07-27-2020 BOA Agenda with Associated DocumentsJuly 27, 2020
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
The Board of Adjustment will hold the ., Monday, July 27, 2020, at
the City Council Chambers. In lieu of attending the ti in ~s , residents will
have the O t ty to 7 t meeting via live stream the City's YouTube
1. CALL TO ORDER / ROLL CALL
3. HEARING OF RESIDENTS
Residents who choose 90 watch the meeting via dive streams, beet who would like to participate in Residents to be Heard,
should email their comments to the Planning Division, at pla nniny(q,�schertz,corax kv Ia 00p.ne on Monday, ,Belt, 27, 2020,
so that the Planning Division may read the public comments into the record under the hearing of°residents. In the bo ),, of
the entail please include your name, your address, phone number, agenda item number {f aapplicaable or sulrlect oj'
discussion, and your continents.
This time is set aside for any person who wishes to address the Board of Adjustment. Each person should fill out
the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes.
Discussion by the Board of any item not on the agenda shall be limited to statements of specie factual
information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a
proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of
the agenda, will call on those persons who have signed up to speak in the order they have registered.
4. CONSENT AGENDA:
A. Minutes for the October 28, 2019 Regular Meeting.
Board of Adjustment July 27, 2020 Page 1 of 2
5. PUBLIC HEARING:
The Board of Adjustment will hold a public hearing related to variance requests within this
agenda. The public hearing will be opened to receive a report from staff, the applicant, the
adjoining property owners affected by the applicant's request, and any other interested
persons. Upon completion, the public hearing will be closed. The Board will discuss and
consider the application, and may request additional information from staff or the applicant, if
required. After deliberation, the Board will act on the applicant's request.
A. BOA2020 -001 Consider and act upon a request for a variance to the Verde Enterprise Business
Park Planned Development District, Ordinance No. 07- S -14A, and the 1996 Unified
Development Code, Ordinance No. 96 -S -28, in order to permit increased maximum wall sign
letter /logo height, increased maximum wall sign area, and an increased number of wall signs for
two proposed signs, located at 17145 IH 35 N, City of Schertz, Guadalupe County, Texas.
rf �►, 0 [1111 ►C4111►411101 K
A. Announcements by Members
• City and community events attended and to be attended
• Continuing education events attended and to be attended
B. Announcements by City Staff
• City and community events attended and to be attended
• Continuing education events attended and to be attended
• Committee of Committees Advisory Board Meeting Summaries
CERTIFICATION
I, Emily Delgado, Senior Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the
official bulletin boards on this the 24th day of July, 2020 at 12:00 p.m., which is a place readily accessible to the public at all
times and that said notice was posted in accordance with chapter 551, Texas Government Code.
E�,n b e1!afxd
Emily Delgado, Senior Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Board of Adjustment was
removed from the official bulletin board on day of , 2020. title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.
If you require special assistance or have a request for sign interpretative services or other services please call 619 -1030 at
least 24 hours in advance of meeting.
The Board of Adjustment for the City of Schertz reserves the right to adjourn into executive session at any time during the
course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any
subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter
551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may
be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of
the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all
elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in
reliance on this opinion.
Board of Adjustment July 27, 2020 Page 2 of 2
•
TO: Board of Adjustment
PREPARED BY: Emily Delgado, Senior Planner
SUBJECT: Minutes for the October 28, 2019 Regular Meeting.
Attachments
October 28, 2019 Board of Adjustment Meeting Minutes- Draft
DRAFT
BOARD OF ADJUSTMENT MINUTES
October 28, 2019
The Schertz Board of Adjustment convened on October 28, 2019 at 6:30 p.m. at the
Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz,
Texas.
Present: Richard Dziewit, Chair; David Reynolds, Vice Chair; Reginna Agee, Board Member; Earl
Hartzog, Board Member; Frank McElroy, Board Member
Absent: Danielene Salas, Board Member; Ricky Haynes, Board Member
City Staff: Lesa Wood, Director of Planning & Community Development
Brian James, Assistant City Manager
Charles Kelm, Assistant City Manager
Gil Durant, Chief Building Official
Emily Delgado, Planner
Tiffany Danhof, Executive Assistant
Ronald Dalrymple, Plan Examiner
Debbie Krause, Permit Technician
1. CALL TO ORDER / ROLL CALL
Mr. Dziewit called the meeting to order at 6:30 P.M
2. SEAT ALTERNATE TO ACT IF REQUIRED
No Alternate seated.
3. HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the
Board of Adjustment. Each person should fill out the Speaker's
register prior to the meeting. Presentations should be limited to no
more than three (3) minutes. Discussion by the Board of any item not
on the agenda shall be limited to statements of specific factual
information given in response to any inquiry, a recitation of existing
policy in response to an inquiry, and /or a proposal to place the item
on a future agenda. The presiding officer, during the Hearing of
Residents portion of the agenda, will call on those persons who have
signed up to speak in the order they have registered.
There were no residents who spoke.
4. CONSENT AGENDA:
A. Minutes for the July 8, 2019 Regular Meeting.
There was no discussion.
Motioned by Board Member Earl Hartzog, seconded by Board
Member Frank McElroy to approve minutes for the July 8, 2019
regular meeting
Vote: 5 - 0 Passed
5. PUBLIC HEARING:
The Board of Adjustment will hold a public hearing related to variance
requests within this agenda. The public hearing will be opened to receive a report
from staff, the applicant, the adjoining property owners affected by the applicant's
request, and any other interested persons. Upon completion, the public hearing
will be closed. The Board will discuss and consider the application, and may
request additional information from staff or the applicant, if required. After
deliberation, the Board will act on the applicant's request.
A. BOA2019 -002 — A request for a variance to UDC Section 21.9.8.A
Fences and Screening in Residential Areas, in order to allow a fence
in the front yard that exceeds the maximum height allowable and is
constructed of opaque material, located at 4709 Shady Lane, City of
Schertz, Guadalupe County, Texas.
Mr. Dziewit opened the public hearing at 6:39 P.M.
Tom Clark- 3673 Diamond Falls
Tom Floyd- 3665 Diamond Falls
Mr. Dziewit closed the public hearing at 6:46 P.M.
There was a lengthy discussion.
Motioned by Board Member Frank McElroy, seconded by Board
Member Earl Hartzog to approve BOA2019 -002
Vote: 5 - 0 Passed
11i
ANNOUNCEMENTS:
A. Announcements by Members
9 City and community events attended and to be attended
*Continuing education events attended and to be attended
There were announcements by members.
B. Announcements by City Staff
9 City and community events attended and to be attended
*Continuing education events attended and to be attended
*Committee of Committees Advisory Board September 18, 2019
Meeting Summary
There were announcements by City Staff.
ADJOURNMENT OF THE REGULAR MEETING
Mr. Dziewit adjourned the regular meeting at 6:56 P.M.
Chairman, Board of Adjustment
Recording Secretary, City of Schertz
•
TO: Board of Adjustment
PREPARED BY: Nick Koplyay, Planner
CASE: BOA2020 -001
SUBJECT: BOA2020 -001 Consider and act upon a request for a variance to the Verde Enterprise
Business Park Planned Development District, Ordinance No. 07- S -14A, and the 1996
Unified Development Code, Ordinance No. 96 -S -28, in order to permit increased
maximum wall sign letter /logo height, increased maximum wall sign area, and an
increased number of wall signs for two proposed signs, located at 17145 IH 35 N, City
of Schertz, Guadalupe County, Texas.
