2006S33-UDC Amendments
ORDINANCE NO. 06-$-33
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS;
AMENDING THE UNIFIED DEVELOPMENT CODE (UDC)
ORDINANCE NO. 96-S-28 BY AMENDING ARTICLE III (ZONING
DISTRICTS), ARTICLE IV (PERMISSIBLE USES), AND ARTICLE VI
(DENSITY AND DIMENSIONAL REQUIREMENTS); ESTABLISHING A
PENALTY; REPEALING CONFLICTING ORDINANCES; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION I
"THAT, UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amending Article
III (Zoning Districts), Article IV (Permissible Uses), And Article VI (Density And Dimensional
Requirements), as attached hereto as Exhibit A."
SECTION II
TUA T this Ordinance shall be effective from and after its final passage and any publication
required by the City of Schertz.
SECTION III
TUA T all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
Approved on first reading the
PASSED, APPROVED AND ADOPTED fue
ATTEST:
J
day
2006.
Ql~~06
Hal Baldwin, Mayor
ARTICLE III - ZONING DISTRICTS AND MAP
SECTION I
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
Zoning Districts Established
Statement of Purpose and Intent for Residential Distlicts
Statement of Purpose and Intent for Non-Residential Districts
Special Districts
Oflicial Zoning Map
District Boundary Interpretation
Initial Zoning Upon Annexation
Alticle Ill: Page 1 of 9
Page
2
3
5
7
8
9
9
Alnended 7/18/06
ARTICLE III - ZONING DISTRICTS AND MAP
III. 1.1
SECTION 1- ZONING DISTRICTS ESTABLISHED
Symbol
PD
PUD
R-l
R-2
R-3
R-4
R-5
R-6
R-7
R-A
RE
APZ-RE
TH
G
MHP/SD
OP
NS
GB
GB-2
GB-3
M-l
M-2
SD
AICUZ
PUB
III.l.2
The City of Schertz is hereby geographically divided into the following zoning
districts. The use md dimensional regulations as set out in Article IV, "Permissible
Uses" and Article VI, "Density and Dimensional Requirements" are uniform in each
district. Zoning districts are established in compliance with adopted
Comprehensive and Thoroughfare Plans. Predevelopment zoning is applied to
vacant land when it initially becomes part of fue City. The districts established shall
be known as:
District Name
Pre-Development District
Planned Unit Development
Single-Family Residential District
Single-Family Residential District
Two-Family Residential District
Apartment/Multi-Family Residential District
Garden Home/Single-Family Residential District Zero Lot Line
Single-Family Residential District
Single-Family Residential District
Single-Family Residential/Agricultural District
Residential Estate
Accident Potential Zone-Residential Estate
Townhome District
Single-Family Dwelling District Gated Community
Manufactured Home Parks/Subdivision District
Office and Professional District
Neighborhood Services District
General Business District
General Business District-2
General Business District-3
Manufacturing District (Light)
Manufacturing District (Heavy)
Schertz Parkway and Roy Richard Dr./FM 3009 Overlay District
Air Installation Compatible Use Zone District
Public Use District
Residential Districts should be properly buffered from non-residential uses, and
protected from pollution and/or environmental hazards. Manufactured Homes are
only authorized in designated-zoned areas, and not allowed to substitute as a single
family home as established in R-I, R-2, R-5, R-6 and R-7 zoned subdivisions.
Alticle Ill: Page 2 of9
Amended 7118/06
III.I.3
Residential Districts should also be buffered from high volumes of traffic by
prohibiting direct access of the development to minor and principal arterials.
Residential Districts should be adequately buffered from non-residential uses as well
as from pollution sources and environmental hazards. Direct access to minor and
principal arterial streets should be prohibited.
SECTION 2 - STATEMENT OF PURPOSE AND INTENT FOR RESIDENTIAL
DISTRICTS
III.2.1
III.2.2
III.2.3
III.2.4
III. 2. 5
III. 2.6
Predevelopment District (PD). Intended for use for undeveloped land in the City of
Schertz or as a temporary designation for existing uses for newly annexed property.
This zoning is also suitable for areas where development is premature due to lack of
utilities, capacity or service and for areas that are unsuitable for development because
of physical constraints or potential health or safety hazards. This district shall also
serve as a temporary zoning classification for land mmexed into the City of Schertz.
No improvements, construction or structures may be undertaken without obtaining a
building permit and no occupancy of such improvements and structures without
obtaining a certificate of occupancy.
Planned Unit Development (PUD). Intended to provide design flexibility, thereby
enabling the applicant to capitalize on a site's desirable features in ways that would
be prohibited under the otherwise applicable standard zoning. Land may be
developed in ways that would not be possible under a strict application of standard
zoning and subdivision regulations, while providing quality controls. A PUD will
promote excellence in design, site arrangements cognizant of the natural environment
and integration of uses and structures, and will protect the integrity of surrounding
environment and development. (See Article VII, Section 7)
Single-Family Residential District (R-l). Comprised of single-family detached
residential dwellings on a minimum lot size of 9,600 square feet, togefuer with fue
schools, churches, and parks necessary to create basic neighborhood units.
Single-Family Residential District (R-2). Comprised of single-family detached
residential dwellings with a minimum lot size of 8,400 square feet, together with the
schools, churches, and parks neceSSa1'y to create basic neighborhood units.
Two-Family Residential District (R-3). Comprised of single-family attached
residential dwellings with a minimum lot size of9,000 square feet, together with the
schools, churches, and parks neeessary to create basic neighborhood units.
