CHAPTER 144, ZONING Table of Contents - City of New Braunfels

Zoning Ordinance- effective Nov. 6, 2006Table of Contents3.2 Regulations for all districts ....................................................................................................... 343.2-1 Use ........................................................................................................................... 343.2-2 Height ....................................................................................................................... 343.2-3 Area .......................................................................................................................... 343.2-4 Number of buildings on a lot or parcel ..................................................................... 343.3 Zoning Districts and Regulations for Property Zoned prior to June 22, 1987 .......................... 353.3-1 "R-1" single-family district. ........................................................................................ 353.3-2 "R-2" single-family and two-family district ................................................................ 383.3-3 "R-3" multifamily district. ........................................................................................... 403.3-4 "B-1'' conventional and mobile home district.. .......................................................... 483.3-5 "TH" townhouse residential district. .......................................................................... 533.3-6 "ZH" zero lot line home district ................................................................................. 553.3-7 "C-1" local business district ...................................................................................... 593.3-8 "C-2" general business district ................................................................................. 673.3-9 "C-3" commercial district .......................................................................................... 763.3-10 "C-4" resort commercial district .............................................................................. 863.3-11 "M-1" light industrial district .................................................................................... 953.3-12 "M-2" heavy industrial district ............................................................................... 1053.4 Zoning Districts and Regulations for Property Zoned subsequent to June 22, 1987 ............. 1183.4-1 "APD" agricultural/pre-development district ........................................................... 1183.4-2 "R-1A-43.5" single-family district ............................................................................ 1203.4-2 "R-1A-12" single-family district ............................................................................... 1233.4-2 "R-1A-8" single-family district ................................................................................. 1263.4-2 "R-1A-6.6" single-family district .............................................................................. 1293.4-3 "R-2A" single-family and two-family district.. .......................................................... 1323.4-4 "R-3L" multifamily low density district ..................................................................... 1363.4-5 "R-3H" multifamily high density district.. ................................................................. 1403.4-6 "B-1A" conventional and manufactured home district.. .......................................... 1443.4-7 "B-18" manufactured home park district ................................................................ 1463.4-8 "TH-A" townhouse residential district.. ................................................................... 1483.4-9 "ZH-A" zero lot line home district ........................................................................... 1513.4-10 "MU-A" low intensity mixed use district.. .............................................................. 1543.4-11 "MU-8" high intensity mixed use district ............................................................... 1643.4-12 "C-1A" neighborhood business district.. ............................................................... 1743.4-13 "C-1 8" general business district ........................................................................... 1793.4-14 "C-2A" central business district.. .......................................................................... 1853.4-15 "C-4A" resort commercial district ......................................................................... 1933.4-16 "C-48" resort facilities district ............................................................................... 2003.4-17 "C-0" commercial office district. ........................................................................... 2053.4-18 "M-1A" light industrial district.. .............................................................................. 2143.4-19 "M-2A" heavy industrial district.. ........................................................................... 2233.5 Planned Development Districts .............................................................................................. 2333.5-1 Purpose .................................................................................................................. 2333.5-2 Application .............................................................................................................. 2333.5-3 Base district ............................................................................................................ 2333.5-4 District plans and requirements ............................................................................. 2333.5-5 Concept plan requirements .................................................................................... 2333.5-6 Detail plan requirements ........................................................................................ 2343.5-7 Phasing schedule ................................................................................................... 2353.5-8 Approval of district. ................................................................................................. 2353.5-9 Planning Commission approval of detail plan ........................................................ 2353.5-10 Expiration of detail plan ........................................................................................ 236U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxbJ:\PiaAAiAgiZaAiAO OFdiAaAsellaAiAO FavisiaAs~ Page2)

Zoning Ordinance- effective Nov. 8, 2006Table of Contents5.22 Temporary Vending Operations ........................................................................................... 3445.22-1 Applicability .......................................................................................................... 3445.22-2 Permit and Fee ..................................................................................................... 3445.22-3 Merchandise ......................................................................................................... 3445.22-4 Time ..................................................................................................................... 3445.22-5 Parking ................................................................................................................. 3445.22-6 Location ................................................................................................................ 3445.22-7 Setbacks ............................................................................................................... 3455.22-8 Refuse .................................................................................................................. 3455.22-9 Fire Extinguisher .................................................................................................. 3455.22-10 Noises ................................................................................................................ 3455.22-11 Codes and Ordinances ...................................................................................... 3455.22-12 Restroom Facilities ............................................................................................. 3455.22-13 Utilities ................................................................................................................ 3455.22-14 Maximum number ofVendors ............................................................................ 3455.22-15 Food Establishments .......................................................................................... 3455.22-16 Storage of Inventory ........................................................................................... 3455.22-17 Use of Vehicles for Vending ............................................................................... 3455.22-18 Signage .............................................................................................................. 3455.22-19 Downtown Vending ............................................................................................ 3455.22-20 Provision of Recreational Activities .................................................................... 3465.22-21 Special Events ................................................................................................... 3465.22-22 Application Procedures ...................................................................................... 3465.22-23 Application Elements .......................................................................................... 3465.22-24 Penalties ............................................................................................................ 3465.22-25 Appeal Procedures ............................................................................................. 3475.23 Temporary Mobile Storage Units .......................................................................................... 3485.23-1 Applicability .......................................................................................................... 3485.23-2 Permit and Fee ..................................................................................................... 3485.23-3 Time ..................................................................................................................... 3485.23-4 Parking ................................................................................................................. 3485.23-5 Location ................................................................................................................ 3485.23-6 Screening ............................................................................................................. 3485.23-7 Setbacks ............................................................................................................... 3485.23-8 Codes and Ordinances ........................................................................................ 3485.23-9 Utilities .................................................................................................................. 3485.23-10 Maximum Number of Temporary Storage Units ................................................ 3485.23-11 Signage .............................................................................................................. 3485.23-12 Application Procedures and Elements ............................................................... 3485.23-13 Penalties ............................................................................................................ 3495.23-14 Appeal Procedures ............................................................................................. 3495.24 Heliports and Helistops ........................................................................................................ 3505.24-1 Applicability .......................................................................................................... 3505.24-2 Permit and Fee ..................................................................................................... 3505.24-3 Parking ................................................................................................................. 3505.24-4 Location ................................................................................................................ 3505.24-5 Setbacks from Property Lines .............................................................................. 3505.24-6 Approach and Departure Paths ........................................................................... 3505.24-7 Codes and Ordinances ........................................................................................ 3505.24-8 Landingrrakeoff Area ........................................................................................... 3505.24-9 Signage ................................................................................................................ 3505.24-10 Lighting ............................................................................................................... 350U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgl£aRiRg GFEiiRaRseiZaRiRg FavisiaRs2Q.1.4..Eias Page 5)

)Zoning Ordinance- effective Nov. 8, 2006Table of Contents5.24-11 Minimum Separation .......................................................................................... 3505.24-12 Hospital Helistop ................................................................................................ 3505.24-13 Application Procedures ...................................................................................... 3505.24-14 Penalties ............................................................................................................ 3515.24-15 Appeal Procedures ............................................................................................. 351Sec. 6. Penaltv. Page 3536.1 Genera/ ................................................................................................................................... 3536.2 Minimum Fine ......................................................................................................................... 3536.3 Court Action or Proceedings .................................................................................................. 353List of Figures. illustrations and Images.Figure 1 -Types of Lots ................................................................................................................. 14Figure 2- Lot width, area and depth, and building setbacks ......................................................... 15Figure 3- Map of area exempt from required number of parking spaces ................................... 272Illustration 1 - Distance between multifamily (low density) structures ...........................................46Illustration 2- Distance between multifamily (high density) structures ........................................ 138Illustration 3-Zero lot line ........................................................................................................... 153Illustration 4-90 degree parking layout ...................................................................................... 274Illustration 5-60 degree parking layout ...................................................................................... 274Illustration 6- 45 degree parking layout ...................................................................................... 275Illustration 7-30 degree parking layout ...................................................................................... 275Illustration 8- Residential garage setbacks ................................................................................. 277Illustration 9- Landscaping requirements- rear parking lot ....................................................... 299Illustration 10 - Landscaping requirements- front parking lot .................................................... 300Illustration 11 -Sight distance and visibility triangle- uncontrolled street .................................. 301Illustration 12- Sight distance and visibility triangle- controlled street ...................................... 301Illustration 13- Fences within drainage easements .................................................................... 313Illustration 14- Light fixture setback/shielding program .............................................................. 315Illustration 15- Sight distance and visibility triangle- uncontrolled street .................................. 334Illustration 16- Sight distance and visibility triangle- controlled street ...................................... 334)Image 1 -Horizontal (or Depth) Articulation Examples ............................................................... 337Image 2- Conceptual Example of Horizontal (or Depth) Articulation .......................................... 338Image 3- Vertical (or Height) Articulation Examples ................................................................... 339Image 4- Conceptual Example of Vertical (or Height) Articulation ............................................. 340Image 5- Sight Line Example ..................................................................................................... 342Exhibit "A"- Map of Special Neighborhood District 1 (SND 1) .................................................... 244U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAg\leAiAg Or~iAaAse\leAiAg re•JisieAs~ Page6)

)Zoning Ordinance- effective Nov. 8, 2006Sec.1CHAPTER 144, ZONINGSec. 1. General Provisions.1.1 Purpose. The purpose of this Chapter is to zone the entire area of the city limits of the City ofNew Braunfels and the districts in accordance with a comprehensive plan for the purpose of promotinghealth, safety, and the general welfare of the public. The regulations and districts herein have beenestablished in accordance with Chapter 211 of the Texas Local Government Code and have beendesigned to lessen congestion in the streets; to provide safety from fire, panic, and other dangers; toprovide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration ofpopulation, and to provide and facilitate adequate provisions for transportation, water, sewerage, schools,parks and other public requirements. Said districts have been established with reasonable considerationfor the character of the district and its peculiar suitability for the particular uses, and with the view ofconserving the value of buildings and encouraging the most appropriate use of land throughout thecommunity.1.2 Zoning maps.1.2-1. Zoning map of districts created prior to June 22, 1987. Boundaries of the districtsas enumerated in Section 3.1-1 of this Chapter are hereby established and adopted onthe zoning map of the City of New Braunfels prepared as a result of the master planupdate in 1977. Such zoning map and all notations, references and other informationshown on such zoning map are as much a part of this Chapter as if the matters andinformation set forth by such maps were all fully described herein.1.2-2. Zoning map of districts created effective June 22, 1987. Boundaries of the districtsas enumerated in Section 3.1-2 of this Chapter are hereby established and adopted onthe zoning map of the City of New Braunfels. Such zoning map and all notations,references and other information shown on such zoning map are as much a part of thisChapter as if the matters and information set forth by such map were all fully describedherein.1.2-3. Official zoning maps. Zoning maps shall be filed in the Planning Department foruse of the public and for observation in issuing building permits, certificates of occupancyand for enforcing this Chapter.It shall be the duty of the Planning Department to maintain both maps up-to-date byposting thereon all changes and subsequent amendments.1.2-4. Written verification of the zoning classification. Written verification of the zoningclassification in which any property has been placed may be given only upon payment ofa zoning verification fee of $10.00 to the Planning Department.1.2-5. Boundaries. When definite distances in feet are not shown on the zoning districtmaps, the district boundaries are intended to be along existing streets, alleys or plattedlot lines, or extensions of the same, and if the exact location of such lines is not clear, itshall be determined by the Planning Director with due consideration being given tolocation as indicated by the scale of the zoning district maps.1.2-6. Street or alley deviations. When streets or alleys on the ground differ from thestreets or alleys as shown on the zoning district maps, the Pl(!nning Director may applythe district designations on the map to the street or alleys on the ground in such manneras to conform to the intent and purpose of this Chapter.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:'PiaAAiAQIZeAiR!I OreiAaAse\leAiAQ re•JisieAs~ Page7)

)Zoning Ordinance- effective Nov. 8, 2006Sec.11.3 Definitions.1.2-7. Zoning district boundaries and vacant streets or alleys. Whenever any street oralley is vacated, the particular district in which the adjacent property lies shall beautomatically extended to the centerline of any such street or alley.For the purpose of this Chapter, certain words and terms as use'd herein are defined as follows:Words used in the present tense include the future; words in the singular number include theplural, and vice versa; the word "building" includes the word "structure;" the word "shall" ismandatory and not directory; the term "used for" includes the meaning "designed for" or "intendedfor."-.--f.c;c_e_~§f!ry_D_~e!f~ng,A separate,_co.~.plete h?us~keeping unit with a separate entr~nce. ~>-.;.- {l=~rmatted: Fo;:;t~~~-;-6;;------ -- --ik1tchen.-slee01ng area. and full bathroom fac1ht1es. wh1ch 1s an attached or detached extens1on to ' ' --~~-~~~~~~~--~~~an existing single-family structure./\ d•Nelling unit that is secendal)' te and located up en the same _ '', ~~:~: Indent: Left: 0.5'', No bullets or ;leh3s-apefSGA&principal d•Nelling unit. The occupancy ef the accessory dwelling unit shall ee limited te.. '', ''(iimatted: F~~t~;;;--;;:~~--~-----··---~------=j, , , : i Formatted:F~~t~~~=~~===:-·--_:=:::-j~ •.vhe are related 9y 91eed er adeptien te the 9GGUpants ef the principal d•Nelling Unit. Formatted: Indent: Left: 0.5'', No bullets or .numberingAccessory Structure Aeeessery building or use A subordinate building having a usecustomarily incident to and located on the lot occupied by the main building; or a use customarilyincident to the main use of the property.Alley A minor public right-of-way, not intended to provide the primary means of access toabutting lots, which is used primarily for vehicular service access to the back or sides ofproperties otherwise abutting a street.)Alternative tower structure shall mean clock towers, bell steeples, light poles, and similaralternative -design mounting structures.Amusement devices/arcade (also video arcade). Any building, room, place or establishment ofany nature or kind, and by whatever name called, where more than ten percent (10%) of thepublic floor area is devoted to four (4) or more amusement devices that are operated for a profit,whether the same is operated in conjunction with any other business or not, including but notlimited to such Amusement devices as coin-operated pinball machines, video games, electronicgames, shuffle boards, pool tables or other similar Amusement devices. However, the term"amusement device", as used herein, shall not include musical devices, billiard tables which arenot coin-operated, machines that are designed exclusively for small children, and devicesdesigned to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.Amusement services (indoors). An amusement enterprise that is wholly enclosed within abuilding which is treated acoustically so that noise generated by the enterprise is not perceptibleat the bounding property line, and that provides activities, services and instruction for theentertainment of customers or members, but not including amusement arcades. Uses mayinclude, but are not limited to, the following: bowling alley, ice skating rink, martial arts club,racquetball or handball club, indoor tennis courts or club, indoor swimming pool or scuba divingfacility, and other similar types of uses.Amusement services (outdoors). An amusement enterprise offering entertainment or games ofskill to the general public for a fee wherein any portion of the activity takes place outdoors andincluding, but not limited to, a golf driving range, archery range, miniature golf course, battingcages, go-cart tracks, amusement parks, and other similar types of uses.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\Pianning\Zening OFdinanse\Zening Fe>Jisiens~ PageS}

)Zoning Ordinance- effective Nov. B, 2006Sec.1Antenna shall mean any exterior apparatus designed for telephonic, radio, or televisioncommunication through the sending and/or receiving of electromagnetic waves.Apartment. A room or a suite of rooms within an apartment house arranged, intended, ordesigned for a place of residence of a single family, individual, or group of individuals.Apartment house. Same as "Multifamily dwelling."Artist studio. A work space for artists or artisans, including individuals practicing one of the finearts or skilled in an applied art or craft.Assembly Hall A building or portion of a building in which facilities are provided for civic,educational, political, religious, or social purposes ..A_ttlc_'[h_e_a!e_a_b_etV'{_e~r:! ~0.9f f!a_mj~g_ a_n~ Jl'!.e_ c~~ir:!g_ ~f Jh_e_rQ~~s_ ~e!o~_ t~~t ls_ n_o! ~a_blt~bJe_, !>'=!t_ ~-

Zoning Ordinance- effective Nov. 8, 2006Sec.1Building A structure enclosed within exterior walls. built. erected and framed of a combinationof materials. whether portable or fixed. having a roof. to form a structure for the shelter of ------------------------persons. animals. or property.Bulk storage. Bulk storage of gasoline and flammable liquids (except liquefied petroleum gas)shall be any aboveground tank for storage of subject liquids which exceeds 500 gallons watercapacity, or any facility for which the total aggregate capacity of belowground storage tanks shallexceed 50,000 gallons. Bulk storage of liquefied petroleum gas shall be any facility for which thetotal aggregate capacity of storage tanks (including truck and/or trailer tanks) exceeds 2,000gallons water capacity.Cabin A small one storv house built and designed for temporary use.+---{Formatted:~~~ Left: o5;;-------JCemeterv Land used or intended to be used for the burial of the dead and dedicated forcemetery purposes including columbarium's, crematoriums. mausoleums, and funeralestablishments. when operated in conjunction with and within the boundary of such cemetery.,.._-- ~rmatted: Indent; Left: 1"Child day care (business). A commercial children's nursery business or place designed for the ---care or training of unrelated children for less than 24 hours a day.JChurch/place of worship. A building for regular assembly for religious worship which is usedprimarily and designed for such purpose and those accessory activities which are customarilyassociated therewith, and the place of residence for ministers, priests, nuns or rabbis on thepremises, that is tax exempt as defined by State law. For the purposes of this Chapter, Biblestudy and other similar activities which occur in a person's primary residence shall not apply tothis definition.Civic organization. A civic organization is a group of people who hold regular meetings and worktowards a common goal. Examples of such civic organizations include, but are not limited to,women's and men's clubs, Kiwanis (and other philanthropic groups), and business associations.Clinic A facility providing medical. psychiatric. or surgical service for sick or injured personsexclusively on an out-patient basis, including emergency treatment. diagnostic services, training,administration, and services to outpatients, employees, or visitors. The term "clinic" includesimmediate care facilities, where emergency treatment is the dominant form of care provided atthe facility.Club Private Buildings and facilities owned or operated by a corporation, association, person, orpersons for a social. educational, or recreational purpose. but not primarily for profit which inuresto any individual and not primarily to render a service which is customarily done as a business.Common open space. Common open space is private property under common ownership,designated as recreation area, private park (for use of property owners within the subdivision),play lot area, or ornamental areas open to general view.Community home. A place where not more than six (6) physically or mentally impaired orhandicapped persons are provided room and board, as well as supervised care and rehabilitationby not more than two (2) persons as licensed by the Texas Department of Mental Health andMental Retardation (also see Chapter 123 of the Human Resources Code - Community homesfor Disabled persons Location Act). The limitation on the number of persons with disabilitiesapplies regardless of the legal relationship of those persons to one another.U:\Pianninq\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:\PiaRRiR~I£aRiA~ OmiABAGeiZaAiA~ FevisiaAs~ Page10}

Zoning Ordinance- effective Nov. 8, 2006Sec.1Condominium. A form of real property with portions of the real property designated for separateownership or occupancy, and the remainder of the real property designated for commonownership or occupancy solely by the owners of the portions. Real property is a condominiumonly if one or more of the common elements are directly owned in undivided interests by the unitowners. Real property is not a condominium if all of the common elements are owned by a legalentity separate from the unit owners, such as a corporation, even if the separate legal entity isowned by the unit owners.Conforming In compliance with the regulations of the pertinent zoning district.Contractor's office/sales (with outside storage). A building, part of a building, or land area forthe construction or storage of materials, equipment, tools, products, and vehicles.Contractor's Shop An establishment used for the indoor repair. maintenance, or storage of a.-- - - ~matted: Indent: L~ft:o.s",Fi~ti~;G;=:Jcontractor's vehicles, equipment. or materials, and may include the contractor's business office. ---~---------------------------Contractor's Storage Yard An unenclosed portion of the lot or parcel upon which a constructioncontractor maintains its principal office or a permanent business office. Designation of the lot orparcel as a contractor's storage yard would allow this area to be used to store and maintainconstruction equipment and other materials customarily used in the trade carried on by theconstruction contractor. If permitted to be used in this manner, the entire lot or parcel would thenbe classified as a "contractor's storage yard" and will be required to conform to all applicablezoning district standards and other legislative regulations.Convenience Store With (or Without) Gasoline Sales. Retail establishment selling food for offpremisesconsumption and a limited selection of groceries and sundries, including possiblygasoline, if pumps are provided. Does not include or offer any automobile repair services.,Countrt. Club Land area and buildings containing golf courses, recreational facilities. a __ - ~matted_:_F;;-~;~B;;ict:r;i - - -- --~clubhouse. and other customarv accessory uses. which is open only to members and their -~--~-~-~--------- ·--- - ______ _,~guests.

)Zoning Ordinance- effective Nov. 8, 2006Sec.1Developer. An individual, partnership, corporation or governmental entity undertaking thesubdivision or improvement of land and other activities covered by this Chapter, including thepreparation of a subdivision plat showing the layout of the land and the public improvementsinvolved therein. The term "developer'" is intended to include the term "subdivider", even thoughpersonnel in successive stages of a project may vary.Development. The construction of one or more new buildings or structures on one or morebuilding lots, the moving of an existing building to another lot, or the use of open land for a newuse. "To develop" shall mean to create development.Distance Between Buildings The shortest horizontal distance between the vertical walls of twostructures.Drive-through An establishment that dispenses products or services to patrons who remain invehicles.Duplex A building designed as a single structure. containing two separate living units, each ofwhich is designed to be occupied as a separate permanent residence for one family or in twoseparate structures on one lot.IJupleJE. A building with a sam men wall between d·Nellings whish isarranged, intended, er designed far essu13ansy by l.v>'e families living inde13endently ef eash etherin an attashed strusture er in 1\ve se13arate strustures en one let.Dwelling A building or structure or portion thereof designed for occupancy by one family forresidential purposes as a single house-keeping unit. In no case shall a motor home, trailer coach,automobile chassis. tent. or portable building be considered a dwelling./Jw~Hing. A building er130rtien thereof, designed exslusi•iely far residential essu13ansy, insluding one family, twa family,and multifamily d•Nellings, but net ineluding bearding and lodging houses, a13artment hotels,hotels, tourist seurts and motels.FAA shall mean the Federal Aviation Administration.Fafade. A side of a building or accessory structure which consists of a separate architecturalelevation as viewed horizontally from the ground, street or other nearby location. The area of afacade is defined by the outer limits of all of its visible exterior elements. Separate faces of abuilding oriented in the same direction or within 45 degrees of each other are considered part ofthe same facade.Family. Two or more persons who are related by blood, marriage, adoption or guardianship,living together and occupying a single housekeeping unit with single kitchen facilities, or a groupof not more than five persons living together by joint agreement and occupying a singlehousekeeping unit with single kitchen facilities, on a nonprofit, cost-sharing basis.Family home (adult care in place of residence). A facility that regularly provides care in thecaretaker's own residence for not more than six adults at any given time. No outside employmentis allowed at the facility. This facility shall conform to Chapter 42 of the Human Resources Codeof the State of Texas, as amended, and in accordance with such standards as may bepromulgated by the Texas Department of Human Resources.Family home (child care in place of residence). A facility that regularly provides care in thecaretaker's own residence for not more than six children under 14 years of age, excluding thecaretaker's own children, and that provides care after school hours for not more than sixadditional elementary school siblings of the other children given care. However, the number ofchildren, including the caretaker's own, provided care at such facility shall not exceed 12 at anygiven time. No outside employment is allowed at the facility. This facility shall conform toU:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'PiaAAiAg\laAiAg OFdiAaAse\laAiAg revisiaAs~ Page12}

Zoning Ordinance- effective Nov. 8, 2006Sec.1Chapter 42 of the Human Resources Code of the State of Texas, as amended, and inaccordance with such standards as may be promulgated by the Texas Department of HumanResources.FCC shall mean the Federal Communications Commission.Floodplain. An area of land that is subject to a one percent or greater chance of flooding in anygiven year, based on developed conditions existing as of the date a development application isaccepted for filing, and not based on projected or anticipated future build-out for a watershed.Frontage. Lineal distance measured along all abutting street rights-of-way.Garage, detached. A private garage wholly separated and independent of the principal building.Garage, public. A building or portion thereof, designed or used for the storage, sale, hiring, careor repair of motor vehicles, which is operated for commercial purposes.Governing authority shall mean the City Council of the City of New Braunfels, Texas.Gross floor area The total area of a building measured by taking the outside dimensions of thebuilding at each floor level intended for occupancy or storage.Group home. A group home means a place that provides care for children in accordance withchapter 42 of the Texas Human Resources Code. For city regulatory purposes, the followingdefinitions from chapter 42 of the Texas Human Resources Code will be considered a grouphome.Agency foster group home. An agency foster group home means a facility that providescare for seven to 12 children for 24 hours a day, is used only by a licensed child-placingagency, and meets department standards.Foster group home. A foster group home means a child-care facility that provides carefor seven to 12 children for 24 hours a day.Health Care Facilitv Any facility. place. or building maintained and operated to provide medicalcare. Health care facilities include but are not limited to hospitals. nursing homes, intermediatecare facilities. clinics. and home health agencies, all of which are licensed by the statedepartment of health services and defined in the Texas Health and Safety Code.Heavy load vehicle. A self-propelled vehicle having a manufacturer's recommended GrossVehicle Weight (GVW) of greater than 16,000 pounds (including trailers), such as largerecreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses,vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy loadvehicle" unless specifically stated otherwise.Heavy machinery sales and storage. A building or open area used for the display, sale, rentalor storage of heavy machinery, tractors or similar machines, or a group of machines whichfunction together as a unit.Height. The vertical distance of a structure measured from the average elevation of the finishedgrade surrounding the structure to the highest point of the structure.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'.PiaAAiAgiZaAiAg OraiAaAse\ZaAiAO re\•isieAs~ Page13)

Zoning Ordinance- effective Nov. 8, 2006Sec.1Height, tower, shall mean, when referring to a tower or other structure, the distance measuredfrom the natural ground level to the highest point on the tower or other structure, even if saidhighest point is an antenna.Heliport. An area of land or water or a structural surface that is useg, or intended for use, for thelanding and taking off of helicopters, and any appurtenant areas that are used, or intended foruse, for heliport buildings and other heliport facilities.Helistop. The same as a "Heliport", except that no fueling, defueling, maintenance, repairs, orstorage of helicopters is permitted.Helistop, Hospital.A helistop limited to serving helicopters engaged in air ambulance.Home occupation. An occupation carried on in a dwelling unit, or in an accessory building to adwelling unit, by a resident of the premises, which occupation is clearly incidental and secondaryto the use of the premises for residential purposes.Hospital, general. An institution providing primary health services and medical or surgical care topersons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormalphysical or mental conditions and including , as an integral part of the institution, related facilities,such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.Hospital, rehabilitation. An establishment that offers services, facilities, and beds for more than24 hours for two or more unrelated individuals who are regularly admitted, treated, anddischarged and who require services more intensive than room, board, personal services, andgeneral nursing care; has clinical laboratory facilities, diagnostic x-ray facilities, treatmentfacilities, or other definitive medical treatment; has a medical staff in regular attendance; andmaintains records of the clinical work performed for each patient.Hotel. A facility offering transient lodging accommodations to the general public.Household. Five or fewer people not a family or a family living together in a single dwelling unit,with common access to and common use of all living and eating areas and all areas and facilitiesfor the preparation and serving of food within the dwelling unit. See also the definition of Family.HUD-code manufactured home. A structure constructed on or after June 15, 1976 according tothe rules of the United States Department of Housing and Urban development, transportable inone or more sections, which, in traveling mode, is eight body feet or more in width or 40 body feetor more in length, or, when erected on-site is 320 or more square feet, and which is built on apermanent chassis and designed to be used as a dwelling with or without a permanent foundationwhen connected to the required utilities, and includes the plumbing, heating, air conditioning, andelectrical systems.Industry. heavy. Uses engaged in the basic proce~singand manufacturing. of materials or+--- {~;;;.;tt;~;~r~~~t:L.-;ft::~O.S",Fir;tli~~:~o;;··'products predominately from extracted or raw matenals, or a use engaged tn storage of. or . m-m~w~ -- • mm __)manufacturing processes using flammable or explosive materials. or storage or manufacturingprocesses that potentially involve hazardous conditions. "Heavv industrv'' shall also mean thoseuses engaged in the operation. parking, and maintenance of vehicles. cleaning of equipment orwork processes involving solvents, solid waste or sanitarv waste transfer stations, recyclingestablishments. truck terminals, public works yards, and container storage.Industry, light A use that involves the manufacturing, production, processing, fabrication,assembly, treatment. repair, or packaging of finished products. predominantly from previouslyU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU :\PiaAAiAgiZeAiAg OFdiAaAse\ZeAiAg re•;isieAs~ Page14)

Zoning Ordinance- effective Nov. 6, 2006Sec.1prepared or refined materials (or from raw materials that do not need refining). Warehousing.wholesaling. and distribution of the finished products produced at the site is allowed as part of thisuse.lndustrv. medium Enterprises in which goods are generally mass produced from raw materials+- - - ~atted: Indent: Left: o~s;;~Fi~;(jj;:;-~:-a.·--Jon a large scale through use of an assembly line or similar process. usually for sale to -----------··-······- ······-······-·---··-wholesalers or other industrial or manufacturing uses. Medium industry produces moderateexternal effects such as smoke. noise. soot. dirt. vibration. odor. etc.Junkyard or Automotive wrecking and salvage yard. An outdoor place where a person storesthree or more vehicles for the purpose of dismantling or wrecking the vehicles to remove parts forsale or for use in automotive repair or rebuilding.Kennel The boarding. breeding. raising. grooming. or training of two or more dogs. cats. or otherhousehold pets of any age not owned by the owner or occupant of the premises. and/or forcommercial gain.Kiosk (Providing a Service). A small, free-standing, one-story accessory structure having amaximum floor area of one hundred (100) square feet and used for retail purposes, such asautomatic teller machines or the posting of temporary infonnation or posters, notices andannouncements. If a kiosk is to be occupied, it shall have a minimum floor area of 50 squarefeet.Kitchen Any room or portion of a room within a building designed and intended to be used for the+--- {!ormatted: Indent: i_~ft:o.S.-cooking or preparation of food. ----·--·- --·····-··-··-,--~--JLaboratorv. support A facility for scientific laboratory analysis of natural resources. medicalresources. and manufactured materials. The scientific analysis is generally performed for anoutside customer. to support the work of that customer. This category includes environmentallaboratories for the analysis of air, water. and soil: medical or veterinary laboratories for theanalysis of blood. tissue. or other human medical or animal products. Forensic laboratories foranalysis of evidence in support of law enforcement agencies would also be included in thiscategory.Lot. A parcel of land occupied or to be occupied by one building, or group of buildings, and theaccessory buildings or uses customarily incident thereto, including such open spaces as arerequired under this Chapter.Lot, corner. A lot abutting upon two or more streets at their intersection. A corner lot shall bedeemed to front on that street on which it has its least dimension.Lot coverage. See Coverage, Lot.Lot depth. The length of a line connecting the midpoints of the front and rear lot lines.Lot, double frontage. Any lot, not a corner lot, with frontage on two streets that are parallel toeach other or within 45 degrees of being parallel to each other.Lot frontage. The length of street frontage between property lines.Lot, interior. A lot whose side lines do not abut upon any street.Lot lines. The lines bounding a lot as defined herein.Lot line, front. The boundary between a lot and the street on which it fronts.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAO~AiAg 0F~iAaAeel;1:aAiAO reuisiaAs2Q.1.-1..,doo Page 15)

)Zoning Ordinance- effective Nov. 8, 2006Sec.1Lot line, rear. The boundary line which is opposite and most distant from front street line; exceptthat in the case of uncertainty the Planning Director shall determine the rear line.Lot line, side. Any lot boundary line not a front or rear line thereof. A side line may be a part lotline, a line bordering on an alley or place or a side street line.Lot, through. An interior lot having frontage on two streets.Lot width. The horizontal distance between side lines, measured at the front building line, asestablished by the minimum front yard requirement of this Chapter.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OrdiRaRse\leRiRg FevisieRs~ Page16lI

Zoning Ordinance- effective Nov. 8, 2006Sec.1TYPES OF LOTSFIGURE 1.... ~

Zoning Ordinance- effective Nov. 8, 2006Sec.1l FrortYard jl., !ili.!£ii'lll_!!le _ _i·~ L.otVI>lctth ~I·-···-··J(A)~f Frort Yard \~ L1ltV\>ldlh ~·I'----- Ij 8ui1dinglineIIIIi_ ____ _(B)L1ltV\>ldlh!\ I\ iI\ I\ \________ !'II(C)streetLOT WIDTHstreetalley(A)LOT AREAAND DEPTH(B)lol'"'' may bldudeeasemert:s: on lat.-Building26Ft. Frontlw1§.Frontlotllne1~FrontY;nd"'"'"BUILDING SETBACKSFigure 2U:\Piannjnn'Zonjnq Ordjoanr_e\Amendments 2012\Zonjnq revisions 2012 dncx' '·'P'anning' 7 oqiog Ordjpgpgs\Zasieg rm·isions~ Page18)

~~-,---~----~---------------------·~--~m•-••-----••----)Zoning Ordinance- effective Nov. B, 2006Sec.1Manufacturing, light The manufacture. predominantly from previously prepared materials. offinished products or parts. including processing. fabrication. assembly. treatment and packagingof such products. and incidental storage. sales. and distribution of such products. but excludingbasic industrial processing and custom manufacturing.Medical facilities:~-·-----··---·----·-····-··--·-·+- - - eel: Indent: Left: 0.5"JMedical clinic or office. A facility or group of offices for one or more physicians for theexamination and treatment of ill and afflicted human outpatients provided that patientsare not kept overnight except under emergency conditions.Dental office ordooteFsdoctor's office. Same as medical clinic.Hospital. (see definitions of Hospital, general and Hospital, rehabilitation.Sanitarium. An institution providing health facilities for inpatient medical treatment ortreatment and recuperation making use of natural therapeutic agents.Mini-warehouse/self-storage. Small individual storage units for rent or lease, restricted solely tothe storage of items. The conduct of sales, business or any other activity within the individualstorage units, other than storage, shall be prohibited.Mobile home. A structure that was constructed before June 15, 1976, transportable in one ormore sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet ormore in length, or, when erected on-site is 320 or more square feet, and which is built on apermanent chassis designed to be used as a dwelling with or without a permanent foundationwhen connected to the required utilities, and includes the plumbing, heating, air conditioning, andelectrical systems./\ moeile home shall not ee 13ermitted to ee 13laced, 13arked or stoFed in any zoned district exce13tB 1, C a, M 1, M 2, B 1A or B 1 B. For the j:lUFj:loses of this suesection a moeile home is still amoeile home if not used as a dY.'elling or if the 13lumeing or heating or air conditioning or electricalsystems ha•Je seen Femoved.Manufactured home community. A unified development of home spaces restricted tomanufactured home use, with community facilities and permitted permanent buildings; thisdevelopment being located on a single tract of land under one ownership and meeting therequirements of all applicable Chapters.Manufactured home subdivision. Any parcel of land changed, resubdivided or rearranged intotwo or more parts, for the purpose of accommodating the location of manufactured homesthereon.Microb~ew~rv -~ f~cility forte pr~d~cti~n and pa~aging_ of m~l~ beverag~s o~ low alcoh~~c +- - - ~.':l11~ttec:I:Ind~nt:~ef! o:s" ..content or 1stn ubon. reta1 . or w o esa e. on oro prem1se. Wit a capac1tv o not more an15.000 barrels per year. The development may include other uses such as a standard restaurant.bar or live entertainment as otherwise permitted in the zoning district.. ..... )Multifamily dwelling. A building or portion thereof, arranged, intended, or designed foroccupancy by three or more families, being separate quarters and living independently of eachother. Multifamily also means more than three or more dwelling units on a single lot or parcel,whether attached or detached.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRQ'-l9RiRQ OfdiRaRseiZGRiRQ f8'Jisicms~ Page19)

)Zoning Ordinance- effective Nov. 8, 2006Sec.1Nonconforming use. A use, building or yard which does not, by reason of design, use, ordimensions conform to the regulations of the district in which it is situated. It is a legalnonconforming use if established prior to passage of this Chapter, and an illegal nonconforminguse if established after the passage of this Chapter and not otherwise approved as providedherein.One family dwelling. A detached building arranged, intended, or designed for occupancy by onefamily.Parking space. Space for the parking or temporary storage of one motor vehicle, not on a publicstreet or alley, having a driveway connecting the parking space with a street or alley permittingfree ingress and egress without encroachment on the street or alley.Pavement. permeable A pavement system with traditional strength characteristics. but whichallows rainfall to percolate through it rather than running off. A permeable pavement systemutilizes either porous asphalt. pervious concrete. or plastic pavers interlaid in a running bondpattern and either pinned or interlocked in place. Porous asphalt consists of an open gradedcoarse aggregate held together by asphalt with sufficient interconnected voids to provide a highrate of permeability. Pervious concrete is a discontinuous mixture of Portland cement. coarseaggregate. admixtures. and water which allow for passage of runoff and air.Pawn shop. An establishment where money is loaned on the security of personal propertypledged in the keeping of the owners. The retail sale of primarily used items is also allowed,provided that the sale of such items complies with local, State and Federal regulations.Person. The word "person" when used in this Chapter shall, for the purpose of this Chapter,mean every natural person, firm, partnership, association, corporation or society, and the term"person" shall include both singular and plural, and the masculine shall embrace the femininegender.Place. An open, unoccupied space other than a street or alley permanently established ordedicated as the principal means of access to property abutting thereon.Porch A one-storv. usually covered entrance to a building. with or without a separate roof, that isnot used for livable space and extends along the building.Premises. A parcel or tract of land or one or more platted lots under the same ownership anduse, together with the buildings and structures located thereon.Private club. An establishment providing social or dining facilities which may provide alcoholicbeverage service, to an association of persons, and otherwise falling within the definition of, andpermitted under the provisions of, that portion of Title 3, Chapter 32, Vernon's Texas CodesAnnotated, Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertainsto the operation of private clubs.Reconstruction. The rehabilitation or replacement of a structure which either has beendamaged, altered or removed or which is proposed to be altered or removed to an extentexceeding 50% of the replacement cost of the structure at the time of the damage, alteration orremoval.Recreational vehicle. Any travel trailer, pickup camper, motor home, camping trailer, tent trailer,or similar vehicle which is designed for human habitation.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:\PiaRRiRg~aRiRO OFdiRaRs~aRiR!J revisiaRs~ Page20)

)Zoning Ordinance- effective Nov. 8, 2006Sec.1Restaurant. An eating establishment where customers are primarily served at tables or are selfserved,where food is consumed on the premises, and which may include a drive-throughwindow(s).--·--·-JRoof Pitch The amount of slope of the roof in terms of angle or other nume~.ical ,measure: on~- - - -( Formatted: Indent: Left: 0.5"unit of horizontal rise for three units of horizontal shelter is expressed as "1 in 3 or' 4:12. ·Screening A method of visually shielding or obscuring an abutting or nearby use or structur~----( Formatted: Indent: Left: os··----Jfrom another by fencing. walls, berms, or densely planted vegetation. · --Setback line. See Figure 2 (page 12).Single-family industrialized home (also called modular prefabricated structure or modularhome). A structure or building module, as defined under the jurisdiction and control of the TexasDepartment of Labor and Standards, that is transportable in one or more sections on a temporarychassis or other conveyance device, and that is designed to be installed and used by a consumeras a fixed residence on a permanent foundation system. The term includes the plumbing,heating, air-conditioning and electrical systems contained in the structure. The term does notinclude mobile homes or HUD-Code manufactured homes as defined in the Texas ManufacturedHousing Standards Act (Article 5221f, V.A.C.S.), nor does it include a recreational vehicle as thatterm is defined by this code. Industrialized homes must meet all applicable local codes andzoning regulations that pertain to construction of traditional site constructed ("stick built") homes.Site. A tract of property that is the subject of a development application.Site plan. A detailed plan showing the roads, parking, footprints of all buildings, existing trees,proposed landscaping, parkland, open space, grading and drainage, and similar features neededto verify compliance with the approved land use plan and development standards.Stable, private. An accessory building for the keeping of horses, ponies, or mules owned byoccupants of the premises, and not kept for remuneration, hire or sale.Stable, riding. A structure in which horses, ponies, or mules, used exclusively for pleasure ridingor driving, are housed, boarded, or kept for hire.Storage, Outdoor The storage, collection or display for more than three consecutive days. or anypart of a day for three consecutive days, of any products, materials, equipment. appliances,vehicles not in service. or personal property of any kind on an unenclosed. uncovered area.Story. That part of a building included between the surface of one floor and the surface of thefloor next above, or if there be no floor above, that part of the building which is above the surfaceof the highest floor thereof. A top story attic is a half story when the main line of the wall plates isnot above the middle of the interior height of such story. A basement that is no more than fourfeet above average grade shall not be considered a story.Street. A public maintained thoroughfare or privately maintained public access easement whichaffords principal means of access to property abutting thereon, and normally consists of the roadsurface, ditch or curbs, and sidewalk or parking areas.Street line. The dividing line between the street right -of-way and the abutting property, normallyto the lot property line.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaRRiRQI£GRiRQ OrdiRaRGei£GRiRQ re>JisiGRS~ Page21)

)Zoning Ordinance- effective Nov. 8, 2006Sec.1Structure. Anything constructed or erected, which requires location on the ground, or attached tosomething having a location on the ground; including, but not limited to, advertising signs,billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.Structural alterations. Any change in the supporting members of a building, such as bearingwalls, columns, beams or girders.Subdivider. Any person or any agent of the person dividing or proposing to divide land so as toconstitute a subdivision, as that term is defined in this section. In any event, the term "subdivider'"is restricted to include only the owner, equitable owner or authorized agent of the owner orequitable owner of land to be subdivided.Temporary field office or construction yard or office. A structure or shelter used in connectionwith a development or building project for housing on the site of temporary administrative andsupervisory functions and for sheltering employees and equipment.Temporary outdoor retail sales. The display and sales of products outside of a building orstructure which is not an accessory use to the retail store on the tract on which the temporarysales will be located.Tewist eefll't. A §ro~o~p of attaoheEI or EletaoheEI El\'o'ellin§s whish are pro•JiEieEI primarily fortransient g~o~ests; inol~o~Eiing a~o~to oo~o~rts, motels, anEI motor loEI§es.Tower. Any structure that is designed and constructed primarily for the purpose of supporting oneor more Antennas, including self-supporting lattice towers, guy towers, or monopole towers. Theterm includes radio and television transmission towers, microwave towers, common-carriertowers, cellular telephone towers, and the like.Townhouse. A "townhouse" is a single-family dwelling unit on an individual lot which is one of aseries of dwelling units having one or two common side walls with the other units in the series.Use. The classification of the purpose or activity for which land or buildings are designated,arranged, intended, occupied or maintained.Vehicle Storage Facility (VSF). A garage, parking lot, or any facility owned or operated by aperson, other than a governmental entity, for storing or parking 10 or more vehicles per year,without the consent of the owners of the vehicles. All VSFs must be licensed by the TexasDepartment of Transportation's Motor Carrier Division.Vending Any activity by any person involving the display. sale. offering for sale, offering to giveaway, or giving away of anvthing of value including any food, beverage. goods, wares,merchandise. or services.Wrecking yard (junkyard or auto salvage). Any lot upon which two or more motor vehicles ofany kind, which are incapable of being operated due to condition or lack of license, have beenplaced for the purpose of obtaining parts for recycling or resale.Yard. An open space between a building and the nearest lot line, unoccupied and unobstructedby any portion of a structure from the ground upward. In measuring a yard for the purpose ofdetermining the width of a side yard, the depth of a front yard or the depth of a rear yard, the leasthorizontal distance between the lot line and the main building shall be used.Yard, front. A yard across the full width of the lot extending from the front line of the mainbuilding to the front line of the lot.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OmiRaRse\ZaRiAg Fe•lisieAs~ Page22)

)Zoning Ordinance- effective Nov. 8, 2006Sec.1Yard, rear. A yard between the rear lot line and the rear line of the main building.Yard, side. A yard between the main building and the adjacent side line of the lot, and extendingentirely from the front yard to the rear yard thereof.Zero lot line home. A single-family dwelling that is built adjacent to one side property line.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:'PiaRRiRglleRiRg OFdiRaRG~RiRg Fl!"isieRs~ Page23)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2Sec. 2. Zoning Procedures and Administration.2.1 Changes and Zoning Amendments2.1-1. City authority to amend.(a) Zoning district boundaries and regulations. The City is hereby authorized toamend, supplement, change, modify or repeal the boundaries of the districts orthe regulations herein established by this Chapter. All zoning change requestsshall be submitted to the Planning Commission for consideration prior to CityCouncil action.(b) Considerations for approving or denying a zoning change. In making adetermination regarding a requested zoning change, the Planning Commissionand the City Council shall consider the following factors:(1) Whether the uses permitted by the proposed change will beappropriate in the immediate area concerned, and their relationship tothe general area and to the City as a whole;(c) Application:(2) Whether the proposed change is in accord with any existing orproposed plans for providing public schools, streets, water supply,sanitary sewers, and other utilities to the area;(3) How other areas designated for similar development will be, or arelikely to be, affected if the proposed amendment is approved;(4) Any other factors that will substantially affect the public health, safety,morals, or general welfare; and(5) Whether the request is consistent with the Comprehensive Plan.(1) Except as provided in Section 2.1-4 for newly annexed territory,consideration for (i) a change in any zoning district boundary line, or (ii)zoning regulation, or (iii) an amendment to the Zoning Chapter text, maybe initiated only by the owner of the real property (or authorized agent),by the Planning Commission, or by the City Council.(2) Each application for zoning, rezoning, special use permit (SUP),planned development (PD) Detail Plan, or for a text amendment to aprovision(s) of this Chapter, shall be made in writing on an applicationform available in the Planning Director's office, shall be accompanied bypayment of the fee and an accurate legal description with a plat or mapof the area proposed for zoning or rezoning.(3) Completeness of Application:(a) If the application is incomplete or the full fee has not beenpaid, the Planning Director or his/her designee shall notify theapplicant in writing, within 10 business days of the date of theapplication, that the application is incomplete and will not beconsidered by the City until the application is complete andlorthe full fee is paid. If the full fee is not paid or the application isU:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:\PiaRRiRgiZaRiRg OF!IiRaRseiZaRiRg Fe•lisiaRs~ Page24

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2not compete within 45 days of the date of the application, theapplication shall expire.(b) Traffic impact analysis. The Planning Director, PlanningCommission or City Council mayshall -require the applicant toprovide a traffic impact analysis worksheet which may trigger afull traffic impact analysis to be completed for consideration inaccordance with Chapter 114 of the Code prior to final approvalof a zoning or rezoning.(c) Filing fees.1. The following fees shall be paid in advance:Zoning, rezoning or special use permit:Filing FeesAmountLess than one acre . . . $500.00One acre to 9.99 acres . . . $680.00Ten acres to 19.99 acres... $950.0020 acres or more . . . $1 ,200.00Planned Development Detail Plan Fee:Filing FeesAmountLess than one acre . . . $250.00One acre to 9.99 acres . . . $340.00Ten acres to 19.99 acres... $475.0020 acres or more . . . $600.002. The filing fee for a text amendment shall be $500.003. Exemption from fee. An application for a zoningclassification or text amendment initiated by the CityCouncil, Planning Commission, or Planning Director ofthe City shall be without fee.2.1-2 Procedure before the Planning Commission:(a) Public hearing and notification. The Planning Commission shall hold a publichearing on all proposed zoning changes and text amendments. Written notices ofall such public hearings shall be sent by the Planning Director to all owners ofreal property living within 200 feet of the property on which the change isproposed. Such notices shall be given not less than ten days before the day setfor hearing to all such owners who have rendered their said property for citytaxes as the ownership appears on the last approved city tax roll. Such noticemay be served by depositing the same properly addressed and first classpostage paid in the city post office. If the property lying within 200 feet of theproperty proposed for a zoning change is located in territory which was annexedto the City and is not included on the most recently approved city tax roll notice tosuch owners shall be given by publication once in a newspaper of generalcirculation in the city at least 15 days prior to the hearing. Notice shall state thetime and place of such hearing. In addition to the written and publishednotification, a zoning pending change sign shall be placed adjacent to eachpublic street or right-of-way abutting the subject property or if the property doesnot front a public street or right-of-way, adjacent to the closest public street orright-of-way, located in the middle of the frontage, and within three feet of thecurb or pavement, or as prescribed by the Planning Department at the time ofapplication. One sign shall be required for the first 100 feet of frontage of theU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgl£eRiRg OFdiRaRse\ZQRiRg re•JisieRs~ Page25)

)Zoning Ordinance- effective Nov. 8, 2006Sec.2tract, and, thereafter, one additional sign for every 200 feet of frontage, orfraction thereof, except that not more than three (3) signs shall be required oneach roadway frontage. If the tract has less than 200 feet of frontage perroadway. then only one sign is required per road. All signs shall be clearly visibleto the public from the adjacent public streets. The applicant shall post the sign(s)at least 15 days prior to the Planning Commission's meeting and maintain saidsign(s) in good condition and in place until final action by City Council. If thesign(s) is not posted 15 days prior to the Planning Commission hearing, theapplicant's case shall be withdrawn and rescheduled. In the event that a sign(s)is removed from the property or damaged, the applicant shall be responsible forpurchasing a replacement sign(s) and installing it immediately. The sign(s) shallbe furnished by the City and a fee of $15.00 per sign shall be charged theapplicant.(b) Planning Commission recommendation. After such public hearing thePlanning Commission may, within its discretion, make one of the followingrecommendations in connection with each proposed change in zoningclassification:(1) Recommend against the change in zoning or text amendment.(2) Recommend for the change in zoning or text amendment.(3) Recommend the change in zoning for such area together with anyother recommendations which, within the discretion of the PlanningCommission, will protect adjacent property and secure substantially thepurpose and intent of this Chapter; or for text amendments, recommenddifferent text amendments than submitted by the applicant.(~ Partial reflmd. In the event the Planning Commission does not favoral31yrecommend the zoning district chan§e or text amendment and the applicant..... ithdraws his application prior to staff for>Nardin§ said req~est to City Co~ncil forp~l31ic healin§ and determination, then JO percent of the application fee shall 13erefunded ~pon written req~est 13y the applicant. Delete this section because atthis point we have already expended the money for mail-outs and notification.2.1-3. Procedure before City Council:(a) Public hearing and notification. A public hearing shall be held by the CityCouncil before adopting any proposed amendment, supplement or change, atwhich parties in interest and citizens shall have an opportunity to be heard.Before the 15th day before the date of the hearing, notice of the time and placeof the hearing must be published in an official newspaper of general circulation inthe municipality. When the Planning Commission has recommended zoning, achange in zoning, or a special use permit, together with recommendations as torequirements as provided herein, the City Council shall be at liberty to eitheraccept, reject, or make other or additional requirements. Such requirements shallbecome a part of the ordinance changing the zoning classification of suchproperty, and such requirements shall be considered as an amendment to thezoning ordinance as applicable to such property. Such requirements shall not beconsidered conditions precedent to the granting of the change in zoning. Suchrequirements shall be complied with before a Certificate of Occupancy may beissued by the Building Official for the use or occupancy of the building, land orstructure on such property.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OrdiRaRse\ZGRiRQ re'lisieRs~ Page26)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2(b) Protests. In accordance with the provisions of Section 211.006 of the TexasLocal Government Code (commonly referred to as the "20% rule") if a protestagainst such proposed zoning or zoning change has been filed with the PlanningDepartment, duly signed and acknowledged by the owners of 20% or more,either of the area of the land included in such a proposed change or thoseowners of property immediately adjacent to the subject property and extending200 feet therefrom, such zoning change shall not become effective except by athree-fourths (3/4) vote of all the members of the City Council. In computing thepercentage of land area, the area of streets and alleys shall be included.2.1-4 Zoning upon annexation.Timing and effect of zoning after annexation.(a) Zoning newly annexed territory. As soon as practical following annexation, butno more than 90 calendar days thereafter, the Planning Director shall, on theDirector's own application or upon application by property owners of the annexedarea, initiate proceedings to establish appropriate zoning on the newly annexedterritory. The Planning Director shall commence public notification and otherstandard procedures for zoning amendments as set forth in this Chapter. Theproceedings to establish zoning may be undertaken concurrently with annexationprocedures (i.e., notices and public hearings). The zoning approval and formaladoption of the Chapter establishing zoning must occur, however, after theannexation takes effect, and as a separate and distinct action by the CityCouncil.(b) Compliance with Agricultural/Pre-Development (APD) standards and uses.From the time an annexation takes effect until action is completed to zone theland, no plat shall be approved for a lot size or dimension that is inconsistent withthe minimum standards for the Agricultural/Pre-Development (APD) Districtunless the land is subject to an approved subdivision master plan. Nor shall anybuilding permit be issued for any use other than a use allowed in the APD Districtexcept where a plat for one or two family development has been approved orconstruction of a building has begun. Except as herein provided, and unlessvested in accordance with Chapter 245 of the Texas Local Government Code orunless otherwise approved as part of a development agreement, all zoning anddevelopment regulations of the APD zoning district shall be adhered to withrespect to development and use of the land that has been newly annexed duringsuch period between annexation and the establishment of a zoning district.(c) Public hearing and notification requirements. The initial zoning of a landparcel, whether by initiation of the landowner or by initiation of the City, mustmeet the requirements for notification and public hearings as set forth in thisChapter (see Sections 2.3 2.1-2 and 2.1-3) and all applicable state laws. Noticeshall be made to land within 200 feet that may be in the ET J.(d) Simultaneous submission of annexation and zoning. The owner of land to beannexed may submit an application for zoning the property simultaneously withsubmission of a petition for annexation, but an annexation petition may not beconditioned upon the approval of any particular zoning classification, and theland may not be zoned until annexation is complete.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OFdiAaAse\ZeAiAg r

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 22.1-5 Reapplication of zoning, rezoning, special use permit or planned developmentdistrict detail plan requests.(a) No application for the zoning, rezoning, special use permit, or planneddevelopment district detail plan of any land situated in the City shall be receivedor filed with the City and consideration thereof if, within 180 calendar days priorthereto, an application for substantially the same zoning, rezoning, special usepermit, or planned development district detail plan as determined by the PlanningDirector, was received, and a final hearing was held on such before the PlanningCommission. However, if new, relevant and substantial evidence, which couldnot have been secured at the time set for the original hearing, shall be producedby the applicant, the Planning Commission shall then have the right to waivesuch 180 calendar days provision and proceed to hear and consider suchapplication.(b) No application for the zoning, rezoning, special use permit, or planneddevelopment district detail plan of any land situated in the City shall be receivedor filed with the Planning Commission and no consideration held thereon if withinone year prior thereto the City Council, after consideration and hearing, hasdenied an application on that land for substantially the same change as is appliedfor, as determined by the Planning Director.(c) If an application for zoning, rezoning, special use permit, or planneddevelopment district detail plan is withdrawn before the Planning Commissionholds a public hearing on it, reapplication may be made at any time.2.2 Zoning Board of Adjustment (ZBA).2.2-1. Power and duty. The Zoning Board of Adjustment (ZBA) may, in appropriatecases and subject to appropriate conditions and safeguards, make special exceptionsand variances to the terms of this Chapter, and decide appeals from decisions ofadministrative officials, in harmony with its general purpose and intent and in accordancewith general or specific rules herein contained.)2.2-2. ZBA procedures. The ZBA shall operate in accordance with Sections 211.008through 211.011 of the Texas Local Government Code and shall adopt rules inaccordance with the provisions of this Chapter. Meetings of the ZBA shall be held at thecall of the chairman and at such times as the ZBA may determine. Such chairman, or inhis absence the acting chairman, may administer oaths and compel the attendance ofwitnesses. All meetings of the ZBA shall be open to the public. The ZBA shall keepminutes of its proceedings, showing the vote of each member upon each question or, ifabsent or failing to vote, indicating such fact, and shall keep records of its examinationsand other official actions, all of which shall be immediately filed in the office of the ZBAand shall be a public record. The concurring vote of four members (or 75 percent) of theZBA shall be necessary to reverse any order, requirement, decision, or determination ofany such administrative official, or to decide in favor of the applicant on any matter uponwhich it is required to pass under this Chapter, or to effect any variation in this Chapter.2.2-3. Variances.(a) Authority. The ZBA may authorize a variance from these regulations onlyupon finding:(1) That there are special circumstances or conditions affecting the landinvolved such that the strict application of the provisions of this Chapterwould deprive the applicant of the reasonable use of land; andU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQIZ9AiAQ OFdiAaAG91Z9AiAQ re\•isieAs~ Page28

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2(2) That the variance is necessary for the preservation and enjoyment ofa substantial property right of the applicant; and(3) That the granting of the variance will not be detrimental to the publichealth, safety or welfare, or injurious to other property within the area;and(4) That the granting of the variance will not have the effect of preventingthe orderly use of other land within the area in accordance with theprovisions of this Chapter; and(5) That an undue hardship exists; and(6) That the granting of a variance will be in harmony with the spirit andpurpose of these regulations.A variance shall not be granted to relieve a self-created or personalhardship, nor shall it be based solely upon economic gain or loss, norshall it permit any person the privilege in developing a parcel of land notpermitted by this Chapter to other parcels of land in the particular zoningdistrict. No variance may be granted which results in undue hardshipupon another parcel of land.(b) Procedures for variance.(1) Application for variance shall be made by the owner of real property(or authorized agent) to the Planning Department on forms provided bythe Planning Department.2.2-4 Special exceptions.(2) Fee and sign. The fee for variances shall be $200 plus $50 for eachstandard of the code a variance is sought, plus $15.00 per sign. (SeeSec. 2.2-5)(3) No variance shall be granted without first having given public noticeand having held a public hearing on the variance request in accordancewith Section 2.2-5 of this Chapter. The deliberations and determinationsof the ZBA, together with the specific facts upon which suchdeterminations are based, shall be incorporated into the official minutesof the ZBA meeting at which the variance application is decided.(a) Authority and Procedures. The ZBA may grant the following specialexceptions to these regulations, upon written request of the property owner,subject to the standards applicable to each exception hereinafter set forth. Anapplication for a special exception shall be decided in accordance with theprocedures applicable to a variance, as set forth in Section 2.2-5.(b) Off-site parking. The ZBA may grant a special exception to requiring that allrequired parking must be on the same lot or parcel as the structures they areintended to serve if it finds all of the following:U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaAAiAHIJ:GAiAH OFdiAaAse\ZeAiAH revisieAs~ Page29)

)Zoning Ordinance- effective Nov. 8, 2006Sec.2(1) The applicant has submitted an access plan which shows that the offsiteparking spaces area is reasonably and safely accessible by thepublic by foot;(2) The nearest edge of the first parking space of the off-site parkingarea is no further than 400 feet from the lot or parcel of the premiseusing the off-site parking;(3) The off-site parking spaces are not shared with any other off-premiseuse and are not required parking for any other premise;(4) The off-site parking spaces shall be paved and striped to city codeprior to a Certificate of Occupancy being granted to the premise usingthe off-site parking, unless a variance is granted by the ZBA;(5) An off-site parking agreement between the off-site parking propertyowner and the property owner of the premise using the off-site parking,on a form approved by the City Attorney, is approved by the board. Theterm of the agreement shall be no less than 1 0 years. The agreementshall bind future owners or assigns. The agreement shall state that, if forany reason the agreement is not followed, the owner of the premiseusing the off-site parking shall acknowledge that the premise is inviolation of this Chapter and that the Certificate of Occupancy may bevoided by the city. The agreement shall state that it cannot be done awaywith unless by written agreement from the city, is replaced with on-siteparking to code, or is replaced with another off-site parking agreement.If the ZBA approves the off-site parking agreement, the city shall causesuch agreement to be recorded in the appropriate county deed records.If any of the above conditions or other conditions of the special exceptionapproved by the ZBA are not followed, the special exception shallbecome void; and(6) Directional signage shall be provided as follows:(a) At the entrance to the off-site parking. There shall be no morethan one such directional sign, it shall be no larger than foursquare feet per face, and state parking for the establishmentusing the off-site parking.(b) In the on-site parking area of the establishment using the offsiteparking, stating and/or showing where the off-site parking islocated. There shall be no more than one such sign that shall beno larger than four square feet per face.(c) Nonconforming uses and structures. The ZBA may grant special exceptionsto the provisions of this Chapter pertaining to non-conforming status, limited tothe following, and in accordance with the following standards. In granting specialexceptions under this subsection, the ZBA may impose such conditions as arenecessary to protect adjacent property owners and to ensure the public health,safety and general welfare, including but not limited to conditions specifying theperiod during which the nonconforming use may continue to operate or existbefore being brought into conformance with the standards of this Chapter.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiR!liZc:miR!l OrdiRaRee\ZoRiR!l re'lisioRs~ Page30

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2(1) Expansion of the land area of a nonconforming use, up to a maximumof thirty (30) percent; or(2) Expansion of the gross floor area of a nonconforming structure, up toa maximum of thirty (30) percent, provided that such expansion does notdecrease any existing setback and does not encroach onto adjacentproperty, and such expansion will bring the structure closer intocompliance with this Chapter, or if it will otherwise improve or enhancepublic health, safety or welfare; or(3) Change from one nonconforming use to another, re-construction of anonconforming structure that has been totally destroyed, or resumptionof a nonconforming use previously abandoned, only upon finding that thefailure to grant the special exception deprives the property owner ofsubstantially all use or economic value of the land.(4) Reconstruction and occupancy of a nonconforming structure, or astructure containing a nonconforming use and/or the restoration of abuilding site that is nonconforming as to development standards(including, but not limited to, parking arrangement, landscaping, etc.),when a structure has been damaged by fire, flood or other calamity tothe extent of more than seventy-five percent (75%) of the replacementcost of the building or structure at the time such damage. Such action bythe ZBA shall have due regard for the property rights of the person orpersons affected, and shall be considered in regard to the public welfare,character of the area surrounding such structure, and the conservation,preservation and protection of property.(d) Semipublic parking areas in residential districts. To permit in residentialdistricts semipublic parking areas for occupants of apartment houses, multipledwellings, hotels, apartment hotels, fraternity or sorority houses, lodging houses,members of clubs, and visitors to or patrons of hospitals, institutions, or places ofpublic assembly, provided that such parking areas are located not more than 400feet therefrom, and provided that such parking areas be improved as required inthis Chapter.2.2-5. Variance and special exception notice.(a) Notice and Public Hearing. The ZBA shall hold a public hearing forconsideration of the variance or special exception request no later than forty-five(45) calendar days after the date the application for action, or aA appeal, is filed.Written notice of the public hearing for a variance or special exception shall beprovided to all property owners, via U.S. mail, within two hundred feet (200') ofthe affected property at least ten ( 1 0) calendar days prior to the public hearing.The applicant may appear at the hearing in person or by agent or attorney.(b) Sign. In addition to the mailed notification, a variance or special exceptionsign shall be placed adjacent to each public street or right-of-way, abutting thesubject property, or if the property does not front a public street or right-of-way, tothe closest public street or right-of-way, located in the middle of the frontage, andwithin three feet of the curb or the pavement, or as prescribed by the PlanningDepartment at the time of application. One sign shall be required for the first 100feet of frontage of the tract, and, thereafter, one additional sign for every 200 feetof frontage, or fraction thereof. except that no more than three (3) signs shall beU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:'I''IaAAiAg\ZeAiAg Or~iAaAGe\ZeAiAg re•JisieAs~ Page31)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2required on each roadway frontage. If the tract has less than 200 feet of frontageper roadway. then only one sign is required per road .. All signs shall be clearlyvisible to the public from the adjacent public streets. The applicant shall post thesign(s) at least 15 days prior to the ZBA meeting and maintain said sign(s) ingood condition and in place until final action. If the sign(s) is not posted 15 daysprior to the ZBA meeting, the applicant's case shall be withdrawn andrescheduled. In the event that a sign(s) is removed from the property ordamaged, the applicant shall be responsible for purchasing a replacementsign(s) and installing it immediately. The sign(s) shall be furnished by the Cityand fee of $15.00 per sign shall be charged the applicant.2.2-6 Appeals. Appeals to the ZBA may be taken by any person aggrieved, or by anyofficer, department, board or bureau of the City of New Braunfels affected by anydecision of the Building Official or other administrative officer concerning theinterpretation or implementation of this Chapter.(a) Stays of proceedings. An appeal stays all proceedings in furtherance of theaction appealed from, unless the officer from whom the appeal is taken certifiesto the ZBA, after the notice of appeal shall have been filed with him, that byreason of facts stated in the certificate a stay would, in his opinion, causeimminent peril to life or property. In such case proceedings shall not be stayedotherwise than by a restraining order which may be granted by the board or by acourt of record on application on notice to the officer from whom the appeal istaken and due cause shown.(b) Procedure for Appeal. The appellant must file with the Planning Department awritten Notice of Appeal specifying the grounds for the appeal and pay a fee of$250.00. The Notice of Appeal shall be filed within 45 calendar days after thedecision has been rendered. Upon receiving the Notice, the official from whomthe appeal is taken shall immediately transmit to the ZBA all papers constitutingthe record of action that is appealed. The chair of the ZBA or any two membersmay call a special meeting to consider appeals.(c) Action by the ZBA. The ZBA shall decide the appeal within 30 calendar daysafter the written request (i.e., Notice of Appeal) was received. The ZBA mayreverse or affirm, in whole or in part, or modify the administrative official's order,requirement, decision or determination from which an appeal is taken, and maymake the correct order, requirement, decision or determination, and for thatpurpose the ZBA has the same authority as the administrative official.2.2-7. Burden of Proof. The applicant bears the burden of proof in establishing the factsthat may justify a variance, a special exception, an appeal, or any other action in his/herfavor by the ZBA.2.2-8. Waiting period. No application to the ZBA for the same or a related variance, orspecial exception, or appeal on the same piece of property shall be allowed for a waitingperiod of 180 calendar days following denial of an application by the ZBA unless otherproperty in the immediate vicinity has, within the 180-day waiting period, been changedor acted upon by the ZBA or the City Council so as to alter the facts and conditions uponwhich the previous denial was based. Such changes of circumstances shall permit the rehearingof a variance, or special exception, or appeal request by the ZBA, but suchcircumstances shall in no way have any force in law to compel the ZBA, after a hearingon the matter, to grant a subsequent variance, or special exception or appeal request.Any subsequent variance, or special exception or appeal request shall be consideredU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxld:'PiaRRiRQ\;1;9RiRQ OrdiRBRGe\;l;QRiRQ reuisi9RS~ Page32