GENERAL INFORMATION:
Owner: SATZ Candlewood, LLC
Applicant/Authorized Agent: Anchor Sign, Inc., Jill Hopkins
Date Application Type
June 22, 2020 Original Application
PUBLIC NOTICE:
The public hearing notice was published in the "San Antonio Express" on July 8, 2020. There were 7
notices mailed to surrounding property owners on July 10, 2020. At the time of this staff report, staff has
received one (1) response in favor of the variance request.
ITEM SUMMARY:
The subject property is an approximately 2 acre tract of land that is currently being developed as a
hotel (Candlewood Suites). The property is located within the Verde Enterprise Business Park Planned
Development District, which is regulated by design standards specific to the subdivision as well as the
1996 Unified Development Code as amended (Ord. 96- S -28).
The Verde Enterprise Business Park PDD states the following regarding signage relevant to the subject
property:
• All businesses shall be permitted one (1) wall sign
The 1996 Unified Development Code states the following regarding signage relevant to the subject
property:
• The maximum letter /logo height allowable varies based on the distance from the right -of -way:
• Less than 100 feet- Maximum allowable of 12 inches
• 101 -150 feet- Maximum allowable of 18 Inches
• 151 -200 feet- Maximum allowable of 24 inches
• 201 -250 feet- Maximum allowable of 30 inches
• The maximum area of a wall sign shall be no greater than fifteen (15) percent of the wall space or
eighty (80) square feet, whichever is less.
The applicant is proposing to install the following signs that do not meet the regulations outlined in the
Verde Enterprise Business Park PDD Development Standards, Ordinance No. 07-S 14A, and the 1996 .
Unified Development Code, Ordinance No. 96 -S -28:
• One 188.64 square foot wall sign on the southeast facade, identified as Sign A in the associated
documentation.
• One 61.18 square foot wall sign on the northeast facade, identified as Sign B in the associated
documentation.
According to the current Unified Development Code Sec. 21.11.9 Wall Signs, properties on IH -35 are
allowed a maximum of one sign per wall and a maximum of three wall signs per building. The primary
(largest) wall sign is permitted to be a maximum of 250 square feet or 15% of the facade, whichever is
less. Each sign in excess of the primary wall sign shall be a maximum of 75% of the area of the primary
wall sign.
The applicant is proposing to install a 188.64 square foot primary wall sign on the southeast facade of the
hotel, and another 61.18 square foot wall sign on the northeast facade of the hotel. The area of the
proposed primary wall sign is both less than 250 square feet and 15% of the facade, and the area of the
additional wall sign is less than 75% of the area of the primary wall sign; therefore, both of the proposed
signs meet the sign regulations outlined in UDC Sec. 21.11.9 Wall Signs.
Comparison Chart
SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING:
The property is located at 1.71.45 IH -35 and is currently utilized as a hotel.
Existing Zoning -Land Use
Planned Development District (PDD) Hotel
Adjacent Properties:
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According to Unified Development Code (UDC), Article 3, Section 21.3.4.B, in order to make a finding
of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the
following:
1. The requested variance does notviolate the intent of the UDC or its amendments;
Article IX of the 1996 UDC is intended to enhance property values, maintain aesthetic attractiveness,
promote commercial opportunity in the City, and to support and further the objectives of the City's
Comprehensive Land Plan. The variance does not violate the intent of the UDC because the proposed
wall signs are scaled appropriately for a building on a major interstate highway (I1-1-35), and they would
be permitted under the current UDC.
2. Special conditions of restricted area, topography or physical features exist that are peculiar to the
subject parcel of land and are not applicable to other parcels of land in the same zoning district;
Although the subject property is located within a Planned Development District that has very specific
criteria for sign standards and uses the 1996 UDC, the other properties within the Verde Enterprise
Business Park PDD are also held to these same standards. The subject property is also one of the
properties within the PDD that is Located along IIH -35, and the sign standards outlined in the PDD are
more restrictive than the current UDC standards for commercial properties located on I1-1-35. The
requested sign package would comply with the current UDC regulations, given their location.
3. The hardship is the result of the applicant's own actions; or
4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district that comply
with the same provisions.
Under the Verde Enterprise Business Park, this property is identified as having a base zoning district of
General Business District (GB). The City has updated the UDC sign standards since this PDD was
established, and under the current UDC regulations commercial properties zoned General Business
District (GB) located on IH -35 are all held to the same standards: one primary wall sign equal to or less
than 250 square feet or 15% of the fagade, whichever is less, and two other signs that are equal to or less
than 75% of the area od the primary sign. According to UDC Sec. 21.11.9 Wall Signs, the applicant is
requesting a sign package that meets the City's latest desired sign standards for properties along I1-1-35,
and therefore meets the overall intent of the UDC. Even though this property is in a PDD, the approval of
this variance would allow this property to exercise the same rights allowed on other properties zoned
General. Business District (GB) on I1-1-35.
STAFF ANALYSIS AND RECOMMENDATION:
Staff recommends approval of BOA 2020 -001. The requested variance complies with the criteria for
granting a variance as presented above.
* While the Commission can impose conditions; conditions should only be imposed to meet requirements
of the UDC.
Attachments
Aerial Map
Public Hearing Notice Map
Proposed Wall Sign Exhibits
Variance Checklist
Verde Enterprise Business Park PDD (Ord. 07- S -14A)
1996 Unified Development Code Article 9 - Sign Standards
Public Hearing Notice Response
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White LEDs for letters and Red LEDs for Logo
(1) 24-25 Power supply @ 0.3 amps
Total Amps: 1.4 LISTED
(1) 20 amp 120V Circuit Req. &
This sign istobo installed in accordance with
the requirements of Article O0Ouf the National
Electrical Code.
1) Grounded and bonded per NEC 600.7/NEC 250
2) Existing branch circuit in compliance with
NEC 600.5, not to exceed 20 amps
3) Sign is to be UL listed per NEC 600.3
4) UL disconnect switch per NEC 600.6- q edp
sign component before leaving manufacturer*
*For multiple signs, a disconnect is permitted but
not required for each section
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2. 0.040" Aluminum letter returns (Pre-finished black for letters and painted to match
Pantunm742OC Cherry Red 0 for logo)
1 1~Jewe|iðmoup (Pre- finished black for letters and painted to match
Pantone 7420 C Cherry Red N for logo) bonded to face, #8 pan head screws to returns
4� 3mmSignabond Lite composite backs fastened 10 returns w/1/2^18gauge
staples. Seal w/VOC compliant 36D white latex caulk (o prevent moisture
penetration. (interior ofsign can painted reflective white for maximum illumination)
5� White LEDs for letters and red LEDs for logo
8. 10^#7328 white acrylic faces for letters and 3/18^#2447 white acrylic
w/ first surface applied 3K83O30-171 Cherry Red E for logo
7� Disconnect switch UL Outdoor rated toggle type w/ neoprene boot per NEC 600-6
8. Primary electrical feed inUL conduit / customer supplied UL junction box
S. Transformers within ULenclosure (removable lid), 1/4^x 1^ min screws
10� Mounting Hardware: #12 Sheet Metal Screws
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Allowable Square Footage for this Elevaffon:�
Actual Square Footage of this Elevation:
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Right Elevation (Northeast)
Scale: 3/32" =1'-07
White LEDs for letters and Red LEDs for Logo
(1)24-10O Power Supply @1. 1ampe
(1)24-25 Power supply @U.3amps
(1) 20 amp 120V Circuit Req.