Apartment/Multi-Family Residential District (R-4). Intended for apartment and
multi-family developments including, but not limited to apartment buildings, duplex,
garden apartments, condominium units, assisted living centers, nursing homes and
other similar uses. Due to the infrastructure requirements for such districts, the City
of Schertz may require the applicant seeking such zoning classification to establish
Al1icle III: Page 3 of 9
Alnended 7/18/06
III.2.7
III. 2. 8
III. 2.9
III.2.10
(i) the adequacy of available access and utility facilities, (ii) sufficiency of drainage,
and (iii) provision of sufficient open space. The minimum lot size in such district
is 10,000 square feet for three (3) units and 1,800 square feet for each additional
dwelling unit. The maximum density shall be twenty-four (24) units per acre.
Apartment/Multi-family Residential Districts should not be loeated in areas where
they would increase traffic through single-family neighborhoods and should be
located adjacent to arterial streets with sufficient capacity to carry the increased
traffic generated. Multi-family developments are suitable buffers between single-
family districts and commercial uses. Multi-family districts should be buffered from
non-residential land uses and from pollution sources and enviromnental hazards.
Twenty percent (20%) of the total platted area shall be provided as common, usable
open space.
Garden Homes/Single-Family Residential District Zero Lot Line (R-5).
Comprised of single-family detached residential dwellings on a minimum lot size of
5,000 square feet together with the schools, churches, and parks necessary to create
basic neighborhood units. This District allows the main structure to be constructed
coincident with one of the side property lines, and requires only one side yard
setback in order to maximize lot usage and yet maintain a neighborhood character
consistent with conventional single-family detached homes.
No area shall be designated R-5 that contains less than five (5) adjoining lots on a
street. Zero lot line homes shall have no windows on the side of the house, which
abuts ili.e property line. Entire frontage of one side of the street in the block must be
included in the R-5 designation. Exception may be made where an alley breaks the
block on that side of the street. Homes will be uniformly located on the same side of
the lot within a street block.
Single-Family Residential District (R-6). Comprised of single-family detached
residential dwellings that are a minimum of square feet on a minimum lot size of
7,200 square feet, together with the schools, churches, and parks necessary to
create basic neighborhood units. The District is intended to be developed using the
more contemporary building styles and allowing those dwellings to be constructed
on relatively small lots.
Single-Family Residential District (R-7). Comprised of single-family detached
residential dwellings on a minimum lot size of 6,600 square feet, together with the
schools, churches, and parks necessary to create basic neighborhood units. The
District is intended to be developed using the more contemporary building styles and
allowing those dwellings to be constructed on relatively small lots.
Single-Family Residential/Agricultural District (RA). Intended to provide for
areas in which agricultural land may be held in such use for as long as is practical
and reasonable. Residences in this District are intended to be on a minimum lot size
of 21,780 square feet (one-half acre). This zoning is suitable for areas where
development is premature due to lack of utilities, capacity or service, and for areas
Alticle lII: Page 4 of9
Alnended 7/18/06
III.2.11
III.2.12
III. 2. 13
III.2.14
III.2.15
that are unsuitable for development because of physical restraints or potential health
or safety hazards.
Residential Estate (RE). Comprised of a single-fatnily detached residential
dwellings with a minimum lot size of 217,800 square feet (5 acres). This zoning is
suitable for areas where development is premature due to a lack of utilities, capacity
or service, and for areas that are generally between Ware Seguin Road and IH 10,
outside the Air Installation Compatible Use Zone (AICUZ).
Accident Potential Zone-Residential Estate (APZ-RE). Comprised of a single-
family detached residential dwellings with a minimum lot size of 217,800 square
feet (5 acres). Intended to promote compatible land residential development around
military airfields by providing information on aircraft noise exposure and accident
potential. APZ-2 extends outward 3,000-feet and is 3,000-feet wide and 5,000-feet
long. (See Article VII, Section 4).
Townhomc District (TH). Comprised of an attached residential dwelling unit in
structures built to accommodate three (3) to six (6) units per structure. Density shall
not exceed twelve (12) units per gross acre. Townhome units may be eonstructed on
a single lot, or on adjacent individual lots. Individual ownership of the Townhome
units is encouraged. Minimum lot area shall not be less than 2,500 square feet per
dwelling unit. Ten percent (10%) of the total platted area shall be provided as
common, usable open space. The TH District should not be located in areas where
they would increase traffic through single-fatnily neighborhoods and should be
adjacent to arterial streets with sufficient capacity to carry the increased traffic
generated.
Single Family Dwelling District Gated Community (G). Intended to achieve
orderly development of secured (Gated) Communities. A residential area surrounded
by a masonry or wrought iron fence wifu one or more entrances, electrically or
manually controlled gates and administered by a Homeowners Association. (See
Article VII, Section 6).
Manufactured Home Park/Subdivision District (MHP-SD). Intended to provide
for the creation and/or subdivision of allY lot, tract or parcel of land used in whole or
in part for the parking of a mobile home constructed or equipped with a permanent
hitch or other device allowing it to be moved, and which are permanently attached to
it's body or frame. The district should be properly buffered from residential and
non-residential uses and should be buffered from high volumes of traffic by
prohibiting direct access of the development to minor or principal arterials. (See
Article VII, Section 5).
SECTION 3 - STATEMENT OF PURPOSE AND INTENT FOR NON-RESIDENTIAL
DISTRICTS
Article III: Page 5 of 9
Amended 7/18/06
III. 3. 1
III. 3.2
III. 3.3
III.3.4
III.3.5
Office and Professional District (OP). Intended to provide suitable areas for the
development of office structures as well as office park developments on
appropriately designed and attractively landscaped sites. It is also intended to
provide ancillary retail service (restaurants, coffee shops, newsstands, etc.) for such
office developments. Due to the intensity of these developments, they should be
generally located along major transportation corridors, and be properly buffered
from less intensive residential uses.
