leisure District must comply with all regulations.

D. OTHER REGULATIONS:

1. A building or premises in this zoning district shall not be noxious or offensive because of the emission of odor, smoke, dust, noise, fumes, vibration or particulate matter.

2. Moving Permits: The City Building Inspector will review all requests for moving a structure into any District to determine that it complies with applicable building code regulations related to that District.

3. Vehicles: Vehicles shall be parked only in designated parking areas. Limited exceptions are granted for loading and unloading supplies and equipment, not to exceed four (4) hours. Approval for additional time may be granted by the Chief of Police or the City Manager.

4. Height Restrictions. No business may exceed the nine stories or ninety feet maximum height limitation.

SECTION XII. "I-1" LIGHT INDUSTRIAL DISTRICT.

A. DESCRIPTION AND PURPOSE: The "I-1" district is composed of land and structures used for light manufacturing or wholesaling, where the use and its operation do not adversely effect abutting and surrounding uses. The "I-1" District includes retail and commercial uses, but "I-1" Districts are to be separated from residential areas by business areas or by natural or man-made barriers. The district regulations are designed to allow a wide range of industrial activities subject to limitations designed for mutual protection of land use. It is intended that manufacturing be allowed in the "I-1" District, but under no circumstances is the manufacture of toxic or hazardous chemicals or substances to be allowed in the "I-1" District. All requirements shall be governed by current applicable Environmental Protection Agency or Texas Natural Resource & Conservation Commission rules.

B. USE REGULATIONS: In the "I-1" Light Industrial District no land shall be used and no building shall be erected for or converted to any use other than one of the uses set out below, except that dwelling quarters may be established in connection with an industrial facility for the owner or an employee performing duties as watchman or caretaker. Uses appropriate to the "I-1" Light Industrial District may include the following:

1. Assembly/Manufacturing Operations.

2. Business/Industrial Subdivisions.

3. Cabinet/Carpentry Shop.

4. Cold Storage Plant.

5. Contractor Operations and Storage.

6. Domestic Pet Boarding.

7. Lumber Yard.

8. Machine/Sheet Metal Shops.

9. Warehouse Storage.

10. Such uses as may be permitted by Special Use Permits.

11. Mini-Storage Facility

12. Propane Storage

C. AREA REGULATIONS:

1. Front Yard: None.

2. Side Yard: There is no minimum side yard requirement in the "I-1" Industrial District. However, when the use sides on an "R-l", "R-2" or District, a minimum of fifteen (15) feet shall be provided.

3. Rear Yard: There is no minimum rear yard requirement in the "I-1" Industrial District. However when the use sides on an "R-l", "R-2" or "R-5" District, a minimum of twenty (20) feet shall be provided.

4. Lot Area: There shall be a minimum lot area of six thousand (6,000) square feet in the "I-1" Industrial District.

5. Buildings on the Lot: Lot coverage must be not more than three-fifths (3/5) of the total lot area.

6. Building Specifications: In the "I-1" Industrial District there shall be an area for offices of not less than fifteen hundred (1,500) square feet of floor area, exclusive of garages, carports and porches.

7. Signs: Any sign in the "I-1" Industrial District must comply with all regulations.

D. OTHER REGULATIONS:

1. A building or premises in this zoning district shall not produce noxious or offensive levels of odor, smoke, dust, noise, fumes, vibration or particulate matter.

3. Fences:

a. Commercial and Residential: See Ordinance 611

5. Height Restrictions. No residence or business may exceed the nine stories or ninety feet maximum height limitation.

SECTION XIII. NON-CONFORMING USES.

A. DEFINITION: A "non-conforming use" is the use of a building, structure, or land existing at the time of the enactment of this Ordinance, which does not conform to the regulations of the district in which it is located.

B. REGULATIONS: Non-conforming uses are regulated as follows:

1. They may be continued, provided the non-conforming use violates no other laws or Ordinances.

2. They may be expanded or structurally altered, as hereinafter provided, unless located in an "R-l", or "R-2" District. A non-conforming use in an "R-3", "R-5", "B-2", "B-3", "B-4" or "B-5" District, which is a permitted use in a less restrictive district may be enlarged or changed by horizontal expansion upon, but not beyond,the tract or lot of record upon which it is located as of the date such a use becomes non-conforming; and any enlargement or expansion shall not encroach upon any open space upon such lot that would be required as a yard if the use were a conforming use in the district in which it is located.