Total Amps: 1/4 LISTED ^���
This sign is to be installed in accordance with
the requirements of Article O0Ouf the National
Electrical Code.
1) Grounded and bonded per NEC 600.7/NEC 250
2) Existing branch circuit in compliance with
NEC 600.5, not to exceed 20 amps
3) Sign is to be UL listed per NEC 600.3
4) UL disconnect switch per NEC 600.6- q edp
sign component before leaving manufacturer*
*For multiple signs, a disconnect is permitted but
not required for each section
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1. Existing Facade: BFS/ Plywood /Wood
2. 0.040 Aluminum letter returns (Pm-finiahod black for letters and painted iomatch
Pantmne742UC Cherry Red E for logo)
3. 1 " Jewelite trimcap (Pre-finished b|ackfor|etteroandpaintedtomatch
Pantone 7420 C Cherry Red N for logo) bonded to face, #8 pan head screws to returns
4. 3mm8iQnmhond Lite composite backs fastened to returns w/1/2^18gauge
staples. Seal wyVDC compliant 30O white latex caulk 0o prevent moisture
penetration. (interior ofsign can painted reflective white for maximum illumination)
5. White LEDs for letters and red LEDs for logo
0� 10^#2447 white acrylic faces wy first surface applied blue dual color film
(3K8DNO000ON) for letters and 3/10''#2447 white acrylic w/ first surface applied
3M3O30'171 Cherry Red 0 for logo
7� Disconnect switch UL Outdoor rated toggle type w/ neoprene boot per NEC 600-6
& Primary electrical feed inUL conduit / customer supplied ULjunciionbox
9� Transformers within ULenclosure (removable lid), 1/4^x 1^ min nor*wo
10� Mounting Hardware: #12 Sheet Metal Screws
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Front-Lit (Remote) Scale: N.T.S.
CASE NUMBER BOA2020 -001
CITY OF SCHERTZ
VARIANCE CHECKLIST
APPLICATION COMPLETENESS REQUIREMENTS:
• Fees including breakdown of calculations on a separate sheet
• Development Application signed by owner and notarized
• This checklist (signed by applicant /representative)
X One (1) set of plans (11" x 8 1/2 ") prepared in accordance with the checklist
x One (1) compact disc of all exhibits /applications electronically scanned (pdf and jpg)
* *Do not leave any items unchecked **
16- Variance Checklist
Updated 10.2009
Page 1 of 2
4
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TECHNICAL REQUIREMENTS
1
A survey of the subject property showing property dimensions, building locations,
setback dimensions, and other applicable information.
2
Photos or additional information deemed appropriate for justification.
3
If homeowner's association is in effect, provide an affidavit from an authorized
representative of the association certifying that the association has approved the
requested variance.
4
Such other information as the City Planning Department or the Board of
Adjustment Members may require to determine full compliance with the UDC and
other applicable ordinances of the City.
5
Description of the requested variance and hardship.
6
justification for the requested variance.
7
Site Plan and elevation drawing of the proposed sign, dimensions, materials, colors,
caption of the proposed sign, and such other data (such as lighting) as are pertinent
to the application. Pictures and other back up documentation may be requested.
8
Provide the following information: type of proposed sign (monument, free - standing,
building, directory, etc.), dimensions of building face elevation (height and length),
square feet of each sign requested.
9
Show detail if illuminated, or add a statement indicating no illumination will be used.
10
Legend for abbreviations or symbols used.
16- Variance Checklist
Updated 10.2009
Page 1 of 2
CASE NUMBE
Board of Adjustment may grant variances or modifications of height, card, area, coverage, parking regulations, accessory-
building and non - conforming use subject to making a finding of hardship that the variance meets all four of the following
criteria. State how tour request meets these conditions.
(Description of variance request:
Requesting a variance to permit increased maximum wall sign letter /logo height, increased maximum wall sign area, and increased number of wall signs for two signs
that exceed the Verde Enterprise Business Park PDD regulations, but meet all current applicable Unified Development Regulations as of June 19, 2020.
Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right
commonly- enjoyed by other properties iii the same coning district that comply- with the same provisions?
Yes No
Explain: Proposed signage is is not overbearing or distracting and fails within the UDC's intent to protect the welfare of the community. Allowing for the variance
will allow the property to function as a commercial business. Proposed signage is not out of character for this highly traveled area adjacent to 1 -35 and will further
complement the character of this area.
2. Do special conditions or restricted area, shape, topography, or ph)•sical features exist that are irregular to the subject
parcel of Iand and not applicable to other parcels of land in the same zoning districts? ✓ Yes No
Explain: This property is adjacent to I -35 and will service out of town travelers using the highway. The property will not have a pylon sign visible directly from
the highway. As such we have proposed a side elevation sign, in addition to their main identification sign to provide more visibility for travelers. A larger main ID
sign and the additional wall sign will better serve the needs of traveler's without falling out of line with the character of the district.
3. Is the hardship the result of the applicant's own actions or intended for financial interests El Yes R No
fi;xplain: The existing restrictions of the Verde Enterprise Business Park PDD are too restrictive for the designated use of this property. The limits placed on
signage do not allow enough visibility for motorists, especially those unfamiliar with the area, from identifying the property.
4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity?
El Yes F2 No
Explasn: The variance does not exceed the current UDC governing areas outside of the Verde Enterprise Business Park PDD. The request does not ask for
signage beyond what is needed or that is out of character for other properties in the district. Granting this variance is in the best interest of the public welfare as well
as adjacent properties.
Preparer's Signature:
Printed Name: t-v
Lute prepared:
16- Variance Checklist
I i-d I,� 2,""'
Page 2 of 2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT, UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amended in the
following manner.
;13�Ml
"Rezoning 127.25±, 68.21±, and 14.25± acres being situated out of the Torribia Herrera Survey
No.68, Abstract No. 153, Guadalupe and Comal County, Schertz Texas, being more particularly
described in the Field Notes and Map, as attached hereto as Exhibit A, and made a part hereof,
from Manufacturing District-Light (M-I)and General Business District (GB) to Planned Unit
Development District (PUD), according to the guidelines set forth in Exhibit "B".
THAT, The Zoning District Map described and referred to in Article 111, of the UDC, Ordinance
96-S-28 shall be changed to reflect the above amendments.
ZCZC2006-021
THAT this Ordinance shall be effective from and after its final passage and any publication
required by the City of Schertz.
1-1.1
oil
Approved • first reading the 20th day of February, 2007.
1 Ili`
Mayor, City of Schertz, Texas
ENUMN
ZCZC2006-021
1 W.14 so I I I;
METES AND BOUNDS DESCnMON
FOR A
127M2 ACUTRACT OF LAND
Tlmntoc with said non tangent vzw to die d&ha" a mdfus of 17239 RA an h*'or angle of
330 01'36", an we length *f09.37 V4e% ma a chord bewing and disft=e ofS 140 13'(19" E 98-00 fbet to a
W iron pia with orange cap stmrqW IC & It PROP 001L" sot;
The S Or 24101" W aftsum of30.32 bd to a W kon pin vvith cromp cap auvVWwC & 0 PROP
COR."act at a point of cumtum of a cum to the left
Revised 5/11/2005
.
METES AND BOUNDS DESCRIPTION
FOR A
68.207 ACRE TRACT OF LAND
Being 68,247 acres of land out of the Torriblo Herrera Survey No. 68, Abstract No.