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2entirely on its own merits and on the specific circumstances related to the subjectproperty.2.2-9 Petition to a court of record. Any person or persons jointly or severally aggrievedby any decision of the ZBA, or any taxpayer, or any officer, department, board, or bureauof the municipality, may present to a court of record a petition, duly verified, selling forththat such decision is unlawful, in whole or in part, specifying the unlawful grounds. Suchpetition shall be presented to the court within ten days after the filing of the decision in theoffice of the ZBA.(a) Writ of certiorari. Upon the presentation of such petition the court may allow awrit of certiorari directed to the ZBA to review such decision of the ZBA and shallprescribe therein the time within which a return thereto must be made and servedupon the petitioner's attorney, which shall not be less than ten days and may beextended by the court. The allowance of the writ shall not stay proceedings uponthe decision appealed from but the court may, on application, on notice to theboard and on due cause shown, grant a restraining order.(b) Certified or sworn copies. The ZBA shall not be required to return the originalpapers acted upon by it, but it shall be sufficient to return certified or sworncopies thereof or of such portions thereof as may be called for by such writ. Thereturn shall concisely set forth such other facts as may be pertinent and materialto show the grounds of the decision appealed from and shall be verified.(c) Testimony. If, upon the hearing, it shall appear to the court that testimony isnecessary for the proper disposition of the matter, it may take evidence orappoint a referee to take such evidence as it may direct and report the same tothe court with his findings of fact and conclusions of law, which shall constitute apart of the proceedings upon which the determination of the court shall be made.The court may reverse or affirm, wholly or partly, or may modify, the decisionbrought up for review.(d) Costs. Costs shall not be allowed against the ZBA unless it shall appear tothe court that it acted with gross negligence, or in bad faith, or with malice inmaking the decision appealed from.(e) Preference. All issues in any proceedings under this Section shall havepreference over all other civil actions and proceedings.2.3 Nonconforming uses and structures. The lawful use of any building, structure or land existingat the time of the enactment of this Chapter may be continued although such use does notconform with the provisions of this Chapter. The right to continue such nonconforming uses shallbe subject to regulations prohibiting the creation of a nuisance and shall terminate wheninappropriate use of the premises produces a condition which constitutes a nuisance. The right ofnonconforming uses to continue shall be subject to such regulations as to the maintenance of thepremises and conditions of operations and shall be subject to the specific regulations hereincontained.(a) Nonconforming buildings:(1) A nonconforming building or structure may be occupied except as hereinotherwise provided.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:'.PiaAAiAgl£eAiAg 0FaiAaAsel£eAiAg Fe"isieAs~ Page33)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2(2) Repairs and alterations may be made to a nonconforming building orstructure, provided that no structural alteration shall be made except thoserequired by law or this Chapter, and further provided these regulations shallnever be construed to allow an addition to a nonconforming building.(3) A nonconforming building or structure shall not be added to or enlarged in anymanner unless such addition and enlargements are made to conform to all therequirements of the district in which such building or structure is located.(4) No nonconforming building or structure shall be moved in whole or in part toany other location on the lot, or on any other lot, unless every portion of suchbuilding or structure is made to conform to all the regulations of the district.(5) A nonconforming building or structure which is damaged or partially destroyedby fire, flood, wind, explosion, earthquake, or other calamity or act of God shallnot be again restored or used for such purpose if the expense of such restorationexceeds 75 percent of the replacement cost of the building or structure at thetime such damage occurred. Any nonconforming building or structure partiallydestroyed may be restored provided restoration is started within 12 months of thedate of partial destruction and is diligently prosecuted to completion. Whenever anonconforming building or structure is damaged in excess of 75 percent of itsreplacement cost at that time, the repair or reconstruction of such building orstructure shall conform to all the regulations of the district in which it is located,and it shall be treated as a new building.(b) Nonconforming uses of buildings:(1) Except as otherwise provided in this Chapter, the nonconforming use of thebuilding or structure lawfully existing at the time of the effective date of thisChapter may be continued.)(2) The use of a nonconforming building or structure may be changed to a use ofthe same or more restricted classification, but where the use of a nonconformingbuilding or structure is hereafter changed to a use of a more restrictedclassification, it shall not thereafter be changed to a use of less restrictedclassification.(3) A vacant, nonconforming building or structure lawfully constructed may beoccupied by use for which the building or structure was designated or intended, ifso occupied within a period of one year after the effective date of this Chapter,and the use of a nonconforming building or structure lawfully constructed whichbecomes vacant after the effective date of this Chapter may also be occupied bythe use for which the building or structure was designated or intended, if sooccupied within a period of one year after the building becomes vacant.(c) Nonconforming use of land:Continuation of use. The nonconforming use of land existing at the time of theeffective date of this Chapter may be continued, provided that no suchnonconforming use of land shall in any way be expanded or extended either onthe same or adjoining property, and provided that if such nonconforming use ofland or any portion thereof is discontinued or changed, any future use of land orportion thereof shall be in conformity with the provisions of this Chapter.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\Pianning\Zening OF

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2(d) Abandonment:A nonconforming use of any building, structure or land which has been abandoned shallnot thereafter be returned to such nonconforming use. A nonconforming use shall beconsidered abandoned:(1) When the intention of the owner to discontinue the use is apparent; or,(2) When the characteristic equipment and furnishings of the nonconforming usehave been removed from the premises and have not been replaced by similarequipment within one year; or,(3) When a nonconforming building, structure or land or portion thereof which isor hereafter becomes vacant and remains unoccupied or out of use for acontinuous period of one year; or,(4) When it has been replaced by a conforming use.2.4. Enforcement and Administration.2.4-1. Planning Director. Except as otherwise provided in this Chapter, the PlanningDirector or designee shall administer and enforce this Chapter, including the receiving ofapplications, the inspection of premises and the issuing of building permits andcertificates of occupancy. No building permit or Certificate of Occupancy shall be issuedexcept if the provisions of this Chapter have been complied with.2.4-2. Building Permit. No person shall erect or construct or proceed with the erection orconstruction of any building or structure, nor add to, enlarge, move, improve, alter, repair,convert, extend or demolish any building or structure or cause the same to be done inany zoned district in the City of New Braunfels without first applying for and obtaining abuilding permit therefore from the Building Official. All applications for such permits shallbe in accordance with the requirements of this Chapter and the building code for the Cityof New Braunfels unless upon written order of the ZBA. No such building permit orCertificate of Occupancy shall be issued for any building where such construction,addition, alteration or use thereof would be in violation of any of the provisions of thisChapter.2.4-3. Powers and duties of the Building Official:(a) Cessation and revocation. Whenever any building work is being donecontrary to the provisions of this Chapter, the Building Official may order the workstopped and also revoke the building permit theretofore issued by notice inwriting served on any person owning such property or their agent or on anyperson engaged in the doing or causing of such work to be done. Such personshall forthwith stop and cause to be stopped such work until authorized by theBuilding Official to recommence and proceed with the work or upon issuance of abuilding permit in those cases in which the building permit has been revoked.Such stop work order and revocation of permit shall be posted on work beingdone in violation of this Chapter.(b) Discontinuing a use or occupancy. Whenever any building or portion thereofis being used or occupied contrary to the provisions of this Chapter, the BuildingOfficial, Code Enforcement Officer, or the Planning Director or designee mayorder such use or occupancy discontinued and the building or portion thereofU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAOii:aAiAO OraiAaAGali:aAiAO re'tisiaAs~ Page35)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 2vacated by notice served on any person using or causing such use or occupancyto be continued. Such person shall vacate such building or portion thereof withinten days after receipt of such notice, or make the building or portion thereofcomply with the requirements of this Chapter.2.4-4.Cerlificate of Occupancy:(a) Compliance. No vacant land shall be occupied or used except for agriculturalpurposes unless otherwise authorized by this Chapter. No building hereaftererected or structurally altered shall be used or occupied until a Certificate ofOccupancy shall have been issued by the Building Official stating that thebuilding or proposed use thereof complies with the provisions of this Chapter andall other existing building and sanitation ordinances.(b) Nonconforming use. No nonconforming use shall be maintained, renewed,changed or extended without a Certificate of Occupancy having first been issuedby the Building Official.(c) Application in writing. Application for a Certificate of Occupancy shall bemade in writing coincident with the application for a building permit, or may bedirectly applied for where no building permit is necessary and shall be issued orrefused in writing within five days after the Building Official has been notified thatthe building or premises is ready for occupancy.(d) Record. The Building Official shall maintain a record of all certificates andcopies shall be furnished upon request to any person having a proprietary ortenancy interest in the building affected.(e) Connections. No permanent water, sewer, electrical or gas utility connectionsshall be made to the land, building, or structure until and after a Certificate ofOccupancy has been issued by the Building Official-\)(f) Temporary Certificate of Occupancy. Upon request of the owner or authorizedrepresentative, the Building Official may issue a temporary Certificate ofOccupancy for the temporary use and occupancy of all of a building or a portionof a building prior to the completion and occupancy of the building, provided suchtemporary occupancy or use will not in any way or manner jeopardize life orproperty. Such temporary certificate may be issued for a period not exceeding sixmonths. Such temporary certificate shall not be construed as in any way alteringthe respective rights, duties or obligations of the owners relating to the use oroccupancy of the premises, or in any other matter covered by this Chapter, andsuch temporary certificate shall not be issued except under such restrictions andprovisions.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZsRiRg OrdiRaRse\ZsRiRg re•1isiGRS~ Page36

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 3Sec. 3. Zoning Districts.3.1. Creation of districts.3.1-1. Zoning districts created prior to June 22, 1987. For the purpose of regulating andrestricting the use of land and the erection, construction, and alteration of buildings orstructures, the City of New Braunfels is hereby divided into 12 districts as follows:(a) "R-1" single-family district(b) "R-2" single-family and two-family district(c) "R-3" multifamily district(d) "B-1" conventional and mobile home district(e) "TH" townhouse district(f) "ZH" zero lot line home district(g) "C-1" local business district(h) "C-2" general business district(i) "C-3" commercial district0) "C-4" resort commercial district(k) "M-1" light iROOstfy industrial district(I) "M-2" heavy iRGustfy industrial district3.1-2. Zoning districts created subsequent to June 22, 1987. For the purpose ofregulating and restricting the use of land and the erection, construction, alteration of anduse of buildings or structures, the following additional zoning districts are hereby createdsubsequent to June 22, 1987:(a) "APD" agricultural/pre-development district(b) "R-1A-43.5" single-family district(c) "R-1A-12" single-family district(d) "R-1A-8" single-family district(e) "R-1A-6.6" single-family district(f) "R-2A" single-family and two family district(g) "R-3L" multifamily low density district(h) "R-3H" multifamily high density district(i) "B-1A" conventional and mobile home districtU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:',PiaAAiAO\Z9AiAO OraiAaAGe\ZeAiAO re•'isieAs~ Page37)

Zoning Ordinance- effective Nov. 8, 2006Sec. 3G) "B-18" mobile home park district(k) "TH-A" townhouse residential district(I) "ZH-A" zero lot line home district(m) "MU-A" low intensity mixed use district.(n) "MU-B" high intensity mixed use district(o) "C-1A" neighborhood business district(p) "C-1 B" general business district(q) "C-2A" central business district(r) "C-4A" resort commercial district(s) "C-48" resort facilities district(t) "C-0" commercial office district(u) "M-1A" light industrial district(v) "M-2A" heavy industrial district(w) Special Districts and Planned Development Districts as defined by+- - - ~r:_matted~~~ Left: 1.5."-_!~~ line: o•· __ )ordinance.All applications for the rezoning of property shall be to one of the zoning districts createdsubsequent to June 22, 1987, with the exception of "C-48 Resort Facilities District".3.2. Regulations for all districts. Except as provided in Sections 2-2 and 2-3 of this Chapter, thefollowing shall apply:3.2-1. Use. No building or structure shall be erected, constructed, reconstructed oraltered, nor shall any building, structure or land be used for any purpose other than ispermitted in the district in which such building, structure or land is situated.3.2-2. Height. No building or structure shall be erected, constructed, reconstructed oraltered to exceed the height limit herein established for the district in which such buildingor structure is located.3.2-3. Area. No lot area shall be reduced or diminished so that the building setbacks orother open spaces shall be less than prescribed by this Chapter, nor shall the density ofdwelling units be increased in any manner, except in conformity with the area regulationsestablished herein. No parking area, parking space, or loading space which existed at thetime this Chapter became effective and as amended thereafter shall thereafter berelinquished or reduced in any manner below the requirements established by thisChapter. Every building hereafter erected shall be located on a lot as herein described.Buildings shall not cross lot lines.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQ\;l;GAiAg OrdiAaAse\;l;GAiAg re•;isiGAB~ Page38)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 33.2-4. Number of buildings on a lot or parcel. More than one main building is allowed on alot or parcel in duplex, multifamily, commercial, industrial, mixed use, resort commercialand commercial office districts. See Sec. 5.3 for accessory building standards.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAg\ZeAiAg OrEiiAaAGeiZeAiAg re\'isieAs2Q.1..1..Eioo Page 39)

)Zoning Ordinance- effective Nov. 8, 2006 R-13.3. Zoning districts and regulations for property zoned prior to June 22, 1987.3.3-1. "R-1" single-family district. The following regulations shall apply in all "R-1"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses pem1itted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (see Sec. 5.4)One family dwelling, detachedSingle family industrialized home (see Sec. 5.7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Cemetery and/or mausoleumChurch/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Country club (private)Day GaFfliJFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public and privateGovernmental building or use (state/feEierally awneEI anEIOIJerateEI) with no outside storageMunioi!Jal use owneEI or OIJerateEI ey the City af New Braunfels,ineluEiinglieraries.Park and/or playground (private and public)Park anEilor JJiaygrounEI (1Ju81io)Plant nursery (growing for commercial purposes but no retailsales on sitePublic recreation/services building for public park/playgroundareasRecreation buildings (public)School, K-12 (public or private)Stables (as a business) (see Chapter 6, Municipal Code)Stables (private, accessory use) (see Chapter 6, MunicipalCode)Truok garEien (no retail ar wholesale sales)Uni•.'ersity or College (!Jul:llio ar IJFivate)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiAg OrdiAaAse\ZeAiAg re•1isieRs~ Page40)

)Zoning Ordinance- effective Nov. 8, 2006 R-1Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Residential Uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.li.'i)__Garage setback. Where a driveway is located in front of a+--­garage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. Interior lots 60 feet. Corner lots 70 feet. Where alot has less width than herein required, and such lot was inseparate ownership prior to September 25, 1967, thisrequirement will not prohibit the erection of a one-family dwelling.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than 6,600square feet per dwelling for interior lots, and 7,000 square feetper dwelling for corner lots, provided that where a lot has lessarea than herein required and such lot was in separateownership prior to September 25, 1967, this requirement will notprohibit the erection of a one-family dwelling. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre per single-family residence or one acre on the EdwardsAquifer Recharge Zone.(viii) Lot depth. 100 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'I"IaAAiAgiZaAiAg OraiAaAsaiZaAiAO revisiaAs~ Page41)

)Zoning Ordinance- effective Nov. 8, 2006 R-1(viiil!) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(2) Non-Residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Comer lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)\7(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianningllening OFdinansellening r~wisiens~ Page42

)Zoning Ordinance- effective Nov. 8, 2006 R-23.3-2. "R-2" single-family and two family district. The following regulations shall apply inall "R-2" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory dwelling (one accessory dwelling per lot, no kitchen)Accessory building/structureCommunity home (see definition)Duplex/two-family/duplex condominiumFamily home adult careFamily home child careHome occupation (see Sec. 5.4)One family dwelling, detachedSingle family industrialized home (see Sec. 5.7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Cemetery and/or mausoleumChurch/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Country club (private)Day eam13Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public and privateGovernmental building or use (state/federally avmed andGJ3erated) with no outside storageM~o~nicipal ~o~se a·Nned ar aperaled l:ly the City af ~lew Bra~o~nfels,inel~o~ding lil:lraries.Park and/or playground (private and public)Park andlar playgra~o~nd (p~o~l:llic)Plant nursery (growing for commercial purposes but no retailsales on sitePublic recreation/services building for public park/playgroundareasRecreation buildings (public)School, K-12 (public or private)Tr~o~ek garden (na retail ar whalesale sales)University ar callege (p~o~l:llic ar private)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRg OFdiRaRse\ZeRiRg Fe•JisieRs~ Page43)

)Zoning Ordinance- effective Nov. 8, 2006 R-2(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) One family dwellings.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.flJtl.__Garage setback. Where a driveway is located in front of a+-- -1~-rmatted: Numbe~;J~L.~~~~:~J.-:;:~~~~garage, the garage shall be setback 20 feet from the right-of-way Numbering Style: i, ii, iii, ... + Start at: 4 +or t~e driveway to the garage ~hall be at le~st 20 feet long. to ~~~~ment: Left+ Aligned at: 2" + Indent at:prov1de enough space for a veh1cle to park Without overhanging · --------~---~--·------------·---------------------------------------· Jinto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1) )(iv) Rear building setback. 20 feet.{JfjL_(¥1-Width of lot. The minimum width of an interior lot shall be 60+--- rF~rmatt;;d~N;;;b;;;d-:;:~L,~~~~: 1·~···· ~~feetand the minimum width of a corner lot shall be 70 feet, Numbering Style: i, ii, iii, ... + start at: 6 +provided that where a lot has less width than herein requiredAlignment: Left+ Aligned at: 2" + Indent at:. . . ' 2 5"and such lot was 1n separate ownership pnor to September 25, ~:....~~ ~-- __ ~1967, this requirement will not prohibit the erection of a onefamilydwelling.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall have a lot area of not less than 6,600square feet per family for interior lots, and 7,000 square feet perfamily for corner lots. Where a lot was legally under separateownership prior to September 25, 1967, but has an area lessthan the minimum required in this provision, this regulation shallnot prohibit the erection of a one-family residence. Where apublic or community sewer is not available and in use for thedisposal of all sanitary sewage, each lot shall provide not lessthan one half acre or one acre on the Edwards Aquifer RechargeZone.(viii) Lot depth. 1 00 feet.'U:\Pianning\Zoninq Ordinance\Amendmenls 2012\Zoning revisions 2012.docxU:\Pianning\ZQning Ordinancellening Fevisiens~ Page44

)Zoning Ordinance- effective Nov. 8, 2006 R-2(2) Duplexes.(viii20 Parking. Two off-street parking spaces shall be providedfor each one family detached dwelling unit. See Section 5.1 forother permitted uses' parking.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.ilJt,LGarage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet.(vli) Lot area per family. Duplexes hereafter erected or alteredshall have a lot area of not less than 8,000 square feet for aninterior lot and 8,500 square feet for a comer lot. Where a lotwas legally under separate ownership prior to September 25,1967, but has an area less than the minimum required in thisprovision, this regulation shall prohibit the erection of a twofamilyresidence. Where a public or community sewer is notavailable and in use for the disposal of all sanitary sewage, eachlot shall provide not less than one acre and approved by the CitySanitarian.(viii) Lot depth. 1 00 feet.(viii~) Parking. Two off-street parking spaces shall be providedfor each two-family dwelling unit. See Section 5.1 for otherpermitted uses' parking.(3) Non-Residential Uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRg OrdiRaRse\ZeRiRg Fe'lisieRs~ Page45)

)Zoning Ordinance- effective Nov. 8, 2006 R-2(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRg OraiRaRse\ZeRiRg re•tisieRs~ Page46)

)Zoning Ordinance- effective Nov. 8, 2006 R-33.3-3. "R-3" multifamily district. The following regulations shall apply in all "R-3" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory buildinglstructureAccessory dwelling (one accessory dwelling per lot, no kitchen)Boardinghousellodging houseCommunity home (see definition)Duplexltwo-familylduplex condominiumsFamily home adult careFamily home child careHome occupation (see Sec. 5.4)HospiceMulti-Family (apartmentslcondominiums)One family dwelling, detachedRental or occupancy for less than one month (see Sec. 5.16)Single family or two-family industrialized home (see Sec. 5.7)Non-residential uses:Adult daycare (with overnight stay)Art Elealerl§alleryAssisted living facilitylretirement homeBarns and farm equipment storage (related to agricultural uses)Cemetery andlor mausoleumChurchlplace of religious assemblyCl1:11:l (l'lri•,

)Zoning Ordinance- effective Nov. 8, 2006R-3Nursing I convalescent Home I sanitariumPark and/or playground (public or private)Plant nursery (growing for commercial purposes but no retailsales on sitePublic recreation/services building for public park/playgroundareasRecreation buildings (private or public)Reoreation buildin!:Js (flublio)Retirement home I home for the aged - publicSchool, K-12 (public or private)Telephone exchange buildings (office only)Truok !:Jarden (no retail or wholesale sales)University or college (public or private)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) One family dwellings.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on comer lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.{fyLGarage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. Interior lots 60 feet. Corner lots 70 feet. Where alot has less width than herein required, and such lot was inseparate ownership prior to September 25, 1967, thisrequirement will not prohibit the erection of a one-family dwelling.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'PiaRRiAOIZ

)Zoning Ordinance- effective Nov. 8, 2006 R-3(2) Duplexes.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than 6,600square feet per dwelling for interior lots, and 7,000 square feetper dwelling for corner lots, provided that where a lot has lessarea than herein required and such lot was in separateownership prior to September 25, 1967, this requirement will notprohibit the erection of a one-family dwelling. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre and one acre on the Edwards Aquifer Recharge Zone.(viii) Lot depth. 100 feet.(viii~) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(v) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be n 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(vi) Lot area per family. Duplexes hereafter erected or alteredshall have a lot area of not less than 8,000 square feet for aninterior lot and 8,500 square feet for a comer lot. Where a lotwas legally under separate ownership prior to September 25,1967, but has an area less than the minimum required in thisU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRQ OFdiRaRse\ZeRiRQ revisieRs~ Page49)

Zoning Ordinance -effective Nov. 8, 2006 R-3provision, this regulation shall not prohibit the erection of a onefamilyresidence, but shall prohibit the erection of a two-familyresidence. Where a public or community sewer is not availableand in use for the disposal of all sanitary sewage, each lot shallprovide not less than one acre and approved by the CitySanitarian.(vii) Lot depth. 100 feet.(viii) Parking. Two off-street parking spaces shall be provided foreach two-family dwelling unit. See Section 5.1 for other permitteduses' parking.(3) Multifamily dwellings.(i) Height. 45 feet. 60 feet when a pitched roof is used (minimum+--- {Formatted: Ind;;t;L~:2.s;;;i=i~ti~~:O;-u'4:12 pitch)..., ---·····-····-·-·-·--·-·--·······-···-·-'(ii)Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.)M__Garage setback. Where a driveway is located in front of a+--­garage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be +2 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(viii) Lot area. The minimum lot area for a multifamily dwellingshall be 15,000 square feet; for each unit over ten an additionalU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:lPiaAAiA~~eAiAg OfdiAaAG~eAiA~ fe'JisieAs~ Page50)

)Zoning Ordinance- effective Nov. B, 2006 R-31,500 square feet of lot area shall be required. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, multifamily developments shall be approvedby the City Sanitarian.(viiiil9 Lot coverage. The combined area of all yards shall be atleast 55 percent of the total lot or tract; provided, however, that inthe event enclosed parking is provided the minimum total yardarea requirement shall be 40 percent of the total lot or tract.(ix) Distance between structures. For multifamily structures,there shall be a minimum of ten feet between structures side byside; a minimum of 20 feet between structures side by front orrear; a minimum of 40 feet between structures front to front; anda minimum of ten feet between structures backing rear to rear,and a minimum of 20 feet front to rear. (See illustration 1)Street------1 j.--10'Min(SidebySide)-- - - --------- ----StreetIllustration 1Distance Between Multifamitf (Low Density) StruciUres(x) Lot depth. 100 feet.(xi) Parking.U:\Plannjog\Zonjnq Qrdjnance\Amendments 2012\Zonjnq revisions 2012 docx' 1·'P'annirg' 70 Qjgg Ordinanca\Zsgjpg rm'isions~ Page51)

)Zoning Ordinance- effective Nov. 8, 2006 R-3For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low incomeelderly occupancy ... 3/4 space("Low income elderly" is defined as any person 55 yearsof age or older with low or moderate income, accordingto HUD standards. )(4) Non-Residential Uses.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.l(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:',PiaAAiAgiZaAiAg OFdiAaAse\ZaAiAg Fa•JisiaAs~ Page52)

)Zoning Ordinance- effective Nov. 8, 2006 R-3U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgl£eRiRQ OrdiRaRsell:eRiRQ reuisieRs20-14Aes Page 53)

Zoning Ordinance- effective Nov. 8, 2006 B-13.3-4. "8-1" conventional and mobile home district. The following regulations shall applyin all "B-1'' districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureBoardinghouse/lodging houseCommunity home (see definition)Duplex I two-family I duplex condominiumsFamily home adult careFamily home child careHome occupation (see sec. 5.4)HUD code - manufactured home I mobile homes, after a permitis obtained from the building inspector to permit removal ofwheels or transporting device and attaching the home to apermanent foundation on the ground, which home shallthereafter be regarded as a permanent structure and shallmeet all applicable codes and ChaptersMultifamily (apartments/condominiums)One family dwelling, detachedRental or ossu~ansy for less than one month(see See. !i.1€l)Single family industrialized home (Sec. 5.7 does not apply)JNon-residential uses:Art aealer I !JalleryBarns and farm equipment storage (related to agricultural uses)Cemetery and/or mausoleumChurch/place of religious assemblyClub (~rivate)Community building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Country club (private)Day sam~Electrical substationFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Fraternal organization I civic club (private club)Golf course, public and privateGovernmental building or use (state/federally OO.\'neao~eratea) with no outside storageHos~ital, !Jeneral (asute sare/shronis sare)Hos~ital, rehabilitationHotel/motelHotels/motelsextenaea stay (resiaense hotels)anaU:\Pianninq\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaAAiAgiZaAiAg OF~iAaAGe\ZaAiAO FeYisiaAs~ Page54)

)Zoning Ordinance- effective Nov. 8, 2006 B-1MuRioij:lal use O'.YReEI or Oj:lerateEI ey tt:le City of Nev.' 13rauRfels,iRoluEiiR!l lierariesMuseumNursing I convalescent home I sanitariumPark and/or playground (public or private)Plant nursery (growing for commercial purposes but no retailsales on sitePublic recreation/services building for public park/playgroundareasRecreation buildings (public)Retirement home I home for the aged- publicSchool, K-12 (public or private)Telephone exchange buildings (office only)Truok !JarEieRUniversity or college (public or private)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) One family dwelling.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.f.iy)_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. Interior lots 60 feet. Corner lots 70 feet. Where alot has less width than herein required, and such lot was inseparate ownership prior to September 25, 1967, thisrequirement will not prohibit the erection of a one-family dwelling.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAQ~AiAQ OraiAaAGeiZeAiAQ FEwisiaAs~ Page55)

Zoning Ordinance- effective Nov. 8, 2006 B-1(2) Duplexes.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than 6,600square feet per dwelling for interior lots, and 7,000 square feetper dwelling for corner lots, provided that where a lot has lessarea than herein required and such lot was in separateownership prior to September 25, 1967, this requirement will notprohibit the erection of a one-family dwelling. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre and one acre on the Edwards Aquifer Recharge Zone.(viii) Lot depth. 100 feet.(iJs.viii) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.{fJ{LGarage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be -72 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(vii) Lot area per family. Two-family dwellings (duplexes)hereafter erected or altered shall have a lot area of not less than8,000 square feet for an interior lot and 8,500 square feet for acorner lot. Where a lot was legally under separate ownershipU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OrdiRaRseiZeRiRg re•JisieRs~ Page56

)Zoning Ordinance- effective Nov. 8, 2006 B-1prior to September 25, 1967, but has an area less than theminimum required in this provision, this regulation shall prohibitthe erection of a two-family residence. Where a public orcommunity sewer is not available and in use for the disposal ofall sanitary sewage, each lot shall provide not less than one acreand approved by the City Sanitarian.(viii) Lot depth. 100 feet.('liii!f) Parking. Two off-street parking spaces shall be providedfor each two-family dwelling unit. See Section 5.1 for otherpermitted uses' parking.(3) Multifamily dwellings.(i) Height. 45 feet. 60 feet when a pitched roof is used (min. 4: 12)(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.{y)_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vl) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Width of tot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be n 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(viii) Lot area. The minimum lot area for a multifamily dwellingshall be 15,000 square feet; for each unit over ten an additionalU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:'PiaAAiAgiZeAiAg OrdiAaAse\ZeAiAg re•JisieAs~ Page57)

)Zoning Ordinance- effective Nov. 8, 2006 B-11 ,500 square feet of lot area shall be required. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, multifamily developments shall be approvedby the City Sanitarian.(viii~) Lot coverage. The combined area of all yards shall be atleast 55 percent of the total lot or tract; provided, however, that inthe event enclosed parking is provided the minimum total yardarea requirement shall be 40 percent of the total lot or tract.(ix) Distance between structures. For multifamily structures,there shall be a minimum of ten feet between structures side byside; a minimum of 20 feet between structures side by front orrear; a minimum of 40 feet between structures front to front; anda minimum of ten feet between structures backing rear to rear,and a minimum of 20 feet front to rear. (See illustration 1)(xi) Lot depth. 100 feet.(xii) Parking.For apartments, apartment hotel units and othermultifamily dwellings, off-street parking spaces shall beprovided in accord with the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space74. Each dwelling unit provided exclusively for low incomeelderly occupancy ... 3/4 space("Low income elderly" is defined as any person 55 yearsof age or older with low or moderate income, accordingto HUD standards. )U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRQ OFtliRaRseiZeRiAg re•JisieRs~ Page58

Zoning Ordinance- effective Nov. 8, 2006TH3.3-5. "TH" townhouse residential district. The following regulations shall apply in all ''TH"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:( 1) Uses permitted by rightResidential uses:Accessory building/structureCommunity home (see definition)Family home adult careFamily home child careHome occupation (See Sec. 5.4)Townhouse (attached)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(statel-feEieFally owAe€1 aAEI operate€!)M~o~Aioipal ~o~se owAe€1 or opeFate€1 l:ly the City of Ne·N BFa~o~Afels,iAol~o~EiiAglil:lrariesPark and/or playground (private or public)Park aAEI!or playgro~o~AEI (p~o~l:llio)Recreation buildings (public)School, K-12 (public or private)Tr~o~ok garEieA (Ao retail or wholesale sales)UAiversity or college (p~o~l:llio or private)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Height. 35 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiA!JIZaAiAIJ OrdiAaAGeiZaAiAIJ revisieAs~ Page59)

)Zoning Ordinance- effective Nov. 8, 2006TH(2) Front building setback. 1 0 feet. If front entry garages/carports areprovided, a minimum front yard of 20 feet shall be provided to thegarage/carport.(3) Side building setback. No side building setbacks are required forinterior lots except the minimum distance between two building groupsshall be 20 feet and the minimum distance between a building group andany abutting subdivision boundary or zoning district boundary line shallbe 20 feet. Buildings on comer lots shall have 15-foot side buildingsetbacks adjacent to the street, except where the rear lot line of a cornerlot coincides with a side lot line of an adjacent lot, then 25-foot minimumside yards adjacent to the street shall be provided.Ml_Garage setback. Where a driveway is located in front of a garage, thegarage shall be setback 20 feet from the right-of-way or the driveway tothe garage shall be at least 20 feet long to provide enough space for avehicle to park without overhanging into the right-of-way, if the garagedoor is closed. (See illustration 8 in Sec. 5.1-1)(4§) Rear building setback. No building shall be constructed closer thanten feet from the rear property line. If the rear of the lots abut any otherresidential zoning district, the rear building setback shall have a minimumdepth of 20 feet.(a§) Width of lot. Interior lots shall have a minimum width of 25 feet.Corner lots shall have a minimum width of 40 feet except where the rearlot line of a corner lot coincides with a side lot line of an adjacent lot, thenthe comer lot shall have a minimum width of 50 feet.(eZ) Lot depth. 100 feet.(+!!) Lot area per family. 2,500 square feet.(8f!) Common open space. A minimum of 250 square feet of commonopen space per lot shall be provided within the townhouse project. Incomputing the required common open space, individually ownedtownhouse lots, required front, rear, or side setbacks, streets, alleys, orpublic rights-of-way of any kind, vehicular drives, parking areas, servicedrives, or utility easements containing or permitting overhead polecarried service shall not be included. Drainage easements and detentionponds may be used in computing common open space.(c) Other requirements:(1) Building group. There shall be no less than two nor more than eightindividual dwelling units in each building or dwelling group. Each buildinggroup shall be at least 20 feet from any other building group, measuredfrom the nearest points of their foundations. Each building or buildinggroup shall be at least 20 feet from any subdivision or zoning districtboundary line.(2) Accessory buildings. Any detached accessory buildings permitted,except carports open on at least two sides, shall be set at least three feetU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PiaAAiAgiZaAiAg OFdiAaAsa\ZaAiAg Fa'JisiaAs2lJ.1..1..4eG Page 60)

)Zoning Ordinance -effective Nov. 8, 2006THaway from the side lot line unless their walls are equal in fire resistanceto the common walls of the main structure. Detached carports, open onat least two sides, may be built to the property line with no common wallrequired. Rear building setback for an accessory building shall be threefeet. Any accessory building permitted in district "R-1" shall be permittedin district "TH."(3) Parking. There shall be at least two off-street parking spaces for eachtownhouse. See Section 5.1 for other permitted uses' parking.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZoAiA!J OrdiAaAGeiZoAiA!J revisioAs:!lJ.1.-1..,doo Page 61)

)Zoning Ordinance- effective Nov. 8, 2006ZH3.3-6. "ZH" zero lot line home district. The following regulations shall apply in all "ZH"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses.Accessory building/structureAccessory dwelling (one accessory dwelling per lot, nokitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (See Sec. 5.4)Single family industrialized home (see Sec. 5.7)Zero lot line I patio homesNon-residential uses:Barns and farm equipment storage (related to agriculturaluses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code andSec. 5.8)Farms, general (livestock/ranch) (see Chapter 6, MunicipalCode and Sec. 5.8)Golf course, public and privateGovernmental building or use with no outside storage(state/federally o'.'med and operated)Munioipal use owned or operated lly the City of NewBraunfels, ineludinglillrariesPark and/or playground (private or public)Park andior playground (pulllie)Recreation buildings (public)School, K-12 (public or private)Truok garEien (no retail or wholesale sales)University or college (pulllio or pri•,

)Zoning Ordinance- effective Nov. 8, 2006ZH(1) Height. 35 feet.(2) Front building setback. 1 0 feet. If front entry garages/carports areprovided, a minimum front yard of 20 feet shall be provided to thegarage/carport.(3) Side building setback. There shall be no side building setbackrequired on one side of the lot and a minimum of 10 feet in the oppositeside yard. If the side of the lot abuts any other residential zoning district,that side building setback shall have a minimum of ten feet. The dwellingon the "no side building setback required" side may be off-set from theproperty line by no more than one foot. However. a provision can bemade for 5 foot setbacks on both sides if it meets all applicable buildingcodes.(4) Corner lots. Buildings on corner lots shall provide a minimum exteriorside building setback of 1 0 feet. If entry to a garage/carport is providedon the exterior side, a minimum yard of 20 feet shall be provided to thegarage/carport.(5) Rear building setback. If rear entry garages/carports are providedfrom an alley, the rear building setback shall have a minimum depth of20 feet. If no alley is provided and garage/carport entries are from thefront, the rear building setback shall have a minimum depth of 10 feet. Ifthe rear of the lots abut any other residential zoning district, the rearbuilding setback shall have a minimum depth of 20 feet.(6)Width oflot. 40 feet.(7) Lot area. 4,000 square feet.(8) Lot depth. 100 feet.(c) Other requirements:(1) Minimum area zoned. Not less than three lots with common side lotlines will be zoned for zero lot line homes. When facing on the samestreet within the same block, mixing of ZH structures and otherresidential structures will not be allowed. However, this does notpreclude other residential uses on one side of a street with ZH uses onthe opposite side of the street within the same block or different blocks.(2) Zero lot line wall. No door or window openings shall be built into theside wall facing the zero lot line except those that are more than threefeet from the property line and screened by a masonry wall at least eightfeet in height so that the opening(s) is not visible from the adjoiningproperty. (See illustration 3, "ZH-A" district)(3) Maintenance, drainage and overhang easement. A maintenance,drainage and overhang easement of five feet shall be provided on eachlot that is adjacent to a lot with a zero setback allowance. This easementshall be for the purpose of maintaining the wall and foundation that isU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:'PiaAAiAg\6QAiAg OrdiAaAGQ\6QAiAg revisieAs2Q.1.4.Goo Page 63)

)Zoning Ordinance- effective Nov. 8, 2006ZHadjacent to one side property line to provide for proper maintenance anddrainage.(4) Overhang. Eaves and gutters may overhang the zero lot line side ofthe lot by no more than 18 inches. If there is an overhang over the lotline, a gutter is required such that roof runoff shall not be deposited overthe lot line onto adjoining property.(5) Parking. There shall be at least two off-street parking spaces for eachzero lot line home. See Section 5.1 for other permitted uses' parking.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\Pianning\Zening OrdinanGe\Zening revisiens~ Page64

)Zoning Ordinance- effective Nov. 8, 2006 C-13.3-7. "C-1" local business district. The following regulations shall apply in all "C-1"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Assisted living facility/retirement homeBoardinghouse/lodging houseCommunity home (see definition)Duplex I two-family I duplex condominiumsFamily home adult careFamily home child careHome occupation (see Sec. 5.4)HUD code-manufactured home (see Sea. 9.7)Multifamily (apartments/condominiums)One family dwelling, detachedRental or occupancy for less than one month (see Sec. 5.16)Residential use in buildings with the following non-residentialusesSingle or two family industrialized home (see Sec. 5.7)Non-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care with overnight stayAmbulance service (private)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAutomobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or credit unionBar/Tavern (No outdoor music)Barber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBook bindingBook storeCafeteria I cafe I delicatessenCampers' suppliesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:'PiaAAiAQ\Z9AiAQ GrdiAaAse\ZeAiAQ revisieAs~ Page65)

Zoning Ordinance- effective Nov. B, 2006C-1Cemetery and/or mausoleumCheck cashing serviceChild day care/children's nursery (business)Church/place of religious assemblyCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (medical)Clinic (emergency care)Club (private)Coffee shopCommunication equipment (installation and/or repair)Community building (associated with residential uses)Computer and electronic salesComputer repairo.Qonfectionery store (retail)GoRmstioRery stor:e (r:etail)Consignment shopContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesCountry club (private)Credit agencyCurio shopsCustom work shopsDay campDepartment storeDrapery shop I blind shopDrug sales/pharmacyElectrical repair shopElectrical substationExterminator serviceFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Filling station (gasoline tanks must be below the ground)FloristFood or grocery store with or without gasoline salesFood or groeery stor:e with gasoliRe salesFraternal organization/civic club (private club)Frozen food storage for individual or family useFuneral home/mortuaryFurniture sales (indoor)Garden shops and greenhousesGolf course (miniature)Golf course, public or privateGovernmental building or use with no outside storage(state/federally owRed aRd operated)Greenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaRRiRg\ZeRiRg OrdiRaRGe\ZeRiRg revisieRs~ Page66)

)Zoning Ordinance- effective Nov. 8, 2006C-1HospiceHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels- extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)Kiosk (providing a retail service)Laundromat and laundry pickup stationsLaundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLocksmithMartial arts schoolMedical supplies and equipmentMini-warehouse/self storage units (no boat I RV storagepermitted; no outside storage)Motion picture studio, commercial filmMotion picture theater (indoors)Municipal use ovmeEI or operateEI ay the City of ~Jew Braunfels,inoluEiing liarariesMuseumNeedlework shopNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (public or private)Parking lots (for passenger car only) (not as incidental to themain use)Pawn shopPet shop I supplies (10,000 sq. ft. or less)Photographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nursery (growing for commercial purposes with retail saleson site)Plant nursery (retail sales I outdoor storage)Plumbing shopPublic recreation/services building for public park/playgroundareasRadio/television shop, electronics, computer repairRecreation buildings (public)Refreshment/beverage standRestaurant/prepared food salesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRg OFdiRaRse\ZeRiRg Fe'JisieRs~ Page67)

)Zoning Ordinance- effective Nov. 8, 2006 C-1Restaurant with drive through serviceRetail store and shopping centertmis&.j withoot drive thru service(50,000 sq. ft. bldg. or less)Retail store antl shOI'JI'Jin!l oenter (rnore than §O,QOO S(l. ft. l:lltl!J.)Retirement home/home for the agedSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring company telemarketing agencyShoe repair shopsStudios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Studio for radio or television (without tower)Tailor shop (see home occupation)Telecommunications towers/antennas (see Sec. 5.6)Telemarketing agencyTelephone exchange buildings (office only)Theater (non-motion picture; live drama)Tool rentalTravel agencyTrwok !Jartlen (with retail sales)University or college (public or private)Upholstery shop (non-auto)Vacuum cleaner sales and repairVideo rental/ salesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. No side building setback is requiredexcept that where a side line of a lot in this district abuts uponthe side line of a lot in a "R" or "B-1" zone, a side buildingsetback of not less than six feet shall be provided.(iv) Rear building setback. 20 feet.(v) Residential setback. Effective November 8, 2006, where anon-residential building abuts a one or two family use or zoningU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:\PiaRRiRQ@RiRg OFdiRaRse\ZeRiRg re•JisioRs~ Page68)

)Zoning Ordinance -effective Nov. 8, 2006 C-1district, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover20feet.(vi) Width of lot. The minimum width of a lot shall be 40 feet,provided that where a lot has less width than required and suchlot was in separate ownership prior to February 4, 1984, thisrequirement will not prohibit the construction of a useenumerated in this district.(vii) Corner lots. A minimum 25-foot front yard and side buildingsetback adjacent to streets shall be required on all corner lots. Acanopy at least six feet in height, attached to the main building,may be built within 15 feet of the street line so long as suchconstruction is not supported by columns which will obstruct thevision of vehicles driving upon adjacent streets.(viii) Parking. See Section 5.1. for permitted uses parking.(2) One family dwellings.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.{Yl.Garage setback. Where a. drivfeway is locatedfin front of a g~rage, the+- - - {formatted;I~d~~t:·i.~ft:; 2;; - ----_]garage shall be setback 20 oeet rom the right-o -way or the dnveway to ---··-···-···the garage shall be at least 20 feet long to provide enough space for avehicle to park without overhanging into the right-of-way, if the garagedoor is closed. (See illustration 8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be +J 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(vii) Lot area. 6,600 square feet per family for interior lots, and7,000 square feet per family for corner lots. Where a lot waslegally under separate ownership prior to September 25, 1967,but has an area less than the minimum required in this provision,U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:'PiaRRiRg@RiRg GrdiRaRsel£eRiRg re>JisieRs~ Page69)

)Zoning Ordinance- effective Nov. 8, 2006 C-1(3) Duplexes.this regulation shall not prohibit the erection of a one-familyresidence. Where a public or community sewer is not availableand in use for the disposal of all sanitary sewage, each lot shallprovide not less than one half acre and one acre on the EdwardsAquifer Recharge Zone.(viii) Lot depth. 100 feet.(viii~) Parking. Two off-street parking spaces shall be providedfor each one family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.{yl_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be +J 70 feet.(vii) Lot area. Duplexes hereafter erected or altered shall have alot area of not less than 8,000 square feet for an interior lot and8,500 square feet for a corner lot. Where a lot was legally underseparate ownership prior to September 25, 1967, but has anarea less than the minimum required in this provision, thisregulation shall prohibit the erection of a two-family residence.Where a public or community sewer is not available and in usefor the disposal of all sanitary sewage, each lot shall provide notless than one acre and approved by the City Sanitarian.(viii) Lot depth. 100 feet.U:\Pianninq\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxlJ:\F'IaAAiAQIZ9AiAQ OFdiAaAseiZeAiAQ Fe•lisieAs2lJ.1+.00G Page 70

)Zoning Ordinance- effective Nov. 8, 2006 C-1(viii21) Parking. Two off-street parking spaces shall be providedfor each two-family dwelling unit. See Section 5.1 for otherpermitted uses' parking.(4) Multifamily dwellings.(i) Height. 35 feet: 50 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on comer lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.!..Yl.._Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 72 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(viii) Lot area. The minimum lot area for a multifamily dwellingshall be 15,000 square feet; for each unit over ten an additional1,500 square feet of lot area shall be required. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, multifamily developments shall be approvedby the City Sanitarian.(viii~) Lot coverage. For multifamily structures, the combinedarea of all yards shall be at least 55 percent of the total lot ortract; provided, however, that in the event enclosed parking isU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiA!J OrdiAaAGeiZeAiA!J revisieAs~ Page71)

)Zoning Ordinance- effective Nov. 8, 2006 C-1provided the minimum total yard area requirement shall be 40percent of the total lot or tract.(ix) Distance between structures. For multifamily structures,there shall be a minimum of ten feet between structures side byside; a minimum of 20 feet between structures side by front orrear; a minimum of 40 feet between structures front to front; anda minimum of ten feet between structures backing rear to rear,and a minimum of 20 feet front to rear. (See illustration 1)(xi) Lot depth. 100 feet.(xii) Parking. For apartments, apartment hotel units and othermultifamily dwellings, off-street parking spaces shall be providedin accord with the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low incomeelderly occupancy ... 3/4 space("Low income elderly" is defined as any person 55 yearsof age or older with low or moderate income, accordingto HUD standards. )See Section 5.1 for other permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRg\ZeRiRg OrdiRaRse\ZeRiRg revisieRs~ Page72)

Zoning Ordinance- effective Nov. 8, 2006 C-23.3-8. "C-2" general business district. The following regulations shall apply in all "C-2"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Assisted living facility/retirement homeBed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCommunity home (see definition)Duplex I two-family I duplex condominiumsFamily home adult careFamily home child careHome occupation (See Sec. 5.4)HUD code-manufactured home (see See. §.7)Multifamily (apartments/condominiums)One family dwelling, detachedRental or occupancy for less than one month (see Sec. 5.16)Residential use in buildings with the following non-residentialusesSingle family industrialized home (see Sec. 5.7)Non-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)All terrain vehicle (A TV) dealer /salesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArt dealer I galleryArtist or artisan's studioArmed services recruiting centerAssembly/exhibition hall or areasAthletic fieldsAuction sales (non-vehicle)Auto body repair, garages (see Sec. 5.10)Auto leasingAuto glass repair/tintingAuto interior shop I upholsteryAuto muffler shopU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAg~AiAg OFdiAaAse\ZeAiAg FevisieAs~ Page73)

Zoning Ordinance- effective Nov. 8, 2006C-2Auto or trailer sales rooms or yardsAuto or truck sales rooms or yards - primarily newAuto paint shopAuto repair garage (general)Auto repair as an accessory use to retail salesAuto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or credit unionBar/TavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBilliard I pool facilityBingo facilityBio-medical facilitiesBook bindingBook storeBowling alley/center (see Sec. 5.12)Broadcast station (with tower) (see Sec. 5.6)Bus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCar wash, full service (detail shop)Car wash (self service; automated)CatererCemetery and/or mausoleumCheck cashing serviceChild day care/children's nursery (business)Church/place of religious assemblyCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Club (private)Coffee shopCommercial amusement concessions and facilitiesCommunication equipment (installation and/or repair)Community building (associated with residential uses)Computer and electronic salesComputer repairConfectionery store (retail)Consignment shopContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesConvenience store with gas salesCountry club (private)Credit agency)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU: 1 .01aAAiA~IZeAiA~ OraiAaAseiZeAiA~ revisieAs~ Page74\}

)Zoning Ordinance- effective Nov. 8, 2006C-2. ) ICurio shopsCustom work shopsDance hall/ dancing facility (see Sec. 5.12)Day campDepartment storeDrapery shop I blind shopDrug sales/pharmacyElectrical repair shopElectrical substationExterminator serviceFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFood or grocery store with or without gasoline salesFood or grocery store 'Nith gasoline salesFraternal organization/civic club (private club)Frozen food storage for individual or family useFuneral home/mortuaryFurniture sales (indoor)Garden shops and greenhousesGolf course (miniature)Golf course, public or privateGovernmental building or use (state/federally awned andoperated)Greenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHospiceHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels -extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)Kiosk (providing a retail service)Laundromat and laundry pickup stationsLaundry, commercial (w/o self serve)Laundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLimousine I taxi serviceLocksmithMartial arts schoolMedical supplies and equipmentMicro brewery (onsite manufacturing and/or sales)Mini-warehouse/self storage units (no boaURV storagepermitted)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiA~IZeAiA~ OrdiAaAGei£9AiA~ re>JisieAs2lJ.1+.00G Page 75)

)Zoning Ordinance- effective Nov. 8, 2006C-2Motion picture studio, commercial filmMotion picture theater (indoors)Motorcycle dealer (primarily new I repair)Munisipal use awned er operated ey the City ef New Braunfels,insluding lierariesMuseumNeedlework shopNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (private)Park and/or playground (public)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure/public garagePawn shopPersonal watercraft sales (primarily new I repair)Pet shop I supplies (than 10,000 sq. ft. or less)Photographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nurseryPlant nursery, with retail salesPlumbing shop (no outside storage)Public recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRecreation buildings (private)Recreation buildings (public)Recycling kioskRefreshment/beverage standRestaurant/prepared food salesRestaurant with drive-throughRetail store and shopping center(misc.) without dri'le thru servise(50,000 sq. ft. bldg. or less)Retail store and shopping center (more than 50,000 sq. ft. bldg.)Retirement home/home for the aged - publicRV/travel trailer salesSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companyU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU :'.OiaRRiR!JIZeRiRg OrEiiRaRGeiZeRiAg re•JisieRs~ Page76

)Zoning Ordinance- effective Nov. 8, 2006C-2Security systems installation company (with outside storage)Shoe repair shopsStorage in bulkStudios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Studio for radio or television (without tower)Tailor shopTelecommunications towers/antennas (see Sec. 5.6)Telemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoors)Tool rentalTravel agencyTrusk gaFEien, with retail salesUniversity or college (public or private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVideo rental/ salesWarehouse I office and storage I distribution centerWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesWaterfront amusement facilities - boat landing piers I launchingrampsWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWholesale sales offices and sample roomsWoodworking shop (ornamental)Any comparable use not included in or excluded from any otherdistrict described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. 75 feet.(ii) Front building setback. No building setback required.(iii) Width of lot. 60 feet. Where a lot has less width than requiredand such lot was in separate ownership prior to February 4,U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRQIZ9RiRQ OrdiRaRse\ZsRiRQ re>JisisRs2Q.1..1...doo Page 77)

\JZoning Ordinance- effective Nov. 8, 2006 C-21984, this requirement will not prohibit the construction of a useenumerated in this district.(iv) Comer lots. No setback from a street is required.(v) Side building setback. No side building setback is requiredexcept that where a side lot line of a lot in this district abuts uponthe side line of a lot in a "R" or "B-1'' zone, a side buildingsetback of not less than six feet shall be provided.(vi) Rear building setback. 20 feet.(vii) Residential setback. Effective November 8, 2006, where anon-residential building abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover20feet.(viii) Lot depth. 1 00 feet.(ix) Parking. See Section 5.1 for other permitted uses' parking.(2) One family dwellings.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.!l!L Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PianniR!II£9AiR!I GFdinanse\£sning Fevisisns~ Page78

)Zoning Ordinance- effective Nov. 8, 2006 C-2(3) Duplexes.(vii) Lot area. Every single-family dwelling hereafter erected oraltered shall have a lot area of not less than 6,600 square feetfor interior lots, and 7,000 square feet for corner lots. Where a lotwas legally under separate ownership prior to September 25,1967, but has an area less than the minimum required in thisprovision, this regulation shall not prohibit the erection of a onefamilyresidence. Where a public or community sewer is notavailable and in use for the disposal of all sanitary sewage, eachlot shall provide not less one half acre and one acre on theEdwards Aquifer Recharge Zone.(viii) Lot depth. 1 00 feet.(~) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.!.l!l_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be n 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(vii) Lot area. Duplexes hereafter erected or altered shall have alot area of not less than 8,000 square feet for an interior lot and8,500 square feet for a corner lot. Where a lot was legally underseparate ownership prior to September 25, 1967, but has anarea less than the minimum required in this provision, thisU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:\PiaRRiRQ~RiRQ 0FdiRaRsel£eRiRQ fevisieRs~ Paqe79)

Zoning Ordinance- effective Nov. 8, 2006 C-2regulation shall prohibit the erection of a two-family residence.Where a public or community sewer is not available and in usefor the disposal of all sanitary sewage, each lot shall provide notless than one acre and approved by the City Sanitarian.(viii) Lot depth. 100 feet.(iJr.'iii) Parking. Two off-street parking spaces shall be providedfor each two-family dwelling unit. See Sec. 5.1 for otherpermitted uses' parking.(4) Multifamily dwellings.(i) Height. 45 feet: 60 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.)M_ Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be +2 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling. ·(vii) Lot area. The minimum lot area for a multifamily dwellingshall be 15,000 square feet; for each unit over ten an additional1,500 square feet of lot area shall be required. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, multifamily developments shall be approvedby the City Sanitarian.(viii) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Piannino\Zanino Ordinanse\Zonino re•Jisians~ PageBO)

)Zoning Ordinance- effective Nov. 8, 2006 C-2be at least 20 feet plus one foot for each foot of building heightover20 feet.(~) Lot coverage. For multifamily structures, the combinedarea of all yards shall be at least 55 percent of the total lot ortract; provided, however, that in the event enclosed parking isprovided the minimum total yard area requirement shall be 40percent of the total lot or tract.(ix) Distance between structures. For multifamily structures,there shall be a minimum of ten feet between structures side byside; a minimum of 20 feet between structures side by front orrear; a minimum of 40 feet between structures front to front; anda minimum of ten feet between structures backing rear to rear,and a minimum of 20 feet front to rear. (See illustration 1 in Sec.3.3-3)(xi) Lot depth. 100 feet.(xij) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards. )U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OrdiAaAGeiZeAiAg re11isieAs~ Page81)

)Zoning Ordinance- effective Nov. 8, 2006 C-33.3-9. "C-3" commercial district. The following regulations shall apply in all "C-3" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Appendix. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Bed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCommunity home (see definition)Duplex I two-family I duplex condominiumsFamily home adult careFamily home child careHome occupation (See Sec. 5.4)HUD code-manufactured home (see Sec. 5.7)Multifamily (apartments/condominiums)One family dwelling, detachedRental or occupancy for less than one month (see Sec. 5.16)Residential use in buildings with the following non-residentialusesSingle family industrialized home (see Sec. 5.7)Non-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)Aircraft support and related servicesAll terrain vehicle (A TV) dealer I salesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAthletic fieldsAuction sales (non-vehicle)Auto body repair, garages (see Sec. 5.1 0)Auto glass repair/tinting (see Sec. 5.1 0)Auto interior shop I upholstery (see Sec. 5.1 0)Auto leasingAuto muffler shop (see Sec. 5.10)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRg\ZeRiRg OFaiRaRse\ZeRiAg Fe•:isieAs~ Page82

)Zoning Ordinance- effective Nov. 8, 2006 C-3Auto or trailer sales rooms or yards (see Sec. 5.11)Auto or truck sales rooms or yards - primarily new (see Sec.5.11)Auto paint shopAuto repair as an accessory use to retail sales (see Sec. 5.1 0)Auto repair garage (general) (see Sec. 5.1 0)Auto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or creditBar/TavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery Charging stationBicycle sales and/or repairBilliard I pool facilityBingo facilityBio-medical facilitiesBook bindingBook storeBottling or distribution plants (milk)Bottling worksBowling alley/center (see Sec. 5.12)Broadcast station (with tower) (see Sec. 5.6)Bus barns or lotsBus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCar wash (self service; automated)Car wash, full service (detail shop)Carpet cleaning establishmentsCatererCemetery and/or mausoleumCheck cashing serviceChemical laboratories (not producing noxious fumes or odors)Child day care/children's nursery (business)Church/place of religious assemblyCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Club (private)Coffee shopCommercial amusement concessions and facilitiesCommunication equipment installation and/or repairCommunity building (associated with residential uses)Computer and electronic salesComputer repairConfectionery store (retail)Consignment shopU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:lPianningllening OFdinansellening re•Jisiens~ Page83)

)Zoning Ordinance -effective Nov. 8, 2006 C-3Contractor's office/sales, with outside storage including vehiclesContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesCenvenienee stere v .. itheut !Jas salesCountry club (private)Credit agencyCurio shopsCustom work shopsDance hall/ dancing facility (see Sec. 5.12)Day campDepartment storeDrapery shop I blind shopDrug sales/pharmacyElectrical repair shopElectrical substationExterminator serviceFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFood or grocery store with gasoline salesFood or grocery store without gasoline salesFraternal organization/civic club (private club)Freight terminal, truck (all storage of freight in an enclosedbuilding)Frozen food storage for individual or family useFuneral home/mortuaryFurniture manufactureFurniture sales (indoor)Garden shops and greenhousesGolf course (miniature)Golf course, public or privateGovernmental building or use (statelfeEierally ewneEI anEISJ'lerateEI)Greenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHeavy load (farm) vehicle sales/repair (see Sec. 5.13)Home repair and yard equipment retail and rental outlets (nooutside storage)HospiceHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels - extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)jU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg~eRiRQ OFdiRaRGe~RiRg FevisieRs~ Page84

)Zoning Ordinance -effective Nov. 8, 2006C-3Kiosk (providing a retail service)Laundromat and laundry pickup stationsLaundry, commercial (w/o self serve)Laundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLimousine I taxi serviceLocksmithLumberyard (see Sec. 5.14)Lumberyard or building material sales (see Sec. 5.14)Maintenance/janitorial serviceMajor appliance sales (indoor)Market (public, flea)Martial arts schoolMedical supplies and equipmentMetal fabrication shopMicro brewery (onsite manufacturing and/or sales)Mini-warehouse/self storage units with outside boat and RVstorageMini-warehouse/self storage units (no outside boat and /RVstorage permitted)Motion picture studio, commercial filmMotion picture theater (indoors)Motion picture theater (outdoors, drive-in)Motorcycle dealer (primarily new I repair)Moving storage companyMoving, transfer, or storage plantMunieiJ')al use swnefl sr SJ')eratefl BY the City sf New Braunfels,inelufling liBrariesMuseumNeedlework shopNon-bulk storage of gasoline, petroleum products and liquefiedpetroleumNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (private or public)Park anfl!sr J')laygrsuna (J'lUBiie)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure/public garagePawn shopPersonal watercraft sales (primarily new I repair)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:'PiaRRiRQI£9RiRQ OFdiRaRG~RiRQ FevisieRs~ Page85)

Zoning Ordinance- effective Nov. 8, 2006C-3Pet shop I supplies (10,000 sq. ft. or less)Pet store (more than 10,000 sq. ft.)Photo engraving plantPhotographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nurseryPlant nursery, with retail salesPlumbing shopPortable building salesPropane sales (retail)Public recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRecreation Buildings (private or public)Recreatian euilaiA!lS (puelic)Recycling kioskRefreshment/beverage standResearch lab (non-hazardous)Restaurant with drive-throughRestaurant/prepared food salesRetail store and shopping center (more than 50,000 sq. ft. bldg.)Retail store and shopping center withaut arive thru service(50,000 sq. ft. bldg. or less)Retirement home/home for the aged - publicRV parkRV/travel trailer salesSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation companyShoe repair shopsSign manufacturing/painting plantStorage - exterior storage for boats and recreational vehiclesStorage in bulkStudio for radio or television (without tower)Studios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTattoo and body piercing studioTaxidermistTelemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoors)Tool rentalTaurist caurtTransfer station (refuse/pick-up)Travel agencyTruck !jaraen, with retail salesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgll:eAiAg OFdiAaAsell:eAiRg FS"isieAs~ Page86

)Zoning Ordinance- effective Nov. 8, 2006C-3University or college (public or private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVeterinary hospital (with or without fiG outside animal runs orkennels) with the exception that outdoor kennels may not beused between the hours of 9:00 p.m. and 7:00 a.m and areprohibited adjacent to residentialVeterinary has13ital (with a~,~tElaar animal r1,1ns ar kennels)Video rental/ salesWarehouse I office and storage I distribution centerWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesWaterfront amusement facilities - boat landing piers I launchingrampsWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWelding shopWholesale sales offices and sample roomsWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. 120 feet.(ii) Front building setback. No building setback required.(iii) Side building setback. No side building setback is requiredexcept that where a side line of a lot in this district abuts uponthe side line of a lot in a "R" or "B-1'' zone, a side buildingsetback of not less than &»!five feet shall be provided.(iv) Rear building setback. 20 feet.(v) Residential setback. Effective November 8, 2006, where anon-residential building abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZGAiAg OFdiAaAGeiZGAiAg Fe"isiGAS~ Page87)

)Zoning Ordinance- effective Nov. 8, 2006 C-3(vi) Width of lot. The minimum width of a lot shall be 60 feet,provided that where a lot has less width than required and suchlot was in separate ownership prior to February 4, 1984, thisrequirements will not prohibit the construction of a useenumerated in this district.(vii) Lot depth. 1 00 feet.(viii) Parking. See Section 5.1 for permitted uses' parking.(2) One family dwellings.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.M_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(vii) Lot area. Every single-family dwelling hereafter erected oraltered shall have a lot area of not less than 6,600 square feetper family for interior lots, and 7,000 square feet per family forcorner lots. Where a lot was legally under separate ownershipprior to September 25, 1967, but has an area less than theminimum required in this provision, this regulation shall notprohibit the erection of a one-family residence. Where a public orcommunity sewer is not available and in use for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre and one acre on the Edwards Aquifer Recharge Zone.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZoRiRg OFdiRaRse\ZeRiAg Fe\•isieAs~ Page88)

)Zoning Ordinance -effective Nov. B, 2006 C-3(viii) Lot depth. 100 feet.(@tiii) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(3) Duplexes.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setbacks. There shall be a side buildingsetback on each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.M_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a comer lot shall be 70 feet(vii) Lot area. Duplexes hereafter erected or altered shall have alot area of not less than 8,000 square feet for an interior lot and8,500 square feet for a corner lot. Where a lot was legally underseparate ownership prior to September 25, 1967, but has anarea less than the minimum required in this provision, thisregulation shall prohibit the erection of a two-family residence.Where a public or community sewer is not available and in usefor the disposal of all sanitary sewage, each lot shall provide notless than one acre and approved by the City Sanitarian.(viii) Lot depth. 1 00 feet.(@tiii) Parking. Two off-street parking spaces shall be providedfor each two-family dwelling unit. See Sec. 5.1 for otherpermitted uses' parking.(4) Multifamily dwellings.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:lF>IaAAiAgl£eAiAg OrdiAaAse\ZeAiAg Rl"isieAs~ PageB9)

)Zoning Ordinance -effective Nov. 8, 2006 C-3(i) Height. 45 feet: 60 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.M._Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.--)(vii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(viii) Lot area. The minimum lot area for a multifamily dwellingshall be 15,000 square feet; for each unit over ten an additional1,500 square feet of lot area shall be required. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, multifamily developments shall be approvedby the City Sanitarian.(~) Lot coverage. For multifamily structures, the combinedarea of all yards shall be at least 55 percent of the total lot ortract; provided, however, that in the event enclosed parking isprovided the minimum total yard area requirement shall be 40percent of the total lot or tract.(ix) Distance between structures. For multifamily structures,there shall be a minimum of ten feet between structures side byside; a minimum of 20 feet between structures side by front orrear; a minimum of 40 feet between structures front to front; andU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiROIZeRiRO OraiRaRse\ZaRing revisiaRs~ Page90)

)Zoning Ordinance- effective Nov. 8, 2006 C-3a minimum of ten feet between structures backing rear to rear,and a minimum of 20 feet front to rear. ((See illustration 1 in Sec.3.3-3)(xD Lot depth. 1 00 feet.(xiD Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards. )U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAg\ZaAiAg OrdiAaAse\ZaAiAO ra•tisiaAs:m.14.Goo Page 91)