3. They shall not be enlarged or expanded vertically except for the addition of cooling, heating, exhaust, ventilating appurtenances or facilities.

4. If a non-conforming use or structure is damaged or destroyed to an extent of more than sixty percent (60%) of its fair market value, then any restoration or new construction shall be permitted only for a conforming use, unless a Special Use Permit is granted to continue the non-conforming use.

5. If a non-conforming use is composed of a group of separate structures which are principal buildings, the percentage of damage or destruction shall be computed based on the fair market value of the entire development group and not the individual structure that was damaged.

6. If a non-conforming use of any structure or premises is voluntarily discontinued for a period of six months, the future use shall then conform to the requirements of the District in which it is located.

7. Special Uses existing in a permitted district at the time of adoption of this Ordinance may expand upon the lot of record upon which it is located without a new Special Uses Permit.

SECTION XIV. SPECIAL USE PERMITS.

A AUTHORITY: After proper notice to all parties affected, and after recommendation by the Planning & Zoning Commission containing such requirements and safeguards as are necessary to protect adjoining properties, the City Council may authorize the development of uses not specified in the City Ordinances.

B. HEARING: The City Council shall conduct a public hearing regarding the application for a Special Use Permit. The purpose of such hearing shall be to determine that the granting of the special permit will be in the spirit and intent of this Ordinance and:

1. Will not unduly affect the character and authorized uses of the area or neighborhood on which it is proposed to locate

2. Will not substantially depreciate the value of adjacent and nearby properties from present values as rendered by Bexar Appraisal District or other professional appraisal entity.

3. Will not unduly deviate from the intent of the Master Plan in effect and as amended by Council.

4. Will comply with the applicable development and building standards of the zoning district in which it is to be located.

5. Will not adversely affect:

a. Drainage.

b. Public health.

c. Public safety.

d. The general welfare.

C. ASSURANCE: With the granting of a Special Use Permit, there shall be assurance by Grantee of protection for surrounding properties from environmental concerns such as undue noise, lights, dust, fumes, and/or noxious odors.

D. STIPULATIONS: The granting of a Special Use Permit shall be subject to all conditions and safeguards in this Ordinance and as may be further prescribed by the City Council.

E. APPLICATION: All applications for Special Use Permits shall be submitted with site plans drawn to scale and showing the general arrangement of the project together with essential requirements such as:

1. Off street parking facilities.

2. Location of buildings and intended uses including any proposed signs.

3. Means of ingress and egress of public streets.

4. The type of visual screening such as walls, plantings and fences.

5. Location of adjacent property, residences, other buildings, and public easements and thoroughfares.

6. Location and area coverage of all outside lighting (especially any which might shine into an adjacent residential area or into vehicle operator vision.).

7. Size and location of utility connections for water, gas, sewer, power and communications

F. REVIEW: Applications shall be submitted to staff to review and make a written report to the Planning & Zoning Commission. All applications shall be kept on file in City Hall.

G. USES WHICH REQUIRE A SPECIAL USE PERMIT: Any use not specified in the zoning districts.

H. CRITERIA FOR SPECIAL USE PERMIT: Recommendations for a Special Use Permit shall be based on the Commissions' findings that the special use:

1. Is consistent with the Master Plan.

2. Is harmonious and compatible with the site and with uses in the surrounding neighborhood.

3. Assures preservation of current property values and protection of property rights of owners of all real property to be affected by the proposed Special Use.

4. Assures protection of the health, safety and welfare of the general public

5. Assures that traffic, public utilities and drainage will not be adversely affected.

6. Assures protection from undue noise, lights, dust, fumes and/or noxious odors.

I. CONDITIONS: No Special Use Permit shall be granted unless the applicant, owner or grantee of the permit shall accept and agree to be bound by and comply with the terms of the Special Use Permit.

J. TIME LIMIT: A building permit shall be applied for and secured within one year from the date granting the Special Use Permit; however, if an extension is requested prior to the expiration of this one tear period, the City Council may authorize an extension of this time.

K. NOTE ON MAP: Final action of the City Council shall be noted as soon as practicable on the Official Zoning Map and on any other administrative copies as to the location of property and type of use permitted by each Special Use Permit granted.