153, Comal County, Texas, and being those certain tracts described as a 27,741
acres in Volume 2078, Page 983 of the Deed Records of Guadalupe County, Texas,
and the remainder of an 87.58 acre tract of land as recorded on Volume 60, Page
546 of the Deed. Records of Carnal County, Texas, and sold 68,207 acre tract of land
being more particularly described as follows:
Beginning at a Texas Deportment of Transportation Type II monument found at the
Northerly cutback of Interstate Highway 35 and Lookout Road, and being a Southerly
corner of this herein described 68.207 acre tract of land,
Thence with the_ Northeasterly line of Lookout Road, N 30° 10' 34" W, passing a"
Iron pin with red cap stamped "VICKERY" found for the Southerly corner of a called
27.741 acre tract of land at 1730.29 feet, and continuing a total distance of
2996.54 feet to a Y2" Iron pin with - yellow cap stamped " KOLODZIE" found for the
Southerly corner of a called 14.100 acres In Volume 443, page 446 of the Deed
Records of Guadalupe County, Texas and Volume 188, - Page 686 of the Official
Records of Carnal County. Texas, and being the most Westerly corner of this herein
described 68.207 acre tract of land;
Thence deporting said lookout Road and with the Southeasterly line of said 14.100
acre tract of land, N 65' 14' 52" E a 'distance of 996.34 feet to a !�" Iron pin with
yellow cap stamped "KOLOD*21E" found In the Southwesterly line of a 234.13 acre tract
of land as described ;in deed recorded In Volume 768, Page 8001 and Volume 768,
Page 812 of the Official Records of Carnal County, Texas, and being the Easterly
corner of sold 14,100 acres, the most Northerly corner of this' herein described
68,207 acre tract of land,
Thence with the Southwesterly line of sold 234.13 acres, S 30' 05' 15" E, passing a
1h" Iron pin with red cap stamped "FISHER" found for the most Easterly corner of
said 27.741 acre tract of land, and continuing a total distance of 2974.83 feet to a
1h" Iron pin with orange cap stamped "C & B PROP COR," set in the Northwesterly
right —of --way line of interstate Highway 35,
Thence with said Northwesterly right —of --way line of Interstate Highway 35, the
following calls:
S 65` 16' 27" W a distance of 206.69 feet to 'a 1 square 'iron pin found for a
corner;
S 59` 55" 20" W a distance of 319.15 feet to a '" iron pin with red cap stamped
"VICKERY" found for a corner;
S 60' 04' 50" W a distance of 412.39 feat to a Texas Department of Transportation
Type it monument found at a cutback to Lookout Road;
and N 74' 55' 25 " W a distance of 71,02 feet; to the Place Of Beginning and
containing 68.207 acres of land.
METES ARD BOUNDS DESCRIPTIJ
FOR
14.254 ACRE TRACT O LAND
Being 14.254 acres of land out of the Torribfa Herrera Survey
No. 68, Abstract No. 153, Coma[ County, Texas, and being that
certain tract described as 14:100 acres in Volume 443, page
446 of the Deed Records of Guadalupe County, Texas and
Volume 188, Page 686 of the Official Records of Carnal County,
Texas, and said 14.254 acre tract of land being more
particularly described as follows:
Beginning at a %" iron pin found for the most Westerly corner
of a 234.13 acre tract of land as described in deed recorded in.
Volume 768, Page 800 and Volume 768, Page 812 of the
Official Records of Cornal County, Texas, and being In the
Southeasterly, line of a 38.753 acre tract of land called a Save
and Except tract as described In deed and recorded in Volume
768, Page 800 and Volume 768, Page 812 of the Official
Records of Carnal County, Texas, and being the most northerly
corner of this herein described 14.254 acre tract of land;
Thence with the Southwesterly line of said 234.13 acre tract,
S 30' 05' 15" E a distance of 671.22 feet to a V2" Iron pin
with yellow cap stamped "KOLODZIC" found for the most
Northerly corner of a called 27.741 acre tract of land as
recorded In Volume ,2078, Page 983 of the Deed Records of
Guadalupe County, Texas; .,and being the most Easterly corner of
this herein described 14,254 acre tract of land;
Thence departing the Southeasterly line of said 234.13 acre
tract of land, the Northerly corner of said 27.741 acre tract of
fond, S 65' 14' 52`° W, a distance of 996.34 feet to a ' Iron
pin with yellow cap stamped "KOLODZIE" found for (fie most
Westerly corner of sold 27,741 acre tract of land, the Northeast
line of Lookout road, and being the most'Southerly corner of
this herein described 14.254 acre tract of land,
Thence departing the Westerly corner of said 27.741 acre tract
of land, and with the Northeast line of Lookout road,
N 30' 10' 34 W, a distance of 580,12 feet to'a W' Iron pin
found for a Southerly corner of sold 38.753 acre tract of land,
and being the most Westerly corner of this herein described
14.254 acre tract of land;
Thence with the common line of sold 38.753 acre tract of land,
and this herein described 14,2.54 acre tract of land,
N 60' 00' 07" E a distance of 992.92 feet to the Place Of
Beginning and containing 14.254 acres of land.
February 8, 2007 Update
Enterprise Business Park PUD Standards
A. Commercial Area
That certain area designated as "Commercial Area" on Schedule I
attached hereto and made a part hereof for all purposes.
B. Facade
Any exterior wall of a building exposed to public view [79C (a)].
C. General Open Space
An outdoor or unenclosed area located on the ground or on a roof,
balcony, deck, porch or terrace, designed and accessible for
outdoor recreation, pedestrian access or landscaping, excluding
parking facilities and driveways [7.6A(a)].
D. Gross Floor Area (GFA)
The total area of the covered floor space measured between the
center line of party walls, including the thickness of external walls,
but excluding voids.
E. Industrial Area
That certain area designated as "Industrial Area" on Schedule 1.
F. Major Electric/Telephone/Transmission Lines
Any electric/telephone/transmission or other service line not
having a direct building service/feed and which runs from metal
poles [7.6C(i)].
G. Permitted Uses
All uses permitted by right within an "M -1" (Manufacture District
— Light) zoning district under the Unified Development Code
(Article IV, Section 5), and all uses permitted by right within a
"GB" (General Business District) zoning district under the UDC
(Article IV, Section 5), unless otherwise listed below under
"Prohibited Uses".
H. Prohibited Uses
The
following uses shall be prohibited on the property:
L.
Animal control facility;
2.
Flea market;
3.
Portable building sales;
4.
Recreational vehicle sales and service;
5.
Sexually Oriented Business;
6,
Trailer/Manufactured homes sales;
7.
Truck sales/heavy equipment;
139200.00002 109693 v1
8. Waste disposal facility (public);
9. Wrecking or salvage yard; and
10. Any use that emits noxious or hazardous odors.
I. Significant Natural Features
Unique natural features, the destruction of which would constitute
a significant loss for a larger community (local, state, national or
global), including, but not limited to, wetlands, creeks or rivers or
karst formations (limestone eaves) [7.6A(b)].
J. Tractor-Trailer An articulated truck consisting of a towing engine
and a semi-trailer (plus possible additional trailers) that carries
freight.
K. Typical Utility Mains/Service Lines
Water mains, sanitary sewer mains, electrical lines, telephone
lines, cable television lines, fiber optic lines or similar lines, and
storm drain pipes/box culverts other than Major
Electric/Telephone/Transmission Lines [7,6C(i)].
L. UDC
The City of Schertz Unified Development Code, which is
Ordinance No. 96-5 -28.
