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

)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