Zoning Ordinance- effective Nov. 8, 2006 C-43.3-10. "C-4" resort commercial district. The following regulations shall apply in all "C-4"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Bed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCabin or cottage - either separate or connected, for rental totourists or vacationers, but shall not include mobile homes,or mobile home communities (parks).CampgroundsCommunity home (see definition)Dormitory (in which individual rooms are for rental)Duplex I two-family I duplex condominiumsFamily home adult careFamily home child careHome occupation (See Sec. 5.4)Multifamily (apartments/condominiums - for three or morefamilies)One family dwelling, detachedRental or occupancy for less than one month (see Sec. 5.16)Residential use in buildings with the following non-residentialusesSingle family industrialized home (see Sec. 5.7)Non-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors)Answering and message servicesArchery rangeArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasBakery (retail)Bank, savings and loan, or credit unionBar/TavernBarns and farm equipment storage (related to agricultural uses)Bicycle sales and/or repairBilliard I pool facilityU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU :\PiaAAiAQIZ9AiAQ OrdiAaAse\ZeAiAQ FevisieAs~ Page92

)Zoning Ordinance- effective Nov. 8, 2006C-4Bingo facilityBook storeBowling alley/center (see Sec. 5.12)Cafeteria I cafe I delicatessenCampers' suppliesCar wash (self service; automated)Car wash, full service (detail shop)CatererCheck cashing serviceChild day care/children's nursery (business)Church/place of religious assemblyCivic/conference center and facilitiesClub (private)Coffee shopCommercial amusement concessions and facilitiesCommunity building (associated with residential uses)Confectionery store (retail)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store, with or without gas salesCountry club (private)Credit agencyCurio shopsDay campDriving rangeDrug sales/pharmacyElectrical substationFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFood or grocery store with gasoline salesFood or grocery store without gasoline salesFraternal organization/civic club (private club)Golf course (miniature)Golf course, public or privateGovernmental building or use (statelfer:leFally awnes ansal)eFates)Handicraft shopHealth club (physical fitness; indoors only)Hospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels - extended stay (residence hotels)Kiosk (providing a retail service)Laundromat and laundry pickup stationsLimousine I taxi serviceMicro brewery (onsite manufacturing and/or sales)Motion picture studio, commercial filmU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaRRiRgiZaRiAg OrdiAaAGeiZaAiAg re•JisiaAs~ Page93)

Zoning Ordinance- effective Nov. 8, 2006 C-4Motion picture theater (indoors)Motion picture theater (outdoors, drive-in)MunioiJ:Jal use ewneEI er eJ:JerateEI ey the City ef New Braunfels,ineluEiinglierariesMuseumNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (public or private)Park anEI/er J:JiaygreunEI (J:Ju81io)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure/public garagePawn sheJ:JPhotographic studio (no sale of cameras or supplies)Plant nursery (no retail sales on site)Public recreation/services building for public park/playgroundareasQuick lube/oil change/minor inspectionRappelling facilitiesRecreation buildings (public and private)Reoreatien euiiEiings (J:JUBiio)RefreshmenUbeverage standRestaurant with drive-throughRestauranUprepared food salesRetirement home/home for the aged - publicRodeo groundsRV parkRV/travel trailer salesSchool, K-12 (public or private)Security monitoring company (no outside storage or installation)Specialty shops in support of project guests and touristsStuEiie tattee er eeEiy J:JieroingTattoo or body piercing studioTaxiEierrnistTelemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Theater (non-motion picture; live drama)Teurist eeurtTravel agencyTruck !JarEien (•Nith retail sales)University or college (public or private)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZc:miAg OrdiAaAGeiZeAiAg re•·isieAs~ Page94

)Zoning Ordinance- effective Nov. 8, 2006 C-4Video rental/ salesWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesWaterfront amusement facilities - boat landing piers I launchingrampsWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1}, the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements.(1) Commercial rental living units (short term):(i) Height. 75 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setbacks. There shall be a side buildingsetback on each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.(v) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be ~ 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'.PiaAAiAQ~AiAQ OFdiABAGe\;!;eAiAQ FevisieAs~ Page95)

)Zoning Ordinance- effective Nov. 8, 2006 C-4(vii) Sanitary facilities. Each rental unit shall be provided with anindividual enclosed space for sanitation, accessible from withinthe living unit, in which shall be located a water closet furnishedwith cold water, and a lavatory and bathtub or shower furnishedwith hot and cold water.(viii) Lot depth. 1 00 feet.(ix) Parking. See Sec. 5.1 for permitted uses parking.(2) Non-residential.(i) Height. 75 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. No side building setback is requiredexcept that where a side line of a lot in this district abuts uponthe side line of a lot in a "R" or "B-1" zone, a side buildingsetback of not less than ~five feet shall be provided.(v) Residential setback. Effective November 8, 2006, where anon-residential building abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 1!:l 70 feet.(vii) Comer lots. A minimum 25-foot front yard and side buildingsetback adjacent to streets shall be required on all corner lots. Acanopy at least six feet in height, attached to the main building,may be built within 15 feet of the street line so long as suchconstruction is not supported by columns which will obstruct thevision of vehicles driving upon adjacent streets.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for other permitted uses' parking(3) Non-commercial rental living units (not short term). Buildingshereinafter erected, constructed, reconstructed or altered in district "C-4,"that are not for commercial or commercial-residential use but are forprivate residences, duplexes, or apartments, or for any use alsopermitted in the "R" districts, shall be subject to the following:(a) One family dwellings.(i) Height. 45 feet.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAg\ZeAiAg OrdiAaAse'.ZeAiRg re•1isieRs~ Page96

)Zoning Ordinance- effective Nov. 8, 2006C-4(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.M._Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover20 feet.(vii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(viii) Lot area. Every one family dwelling hereafter erected oraltered shall have a lot area of not less than 6,600 square feetper family for interior lots, and 7,000 square feet per family forcorner lots. Where a lot was legally under separate ownershipprior to September 25, 1967, but has an area less than theminimum required in this provision, this regulation shall notprohibit the erection of a one-family residence. Where a public orcommunity sewer is not available and in use for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre and one acre on the Edwards Aquifer Recharge Zone.(~) Lot depth. 100 feet.(ix) Parking. Two off-street parking spaces shall be provided foreach one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(b) Duplexes.(i) Height. 45 feet.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiA!JIZeAiA!J OrdiAaAGe\ZeAiA!J revisieAs~ Page97)

)Zoning Ordinance- effective Nov. 8, 2006C-4(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setbacks. There shall be a side buildingsetback on each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.M._Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vj) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet(vii) Lot area. Duplexes hereafter erected or altered shall have alot area of not less than 8,000 square feet for an interior lot and8,500 square feet for a corner lot. Where a lot was legally underseparate ownership prior to September 25, 1967, but has anarea less than the minimum required in this provision, thisregulation shall prohibit the erection of a two-family residence.Where a public or community sewer is not available and in usefor the disposal of all sanitary sewage, each lot shall provide notless than one acre and approved by the City Sanitarian.(viii) Lot depth. 1 00 feet.~) Parking. Two off-street parking spaces shall be providedfor each two-family dwelling unit. See Sec. 5.1 for otherpermitted uses' parking.(c) Multifamily dwellings.(i) Height. 45 feet: 60 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotsU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiAg OrdiAaAGeiZeAiAg Fe'JisieAs~ Page98)

)Zoning Ordinance- effective Nov. 8, 2006 C-4coincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.hl._Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20feet.(vii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.~I___ /(viii) Lot area. The minimum lot area for a multifamily dwellingshall be 15,000 square feet; for each unit over ten an additional1 ,500 square feet of lot area shall be required. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, multifamily developments shall be approvedby the Planning Commission upon recommendation of the CitySanitarian.(~) Lot coverage. For multifamily structures, the combinedarea of all yards shall be at least 55 percent of the total lot ortract; provided, however, that in the event enclosed parking isprovided the minimum total yard area requirement shall be 40percent of the total lot or tract.(ix) Distance between structures. For multifamily structures,there shall be a minimum of ten feet between structures side byside; a minimum of 20 feet between structures side by front orrear; a minimum of 40 feet between structures front to front; anda minimum of ten feet between structures backing rear to rear,and a minimum of 20 feet front to rear. (See illustration 1 in Sec.3.3-3)(xi) Lot depth. 100 feet.(xij) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQIZGAiAQ OrdiAaAGe\ZeAiAQ re•JisieAs~ Page99)

Zoning Ordinance- effective Nov. 8, 2006 C-41. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards. )U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:'PiaAAiAQ\Z

)Zoning Ordinance- effective Nov. 8, 2006 M-13.3-11. "M-1" light industrial district. The following regulations shall apply in all "M-1"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Bed and breakfast innBoardinghouse/lodging houseCabin or cottage (rental for more than 30 days)Community home (see definition)Dormitory (in which individual rooms are for rental)Duplex I two-family I duplex condominiumsHome occupation (See Sec. 5.4)HUD code-manufactured Home (see See. 9.7)Multifamily (apartments/condominiums)One family dwelling, detachedRental or occupancy for less than one month-( see Sec. 5.16)Residential use in buildings with the following non-residentialusesSingle family industrialized home (see Sec. 5.7)Townhouse (attached)Non-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)Aircraft support and related servicesAirportAll terrain vehicle (A TV) dealer I salesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArchery rangeArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAthletic fieldsAuction sales (non-vehicle)Auto body repair, garages (see Sec. 5.1 0)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:'F'IaRRiRO~RiRO OFdiRaRG~RiRO revisieRs~ Page101)

)Zoning Ordinance- effective Nov. 8, 2006M-1Auto glass repair/tinting (see Sec. 5.1 0)Auto interior shop I upholstery (see Sec. 5.1 0)Auto leasingAuto muffler shopAuto or trailer sales rooms or yards (see Sec. 5.11)Auto or truck sales rooms or yards- primarily new (see Sec.5.11)Auto paint shop (see Sec. 5.10)Auto repair as an accessory use to retail sales (see Sec. 5.1 0)Auto repair garage (general) (see Sec. 5.1 0)Auto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or credit unionBar/TavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBilliard I pool facilityBingo facilityBio-medical facilitiesBlacksmith or wagon shopsBook bindingBook storeBottling or distribution plants (milk)Bottling worksBowling alley/center (see Sec. 5.12)Broadcast station (with tower) (see Sec. 5.6)Bus barns or lotsBus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCar wash (self service; automated)Car wash, full service (detail shop)Carpenter, cabinet, or pattern shopsCarpet cleaning establishmentsCatererCemetery and/or mausoleumCheck cashing serviceChemical laboratories (not producing noxious fumes or odors)Child day care/children's nursery (business)Church/place of religious assemblyCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Club (private)Coffee shopCold storage plantU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:'PiaRRiRg\M>RiRg OF

)Zoning Ordinance- effective Nov. 8, 2006M-1Commercial amusement concessions and facilitiesCommunication equipment (installation and/or repair)Community building (associated with residential uses)Computer and electronic salesComputer repairConfectionery store (retail)Consignment shopContractor's office/sales, with outside storage including vehiclesContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesCon• .. enienoe store without gas salesCountry club (private)Credit agencyCurio shopsCustom work shopsDance hall/ dancing facilityDay campDepartment storeDrapery shop I blind shopDriving rangeDrug sales/pharmacyElectrical repair shopElectrical substationElectronic assembly/high tech manufacturingElectroplating worksEngine repair/motor manufacturing re-manufacturing and/orrepairExterminator service (with outside storage)Fair groundFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code)Farms, general (livestock/ranch) (see Chapter 6, MunicipalCode)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFlour mills, feed mills, and grain processingFood or grocery store with gasoline salesFood or grocery store without gasoline salesFood processing (no outside public consumption)Forge (hand)Forge (power)Fraternal organization/civic club (private club)Freight terminal, rail/truck (when any storage of freight is whollyoutside an enclosed building)Freight terminal, truck (all storage of freight in an enclosedbuilding)Frozen food storage for individual or family useFuneral home/mortuaryFurniture manufactureFurniture sales (indoor)Galvanizing worksU:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxi.J:lPiaAAiAglleAiAg OFdiAaAse\ZeAiAQ Fe"isieAs~ Page103)

)Zoning Ordinance- effective Nov. 8, 2006M-1Garden shops and greenhousesGolf course (miniature)Golf course, public or privateGovernmental l:luilr:ling or use (statelfer:lerally owner:! anr:lOJlerater:l)Grain elevatorGreenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHeavy load (farm) vehicle sales/repair (see Sec. 5.13)HeliportHome repair and yard equipment retail and rental outletsHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels- extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)Ice plantsIndustrial laundriesKiosk (providing a retail service)Laboratory equipment manufacturingLaundromat and laundry pickup stationsLaundry, commercial (w/o self serve)Laundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLeather products manufacturingLight manufacturingLimousine I taxi serviceLocksmithLumberyard (see Sec. 5.14)Lumberyard or building material sales (see Sec. 5.14)Machine shopMaintenance/janitorial serviceMajor appliance sales (indoor)Manufactured home salesManufacturing and processesMarket (public, flea)Martial arts schoolMedical supplies and equipmentMetal fabrication shopMicro brewery (onsite manufacturing and/or sales)Mini-warehouse/self storage units (no outside boat and RVstorage permitted)Mini-warehouse/self-storage units (with outside boat and RVstorage permitted)Motion picture studio, commercial filmMotion picture theater (indoors)Motion picture theater (outdoors, drive-in)Motorcycle dealer (primarily new I repair)Moving storage companyU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgl£eAiAg 0fdiAaAGei£9AiR!II'ElVisieAs~ Page104

)Zoning Ordinance- effective Nov. 8, 2006 M-1Moving, transfer, or storage plantMunieipal use ewnea er eperatea l:ly the City ef New Braunfels,ineluaing lil:lrariesMuseumNeedlework shopNon-bulk storage of gasoline, petroleum products and liquefiedpetroleumNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesOutside storage (as primary use)Park and/or playground (public or private)Park analer playgreuna (pul:llie)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure/public garagePawn shopPersonal watercraft sales (primarily new I repair)Pet shop I supplies (10,000 sq. ft. or less)Pet store (more than 10,000 sq. ft.)Photo engraving plantPhotographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nursery (no retail sales on site)Plant nursery (growing for commercial purposes with retail saleson site)Plastic products molding/reshapingPlumbing shopPortable building salesPoultry killing or dressing for commercial purposesPropane sales (retail)Public recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRecreation buildings (public or private)Reereatien l:luilaings (pul:llie)Recycling kioskRefreshment/beverage standResearch lab (non-hazardous)Restaurant with drive through serviceU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgiZoRiRg OFdiRaRGeiZoRiRg FevisioRs~ Page105)

Zoning Ordinance- effective Nov. 8, 2006 M-1Restaurant/prepared food salesRetail store and shopping center (more than 50,000 sq. ft. bldg.)Retail store and shopping center •.vithellt c:lri•Je thrll ser"Vise(50,000 sq. ft. bldg. or less)Retirement home/home for the aged - publicRodeo groundsRV parkRV/Travel Trailer SalesSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring company (no outside storage or installation)Security systems installation company (with outside storage)Sheet metal shopShoe repair shopsShooting gallery - indoor (see Sec. 5.12)Sign manufacturing/painting plantStone/clay/glass manufacturingStorage - exterior storage for boats and recreational vehiclesStorage in bulkStudio for radio or television (with tower) (see Sec. 5.6)Studios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTattoo or body piercing studioTaxidermistTelemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoors)Tool rentalTellrist semtTransfer station (refuse/pick-up)Travel agencyTmsk garoen, with Fe!ail salesTruck or transit terminalUniversity or college (public or private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVeterinary hospital (with or without AG-outside animal runs orkennels) with the exception that outdoor kennels may not beused between the hours of 9:00 p.m. and 7:00 a.m. and areprohibited adjacent to residentialVeterinary hesl')ital ('.vith elltc:leer animal r!lns er kennels)Video rental/ salesWarehouse I office and storage I distribution centerWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRQIZ9RiRQ OraiRaRGeiZ9RiRQ re•;isieRs~ Page106

)Zoning Ordinance- effective Nov. 8, 2006 M-1Waterfront amusement facilities - boat landing piers I launchingrampsWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWelding shopWholesale sales offices and sample roomsWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein, provided that such use is notnoxious or offensive by reason of vibration, noise, odor, dust, smokeor gas.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential.(i) Height. 120 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. No side building setback is requiredexcept that where a side line of a lot in this district abuts uponthe side line of a lot in a "R" or "B-1" zone, a side buildingsetback of not less than six feet shall be provided.(iv) Rear building setback. 20 feet.(v) Residential setback. Effective November 8, 2006, where anon-residential building abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover20 feet.(vi) Width of lot. The minimum width of a lot shall be 60 feet,provided that where a lot has less width than required and suchlot was in separate ownership prior to February 4, 1984, thisrequirement will not prohibit the construction of a useenumerated in this district.(vii) Corner lots. A minimum 25-foot front yard setback and sidebuilding setback adjacent to streets shall be required on allcorner lots. A canopy at least six feet in height, attached to themain building, may be built within 15 feet of the street line solong as such construction is not supported by columns which willobstruct the vision of vehicles driving upon adjacent streets.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaAAiAQIZ9AiAQ OF~iAaAGeiZeAiAQ FB"isieAs~ Page107)

Zoning Ordinance -effective Nov. 8, 2006 M-1(viii) Lot depth. 100 feet.(2) One family dwellings.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.f.y)__Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.)(3) Duplexes.(vii) Lot area. Every single-family dwelling hereafter erected oraltered shall have a lot area of not less than 6,600 square feetper family for interior lots, and 7,000 square feet per family forcorner lots. Where a lot was legally under separate ownershipprior to September 25, 1967, but has an area less than theminimum required in this provision, this regulation shall notprohibit the erection of a one-family residence. Where a public orcommunity sewer is not available and in use for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre and one acre on the Edwards Aquifer Recharge Zone.(viii) Lot depth. 100 feet.(~) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\Pianning\Zening Ordinanse\Zening revisiens~ Page108

)Zoning Ordinance- effective Nov. 8, 2006M-1(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.M._Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet(vii) Lot area. Duplexes hereafter erected or altered shall have alot area of not less than 8,000 square feet for an interior lot and8,500 square feet for a corner lot. Where a lot was legally underseparate ownership prior to September 25, 1967, but has anarea less than the minimum required in this provision, thisregulation shall prohibit the erection of a two-family residence.Where a public or community sewer is not available and in usefor the disposal of all sanitary sewage, each lot shall provide notless than one acre and approved by the City Sanitarian.(viii) Lot depth. 1 00 feet.(viii) Parking. Two off-street parking spaces shall be provided foreach two-family dwelling unit. See Sec. 5.1 for other permitteduses' parking.(4) Multifamily dwellings.(i) Height. 45 feet: 60 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaRRiRg\ZeRiRg OFdiRaRGeiZeRiRg re>JisieRs~ Page109)

)Zoning Ordinance -effective Nov. 8, 2006 M-1adjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.M._Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(viii) Lot area. The minimum lot area for a multifamily dwellingshall be 15,000 square feet; for each unit over ten an additional1,500 square feet of lot area shall be required. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, multifamily developments shall be approvedby the City Sanitarian.)~) Lot coverage. For multifamily structures, the combinedarea of all yards shall be at least 55 percent of the total lot ortract; provided, however, that in the event enclosed parking isprovided the minimum total yard area requirement shall be 40percent of the total lot or tract.(ix) Distance between structures. For multifamily structures,there shall be a minimum of ten feet between structures side byside; a minimum of 20 feet between structures side by front orrear; a minimum of 40 feet between structures front to front; anda minimum of ten feet between structures backing rear to rear,and a minimum of 20 feet front to rear. (See illustration 1 in Sec.3.3-3)(xi) Lot depth. 100 feet.(xii) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZoRiRg OraiRaRse\ZeRiRg re•1isieRs~ Page110

)Zoning Ordinance- effective Nov. 8, 2006 M-11 . One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards. )U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PiaRRiR~'.?:aRiR~ OmiRaRsa\ZaRiRg re•JisiaRs~ Page111)

)Zoning Ordinance- effective Nov. 8, 2006 M-23.3-12. "M-2" heavy industrial district. The following regulations shall apply in all "M-2"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchenBed and breakfast inn (see sec. 5.5)Boardinghouse/lodging houseCabin or cottage (rental for more than 30 days)Community home (see definition)Dormitory (in which individual rooms are for rental)Duplex I two-family I duplex condominiumsHome occupation (See Sec. 5.4)HUD code-manufactured home (see Sec. a.7)Multifamily (apartments/condominiums)One family dwelling, detachedRental or occupancy for less than one month-( see Sec. 5.16)Residential use in buildings with the following non-residentialusesSingle family industrialized home (see Sec. 5.7)Townhouse(attached)Non-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)Aircraft support and related servicesAirportAll terrain vehicle (A TV) dealer I salesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArchery rangeArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAthletic fieldsAuction sales (non-vehicle)Auto body repair, garages (see Sec. 5.10)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:',F'IaAAiAijllllAiAij Or~iAaAGeiZeAiAij re•tisieAs2Q.1..i,Qoo Page 112)

)Zoning Ordinance- effective Nov. 8, 2006M-2Auto glass repair/tinting (see Sec. 5.1 0)Auto interior shop I upholstery (see Sec. 5.1 0)Auto leasingAuto muffler shop (see Sec. 5.10)Auto or trailer sales rooms or yards( see Sec. 5.11)Auto or truck sales rooms or yards - primarily new (see Sec.5.11)Auto paint shop (see Sec. 5.10)Auto repair as an accessory use to retail sales (see Sec. 5.1 0)Auto repair garage (general) (see Sec. 5.1 0)Auto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or credit unionBar/TavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBilliard I pool facilityBingo facilityBio-medical facilitiesBlacksmith or wagon shopsBlooming or rolling millsBook bindingBook storeBottling or distribution plants (milk)Bottling worksBowling alley/center (see Sec. 5.12)Breweries/distilleries and manufacture of alcohol and alcoholicbeveragesBroadcast station (with tower) (see Sec. 5.6)Bus barns or lotsBus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCanning/preserving factoriesCar wash (self service; automated)Car wash, full service (detail shop)Carpenter, cabinet, or pattern shopsCarpet cleaning establishmentsCatererCemetery and/or mausoleumCheck cashing serviceChemical laboratories (e.g., ammonia, bleaching powder)Chemical laboratories (not producing noxious fumes or odors)Child day care/children's nursery (business)Church/place of religious assemblyCider millsCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'i>laAAiAQ~AiAg 0FdiAaAGe\Z9AiAQ Fe•lisieAs~ Page113)

)Zoning Ordinance- effective Nov. 8, 2006M-2Clinic (dental)Clinic (emergency care)Clinic (medical)Club (private)Coffee shopCold storage plantCommercial amusement concessions and facilitiesCommunication equipment (installation and/or repair)Community building (associated with residential uses)Computer and electronic salesComputer repairConcrete or asphalt mixing plants - permanentConcrete or asphalt mixing plants - temporaryConfectionery store (retail)Consignment shopContractor's office/sales, with outside storage including vehiclesContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesCanveniense stare 'Nitha~o~t §as salesCotton ginning or baling worksCountry club (private)Credit agencyCurio shopsCustom work shopsDance hall/ dancing facilityDay campDepartment storeDrapery shop I blind shopDriving rangeDrug sales/pharmacyElectrical generating plantElectrical repair shopElectrical substationElectronic assembly/high tech manufacturingElectroplating worksEnameling worksEngine repair/motor manufacturing re-manufacturing and/orrepairExterminator serviceFair groundFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code)Farms, general (livestock/ranch) (see Chapter 6, MunicipalCode)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFlour mills, feed mills, and grain processingFood or grocery store with gasoline salesFood or grocery store without gasoline salesFood processing (no outside public consumption)Forge (hand)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OrdiRaRseiZeRiRg re•JisieRs2Q.1.4,doo Page 114l

)Zoning Ordinance- effective Nov. B, 2006 M-2Forge (power)Fraternal organization/civic club (private club)Freight terminal, rail/truck (when any storage of freight is outsidean enclosed building)Freight terminal, truck (all storage of freight in an enclosedbuilding)Frozen food storage for individual or family useFuneral home/mortuaryFurniture manufactureFurniture sales (indoor)Galvanizing worksGarden shops and greenhousesGolf course (miniature)Golf course, public or privateGovernmental building or use (statelfeeleFally 9'NReel aRelaperateel)Grain elevatorGreenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHeavy load (farm) vehicle sales/repair (see Sec. 5.13)Heavy manufacturing (see Sec. 5.5)HeliportHides/skins (tanning)Home repair and yard equipment retail and rental outletsHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels- extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)Ice plantsIndustrial laundriesKiosk (providing a retail service)Laboratory equipment manufacturingLaundromat and laundry pickup stationsLaundry, commercial (w/o self serve)Laundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLeather products manufacturingLight manufacturingLimousine I taxi serviceLivestock sale and auctionLocksmithLumber millLumberyard (see Sec. 5.14)Lumberyard or building material salesMachine shopMaintenance/janitorial serviceMajor appliance sales (indoor)Manufactured home salesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PiaRRiRg~aRiRg OmiRaRse~aRiRg revisieRs2Q.1.4..00s Page 115)

)Zoning Ordinance- effective Nov. 8, 2006M-2Manufacturing and processesMarket (public, flea)Martial arts schoolMeat or fish packing/storage plantsMedical supplies and equipmentMetal fabrication shopMicro brewery (onsite mfg. A.!!_nd/or sales)Mini-warehouse/self storage units (no outside boat and RVstorage permitted)Mini-warehouse/self storage units (with outside storagepermitted)Motion picture studio, commercial filmMotion picture theater (indoors)Motion picture theatre (outdoors, drive-in)Motorcycle dealer (primarily new I repair)Moving storage companyMoving, transfer, or storage plantM~;~nisipal llSe avmec:l or OJ3eratec:l l:ly the City of ~le•.v Bra~;~nfels,inslllc:lin€J librariesMuseumNeedlework shopNon-bulk storage of gasoline, petroleum products and liquefiedpetroleumNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesOutside storage (as primary use)Paint manufacturingPark and/or playground (private)Park and/or playground (public)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure/public garagePawn shopPersonal watercraft sales (primarily new I repair)Pet shop I supplies (10,000 sq. ft. or less)Pet store (more than 10,000 sq. ft.)Photo engraving plantPhotographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nursery (growing for commercial purposes but no retailsales on site)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:\PiaRRiRQIZI:lAiRQ OHliRaRseiZI>RiRQ revisieRs~ Page116)

)Zoning Ordinance- effective Nov. 8, 2006M-2Plant nursery (retail sales I outdoor storage)Plastic products molding/reshapingPlumbing shopPortable building salesPoultry killing or dressing for commercial purposesPropane sales (retail)Public recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRecreation buildings (public or private)Resr=eatieA e~il~iA!JS (J:li:IBiis)Recycling kioskRefreshment/beverage standResearch lab (non-hazardous)Restaurant with drive-throughRestaurant/prepared food salesRetail store and shopping center (more than 50,000 sq. ft. bldg.)Retail store and shopping center withe~t ~rive thr~ servise(50,000 sq. ft. bldg. or less)Retirement home/home for the aged - publicRodeo groundsRV parkRV/travel trailer salesSand/gravel sales (storage or sales)School, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation company (with outside storage)Sheet metal shopShoe repair shopsShooting gallery- indoor (see Sec. 5.12)Sign manufacturing/painting plantStone/clay/glass manufacturingStorage -exterior storage for boats and recreational vehiclesStorage in bulkStudio for radio or television (without tower)Studios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTattoo or body piercing studioTaxidermistTelemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoors)Tool rentalTe1:1rist se~rtTransfer station (refuse/pick-up)Travel agencyTFI:lsk!JameAU:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OmiAaAse\ZeAiAg re•JisieAs~ Page117)

)Zoning Ordinance- effective Nov. 8, 2006M-2Truck or transit terminalUniversity or college (public or private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVeterinary hospital (with or without RG outside animal runs orkennels) with the exception that outdoor kennels may not beused between the hours of 9:00 p.m. and 7:00 a.m. and areprohibited adjacent to residentialVeterinary hespital ~Nith e~:~tdeer animal r~:~ns er kennels)Video rental/ salesWarehouse I office and storage I distribution centerWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesWaterfront amusement facilities - boat landing piers /launchingrampsWaterfront amusement facilities -swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWelding shopWholesale sales offices and sample roomsWoodworking shop (ornamental))Any comparable business or use not included in or excluded fromany other district described herein ..(2) Any other uses not now or hereinafter prohibited by ordinance of theCity of New Braunfels regulating nuisances, except that the followinguses will be permitted only by approval of the City Council after reportfrom the Health Department, Fire Department, and the PlanningCommission:Acid manufacture.Auto wrecking yards.Bulk storage of gasoline, liquefied petroleum and flammableliquids.Cement, lime, gypsum or plaster of Paris manufacture.Distillation of bones.Explosives manufacture or storage.Fertilizer manufacture and storage.Garbage, offal or dead animal reduction or dumping.Gas manufacture.Iron and steel manufacture.Junkyards, including storage, sorting, baling or processing ofrags.Manufacture of carbon batteries.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.OiaRRiRgiZaRiRg OrdiAaAsaiZaAiAg revisieAs~ Page118

)Zoning Ordinance- effective Nov. 8, 2006 M-2Manufacture of paint, lacquer, oil, turpentine, varnish, enamel,etc.Manufacture of rubber, glucose, or dextrin.Monument or marble works.Oil compounding and barreling plants.Paper or pulp manufacture.Petroleum or its products (refining of).Railroad roundhouses or shops.Rock crushers.Smelting of tin, copper, zinc or iron ores.Steel furnaces.Stockyards or slaughtering.Structural iron or pipe works.Sugar refineries.Tar distillation or manufacture.Tar products.Wire or rod mills.Wood distillation plants (charcoal, tar, turpentine, etc.).Wool scouring.(3) Conflict. lr.1 the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. 120 feet.(ii) Front building setback. 25 feet.(iii) Side building setbacks. No side building setback is requiredexcept that where a side line of a lot in this district abuts uponthe side line of a lot in a "R" or "B-1'' zone, a side buildingsetback of not less than six feet shall be provided.(iv) Rear building setback. 20 feet.(v) Residential setback. Effective November 8, 2006, where anon-residential building abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vi) Width of lot. The minimum width of a lot shall be 60 feet,provided that where a lot has less width than required and suchlot was in separate ownership prior to February 4, 1984, thisrequirement will not prohibit the construction of a useenumerated in this district.(vii) Comer lots. A minimum 25-foot front yard setback and sidebuilding setback adjacent to streets shall be required on allU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:\PiaRRiRQ~RiRQ OFfliRaRse\ZeRiRQ FevisieRs2Q.1.4.00G Page 119

)Zoning Ordinance- effective Nov. 8, 2006 M-2corner lots. A canopy at least six feet in height, attached to themain building, may be built within 15 feet of the street line solong as such construction is not supported by columns which willobstruct the vision of vehicles driving upon adjacent streets.(viii) Lot depth. The depth of the lot shall be at least 1 00 feet.(ix) Parking. See Sec. 5.1 for permitted uses parking.(2) One family dwellings.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.!.Yl_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet,provided that where a lot has less width than herein required,and such lot was in separate ownership prior to September 25,1967, this requirement will not prohibit the erection of a onefamilydwelling.(vii) Lot area. Every single-family dwelling hereafter erected oraltered shall have a lot area of not less than 6,600 square feetper family for interior lots, and 7,000 square feet per family forcorner lots. Where a lot was legally under separate ownershipprior to September 25, 1967, but has an area less than theminimum required in this provision, this regulation shall notprohibit the erection of a one-family residence. Where a public orcommunity sewer is not available and in use for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre and one acre on the Edwards Aquifer Recharge Zone.(viii) Lot depth. 100 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZGAiAg OrdiAaAGelleAiAg re•.'isieAs~ Page120

)Zoning Ordinance- effective Nov. 8, 2006 M-2(3) Duplexes.(@~iii) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling unit. See Section 5.1 forother permitted uses' parking.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Rear building setback. 20 feet.(iv) Side building setbacks. There shall be a side buildingsetback on each side of a building not less than five feet in width.Buildings on comer lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.~ _>M._Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet(vii) Lot area. Duplexes hereafter erected or altered shall have alot area of not less than 8,000 square feet for an interior lot and8,500 square feet for a corner lot. Where a lot was legally underseparate ownership prior to September 25, 1967, but has anarea less than the minimum required in this provision, thisregulation shall prohibit the erection of a two-family residence.Where a public or community sewer is not available and in usefor the disposal of all sanitary sewage, each lot shall provide notless than one acre and approved by the City Sanitarian.(viii) Lot depth. 100 feet.(@~iii) Parking. Two off-street parking spaces shall be providedfor each two-family dwelling unit. See Sec. 5.1 for otherpermitted uses' parking.(4) Multifamily dwellings.(i) Height. 45 feet: 60 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRQil:9RiRQ OrdiRaRsell:eRiAQ revisieRs~ Page121)

)Zoning Ordinance- effective Nov. 8, 2006 M-2(iii) Rear building setback. 25 feet.(iv) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.!Jtl_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet.(viii) Lot area. The minimum lot area for a multifamily dwellingshall be 15,000 square feet; for each unit over ten an additional1 ,500 square feet of lot area shall be required. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, multifamily developments shall be approvedby the City Sanitarian.(Ll

)Zoning Ordinance- effective Nov. 8, 2006 M-2For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards. )(5) Townhouses.(i) Height. 35 feet.(ii) Front building setback. 10 feet. If front entry garages/carportsare provided, a minimum front yard of 20 feet shall be providedto the garage/carport.(iii) Side building setback. No side building setbacks are requiredfor interior lots except the minimum distance between twobuilding groups shall be 20 feet and the minimum distancebetween a building group and any abutting subdivision boundaryor zoning district boundary line shall be 20 feet. Buildings oncomer lots shall have 15-foot side building setbacks adjacent tothe street, except where the rear lot line of a corner lot coincideswith a side lot line of an adjacent lot, then 25-foot minimum sideyards adjacent to the street shall be provided.ilil}_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. No building shall be constructedcloser than ten feet from the rear property line. If the rear of thelots abut any other residential zoning district, the rear buildingsetback shall have a minimum depth of 20 feet.(vi) Width of lot. Interior lots shall have a minimum width of 25feet. Corner lots shall have a minimum width of 40 feet exceptwhere the rear lot line of a corner lot coincides with a side lot lineof an adjacent lot, then the corner lot shall have a minimum widthof 50 feet.(vii) Lot depth. 100 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZGAiAg OrdiAaAGeiZeAiAg reuisieAs~ Page123)

)Zoning Ordinance- effective Nov. 8, 2006 M-2(viiD Lot area per family. 2,500 square feet.(i.lrliii) Common open space. A minimum of 250 square feet ofcommon open space per lot shall be provided within thetownhouse project. In computing the required common openspace, individually owned townhouse lots, required front, rear, orside setbacks, streets, alleys, or public rights-of-way of any kind,vehicular drives, parking areas, service drives, or utilityeasements containing or permitting overhead pole carriedservice shall not be included. Drainage easements and detentionponds may be used in computing common open space.(ix) Other requirements:a. Building group. There shall be no less than two normore than eight individual dwelling units in each buildingor dwelling group. Each building group shall be at least20 feet from any other building group, measured fromthe nearest points of their foundations. Each building orbuilding group shall be at least 20 feet from anysubdivision or zoning district boundary line.b. Accessory buildings. Any detached accessorybuildings permitted, except carports open on at least twosides, shall be set at least three feet away from the sidelot line unless their walls are equal in fire resistance tothe common walls of the main structure. Detachedcarports, open on at least two sides, may be built to theproperty line with no common wall required. Rearbuilding setback for an accessory building shall be threefeet. Any accessory building permitted in district "R-1"shall be permitted in district "TH.")c. Parking. There shall be at least two off-street parkingspaces for each townhouse. See Section 5.1 for otherpermitted uses' parking.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRij~RiRij OFdiRaRse\ZGRiRij re\'isiaRs~ Page124)

)Zoning Ordinance- effective Nov. B, 2006APD3.4. Zoning Districts and Regulations for Property Zoned Subsequent to June 22, 1987.3.4-1. ''APD" agricultural/pre-development district.Purpose. This district is designed for newly annexed areas, agricultural uses, and forareas where development is premature because of a lack of utilities, capacity, or service,or where the ultimate use has not been determined. The following regulations shall applyin all "APD" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (See Sec. 5.4)One family, dwelling, detachedSingle family industrialized home (see Sec. 5.7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Cemetery and/or mausoleumChurch/place of religious assemblyContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Country club (private)Farmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code) (Sec.5.8 is not applicable)Farms, general (livestock/ranch) (see Chapter 6, MunicipalCode) (Sec. 5.8 is not applicable)Flour mills, feed mills, and grain processingGolf course, public or privateGovernmental building or use with no outside storage(statef.feeleFally ewneel anel G!=leFateel)Grain elevatorHay, grain, and/or feed sales (wholesale)Livestock sales/auctionMunioi!'lal use ewneel eF eper:ateel ey the City ef Ne•N BFaunfels,inoluelin!:JiieFaFiesPark and/or playground (public)Plant nursery (growing for commercial purposes but no retailsales on site)Recreation buildings (public)Rodeo groundsSchool, K-12 (public or private)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRglleRiRQ OFdiRaRselleRiRQ Fe"isieRs~ Page125)

)Zoning Ordinance- effective Nov. 8, 2006APDStables (as a business) (see Chapter 6, Municipal Code)Stables (private, accessory use) (see Chapter 6, MunicipalCode)Truck €Jaraen (ne retail sales)Uni'Jersiiy er selle€Je (13ulllis er 13ri'Ja!e)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemAny comparable use not included in or excluded from any otherdistrict described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Height. 35 feet.(2) Front yards. 25 feet.(3) Side building setbacks. There shall be a side building setback oneach side of a building not less than ten feet in width. Buildings on cornerlots shall have 15-foot side building setbacks adjacent to the streetwhere the rear lot lines of the corner lots coincide with the rear lot lines ofthe adjacent lots. Buildings on corner lots shall have 25-foot side buildingsetbacks adjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots.)~Garage setback. Where a driveway is located in front of a garage, thegarage shall be setback 20 feet from the right-of-way or the driveway tothe garage shall be at least 20 feet long to provide enough space for avehicle to park without overhanging into the right-of-way, if the garagedoor is closed. (See illustration 8 in Sec. 5.1-1)(§4) Rear building setbacks. 30 feet.(§a) Width of lot. 1 00 feet.(l&) Lot area per family. Every single-family dwelling hereafter erected oraltered shall provide a lot area of not less than 15,000 square feet perdwelling, provided that where a lot has less area than herein requiredand such lot was in separate ownership prior to September 25, 1967, thisrequirement will not prohibit the erection of a one-family dwelling. Wherepublic or community sewer is not available and in use, for the disposal ofall sanitary sewage, each lot shall provide not less than one half acreand one acre on the Edwards Aquifer Recharge Zone.(§.+) Lot depth. 1 00 feet.(jl8) Parking. See Section 5.1 for other permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZc:miRg OrdiRaRseiZeRiRg revisieRs~ Page126)

)Zoning Ordinance- effective Nov. 8, 2006R-1A-43.53.4-2 "R-1A-43.5" single-family district.Purpose. The R-1A-43.5 single-family district is intended for development of primarilydetached, single-family residences and customary accessory uses on lots of at least43,560 square feet (one acre) in size. The following regulations shall apply in all "R-1A-43.5" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (See Sec. 5.4)One family dwelling, detachedSingle family industrialized home (see Sec. 5.7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyContractor's temporary on-site construction office (only withpermit from building official; see Sec. 5.9)Community building (associated with residential uses)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(state/federally awned ana af)erateEI)Munioif)al use awned ar af)erateEI ey the City af ~lew Braunfels,inoluainglierariesPark and/or playground (public)Public recreation/services building for public park/playgroundareasRecreation buildings (public)School, K-12 (public or private)Truck garaen (na retail sales)University ar oallege (flUBiiG ar flFi•,•ate)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiR!I QrdiRaRse\ZeRiR!I reuisieRs~ Page127)

)Zoning Ordinance- effective Nov. 8, 2006R-1A-43.5(b) Maximum height, minimum area and setback requirements:(1) Residential uses.(i) Height. 35 feet.(ii) Front yards. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than 10 feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lines of the corner lots coincide with theside lot lines of the adjacent lots.!M_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of Jot. 1 00 feet(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than 43,560square feet per dwelling provided that where a lot has less areathan herein required and such lot was in separate ownershipprior to September 25, 1967, this requirement will not prohibit theerection of a one-family dwelling.(viii) Lot depth. 100 feet.(~) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(2) Non residential uses:(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianning\ZeniRQ OFilinanse\Zening re••isiens~ Page128)

)Zoning Ordinance- effective Nov. 8, 2006R-1A-43.5(iv) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 1 00 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaRRiRgl£eRiRg GrdiRaRGel£eRiRg revisieRs:lQ.1.4..doo Page 129)

)Zoning Ordinance- effective Nov. 8, 2006R-1A-123.4-2 "R-1A-12" single-family district.Purpose. The R-1A-12 single-family district is intended for development of primarilydetached, single-family residences and customary accessory uses on lots of at least12,000 square feet in size. The following regulations shall apply in all "Rc1A-12" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (See Sec. 5.4)One family dwelling, detachedSingle family industrialized home (see Sec. 5.7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(state!feEierally owneEI anEI OI'JerateEI)Munisi13al use owneEI or OI'JerateEI I:Jy the City of Ne•N Braunfels,insluEiing lii:JrariesPark and/or playground (public)Public recreation/services building for public park/playgroundareasRecreation buildings (public)School, K-12 (public or private)Trusk gam enUniversity or sollege (13ui:Jiis or 13rivate)-Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem)(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiA!J OFdiAaAGeiZeAiA!J revisieAs~ Page130

)Zoning Ordinance- effective Nov. 8, 2006R-1A-12(b) Height and area requirements:(1) Residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setbacks. There shall be a side buildingsetback on each side of a building not less than 10 feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lines of the corner lots coincide with theside lot lines of the adjacent lots.iliQGarage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 80feet and the minimum width of a corner lot shall be 85 feet.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than 12,000square feet per dwelling, provided that where a lot has less areathan herein required and such lot was in separate ownershipprior to September 25, 1967, this requirement will not prohibit theerection of a one-family dwelling. Where public or communitysewer is not available and in use, for the disposal of all sanitarysewage, each lot shall provide not less than one half acre_perdwelling unit not located over the recharge zone and one acreper dwelling unit located over the recharge zone.(viii) Lot depth. 1 00 feet.(~) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(2) Non-residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\Pianning\Zening OFdinanse\Zening re•1isiens~ Page131)

)Zoning Ordinance- effective Nov. 8, 2006R-1A-12(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxld:'PiaAAiAgli!:eAiAg OrdiAaAseli!:eAing re~isieAs~ Page132)

)Zoning Ordinance- effective Nov. 8, 2006R-1A-83.4-2 "R-1A-8" single-family district.Purpose. The R-1A-8 single-family district is intended for development of primarilydetached, single-family residences and customary accessory uses on lots of at least8,000 square feet in size. The following regulations shall apply in all "R-1A-8" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (See Sec. 5.4)One family dwelling, detachedSingle family industrialized home (see Sec. 5.7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public and privateGovernmental building or use with no outside storage(state/federally owAed aAd OJ')erated)MuAiGiJ')al use owAed or OJ')erated tly the City of New BrauAfels,iAsludiA!l litlrariesPark and/or playground (public)Public recreation/services building for public park/playgroundareasRecreation buildings (public)School, K-12 (public or private)Trusk !jameAs (Ao retail sales)UAiversity or solle!Je (f'lutllis or J')rivate)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'.PiaAAiAQ~AiAg 0FdiAaAee\£t:lAiAg Fe•JisieAs~ Page133)

)Zoning Ordinance- effective Nov. B, 2006R-1A-B(b) Maximum height, minimum area and setback requirements:(1) Residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setbacks. There shall be a side buildingsetback on each side of a building not less than 10 feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lines of the corner lots coincide with theside lot lines of the adjacent lots.illQ_ Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 80feet and the minimum width of a corner lot shall be 85 feet.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than4-2§.,000 square feet per dwelling, provided that where a lot hasless area than herein required and such lot was in separateownership prior to September 25, 1967, this requirement will notprohibit the erection of a one-family dwelling. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre_per dwelling unit not located over the recharge zone andone acre per dwelling unit located over the recharge zone.(viii) Lot depth. 100 feet.(~) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(2) Non-residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:\PiaAAiAQileAiAQ OFdiAaAselleAiAQ Fe"isieAs~ Page134 ·

)Zoning Ordinance- effective Nov. 8, 2006R-1A-8(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Comer lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 feet.(viii) Lot depth. 100 feet.---(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docx\J:\PiaAAiAQ~9AiAQ OFdiAaAGe~AiAQ Fe•JisieAs~ Page135)

)Zoning Ordinance- effective Nov. 8, 2006R-1A-6.63.4-2. "R-1 A-6. 6" single-family district.Purpose. The R-1A-6.6 single-family district is intended for development of primarilydetached, single-family residences and customary accessory uses on lots of at least6,600 square feet in size. The following regulations shall apply in all "R-1A-6.6" districts:"R-1A" district.The district called "R-1A" shall be renamed and shown on the zoning map as "R-1A-6.6".(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (See Sec. 5.4)One family dwelling, detachedSingle family industrialized home (see Sec. 5.7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(s!a!ef.feElerally owneEl anEl OI'Jera!eEl)Muniei13al use o•NneEl or OI'Jera!eEl l:ly !he City of ~~e ... , Braunfels,ineluElin!l lil:lrariesPark and/or playground (public)Public recreation/services building for public park/playgroundareasRecreation buildings (public)School, K-12 (public or private)Truek §arElens (no retail sales)University ar eolle!Je (13ul:llie ar I'JFiva!e)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianning\Zening 0Fainanse\Zening Fe•Jisiens~ Page136)

)Zoning Ordinance- effective Nov. B, 2006R-1A-6.6(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Height and area requirements:(1) Residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setbacks. There shall be a side buildingsetback on each side of a building not less than 4G five feet inwidth. Buildings on corner lots shall have 15-foot side buildingsetbacks adjacent to the street where the rear lot lines of thecorner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots ..GYL Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 80feet and the minimum width of a corner lot shall be 85 feet.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than 42,0006.600 square feet per dwelling for interior lots. and 7.000 squarefeet per dwelling for corner lots. provided that where a lot hasless area than herein required and such lot was in separateownership prior to September 25, 1967, this requirement will notprohibit the erection of a one-family dwelling. Where public orcommunity sewer is not available and in use, for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre per dwelling unit not located over the recharge zone andone acre per dwelling unit located over the recharge zone.(viii) Lot depth. 100 feet.(ilriiii) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(2) Non-residential uses.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiA!JIZeAiA!J OrdiAaAse\ZeAiA!J re•JisieAs~ Page137)

)Zoning Ordinance- effective Nov. 8, 2006R-1A-6.6(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.)(vii) Width of lot. 60 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OraiRaRGeiZeRiRg re"isieRs~ Page138)

)Zoning Ordinance- effective Nov. 8, 2006R-2A3.4-3. "R-2A" single-family and two-family district.Purpose. The R-2A single-family and two-family districts intended for development ofsingle-family residences and associated uses as well as for development on largerparcels of land of low density two-family duplex units. The following regulations shallapply in all "R-2A" districts:(a) Authorized uses. Uses permitted by right and by special use permit shall bethose set forth in the Land Use Matrix in Section 4 of this Chapter. The alloweduses in the district, which are intended to be identical with those listed in theLand Use Matrix, are as follows(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Community home (see definition)Duplex I two-family I duplex condominiumsFamily home adult careFamily home child careHome occupation (See Sec. 5.4)One family dwelling, detachedSingle or two family industrialized home (see Sec. 5. 7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Cemetery and/or mausoleumChurch/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (live stock/ranch) (see Chapter 6, MunicipalCode and Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(statel.feelerally owAeel aAel operateel)MuAieipal use O\'IAeel or operateel l:ly the City of New BrauAfels,iAelueliAg lil:lrariesPark and/or playground (public or private)Public recreation/services building for public park/playgroundareasRecreation buildings (public)School, K-12 (public or private)Truek garEieA (Ao retail sales)UAiversity or college (pul:llis or private)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgiZaRiRg OnliRaRse\ZaRiRg Fe•JisiaRs~ Page139)

)Zoning Ordinance- effective Nov. B, 2006R-2A(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) One family dwellings.(2) Duplexes.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than 5 feet in width. Buildingson comer lots shall have 15-foot side building setbacks adjacentto the street where the rear lot lines of the corner lots coincidewith the rear lot lines of the adjacent lots. Buildings on corner lotsshall have 25-foot side building setbacks adjacent to the streetwhere the rear lines of the corner lots coincide with the side lotlines of the adjacent lots ..(jyl_ Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall have a lot area of not less than 6,600square feet per family for interior lots, and 7,000 square feet perfamily for comer lots, provided that where a lot has less areathan herein required and such lot was in separate ownershipprior to September 25, 1967, this requirement will not prohibit theerection of a one-family dwelling. Where a public or communitysewer is not available and in use for the disposal of all sanitarysewage, each lot shall provide not less than one half acre andone acre on the Edwards Aquifer Recharge Zone.(viii) Lot depth. 1 00 feet.(@4ii) Parking. Two off-street parking spaces shall be providedfor each one-family detached dwelling unit. See Section 5.1 forother permitted uses' parking.(i) Height. 35 feet.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:l,PiaAAiAgiZoAiAg OrdiAaAGe\ZoAiAg Fe'JisioAs~ Page140)

)Zoning Ordinance -effective Nov. 8, 2006R-2A(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than 5 feet in width. Buildingson corner lots shall have 15-foot side building setbacks adjacentto the street where the rear lot lines of the corner lots coincidewith the rear lot lines of the adjacent lots. Buildings on corner lotsshall have 25-foot side building setbacks adjacent to the streetwhere the rear lines of the corner lots coincide with the side lotlines of the adjacent lots.{M_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet.(vii) Lot area per family. Two-family dwellings (duplexes)hereafter erected or altered shall have a lot area of not less than8,000 square feet for an interior lot and 8,500 square feet for acorner lot. Where a public or community sewer is not availableand in use for the disposal of all sanitary sewage, each lot shallprovide not less than one acre and approved by the CitySanitarian.(viii) Lot depth. 100 feet.(Qrliii) Parking. Two off-street parking spaces shall be providedfor each two-family dwelling unit. See Section 5.1 for otherpermitted uses' parking.(3) Non-residential uses:(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaAAiAgiZeAiAg 0F9iAaAse\ZeAiAg Fe"isieAs~ Page141)

)Zoning Ordinance- effective Nov. 8, 2006R-2ABuildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 feet.(viii) Lot depth. 1 00 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRAiRgl£eRiRO 0FaiRaRsel£eRiRQ FeYisieRs~ Page142

Zoning Ordinance- effective Nov. 8, 2006R-3L3.4-4. "R-3L" multifamily low density district.Purpose. The R-3L multifamily low density district is intended for development of multiplefamily,Apartment residences at not more than 12 units per acre. The followingregulations shall apply in all "R-3L" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows:(1) Uses permitted by rightResidential uses:Accessory building/structureBed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCommunity home (see definition)Dormitory (in which individual rooms are for rental)Family home adult careFamily home child careHospiceMultifamily (apartments/condominiums)Rental or occupancy for less than one month (see Sec. 5.16)Non-residential uses:Adult day care (no overnight stay)Barns and farm equipment storage (related to agricultural uses)Cemetery and/or mausoleumChurch/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official)Electrical substationFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(state/federally ovmed and operated)M~o~nioipal ~o~se owned or operated l:ly the City of Ne·N Bra~o~nfels,inol~o~din!J lil:lrariesPark and/or playground (public or private)Public recreation/services building for public park/playgroundareasRecreation buildings (public)Retirement home/home for the aged - publicSchool, K-12 (public or private)Telephone exchange buildings (office only)Tr~o~ok !!arden (no retail sales)University or college (public or private)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiR~IZaRiR~ OFdiRaRGe\ZaRiR~ Fe'lisiaRs:!{).1.4..dQG Page 143)

)Zoning Ordinance- effective Nov. 8, 2006R-3LWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:( 1) Residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. A side building setback of 20 feet shallbe provided adjacent to residentiallv propefty zoned property ~f,, "R 11\ 4a.a~~, "R 1l\ 12", "R 1. 4 , fr, ~~R 1A a.Er, "R 2", "R 2P.t,"TFI", "TI=I /\", "ZI=I", "ZI=I A", "MU A", "B 1',, "B 1A" and"B 1B". Aside building setback of only six feet shall be provided adjacentto multifamily, commercially and industrially zoned property.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lines of the corner lots coincide with theside lot lines of the adjacent lots.iliQ_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 25 feet.(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Accessoty uses. Accessory uses such as swimming pools,tennis courts and playgrounds will not be permitted within anyrequired yard.(viii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 1!2 70 feet.(~)Density. 12 units per acre.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaAAiAgiZc:miAg OFdiAaAeeiZeAiAg re•JisieAs~ Page144

)Zoning Ordinance- effective Nov. 8, 2006R-3L(ix) Lot area. 15,000 square feet.(xi) Lot coverage. The combined area of all yards shall not beless than 50 percent of the total lot or tract; provided however,that in the event enclosed or covered parking is provided, theminimum total yard area requirement shall be 40 percent of thetotal lot or tract.(xij) Distance between structures. There shall be a minimum of12 feet between structures side by side; a minimum of 30 feetbetween structures side by front or rear; a minimum of 50 feetbetween structures front to front; and a minimum of 20 feetbetween structures backing rear to rear; and a minimum of 20feet between structures front to rear. The following illustration(Illustration 2) is a visual depiction of the distances betweenmultifamily structures.----tiSlreelI+---12'Min(SulebySida)S:reelIllustration 2Distance Between Multlramltt (High Denstty) Structures(xiij) Lot depth. 1 00 feet.(xiY.ii) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided inaccord with the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spacesU:\PiannjnffiZonjnq Ordjnance\Amendments 2012\Zonjnq revisions 2012 docx' '''0'anning' 7 ooing Ordinance' 7 ocing m•rjsions:!lJ.1..1..,doo Page 145)

)Zoning Ordinance- effective Nov. 8, 2006R-3L2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 112 space4. Each dwelling unit provided exclusively for low incomeelderly occupancy . . . 314 space ("Low income elderly" isdefined as any person 55 years of age or older with low ormoderate income, according to HUD standards. )See Section 5.1 for other permitted uses' parking.(2) Non-residential uses.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, thesetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Comer lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on comer lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZoAiAg OrdiAaAseiZoAiAg revisioAs~ Page146

)Zoning Ordinance -effective Nov. 8, 2006R-3H3.4-5. "R-3H" multifamily high density.Purpose. The R-3H multifamily high density district is intended for development ofmultiple-family residences at not more than 24 units per acre. "R-3H" uses should belocated on arterials and state roads and not be accessed through single-family andduplex areas. The following regulations shall apply in all "R-3H" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureBed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCommunity home (see definition)Dormitory (in which individual rooms are for rental)Family home adult careFamily home child careHospiceMultifamily (apartments/condominiums)Rental or occupancy for less than one month (see Sec. 5.16)Residential use in buildings with the following non-residentialusesNon-residential uses:Adult day care (no overnight stay)Art dealer I galleryBarns and farm equipment storage (related to agricultural uses)Cemetery and/or mausoleumChurch/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Electrical substationFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch} (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(state/feaerally ownea ana of)eratea)Mun_ioi~a!_us~·t·m.ea or of)eratea lly the City of ~lm•,• Braunfels,+--- ~-;:;;;t;d7.fustmed"-=~=-=====--.J1no u-1ng 1--ranesMuseumNursing/convalescent home/sanitariumPark and/or playground (public or private)Public recreation/services building for public park/playgroundareasRecreation buildings (public)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:'PiaAAiAOIZeAiAO OrdiAaAse'J:eAiAQ revisieAs~ Page147)

Zoning Ordinance- effective Nov. 8, 2006R-3HRetirement home/home for the aged - publicSchool, K-12 (public or private)Telephone exchange buildings (office only)Tr~o~sk !Jaraen (na retail sales)University or college (public or private)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Residential uses.(i) Height. 45 feet or 60 feet when a pitched roof is used (min4:12)h(ii) Front building setbacks. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. A side building setback of 20 feet shallbe provided. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots.M_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Parking and accessory uses. Parking may encroach into theinterior side and rear building setback as long as a solidscreening fence or wall of six to eight feet in height is erectedalong the interior side and rear property lines. Accessory usessuch as swimming pools, tennis courts and playgrounds will notbe permitted within any required yard.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgl£eAiAQ OrdiAaAsei£9AiAQ re•tisieAs~ Page148

)Zoning Ordinance- effective Nov. 8, 2006R-3H(viii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 72 feet.(~) Density. 24 units per acre.(ix) Lot area. 20,000 square feet.(xi) Lot coverage. The combined area of all yards shall be atleast 50 percent of the total lot or tract; provided however, that inthe event enclosed or covered parking is provided, the minimumtotal yard area requirement shall be 40 percent of the total lot ortract.(xij) Distance between structures. There shall be a minimum of10 feet between structures side by side; a minimum of 20 feetbetween structures side by front or rear; a minimum of 40 feetbetween structures front to front; a minimum of 20 feet betweenstructures backing rear to rear, and a minimum of 20' betweenstructures front to rear. (See illustration 1)(xiij) Access to an arterial roadway or state highway required.developments in this district must have direct access to either anarterial roadway or state highway.(xi:l(ii) Lot depth. 100 feet.(xiv) Parking.(2) Non-residential uses:For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided inaccord with the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low incomeelderly occupancy ... 3/4 space ("Low income elderly" isdefined as any person 55 years of age or older with low ormoderate income, according to HUD standards.)See Section 5.1 for other permitted uses' parking.(i) Height. 45 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width. Whereany building abuts a property with a one or two family use, theU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:\PiaRRiRg\ZeRiRg OrEliRaRse\ZeRiRg revisiaRs~ Page149)

)Zoning Ordinance- effective Nov. 8, 2006R-3Hsetback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(iv) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.(v) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Rear building setback. 20 feet.(vii) Width of lot. 60 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiAQ OmiAaAse\ZeAiAQ FB'IisieAs~ Page150

)Zoning Ordinance- effective Nov. 8, 2006B-1A3.4-6. "B-1A" conventional and manufactured home district.Purpose. This district is to recognize that certain areas of the city are suitable for amixture of single-family dwelling units, manufactured homes, and mobile homes, and toprovide adequate space and site diversification for residential purposes designed toaccommodate the peculiarities and design criteria of manufactured homes, along withsingle-family residences. The following regulations shall apply in all "B-1A" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by right.Residential uses:Accessory building/structureCommunity home (see definition)Duplex I two-family I duplex condominiumsHome occupation (see Sec. 5.4)HUD code-manufactured home I mobile homes, after a permit isobtained from the building inspector to permit removal ofwheels or transporting device and attaching the home to apermanent foundation on the ground, which home shallthereafter be regarded as a permanent structure and shallmeet all applicable codes and Chapters.HUD code-manufactured home subdivisionOne family dwelling, detachedSingle family industrialized home (Sec. 5.7 does not apply)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course (public or private)Governmental building or use with no outside storage(state/.fe!Oierally owne!OI an!OI operate!OI)M~o~nisipal ~o~se owne!OI or operate!OI by the City of Ne'N Bra~o~nfels,insl~o~IO!in!J librariesPark and/or playground (public or private)Park an!Oitor play!Jro~o~n!OI (p~o~blis)Public recreation/services building for public park/playgroundareasRecreation buildings (public)recycling kioskRetirement home/home for the agedSchool, K-12 (public or private)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxY :'l''laRRiRgiZeRiRg OF

)Zoning Ordinance- effective Nov. 8, 2006B-1ATruek !JaFEieA (Ao retail sales)UAiversity or college (J')ublio or J')rivate)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:( 1) Height. 35 feet.(2) Front building setback. 25 feet.(3) Side building setback. There shall be a side building setback on eachside of a building not less than five feet in width. Buildings on corner lotsshall have 15-foot side building setbacks adjacent to the street where therear lot lines of the corner lots coincide with the rear lot lines of theadjacent lots. Buildings on corner lots shall have 25-foot side buildingsetbacks adjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots.~Garage setback. Where a driveway is located in front of a garage, thegarage shall be setback 20 feet from the right-of-way or the driveway tothe garage shall be at least 20 feet long to provide enough space for avehicle to park without overhanging into the right-of-way, if the garagedoor is closed. (See illustration 8 in Sec. 5.1-1))@4) Rear building setback. 20 feet.(§~) Width of lot. The minimum width of an interior lot shall be 60 feetand the minimum width of a corner lot shall be 70 feet.(Ze) Lot area per family. Every single-family dwelling hereafter erected oraltered shall have a lot area of not less than 6,600 square feet per familyfor interior lots, and 7,000 square feet per family for corner lots. Twofamilydwellings (duplexes) hereafter erected or altered shall have a lotarea of not less than 8,000 square feet for an interior lot and 8,500square feet for a corner lot. Where a public or community sewer is notavailable and in use for the disposal of all sanitary sewage, each lot shallprovide not less than one half acre and one acre on the Edwards AquiferRecharge Zone.(§.+) Parking. See Section 5.1 for other permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiAQ OFdiAaAseiZeAiAQ re>JisieAs~ Page152

)Zoning Ordinance- effective Nov. 8, 2006 B-183.4-7. "8-18" manufactured home park district.Purpose. This district is to recognize that certain areas of the city are suitable formanufactured home parks located on a single tract of land under one ownership whereinspaces are leased for the placement of manufactured homes. On-site amenities such asrecreation and green areas, vehicle parking, and storage areas should be provided. Thefollowing regulations shall apply in all "B-1B" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureCommunity home (see definition)Home occupation (see Sec. 5.4)HUD code-manufactured homeManufactured or mobile home parks located on a single tract ofland under one ownership wherein spaces are leased forplacement of a mobile home or manufactured orindustrialized housing in accordance with Appendix B, Codeof OrdinancesSingle family industrialized home (Sec. 5.7 does not apply)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course (public or private)Governmental building or use with no outside storage(statel.feelerally owneel anel OJ3erateel)Munioi13al use owneel or OJ3erateel by the City of Nev.' Braunffils,inoluelin~ librariesPark and/or playground (public or private)Recreation buildings (public)School, K-12 (public or private)Truck ~arelen (no retail sales)University or oolle~e (13ublio or 13rivate)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRij'01:eRiRO OraiRaRse'01:eRiRg re•JisieRs~ Page153)

)Zoning Ordinance- effective Nov. B, 2006 B-18(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Height and area requirements: All mobile home parks shall comply with thoseregulations set forth in Appendix B of this Code of Ordinances.(c) Other requirements. Parking. See Section 5.1 for other permitted uses'parking.)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRQIZ9RiRQ 0FdiRaRGell9RiAQ F8"iBi9AB~ Page154

)Zoning Ordinance- effective Nov. 8, 2006TH-A3.4-8. "TH-A" townhouse residential district.Purpose. The TH-A townhouse residential district is intended for development of singlefamilyresidential townhomes and associated uses. The following regulations shall applyin all "TH-A" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureCommunity home (see definition)Family home adult careFamily home child careHome occupation (see Sec. 5.4)Townhouse(attached)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(state/.fec:lerally owRec:l aRc:! OIJeratec:l)MuRiGi!Jal use O'NRec:l or OIJeratec:l by the City of New BrauRfels,iRoluc:liR€1 librariesPark and/or playground (public or private)Recreation buildings (public)School, K-12 (public or private)Truck €Jarc:leR (Ro retail sales)URi'lersity or oolle€Je (IJublio or !Jrivate)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Height. 35 feet.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRQ Orl'liRBRGe\ZeRiRQ reuisieRs~ Page155)

)Zoning Ordinance- effective Nov. 8, 2006TH-A(2) Front building setback. A minimum front yard of 10 feet shall beprovided to the front of the house. If front entry garages/carports areprovided, a minimum front yard of 20 feet shall be provided to thegarage/carport.(3) Side building setback. No side building setbacks are required forinterior lots except the minimum distance between two building groupsshall be 20 feet and the minimum distance between a building group andany abutting subdivision boundary or zoning district boundary line shallbe 20 feet. Buildings on comer lots shall have 15-foot side buildingsetbacks adjacent to the street, except where the rear lot line of a cornerlot coincides with a side lot line of an adjacent lot, then 25-foot minimumside building setbacks adjacent to the street shall be provided.~Garage setback. Where a driveway is located in front of a garage, thegarage shall be setback 20 feet from the right-of-way or the driveway tothe garage shall be at least 20 feet long to provide enough space for avehicle to park without overhanging into the right-of-way, if the garagedoor is closed. (See illustration 8 in Sec. 5.1-1)(9.4) Rear building setback. No building shall be constructed closer thanten feet from the rear property line. If the rear of the lots abut any otherresidential zoning district, the rear building setback shall have a minimumdepth of 20 feet.(§a) Width of lot. Interior lots shall have a minimum width of 25 feet.Corner lots shall have a minimum width of 40 feet except where the rearlot line of a corner lot coincides with a side lot line of an adjacent lot, thenthe comer lot shall have a minimum width of 50 feet.)(Z(~) Lot area per family. 2,500 square feet.(7) Lot depth. 100 feet.(c) Other requirements:(1) Common open space. A minimum of 250 square feet of commonopen space per lot shall be provided within the townhouse project. Incomputing the required common open space, individually ownedtownhouse lots, required front, rear, or side setbacks, streets, alleys, orpublic rights-of-way of any kind, vehicular drives, parking areas, servicedrives, or utility easements shall not be included. Drainage easementsand detention ponds may be used in computing common open space.(2) Building group. There shall be no less than two nor more than eightindividual dwelling units in each building or dwelling group. Each buildinggroup shall be at least 20 feet from any other building group, measuredfrom the nearest points of their foundations. Each building or buildinggroup shall be at least 20 feet from any subdivision or zoning districtboundary line.(3) Accessory buildings. Any detached accessory buildings permitted,except carports open on at least two sides, shall be set at least three feetU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAglleAiAg OrdiAaAselleAiAg revisieAs~ Page156