Note: Any corresponding existing UDC provision, proposed for amendment or
requiring additional specificity in the form of new definitions below, is referenced
in brackets.
Except as noted herein, the terms of the City of Schertz Planned Unit
Development (PUD) Ordinance 05-5 -50, which is Section 7 of the UDC,
shall apply. Unless other-wise specified herein, all future development on
the Property shall be governed by the terms of the UDC in effect of the
effective date of this zoning ordinance.
Fil. AMENDMENTS TO GENERAL DEVELOPMENT STANDARDS
139200.00002 109893 vi
February 8, 2007 Update
inventoried, except for those located within a proposed
building footprint [7.6A(e)].
4. All medians and drainage channels shall be maintained as
common areas by business park management [7.613(b)].
B. Screening and Buffering
Screening and buffering may be accomplished via landscaping,
trees (including existing trees), fences, walls, or any combination
thereof Fences and walls may be at heights desired by Developer,
but with a minimum height of six (6) feet [7.6C (e)].
C. Interconnectivitv
Vehicular interconnectivity shall be provided for all contiguous
buildings in the Commercial Area along the IH-35 frontage road
[7.6C(f)].
D. Screening of Trash Enclosures
All trash enclosures shall be screened from view utilizing
landscaping, trees, fences, walls, or any combination thereof, and
shall have a minimum height of six (6) feet [7.6C(g)].
E. Utilities
Typical Utility Mains/Service Lines shall be buried, except for
Major Electric/Telephone/Transmission Lines [7.6C(i)].
F. Stormwater
The project shall demonstrate that, as compared with the condition
that would have existed on the Property without development, no
phase of the PUD shall result in a net loss in storage capacity for
stormwater. The project must comply with Federal Emergency
Management Administration (FEMA) requirements, including the
Code of Federal Regulations (CFR) 44 [7.6CO)].
IV. AMENDMENTS TO COMMERCIAL AREA DEVELOPMENT
STANDARDS
A. Building HeiAt
Commercial building height shall be limited to a maximum of sixty
(60) feet [7.9A(a)].
B. Parking
One hundred percent (100 %) of parking spaces shall abut either a
landscaped separation or a sidewalk, except for service parking
areas behind the buildings [7.9A(g)].
139200.00002 109693 A
V. AMENDMENTS TO INDUSTRIAL AREA DEVELOPMENJ
STANDARDS
A. Building Height
Industrial building height shall be limited to a maximum of forty-
five (45) feet [7.101(a)].
C. Industrial Architectural and Silt Desi n
1. Awnings will be incorporated into the building designs
where commercially reasonable [7.1 OD(a) & 7, 1 013(b)].
2. Parking shall be permitted in the front of buildings
[7.1013(g)].
A. Per mitong .(Article IX, 5.11
1. Commercial Area
Permitting from the City of Schertz is required initially for
each sign in the Commercial Area, However, no permits
are required to relocate "For Sale" or "For Lease" signs in
the Commercial Area.
139200,00002 109693 vi
February 8, 2007 Update
Industrial Area
Permitting is not required for the installation of "For Sale"
or "For Lease" signs in the Industrial Area.
B. Number of Signs (General Provisions)
Except as noted herein, all businesses/tenants shall be permitted
two (2) exterior on-premise signs: one (1) wall sign and one (1)
free-standing sign. Additionally, if the fagade length of a building
exceeds five hundred (500) feet, two (2) monument signs shall be
permitted at a distance of at least four hundred (400) feet from
each other [Article IX, 7.3].
C. Maximum Heiuht (Monument Sins}
Project identification monument signs along Interstate 35 shall not
exceed a maximum of nine (9) feet in height. Monument signs
within the Commercial Area shall not exceed five (5) feet six (6)
inches in height. Monument signs in the Industrial Area shall not
exceed twelve (12) feet, four (4) inches in height [Article IX,
7.5C].
D. Maximum Square Footage (Monument Signs)
Monument signs along Interstate 35 shall not exceed two hundred
fifty (250) total square feet per sign side. Other monument signs
(i.e., not located along IH-35) shall not exceed one hundred eighty
(18 0) total square feet per sign side [Article LX, 7.51)].
E. Number of Signs (Industrial Area Monument Suns)
One (1) monument sign shall be permitted for each building in the
Industrial Area; provided, however, if the fagade length of a
building exceeds five hundred (500) feet, two (2) monument signs
shall be permitted at a distance of at least four hundred (400) feet
from each other [Article IX, 7.5E].
F. For Sale or Lease Signs (Real Estate Signs
There shall be a maximum of one (1) "For Sale" or "For Lease"
sign for each building fagade fronting a public or private street or
private driveway, unless the building fagade length exceeds five
hundred (500) feet, in which case two (2) "For Sale" or "For
Lease" signs shall be permitted, but no closer than within four
hundred (400) feet of each other [Article 1X, 7.13(3)].
G. Number of Signs (Multi- Tenant}
In addition to the signs otherwise permitted herein, multi-tenant
buildings shall be permitted to have a directory sign at each
intersection of a public or private street or private driveway
[Article IX, 8.913(1)].
139200.00002 109693 v1
H. Maximum Sp are Footage JMulti-Tenant
I
Tenant signs grouped in a directory arrangement shall not exceed
twenty four (24) square feet for each tenant sign [Article IX,
8.913(2)],
The following parking ratios shall be:
1. Commercial
Office: 3 spaces/1000 sf GFA; and
Retail: 4 spaces/1000 sf GFA;
2. Warehouse Buildings undgr 150,OQO sf
Office: 3 spaces/iOOO sf GFA; and
Warehouse: I space/5000 sf GFA;
4. Excess Tractor-Trailer Parking Ratios
Buildings containing 300,000 square feet of GFA or more
shall have a staging area requirement of one (1) trailer per
five (5) dock doors, with staging allowed against any
buildings that have no dock doors.
Commercial Area
In the Commercial Area, lighting shall be shielded to
reduce lighting of adjacent properties.
2. Industrial Area
In the Industrial Area, lighting shall be appropriate to
provide adequate security for the area.
139200.00002 109693 vi
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Abandoned or Obsolete Sign: A sign that no longer serves to direct attention to a business product,
service, or activity, which is no longer conducted upon the prernises.
I C-14 M tM I I VM 61 IA3 I I WIMPATA 11, 11
F II
Cijy Building Official-, The individual appointed by the City Manager, or their designated
representative charged with the enforcement of this Article.
Community Service Si= Any sign that solicits support for • advertises a non-profit community use
or activity, public use or activity, or social institution.
10-71111
A, Any sign where any portion of the finished material, surface or message area of the sign
visibly faded, flaked, broken off, missing, cracked, splintered, defective or is otherwWi
deteriorated or in a state of disrepair so as not to substantially appear as it was intended
designed to appear when originally constructed; or I
Page 2 of 21 approved 06-13-06
Ordinance # 06-5 -29
B. Any sign whose elements or the structural support or frame members are visibly bent,
broken, dented, torn, twisted, leaning or at angles other than those at which it was originally
erected.
Directional Sign: Any sign designed to provide direction to pedestrian and/or vehicular traffic.
Electric Sign: Any sign containing or using electrical power.
Electronic Sign: A variable message sign that utilizes computer-generated messages or some other
electronic means of changing copy. These signs include displays using incandescent lamps, LEDs,
LCI)s or a flipper matrix.
Flan: A piece of fabric or distinctive design that is used as a symbol or as a signaling device.