Neighborhood Services District (NS). Intended to provide suitable areas for the
development of certain limited service and retail uses in proximity to residential
neighborhoods in order to more conveniently accommodate the basic everyday retail
and service needs of nearby residents. Such uses occur most often on the periphery
of established neighborhoods at the intersection of collectors and minor arterials, and
are generally on sites of approximately one to three acres in size. These
developments are to have generous landscaping and contain non-residential uses,
which do not attract long distance traffic trips. The District should be properly
buffered from residential uses and protected from pollution and/or environmental
hazards.
General Business District (GB). Intended to provide suitable areas for the
development of non-residential uses which offer a wide va1iety of retail and service
establishments that are generally oriented toward serving the overall needs of the
entire community. These businesses are usually located on appropriately designed
. and attractively landscaped sites and along principal transportation corridors.
General Business District-2 (GB-2). Intended to provide suitable areas for the
development of non-residential and light industrial uses that offer a wide variety of
retail and service establishments that are generally oriented toward serving the
overall needs of the entire community. These businesses are usually located on
appropriately designed and attractively landscaped sites and along principal
transportation corridors. These facilities should not emit dust, odor, smoke, gas or
fumes, or any other hazardous elements, which are detectable beyond the boundary
of the property. Due to fue traffic generated by such uses, these districts should be
located on arterial streets. In reviewing the proposed development, other
infrastructure considerations such as water, electric, sewer and fire line pressure
should be taken into account. Where several lots are to be jointly developed as a
light manufacturing area, restdctive covenants and development restrictions
encouraging high-level design and maintenance are encouraged.
General Business District-3 (GB-3). Intended to promote compatible non-
residential and light industrial uses which offer low-intensity office uses,
warehousing and agricultural development around military airfields by providing
information on aircraft noise exposure and accident potential. APZ-l extends
outward 3,000-feet and is 3,000-feet wide and 5,000-feet long. (See Article VII,
Section 4).
Attic1e IIi: Page 6 of9
Amended 7/18/06
III.3 .6
III. 3 .7
III.3.8
Manufacturing District-Light (M-l). Intended to provide a suitable area for the
development of light industrial, assembly and manufacturing, warehouse and
distribution facilities. These facilities should not emit dust, odor, smoke, gas or
fumes, or any other hazardous elements, which are detectable beyond the boundary
of the property. Due to the traffic generated by such uses, these districts should be
located on arterial streets. In reviewing the proposed development, ofuer
infrastructure considerations such as water, electric, sewer and firc line pressure
should be taken into account. Where several lots are to be jointly developed as a
light manufacturing area, restrictive covenants and development restrictions
encouraging high-level design and maintenance are encouraged.
Manufacturing District - Heavy (M-2). Intended to provide a suitable park-like
area for the development of intensive industrial/manufacturing activities, which tend
to emit certain offensive features such as odor, noise, dust, smoke and/or vibrations,
but under controllcd conditions. Specific Use Permit will be required by all
activities locating in this area. Uscs shall also recognize thc need for increased
water pressure and capacity in order to provide adequate fire protection.
Public Use District. Intended to identify and provide a zoning classification for
land that is owned or may be owned by the City, County, State, Federal and the
School District; land that has been dedicated to the City for public use such as pa1'ks
and recreation; and, land designated and dedicated to fue City as a greenbelt.
III.4.1
SECTION 4 - SPECIAL DISTRICTS
III A .2
Schertz Parkway Overlay District (SD). Intended to provide for the
development of a combination ofthrec or more different, frequently separate uses,
each a significant part of the development. The planning and conceptual design of
uses must provide for physical and compatible functions of projected uses such as
offices, retail business, hotel/motel, food establishments, single-family residences,
multi-family residences, etc. Proper buffering is required between residential and
non-residential uses. The requirements established for this District are not intended
to restrict imagination, innovation or variety, but to promote compatibility, ingenuity
and the blending of uses. (See Article VII, Seetion 3).
Roy Richard Dr./FM 3009 Overlay District (SD). Intended to provide for the
development of suitable sites for the development of uses typically found in non-
residential areas and establishing control over the development and construction in
the District by establishing extra restrictions over those already established for the
area. The non-residcntial uses in this area offer a wide variety of retail and service
establishments that are generally oriented toward serving the overall needs of the
community. The commercial establishments in this area should be properly
buffered from residential uses and residents protected from pollution and/or
environmental hazards. (See Article VII, Section 2).
Article lII: Page 7 of9
Amended 7118/06
III. 4. 3
Air Installation Compatible Use Zone District (AICUZ). Established to provide
control on encroachment around a military airfield, encroachment that could destroy
fue harmonious relationship existing between the local community and a military
airfield. This could eventually lead to the removal of the airfield, which would
affect the economy of the area. Restrictions established in accordance with
suggested guidelines and studies published by the military will control the
development, construction and density of the area. The area is subject to high
frequency of noise from aircraft and is at high risk to potential aircraft accidents.
(See Article VII, Section 4).
III.5.1
SECTION 5 - OFFICIAL ZONING MAP
III. 5 .2
III.5.3
III.5A
III.5.S
There shall be a map known and desiguated as the Official Zoning Map, which shall
show the boundaries of all zoning districts within the City's planning jurisdiction.