)Zoning Ordinance- effective Nov. 8, 2006TH-Aaway from the side lot line unless their walls are equal in fire resistanceto the common walls of the main structure. Detached carports, open onat least two sides, may be buill to the property line with no common wallrequired. Rear building setbacks for an accessory building shall be threefeet. Any accessory building permitted in a "R-1A-43.5", "R-1A-12", "R-1A-8", or "R-1A-6.6" district shall be permitted in district "TH-A."(4) Parking. There shall be at least two off-street parking spaces for eachtownhouse. See Section 5.1 for other permitted uses' parking.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:',PiaAAiAg\Z

)Zoning Ordinance- effective Nov. 8, 2006ZH-A3.4-9. "ZH-A" zero lot line home district.Purpose. The ZH-A zero lot line home district is intended for development of detachedsingle-family residences on compact lots having one side building setback reduced tozero feet, also commonly referred to as "zero lot line", and having a minimum lot size offour thousand (4,000) square feet. The following regulations shall apply in all "ZH-A"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (see Sec. 5.4)Single family industrialized housing (see Sec. 5.7)Zero lot line I patio homesNon-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Golf course, public or privateGovernmental building or use with no outside storage(statelfe(!erally owne(! an(! OIJerate(!)Muniei!Jal use owne(! or OIJerate(! l:ly the City of New Braunfels,inelu(!inglil:lrariesPark and/or playground (public or private)Recreation buildings (public)School, K-12 (public or private)Truek garoen (no retail sales)University or college (IJUI:llie or 1Jri•1ate)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystem)(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:\PiaAAiAQ\;!;GAiAQ OF

)Zoning Ordinance- effective Nov. 8, 2006ZH-A(b) Maximum height, minimum area and setback requirements:(1) Height. 35 feet.(2) Front building setback. A minimum front yard of 10 feet shall beprovided to the front of the house. If front entry garages/carports areprovided, a minimum front yard of 20 feet shall be provided to thegarage/carport.(3) Side building setback. There shall be no side building setbackrequired on one side of the lot and a minimum of 10 feet in the oppositeside yard. If the side of the lot abuts any other residential zoning district,that side building setback shall have a minimum depth of 10 feet. Thedwelling on the "no side building setback required" side may be off-setfrom the property line by no more than one foot. However. a provisioncan be made for 5 foot setbacks on both sides if it meets all applicablebuilding codes.(4) Comer lots. Buildings on corner lots shall provide a minimum exteriorside building setback of ten feet. If entry to a garage/carport is providedon the exterior side a minimum yard of 20 feet shall be provided to thegarage/carport.(5) Rear building setbacks. If rear entry garages/carports are providedfrom an alley, the rear building setback shall have a minimum depth of20 feet. If no alley is provided and garage/carport entries are from thefront, the rear building setback shall have a minimum depth of 10 feet. Ifthe rear of the lots abut any other residential zoning district, the rearbuilding setback shall have a minimum depth of 20 feet.(6) Width of lot. 40 feet.(7) Lot area. 4,000 square feet.(8) Lot depth. 100 feet.(c) Other requirements:(1) Minimum area zoned. Not less than three lots with common side lotlines will be zoned for zero lot line homes. When facing on the samestreet within the same block, mixing of ZH structures and otherresidential structures will not be allowed. However, this does notpreclude other residential uses on one side of a street with ZH uses onthe opposite side of the street within the same block or different blocks.(2) Zero lot line wall. No door or window openings shall be built into theside wall facing the zero lot line except those that are more than threefeet from the property line and screened by a masonry wall at least eightfeet in height so that the opening(s) is not visible from the adjoiningproperty. (See illustration a-~, "ZH-A" district)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRg OFdiRaRse\ZeRiRg FEwisieRs2l»4.des Page 159)

)Zoning Ordinance- effective Nov. 8, 2006ZH-A(3) Overhang. Eaves and gutters may overhang the zero lot line side ofthe lot by no more than 18 inches. If there is an overhang over the lotline, a gutter is required such that roof runoff shall not be deposited overthe lot line onto adjoining property.(4) Maintenance, drainage and overhang easement. A maintenance,drainage and overhang easement of five feet shall be provided on eachlot that is adjacent to a lot with a zero setback allowance. This easementshall be for the purpose of maintaining the wall and foundation that isadjacent to one side property line to provide for proper maintenance anddrainage.(5) Parking. There shall be at least two off-street parking spaces for eachzero lot line home. See Section 5.1 for other permitted uses' parking.IOpening ToIOpening ToSide YardIIZero LotlineI5 ft. malnteoance, drainage,I5 n. maintenance. drainage.and overhang easementI/effiangeasementJ--"i\'\.INoclooforwirldoYioperings IIIIfearYatd~ I:JSetback!JIJIJ JIIIIIIIIII-: =~r-- - -. -IInI ....... I Iz.rol I I Sidei*-"Patio I IY""l IWa I I......_ t- -;-I I ~ I ....._\I I IItI IIIIIII16 h. ovemang /-~III10ft.minirm.mI Door or window openings I 8 ft. MasoniY Walr ... vl.sidaselbad

)Zoning Ordinance- effective Nov. 8, 2006MU-A3.4-10. "MU-A" low intensity mixed use district.Purpose. The MU-A Low Intensity Mixed Use District is intended to provide for a mixtureof retail, office, and residential uses in close proximity to enable people to live, work andshop in a single location. Bed-and-breakfast establishments could also be located in thisdistrict. Pedestrian walkways and open areas are desired in order to promote apedestrian-friendly environment.(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by right--jResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Bed and breakfast inn (see Sec. 5.5)Community home (see definition)Duplex /two-family dwelling/ duplex condominiumsFamily home adult careFamily home child careHome occupation (see Sec. 5.4)HospiceMultifamily (apartments/condominiums)One family dwelling, detachedResidential use in buildings with the following non-residentialusesSingle family industrialized housing (see Sec. 5.7)Townhouse (attached)Zero lot line I patio homesNon-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)Amusement devices/arcade (four or more devices)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssisted living facility/retirement homeAuto leasingAuto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Bakery (retail)Bank, savings and loan, or credit unionBar/TavernBarber/beauty shop, haircutting (non-college)U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OrdiAaAseiZeAiAg revisieAs~ Page161)

Zoning Ordinance- effective Nov. B, 2006MU-ABarns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBingo facilityBook bindingBook storeCafeteria I cafe I delicatessenCampers' suppliesCatererCemetery and/or mausoleumCheck cashing serviceChild day care/children's nursery (business)Church/place of religious assemblyCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Coffee shopCommunication equipment - installation and/or repairCommunity building (associated with residential uses)Computer and electronic salesComputer repairConfectionery store (retail)Consignment shopContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store without gas salesCredit agencyCurio shopsCustom work shopsDepartment storeDrapery shop I blind shopDrug sales/pharmacyElectrical repair shopElectrical substationFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)FloristFood or grocery store without gasoline sales (100,000 sq. ft orless)Frozen food storage for individual or family useGarden shops and greenhousesGolf courseGovernmental building or use with no outside storage(state!.feEierally owned anEI Of'JerateEI)Greenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHospital, rehabilitationU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQ\leAiAQ OrdiAaAse\leAiAQ re•JisiaAs~ Page162

Zoning Ordinance- effective Nov. 8, 2006MU-AKiosk (providing a retail service)Laundromat and laundry pickup stationsLaundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLocksmithMartial arts schoolMuniciJ:)al use ownee or OJ:leratee by the city of New Braunfels,inclueing librariesMuseumNeedlework shopNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (private)Park and/or playground (public)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure I public garagePawn shopPet shop I supplies (10,000 sq. ft. or less)Photographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nursery (no retail sales on site)Plant nursery (retail sales I outdoor storage)Public recreation/services building for public park/playgroundareasQuick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRecreation buildings (private)Recreation buildings (public)Recycling kioskRefreshment/beverage standRestaurant with drive through serviceRestaurant/prepared food salesRetail store and shopping center witheut drive thru service(50,000 sq. ft. bldg. or less)Retirement home/home for the agedSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation companyU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU :\PiaAAiAgiZeAiAQ OFdiAaAse\ZeAiAQ revisieAs20-14.des Page 163)

)Zoning Ordinance- effective Nov. 8, 2006MU-AShoe repair shopsShopping centerSpecialty shops in support of project guests and touristsStudios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTattoo or body piercing studioTelemarketing agencyTelephone exchange buildings (office only)Theater (non-motion picture; live drama)Tool rentalTravel agencyTr~o~ok gaFEieR (wi!R retail sales)University or college (public or private)Vacuum cleaner sales and repairVeterinary hospital (no outside animal runs or kennels)Video rental/ salesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. Buildings and structures shall not exceed 35 feet inheight; however buildings and structures higher than 35 feet maybe approved by SUP.(ii) Front building setback. No building setback required.(iii) Side building setback. No side building setback is required.(iv) Rear building setback. Five feet minimum with an additionaltwo feet required for each story above 24 feet, up to a maximumsetback of 25 feet; there shall be no encroachment or overhangsinto this required rear building setback.(v) Residential setback. Where a non-residential use or amultifamily development of more than three units abuts a one ortwo family use or zoning district, the setback from the residentialproperty line shall be at least 20 feet plus one foot for each footof building height over 20 feet.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgiZeRiRg OFdiRaRse\ZeRiAg Fe'lisieRs~ Page164\)

)Zoning Ordinance- effective Nov. 8, 2006MU-A(vi) Minimum lot area. The minimum internal lot area shall be6,000 square feet or 7,000 square feet for a corner lot.(vii) Minimum lot frontage: 60 feet.(viii) Lot depth. 100 feet.(ix) Parking. See Section 5.1 for permitted uses' parking.(2) One family dwellings.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe side lot lines of the adjacent lots.illQ_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. Interior lots 4§ 60 feet. Corner lots ae 70 feet.Where a lot has less width than herein required, and such lotwas in separate ownership prior to September 25, 1967, thisrequirement will not prohibit the erection of a one-family dwelling.(vii) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than 6,600square feet per dwelling for interior lots, and 7,000 square feetper dwelling for corner lots, provided that where a lot has lessarea than herein required and such lot was in separateownership prior to September 25, 1967, this requirement will notprohibit the erection of a one-family dwelling. Where public orcommunity sewer is not available and in use for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre and one acre on the Edwards Aquifer Recharge Zone.(viii) Lot depth. 100 feet.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OFdiAaAGe\ZeAiAg Fe'JisieAs~ Page165)

)Zoning Ordinance- effective Nov. 8, 2006MU-A(3) Duplexes.(@

)Zoning Ordinance- effective Nov. 8, 2006MU-A(4) Multifamily dwelling.(i) Height. 35 feet: 50 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.(iii) Side building setback. A side building setback of 20 feet shallbe provided adjacent to property zoned "R-1", "R-1A-43.5", "R-1A-12", "R-1A-8", "R-1A-6.6", "R-2", "R-2A", "TH", "TH-A", "ZH","ZH-A", "MU-A", "B-1", "B-1A" and "B-1B". A side buildingsetback of only six feet shall be provided adjacent to multifamily,commercially and , industrially zoned property. Buildings oncorner lots shall have 15-foot side building setbacks adjacent tothe street where the rear lot lines of the corner lots coincide withthe rear lot lines of the adjacent lots. Buildings on corner lotsshall have 25-foot side building setbacks adjacent to the streetwhere the rear lines of the corner lots coincide with the side lotlines of the adjacent lots.fulLGarage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. The depth of the rear building setbackshall be at least 25 percent of the depth of the lot, but such depthneed not be more than 25 feet.(vi) Accessory uses. Accessory uses such as swimming pools,tennis courts and playgrounds will not be permitted within anyrequired yard.(vii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 72 70 feet.(viii) Density. 12 units per acre.(Lxviii) Lot area. 15,000 square feet.(ix) Lot coverage. The combined area of all yards shall not beless than 50 percent of the total lot or tract; provided however,that in the event enclosed or covered parking is provided, theminimum total yard area requirement shall be 40 percent of thetotal lot or tract.(xi) Distance between structures. There shall be a minimum of12 feet between structures side by side; a minimum of 30 feetbetween structures side by front or rear; a minimum of 50 feetbetween structures front to front; and a minimum of 20 feetU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZGAiAg Or9iAaAseli!:GAiAg revisiGAS~ Page167)

Zoning Ordinance- effective Nov. 8, 2006MU-Abetween structures backing rear to rear; and a minimum of 20feet between structures front to rear. (See illustration 2)(xii) Lot depth. 100 feet.(xiii) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 s~aces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards. )See Section 5.1 for other permitted uses' parking.(5) Townhouses.(i) Height. 35 feet.(ii) Front building setback. 1 0 feet. If front entry garages/carportsare provided, a minimum front yard of 20 feet shall be providedto the garage/carport.(iii) Side building setback. No side building setbacks are requiredfor interior lots except the minimum distance between twobuilding groups shall be 20 feet and the minimum distancebetween a building group and any abutting subdivision boundaryor zoning district boundary line shall be 20 feet. Buildings oncorner lots shall have 15-foot side building setbacks adjacent tothe street, except where the rear lot line of a corner lot coincideswith a side lot line of an adjacent lot, then 25-foot minimum sideyards adjacent to the street shall be provided.fu!l_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. No building shall be constructedcloser than ten feet from the rear property line. If the rear of theU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:'PiaAAiR!II£9AiR!I OFlliAaAse\ZeAiA!I FevisieAs~ Page168

)Zoning Ordinance- effective Nov. B, 2006MU-Alots abut any other residential zoning district, the rear buildingsetback shall have a minimum depth of 20 feet.(vi) Width of lot. Interior lots shall have a minimum width of 25feet. Corner lots shall have a minimum width of 40 feet exceptwhere the rear lot line of a corner lot coincides with a side lot lineof an adjacent lot, then the corner lot shall have a minimum widthof 50 feet.(vii) Lot depth. 100 feet.(viii) Lot area per family. 2,500 square feet.(i2\Viii) Common open space. A minimum of 250 square feet ofcommon open space per lot shall be provided within thetownhouse project. In computing the required common openspace, individually owned townhouse lots, required front, rear, orside setbacks, streets, alleys, or public rights-of-way of any kind,vehicular drives, parking areas, service drives, or utilityeasements containing or permitting overhead pole carriedservice shall not be included. Drainage easements and detentionponds may be used in computing common open space.(ix) Building group. There shall be no less than two nor morethan eight individual dwelling units in each building or dwellinggroup. Each building group shall be at least 20 feet from anyother building group, measured from the nearest points of theirfoundations. Each building or building group shall be at least 20feet from any subdivision or zoning district boundary line.(xi) Accessory buildings. Any detached accessory buildingspermitted, except carports open on at least two sides, shall beset at least three feet away from the side lot line unless theirwalls are equal in fire resistance to the common walls of themain structure. Detached carports, open on at least two sides,may be built to the property line with no common wall required.Rear building setback for an accessory building shall be threefeet. Any accessory building permitted in district "R-1" shall bepermitted in district ''TH."(xii) Parking. There shall be at least two off-street parking spacesfor each townhouse. See Section 5.1 for other permitted uses'parking.(6) Zero lot line I patio homes.(i) Height. 35 feet.(ii) Front building setback. 1 0 feet. If front entry garages/carportsare provided, a minimum front yard of 20 feet shall be providedto the garage/carport.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaRRiRgiZeRiRg 0fdiRaRGei£9RiRg Fe"isieRs~ Page169)

Zoning Ordinance- effective Nov. 8, 2006MU-A(iii) Side building setback. There shall be no side buildingsetback required on one side of the lot and a minimum of 10 feetin the opposite side yard. If the side of the lot abuts any otherresidential zoning district, that side building setback shall have aminimum of ten feet. The dwelling on the "no side buildingsetback required" side may be off-set from the property line byno more than one foot.(iv) Comer lots. Buildings on comer lots shall provide a minimumexterior side building setback of 1 0 feet. If entry to agarage/carport is provided on the exterior side, a minimum yardof 20 feet shall be provided to the garage/carport.(v) Rear building setback. If rear entry garages/carports areprovided from an alley, the rear building setback shall have aminimum depth of 20 feet. If no alley is provided andgarage/carport entries are from the front, the rear buildingsetback shall have a minimum depth of 10 feet. If the rear of thelots abut any other residential zoning district, the rear buildingsetback shall have a minimum depth of 20 feet.(vi)_ Width of lot. 40 feet.(vii) Lot area. 4,000 square feet.(viii) Lot depth. 1 00 feet.(ix) Minimum area zoned. Not less than three lots with commonside lot lines will be zoned for zero lot line homes. When facingon the same street within the same block, mixing of ZHstructures and other residential structures will not be allowed.However, this does not preclude other residential uses on oneside of a street with ZH uses on the opposite side of the streetwithin the same block or different blocks.)(x) Zero lot line wall. No door or window openings shall be builtinto the side wall facing the zero lot line except those that aremore than three feet from the property line and screened by amasonry wall at least eight feet in height so that the opening(s) isnot visible from the adjoining property. (See illustration 3, "ZH-A"district)(xi) Maintenance, drainage and overhang easement. Amaintenance, drainage and overhang easement of five feet shallbe provided on each lot that is adjacent to a lot with a zerosetback allowance. This easement shall be for the purpose ofmaintaining the wall and foundation that is adjacent to one sideproperty line to provide for proper maintenance and drainage.(xii) Overhang. Eaves and gutters may overhang the zero lot lineside of the lot by no more than 18 inches. If there is an overhangover the lot line, a gutter is required such that roof runoff shallnot be deposited over the lot line onto adjoining property.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:'.OiaRRiRgiZaRiRg OrdiRaRGe\ZaRiAg revisiaAs:!Q.1.4..des Page 170

Zoning Ordinance- effective Nov. 8, 2006MU-A(xiii) Parking. There shall be at least two off-street parkingspaces for each zero lot line home. See Section 5.1 for otherpermitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiAg OraiAaAseiZeAiAg FEl'lisieAs~ Page171)

)Zoning Ordinance -effective Nov. 8, 2006MU-B3.4-11. "MU-8" high intensity mixed use district.Purpose. The MU-B High Intensity Mixed Use District is intended to provide for a mixtureof more intense retail, office, and industrial uses in close proximity to enable people tolive, work and shop in a single location. Bed-and-breakfast establishments could also belocated in this district. Pedestrian walkways and open areas are desired in order topromote a pedestrian-friendly environment.(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureBed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCommunity home (see definition)Dormitory (in which individual rooms are for rental)HospiceMultifamily (apartments/condominiums- at least five units)Rental or occupancy for less than one month (see Sec. 5.16)Residential use in buildings with the following non-residentialusesTownhouse (at least five lots)Non-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)Aircraft support and related servicesAirportAll terrain vehicle (A TV) dealer I salesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArchery rangeArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAssisted living facility I retirement homeAthletic fieldsAuction sales (non-vehicle)Auto body repair, garages (see Sec. 5.10))U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:\PiaRRiRg\ZaRiRO OFiliRaRse\ZaRiRO Fe'JisiaRs~ Page172)

)Zoning Ordinance- effective Nov. 8, 2006MU-8Auto glass repair/tinting (see Sec. 5.10)Auto interior shop I upholstery (see Sec. 5.1 0)Auto leasingAuto muffler shop (see Sec. 5.10)Auto or trailer sales rooms or yards (see Sec. 5.11)Auto or truck sales rooms or yards - primarily new (see Sec.5.11)Auto paint shopAuto repair as an accessory use to retail salesAuto repair garage (general) (see Sec. 5.1 0)Auto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or credit unionBar/TavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBilliard I pool facilityBingo facilityBio-medical facilitiesBlacksmith or wagon shopsBook bindingBook storeBottling or distribution plants (milk)Bottling worksBowling alley/center (see Sec. 5.12)Broadcast station (with tower) (see Sec. 5.6)Bus barns or lotsBus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCar wash (self service; automated)Car wash, full service (detail shop)Carpenter, cabinet, or pattern shopsCarpet cleaning establishmentsCatererCemetery and/or mausoleumCheck cashing serviceChemical laboratories (not producing noxious fumes or odors)Child day care I children's nursery (business)Church/place of religious assemblyCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Club (private)Coffee shopCold storage plantU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgl£eRiRg OFdiRaRse\ZeRiRg re•JisieRs~ Page173)

)Zoning Ordinance- effective Nov. 8, 2006MU-BCommercial amusement concessions and facilitiesCommunication equipment - installation and/or repairComputer and electronic salesComputer repairConfectionery store (retail)Consignment shopContractor's office/sales, with outside storage including vehiclesContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesCenveniense stere witheut gas salesCountry club (private)Credit agencyCurio shopsCustom work shopsDance hall/ dancing facility (see Sec. 5.12)Day campDepartment storeDrapery shop I blind shopDriving rangeDrug sales/pharmacyElectrical repair shopElectrical substationElectronic assembly/high tech manufacturingElectroplating worksEngine repair/motor manufacturing re-manufacturing and/orrepairExterminator serviceFair groundFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFood or grocery store with or without gasoline salesFeoel or greeery stere witheut gaseline salesFood processing (no outside public consumption)Forge (hand)Forge (power)Fraternal organization/civic club (private club)Freight terminal, rail/truck (when any storage of freight is outsidean enclosed building)Freight terminal, truck (all storage of freight in an enclosedbuilding)Frozen food storage for individual or family useFuneral home/mortuaryFurniture manufactureFurniture sales (indoor)Galvanizing worksGarden shops and greenhousesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OnliRaRse\ZeRiRg re•1isieRs~ Page174)

)Zoning Ordinance- effective Nov. 8, 2006MU-8Golf course (public or private)Golf course (miniature)Governmental building or use with no outside storage(statel.feserally ownes ans OJ'lerates)Greenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHeavy load (farm) vehicle sales/repair (see Sec. 5.13)HeliportHome repair and yard equipment retail and rental outletsHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels - extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)Ice plantsIndustrial laundriesKiosk (providing a retail service)Laboratory equipment manufacturingLaundromat and laundry pickup stationsLaundry, commercial (w/o self serve)Laundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLeather products manufacturingLight manufacturingLimousine I taxi serviceLocksmithLumberyard (see Sec. 5.14)Lumberyard or building material sales (see Sec. 5.14)Machine shopMaintenance/janitorial serviceMajor appliance sales (indoor)Manufactured home salesManufacturing and processesMarket (public, flea)Martial arts schoolMedical supplies and equipmentMetal fabrication shopMicro brewery (onsite manufacturing and sales)Mini-warehouse/self storage units (no outside boat and RVstorage permitted)Mini-warehouse/self storage units with outside boat and RVstorageMotion picture studio, commercial filmMotion picture theater (indoors)Motion picture theater (outdoors, drive-in)Motorcycle dealer (primarily new I repair)Moving storage companyMoving, transfer, or storage plantU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaRRiR~IZaRiR~ OnliRaRGe\ZeRiR~ revisieRs~ Page175)

)Zoning Ordinance- effective Nov. 8, 2006MU-BMuAiei~al use S'NAeEI er e~erateEI BY the City ef New BrauAfels,iAeluEiiAg liBrariesMuseumNeedlework shopNon-bulk storage of gasoline, petroleum products and liquefiedpetroleumNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesOutside storage (as primary use)Park and/or playground (private)Park and/or playground (public)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure I public garagePawn shopPersonal watercraft sales (primarily new I repair)Pet shop I supplies (10,000 sq. ft. or less)Pet store (more than 10,000 sq. ft.)Photo engraving plantPhotographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nurseryPlant nursery (growing for commercial purposes with retail saleson site)Plastic products molding/reshapingPlumbing shopPortable building salesPropane sales (retail)Public recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRappelling facilitiesRecreation buildings (public or private)ReereatioA BUiiEiiAQS (~UBiie)Recycling kioskRefreshmenUbeverage standResearch lab (non-hazardous)Restaurant with drive throughRestauranUprepared food salesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:\PiaAAiAQIZeAiAQ OrdiAaAseiZeAiAQ re•JisieAs~ Page176)

)Zoning Ordinance- effective Nov. 8, 2006MU-B----jRetail store and shopping center (more than 50,000 sq. ft. bldg.)Retail store and shopping center withe~o~t eiFive thr~o~ service(50,000 sq. ft. bldg. or less)Retirement home/home for the agedRodeo groundsRV parkRV/travel trailer salesSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation companySheet metal shopShoe repair shopsShooting gallery - indoor (see Sec. 5.12)Shopping centerSign manufacturing/painting plantSpecialty shops in support of project guests and touristsStorage - exterior storage for boats and recreational vehiclesStorage in bulkStudio for radio or television (with tower) (see Sec. 5.6)Studios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTattoo or body piercing studioTaxidermistTelemarketing agencyTelephone exchange (office and other structures)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoors)Tool rentalTe~o~rist oe~o~rtTransfer station (refuse/pick-up)Travel agencyTr~o~ok garelenTruck or transit terminal (with outside storage)University or college (public or private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVeterinary hospital with or {ne-without outside animal runs orkennels) with the exception that outdoor kennels may not beused between the hours of 9:00 p.m. and 7:00 a.m. and areprohibited adjacent to residentialVeterinary hospital (with e~o~teleer animal r~o~ns er kennels)Video rental/ salesWarehouse I office and storage I distribution centerWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:',PiaRRiRQ~RiRQ OFdiRaRse\ZeRiRQ FBvisieRs~ Page177)

)Zoning Ordinance -effective Nov. 8, 2006MU-BWaterfront amusement facilities - boat landing piers/launchingrampsWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWelding shopWholesale sales offices and sample roomsWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:( 1) Non-residential uses.(i) Height. 120 feet.(ii) Front building setback. No front building setback required.(iii) Side building setback. No side building setback is required.(iv) Rear building setback. Five feet minimum with an additional twofeet required for each story above 24 feet, up to a maximum setbackof 25 feet; there shall be no encroachment or overhangs into thisrequired rear building setback.)(v) Residential setback. Where a non-residential building or amultifamily development of more than three units abuts a one or twofamily use or zoning district, the setback from the residential propertyline shall be at least 20 feet plus one foot for each foot of buildingheight over 20 feet.(vi) Minimum lot area. The minimum internal lot area shall be 6,000square feet or 7,000 square feet for a corner lot.(viii) Minimum lot frontage: 60 feet.(ix) Lot depth. 100 feet.(x) Parking. See Section 5.1 for other permitted uses' parking.(2) Multifamily dwellings.(i) Height. 120 feet.(ii) Front building setbacks. 25 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxbi:'PiaAAiRQ~AiAQ OFdiRaRGeli!:GRiRQ revisic:ms~ Page178)

)Zoning Ordinance- effective Nov. 8, 2006MU-8(iii) Rear building setback. 25 feet.(iv) Side building setback. A side building setback of 20 feet shall beprovided. Buildings on corner lots shall have 15-foot side buildingsetbacks adjacent to the street where the rear lot lines of the cornerlots coincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent to thestreet where the rear lines of the corner lots coincide with the side lotlines of the adjacent lots.!Yl_Garage setback. Where a driveway is located in front of a garage,the garage shall be setback 20 feet from the right-of-way or thedriveway to the garage shall be at least 20 feet long to provideenough space for a vehicle to park without overhanging into theright-of-way, if the garage door is closed. (See illustration 8 in Sec.5.1-1)---j(vi) Parking and accessory uses. Parking may encroach into theinterior side and rear building setback as long as a solid screeningfence or wall of six to eight feet in height is erected along the interiorside and rear property lines. Accessory uses such as swimmingpools, tennis courts and playgrounds will not be permitted within anyrequired yard.(vii) Width of lot. The minimum width of an interior lot shall be 60 feetand the minimum width of a corner lot shall be 72: 70 feet.(viii) Density. No maximum.(Lxviii) Lot area. 2Q,QQQ 1 5.QQQ?? 20.000 square feet.(ix) Lot coverage. The combined area of all yards shall not be lessthan 50 percent of the total lot or tract; provided however, that in theevent enclosed or covered parking is provided, the minimum totalyard area requirement shall be 40 percent of the total lot or tract.(xi) Distance between structures. There shall be a minimum of 1 0feet between structures side by side; a minimum of 20 feet betweenstructures side by front or rear; a minimum of 40 feet betweenstructures front to front; a minimum of 20 feet between structuresbacking rear to rear, and a minimum of 20' between structures frontto rear. (See illustration 1)(xii) Access to an arterial roadway or state highway required.Developments in this district must have direct access to either anarterial roadway or state highway.(xiii) Lot depth. 100 feet.(xil/,ii) Parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:'PiaRRiRQIZeRiRQ OrdiRaRseiZGRiRQ revisieRs~ Page179)

)Zoning Ordinance- effective Nov. 8, 2006MU-BFor apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards.)See Section 5.1 for other permitted uses' parking.(3) Townhouses.(i) Height. 35 feet.(ii) Front building setback. 10 feet. If front entry garages/carports areprovided, a minimum front yard of 20 feet shall be provided to thegarage/carport.(iii) Side building setback. No side building setbacks are required forinterior lots except the minimum distance between two buildinggroups shall be 20 feet and the minimum distance between abuilding group and any abutting subdivision boundary or zoningdistrict boundary line shall be 20 feet. Buildings on corner lots shallhave 15-foot side building setbacks adjacent to the street, exceptwhere the rear lot line of a corner lot coincides with a side lot line ofan adjacent lot, then 25-foot minimum side yards adjacent to thestreet shall be provided.)@LGarage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-way orthe driveway to the garage shall be at least 20 feet long to provideenough space for a vehicle to park without overhanging into theright-of-way, if the garage door is closed. (See illustration 8 in Sec.5.1-1)(iv) Rear building setback. No building shall be constructed closerthan ten feet from the rear property line. If the rear of the lots abutany other residential zoning district, the rear building setback shallhave a minimum depth of 20 feet.(vi) Width of lot. Interior lots shall have a minimum width of 25 feet.Corner lots shall have a minimum width of 40 feet except where therear lot line of a corner lot coincides with a side lot line of an adjacentlot, then the corner lot shall have a minimum width of 50 feet.U:\Pianninq\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'.Pianning\Zoning Ordinance\loning revisions~ Page180

)Zoning Ordinance- effective Nov. B, 2006MU-8(vii) Lot depth. 100 feet.(viii) Lot area per family. 2,500 square feet.(~) Common open space. A minimum of 250 square feet ofcommon open space per lot shall be provided within the townhouseproject. In computing the required common open space, individuallyowned townhouse lots, required front, rear, or side setbacks, streets,alleys, or public rights-of-way of any kind, vehicular drives, parkingareas, service drives, or utility easements containing or permittingoverhead pole carried service shall not be included. Drainageeasements and detention ponds may be used in computing commonopen space.(ix) Building group. There shall be no less than five lots. There shallbe no less than two nor more than eight individual dwelling units ineach building or dwelling group. Each building group shall be at least20 feet from any other building group, measured from the nearestpoints of their foundations. Each building or building group shall be atleast 20 feet from any subdivision or zoning district boundary line.--_j(xi) Accessory buildings. Any detached accessory buildingspermitted, except carports open on at least two sides, shall be set atleast three feet away from the side lot line unless their walls areequal in fire resistance to the common walls of the main structure.Detached carports, open on at least two sides, may be built to theproperty line with no common wall required. Rear building setbackfor an accessory building shall be three feet. Any accessory buildingpermitted in district "R-1" shall be permitted in district "TH."(xij) Parking. There shall be at least two off-street parking spaces foreach townhouse. See Section 5.1 for other permitted uses' parking.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:\PiaRAiAQIZGAiAg OrdiAaAsel£eAiAg revisieAs~ Page1B1)

)Zoning Ordinance- effective Nov. 8, 2006C-1A3.4-12. "C-1A" neighborhood business district.Purpose. This district is established to provide office, business and professional services,and light retail and commercial uses to serve adjacent neighborhoods. The uses found inthe neighborhood business district are generally clustered at major intersections ofcollector streets near the perimeters of residential neighborhoods. No major shopping oroffice centers are included in this district. No use that is noxious or offensive by reason ofvibration, noise, odor, dust, smoke or gas shall be included in this district. The followingregulations shall apply in all "C-1A" districts:(a) Authorized uses. Uses permitted by right shall.be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureAssisted living facility/retirement homeBed and breakfast inn (see Sec. 5.5)Community home (see definition)HospiceNon-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)Amusement devices/arcade (four or more devices)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAuto leasingAuto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Bakery (retail)Bank, savings and loan, or credit unionBars and taverns (no outdoor music)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBingo facilityBook bindingBook storeCafeteria I cafe I delicatessenCampers' suppliesCatererCemetery and/or mausoleum)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQIZ9AiA!I OFdiAaAGeiZ9AiAg revisi9AS~ Page182

)Zoning Ordinance- effective Nov. 8, 2006C-1A--jCheck cashing serviceChild day care/children's nursery (business)Church/place of religious assemblyCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Coffee shopCommunication equipment - installation and/or repairComputer and electronic salesComputer repairConfectionery store (retail)Consignment shopContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store without gas salesCredit agencyCurio shopsCustom work shopsDepartment storeDrapery shop I blind shopDrug sales/pharmacyElectrical repair shopElectrical substationFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)FloristFood or grocery store without gasoline sales (50,000 sq. ft. orless)Frozen food storage for individual or family useGarden shops and greenhousesGolf course (public or private)Governmental building or use (state!feeemlly awned anaaperatee)Greenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHospital, rehabilitationKiosk (providing a retail service)Laundromat and laundry pickup stationsLaundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLocksmithMartial arts schoolM~o~nioipal ~o~se mvnee ar aperatee by the oily af Nev .. Bra~o~nfels,inol~o~ein!OJ librariesMuseumNeedlework shopU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'PiaRRiRgiZeRiRQ GrdiRaRse\ZeRiRQ re•1isieRs~ Page183)

)Zoning Ordinance- effective Nov. 8, 2006C-1ANursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services- including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (private or public)Park and/or play€Jrmmd (putllis)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure I public garagePawn shopPet shop I supplies (10,000 sq. ft. or less)Photographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nurseryPlant nursery (retail sales I outdoor storage)Public recreation/services building for public park/playgroundareasQuick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRecreation buildings (private)Recreation buildings (public)Recycling kioskRefreshmenVbeverage standRestaurantRestauranVprepared food sales with drive throughsRetail store and shopping center with drive throughservicewithoutari'le lhru servise (50,000 sq. ft. bldg. or less)Retirement home I home for the agedSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation companyShoe repair shopsShopping centerSpecialty shops in support of project guests and touristsStudios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTelemarketing agencyTelephone exchange buildings (office only)Theater (non-motion picture; live drama)Tool rentalTravel agency)U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaRRiROIZaRiAg OFiliAaAseiZaAiRQ Fe•JisiaRs~ Page184)

)Zoning Ordinance- effective Nov. 8, 2006C-1ATr~o~ek !iJamen (no retail sales)University or college (public or private)Vacuum cleaner sales and repairVeterinary hospital (no outside animal runs or kennels)Video rental/ salesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Height. 35 feet.(2) Front building setback. 25 feet.--j(3) Side building setback. No side building setback is required exceptthat where a side line of a lot in this district abuts upon the side line of alot in any residential zone, a side building setback of not less than sixfeet shall be provided.!&_Residential/nonresidential garage setback. Where a driveway islocated in front of a garage, the garage shall be setback 20 feet from theright-of-way or the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanging into theright-of-way, if the garage door is closed. (See illustration 8 in Sec. 5.1-1)(§4) Rear building setback. 20 feet.(§&) Residential setback. Effective November 8, 2006, where anybuilding abuts a one or two family use or zoning district, the setback fromthe one or two family property line shall be at least 20 feet plus one footfor each foot of building height over 20 feet.(Ze) Width of lot. 60 feet.(.!}7) Comer lots. Buildings on corner lots shall have 15-foot side buildingsetbacks adjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings on cornerlots shall have 25-foot side building setbacks adjacent to the streetwhere the rear lines of the corner lots coincide with the side lot lines ofthe adjacent lots. Where a minimum 25-foot setback is required, acanopy at least eight feet in height, attached to the main building, may bebuilt within 15 feet of the property line so long as such construction willnot obstruct the vision of vehicular or pedestrian traffic.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiR~IZeRiR~ OraiRaRse\ZeRiR~ re•JisieRs~ Page185)

)Zoning Ordinance- effective Nov. 8, 2006C-1A(23) Lot depth. 100 feet.(109) Parking. See Section 5.1 for permitted uses' parking.(110) Size. Any building on a lot shall be 50,000 square feet or less insize.)U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:\PiaAAiAQIZ9AiAQ OFdiAaAsel.ZeAiAQ FevisieAs~ Page186)

)Zoning Ordinance- effective Nov. 8, 2006 C-183.4-13. "C-1 B" general business district.Purpose. The general business district is established to provide areas for a broad rangeof office and retail uses. This district should generally consist of retail nodes locatedalong or at the intersection of major collectors or thoroughfares to accommodate hightraffic volumes generated by general retail uses. The following regulations shall apply inall "C-1 B" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows( 1) Uses permitted by rightResidential uses:Accessory building/structureAssisted living facility/retirement homeBed and breakfast inn (see Sec. 5.5)Community home (see definition)HospiceNon-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)All terrain vehicle (A TV) dealer I salesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors)Amusement services or venues (outdoors)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAthletic fieldsAuction sales (non-vehicle)Auto body repair, garages (see Sec. 5.1 0)Auto glass repair/tinting (see Sec. 5.1 0)Auto interior shop I upholstery (see Sec. 5.10)Auto leasingAuto muffler shop (see Sec. 5.1 0)Auto or trailer sales rooms or yards ((see Sec. 5.11)Auto or truck sales rooms or yards - primarily New (see Sec.5.11)Auto paint shop (see Sec. 5.1 0)Auto repair as an accessory use to retail sales (see Sec. 5.1 0)Auto repair garage (general) (see Sec. 5.1 0)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgiZeRiRg OFdiRaRseiZeRiRg FevisieRs~ Page187)

)Zoning Ordinance- effective Nov. 8, 2006C-18Auto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or creditBar/TavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBilliard I pool facilityBingo facilityBio-medical facilitiesBook bindingBook storeBowling alley/center (see Sec. 5.12)Broadcast station (with tower) (see Sec. 5.6)Bus barns or lotsBus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCar wash (self service; automated)Car wash, full service (detail shop)Carpenter, cabinet, or pattern shopsCarpet cleaning establishmentsCatererCemetery and/or mausoleumCheck cashing serviceChild day care/children's nursery (business)Church/place of religious AssemblyCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Club (private)Coffee shopCommercial amusement concessions and facilitiesCommunication equipment- installation and/or repairComputer and electronic salesComputer repairConfectionery store (retail)Consignment shopContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesCen·.'enience stare witheut gas salesCountry club (private)Credit agencyCurio shopsCustom work shopsDance hall/ dancing facility (see Sec. 5.12))U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgl8miAg OrdiAaAse\ZeAiAg reuisieAs~ Page188

)Zoning Ordinance -effective Nov. B, 2006C-18Day campDepartment storeDrapery shop I blind shopDriving rangeDrug sales/pharmacyElectrical repair shopElectrical substationExterminator serviceFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFood or grocery store with or without gasoline salesreec:l er !Jrooery stare witheut !jaseline salesFraternal organization/civic club (private club)Frozen food storage for individual or family useFuneral home/mortuaryFurniture sales (indoor)Garden shops and greenhousesGolf course (public or private)Golf course (miniature)Governmental l:luilc:lin!J or use (state/fiaAAiRg'.leAiAg Or~iAaAGeiZeAiAg re•1isieAs~ Page189)

)Zoning Ordinance- effective Nov. 8, 2006 C-18Mini-warehouse/self storage units (no outside boat and RVstorage permitted)Motion picture studio, commercial filmMotion picture theater (indoors)Motion picture theater (outdoors, drive-in)Motorcycle dealer (primarily new I repair)Moving storage companyMllnioiJlal llse owneEl or OJlerateEl by the City of Ne'l•' Brallnfels,inolllElinglibrariesMuseumNeedlework shopNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (public or private)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure I public garagePawn shopPersonal watercraft sales (primarily new I repair)Pet shop I supplies (10,000 sq. ft. or less)Pet store (more than 10,000 sq. ft.)Photographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nurseryPlant nursery (retail sales I outdoor storage)Plumbing shopPortable building salesPublic recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor InspectionRadio/television shop, electronics, computer repairRecreation buildings (private)Recreation buildings (public)Recycling kioskRefreshment/beverage standResearch lab (non-hazardous)RestaurantRestaurant/prepared food salesRetail store and shopping center (rnore than §0,000 sq. fl. biElg.))U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:lf:!faAAiAgiZeAiAg OrdiAaAse\ZeAiAg revisieAs~ Page190

)Zoning Ordinance- effective Nov. 8, 2006 C-18Retail stare anel shelllliR!J oenter 'Nithe~o~t EIFi'le thru servioe_ __________(§0,000 sq. ft. 91Eig. erJ!leFe less) _____________ ______ --(Formatted: Not Highlight ~Retirement home/home for the aged -- - ------RV parkRV/travel trailer salesSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation company (with outside storage)Shoe repair shopsShooting gallery- indoor (see Sec. 5.12)Shopping centerSign manufacturing/painting plantSpecialty shops in support of project guests and touristsStorage- exterior storage for boats and recreational vehiclesStudio for radio or television (without tower)Studios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTattoo or body piercing studioTaxidermistTelemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoors)Tool rentalTe~o~rist se~o~rtTravel agencyTr~o~sk !JarEien (ne retail sales)University or college (public or private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVehicle storage facilitvVeterinary hospital (no outside animal runs or kennels)Video rental/ salesWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWholesale sales offices and sample roomsWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZoRiRg OrdiRaRse\ZoRiRg re•JisioRs~ Page191)

)Zoning Ordinance- effective Nov. 8, 2006 C-18(1) Height. 75 feet.(2) Front building setback. 25 feet.(3) Side building setback. No side building setback is required exceptthat where a side line of a lot in this district abuts upon the side line of alot in any residential zone, a side building setback of not less than sixfeet shall be provided.(4) Comer lots. Buildings on comer lots shall have 15-foot side buildingsetbacks adjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings on comerlots shall have 25-foot side building setbacks adjacent to the streetwhere the rear lines of the corner lots coincide with the side lot lines ofthe adjacent lots. Where a minimum 25-foot setback is required, acanopy at least eight feet in height, attached to the main building, may bebuilt within 15 feet of the property line so long as such construction willnot obstruct the vision of vehicular or pedestrian traffic.@...Garage setback. Where a driveway is located in front of a garage, thegarage shall be setback 20 feet from the right-of-way or the driveway tothe garage shall be at least 20 feet long to provide enough space for avehicle to park without overhanging into the right-of-way, if the garagedoor is closed. (See illustration 8 in Sec. 5.1-1)(§&) Residential setback. Effective November 8, 2006, where anybuilding abuts a one or two family use or zoning district, the setback fromthe one or two family property line shall be at least 20 feet plus one footfor each foot of building height over 20 feet.)(Ze) Rear building setback. 20 feet.(!F) Width of lot. 60 feet.(~8) Lot depth. 100 feet.(109) Parking. See Section 5.1 for permitted uses' parking.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxld:'Pianning@ning Orllinanse@ning revisions~ Page192

Zoning Ordinance- effective Nov. B, 2006C-2A3.4-14. "C-2A" central business district.Purpose. This high density mixed use district is intended for central business district(CBD) uses. Any expansion of the existing "C-2" zoning would be limited to thosechanging areas that abut the core CBD. The following regulations shall apply in all "C-2A"districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structure (see Sec. 5.2)Bed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCabin or cottage, either separate or connected, for rental totourists or vacationers, but shall not include mobile homes,recreational vehicles or RV parks or mobile homecommunities (parks)Community home (see definition)Dormitory (in which individual rooms are for rental)Duplex I two-family I duplex condominiumsHospiceMultifamily (apartments/condominiums)Rental or occupancy for less than one month (see Sec. 5.16)Residential use in buildings with the following non-residentialusesNon-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)All terrain vehicle (A TV) dealer I salesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAuto body repair, garages (see Sec. 5.1 0)Auto leasingAuto or trailer sales rooms or yards (see Sec. 5.11)Auto or truck sales rooms or yards - primarily new (see Sec.5.11)U:\Pianninq\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRg 0f9iRaRGe\ZeRiRg M"isieRs2Q.1.4..doo Page 193)

)Zoning Ordinance- effective Nov. 8, 2006C-2AAuto repair as an accessory use to retail sales (see Sec. 5.1 0)Auto repair garage (general) (see Sec. 5.1 0)Auto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or credit unionBar/TavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBilliard I pool facilityBingo facilityBio-medical facilitiesBlacksmith or wagon shopsBook bindingBook storeBowling alley/center (see Sec. 5.12)Broadcast station (with tower) (see Sec. 5.6)Bus barns or lotsBus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCar wash (self service; automated)Car wash, full service (detail shop)Carpenter, cabinet, or pattern shopsCatererCemetery and/or mausoleumCheck cashing serviceChild day care/children's nursery (business)Church/place of religious assemblyCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Club (private)Coffee shopCommercial amusement concessions and facilitiesCommunication equipment - installation and/or repairComputer and electronic salesComputer repairConfectionery store (retail)Consignment shopContractor's office/sales, with outside storage including vehiclesContractor's temporary on-site construction office (only withpermit from building official; see Sec. 5.9)Convenience store with gas salesConvenience store without gas salesCredit agencyCurio shops)U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:\PiaRRiRg\leRiRg GF

)Zoning Ordinance- effective Nov. 8, 2006C-2A--~, ICustom work shopsDance hall/ dancing facility (see Sec. 5.12)Day campDepartment storeDrapery shop I blind shopDrug sales/pharmacyElectrical repair shopElectrical substationExterminator serviceFarmers market (produce market- wholesale)Farms, general (crops) (see chapter 6, municipal code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFood or grocery store with gasoline salesFood or grocery store without gasoline salesFraternal organization/civic club (private club)Frozen food storage for individual or family useFuneral home/mortuaryFurniture sales (indoor)Garden shops and greenhousesGolf courseGolf course (miniature)Governmental building or use (state/feeerally e•.vne€1 anaeperate€1)Greenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHeavy load (farm) vehicle sales/repair (see Sec.5.13)HeliportHome repair and yard equipment retail and rental outletsHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels- extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)Kiosk (providing a retail service)Laundromat and laundry pickup stationsLaundry, commercial (w/o self serve)Laundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLimousine I taxi serviceLocksmithMaintenance/janitorial serviceMajor appliance sales (indoor)Martial arts schoolMedical supplies and equipmentU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRg OrdiRaRGe\ZeRiRg re'lisieRs~ Page195)

Zoning Ordinance- effective Nov. 8, 2006C-2AMicro brewery (onsite manufacturing and sales)Mini-warehouse/self storage units (no outside boat and RVstorage permitted)Motion picture studio, commercial filmMotion picture theater (indoors)Motorcycle dealer (primarily new I repair)Moving storage companyMlolnioif:Jal lolse awnea ar Gf:Jeratea ey the City af New Bralolnfels,insllolain!l lierariesMuseumNeedlework shopNursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services- including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (public or private)Park ana/ar f:Jiay!jrGloiRS (f:JloiBiiG)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure I public garagePawn shopPet shop I supplies (10,000 sq. ft. or less)Pet store (more than 10,000 sq. ft.)Photographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nurseryPlant nursery (retail sales I outdoor storage)Plumbing shopPropane sales (retail)Public recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRecreation buildings (private)Recreation buildings (public)Refreshment/beverage standResearch lab (non-hazardous)RestaurantRestaurant/prepared food salesRetail store and shopping center withalol! a rive thrlol service(50,000 sq. ft. bldg. or less)Retirement home I home for the agedU:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:\PiaRRiRH\Z9RiRH GHliRaRse\,ZQRiAH revisisRs~ Page196

)Zoning Ordinance- effective Nov. 8, 2006C-2A-jRV/travel trailer salesSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation companyShoe repair shopsShopping centerSpecialty shops in support of project guests and touristsStorage in bulkStudio for radio or television (without tower)Studios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTaxidermistTelemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoors)Tool rentalTourist courtTravel agencyTruck garden, •...,ith retail salesTruck or transit terminalUniversity or college (public and private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVeterinary hospital (no outside animal runs or kennels)Video rental/ salesWaterfront amusement facilities -swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWholesale sales offices and sample roomsWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. 75 feet.(ii) Front building setback. No building setback required.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaARiR!JIZ9RiR!J OrdiRBAGeiZ9RiR!J reuisieAs~ Page197)

)Zoning Ordinance -effective Nov. B, 2006C-2A(iii) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines of thecorner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lots coincidewith the side lot lines of the adjacent lots. Where a minimum 25-footsetback is required, a canopy at least eight feet in height, attached tothe main building, may be built within 15 feet of the property line solong as such construction will not obstruct the vision of vehicular orpedestrian traffic ..(jyLGarage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-way orthe driveway to the garage shall be at least 20 feet long to provideenough space for a vehicle to park without overhanging into theright-of-way, if the garage door is closed. (See illustration 8 in Sec.5.1-1)(iv) Side building setback. No side building setback is requiredexcept that where a side line of a lot in this district abuts upon theside line of a lot in any residential zone, a side building setback ofnot less than six feet shall be provided.(vi) Rear building setback. 20 feet.(vii) Residential setback. Effective November 8, 2006, where a nonresidentialbuilding abuts a one or two family use or zoning district,the setback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(viii) Width of lot. 60 feet.(@tiii) Lot depth. 100 feet.(ix) Parking. See Sec. 5.1.(2) Duplexes.(i) Height. 35 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setback oneach side of a building not less than 5 feet in width. Buildings oncorner lots shall have 15-foot side building setbacks adjacent to thestreet where the rear lot lines of the corner lots coincide with the rearlot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to the street where the rear linesof the corner lots coincide with the side lot lines of the adjacent lots.!iYL Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-way orthe driveway to the garage shall be at least 20 feet long to provideU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiAQ OrdiAaAGeiZeAiAQ re•1isieAs~ Page19B

)Zoning Ordinance- effective Nov. 8, 2006C-2Aenough space for a vehicle to park without overhanging into theright-of-way, if the garage door is closed. (See illustration 8 in Sec.5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60 feetand the minimum width of a corner lot shall be~ 70 feet.(vii) Lot area per family. Duplexes hereafter erected or altered shallhave a lot area of not less than 8,000 square feet for an interior lotand 8,500 square feet for a corner lot. Where public or communitysewer is not available and in use for the disposal of all sanitarysewage, each lot shall provide not less than one acre and approvedby the City Sanitarian.(viii) Lot depth. 1 00 feet.(~) Parking. Two off-street parking spaces shall be provided foreach two-family dwelling unit. See Section 5.1 for other permitteduses' parking.(3) Multifamily dwellings.(i) Height. 45 feet: 60 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. A side building setback of 20 feet shall beprovided. Buildings on corner lots shall have 15-foot side buildingsetbacks adjacent to the street where the rear lot lines of the cornerlots coincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent to thestreet where the rear lines of the corner lots coincide with the side lotlines of the adjacent lots.!Y)_Garage setback. Where a driveway is located in front of a garage,the garage shall be setback 20 feet from the right-of-way or thedriveway to the garage shall be at least 20 feet long to provideenough space for a vehicle to park without overhanging into theright-of-way, if the garage door is closed. (See illustration 8 in Sec.5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoning district,the setback from the one or two family property line shall be at least20 feet plus one foot for each foot of building height over 20 feet.(vii) Parking and accessory uses. Parking may encroach into theinterior side and rear building setback as long as a solid screeningU:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAQI£eAiAQ OrdiAaAsel£eAiAQ revisieAs~ Page199)

)Zoning Ordinance- effective Nov. 8, 2006C-2Afence or wall of six to eight feet in height is erected along the interiorside and rear property lines. Accessory uses such as swimmingpools, tennis courts and playgrounds will not be permitted within anyrequired yard.(viii) Width of lot. The minimum width of an interior lot shall be 60 feetand the minimum width of a corner lot shall be 7-'J 70 feet.(~) Density. 24 units per acre.(ix) Lot area. 20,000 1 a,OOO??? 20,000 square feet.(xi) Lot coverage. The combined area of all yards shall be at least 50percent of the total lot or tract; provided however, that in the eventenclosed or covered parking is provided, the minimum total yardarea requirement shall be 40 percent of the total lot or tract.(xij) Distance between structures. There shall be a minimum of 10feet between structures side by side; a minimum of 20 feet betweenstructures side by front or rear; a minimum of 40 feet betweenstructures front to front; a minimum of 20 feet between structuresbacking rear to rear, and a minimum of 20' between structures frontto rear. (See illustration 1)(xiii) Access to an arterial roadway or state highway required.developments in this district must have direct access to either anarterial roadway or state highway.(xi~ii) Lot depth. 100 feet.)(xiv) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accord withthe following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of age orolder with low or moderate income, according to HUD standards.)See Section 5.1 for other permitted uses' parking.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAg\ZeAiAg OrdiAaAGe\ZeAiAg re•JisieAs~ Page200)

)Zoning Ordinance- effective Nov. 8, 2006C-4A3.4-15. "C-4A" resort commercial district.Purpose. This zoning classification is intended to be developed as resort commercialproperty with the purpose to serve tourists, vacationing public, conference centerattendees, sports related programs and support service facilities including garden office,retail and specialty shops. The following regulations shall apply in all "C-4A" districts:(a) Authorized uses. Uses permitted by right and by special use permit shall bethose set forth in the Land Use Matrix in Section 4 of this Chapter. The alloweduses in the district, which are intended to be identical with those listed in theLand Use Matrix, are as follows(1) Uses permitted by rightResidential uses:Accessory building/structureBed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCabin or cottage, either separate or connected, for rental totourists or vacationersCampgroundCommunity home (see definition)Dormitory (in which individual rooms are for rental)Multifamily (apartments/condominiums)Rental or occupancy for less than one month (see Sec. 5.16)Residential use in buildings with the following non-residentialusesNon-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)All terrain vehicle (A TV) dealer I salesAmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors)Animal grooming shopAnswering and message servicesAntique shopArchery rangeArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAthletic fieldsBakery (retail)Bank, savings and loan, or credit unionBar/Tavern (with no live music)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Bicycle sales and/or repairBilliard/pool facilityU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQI6GAiAg OFdiAaAse>,;1;aAIAg reuisiaAs~ Page201)

)Zoning Ordinance- effective Nov. 8, 2006C-4ABingo facilityBook storeBowling alley/center (see Sec. 5.12)Cafeteria I cafe I delicatessenCampers' suppliesCar wash (self service; automated)Car wash, full service (detail shop)CatererCheck cashing serviceChurch/place of religious assemblyCivic/conference center and facilitiesClub (private)Coffee shopCommercial amusement concessions and facilitiesComputer repairConfectionery store (retail)Contractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesConvenience store without gas salesCountry club (private)Credit agencyCurio shopsDance hall/dancing facilityDay campDriving rangeDrug sales/pharmacyElectrical repair shopFair groundFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Filling station (gasoline tanks must be below ground)FloristFood or grocery store with gasoline salesFood or grocery store without gasoline salesFraternal organization/civic club (private club)Garden shops and greenhousesGolf courseGolf course (miniature)Governmental building or use (state/.feaeFally o·Nnea anaoperates)Greenhouse (commercial)Handicraft shopHealth club (physical fitness; indoors only)Hotel/motelHotels/motels - extended stay (residence hotels)Kiosk (providing a retail service)Laundromat and laundry pickup stationsLaundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Limousine I taxi service)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docx\J:\PiaAAiAQ~eAiAQ OraiAaAse~eAiAQ re•:isieAs~ Page202)

)Zoning Ordinance- effective Nov. 8, 2006C-4ALocksmithMartial arts schoolMicro brewery (onsite manufacturing and/or sales)Motion picture studio, commercial filmMotion picture theater (indoors)Motion picture theater (outdoors, drive-in)Municipal use ewneel er eperateel ey the City ef New Braunfels,inslueling lierariesMuseumNeedlework shopOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services- including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (private)Park and/or playground (public)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure I public garagePawn shopPersonal watercraft sales (primarily new I repair)Photographic studio (no sale of cameras or supplies)Photographic supplyPlant nursery (growing for commercial purposes with retail saleson site)Public recreation/services building for public park/playgroundareasQuick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRappelling facilitiesRecreation buildings (private)Recreation buildings (public)Refreshment/beverage standRestaurantRestaurant/prepared food salesRetail store and shopping center (50,000 sq. ft. bldg. or less)Retail store and shopping center (more than 50,000 sq. ft. bldg.)Rodeo groundsRV parkRV/travel trailer salesSchool, K-12 (public or private)Security monitoring companyShoe repair shopsSpecialty shops in support of project guests and touristsU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgl2:eRiRQ OFdiRaRGeiZ:eRiRQ re"isieRs~ Paqe203)

)Zoning Ordinance- effective Nov. B, 2006C-4AStudios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shop (see home occupation)Tattoo or body piercing studioTelemarketing agencyTennis court (commercial)Theater (non-motion picture; live drama)Tool rental (indoor storage only)To~o~rist so~o~rtTravel agencyTr~o~sk gar=8en, with retail salesUniversity or college (public or private)Video rental/ salesWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesWaterfront amusement facilities - boat landing piers I launchingrampsWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemAny comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1 ), the uses listed in thissubsection shall be deemed those authorized in the district.)(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. 75 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. No side building setback is requiredexcept that where a side line of a lot in this district abuts uponthe side line of a lot in any residential zone, a side buildingsetback of not less than six feet shall be provided.(iv) Rear building setback. 20 feet.(v) Residential setback. Effective November 8, 2006, where anon-residential building abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaRRiAgli:eRiRg OraiRaRGeli:eAiAg revisieAs~ Paqe204}

)Zoning Ordinance- effective Nov. 8, 2006C-4A(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 72 feet.(vii) Lot depth. 100 feet.(viii) Parking. See Sec. 5.1.(2) Cabins and cottages (separate or connected).(i) Height. 75 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than ~ five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lines of the corner lots coincide with theside lot lines of the adjacent lots.@)_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be ~ 70 feet.(vii) Sanitary facilities. Each rental unit shall be provided with anindividual enclosed space for sanitation, accessible from withinthe living unit, in which shall be located a water closet furnishedwith cold water, and a lavatory and bathtub or shower furnishedwith hot and cold water.(viii) Lot depth. 100 feet.(~) Parking.1. One-bedroom unit ... 1 1/2 spaces2. Two-bedroom unit ... 2 spaces3. Each additional bedroom ... 1/2 space(3) Multifamily dwellings.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OrdiAaAseiZeAiAg re'lisieAs~ Page205)

)Zoning Ordinance -effective Nov. 8, 2006C-4A(i) Height. 45 feet: 60 feet when a pitched roof is used (minimum4:12 slope).(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. A side building setback of 20 feet shallbe provided. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots.M__Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover20feet.(vii) Parking and accessory uses. Parking may encroach into theinterior side and rear building setback as long as a solidscreening fence or wall of six to eight feet in height is erectedalong the interior side and rear property lines. Accessory usessuch as swimming pools, tennis courts and playgrounds will notbe permitted within any required yard.)(viii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be +:l 70 feet.(~) Density. 24 units per acre.(ix) Lot area. 2Q,QQQ 15.000??? 20.000 square feet.(xi) Lot coverage. The combined area of all yards shall not beless than 50 percent of the total lot or tract; provided however,that in the event enclosed or covered parking is provided, theminimum total yard area requirement shall be 40 percent of thetotal lot or tract.(xij) Distance between structures. There shall be a minimum of10 feet between structures side by side; a minimum of 20 feetbetween structures side by front or rear; a minimum of 40 feetbetween structures front to front; a minimum of 20 feet betweenU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaRRiR~IZaRiR~ OrEiiRaRGe\ZaRing re•Jisians~ Paqe206)

)Zoning Ordinance- effective Nov. 8, 2006C-4Astructures backing rear to rear, and a minimum of 20' betweenstructures front to rear. (See illustration 1)(xiii) Access to an arterial roadway or state highway required.Developments in this district must have direct access to either anarterial roadway or state highway.(xiy_ii) Lot depth. 100 feet.(xlv) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards.)See Section 5.1 for other permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaRAiRgiZeAiAg GFdiAaAseiZeAiAQ Fe\•isieAs:!Q.1..1.,Qoo Page 207)

)Zoning Ordinance- effective Nov. 8, 2006 C-483.4-16. "C-48" resort facilities district.Purpose. This zoning classification is applicable to land not fronting on, or having accessto, rivers and streams such as the Comal River, Comal Springs, and Guadalupe River. Itapplies to land, ten acres and greater, developed as resort commercial property with thepurpose to serve tourists, vacationing public, conference center attendees, sports relatedprograms and support service facilities including garden office, retail and specialty shops.The primary reason for classification of these uses separately from standard commercialuses is to allow recognition of their individual characteristics and to call attention to theirinfluence on the economic base of the community. The following regulations shall applyin all "C-4B" districts:Rezoning to this district shall not be allowed after the effective date of thisordinance.(a) Authorized uses. Uses permitted are as follows:Uses permitted by rightResidential uses:Cottages or cabins, either separate or connected for rental totourists, vacationers, or attendees of conferences or plannedprograms, but shall not include mobile homes or mobile homecommunities (parks)Dormitory (in which individual rooms are for rental)Multifamily (apartments/condominiums)Residential use in buildings with the following non-residentialusesNon-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAll terrain vehicle (A TV) dealer/salesAmphitheaters (outdoor live performances)Amusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors, excluding outdoorfirearms ranges, car and motorbike tracks)Animal grooming shopAnswering and message servicesAntique shopArchery rangeArmed services recruiting centerArt dealer/galleryArtist or artisans studioAssembly/exhibition hall or areasAthletic fieldsBakery (retail)Bank, savings and loan, or credit unionBar/TavernBarber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Bed and breakfast inn (see sec. 5.5)Bicycle sales and/or repairU:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'.PiaAAiAg\ZemiAg OrdiAaAse\ZeAiAg re•JisieAs~ Paqe208

)Zoning Ordinance- effective Nov. 8, 2006C-48Billiard/pool facilityBingo facilityBoarding house/lodging houseBook storeBowling alley/center (see Sec. 5.12)Cafeteria/cafe/delicatessenCampers' suppliesCampgroundCatererCheck cashing serviceChurch/place of religious assemblyCivic/conference center and facilitiesClub (private)Coffee shopCommercial amusement concessions and facilitiesCommunity home (see definition)Computer repairConfectionery store (retail)Contractor's temporary on-site construction officeConvenience store with gas salesConvenience store without gas salesCountry club (private)Credit agencyCurio shopsDance hall/dancing facility (see Sec. 5.12)Day campDrug sales/pharmacyElectrical repair shopFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Filling station (gasoline tanks must be below ground)FloristFood or grocery store with gasoline salesFood or grocery store without gasoline salesFraternal organization/civic club (private club)Garden shops and greenhousesGolf course (public or private)Governmental building or use (statel.feaerally owRea aRaeperatea)Greenhouse (commercial)Handicraft shopHealth club (physical fitness; indoors only)Hotel/motelHotels/motels- extended stay (residence hotels)Indoor or covered sports facilitiesKiosks (providing a retail service)Laundromat and laundry pickup stationsLaundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)LocksmithMartial arts schoolU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU :\PiaRRiR~IZaRiR~ OF~iRaRGe\ZaRiR~ re•JisiaRs~ Page209)

)Zoning Ordinance- effective Nov. 8, 2006C-48Micro brewery (onsite mfg. &and/or sales)Motion picture studio, commercial filmMotion picture theater (indoors)Motion picture theater (outdoor, drive-in)Municipal use ovme

