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87-S-1 Zoning r ZONING ORDINANCE ORDINANCE NO. 87-S-l PASSED, APPROVED AND ADOPTED the 6th day of January, 1987 TABLE OF CONTENTS ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI CITY OF SCHERTZ, TEXAS PREAMBLE Section 1 Section 2 Section 3 Title Enacting Clause Purpose DISTRICTS, BOUNDARIES, OFFICIAL ZONING MAP, NEW AND UNSCHEDULED USES, AND COMPLIANCE REQUIRED Section 1 Section 2 Section 3 Section 4 Section 5 Districts Boundaries Official Zoning Map Classification of New and Unscheduled Uses Compliance Required Section 1 NEWLY ANNEXED TERRITORY Annexed Territory-Temporary Classification Section 1 PREDEVELOPMENT DISTRICT (PD) REGULATIONS Regulations Predevelopment District SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l Section 1 Section 2 Section 3 Use Regulations Height Regulations Area Regulations SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-2 Section 1 Section 2 Section 3 Use Regulations Height Regulations Area Regulations -;- 2 2 2 2 3 4 5 6 7 7 8 8 8 1 9 9 9 ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-6 Section 1 Section 2 section .3 Use Regulations Height Regulations Area Regulations SINGLE FAMILY DWELLING MANUFACTURED HOUSING DISTRICT REGULATIONS R-7 Section 1 Section 2 Section 3 Use Regulations Height Regulations Area Regulations TWO FAMILY DWELLING DISTRICT R-3 Section 1 Section 2 Section 3 Use Regulations Height Regulations Area Regulations APARTMENT/MULTI-FAMILY DWELLING DISTRICT R-4 Section 1 section 2 section 3 Use Regulations Height Regulations Area Regulations GARDEN HOME DWELLING DISTRICT R-5A & R-5B Section 1 section 2 section 3 Section 4 Section 5 Section 6 Use Regulations Height Regulations Garden Home Dwelling District R-5A Area Regulations for R-5A Zero Lot Line Construction Garden Home Dwelling District R-5B Conventional or Traditional Construction Area Regulations for R-5B Conventional or Traditional Construction -;;- 11 11 11 12 12 12 13 13 14 15 15 15 16 16 16 17 18 19 ARTICLE XII RESIDENCE-AGRICULTURE DISTRICT Section 1 Description 20 Section 2 Purpose 20 section 3 Use Regulations 21 Section 4 Height Regulations 21 section 5 Area Regulations 22 ARTICLE XIII MOBILE HOME DISTRICT Section 1 Use Regulations 22 Section 2 Height Regulations 23 Section 3 Area Regulations 23 ARTICLE XIV OFFICE & PROFESSIONAL DISTRICT section 1 Purpose 23 Section 2 General Provisions 24 section 3 Use Regulations 24 S,ection 4 Height Regulations 24 section 5 Area Regulations 24 ARTICLE XV NEIGHBORHOOD SERVICE DISTRICT section 1 Purpose 25 section 2 General Provisions 25 Section 3 Use Regulations 26 Section 4 Height Regulations 26 Section 5 Area Regulations 26 ARTICLE XVI GENERAL BUSINESS DISTRICT Section 1 Purpose 27 Section 2 General Provisions 27 Section 3 Use Regulations 28 section 4 Height Regulations 28 Section 5 Area Regulations 28 ARTICLE XVII MANUFACTURING DISTRICT (LIGHT) M-1 section 1 Use Regulations 29 Section 2 Height Regulations 29 section 3 Area Regulations 29 -;;;- j ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV MANUFACTURING DISTRICT (HEAVY) M-2 section 1 section 2 section 3 Use Regulations Height Regulations Area Regulations PLANNED UNIT DEVELOPMENT section 1 Section 2 Regulatory Provisions Classification of Planned Unit Development OVERLAY DISTRICTS section 1 Section 2 section 3 section 4 Special Overlay Districts Special Overlay District Jack Hays Blvd. Air Installation Compatible Use Zone Overlay District (AICUZ) Special Overlay District Schertz Parkway HEIGHT & AREA SPECIAL CONSIDERATIONS section 1 Section 2 Overall Height & Area Regulations Special Height & Area Considerations PARKING REGULATIONS Section 1 Section 2 AMENDMENTS Section 1 section 2 Section 3 Section 4 Purpose Off-Street Parking & Loading Requirements Statement of Intent Changes & Amendments Procedure for Amendment Petition Public Notice & Procedure for Amendments section 1 SPECIFIC USE PERMITS Authorized Uses -iv- 30 30 30 31 35 35 37 45 47 54 54 56 57 62 63 64 66 69 r ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX APPENDIX A APPENDIX B REGULATION OF NON-CONFORMING USES Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Continuance of Use Change of Use Damage & Destruction Enlargement Normal Maintenance Structural Change Change in Ownership or Tenant 71 72 72 72 72 72 72 ADMINISTRATION Section 1 Section 2 Administrative Provisions Certificates of Occupancy & Compliance Procedure Home Occupation Sexually Oriented Business 73 74 75 75 80 Section 3 Section 4 Section 5 BOARD OF ADJUSTMENT Section 1 Board of Adjustment 82 Section 2 Jurisdiction 82 Section 3 Allowances by Board of Adjustment 82 Section 4 Applications for Special Exceptions 83 Section 5 Stay of Proceedings 83 Section 6 Hearings of Appeals 83 Section 7 Court Appeal 84 ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT Section 1 Section 2 Section 3 Section 4 Section 5 EFFECTIVE DATE Enforcement Violation & Penalties Provisions Minimum Requirements Repeal Confliction Ordinances or Order Severability Clause 85 86 86 87 87 87 SCHEDULE OF USES 89-99 DEFINITIONS 100-110 -v- ORDINANCE NO. 87-s-1 AN ORDINANCE BY THE PROVISIONS OF ARTICLE 1011a, REVISED CIVIL STATUTES OF TEXAS, TO REGULATE THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES, AND SIZE OF BUILDINGS; OPEN AREAS; LOT COVERAGE; DENSITY AND DISTRIBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES; TO REQUIRE OFF-STREET PARKING AND LOADING; AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE, SI ZE AND CHARACTERISTICS AS MAY BE ADVISABLE TO CARRY OUT THESE REGULATIONS; TO PROVIDE FOR IT'S ENFORCEMENT; TO PROVIDE FOR A BOARD OF ADJUSTMENT; TO PRESCRIBE PENALTIES FOR THE VIOLATION OF IT'S PROVISION; AND TO PROVIDE AN EFFECTIVE DATE AND REPEAL ALL ORDINANCES IN CONFLICT. WHEREAS, the City Council of the City of Schertz adopted a Zoning Ordinance in 1974 in accordance with a Comprehensive Plan; and WHEREAS, the City Council of the City of Schertz believes that certain changes, additions and amendments are necessary, and for clarification and practical purposes a new Zoning Ordinance should be adopted; and WHEREAS, the City Council of the City of Schertz deem it necessary to prevent congestion on streets; to secure safety from fire, flood and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; to preserve the natural environment; and to encourage the most appropriate use of land throughout the City, all in accordance with a Master Plan, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: -1- ARTICLE I Section 1 Section 2 Section 3 ARTICLE II Section 1 PREAMBLE Title This Ordinance shall be known as "The City of Schertz, Texas, Zoning Ordinance". Enacting Clause ~hat there be enacted the following Zoning Ordinance, which amends the Zoning Ordinance of the City of Schertz, Texas, dated August 21, 1979, said amendment together with a map creating and delineating zoning districts. Purpose The Zoning Regulations and Districts as herein established have been made in accordance with a Comprehensive Plan for the purpose of promoting the health, safety, and general welfare of the City. They have been designed to lessen the congestion in the street; to secure safety from fire, panic and other danger; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration among other things, for the character of the district, and it's peculiar suitability for the particular uses specified; and with a view to conserving the value of building and encouraging the most appropriate use of land throughout the City consistent with a Comprehensive Plan. DISTRICTS, BOUNDARIES, OFFICIAL ZONING MAP, NEW AND UNSCHEDULED USES, AND COMPLIANCE REQUIRED Districts The City of Schertz is hereby divided into types of districts as follows: PD Predevelopment District R-1 Single Family Dwelling District R-2 Single Family Dwelling District R-3 Two Family Dwelling District -2- Section 2 2.1 2.2 2.3 2.4 R-4 R-5A R-5B R-6 R-7 RA MH OP NS GB M-1 M-2 PUD Apartment/Multi-Family Dwelling District Garden Home District-Zero Lot.Line Construction Garden Home District-Conventional or Traditional Construction Single Family Dwelling District Single Family Dwelling Manufactured Housing District Single Family Residence-Agriculture District Mobile Home District Office and Professional District Neighborhood Services District General Business District Manufacturing District (Light) Manufacturing District (Heavy) Planned Unit Development District Boundaries The boundaries of these districts are indicated upon the Zoning Map of the City of Schertz, which is on file in the offices of the City and made a part of this Ordinance, the same as if copied in full herein. Where uncertainty exists as to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply: Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. Boundaries indicated as approximately following platted lot I ines shall be construed as following such lot lines. Boundaries indicated as approximately following City limits shall be construed as following such City limits. Boundaries indicated as following shorelines of creek shall be construed to follow such shorelines; and in the event of their movement, the boundaries shall be construed as moving with the actual shorel ine. Boundaries indicated as approximately following the 'center lines of streams, rivers, canals, lakes or other bodies -3- 2.5 2.6 2.7 2.8 Section 3 3.1 3.2 of water shall be construed to follow such center lines. Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line. In unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map. ~m~nned. ~y Ora 83 14 8~ In case of a district boundary line dividing a property into two parts, the property will remain divided until the property owner, firm or corporation petitions the City Council for rezoning. 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. official Zoning Map Maintenance of Zoning Map: Map shall be kept in the Secretary. The Official Zoning office of the City One (1) copy shall be kept by the Planning and Zoning Commission. It shall be the duty of the City Secretary to keep the Official Map current and the copies thereof, herein provided for, by entering on such maps any changes which the City Council may from time to time order by amendments to the Zoning Ordinance and Map. The City Secretary, upon adoption of this Ordinance, shall affix a certificate identifying the map in his/her office as the Official Zoning Map of the City. He/she shall likewise officially identify the copies directed to be -4- Section 4 4.1 4.2 4.3 kept by the Planning and Zoning Commission and in the office of the Building Official. All amendments of the Map shall be made immediately after their enactment and the date of the change shall be noted on the certificate. Classification of New and Unscheduled Uses. It is recognized that new or unlisted types of land 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 of land use shall be made as follows: The Building Official shall refer the question concern1ng any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning district into which such use should be placed. The referral of the use interpretation question shall be accompanied 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 employ- ment, transportation requirements, 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. New and Unscheduled Uses referred to the Planning and Zoning Commission will be reviewed by the Commission to insure 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. The Planning and Zoning Commission and City Council shall hold a Joint Public Hearing and meet with the parties of interest and shall consider the nature and described performance of the proposed use and it's compatibility with the -5- 4.4 Section 5 5.1 5.2 5.3 uses permitted ln the 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 with the prOV1Slons of Article XXIII, Section 4. The Planning and Zoning commission shall transmit it's 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. Compliance Required No land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided. The minimum yards, parking spaces, and open spaces, including lot area per family, required by the Height and Area provisions of this Ordi- nance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be en- croached upon or considered as part of the yard or parking space required for any other build- ing, nor shall any lot area be reduced below the requirements of this Ordinance for the district in which such lot is located. There shall not be more than one residential dwelling on a lot of a duly recorded plat of a single family residential use. All buildings built for use and access by the general public shall be subject to the provisions of Appendix M, 1985 and all subsequent revisions of the Southern Building Code and standards set by ANSI Al17.l -6- ARTICLE III Section 1 ARTICLE IV Section 1 1.1 1.2 1.3 NEWLY ANNEXED TERRITORY Annexed Territory Temporary Classification. All territory hereafter annexed to the City of Schertz shall be temporarily classified as PD. The Planning and Zoning Commission will review all territory for consideration of zoning within 180 days of annexation. The procedure for establishing permanent classification of annexed territory shall conform to the procedure estab- lished by law for the adoption of the original zoning regulations. The required Public Zoning Hearing may be conducted in conjunction with or during the required annexation process. PREDEVELOPMENT DISTRICT (PD) REGULATIONS In an area temporarily classified as PD: No person shall erect, construct, or add to any building or structure or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the Building Official or the City Council as may be required herein. No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building permitted in the PD, unless and until such territory has been classified in a district other than the PD by the City Council in the manner provided by law, except that a building permit may be issued in accordance with the provisions as follows. An application for a permit for any use other than that specified in paragraph 1.2 above shall be made to the Building Official of the City of Schertz, and by him referred to the Planning and Zoning Commission for consideration and recom- mendation to the City Council. The Planning and Zoning Commission in making it's recommendation to the City Council concerning any such permit shall take into consideration the appropriate land use for the area and the Comprehensive Land Use plan for the City of Schertz. The City -7 - 1.4 ARTICLE V Section 1 Section 2 Section 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 Council after receiving and reviewing the recom- mendations of the Planning and Zoning Commission may by majority vote authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application. Use Regulations: In a PD no land shall be used and no building shall be erected for or converted to any use other than: See Schedule of Uses and Article II, Section 4. SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed thirty-five (35') feet. Area Regulations: Front Yard Setback: The front yard setback shall be a minimum of twenty-five (25') feet. Side yards seven Yard Setback: There shall be two side of fifteen (15') feet or a minimum of (7') feet on anyone side. Rear yard (20' ) Yard having a feet. a rear twenty There shall be not less than Setback: depth of Area of Lot: The minimum area of the lot shall be nine thousand SlX hundred (9,600) square feet. Width of Lot: shall be eighty line. The minimum width of the lot (80') feet at the building Minimum Depth of Lot: The minimum depth of the lot shall be one hundred twenty (120') feet. Parking Regulations: street parking spaces (See Article XXII) A minimum of two off- shall be provided. -8- 3.8 3.9 ARTICLE VI Section 1 Section 2 Section 3 3.1 Sign Regulations: (See Sign Ordinance) Accessory Buildings: No accessory building, as permitted herein shall occupy more than forty (40%) percent of the required rear yard. Acces- sory buildings shall be set back three (3') feet from common property lines, provided however, that where the rear lot I ine of an alley or easement twenty (20') feet or more in width, no setback shall be required. No accessory build- ings may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory buildings may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3') feet to a common property line. No accessory building shall be construc- ted in the front yard or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-16, May 2, 1989) SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-2 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed thirty-five (35') feet. Area Regulations: Front Yard Setback: The front yard setback shall be a minimum of twenty-five (25') feet. EXCEPTION: In any R2 zoning district, a car- port may be constructed under the following guidelines: a. It cannot extend past the front property line; b. It cannot violate prOV1Slons for side yards; -9- c. It must be completely open to the sides so as not to obstruct the view of traffic; d. It may be attached or detached; e. The top covering material may not extend down the sides more than twelve (12") inches. 3.2 side Yard Setback: There shall be two side yards, one on each side of the building, having an aggregate of side yards of fifteen (15') feet or a minimum of seven (7') feet on anyone side. 3.3 Rear Yard Setback: having a depth of feet. There shall be a rear yard not less than twenty (20') 3.4 Area of Lot: The minimum area of the lot shall be seven thousand, five hundred (7,500) square feet. 3.5 Width of Lot: The minimum width of the lot shall be seventy-five (75') feet at the building line. 3.6 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. 3.7 Parking Regulations: A minimum of two street parking spaces shall be provided. Article XXII) off- (See 3.8 Sign Regulations: (See Sign Ordinance) 3.9 Accessory Buildings: No accessory building, as permitted herein shall occupy more than forty (40%) percent of the required rear yard. Acces- sory buildings shall be set back three (3') feet from common property lines, provided however, that where the rear lot I ine of an alley or easement twenty (20') feet or more in width, no setback shall be required. No accessory build- ings may be closer than ten (10') feet to the main building in the rear yard. Ac~essory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory buildings may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3') feet to a common property -10- ARTICLE VII Section 1 Section 2 Section 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 line. No accessory building shall be construc- ted in the front yard or an easement, with the exception of carports as provided for in Section 3.1. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-16, May 2, 1989) SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-6 Use Regulations: A building or premise shall be used only for the following purposes: See schedule of Uses and Article II, section 4. Height Regulations: No building shall exceed thirty-five (35') feet. Area Regulations: Front Yard setback: The front yard setback shall be a minimum of twenty-five (25') feet. Side yards seven Yard Setback: There shall be two side of fifteen (15') feet or a minimum of (7') feet on anyone side. Rear Yard having a feet. Setback: depth of There shall be a rear yard not less than twenty (20') Area of Lot: The minimum area of the lot shall be six thousand (6,000) square feet. width of Lot: The minimum width of the lot shall be sixty (60') feet at the building line. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: A minimum of two street parking spaces shall be provided. Article XXII) off- (See Sign Regulations: (See Sign Ordinance) -11- 3.9 ARTICLE VIII Section 1 Sectidn 2 Section 3 3.1 3.2 3.3 Accessory Buildings: No accessory building, as permitted herein shall occupy more than forty (40%) percent of the required rear yard. Acces- sory buildings shall be set back three (3') feet from common property lines, provided however, that where the rear lot I ine of an alley or easement twenty (20') feet or more in width, no setback shall be required. No accessory build- ing may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory buildings may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3') feet to a common property line. No accessory building shall be construc- ted in the front yard or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-l6, May 2, 1989) SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-7 MANUFACTURED HOUSING Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed thirty-five (35') feet. Area Regulations: Front Yard Setback: The front yard setback shall be a minimum of twenty (20') feet. Side Yard setback: There shall be two side yards, one on each side of the building, a minimum of five (5') feet on anyone side. Rear having feet. Yard setback: There shall be a rear yard a depth of not less than twenty (20') -12- 3.4 3.5 3.6 3.7 3.8 3.9 ARTICLE IX Section 1 Section 2 Area of Lot: The minimum area of the lot shall be five thousand (5,000) square feet. Width of Lot: The minimum width of the lot shall be fifty (50') feet at the building line. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: A minimum of two off- street parking spaces shall be provided. (See Article XXII) Sign Regulations: (See Sign Ordinance) Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty (40%) percent of the required rear yard. Acces- sory buildings shall be set back three (3') feet from common property lines, provided however, that where the rear lot I ine of an alley or easement twenty (20') feet or more in width, no setback shall be required. No accessory build- ing may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory buildings may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3') feet to a common property line. No accessory building shall be construc- ted in the front yard or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-16, May 2, 1989) TWO FAMILY DWELLING DISTRICT R-3 Use Regulations: A building or premlse shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed thirty-five (35') feet. -13- Section 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Area Regulations: Front Yard Setback: The front yard setback for R-3 Two Family Residence District shall be a minimum of twenty-five (25') feet. Side Yard setback: side yards, one on each having an aggregate of (15') feet or a minimum anyone side. There shall be two side of the building, side yards of fifteen of seven (7') feet on Rear Yard Setback: having a depth of feet. There shall be a rear yard not less than twenty (20') Area of Lot: The minimum area of the lot shall be seven thousand, five hundred (7,500) square feet. width of Lot: The minimum width of the lot shall be seventy-five (75') feet at the building line. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: A minimum of two street parking spaces per dwell ing unit be provided. (See Article XXII) off- shall Sign Regulations: (See Sign Ordinance) Accessory Buildings: No accessory buildings, as permitted herein, shall occupy more than forty (40%) percent of the required rear yard. Accessory buildings shall be set back three (3') feet from the rear property line, pro- vided however, that where the rear lot line is the line of an alley twenty (20') feet or more in width, no setback shall be required. No accessory building may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided how- ever, that no accessory building may be closer than ten '(10') feet to any main building on the same lot, nor closer than three (3') feet to a -14- common property line. No accessory buildings shall be constructed in the front yard or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-16, May 2, 1989) ARTICLE X APARTMENT/MULTI-FAMILY DWELLING DISTRICT, R-4 Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, section 4. Section 2 Height Regulations: No building shall exceed thirty-five (35') feet. Section 3 Area Regulations: 3.1 Front Yard Setback: The front yard setback shall be a minimum of twenty-five (25') feet. 3.2 Side gate feet side Yard Setback: There shall be an aggre- of side yards of at least twenty (20') and a minimum of ten (10') feet on either of the building. 3.3 Rear Yard setback: having a depth of feet. There shall be a rear yard not less than twenty (20') 3.4 Area of Lot: The minimum area of the lot shall be ten thousand (10,000) square feet, for the three units and eighteen hundred (1800) square feet for each additional unit. Not more than twenty-four (24 ) units per acre shall be authorized. 3.5 Width of Lot: The mlnlmum width of the lot shall be one hundred (100' ) feet at the building line. 3.6 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100' ) feet. -15- 3.7 3.8 3.9 ARTICLE XI Section 1 Section 2 Section 3 3.1 Parking Regulations: A mlnlmum of two street parking spaces per dwell ing unit be provided. (See Article XXII) off- shall Sign Regulations: (See Sign Ordinance) Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty (40%) percent of the required rear yard. Accessory buildings shall be set back three (3') feet from the property line, provided however, that where the rear lot line is the line of an alley twenty (20') feet or more in width, no setback shall be required. No accessory build- ing may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory building may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3') feet to a common property line. No accessory building shall be construc- ted in the front yard or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen <15 ' ) feet. ( 0 rd. 8 9 - S -16 , May 2, 198 9 ) GARDEN HOME DWELLING DISTRICT R-5A & R-5B Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed thirty-five (35') feet. GARDEN HOME DWELLING DISTRICT R-5A The following regulations shall apply to the Single Family Dwelling, R-5A Garden Home Dwelling District, Zero Lot Line Construction. Requirements: The plat of the requested area shall incorporate the requirements for an R-5A, as follows: -16- Section 4 4.1 4.2 4.3 Zero lot line, one family dwell ings can be constructed in an a:r;ea requested and approved for designation as R-5A. Zero lot line homes will be uniformly located on the same side of the lot within a street block. l Zero lot line homes shall have no windows on the side of the house which abuts the property line. No area shall be designated R-5A that contains less than five adjoining lots on each street. The entire frontage of one side of the street in the block must be included in the R-5A designation. An exception may be made where an alley breaks the block on that side of the street. Area Regulations Construction: for R-5A Zero Lot Line Front Yard Setback: The front yard setback for R-5A Garden Home District is set at a minimum of ten (10') feet. Side Yard setback: The building may be con- structed with a zero side yard on one side and a side yard of not less than ten (10') feet on the other side. This ten (10') foot side yard shall extend the full depth of the lot. Five (5') feet of the property that abuts the zero property line shall be designated as a maintenance easement. This easement shall extend the depth of the lot. Exceptions are permitted so that the end houses of the row will have a ten (10') foot side yard clearance from the street right-of-way. Under no circumstances will the clearance between the houses be less than ten (10') feet. Rear Yard setback: There shall be a rear yard having a depth of not less than ten (10') feet. -17- 4.4 4.5 4.6 4.7 4.8 4.9 4.10 Section 5 5.1 Area of Lot: The minimum area of the lot shall be five thousand (5,000) square feet. Width of Lot: The minimum width of the lot shall be fifty (50') feet at the building line. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: A minimum of two street parking spaces per dwelling unit be provided. (See Article XXI) off- shall Access to Parking: A twenty (20') foot paved alley must be provided for ingress and egress to all rear garages. Sign Regulations: (See Sign Ordinance) Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty (40%) percent of the required rear yard. Accessory buildings shall be set back three (3') feet from the rear property line, provided however, that where the rear lot line is the line of an alley twenty (20') feet or more in width, no setback shall be required. No acces- sory building may be closer than ten (10') feet to the main building in the rear yard. Acces- sory buildings shall not be constructed in front or side yards or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-l6,May 2, 1989) GARDEN HOME DWELLING DISTRICT, R-5B CONVENTIONAL OR TRADITIONAL CONSTRUCTION The following regulations shall apply to the Single Family Dwelling R-5B Garden Home Dwell ing District, Conventional or Traditional Construction: Requirements: The plat of the requested area shall incorporate the requirements for an R-5 area, as follows: -18- Section 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Conventional or Traditional single family dwellings can be an area requested and approved R-5B. Construction, constructed in for designation No area shall be designated R-5B that contains less than five (5) adjoining lots on each street. The entire frontage of one side of the street in the block must be included in the R-5B designation. An exception may be made where an alley breaks the block on that side of the street. Area Regulations for R-5B Conventional or Traditional Construction: Front Yard Setbacks: The front yard setback for R-5B Garden Home District shall be a minimum of ten (10') feet. Side Yard Setbacks: The side yard setback for R-5B Garden Home District is ten (10%) percent of the total width or a minimum of five (5') feet on either side. Corner lots shall have a ten (10') foot side yard setback from the street right-of-way. Rear Yard setbacks: There shall be a rear yard having a depth of not less than ten (10') feet. Area of Lot: The minimum area of the lot shall be five thousand (5,000) square feet. width of Lot: The minimum width of the lot shall be fifty (50') feet at the building line. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: A minimum of two street parking spaces per dwell ing unit be provided. (See Article XXI) off- shall Access To Parking: A twenty (20') foot paved alley must be provided for ingress and egress to all rear garages. -19- 6.9 6.10 ARTICLE XII Section 1 Section 2 1.1 1.2 1.3 Sign Regulations: (See Sign Ordinance) Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty (40%) percent of the required rear yard. Acces- sory buildings shall be set back three (3') feet from the rear property line, provided however, that where the rear lot line is the line of an alley twenty (20') feet or more in width, no setback shall be required. No accessory build- ing may be closer than ten (10') feet to the main building in the rear yard. No accessory building shall be constructed in the side or front yards or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen ( 15 ' ) feet. ( 0 rd. 8 9 - S -16 , May 2, 1989) RA DISTRICT SINGLE FAMILY RESIDENCE AGRICULTURE DISTRICT (Ord. 87-S-l6, June 16, 1987) Description: This district is composed mainly of un subdivided land that is vacant or in agricultural use, with some single family dwellings and accessory uses. This district is designed to protect the rural characteristics of the area by prohibiting the establishment of business, industrial and other uses that would destroy the rural character of the area and might inhibit the best future utilization of the land. Purpose: Preserve the rural atmosphere permitting agricultural and residents to exist in the same controlled conditions. of the area by single-family district, under control the urban establ ishing growth restrictions. growth in the area by guidelines and development Protect the health, safety and welfare of residents from any adverse conditions that may develop and control any that may exist. -20- Section 3 3.1 3.2 3.3 3.4 3.5 Section 4 Use Regulation: No use shall be permitted in this district except as provided for in this Section and the "Specific Use" Section of this Ordinance. All other uses will be controlled in accordance with Article II, Section 4. No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray or by reason of any condition which would amount to a public nuisance. One lot may be split off of a larger tract of land for a single-family residence, before a subdivision plat is required in accordance with the Subdivision Ordinance. However, site plans for the development of the lot split off will be submitted in accordance with the City'~ Subdivision Ordinance as applies to the construction of the house and utilities installation for a single-family residence. The City's Planning Coordinator and Building Official will approve the construction plans. Any deviation from the Subdivision Ordinance will require approval of the Planning and Zoning Commission, and/or City Council. Only one (1) residential permitted on a lot. dwelling will be Manufactured homes are authorized. Complies with Section VI (Mobile Homes on Individual Lots), and Section VIII, Paragraph B, 1. and 2. of the Mobile Home Ordinance will apply and be required. Height Regulations: No building or structure shall exceed thirty- five (35') feet. Farm-related structures may exceed this limit by submitting a written request to the City, explaining the structure, it's p~oposed use and height. Approval of the -21- section 5 5.1 5.2 5.3 5.4 5.5 5.6 ARTICLE XIII Section 1 Section 1.1 farm-related structure may be granted by the City's Building Official. Area Regulations: Area of Lot: The minimum area of a lot shall be twenty-one thousand seven hundred eighty (21,780) square feet (one half acre). Front Yard setback: The front yard setback shall be a minimum of twenty-five (25') feet when the lot abuts a public thoroughfare. Parking Regulations: There shall be no parking on a public thoroughfare. Driveways and parking areas shall be designed so that vehicles enter streets and highways head end first. Setback From Property Line: Building or structure will be set back a minimum of twenty- five (25') feet from any property line. Lands Subject to Inundation: Certain lands are subject to inundation making them unsafe and unfit for human habitation. No structure or portion thereof shall be erected when the land to be covered by such structure or portion thereof has been designated as in the 100 year floodplain uninhabitable until the conditions making the land uninhabitable have been corrected. Accessory Buildings: An accessory building shall not be utilized for human habitation. MOBILE HOME DISTRICT Use Regulations: A building or premise shall be used only for the following purposes: See schedule of Uses and Article II, Section 4. Also, see Mobile Horne Ordinance No._e1 0 2-, and !,?-S-g:' Flood Plain Management Ordinance No. .-1-J-M--9. 11-/17-/0 Acreage Requirement: An area to be considered for zoning for a Mobile Horne Park will consist of at least ten (10) acres; a Mobile Horne subdivision at least twenty (20) acres; and an RV Park at least five (5) acres. -22- Section 2 Section 3 3.1 3.2 ARTICLE XIV section 1 Height Regulations: The height regulations for any structure in the Mobile Home District shall be thirty (30') feet. The average height of the mobile home frame above the ground elevation, measured at 90 degrees to the frame, shall not exceed three (3') feet. Area Regulations: Open Space Requirements: 1. The minimum front yard setback shall be ten (10') feet from the nearest corner of the mobile home to the front line of the mobile home space. 2. No mobile home shall be closer than ten (10') feet to any property line nor closer than twenty-five (25') feet to the property line adjoining a public street. 3. For m1n1mum feet. other setback structures shall be at on each space the least ten (10') 4. The minimum distance between mobile homes at any point shall be twenty-five (25') feet; provided however I that mobile homes parked end to end may have a clearance of not less than twenty (20') feet. Parking Regulations: If no off-street parking is provided 1n a ratio of no less than two spaces for each mobile homesite, the minimum street width shall be thirty-six (36') feet. OFFICE AND PROFESSIONAL DISTRICT Purpose The purpose of this district 1S to provide office area for professional businesses, occupations and limited retail and services for the district and surrounding area. Such district should be adjacent to collector streets and thoroughfares. -23- Section 2 2.1 2.2 2.3 Section 3 Section 4 Section 5 5.1 5.2 5.3 5.4 5.5 5.6 General provisions All uses within to professional services. this district shall be limited offices, retail sales and/or All business shall be conducted entirely within a building. No use shall otherwise be permitted which is or would reasonably be detrimental to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance. Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed thirty-five (35') feet. Area Regulations: Residential uses are gov- erned by the regulations prescribed for each residential district. Side Yard setback: No minimum except that a side yard of not less than twenty-five (25') feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. Rear Yard Setback: No minimum. Area of Lot: The minimum area of the lot shall be six thousand (6,000) square feet. width of Lot: The minimum width of the lot shall be sixty (60') feet at the building line. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: (See Article XXII) -24- 5.7 5.8 5.9 ARTICLE XV Section 1 Section 2 2.1 2.2 Sign Regulations: (See Sign Ordinance) Accessory Buildings: No Accessory building, as permi tted herein, shall occupy more than forty (40%) percent of the required rear yard. Acces- sory buildings shall be set back three (3') feet from the rear property lines, provided however, that where the rear lot line is the line of an alley twenty (20') feet or more in width, no setback shall be required. No accessory building may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings, as permitted herein, may be allowed in required side yards, provided; however, that no accessory buildings may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3') feet to a common property line. No accessory buildings shall be constructed in the front yard or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-16, May 2, 1989) Fences Required: Where an office and profes- sional district abuts residential lot(s), a privacy fence is required with a minimum height of eight (8') feet. NEIGHBORHOOD SERVICE DISTRICT Purpose A commercial area to provide local neighborhood residential areas with limited services and retail items. Such district should be located adjacent to collector streets or thoroughfares. General provisions All commercial uses within this district shall be retail sales and/or services. All business shall be conducted entirely within a building. -25- 2.3 Section 3 Section 4 Section 5 5.1 5.2 5.3 5.4 5.5 5.6 5.7 No use shall otherwise be permitted which is or would reasonably be detrimental to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance. Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed thirty-five (35') feet. Area Regulations: Residential uses which may be permitted within a Neighborhood Service District are governed by the regulations prescribed by the respective residential districts. Front Yard Setback: No minimum, except that driveway in service buildings and gasoline service islands may not be located nearer than sixteen (16') feet to the front property line. Side Yard Setback: No minimum, except that a side yard of not less than twenty-five (25') feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. Rear Yard Setback: No minimum. Area of Lot: The minimum area of the lot shall be ten thousand (10,000) square feet. width of Lot: shall be one building line. The minimum width of the lot hundred (100') feet at the Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: (See Article XXII) -26- 5.8 5.9 5.10 ARTICLE XVI Section 1 Section 2 2.1 Sign Regulations: (See Sign Ordinance) Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty (40%) percent of the required rear yard. Accessory buildings shall be set back three (3') feet from the rear property line, provided however, that where the rear property line is the line of an alley twenty (20') feet or more in width, no setback shall be required. No accessory building may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings, as permitted herein, may be allowed in required side yards, provided however, that no accessory building may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3') feet to a common property line. No accessory buildings shall be constructed in the front yard or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-16, May 2, 1989) Fences Required: Where a neighborhood service district abuts residential lot(s), a privacy fence is required with a minimum height of eight (8') feet. GENERAL BUSINESS DISTRICT Purpose The purpose of this district lS to provide for general commercial uses which serve a City-wide or regional area. Such districts should have frontage on regional thoroughfares such as City collector streets, state or federal highways. Because of the permitted uses, compatibility with adjacent residential areas should be carefully considered. General Provisions All uses within this district shall be retail sales and/or services. local -27- 2.2 2.3 Section 3 Section 4 Section 5 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 Business located on city collector streets shall be conducted within the building. No use shall otherwise be permitted which is or would reasonably be detrimental to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason or any condition which would amount to a public nuisance. Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed one hundred twenty (120') feet. Area Regulations: Side Yard Setback: No minimum, except that a side yard of not less than twenty-five (25') feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. Rear Yard Setback: No minimum. Area of Lot: The minimum area of the lot shall be ten thousand (10,000) square feet. width of Lot: shall be one building line. The minimum width of the lot hundred (100') feet at the Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: (See Article XXII) Sign Regulations: (See Sign Ordinance) Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty (40%) percent of the required rear yard. Accessory buildings shall be set back three (3') -28- 5.9 ARTICLE XVII Section 1 Section 2 Section 3 3.1 3.2 feet from the rear property line, provided however, that where the rear line of the lot is the line of an alley twenty (20') feet or more in width, no setback shall be required. No accessory buildings shall be constructed in the front yard or an easement. The wall height of the accessory building shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (Ord. 89-S-16, May 2, 1989) Fences Required: Where District abuts residential fence is required with a eight (8') feet. a General Business lot(s), a privacy minimum height of MANUFACTURING DISTRICT - (LIGHT) M-l Use Regulations: Light manufacturing processes which do not normally emit detectable dust, odor, smoke, gas, or fumes beyond the boundary property lines of the lot or tract upon which the use is located or beyond the boundary line of the M-1 Manufacturing District zoned lot which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed one hundred twenty (120') feet. Area Regulations: Side Yard Setback: No minimum, except that a side yard of not, less than twenty-five (25') feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. No parking, storage, or similar use shall be allowed in required side yards or side street yards in M-1 Districts. Rear Yard Setback: No rear yard is required, except that a rear yard of not less than fifty (50') feet in depth shall be provided upon that -29- 3.3 3.4 3.5 3.6 3.7 ARTICLE XVIII Section 1 Section 2 section 3 3.1 portion of a lot abutting or across a rear street from a residential district, except that such yard requirement shall not apply where the property in the residential district also backs up to the rear street. No parking, storage, or similar use shall be allowed in required rear yards in M-1 Districts within twenty-five (25') feet of the rear property line. Area of Lot: The minimum area of the lot shall be ten thousand (10,000) square feet. Width of Lot: The minimum width of the lot shall be one hundred (100')feet at the building line. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100') feet. Parking Regulations: (See Article XXII) Sign Regulations: (See Sign Ordinance) MANUFACTURING DISTRICT (HEAVY) M-2 Use Regulations: Any manufacturing, industrial servicing or storage process not prohibited by law and upon approval by the City Council in accordance with the Specific Use Permit procedure established in Article XXII. A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Regulations: No building shall exceed one hundred twenty (120') feet. Area Regulations: Side Yard setback: No mlnlmum, except that a side yard of not less than twenty-five (25') feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. No parking, storage, or similar use shall be allowed in required side yards or side street yards in M-1 Districts. -30- , 3.2 ARTICLE XIX Section 1 1.1 Rear Yard Setback: No rear yard is required, except that a rear yard of not less than fifty (50') feet in depth shall be provided upon that portion of a lot abutting or across a rear street from a residential district, except that such yard requirement shall not apply where the property in the residential district also backs up to the rear street. No parking, storage, or similar use shall be allowed in required rear yards in M-1 Districts within twenty-five (25') feet of the rear property line. PLANNED UNIT DEVELOPMENT Planned Unit Development: It may be desirable for properties in the City to be developed in accordance with the Master plans prepared and approved in advance of development. To encourage such Planned Unit Development, regulatory provisions are provided as follows: Use Regulation: When any property is designated as being within the Planned unit Development, a building or premise shall be used only for uses identified in the Schedule of Uses (Appendix A) for the applicabie district identified and approved on the Master Plan, with the following types of restrictions: 1. Minimum size ten acres and m1X of not less than three (3) types of zoning. 2. No use of any portion of Planned Unit Development Districts shall be permitted which is offensive by reason of odor, fumes (noxious or toxic) , dust, smoke, heat, vibration, illumination or glare, noise or pollution, electrical disturbances, radiation, drainage, excavation or any use which is hazardous by reason of excessive danger of fire or explosion, or which is in violation of the laws of the United States or the State of Texas or any subdivision thereof. 3. The height, minimum signs, building setback requirements will apply identified and approved on lot sizes, parking, lines and other to all districts Master Plans for a -31- ~. Planned unit Development. When any area has two or more districts identified for that area of the PUD, the most restrictive district requirements will apply. 4. Provisions should be landscaping and land complement each other existing and proposed land made uses and uses for structures, to creatively harmonize with in the vicinity. 5. Light Manufacturing, General Business, Office and Professional District of any combination are permitted, however, no operations are permitted outside of buildings and outside storage must be screened as not to be visible from the street or from any adjoining tract. Any operation which entails the discharge of any gas, steam, smoke or any other emissions or by-products must be specif ically approved by a Specific Use Permit. 6. Recreation Area and Open Space are permitted, provided provisions are arranged for the upkeep of the area. 7. The developer has an option to Schedule of Uses from Appendix district identified on the Master can become part of the zoning for Unit Development. identify the A for any Plan, which the Planned 8. Parking areas must order. lots, driving surfaces and storage be paved and maintained in good 9. Accessory Buildings: (Ord. 89-S-16, May 2, 1989) No accessory buildings, as permitted herein shall occupy more than forty (40%) percent of the required rear yard. Accessory buildings shall be set back three (3') feet from common property lines, provided however, that where the rear lot line of an alley or easement twenty (20') feet or more in width, no setback shall be required. No accessory buildings may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory -32- buildings may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3') feet to a common property line. No accessory building shall be constructed in the front yard or an easement. The wall height of the accessory buildings shall be limited to not more than eight (8') feet and total building height shall not exceed fifteen (15') feet. (This appl ies to residential areas only. ) 1.2 Procedures: 1. The provisions of Article XXIII Amendments shall govern the review and processing of each application for a Planned Unit Development. 2. The developer must submit a Master Plan identifying each district of the Planned unit Development and including any Schedule of Uses from Appendix A, if applicable. Master Plan and Schedule of Uses shall become part of the zoning change ordinance when the Planned unit Development is approved. 3. Master Plan shall show the following: (a) date, scale, north point, title, name of owner and name of person preparlng the plan, (b) location of existing boundary lines and dimensions of the tract, (c) center line of existing watercourses and drainage features, (d) provisions for ingress and planned for the property, egress (e) access from a public street, (f) identify proposed area for each district in the Planned unit Development, (g) number of acres of each district, -33- (h) number and density of housing units proposed per gross acre, (i) identify areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, recreation areas, open spaces, public buildings and similar public and semi-public uses and number of i gross acres for each, (j) landscape planned along the boundary of district of a Planned unit Development to a depth of twenty-five (25') feet, (k) a copy of all agreements, provisions or covenants which govern the use, maintenance and continued protection of the Planned unit Development, (1) vehicular and pedestrian planned, circulation (m) screening walls or fences and other development and protective requirements considered necessary to create a reasonable protection of the adjacent property, (n) a representation of the general character of land adjacent to the unit Development area within two (200') feet. use and Planned hundred 4. Any known variations from the Zoning or subdivision Ordinance should be submitted with site plan for approval to be included with the Master Plan. Specific Use Permits or classification of New or Unscheduled Uses as identified in Article II, Section 4, should be submitted with the Master Plan. 5. The Planning and Zoning Commission may recommend and City Council may impose conditions relative to the standards of development and such conditions shall be complied with before a Certificate of Occupancy is issued for the use of the land structure, which is part of the development. -34- section 2 ARTICLE XX Section 1 1.1 Such conditions shall not be construed as conditions precedent to the granting of a Certificate of Occupancy. 6. The approved Master Plans will be considered in all platting required by the subdivision Ordinance. The Planning and Zoning Commission will insure the platting of the Planned unit Development follows the permitted zoning and schedule uses identified and approved on the Master Plans. The Planning and Zoning Commission must insure any self-imposed requirements submitted on or with the Master plan are clearly identified on the recorded plat for any part of the Planned Unit Development. The Building Official will insure the planned use is in accordance to the approved district identified on the Master plan and, if applicable, Schedule of Uses before issuing a building permit. 7. Any desired change in zoning or Schedule of Uses of any part of a Planned Unit Development different from the approved Master plan or recorded plat shall be considered an amendment to the Zoning Ordinance and shall be processed ln accordance with Article XXIII. Any development approved Residential unit Development now be classified as a Development. as a Planned District wi 11 Planned Unit OVERLAY DISTRICTS Special Overlay Districts Authorized Use: The City Council of the City of Schertz, Texas after a public hearing and proper notice to all parties effected, in accordance with the notice procedures prescribed under Article XXIII for amending the Zoning Ordinance, and after recommendation by the Planning and Zoning Commission, may establ ish Overlay Districts. -35- 1.2 Purpose: Special Overlay Districts may be established when it 1S determined additional zoning requirements, as authorized by this Ordinance, are applicable to certain areas with the City. This Special Overlay District will not change the existing zoning classification and it's restrictions, but may alter requirements for the purpose of promoting the health, safety and general welfare of the City. The following are examples of, but should not be restricted only to these, reasons for establishing a Special Overlay District. 1. Air traffic patterns and location of property in relationship to airports and runways which may require additional height restrictions, building requirements, and may be used to restrict use to avoid a high intensity of people in accident potential areas for the safety of the public. 2. Establish requirements for retention ponds and landscaped buffer area to control erOS1on, run-off and drainage, and can include replacement or planting of trees because of the destruction of the natural watersheds because of development. 3. Establish requirements, including but not limited to, slgns, building setback lines, limited driveways, land berms, hedges, screening, architectural and aesthetic standards to control and limit potential distractive hazards and including glare and noise associated with vehicular traffic. 4. Flood hazards special restriction beyond the normal Flood Ordinance requirements to establish higher base floor elevations, additional setback from flood hazardous area, and other applicable control to prevent erosion, run-off, damming and other perils associated with destruction of property due to floods. 5. Establishing requirements for special restrictions for protecting, maintaining and preserving historical and cultural items, artifacts, structures or objects as deemed -36- Section 2 2.1 2.2 2.3 necessary for preserving and protecting our heritage. Special Overlay District Jack Hays Boulevard Location: To a depth of three hundred (300') feet in any direction along the right-of-way of Jack Hays Boulevard, from IH-35 to FM 78, within the City limits of the City of Schertz. (Ord. 87-S-16, June 16, 1987) Objective: To provide a safe through street avoiding excessive traffic signals, congestion and distractions, which includes protecting the natural environment and watershed, in turn providing an attractive development site and entrance to the City. Requirements: To achieve the objective of the Jack Hays Blvd. Overlay District, the following additional zoning requirements are established for this location: (Ord. 90-S-20, July 3, 1990) (a) Landscaped Buffer or Scenic Easement: A continuous twenty (20') foot wide landscape buffer or scenic easement will be provided contiguous to the Jack Hays Blvd. right-of-way. Existing trees, especially the Live Oak trees, will be preserved if at all possible. Trees, as necessary, wi 11 be planted to provide an average density of one (1) tree (preferably Live Oak) per twenty (20') feet along Jack Hays Blvd. The landscaped buffer area shall be modified and graded to blend with the right-of-way planted with clean massing of low maintenance plant material. The grasses used should be clump types and not overly aggressive. Native grasses, such as Nezpar Indian Ricegrass, sand lovegrass, side oats grama, bluegama are recommended with a mixture of wild flower seed. The buffer area shall be designed to provide for drainage detention, controlling the run-off based on a ten (10) year frequency designed in such a manner for storm water flow not to exceed four (4') feet per second velocity. Irrigation of this landscaped buffer is -37- encouraged and maintenance will normally be the responsibility of the owner to the paved surface. No trees or hedges can be planted within ten (10") feet of the paved right-of- way. (ord. 90-S-20, July 3, 1990) (b) Off-Street Parking: Parking will be permitted adjacent to the continuous landscaped buffer area along Jack Hays Blvd. Off-street parking may encroach ten (10') feet into the required landscaped buffer areas when the land contours and other conditions permit. However, parking and vehicular use area contiguous to Jack Hays Blvd. right-of-way shall have land berm walls or hedge to reduce vehicular reflections and distractions onto traffic traveling Jack Hays Blvd. No parking will be permitted on the Jack Hays Blvd. right- of-way. All off-street parking spaces must be clearly marked and paved hard asphalt or concrete surface. (Ord. 90-5-20, July 3, 1990) (c) Driveways and Access to Jack Hays Blvd: Access to Jack Hays Blvd. will be limited to provide for safe traffic flow, and design shall provide interior drives to limit the number of access to this roadway. Contiguous paved safety and fire lanes should be used to limit the amount of access to Jack Hays Blvd. and be stubbed out to adjoining property to be continued with future development. Interior traffic flows shall have land berm or hedge to reduce vehicular reflections onto traffic traveling Jack Hays Blvd. (Ord. 90-S-20, July 3, 1990) Right turn acceleration/deceleration lane or marginal access road shall be required when driveways are closer than three hundred (300') feet along Jack Hays Blvd. Regardless of the spacing of driveways, right turn acceleration/deceleration lanes shall be provided at each driveway which has an average daily volume of more than one thousand (1,000) vehicles or an average inbound peak hour volume of fifty (50) right -38- turns or more. Access to Jack Hays Blvd. shall be planned to match existing access or land conditions on the opposite side of Jack Hays Blvd. All driveways shall be constructed with concrete from the property line to match the Jack Hays Blvd. pavements, dedicated streets may be asphalt. All driveways shall have a minimum sight distance of two hundred forty (240') feet. Safety and fire lanes shall provide open space to permit vertical vehicular clearance of thirteen and six tenths (13.6') feet. (Ord. 90-S-20, July 3, 1990) (d) Building Setback Line: No building will be permitted within fifty (50') feet of Jack Hays Blvd. right-of-way which will include signs, banners, pennants or flags of any type except as provided for below. The required fifty (50') foot building setback I ine may be adjusted, by the Planning and Zoning Commission, when it is determined the requirement is too restrictive or existing structures are already in place. These exceptions, will normally, only be granted in residential developments; however, exception can be granted in certain cases in commercial development. Al ternate site plans may be considered to encourage the intent of this special overlay and to preserve open green space. (Ord. 90-S-20, July 3, 1990) (e) Sign Restriction: No slgns, banners, pennants or flags of any type, including charitable services or appeals and political service or appeals, shall be erected or maintained in this district except in conformity with the following requirements or other requirements of the Zoning Ordinance of which the most restricting provision shall prevail. No signs shall be permitted to be placed in the right-of-way of Jack Hays Blvd. except as indicated in Item 12 below. (Ord. 90-S-20, July 3, 1990) -39- 1. Signs visible from the exterior of any building may be lighted, but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the product sold or produced thereon. A multi-tenant building sign may be permitted on common pylon sign to support individual tenant identification signs. 