18-S-04 - Amending Part III Unified Development Code updating "Sirector of Development Services and to relmove Development Services DepartmentWHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted
as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the
"Current UDC "); and
WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain
revision and updates to, and reorganization of, the Current UDC;
WHEREAS, on December 13, 2017 the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval; and
WHEREAS, on January 9, 2018 the City Council conducted a public hearing and after considering
the Criteria and recommendation by the Planning and Zoning Commission, determined that the
proposed amendments are appropriate and in the interest of the public safety, health and welfare;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto.
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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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 5. 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. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 7. 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 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Approved on first reading the 9h day of January, 2018.
PASSED, APPROVED AND ADOPTED on final readje 23rd day of January, 2018.
R. Carpenter, Mayor
ATTEST:
Are-rid'a"'bermis, City Secretary
(SEAL OF THE CITY)
Exhibit A
Unified Development Code
Update "Director of Development Services"
And
Remove "Development Services Department ".
See Attached
Sec. 21.4.16.13
Application Requirements.
Any request for a building permit shall be accompanied by an application prepared in accordance
with requirements of the building inspections division. The Piro" ta-f of Deye7„pffi iit Sef.,ziees
City Manager or his/her designee shall be responsible for determining the form and content of
the building permit application.
Sec. 21.4.16.C.1
Submittal
An application for a building permit shall be submitted to the Building Inspections Division. The
DiFeetaf of De-velopmen es City Manager or his/her designee shall review the application
for completeness in accordance with section 21.4.2. The Difeetef efPevelepm° ~4 Sefviees City
Manager or his/her designee shall review the permit for compliance with all adopted building
codes and regulations and shall provide written notification of any items requiring correction or
attention within forty -five (45) days after submittal of a complete application.
Sec. 21.4.16.C.2
Decision by the Di -eete - e f Development Ser -view City Manager.
The Dir - enter of Devejepmefl4 Sepvi es City Manager or his/her designee may approve, approve
with conditions, or deny the building permit.
Sec. 21.4.16.1)
Criteria for Approval.
The Dir-ee4er- of DevelepffieH4 Senriees City Manager or his/her designee shall apply the
following criteria in deciding the application for a building permit:
Sec. 21.8.3.A.6
Carports shall be structurally sound, as determined by the Dife tee: of Development Sefviees- City
Manager or his/her designee.
Sec. 21.8.3.13.5
The carport shall be structurally sound as determined by the Difeetef of neyele,ffie„4 c lees
City Manager or his/her designee.
Sec. 21.8.4.C.3.a
Applicant shall apply to the s Pkeetef of Deye'^rr1 °N4 Se ,iees City Manager or his/her
designee for a home occupation permit.
Sec. 21.8.4.C.3.b
The Dir-ee4a_ of DeN< elepme „4 Sefviees City Manager or his/her designee may issue the permit if
the home occupation meets all the requirements established in Paragraph B.
Sec. 21.8.4. C . 3 . f. iii
Inspection.
The T'keetaf of Development ent Set- ” es City Manager or his/her designee is authorized to
periodically enter the premises to ensure full compliance with these requirements.
Sec. 21.8.6.0.9
Building Codes, Zoning and Safety Standards.
To ensure the structural integrity of Antenna Facilities, the owner of an Antenna Facility must
ensure that it is maintained in compliance with all provisions of the City's building code and
zoning regulations. If, upon inspection by the City Engineer or his designee, the City concludes
that an Antenna Facility fails to comply with such codes and regulations and /or constitutes a
danger to persons or property, then upon written notice to the owner of the Antenna Facility, the
owner shall have thirty (30) days to bring such tower into compliance with applicable standards.
Failure to bring such tower into compliance shall constitute grounds for the removal of the
Antenna Facility by the owner and at the owner's expense. This notice requirement shall not
preclude immediate action by the City Manager or his/her
designee as allowed by law if public safety requires such action.
Sec. 21.8.7.A
A temporary structure may not be brought on -site until a building permit for the construction or
refurbishing of the permanent structure has been issued by the
City Manager or his/her designee. All temporary manufactured structures shall be required to
comply with the following.