One (1) original official and three (3) identical copies of the Offieial Zoning Map are
hereby adopted bearing the affidavit of fue City Secretary and shall be filed and
maintained as follows:
A. One (1) copy of the Official Zoning Map shall be maintained in the office of
fue City Secretary;
B. One (1) copy of the Official Zoning Map shall be maintained by the City
Planning Department;
C. One (1) copy shall be filed with the City Building Inspection Depariment;
and
D. One (1) copy shall be posted in the conference room where the City Council
and Planning and Zoning Commission meet and shall be maintained by the
City Planning Department.
The boundaries of fue zoning districts as set out herein are delineated upon the
Official Zoning Map of the City; said map being a part of this ordinance as fully as if
the same were set forth herein in detail.
All amendments to the Map shall be made immediately after their enactment and the
date of the ehange shall be noted on the certificate.
Should the Official Zoning Map be lost, destroyed or damaged, the Plmming
Department may have a new map drawn. No further Plmming and Zoning or Council
authorization or action is required so long as no district boundaries are changed in
this pro cess.
Productions for information purposes may, from time to time, be made of the
Official Zoning Map. This map is available to the public.
Alticle III: Page 8 of 9
Amended 7/18/06
SECTION 6 - DISTRICT BOUNDARY INTERPRETATION
III. 6. 1
The boundaries of these districts are indicated upon the official Zoning Map of the
City of Schertz, which is on file in the offices of the City and made a part of this
Code, the smne as if copies in full herein. Where uncertainty exists as to the
boundaries of districts as shown on the Official Zoning Map, the following rules
shall apply:
A. Boundaries indicated as approximately following the centerlines of streets,
highways, or alleys shall be construed to follow such centerlines.
B. Bounda1'ies indicated as approximately following platted lot lines shall be
construed as following such lot lines.
C. Boundaries indicated as approximately following City limits shall be
construed as following such City limits.
D. Boundaries indicated as following shorelines of creeks shall be construed to
follow such shorelines; and in the event of their movement, the boundaries
shall be construed as moving with the actual shoreline. Boundaries indicated,
as approximately following fue centerlines of streams, rivers, canals, lakes or
other bodies of water should be construed to follow such centerlines.
E. Boundaries indicated as following railroad lines shall be construed to be
midway between the rails of the main line.
F. In unsubdivided property, the district boundary lines on the Official Zoning
Map shall be determined by use of the scale appearing on the map.
G. In case of a district boundary line dividing a property into two parts, the
property will remain divided until the property owner, film or corporation
petitions the City Council for rezoning.
H. Whenever any street, alley or other public way is vacated by official action
of the City Council, the zoning district adjoining each side of such street,
alley or public way shall be automatically extended to the center of such
vacation and all area included in the vacation shall then and henceforth be
subject to all regulations of the extended districts.
SECTION 7 - INITIAL ZONING UPON ANNEXATION
III. 7. 1
All tenitory hereafter annexed to the City of Schertz shall be temporarily classified
as Pre-Development (PD) unless the property owner, the Planning and Zoning
Commission or City Council initiate a zoning request at the time of annexation of all
such newly annexed territory for consideration, as set forth in Article XVI, Section
3.
Alticle III: Page 9 of 9
Amended 7/18106
ARTICLE IV - PERMISSIBLE USES
SECTION I
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
Page
Use Charts
Accessory Uses and Structures
Temporary Use of Manufactured Structures
New and Unlisted Uses
Land Uses
Definitions
2
2
2
3
5
9
Alticle IV: Page I of 16
Alnended 7/18106
ARTICLE IV - PERMISSIBLE USES
SECTION 1 - USE CHARTS
IY.l.l Use of Land alld Buildings: structures, land or premises shall be used only in accordance with
the use permitted in fue following use schedule subject to compliance with the dimensional
requirements in Article VI "Density and Dimensional Requirements" and all other applicable
requirements of this Code.
IV.l.2 Permitted Principal Uses: No principal use shall be permitted in any district unless it appears in
the "Lalld Use Charts" (Section 5 of this Article) or has been approved in accordance with
Section 4 of this Article.
a. Legend for the Land Use Cha11:
ermitted in district indicated
ermitted in district indicated upon approval of Specific Use Permit
rohibited in district indicated
IV.1.3 Sitc Plan Required: All development with fue exception of single-family and two-family
residential development requires site plan approval subject to the requirements of Article XIV
"Site Plan Approval".
SECTION 2 - ACCESSORY USES AND STRUCTURES
IV.2.1 No land shall be used for and no building shall be erected for or converted to allY use other than
provided in the regulations prescribed for the district in which it is located, except as hereinafter
provided in Section 4.
IV.2.2 There shall not be more than one residential dwelling on a lot of a duly recorded plat of a
single-family residential use.
IV.2.3 All buildings built for use and access by the general public shall be subject to the provisions of
the Southern Building Code and all subsequent revisions to said Code.
SECTION 3 - TEMPORARY USE OF MANUFACTURED STRUCTURES
IV.3.! Temporary Structure
A temporary structure is a structure that is manufactured off-site and brought to the site. It is to
be temporary in nature and used only until a pennallent structure can be constructed or
refurbished. A temporary structure may not be brought on-site until a building pennit for the
construction or refurbishing of the permanent structure has been issued by fue City Building
Official.
AiticleIV: Page2of16
Amended 7/13/06
All temporary manufactured stmetures shall be required to comply with the following:
a. Time Limit: Permits issued for temporary manufactured structures shall be valid for
two (2) years or when the permanent snucture is completed and occupied, whiehever is
sooner. Any further extension shall require City Council approval.
b. Dimensions: Minimum dimensional requirements for temporary uses or stmctures shall
be fuose established in the district in whieh the temporary use or stmcture is located.
c. Parking: Minimum parking requirements for temporary manufactured stmctures shall
be the number according to fue proposed use for the building.