)Zoning Ordinance- effective Nov. 8, 2006C-48Tennis court (commercial)Travel agencyTr~o~ok !iJarEien (no retail sales)University or college (public or private)Video rental/salesWaterfront amusement facilities - swimming/wading pools/bathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemAny comparable business or use not included in or excluded fromany other district described herein.(b) Maximum height, minimum area and setback requirements:(1) Height. 75 feet.(2) Front building setback. 25 feet.(3) Side building setback. There shall be a side building setback on eachside of a building not less than &DE five feet in width. Buildings on cornerlots shall have 15-foot side building setbacks adjacent to the streetwhere the rear lot lines of the corner lots coincide with the rear lot lines ofthe adjacent lots. Buildings on corner lots shall have 25-foot side buildingsetbacks adjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots.14l.Garage setback. Where a driveway is located in front of a garage, thegarage shall be setback 20 feet from the right-of-way or the driveway tothe garage shall be at least 20 feet long to provide enough space for avehicle to park without overhanging into the right-of-way, if the garagedoor is closed. (See illustration 8 in Sec. 5.1-1)(§4) Rear building setback. 20 feet.@a) Width of lot. The minimum width of an interior lot shall be 60 feetand the minimum width of a corner lot shall be 1!J 70 feet.(Ze) Sanitary facilities. Each rental or permanent dwelling unit shall beprovided with an individual enclosed space for sanitation, accessiblefrom within the living unit, in which shall be located a water closetfurnished with cold water, and a lavatory and bathtub or showerfurnished with hot and cold water.(§.7) Commercial use structures not used for human habitation:(a) Front building setback. 25 feet.(b) Side building setback. No side building setback is requiredexcept that where a side line of a lot in this district abuts uponthe side line of a lot in any residential zone, a side buildingsetback of not less than six feet shall be provided.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAg~sAiAg OrniAaAGe~sAiAg FB'IisisAs~ Page211)

Zoning Ordinance- effective Nov. 8, 2006 C-48(c) Rear building setback. 20 feet.(d) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 72 feet.ms) Distance between structures. There shall be a minimum of 10 feetbetween structures side by side; a minimum of 20 feet betweenstructures side by front or rear; a minimum of 40 feet between structuresfront to front; and a minimum of 10 feet between structures backing rearto rear. (See illustration 2)(109) Residential setback. Effective November 8, 2006, where anybuilding abuts a one or two family use or zoning district, the setback fromthe one or two family property line shall be at least 20 feet plus one footfor each foot of building height over 20 feet.(11G) Parking. See Section 5.1 for other permitted uses' parking.)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PiaRAiAijiZOAiAO OrdiAaRGe\ZoAiAO re•JisieAs~ Page212)

)Zoning Ordinance- effective Nov. 8, 2006 C-03.4-17 "C-0" Commercial office district.Purpose. The commercial office district is established to create a mixed use district ofprofessional offices and residential use. The regulations set forth in this article areintended to encourage adaptive reuse of buildings or new office developments of thehighest character in areas that are compatible and sensitive to the surroundings andensure historic integrity. Such uses should not generate excess additional traffic oraccess problems.(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by right-jlResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, no kitchen)Bed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCommunity home (see definition)Dormitory (in which individual rooms are for rental)Duplex I two-family I duplex condominiumsHospiceHUD code-manufactured home (see See. 9.7)HUD code-manufactured home subdivisions (see See. §.7)Multifamily (apartments/condominiums)One family dwelling, detachedResidential use in buildings with the following non-residentialusesSingle family industrialized home (see Sec. 5.7)Townhouse (attached)Zero lot line I patio homesNon-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Answering and message servicesAntique shop (household items)Armed services recruiting centerArt dealer I galleryArtist or artisan's studioBakery (retail)Bank, savings and loan, or credit unionBarber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Book storeCemetery and/or mausoleumCheck cashing serviceChurch/place of religious assemblyClinic (dental)Clinic (emergency care)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxlJ:lPiaAAiAgl£eAiAg 0FdiAaAsel£eAiAg revisieAs~ Page213)

)Zoning Ordinance- effective Nov. 8, 2006C-0Clinic (medical)Coffee shopCommunity building (associated with residential uses)Confectionery store (retail)Contractor's temporary on-site construction office (only withpermit from building official)Credit agencyElectrical substationFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Garden shops and greenhousesGolf course (public or private)Governmental building or use (statelfeEieFally ewneEI anEIeJleFateEI)Kiosk (providing a retail service)Laundry/dry cleaning (drop off/pick up)LocksmithMunisiJlal use ewneEI eF eJleFateEI ey the City ef New BFaunfels,insluEiin!J li9FaFiesNeedlework shopOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesPark and/or playground (private or public)PaFk anEI!eF Jllay!JmunEI (Jluelis)Photographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPublic recreation/services building for public park/playgroundareasRecreation buildings (public)Research lab (non-hazardous)Retirement home/home for the aged - publicSchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring company (no outside storage or installation)Shoe repair shopsTelemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Travel agencyTFusk !JaFEiens, with retail sales)U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRQ\;1;9RiRQ 0FaiRaRse\;1;eRiAQ FevisieRs~ Page214

)Zoning Ordinance- effective Nov. 8, 2006 C-0University or college (public or private)Water storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemAny comparable business or use not included in or excluded fromany other district described herein.(2) Conflict. In the event of conflict between the uses listed in the Land UseMatrix and those listed in subsection (1), the uses listed in this subsectionshall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements.(1) Non-residential uses.(i) Height. 35 feet.(ii) Front building setback. 15 feet.(iii) Side building setback. A side building setback of not lessthan s»E five feet shall be provided for a single story building orstructure in which there are no openings to the side yard. Aminimum 10 foot side building setback shall be provided for asingle story building or structure with openings to the side yard.(iv) Rear building setback. 20 feet.(v) Residential setback. Effective November 8, 2006, where anon-residential building abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vi) Width of lot. 60 feet.(vii) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street except when abuttingany residential district where the side building setback shall thanbecome a minimum of 25-feet.(viii) Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(ilrliii) Parking. See Sec. 5.1 for permitted uses' parking.(2) One family dwellings:(i) Height. 35 feet.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZc:miRg OFdiRaRse\ZQRiRg revisieRs~ Page215)

Zoning Ordinance- effective Nov. 8, 2006 C-0(ii) Front building setback. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than five feet in width.Buildings on corner lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lotscoincide with the rear lot lines of the adjacent lots. Buildings oncorner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lines of the corner lots coincide with theside lot lines of the adjacent lots.(iv) Rear building setback. 20 feet.(v) Width of lot. The minimum width of an interior lot shall be 4a60 feet and the minimum width of a corner lot shall be a& 70 feet.(vi) Lot area per family. Every single-family dwelling hereaftererected or altered shall provide a lot area of not less than 6,600square feet per dwelling for interior lots, and 7,000 square feetper dwelling for corner lots, provided that where a lot has lessarea than herein required and such lot was in separateownership prior to September 25, 1967, this requirement will notprohibit the erection of a one-family dwelling. Where public orcommunity sewer is not available and in use for the disposal ofall sanitary sewage, each lot shall provide not less than one halfacre not located over the recharge zone and one acre locatedover the recharge zone.)(3) Duplexes.(vii) Parking. Two off-street parking spaces shall be provided foreach one family detached dwelling. See Section 5.1 for otherpermitted uses' parking.(i) Height. 35 feet.(ii) Front yards. 25 feet.(iii) Side building setback. There shall be a side building setbackon each side of a building not less than 5 feet in width. Buildingson corner lots shall have 15-foot side building setbacks adjacentto the street where the rear lot lines of the corner lots coincidewith the rear lot lines of the adjacent lots. Buildings on corner lotsshall have 25-foot side building setbacks adjacent to the streetwhere the rear lines of the corner lots coincide with the side lotlines of the adjacent lots.fu}_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhangingU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiR~\ZeRiR~ OrdiRaRGeiZ9Rin~ re•JisieRs20-1-1.deG Page 216

)Zoning Ordinance- effective Nov. B, 2006 C-0into the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 20 feet.(vi) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 70 feet.(vii) Lot area per family. Duplexes hereafter erected or alteredshall have a lot area of not less than 8,000 square feet for aninterior lot and 8,500 square feet for a comer lot. Where a publicor community sewer is not available and in use for the disposalof all sanitary sewage, each lot shall provide not less than oneacre and approved by the City Sanitarian.(viii) Parking. Two off-street parking spaces shall be provided foreach two-family dwelling unit. See Section 5.1 for other permitteduses' parking.(4) Multifamily dwellings.(i) Height. 4~5 feet: 50 feet when a pitched roof is used(minimum 4:12 slope).(ii) Front building setback. 25 feet.(iii) Rear building setback. 25 feet.(iv) Side building setback. A side building setback of 20 feet shallbe provided. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots.M_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Parking and accessory uses. Parking may encroach into theinterior side and rear building setback as long as a solidscreening fence or wall of six to eight feet in height is erectedalong the interior side and rear property lines. Accessory usesU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\F'IaRRiRQIZ9RiRQ OFdiRaRse\ZeRiRQ FeuisieRs~ Page217)

)Zoning Ordinance- effective Nov. 8, 2006 C-0such as swimming pools, tennis courts and playgrounds will notbe permitted within any required yard.(viii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be n 70 feet.(@fiii) Density. 24 units per acre.(ix) Lot area. ~ 1 e.QQQ?? 20.000 square feet.(xi) Lot coverage. The combined area of all yards shall not beless than 50 percent of the total lot or tract; provided however,that in the event enclosed or covered parking is provided, theminimum total yard area requirement shall be 40 percent of thetotal lot or tract.(xii) Distance between structures. There shall be a minimum of10 feet between structures side by side; a minimum of 20 feetbetween structures side by front or rear; a minimum of 40 feetbetween structures front to front; and a minimum of 20 feetbetween structures backing rear to rear. (See illustration 2)(xiii) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 11/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards. )See Section 5.1 for other permitted uses' parking.(5) Townhouses.(i) Height. 35 feet.(ii) Front building setback. 10 feet. If front entry garages/carportsare provided, a minimum front yard of 20 feet shall be providedto the garage/carport.(iii) Side building setback. No side building setbacks are requiredfor interior lots except the minimum distance between twobuilding groups shall be 20 feet and the minimum distanceU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQIZ9AiAg OFlliAaAse\ZeAiA!J re•JisieAs~ Page218

)Zoning Ordinance- effective Nov. 8, 2006 C-0between a building group and any abutting subdivision boundaryor zoning district boundary line shall be 20 feet. Buildings oncorner lots shall have 15-foot side building setbacks adjacent tothe street, except where the rear lot line of a corner lot coincideswith a side lot line of an adjacent lot, then 25-foot minimum sideyards adjacent to the street shall be provided.ili!)_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. No building shall be constructedcloser than ten feet from the rear property line. If the rear of thelots abut any other residential zoning district, the rear buildingsetback shall have a minimum depth of 20 feet.(vi) Width of lot. Interior lots shall have a minimum width of 25feet. Corner lots shall have a minimum width of 40 feet exceptwhere the rear lot line of a corner lot coincides with a side lot lineof an adjacent lot, then the corner lot shall have a minimum widthof 50 feet.(vii) Lot depth. 1 00 feet.(viii) Lot area per family. 2,500 square feet.(~) Common open space. A minimum of 250 square feet ofcommon open space per lot shall be provided within thetownhouse project. In computing the required common openspace, individually owned townhouse lots, required front, rear, orside setbacks, streets, alleys, or public rights-of-way of any kind,vehicular drives, parking areas, service drives, or utilityeasements containing or permitting overhead pole carriedservice shall not be included. Drainage easements and detentionponds may be used in computing common open space.(ix) Building group. There shall be no less than two nor morethan eight individual dwelling units in each building or dwellinggroup. Each building group shall be at least 20 feet from anyother building group, measured from the nearest points of theirfoundations. Each building or building group shall be at least 20feet from any subdivision or zoning district boundary line.(xi) Accessory buildings. Any detached accessory buildingspermitted, except carports open on at least two sides, shall beset at least three feet away from the side lot line unless theirwalls are equal in fire resistance to the common walls of themain structure. Detached carports, open on at least two sides,may be built to the property line with no common wall required.Rear building setback for an accessory building shall be threeU:\Pianninq\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAg\Z

)Zoning Ordinance- effective Nov. 8, 2006 C-0feet. Any accessory building permitted in district "R-1" shall bepermitted in district ''TH."(xiD Parking. There shall be at least two off-street parking spacesfor each townhouse. See Section 5.1 for other permitted uses'parking.(6) Zero lot line I patio homes.(i) Height. 35 feet.(ii) Front building setback. 1 0 feet. If front entry garages/carportsare provided, a minimum front yard of 20 feet shall be providedto the garage/carport.(iii) Side building setback. There shall be no side buildingsetback required on one side of the lot and a minimum of 10 feetin the opposite side yard. If the side of the lot abuts any otherresidential zoning district, that side building setback shall have aminimum of ten feet. The dwelling on the "no side buildingsetback required" side may be off-set from the property line byno more than one foot.(iv) Comer lots. Buildings on comer lots shall provide a minimumexterior side building setback of 10 feet. If entry to agarage/carport is provided on the exterior side, a minimum yardof 20 feet shall be provided to the garage/carport.\)(v) Rear building setback. If rear entry garages/carports areprovided from an alley, the rear building setback shall have aminimum depth of 20 feet. If no alley is provided andgarage/carport entries are from the front, the rear buildingsetback shall have a minimum depth of 10 feet. If the rear of thelots abut any other residential zoning district, the rear buildingsetback shall have a minimum depth of 20 feet.(vi) Width of lot. 40 feet.(vii) Lot area. 4,000 square feet.(viii) Lot depth. 1 00 feet.(ix) Minimum area zoned. Not less than three lots with commonside lot lines will be zoned for zero lot line homes. When facingon the same street within the same block, mixing of ZHstructures and other residential structures will not be allowed.However, this does not preclude other residential uses on oneside of a street with ZH uses on the opposite side of the streetwithin the same block or different blocks.(x) Zero lot line wall. No door or window openings shall be builtinto the side wall facing the zero lot line except those that areU:\Pianning\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianning\lening Or~inanse\lening revisiens~ Page220}

)Zoning Ordinance- effective Nov. 8, 2006 C-0more than three feet from the property line and screened by amasonry wall at least eight feet in height so that the opening(s) isnot visible from the adjoining property. (See illustration 3, "ZH-A"district)(xi) Maintenance, drainage and overhang easement. Amaintenance, drainage and overhang easement of five feet shallbe provided on each lot that is adjacent to a lot with a zerosetback allowance. This easement shall be for the purpose ofmaintaining the wall and foundation that is adjacent to one sideproperty line to provide for proper maintenance and drainage.(xii) Overhang. Eaves and gutters may overhang the zero lot lineside of the lot by no more than 18 inches. If there is an overhangover the lot line, a gutter is required such that roof runoff shallnot be deposited over the lot line onto adjoining property.(xiii) Parking. There shall be at least two off-street parkingspaces for each zero lot line home. See Section 5.1 for otherpermitted uses' parking.(c) Parking and off-street loading requirements. The parking requirements for thepermitted uses described herein are outlined in Section 5.1. In the case of mixeduses, i.e., residential and commercial, the parking requirements shall be additive.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiA~IZaAiA~ GrdiAaAGeiZaAiA~ re•lisieAs~ Page221)

)Zoning Ordinance- effective Nov. 8, 2006M-1A3.4-18. "M-1A" light industrial district.Purpose. The M-1A light industrial district is intended primarily for the conduct of lightmanufacturing, assembling and fabrication activities, distribution, and for warehousing,research and development, wholesaling and service operations that do not typicallydepend upon frequent customer or client visits. Such uses generally require accessibilityto major thoroughfares, major highways, and/or other means of transportation. Thefollowing regulations shall apply in all "M-1A" districts:(a) Authorized uses. Uses permitted by right shall be those set forth in the LandUse Matrix in Section 4 of this Chapter. The allowed uses in the district, whichare intended to be identical with those listed in the Land Use Matrix, are asfollows(1) Uses permitted by rightResidential uses:Accessory building/structureBed and breakfast inn (see Sec. 5.5)Boardinghouse/lodging houseCommunity home (see definition)Dormitory (in which individual rooms are for rental)Multifamily (apartments/condominiums- at least five units)Residential use in buildings with the following non-residentialusesNon-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)Aircraft support and related servicesAirportAll terrain vehicle (A TV) Dealer I SalesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArchery rangeArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAthletic fieldsAuction sales (non-vehicle)Auto body repair, garages (see Sec. 5.1 0)Auto glass repair/tinting (see Sec. 5.10)Auto interior shop I upholstery (see Sec. 5.1 0)Auto leasing)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQIZ9AiAQ Or9iAaAGBIZ9AiAg re•tisieAs~ Page222

)Zoning Ordinance -effective Nov. 8, 2006M-1AAuto muffler shop (see Sec. 5.1 0)Auto or trailer sales rooms or yards (see Sec. 5.11)Auto or truck sales rooms or yards - primarily new (see Sec.5.11)Auto paint shopAuto repair as an accessory use to retail salesAuto repair garage (general) (see Sec. 5.1 0)Auto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or credit unionBar/TavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBilliard I pool facilityBio-medical facilitiesBlacksmith or wagon shopsBook bindingBook storeBottling or distribution plants (milk)Bottling worksBowling alley/center (see Sec. 5.12)Broadcast station (with tower) (see Sec. 5.6)Bus barns or lotsBus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCar wash (self service; automated)Car wash, full service (detail shop)Carpenter, cabinet, or pattern shopsCarpet cleaning establishmentsCatererCemetery and/or mausoleumCheck cashing serviceChemical laboratories (not producing noxious fumes or odors)Church/place of religious assemblyCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)Clinic (dental)Clinic (emergency care)Clinic (medical)Club (private)Coffee shopCold storage plantCommercial amusement concessions and facilitiesCommunication equipment - installation and/or repairCommunity building (associated with residential use)Computer and electronic salesComputer repairU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQ~AiAQ OrdiAaAseiZaAiAQ fS"isiaAs~ Page223)

)Zoning Ordinance- effective Nov. 8, 2006M-1AConfectionery store (retail)Consignment shopContractor's office/sales, with outside storage including vehiclesContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesCon·.•enience store without !jas salesCredit agencyCurio shopsCustom work shopsDance hall/ dancing facility (see Sec. 5.12)Day campDepartment storeDrapery shop I blind shopDriving rangeDrug sales/pharmacyElectrical repair shopElectrical substationElectronic assembly/high tech manufacturingElectroplating worksEngine repair/motor manufacturing re-manufacturing and/orrepairExterminator serviceFair groundFarmers market (produce market- wholesale)Farms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFood or grocery store with gasoline salesFood or grocery store without gasoline salesFood processing (no outside public consumption)Forge (hand)Forge (power)Fraternal organization/civic club (private club)Freight terminal, rail/truck (when any storage of freight is outsidean enclosed building)Freight terminal, truck (all storage of freight in an enclosedbuilding)Frozen food storage for individual or family useFuneral home/mortuaryFurniture manufactureFurniture sales (indoor)Galvanizing worksGarden shops and greenhousesGolf course (public or private)Golf course (miniature)Governmental building or use (stateJ.fe€lerally owne€1 an€!OJ)erate€1)Greenhouse (commercial)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxY:',PiaAAiAg\ZaAiAg OFdiAaAGe\ZaAiAg re•JisiaAs2lJ.1..1...Goo Page 224

)Zoning Ordinance- effective Nov. 8, 2006M-1A-jHandicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHeavy load (farm) vehicle sales/repair (see Sec. 5.13)HeliportHome repair and yard equipment retail and rental outletsHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels - extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)Ice plantsIndustrial laundriesKiosk (providing a retail service)Laboratory equipment manufacturingLaundromat and laundry pickup stationsLaundry, commercial (w/o self serve)Laundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLeather products manufacturingLight manufacturingLimousine I taxi serviceLocksmithLumberyard (see Sec. 5.14)Lumberyard or building material sales (see Sec. 5.14)Machine shopMaintenance/janitorial serviceMajor appliance sales (indoor)Manufactured home salesManufacturing and processesMarket (public, flea)Martial arts schoolMedical supplies and equipmentMetal fabrication shopMicro brewery (onsite manufacturing and/or sales)Mini-warehouse/self storage units (no outside boat and RVstorage permitted)Mini-warehouse/self storage units with outside boat and RVstorageMotion picture studio, commercial filmMotion picture theater (indoors)Motion picture theater (outdoors, drive-in)Motorcycle dealer (primarily new I repair)Moving storage companyMoving, transfer, or storage plantMunioi13al use o'.'meEI or 013erateEI ey the City of New Braunfels,inoluEling lierariesMuseumNeedlework shopNon-bulk storage of gasoline, petroleum products and liquefiedpetroleumU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZsAiAQ OrdiAaAse\ZsAiAQ re•JisisAs~ Page225)

Zoning Ordinance- effective Nov. 8, 2006M-1ANursing/convalescent home/sanitariumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services- including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesOutside storage (as primary use)Park and/or playground (private)Park and/or playground (public)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure I public garagePawn shopPersonal watercraft sales (primarily new I repair)Pet shop I supplies (10,000 sq. ft. or less)Pet store (more than 10,000 sq. ft.)Photo engraving plantPhotographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nurseryPlant nursery (growing for commercial purposes with retail saleson site)Plastic products molding/reshapingPlumbing shopPortable building salesPropane sales (retail)Public recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRappelling facilitiesRecreation buildings (private)Recreation buildings (public)Recycling kioskRefreshment/beverage standResearch lab (non-hazardous)RestaurantRestaurant/prepared food salesRetail store and shopping center (more than 50,000 sq. ft. bldg.)Retail store and shopping center ·.vitheut aFive thru service(50,000 sq. ft. bldg. or less)Rodeo groundsRV parkRV/travel trailer salesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRQ OrdiRaRse\ZeRiRQ revisieRs~ Page226

)Zoning Ordinance- effective Nov. 8, 2006M-1ASchool, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation companySheet metal shopShoe repair shopsShooting gallery - indoor (see Sec. 5.12)Shopping centerSign manufacturing/painting plantSpecialty shops in support of project guests and touristsStorage - exterior storage for boats and recreational vehiclesStorage in bulkStudio for radio or television (with tower) (see Sec. 5.6)Studios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shopTattoo or body piercing studioTaxidermistTelemarketing agencyTelephone exchange (office and other structures)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoor)Tool rentalTOI:IFist 60I:IrtTransfer station (refuse/pick-up)Travel agencyTFI:Iek !jaraeR ~Nitl:l retail sales)Truck or transit terminal (with outside storage)University or college (public or private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVeterinary hospital (FIG-with or without outside animal runs orkennels) with the exception that outdoor kennels may not beused between the hours of 9:00 p.m. and 7:00 a.m. and areprohibited adjacent to residentialVeteriRary l:los13ital (witl:l o~:~tEloor aRimal FI:IRS or keRRels)Video rental/ salesWarehouse I office and storage I distribution centerWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesWaterfront amusement facilities - boat landing piers/launchingrampsWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRAiAQI£eAiAQ OrdiAaAGe\ZeAiRQ reuisieAs~ Page227)

)Zoning Ordinance- effective Nov. B, 2006M-1AWelding shopWholesale sales offices and sample roomsWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein, provided that such use is notnoxious or offensive by reason of vibration, noise, odor, dust, smokeorgas.(2) Only the following manufacturing and processes are permitted whenthey meet the following requirements:No use is permitted that would emit or cause radiation, dust, odor,smoke, gas or fumes objectionable to persons of ordinary sensitivity orreasonably hazardous to health, beyond the boundary property lines ofthe lot or tract upon which the use is located, and which do not generatenoise or vibration at the boundary of the M-1A district which is generallyperceptible in frequency or pressure above the ambient level of noise inthe adjacent areas.Assaying worksCooperage worksFoundries (iron, brass, bronze, aluminum).Hides and skins (storage and curing).Manufacture of adding machines, cash registers, typewriters,basket material, boxes, electric lamps, clay, shale and glassproducts, cutlery tools, bicycles, electrical machinery, tools,fiberglass products, and piping subassembliesMetal stamping, shearing, punching, forming, cutting, cleaning,heat treating, etc.Sheet metal shopsWelding(3) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. 120 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. No side building setback is required.(iv) Corner lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PiaRRiAgiZeRiRg OrdiRaRse\ZeRiAg mvisieAs~ Page22B

)Zoning Ordinance -effective Nov. 8, 2006M-1Aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.M_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Where a non-residential building abuts aone or two family use or zoning district, the setback from theresidential property line shall be at least 20 feet plus one foot foreach foot of building height over 20 feet.(vii) Rear building setback. 20 feet.(viii) Width of lot. 60 feet.(~) Lot depth. 1 00 feet.(ix) Parking. See Sec. 5.1 for permitted uses' parking.(2) Multifamily dwellings.(i) Height. 315 feet: 60 feet when a pitched roof is used(minimum 4:12 slope).(ii) Front building setback. 25 feet.(iii) Side building setback. A side building setback ~ five feetshall be provided. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots.llJ!LGarage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 25 feet.(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'Pianning\ZGning Orainans~ening Fe\!isiens~ Page229)

Zoning Ordinance- effective Nov. B, 2006M-1Abe at least 20 feet plus one foot for each foot of building heightover20feet.(vii) Accessory uses. Accessory uses such as swimming pools,tennis courts and playgrounds will not be permitted within anyrequired yard.(viii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be 72 feet.(il!viii) Density. 24 units per acre.(ix) Lot area. 2Q,ggg 1 a.QQQ??? 20,000 square feet.(xi) Lot coverage. The combined area of all yards shall be atleast 50 percent of the total lot or tract; provided however, that inthe event enclosed or covered parking is provided, the minimumtotal yard area requirement shall be 40 percent of the total lot ortract.(xij) Distance between structures. There shall be a minimum of10 feet between structures side by side; a minimum of 20 feetbetween structures side by front or rear; a minimum of 40 feetbetween structures front to front; and a minimum of 20 feetbetween structures backing rear to rear, and a minimum of 20feet between structures front to rear. (See illustration 1)(xili) Minimum number of units. Five.(xiyi) Parking. For apartments, apartment hotel units and othermultifamily dwellings, off-street parking spaces shall be providedin accord with the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low incomeelderly occupancy ... 3/4 space("Low income elderly" is defined as any person 55 yearsof age or older with low or moderate income, accordingto HUD standards. )See Section 5.1 for other permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiR!J OFdiRaRse\ZeRiA!J Fe'JisieRs~ Page230

)Zoning Ordinance- effective Nov. 8, 2006M-2A3.4-19. "M-2A" heavy industrial district.Purpose. The M-2A heavy industrial district is intended primarily for the conduct of heavymanufacturing, assembling and fabrication activities that do not typically depend uponfrequent customer or client visits. Such uses generally require accessibility to majorthoroughfares, major highways, and/or other means of transportation such as therailroad. The following regulations shall apply in all "M-2A" districts:(a) Authorized uses. Uses permitted by right and by special use permit shall bethose set forth in the Land Use Matrix in Section 4 of this Chapter. The alloweduses in the district, which are intended to be identical with those listed in theLand Use Matrix, are as follows(1) Uses permitted by rightResidential uses:Accessory building/structureCommunity home (see definition)Multifamily (apartments/condominiums- at least five units)Residential use in buildings with the following non-residentialuses-~Non-residential uses:Accounting, auditing, bookkeeping, and tax preparationsAdult day care (no overnight stay)Adult day care (with overnight stay)Aircraft support and related servicesAirportAll terrain vehicle (A TV) dealer I salesAmbulance service (private)AmphitheaterAmusement devices/arcade (four or more devices)Amusement services or venues (indoors) (see Sec. 5.12)Amusement services or venues (outdoors)Animal grooming shopAnswering and message servicesAntique shopAppliance repairArchery rangeArmed services recruiting centerArt dealer I galleryArtist or artisan's studioAssembly/exhibition hall or areasAthletic fieldsAuction sales (non-vehicle)Auto body repair, garages (see Sec.5.1 0)Auto glass repair/tinting (see Sec.5.0)Auto interior shop I upholstery (see Sec.5.1 0)Auto leasingAuto muffler shop (see Sec.5.10)Auto or trailer sales rooms or yards (see Sec.5.11)Auto or truck sales rooms or yards - primarily new (see Sec.5.11)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:lF'IaAAiAQ\Z9AiAQ OFdiAaAse\ZeRiAQ FBIIisieAs20-1-1-.00G Page 231)

)Zoning Ordinance- effective Nov. 8, 2006M-2AAuto paint shopAuto repair as an accessory use to retail sales (see Sec.1 0)Auto repair (general) (see Sec.1 0)Auto supply store for new and factory rebuilt partsAuto tire repair /sales (indoor)Automobile driving school (including defensive driving)Bakery (retail)Bank, savings and loan, or credit unionBarffavernBarber/beauty college (barber or cosmetology school or college)Barber/beauty shop, haircutting (non-college)Barns and farm equipment storage (related to agricultural uses)Battery charging stationBicycle sales and/or repairBilliard I pool facilityBio-medical facilitiesBlacksmith or wagon shopsBlooming or rolling millsBook bindingBook storeBottling or distribution plants (milk)Bottling worksBowling alley/center (see Sec. 5.12)Breweries/distilleries and manufacture of alcohol and alcoholicbeveragesBroadcast station (with tower) (see Sec. 5.6)Bus barns or lotsBus passenger stationsCafeteria I cafe I delicatessenCampers' suppliesCanning/preserving factoriesCar wash (self service; automated)Car wash, full service (detail shop)Carpenter, cabinet, or pattern shopsCarpet cleaning establishmentsCatererCemetery and/or mausoleumCheck cashing serviceChemical laboratories (e.g., ammonia, bleaching powder)Chemical laboratories (not producing noxious fumes or odors)Church/place of religious assemblyCider millsCivic/conference center and facilitiesCleaning, pressing and dyeing (non-explosive fluids used)Club (private)Coffee shopCold storage plantCommercial amusement concessions and facilitiesCommunication equipment- installation and/or repairCommunity building (associated with residential uses)Computer and electronic salesComputer repairConcrete or asphalt mixing plants- permanent\)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianning\Zoning OFdinanse\Zoning re•Jisions~ Page232

)Zoning Ordinance- effective Nov. 8, 2006M-2AConcrete or asphalt mixing plants -temporaryConfectionery store (retail)Consignment shopContractor's office/sales, with outside storage including vehiclesContractor's temporary on-site construction office (only withpermit from Building Official; see Sec. 5.9)Convenience store with or without gas salesCen• .. eniense stare witheut gas salesCotton ginning or baling worksCredit agencyCurio shopsCustom work shopsDance hall/ dancing facility (see Sec. 5.12)Department storeDrapery shop I blind shopDriving rangeDrug sales/pharmacyElectrical generating plantElectrical repair shopElectrical substationElectronic assembly/high tech manufacturingElectroplating worksEnameling worksEngine repair/motor manufacturing re-manufacturing and/orrepairExterminator serviceFair groundFarms, general (crops) (see Chapter 6, Municipal Code and Sec.5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Codeand Sec. 5.8)Feed and grain storeFilling station (gasoline tanks must be below the ground)FloristFlour mills, feed mills, and grain processingFood or grocery store with gasoline salesFood or grocery store without gasoline salesFood processing (no outside public consumption)Forge (hand)Forge (power)Fraternal organization/civic club (private club)Freight terminal, rail/truck (when any storage of freight is whollyoutside an enclosed building)Freight terminal, truck (all storage of freight in an enclosedbuilding)Frozen food storage for individual or family useFuneral home/mortuaryFurniture manufactureFurniture sales (indoor)Galvanizing worksGarden shops and greenhousesGolf courseGolf course (miniature)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgiZeRiRg Or9iRaRseiZ9RiRg revisieAs~ Page233)

)Zoning Ordinance- effective Nov. 8, 2006M-2AGovernmental building or use (state/.fec,leFally e'NRec,l aRc,!ef)eFatec,l)Grain elevatorGreenhouse (commercial)Handicraft shopHardware storeHealth club (physical fitness; indoors only)Heating and air-conditioning sales I servicesHeavy load (farm) vehicle sales/repair (see Sec.5.13)Heavy manufacturingHeliportHides/skins (tanning)Home repair and yard equipment retail and rental outletsHospital, general (acute care/chronic care)Hospital, rehabilitationHotel/motelHotels/motels - extended stay (residence hotels)Ice delivery stations (for storage and sale of ice at retail only)Ice plantsIndustrial laundriesKiosk (providing a retail service)Laboratory equipment manufacturingLaundromat and laundry pickup stationsLaundry, commercial (w/o self serve)Laundry/dry cleaning (drop off/pick up)Laundry/washateria (self serve)Lawnmower sales and/or repairLeather products manufacturingLight manufacturingLimousine I taxi serviceLivestock sales/auctionLocksmithLumberyard (see Sec. 5.14)Lumberyard or building material sales (see Sec. 5.14)Machine shopMaintenance/janitorial serviceMajor appliance sales (indoor)Manufactured home salesManufacturing and processesMarket (public, flea)Martial arts schoolMeat or fish packing/storage plantsMedical supplies and equipmentMetal fabrication shopMicro brewery (onsite manufacturing and/or sales)Mini-warehouse/self storage units (no outside boat and RVstorage permitted) ·Mini-warehouse/self storage units with outside boat and RVstorageMotion picture studio, commercial filmMotion picture theater (indoors)Motion picture theater (outdoors, drive-in)Motorcycle dealer (primarily new I repair)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU :'PiaAAiA~IZeAiA~ OFdiAaAGeiZeAing FOVisieAs~ Page234

)Zoning Ordinance- effective Nov. 8, 2006M-2AMoving storage companyMoving, transfer, or storage plantMtmicipal ~:~se ownel'l or operatel'l tly the City of ~lew Bra~:~nfels,inci~:~Elin€J lillrariesMuseumNeedlework shopNon-bulk storage of gasoline, petroleum products and liquefiedpetroleumOffices, brokerage servicesOffices, business or professionalOffices, computer programming and data processingOffices, consultingOffices, engineering, architecture, surveying or similarOffices, health servicesOffices, insurance agencyOffices, legal services - including court reportingOffices, medical officesOffices, real estateOffices, security/commodity brokers, dealers, exchanges andfinancial servicesOutside storage (as primary use)Paint manufacturingPark and/or playground (private)Park and/or playground (public)Parking lots (for passenger car only) (not as incidental to themain use)Parking structure I public garagePawn shopPersonal watercraft sales (primarily new I repair)Pet shop I supplies (10,000 sq. ft. or less)Pet store (more than 10,000 sq. ft.)Photo engraving plantPhotographic printing/duplicating/copy shop or printing shopPhotographic studio (no sale of cameras or supplies)Photographic supplyPlant nurseryPlant nursery (growing for commercial purposes with retail saleson site)Plastic products molding/reshapingPlumbing shopPortable building salesPoultry killing or dressing for commercial purposesPropane sales (retail)Public recreation/services building for public park/playgroundareasPublishing/printing company (e.g., newspaper)Quick lube/oil change/minor inspectionRadio/television shop, electronics, computer repairRappelling facilitiesRecreation buildings (private)Recreation buildings (public)Recycling kioskRefreshment/beverage standU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docx"J:lPiaRRiRg\ilmiRg OraiRaRse\ZeRiRg reuisieRs~ Page235)

)Zoning Ordinance- effective Nov. 8, 2006M-2AResearch lab (non-hazardous)RestaurantRestauranVprepared food salesRetail store and shopping center (more than 50,000 sq. ft. bldg.)Retail store and shopping center without Elri\'e thru servise(50,000 sq. ft. bldg. or less)Rodeo groundsRV parkRV/travel trailer salesSand/gravel sales (storage or sales)School, K-12 (public or private)School, vocational (business/commercial trade)Security monitoring companySecurity systems installation company (with outside storage)Sheet metal shopShoe repair shopsShooting gallery- indoor (see Sec. 5.12)Shopping centerSign manufacturing/painting plantSpecialty shops in support of project guests and touristsStone/clay/glass manufacturingStorage - interior and exterior storage for boats and recreationalvehiclesStorage in bulkStudio for radio or television (with tower) (see Sec. 5.6)Studios (art, dance, music, drama, reducing, photo, interiordecorating, etc.)Tailor shop (see home occupation)Tattoo or body piercing studioTaxidermistTelemarketing agencyTelephone exchange buildings (office only)Tennis court (commercial)Theater (non-motion picture; live drama)Tire sales (outdoors)Tool rentalTourist courtTransfer station (refuse/pick-up)Travel agencyTruck garElen, with retail salesTruck or transit terminal (with outside storage)University or college (public or private)Upholstery shop (non-auto)Used or second hand merchandise/furniture storeVacuum cleaner sales and repairVeterinary hospital (oowith or without -outside animal runs orkennels) with the exception that outdoor kennels may not beused between the hours of 9:00 p.m. and 7:00 a.m. and areprohibited adjacent to residentialVeterinary hospital (with eutEleor animal runs or kennels)Video rental/ salesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRijiZaRiRij OrdiRaRseiZaRing re•JisiaRs~ Page236

)Zoning Ordinance- effective Nov. 8, 2006M-2AWarehouse I office and storage I distribution centerWaterfront amusement facilities - berthing facilities sales andrentalsWaterfront amusement facilities - boat fuel storage I dispensingfacilitiesWaterfront amusement facilities - boat landing piers I launchingrampsWaterfront amusement facilities - swimming I wading pools IbathhousesWater storage (surface, underground or overhead), water wellsand pumping stations that are part of a public or municipalsystemWelding shopWholesale sales offices and sample roomsWoodworking shop (ornamental)Any comparable business or use not included in or excluded fromany other district described herein, provided that such use is notobnoxious or offensive by reason of vibration, noise, odor, dust,smoke or gas.--j(2) Any other uses not now or hereinafter prohibited by ordinance of theCity of New Braunfels regulating nuisances, except that the followinguses will be permitted only by approval of the City Council after reportfrom the Health Department, Fire Department, and PlanningCommission:Acid manufacture.Auto wrecking yards.Bulk storage of gasoline, liquefied petroleum and flammableliquids.Cement, lime, gypsum or plaster of Paris manufacture.Distillation of bones.Explosives manufacture or storage.Fertilizer manufacture and storage.Garbage, offal or dead animal reduction or dumping.Gas manufacture.Iron and steel manufacture.Junkyards, including storage, sorting, baling or processing ofrags.Manufacture of carbon batteries.Manufacture of paint, lacquer, oil, turpentine, varnish, enamel,etc.Manufacture of rubber, glucose, or dextrin.Monument or marble works.Oil compounding and barreling plants.Paper or pulp manufacture.Petroleum or its products (refining of).Railroad roundhouses or shops.Rock crushers.Smelting of tin, copper, zinc or iron ores.Steel furnaces.Stockyards or slaughtering.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiA~IZaAiA~ Or~iAaAse\ZeAiA~ revisieAs~ Page237)

Zoning Ordinance- effective Nov. B, 2006M-2AStructural iron or pipe works.Sugar refineries.Tar distillation or manufacture.Tar products.Wire or rod mills.Wood distillation plants (charcoal, tar, turpentine, etc.).Wool scouring.(3) Conflict. In the event of conflict between the uses listed in the LandUse Matrix and those listed in subsection (1), the uses listed in thissubsection shall be deemed those authorized in the district.(b) Maximum height, minimum area and setback requirements:(1) Non-residential uses.(i) Height. 120 feet.(ii) Front building setback. 25 feet.(iii) Side building setback. No side building setback is required.(iv) Comer lots. Buildings on corner lots shall have 15-foot sidebuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots. Where aminimum 25-foot setback is required, a canopy at least eight feetin height, attached to the main building, may be built within 15feet of the property line so long as such construction will notobstruct the vision of vehicular or pedestrian traffic.M_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(vi) Residential setback. Where a non-residential building abuts aone or two family use or zoning district, the setback from theresidential property line shall be at least 20 feet plus one foot foreach foot of building height over 20 feet.(vii) Rear building setback. 20 feet.(viii) Width of lot. 60 feet.(~) Lot depth. 100 feet.(ix) Parking. See Sec. 5.1. for permitted uses' parking.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQIZ9AiAQ OraiAaAseiZeAiAQ revisieAs~ Page238

)Zoning Ordinance- effective Nov. 8, 2006M-2A(2) Residential.(i) Height. 45 feet. or 60 feet when a pitched roof is used (min.4:12 slope)7(ii) Front building setback. 25 feet.(iii) Side building setback. A side building setback of &ilE five feetshall be provided. Buildings on corner lots shall have 15-footbuilding setbacks adjacent to the street where the rear lot lines ofthe corner lots coincide with the rear lot lines of the adjacent lots.Buildings on corner lots shall have 25-foot side building setbacksadjacent to the street where the rear lines of the corner lotscoincide with the side lot lines of the adjacent lots.ili1_Garage setback. Where a driveway is located in front of agarage, the garage shall be setback 20 feet from the right-of-wayor the driveway to the garage shall be at least 20 feet long toprovide enough space for a vehicle to park without overhanginginto the right-of-way, if the garage door is closed. (See illustration8 in Sec. 5.1-1)(iv) Rear building setback. 25 feet.(vi) Residential setback. Effective November 8, 2006, where amultifamily dwelling abuts a one or two family use or zoningdistrict, the setback from the one or two family property line shallbe at least 20 feet plus one foot for each foot of building heightover 20 feet.(vii) Accessory uses. Accessory uses such as swimming pools,tennis courts and playgrounds will not be permitted within anyrequired yard.(viii) Width of lot. The minimum width of an interior lot shall be 60feet and the minimum width of a corner lot shall be n 70 feet.(Qiviii) Density. 24 units per acre.(ix) Lot area. 2Q,OO{) 15,000??? 20.000 square feet.(xi) Lot coverage. The combined area of all yards shall be atleast 50 percent of the total lot or tract; provided however, that inthe event enclosed or covered parking is provided, the minimumtotal yard area requirement shall be 40 percent of the total lot ortract.(xij) Distance between structures. There shall be a minimum of10 feet between structures side by side; a minimum of 20 feetbetween structures side by front or rear; a minimum of 40 feetbetween structures front to front; and a minimum of 20 feetU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxl.l:'PiaAAiAQ~AiAQ OrdiAaAse\ZaAiAQ F9"isiaAs~ Page239)

)Zoning Ordinance- effective Nov. 8, 2006M-2Abetween structures backing rear to rear, and a minimum of 20feet between structures front to rear. (See illustration 1)(xiii) Minimum number of units. 5(xiy_ii) Parking.For apartments, apartment hotel units and other multifamilydwellings, off-street parking spaces shall be provided in accordwith the following schedule:1. One-bedroom apartment or unit ... 1 1/2 spaces2. Two-bedroom apartment or unit ... 2 spaces3. Each Additional bedroom ... 1/2 space4. Each dwelling unit provided exclusively for low income elderlyoccupancy ... 3/4 space("Low income elderly" is defined as any person 55 years of ageor older with low or moderate income, according to HUDstandards.)See Section 5.1 for other permitted uses' parking.'\)U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:'PianAiAijiZeAiAij OFainanse\ZaniA!l re>Jisiens~ Page240

)Zoning Ordinance -effective Nov. 8, 2006PDD3.5 Planned Development Districts.3.5-1 Purpose: The planned development district is a free-standing district designed toprovide for the development of land as an integral unit for single or mixed uses inaccordance with a plan that may vary from the established regulations of other zoningdistricts. It is the intent in such a district to insure compliance with good zoning practiceswhile allowing certain desirable departures from the strict provisions of specific zoningclassifications.3.5-2 Application: An application for a planned development district shall be processed inaccordance with this Chapter. A pre-planning conference is required between theapplicant and the Planning Director prior to the actual filing of the application.3.5-3 Base District. A base zoning district shall be specified. The regulations in the basezoning district shall control unless specifically stated otherwise in the PD.3.5-4 District plans and requirements: There are two types of plans that may be used inthe planned development process. The general purpose and use of each plan isdescribed as follows:(a) Concept plan. This plan is intended to be used as the first step in the planneddevelopment process. It establishes the most general guidelines for the districtby identifying the land use types, development standards, approximate roadlocations and project boundaries and illustrates the integration of these elementsinto a master plan for the whole district.(b) Detail plan. The detail plan is the final step of the planned developmentprocess. It contains the details of development for the property. For smaller tractsor where final development plans are otherwise known, the detail plan may beused to establish the district and be the only required step in the planneddevelopment process.3.5-5 Concept plan requirements: Said concept plan shall include the following:(a) Relation to the comprehensive plan. A general statement setting forth how theproposed district will relate to the city's comprehensive plan and the degree towhich it is or is not consistent with that plan and the proposed base zoningdistrict.(b) Acreage. The total acreage within the proposed district.(c) Survey. An accurate survey of the boundaries of the district.(d) Land uses. Proposed general land uses and the acreage for each use,including open space. For residential development, the total number of units andthe number of units per acre.(e) General thoroughfare layout. Proposed streets, as a minimum to arterialstreet level. (Showing collector and local streets is optional.)(f) Development standards. Development standards, if different from the basezoning district, for each proposed land use, as follows:U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRg\ZeRiRg OraiRaRse\;!;eRiRg re•JisieRs~ Page241)

)Zoning Ordinance- effective Nov. 8, 2006POD(1) Minimum lot area.(2) Minimum lot width and depth.(3) Minimum front, side, and rear building setback areas.(4) Maximum height of buildings.(5) Maximum building coverage.(6) Maximum floor to area ratios for nonresidential uses.(7) Minimum parking standards for each general land use.(8) Other standards as deemed appropriate.(g) Existing conditions. On a scaled map sufficient to determine detail, thefollowing shall be shown for the area within the proposed district.(1) Topographic contours of ten feet or less.(2) Existing streets.(3) Existing 1 00-year floodplain, floodway and major drainage ways.(4) City limits and E.T.J. boundaries.(5) Zoning districts within and adjacent to the proposed district.(6) Land use.(7) Utilities, including water, wastewater and electric lines.3.5-6 Detail plan requirements: The application for a planned development district shallinclude a detail plan consistent with the concept plan. Said detail plan shall include thefollowing:(a) Acreage. The acreage in the plan as shown by a survey, certified by aregistered surveyor.(b) Land uses. Permitted uses, specified in detail, and the acreage for each use.(c) Off-site information. Adjacent or surrounding land uses, zoning, streets,drainage facilities and other existing or proposed off-site improvements, asspecified by the department, sufficient to demonstrate the relationship andcompatibility of the district to the surrounding properties, uses, and facilities.(d) Traffic and transportation. The location and size of all streets, alleys, parkinglots and parking spaces, loading areas or other areas to be used for vehiculartraffic; the proposed access and connection to existing or proposed streetsadjacent to the district; and the traffic generated by the proposed uses.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:lPiaRRiRgiZaRiRO OrdiRaRse\ZaRiAO Fe•tisiaRs~ Page242)

Zoning Ordinance- effective Nov. B, 2006POD(e) Buildings. The locations, maximum height, maximum floor area and minimumsetbacks for all nonresidential buildings.(f) Residential development. The numbers, location, and dimensions of the lots,the minimum setbacks, the number of dwelling units, and number of units peracre (density).(g) Water and drainage. The location of all creeks, ponds, lakes, floodplains orother water retention or major drainage facilities and improvements.(h) Utilities. The location and route of all major sewer, water, or electrical linesand facilities necessary to serve the district.(i) Open space. The approximate location and size of greenbelt, open, common,or recreation areas, the proposed use of such areas, and whether they are to befor public or private use.0) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian orbicycle use.(k) If multifamily or non-residential development, a landscape plan.A detailed plan, with all of the information required of a concept plan, may be submitted inlieu of a concept plan.3.5-7 Phasing schedule: PD districts larger than 350 acres shall provide a phasingschedule depicting the different construction phases.3.5-8 Approval of district: The City Council may, after receiving a recommendation fromthe Planning Commission, approve by Ordinance the creation of a district based upon aconcept plan or a detail plan. The approved plan shall be made part of the ordinanceestablishing the district. Upon approval said change shall be indicated on the zoningmaps of the city.The development standards and requirements including, but not limited to, maximumheight, lot width, lot depth, floor area, lot area, setbacks and maximum off-street parkingand loading requirements for uses proposed shall be established for each planneddevelopment district based upon the particular merits of the development design andlayout. Such standards and requirements shall comply with or be more restrictive thanthe standards established in the base zoning district for the specific type uses allowed inthe district, except that modifications in these regulations may be granted if it shall befound that such modifications are in the public interest, are in harmony with the purposesof this Chapter and will not adversely affect nearby properties.3.5-9 Planning Commission approval of detail plan: The Planning Commission isauthorized to approve a detail plan or the amendment of a detail plan for property forwhich a concept plan has been approved by the City Council. If the City Council initiallyapproved a detail plan in establishing the district, the detail plan may only be amended bythe City Council. The approved detail plan shall be permanently filed in the PlanningDepartment. The Planning Commission shall approve the detail plan if it finds that:(a) Compliance. The plan complies with the concept plan approved for thatproperty and the standards and conditions of the PD district;U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAg~aAiAg OFdiAaAs~aAiAg r-evisiaRs~ Page243)

)Zoning Ordinance- effective Nov. 8, 2006POD(b) Compatibility. The plan provides for a compatible arrangement of buildingsand land uses and would not adversely affect adjoining neighborhood orproperties outside the plan; and(c) Circulation of vehicular traffic. The plan provides for the adequate and safecirculation of vehicular traffic.If no detail plan has been approved for the property within ten years of the date ofapproval of a concept plan, the detail plan must be approved by the City Council, afterreceiving a recommendation from the Planning Commission, after notice and hearing.3.5-10 Expiration of detail plan: A detail plan shall be valid for five years from the date ofits approval. If a building permit has not been issued or construction begun on the detailplan within the five years, the detail plan shall automatically expire and no longer be valid.The Planning Commission may, prior to expiration of the detail plan, for good causeshown, extend for up to 24 months the time for which the detail plan is valid.3.5-11 Appeals from Planning Commission action: If the Planning Commissiondisapproves a detail plan over which it has final approval authority, or imposesconditions, or refuses to grant an extension of time for which a detail plan is valid, theapplicant may appeal the decision to the City Council by filing a written request with thePlanning Director within ten days of the decision.3.5-12 Changes in detail plan: Changes in the detail plan shall be considered the sameas changes in the zoning ordinance and shall be processed as required in Section 2.3.Those changes which do not alter the basic relationship of the proposed development toadjacent property and which do not alter the uses permitted or increase the density, floorarea ratio, height, or coverage of the site, or which do not decrease the off-street parkingratio or reduce the yards provided at the boundary of the site, as indicated on theapproved detail plan, may be authorized by the Planning Director. Any applicant mayappeal the decision of the Planning Director to the Planning Commission for review anddecision as to whether an amendment to the Planned Development District ordinanceshall be required.)3.5-13 Minimum development size: The total initial development of any PlannedDevelopment District shall not be less than two acres for nonresidential developmentsand five acres for residential developments.3.5-14 Deviation from code standards: The City Council may approve a PD concept planwith deviations from any provision in the Code of Ordinances. Such deviations shall belisted or shown as part of the Ordinance that approves the concept plan.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxY:\PiaRRiRgiZGRiRg OrdiRaRGeiZGRiRg re"isieRs2Q.1.4..doo Page 244)

)Zoning Ordinance- effective Nov. 8, 2006SUP3.6 Special Use Permits.3.6-1 Compatible and orderly development. A special use permit may be granted to allowcompatible and orderly development which may be suitable only in certain locations andzoning districts if developed in a specific way or only for a limited period of time.3.6-2. Application processing. Application for a Special Use Permit shall be processed inaccordance with Section 2.1 of this Chapter and shall include the pertinent information asdetermined by the type of Special Use Permit and additional information as determinedby the Planning Director, the Planning Commission or the City Council.Types of Special Use Permit:Type 1. Regulates land use only; does not require specific site plan or schedule.Construction within a Type 1 Special Use Permit will comply with all of thestandard construction requirements for the approved use at the time ofconstruction permit, including drainage plans, TIA, driveway location, andlandscaping.Type 2. Requires a site plan drawn to scale and shall show the arrangement ofthe project in detail, including parking facilities, locations of buildings, uses to bepermitted, landscaping, and means of egress and ingress.--=j3.6-3. Standards. When considering applications for a special use permit, the PlanningCommission in making its recommendation and the City Council in rendering its decisionon the application shall, on the basis of the site plan, if a Type 2, and other informationsubmitted, evaluate the impact of the special use on, and the compatibility of the usewith, surrounding properties and neighborhoods to ensure the appropriateness of the useat a particular location. The Planning Commission and the City Council shall specificallyconsider the extent to which:(a) Comprehensive plan consistency. The proposed use at the specified locationis consistent with the goals, objectives and policies contained in the adoptedComprehensive Plan;(b) Zoning district consistency. The proposed use is consistent with the generalpurpose and intent of the applicable zoning district regulations;(c) Supplemental Standards. The proposed use meets all supplementalstandards specifically applicable to the use as set forth in this Chapter;(d) Character and integrity. The proposed use is compatible with and preservesthe character and integrity of adjacent development and neighborhoods and, asrequired by the particular circumstances.A Type 2 Special Use Permit may include improvements or modifications eitheron-site or within the public rights-of-way to mitigate development-related adverseimpacts, including but not limited to:(1) Adequate ingress and egress to property and proposed structuresthereon with particular reference to vehicular and pedestrian safety andconvenience, and access in case of fire;U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxlJ:'PiaAAiAQIZ9AiAQ OfdiAaAGeiZGAiAQ fB>JisieAs~ Page245)

)Zoning Ordinance- effective Nov. 8, 2006SUP(2) Off-street parking and loading areas;(3) Refuse and service areas;(4) Utilities with reference to location, availability, and compatibility;(5) Screening and buffering, features to minimize visual impacts, and/orset-backs from adjacent uses;(6) Control of signs, if any, and proposed exterior lighting with referenceto glare, traffic safety, economic effect, and compatibility and harmonywith properties in the district;(7) Required yards and open space;(8) Height and bulk of structures;(9) Hours of operation;(1 0) Paving of streets, alleys, and sidewalks,(11) Provisions for drainage,(12) Exterior construction material and building design; and(13) Roadway adjustments, traffic control devices or mechanisms, andaccess restrictions to control traffic flow or divert traffic as may beneeded to reduce or eliminate development-generated traffic onneighborhood streets.(e) Public health, safety, convenience and welfare. The proposed use is notmaterially detrimental to the public health, safety, convenience and welfare, orresults in material damage or prejudice to other property in the vicinity.3.6-4 Procedures for special use permit (SUP). Granting of an SUP is considered zoningand as such, all the procedures for changing a zoning district apply to an application foran SUP. After a public hearing and upon the recommendation of the PlanningCommission, the City Council may approve, deny or modify the site plan and issue aspecial use permit containing such requirements and safeguards as necessary to protectadjoining property, including conditions addressing the standards in Section 3.6-3(d).3.6-5. Revocation. The SUP for a Type 1 permit may be considered for revocation if ause other than the use approved in the SUP or in the underlying zoning district isdeveloped or other stated requirements are not met. The SUP for a Type 2 permit maybe considered for revocation for the following reasons:(a)(b)Construction is not begun within five years of the date of approval of thepermit.Progress toward completion is not being made. Progress towardcompletion includes the following:(1) An application for a final plat is submitted;U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxld:'PianniAHI£

)Zoning Ordinance- effective Nov. 8, 2006SUP(2)(3)(4)(5)A good faith effort is made to file with a regulatory agency anapplication for a permit necessary to begin or continuecompletion of the project;Costs have been incurred for developing the project including,without limitation, costs associated with roadway, utility, andother infrastructure facilities designed to serve in whole or inpart, the project (but exclusive of land acquisition) in theaggregate amount of 5% of the most recent appraised marketvalue of the real property on which the project is located;Security is posted with the city to ensure performance of anobligation required by the city; orUtility connection fees or impact fees for the project have beenpaid to the City or New Braunfels Utilities.(c)Abandonment of the project. Abandonment includes development of theproperty in a way other than provided for by the SUP.---j(d)(e)Failure to satisfy the conditions of the SUP or follow the site plan madepart of the SUP.Code violations. Revocation may be considered if there are three ormore code violations in a 720 day period.(1) Notice to property owner. If the Planning Director finds no less than threeviolations of any code of ordinances on the property within a 360 day period,he shall advise the applicant of a revocation hearing. The Planning Directorshall notify the property owner in writing of the violations and that anadministrative hearing will be held concerning the violations. Such noticeshall be given at least 10 days prior to the hearing. The Planning Directorshall take evidence and conduct an administrative hearing to determine if arevocation procedure should be initiated. Such a determination is not subjectto appeal to the Zoning Board of Adjustment.(2) If the Planning Director finds that there is credible evidence that the code ofordinances has been violated, or there have been convictions or guilty pleasin any court of competent jurisdiction, on at least three separate occasionswithin a 720 day period, and after the administrative hearing, he shall initiatea SUP revocation process.(3) Appeal to Municipal Court. Any code violation may be appealed to, orconsidered by, the Municipal Court Judge. The parties at interest in thisappeal may cross examine witnesses.(f)Revocation process. The revocation process shall be the same as for azoning district change, with notice to property owners within 200 feet,public hearing and recommendation by the Planning Commission, andpublic hearing and ordinance consideration by the City Council.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OrEliAaAGe\ZeAiAg revisieAs~ Page247)

)Zoning Ordinance- effective Nov. 8, 2006SUP(g)(h)The City Council may deny the SUP revocation, approve the revocation,deny the revocation and add additional restrictions to the SUP, suspendthe SUP for a period the Council determines, or amend the SUP withprobationary requirements and terms the Council determines.Upon revocation of a special use permit the property subject to thespecial use permit may be used for any permitted use within theapplicable base zoning district.3.6-6. Compliance with conditions. Conditions which may have been imposed by the CityCouncil in granting such permit shall be complied with by the grantee before a Certificateof Occupancy may be issued by the Building Official for the use of the building on suchproperty.3.6-7. Telecommunication towers and/or antennas. See Sec. 5.63.6-8. Deviation from Code. The City Council may approve a special use permit withdeviations to any provision of the Code of Ordinances. Such deviations shall be listed orshown in or as part of the Ordinance approving the special use permit.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:\PiaAAiAij\Z9AiAg OFdiAaAGe\ZeAiAg FeOJisieAs~ Page248)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 3.73.7 Overlay zoning districts.3.7-1 Definition. The City is hereby authorized to create overlay zoning districts thatimplement policies or objectives in the comprehensive plan. An overlay zoning district isa set of zoning regulations that is described in the overlay zoning district ordinance, ismapped and requires standards or uses in addition to those of the underlying basezoning district. Developments within the overlay zone must conform to the requirementsof both the base district and the overlay zone district or the more restrictive of the two.3.7-2 Regulations for an overlay zoning district. The overlay zoning district can addressspecific issues for a geographic area, which may benefit from additional landmanagement (zoning) practices.3.7-3 Process and requirements for creating overlay zones. The process for creating anoverlay zoning district shall follow the same zoning notification process as set forth inthis Chapter. Each application shall meet the following information requirements:(a) Area.district;A description of the area to be covered by the proposed overlay(b) Purpose. A description of the purpose of the district;(c) Development standards. A list of the proposed development standards ifdifferent from the base district(s);(d) Uses. A list of permitted uses or uses which are not allowed; and(e) Special requirements. Any special requirements particular to the overlayzone.3.7-4 Approval of development as an overlay district. Each overlay zoning district shallprescribe the types of review and approval of development or building permit application.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgl£eRiRg 0FdiRaRsel£eRiRg FevisieRs~ Page249)

Zoning Ordinance- effective Nov. 8, 2006 Sec. 3.83.8 Special districts.3.8-1 Definition. The City is hereby authorized to create special zoning districts that implement policies orobjectives in the comprehensive plan. A special zoning district is a set of zoning regulations that isdescribed in the overlay zoning district ordinance and is mapped.3.8-2 Regulations for a special zoning district. The special zoning district can address specific issues for ageographic area, which may benefit from additional land management (zoning) practices.3.8-3 Process and requirements for creating special zoning districts. The process for creating a specialzoning district shall follow the same zoning notification process as set forth in this Chapter.3.8-4 Purpose.Special Neighborhood District- 1The "SND-1" district is intended for development of primarily detached, single-family residences,customary accessory uses, and accessory dwellings such as garage apartments. The followingregulations shall apply to the "SND-1" district:(a) Authorized uses.(1) Uses permitted by rightResidential uses:Accessory building/structureAccessory dwelling (one accessory dwelling per lot, may include a kitchen)Community home (see definition)Family home adult careFamily home child careHome occupation (See Sec. 5.4)One family dwelling, detachedSingle family industrialized home (see Sec. 5.7)Non-residential uses:Barns and farm equipment storage (related to agricultural uses)Church/place of religious assemblyCommunity building (associated with residential uses)Contractor's temporary on-site construction office (only with permit from BuildingOfficial; see Sec. 5.9)Farms, general (crops) (see Chapter 6, Municipal Code and Sec. 5.8)Farms, general (livestock/ranch) (see Chapter 6, Municipal Code and Sec. 5.8)Golf course, public or privateGovernmental building or use (statef.feaerally ownea ana 013eratea)M~o~nioi13al ~o~se ownea or 013eratea by the City of New Bra~o~nfels, inoluain§ librarieswith no outdoor storage.MuseumsPark and/or playground (public)Public recreation/services building for public park/playground areasRecreation buildings (public)School, K-12 (public or private)Tr~o~ok §araens (no retail sales)University or oolle§e (131o1blio or 13rivate)Water storage (surface, underground or overhead), water wells and pumping stationsthat are part of a public or municipal systemU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.PiaRRiRglloRiRg OFdiRaRGellGRiRg revisiGRs~ Page250

--~~--~-~------~------~)Zoning Ordinance- effective Nov. 8, 2006 Sec. 3.8(b) Height and area requirements:(1) Height. 35 feet. The height of the accessory building may not exceed that of the maindwelling.(2) Front building setback. 25 feet.(3) Side building setback. There shall be a side building setback on each side of a building notless than six feet in width. Buildings on comer lots shall have 15-foot side building setbacksadjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines ofthe adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent tothe street where the rear lines of the corner lots coincide with the side lot lines of the adjacentlots.M)_Garage setback. Where a driveway is located in front of a garage, the garage shall be setback20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provideenough space for a vehicle to park without overhanging into the right-of-way, if the garage door isclosed. (See illustration 8 in Sec. 5.1-1)(4§) Rear building setback. 20 feet for the main dwelling. 6 feet for the accessory dwelling.(§§) Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of acorner lot shall be 70 feet.(eZ) Lot area per family. Every single-family dwelling hereafter erected or altered shall provide alot area of not less than 6,600 square feet per dwelling for interior lots, and 7,000 square feet perdwelling for corner lots, provided that where a lot has less area than herein required and such lotwas in separate ownership prior to September 25, 1967, this requirement will not prohibit theerection of a dwelling, including the accessory dwelling. A lot platted after January 1, 2007, onwhich there would be two dwelling units must be at least 8,000 square feet in size for an interiorlot and at least 8,500 square feet for a corner lot.(+!!) Lot depth. 100 feet.(~3) Parking. Two off-street parking spaces shall be provided for each one-family detacheddwelling, and two off-street parking spaces for an accessory dwelling. See Section 5.1 for otherpermitted uses' parking.(91 0) Accessory building size. One story: 500 square feet. Two story: 1 ,000 square feet. Theintent is to allow an accessory building over a garage or storage area and not to permit a twostory accessory dwelling or two accessory dwellings.~@Term of occupancy. Occupancy for less than one month is not permitted.(c) Area included in SND-1:See Exhibit "A".Formatted: Indent: Left: 0.5'', No bullets ornumbering' Formatted: Numbered + Level: 1 + ;]Numbering Style: 1, 2, 3, ... + Start at: 11 +Alignment: Left + Aligned at: 0.5'' + Indent at:0.75"U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxlJ:'PiaRRiRQIZ9RiRQ QF

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 3.8)U:\Pfannjnn'Zonjnq Ordjnance\Amendments 2012\Zonjnq revisions 2012 dacx' 1·'P'anning' 7 ooing Qr1inaece\?ocing roujsjoos~ Page252

)Zoning Ordinance- effective Nov. 8, 2006Sec. 4 - MatrixSec. 4. Use Regulations.4.1. Interpretive Rules.4.1-1. Use of Land and/or Buildings. The use of land and/or buildings shall be inaccordance with those listed in the following Land Use Matrix. In the event of conflictbetween uses listed in this matrix and those listed in a zoning district, the uses listed inthe district shall be deemed those authorized. No land or building shall hereafter be usedand no building or structure shall be erected, altered, or converted other than for thoseuses specified in the zoning district in which it is located. The legend for interpreting thepermitted uses in the Land Use Matrix is:G Designates use permitted in the zoning district indicated.D Designates use prohibited in the zoning district indicated.Further use description. See Definitions in Section 1.3 for further description of uses.4.1-2. Classification of New/Unlisted Uses. It is recognized that new types of land usewill arise in the future and forms of land use not presently anticipated may seek to locatein the City. In order to provide for such changes and contingencies, a determination as tothe appropriate classification of any new or unlisted form of land use in the Land UseMatrix shall be made as follows:(a) Interpreting new and unlisted uses. A new and unlisted use may beinterpreted by the Planning Director as similar to a listed use. The unlisted useshall possess the majority of characteristics of the listed use, otherwise theunlisted use must be submitted to the Planning Commission and City Council asoutlined in these subsections above. If the unlisted use is deemed similar to alisted use, no amendment of the Land Use Matrix is required.(b) Regulating new and unlisted uses. A person, city department, the PlanningCommission, or the City Council may propose zoning amendments to regulatenew and previously unlisted uses.(1) A person requesting the addition of a new or unlisted use shall submitto the Planning Director, or designee, all information necessary for theclassification of the use, including but not limited to:(a) The nature of the use and whether the use involves dwellingactivity, sales, services, or processing;(b) The type of product sold or produced under the use;(c) Whether the use has enclosed or open storage and theamount and nature of the storage;U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRg\ZeRiRg OF!liRaRse\ZeRiRg FeuisieRs~ Page253)

)Zoning Ordinance- effective Nov. 8, 2006Sec. 4 - Matrix(d) Anticipated employment for the use;(e) Transportation requirements, including approximate mileage,turning radius, or driving time of the expected client or patronbase;(f) The nature and time of occupancy and operation of thepremises;(g) The off-street parking and loading requirements;(h) The amount of noise, odor, fumes, dust, toxic materials andvibration likely to be generated;(i) The requirements for public utilities such as sanitary sewerand water and any special public services that may be required;andG) Impervious surface coverage or anticipated size of building.(2) The Planning Director shall refer the question concerning any new orunlisted use to the Planning Commission requesting a recommendationas to the zoning classification into which such use should be placed.7I(3) The Planning Commission shall consider the nature and describedperformance of the proposed use and its compatibility with the usespermitted in the various districts and determine the zoning district ordistricts within which such use is most similar and should be permitted.(4) The Planning Commission shall transmit its findings andrecommendations to the City Council as to the classification proposed forany new or unlisted use. The City Council shall approve or disapprovethe recommendation of the Planning Commission or make suchdetermination concerning the classification of such use as is determinedappropriate based upon its findings. If approved, the new or unlisted useshall be amended in the Land Use Matrix of the regulations according toprocedures outlines in this Chapter (i.e., following notification and publichearing, etc.).(c) Interpreting standards for new and unlisted uses. Standards for a new andunlisted uses may be interpreted by the Planning Director as those of a similaruse. When a determination of the appropriate zoning district cannot be readilyascertained, the same criteria outlined above shall be followed for determinationof the appropriate district. The decision of the Planning Director may beappealed according to the process outlined in the subsections above.The following matrix will be updated based on what recommendations areapproved.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAijiZeAiAO OFdiAaAGe\ZeAiAO re•JisieAs~ Page254)

)Zoning Ordinance -effective Nov. 8, 2006Sec. 4 - MatrixU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'PiaRRiRglleRiRQ OFdiRaRselleRiRQ revisieRs~ Page255)

,_,!IZoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixJl ')I""'""' II~-"""" 1\JI""'+..t"LegendP- The land use is permitted by right in the zoning district indicated.- The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses IPre-1987 Zoning Districts IPost-1987 Zoning Districtso:: ~~~~~~~IIIII~I~I~I~I~I~Ioi~~N~~~~~~~~~Io:: o:: m ~ N u u u u ~ ~ ~ ~

--------."'-' ,J"-JZoning Ordinance - effective Nov. 8, 2006 Sec. 4 - MatrixLp The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not penmitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts"' ::c ::c C') ~ ~ "' '? 'i "' Cl ll) "' co~ ~ -' ::c ~ ~

"-/ -~~I -- ------------------ ____ ____j __ -- -- -- ----Zoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLe§eA€1P- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses IPre-1987 Zoning Districts IPost-1987 Zoning DistrictsAuto muffler shop (see Sec. 5.1 0)~1&1~1~1~1~1~1313131~1~1~1~1~1~1il~l~l~l~l~l~l~l~l;l~l~l~l31318l~l~$ ~ ~ ~0:: 0::PIP PIPp p PIPAuto or trailer sales rooms or yards (see Sec.5.11)_Auto or truck sales rooms or yards - primarily newltsee Sec. 5.11)_Auto paint shopAuto repair as an accessory use to retail salesAuto repair garage (general) (see Sec. 5.1 0)Auto supply store for new & factory rebuilt partsAuto tire repair /sales (indoor)Auto wrecking yardsAutomobile driving school (including defensivedriving)Bakery (retail)Bank, savings and loan, or credit unionBarber/beauty college (barber or cosmetologyschool or colleqe)Barber/beauty shop, haircutting (non-college)PIP PIPPIP PIPPIP PIPPIP PIPPIP PIPPIP PIPPIP PIPPIPIPI IPIPPIPIPIPIPIPPIPIPIPIPIPPI PIP PIPPI PIP PIPp PIP PIPp PIP PIPp p PIPp PIP PIPp PIP PIPPIPIPIPIP PIPPIPIPIPIP PIPp PIP PIPPIPIPIPIPIPIPIPIPIPPIPIPIPIPIPIPIPIPIPp PIP PIPPIPIPIPIPIPIPIPIPIPBarns and farm equipment storage (related toMri_cultural uses)PIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPU:\Piannjog\Zonjnq Ordjngnce\Amendmpnts 2012\Zonjnq rpvjgjong 2012 docx' 1-\P'anning'zsoiag Ordiaance'zesing rm'isioes 2011 docPage 258

."-.../ .J,JZoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLP- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts~ N"' ~ J: J: ~ N~ N 0 r.o N COcr: 0:: rr. cO 1- N uu c.) "' c.) "'" ::!; ::!; c.. .,;~ ~ -' J:

Zoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLp The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts~"' "'~ J:J: ~"' '? ..,. ~ "' Cl 1.1) "' CX)~ ~ _, J: ~ ~ -9=

"-._.,./.J .._,;Zoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLP- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts~ "' "'~ :c :c ~"'

'"-" 0 "-"Zoning Ordinance -effective Nov. 8, 2006 Sec. 4 - MatrixLp The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts~"' N ~ ::c::c ~ N ~'? ""i N Cl "' N ~ ~ ...J ::c

~\_ " .;;...--JZoning Ordinance - effective Nov. 8, 2006Sec. 4 - MatrixLe§ef!E!P- The land use is permitted by right in the zoning district indicated.-The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses IPre-1987 Zoning Districts IPost-1987 Zoning Districts~I~ I~ I d; IF I~ I;:; 1013131 ~I~ I~ I~ I~ I~ IiI~ l ~ l ~ l ~ l ~ l ~ l ~ l ~ l ;I~ I~ 13 f!f~ 181 ~I~$ 0::. a: "';"cr. 0:::Credit agency PIPIPIPIPIP PIPIPIPIPIPIPIPIPIPCurio shops PIPIPIPIPIP PIPIPIPIPIPIP PIPCustom work shops PI PIP PIP PIPIPIPIP PIPDance hall/ dancing facility (see Sec. 5.12) PIP PIP p PI PI PIP PIPDay camp PI PI PIP PIPIPIPIPIP p PI PI PIP pDepartment store PI PIP PIP PIPIPIPIP PIPDistillation of bonesDormitory (in which individual rooms are for rental) PI PIP PIP p PIPIPIPIPDrapery shop I blind shop PI PIP PIP PIPIPIPIP PIPDriving range PI PIP p p p PIPDrug store/pharmacy PIPIPIPIPIP PIPIPIPIPIPIP PIPDuplex I two-family I duplex condominiums PI PIP PIPIPIPIPIP p p p p pElectrical generating plant p pElectrical repair shop PI PIP PIP PIPIPIPIPIPIP PIPElectrical substation PIP PIPIPIPIPIP PIP PIPIPIPIP PI PIPU:\Piannjng\Znojnq Ordjnance\Ampndments 2012\Znnjnq rpvjgjans 2012 dacx' '·'P'annicg'zocisg Qrdinance'zooing OO"isinss 3n11 dgc Page 263

'--" J ~Zoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLe§ef!EIP- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses IPre-1987 Zoning Districts IPost-1987 Zoning DistrictsElectronic assembly/high tech manufacturing~1~1~1~1~1~1~1313131~1~1~1~1~1~1~1~1~1~1~1~1~1~1~1~1~1~1~1~1~1 8 1~1~~ ' 0::: ~& a: riPIP p PIPElectroplating worksEnameling worksEngine repair/motor manufacturing remanufacturingand/or repairExplosives manufacture or storageExterminator serviceFair groundFamily home adult careFamily home child careFarmers market (produce market- wholesale)Farms, general (crops) (see chapter 6, municipalcode & Sec. 5.8)Farms, general (livestock/ranch) (see chapter 6,municiPal code & Sec. 5.8)Feed & grain storePIP p PIPp pPIP p PIPPI PIP PIP p PIP PIPPIP p p PIPPIPIPIPIPIPIPIPIPIP PIPIPIPIPIPIPIP PI PIPPIPIPIPIPIPIPIPIPIP PIPIPIPIPIPIPIP PI PIPPIPIPIPIPIPIP p PIP pPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPIPPIPIPIPIP p PIP PIPFertilizer manufacture and storageFilling station (gasoline tanks must be below theI ground)PIPIPIPIPIP p PI PI PIP PIPU:\Piannjog\Znnjnq Ordjngncp\Ampadments 2012\Zonjnq revisions 2012 dory' '·'P'aeeisg'zooing Qrrtjpzcce'zocicg re"jsioos 2011 doc Page 264

"'::.-../·.J: "--"".Zoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLP- The land use is permitted by right in the zoning district indicated.-The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning DistrictsN 0 ll) N CO~ ~ --' J:

~IZoning Ordinance -effective Nov. 8, 2006 Sec. 4 - MatrixLe§eR€1P- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any di¥ict, except PD.Types of Land Uses IPre-1987 Zoning Districts I Post-1987 Zoning Districts~~~~~~~IIIII~I~I~I~I~I~Ioj~,N,~,~~~~~~I~~~m~Nuuuu~~~~~$~~~~

~·~ JZoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLe§eA€1P- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses IPre-1987 Zoning Districts IPost-1987 Zoning DistrictsHeavy manufacturingO::u..O::IIl ~1~1~1~1~1~1~1~1~1~1~1~1~1~,~,~,~,~,~,~UUUU::i!::i!