3. All signs which are attached to the buildings must be flush-mounted and shall not project above the roof line. 4. Signs painted directly on the exterior surface of a wall shall not be permitted. 5. Special purpose signs and directional and traffic control signs shall be approved by the Planning and Zoning Commission prior to their construction. Special purpose sign shall be of a low prof i Ie type with a height normally not to exceed five (5') feet. Special purpose sign may be used to announce an entrance to a major residential or commercial development or project. Permission to have a special purpose sign will not normally be granted to a development with less than two hundred (200') feet of frontage along the right- of-way of Jack Hays Blvd. Special purpose sign may be permitted in the center island of the entrance and exit of a development site, but must be placed in such a manner so as not to obstruct the traffic vision and cannot be placed in the Jack Hays Blvd. right-of-way. (Ord. 90-S-20, July 3, 1990) -40- 6. Each business lS permitted to have one (1) low profile type sign not attached to the building. The sign shall be approved, by the Planning and Zoning Commission, prior to construction. Sign shall be a low profile type, normally not to exceed a height of eighteen feet seven inches (18' 7"), and the maximum allowed size not to exceed 90 square feet in area. (Ord. 90-S-20, July 3, 1990) 7. Displaying the flag of the United States of America and the Texas flag is permitted behind the required building setback line. Flag shall not exceed 4 x 6 feet and height of pole cannot exceed twenty-five (25') feet. 8. Temporary Development slgns, as described elsewhere in the Zoning Ordinance, announcing or describing a legally approved subdivision or land development may be temporarily erected by obtaining approval from the Planning and Zoning Commission. These signs must be located a minimum of five (5') feet inside property line. These signs shall be maintained and kept attractive during their time standing. The Commission will establish the time period the sign will be permitted and cause the removal of said sign as authorized in this district. (Ord. 90-S-20, July 3, 1990) 9. Temporary slgn pertaining to the lease, rental or sale of premise or structure located thereon is permitted when located on such premise or structure. Such sign shall not be lighted and shall not exceed fifteen (15) square feet in area. These signs must be located aminimum of five (5') feet inside property line. These signs shall be maintained and kept attractive during their time standing. The Planning and Zoning Commission can cause the removal of these signs as authorized in this district. (Ord. 90-S-20, July 3, 1990) -41- 10. No advertising vehicle, portable sign or bench sign permitted. trailer, shall be 11. Banners, Flags, Pennants. (Ord. 90-S-20, July 3, 1990) (a) Banners bearing advertising matter shall be considered an adjunct to wall or free-standing signs. For the purpose of mounting, they shall meet all regulations pertaining thereto. (b) Pennants and streamers are permitted for use in conjunction with banners for the announcement of a grand opening of a business and/or special event. (c) Any banners, pennants or streamers found to be obsolete or in need of repair will promptly be brought to the attention of the owner. The sign(s) will be removed or repaired within 10 days of the date of the written notice. (d) cloth banner signs without frame may project over and across street right- of-way provided they are of a non- commercial nature, not for private profit events. The banners shall be at least fourteen (14') feet from the street grade. (e) National and/or state flags are permitted. Flags which show an emblem or logo of a firm or corporation are permitted. No flag shall exceed thirty- two (32) square feet, and the top of the pole will not exceed twenty-five (25') feet in height from the ground. Permit required for the construction of a flag pole. 12. (Ord. 87-S-21 Sept. 15, 1987) Directional slgns, commonly referred to as "bandit signs", identifying new or special projects shall have approval of -42- the Planning and Zoning Commission. Use of the signs shall be restricted to weekends from 3:00 P.M. Friday to 10:00 A.M. Monday, except on the nine (9) normally accepted Federal holidays. The time restriction shall be expanded to include the Friday or Monday of the Federal holiday, still adhering to the hour limitations. Ten (10) "bandit signs" will be allowed to each builder who is developing areas within the confines of this Ordinance, and these signs wi II be required to be spaced at least 500 feet apart and not be placed in front of legally placed traffic control or safety signs or ref lectors, and will be placed in locations so as not to obstruct traffic. Sign size will be restricted to 2 x 2 feet. Also, builders shall be allowed to place one (1) bandit sign on the north and south side of Jack Hays Boulevard at each entrance of an area they are developing. These signs will be in addition to the ten (10) signs authorized along the length of Jack Hays Boulevard. The Commission, at the time of approval, shall establish size, location, number, height, spacing and time period for the signs to be displayed in this district. These restrictions also apply to garage/yard sale, political and charitable signs. The applicant will be responsible for checking with utility companies on the location of underground utilities. 13. All slgns shall maintained and present appearance at all times. be perpetually a fresh-looking (f) Outdoor Storage Screens: No materials, supplies or equipment, including any trucks or trailers, shall be stored or parked in any area in this district. Garbage and refuse containers shall be concealed by means of a screen or placement behind the buildings so that containers cannot be seen from the frontage along the building setback -43- line. Screens and fences shall form a complete opaque screen, be of minimum height of six (6') feet or the height of the material being screened, whichever is higher. The materials used for screening may be of plants and/or solid fencing compatible with other design elements on the building site. Fence enclosing portions of the property shall be permitted provided they do not encroach on the required building setback lines. Exception to the fence requirements is permitted ln residential development when the rear or side yard abuts the Jack Hays Blvd. right- of-way. All screening materials including fence shall be perpetually maintained and present a fresh looking appearance at all times. All mechanical equipment, util i ty meters, roof mounted material s and storage tanks shall be screened from view compatible with other design elements. (Ord. 90-S-20, July 3, 1990) (g) Exterior Construction: All buildings shall be of masonry construction or it's equivalent or better; finished with concrete, brick, stone, glass or their equivalent. Developers will establ ish exterior design standards to be complete with other surrounding design elements. (h) utilities: underground. All utilities will be (i) Natural Environment: Live Oak trees eight (8") inches or more in diameter should not be removed from this district. site plans should provide for these trees, providing island in parking lots and landscaping surrounding structures. ( j ) Land Use: All sales and serVlce activities must take place indoors. Exceptions for the following outside sales and service may be granted by the Planning and Zoning Commission after approval of the site construction plans: -44- 2.4 Section 3 3.1 1. 2. 3 . 4. Drive through banks 5. Fast food 6. Service station 7. Child care center 8. Telephone stands Newspaper stand Nursery sales Restaurant patio Non-Conformance: Non-conformance with this District will be identified within one hundred eighty (180) days after the effective date by the Planning and Zoning Commission and/or the City Building Official. Appropriate action as identified in Article XXVII of the Zoning Ordinance will be taken to notify responsible party or parties to repair or remove non- conformance within ninety (90) days. The Commission shall have the authority to grant a time extension normally not to exceed an additional ninety (90) days from the original notification and under no circumstances will a non-conformance be permitted after three (3) years from the effective date of this district. Should the responsible party or parties, after due notification, fail to correct violations of this district; the City shall cause such non- conformance to be corrected. The City shall also file against the property a lien in the amount of the cost of such work. Air Installation Compatible Use Zone Overlay District (AICUZ) AICUZ 1. Any development of land within the AICUZ will be referenced to the Planning and Zoning Commission for consideration of a Specific Use Permit in accordance with ARTICLE XXII, Specific Use Permits. 2. In considering land uses within an AICUZ Over lay District, the Planning and Zoning Commission will consider only written requests for land uses identified in the Air Force Base Air Installation Compatible Use Zone most recent study, published and distributed by Randolph Air Force Base Operations. Any land use requested not included in Table IV-1 "Land Use Compatibility Guidelines" of the AICUZ study will be placed within one of the compatible land -45- use categories by the Planning and Zoning Commission and considered accordingly. 3. (AICUZ) Special Overlay District a. Location: Areas identified by Randolph Air Force Base Air Installation Compatible Use Zone most recent study published and distributed by Randolph Air Force Base Flight Operations Branch identify areas within the Accident Potential Zone and those areas subject to high levels of noise from aircraft. b. Objective: To provide land use restrictions for health, safety and welfare of the citizens because of the effects of noise from aircraft, and the high probability of aircraft accidents, while protecting the operational capabilities of Randolph Air Force Base. c. Land Use Restrictions (Ord. 87-S-16, June 16, 1987) (1) Accident Potential Zone (APZ) . Authorized use within the Accident Potential Zone will be restricted to those uses having a low intensity of population during the training mission of Randolph Air Force Base and will be restricted to those identified ln the AICUZ Study. ( 2 ) Noise Zone (NZ). The noise level reduction standards established by the Randolph Air Force Base AICUZ Study are guidelines which will apply to any area this overlay is imposed upon. All developments in the area which will be inhabited will be fully aware of the noise level of the area. (a) A statement will the Building Official noise zone in which will be located. be prepared by indicating the the structure -46- Section 4 4.1 4.2 (b) Structures on Individual Lots. The statement prepared by the Building Official will be completed and signed by the applicant at the time the building permit is issued. (c) Developers/Builders of Subdivi- sions. The above statement prepared by the Building Official will be completed and signed at the time construction plans are approved. The Builder of residential dwellings will not only sign the statement that he is aware of the noise zone level and the insulation requirement to meet minimum noise reduction level, the statement will include a statement that he will inform the buyer of the home of the area noise level and whether the home meets the minimum noise reduction level. Special Overlay District Schertz Parkway (Ord. 87-S-14, June 16, 1987) Creation and Location: The City Council hereby adopts and creates a special zoning district overlay classification designed for properties situated within 500 feet of the right-of-way of Schertz Parkway, between IH 35 and Live Oak Road, within the City of Schertz, to be known as the Schertz Parkway Special Overlay Zoning District. The specific boundaries of the Schertz Parkway Special Overlay District are shown on the official map maintained in the off ice of the City Secretary of the City of Schertz. Objective: The Schertz Parkway Special Overlay District is created for the purpose of providing a safe through street without excessive traffic signals, congestion and distractions, which includes protecting the natural environment and water shed, and in turn providing an attractive entrance to the City. -47- 4.3 Requirements: To achieve the objective of the Schertz Parkway Special Over lay District, the following zoning requirements are established for such District which are in addition to any other zoning requirements of general application not inconsistent thereunder. A. Landscaped Buffer or Scenic Easements: A continuous ten-foot wide landscape buffer or scenic easement will be provided contiguous to the Schertz Parkway right-of-way. Existing trees, especially the Live Oak trees, will be preserved if at all possible. Trees, as necessary, will be planted so as to avoid allowing a dimension of 75 feet or less, measured parallel or concentric to the center I ine of the Parkway, to be void of a tree, within the mentioned ten-foot width. In the event a tree trunk of an existing tree is located outside of said 10-foot strip, but the tree canopy covers the desired area, such tree can be considered to meet this requirement so long as the tree can be expected to remain in place. Both sides of the Parkway will have such requirements, independent of each other. Traffic sight distance requirements at intersecting streets and driveways, and/or street at major driveway widths may require the 75-foot dimension to vary in close proximity to such facilities. Trees situated within ten feet of the pavement of Schertz Parkway may be removed whenever said tree(s) impede safety requirements for traffic sight distances. The landscaped buffer area shall be modified and graded to blend with the right-of-way planted with clean massing of low maintenance plant material. The grasses used should be clump types and not overly aggressive. Native grasses, such as Nezpar Indian Ricegrass, sand lovegrass, side oats grama, bl uegama are recommended with a mixture of wild flower seed. Irrigation of this landscaped buffer is encouraged and maintenance will normally be the responsibility of the owner. No trees or hedges shall be situated within ten feet -48- of the pavement hedges shall be sight lines at driveways. of Schertz Parkway. No situated within traffic intersecting streets and B. off -Street Parking: Parking wi II be permitted adjacent to the continuous landscaped buffer area along Schertz parkway. off-street parking may encroach five feet into the required landscaped buffer areas only if a solid screen hedge or similar planting is provided, having a minimum height of 36 inches. No parking will be permitted on the Schertz Parkway right-of-way. All off-street parking spaces must be clearly marked and paved asphalt or concrete surface. C. Driveways and Access to Schertz Parkway: Each platted lot of 250 front feet or less shall be allowed two curb cuts. Any platted lot of more than 250 front feet may be granted additional curb cuts provided the design thereof incorporates maximum traffic safety ln determining the number of curb cuts and access to Schertz parkway. Each developer shall submit his plan to the City for individual consideration. In addition, each free-standing business on a given lot of 250 feet or more shall be entitled to one additional curb cut. D. Bui lding setback Line: No building will be permitted within 30 feet of Schertz Parkway right-of-way. The required 30-foot building setback line may be adjusted by the Planning and Zoning Commission when it is determined the requirement lS too restrictive. Such exceptions may be granted in residential developments or commercial developments. Exception can only be granted when it is shown there is undue hardship or extensive expense due to the contours of the land, drainage, tree or odd-shaped lots. Authorized accessory building, being placed in rear yards of residential developments abutting Schertz -49- Parkway right-of-way, must be screened from Schertz Parkway by a minimum six (6') foot fence or plants that provide an opaque cover. E. Sign Restrictions: No signs, banners, pennants or flags of any type, including charitable services or appeals and political service or appeals, shall be erected or maintained in the District except in conformity with the following requirements or other requirements of the Zoning Ordinance of which the most restricting provision shall prevail: 1. Signs visible from the exterior of any building may be lighted, but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the product sold or produced thereon. A multi-tenant building sign may be permitted on common pylon sign to support individual tenant identification signs. 3. Signs painted directly on the exterior surface of a wall shall not be permitted unless the legend of such slgn is either recessed into or raised from the wall. 4. Special purpose signs and directional and traffic control signs must be approved by the Planning and Zoning Commission prior to their construction. Special purpose signs shall be of low- profile type with a height not to exceed 15 feet. Special purpose signs may be used to announce an entrance to a major residential or commercial development or project. Special purpose signs may be permitted in the center island of the entrance and exit of a development site, -50- but must be placed in such a manner so as not to obstruct the traffic vision and cannot be placed in the Schertz Parkway right-of-way. 5. Each business or other user may maintain one sign not attached to the building. Such signs shall have a maximum height of 25 feet above the centerline of the Parkway, except in instances in which higher signs are made necessary or advisable, and any sign exceeding 200 square feet in area must be approved by the Planning and Zoning Commission prior to construction. 