Freestanding Sign: A sign that is not attached to a building and which is self supporting.
Garage Sale Sign: (See Code of Ordinances Chapter 10).
Governmental Sign: Any sign indicating public facilities, work projects, services or other places,
programs, or activities conducted by the federal, state or any local government.
Identification Sign: A sign whose purpose is to identify:
A. Street Address Sign /Markus: Address signs are composed of a numeric address and street or
complex name. Street markers are signs adjacent to streets required by local government.
B. On-Premise Business Signs: Any sign which relates to the premises on which it is located,
referring exclusively to the name, location, product, person, accommodation, service, or
activity of those premises, or the sale, lease or construction of those premises.
C. Personal, or Professional Signs and Nameplates: Any sign that lists exclusively a name or
names (including family/farm name signs).
Illegal Sign: A sign erected without a required permit, without the property owner's permission, or
any sign not meeting the requirements established in this Article.
Limited Access Highways: Interstate Highway 35 and Interstate Highway 10.
Multi-Tenant Sigq: A sign that identifies the names and locations of tenants in a multi-tenant
building or in a development made up of a group of buildings.
Monument, Low Profile or Berm Sign: A permanent freestanding ground sign.
Non-Conforming Sign: A sign that was legally installed or modified in accordance with local laws,
ordinances and approvals in effect at the time of installation or last significant modification, but
which does not comply to laws or ordinances enacted subsequent to that time.
Off-Premise Sign: Any sign that relates to products, services, or activities not located on or offered
on the premises where the sign is located.
Page 3 of 21 approved 06-13-06
Ordinance # 06-S-29
On- Premise Sian Any sign relating to the premises on which it is located referring to names,
locations, products, services or activities on or offered on such premises, or the sale, lease, or
construction of such premises.
Pennant: Any long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or
other similar non-rigid material, which may be used to announce grand opemngs and/or special
events.
WWI
Portable or Mobile Sign: Any sign designed or constructed to be easily moved fi-om one location to
another or designed to be mounted upon a trailer, wheeled carrier, or other non-motonized mobile
structure. A poi table or mobile sign which has its wheels removed shall still be considered a portable
• mobile sign under this Article,
Prohibited Sian: Any sign that does not meet the requirements established in this chapter Article.
Realty Sign: A sign pertaining to the sale or lease of the premises, or a portion of the premises, on
which the sign is located.
0
Setback: The horizontal distance between a sign and the property line, as measured from the outer
most part of the sign, including its extremities and supports, nearest to any point on an imaginary
vertical plane projecting from the property line.
Shopping Center: Two (2) or more retail stores and/or service establishments, or one (1) or more
retail stores and one (1) or more service establishments sharing customer parking area and entrance
ways, regardless or whether said stores and/or establishments occupy the same or separate structures
or are under separate ownership,
Sign: A name, identification, description, display, or illustration which is affixed directly or
indirectly upon the exterior of a building or structure or upon a piece of land which directs attention
to an object, person, product, place, activity, service institution, or business.
Sign Area: The area of any sign shall be the sum of the area enclosed by the miminum imaginary
rectangles, triangles, or circles which fully contain all extremities of the sign, including the fi-ame, all
words, numbers, figures, devices, designs, or trademarks by which anything is made known, but
excluding any supports. To compute the allowable square footage of sign area, only one (1) side of a
double-face sim shall be considered,
Sign Height- The vertical distance between the highest part of a sign or its supporting structure,
.
whichever is higher, and the average established ground level beneath the sign.
Page 4 of 21 approved 06-13-06
Ordinance # 06-S-29
Subdivision or Neighborhood Si Any sign used to mark the entrance to a specific subdivision or
neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name
of the specific community and placed at the main entry to such community.
Unlimited Access Highway: State Farm to Market Roads 78, 482, 1103, 1518, 2252, 3009 and
Schertz Parkway.
Variance: Relief granted for an exceptional condition that poses a practical difficulty or particular
hardship in such a way as to prevent an owner from displaying a sign as required by this Article.
Such practical difficulty or hardship must be clearly exhibited and must be a result of an external
influence and not be self-imposed.
Visibility Triangle: The triangular sight area from the comer of converging streets to a distance of
twenty-five feet (25') along each street with the triangle completed by drawing a line through the
property from both twenty-five foot (25) points on the converging streets.
Wall Sign : Any sign painted on, attached to or projected from the wall surface of a building (whether
permanent or portable), including window signs and signs on awnings and/or marquees.
lX3.1 General Where there is a conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable.
A. Other Laws: The provisions of this Article shall not be deemed to nullify any other
provisions of federal or, state law.
B. Partial liwalidity: In the event any part or provision of this Article is held to be illegal or
void, this shall not have the effect of making void or illegal any of the other parts or
provisions.
C. Existitig Signs: All signs legally in existence on the date of the adoption of this Article shall
be permitted to continue without change.
SECTION - 4 ADMINISTRATION
IX.4.1 General: The Building Official is hereby authorized and directed to enforce the provisions of
this Article and other laws and ordinances applicable thereto. The Building Official shall have the
authority to render interpretations of this Article and other laws and ordinances applicable thereto,
and to adopt policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of this
Article and shall not have the effect of waiving requirements specifically provided for herein.
IXA.2 Applications: The Building Official shall receive applications, review plans and
documentation and issue permits for the erection, installation, enlargement, alteration, and repair of
all signs within the City of Schertz and its ETJ.
Page 5 of 21 approved 06-13-06
Ordinance # 06-S-29
IXA3 InVection: The Building Official or designated representative shall make all inspections
necessary to ensure compliance with all state and local requirements governing signage.
lXA4 Notices and Orders: The Building Official shall issue all necessary citations, notices or orders
• ensure compliance with this Article.
lXA6 Department Records: The Building Official shall keep official records of applications
received, permits issued, fees collected, reports of inspections, and citations, notices and orders
issued. Such records shall be retained in the official records for the period required by the State of
Texas for the retention of public records,
njl� ore 1 510 111111 ,
1111 L — I 1 11 IN 010 1 DKI-
A. Electrical Pertnit: No person shall install and connect electrical systems for a sign within the
City of Schertz or its ETJ without first obtaining a electrical permit to do so from the
Building Official, except as hereinafter provided, The Building Official shall issue no
electrical permit for a sign until after the principal sign permit for such work has been issued.
Page 6 of 21 approved 06-13-06
Ordinance # 06-S-29
B. Work Exempt From a Permit: Exemption fi-om the permit requirements of this Article shall
not be deemed to grant authorization for any work to be done in any manner in violation of
the provisions of this Article or any other laws or ordinances of the City of Schettz.
1) Goi,ernmental Sign - Any sign:
a. Erected or maintained pursuant to and in discharge of government functions;
b. Required by law, ordinance or City regulation; or
c. Located on property owned, leased or under the control of the federal or state
government,
2) Political Sign: Any political sign that meets all applicable state requirements.
3) Railway Sign: Any sign within the railway right-of-way placed and maintained in
reference to the operation of such railway.
4) Utility Sign: Any sign marking utility or underground communications or
transmission lines,
5) Vehicle Sign: Any sign displayed or used upon motorized vehicles.
6) Holiday Sign: Any temporary sign containing only holiday messages and no
commercial advertising.
7) Plaques: Any commemorative sign of a recognized historical society or organization.