"-' J ~Zoning Ordinance -effective Nov. 8, 2006 Sec. 4 - MatrixLe§el*lP- The land use is permitted by right in the zoning district indicated.-The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of land Uses IPre-1987 Zoning Districts IPost-1987 Zoning DistrictsIron and steel manufacture~1~1~1~1~1~1~1~1~1~1~1~1~1~,~,~,~1~1~1~~ ~ ~ ~ u u u u ~ ~ ~ ~ ~ ~ ~ ~ ~ ~$ ~ 0!: -r;-~ ~$1~1 ' ' ::c 1 1 ::c 1 1 :::> 1 1~1$1~1~1~1~1°1$1~:::> ' ' ' ~ ~ u ' '~~1-N~~uuuuuJunkyards, including storage, sorting, baling orI orocessina of raasKiosk (providing a retail service) P P P P P PI I I I I I I I I I I I IPIPIPIPIPIPIPIPIPIPLaboratory equipment manufacturing I I I I PI PI I I I I I I I I I I I I I PI I I I I I I PIPrLaundromat and laundry pickup stations p PTPIPTPTP I I I I I I I I I I I I IPIPIPIPIPIPIPI I PIP!Laundry, commercial (w/o self serve) I PI PI I PI PI I I I I I I I I I I I I I PI I PI PI I I I PIPLaundry/dry cleaning (drop off/pick up) p p p P PI I I I I I I I I I I I IPIPIPIPIPIPIPIPIPIPLaundry/washateria (self serve) p p p P PI I I I I I I I I I I I IPIPIPIPIPIPIPI I PIPLawnmower sales and/or repair p p p p p p p p p p p pLeather products manufacturing p p p p pLight manufacturing p p p p pLimousine I taxi service p p p p p p p p p p pLivestock sales/auction p p pLocksmith p p p p p p p p p p p p p p pLumber mill p~~U:\Piannjog\Zonjnq Qrdjnancp\Amendments 2012 \Znnjnq revisions 2012 dncx' '·'P'anning' 7 CCiog Qrdinanse' 7 ACiSQ rm'isicns 2011 doc Page 268

\~, J,"-"'Zoning Ordinance -effective Nov. 8, 2006 Sec. 4 - MatrixLp The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts~ N""~ J:J: ~ N "7 ..,. ~ N Cl LO N

"-/ \J ~-----·-Zoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLP- The land use is permitted by right in the zoning district indicated.-The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts,...,. ...,. ()::E ::Ecr.~ rl:. "' ('oJcr. m ~ :c :c ~ ('oJ ~'? ...,. ('oJ 0 "' ('oJ a) ~ ~ -' :c 1- N c.) 0 ~ ~

I "-" ___ " __________ " --------- --'-""-\~'J-~Zoning Ordinance -effective Nov. 8, 2006 Sec. 4 - MatrixLp The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning DistrictsN Cl 1.() NCO~ ~ -' :I:

·~IZoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLP- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts~ "'

"._,/'-._.-" JZoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLe§eAE!P- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses IPre-1987 Zoning Districts I Post-1987 Zoning Districts~1~1~1~1~1~1~1~13131~1~1~1~1~1$1~1~1~1~1~1~1~1~1~1;1~1~131~13181~1~$ 0::. 0:: """;"r:l:: 0::Photographic studio (no sale of cameras orSUPPlies)Photographic supplyPIPIPIPIPIPPIPIPI IPIPPIPIPIPIPIPIPIPIPIPPIPIPIPIPIPIPIPIPIPPlant nursery (no retail sales on site)PI PI PIPPIPIPIPIPIPIPPIPIPIPIP PIPPlant nursery (retail sales/outdoor storage)PI PIP PIPPIPIPIPIPIPIP PIPPlastic products molding/reshapingPIPp PIPPlumbing shopPI PIP PIPp PIP PIPPortable building salesp PIPp p PIPPoultry killing or dressing for commercial purposesPIPpPropane sales (retail)p PIPp p PIPPublic recreation/services building for publicI park/plavaround areasPublishing/printing company (e.g., newspaper)PI PI PIPPIPIPIPIPIP PIPIPIPIPIPIPIPPI PI I PIPPIPIPIPIPIPIPIPIPIPp PIP PIPQuick lube/oil change/minor inspectionPIPIPIPIPPIPIPIPIPIPIP PIPRadio/television shop, electronics, computer repairPI PIP PIPPIPIPIPIPIPIP PIPRailroad roundhouses or shopsRappelling facilitiespp PIP PIPU:\Piannjnq\Zonjnq Ordjnancp\Amendments 201 2\Zonjnq revisions 2012 docx' '·'R'anning'zcoing Ordinaesa\Zgpjpg rmdsincs 2011 docPage 273

"-/ J ~-I -~-------------·--·------Zoning Ordinance -effective Nov. B, 2006 Sec. 4 - MatrixLp The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts~ C\1 "'~ J: J: ~ C\1 '? 'i ~ C\1 Cl 10 C\1 IX) ~ ~ ...J J: ~ ~ 4= 4= -;: '9 ~ ~ ~

~I ---\___.-/JZoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLe§eRE!P- The land use is permitted by right in the zoning district indicated.- The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses IPre-1987 Zoning Districts IPost-1987 Zoning Districts'I~I~I'IIIII'I~I~I~I'I~Ici~~N~~~~~~~~~I0:: 0:: 0:: al 1- N (.) (.) (.) (.) :2: :2: ~ ~ :t $ ~ rX: ~ ~

\.,_/'-J'.__/IZoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLP- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning DistrictsSmelting of tin, copper, zinc or iron ores~"' N ~ J: J: ~ N C? ~ ~ N Q 10 N CIO ~ ~ --' J:

\_.,-' \j --_).Zoning Ordinance -effective Nov. B. 2006 Sec. 4 - MatrixLegendp The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning DistrictsIK- IK- rK- ~B- II ILr II.,- 1\J- ~v- pv· - HVI- IJVJ- j1'\t ~- - ii:F I&- If:>- ID- ...-liM- U\Tattoo or body piercing studio p p p p p p p p p p pTaxidermist p p p p p p p p pTelecommunications towers/antennas (see Sec.5.6)Telemarketing agency p p p p p p p p p p p p p p p pTelephone exchange buildings (office only) p p p p p p p p p p p p p p p p p pTennis court (commercial) p p p p p p p p p p p p pTheater (non-motion picture; live drama) p p p p p p p p p p p p p pTire sales (outdoors) p p p p p p p p pTool rental p p p p p p p p p p p p pTourist court p p p p p p p p p pTownhouse(attached) p p p p p p pTransfer station (refuse/pick-up) p p p p pTravel agency p p p p p p p p p p p p p p p pTruck garden p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p- - _L_ ---Page 277

Zoning Ordinance- effective Nov. 8, 2006 Sec. 4 - MatrixLP- The land use is permitted by right in the zoning district indicated.The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning DistrictsTruck or transit terminalcc 0

\_./:J"-"'IZoning Ordinance -effective Nov. 8, 2006 Sec. 4 - MatrixLP- The land use is permitted by right in the zoning district indicated.- The land use is prohibited in the zoning district indicated (Blank).NOTE: An application for a Special Use Permit may be made for any land use not permitted in any district, except PD.Types of Land Uses Pre-1987 Zoning Districts Post-1987 Zoning Districts~ N C') :r: :r: ~ ~ N '? ..,. ~ N Cl l() N ~ ~ -' :r: ~ ~

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5Sec. 5. Development Standards.5.1. Parking, Loading, Stacking and Vehicular Circulation.5.1-1. General provisions:(a) Application to existing and future uses. Except as provided hereafter, theparking space requirements of this Chapter shall apply to all buildings hereaftererected, to all changes in use hereafter made, and to all expansions of presentuses. Existing uses not meeting the requirements of this Section may becontinued, and such uses shall be considered as nonconforming uses. Except asprovided hereafter, no change in use shall be permitted unless the number of offstreetparking spaces required by this Section for such proposed use shall havebeen provided.The parking requirements of this Chapter shall apply to all automobiles,recreational vehicles, boats, trailers and other merchandise, as determined bythe Planning Director, parked on private property for the purpose of sale. Salemay be intended through an on-site office facility or by appointment. Theserequirements apply to sales of merchandise that is not the seller's personalproperty and is intended for a commercial purpose.(b) Exception to application for existing uses and changes in uses. Buildingsexisting in the area defined by the boundary shown on Figure 3 are exempt fromhaving the number of off-street parking spaces required by this section when:(1) The use of the building is being changed, but the building is not beingenlarged; or(2) The building is being reconstructed or renovated, but not enlarged; or(3) The building is being brought back into use after being vacant.(4) Where an existing building is being enlarged by more than 10%, theparking shall be required for the expanded area only.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PiaRRiRgiZcmiRg OFdiRaRseiZeRiRg FevisieRs~ Page280

)Zoning Ordinance- effective Nov. 8, 2006Sec.5U:\Piannjnq\Zonjnq Ordjnance\Amendments 2012\Zonjnq revision§ 2012 docx' 1·'P'anning' 7 cning Qr1jpacce' 7 oning rm·Wons:!Q.1..1..,Qoo Page 281)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(c) Location. The off-street parking facilities required for the uses mentioned inthis regulation and for other similar uses shall be on the same lot or parcel ofland as the structures they are intended to serve, unless a special exception isgranted by the Zoning Board of Adjustment (ZBA), in accordance with thisChapter.(d) Continuing character of obligation. The schedule of requirements for off-streetparking applicable to newly erected or substantially altered structures shall be acontinuing obligation of the owner of the real estate on which such structure islocated, so long as the structure is in existence or its use requiring vehicleparking continues. No owner of any building affected by these regulations shalldiscontinue, change or dispense with, or cause the discontinuance or change of,the required vehicle parking spaces apart from the discontinuance or transfer ofsuch structure or without establishing adequate parking spaces which meet withthe requirements of, and are in compliance with, these provisions. No person,firm or corporation shall use such building without acquiring such land for vehicleparking which meets the requirements of, and is in compliance with, this section.(e) Construction and maintenance. Off-street parking facilities shall beconstructed, maintained and operated in accord with the following specifications:(1) Areas shall be properly graded for drainage; surfaced with concrete,asphaltic concrete, or asphalt; and maintained in good condition, free ofweeds, dust, trash and debris.(a) In order to enable parking lots to better withstand the naturalelements, asphalt in the above section shall be interpreted toinclude a two-course treatment of asphalt.(b) In order to address varying development situations, the CityEngineer, at his or her discretion, may allow the use of substitutematerials, such as pavestone or permeable pavement, forconstruction purposes.(2) Where the area is adjacent to property used for residential purposes,there shall be provided for the length of the common boundary, a wall orsolid screening fence not less than six feet in height, but no taller thaneight feet in height, measured from the finished grade of the abuttingparking area.(3) Lighting facilities shall be arranged so that the source of light isconcealed from view from adjacent residential property and does notinterfere with traffic.(4) Construction and location of entrances, exits, aprons, stops, etc.,shall be according to standard city specifications found in Chapter 114 ofthe Code of Ordinances and shall be located so as to minimize trafficcongestion.(5) Any use requiring five or more off-street parking spaces under theprovisions of this Section shall be required to delineate or mark eachspace in a manner acceptable to the city. Said delineation or markingshall be in accordance with the parking plan as approved in conjunctionwith the building permit.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU :\PiaAAiA@'>leAiA@ OraiAaAse\leAiA@ revisieAs~ Page282l)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(f) Minimum dimensions and specifications for off-street parking facilities. Offstreetparking facilities shall be designed to meet the following minimumdimensions and specifications:(1) Ninety-degree angle parking: Each parking space shall not be lessthan nine feet in width and 18 feet in length. Maneuvering spaceshall not be less than 24 feet for one-way or wo-way trafficoperation. (See Illustration 4)18ft.24ft.18ft.18ft.9ft.24ft.18ft.9ft.0:::~~O~f:t!!j"=>-9ft.9ft.f5~~~6~C>j"=>-PropertyLineIt-)\Illustration 490 Degree Layout9ft.)\(2) Sixty-degree angle parking: Each parking space shall not be lessthan nine feet wide perpendicular to the parking angle and not less than20 feet in length when measured at right angles to the building or parkingline. Maneuvering space shall not be less than 17 feet six inches for onewaytraffic operation, and 20 feet for two-way traffic operationperpendicular to the building or parking line. (See Illustration 5)20'0"17'6"1Illustration 560 Degree LayoutU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OFdiRaRGeiZeRiRg FS'IisieRS~ Page283)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(3) Forty-five-degree angle parking: Each parking space shall not be lessthan nine feet wide perpendicular to the parking angle nor less than 19feet in length when measured at right angles to the building or parkingline. Maneuvering space shall not be less than 13 feet five inches forone-way traffic operation and 20 feet for two-way traffic operationperpendicular to the building or parking line. (See Illustration 6)20'0"13'6"Illustration 645 Degree Layoutl(4) Thirty-degree angle parking: Each parking space shall not be lessthan nine feet wide perpendicular to the parking angle nor less than 15feet 11 inches in length when measured at right angles to the building orparking line. Maneuvering space shall not be less than 12 feet eightinches for one-way traffic operation and 20 feet for two-way trafficoperation perpendicular to the building or parking line. (See Illustration 7))20'0"·IIllustration 730 Degree LayoutU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:\PiaAAiAgiZeAiAg Or~iAaAse\ZeAiA!l re•,•isieAs~ Paqe284

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(5) Parallel parking: Each parking space shall not be less than nine feetwide perpendicular to the curb or parking line nor less than 22 feet inlength measured parallel with the curb or parking line. Maneuveringspace shall not be less than ten feet for one-way traffic operation and 20feet for two-way traffic operation parallel to the parking line.(6) Island requirements for single row parking: An island, not less thansix inches in height and encompassing not less than 180 square feet inarea, shall be located at both ends of every single parking row of 25parking spaces or greater.(7) Island requirements for double row parking: An island, not less thansix inches in height and encompassing not less than 360 square feet inarea, shall be located at both ends of every double parking row of 25parking spaces or greater.(8) When off-street parking facilities are provided in excess of theminimum amounts herein specified, or when off-street parking facilitiesare provided, but not required by this Section, said off-street parkingfacilities shall comply with the minimum requirements for parking andmaneuvering space herein specified.(9) Maneuvering space shall not be required for single-family dwellingsor two-family dwellings.(10) Compact parking areas. No more than 10% of the required numberof parking spaces may be compact car spaces. Each compact carparking space shall have the letter "C" painted within the compact space.The letter shall be at least two feet tall. A compact parking space shall benot less than nine feet wide and 16 feet long, if in a 90-degree parkingarrangement; 18 feet long for 60-degree parking spaces; 14 feet long for30-degree parking spaces and 20 feet long for parallel parking.(11) Parking space overhang. The length of a parking space may includea two-foot overhang of a curb or wheel stop, so long as the overhang isnot over a walkway.(g) Shared parking. Shared parking may be allowed in the case of mixed uses(different buildings) under the following conditions:(1) Up to 50% of the parking spaces required for a theater or other placeof evening entertainment (after 6:00 p.m.), or for a church, may beprovided and used jointly by banks, offices, and similar uses not normallyopen, used, or operated during evening hours.(2) The Planning Director may approve shared parking based on anapplicant-submitted parking study demonstrating significantly differentpeak hours of parking demand.(3) Shared parking must be on the same parking lot, unless a specialexception to on-site parking is granted.(4) Reduction due to shared parking shall only be allowed if approved onthe site plan, the building permit site plan, SUP site plan or PD detailplan.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAij\ZeAiAO OrdiAaAse\ZeAiAg revisieAs~ Page285)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(5) To assure retention of the shared parking spaces, each propertyowner shall properly draw and execute an irrevocable mutual parkingagreement document expressing the same, approved by the PlanningDirector, shall file this agreement with the County, and shall provide acopy of the filed agreement to the City of New Braunfels prior to issuanceof a Certificate of Occupancy for any use that relies upon the parkingagreement.(h) Garage setback. Where a driveway is located in front of a garage, the garageshall be setback 20 feet from the right-of-way or the driveway to the garage shallbe at least 20 feet long to provide enough space for a vehicle to park withoutoverhanging into the right-of-way, if the garage door is closed. (See illustration 8)--·,--.--.,-- ---- --------i--:i iIt·· --------1III)Illustration 8Residential Garage Setbacks(i) Valet parking.(1) Purpose. Valet parking benefits businesses and their patrons byhelping alleviate perceived parking deficiencies, enhancing customerservice, and encouraging maximum use of less accessible parkingspaces. However, unregulated valet parking may cause traffic flowstoppages, unanticipated traffic movements, parking violations andunauthorized use of public areas and private parking spaces. Thepurpose of this section is to regulate valet parking where its undesirableeffects significantly affect public areas or public safety.(2) Definitions. For the purposes of this section, the following definitionsshall apply unless the context clearly indicates or requires a differentmeeting:U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:\PiaAAiA~I£aAiA~ OFEiiAaAsal£eAiA~ revisieAs~ Page286

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5Attendant. A person employed by a licensee who drives a vehiclewhile providing valet parking.Person. A natural person, firm, partnership, association, corporationor other business entity, and employees, agents and subcontractorsthereof.Sponsor. Any person who operates, or causes to be operated, avalet parking operation at the sponsor's place of business orfunction.Valet parking operation. The rece1v1ng, taking possession of,driving, moving, parking, or leaving standing, any vehicle that is leftat one location to be driven to another location for parking, whetheror not a charge is levied and whether or not done under contract tothe business or organization for which the vehicles are being parked,or done independently. It does not include operators of public orprivate off-street parking operations or facilities where customerspark their own vehicles and remove the keys themselves.Valet parking operator. A person who employs one or moreattendants for the purpose of providing a valet parking service orwho provides such services as a contractor, but not in the capacity ofemployee, at any business establishment, for the purpose ofproviding a valet parking service to such establishment.Valet parking service. A parking service provided to accommodatepatrons of any business establishment, which service is incidental tothe business of the establishment and by which an attendant onbehalf of the establishments takes temporary custody of the patron'smotor vehicle and moves, parks, stores, or retrieves the vehicle forthe patron's convenience.(3) Permit required. After the effective date of this Chapter, no personshall conduct a valet parking service unless the person has obtained avalid valet parking operator permit, and no valet parking operations shallbe conducted, except in accordance with a valid valet parking operationpermit issued by the Planning Director.(4) Valet parking operator permit. No valet parking permit shall be issuedunless the following conditions are met:(a) The valet parking operator shall park all cars entrusted to theapplicant in legal, off-street or legal on-street sites and shall conductvalet parking operations according to the valet parking plan approvedby the Planning Director or designee.(b) The applicant provides proof to the City that the applicant hasmet all the requirements of Chapter 686, Texas Transportation Code,which is adopted by reference into this Chapter.(c) The permit fee shall be $50.00.(5) Valet parking operations.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAHI£aAiAH OFdiAaAGe'J:aAiAH fS"isiaAs~ Page287)

Zoning Ordinance- effective Nov. 8, 2006Sec.5(a) The holder of a valet parking permit shall at all time conduct valetparking operations in accordance with this Section and inaccordance with an approved valet parking plan.(b) The valet parking operator and his employees shall, whenconducting a valet parking operation, wear a clearly legible patch,insignia, or badge on the clothing stating the name of the valetoperation.(c) Valet parking spaces may be designated with a portable device,no taller than four feet (cones, for instance) with no markings, letters,words, numbers or lights on them. These devices may only beplaced no earlier than one hour before valeting begins, and must beremoved within one hour of the cessation of valet parking operations.(d) No permanent signs for valet or other signs or devicesdesignating valet parking spaces may be used other than theportable devices defined in subsection (c) of this Section.(e) Circulation in a parking lot shall not be impeded by valet parkingoperations.(f) "Stadium parking", tandem parking, double or triple parking maybe approved if circulation is not impeded and is part of an approvedvalet parking plan.(g) If off-site property is used for valet parking, as shown on anapproved valet parking plan, and the owner of the off-site propertyrevokes or otherwise abrogates the use of that off-site property forvalet parking, said valet parking operation which utilized said off-siteparking shall cease to use that property for valet parking. Thesponsor must submit a new valet parking plan within 30 days of suchloss of off-site parking.(h) Valet parking operations may only be conducted in areas shownon an approved valet parking plan. In an event that all of the parkingspaces available in that parking plan are in use, the valet parkingoperations may use other available spaces in the subject parking lot.Under no circumstances will these parking spaces outside theapproved valet parking plan be reserved at any time. Valet parkingoperations outside the approved plan area shall cease whenvacancies occur within the approved plan area.(i) Vehicles in staging areas used for valet drop off as shown on anapproved valet parking plan, may be stored or parked for no longerthan five minutes per vehicle.0) All temporary structures used in a valet parking operation shall beportable and placed in operation and in view of the public no earlierthan one hour before valet parking operations commence and mustbe removed from the view of the public no later that one hour afterthe cessation of valet parking operations. These structures may notimpede pedestrian circulation nor create a driver view obstruction.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxi,J:IoOiaAAiAgiZeAiAg OFlliAaAse\ZeAiAg revisieAs~ Page288

Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(k) Fire lanes may not be used to "hold", park, or store vehicles andmay not be blocked or impeded by any valet parking operationactivity.(I) It shall be a violation of this Section for a valet to drive a vehiclethat violates any law related to moving vehicles or parking.(m) Dashboard ticket. Every valet parking operator shall place orcause the operator's agent to place on the dashboard of eachpatron's vehicle a ticket stating the valet company and its phonenumber in such a manner so as to be conspicuously visible throughthe windshield of the patron's vehicle.(n) Valet parking receipt. All valet parking attendants must, upontaking custody of a patron's vehicle, issue a numbered receipt toeach customer, containing the name, address, and telephonenumber of the company providing the valet service, a statement thatthe company has liability insurance as required by this Chapter, andthe charge for the valet service.(6) Valet parking plan- permit required.(a) No business or person in the City shall provide a valet parkingservice nor shall any valet parking operation be conducted unless avalet parking plan for that business or person has been approved bythe Planning Director, and a valet parking permit has been issued inaccordance with this section.(b) The valet parking sponsor, or his designee appointed in writing bythe sponsor, shall be responsible for submitting the valet parkingplan.(c) The valet parking permit shall be issued to the valet parkingoperator.(d) Valet parking plan contents:(1) On a sheet no larger than 24 inches by 36 inches, drawn to ascale of one inch equals 20, 30, 40 or 50 feet.(a) All buildings, parking lot layouts, streets, and firehydrants within 150 feet of where valet parking operationswill take place.(b) The location of all valet parking spaces.(c) The location of drop-off and holding areas.(d) The location and elevations (pictures, renditions) of allstructures to be used during valet parking operations.(e) Valet parking, circulation routes, and patterns.(f) The time of valet parking operations.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgllaAiAg OreiAaAee\ZaAiAg revisiaAs:!M1.daG Page 289)

)Zoning Ordinance- effective Nov. 8, 2006Sec.55.1-2. Measurement and computation:(g) The number of parking spaces to be reserved for valetparking.(h) The parking pattern (vehicle movement pattern).(2) A valet parking report, including the following:(a) Data showing that the reserved spaces are available.Parking calculations as follows: that the valet parking spacesare in excess of those required by this Chapter; or , if saidspaces are not in excess, that the valet spaces are notneeded when the valet operations will occur or required; oras part of a condition of a special use permit for any otherbusiness than the sponsor; and, or if the valet parking will beconducted on shared parking spaces or off-site.(b) If spaces off the property being served or the spaces areshared by others than the sponsor, in a shopping center forinstance, are utilized, a letter from the off-site property ownerof the owner of the spaces that are shared with others thanthe sponsor, agreeing to the time and location of thedesignated valet spaces shall be provided. Unless the offsitevalet spaces are excess to those required by code, aparking study shall be provided showing the off-site spacesare actually available when valet parking operations.(c) The time valet parking operations will be conducted.(d) The number of valet parking spaces to be used by thevalet parking operator.(e) The number of valets to be used.(3) Copies of the valet parking operator's valid valet parkingoperator's license.(4) The name, address and telephone number of the sponsorand all valet parking operators to be used.(5) If applicable, agreements with off-site businesses to use theirproperty for valet operations and a parking study showing suchspaces are available.(6) Any other information deemed necessary by the PlanningDirector.(a) Mixed uses. Where more than one use exists on the same site or in the samebuilding, the portion of such site or building devoted to each use shall be used incomputing the number of off-street parking spaces required for such use. Forsuch site or building the total requirements for off-street parking spaces shall bethe sum of the requirements of the various uses computed separately. The offstreetparking space for one use shall not be considered as providing therequired off-street parking space for another use.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:\PiaAAiA~IZeAiA~ OFEiiAaAse\ZeAiA~ revisieAs~ Page290

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(b) Fractional measurement. When the requirement for each separate use iscomputed, fractions shall be counted at their actual value. When units ofmeasurements determining the total number of required off-street parking spacesresult in a requirement of a fractional space, any fraction less than one-half shallbe disregarded. Any fraction of one-half or over shall require one off-streetparking space.5.1-3. Schedule of required spaces:(a) Interpretation. The classification of uses enumerated in this schedule aregeneral and are intended to include all similar uses. Where classification of use isnot determinable from said schedule, the Planning Director shall fix theclassification.(b) For each structure designed for any of the following uses, or for any like use,no less than the number of parking spaces required shall be provided accordingto the following schedule:PERMITTED USEMINIMUM VEHICLE SPACESAdult care facilityAmbulance serviceAmphitheatersAmusement parksAmusement servicesAnimal grooming shopsAntique shopsApartmentsArchery ranges1 for each two employees or staff members,PLUS 1 space for each five adults for which thefacility is licensed by the state1 for each 400 square feet of gross floor area1 for each four persons based on maximumoccupancy capacity1 for each 600 sq. ft. of outdoor recreation area,and 1 for each 400 sq. ft. of indoor recreationarea1 for each 200 sq. ft. of gross floor area1 for each 400 square feet of gross floor area1 for each 400 square feet of gross floor areaOne-bedroom apartment or unit ... 1 1/2Two-bedroom apartment or unit ... 2Each additional bedroom ... 1/2Each dwelling unit provided exclusively for lowincome elderly occupancy ... 3/4("Low income elderly" is defined as any person55 years of age or older with low or moderateincome, according to HUD standards)1 for each 600 sq. ft. of outdoor recreation area,and 1 for each 400 sq. ft. of indoor recreationareaU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxll:'.OiaRRiAg~eAiAg OFEiiAaAG~eAiAg revisieAs2014.deG Page 291)

)Zoning Ordinance- effective Nov. 8, 2006Sec. 5ArenasArt dealer/galleryArtist or artisans studioAssisted living/retirement homesAsylumsAssembly hallsAuditoriumsAuto leasingAuto glass repair/tintingAutomobile driving schoolAuto muffler shopsAutomobile repair shopsBakeryBanks and other financial/lending institutionsBarber and beauty shopsBars1 for each four persons based on maximumoccupancy capacity1 for each 400 square feet of gross floor area1 for each 400 square feet of gross floor area1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1 for each 200 sq. ft. of gross floor area1 for each 200 sq. ft. of gross floor area, or1 for each four seats, or1 for each three persons of total buildingoccupancy, whichever is greater1 for each 400 square feet of gross floor area1 for each 400 square feet of gross floor area1 for each 200 sq. ft. of gross floor area1 for each 300 sq. ft. of gross floor area3 per service bay1 for each 400 square feet of gross floor area1 for each 200 sq. ft. of gross floor area1 for each 200 sq. ft. of gross floor area1 for each four seats for patron use, or 1 foreach 100 sq. ft. of gross floor area, whichever isgreater)Bed and breakfasts See Sec. 5.5Bicycle sales and repairBilliard/pool facilityBingo facilityBlueprinting1 for each 400 square feet of gross floor area1 for each 200 sq. ft. of gross floor area1 for each 200 sq. ft. of gross floor area1 for each 1,000 sq. ft. gross floor area /lot areaU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAg\ZeAiAO OF

)Zoning Ordinance- effective Nov. 8, 2006Sec.5Boarding houseBowling alleysBrake shopsBusiness servioe estatllisllrnentsCabinsCar washCarpenter, cabinet or pattern shopsCarpet cleaningChildren's day care centerChurchesCircus tents1 for each two person the establishment isdesigned to house, PLUS 1 for each threeemployees1 for each 400 square feet of gross floor area3 per service bay1 for eaoll 1 ,000 SE!. ft. gross floor area I lot areaOne-bedroom apartment or unit ... 1 1/2Two-bedroom apartment or unit ... 2Each Additional bedroom ... 1/23 stacking spaces per approach lane, plus 2drying spaces per stall1 for each 400 square feet of gross floor area1 for each 400 square feet of gross floor area1 for each two employees or staff members,PLUS 1 space for each five children for whichthe facility is licensed by the state1 for each 400 square feet of gross floor area1 for each 400 square feet of gross floor areaCivic clubs not providing regular serviceof food or alcoholic beverages. (If overnightaccommodations are provided, the requirementsof Section 5.1-3shall be applicable.)1 for each five members or 1 for each 300 sq. ft.of gross floor area, PLUS 1 for each 5,000 sq. ft.of gross land area, whichever is greaterClub having sleeping accommodationsColleges and universitiesCommunity homeComputer repairConference centers1 for each two person the establishment isdesigned to house, PLUS1 for each three employees1 for each two teachers and members of thetechnical and administrative staff, plus 1 foreach four additional persons employed on thepremises, plus one for each five studentscapacity not residing on campus1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1 for each 400 square feet of gross floor area1 for each 200 sq. ft. of gross floor area, or 1 foreach four seats, or 1 for each three persons oftotal building occupancy, whichever is greaterU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OraiAaAseiZeAiAg FevisieAs~ Page293)

)Zoning Ordinance- effective Nov. 8, 2006Sec. 5Contractor's equipment yardConvalescent homesConvenience storeConvention centersCottagesCustom work shopsDancehallsDental clinicsDormitoryDriving rangeDuplexElectrical repair shopExercise studio and health clubsExhibition hallsFabricating plantsFair and rodeo groundsFeed millsFilling stationsFlour mills1 for each 1 ,000 sq. ft. gross floor area /lot area1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1 for each 200 sq. ft. of gross floor area1 for each 200 sq. ft. of gross floor area, or 1 foreach four seats, or 1 for each three persons oftotal building occupancy, whichever is greaterOne-bedroom apartment or unit ... 11/2Two-bedroom apartment or unit ... 2Each additional bedroom ... 1/21 for each 200 sq. ft. of gross floor area1 for each four seats for patron use, or 1 foreach 100 sq. ft. of gross floor area, whichever isgreater1 for each 300 sq. ft. of gross floor area1 for each two person the establishment isdesigned to house, PLUS 1 for each threeemployees1 for each 400 square feet of gross floor area2 off-street parking spaces shall Be 9F9'o'ided fareash twa famil•1 per dwelling unit1 for each 400 square feet of gross floor area1 for each 200 sq. ft. of gross floor area1 for each 400 square feet of gross floor area1 for each 1,000 sq. ft. gross floor area /lot area1 for each 600 sq. ft. of outdoor recreation area,and 1 for each 400 sq. ft. of indoor recreationarea1 for each 1,000 sq. ft. gross floor area /lot area1 for each 400 square feet of gross floor area1 for each 1,000 sq. ft. gross floor area /lot areaFraternal organizations not providing overnightaccommodations or any regular service of foodor alcoholic beverages and not affiliated with aU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxbJ:\ 0 IaRRiRO~SRiRO OrdiRaRse~eRiR!I re>JisieRs~ Page294)

)Zoning Ordinance- effective Nov. 8, 2006Sec.5college or university. (If overnightaccommodations are provided, therequirements of Section 5.1-3 shall beapplicable)FraternityFuneral homesGo-cart tracksGrain elevatorsGrain processing plantsGrocery stores (less than 100,000 sq. ft.)Group quartersHandicraft shopsHomes for the aged and infirmHospiceHospitals and all other similar institutionsHotelIndustrial/manufacturing and constructionuses listed in the land use matrixKindergartenLaboratoriesLaundries, washaterias, dry cleanersLibraries1 for each five members or 1 for each 300 sq. ft.of gross floor area, PLUS 1 for each 5,000 sq. ft.of gross land area, whichever is greater1 for each two person the establishment isdesigned to house, PLUS 1 for each threeemployees1 for each 400 square feet of gross floor area1 for each 600 sq. ft. of outdoor recreation area,and 1 for each 400 sq. ft. of indoor recreationarea1 for each 1,000 sq. ft. gross floor area /lot area1 for each 1 ,000 sq. ft. gross floor area /lot area1 for each 200 sq. ft. of gross floor area1 for each two person the establishment isdesigned to house, PLUS 1 for each threeemployees1 for each 400 square feet of gross floor area1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1.1 for each bedroom1 for each 1,000 sq. ft. gross floor area /lot area1 for each two employees or staff members,PLUS 1 space for each five children for whichthe facility is licensed by the state1 for each 300 sq. ft. of gross floor area1 for each 300 sq. ft. of gross floor area1 for each 400 square feet of gross floor areaU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:\PiaRRiRg\ZeRiRg OFEiiRaRse\ZeRiRg fevisieRs~ Page295)

)Zoning Ordinance- effective Nov. 8, 2006Sec. 5Livestock auctionsLocksmiths1 for each 1,000 sq. ft. gross floor area /lot area1 for each 400 square feet of gross floor areaLodges not providing overnightaccommodations or any regular service offood or alcoholic beverages and notaffiliated with a college or university. (If overnightaccommodations are provided, the requirementsof Section 5.1-3 shall be applicable.)1 for each five members or 1 for each 300 sq. ft.of gross floor area, PLUS 1 for each 5,000 sq. ft.of gross land area, whichever is greaterLodging houseLunch counters and drive-insLumberyardsMaintenance/janitorial serviceManufactured or mobile homeMeat markets (less than 100,000 sq. ft.)Medical clinicsMedical supplies and equipmentMiniature golf1 for each two person the establishment isdesigned to house, PLUS1 for each three employees1 for each four seats for patron use, or 1 foreach 100 sq. ft. of gross floor area, whichever isgreater1 for each 1 , 000 sq. ft. gross floor area /lot area1 for each 400 square feet of gross floor area21 for each 200 sq. ft. of gross floor area1 for each 300 sq. ft. of gross floor area1 for each 400 square feet of gross floor area1 for each 600 sq. ft. of outdoor recreation area,and 1 for each 400 sq. ft. of indoor recreationareaMini-storage warehouses4 minimum1 for 300 sq. ft. of service/retail area, plus 2 perliving quartersNo storage of any material or vehicles is allowed in required parking. Rent vehicle areasshall be in striped parking areas and not in required parking spaces. Aisle width of driveslocated in the storage area shall be at least 24 feet wide.MortuariesMotelMotor vehicle filling stationsMotor vehicles salesMotion picture houses1 for each 400 square feet of gross floor area1.1 for each bedroom1 for each 200 sq. ft. of gross floor area1 for each 400 square feet of gross floor area1 for each five seats for patron useU:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OrdiAaAse\ZeAiAg re..,isieAs~ Page296)

)Zoning Ordinance- effective Nov. 8, 2006Sec. 5Muffler shopsMultifamily, apartments, hotel unitsMuseumsNightclubsNursing homesOffice and service usesOne family dwelling, detachedOrphanages3 per service bayOne-bedroom apartment or unit ... 1 1/2Two-bedroom apartment or unit ... 2Each additional bedroom ... 1/2Each dwelling unit provided exclusively for lowincome elderly occupancy ... 3/4("Low income elderly" is defined as any person55 years of age or older with low or moderateincome, according to HUD standards)1 for each 400 square feet of gross floor area1 for each four seats for patron use, or 1 foreach 100 sq. ft. of gross floor area, whichever isgreater1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1 for each 300 sq. ft. of gross floor area21 for each four employees, and1 for each four patient beds, and1 for each staff doctorOutdoor amusement & recreation establishments 1 for each 600 sq. ft. of outdoor recreation area,and 1 for each 400 sq. ft. of indoor recreationareaOutdoor ridesPassenger terminalsPhotographic supplyPlant nurseriesPrinting and engraving plantsPrivate clubs and community clubs notproviding regular service of food oralcoholic beverages. (If overnightaccommodations are provided, therequirements of Section 5.1-3 shallbe applicable.)1 for each 600 sq. ft. of outdoor recreation area,and 1 for each 400 sq. ft. of indoor recreationarea1 for each 400 square feet of gross floor area1 for each 400 square feet of gross floor area1 for each 250 sq. ft. of gross indoor sales anddisplay area, PLUS 1 for each 1,000 sq. ft. ofoutdoor display area1 for each 1 ,000 sq. ft. gross floor area /lot area1 for each four members or 1 for each 300 sq. ft.of gross floor area, plus 1 for each 3,000 sq. ft.of gross land area up to 10 acres, and 1 for eachU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\.OiaAAiAgiZeAiAg OraiAaAse\ZeAiAg revisieAs~ Page297)

Zoning Ordinance- effective Nov. 8, 2006Sec. 56,000 sq. ft. of gross land area in excess of 10acres, whichever is greaterPrivate clubs and community clubs providingregular service of food or alcoholic beverages 1 for each two members or 1 for each 300 sq. ft.of gross floor area, PLUS 1 for each 1 ,500 sq. ft.of gross land area up to 10 acres, and 1 for each5,000 sq. ft. of gross land area in excess of 10acres, whichever is greaterPublic storage rental units4 minimum1 for 300 sq. ft. of service/retail area, plus 2 perliving quartersNo storage of any material or vehicles is allowed in required parking. Rent vehicle areasshall be in striped parking areas and not in required parking spaces. Aisle width of driveslocated in the storage area shall be at least 24 feet wide.Public utility building (except offices)Quick lube oil changeRacetracksRadio and television studioResearch laboratoriesRestaurants and all other similarDining or drinking establishmentsRetail establishments 100,000 sq. ft. or largerRetail establishments, less than 100,000 sq. ft.Rooming houseSales, display, customer or office areasin wholesale establishmentsSanitariumsSchools, elementary and junior high schools(public, parochial, private)Schools, senior high schools(public, parochial, private)1 for each 1,000 sq. ft. gross floor area /lot area3 per service bay1 for each four persons based on maximumoccupancy capacity1 for each 400 square feet of gross floor area1 for each 1,000 sq. ft. gross floor area /lot area1 for each four seats for patron use, or 1 foreach 100 sq. ft. of gross floor area, whichever isgreater1 for each 400 sq. ft. of gross floor area1 for each 200 sq. ft. of gross floor area1 for each two person the establishment isdesigned to house, PLUS1 for each three employees1 for each 200 sq. ft. of gross floor area1 for each four employees, and1 for each four patient beds, and1 for each staff doctor1 for each two teachers, and 1 for each twopersons employed on the premises, and 1 foreach bus if kept at the school1 for each two teachers, and 1 for each twopersons employed on the premises, and 1 foreach 10 enrolled students, and 1 for each busU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.OiaAAiAgiZeAiAg OrdiAaAse\ZeAiAg FS¥isieAs~ Page298

Zoning Ordinance- effective Nov. 8, 2006Sec. 5Schools, martial artsSchools, vocationalShooting rangesShooting ranges, outdoorSkating rinksSoft-drink bottling establishmentsSororityStadiums and athletic fieldsStudios for art, dance, music, drama,reducing, etc.Supermarkets (less than 100,000 sq. ft.)Tailor shopsTavernsTaxidermistTe1.1rist ce1.1rtTheatersTownhouse, attachedTransient accommodations(similar to hotel, motel, tourist home)Truck or transit depots, terminalsTube rentals and like uses1 for each 300 sq. ft. of gross floor area1 for each two teachers and members of thetechnical and administrative staff, plus 1 foreach four additional persons employed on thepremises, plus one for each five studentscapacity not residing on campus1 for each four persons based on maximumoccupancy capacity1 for each 600 sq. ft. of outdoor recreation area,and 1 for each 400 sq. ft. of indoor recreationarea1 for each 200 sq. ft. of gross floor area1 for each 1,000 sq. ft. gross floor area /lot area1 for each two person the establishment isdesigned to house, PLUS1 for each three employees1 for each four persons based on maximumoccupancy capacity1 for each 200 sq. ft. of gross floor area1 for each 200 sq. ft. of gross floor area1 for each 400 square feet of gross floor area1 for each four seats for patron use, or 1 foreach 100 sq. ft. of gross floor area, whichever isgreater1 for each 400 square feet of gross floor area1.1 fer each bedroom1 for each five seats for patron use21.1 for each bedroom1 for each 400 square feet of gross floor area1 for every 100 square feet of building, includingtube storage structures, or one space for every 4tubes measured by the cubic area of the tubestorage area, whichever is greaterU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgl£aAiAg OraiAaAsel£aAiAg ravisiaAs~ Page299)

Zoning Ordinance- effective Nov. 8, 2006Sec. 5Upholstery shopVacuum cleaner sales and repairVeterinary hospitals1 for each 400 square feet of gross floor area1 for each 400 square feet of gross floor area1 for each 300 sq. ft. of gross floor areaWarehouses and storage buildings1 for each 1,000 sq. ft. gross floor area /lot areaand yards (except mini-storage warehouses)Warehouse and storage areas inwholesale establishmentsWelding shopWell drilling equipment yardZero lot line I patio home1 for each 1,000 sq. ft. gross floor area /lot area1 for each 400 square feet of gross floor area1 for each 1,000 sq. ft. gross floor area /lot area2Section 5.2- Drive-Through Facility or Use with Drive-Through Service5.2-1 ApplicabilityThis Section applies to an accessory use to principal use such as a bank or fast foodrestaurant. designed to enable customers in parked vehicles to transact business withpersons inside of the principal building.5.2-2 Purpose and IntentProducts of the automobile age. drive-through facilities have become a common amenityfor a specific range of uses. including banks. freestanding drug stores. and fast foodrestaurants. A well designed drive-through on a parcel with adequate area can beconvenient for motorists and have minimal impact upon the streetscape and pedestrians.Conversely, a poorly designed drive-through on a parcel of inadequate size can causeproblems with traffic circulation and create areas that are hostile to the pedestrian.Moreover, drive-throughs have the potential to generate undesirable impacts for adjacentproperties such as odors from vehicle exhaust and noise from engines, car stereos, andmenu board speakers. The purpose and intent of this Section is to establish appropriatestandards which allow for the typical range of activities while ensuring public safetv andmitigating the associated impacts.)5.2-3 EstablishmentDrive-through Facility with Drive-through Service uses shall be allowed as provided in theMatrix: Use Permissions and Parking Requirements and shall comply with thedevelopment standards of the zoning district. the General Development Standards andthis section.5.2-4 Special Use Standards5.2-5 Minimum Stacking Requirements(a} Restaurant and retail establishments, such as drug stores, pharmacies, orbeverage stores. shall provide not less than five (5} stacking spaces at orbehind the menu board.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:IPiaRRiR~IZaRiR~ OFaiRaRGaiZaRiA~ FavisiaRs~ Page300)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(b) Financial institutions shall provided not less than three (3) stacking spaces ator behind the pneumatic tube for the drive thru.(c) Drive-through stacking lanes shall be delineated from other vehicular useareas by means of a landscaped divider median. Stacking lanes may includepart of the drive aisles in a parking area.5.2-6 Pedestrian Connections(a) Drive-through lanes that obstruct the pathway between parking areas andentries into the building shall be designed with a pedestrian crossing that isdelineated by landscaping. curbing. raised or decorative pavement. andsignage.(b) Where a drive-through lane intersects a public or private sidewalk. thesidewalk pavement shall be continued through the driveway to clearlydelineate the pedestrian network. The maximum width of a driveway shall be24 feet at the intersection of a public sidewalk.5.2-7 Speaker BoxNo drive-through speaker shall be oriented to face a single-family residential use or'Neighborhood' zoning district.5.2-8 Hours of OperationWhen the drive-through facility abuts a residential use or 'Neighborhood' zoning district.drive-through services shall be prohibited between the hours of 12:00 a.m. weekdays andbetween 1:00 a.m. and 6:00a.m. Saturday and Sunday, This prohibition shall apply toany drive-through facility operation after the passage of this ordinance except thosefacilities that were on that date, and continue to be, operating during the prohibited hours.Any drive-through facility that was legally operating during the prohibited hours before thepassage of this ordinance and ceases such operation for any period of time shall.thereafter, comply with this requirement that drive-through services are prohibited duringcertain hours.5.2-9 LocationDrive-through facilities shall be located to take advantage of the first available alternativein the following prioritized list:1. Interior side or rear yard when either yard abuts a non-residential use:2. Street side yard when the interior side and rear yard abut an existingresidential use or a "Neighborhood" zoning district. or when abutting a nonresidentialuse. the interior side and rear yard are impractical due to the lot'sphysical constraints or concerns regarding vehicle and pedestrian safety.5.2-10 LightingLighting shall be shielded in accordance with the General Development Standards forlighting.5.2-11 Landscape and BufferingU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:\PiaAAiAgiZaAiAg OrdiAaAseiZaAiAg revisiaAs~ Page301)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5Landscaping and Buffering: The drive-through. drop off or drive up facility shall bebuffered and visually screened from residential development with a masonrv wall andlandscaping of(a) When a multifamily or non-residential development is adjacent to land usedor zoned for single-family or two-family development the combination offencing and plantings help disperse sound waves. therefore:(1) A minimum 2-inch diameter tree per 20 linear feet shall be planted alongthe common property line of the single-family or two-family property. Avarietv of native tree species shall be used. Shade trees must be used.unless near utilitv lines where ornamental trees must be used. All newtrees shall be provided with a permeable surface of 60 square feet pertree under the drip line. All planting areas shall be a minimum of five feetin width.(2) A minimum of one 24-inch high native Texas bush/shrub per 5 linearfeet. Plantings may be clustered in the buffer area.(3) Maintenance. See Section 5.2-1 (9) Maintenance.(4) Parking Areas visible from the public street must be screened byhedges/shrubberies which will be a minimum of 36 inches high withinthree years of planting.(b) Sidewalks of six feet width. abutting the curb. will be installed when nosidewalk exist.(c) Front yard landscaping.(1) The front yard setback must maintain a 50 percent permeable surface.Of that area. 50 percent must be living plant material.(2) There must be a minimum of one shade tree per 25 linear feet of streetfrontage.(d) Trash cans shall be located in the rear yard and screened from view from thepublic right-of-way.)5.2~. Landscaping, tree preservation, public trees, screening, fences, buffering and lighting.5.2~-1. Landscaping, tree preservation, public trees and screening. Move definitions tobeginning of ordinance definitions.(a) DefiRitieRs. Fer the purpeses ef this Seetien, the following terms shall havethe speeial meanings aseritled to them tlelow, whish shall go\-ern in ease of anyeonfliet with other definitions set forth in this Code:CorporatioR ineludes any oftieer, employee or agent of a eorporation.DepartmeRt means the department, division or personnel otherwise designated tly the oily manager toadminister or enferee any or all ef the previsions of this Chapter.Drip liRe means a vertiealline extending from the outermost portion of the tree eanopy to the ground.GovemmeRtal ageR&y means any department, agent, or employee of the City of Ne>.\'Braunfels, County of Comal, State ef Texas, United States Go•Jernment as •Nellas any putllie utility, sehool distriet or other politieal sutldivision of the State ofTaxa&.-Heritage tree means any tree attaining a eireumferenee of one half of thestate reeord fer that tree speeies as defined tly the Texas Fares! Serviee erU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:\PiaAAiAgiZaAiAg GFEiiAaAse\ZaAiAQ revisiaAs~ Page302)

)Zoning Ordinance- effective Nov. B, 2006 Sec. 5havin!l a tnmk oiroumferenoe of 7§ inohes or more (at:Jout 24 inohes in diameter)measures four anEI one half feet (4 %') at:Jove the !JrounEI.Lanflseaped area means the area of a lot •...,hioh is ElevoteEI to anEI oonsists of lllant material aEialltat:Jie tothis re!Jion, inoluEiin!l t:Jut not limited to trees, shrut:Js, !Jrass, vines, !JrounEI oover,anEI other lllant materials, alon!J with lllanters, t:Jriok, stone walkways, naturalforms, '"'ater forms, anEI other lanEiscalle features, t:Jut not inoluEiin!l any lla'leEIarea of smooth concrete or asllhaltOak v:Ut means a disease oauseEI t:Jy the fun!Jus Ollhiostoma fa!laoearum (Ceratooystis fa!jaoearum).Owner is the person or entity havin!J le!Jal title to the property or a lessee, a!Jent, employee or otherperson aotin!l on t:Jehalf of the title holaer with authorization to Elo so.PaFkinglet means a paved surfaoe Elesi!JneEI anEI ordinarily useE! for parkin!! of employee anEI oustomerllassen!Jer vehioles. The term Eloes not inoluEie llarkin!l !jara!jes or any areaused for the sale, Elislllay or stora!Je of motor vehioles or areas where vehioleElealershillS !lark their inventory.Planning /JireeteF means the Direotor of Plannin!l anEI Community De•

Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(3) Trees sf Central Tf»fas, I:Jy Rsi:Jert A. Vines, UniveFsity sf Texas Press,Austin, 1984.(4) Lanfla ,Qark Ar9sreU-Jm, HaFF)' Landa Self Guidin§ TFee TFail and Growin!:JGuide, pui:Jiished I:Jy Landa PaFk, New Braunfels, Texas.Tree Ganspy GaveFage insludes the !JeFGenta§e ef the paFkin§ let aFea se\'eFedI:Jy the tree sanopy. The aFea of the tFee sanopy is the sum of the dFip lineareas of all trees 'Nithin the let !Jius the pertien of the dFip line aFea that lieswithin the let feF tFees en the peFimeteF ef the let.Trunk G!roumfereRGe is the distanse amund the tFunk ef a tFee measuFed six+,inshes (6") ai:Je•Je the f:JFeund feF tFees te I:Je !Jianted and feuF and ene halffeet (4 %') ai:Jeve the !:JFeund feF existin§ tFees. In the ease ef multi tFunktrees, the trunk simumfeFense ef the tFee as a whele is the sum ef thesimumferenses ef the tws laF§est individual trunks.Formatted: Indent: Left: 1.44", Hanging:0.36", Tab stops: 1.05", Left..... _!Formatted: Indent: Left: 1.44", Hanging:0.36"Formatted: Indent: Left: 1.44", Hanging:0.36", Tab stops: 0. 76" LeftXeFisGape is a set of !:JaFden desi§n and landssa!Je maintenanse pFinsiples that!JFOmote !:JOOd hortisultuFal prastlses, effisient use of water, and meanswateF sonservin§ dFOU§ht toleFant landssapin§.(b) Jurisdiction. The terms and provisions of these regulations shall apply to thecity limits of the City of New Braunfels.(c) Landscaping.(1) Purpose. Landscaping is accepted as adding value to property and isin the interest of the general welfare of the City. The provision oflandscaped areas also serves to increase the amount of a property that isdevoted to pervious surface area which, in tum, helps to reduce theamount of impervious surface area, storm water runoff, and consequentnon-point pollution in local waterways. Therefore, landscaping ishereafter required of new development as provided in this Section, exceptlandscaping is not required for single-family and two-family, andagricultural uses.l(2) Scope and enforcement.A. The standards and criteria contained within this Article aredeemed to be minimum standards and shall apply, as of theeffective date of this Section (August 29, 2005), to all newconstruction requiring a building permit (including uses such asschools, day care centers, and churches) as well as City andCounty uses occurring within the City, except that single-familyor two-family dwellings shall be exempt. Additionally, anySpecial Use Permit or a PO zoning application for those usesthat are not single-family or two-family dwellings, must complywith these landscape standards unless special landscapingstandards are otherwise provided for in the ordinanceestablishing the SUP or PO district.B. The provisions of this Article shall be administered by thePlanning Director.C. For all landscaping installed as a requirement of this Section, ifat any time after the issuance of a certificate of occupancy, theapproved landscaping is found to be not in conformance with theU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:'. 0 1aAAiAgl2aAiAg GFaiAaAea\ZeAiAg FevisiaAs~ Page304

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5standards and criteria of this Article, the Planning Director shallissue notice to the owner, citing the violation and describing whataction is required to comply with this Article. The owner shallhave 90 days from date of said notice to establish/restore thelandscaping, as required. If the landscaping is notestablished/restored within the allotted time, then such personshall be in violation of this Ordinance.D. Existing Development.1. No additional landscaping shall be required when abuilding is enlarged on an existing tract-or lot.2. Where a parking lot is being enlarged, only the parkinglot area being added shall be required to meet thestandards of this Section. For instance, if a parking lot isexpanded in an area not adjacent to a street, no streetyard landscaping is required, and only the area beingadded would be subject to the parking lot shadestandards.(3) Permits and Certificate Of Occupancy.A. Permits. No building permit shall be issued until a landscapeplan, as provided for in Section 5.2-1(c) (4), is submitted andapproved by the Planning Director. A landscape plan shall berequired as part of the building permit application submission forall applicable properties.B. Certificate of Occupancy. Prior to the issuance of a certificate ofoccupancy for any applicable building or structure, alllandscaping shall be in place in accordance with the landscapeplan, unless a temporary certificate of occupancy is issued inaccordance with the provisions of this Article.C. In any case in which a certificate of occupancy is sought in whichthe Planning Director-determines that it would be impractical (toowet, too dry, too hot or too cold) to plant trees, shrubs orgroundcover, or to successfully establish turf areas, a temporarycertificate of occupancy may be issued provided there isagreement between the property owner and the PlanningDirector as to when installation will occur. All landscapingrequired by the approved landscape plan shall be installed withinsix months of the date of the issuance of the temporarycertificate of occupancy.(4) Approval procedures.A. Approvals. The Planning Director, or his designee, shall reviewand approve or disapprove such landscape plan within 10 daysof the receipt of an application for a building permit andlandscape plan. If the landscape plans are in accordance withthe criteria of these regulations, the Planning Director shallapprove same. If the plans are not in conformance, they shall bedisapproved and shall be accompanied by a written statementsetting forth the changes necessary for compliance.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'PiaRRiRgiZeRiRg Qr~iRaRee\ZeRiRg revisieRs~ Page305)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5B. Alternate Landscape Plan. The Planning Director may approvean alternate landscape plan. The applicant shall demonstratethat the reasons for the reduction in landscaping or deviationsfrom other provisions of this Section are appropriate, why thealternative plan is appropriate, and why it is consistent with thepurposes of this Section. The Planning Director for any reasonmay forward the alternate landscape plan to the Zoning Board ofAdjustment for its consideration.C. Appeal.1) If the Planning Director disapproves the landscape planor alternate landscape plan, appeal may be made inwriting to the Zoning Board of Adjustment. Such appealmust be made within 90 days of the Planning Director'sdenial. The Zoning Board of Adjustment shall have theauthority to approve the existing plan or to approve analternate landscape plan. The applicant shalldemonstrate reasons the reduction in landscaping orother site design features are appropriate. The ZoningBoard of Adjustment shall make a decision on allappeals within 60 days of the date of appeal application.A simple majority vote of the members present isnecessary to approve or approve with conditions analternate landscape plan.2) Other appeals concerning the interpretation of thisSection by any city official shall be processed andconsidered in accordance with the zoning ordinance.D. Alternate Landscape Plan Criteria. The Planning Director and theZoning Board of Adjustment shall use the following criteria andstandards when considering an alternate landscape plan:)1) The landscape standards are not intended to be sospecific as to inhibit creative development. Projectconditions associated with individual sites may justifyapproval of alternative methods of compliance.Conditions may arise where normal compliance isimpractical or where the aesthetic and environmentalpurposes of this Section can be better achieved throughalternative compliance.2) Conditions which shall be considered when evaluatingalternative compliance include:a) Topography, soil, vegetation, drainage, andother site conditions are such that fullcompliance is impractical.b) Improved environmental quality would resultfrom the alternative plan.c) The land is unusually shaped.d) Public safety is a consideration.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxbi:\PiaAAiAOIZBAiAO OrdiAaAsa\ZaAiAO revisiaAs~ Page306)