Sec. 21.8.7.B
Temporary Construction Buildings: Temporary building and 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 Di -,,, ter- of Develepi .en. Sefviees City Manager or his/her designee for
cause shown. Upon completion or abandonment of construction or expiration of permit, such
field offices and buildings shall be removed at the direction of the nifeete - of Deve'^Nffi°.-It
Sefvices City Manager or his /her designee.
Sec. 21.9.7.C.9
Vegetation other than approved grasses or ground cover under six inches (6 ") in height is
prohibited in any City right -of -way unless specifically authorized in writing by the D; -eetef a
City Manager or his/her designee, after consultation with the Director of
Public Works or his/her designee.
s R M
Sec. 21.4.8.B.1
Application Required.
A request for annexation shall be accompanied by an application prepared in accordance with the
Develepmemnt Seiz;,74ees DepaAffle Development Manual.
Sec. 21.4.10.B.1
Application Required.
Any application for a Development Agreement shall be accompanied by an application prepared
in accordance with the' evelapmefA Se 4ees D°pa4ii° *t Development Manual.
Sec. 21.4.12.13
Application Requirements.
Any request for a variance shall be accompanied by an application prepared in accordance with
the De�op� �4 ° '' °p �' Development Manual.
Sec. 21.5.4.13.1
Application Required.
Any request for a zoning change or zoning map amendment shall be accompanied by an
application and zoning exhibit prepared in accordance with the Development ment Serk,iees
DepaFtme Development Manual.
Sec. 21.5.10.B.1
Application Required.
Any request for a PDD shall be accompanied by an application prepared in accordance with the
Development Manual.
Sec. 21.5.11.B.1
Application Required.
Any request for a Specific Use Permit (SUP) shall be accompanied by an application and SUP
exhibit prepared in accordance with the lie e 4 Ser- •lees nom, ,,4mefrt Development
Manual.
Sec. 21.5.12.C.1
Application Required.
Any request for an AC District shall be accompanied by an application prepared in accordance
with the Deyet,.pment, Sefviees Depffl *mei 4 Development Manual.
Sec. 21.5.13.C.1
Application Required.
Any request for an EN District shall be accompanied by an application prepared in accordance
with the Development Manual.
Sec. 21.9.12.B
Application Requirements.
Any request for Site Plan approval shall be accompanied by an application prepared in
accordance with the Development Manual.
Sec. 21.9.12.D
Contents of a Site Plan.
An application for a Site Plan shall include the information required by the Deve opffieni
Development Manual.
Sec. 21.12.6.B.1
Application Required.
Any request for a Subdivision Master Plan shall be accompanied by an application prepared in
accordance with the r,eyelepme 4 Sen4ees Dap,,,.4vnen4 Development Manual.
Sec. 21.12.7.13
Submittal Requirements for Preliminary Plat
An application for a preliminary plat shall include the information required by the Dev--- .
QeFT'lees T-1
Development Manual.
Sec. 21.12.8.13.1
Application Required.
Any request for a Preliminary Plat shall be accompanied by an application prepared in
accordance with the ','evell Amen Serviees Depa -tfne Development Manual.
Sec. 21.12.9.13
Submittal Requirements for Final Plat.
An application for a final plat shall include the information required by the Development
Serzviees DepaAment Development Manual.
Sec. 21.12.10.13.1
Application Required.
Any request for a Final Plat shall be accompanied by an application prepared in accordance with
the Develepffient, I Development Manual.
Sec. 21.12.11.13
Application Requirements.
Any request for a minor plat shall be accompanied by an application prepared in accordance with
the Development Manual.
Sec. 21.12.12.13
Application Requirements.
Any request for an amending plat shall be accompanied by an application prepared in accordance
with the Development Sen,iees Dep i+metit Development Manual.
Sec. 21.12.13.13
Application Requirements
Any request for a replat shall be accompanied by an application prepared in accordance with the
D zve ,r r , t Sefviees n of , _en+ Development Manual.
Sec. 21.14.7.A
Application Requirements.
Every application for development within the City or its ETJ shall be accompanied by a Traffic
Impact Analysis (TIA) Determination Form provided in the
Development Manual. The TIA Determination Form shall be utilized to determine if a TIA is
required