10-S-11-UDC Amendent to fence and site plan ORDINANCE NO. 10-5-11
AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
SCHERTZ, TEXAS; REPEALING ALL ORDINANCES AND CODES OR
PARTS OF ORDINANCES AND CODES IN CONFLICT WITH THIS
ORDINANCE AND THE AMENDMENTS AUTHORIZED HEREIN; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance No. 10-5-06, the City Council of the City of Schertz,
Texas (the "City) adopted an Amended and Restated Unified Development Code on April 13,
2010 (the "Current UDC"); and
WHEREAS, City Staff have recommended certain revisions to the current UDC; and
WHEREAS, the City Council has been presented with the proposed amendments and
finds that they are appropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The Current UDC is hereby amended as follows:
a. Section 21.9.8.A.1. of the Current UDC is hereby amended to read as
follows by the addition of subsection 21.9.8.A. l .b:
"1. Height
a. No fence, screen, or wall shall exceed eight feet (8') in height. No
fence, screen, or wall within a required front yard shall exceed four feet (4') in
height. Fences constructed in the front yard shall be non-opaque, decorative
fences and shall not interfere with the sight visibility triangle as required by this
UDC or any other applicable City ordinances, codes or regulations.
b. Exceptions:
(i) A fence not to exceed six feet (6') in height may be
installed in the front yard of property located in a Residential Agricultural
(RA) District which is not in a mandatory homeowners' association or
within the jurisdiction of a mandatory architectural review committee and
which contains a minimum of two (2) acres.
(ii) A fence not to exceed six feet (6') in height may be
installed in the front yard of property located in a Residential Agricultural
(RA) District which is in a mandatory homeowners' association or within
the jurisdiction of a mandatory architectural review committee with the
written approval of the homeowners' association or the architectural
review committee, which approval must accompany the application for
fence permit.
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(iii) Any such fence under this paragraph (b) shall be a non-
opaque decorative fence which shall not interfere with the sight visibility
triangle as required by this UDC or any other applicable City ordinances."
b. Section 21.9.12.C of the Current UDC is hereby amended to read as
follows by the deletion of subsection 21.9.12.C.2, which incorrectly provided for site plan
approval by the Planning & Zoning Commission:
"C. Processing of Application and Decision.
An application for a Site Plan shall be submitted to the City Manager or his/her
designee. The City Manager or his/her designee shall review the application for
completeness in accordance with section 21.4.2. The City Manager or his/her
designee may, at his/her option, request a recommendation from any other City
Department or consultant. The City Manager or his/her designee shall notify the
applicant of items requiring correction or attention before providing a
recommendation on the application. After appropriate review and the applicant's
correction of any deficiencies, the City Manager or his/her designee shall approve
the site plan."
The Table of Contents to the Current UDC, as revised herein, shall be updated to reflect such
changes and this amending Ordinance shall be noted on the cover of the revised UDC.
Section 2. The' recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance or the Amended and Restated Unified
Development Code authorized herein are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section S. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter SS 1, as amended, Texas Government Code.
Section 7. This Ordinance and the Amended and Restated Unified Development
Code authorized herein shall be effective upon the date of final adoption hereof and any
publication required by law.
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PASSED ON FIRST READING, the 1 lth day of May, 2010.
PASSED, APPROVED and ADOPTED ON SECOND - DING, the 18th day of May,
2010.
~r
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz, Texas
(Seal of City)
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