)Zoning Ordinance- effective Nov. 8, 2006Sec. 5e)Conformity to and compatibility with the existingcharacter of the surrounding or nearby arealend themselves to alternative compliance.3) If proposed landscape plan calls for a reduction of thelandscape requirements by more than 25%, theproposed plan shall not be considered an alternate planbut rather a variance. This will require application for avariance. An affirmative vote of four members of theZoning Board of Adjustment shall be required to approvea variance or a variance with conditions.E. Variances. Variances to provisions of this Section shall beprocessed and considered in accordance with the zoning ordinance.(5) Landscape Plan. Landscaping plans shall contain the followingminimum information:A. Minimum scale of one inch equals 100 feet; show scale in bothwritten and graphic form.C. Location, size and common name of existing trees that aregreater than or equal to an eight inch diameter measured 4 W abovethe ground, except those listed in Appendix B. Any tree which isproposed to be saved as credit for the landscaping requirements inthis Article shall also be shown.D. Location, size (container size, planted height, etc.) and commonname of all trees and shrubs to be planted as part of the landscapeplan.E. Location and design of all landscaping materials to be used,including paving, screens, earthen berms and ponds.E. Spacing of plant material where appropriate.F. Layout and description of irrigation, hose bibs, or water systemsincluding location of water sources.G. Description of maintenance provisions.H. Name and address of the person(s) responsible for thepreparation of the landscape plan including the name and address ofthe project.I. North arrow/symbol.J. A legible location map showing where the property is located.K. Dumpster and outside trash receptacle areasL. Fences by height and material and any other screening devicesor vegetation.M. Date of the landscape plan.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRijl£eRiRQ Or~iRaRseiZeAiAQ revisieAs~ Page307)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5The Planning Director may waive any of this information.(6) General standards. The following criteria and standards shall apply tolandscape materials and installation:A. Landscaping materials such as wood chips, mulch or gravel maybe used under trees, shrubs and other plants.B. Plant materials shall conform to the standards of the currentedition of the "American Standard for Nursery Stock" (as amended),published by the American Association of Nurserymen. Grass seed,sod and other material shall be clean and reasonably free of weedsand noxious pests and insects. All landscaping shall be selected fromthe approved plant list in Appendix A.C. Grass areas shall be sodded, plugged, sprigged, hydro-mulchedand/or seeded, except that solid sod or other erosion control devicesshall be used in swales, earthen berms or other areas subject toerosion.D. Ground covers shall be planted in such a manner as to present afinished appearance and reasonably completed coverage within oneyear of planting.E. Preserved tree credit.Any trees preserved on a site meeting the herein specifications maybe credited toward meeting the total tree requirement of this Article,according to the following table:)Diameter of ExistingTree measured4.5' above ground0" to 2%"2% "to 8"B"to 24"24" or moreCredit TowardTree RequirementNo creditOne (1") inch credit for everyinch of diameter of existing treeTwo (2") inches of credit forevery inch of diameter ofexisting treeThree (3") inches of credit forevery inch of diameter ofexisting treeEvery 2% inches of tree credit shall equal one (1) required tree.However, in no case shall the number of required trees in theresidential buffer be decreased below the minimum number asrequired in this article.Should any required tree designated for preservation in thelandscape plan die, the owner shall replace the tree with a one andone half inch (1 %") minimum diameter tree measured six inchesabove the ground.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAHIZSAiAH OF

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5F. Earthen berms shall have side slopes not to exceed 33% (threefeet of horizontal distance for each one foot of vertical height). Allberms shall contain necessary drainage provisions as may berequired by the City's Engineer.G. Utilities. No trees or other landscaping may be planted on publicor private property that will mature within ten lateral feet of anyoverhead utility wire, or over or within five lateral feet of anyunderground water line, sewer line, electric line or other utility.Ornamental trees as listed in Appendix A shall be installed in theaffected landscaping areas as required, including street frontagetrees and shrubs in accordance with Section 5.2-1 (c)(7)A(2).(7) Minimum landscaping requirements.A. Parking lot Screening and Landscaping. See illustrations 9 and10. Subject to the provisions of Section 5.2-1, the followinglandscaping is required for parking lots:1) Street frontage landscape buffer area.Where a parking lot is adjacent to and within 50 feet of publicstreet right-of-way, a minimum five-foot landscape bufferadjacent to the right-of-way of any street is required. Lotsadjacent to two streets or more shall be required to observe thefive-foot buffer on all frontages. Trees within street rights-of-wayshall not count toward the number of trees required for adevelopment site, unless approved by the Planning Director.2) Street frontage trees and shrubs.Where a parking lot is adjacent to and within 50 feet of publicstreet right-of-way, a minimum of one minimum 1 %" diametertree and four five gallon or three foot tall shrubs for every 40 feet(or portion thereof) of street frontage shall be installed usingtrees from the approved plant list (Appendix A). Shade treesmust be used, unless near utility lines where ornamental treesmust be used, as required in Section 5.2-1(c)(6)G. Trees shallbe planted no closer than 20 feet apart. In no event may treesother than ornamental trees listed in Appendix A be plantedunder overhead power lines. All new trees shall be provided witha permeable surface of 60 square feet per tree under the dripline. All planting areas shall be a minimum of five feet in width.3) Parking lot shading.A minimum of one minimum 1 %" diameter tree per 14 parkingspaces shall be planted in or adjacent to a parking lot. Shadetrees must be used, unless near utility lines where ornamentaltrees must be used, as required in Section 5.2-1(c)(6)G. Alltrees shall be planted in a minimum permeable area of 100square feet per tree. These trees may be clustered and are inaddition to the required street frontage trees. This paragraphdoes not apply to a parking lot that is located further than 300feet from public street right-of-way or otherwise obstructed fromview from a public street.4) Turf.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZaAiAg OrdiAaAGe\ZaAiAg re\•isiaAs2ll-14.daG Page 309)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5No more than 30% of the parking lot landscaped area, notincluding detention ponds, shall be turf grasses, except buffaloand prairie grasses may be planted. Xeriscaping is preferred.5) Residential buffer.Where a multifamily or non-residential development is adjacentto land used or zoned only for single-family or two familydevelopment, a six foot (minimum) to eight foot (maximum) wee4Sf-masonry wall plus one minimum 1 %" diameter tree for 25linear feet, or part thereof, of property shall be built and plantedalong the common property line of the single-family or two-familyproperty. Shade trees must be used, unless near utility lineswhere ornamental trees must be used, as required in Section5.2-1(c)(6)G. All new trees shall be provided with a permeablesurface of 60 square feet per tree under the drip line. All plantingareas shall be a minimum of five feet in width.B. Trash and Dumpster screening.All trash receptacle or dumpster areas visible from a public street,or single-family or two-family dwellings, or from land zoned for onlysingle-family or two-family dwellings, shall be completely screenedby wood, masonry or solid vegetation so that the trashreceptacle(s) or dumpster cannot be seen from a public or privatestreet or a single-family or two-family dwelling.U:\Pianning\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiA~IZeAiA~ OrdiAaAse\ZeAiA~ revisieAs~ Page310

)Zoning Ordinance- effective Nov. 8, 2006Sec.5DumpsterScreeningMust Not BeSeen from Roador Residential6' SidewalkSightDistanceTriangle~40'*Only ornamental trees maybe planted under power lines.ILLUSTRATION 9Landscaping Requirements- Rear Parking LotU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAO'.!aAiAO OrsiAaAGa'.!aAiAO ravisiaAs~ Page311)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5)*Only ornamental trees may25 50 100 Feetbe planted under power lines. t--t---t--1---!---1----il--+----i fleV1Ud8/16JOiiILLUSTRATION 10Landscaping Requirements- Front Parking LotU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiAg OmiAaAseiZeAiAg r~wisieAs~ Page312)

)/Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(8) Sight distance and visibility. To ensure that landscape materials donot constitute a driving and pedestrian hazard, a "sight triangle" will beobserved at all street intersections, street and alley intersections, andintersections of driveways with streets. Within the "sight triangle", nolandscape material, wall, or other obstruction shall be permitted betweenthe height of two and one half (2 %) feet and seven feet above the street,alley or driveway elevation. The sight triangle shall consist of thefollowing; or other dimensions having a similar effect when intersectionsare not 90 degrees.StreetUncontrolled * street with two or fewer throughlanes in one directionControlled street with two or fewer throughlanes in one direction, driveways and alleysUncontrolled street with more than three lanesin one directionLength of triangle sidealong the curb on outeredge of the shoulder25 feet15 feet40 feet*uncontrolled street means a street without a yield, stop, or traffic signal at the intersection.See the following diagrams:I ILLUSTRATION 11 Iljl.h:on:roiEdSireetor'74~""streetv.thMorethenTtvee Ctrbor erEd}eTtvru;lllaneslnOMVYe:'/40' 40'~ .....15' 15'I"'""·"""' Wdh~•• o!II>~I"""""'IILLUSTRA TION 121II·\Piannjnp\7onjnq Ordjnance\Amendments 2012\Znnjnp revjgjons 2012 docx' 1·'P'aoning\ZCSiOO Qrr1iO?PGclzogipg m•'ipjapp~ Page313 Page313)

)Zoning Ordinance- effective Nov. 8, 2006Sec.5(9) Maintenance.A. The owner, tenant and/or their agent, if any, shall bejointly and severally responsible for the maintenance of alllandscaping. All required landscaping shall be maintained in aneat and orderly manner at all times. This shall include, but not tobe limited to, mowing, edging, pruning, fertilizing, watering,weeding, and other such activities common to the maintenance oflandscaping. Landscaped areas shall be kept free of trash, litter,weeds, and other such material or plants not a part of thelandscaping. All plant material shall be maintained in a healthyand growing condition as is appropriate for the season of the year.Plant materials which die shall be replaced with plant material ofsimilar variety, within 120 days. Trees having a trunk diameter ofno less than one and one half inches (1 %") measured six inchesabove the ground may be used to replace dead trees. A timeextension of six months may be granted by the Planning Director,if substantial evidence is presented to indicate abnormalcircumstances beyond the control of the owner.B. All landscaped areas shall be irrigated, unless waived bythe Planning Director for xeriscaped landscaping or wherepreserved landscaping is established. An underground automaticdrip or bubbler system is preferred. If spray type irrigation headsare used, irrigation spray outside of the landscaped area isprohibited. Landscaped areas located more than 100' from anoutside hose bib (faucet) are required to have an undergroundautomatic irrigation system.C. Clearance.1) Over sidewalks and rights-of-way.It shall be unlawful for any tree, shrub, vine, palm or anysimilar plant of any description or kind to be grown,maintained or cultivated in such a manner that any portion ofsuch tree, shrub, vine, palm, or other plant may overhang orobtrude upon or over any sidewalk and/or the city right-ofwaybetween the curb line and the property line of anybusiness, commercial or residential property, unless there isa full seven-foot clearance between the surface of allportions of such sidewalk or right-of-way and theoverhanging tree, limb, shrub, vine, palm or plant of anydescription or kind.\)2) Over streets.It shall be unlawful for any tree, shrub, vine, palm or anysimilar plant of any description or kind to be grown,maintained or cultivated in such a manner that any portion ofsuch tree, shrub, vine, palm, or other plant may overhang orobtrude upon or over any street or highway in the city,unless there is a full 12 foot clearance between the surfaceof all portions of such street or highway and the overhangingtree, limb, shrub, vine, palm or plant.3) Near fire plugs.It shall be unlawful for any tree, shrub, vine, palm, hedge orany similar plant of any description or kind to be planted,culthrated, grown or permitted to he planted cultivated orU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:\PiaAAiAgiZc:miAg OFdiAaAGe\ZeAiAg revisieAs~ Page314 Page 314

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5grown between the sidewalk and/or the city's right-of-wayand the curb or ditch line on any street or highway at alesser distance than 10 feet from any fire plug in the city;provided, however, that all shade trees growing prior toMarch 10, 1975, between the sidewalk and/or the city'sright-of-way and the curb on any public street or highway inthe city less than 10 feet from any such fire plug shall not beaffected by the terms of this section.D. Failure to maintain any landscape area in compliance with thisArticle is considered a violation of this Article and may be subject topenalties of this ordinance.E. The provisions of this Article are subject to the provisions ofChapter 130 of the Code of Ordinances of the City of NewBraunfels. However, trees or other landscaping which die or whichmay be permanently damaged for lack of water during periods ofrequired water conservation must nevertheless be replaced inaccordance with the provisions of this Chapter.(et@ Tree protection and tree removal(1) Purpose. The purpose of this Article is to protect existing protectedand heritage trees.(2) General provisionsA It shall be unlawful for any person or corporation torecklessly remove, or cause the removal of any protected orheritage tree without first submitting the appropriate application fora permit and securing approval in the form and manner specifiedby this Chapter.B. A tree removal permit is not needed if:1) The protected or heritage tree(s) to be removed islocated on property zoned or used for agricultural orsingle-family or two-family dwellings.2) Tl:le i')FOteeteeJ OF i:leFi!a!:je tree(s) to Be FOR'lO'Jeel isloeateel oR I'JFO!')erty wl:lere tl:le aelelitioR of OF reRO\'atioRof aR existiR!:J RORFesieleRtial OF R'lllltifaR'lily FesieleRtialBlliiEliR!:J Elees Ret exeeeel 2,§QQ sql!are feet.3) The protected or heritage tree(s) is diseased orsustained damage, which was not recklessly inflicted bythe owner, his agents or employees, in the form of abroken trunk, broken limbs or uprooting, which creates ahazard to life or property.4) The tree(s) to be removed is one of those listed inAppendix B.5) The protected or heritage tree(s) to be removed isremoved by a governmental agency in the scope of itsauthority.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianningllening OrdinanGellening re•1isiens~ Page315 Page 315)

)Zoning Ordinance- effective Nov. 8, 2006Sec.S(3) Tree removal permit approval authority and appeal.A. The Planning Director shall have the authority to approve atree removal permit.B. If a request to remove a protected or heritage tree(s) is deniedby the Planning Director, the applicant may appeal the denial tothe Zoning Board of Adjustment by filing written notice of suchappeal, along with a nonrefundable fee of $75.00, with the City,within 90 days of the notice of denial. The hearing shall beconducted in compliance with the Texas Open Meeting Act.C. The Zoning Board of Adjustment may seek the testimony of aqualified arborist. If such expert testimony is requested by theBoard, it shall be provided by the City.D. The decision of the Zoning Board of Adjustment shall be final.(4) Application for tree removal permit.A. An application for tree removal permit must provide thefollowing information:1) The location of the tree.2) The trunk circumference of the tree.3) The approximate drip-line area of the tree.4) The species/common name of the tree.5) The reason for removal.6) The Planning Director may require a professionalarborist's report that defines the impact of thedevelopment upon existing trees affected by proposedconstruction. This report shall further define methods oftree protection during construction, impervious coverlimitations adjacent to protected trees, proposal for treereplacement, and maintenance requirements for newplanting.7) Such other information as may be required by thePlanning Director.B. Where practical, an application for protected or heritage treeremoval shall be combined with any other applications and siteplans required for development projects.C. Failure to provide any of the above and foregoing informationmay constitute the sole grounds for denial of the permit.(5) Action on application for tree removal permit.A. The following actions shall occur upon receipt of anapplication:1) Upon receipt of an application to remove a protectedor heritage tree, the Planning Director or his designee shallpromptly inspect tbe tree to he removed and shall approveU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'.OiaRRiRg\ZeRiAg OFdiRanse\ZeAiRQ Fe"isiens~ Page316Page316)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5or deny the application in accordance with the provisions ofthis Article. Approval is automatically granted within 30 daysif the application is not otherwise formally denied during the30 day review period.2) The Planning Director shall approve an applicationfor the removal of a protected or heritage tree when a validapplication is received and a determination is made that:a. The tree is so located as to prevent reasonableaccess to the property or as to preclude reasonable andlawful use of the property; orb. The tree is dead, dying or diseased such thatrecovery is not practicable, or that an infestation is likely;orc. The tree constitutes a hazard to life or propertywhich cannot be mitigated without its removal.(6) Protection measures.A. Prior to construction or land development, four-foot highsafety fencing shall be installed around the root protection zone ofa protected or heritage tree that is to be preserved.The root protection zone is an area with a radius of one-half (1/2)foot for each inch of trunk measured four and one-half feet abovethe ground, or if branching occurs at four and one-half feet, thediameter is measured at the point where the smallest diameterclosest to the branching occurs. The zone need not be exactlycentered around the tree or circular in shape, but it should bepositioned so that no disturbance occurs closer to the tree thanone half (1/2) of the radius of the zone or within five feet of thetree, whichever is less. For any tree or groups of trees, the zoneneed not exceed 1 ,000 square feet in size. The radial rootprotection zones of trees may overlap one another so that the areaof protection required for one tree may be shared by the area ofprotection required for another tree to minimize the total squarefootage of protected area where possible.B. During construction, the cleaning of equipment or materialsand/or the disposal of any waste material, including, but not limitedto paint, oil, solvents, asphalt, concrete, mortar, etc., under thecanopy or drip line of any protected tree shall be prohibited.C. No attachments or wires of any kind, other than those of aprotective nature, shall be attached to any protected tree.D. Grading or fill in an area under the drip line of a protected treeshall be prohibited unless approved by the Planning Director andCity Engineer. If grading or filling were to occur within five feet ofthe protected or heritage tree to be preserved, a retaining wall ortree well of rock, brick, landscape timbers or other approvedmaterials shall be constructed around the tree no closer than thedrip line of the protected tree. The top of the retaining wall or treewell shall be constructed at the new grade.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\ 0 IaRRiRQIZ9RiRQ OR:liRaRGe\ZQRiRQ Fe•Jisi9RB~ Page317 Page317)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(7) Tree replacement.A. The Planning Director may require as a condition for approvalthat replacement trees be planted. Replacement trees must be ofthe species placed on the Approved Plant List (Appendix A).Shade trees must be used, unless near utility lines whereornamental trees must be used, as required in Section 5.2-1(c)(6)G. Standards for planting shall conform to current TexasForest Service standards. Planting requirements shall conform tothe following:1) Replacement trees shall have a diameter of at leastone and one half (1 %) inches.2) Tree replacement must occur within 12 months ofthe removal of a protected or heritage tree.3) Replacement trees that do not survive for a period ofat least 12 months shall be replaced by the originalapplicant for removal until they survive a 12-monthperiod.4) If 10 or more replacement trees are required, nomore than 25% of the trees shall be of the samespecies. The replacement trees shall be of any of thespecies described in Appendix A.5) No artificial plant materials may be used to satisfythe requirements of this Article.B. Determination of the number of replacement trees shall becalculated in accordance with the following procedure:1) The trunk circumference, in inches shall be recordedfor each healthy protected or heritage tree to beremoved.)(f) M Penalties.2) Where more than one healthy protected or heritagetree is to be removed, the respective trunkcircumferences shall be added together to produce atotal aggregate value expressed in circumferenceinches.3) Replacement trees of sufficient number and trunkcircumference shall be provided to produce a totalaggregate value of 50% of the total aggregate value ofthe healthy protected or heritage tree(s) to be removed.C. If the Planning Director determines that it is not practical toplant the number of replacement trees required at the removalproperty, then the Planning Director may require only the amountof trees that are practical at the removal property.Penalties. The violation of any prov1s1on of this Section shall be amisdemeanor and shall be punishable, upon conviction, by a fine of notmore than $2,000.00.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU: 1 .01aAAiAg\ZQAiAg OFdiAaAs&\ZeAiAg re>JisieAs~ Page318 Page318)I

)Zoning Ordinance- effective Nov. B, 2006Sec. 5APPENDIX AAPPROVED PLANT LIST*denotes recommended species.SHADEScientific Name* Carya il/inoensis* Catalpa bignoniodes* Ehretia anacuaFraxinus Pennsylvania* Fraxinus texansis* Jug/ans majorJuglans microcarda* Juglans nigra* Maclura pomifera* Magnolia grandiflora* Platanus mexicanaPlatanus occidentalis* Quercus buck/eyi (texana)* Quercus canbyi* Quercus durandii* Quercus FusiformisQuercus g/aucoides* Quercus gravesii* Quercus laceyi (g/aucoides)* Quercus macrocarpaQuercus mohriana* Quercus muh/enbergii* Quercus po/ymorphaQuercus pungens var. vaseyana* Quercus virginianaQuercus texana* Sapindus drummondii* Taxodium distichum* Taxodium mucronatumTilia caroliana* Ulmus Americana* Ulmus crassifoliaCommon NamePecanCatalpaAnaquaGreen ashTexas ashArizona WalnutNogalillo, river walnutBlack walnutOsage Orange, Bois d'Arc,MagnoliaMexican sycamoreTexas sycamoreTexas red oakCanby's oakDurand oakEscarpment live oakLacey oakChisos red, GravesLacey's oakBur oakShin oakChinkapin or Chinquapin oakMexican live or Monterrey oakVasey oakSouthern live oakRed oakSoapberryBald cypressMontezuma cypressCarolina basswoodAmerican elmCedar elm)ORNAMENTAL*Acacia roemerianaRoemer's acacia* Acer grandidentatum Big tooth mapleArbutus xalapensisTexas madrone* Bauhinia congesta Anacacho orchid tree* Cercis canadensis var. texensis Texas or Oklahoma redbud* Cercis reniformis Mexican redbud*Chilopsis linearisDesert willow* Condalia hookeri Condalia, brazilCordia boissieriWild olive, Mexican wild olive* Cotinus obovatus American smoketree* Diospyrus texana Texas persimmon* Eriohotcya japonjca I oq,,at (exotic)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU: 1 .01aRRiRg\ZeRiRO ORliRaRGel£eRiRQ FO\•isieRs2IJ.1..HieG Page 319 Page 319

Zoning Ordinance- effective Nov. 8, 2006Sec. 5* Fraxinus cuspidateHamamelis virginiana* 1/ex deciduas1/ex vomitoria* Jug/ans microcarpa* Koe/reuteria bipinnata* Lagerstroemia indica, fauriei, & X's* Leaucaena retusaMalussp.* Myrospermum sousanumParkinsonia aculeate* Pistacia texensisPrunus barbonia* Prunus carofiniana* Prunus mexicana* Prunus virginiana* Pyrus calleryanaPyrus ioensis* Rhamnus caroliniana* Rhus /anceolataRhus virens* Sophora affinis* Sophora secundiflora* Ungnadia speciosa* Viburnum rufidulumVitex agnus-castusZizyphus jujubaEVERGREEN* Cupressus arizonica* Juniperus virginianaPinus cembroidesPinus e/darica* Pinus halepensis* Pinus pineaPALMS* Chamaerops humilius* Phoenix canariensis* Saba/ mexicana* Saba/ texana* Washingtonia filiferaFragrant ashWitch hazelPossum-haw hollyYaupon hollyLittle, Texas walnutGoldenrain tree (exotic)Crepe myrtle, etc. (exotic)Goldenball leadtreeBlanco crabappleArroyo sweetwoodRetama, Jerusalem ThornTexas pistacheRedbayCherry laurelMexican plumChokeberryCallery pear (exotic)Blanco crabappleCarolina buckthornFlameleaf sumacEvergreen SumacTexas sophora or Eve'sMountain laurel or mescal beanMexican buckeyeRusty blackhawLavender treeChinese date, JujubeArizona cypressEastern red cedarMexican pinyon pine, Remote pineAfghan pineAleppo pine (exotic)Italian stone pine (exotic)Mediterranean fan palm (exotic)Canary Island or false date (exotic)Mexican or Texas sabalPalm, sabal and dwarf sabalCalifornia fan (exotic))SHRUBS. VINES. AND HERBACEOUS PERENNIALSScientific NameAchillea millefoliumAgave americansAmorphia fruticosaAnisacanthus spp.Antigonon leptopusAquilegia spp.Asterspp.Bamboo spp.Berberis (Mahonia) trifoliataBerberis snoCommon NameYarrowCentury PlantAmorpha, lndigobushHummingbird BushCoral Vine, Rosa-De-Montana, Queens WreathColumbineAsterBamboo, non-invasive/clumpingAgarita, AgaritoAgarita Tx Barherr:yU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:~ 0 1aRRiRg\ZeRiRg OrdiRaRse\ZeRiRg FtwisieRs~ Page320Page320

)Zoning Ordinance- effective Nov. 8, 2006Sec. 5Bignonia capreolataBougainvilleaBuddleia spp.Caesalpinia gifliesiCaesalpinia mexicanaCaesalpinia pulcherrimaCaflicarpu americanaCallistemon sppCampsis radicans x "Madame Galen"Capsicum annuumCassia alataCassia spp.Cassia lindheimerianaCallirhoe involuerataCalylophus spp.Cephalanthus occidentialisChrysactinia mexicanaClematis pitcheri PurpleClematis texanis TexasClematis texensis ScarletCooperia drummondiiComus drummondiiCoursetia axillarisCrataegus spp.Crinumspp.Cuphea spp.Dasylirion spp.Dasylirion texanumDesmanthus illinoensis IllinoisDuranta repensEchinacea purpureaElaeagnus pungens vars.Eriobotrya x "Coppertone"Erythina crista-galliErythina herbaceaEupatroium spp.Euryops pecinatusEuryops pactinatusEysenhardtia texanaForesteriera pubeseebsGamolepis chrysanthemoidesGanya ovata lindheimer Mx.GaurasppGelsemium sempervirensGymnosperms gutinosumHamamelis virginianaHeimia salicifoliaHesperaloe parvifloraHibiscus coccineusHibiscus cardiophyflusHibiscus syriacusHymenoxys scaposaHypericum sppflex cornutaflex decidual!ex vomjtorjaCrossvineBougainvillaButterfly BushBird of ParadiseMexican Bird of ParadisePride of BarbadosAmerican BeautyBottlebrushTrumpet Vine,Trumpet CreeperChilipiquinCandlestick TreeCassiaLindheimer SennaWinecupCalylophusButtonbushDamianitaLeatherflowerClematisLeatherflowerRain LilyRough-Leaf DogwoodBaby BonnetsHawthornCrinum LilyCigar PlantsSotol, Desert SpoonSotolBundleflowerBrazilian Sky FlowerPurple ConeflowerSilverberryCoppertone LoquatFireman's Cap, Coral TreeCoral BeanMist FlowerGolden Shrub DaisyGrayleaf EuryopsKidneywoodTexas Elbow BushGolden Shrub DaisySilk TasselGuaraCaroline JessamineTatalenehoWitch hazelWillow-leaf HeimiaRed YuccaHibiscus, Texas StarHeartleaf HibiscusAlthea, Rose-of-SharonFour-nerve DaisySt. John's WortDwarf Chinese HollyPossum hawYauponU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PiaAAiAQI£9AiAQ OrdiAaAGei£9AiAQ re•JisieAS~ Page321 Page 321)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5flex vomitoria nanaDwarf YauponIpomea fitulosa BushMorning-GloryIpomoea quamoclitCypress (Cardinal) VineIpomoea sinuataAlamo VineIris sppIrisJasminium floridumItalian JasmineJasminum mesnyiPrimrose JasmineJatropha sppJatrophaJuniper sppJuniperJusticia brandegeanaShrimp PlantJusticia spp.Shrimp PlantJusticia suberectaMexican Shrimp PlantLantana spp.LantanaLeucophyl/um frutescensTexas Silverleaf, Sage, CenizoLiatris spp.GayfeatherLindera benzoinSpicebushLonicera albifloraWhite Bush HoneysuckleLonicera sempervirensCoral HoneysuckleMalpighia g/abraBarbados CherryMalvaviscus drummondiiTurk's CapManfreda spp Manfred a.Mascagnia spp.Butterfly VineMimosa bluncifera Cat Claw Mimosa, Fragrant MimosaMoraea spp.African IrisMyrica ceriferaWax Myrtle- Dwarf, StandardNandina domestics spp.Nand inaNandina domestics "nana" etc.Dwarf Nand inaParthenocissus heptaphyllaSeven Leaf CreeperParthenocissus quinquefoliaVirginia CreeperPassiflora allatocaerrulea (P. pfordtii)Passion VinePassifloria incarnatePassionflowerPavonia /asiopetalaRock RosePenstemon spp.PenstemonPhiladelphus sppMock OrangePhlox spp.Prairie PhloxPhysostegia spp.Obedient PlantPoliomentha longifloraMexican OreganoPistache texanaTexas PistachePlumbago auriculata (P. capensis)Blue PlumbagoPodocarpus macrophyllusYewPoliomentha /ongifloraMexican OreganoPrimrose spp.PrimrosePtelea trifoliolataHop TreePuncia granatumPomegranate (Regular & Dwarf)Phyracantha spp.Firethorn, PhyracanthaRosa BanksiaeLady Banksia RoseRosemarinus spp.RosemaryRuel/ia spp.MexicanPetuniasRusse/ia equisetiformisFirecracker PlantSaba/ minorPalmetto PalmSalvia spp.SalviaSalvia farenaceaeBlue Sage, Mealy SageSalvia greggiiAutumn SageSalvia reg/aMountain SageSalvia ballotaefloraBlue Shrub SageSambucus Canac/ensisFlderherr:yU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxld:\PiaAAiAgiZaAiAg OFdiAaAse\ZaAiAg Fe•.'isiaAs~ Page322 Page322)

)Zoning Ordinance- effective Nov. 8, 2006Sec.5Santo/ina spp.Scutelleria spp.Senecio confusesSolidago spp.Stigmaphyllon littoraleTagetes /IucidaTecoma stansTecoma capensisTeuerium /aciniatumThyra/lis glaucaTrachelospermum jasminoidesVauquelinia angustifloriaVibemum rufidulumViguiera stenolobaWisteria macrostachyaWisteria millettia veticulataYuccaspp.Yucca agustifoliaYucca constrictsYucca rupicolaYucca pendulaYucca thompsoniaYucca treculeanaZexmenia hispidiaSantolinaPink SkullcapMexican Flame Vine/Love VineGoldenrodButterfly VineMexican MarigoldYellowbells, esperanzaCape HoneysuckleDwarf GermanderYellow PlumbagoConfederate JasmineChisos RosewoodViburnum Rusty BlackhawSkelton-leaf goldeneyeTexas WisteriaWisteria, evergreenYuccasNarrow-leaf YuccaBuckley YuccaTwisted-leaf YuccaSoftleaf YuccaThompson YuccaSpanish DaggerZexmeniaScientific NameAptinia condifoliaAsparagus sprengeriAspidistra elatiorHedera canariensisJuniper spp.Lantana sppLiriope giganteaLiriope muscari varsOphiopogon japonicaRosemarinus officinales vars.Setcreasea purpureaTrachelospermum asiaticumTrachelospermum jasminoidesVerbena spp.Vinca majorVinca minorWedelia trilobataAcacia hirtaArtemesia spp.Dalea sppDyschorista linearisMarsilea macropodaOenothera speciosaPhyla humilisRivina humilisSedum acreStachys coccineaSymphoricapus orbiculatusGROUND COVERCommon NameHeart Leaf Ice PlantAsparagus FernAspidistra, Cast Iron PlantAlgerian IvyJuniperLantanaGiant LiriopeLily Turf, Liriope (Std., "Big Blue")Mondo Grass, Monkey GrassProstrate RosemaryPurple HeartAsian JasmineConfederate Jasmine, Star JasmineVerbenaLarge VincaSmall VincaWedeliaFern AcaciaArtemesiaDaleaSnake HerbWater CloverEvening PrimroseFrogfruitPigeonberryStonecropTexas BetonyCoralbercyU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxld:\PiaRRiAQIZ9AiAQ OFdiAaAGeiZeAiAQ Fe•tisieAs~ Page323 Page 323)

Zoning Ordinance- effective Nov. 8, 2006Sec. 5Thryallis augustifoliaThyallisORNAMENTAL GRASSES and GRASS-LIKE PLANTSScientific NameAgropyron smithiiAndropogon gerardiiBouteloua curtipendulaChasmanthium latifoliumErianthus giganteusMuhlenbergia capil/arisMuhlenbergia dubiaMuhlenbergia dubioidesMuhlenbergia dumosaMuhlenbergia lindheimerMuhlenbergia rigensMuhlenbergia reverehoniiNolinaspp.Panicum virgatumSchizaachyrium scopariumSchoenocaulon texanumSorghastrum natumsStipa tenuissima MexicanTripsacum dactyloidesCyperus altemifoliusCommon NameWestern WheatgrassBig BluesternSideoats gramaInland Sea OatsSugarcane Plume grassGulfMuhlyPine MuhlyWeeping MuhlyBamboo MuhlyLindheimer MuhlyDeer MuhlySeep MuhlyBeargrassSwitch GrassLittle BluestemGreen LilyIndian GrassFeathergrassEastern Gama grassUmbrella GrassAPPENDIXBUNDESIRABLE TREESScientific NameAcacia farnesianaAcer neg undoAilanthus altissimaAlbizia julibrissinBroussonetia papyrifera (L.) L=Her. ex. Vent.)Celtis laevigataEriobotrya japonicaFirmiana simplexFraxinus velutKoelrenteria paniculataJuniperus asheiLigustrum japonicumMelia azedarach L.Populus nigra ''ita/ica"Prosopis glandulosaPrunus salicinaPyrus cal/eryanaSapium sebiferumTamarix ramosissima Ledeb.Common NameHuisache or Sweet AcaciaBox ElderTree of HeavenMimosaPaper MulberrySugarberry or HackberryChinese Loquat or LoquatChinese ParasoiNarnish TreeArizona AshGolden-Rain TreeAshe-Juniper or Mountain CedarLigustrum or PrivetChinaberry treeLombardy PopularMesquiteJapanese PlumBradford PearChinese TallowSaltcedarU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:\PiaAAiAQIZaAiAQ OmiAaAsaiZeAiAQ ra•.•isieAs~ Page324 Page 324)

)Zoning Ordinance- effective Nov. B, 2006Sec. 55.~~2. Fences and Walls.(a) Maximum height of fence or wall:(1) Non-residential and multifamily: 8 feet.(2) 1 or 2 family: 8 feet.Ornamental features may be placed on top of the screening fence or wallso long as the features obstruct less than 50% of the opening on top ofthe fence or wall.(b) No fence or wall shall be constructed in any required front yard, except fencesand walls no taller than 36 inches unless the fence is at least 50% open, in whichcase the fence may be 4 Y. feet tall.(c) If an existing, legally non-conforming building has less than the requiredsetback, the front yard shall be measured from the front building line.(d) A fence from the front or rear corners of a building may extend through theside yard at the maximum height allowed.(e) Permit required. All fences and walls require building permits.(f) Public easement. Fences within public easements. Fences within a publiceasement shall have a gate or removable panel to allow for maintenance accessto such easement. The entity responsible for the public easement must approvethe fence.(g) Fences with drainage easements. Fences within a drainage easement shouldbe constructed in a manner to not restrict the flow of drainage water, asdetermined by the City Engineer or designee.(1) Fences may not be lower in elevation than the highest point on eitherside of a drainage easement, see illustration 13.(h) Where a multifamily or non-residential development is adjacent to land used or zoned+-'--.:_- {FOr-;;.;~~&;i"d------·-----,only for single-family or two family development, a six foot (minimum) to eight foot ' Formatted· Nu be ed L " 1. 1~ ·- · - -=

)Zoning Ordinance- effective Nov. 8, 2006Sec.5Fence may be no lowerin elevation than the highestpoint on either side ofdrainage easementDrainageEasement5.~~-3. Lighting and glare standards.Illustration 13 (needs to be updated)Fences within Drainage Easements)(a) Non-residential and multifamily.(1) Lighting limited. Any light fixture for non-residential or multifamilydevelopment shall be operated so as not to produce an obnoxious andintense glare or direct illumination across the bounding property line, andshall not be of such intensity as to create a nuisance or detract from theuse or enjoyment of adjacent property. All outside lights shall be madeup of a light source and reflector so selected that acting together, thelight beam is controlled and not directed across any bounding propertyline above a height of three feet. The allowable maximum intensitymeasured at the property line of a residential use in a residential zoningdistrict shall be 0.25 foot candles.(2) Outdoor lighting used to illuminate parking spaces, driveways,maneuvering areas, or buildings shall conform to the definition for "fullyshielded light fixtures" and be designed, arranged and screened so thatthe point light source shall not be visible from adjoining lots or streets. Noportion of the bulb or direct lamp image may be visible beyond a distanceequal to or greater than twice the mounting height of the fixture. Forexample, for a fixture with a mounting height of 12 feet, no portion of thebulb or direct lamp image may be visible from 24 feet away in anydirection. Light poles or wall-mounted fixtures shall be full-cutoff fixturesonly. All perimeter fixtures shall possess house-side shielding; bollardsshall be louvered and utilize coated lamps.(3) Setback or shielding requirements. Outdoor lighting fixtures areallnwpd wjtb no addjtjaoa! 11 hO!ISP-Sidp" gbje!djog jn accnrdaoc.e wjtb tbpU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRg\ZeRiRg OFdiRaRse\ZeRiRQ revisieRs~ Page326Page326

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5following formula: Height (H) < 3 + (D/3); where D equals the distancein feet from light source to the nearest residential lot line (extendedvertically). Additional "house-side shielding" shall be added in all caseswhere the Height (H) is greater than 3 +(D/3).HResidential Lotvertical extell$lon oflot line boundary"hoU$e-side shielding"Outdoor lighting fixtures Cll'e allowed withno additional"house-side shielding" inin accordance with the following formula:HEIGHT :s 3.+ (D/3},where [) : Distance in feet from light sourceto neore.st residential lot line (extendedvertically).Additional "house-side shielding" shall beadded in all cases where height > 3 + (1>/3).Illustration 14Light Fixture Setback/Shielding Diagram(b) Residential. Residential lighting for one or two family development forsecurity and night recreation use is permitted provided the followingrequirements are met:(1) Direct lighting over 10 feet in height must be shielded from adjacentproperty.(2) No light source shall exceed 20 feet in height. Street lights and othertraffic safety lighting are exempt from this standard.(3) Lighting shall not directly shine on adjacent dwellings.)!,g}__(G)--Luminaries. Light sources shall be of a down-light type, indirect, diffused, or shielded type+--­luminaries installed and maintained so as to reduce glare effect and consequent interference with!J·\PiannjnffiZonjnq Ordjnance\Amendments 2012\Zonjnp reyjgjons 2012 docx' '·'P'?CCiCg' 7 ocing gm;oaoce' 7 CCiPg re·'icisns~ Page327---------~---------~------..Formatted: Numbered + Level: 1 +Numbering Style: a, b, c, ... + Start at: 1 +Alignment: Left+ Aligned at: 0.25" + Indentat: 0.5''Page327

)Zoning Ordinance- effective Nov. B, 2006 Sec. 5use of adjacent properties and boundary streets. Strings of bulbs above 75 watts each andstrings of lamps are prohibited. Low wattage temporary lighting is permitted.+- - - -{ Formatted: Indent: Left: 0.5'' ~(d) .Where a multifamily or non-residential development is adjacent to land used or zoned for single-+--~_ ..lf== tted· F =.=========~]family or two family development .all canopies and awning lighting must be shielded from ', l~a • ant. Not Boldresidential uses or residential zoning. Formatted: Numbered +Level: 1 +, Numbering Style: a, b, c, ... + Start at: 1 +5.2~-4. ddditional R~s_id_entj~l buffering_ reguirements. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \ :!~g~~~nt: Left+ Aligned at: 0.25" +Indent(a) Residential §etbac&_...:',,'1 Formatted: Font: Not BoldEffecti•te Ne•.;emller 8~ 2006~ \vWhere-a non-=residenthil-buiTdTng-or a-multlfamiiY ..\ '' i Formatted: Font: Italicdevelopment of more than three units abuts a one or two family use or zoning \ ' Formatted: List Paragraph, outline numbereddistrict, the setback from the one or two family property line shall be at least 20 '~, + Level: 6 + Numbering Style: a, b, c, ... + startfeet plus one foot for each foot of building height over 20 feet. ,' at: 1 + Alignment: Left +Aligned at: 1.25" +' ' Indent at: 1. 5"''-~=====================~(b) Where a non-residential building or a multifamily development is adjacent to~, \l Formatted: Font: (Default) Arial, 10 pt, Italicresidential uses or residential zoning outdoor audio or speakers are prohibited. ',, l Formatted: Font: (Default) Arial, pt 10(c) Where a non-residential building or a multifamily development is adjacent to+, Formatted: List Paragraph, Outline numberedresidential uses or residential zoning outside music is prohibited \+ ,+ Level: 6 + Numbering Style: a, b, c, ... + Startat: 1 + Alignment: Left + Aligned at: 1.25" +~-----------------------------------------------------~\ \F.I~nd~e~n~ta~t=:~l.~S~"~===========~5.3. Accessory uses and structures.(a) General. Accessory buildings are subordinate buildings detached from the mainbuilding, the use of which is incidental to and used only in conjunction with the mainbuilding. Accessory buildings include, but are not limited to, an automobile storagegarage, storage building (for storage belonging to the owner or tenant), greenhouse orhome workshop, and shall not be utilized for human habitation.(b) Front yard/location requirement. Any accessory building hereafter constructed orplaced on any lot shall provide a front yard of 60 feet or shall be located behind the mainbuilding, whichever is less.(c) Side building setback requirement. Except for townhouses, there shall be a sidebuilding setback on each side of an accessory building not less than five feet. In the caseof a corner lot, the exterior side setbacks for the particular zoning district shall govern.Townhouse accessory building setback is a minimum of three feet.(d) Rear building setback requirement. The depth of the rear yard shall be at least threefeel. The building(s) shall not occupy more than 30 percent of the rear yard. In the caseof a through lot, the depth of the rear yard shall be 25 feet.(e) Height. The height of the accessory building shall not exceed the height of the mainbuilding.(f) Maximum number of buildings per lot. In no instance shall more than two detachedaccessory buildings be allowed on one lot.(g) Building spacing. There shall be a minim~m SI'Jaoin!l of 10 feet between any detaohedaooessery 13uildin!l and the main 13uildin!l and any ether 13uildin!l en the I'JFOI'Jerty. As peradopted Building Codes., ' Formatted: List Paragraph, Outline numbered\\ + Level: 6 + Numbering Style: a, b, c, ... + Start, " at: 1 + Alignment: Left + Aligned at: 1.25" +, '~, Indent at: 1.5"\ \l Formatted: Font: (Default) Arial, 10 pt\' Formatted: Left, Indent: Left: 0.5'', No\ bullets or numbering(FOr"matted: Indent: Left: 0"~)JU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxY:'PiaRRiROIZaRiRO OFdiRaRse\ZaRiRO re•JisiaRs~ Page32BPage32B)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(h) Accessory dwellings. A secondary living space that is on-site with a primary livingspace is allowed and may be contained within the same structure as the primarydwelling, or may be contained in a separate structure. A guest house and a garage loftare examples of accessory dwellings. No compensation may be paid for occupying theaccessory dwelling. Separate kitchen facilities such as a stove, oven or dishwasher arenot allowed in accessory i:ll.lil(!ings dwelling.(i) Accessory equipment requirements. Air conditioning compressors, swimming poolpumps and similar accessory structures shall observe all front and exterior side yardsetbacks specified for the particular zoning district in which the property is located. Aminimum interior side building setback and rear building setback of three feet shall beobserved. unless otherwise approved by the Building Official in accordance with the Citvadopted building codes~5.4. Home Occupation Regulations.(a) Purpose. Standards for controlling home occupations are set forth to mm1m1zeannoyance and inconvenience to neighboring property owners within residential areas.These standards are intended to allow reasonable and comfortable enjoyment ofadjacent and nearby property by their owners and by occupants of neighboringresidential dwellings, while providing opportunities for the pursuit of home-basedbusinesses.(b) Special Provisions for Home Occupations.(1) Home occupations shall be permitted as accessory use in all residentialzoning districts provided that they comply with all restrictions herein;(2) The occupation shall produce no alteration or change in the character orexterior appearance of the principal building from that of a residential dwelling,and performance of the occupation activity shall not be visible from the street;(3) Such use shall be incidental and secondary to the use of the premises forresidential purposes, and shall not utilize floor area exceeding 30% of thecombined gross floor area of dwelling unit and any accessory building(s) that areused for the home occupation (in no case shall the combined floor area utilizedfor a home occupation exceed 600 square feet);(4) The occupation shall not employ more than one person who is not a memberof the household in which the home occupation occurs;(5) Not more than one business-related commercial vehicle shall be present atone time;(6) The operation of such an occupation shall be between the hours of 8:00 a.m.and 9:00 p.m. for outdoor activities;(7) One commercial vehicle, Gross Vehicle Weight capacity of one ton or less,according to the manufacturer's classification, may be used, or parked behind thefront building line on the property, in connection with the home occupation, butsaid vehicle may not be parked in the street;(8) The occupation activity shall not increase vehicular traffic flow beyond whatnormally occurs within a residential district, and shall not require regular andfrequent deliveries (more than twice per day) by large delivery trucks or vehiclesU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaARiRO\ZeAiAO OF

Zoning Ordinance- effective Nov. 8, 2006 Sec. 5with a rated capacity in excess of one and one-half tons, according to themanufacturer's classification;(9) The home occupation use/activity shall take place primarily within thedwelling, and there shall be no outside storage, including trailers, or outsidedisplay related to the home occupation use;(10) No mechanical or electrical equipment shall be employed on the premisesother than that which is customarily found in a home office environment, and thatwhich is customarily associated with a hobby or avocation which is conductedsolely for pleasure and not for profit or financial gain;(11) The home occupation shall not generate noise, vibration, glare, fumes orodors, heat or electrical interference beyond what normally occurs within aresidential district;(12) The occupation shall not require the use of chemicals on the property thatare obnoxious or hazardous to the welfare of the neighborhood;(13) One non-illuminated identification sign that is physically attached to theexterior of the structure, with a sign area no larger than four square feet ispermitted;(14) The occupation shall not offer any commodity for sale on the premises.(c) Applicability of Other Regulations. Home occupations shall also be subject to anyand all other provisions of local, State and Federal regulations and laws that govern suchuses.)(d) Uses Allowed as Home Occupations. Subject to the provisions of this division, homeoccupations may include the following uses:( 1) Office facility of an accountant, architect, landscape architect, attorney,engineer, consultant, insurance agent, realtor, broker, or similar profession;(2) Author, artist, artisan, or sculptor;(3) Dressmaker, seamstress or tailor;(4) Music or dance teacher, or similar types of instruction, provided thatinstruction shall be limited to no more than five pupils at a time;(5) Individual tutoring;(6) Office facility of a minister, rabbi, priest or other cleric;(7) Home crafts, such as rug weaving, model making, etc.;(8) Office facility of a salesman, sales or manufacturer's representative, providedthat no retail or wholesale transactions or provision of services are personallyand physically made on the premises;(9) Repair shop for small electrical appliances, cameras, watches and clocks,and other small items, provided that the items can be carried by one personwithout using special equipment, and provided that the items are not equippedwjtb an jnternal comh••stjon engine;U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianning\Mming OFdinanse\Zaning FBvisians:!G44.E1aG Page 330Page330)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(10) Food preparation establishments such as cake making, decorating orcatering, provided that there is no on-premises consumption by customers, andprovided that all aspects of the business comply with all State and local healthregulations;(11) Family homes, in compliance with applicable State laws, which areincorporated herein by reference, with no more than six children or adults;(12) Barber shop or beauty salon or manicure studio, provided that no more thanone customer is served on the premises at any one time; and(13) Swimming lessons and water safety instruction, provided that suchinstruction involves no more than two pupils at any one time.(14) Activity involving primarily a computer.(15) Contractor, provided that there shall be no outside storage of materialsrelated to the operation of the business and any interior storage shall counttoward the maximum area allowed in Section 5.4(b)(3).(16) Such uses must be located in the dwelling used by the person who has thehome occupation as his or her private residence.(17) Said incidental use shall never be permitted as a principal use but only as asecondary use when indispensably necessary to the enjoyment of the premises.(e) Uses Prohibited as Home Occupations. Home occupations shall not, in any event, bedeemed to include the following uses:(1) Animal hospitals or clinics, commercial stables having more than two horsesper acre or kennels;(2) Restaurants or on-premises food or beverage, including private clubs,consumption of any kind, except for limited food or meal consumption associatedwith the operation of a licensed registered family home or a bed and breakfastfacility;(3) Automobile, boat or trailer paint or repair shop; small engine or motorcyclerepair shop; welding shop; large household appliance repair shop; or othersimilar type of business;(4) On-premises retail or wholesale sales of any kind where multiple customerspatronize the sales business on-site, except for items that are produced entirelyon the premises in conformance with this Code, and except for occasionalgarage sales (no more than two per calendar year and shall not be held withinsix months of each other);(5) Commercial clothing laundering or cleaning;(6) Mortuaries or funeral homes;(7) Trailer, vehicle, tool or equipment rentals;(8) Repair shops for any items having internal combustion engines; and,U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:'PiaAAiAgiZeAiAg OrdiAaAGe\Zc:miAg re•;isieAs~ Page331 Page 331)

Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(9) Any use that would be defined by the Building Code as an assembly, factoryor industrial, hazardous, institutional or mercantile occupancy.(f) Home Occupation Uses Not Classified Herein. Any use that is not either expresslyallowed nor expressly prohibited by this division is considered prohibited, unless and untilsuch use is classified by amendment to this Chapter by the City Council, subsequent toan affirmative recommendation by the Planning Commission.(g) Effect of Section 5.4 Upon Existing Home Occupations. Any home occupation thatwas legally in existence as of the effective date of this Chapter and that is not in fullconformity with the provisions herein shall be deemed a legal nonconforming use, andprovided that the home occupation use was not in violation of any other local, State orFederal law or regulation on that date. Proof of the existence of such home occupationuse prior to the effective date of this Code may be required by the Planning Department.5.5 Bed and breakfast facilities.Bed and breakfast facilities are subject to the following requirements:(a) Parking. One off-street parking space per guest room, and one off-street parkingspace for the owner/proprietor isare required.(b) Number of guest rooms. The maximum number of guest rooms shall be eight.(c) Length of stay. The maximum length of stay for each guest shall be limited to 14consecutive days within any thirty day time period.(d) Management. The facility shall be owner occupied in the residential zoning districtsand may be manager occupied in other zoning districts.)(e) Signs. Signs shall conform to Chapter 106.(f) Health factors:(i) Only overnight guests may be served meals. The meals shall be confined to acontinental-type breakfast, consisting of pastries (prepared outside theestablishment), milk, cereal, fruit, fruit juice, and coffee, unless the facility meetsall State of Texas and City Health Department requirements for commercial foodservice. Cooking in a guest room is prohibited.(ii) The owner of the facility shall provide clean linens and towels on a daily basis,provide adequate heating, air conditioning, ventilation and lighting; provideadequate hot and cold water; provide adequate sewage disposal; maintain theoutside area in a clean and sanitary manner; maintain the structure(s) in suitablestate of repair; and properly clean the premises and facilities during the guestsstay and after each guest has departed.(iii) Each owner of the facility must acquire a permit for the facility from the CityHealth Department prior to issuance of a Certificate of Occupancy.(iv) Inspections by the City Health Department will be made on a regular basisand upon demand as required by a complaint. The inspections must besuccessfully passed.(v) Building and fire protection considerations:U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRQIZ9RiRQ Ol'

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(1) Owner of Bed and Breakfast facility must obtain a Certificate ofOccupancy (C.O.) from the City Building Official after a Special UsePermit is issued, if a Special Use Permit (SUP) is required. The facilitymust successfully pass the C.O. inspection.(2) The structure(s) must conform to all City and State Building Codes forexisting or new construction as the situation dictates.(3) The City Fire Marshal or his representative shall inspect all Bed andBreakfast facilities before a C.O. is issued. The facility must successfullypass the inspection. Regular inspections shall be made on an annualbasis.(4) Each Bed and Breakfast facility must comply with the appropriatesection on "Lodging and Rooming Houses" contained in NFPA 101 LifeSafety Code.(5) Each facility must have at least one battery operated or regular hardwired smoke detector in all guest rooms, stairwells and/or corridors oneach floor of the structure.(6) An approved fire extinguisher shall be provided in close proximity tothe guest units on each floor.(vi) Other activities. Other activities such as weddings, parties, and otherfunctions are not permitted unless approved by the Planning Director.5.6 Telecommunication towers/Antennas.5.6-1.Purposes. The regulations for telecommunications towers and antennas set forth inthis section are intended to:(a)(b)(c)(d)(e)Be nondiscriminatory and competitively neutral.Facilitate the provision of wireless telecommunications services to theresidents and businesses of the city while complying with federalstatutory requirements adopted in the Telecommunications Act of 1996.Minimize adverse visual effects of telecommunications towers throughdesign and siting standards.Protect historic, residential and scenic areas from potential adverseimpacts of telecommunications towers.Avoid potential damage to adjacent properties from tower failure throughstructural standards and setback requirements.(f) Discourage unnecessary proliferation of telecommunications towers andantennas by maximizing the use of existing and approved towers andbuildings to accommodate new wireless telecommunication antennas.Move to beginning ordinance definitions5.6-2. DefiRiiifms. Fer tl=le pw=pese ef applyinfl tl=le previsiens ef tl=lis Sestien tl=lefolle'.'o'infl terms nat already defined in Seslian 1 af tl=lis Chapter shall be defined asfollew&..U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\. 0 1aAAiAij~SAiRQ OfdiRaRce~eRiRQ re•JisieAs~ Page333 Page 333)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5Co laeatian meaRs losatiRg wireless somm~RieatioRprovider OR a siRgle site.fasilities from more thaR aReFCC shall meaR the Federal Camm~RieatiaRs CommissioR.. . +----{Formatted: Indent:L;ft~l;'~Fi~jj~;~(i;;--~-]Stealth tov.ter shall meaR a to•Ner that IS sama~o~flageEI to l:le ~o~Rresagmi!!al:lle as a+- - - - ···~-~~--- --~------telesomm~o~RisatiaRs fasility aRE! shall iRGI~Eie arshiteG!~rally ssreeReEI roof ma~RteEI Ft;~atted: Indent: Left: l", Tab stops: Not ataRteRRas, l:l~iiEiiRg mo~o~RteEI aRteRRas paiRteEI to matsh the elEistiRg str~o~Gt~res, aRteRRas ---~-- ----n~-·------- -----------iRtegrateEI iRta arshitest~o~ral elemeRts s~o~sh as sh~rsh spires or wiREiow walls, aRE!aRtORRa str~Gt~o~res ElesigReEI to resemble light pales, flag pales or trees.5.6-3 Application and Exemptions.(a) This Section shall apply to the installation, renovation, or modification of anytelecommunications tower, including lattice style towers and towers secured byguy wires.(b) Exemptions. The following facilities shall be exempt from the requirements ofthis Section:(1) Structures intended only for and capable only of use as amateur radiofacilities;(2) Ground based telecommunications towers that do not exceed aheight of 40 feet from the base of the tower and are not lattice styletowers or towers secured by guy wires.(3) Telecommunications facilities and tower structures that are attachedto, placed upon, or constructed on top of a building, provided the heightof the tower structure does not exceed 1 0 feet above the height of thebuilding upon which the tower is constructed and the tower structure isnot a lattice style tower or tower secured by guy wires;(4) Towers or other facilities placed on land or right-of-way owned by thefederal government, the State of Texas, or City of New Braunfels;(5) Telecommunications towers that were constructed prior to January14, 2002. This Section shall apply to the renovation, modification orrepair of any telecommunication tower for any purpose other thaninstalling additional antennas or complying with applicable FCC, FAA orother applicable Federal requirements where the anticipated cost of therenovations, modifications or repairs exceeds the percentage of theoriginal cost of the tower by more than the amount provided in thefollowing schedule:Date of Modification, Renovation or RepairPercentage of Cost of TowerBetween Jan 1, 2002 and Jan 1, 200390% of original costBetween Jan 1 , 2003 and Jan 1 , 200480% of original costBetween Jan 1 , 2004 and Jan 1 , 200570% of original costU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:\PiaRRiRgiZoRiRg OmiRaRse\ZoRiRg Fe\•isioRs~ Page334 Page 334

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5Between Jan 1 , 2005 and Jan 1, 200660% of original costBetween Jan 1 , 2006 and Jan 1 , 200750% of original costBetween Jan 1 , 2007 and Jan 1 , 200840% of original costBetween Jan 1, 2008 and Jan 1, 200930% of original costBetween Jan 1 , 2009 and Jan 1 , 201 020% of original costAfter Jan 1, 20101 0% of original cost5.6-4. DevelopmenVapproval process. Prior to the issuance of a building permit for theinstallation of any tower or antenna pursuant to this Chapter, the owner of such tower orantenna shall send written notice to the Planning Department, which notice shall include:(a) The legal description, parcel number, and address of the parcel of land uponwhich the proposed tower is to be situated.(b) The name, address, and telephone number of the owner and/or lessee of theparcel of land upon which the proposed tower is to be situated. If the applicant isnot the owner of the parcel of land upon which the proposed tower is to besituated, a copy of the lease agreement is required.(c) A full site plan showing the location of the tower on the site, the type andheight of the proposed tower, on-site land uses and zoning, adjacent land usesand zoning, adjacent roadways, proposed means of access, setbacks fromproperty lines, elevation drawings of the proposed facility, the location of existingstructures, trees, and other significant site features, the type and location of plantmaterials used to screen the facility, fencing, proposed color(s), and any otherproposed structures.(d) (Not required if applicant is co-locating antenna on an existing tower)Applicant must identify whether or not it is utilizing the most compact or leastobtrusive technological design for the proposed tower. The applicant mustprovide written technical evidence from an engineer(s) of the tower's capability ofsupporting at least two additional antennas for future users at a reasonable,market-based cost. If accommodation of future co-location is not proposed,information must be submitted with the application detailing why future colocationis not possible.(e) (Not required if applicant is co-locating antenna on an existing tower) Aninventory of the applicant's existing towers within the corporate limits and ET J ofthe City, including the location, height, and design of each tower and the numberof antennas that may be supported by each structure. Co-location is encouraged,and the Planning Department may share such information with other applicantsseeking to locate antennas within the City. The applicant shall demonstrate howthe proposed site fits into its overall telecommunications network within the City.(f) (Not required if applicant is co-locating antenna on an existing tower) Thenames, addresses, and telephone numbers of owners of all other towers orU:\Pianninq\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg QFiliABAGa\ZeAiAg Fe•JisieAs~ Page335 Page335)

Zoning Ordinance- effective Nov. 8, 2006 Sec. 5antenna support structures, capable of supporting the applicant'stelecommunications facilities, within a one-half mile radius of the proposed towersite, including City-owned property. An affidavit shall be submitted attesting to thefact that the applicant made diligent efforts to obtain permission to install or colocatethe proposed telecommunications facilities on existing towers or antennasupport structures located within a one-half mile radius of the proposed towersite, but, due to physical, economic, or technological constraints, no such existingtower or antenna support structure is available or feasible. Evidence submittedby the applicant or owner to demonstrate that no existing tower or structure canaccommodate the applicant's proposed antenna may consist of any of thefollowing:(1) No existing towers or structures are located within the geographicarea required to meet applicant's engineering requirements.(2) Existing towers or structures are not of sufficient height to meetapplicant's engineering requirements.(3) Existing towers or structures do not have sufficient structural strengthto support applicant's proposed antenna and related equipment.(4) The applicant's proposed antenna would cause electromagneticinterference with the antenna on the existing towers or structures, or theantenna on the existing towers or structures would cause interferencewith the applicant's proposed antenna.(5) The fees or costs required to share an existing tower or structure orto adapt an existing tower or structure for sharing are unreasonable.Costs exceeding new tower development are presumed unreasonable.)(6) Property owners or owners of existing towers or structures areunwilling to accommodate reasonably with the applicant's needs.(7) The applicant demonstrates that there are other limiting factors thatrender existing towers and structures unsuitable.(g) An affidavit from the applicant that the construction and placement of theproposed tower and/or antenna will meet FCC requirements and not interferewith public communications and the usual and customary transmission orreception of radio, television, or other communications services enjoyed byadjacent properties.(h) (Not required if applicant is co-locating antenna on an existing tower)Certification from an engineer that the tower is structurally sound, will be fixed tothe land, and, at a minimum, in conformance with the Building Code and anyother standards set forth in this Chapter.(i) A written statement by the applicant stating the tower and telecommunicationsfacilities will comply with all FAA regulations and EIA Standards and all otherapplicable federal, state and local laws and regulations.0) Copies of any environmental documents required by any federal, state, orlocal agency, if available. These shall include the environmental assessmentrequired by FCC Para. 1.1307. 1.1307, or, in the event that a FCC environmentalassessment is not required, a statement that describes the specific factors thatobvjate the req••irement for an envjmoropntal assessmentU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiRgiZoRiRg OFdiRaAGe\ZGRiR!J re•JisiGRS~ Page336Page336

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(k) The City shall have on file any requirements from law enforcement, fire andemergency services agencies within the City that want to be included in aparticular area for future communications and would be interested in co-location.If any such agency decides to co-locate, then any new towers approved underthis Chapter shall be designed for, and the owner shall not deny, co-location.The City may require a qualified, independent third-party review by a Cityapprovedconsultant to validate and review the technical information contained inthe application submittals. The cost of such review shall be borne by theapplicant.5.6-5 Administrative approval. Administrative approval for the following towers may beobtained by submitting the required information to the Planning Department:(a) Installation of antennae on existing tower or structure.(1) In any zoning district, the installation of an antenna on an existingstealth tower that is less than 50 feet in height or on an existing structureother than tower (such as a sign, light pole, or other freestandingnonresidential structure) that is less than 50 feet in height, so long assuch addition does not add more than five feet to the height of theexisting tower or structure. Any antenna installed on a structure otherthan a tower must be of a neutral color that is compatible with the colorof the supporting structure so as to make the antenna and relatedequipment as visually unobtrusive as possible.(2) In any commercial or industrial zoning district , the installation of anantenna on an existing stealth tower of any height or on an existingstructure other than a tower (such as a sign, light pole, water tower orother freestanding nonresidential structure) of any height, so long as theaddition adds no more than 20 feet to the height of the existing tower orstructure. Any antenna installed on a structure other than a tower mustbe of a neutral color that is compatible with the color of the supportingstructure so as to make the antenna and related equipment as visuallyunobtrusive as possible.(3) In any industrial zoning district except those industrial districts locatedwithin the New Braunfels Downtown Area as defined in Chapter 114, theinstallation of an antenna on any existing tower so long as the antennaadds no more than 20 feet to the height of the existing tower.(b) Installation of new towers.(1) In any zoning district, the installation of a stealth tower that is lessthan 50 feet in height. The tower must be set back from the nearestproperty line of any off-site residential structure a distance equal to onefoot for each foot of height of the tower plus 15 feet.(2) In any commercial or industrial zoning district, the installation of astealth tower that is 150 in height or less. The tower must be set backfrom the nearest property line of any existing off-site residential structure,platted residential subdivision, or historically designated building orlandmark a distance equal to one foot for each foot of height of the towerplus 25feet.U:\Pianninq\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docx1d:\PiaRRiRQI.l9RiRg 0FdiRaRG&\Z9RiRg Fe•JisieRs~ Page337 Page337)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(3) In any industrial zoning district except those industrial districts locatedwithin the New Braunfels Downtown Area as defined in Chapter 114, theinstallation of a tower that is not a stealth tower, proposed by theapplicants as follows:(a) For a single user, up to 90 feet in height.(b) For two users, up to 120 in height.(c) For three or more users, up to 150 feet in height.Said tower must be set back from the nearest property line ofany existing off-site residential structure, platted residentialsubdivision, or historically designated building or landmark adistance equal to one foot for each foot of height of the towerplus 25 feet. Said tower must be set back at least 1 00 feet fromthe centerlines of the Carnal and Guadalupe Rivers. Said towershall maintain a galvanized steel finish or, subject to anyapplicable standards of the FAA, be painted sky blue or gray, soas to reduce visual obtrusiveness.5.6-6. Additional Guidelines.(a) Towers and antennas may be considered either principal or accessory uses.A different existing use or an existing structure on the same lot shall not precludethe installation of a tower or antenna on such lot. For purposes of determiningwhether the installation of a tower or antenna complies with district developmentregulations, including but not limited to setback requirements, lot coveragerequirements, and other such requirements, the dimensions of the entire lot shallcontrol, even though the towers or antennas may be located on leased parcelswithin such lots.(b) At any tower site, the design of buildings and related structures shall usematerials, colors, textures, screening and landscaping that will blend the towerfacilities to the natural setting and built environment. Existing vegetation aroundthe facility shall be preserved to the extent possible. A combination of hedges(preferably fast-growing plants) and/or evergreen trees, at least four feet in heightwhen planted, shall be planted and maintained around the site and spaced closeenough together to provide a visual screen. Shrubs shall also be planted andmaintained around guy anchors for visual screening purposes. Towers shall notbe artificially lighted, unless required by the FAA or other applicable authority. Iflighting is required, the Planning Department may review the available lightingalternative s and approve the design that would cause the least disturbance tothe surrounding views. No signs, including company identification or its logo, oradvertising shall be permitted on any tower or antenna.(c) FCC Requirements: All towers and antennas must meet or exceed currentstandards and regulations of the FAA, the FCC, and any other agency of thefederal government with the authority to regulate towers and antennas. If suchstandards and regulations are changed, then the owners of the towers andantennas governed by this Chapter shall bring such towers and antennas intocompliance with such revised standards and regulations within six months of theeffective date of such standards and regulations. Failure to bring towers andantennas jato compliance wjth S''ch revised standards and reg••latinns shallU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZeRiRg OFdiRSRGe\ZeRiRg re>JisieRs~ Page338Page 338

