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18-S-36 - Revising Article 8 Special uses and general regulations, section 21.8.2ORDINANCE NO. 18 -S -36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 8 SPECIAL USES AND GENERAL REGULATIONS, SECTION 21.8.2. ACCESSORY BUILDINGS, USES AND STRUCTURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, 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 October 10, 2018 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on November 13, 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 by replacing the existing language found in Sec.21.8.2 (entitled "Accessory Buildings, Uses and Structures ") with the language set forth in Exhibit "A ", attached hereto and incorporated herein for all purposes. 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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 13th day of November, 2018. PASSED, APPROVED AND ADOPTED on final reading e 27th day of November, 2018. M— ipyWel R. Carpenter, Mayor ATTEST: t enda Dennis, City Secretary Exhibit A Unified Development Code Article 8 Section 21.8.2 Accessory Buildings, Uses and Structures A. No accessory building, use or structure shall be permitted without a primary use or structure. B. Accessory buildings uses, and structures as permitted herein shall comply with the maximum impervious coverage restrictions contained in zoning regulations, and the number of accessory uses /structures on lots of less than 11/2 acre is limited to a maximum of three (3). C. Accessory buildings, uses or structures shall be set back three feet (3') from common property lines unless the structure is placed in a side yard. If placed in a side yard accessory buildings or structures shall be set back five feet (5') from the side common property line for access during emergencies. No accessory structure may be located within an easement. D. No detached accessory building, use or structure shall be allowed in the front yard. E. Attached accessory buildings, uses or structures shall comply with the front, side and rear setbacks and height restrictions established for the primary structure and/or this section. F. The wall height of the accessory building, use or structure shall be limited to not more than eight feet (8') and total accessory building, use or structure height shall not exceed fifteen feet (15'). This is only applicable to platted subdivisions with a specific lot size e.g. eighty feet (80') by one hundred feet (100') and is not intended to be applicable for one -owner multiple acre residence. In this instance, a variance is not required and the total accessory building, use or structure height cannot exceed thirty -five feet (35'). G. The minimum separation between the main building and an in- ground or above - ground pool, spa, hot tub, playhouse, sauna or gazebo which does not exceed one story in height may be less than ten feet (10') if the accessory building, use or structure is contiguous with or an integral part of the main building, and /or the accessory building, use or structure is engineered by a professional engineer to ensure the integrity of the existing (main building) foundation. 1. Such plans indicating the design for any such structure shall be submitted to the Building Inspector for review in connection with the issuance of a building permit; and 2. Setback distances for in- ground or aboveground pools, spas, hot tubs and saunas shall be measured to the outside edge of the beam (structural edge) of the pool, spa, etc. H. Detached equipment and appliances in commercial and manufacturing districts shall be located immediately adjacent to the principal building. I. Detached accessory buildings, uses or structures in commercial and manufacturing districts shall be constructed of the same exterior materials as required in Article 9, Site Design Standards, and shall not be located in a manner that decreases the minimum number of parking spaces required. J. Accessory buildings, uses or structures located in commercial and manufacturing districts shall be located at the rear of the principal building and property and shall not occupy designated parking spaces. K. Automatic teller machine (ATM) drive -thru structures are not authorized unless the associated bank occupies a space on the same property and has a valid Certificate of Occupancy. L. Accessory buildings, uses, and structures shall conform to applicable provisions of city adopted codes to include residential building code, commercial building code, and fire code.