6. Displaying the flag of the United States of America and the Texas flag shall be permitted behind the required building setback line. 7. Temporary development signs, as defined elsewhere in the Zoning Ordinance, announcing or describing a legally approved subdivision of land development may be temporarily erected. Such signs must be located at least ten feet from any public driving surface. 8. Temporary signs pertaining to the announcement of pending development or lease, rental or sale of premises or structure located thereon shall be permitted when located on such premise or structure. Such signs shall not be lighted and must be located at least ten feet from any public driving surface. Such signs shall be maintained and kept attractive at all times. 9. No advertising vehicle, portable sign or bench slgn permitted. trailer, shall be -51- 4.4 ARTICLE XXI Section 1 Section 2 2.1 Site plans should accommodate existing trees by providing islands in parking lots, grading and landscaping surrounding structures. No trees 24 inches in diameter or larger shall be removed without prior approval of the City. H. Land activities. outdoors. Sales and service take place indoors or Use: may Nonconformi ty: Nonconforming users wi thin the District will be identified within 180 days after the effective date by the Planning and Zoning Commission and/or the City Building Official. Appropriate action as identified in Article XXVII of the Zoning Ordinance will be taken to notify the responsible party or parties to repair or remove nonconforming users within 90 days. The Commission shall have the authority to grant a time extension normally not to exceed an additional 90 days from the original notification and under no circumstances will a nonconforming use be permitted after three years from the effective date of this District. Should the responsible party or parties, after due notification, fail to correct violations, the City shall cause such nonconformity to be corrected. The City may also file against the property a mechanic's lien in the amount of the cost of such work. HEIGHT AND AREA SPECIAL CONSIDERATIONS Overall Height and Area Regulations: Except as provided herein, no building or structure or part thereof shall be erected, altered or con- verted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations specified herein for lot areas, lot width, lot depth, dwelling unit area, front, and side and rear yards. Special Height and Area Considerations: Height: buildings In the districts where the height of lS restricted to thirty-five (35') -54- feet, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40') feet above the average grade line of the building. 2.2 Mixed Use Building: In a building serving dwelling and other uses, in any district, the height and area regulations applicable to non- residential buildings shall apply. 2.3 Front Yards: 1. Where the frontage on one side of a street between two intersecting streets is divided by two or more Zoning Districts, the front yard setback shall comply with the requirements of most restrictive district for the entire frontage from one intersecting street to another. 2. Where the building setback line has been established by plat and exceeds the require- ments of this Ordinance, the most restrictive setback line shall apply. 3. The front yard shall be measured from the property line to the front face of the build- lng, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard, not to exceed two ( 2') feet. Fence or surface structures shall not exceed forty-eight (48") inches in height. 2.4 Side Yards: Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural fea- tures projecting not to exceed twelve (12") inches into the required side yard, and roof eaves projecting not to exceed twenty-four (24") inches into the required side yard, except that no projection shall be permitted closer than twelve (12") inches to a common property line. -55- 2.5 2.6 2.7 2.8 ARTICLE XXII Section 1 Rear Yards: Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30") inches above the general ground level of the graded lot, except for accessory buildings as permitted and the ordi- nary projections of window sills, belt courses, cornices and roof overhangs and other architec- tural features projecting not to exceed ten (10') feet into the required rear yard. Court Standards: The minimum dimensions and area of outer or inner courts provided in buildings occupied for dwelling purposes shall be ln accordance with the following provisions: 1. Outer Courts Residential Structure: For residential structures thirty-five (35') feet or less in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum width equal to the depth of the court; but the width of any such outer court need not exceed twenty (20') feet even though the depth of the court may exceed such dimension. 2. Inner Courts Residential Structures: For residential structures thirty-five (35') feet or less in height, any inner court which may be used for emergency access purposes shall have minimum dimensions in the length of the roof or eave at the top of the wall enclosing such court; but neither the width nor length of the base of such inner court need exceed thirty (30') feet, even though the height of the enclosing walls may exceed such dimension. Parking Regulations: (See Article XXII) Sign Regulations: (See Sign Ordinance) PARKING REGULATIONS Purpose: It is the purpose of this section to establish the guidelines for off-street parking space consistent with the proposed land use to: 1. Eliminate occurrence of non-resident on- street parking in adjoining neighborhood; -56- Section 2 2. Avoid the traffic congestion safety hazards caused by a failure such parking space; and public to provide 3. Expedite the movement of traffic on public thoroughfares in a safe manner and thus increasing the carrying capacity of the streets, reducing the amount of land required for streets and the cost to both the property owner and the city. Off-Street Parking and Loading Requirements: Schedule of Off-Street Parking Regulations: Type of Generator Unit Minimum No of Spaces Per unit One and Two Family Dwellings Dwelling 2 Multi Family Dwellings and Townhouses Dwelling 2 Rooming or Boarding Houses Sleeping Rooms 1/2 Fraternity or Sorority Beds 1/4 Private Club or Lodge Members 1/5 Church or Temple Seat 1/5 School (except high school or college) Seats in Seat 1/10 Auditorium Seats in Classroom 3 Classroom College or High School Seats in Seat 1/8 Auditorium -57- Seats in Classroom Country Club or Golf club Classroom Members Community Center, Library, Museum or Art Gallery 0-2,000 Square Feet 2,000 + Square Feet Hospital Sanitarium, Conva- lescent Home, Home for the Aged, or Similar Institution Theater or Audi- torium (except school) Sports Arena, Stadium or Gymnasium Hotel Commercial Floor Area Tourist Home, Cabin, or Motel Dance Hall, Assembly or Exhibit Hall Business or Professional Office, studio Bank, Medical or Dental Clinic 0-1,000 Square Feet 1,000 Square Feet Bowling Alley -58- Total Square Feet Beds Beds Seats Seats Sleeping Rooms Square Feet Sleeping Rooms Square Feet Total Sq. Ft. Alley 3 1/5 10 1/300 1/2 1/4 1/4 1/5 1/3 1/200 1 1/100 3 1/200 4 Mortuary or Funeral Home Seats 1/4 Restaurant, Night Club, Cafe or Similar Recre- ation or Amuse- ment Establishment Seat 1/3 Retail Store or Personal Service Establishment Square Feet 1/200 Furniture or Appliance Store, Hardware Store, Wholesale Estab- lishments, Machi- nery or Equipment Sales and Service, Clothing or Shoe Repair, or Service Shop 0-1,000 Square Feet 1,000 + Square Feet Total Square Feet 2 1/300 Printing or Plumbing Shop or Similar Service Establishment Employees 1/3 Manufacturing or Industrial Estab- lishment, Research or Testing Labora- tory, Creamery, Bottling Plant, Warehouse, or Similar Establishment Employees 1/2 2.1 Provisions for Determining the Number Locations of Parking Spaces: In computing number of such parking spaces required, following rules shall govern: of the the 1. "Floor area" shall mean the gross floor area of the specific use. -59- 2. Where fractional spaces result, the parking spaces required shall be construed to the nearest whole number. 3. Whenever a building or use constructed or establ ished after the effective date of this Ordinance is changed or enlarged in floor area, number of dwell ing units, seating capacity or otherwise, to create a need for an increase of ten (10%) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged in floor area or in the area used, said improvement or use shall then and thereafter comply with the parking requirements set forth herein. 4. In the case spaces required requirements of separately. of mixed uses, the shall equal the sum the varlOUS uses parking of the computed 2.2 All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establ ishments, the required spaces may be located not to exceed three hundred (300' ) feet from an institutional building served and not to exceed five hundred (500') feet from any other non-residential building served. 1. Up to one hundred (100%) percent of the parking spaces required for a church or church school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours; provided however, that written agreement therefore is properly executed and filed as specified in paragraph "2". -60- 2. In any case where the required parking spaces are not located on the same lot or contiguous with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for purposes shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit. 2.3 Development and Maintenance of Parking Area: Every parcel of land hereafter used as publ ic parking area, including commercial parking lots, automobile, farm equipment, mobile home, trailer, or other open-air sales lot, shall be developed and maintained in accordance with the following requirements: 1. Surfacing: Except as otherwise provided, all off-street parking areas shall be all- weather surfaces, shall be installed, graded to drain, and maintained so as to dispose of surface water accumulated wi thin the area, for all parking areas for more than five (5) vehicles. Parking spaces shall be so arranged and marked as to provide for order ly and safe parking of vehicles. Surfaces shall be subject to approval by the City Engineer. 2. Lighting: Any lighting used to illuminate an off-street parking area shall be arranged so as to direct or shield the light away from the adjoining premises in any residential district. 3. Number of Off-Street Parking Spaces Required: The number of off-street parking spaces required shall be determined from section 2 of this article, off-Street Parking and Loading Requirements Table. The classification of uses referred to shall be deemed to include and apply to all uses. 4. Off-Street Loading Regulations: Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any -61- ARTICLE XXIII Section 1 other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premise, loading space in accordance with the following regulations: a. In the NS, Neighborhood Service, and GB, General Business Districts, one loading space for the first five (5,000) thousand to fifteen (15,000) thousand square feet of floor area in the building and one additional loading space for each fraction thereof, of floor area in excess of fifteen (15,000) thousand square feet. b. In the M-1 and M-2 Manufacturing Districts, one loading space for each ten (10,000) thousand square feet or fraction thereof of floor area in the building. c. No more than three off-street loading spaces shall be required for any Neighborhood Service or General Business use, nor more than five off- street spaces for any Manufacturing use. AMENDMENTS Statement of Intent: For the purpose of establ ishing and maintaining sound, stable and desirable development within the territorial limits of the City, this Ordinance shall not be amended except to correct error in the Ordinance, or because of changed or changing conditions in particular areas or in the City generally, or to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all in accordance with the comprehensive plan. Subject to the foregoing Statement of to this Ordinance may be Amendment Limitation: limitations of the Intent, an amendment initiated by: 1. City Council on it's own motion; 2. The Planning and Zoning Commission; 3. Or Petition. -62- Section 2 2.1 2.2 2.2.1 2.2.2 Changes and Amendments: Authority: The City Council in accordance with applicable state law may from time to time amend, supplement, change, modify or repeal the regulation standards and boundaries herein established. In addition, a comprehensive review of the Zoning Ordinance text and map shall be made by the Planning and Zoning Commission for the purpose of keeping the City current with development patterns and innovative methods in zoning and examining existing land uses and changes in land uses made by developers and builders within the City in order to ascertain those areas where the patterns of development are changing. The Planning and Zoning Commission, at least every three years shall file a report and recommendation thereon with the Mayor and City Council. The three year time period shall commence upon the date of the adoption of this Ordinance. Application For changes to map as follows: and the Petition regulation for Amendment: and/or district Any person, firm or corporation petitioning the City Council for a change in the Zoning District Map shall do so upon forms provided for such purposes by the office of the City Secretary and all petitions for changes shall be filed with the office of the City Secretary fifteen days prior to the next regular session. Notice shall also be given to the City Secretary if said application for change originates with any member of the City Councilor Planning and Zoning Commission. Petitions shall be reviewed by the Planning and Zoning Commission at it's regular ly scheduled meeting. The petition shall appear on the agenda that has been publ ished and distributed to them not less than three days prior to such meeting. The application or petition may be recommended for a public zoning hearing by the majority of the Planning and Zoning Commission, if the following conditions are met: -63- Section 3 3.1 3.2 1. The requested change is in keeping with the comprehensive plan adopted by the city Council. 2. There has been environmental and/or economical changes which warrants a change since it's original zoning. 3. Granting of the request would not create an incompatible use different from the surrounding property, or show favor to the property under consideration for rezoning. (Spot Zoning) 4. There is an error in the original zoning of the property for which a change is requested. The applicant shall be advised in writing by an appropriate City staff member of action taken on the petition. 5. A petition for change to a setback requirement and/or another requirement for property currently zoned may be recommended for public hearing if any of the following conditions are met: (Ord. 89-S-28, Sept. 19, 1989) a. If the applicant cannot make a reasonable use of the property or earn a reasonable return without the requested amendment. b. The requested amendment lS pecul iar to the property. c. The request is not a condition caused by the applicant. d. The health, safety and wel fare of the neighborhood and/or City will not be effected by the requested change. Procedure for Amendment Petition: Fi I ing of Appl ication: All petitions for amendments to this Ordinance shall be ln writing, signed and filed with the City Secretary for presentation to the Planning and Zoning Commission. Contents of Petition: All petitions for amendments to this Ordinance shall contain at least the following: -64- 1. The petitioner's name, address and interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition. 2. The nature and effect of the proposed amendment. 3. A fully dimensioned map showing the following will be provided: a. The land which would be affected by the proposed amendment, b. A legal description of such land. c. The present zoning classification of the land. d. The zoning classification of all abutting Zoning District. e. All public and private rights-of-way and easements bounding and intersecting the land under consideration. 4. If the proposed amendment would requlre a change ln the Zoning Map, the names and addresses of the owners of all land within the area to be changed by the proposed amendment. 5. The would be together error ln detailed amendment alleged error in this Ordinance, which corrected by the proposed amendment with a detailed explanation of such the Ordinance, which is alleged, and reasons as to how the proposed will correct the same. 6. The changed or changing conditions, if any, in the area or in the municipality generally, that make the proposed amendment reasonably necessary. 