8) Private Traffic Control Sign: Any on-premise sign that directs the movement of
traffic on private property or warns of obstacles, overhead clearances, or controls
parking, including, but not limited to, entrance and exits signs. The sign must be less
than ten (10) square feet in effective area, less than six (6) feet in height, and be
placed where it will not interfere with the safe movement of vehicles or pedestrians.
9) Electrical Repairs and Maintenance: An electrical permit shall not be required for
minor repair work to any sign, including the replacement of lamps or the connection
of approved portable electrical equipment to approve permanently installed
receptacles.
IX.52 Application: The following information shall be required for each application for a permit:
A. Completed building pen-nit application obtained from the Inspection Department.
B. A site plan which includes:
1) Location of all buildings, structures or tracts to which or upon which the sign is to be
attached or erected.
2) Position of the sign in relation to rights-of-way, easements, buildings or structures and
other existing signs.
Page 7 of 21 approved 06-13-06
Ordinance # 06-5 -29
C. Plans that illustrate height, length, width and all other dimensions associated with the sign.
Plans shall include all electrical elements of the sign,
D. Letter or copy of a contract signed by the owner of the property stating that the applicant has
permission to erect such sign.
IX.5.3 Fees: All fees for a sign permit shall be in accordance with the current fee schedule adopted
by City Council.
A. A permit shall not be valid until such fee has been paid. An amendment to a permit shall ni
• released until the additional fees, if any, have been paid.
B. Where work for which a perinit is required by this Article has been started prior to obtainirni
a permit, the fees established by City Council shall be doubled. Payment • such double fe
shall not relieve any person(s) fi-om any other penalties prescribed by this Article • any oth
law or ordinance applicable thereto. I
IX.5.5 Time Limitation of Application: An application for a permit for any proposed work for which
a permits has not been issued shall be deemed abandoned six (6) months after the date of filing. The
Building Official may, in his discretion, grant one or more extensions for additional time not
exceeding ninety (90) days each. The extension shall be requested in writing and justifiable cause
demonstrated.
IX.5.7 Suspension or Revocation: The Building Official is authorized to suspend or revoke a permit
issued under this Article whenever the permit is issued in error or on the basis of incorrect, inaccurate
or incomplete information, or in violation of this Article or any other laws or ordinances applicable
thereto.
Page 8 of 21 approved 06-13-06
Ordinance # 06-5 -29
IX.5.8 Public Right-of-way, Alleys and Easements: A permit shall not be given by the Building
Official for the placement of a sign that will encroach upon any public right-of-way, alley or utility
or drainage easement.
IX.5,9 Placement of Permit: The permit or copy thereof shall be kept on the site until the work
permitted in completed.
IX.5.10 Temporary Signs: The Building Official is authorized to issue a permit for temporary signs.
Such permit shall be limited as to time of service, but shall not be permitted for more than forty-five
(45) days, and shall not exceed four (4) permits per calendar year. The Building Official is authorized
to grant extensions for demonstrated cause, Temporary signs shall conform to all the requirements of
this Article and other applicable laws and ordinances, The Building Official is authorized to
terminate any permit for a temporary sign, if the sign is determined abandoned or in violation of this
Article or other applicable laws or ordinances.
IX.5.11 Appeal: An individual who has been denied permit or had a permit revoked may appeal in
writing along with the established filling fee to the Board of Adjustment within ten (10) days after
the date of denial or revocation.
IX.6.1 Maintenance of Suns Every sign shall be maintained in good structural condition at all times.
All signs shall be kept neatly painted including all metal parts and supports that are not galvanized or
of rust resistant material. On undeveloped parcels of land, the area between any sign and the street or
highway to which the sign is oriented and the area within twenty-five (25') feet of such sign must be
kept fi -ee and clear of debris, trash, and weeds or other refuse.
IX6,2 Damaged Signs: which are determined by the Inspection Department to be a public hazard or
in a state of disrepair shall be repaired or removed within ten (10) days of written notification to the
property owner by the Building Official.
IX.6.3 Abandoned Signs: Signs which are determined by the Inspection Department to be abandoned
shall be removed or otherwise painted over and neutralized within thirty (30) days of written
notification to the property owner by the Building Official.
IX.6.4 Extensions: The Building Official shall have the authority, but not the obligation, to grant
extensions as necessary to resolve a damaged or abandoned sign. The extension shall be requested in
writing and justifiable cause demonstrated.
IX.6.5 SigLis in Right-of-way and/or Public Property: Any sign that is erected, constructed or
otherwise located within or upon public right-of-way or on public property may be removed by City
personnel and disposed of immediately. The City is not required to notify the owner of the sign of its
removal and disposal.
IX.6.6 Illegally Erected TemporaLy—Si w. Any temporary sign that is erected, constructed or
otherwise displayed, without a permit or in direct violation of this Article may be removed by City
personnel and disposed of immediately, The City is not required to notify the owner of the sign of its
removal and disposal.
Page 9 of 21 approved 06-13-06
Ordinance # 06-5 -29
written notification by the Building Official.
IX.6.8 Filing of Liens Against Prongqt,5L The City is authorized to file a lien against any property
which is not otherwise exempt to recover expenses incurred by the City for the removal of a sign or
portion of a sign.
IX.6.9 Appeal: Any decision rendered by the Building Official or other City personnel in th+
enforcement of this Article may be appealed to the Board of Adjustment by any person, agent, or
representative affected • such decision. Such appeal must be in writing and received within ten (10)
days
• a decision rendered along with the established fee,
IXT I Wind and Dead Load Requirements: All signs shall be designed and constructed to withstand
a wind load of not less than thirty-two (32) pounds per square foot of area and shall be constructed to
receive dead loads as required by building codes adopted by the City of Scheitz. The sign application
must include a statement signed by the applicant that states compliance with this requirement.
IX,7.2 Location of Business/Residential: All business and residential locations shall be identified by
an address, which is clearly visible from the street.
IX.7.3 Number of Signs: All businesses shall be authorized two (2) exterior on-premise signs
V
peitaining to the primary occupancy, products or service of a buildinR or structure: one (1) sign
located on the building and one (1) freestanding sign.
Exception: Lots that front two (2) intersecting streets may be allowed four (4) signs
pertaining to the primary occupancy, products or service of a building or structure: two (2)
signs located on different elevations of the building and two (2) freestanding signs, one (1)
freestanding sign facing each thoroughfare.
IX.7.4 Wall Sign:
A. General: Unless otherwise specifically provided, the regulations set forth in this subsection
shall be applicable to all wall signs. Wall signs may not be attached to light fixtures, poles, or
trees. The direct painting of wall signs on buildings shall be prohibited except for wall signs
less than three (3) square feet in area used for building identification,
B. MininnunlMiximum LetterlLogo Height: The minimum height allowed for letters on a wall
I
sign shall be six (6") inches. The maximum height allowed for letters • logos shall be based
• the following criteria:
Page 10 of 21 approved 06-13-06
Ordinance 9 06-5 -29
Less than 100 ft.
30 inches
Page 10 of 21 approved 06-13-06
Ordinance 9 06-5 -29
251-300 ft,
36 inches
301 ft. and greater
42 inches
C. Maximum Area: The maximum area of a wall sign shall be no greater than fifteen (15)
percent of the wall space or eighty (80) square feet, which ever is less.
D. Roofline Limitations: In no case shall a wall sign project above the roofline of any building
nor extend above the parapet wall if attached thereto. Wall signs shall be no closer vertically
to the eave of the roofline or overhang than the predominant letter height. Wall signs may be
attached to a continuous plane fascia if the sign does not extend above or below the
projection of the fascia. Signs attached to fascia are only allowed when attached to structural
canopy supported to the ground by columns constructed of similar masonry material as the
primary structure.