SECTION XV. SEVERABILITY: If any section or part of any section or paragraph of this ordinance is declared invalid or unconstitutional for any reason, it shall not be held to invalidate or impair the validity, force, or effect of any other section or sections or part of a section or paragraph of this Ordinance.

SECTION XVI. PENALTIES: Any Lot owner, lessee, person, firm, partnership, association of persons, or corporation, or any agent or employee thereof, who shall allow any building structure or use to exist on a property in contradiction to any provision of this Ordinance shall be considered to have violated this Ordinance. Any such person or entity who shall violate any part of the rules, regulations or provisions of this Ordinance, shall be given 10 days after written notice from the City in which to comply with the violated provision as stated in the written notice. If the violation is not brought into compliance during the 10 day period mentioned above the party responsible and/or the lot owner shall upon conviction be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000.00) and each day that such violation continues shall be considered a separate offense and punishable accordingly. In addition to any fine imposed against lot owners and lessees such parties shall reimburse the City for any and all costs of compliance incurred by the City on the Lot owners behalf

SECTION XVII. SUPERCESSION: This Ordinance supersedes City of Converse Ordinance # 617 dated December 18th, 2001.

PASSED AND APPROVED THIS 4th day of April, 2006.

_____________________

Craig Martin, Mayor

ATTEST:

_____________________________

A.I. Hieronymus, City Secretary

APPENDIX A

DEFINITIONS - GENERAL

In this Ordinance the following terms shall be defined as follows:

ALLEY: An "alley^" is a public space or thoroughfare that affords only secondary means of access to property abutting thereon.

APARTMENT: An "apartment" is a room or suite of rooms in an apartment house arranged, designed or occupied as the residence by a single family, individual or group of individuals.

AREA OF THE LOT: The "area of the lot" is the net area of the lot and shall not include portions of streets and alleys.

AUTOMOBILE SERVICE STATION: An "automobile service station" is any premises used for supplying gasoline, oil, diesel and liquefied petroleum gases, at retail direct to the customer, including accessories and services for vehicles.

AUTOMOBILE AND TRAILER SALES AREA: An "automobile and trailer sales area" is an open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

BLOCK: A "block" is an area within the City enclosed by streets and/or major drainage ways or other natural obstacles.

BUILDING: Any structure built for the support shelter and enclosure of persons, animals, chattels and movable property of any kind.

BUILDING, ACCESSORY: An "accessory building" is: (a) in a residence or apartment district, a subordinate buildingattached or detached from the main building, without separate utilities, not used for commercial purposes and not rented or containing servants quarters, a storage room only for domestic storage only or space for one (1) or more automobiles; (b) in other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building.

BUILDING, DETACHED: A "detached building" is a building surrounded by yards or open spaces on the same building lot as the principal building.

BUILDING, FRONT OF: The "front of a building" is the side of the building most nearly parallel with and adjacent to the front of the lot on which it is situated.

BUILDING HEIGHT: "Building height" is the number of stories contained in a building and measured from ground level.

BUILDING LOT: A "building lot" is a single tract of land located within a single block which (at the time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership, or control. It shall front upon a street or approved place. Therefore, a "building lot" may not coincide with a lot of record. A "building lot" may be subsequently subdivided into two or more "building lots" subject to the provisions of this ordinance.

BUILDING, MAIN: A "main building" is a building in which it is conducted the principal use of the lot on which it is situated.

BUILDING SETBACK LINE: A "building setback line" is the rear line of a required front yard which is generally parallel to the street line forming the front lot line.

BUSINESS: A "business" includes retail, commercial and light industrial uses and districts as herein defined.

CITY: "City" shall refer to the appropriate city government office of the City of Converse, Texas governing or regulating such matters or items referred to in the respective section.

CLUB: A business that offers alcohol for sale by the drink and derives the majority of its revenue from alcoholic drink sales. The club may also provide and generate revenue from a variety of food and entertainment services.

COMMISSION: The word "commission" shall mean the Planning & Zoning Commission of Converse.

COURT: A "court" is an open, unoccupied space, bounded on more than two sides by the walls of the building.

COURT, INNER: An "inner court" is court entirely surrounded by the exterior walls of a building.

COURT, OUTER: An "outer court" is a court having one side open to a street, alley, yard or other permanently open space.

CHILD CARE FACILITY: A "child care facility" is a place where children are left for organized care or instruction. Facility to be used for three (3) or more children not of the same household as regulated by the State of Texas.