7. Evidence that the petition lS ln accordance with the Comprehensive Plan. -65- 3.3 Section 4 4.1 8. All other circumstances, factors and reasons which applicant offers in support of the proposed amendment. Time Limitations: If a petition for rezoning is denied by either the Planning and Zoning Commission or the City Council, another petition for reclassification of the same property or any portion thereof shall not be filed within twelve months from the date of denial. Public Notice and Procedure for Amendments: (Ord. 89-S-28, Sept. 19, 1989) Procedures Commission Before Planning and Zoning the a. Whenever it is the desire of the majority of the members of the Planning and Zoning Commission that a proposed Specific Use Permit, an amendment or change to the Zoning Ordinance or District Map be proposed and considered at a public hearing or as a result of a petitioner application by a person, firm or corporation that has not been rejected or denied as set forth in Section 2.2.2, such proposed amendment or change shall be scheduled for a public hearing by the Secretary of the Planning and Zoning Commission. The Secretary shall, at least fifteen (15) days prior to the publ ic hearing, cause notice of publ ic hearing involving the Zoning Ordinance and District Map to be published once in a newspaper of general circulation in the City, and designated as the official publication of the City, stating briefly the change or amendment to be considered at the hearing and the time and place of such hearing. Such notice shall be sent to the property owners, as determined from the most recently approved City tax roll, of real property lying within two hundred (200') feet of the property on which the change in classification is proposed. Such notice shall be given not less than ten days before the date set for the hearing. The notice shall be made by depositing the same, properly addressed and postage paid, in the United States -66- Post Office. This notice will also contain the time and place a public hearing will be held by the City Council. b. Each appl ication for a Publ ic Zoning Hearing shall be accompanied at the time the hearing is scheduled by a fee in accordance with the Schedule of Fees. (See Schedule of Fees) c. The petitioners for the public hearing shall be notified by letter of the time and place the public hearing will be held by the Planning and Zoning Commission and the City Council. The letter will also state that the applicant, or his representative, must be present at the public hearing. Failure to be represented at the public hearing will cause a loss of the fees paid. Rescheduloing of the hearing will require submission of application and new fees. d. Rules of order commensurate with proper conduct, hearing of arguments and receiving of evidence shall be adopted and observed at the hearing. The recording of minutes shall be made of the hearing and shall be maintained or filed in the office of the City Secretary. No action on any proposed change or amendment shall be taken at or during the Publ ic Zoning Hearing. Although such meeting is open to the public, no proponent or opponent to the proposed zoning change, amendment, or Specific Use Permit shall be permitted to be heard after the public hearing has been closed. e. After such hearing, Commission will make recommendations, in Council: the Planning and Zoning one of the following writing, to the City (1) Recommend against the change in zoning with complete justification why the zoning should be disapproved. ( 2 ) Recommend the change ln complete justification why should be approved. zoning with the zonlng -67- 4.2 Procedures Before City Council a. A public hearing shall be held by the City Council before adoption of any amendments, supplements or changes, at which hearing parties of interest, or other citizens, shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Schertz at the time the notice of the Planning and Zoning's public hearing is published. The notification to property owners of the time and place of the Planning and Zoning Commission's publ ic hearing will also contain the time and place of the public hearing by the City council. b. Rules of order commensurate with proper conduct, hearing of arguments and receiving of evidence shall be adopted and observed at the hearing. The recording of minutes shall be made of the hearing and shall be maintained or filed in the office of the City Secretary. No action on any proposed change or amendment shall be taken at or during the Publ ic Council Hearing. Although such meeting is open to the public, no proponent or opponent to the proposed zoning change, amendment, or Specific Use Permit shall be permitted to be heard after the public hearing has been closed. c. When the Planning and Zoning Commission has recommended a change in zoning together with recommendations as to requirements as provided herein, the City Council shall be at liberty to either accept, reject or make other additional requirements, and any such requirements, to be made at the discretion of the City Council, shall become a part of the ordinance changing the zoning classification to the Zoning Ordinance, and such requirments shall be considered as an amendment to the Zoning Ordinance as applicable to such property. d. In case the Planning and Zoning Commission has recommended against a proposed amendment, supplement or modification, or if protest against such change, signed by owners -68- ARTICLE XXIV section 1.1 of twenty (20%) percent or more (either of the area of the lots or land included in such proposed change or extending two hundred (200') feet therefrom) has been submitted, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of the City Council. e. The City Council shall, at either a regular or a special meeting, act upon the proposed changes, amendments or Specific Use Permits. Although such meeting is open to the public, no proponent or opponent to a proposed zoning change, amendment or Specific Use Permit shall be permitted to be heard. f. If the City fails to pass an ordinance approving such proposed amendment, supplement or change, a new application for such proposed Specific Use Permit, amendment, supplement or change in the Zoning Ordinance or the boundaries of the district map shall not again be considered until after the expiration of twelve months from the date of such proposed amendment, supplement or change was rejected; provided; however, that such application may be reconsidered within the above mentioned twelve month period if it be shown that a substantial change in conditions has taken place in the vicini ty of the property sought to be rezoned. The procedures for such application for rezoning shall be the same as if the applicant has never filed a previous application for zoning change. SPECIFIC USE PERMITS Authorized Uses: The City Council of Schertz, Texas, after public hearing and proper notice to all parties affected, in accordance with the notice procedures prescribed under Article XXIII for amending the Zoning Ordinance, and after recommendation by the Planning and Zoning Commission, may authorize the issuance of Specific Use Permits for zoning specific uses set forth in the Schedule of Uses, Appendix A, when situated within the Zoning Districts identified within the schedule. -69- 1.2 Development standards Required: The Planning and Zoning Commission in considering and determining their recommendation and the City Council in considering any request for a Specific Use Permit may require from the applicant plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may in compliance with this Ordinance, establish conditions of operation, location arrangement and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from excessive noise vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable hazardous conditions. 1.3 Temporary Construction Buildings: Temporary buildings and temporary building material storage area to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the Building Official and subject to periodic renewal by the Inspector for cause shown. Upon completion, abandonment of construction or expiration of permit, such field offices and bui ldings shall be removed within thirty days, or at the direction of the Building Official. 1.4 Temporary Development Signs: Temporary development and promotional slgns not exceeding three hundred (300) square feet in area may be erected on private property. The Building Official shall control the location and duration of such sign use to assure that the occupancy and use of adjacent lots are not interfered with and that no safety hazard is created. Such special development signs will be removed at the direction of the Building Official after completion of the development. -70- 1.5 1.6 1.7 1.8 ARTICLE XXV Section 1 The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this Ordinance and to mi tigate adverse effects of the proposed use. These requirements may include, but are not I imi ted to, increased open space, loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks. Any person or persons, jointly or severally aggrieved by a decision of the Commission, may present to the City Council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such petition shall be presented to the City Council within ten days after the final decision of the Commission, and not thereafter. Recording: One copy of an approved Specific Use Permit shall be del i vered to the owner of the property, one copy shall be filed in the office of the Building Official. Development: Following the issuance of a Specific Use Permit, the Building Official shall insure that if the development is undertaken, it is completed in compliance with said permit. However, if a Specific Use Permit has not been used within six months after the date granted, the permit is automatically cancelled, which fact shall be noted over the signature of the Building Official on the file copies of the permit, and the owner shall be so notified ln writing. REGULATION OF NON-CONFORMING USES Continuance of Use: Any non-conforming use of land or structure may be continued for definite periods of time, subject to such regulations as the Zoning Board of Adjustment may require for immediate preservation of the adjoining property and the ultimate removal of the non-conforming use. If, however, a continuous operation is not carried on in such non-conforming use during a continuous period of six months, the building, -71- section 2 section 3 Section 4 Section 5 Section 6 other structure or tract of land where non- conforming use previously existed shall thereafter be occupied and used only for conforming use. Intent to resume activity operation shall not affect the foregoing. Change of Use: A non-conforming use may be changed to any conforming use. A non- conforming use shall not be changed to any other type of non-conforming use without the prlor approval of the Zoning Board of Adjustment which may grant a change of occupancy from one non- conforming use to another. (Ord. 89-S-28, Sept. 19, 1989) Damage and Destruction: A non-conforming use shall not be extended or rebuilt in case of obsolescense or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding fifty (50%) percent of it's value, the Building Inspector shall issue a permit for reconstruction, if greater than fifty (50%) percent and less than total, the Zoning Board of Adjustment may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated non-conforming use. Enlargement: A non-conforming use shall not be enlarged or extended, except upon authorization of the Zoning Board of Adjustment. Normal Maintenance: Normal maintenance of a building or a structure containing a non- conforming use is permitted, including necessary non-structural repalrs and incidental alterations not extending the non-conforming use. Structural Changes: No structural al teration shall be made in a building or other structure containing a non-conforming use except that required by law. -72- Section 7 ARTICLE XXVI Section 1 1.1 1.2 Change in Ownership or Tenant; The continuing non-conforming use of land and/or building is not transferable to a new owner or tenant through sale or rental. (Ord. 89-S-28, Sept. 19, 1989) ADMINISTRATION Administrative provisions: Building Permit and plan Requirements: 1. Building permits shall be in conformance with current building codes. 2. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on a subdivision plat and the lot shall be staked out on the ground before construction is started. Effect Upon Existing Permits, Agreements and Rights: 1. Existing Permits This ordinance lS not annul: and Private Agreements: intended to abrogate or a. any permits issued before the effective date of this Ordinance; b. any easement, covenant or any other private agreement more restrictive than the provisions of this Ordinance. 2. Preserving Rights in Pending Litigation and Violations Under Existing Ordinances: By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain non- conforming where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this Ordinance; but prosecutions and suits for such offenses, I iabi I i ties, penal ties or forfeiture, either civil or criminal, shall be discharged or -73- Section 2 2.1 2.2 affected by the adoption of this Ordinance; but prosecutions and suits for such offenses, liabilities, penal ties or forfeitures, may be instituted or causes presently pending be proceeded with in all respects as if such prior Ordinance has not been repealed. Certificates of Occupancy and Compliance: Certificates for: of shall be required Occupancy 1. Occupancy and use of a building hereafter erected or structurally altered. 2. Change in use of an existing building to a use of a different classification. 3. Occupancy and use of vacant land. 4. Change in the use of land to a use of a different classification. 5. Any change in the use of a non-conforming use. No such occupancy, use, or change of use shall take place until a Certificate of Occupancy therefore has been issued by the Building Official. Certificates of Occupancy for Non-Conforming Uses: A Certificate of Occupancy shall be required for all lawful non-conforming uses of land or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a non-conforming use shall be filed with the Building Official by the owner or leasee of the building or land occupied by such non-conforming use within one year of the effective date of this Ordinance. It shall be the duty of the Building Official to issue a Certificate of Occupancy for a lawful non- conforming use, or refusal of the Building Official to issue a Certificate of Occupancy for such non-conforming use shall be evidence that said non-conforming use was either illegal or did not lawfully exist at the effective date of this Ordinance. -74- section 3 Section 4 4.1 Procedure: Written application for a Certificate of Occupancy for a new building or for an existing building which has been altered shall be made at the same time as the application for the building permit for such building. Said Certificate shall be issued within three days of completion of construction or alteration. written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land for a building, or for a change in non-conforming use, as herein provided, shall be made to Building Official; if the proposed use is in conformity with the provisions of this Ordinance, the certificate of Occupancy therefore shall be issued. The fee for such Certificate of Occupancy shall be five ($5.00) dollars and paid to the City of Schertz at the time the building permit is issued. Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all the provisions of law. A record of all Certificates of Occupancy shall be kept on file in the office of the Building Official or his agent. Home Occupation: Home occupations are authorized within the City of Schertz according to the provisions of this section. A Home Occupation is Defined as Follows: Any occupation or activity carried on by a member or members of the immediate family, residing on the premises, in connection with which there is used no sign other than a personal family name plate not more than one (1) square foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes or mechanical equipment that may be used in conjunction with the home occupations cited in this Article, Section 4.2. -75- 4.2 It is recognized that not all authorized types of home occupations can be listed, however, the following types of home occupations are specifically authorized in the City of Schertz: a. office of physician, dentist, other medical practitioners; lawyer, accountant, tax consultant, architect, professional and managerial consultants, salespersons, real estate agents, insurance agents, stenographer/administrative occupations. b. Dressmaker, seamstress, tailor. c. Author, sculptor. composer, painter ( fine art), d. Music or dance teacher, tutor. instructor is limited to not more pupils at a time.) (Musical than two e. Arts and crafts such as making of stained glass, ceramics, jewelry; lapidary work; rug weavlng. f. Making and instruments. renovation of musical 4.3 It lS recognized that not all unauthorized types of home occupations can be listed, however, the following types of home occupations are specif ically not authorized in the City of Schertz: a. Occupations that require equipment which creates noise, vibration, smoke, dust, odors, heat or glare, any of which is offensive to persons of ordinary sensibility ln the neighborhood. b. Barbershop and beauty stylist. shop/parlor, hair c. Vehicle, and medium and heavy appliance repair, ie: Electric or gas mowers, electric motors (over one-horse rating), outboard and inboard boat motors, motorcycles. -76- d. Clinic or hospital. e. Stable or kennel. f. Animal clinic or hospital. g. Antique shop. h. Gift shop. 1. Restaurant, catering service or any food preparation for sale elsewhere or on premlses. j . Renting of trailers. k. Tourist home. l. Grooming of pets. m. Retail sales outlet. n. Tattoo parlor/business. 4.4 Permit Required: Each resident has, or shall occupation, is occupation permit. within the City of Schertz have, an authorized required to have a (See Schedule of Fees) that home home 4.5 Application for Home Occupation Permit: a. Applications for a Home Occupation Permit are available upon request to City Inspector, and shall be completed by each person having or desiring to have a home occupation. If the home occupation is one that is listed in Section 4.2, upon verification by the City Inspector, the City Inspector will issue a home occupation permit to the appl icant. If the requested home occupation is a type that may be reasonably included as being authorized, the City Manager lS authorized to make that determination and grant approval to the City Inspector to issue a home occupation permit. b. If the appltcant desires a home occupation that lS not listed in Section 4.2, and a -77- determination cannot be made by the city Manager, or the requested home occupation lS listed as unauthorized in Section 4.3, the city Inspector will accept the application and submit that application to the city of Schertz Planning and Zoning Commission for their consideration. 1. when an application is required to be submitted to the Planning and Zoning Commission, the City Staff will advise the applicant of the meeting at which the application will be considered by that Commission, and the applicant is required to be present at that meeting for the application to be considered. 2. The Planning and Zoning Commission, after evaluation and consideration of the appl ication, lS authorized to make an interpretation that the requested home occupation is within the realm of intent of those types of home occupations that may be authorized in the City of Schertz. If the requested home occupation is a type that is listed as unauthorized in Section 4.3 of this Ordinance, the Planning and Zoning Commission may grant an exception and authorize the City Inspector to issue a Home Occupation Permit. It will be up to the applicant to submit sufficient evidence that will support granting an exception. At least one type of supporting evidence that is authorized to be submitted to the Planning and Zoning Commission for their consideration is a signed statement by each property owner within two hundred (200') feet of the property on which the home occupation is to occur, stating that said property owner has no objection to the existence of the proposed home occupation. An example type of a statement is as follows: "I (NAME), the property owner at (ADDRESS) have been advised by (NAME OF HOME OCCUPATION APPLICATION) of his request to the City of Schertz for a Home Occupation -78- Permit for the purpose of conduction (TYPE OF HOME OCCUPATION), and I have no objection to a Home Occupation Permit being granted by the City of Schertz to the person and for the purpose reflected in this statement." Signature and date. of neighboring property owner, 3. If the Planning and Zoning Commission disapproves the application for a Home Occupation Permit, within five days, that Commission will cause the appl icant to be notified in writing of the disapproval and the reason therefore. In that letter, the applicant will be advised of his/her right to appeal the decision to the City of Schertz Board of Adjustment according to the City of Schertz Zoning Ordinance Number 79-S-15 as lS, or may be amended. 4. An applicant who is renting the property on which a home occupation permit is requested will obtain a written statement from the owner of the property. The owner will state that he/she has no objection for the home occupation on the property. This statement will accompany the application for a home occupation. An appl ication which indicates objection by the property owner will not be accepted. 