Iv'3.2 Temporary Constmction Buildings
Temporary constmction buildings and temporary building material storage areas to be used for
construction purposes may be permitted for a specified period of time in accordance with a
permit issued by the City Building Official for cause shown. Upon completion or abandonment
of constmction or expiration of permit, such field offiees and buildings shall be removed at the
direction of the City Building Official.
IV.3.3 No trailer shall be utilized for nor shall constitute permanent storage. (For the purpose of this
paragraph, the term "trailer" shall include, but not be limited to, a box van, contractor's trailer,
utility trailer, a railroad box car or any other similar mobile transport vehicle not intended for
permanent storage.)
SECTION 4 - New and Unlisted Uses
A. It is recognized that new or unlisted types of lalld use may seek to locate in the City of
Schertz. In order to provide for such contingencies, a determination of any new or
unlisted form ofland use shall be made as follows:
B. The Building Official shall rcfer the question concerning any new or unlisted use to the
Planning and Zoning Commission rcquesting an interpretation as to thc zoning district
into which such use should be placed. The referral of the use interpretation question
shall be accompallied by a statement of facts listing the nature of the use and whether it
involves dwelling activity, sales, processing, type of product, storage and amount and
nature thereof, enclosed or open storage, anticipated employment, transportation
requircments, the amount of noise, odor, fumes, dust, toxic material and vibration
likely to be generated and the general requirements for public utilities such as water and
sanitary sewer.
C. New and Unlisted Uses referred to the Planning and Zoning Commission will be
reviewed by the Commission to ensure that the use meets the standards and
requirements established for the particular district. The Commission will recommend to
the City Council a public hearing be held, or will recommend disapproval. A letter will
be sent to the applicant indicating the date of the public hearing, or disapproval, and the
reason(s) for the disapproval and the appeal procedures.
Altiele IV Page 3 of 16
Amended 7/18/06
D. The Plmming and Zoning Commission and City Council shall hold public hearings and
meet with the parties of interest and shall consider the nature and described perfonnance
of the proposed use and its compatibility with the uses permitted in fue various districts
and determine the zoning district or districts within which such use
should be permitted. Such public hearings shall be scheduled and conducted in
accordance wifu the provisions of Aliicle XVI, "Administrative Procedures."
E. The Planning and Zoning Commission shall transmit its findings and recommendations
to the City Council as to the classification proposed for any new or unlisted use. The
City Council shall review recommendations of the Planning and Zoning Commission
and make such determination concerning the classification of such use as it determines
appropriate.
Atticle IV: Page 4 of 16
Amended 7/18/06
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SECTION 6 - Definitions
IV.6.1 For the purpose of these regulations, certain terms and words are to be used and interpreted as
defined hereinafter. Words used in the present tense shall include the future tense; words in the
singular number include fue plural and words in the plural number include tlle singular, except
where the natural construction of the writing indicates otherwise. The word shall is mandatory
and not directory.
Accessory Building, Residential A building that is subordinate to and functionally related to the
primary building, whieh contributes to the comfort, convenience, or necessity of occupants of the
primary building on the same platted lot. Accessory buildings shall be detached from the primary
building.
Airport, Heliport or Landing Field - A place where aircraft and/or helicopters can land and take off,
usually equipped wifu hangars, facilities for refueling and repair, and various accommodations for
passengers.
Alcohol Package Sales - An establishment engaged in the selling of alcoholic beverages to the general
public for off-site personal or household consumption.
Antenna/and or Antenna Support Structure, Commercial - An antenna and its support structure
used for commercial broadcasting or telecommunication purposes and the tra11smission, retransmission,
and/or reception of electromagnetic radio, television, or microwave signals. All radiating equipment
must comply with Federal Communciations Commission (FCC), Environmental Protection Agency
(EP A), Occupational Healfu and Safety Administration (OSHA), and all other applicable Stated and
Federal regulatory agency requirements and guidelines for human safety, as they exist or may be
amended. The antenna may be a tower, mast, pole, tlipod or box frame. Preferably the antenna may be
in stealth form designed to be non-obtrusive, or virtually transparent or invisible to the surrounding
neighborhood. Stealth antennas included, but are not liminted to: Antennas within a building's attic
space; on the roof of a minimum three story building and not visible from the property line of the lot in
which the antenna is located; a public utility structure, such as a water tower or high transmission
support tower; a flagpole; a church steeple, a clock tower, or an athletic field light pole.
Antique Shop - A retail establishment engaged in the selling of works of art, furniture, or ofuer
artifacts of an earlier period, with all sales and storage occurring inside a building.
Appliance, Furniture and Home Furnishings Store - Retail establishments selling goods used lor
furnishing the home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves,
refrigerators, and other household electrical and gas appliances.
Art Gallery/Library/Museum - A building serving as a repository for a collection of natural,
scientific" artistic, or literary objects of interest, and designed to be used for viewing, with or without
an admission charge, and which may include as an accessory use the sale of goods.
Assisted Care or Living Facility - A facility which provides residence and care to ten or more persons
regardless of legal relationship who are elderly; disabled; orphaned, abandoned, abused, or neglected
children; victims of domestic violence; convalescing from illness; terminally ill; or temporarily
homeless due to fire, natural disaster, or financial setback together with supervisory personnel. This
Article IV: Page 9 of 16
Amended 7/t8/06
definition shall also include a facility providing healfu care or rehabilitative services over a long period
of time to persons chronically ill, aged, or disabled due to injury or disease.
Automobile Parking Structure/Garage - An area or structure where the parking of motor vehicles
serves as the primary use of the lot whether or not a fee is charged, This use does not include the
storage of gasoline.