DEPTH OF REAR YARD: The "depth of the rear yard" is the mean horizontal distance between the rear line of a building, other than accessory building, and the rear lot line.

DEPTH OF THE LOT: The "depth of the lot" is the mean horizontal distance between the front and rear lot lines.

DISTRICT: A "district" is a section of the City of Converse, for which the regulations governing the area, height, or use of the buildings are uniform.

DRIVEWAY: A "driveway" is that area providing secondary access from a street to one or more dwelling units. Driveways may be paved with any appropriate material that provides an all-weather surface and may be of any appropriate width, but not less than ten (10) feet. Driveways may not be used for general circulation purposes.

DWELLING: A "dwelling" is a building or portion thereof, but not a house trailer, designed and used exclusively for residential occupancy, including one family dwellings, two-family dwellings₁and multiple-family dwellings, but not including hotels, motels, or lodging houses.

DWELLING, MULTIPLE-FAMILY: A "multiple-family dwelling" is a dwelling or group of dwellings on one plot containing separate living units for three or more families, but which may have joint services or facilities.

DWELLING, SINGLE-FAMILY: A "single-family dwelling" is a building containing only one dwelling unit and occupied by only one family.

DWELLING, SINGLE FAMILY ATTACHED: A "single-family attached dwelling" is two or more dwelling units with common walls between units.

DWELLING, TWO-FAMILY: A "two-family dwelling" is a detached house designed for and occupied exclusively as the residence of not more than two families, each living as an independent housekeeping unit. The phrase "two-family dwelling" and the word "duplex" are hereby defined to be synonymous for purposes of this ordinance.

DWELLING, TWO-FAMILY ATTACHED: A "two-family attached dwelling unit" means two dwelling units with a common wall between the units and under single ownership which may be attached by a common wall to other units.

DWELLING UNIT: A "dwelling unit" is one or more rooms, which are arranged, designed, used or intended to be used for occupancy by a single family or a group of persons living together as a family or by a single person. Individual bathrooms and complete single kitchen facilities of kitchens permanently installed are not necessarily provided. Each installation facility consisting of at least a stove or cooking device and a sink shall constitute a separate dwelling unit.

FAMILY: A "family" consists of one or more persons, each related to the other by blood_,marriage, or adoption.

FARM: A "farm" is an area of ten acres or more, which is used for the growing of the usual farm products such as vegetables, fruits, trees and grain and their storage in the area as well as the raising thereon of the usual 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, PRIVACY: A "privacy fence" is a visual barrier constructed to a height of not more than six (6) feet.

FRONTAGE: "Frontage" means all the property fronting on one (1) side of a street between the two nearest intersecting streets, or other natural barriers.

GARAGE, PRIVATE: A "private garage" is an accessory building or portion thereof in which not more than five (5) privately owned motor driven vehicles are stored by occupants of the premises, not more than one (1) of which may be a truck of not to exceed one (1) ton capacity.

GARAGE, PUBLIC: A "public garage" is a building or portion of a building used for repair or servicing of motor driven vehicles, or where motor driven vehicles are equipped for operation, or kept for hire or sale, but not including the open storage of trucks, trailers or vans

GREENHOUSE: A "greenhouse" is a building often artificially heated or cooled and used for the purposes of cultivating plants too tender to endure open air.

GROSS FLOOR AREA (GFA): "Gross floor area" (GFA) shall be measured by taking the outside dimensions of a building at each floor level.

GROSS LEASED AREA (GLA): "Gross leased area" (GLA) shall be the total floor area designed for both tenant occupancy and exclusive use, including both owned and leased areas.

HEIGHT: The "height" of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher, or, if no street grade has been established to the highest point of the roofs surface if a flat surface; to the decline of mansard roofs; and 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, elevator bulkheads, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height.

HOBBY SHOP: A "hobby shop" is an accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreation activities, none of which shall disturb the neighbors on either side or in the rear thereof, and in which no goods may be publicly displayed or advertised for sale; nor may any sign be used in connection therewith.