4.6 Home Occupation Permit Termination: a. Once issued by the City of Schertz, a Home Occupation Permit remains valid for a period of one ( 1) year as long as the conditions remain the same as existed at the time the permit was issued or this Ordinance is revised or amended to reflect otherwise. b. The City Inspector(s) are authorized to periodically, at least annually, enter the premises that the home occupation is located to insure that compl iance with this Ordinance is being fulfilled. If compliance does not exist, -79- Section 5 5.1 5.2 the City Inspector may terminate the validity of the Home Occupation Permit at that time. c. If a Home Occupation Permit is terminated by the City Inspector, or any other authorized official of the City, the person having had permit terminated must reapply for a permit under the conditions and procedures established by this section for the issuance of a Home Occupation Permit. Sexually Oriented Business (Ord. 89-S-28, Sept. 19, 1989) Purpose and Intent. The purpose of this Section is to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the City, and to establ ish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communications materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the U.S. Constitution, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Definition. a. Sexual I y Oriented Business means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, 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. -80- 5.3 Location. a. A sexually oriented business will not be operated within 1,000 feet of: 1. a church 2. a public or private school 3. a boundary of a residential district as defined on the current Zoning Map ln the City Secretary's office 4. a public park adjacent to a residential district 5. the property line of a lot devoted to a residential use as defined in this Ordinance 6. another sexually oriented business already in existence or the site of another sexually oriented business for which a building or occupancy has been applied for b. No more than one (1) sexually oriented business shall be operated, maintained or establ ished in the same building, structure or portion thereof. c. Distances from building structures or objects listed in paragraph a. above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, or public or private school, or to the nearest boundary of an affected public park, residential district or residential lot. d. Each sexually oriented business must be licensed to operate. e. Any sexually oriented business lawfully operating on october 3, 1989 that is in violation of this Section shall be deemed a nonconforming use. The nonconforming use wi II be permitted to continue for a period not to exceed three (3) years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended -81- ARTICLE XXVII Section 1 Section 2 Section 3 or altered except that the use may be changed to a conforming use. BOARD OF ADJUSTMENT The Zoning Board of Adjustment as created by Article VIII, Section 8.02 of the City Charter of Schertz, Texas, shall hear and rule on all appeals to this Ordinance. Jurisdiction: When, ln it's judgment, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases after publ ic notice and public hearing, and subject to appropriate conditions and safeguards, authorize and shall have the power to grant the following special exceptions to the regulations herein establ ished. In granting such exceptions and regulations the Board of Adjustment shall not permit within any district a use that is not permitted in that district and the district regulations as set forth in this Ordinance. The Board of Adjustment shall not permit any variations or exception if the applicant has contributed to the cause of the unnecessary hardship of which he complains. The Board of Adjustment may allow the following: 1. The reconstruction of a building occupied by a non-conforming use, provided such reconstruction does not prevent the eventual return of such property to a conforming use, may be permitted. 2. Modifications of yard, open space, parking lot area or lot width regulations as may be necessary to secure appropriate development of a parcel of land may be permitted. 3. Require the discontinuance of non-conforming uses of land (not primary structures), under any plan whereby the full value of any improvement can be amortized within a reasonable number of years, taking into consideration' the general -82- Section 4 Section 5 Section 6 character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance. 4. Reduce required off-street parking if it can be shown that the required minimum as herein established will not at any time be necessary because of the character of the proposed uses at a probable I imited quantity of employees, clients, customers or tenants. 5. Decide appeals where it is alleged there lS error in the order, requirement, decision or determination made by the Building Official ln the enforcement of this Ordinance. Applications for Special Exceptions: All applications for special exceptions shall be by appeal to the Board of Adjustment. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record ln the matter being appealed. Stay of Proceedings: An appeal shall stay all proceedings in the matter appealed, unless the Officer from whom the appeal is taken certified to the Board of Adjustment that a stay would in his opinion cause imminent peril of life or property. Hearings of Appeals: The Board of Adjustment shall fix a reasonable time for the hearing of an appeal and shall give written notice to the parties of interest. In addition, at least fifteen days advance notice shall be given by publication at least once in the official publication of the City stating the time and place of such hearing, the parties appealing -83- Section 7 7.1 such matter, and the lot description of the land which the matter concerns. The Board of Adjustment shall mail notices of such hearings to the petitioner and owners of property lying within three hundred (300') feet of any point of land on which a variation is desired and to all other persons deemed by the Board to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the City. In exercising it's powers, the Board of Adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any building inspector. The concurring vote of four members of the Board of Adjustment shall also be necessary to decide in favor of an applicant on any matter upon which the Board is required to pass upon under this Ordinance other than an appeal. Court Appeal: Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the City may present to a court of record as provided by law a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board. Writ of Certiorari: Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served, which shall not be less than ten days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the -84- 7.2 7.3 ARTICLE XXVIII Section 1 1.1 1.2 decision appealed from, but the court may, on application, on notice to the Board, and on due cause shown, grant a restraining order. Return of Certified Copies: The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as .may be called for by such writ. The returned copies shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be certified, If upon the hearing it shall appear to the court that testimony lS necessary for the proper disposition of the matter, the court shall take evidence, appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse, wholly or partly, or may modify the decision brought up for review. Cause shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with mal ice in making the decision appealed from. All issues in any proceeding under this Article XXVII shall have preference over all other civil actions and proceedings. As Acts 1961, 57th Leg., Pg. 687, Chap. 32, Para 1. Fees: (See Schedule of Fees). ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT Enforcement: Enforcement Officer: The provisions of this Ordinance shall be administered and enforced by the Building Official of the City of Schertz. Right to Enter: The Building Official or any duly authorized person shall have the right to enter upon any premises at any reasonable time prior to the completion of the buildings for the purpose of making inspections of building or -85- 1.3 Section 2 2.1 2.2 Section 3 premises necessary to carry out his duties ln the enforcement of this Ordinance. stop Orders: Whenever any building work is being done contrary to the prOV1Slons of this Ordinance, the Building Official may lssue a stop order to the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. Violation and Penalties: Any person, firm or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulations made thereunder, or who shall build in violation of any detailed statement of specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed the legal maximum. Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. But in case any person, firm or corporation violates any of the provisions of this Ordinance or fails to comply therewith, the City of Schertz, in addition to imposing the penal ties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business or use ln or about any land, and the definition of any violation of the terms of this Ordinance as a misdemeanor, shall not preclude the City of Schertz from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Provisions of Ordinance Declared to be Minimum Requirements: In their interpretation and application, the provisions of this Ordinance -86- Section 4 Section 5 ARTICLE XXIX shall be held to be minimum requirements adopted for the promotion of public health, safety, morals, and general welfare. Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirement that is more restrictive or that imposes higher standards as determined by the Building Inspector shall govern. Repeal of Conflicting Ordinances or Orders: Ordinance and all orders, ordinances or parts of ordinances in conflict with this Ordinance, specifically Ordinance No. 79-S-15, Ordinance No. 80-S-12, Ordinance No. 81-S-23, Ordinance No. 81-S-29, Ordinance No. 81-S-30, Ordinance No. 81-S-39, Ordinance No. 81-S-40, Ordinance No. 81-S-41, Ordinance No. 82-S-10, Ordinance No. 82-S-16, Ordinance No. 82-S-18, Ordinance No. 83-S-6, Ordinance No. 83-S-14, Ordinance No. 83-S-17, Ordinance 84-S-4, Ordinance No. 84-S-5, Ordinance No. 84-S-9, Ordinance 84-S-17, Ordinance No. 85-S-2, Ordinance No. 85-S-4, Ordinance No. 85-S-10, Ordinance No. 85-S-21, Ordinance No. 85-S-23, Ordinance No. 86-S-2, Ordinance No. 86-S-7, Ordinance No. 86-S-9, Ordinance No. 86-S-11, Ordinance No. 86-S-14, Ordinance No.86-S-17, and Ordinance No. 86-S-21, or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. Severability Clause: Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. EFFECTIVE DATE This code shall become effective from and after the date of it's approval and adoption as provided by law. -87- f'\ S S Ell , ;\ . D .. 1 C) H 7 , \1'1'f~()\T[)\NI) :\DOPTFD this the fitli day or \\)UI ,Hi cff(,(_'tiv(.~ datJ:' of January 6, J9(17. Janlld r-'/ ATTEST: t IJ ^L ~ -CVJklJ,,~_-- fl~t\ r0!dsc"".,.rzf T",,,.,, ',// )j~~p '~'t '- ----.,/ C.l ,~.:l.::_'l.c~tzirl-' (.1 t1- of S:...h.crt.z I /' (SLf_\L (: ::' CITY) I., - .. -88- APPENDIX A SCHEDULE OF USES PREDEVELOPMENT DISTRICT (PD) Unzoned - Specific Use Permit Required SINGLE FAMILY DWELLING DISTRICT (R-1) One Family Dwelling Detached Church* Day Nursery/Kindergarten* New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 Park/Playground/Similar Public Site Public Recreation Center* Schools* *Specific Use Permit Required SINGLE FAMILY DWELLING DISTRICT (R-2) One Family Dwelling Detached Church* Country Club* Day Nursery/Kindergarten* New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 Schools* *Specific Use Permit Required -89- SINGLE FAMILY DWELLING DISTRICT (R-6) One Family Dwelling Detached Church* Country Club* Day Nursery/Kindergarten* New and Unscheduled Uses as Provided for Under ARTICLE II, section 4 Park/Playground/Similar Public Site Public Recreation Center* Schools* *Specific Use Permit Required SINGLE FAMILY DWELLING MANUFACTURED HOUSING DISTRICT R-7 One Family Dwelling Detached Church* Country club* Day Nursery/Kindergarten* New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 Park/Playground/Similar Public Site Public Recreation Center* Schools* *Specific Use Permit Required TWO FAMILY DWELLING DISTRICT (R-3) One Family Dwelling Detached One Family Dwelling Attached (Town House) See Provisions Art. IX Two Family Dwelling Multi-Family Apartment Dwelling Boarding or Rooming House Church* Day Nursery/Kindergarten New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 Park/Playground/Similar Public Site Public Recreation * -90- TWO FAMILY DWELLING DISTRICT (R-3) (Cont'd.) Residence Home for Aged* Schools* Social and Recreational Building *Specific Use Permit Required APARTMENT /MULTI-FAMILY DWELLING DISTRICT (R-4) One Family Dwelling Detached One Family Dwelling Attached (Town House) gee Provisions Art IX Two Family Dwelling Multi-Family (Apartment Dwelling) GARDEN HOME DISTRICT (R-5) New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 SINGLE FAMILY RESIDENCE - AGRICULTURE DISTRICT (RA) (Ord. 87-S-16, June 16, 1989) Agricultural Animal Husbandry Agricultural Field Crops Accessory Building Residential* Cemeteries Dog Kennels Farm/Ranch Accessory Building* Fish Farms Fruit and Nut Orchards Golf Courses Mobile Homes (See Provision, ARTICLE XII, Section 2,3.1) Non-Commercial Farms (Hobby Farms) One-Family Dwelling Detached Parks Plant Husbandry Tree Nurseries Truck Farms *Specific Use Permit Required -91- MOBILE HOME DISTRICT New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 Park/Playground/Similar Public Site Public Recreation Center Social and Recreational Building OFFICE AND PROFESSIONAL Bank or Savings and Loan Office Barber and Beauty Shop Book and Stationery Store Cafeteria/Restaurant Cleaning/Laundry Pick-Up Station Clinic, Medical or Dental Commercial Parking Lot or Parking Garage* Day Nursery/Kindergarten Drug Store/Pharmacy Florist Shop Hospital Hotel or Motel* Key Shop Laboratory, Medical or Dental Library/Art Gallery/Museum Medical Appliances, Fittings and Sales New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 Optical Shop Personal Custom Services Such as Tailor/Milliner Related Print Shop Private Club Private Tennis club Professional Office Studio, Health Reducing or Similar Service Studio, Photographer, Artist, Music, Drama, Dance Tavern* Travel Bureau or Consultant *Specific Use Permit Required -92- NEIGHBORHOOD SERVICES Amusement, Commercial Indoor Animal Clinic or Pet Hospital (No Outside Pens) Antique Shop Appliance Sales/Repairs Art Supply Store Auto Parts Sales (In Building) Bakery/Confectionery Shop (Retail Sales) Bank or Savings and Loan Office Barber and Beauty Shop Book and Stationery Store Cafeteria/Restaurant/Drive-In Restaurant Camera Shop Car Wash Civic Cent.er Cleaning/Laundry Pick-Up Station Cleaning/Laundry Self-Service Shop Cleaning Shop/Laundry Clinic, Medical or Dental Convenience Store Day Nursery/Kindergarten Department Store/Discount House Drug Store/Pharmacy Florist Shop Furniture Appliance Store Garden Shop and Plant Sales Gasoline Service Station Grocery Store Hardware Store Heating/Air Conditioning (Retail) Hobby Shop Key Shop Library/Art Gallery/Museum Maintenance REpair Services Medical Appliance Fittings and Sales New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 Package Store Print Shop (Retail) Personal Custom Services Such as Tailor/Milliner Related Pet Shop - Small Animals, Birds, Fish Plumbing Shop (Retail) Print Shop Professional Office Residence Home for Aged Retail Shops, Apparel Accessories, Gifts and Similar Consumer Items -93- NEIGHBORHOOD SERVICES (Cont'd.) Shoe Repair Social and Recreational Building Studio, Decorator and Display of Art Objects Studio, Health Reducing or Similar Service Studio, Photographer, Artist, Music, Drama, Dance Swimming Pool (Private) Variety Store Video Sales and Rental GENERAL BUSINESS Airport, Heliport or Landing Field* Amusement, Commercial or Outdoor/Indoor Animal Clinic or Pet Hospital (No Outside Pens) Antique Shop Appliance Sales/Repair Art Supply Store Auto Laundry Auto Painting and Body Shop Auto Parts Sales (In Building) Auto Sales - New or Used Car Lot (open) Bakery/Confectionery Shop (Retail Sale) Bakery/ Wholesale Bank or Savings and Loan Office Barber and Beauty Shop Boarding or Rooming House Book and Stationery Store Building Material Sales Cabinet or Upholstery Shop Cafeteria/Restaurant/Drive-In Restaurant Camera Shop Car Wash Civic Center Cleaning/Laundry Pick-Up Station Cleaning/Laundry Self-Service Shop Cleaning Shop/Laundry, Commercial Clinic, Medical or Dental Commercial, Parking Lot or Parking Garage Convenience Store Country club Dance Hall/Night Club Day Nursery/Kindergarten Department Store/Discount House Drive-In Theater Drug Store/Pharmacy -94- GENERAL BUSINESS (Cont'd.) Fairgrounds Florist Shop Fraternity or Sorority Lodge or Civic Club Furniture Store Garden Shop and Plant Sales Gasoline Service Station Grocery Store Handicraft and Art Object Sales Hardware Store Heating/Air Conditioning (Retail) Hobby Shop Home for Alcoholic, Narcotic or Psychiatric Patients* Hospital Hotel or Motel Institution of Religious or Philanthropic Nature Key Shop Laboratory, Medical or Dental Laboratory, Scientific or Research Library/Art Gallery/Museum Maintenance and Repair Services Medical Appliance Fittings and Sales Mortuary New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 One Family Dwelling* Optical Shop Package Store Paint Shop (Retail) Pawn Shop Personal Custom Services such as Tailor/Milliner Related Pet Shop - Small Animals, Birds, Fish Plumbing Shop (Retail) Print Shop Private Club Private Tennis Swim Club Professional Office Public Recreation Center Radio or TV Transmitting Station -Commercial Radio, Television or Microwave Towers* Railroad/Bus Passenger Station Residence Home for Aged Retail Shops, Apparel Accessories, Gifts and Similar Consumer Items Seat Cover or Muffler Installation Shop -95- GENERAL BUSINESS (Cont'd.) Sexually Oriented Business (adult bookstore, adult motion picture theater, nude live entertainment club, video store, massage parlor, love parlor, adult arcade, nude model studio, escort agency and adul t motel). (When permitted by law and Article XXVII, Section 5, this Ordinance.) Shoe Repair Social and Recreational Building Storage Warehouse Studio, Decorator and Display of Art Objects Studio, Health Reducing or Similar Service Studio, Photographer, Artist, Music, Drama, Dance Swimming Pool (Private) Tavern Telephone Business Office Trade Commercial Schools Trailer and Mobile Home Sales or Rental Only Travel Bureau or Consultant Variety Store *Specific Use Permit Required MANUFACTURING DISTRICT (M-1) Accessory Building, Residential Airport, Heliport or Landing Field Agricultural Animal Husbandry* Agricultural Field Crops* Amusement, Commercial - Outdoor/Indoor Animal Clinic or Pet Hospital (No Outside Pens) Antique Shop Any Manufacturing Industrial Storage or Assembling Process Not Prohibited by Law (See Provisions ARTICLE XV, Section 1,2)* Art Supply Store Auto Laundry Auto Painting and Body Shop Auto Sales and Repair (In BuildingO Auto Sales/New or Used Car Lot (Open) Bakery/Confectionery Shop (Retail Sales) Bakery Wholesale Bank or Savings and Loan Office Barber and Beauty Shop Book and Stationery Store Building Material Sales -95- MANUFACTURING DISTRICT (M-1) (Cont'd.) Cabinet or Upholstery Shop Cafeteria Restaurant Camera Shop Civic Center Cleaning/Dyeing/Laundry Plant, Commercial Cleaning/Laundry Pick-Up Station Cleaning/Laundry Self-Service Shop Cleaning Shop/Laundry Clinic, Medical or Dental Clothing Manufacturing/Similar Light Manufacturing Process Commercial Parking Lot or Structure, Auto Contractors Storage/Equipment Yard Country Club Dance Hall/Night Club Department Store/Discount House Drag Strip* Drive-In Theater Drug Store/Pharmacy Fairgrounds Farm Accessory Building Farm, Ranch or Orchard* Florist Shop Furniture Appliance Store Garden Shop and Plant Sales Gasoline Service Station Grocery Store Handicraft and Art Object Sale Hardware store Heavy machinery Sale/Storage/Repair Hobby Shop Key Shop Laboratory, Manufacturing Laboratory, Medical or Dental Laboratory, Scientific or Research Letter/Mimeograph Shop Library/Art