Automobile Parts Sales The use of any building for the display and sale of new or used parts,
including tires.
Automobile Repair, Major General repairs or reconditioning of engines, air-conditioning systems,
and transmissions for motor vehicles; wrecker or towing service with on-site storage of vehicles;
collision services including body, frame, or fender straightening or repair; customizing; painting;
vehicle steam cleaning; tire retreading; muffler services; upholstery shop; insurance estimations with on
site storage; undercoating and rust proofing, and ofucr similar uses.
Automobile Repair, Minor - ill establishment used for the dispensing or sales of automobile fuels,
lubricants, and automobile accessories; the minor repair or replacement of parts and performing state
inspections and making minor repairs necessary to pass said inspection; automobile detailing; and fue
sales and installation of automobile radios. Uses listed under "Automobile Repair, Major" or allY other
similar uses are not included. Vehicles, which are inoperative or are being repaired, may not remain
parked outside for a period greater than seven (7) days.
Automobile Sales New or Used - Sales, rental, alldl9r lease of new or used automobiles or light load
vehicles, including as an accessory use: Automobile Repair, Major.
Bank, Saving and Loan, Credit Union - An establishment for fue custody, loan, exchange or issue of
money, the extension of credit, and/or facilitating the transmission of funds, including automated teller
machines.
Beauty Salon/Barber Shop - An establishment primarily engaged in providing services generally
involved in the care of the person or his apparel including, but not limited to, barber and beauty shops,
nail and pedicure salons, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing
salons.
Bed and Breakfast Inn An owner (or operator) occupied residence with up to five (5) bedrooms
available for overnight guests. A Bed and Breakfast Inn may provide for guest stays up to fourteen (14)
consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be
included to provide meals for guest only; however, no food preparation shall be pennitted in guest
bedrooms. A Bed and Breakfast Inn shall not include restaurants, banquet facilities, or similar services.
Bottling Works - A manufacturing facility designed to place a beverage into a bottle or can for
distribution.
Building Materials And Hardware Store - An establishment for the sale of materials customarily
used in the construction of buildings and ofuer structures.
Cabinet/Upholstery Shop - An establishment for the production, display, and sale of cabinets,
furniture, and soft coverings for furniture.
Altic1eIV: PagelOofl6
Amcnded 7/t8/06
Car Wash, Automated - A facility where a customer can have a motorcycle, automobile and light load
vehicle washed in cxchange for financial consideration.
Car Wash, Self Serve - A facility, typically coin operated, used by the customer to wash motorcycles,
automobiles and light load vehicles.
Cemetery or Mausoleum - Property used for the interring of the dead.
Church, Temple, Synagogue, Mosque, or Other Place of Worship - A building designed and used
primarily for religious assembly and worship and fuose accessory activities which are customarily
associated therewifu, and fue place of residence for ministers, priests, nUllS, rabbis, or other religious
personnel on the premises (tax exempt as defined by State Law).
Civic/Convention Center - A building or complex of buildings used for cultural, recreational, athletic,
convention, or entertainment purposes.
College, University, Trade, or Private Boarding School - An institution established for educational
purposes offering courses for study beyond the secondary education level, including trade schools and
commercial schools offering training or instruction in a trade, ali, or occupation.
Commercial Amusement, Indoor - An enterprise providing for indoor reereational activities, services,
amusements, and instruction for an admission fee. Uses may included, but are not limited to, bowling
alleys, ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice areas.
Commercial Amusement, Outdoor An ente1]Jrise providing for outdoor recrcational activities,
services, amusements, and instruction for an admission fee, including, but not limited to, batting cages,
miniature golf, go-kart tracts, and carnivals.
Community Center - A building or portion of a building owned and/or operated by a government
entity or non-for-profit agency in which facilities are provided for civic, educational, political, or social
pU1]Joses.
Concrete/Asphalt Batching Plant - A permanent manufactUling facility for the production of concrete
or asphalt.
Convenience Store with Gas Pumps - A retail establishment that sells food and other consumable and
non-consumable products for off-premise use or consumption. This definition shall also include the
dispensing or sale of motor vehicle fuels, lubricants, and accessories, but shall not include automotive
repair or the sale of replacement parts.
Dance Hall/Night Clnb - An establislunent open to the general public for entertainment, in particular,
dancing.
Day Care Center - A commercial institution or place designed for the care of children or adults and is
subject to registration with the Texas Depmtment of Protective and Regulatory Services. This use shall
not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not
apply to any school.
Article IV, Page 11 of 16
Amended 7/18/06
Dry Cleaning, Major - An industrial facility where fabrics are cleaned with substantially non-aqueous
orgmic solvents on a commercial or wholesale basis.
Dry Cleaning, Minor - A custom cleaning shop or pick-up station not exceeding six fuousand (6,000)
square feet of floor area, including, but not limited to, dry cleaning plants having no more than one
thousand five hundred (1,500) square feet of floor area for dlY cleaning equipment.
Farmers Market - An area containing individual vendors who offer fruits, vegetables, herbs, spices,
edible seeds, nuts, live plmts, flowers, and honey for sale.
Flea Market, Inside - A building or structure wherein space is rented to vendors on a short-term basis
for the sale of merchandise. The principal sales shall include new and used household goods, personal
effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in
small quantities. The term flea market shall not be deemed to include wholesale sales establishments or
rental services establishments, but shall be deemed to included personal serviccs establishments, food
services establishments, retail sales establishments, and auction establishments.
Flea Market, Outside - An outdoor site where space is rented to vendors on a short-term basis for the
sale of merchandise. The principal sales shall include new and used household goods, personal effects,
tools, art work, small household appliances, and similar merchandise, objects, or equipment in small
quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental
services establishments, but shall be deemed to included personal services establishments, food services
establishments, retail sales establishments, and auction establishments.