HOME OCCUPATION: A "Home Occupation" is an occupation which is carries on entirely within a family dwelling or accessory building thereto by a person using the premises as a private residences, which occupation is customarily performed at home, is not detrimental or injurious to other property or residents in the neighborhood, does not occupy more than twenty five per cent (25%) of the floor space of the building, does not involve a structural change in the building purely to accommodate the home occupation, and does require the employment of any person not a member of the family who does not reside on the premises. The following conditions and activities are prohibited in the family dwelling and accessory buildings as occupations for profit: retail business; manufacturing involving the operation of mechanical equipment not customarily used in a home; public display of goods, wares or merchandise for sale; beauty culture shops, plumbing shop; automobile painting; automobile repair; exterior storage of materials or equipment used in a home occupation visible to any neighboring property owners; pet grooming.

HOSPITAL: A "hospital" is an institute or place where sick or injured in-patients are given medical or surgical care either at public (charity) or private expense.

HOUSING PROJECT: A "housing project" is an area of three (3) or more acres arranged according to a site plan and to be submitted to and approved by the City Planning & Zoning Commission and the City Council on which is indicated the amount of land to be devoted to housing facilities, their arrangement thereon, together with the arrangement of access streets and alleys, and the entire area is to be zoned an "R-3" district upon the recommendation of the City Planning and Zoning Commission and the action of the City Council. The site plan shall indicate that all access streets, alleys, sidewalks, storm sewers, and utilities shall be provided as required by the City, and built in accordance with City specifications.

HUD-CODE MANUFACTURED HOME: means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode , is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).

KENNEL: A "kennel" is any lot or premises on which more than three (3) domestic or wild animals are boarded, raised for sale or otherwise maintained for other than the lot owner.

KINDERGARTEN: A "kindergarten" is a school for children of pre-school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. Must be licensed by the State of Texas.

LOADING SPACE: A "loading space" is a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of twelve (12) feet by thirty five (35) feet and a vertical clearance of at least fourteen (14) feet.

LOT: A "lot" is an undivided tract or parcel of land having frontage upon a public street.

LOT AREA: The "lot area" is the area of a horizontal plane intercepted by the vertical projections of the front, side and rear lots lines of a building lot.

LOT, CORNER: A "corner lot" is a lot situated at the intersection of two (2) or more streets.

LOT, INTERIOR: An "interior lot" is a lot other than a corner lot.

LOT LINES: "Lot lines" are the lines bounding a lot as defined herein.

LOT OF RECORD: A "lot of record" is 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 the County of Bexar, Texas) or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the County Clerk of Bexar County prior to the incorporation of the City.

LOT WIDTH: "Lot width" is the horizontal distance between the side lot lines, measured at right angles to the lot depth at the point midway between the front and rear lot lines.

MASTER PLAN: A periodically updated series of documents that unify all elements and aspects of planning. The master plan (comprehensive plan) is a policy guide to zoning and subdivision development decision making.

MOBILE HOME: A "mobile home" means a structure constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode , is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

NATURAL OR ARTIFICIAL BARRIER: means any river, pond_,canal_,rail-road, levee, embankment, fence or hedge.

NURSERY: A "nursery" is a place where trees, shrubs or flowering plants are raided from seed or otherwise in order to be transplanted or propagated.

OPEN SPACE: An "open space" is an area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.

OPEN STORAGE: "Open storage" is the storage of any equipment, machinery, commodities, raw, 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 (6) feet above ground level.

OWNER: refers to any owner of any lot or lots within the property.

PARKING SPACE: A "parking space" is a durably surfaced area enclosed or unenclosed, sufficient in size to stare one automobile together with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress. A "parking space shall not occupy any public land, such as the public right-of-way of a street or alley.

PERSON: means any natural individual, firm, trust, partnership association or corporation.

PUBLIC PARKING LOT: A "public parking lot" is any premise used for the purpose of parking motor vehicles for remuneration. No repairs or sales will be permitted on the premise.

SCREEN, ROOFTOP: A "rooftop screen" is a wall, barrier or other permanent material of character, density and acceptable design of sufficient height so that objects being screened are not visible from a site line of three hundred (300) feet at ground radius from each corner of the building. Such rooftop screening shall be continuously maintained.