)Zoning Ordinance- effective Nov. 8, 2006Sec.5constitute grounds for the removal of the tower or antenna at the owner'sexpense.(d) Separation Requirement.(1) Proposed towers must meet the following m1mmum separationrequirements from existing towers or towers which have a building permitbut are not yet constructed at the time that a building permit is granted:a. Monopole tower structures 90 feet in height or less shall beseparated from other telecommunications towers by a minimumof 750 feet. Monopole towers over 90 feet in height shall not belocated within one-quarter of a mile from any existing tower thatis over 90 feet in height.b. Self-supporting lattice or guyed tower structures of any heightshall not be located within one-quarter of a mile from any existingtower that is over 90 feet in height.c. There is no required separation distance for stealth towers.(2) For the purpose of this Section, the separation distances betweentowers shall be measured by drawing or following a straight line betweenthe base of the existing or approved structure and the proposed base,pursuant to a site plan of the proposed tower. The minimum towerseparation distances from other towers shall be calculated and appliedirrespective of City jurisdictional boundaries.(e) If the applicant meets the requirements of this Chapter, administrativeapproval for the tower location shall be granted by the Planning Department, andthe applicant may apply for a building permit. It shall be a condition of approvalthat all towers must be designed and certified by an engineer to be structurallysound and at a minimum in conformance with the building code and any otherstandards set forth in this Chapter.5.6-7. Special Use Permit: If, in the opinion of the Planning Department, a tower orantenna is not a permitted use or the Planning Department declines to approveadministratively any application, pursuant to Section 5.6-5 of this Chapter, the applicantmay seek a special use permit.(a) Application. In addition to the requirements for a tower application in Section5.6-2 above, the applicant must provide:(1) A description of how the proposed plan addresses any adverseimpact that might occur as a result of approving the modification.(2) A description of off-site or on-site factors which mitigate any adverseimpacts which might f the granting of a special use permit.(b) Special Use Permit Provisions: The following provisions shall govern theissuance of special use permits for telecommunications towers and/or antennas:(1) In granting a special use permit, the City Council may impose certainconditions to the extent the City Council concludes such conditions arenecessary to buffer or otherwise minimize any adverse effect of theproposed tower on adjoining propertiesU:\Pianninq\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgiZeAiAg OF!liAaAGeiZeAiAg Fe'lisieAS~ Page339 Page 339)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(2) Any information of an engineering nature that the applicant submits,whether civil, mechanical, or electrical shall be certified by a qualifiedprofessional engineer.(3) Each applicant requesting a special use permit under this Chaptershall submit a scaled site plan and a scaled elevation view and othersupporting drawings, calculations, and other documentation, signed andsealed by appropriate professional engineers, showing the location anddimensions of all improvements, including information concerningtopography, radio frequency coverage, tower height requirements,setbacks, drives, parking, fencing, landscaping, adjacent uses, and otherinformation necessary to assess compliance with this Chapter.(4) The City Council shall consider the following factors in determiningwhether to issue a special use permit, although the City Council maywaive or reduce the burden on the applicant of one or more of thesecriteria, if, at the sole discretion of the City Council, the goals of thisChapter are better served thereby:a. Height of the proposed tower;b. Proximity of the tower to residential structures and residentialdistrict boundaries;c. Nature of uses on adjacent and nearby properties;d. Surrounding topography;e. Surrounding tree coverage and foliage;f. Design of the tower, with particular reference to designcharacteristics that have the effect of reducing or eliminatingvisual obtrusiveness; andg. Availability of suitable existing towers and other structures asdiscussed in this Chapter.(5) The following setbacks and separation requirements shall apply to alltowers and antennas for which a special use permit is required; provided,however, that the City Council may, at its sole discretion, reduce thestandard setbacks and separations requirements if the goals of thisChapter would be better served thereby.a. Towers must be set back a distance equal to the height of thetower from any off-site residential structure plus 25 feet.b. Towers, guys, and accessory facilities must satisfy theminimum district yard setback requirements.c. In zoning districts other than industrial zoning districts, towersover 90 feet in height shall not be located within one-quarter of amile from any existing tower that is over 90 feet in height.(6) Towers shall be enclosed by security fencing not less than six feet inheigbt and shall be eq11ipped with an appropriate anfi-climhing device"U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAg\ZeAiAg OmiAaAGeiZeAiAg re~·isieAs~ Page340Page340

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5provided, however, that the City Council may, in its sole discretion, waivesuch requirements, as it deems appropriate.(7) The following guidelines shall govern the landscaping surroundingtowers for which a special use permit is required; provided, however, thatthe City Council may, in its sole discretion, waive such requirements ifthe goals of this Chapter would be better served thereby.a. Tower facilities shall be landscaped with a buffer of plantmaterials that effectively screens the view of the towercompound from adjacent public rights-of-way or property, oradjacent to residentially zoned or used properties. The standardbuffer shall consist of a landscaped strip at least six feet wideoutside the perimeter of the compound.b. The buffer zone may consist of a variety of plant material,including trees, which are evergreen in nature and can beexpected to grow to form a continuous hedge at least six feet inheight within two years.c. In locations where the visual impact of the tower would beminimal, the landscaping requirement may be reduced or waivedaltogether.d. Existing mature tree growth and natural land forms on the siteshall be preserved. In some cases, such as towers sited onlarge, wooded lots, natural growth around the property perimetermay be a sufficient buffer.e. Maintenance and replacement of which plant material shall bethe responsibility of the owner. Replacement of plant materialshall mean, for the proposes of this Chapter, which such plantmaterial does not grow to the prescribed height as stated hereinor dies. The plant material shall be replaced within 15 calendardays, weather permitting, and shall be of the same size and kindas the plant material being replaced.5.6-8. Removal Deposit: If a tower installation is approved, a removal deposit is requiredbefore a building permit will be issued; applicant will provide a letter from a licensedengineer to estimate the cost of removing the tower. The amount shall be held by the Cityand shall be refundable to the owner of the property upon which the tower is located,after the owner has removed the tower in accordance with city requirements. If thedeposit is returned to the owner, it shall be returned with accumulated interest at the ratereceived by the City, less a processing fee of 10% of the aggregated amount of thedeposit and interest. Upon written request, the Planning Director shall lower the towerremoval deposit to a level proven by an applicant to be sufficient to cover the estimatedprobable cost of removing the tower. The Director's actions in failing to lower deposit inaccordance with a request may be appealed to the Zoning Board of Adjustment.The Planning Director may allow the applicant to post a performance bond in lieu of theremoval deposit. The performance bond shall be equal to or greater than 125% of theamount calculated for the removal deposit. Proof of performance bonds shall besubmitted before a building permit will be issued.5.6-9. Maintenance: To ensure the structural integrity of towers and antennas, the ownerof a tower shall engttrp that jt is majntajnpd jn compliance 'ujth standards contained jnU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:IPiaAAiAQilaAiAQ OF

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5applicable local building codes and the applicable standards fort towers that arepublished by the Electronic Industries Association, as amended from time to time, and allFCC and state regulations. If, upon inspection, the inspection department concludes thatthe tower fails to comply with such codes and standards and constitutes a danger topersons or property, then upon notice being provided to the owner of the tower, theowner shall have 90 days to bring such tower into compliance with such codes andstandards. If the owner fails to bring such tower into compliance within said 90 days, theCity Council may remove such tower at the owner's expense.5.6-10. Abandonment: Any tower or antenna that ceases to operate for a continuousperiod of 12 months shall be considered abandoned, and the owner of such antenna ortower shall remove same within 90 days of receipt of notice from the city notifying theowner of such abandonment. If such antenna or tower is not removed within said 90days, the City Council may cause the removal of such antenna or tower at the owner's oruser's expense or with the removal deposit. If payment is not made within 30 days ofremoval, or the removal deposit does not cover the cost of removal, the City may place alien on the property. If there are two or more users of a single tower, then this provisionshall not become effective until all users cease using the tower.5.7 Industrialized housing.The following provisions shall be met by single-family and duplex industrialized housingin accordance to the Texas Occupations Code, Section 1202.253, not located in the B-1,B-1A or B-1 B districts:(1) Single-family or duplex industrialized housing must have all local permits and licensesthat are applicable to other single-family or duplex dwellings.(2) Single family or duplex industrialized housing shall:(a) have a value equal to or greater than the median taxable value for eachsingle-family dwelling located within 500 feet of the lot on which the industrializedhousing is proposed to be located, as determined by the most recent certified taxappraisal roll for each county in which the properties are located;(b) have exterior siding, roofing, roof pitch, foundation fascia, and fenestrationcompatible with the single-family dwellings located within 500 feet of the lot onwhich the industrialized housing is proposed to be located;(c) comply with municipal aesthetic standards, building setbacks, side and rearbuilding setback offsets, subdivision control, architectural landscaping, squarefootage, and other site requirements applicable to single-family dwellings; and(d) be securely fixed to a permanent foundation.(3) For purposes of subsection (2), "value" means the taxable value of the industrializedhousing and the lot after installation of the housing.5.8. Agricultural uses.Farms and ranches are permitted in residential and commercial districts provided that noobnoxious fertilizer is stored upon the premises and no obnoxious soil or fertilizerrenovation is conducted thereon.5 9 Temporary usesU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'PiaRRiRgiZeRiRg OFdiRaRGe\ZeRiRg fe•.•isieRs~ Page342Page342

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(a) Contractor's office, tool and construction sheds. Contractor's office, tool andconstruction sheds are allowed in all zoning districts provided that they are used forconstruction purposes only, and which shall be removed upon completion orabandonment of construction work.(b) Temporary real estate sales office. Temporary real estate sales office, whetherportable or non-portable, shall be permitted in any residential zoning district or onresidentially used property. The sales office shall be removed when the development iscompletely sold.5.1 0. Auto body repair and garages (public).Other than premises where used vehicles are dismantled or used parts are sold, garagesshall not have repair facilities or activities maintained or carried on outside of the building.No body or fender repairs shall be conducted on any premises adjacent at the side orrear to a residential zoning district. No wrecked, junked, or otherwise inoperative vehicleshall be stored or parked on the premises except while awaiting repair and except undercover of a permanent screening fence of masonry and/or solid wood (weather-resistantredwood, cedar, or equal not less than six feet in height).5.11. Automobile or trailer sales rooms or yards or sales of outdoor merchandise.Vehicles or merchandise displayed or parked outside the building must be located behindthe property line of said property. In the case of a corner lot, no vehicle or merchandiseshall be displayed or parked within the area embraced by the radius of the curb and astraight line drawn diagonally between the beginning points of the radius. No outdoormerchandise taller than 8 ft. shall be located within 5 feet of the property line of aresidence or residential district.Vehicles or merchandise must be located on a paved surface with adequate parking asprovided in Section 5.1.5.12. Bowling alleys, dance halls, shooting galleries, shooting ranges, skating rinks, commercialor public tuber entrance or take out facilities, and similar commercial recreation buildings oractivities.(a) These uses or activities shall be at least 200 feet from any property line with anexisting clinic, hospital, school or church, and shall be at least 200 feet from a "R-1", "R-2", "R-1A-43.5", "R-1A-12", "R-1A-8", "R-1A-6.6", or "R-2A" district.(b) Effective November 8, 2006, no commercial or public tuber entrance or take outfacility shall be developed without approval of a Special Use Permit.5.13. Heavy load and farm machinery sales and service.No repair facilities shall be maintained or carried on outside the building, and nomachinery shall be displayed outside that is within 30 feet of the front lot line.5.14. Lumberyards.A lumberyard storage yard, whether a principal or accessory use, must be completelysurrounded, excepting entrance points, on all sides by a solid wall or fence not less thaneight feet high.5 15 Accessory recreationU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianningl£ening OF

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5Parks, playgrounds, swimming pools, tennis courts, recreation building, communityrooms, fitness centers, gyms, and the like, are authorized when they are an accessoryuse in any residential district or non-residential development. This accessory use may notbe open to the public.5.16. Short term rental or occupancy.Sec. 5.16 Short Term Rental or Occupancy.(a) This section is intended to provide a procedure to allow the rental of private residences to visitorson a short-term basis, while ensuring that such rental use does not create adverse impacts toresidential neighborhoods due to excessive traffic, noise, and density. Additionally, this section isintended to ensure that the number of occupants within such rental units does not exceed thedesign capacity of the structure to cause health and safety concerns, and that minimum healthand safety standards are maintained in such units to protect visitors from unsafe or unsanitaryconditions.(b) Definitions:(1) "Adult" means an individual17 years of age or older.(2) "Bedroom" means a room designated and used primarily for sleeping and rest on a bed.(3) "Fioodway'' means the channel for a river or other water course and the adjacent landareas that must be reserved in order to discharge the base flood without cumulativelyincreasing the water surface elevation more than a designated height.(4) "Non-Residential District" means the following zoning districts: R-3, R-3L, R-3H, MU-A,MU-B, C-1, C-1A, C-18, C-2, C-2A, C-3, C-4, C-4A, C-48, C-0, M-1, M-1A, and M-2A.This includes all subsequently approved Special Districts identified as Non-Residentialunless otherwise specified within the Special District.(5) "Occupant" means the person or persons who have rented the Short Term Rental andtheir guest(s).(6) "Operator'' means every natural person, firm, partnership, association, social or fraternalorganization, corporation, estate, trust, receiver, syndicate, branch of government or anyother group or combination acting as a unit who is the proprietor of a Short Term Rental,whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licenseor any capacity. Where the operator performs his or her functions through a managingagent of any type of character, other than an employee, or where the operator performshis or her functions through a rental agent, the managing agent or the rental agent shallhave the same duties as his or her principal.(7) "Owner'' means the person or entity that holds legal and/or equitable title to the privateproperty.(8) "Residential District" means the following zoning districts: R-1, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, R-2, R-2A, B-1, B-1A, B-18, TH, TH-A, ZH, ZH-A and SND-1. Thisincludes all subsequently approved Special Districts identified as Residential unlessotherwise specified within the Special District.(9) "Resort Condominiums" means a form of housing tenure and other real property where aspecified part of a piece of real estate (usually of an apartment house) is individuallyowned and rented out for use of persons for less than 30 days while use of and access toU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZaRiRg OFdiRaRse\ZaRiRg re"isiaRs~ Page344Page 344

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5common facilities in the piece such as hallways, heating system, elevators, exterior areasis executed under legal rights associated with the individual ownership and controlled bythe association of owners that jointly represent ownership of the whole piece.(10) "Resort Property" means A~ compound of buildings and f?cilities located together tRat~that provides lodging, entertainment and a relaxing environment to people onvacation. This includes 24 hour security and 24 hour front desk personnel. These unitscomply with all commercial building code standards.(11) "Short Term Rental" means the rental for compensation of one- or two -family dwellings,as defined in the IRC (International Residential Code), for the purpose of overnightlodging for a period of not less than one (1) night and not more than thirty (30) days otherthan ongoing month-to-month tenancy granted to the same renter for the same unit. Thisis not applicable to hotels, motels, bed and breakfasts, resort properties as defined in thisordinance or resort condominiums.(12) "Short Term Rental Decal" means the decal issued by the City as part of a Short TermRental permit that identifies the subject property as a Short Term Rental, the Short TermRental permit number, the owner or rental agent's name and 24-hour emergency contactphone number of either the owner or the rental agent.(13) "Sleeping Area" means a room or other space within a Dwelling designed or used forsleeping, including a Bedroom. Tents and Recreational Vehicles shall not be considereda Sleeping Area.(c) Applicability.(1) Short Term Rental within Residential Districts is prohibited.(2) Short Term Rental is prohibited in any floodway located within the city limits, regardlessof zoning district.(3) A Short Term Rental Permit is required prior to the use of a one family or two familydwelling as a Short Term Rental located within a Non-Residential District. Subject toSubsection (d), Standards, of this Section, an Owner shall obtain and maintain a currentpermit whenever a dwelling is used as a Short Term Rental. Annual inspection is requiredas specified in Subsection (f), Inspections, of this Chapter. A Special Use Permit isrequired in all zoning districts except C-4. C-4A and C-48.(4) Within one hundred and eighty (180) days of the effective date of this Ordinance, theOwner or Operator of each existing legally established short term rental shall apply forand pay the permit fee for a Short Term Rental Permit. Within forty-five (45) days ofreceipt of a completed application, the permit fee and compliance with Subsection (e),Short Term Rental Permit, of this Section, a permit shall be issued to the Owner orOperator that will be good for one (1) year from the date issued and subject to the annualrenewal inspection by the Fire Marshal. Ability to approve said permit is predicated onverification that the short term rental is in compliance with Section 2.3(b, c, d),Nonconforming Use.(d) Standards. All Short Term Rentals permitted pursuant to this Chapter are subject to the followingstandard requirements:(1) Occupancy. The maximum number of persons allowed to reside in a Short Term Rentalis two (2) adults per Sleeping Area plus an additional four (4) adults per residence.(2) Short Term Rental Decal Display. As part of a Short Term Rental Permit, the City issuedU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRg\ZeRiRg OrdiRaRse\ZeRiRg Fe•lisieRs~ Page345 Page 345)

Zoning Ordinance- effective Nov. 8, 2006 Sec. 5Short Term Rental Decal shall be posted on the front of .each Short Term Rental in alocation that is accessible and legible to an individual at the entry of the Short TermRental.(3) Parking. A minimum of one (1) off-street parking space, not including the garage, perSleeping Area shall be provided with a minimum of two (2) and a maximum not to exceedthe number of Sleeping Areas plus one (1). No required parking shall be permitted withinpublic right-of-way or access easements as defined by City and State regulationsregarding parking.(4) Life Safety.(a) All building and fire related construction shall conform to the City's adopted IRC(International Residential Code) building code.(b) A 2A:10B:C type fire extinguisher (a standard 5 lb. extinguisher) shall be properlymounted within 75 feet of all portions of the structure on each floor.(c) Every sleeping room shall have at least one operable emergency escape andrescue opening(d) An evacuation plan posted conspicuously in each Sleeping Area.(e) Every bedroom I sleeping area in a Short Term Rental that does not comply withSubsection (d(4), Life Safety, of this Section shall not be used as a Sleeping Areaand where equipped with a door, shall remain locked at all times when the Dwellingis being used as a Short Term Rental. Such a non-compliant sleeping area shallnot be included in the maximum occupancy calculation for the Short Term Rental.The owner I operator shall notify every Occupant, in writing, that the non-compliantSleeping Area may not be used for sleeping.(5)Conduct on premises.(a) Each occupant and visitor to a Short Term Rental shall comply with all applicableprovisions of the City's Code, including, without limitation: noise and disorderlyconduct restrictions from Chapter 82, Offenses and Miscellaneous Provisions; litterprohibition from Chapter 50, Environment; and others such as parking, andtrespassing provisions. No occupant of or visitor to a Short Term Rental shallcause or permit a public nuisance to be maintained on such property. Thisinformation shall be included in the rental agreement and inside the Short TermRental as specified in Subsection (7), Tenant Indoor Notification, below.(b) All Occupants shall be informed in writing of relevant City ordinance including, butnot limited to, the City's nuisance and water conservation ordinances by theOwner/Operator of the Short Term Rental.(c) Excessive noise or other disturbance outside the Short Term Rental is prohibitedbetween the hours of 10:00 p.m. and 8:00a.m. This includes, but is not limited to,decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas.(d) No sleeping outdoors.)(6) Signage. Signage shall be in compliance with the City's current Sign Code.(7) Tenant Indoor Notification. The Operator shall post in a conspicuous location of theDwelling the following minimum information:(a) Maximum number of occupants.(b) Location of required off-street parking, other available parking and prohibition ofparking on landscaped areas.(c) Quiet hours and noise restrictions.(d) Restrictions of outdoor facilities.(e) 24 hour contact person and phone number.(f) Property cleanliness requirements.(g) Trash pick-up requirements, including location of trash cans.(h) Flnodjng hazards and eyac••ation rn••tes lnch•ding jnfarmatian on the emergencyU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxlJ:'PiaAAiAij\ZaAiAij OrdiAaAsa\ZaAiAij re>

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(i)(j)(k)siren system.Emergency numbers.Notice that failure to conform to the occupancy and parking requirements is aviolation of the City's Municipal Code and occupant or visitor can be cited.Other useful information about the community.(8) Rental Agreement Notification. The rental agreement between the owner/operator of theShort Term Rental and the occupant shall include by attachment, all of the informationprovided on the Tenant Indoor Notification signage.(e) Short Term Rental Permit.(1) Application. Application for a Short Term Rental Permit shall be in writing on anapplication form available in the Planning Director's office, shall be accompanied by aone-time payment of the fee of $50 and shall include the following information, at aminimum:(a) A list of all Owners of the short term rental including names, address andtelephone numbers.(b) A sketch or narrative describing the location of the available parking spaces asrequired by Subsection d(3), Parking, of this Section.(c) A sketch ofthe floor plan.(d)(e)(f)(g)(h)The name, address and 24 hour telephone numbers of a contact person whoshall be responsible and authorized to respond to complaints concerning the useof the Short Term Rental.Proof of Hotel Occupancy Tax compliance with Chapter 351 of the Tax Code,before permit is granted.A statement that the Owner of the Short Term Rental has met and will continueto comply with the standards and other requirements of this Ordinance.Provide current email address of Owner/Operator, if applicable.If Owner/Operator has a property management or agent, Owner/Operator shallprovide property management or agent phone number, mailing address andemail address.(2) Completeness of Application. If the application is incomplete or the full fee has not beenpaid, the Planning Director shall notify the applicant in writing, within 10 business days ofthe date of the application, that the application is incomplete and will not be consideredby the City until the application is complete and/or the full fee is paid. If the full fee is notpaid or the application is not compete within 45 days of the date of the application, theapplication shall expire.(3) Annual Renewal. A Short Term Rental Permit will be renewed annually through aninspection conducted by the Fire Marshal to verify continued compliance with Subsection(d), Standards, of this Section.)(4) Transferability. A Short Term Rental Permit is transferable to a new property owner, if thenew property owner submits a Short Term Rental Permit application and agrees in writingto comply with the requirements of this Ordinance. A new Owner must apply for a ShortTerm Rental Permit within ninety (90) days from the closing date of the purchase. Thenew Owner must provide a copy of the closing statement with the Short Term RentalPermit application form. Failure of the new property owner to apply for permit withinninety (90) days from the closing date will revoke the Short Term Rental Permit. ShortTerm Rentals existing prior to the effective date of this ordinance that are non-conformingto the zoning for which property is located, but obtained a permit in compliance withSubsection (c(4), Applicability, shall become null and void if the new Owner fails to applyfor the Short Term Rental Permit within ninety (90) days from the date of the deed of thenew Owner's P'"XhaseU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxlJ:lPiaAAiAQIZGAiAQ OrdiAaAGe\ZeAiAQ Fe.,.isieAs~ Page347 Page347

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(5) Appeal. If an application for a Short Term Rental Permit or renewal is denied, the Owneror Operator may appeal to the Planning and Zoning Commission by written noticedelivered within thirty (30) days of denial or revocation.(f)Inspections. To ensure continued compliance with the requirements of this Section a Short TermRental shall be inspected in the following methods:(1) Transfer Inspection. As part of the transfer of a Short Term Rental Permit to a newOwner, in accordance with Subsection (e(4), Transferability, and the issuance of a newShort Term Rental Permit the City's Fire Marshal shall conduct an inspection to verifycompliance with this Ordinance.(2) Fire Extinguishers. The Owner/Operator is responsible for obtaining annual independentinspections of the fire extinguishers in compliance with the City's current Fire Code.(3) Immediate Inspection. The City will perform inspections immediately when a violation issuspected.(4) Annual Fire Inspection. The City's Fire Marshal's Office will perform annual inspectionsfor compliance with this Ordinance.(g) Enforcement/Penalty.(1) Emergency Contact. The Owner/Operator of the Short Term Rental shall provide the Citywith a twenty-four (24) hour contact number. Should a law enforcement officer respond tothe Short Term Rental and issue a citation for any violation of City Ordinances, theOwner/Operator shall be called by the officer. The Owner/Operator shall attempt tocontact the occupants within one hour of the call to address the occupants about thecomplaints. Should a second complaint be filed and citation issued to any part of theoccupants or guests, the Owner/Operator must take appropriate step, in accordance withthe individual rental agreement, to assure future complaints do not occur. Should three(3) separate citations be issued to an occupant or their guest(s), involving separateoccupants under separate rental agreements within a six (6) month period, the ShortTerm Rental Permit may be revoked in accordance with the revocation process specifiedin Subsection (h), Revocation.)(2) Violations of any Subsection of this Section may revoke the Short Term Rental Permit inaccordance with Subsection (h), Revocation.(3) Failure to pay Hotel Occupancy Tax timely is considered a violation of this Section andmay result in revocation of the Short Term Rental Permit in accordance with Subsection(h), Revocation. Owner shall have 30 days from the date the City or State issue a noticeof delinquency to submit delinquent Hotel Occupancy Tax to City and State beforerevocation of the Short Term Rental Permit begins.(4) Failure to successfully complete the renewal process of a Short Term Rental Permit isconsidered a violation of this Section. Owner shall have 45 days from the date City issuesnotice of denial to gain compliance of noncompliant items before the revocation of theShort Term Rental Permit begins.(5) The provisions of this Subsection are in addition to and not in lieu of any criminalprosecution or penalties as provided by City Ordinances or County or State Law.(6) Proof. Prima facie proof of occupancy of a Dwelling is established in any prosecution forviolation of this Section if it is shown that vehicles with registrations to persons havingdifferent surnames and addresses were parked overnight at the Dwelling. Establishmentof a prima facie level of proof in Ibis S• •bsecfion does not prech •de a showing of illegalU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:'PiaRRiRHIZ9RiRH OFEiiRaRseiZeRiRg revisieRs2Q.1.4.des Page 348Page 348

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5"occupancy'' of a Dwelling by a person in any other manner.(7) Offense. It is an offense for the property owner, any agent of the property owner, or theoccupant(s) to directly occupy or indirectly allow, permit, cause, or fail to prohibit anoccupancy in violation of this Ordinance 144-5.16. Each day that a unit is occupied inviolation of this ordinance shall be considered a separate offense, and, upon conviction,shall be subject to a minimum fine of $500.00 to a maximum fine of $2,000.00 perviolation.(8) Each day of violation of said Standards and provisions of this Section constitutes aseparate offense and is separately punishable, but may be joined in a single prosecution.(h) Revocation. If any violations stated in Subsection (g), Enforcement/Penalty, of this Section havebeen committed and not corrected within the time specified the Planning Director shall begin theprocedures to revoke the Short Term Rental Permit in accordance with the following:(1) The City shall give thirty (30) day written notice to the Owner/Operator regarding thepublic hearing date and recommendation by the Planning Commission, and publichearing and decision by the City Council.(2) The City shall provide written notice to property owners within 200 feet of the subjectproperty at least 15 days prior to the hearing.(3) If a Short Term Rental Permit is revoked, the Owner/Operator may not reapply for thesame property for a period of twelve ( 12) months.(a) (i) Abrogation and Greater Restrictions. This ordinance is not intended to repeal,abrogate, or impair any existing easements, covenants, or deed restrictions.However, where this ordinance and another ordinance, easement, covenant, ordeed restriction conflict or overlap, whichever imposes the more stringentrestrictions shall prevail.5.17. Sale of Alcoholic Beverages.A place of business where alcoholic beverages are sold shall be prohibited within 300feet of a church, private or public school. daycare center or child-care facility or publichospital. The measurement of this distance shall be along the property lines of the streetfronts and from front door to front door, and in direct line across intersections. Themeasurement of this distance shall be from the nearest property line of the public schoolto the nearest doorway by which the public may enter the place of business, along streetlines and in direct line across intersections. On premises selling alcoholic beverageswhere minors are prohibited from entering, the measurement of the distance between thepremises and a public school shall be along the property lines of the street fronts andfrom front door to front door and in a direct line across intersections. This Section doesnot apply to any establishment that is licensed for the sale or consumption of alcoholicbeverages at the time a church, private or public SGRGelschool. daycare center or childcarefacility or hospital begins construction or occupancy of a building within 300 feet ofthe licensed establishment. Nor shall it apply to churches, public schools or hospitals thatare themselves licensed for the sale or consumption of alcoholic beverages.5.18. Historic Landmarks and Districts.See Chapter 66 of the Code of Ordinances.5.19. Airport Zoning.See Chapter 10, Aviation, of the Code of Ordinances.5.20. Ger:~era/ provisieRs aRfl exs&ptieRs; use, height aRfl a.rsa .ceguJatieRs.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAgl£aAiAQ OrdiAaAGal£aAiAQ rauisieAs:!Q.1..1.rtleG Page 349 Page349)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 55.20-1 General provisions:(a) Conformity to regulations. No structure shall be constructed, erected, ormoved in or onto any location in the City of New Braunfels if such structure doesnot conform witA!Q the sanitary, health and building regulations of such location.This Section shall not apply to those temporary buildings used in connection witha construction project, provided that such buildings shall be removed within 30days after completion of the permanent building being constructed.(b) Open storage or display and storage containers.(1) No open accessory storage or display of materials and commoditiesshall be permitted unless the storage or display is set back at least 25feet from all right-of-way lines and screened on all sides by a solid wall orfence not less than 8 feet in height. This shall not apply to automobile ortrailer sales lots.(2) Accessory storage containers, such as "c-containers" must be placedin the rear yard and screened from view on all sides by a solid wall orfence not less than 6 feet in height from any adjoining residential use orzoning district that allows a residential use.3. Mobile Storage Pod for onsite storage may not be larger than 8 feet wide by 16 feet.__,_-long by 8 feet high and may not be on a lot for more than 30 days in a one-year 'period.Formatted: Font: {Dcl~;;it)Ari~~-1() pt-~~- --;- --------- .,,=-'~~~Formatted: List Paragraph, Numbered +Level: 2 + Numbering Style: 1, 2, 3, ... + Star'._ __________________________________________________ ~ at: 1 +Alignment: Left+ Aligned at: 1" + T

Zoning Ordinance- effective Nov. 8, 2006 Sec. 5StreetUncontrolled * street with two or fewer through lanes in onedirectionControlled street with two or fewer through lanes in onedirection, driveways and alleysUncontrolled street with more than three lanes in one wayLength of triangle side along the curbon outer edge ofthe shoulder25 feet15 feet40 feet*uncontrolled street means a street without a yield, stop, or traffic signal at the intersection.See the following diagrams:UncontrolledS!rHiorStreet Wlh More than TlveeTIYough lanes In One way40'Two_., or fewer..I ILLUSTRATION 151I..... 15' 15'.. ~1MdlhI40'(IIIII""'~IH~I ILLUSTRATION 161·~¥'"C~oro«SerEdgo5.20-2 Height exceptions:(a) The height limits for the various districts shall not apply to church spires,belfries, cupolas or domes not used for human habitation RGFQ[ to chimneys,ventilators, skylights, water tanks, parapet walls, cornices, solar energy systems,or necessary mechanical appurtenances usually located on the roof level,I !·\p!annjnWZonjnq Qrdjngnr-ffiAmendroents 2012\Zonjnq revisions 2012 docx' '·'P'annieg\Zocieg Ordinance\ 7 cning rm'isicns~ Page351 Page 351)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5provided that such features are limited to that height necessary for their properfunctioning.(b) Towers and antennas. The height limitations applicable to buildings andstructures shall not apply to towers and antennas. The requirements set forth inSection 5.6 shall govern the location of towers and antennas that are installed ata height in excess of the height limitations specified for each zoning district.5.20-3 Yard and setback exceptions:(a) Front setback determination. In any zoning district where lots on the sameside of the street between two intersecting streets are developed with varyingfront yard depths and no plat has been filed showing a setback line, the frontsetback shall be determined by the Planning Director.(b) Official line and measurement. Where an official line has been established forfuture widening or opening of a street upon which a lot abuts, then the depth orwidth of such yard shall be measured from such official line to the nearest line ofthe building.(c) Open yard. Every part of a required yard shall be open from its lowest point tothe sky unobstructed, except for the ordinary projection of sills, belt courses,cornices, chimneys, buttresses, ornamental features and eaves, provided thatnone of the above projections shall extend into a required yard more than 24inches. In residential districts, canopies or open porches having a roof area notexceeding 60 square feet may project a maximum of six feet into the requiredfront yard. In zero lot line districts canopies or open porches having a roof areanot exceeding 120 square feet may project a maximum of five feet into therequired side building setback, except in the case of a corner lot, where therequired side yard is adjacent to the street, no encroachment may be allowed.(d) Exterior stairway. Any exterior stairway, open or enclosed, may project notmore than four feet into a required rear building setback.(e) Commercially or industrially zoned lots. No rear building setback shall berequired on any lot commercially or industrially zoned, the rear line of whichadjoins a railway right-of-way or which has a rear railway tract connection,provided the lot is not utilized for residential purposes.(f) Computing the depth of a rear yard. In computing the depth of a rear yard forany building where such yard abuts a dedicated alley, one-half of such alley maybe assumed to be a portion of the rear yard.(g) Private garages on comer lots. On a corner lot, a private garage, whenattached to the main building and not exceeding the height of the main building,may extend into the required rear building setback to a point not less than 18 feetfrom the rear yard lot line, and shall not occupy more than 30 percent of therequired rear yard.(h) Decreasing rear yard setbacks. In any mobile or manufactured homesubdivision in the mobile home zoning district, the rear yard setback requirementmay be decreased one foot for every foot the side yard is increased above theminimum; provided that under no circumstances shall the rear yard be less thanten feet. This exception shall apply only to mobile homes and not to site-builtresidences.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU: 1 .01aRRiRgiZeRiRg Or

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(i) Interior side yard. In any district, an interior side yard of five feet may bepermitted for a one or two family dwelling or an addition to a one or two familydwelling if the lot on which it is to be built is less than 60 feet wide at the frontsetback line and the lot was in separate ownership prior to September 25, 1967.5.20-4 Lot width and area exceptions. Where a lot or parcel has less than the requiredwidth or area prescribed for the particular zoning district and the lot or parcel was inseparate ownership or platted prior to September 25, 1967, the lot area or widthrequirement will not prohibit erection of a one family dwelling.5.20-5 Lot area and on-site sewage facilities. Where on-site sewage facilities are used,lot area for duplex, townhouse, multifamily and non-residential uses may be determinedby the City Sanitarian, but shall not be less than required by the applicable zoning districtor state law.5.21. Non-Residential and Multifamily Design Standards.5.21-1. Applicability of Non-Residential Design Standards. All non-residential andmultifamily buildings, with the exception of those described in Section 5.21-2, below, thatare adjacent to or front a public roadway, public park or Residential District must complywith the standards of this Section.5.21-2. Structures Exempt from Design Standards.(a) Industrial uses. The Planning Director may exempt industrial use buildingswhen located in an "M-1 Light Industrial District", "M-1A Light Industrial District","M-2 Heavy Industrial District" and "M-2A Heavy Industrial District" and whereadjacent to other properties zoned and/or used for industrial or agriculturalpurposes;(b) Expansions of existing buildings containing 10,000 sq. ft. or less grossfloor area, if the expansion is no more than 40 percent of the existing buildingarea;(c) Expansions of existing buildings containing more than 10,000 sq. ft grossfloor area, if the expansion is no more than 20 percent of the existing buildingarea;(d) Metal buildings used for industrial uses are not exempt from additionallandscape standards as required in Section 5.21-3(e).5.21-3. Building Mass, Articulation and Building Elements.(a) Purpose. In order to provide building articulation and interest in designand human scale to the fa~ade of a building, a variety of building techniques arerequired. The purpose of this section is to ensure that the front of non-residentialand multifamily structures have a variety of offsets, relief, and insets to provide amore interesting fa~ade appearance.(b) Applicability. The following articulation standards shall apply to buildingfacades facing a public street.(c)Building Articulation.(1) Horizontal (or Depth) Articulation.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaAAiAOIZ

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(i) Maximum Distance between Offsets: No building fa~adeshall extend for a distance greater than three times its averageheight without a perpendicular offset.(ii) Minimum Depth of Offsets: Offset depth shall be aminimum 15 percent of the average building height.(iii) Minimum Length of Offsets: Offset shall extend laterallyfor a distance equal to at least 10 percent of the entire fa~ade.(iv) Offset Depth Variation: Offsets can be of varying depthas long as the minimal standard is satisfied.(v) Fa~de Calculation: For calculation purposes, thefa~ade shall be considered the total distance of the building line.NoArticulationImage 1: Horizontal (or Depth) Articulation Examples·--IllustrationPhotographDepthArticulationNote: Examples are for Illustrative Purposes Onlyr~ ~~ ~ - , .~ 'll ' ~- --- ,I J -- ~-_~,···~ ~_. ~U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU :\PiaRRiRg\£eRiRg OFdiRaRse\£eRiRg re•JisieRs~ Page354Page354)

~:;·"' 0a.:;·0>£I~~(I)z~·"'1:50"'en(I)p"'--_./~:J.~If"tliii"5:;·:0~:!."IOa.:;·0>i(I)" 0.~c;r "~ "'~i;:·c..>$.ffi 5·" en"' S!"' c.'~Building Specifications:Length .. 250'Height .. 25'Articulation Requirement*:• Based on building size(A) Minimum offset spacing: 75'(B) Minimum depth of oHsets: 3.75'(C) Minimum offset length: 25'Image 2: Conceptual Example of Horizontal (or Depth) Articulation(Articulation requirements are calculated by building size)250'120' Buflding!---170.8' -----J 25'~ Sl' ------r- 25' •- _J..Parking• 70.8' -1L3.75'~~~~~~(I)!ll"'

Zoning Ordinance- effective Nov. 8, 2006Sec. 5(2)Vertical (or Height) Articulation.(i) Maximum Distance between Elevation Changes: No wallshall extend horizontally for a distance greater than three timesits average height without a change in elevation.(ii) Minimum Height of Elevation Changes: An elevationchange height shall be a minimum 15 percent of the averagebuilding height.(iii) Minimum Length of Elevation Changes: An elevationchange shall continue to extend laterally for a distance equal toat least 10 percent of the entire fa~tade.(iv) Elevation Change Variation: Elevation changes can beof varying heights as long as the minimal standard is satisfied.(v) Faifade Calculation: For calculation purposes, thefa~tade shall be considered the total distance of the buildingfa~tade.Image 3: Vertical (or Height) Articulation ExamplesIllustrationPhotographNoArticulation- - -c ~~- -'=.-::,--cc.::--r --- - ~ c1 ~--~~~~- J._ ~ - J-~~- ---~~-~ f ( ·JVerticalArticulation------ -~- --. I 1@Tt;:t1lh; -....::v~I~m,H'I \ ~I I I ,_,! I I- i J - - I >1~=-·='""- -- ·-~U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRg\;!;eRiRQ OFIJiRaRGe\;1;9RiRg re•;isieRs~ Page356 Page356)

~::1:;·co0a:;·D>::1~I[~·z~·""g "'"'(f)~"''"'--".~;J.~If"Uiii"::1:!.:5~'5".0a:;·D>::1ICDs.I"' :?:5:....... o·"'"'::1"':? "'"' c.~Image 4: Conceptual Example of Vertical (or Height) Articulation(Articulation requirements are calculated by building size)Building Specifications:Length = 250'Height= 25'Articulation Requirement*:"* Based on building size(A) Minimum distance between elevation changes: 75'(B) Minimum height of elevation change: 3.75'{C) Minimum length of elevation change: 25'·~4"-v~v.f~t'q~

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(d) Building Elements.All buildings shall incorporate at least four of the following building elements:(1) lighting features,(2) awnings,(3) canopies,(4) alcoves,(5) windows,(6) recessed entries,(7) ornamental cornices,(8) pillar posts,(9) other building elements that contribute to the human scale of abuilding.(e) Additional Landscaping for Metal Buildings for Industrial Uses. All metalindustrial buildings shall incorporate the following elements in addition to Section5.2 of the Zoning Ordinance:(1) A minimum of one tree and four shrubs for every 40 feet (orportion thereof) of building fa9Bde shall be installed using trees from theapproved plant list (Zoning Ordinance: Chapter 144}. The aboverequirements shall be planted within 40 feet of the building fa~de.(2) Trees shall be planted no closer than 20 feet apart.(3) In no event may trees other than ornamental trees listed inAppendix A of the Zoning Ordinance be planted under overhead powerlines.(4) All new trees shall be provided with a permeable surface of 60square feet per tree under the drip line.(5) All planting areas shall be a minimum offive feet in width.5.21-4. Exterior Building Materials.Masonry Requirement. At least 80 percent of the vertical walls of all buildings (excludingdoors and windows) to which these standards apply, shall be finished in one or more ofthe following materials:(a)Permitted by Right:(1) Brick, stone, cast stone, rock, marble, granite, glass block, tile;(2) Stucco or plaster;(3) Glass with less than 20 percent reflectance (however, only amaxim 11m of 50 percent of a h11ilding may be constn 1cted in glass)·U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxiJ:\PiaAAiAOIZeAiAO OraiAaAseiZeAiAO revisieAs~ Page35BPage 358

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5&__Split-face concrete block, poured-in-place concrete, and tilt-wallconcrete. Any use of concrete products shall have an integrated colorand be textured or patterned. Tilt-wall concrete structures shall includereveals, punch-outs, or other similar surface characteristics to enhancethe fa9ade on at least ten percent of each fa9ade.-------~~---~-----,Formatted: List Paragraph, Left, No bullets or i(5) Cellulose fiber-reinforced cement building 9eaffiplank products. i.e.+,, numbering, Tab stops: Not at 2.38" _jHardi-BaaffiPiank products or other cement building products ' i Formatted ~approved by a nationally recognized building products evaluationservice. The use of vertical boards may only be allowed in a boardand batten design style.Formatted: List Paragraph, Left, N;b~ii;;!;;;l(6) Exterior Insulation and Finish System (EIFSl or equivalent product.+,, numbering _j(b) S!Jesial Use Permit Require€!: The following elderior buiiEiing materialsrequire a S!Jesial Use Permit (S.U.P) in assorEianse 'Nith Sestion J.e of theZoning OrEiinanse.(1) Elderior Insulation an€1 Finish System (EIFS) or equivalent~(2) Cellulose fiber reinforse€1 sement buiiEiing boar€! ~JroEiusts, i.e.l=larEii Boar€! ~JroEiusts or other sement buiiEiing !JroEiusts a~J~Jrove€1 by anationally resognize€1 buiiEiing !JroEiusts evaluation servise.(c) Additions to existing structures with vertical walls made of wood,including shingles and siding, may utilize wood in an amount consistent with thepercentage of wood on the original structure.5.21-5. Consistent Fagade Standard.(a) All fa9ades or sides of a building shall be designed with architecturalstyle and building materials consistent with the front facade.(b) Side or rear facing facades, not on a public roadway, are not required tomeet the articulation standards in Section 5.21-3.5.21-6. Roof Treatments.(a) Parapets shall be used to conceal roof top equipment on flat roofs. If asight line drawing is provided with the site plan showing that all roof topequipment will not be visible from the front or siEie !Jro~Jerty line public right ofway or adjacent property., then a parapet wall shall not be required..__ ' , ' i Formatted''"-,-~~""""""""-"""-""""_"jFormatted: Indent: Left: -2:38-~~N~~ii;ts o;lnumbering, _ _jImage 5: Sight Line Example)U:\Piannin \Zonin~f'klte: Examples are for Illustrative Purposes OnlyPage359

)Zoning Ordinance- effective Nov. 8, 2006Sec.5~Front Property line(b) Where overhanging eaves are used, overhangs may be no less than twofeet beyond the supporting walls.(c) Any roof using shingles shall use dimensional shingles (shingles thathave a shadow at the top exposure to give added depth and definition).(e) Red Tile Roofs: Red tile roofs are not considered shingles for thepurpose of the section.5.21-7. Roof Types.The following types of roofs are prohibited:(a) Mansard roofs and canopies without a minimum vertical distance of eightfeet and at an angle not less than 25 degrees, and not greater than 70 degrees;(b)Back-lit awnings used as a mansard or canopy roof.5.21-8. Entryways!Customer Entrance Treatments and Pedestrian Routes.(a) Any front entry shall be set back from the drive a minimum distance of 15feet.)(b) Single-use or multi-tenant buildings over 60,000 square feet in size mustprovide clearly defined, highly visible customer entrances that include an outdoorpatio area, at least 200 square feet in area, that incorporates the following:(1) Benches or other seating components;(2) Decorative landscape planters or wing walls that incorporatelandscaped areas;5.21-9. Applications Procedures.(3) Structural or vegetative shading; and(4) Pedestrian routes between parking areas and buildings.The above standards shall be required to be shown on a site plan that is part of a buildingpermit application. Fac;:ade elevation drawings shall also be required.5.21-10. Appeal Procedures.(a)(b)Enforcement of this ordinance may be appealed to the City Council.Appeal Procedures:(1) All appeal actions for a site plan application denied bythe Planning Director or his/her designee shall beU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxiJ:'"IaRRiRgiZaRiRO OFiliRaRsaiZaRiRO re>JisiaRs~ Page360Page360

)Zoning Ordinance- effective Nov. 8, 2006Sec. 5Section 5.22. Temporary Vending Operations.submitted to and reviewed by the City Council, ifrequested by the applicant.(2) An appeal must be made in writing on an applicationform available in the Planning Department, shall beaccompanied by an application fee of $300 and shallinclude a site plan, building elevation plan andlandscape plan.(3) The appeal shall be scheduled for consideration of thesite plan on the regular agenda of the Council within 30days after the appeal application is received, or, in thecase of an incomplete application, 30 days after thesubmission is deemed complete.(4) The Council shall review the site plan and shallrecommend approval, approval subject to certainconditions, or disapproval of the concept plan or buildingsite plan.(5) The City Council shall determine final approval ordisapproval of all site plan appeals.5.22-1. Applicability. On improved property, a vendor may set up an accessory use aslong as a permit is issued. Temporary vending operations are permitted in all nonresidentialdistricts with an approved site plan and permit. It is also expressly prohibitedto solicit anywhere a sign is posted that says "NO SOLICITING" or words and/or symbolsto that effect.Anyone wishing to peddle, solicit, or vend from private property may do so as long as allapplicable codes and ordinances of the city are met, and a vending permit is issued bythe City. There can be no such activity on vacant, unimproved property.5.22-2. Permit and Fee. An application processing fee of $25.00 is required for eachvendor permit application. No fee is required for fundraising activities but an applicationand site plan are required.5.22-3 Merchandise. All merchandise offered for sale must be consistent with theZoning Ordinance.5.22-4 Time. The temporary vendor permit is valid for a period not to exceed 90 days inthe same location. A vendor cannot set up activities on the same property within 30consecutive days of the expiration of a vendor permit for the same location by the samevendor.5.22-5 Parking. Parking allocated for the patronage of the primary, permanent hostbusiness shall not be utilized for set up or parking of the temporary vending operation.Additional parking spaces must be available from the primary business. Parking must bepaved. One space is required per vendor.5.22-6 Location. All vending activities must occur on private property. No activity,parking, or signage may be located on public property or street right-of-way or within 25feet of a street intersection, as measured at the right-of-way line, as to create a visualU:\Pianning\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:'PiaAAiAgiZ

Zoning Ordinance- effective Nov. 8, 2006Sec.5I1distraction. Anyone wishing to sell, take orders for immediate or future delivery, collectmoney or property, or attempt to do any of the foregoing, in exchange for a good orservice, is prohibited from peddling, soliciting, or vending or advertising from any publicstreet or park in the City of New Braunfels.No vendor shall sell or vend within 1,000 feet of any public or private school groundsduring regular class session hours.5.22-7 Setbacks. All vendor activities must occur a minimum of 25 feet from the hostbusiness. All activities must be located a minimum of 50 feet from flammable combustibleliquid or gas storage and dispensing structures.5.22-8 Refuse. At least one 100 gallon garbage receptacle (dumpster) must be locatedon the host property and accessible to all vendor activities at all times during thepermitted period. Permitted sites must be kept clean of all debris, trash, and litter at alltimes.5.22-9 Fire Extinguisher. All temporary stands shall be equipped with a fire extinguisher.5.22-10 Noises. No vendor shall use a sound device, including a bell, horn, voice(amplified or not) to attract attention.5.22-11 Codes and Ordinances. The existing property and uses must be and remain incompliance with all applicable codes and ordinances. The accessory use of the vendorwill be in compliance with all applicable codes and ordinances (e.g. vendor would meetzoning requirements for setbacks and permitted uses, fire codes, health codes, etc.)5.22-12 Restroom facilities. The vendor and vendor's employees and customers musthave unrestricted access to restrooms at all times the vendor is on the property. Noportable restrooms may be used. The designated restroom must be in a publiccommercial operation and must be to code.5.22-13 Utilities. No permanent water, sewer, electric, gas, or phone facilities may beconnected to the vending operation. Any use of extension cords must be no longer thana maximum of 50 feet, including multiple cords. A maximum of 2 cords may be utilized.Extension cords may not cross an area of vehicular traffic.5.22-14 Maximum number of vendors. An existing non residential property may have amaximum number of two permitted vendors at any one time.5.22-15 Food Establishments. Vendors providing food services must be registered andinspected by the City Health Department. No seating may be provided for temporaryfood vending.5.22-16 Storage of inventory. No inventory may be stored on trailers on the hostproperty unless the trailers are not accommodating parking spaces that are additional tothe host property's operations. No inventory may be viewed from the public right-of-wayor from residential property during non-operating hours.5.22-17 Use of Vehicles for Vending. Any vehicle used for vending purposes must befully operational and capable of driving. Vehicles may not be placed on blocks or jacks.No permanent or temporary foundation may be placed or constructed for a temporaryvending operation. Any external structures (decks, stairs, etc.) must be shown on the siteplan and removed at the end of the permitted period.)U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaRRiRgiZaRiRO OFdiRaRsa\ZeRiRQ re"isieRs~ Page362Page 362

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 55.22-18 Signage. All temporary vending operations must comply with Chapter 106,Signs. Sandwich boards, banners attached to a building, and pennants are permitted.No banners may be utilized which stand independently utilizing stakes, t-posts, orotherwise attached to the ground.5.22-19 Downtown vending. Any vendor wishing to set up in the downtown area asdelineated in Section 5.1-1(b), Figure 3, New Braunfels Code of Ordinances, must bepermitted through the Main Street Department.5.22-20 Provision of Recreational Activities. No recreational activities may be permittedthrough the Temporary Vending Operation ordinance.5.22-21 Special Events. Special events may operate for a maximum of 10 days, atwhich time the vending operation must be removed. The event may recur a maximum ofonce per month. All temporary facilities (booths, utilities) must be removed betweenevents. A minimum of 10 vendors must be present to be considered a special event.Port-a-potties are permitted with special events. No additional parking is required.5.22-22. Application Procedures. An application shall be submitted to the PlanningDepartment for review and decision. All vendors providing food or drink services shallalso submit an application to the Health Department.The Planning Director shall have the authority to make decisions concerning the site planand other information provided during the consideration of a vendor permit. The PlanningDirector will approve or deny the permit application.5.22-23. Application Elements.a. The vendor provides, with the application, a letter and drawing from theowner of the property stating:i. the name and home address of the vendor and any otheremployees or helpers;ii. the purpose of the vending operation (for example. "sellwatermelons");iii. the dates and times of the operation;iv. the location on the property where the vending will take place;v. the vendor and vendor's employees and customers haveunrestricted access to bathrooms and off-street paved parking atall times the vendor is on the property;vi. miscellaneous information necessary to determine thecompliance of the property, improvements, and vendoroperations with City applicable codes and ordinances.b. The vendor provides, with the application, a copy of a State of Texassales tax certificate issued to him/her for the proposed vending operationif the vended items are taxable.c. The permit must be visibly posted on all vendor operations with theexpiration date.5.22-24 Penalties. Permits may be revoked by the Director of Planning, Chief of Police,Health Department, or other City authority for any of the following causes:U:\Pianninq\Zoning Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\Pianning\Zaning OFllinanGe\Zaning reuisiens~ Page363 Page 363)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5a. Fraud, misrepresentation, or a false statement contained in theapplication for the license;b. Fraud, misrepresentation, or a false statement made in the course ofconducting business;c. Any violation of any city code or ordinance that has not been brought intocompliance within 24 hours of notification.d. Conviction of any crime or misdemeanor involving moral turpitude;e. Conducting the business in an unlawful manner so as to constitute abreach of the peace or a menace to the health, safety, or general welfareof the public.If a vendor has violated this or any other applicable part of the City's municipal code whileconducting business with a permit issued under this section, the business owner shall bepenalized as follows:1. The first offense shall result in a warning and the operation shall bring thebusiness into compliance within 24 hours or the permit shall be revoked. $500.00for each offense per day.2. The second offense shall result in the operation having the permit revokedimmediately and the vendor shall be prohibited from obtaining a permit· under thissection for one year from the date of the offense. $1000.00 for each offense perday.3. The third offense shall result in the operation having the permit revokedimmediately and the vendor shall be prohibited from obtaining a permit under thissection indefinitely. $2000.00 for each offense per day.If a host business has violated this or any other applicable part of the City's municipalcode while allowing temporary vendor operations to be conducted with or without apermit issued under this section, the business owner shall be penalized as follows:1. The first offense shall result in a warning and the host shall correct theviolation within 24 hours or the permit shall be revoked. $500.00 for each offenseper day2. The second offense shall result in the operation having the permits of all thehost's vendors revoked immediately and the host shall be prohibited from hostingtemporary vendors for one year from the date of the offense. $1000.00 for eachoffense per day3. The third offense shall result in the operation having the permits of all thehost's vendors revoked immediately and the host shall be prohibited from hostingtemporary vendors indefinitely. $2000.00 for each offense per day.5.22-25. Appeal Procedures.(a) Enforcement of this ordinance may be appealed to the City Council.(b) Appeal Actions.U:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\Pianning\Zening OF

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5(1) All appeal actions for a site plan application denied by the PlanningDirector or his/her designee shall be submitted to and reviewed bythe City Council, if requested by the applicant.(2) The appeal shall be scheduled for consideration of the site plan onthe regular agenda of the Council within 30 days after thesubmission is received, or, in the case of an incompletesubmission, 30 days after the submission is deemed complete.(3) The Council shall review the site plan and shall recommendapproval, approval subject to certain conditions, or disapproval ofthe concept plan or site plan.ill_ The City Council shall determine final approval or disapproval of allsite plan appeals.Insert new residential buffering section and renumber+- - - -( Formatted: No bullets C)~~~~~b;ring -==~=]Section 5.23. Temporary Mobile Storage Units.5.23-1. Applicability. A property owner or lessor may place a temporary mobile storageunit on a property used for non residential purposes as long as a permit is issued.5.23-2. Permit and Fee. An application processing fee of $25.00 is required for eachapplication to place a temporary mobile storage unit.5.23-3 Time. The temporary storage unit permit is valid for a period not to exceed 180days in the same location. A unit cannot be set up on the same property within 30 days.5.23-4 Parking. Parking allocated for the patronage of the primary business shall not beutilized for placement of the temporary storage unit. Additional parking spaces must beavailable.5.23-5 Location. All temporary storage may only be placed in non residential zoningdistricts. Units must be placed behind the main structure on a paved surface. No unitsmay be placed on public property or street right-of-way or within 25 feet of a streetintersection, as to create a visual distraction.5.23-6 Screening. Any temporary structure that can be seen from any adjoiningresidential use or zoning district that allows a residential use must be screened from viewthrough the placement of a 6-8 ft. solid screening fence.5.23-7 Setbacks. All temporary storage units must be placed a minimum of 50 feet fromthe primary business. All units must be located a minimum of 100 feet from flammablecombustible liquid or gas storage and dispensing structures.5.23-8 Codes and Ordinances . The existing property and uses must be and remain incompliance with all applicable codes and ordinances.5.23-9 Utilities. No permanent water, sewer, electric, gas, or phone facilities may beconnected to the temporary storage unit. Any use of extension cords must be no longerthan a maximum of 50 feet, including multiple cords. A maximum of 2 cords may beutilized. Extension cords may not cross an area of vehicular traffic.)U:\Pianninq\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAgiZeAiAg OFEliAaAGe\ZeRiA!J re'lisieAs~ Page365 Page365

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 55.23-10 Maximum number of temporary storage units. An existing non residentialproperty may have a maximum number of one unit.5.23-11 Signage. No signage of any type may be attached to the storage unit.5.23-12. Application Procedures and Elements. An application shall be submitted to thePlanning Department for review and decision. The application shall include:1. The number, size, and company providing the temporary storage containers.2. The expected date of placement and date of removal of the containers.3. A site plan showing the placement of each container and distances fromproperty lines. The Site plan shall include the location of fencing or otherscreening as required in Section 5.23-2.The Planning Director shall have the authority to make decisions concerning thesite plan and other information provided during the consideration of the siting oftemporary storage containers.5.23-13 Penalties. Permits may be revoked by the Director of Planning, Chief of Police,Health Department, or other City authority for any of the following causes:a. Fraud, misrepresentation, or a false statement contained in the application forthe license;b. Fraud, misrepresentation, or a false statement made in the course ofconducting business;c. Any violation of any city code or ordinance that has not been brought intocompliance within 24 hours of notification.d. Conducting the business in an unlawful manner so as to constitute a breachof the peace or a menace to the health, safety, or general welfare of the public.If a business has violated this or any other applicable part of the City's municipal codewhile conducting business with a permit issued under this section, the business ownershall be penalized as follows:1. The first offense shall result in a warning and the operation shall bring thebusiness into compliance within 24 hours or the permit shall be revoked.$500.00 for each offense per day2. The second offense shall result in the operation having the permit revokedimmediately and the vendor shall be prohibited from obtaining a permit under thissection for one year from the date of the offense. $1000.00 for each offense perday3. The third offense shall result in the operation having the permit revokedimmediately and the vendor shall be prohibited from obtaining a permit under thissection indefinitely. $2000. 00 for each offense per day.5.23-14. Appeal Procedures.(a) Enforcement of this ordinance may be appealed to the City Council.(b) Appeal ActionsU:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgiZ

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 5Section 5.24. Heliports and Helistops.(1) All appeal actions for a site plan application denied by the PlanningDirector or his/her designee shall be submitted to and reviewed by theCity Council, if requested by the applicant.(2) The appeal shall be scheduled for consideration of the site plan onthe regular agenda of the Council within 30 days after the submission isreceived, or, in the case of an incomplete submission, 30 days after thesubmission is deemed complete.(3) The Council shall review the site plan and shall recommendapproval, approval subject to certain conditions, or disapproval of theconcept plan or site plan.(4) The City Council shall determine final approval or disapproval of allsite plan appeals.5.24-1. Applicability. Heliports and helistops shall conform to all FAA rules governingsuch uses.5.24-2. Permit and Fee. An application processing fee of $25.00 is required for eachapplication to operate a heliport or helistop in the appropriate zoning district andaccording to FAA and other regulations.5.24-3. Parking. A heliport/helistop must not take up existing parking spaces allocated toanother use. Parking spaces must be available for the heliport/helistop use.5.24-4. Location. No heliport or helistop shall be located within 1000 feet from aresidential zoning district or a public or private school or within 500 feet from a park.Helistops for emergency use may be within 500 feet of a residential zoning district,school, or park. Temporary landing sites may be permitted through a Special UsePermit.5.24-5. Setbacks from Property Lines. 100 feet for takeoff and landing area; 25 feet forhelicopter maintenance facilities; 15 feet for administration and operations building.5.24-6. Approach and Departure Paths. Heliports and helistops shall establish andutilize approach and departure routes over non residential uses to the maximum extentpossible.5.24-7. Codes and Ordinances. The existing property and uses must be and remain incompliance with all applicable codes and ordinances.5.24-8. Landingffakeoff area. Shall be of a paved surface and free of gravel, dirt, dust,structures, and debris.5.24-9. Signage. A sign advertising a commercial operation may be provided followingthe City's sign ordinance.5.24-10. Lighting. All lighting shall be directed away from adjacent properties and publicrights-of-way.5.24-11. Minimum separation. Minimum separation between all heliports and helistopsshall b& 1 5 mil&s, &xGept for helistops used for &mergeRcy useU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:'PiaAAiAQIZeAiAQ OrdiAaAse\ZeAiAQ Fll"isieAs2Q.1.4..dQG Page 367 Page367)

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 55.24-12. Hospital Helistop. Helistops for emergency use shall have a standard landingarea with the words "emergency only''. Helistops shall be limited to touchdown and liftoffonly, and shall have no maintenance, storage, or refueling facilities. Helistops may belocated at ground level or rooftop and shall be paved and maintained.5.24-13. Application Procedures. An application shall be submitted to the PlanningDepartment for review and decision. The following items shall be included in anapplication submission:1. A site plan which includes existing and proposed structures and trees.2. A land use map showing the current land uses and zonings within a onemile area of the takeoff and landing area must be provided that clearlyshows the proposed flight path.3. A description of the proposed operations, type and size of helicoptersexpected to use the facilities, and projected number and timing of dailyflights. Commercial operations must provide hours of operation, ifapplicable. Hours shall be approved based on use.4. A noise study showing existing day/night average noise levels in decibels(LON contours) and future day/night average after operation begins. Thestudy must also provide single event maximum sounds levels expectedfrom certain types of helicopters that may utilize the facility.The Planning Director shall have the authority to make decisions concerning thesite plan and other information provided during the consideration of aheliport/helistop permit.5.24-14 Penalties Permits may be revoked by the Director of Planning, Chief of Police,Health Department, or other City authority for any of the following causes:a. Fraud, misrepresentation, or a false statement contained in the applicationfor the license;b. Fraud, misrepresentation, or a false statement made in the course ofconducting business;c. Any violation of any city code or ordinance that has not been brought intocompliance within 24 hours of notification.d. Conviction of any crime or misdemeanor involving moral turpitude;e. Conducting the business in an unlawful manner so as to constitute a breachof the peace or a menace to the health, safety, or general welfare of thepublic.If a business has violated this or any other applicable part of the City's municipal codewhile conducting business with a permit issued under this section, the business ownershall be penalized as follows:1. The first offense shall result in a warning and the operation shall bring thebusiness into compliance within 24 hours or the permit shall be revoked.$500.00 for each offense per dayU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxY:\PiaRRiRgiZc:miRg Orc:tiRaRGeiZeRiRg revisieRs2l»4.c:teG Page 368Page368

Zoning Ordinance- effective Nov. 8, 2006 Sec. 52. The second offense shall result in the operation having the permit revokedimmediately and the vendor shall be prohibited from obtaining a permit under thissection for one year from the date of the offense. $1000.00 for each offense perday3. The third offense shall result in the operation having the permit revokedimmediately and the vendor shall be prohibited from obtaining a permit under thissection indefinitely. $2000.00 for each offense per day.5.24-15. Appeal Procedures.(a) Enforcement of this ordinance may be appealed to the City Council.(b) Appeal Actions.(1) All appeal actions for a site plan application denied by the PlanningDirector or his/her designee shall be submitted to and reviewed bythe City Council, if requested by the applicant.(2) The appeal shall be scheduled for consideration of the site plan onthe regular agenda of the Council within 30 days after thesubmission is received, or, in the case of an incomplete submission,30 days after the submission is deemed complete.(3) The Council shall review the site plan and shall recommendapproval, approval subject to certain conditions, or disapproval of theconcept plan or site plan.(4) The City Council shall determine final approval or disapproval of allsite plan appeals.U:\Pianning\Zoning Ordinance\Amendmenls 2012\Zoning revisions 2012.docxU:\PiaAAiAQIZ9AiAQ OmiAaAse\ZsAiAQ revisisAs~ Page369 Page369)

Draft Revisions to Chapter 144, Zoning Sec. 6Sec. 6. Penalty.6.1. General. Any person, firm or corporation violating any of the provisions of this Chapter shallbe deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not morethan $2,000.00; each day such violation continues shall constitute a separate offense.6.2. Minimum fine. The minimum fine for a violation of the provisions of this Chapter related torental for less than one month and occupancy of a dwelling unit in a one- or two-family dwellingby more than five unrelated persons or not living as a single household unit shall be $500.00.6.3. Court action or proceedings. In case any building or structure is erected, constructed,reconstructed, altered, repaired, converted or maintained, or any building, structure or land isused, in violation of the general law or of the terms of this Chapter, the City of New Braunfels, inaddition to imposing the penalty above provided, may institute any appropriate action orproceedings in court to prevent such unlawful erection, construction, reconstruction, alteration,repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to preventthe occupancy of such building, structure or land, to prevent the illegal act, conduct, business oruse, in or about such land, and the definition of any violation of the terms of this Chapter as amisdemeanor shall not preclude the City of New Braunfels from invoking the civil remedies givenit by law in such cases, but same shall be cumulative of and in addition to the penaltiesprescribed for such violation.U:\Pianninq\Zoninq Ordinance\Amendments 2012\Zoninq revisions 2012.docxU:\PiaRRiRgiZeRiRg OrdiRaRGeiZGRiRg revisiGRB~ Page370)