Fraternity, Sorority, Civic Club or Lodge An organized group having a restricted membership and
specific purpose related to the welfare of the members including, but not limited to, Elks, Masons,
Knight of Columbus, Rotary International, Shriners, or a labor union.
Gasoline Station/Fnel Pumps - A facility, equipment, or fixture used for retail dispensing of motor
vehicle fuels.
General Manufacturing/Industrial Uses Manufacturing of finished products and component
products or parts through the processing of materials or substances, including basic industrial
processing. Such operations shall be determined by Health, Fire, md Building officials not to be a
hazard or nuismce to adjacent property or the community at large, due to the possible emission of
excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or
radiation.
Golf Course and/or Country Club - A land area and buildings used for golf, including fairways,
greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities. This
definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and'similar
recreational or service uses available only to members and their guests.
GymnasticslDance Studio A building or portion of a building used as a place of work for a gymnast,
dancer, or martial artist or for instructional classes in gymnastics, dance, or martial arts.
Health/Fitness Center A public or private facility operated to promote physical healfu and fitness.
Activities may include exercise, physical therapy, training, and education pertaining to health and
fitness. Uses or combination of uses or facilities would typically include, but are not limited to, game
Article IV: Page 12 of 16
Amended 7/18/06
courts, weight lifting and exercise equipment, aerobics, swimming pools and spas, arid running or
jogging tracts.
Hospital An institution providing primary health services and medical or surgical care to persons,
primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or
mental conditions, and including, as an integral part of the institution, related facilities such as
laboratories, helistops, outpatient facilities, or training facilities as licensed by the State of Texas.
Hotel/Motel- A building or group of buildings used as a temporary dwelling place for individuals in
exchange for financial consideration where customary hotel/motel services such as linen, maid service,
and telephone are provided. Hotel room units are accessed through doorways into an internal hallway,
courtyard, or lobby. Motel room units have direct access to the outside. Financial consideration for
room units is generally calculated on a nightly basis.
Household Appliance Service and Repair - The maintenance and rehabilitation of appliances
customarily used in fue home, including, but not limited to, washing and drying machines, refrigerators,
dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, and vacuum cleaners.
In-Home Day Care A home occupation fuat provides care for less than 24-hours a day to no more
than six children under fue age of fourteen, plus no more than six additional elementary school-age
children (agc five to thirteen). The total number of children, including fue caretaker's own children, is
no more fuan twelve at any time. This use is subject to registration with the Texas Departmcnt of
Protective and Regulatory Services.
Insurance Office - A building or facility used for the sales, management, and administration of
insurance services, including fue estimation of automobile damages, but excluding on-site
parking/storagc of damaged vehicles.
Landfill - A tract of land used for the burial of farm, residential, institutional, industrial, or commercial
waste that is not hazardous, medical, or radioactive.
Laundromat - A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines
operated by fue patron.
Livestock - Domestic animals used, raised or breed on a farm, espccially those kept for a profit;
including, but not limited to, horses, ponies, mules, donkeys, cattlc, goats, rabbits, sheep, or fowl
regardless of age, sex or breed. Person who possess, own or othcrwise keep within the City of Schertz
in a residential zoned district where livestock is being kept, shall follow these restrictions:
I) Livestock shall be kept on a parcel ofland that is at least one acre in size.
2) There shall be no more than one (I) head of livestock for the first acre ofland. For every
additional y, acre, a person may have two (2) additional head oflivestock.
3) Livestock shall be kept in a stable, shed, pen or other enclosure wherever located within the
City of Schertz, which shall be distance of at least 100-feet for every building/structure
(other than fue owner of such livestock) used for sleeping, dining and living, and shall be
kept in such a manner as will be reasonably calculated not be offensive to neighbors or to
the public.
Swine is prohibited. Parcels of land not zoned residential, shall follow the livestock requirements
outlined in the City of Schertz Ordinance No. 95-H-l, Animal Code.
AIiicJe IV; Page 13 ofl6
Amended 7iISi06
Locksmith/Security System Company - Establishments primarily engaged in providing, installing,
repairing, and/or monitoring locks and electronic security systems.
Medical, Dental or Professional Office/Clinic - A building used for fue provision of executive,
management, or administrative services. Typical uses include, but are not limited to, administrative
offices and services including real estate, propeliy management, investment, insurance services,
medical, dental, architect, engineer, travel, secretarial services, accounting organizations and
assoeiations, and vehicle rental office without on-site storage of fleet vehiclcs.
Mini-WarehouselPublic Storage - A building(s) containing separate, individual self-storage units for
rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited
within any individual storage unit.
Miscellaneous Hazardous Industrial Use - Any industrial use not specifically defined in this section
that is determined by Healfu, Fire or Building officials to be a hazard or nuisance to adjacent property
or fue community at large, due to the possiblc cmission of excessivc smoke, noise, gas, fumes, dust,
odor, or vibration, or the danger of fire, explosion, or radiation.
Mortuary/Funeral Parlor - A place for fue storage ofhurnan bodies prior to their burial or cremation,
or a building used for the preparation of the deceased for burial and the display of thc dcceased and
ceremonies connected therewith before burial or cremation.
Municipal Uses Operated by the City of Schertz - Any area, land, building, structure, and/or facility
owned, used, leased, or operated by fue City of Schertz including, but not limited to, administrativc
office, maintenance facility, fire station, library, sewage treatment plan, police station, water tower,
service center, and park.