SCREENING DEVICE: A "screening device" shall consist of a barrier of stone, brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density, and acceptable design, at least six (6) feet in height, where the solid area equals at least sixty five (65) per cent of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained

SERVANT'S QUARTER: A "servant's quarter" is an accessory building or portion of a main building located on the same lot as the main building and used as a living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

SHOPPING CENTER: A "shopping center" is an area consisting of three (3) or more acres arranged according to a site plan to be submitted to and to be approved by the City Planning and Zoning Commission and the City Council on which is indicated the amount of land to be devoted to the shopping village, the detailed arrangement of the various buildings, parking area, streets, and type of zoning desired. It shall require that the installation of all utilities, drainage structures, the paving of streets, parking area, alley and the installation of sidewalks be in accordance with the City of Converse specifications for each type of improvement.

SIGN: A ^"sign" is a display of a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution or business. A Sign is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A Sign shall not include a sign located completely within an enclosed building, nor holiday decorations, nor political campaign posters during the period of 90 days preceding an election until seven days following and election.

SPECIAL USE PERMIT: The purpose and intent of a Special Use Permit is to authorize and regulate a use not normally permitted in a district which could be of benefit in a particular case to the general welfare, provided adequate development standards and safeguards are established for such use. The City Council, after public hearing and proper notice to all parties affected and after recommendations by the Zoning Commission, may approve a Special Use Permit

STABLE, PRIVATE: A "private stable" is a stable with a capacity for not more than four (4) horses for use by a private individual (or family) or Members Only.

STABLE, PUBLIC: A "public stable" is a stable with a capacity for more than four. (4) horses for use by the general public.

STORY: A "story" is that part of a building between the surface of a floor and the ceiling immediately above.

STREET: A "street" is any thoroughfare or public driveway, other than an alley, and more than twenty (20) feet in width, which has been dedicated or deeded to the public for public use.

STREET LINE: A "street line" is a dividing between a lot, tract or parcel of land.

STRUCTURAL ALTERATION: A "Structural alteration"is any change in the supporting member of a building₁such as a bearing wall, column, beams or girders.

TOWNHOUSE: A "townhouse" is a building that has a one-family dwelling unit erected in a row as a single building, on adjoining lots, each being separated by any other building by space on all sides.

TOWNHOUSE DISTRICT: The "townhouse district" is composed only of townhouse dwellings which have walls in common. The district regulations are designed to protect the residential character of the areas by prohibiting commercial and industrial activities; to encourage a suitable neighborhood environment for family life, and to preserve the openness of the area, and the unique residential design of a townhouse, by requiring that certain minimum yard and area standards, and building construction standards be met.

TRAILER PARK OR MOBILE HOME PARK: A "trailer park" or "mobile home park" is an area designed arranged or used for the parking or storage of one or more auto trailers which are occupied or intended for occupancy as living quarters by individuals or families.

USE: The "use" of property is the purpose or activity for which the land, building, or structure thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of such activity with respect to the standards of this ordinance.

USE, NON-CONFORMING: A "non-conforming use" is the use of a building, structure, or land existing at the time of the enactment of this Ordinance, and which does not conform to the regulations of the district in which it is located.

USE, NON-SPECIFIED: A "non-specified" use is any use not specified in the Table of Uses, for which an individual chooses to file an application.

USE, PRINCIPAL: A "principal use" is the main use of land or buildings as distinguished from a subordinate or accessory use.

USED CAR LOT: A "used car lot" is a lot or portion of a lot to be used only for display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles or the storage of automobiles, or the storage of automobile parts.

UTILITY EASEMENT: A "utility easement" is an interest in land granted to the City, to the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over and under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.

YARD: A "yard" is an open space on the same building lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be used. A ''yard'' extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building lot is located.

YARD, COURT: A "court yard" is an open₁unoccupied space, bounded on more than two sides by the walls of a building. An inner court yard is a court yard entirely surrounded by the exterior walls of a building. An outer court yard is a court having one side open to a street, alley, yard, or other permanent open space.

YARD, FRONT: A "front yard" is a yard extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot and the main building or any projections thereof other than steps, planter box, and unenclosed porches.

YARD, REAR: A "rear yard" is a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, or unenclosed porches.

YARD, SIDE: A "side yard" is a yard extending along the side lot line from the front yard to the rear yard, being the minimum horizontal distance between any building or projections thereof except steps and the side lot line except for corner lots where the side lot line paralleling a right-of-way will extend from the front yard line past the rear of the principal building to the rear property line.

ZONING DISTRICT MAP: The "zoning district map" is the most current version of the map or maps incorporated into this Ordinance as provided by the City Engineer and the Planning & Zoning Commission.