Gallery/Museum Lithographer/Print Shop Maintenance and Repair Service Medical Appliances, Fittings and Sales Milk Depot Dairy/Ice Cream Plant Mortuary New and Unscheduled Uses as Provided for Under ARTICLE II, Section 4 Off-Street Parking Incidental to Main Use Open Storage and Sale of Furniture Appliances and Machinery Optical Shop Package Store -97- MANUFACTURING DISTRICT (M-1) (Cont'd.) Paint Shop (Retail) Parking Lot/Truck Storage Park/Playground/Similar Public Site Pawn Shop Personal Custom Services Such as Tailor/Milliner Related Pet Shop - Small Animals, Birds, Fish Plumbing Shop (Retail) Private Club Private Tennis Swim Club Professional Office Public Recreation Center Radio or TV Transmitting Station - Commercial Radio, TV or Microwave Towers Railroad/Bus Passenger Station Railroad Team Track/Freight Depot Railroad Tracks and Right-of-Way Repair of Appliances, TV, Radios and Similar Equipment Retail Shops, Apparel Accessories, Gifts and Similar Consumer Items Sales and Service, New and Used Auto Accessories and Parts (In Building) Sales New Auto Parts (In Building) Seat Cover or Muffler Installation Shop Servant or Caretaker Quarters* Shoe Repair Social and Recreational Building Storage Warehouse Studio, Decorator and Display of Art Objects Studio, Health Reducing or Similar Service Studio, Photographer, Artist, Music, Drama, Dance Swimming Pool (Private)* Tavern Telephone Business Office Tire Retreading and Capping Trade Commercial Schools Trailer and Mobile Home Sales or Rental Only Transfer Storage and Baggage Terminal Travel Bureau or Consultant Variety Store Veterinarian Hospital or Kennel (Outside Pens) Veterinarian Office (No Animal Hospitals) Welding or Machine Shop Wrecking or Salvage Yard for Autos or Parts* *Specific Use Permit Required -98- MANUFACTURING DISTRICT (M-2) Specific Use Permit Required -99- APPENDIX B DEFINITIONS For the purpose of this Ordinance, certain words as used herein are defined as follows: Accessory Building or Use: which: An accessory building or use lS one a. Is subordinate to and serves a principal building or principal use; b. Is subordinate in area, extent, or purpose to the principal building or principal use served; c. Contributes to the comfort, convenience, and necessity of occupants of the principal building or principal use served; d. Is located on the same building lot as the principal building or principal use served. Accessory, when used in the test, shall have the same meaning as accessory use. An accessory building may be part of the principal building. Agricul ture: The planting, cultivating, harvesting and storage of grains, hay or plants, raising and feeding of animals and the ralslng of fruit, nuts, berries, and etc. (Ord. 87-S-16, June 16, 1987) Agriculture Use: production of field the production of following: The use of land for the growing and/or crops, livestock, and livestock products for lncome, including but not limited to the a. field crops, including: barley, soy beans, corn, hay, oats, rye, sorghum and sunflowers b.' livestock, including: dairy and beef cattle, horses, sheep, hogs, poultry, and other including dogs, ponies, rabbits and mink goats, animals c. livestock products, including: milk, butter, cheese, eggs, meat, fur and honey. (Ord. 87-S-16, June 16, 1989) -100- Alley: An alley is a public right-of-way which affords a secondary means of access to abutting property. Apartment: An apartment is a room or group apartment building used as a dwell ing for one which does it's cooking therein. of (1) rooms ln an family unit Apartment Building: A building or portion thereof used or intended to be used as a home for three (3) or more families or households 1 i ving independently of each other and equipped for preparation of food. Basement: A story (or portion of a story) partly below curb level, with at least one-half of it's height (measured from floor to ceil ing) below the curb level. The curb level nearest to a story (or portion of a story) shall be used to determine whether such story (or portion of a story) is a basement. Building Official: The officer or other designated charged with the administration and enforcement Ordinance, or his duly authorized representative. authority of this Boarding House: A building other than a hotel, motel, or an apartment hotel where, for compensation and prearrangement for a definite period, meals or lodging and meals are provided for three or more persons, but not exceeding twenty persons. Block: A tract of land bounded by streets or a combination of streets and public parks, or corporate boundaries of the City of Schertz. Board: The word Board shall mean the Board of Adjustment. Building: Any structure which: a. Is permanently affixed to the land; b. Has one or more floors and a roof; c. Is bounded by either open area or the lot lines. A building shall not include such structures as billboards, fences, or radio towers, or structures with interior surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or similar structures. -101- Building Detached: A building which lS surrounded by yards or open space on it's building lot. Building Area: The total square footage on a lot covered by a building measured on a horizontal plane at mean grade level. Building Envelope: The net cubic space that a structure on a site after building line, height, and bulk regulations are observed. remalns setback, for placing side yard, Building Height: The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roof. Building Line: A building limit fixed at from the front or side boundaries of a structure cannot lawfully extend. a specific lot beyond distance which a Building Plot: The land (lots, or tract of land) upon which a building or buildings are located, or upon which they are to be constructed, including yards and bounded by the property line. Buffer Zone: A strip of land created to separate and protect one type of land use from another. City: The City of Schertz, Texas. Clinic: An establishment of offices in which a group of physicians, dentists, or other practitioners of the healing arts, and allied professional assistants are associated for the purpose of diagnosing and treating ill or injured persons. A clinic may include a medical or dental laboratory, but may not include facilities for providing room or board for patients, nor may a clinic include offices or facilities for veterinarians. Cl ub or Lodge: An association of persons for the promotion of some non-prof it common objective, such as 1 i terature, science, politics, good fellowship and similar objectives which meets periodically and which is limited to members. Commercial Amusement: Any enterprise whose main purpose lS to provide for the general publ ic with an amusing or entertaining activity, where tickets are sold or fees collected at the gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, ferris wheels, childrens' rides, roller coasters, skating rinks, lce -102- rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises. Commercial Farm Ranch: A tract of unplatted land which is used for agricultural activities such as production of cash crops or livestock for the purpose of obtaining a profit in money. Includes agricultural dwelling and accessory buildings and structures necessary to the operation of the farm/ranch. (Ord. 87-S-16, June 16, 1989) Common Property: A parcel of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a Planned Unit. Commission: Texas. The Planning and Zoning Commission of Schertz, Comprehensive Master Plan: A legal document often in the form of a map and accompanying text adopted by the local legislative body. The plan is a compendium of it's general policies regarding the long-term development of it's jurisdiction. It is also called a "general plan" or "City Plan". Council: The City Council of Schertz, Texas. Court: An open, unoccupied space bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space. Convalescent Home: Any structure used or occupied by three (3) or more persons recovering from illness or receiving geriatric care for compensation. Corner Lot: A lot abutting upon two (2) or more streets at their intersection. District: Any section of the City of Schertz for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are in uniform. Dwelling: Any building or portion thereof which lS designed for or used for residential purposes. -103- Dwelling, Multi-Family: A building constructed for or occupied by three containing three or more dwelling units. or portion thereof or more families and Dwell ing, Single Family: A building designed for or occupied exclusively by one family. Dwelling, Duplex: A building exclusively by two families. designed for or occupied Dwelling Unit: A room or suite of two or more rooms designed or intended for use by an individual or family in which culinary and sanitary conveniences are provided for the exclusive use of such individual or family. Dormitory: Any structure specifically designed to house student tenants associated with a university, college or school. Family: A group of two or more persons related by marriage, or adoption residing together; this is the occupancy intended for "single-family residence" districts. blood, basic Filling, Retail Service Station: An establishment where gasoline, oil and grease, or automobile accessories are sold, supplied or dispensed to the motor vehicle trade or where motor vehicles receive limited repair, are equipped for service, or where electric storage batteries are charged and cared for, or a place where any two (2) or more such activities are carried on or conducted as the principal use of the establishment. Fraternity, Sorority, or Group Student occupied by and maintained exclusively for with an academic or vocational institution. House: students A building affiliated Frontage: All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead end of the street. Garage, Commercial: A commercial garage lS a premlse and structure used for housing more than five (5) motor vehicles or where any vehicles are repaired for operation or kept for remuneration, hire, or sale. Garage, storage by the Private: An accessory building designed or used for the of personally owned motor-driven vehicles owned and used occupants of the building to which it is necessary. Not -104- more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity. Garage, Public: A building private or storage garage, servlclng, repairing, hiring, vehicles. or portion thereof, other than a designed or used for equipping, selling, or storing motor-driven Garden Home: Is an individually owned single-family home, separated from it's neighbor by a minimum of ten (10) feet on a lot having a minimum of five thousand (5,000) square feet. Home Occupation: Any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which there there is used no sign other than a personal family name plate not more than one (1) square foot in area,or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes. Hospital, Sanitarium, Nursing or Convalescent Homes: A building or portion thereof, used or designed for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by said persons. Hotel: A building used or intended to be used as living quarters for transient guests, but not excluding permanent guests, and may include a cafe, drugstore, clothes pressing shop, barber shop or other service facilities for the guests for compensation. Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4) or more children at anyone time during part of a twenty-four (24) hour day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. Loading Space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet. -105- Lot: As used herein, a "lot" is the physical and undivided tract or parcel of land shown on the duly recorded plat. Lot Area: The area of a lot between lot lines, including any portion of an easement which may exist within such lot lines. Lot Corner: A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the points of the intersection of the side lot lines intersect at an interior angle of less than 135 degrees. Lot, Double Frontage: A lot having a frontage on two non- intersecting streets as distinguished from a corner lot. Lot, Interior: A building lot other than a corner lot. Lot of Record: A lot which is part of a subdivision, the map of which has been recorded in the office of the County Clerk of Guadalupe, or Bexar and/or Comal Counties or a parcel of land, the deed of which was recorder in the office of the County Clerk of Guadalupe, or Bexar and/or Comal Counties. Mobile Home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwell ing with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Mobile Home Development: A unified development of mobile homes placed on individually owned lots. Mobile Home Park: A unified development of mobile home spaces arranged on a tract of land under single person ownership, meeting all requirements of this Ordinance. Motel or Motor Hotel: A building or group of buildings including either separate units or a row of units which contain sleeping accommodations primarily for transient occupancy, and provide off-street parking space on the same building lot for use of it's occupants. Multiple Building Complex: on a building plot. More than one (1) principal building ~ -106- Non-Commercial Farm or Hobby Farm: An agricultural operation whose income is incidental to the total household income of the occupants who are usually commuter suburbanites. Products produced are for the consumption by the owner or which provide insignificant lncome. (Ord. 87-S-16, June 16, 1989) Nonconforming Use: The use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is situated and which was in existence prior to the effective date of this Ordinance. Occupancy: The use or intended use of the land or buildings by proprietors or tenants. Open Space: The part of the countryside which has not been developed and which is desirable for preservation in it's natural state for ecological, historical, or recreational purposes or in it's cultivated state to preserve agricultural, forest, or urban greenbelt areas. Parking Spaces: A surfaced area, enclosed or unenclosed, sufficient ln Slze to store one automobile, with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of an automobile. A parking space shall not occupy any public land. Permit: Is an official document or certificate issued authority having jurisdiction authorizing performance specified activity. by the of a Planned Unit: A land area which: 1. has individual building sites and common property such as a park, and 2. is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may be either publ ic or private. Planned Unit Development (PUD): A planned unit development is a development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development, and which includes streets, utilities, lots or building sites, and which indicates all -107- structures and their relationship to each other and to adjacent uses and improvements, as well as open spaces. A planned unit development may consist of dwelling units and detached, semi- detached, attached or multi-family structures or any combination thereof and may also include non-residential uses such as religious, cultural, recreational, commercial or industrial uses, compatibility and harmoniously incorporated into the unitary design of the planned unit development. Plot Plan: A plan showing the use of the .land, to include locations of buildings, drives, sidewalks, parking areas, drainage facilities and other structures to be constructed. Retail Food stores: fruits, vegetables, hardware, and other and/or consumption supermarket type). A retail establishment selling meats, bakery products, dairy products, light similar items which are purchased for use off the premises (may be drive-in or Rooming Houses: A group of rooms provided for compensation either in a converted single family home or in a structure specifically designed for such purpose. No cooking facil ities are provided in individual living units. Rooming and provided for Boarding House: Where both rooms and meals compensation for more than four (4) persons. are Setback Line: A 1 ine which marks the setback distance from the property line, and establishes the minimum required front, side and rear yard space of a building plat. Shopping Center: A composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit. Sign, Advertising: Poster panel, painted bulletins or other advertising devices which promote and advertise commodities or services not limited to being offered on the premises where such sign is located. Sign, Business: A graphic device which advertises only commodities or services offered on the premises where such slgn is located. Sign, Church and School: Name schools and churches located on thirty (30) square feet in area and revolving or similar lighted type. plates and bulletin board for premises, but not exceeding not a flashing, intermittent, -108- r Sign, Free-Standing: A free-standing sign supported by a single vertical support anchored or set in the ground, no exposed face of which exceeds sixty-four (64) square feet in surface area. Sign, Real Estate: rental of property twenty (20) square a use for which it Temporary signs pertaining to the sale or upon which they are located, not exceeding feet in area and advertising property only for is legally zoned. Storage Garage: A "storage garage" lS any premise and structure designed exclusively for the storage of automobiles. Story: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the spac~ between the floor and the ceiling next above it. Street: A public or private thoroughfare which affords the principal means of access to abutting property. Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street. Structure: Anything constructed or built, the requires permanent location on the ground or something having permanent location on the ground. use of which attachment to Structural Alterations: Any change of a supporting member of a structure such as bearing walls, columns, beams or girders. Town House: Is a row of single-family dwelling units which are attached by one or more common walls. Use: The purpose of activity for which the thereby is designed, arranged or intended I or occupied or maintained, and shall include performance of such acti vi ty with respect to standards of this Ordinance. land or building for which it is any manner of the performance Variety Store: A retail commercial establishment which supplies a variety of household goods, toys, light hardware items, candy, some clothing and other general merchandise. Variance: A legal deviation of a district zonlng regulation whose strict enforcement will result in undue hardship. Pecuniary hardship to the owner, standing alone, shall not be deemed to constitute undue hardship. -109- Wrecking or Salvage Yard: A place where waste, discarded or salvage materials are brought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and placed for storage of salvaged materials of house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, sale of used cars in operating condition, or salvaged materials incidental to a manufacturing operation. Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Yard, Front: A yard extending across the front of a lot between the side lot 1 ines, and being the minimum horizontal distance between the street or place line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered a parallel to the street upon which the lot has it's least dimension. Yard, Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. Yard, Side: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto. Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning engineering practices. -110-