Nursery, Major - An establishment for fue cultivation and propagation, display, storage, and sale
(retail and wholesale) oflarge plants, shrubs, trees, and other materials used in indoor and outdoor
plantings; and the contracting for installation and/or maintenance of landscape material as an acccssory
use. Outdoor display and storage is permitted.
Nursery, Minor - A retail business for the display and/or sale of trees, shrubs, flowers, ornamental
plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting,
without outside storage or display.
Office Showroom - A building that primarily consists of sales offices and sample display areas for
products and/or services delivcred or pcrformed off-premises. Catalog and telephone sales facilities are
appropriate. Incidental retail sales of products associated with the primary products and/or services are
permitted.
Office/Warehouse Distribution Center - A building Plimarily devoted to storage, warehousing, and
distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and
wholesale sales areas, sales offices, and display area for products sold and distributed fi'om fue storage
and warehousing areas.
Packaging/Mailing Store - An establishment where services are provided for the mailing and
packaging of parcels. These services could include U.S. mail, UPS, FedEx and other similar services.
Incidental uses may also include, but not limited to, copy services, printing, and stationary supplies.
Article IV: Pagel4 of 16
Amended 7/18/06
Pawn Shop - An establishment where money is loaned on the security of personal property pledged in
fue keeping of the owners (pawnbroker).
Print Shop, Major - An establishment specializing in long-run printing operations including, but not
limited to, book, magazine, and newspaper publishing using engraving, die cutting, lifuography, and
thelmography processes.
Print Shop, Minor - An establishment specializing in short-run operations t produce newsletters,
flyers, resumes, maps, construction documents and plans, and similar materials using photocopying,
duplicating, and blue printing processes. This definition shall include mailing and shipping services.
Private Club - An establishment providing social and dining facilities, as well as alcoholic beverage
service, to an association of persons, and ofuerwise falling within the definition of, and permitted under
fue provisions of, that portion of Title 3, Chapter 32, Vemon's Texas Codes Annotated, as the same
may be hereafter amended, and as it pertains to fue operation of private clubs.
Recycling Center - A facility that is not ajunkyard and in which recoverable resources, such as
newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled, essentially
by hand wifuin a completely enclosed building.
Recycling Collection Point - An incidental use that serves as a neighborhood drop-off point for
temporary storage of recoverable resources. No processing of such items is allowed. This facility
would generally be located in a shopping center parking lot or in other public/quasi-public areas such as
in churches and schools.
Rehabilitation Care Facility - A facility which provides residence and care to persons who have
demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal
conduct.
Restaurant or Cafeteria - An establishment where food and drink are prepared and consumed
primarily on the premises. Drive-up windows are permitted.
Restaurant, Drive-In - An eating establishment where primarily food or drink is served to customers
in motor vehicles or where facilities are provided on the premise which encourage the serving and
consumption of food in automobiles on or near the restaurant premises.
Retail Stores and Shops - An establishment engaged in the selling of goods and mercha11dise to the
general public for personal or household consumption and rendering services incidental to the sale of
such goods. Retail stores and shops include, but are not limited to, art and craft store, retail bakery,
bookstore, boot and shoe sales and service, camera shop, ceramic store, clothing and apparel store,
computer store, department store, fabric store, florist, grocery store, music instrument sales, novelty or
gift shop, optical store, paint shop, pet shop, drugstore or phannacy, sporting goods store, trophy sales,
television store, used clothing store and video sales and rentals.
School, Private - A school operated by a private or religious agency or corporation other fuan an
independent school district, having a curriculum generally equivalent to a public elementary or
secondary school.
Article IV: Page 15 of 16
Amended 7/18/06
School, Public - A school operated by an independent school district and providing elementary or
secondary curriculum.
Sexually Oriented Busiuess - An adult arcade, adult bookstore, adult video store, adult cabaret, adult
motel, adult motion picture theater, adult theater, escort ageney, massage parlor, nude model studio, or
love parlor or other commercial enterprises the primary business of which is the offering of a service or
the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or
sexual gratification to the customer.
Stable, Commercial- A stable used for the rental of stall space or for the sale or rental of horses or
mules.
Storage or Wholesale Warehouse - A building used primarily for the storage of goods and materials.
Taxidermist - An establishment whose principle business is the practice of preparing, stuffing, and
mounting fue skins of dead animals for exhibition in a lifelike state.
Theater, Drive-In - An open lot devoted to the showing of motion pictures or theatrical productions on
a paid admission basis to patrons seated in automobiles.
Theater, Indoor - A building or part of a building devoted to the showing of motion pictures or for
drmnatic, musical, or live perfonnances.
Truck Sales, Heavy Equipment - The'display, storage, sale, leasing, or rental of new or used panel
trucks, vans, trailers, recreational vehicles, or buses in operable condition.
Veterinarian Clinic andlor Kennel, Indoor - An establishment, not including outside pens, where
animals and pets are admitted for examination and medical treatment, or where domesticated animals
are housed, groomed, bred, boarded, trained, or sold for commercial purposes.
Veterinarian Clinic andior Kennel, Outdoor - An establishment with outside pens, where animals
and pets are admitted for examination and medical treatment, or where domesticated animals are
housed, groomed, bred, boarded, trained, or sold for commercial purposes.
WeldinglMachine Shop - A workshop where metal fabrication tools, including, but not limited to,
welders, lafues, presses, and mills are used for making, finishing, or repairing machines or machine
parts.
Wrecking or Salvage Yard - Any lot upon which two or more motor vehicles of any king which are
incapable of being operated due to condition or lack of license, have been placed for the purpose of
obtaining parts for recycling or resale.
Atticlc IV, Page 16 of 16
Amended 7/18/06
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