E. Illumination: Wall signs may be illuminated utilizing only internal lighting. Exterior letters
with exposed neon lighting are not allowed,
F. Protrusions: Wall signs may not protrude farther than eighteen (18") inches fi-om the
building, excluding signs attached to canopies.
G. Adjacent Residential: Wall signs shall not be located on any facade (other than the main front
of the building) which faces property zoned for single-family residential uses if the sign is
within one hundred and fifty (150') feet of the property line of said residential property.
H. Multi-tenant Wall Signs: Only one (1) wall sign per lease space shall be allowed along each
street frontage on any site unless otherwise specifically provided for in this Article. A
secondary wall sign may be permitted at a public entrance provided the entrance is on
another side of the building but shall be limited to twenty-five (25) percent of the primary or
permitted wall sign size. No more than two (2) wall signs shall be allowed per lease space.
Wall signs shall be located within the first story of the main exterior entrance for a building
or lease space.
IX.7.5. Monument Sip:
A. General: Unless otherwise specifically provided, the regulations set forth in this subsection
shall be applicable to all monument signs that are allowed under this Article.
B. Minimum LetterlLogo Height: The minimum height allowed for letters on monument signs
shall be six (6") inches.
C. Maximum Height: The maximum height of a monument sign shall be four (4') feet,
excluding monument base and sign structure. The monument base may be an additional
eighteen (18") inches in height measured from ground level at the center of the base to the
top of the base. The sign structure shall not exceed five feet six inches (5' 6") in overall
height.
Page 11 of 21 approved 06-13-06
Ordinance # 06-S-29
D. MaximainArea: The maximum area of a monument sign shall not exceed one hundred (100)
square feet with a maximum area per sign face of fifty (50) square feet,
E. Number of Signs: Only one (1) monument sign, excluding menu board signs, shall be allowed
along each street frontage on any site unless otherwise specifically provided in this Article.
F. Mini nnan Setback: The minimum setback of all monument signs shall be fifteen (15) feet
fi-orn any property line.
H. 111innination: Monument signs may only be illuminated utilizing internal lighting for sculpted
aluminum panels or a ground lighting source where the light itself and supporting sign
structure are not visible from public right-of-way.
• - I -
A. General: Unless otherwise specifically provided, the regulations set forth in this subsection
shall be applicable to all fi-eestanding ground signs.
B. Minitnuni, Setback: The minimum setback of all freestanding ground signs shall be fifteen
(15) feet fi-om any property line.
C. Maxinuan Height: The maximum height of a freestanding ground sign shall not exceed the
following:
Areas with limited access
50 ft.
Areas with unlimited access
40 ft,
All other streets
20 ft.
Exception: Areas along FM3009 and Schertz Parkway within an overlay district shall not
exceed eighteen (18') feet in height.
D. Maximitin Area Freestanding ground signs shall not exceed the following.
Areas with limited access
250 sq. ft.
Areas with unlimited access
100 sq. ft.
All other streets
32 sq. ft,
Exception: Areas along FM 3009 and Schertz Parkway within an overlay district shall not
exceed ninety (90) square feet.
Page 12 of 21 approved 06-13-06
Ordinance # 06-S-29
E. Number of Signs: No more than one (1) freestanding sign is permitted per site, except lots
that fi-ont two (2) intersecting streets may be allowed two (2) freestanding signs. With one (1)
sign located on each thoroughfare,
Exception: No more than one (1) freestanding multi-tenant sign is permitted for a shopping
center. One (1) additional freestanding sign may be permitted for an anchor business with
fifty thousand (50,000) square feet or more of building space within a shopping center. All
tenants signs within a freestanding multi-tenant sign shall contain the same number of square
feet.
IX.7.7 Subdivision Entry Signs:
A. Maximum Height: Wall mounted subdivision entry signs may not project above the top of a
wall.
B. Maximum Area: The maximum area of a wall mounted subdivision entry sign shall not
exceed thirty-two (32) square feet.
C. Maxiinnin Number of Signs: No more than one (1) monument sign or two (2) attached wall
signs (not in combination thereof) may be permitted per street entrance.
D. Placeinent of Sign: A monument sign may be located on a median at the street entrance if
approved by the Public Works Director.
IX.7.8 Bulletin Board Sigas
A. Maximum Height: The maximum height of a bulletin board sign shall not exceed six (6') feet.
B. Maximum Area: The maximum area of a bulletin board sign shall not exceed eighteen (18)
square feet.
C. Maxinnun Nuinber of Signs: No more than one (1) bulletin board sign per commercial site or
one (1) per subdivision entrance, not to exceed two (2) per subdivision is permitted.
IX.7.9 Price-Pe• -Gallon Display:
A. General: All price-per-gallon displays must be an integral part of the general permitted sign
for the site. Displays, whether electronic or manual, may not scroll, flash, or change more
than once a day.
B. Minimum Letter Height: The minimum height allowed for price-per-gallon display signs
shall be six (6") inches for the fuel classification (i.e. "unleaded" "diesel", etc.).
C. Maximum Area: Price-per-gallon displays may not exceed two-thirds (2/3) of the permitted
gross surface area per face of the general permitted sign.
D. Number of Signs: Only one (1) price-per-gallon sign is permitted per site.
Page 13 of 21 approved 06-13-06
Ordinance # 06-5 -29
U ta V to a Do MUM W_F_ 1 ' f!�
E. Iffinninatiou: Only internal illumination may be utilized for fuel classification and price-per-
gallon signs.
IX 7. 10 Directional SiMs:
A. Maximum Height: The maximum height of a directional sign shall not exceed three (3') feet.
B. Maximum Area: The maximum area of a directional sign shall not exceed eight (8) square
feet.
C. Number of Sighs: Maximum of two (2) directional signs are permitted per site.
IX.7.11 Banners: Banners may only be permitted for special events or grand openings. The
maximum area
• a banner shall not exceed 0.5 square feet for every one (1) foot of width of a
building wall or lease space not to exceed fifty (50) square feet. Banner permits shall not exceed 45
days each, and shall not exceed four (4) permits per calendar year.
IX.7.12 Development Signs.
A. Permitted Sigh Structure: Development signs shall be a temporary freestanding ground sign.
B. Maximum Area: Development signs shall not exceed sixty-four (64) square feet maximum,
thirty-two (32) square feet per sign face.
C. Maximum Height: Development signs shall not exceed five (5') feet in height.
D. Number of Sighs: Each development is permitted no more than one (1) sign per commercial
development, or one (1) sign per entry of a residential subdivision not to exceed two (2)
signs.
IX.7,13 Real Estate Sims:
1) Maximum Height: The maximum height for commercial real estate signs shall not
exceed five (5') feet for freestanding ground signs and must be below the roof line for
wall signs.
2) Maximum Area: The maximum area of a commercial real estate sign shall not exceed
sixty-four (64) square feet, thirty-two (32) square feet per sign face. Residential real
estate signs shall not exceed four (4) square feet in size.
3) Maximum Number of Sighs: Only one real estate sip is perinitted per site.
Page 14 of 21 approved 06-13-06
Ordinance # 06-S-29
IX.7.14 Prohibited Signs:
A. Obscene Signs: No person shall erect or display on any site a sign in which the dominant
therne of material taken as a whole appeals to a prurient interest in sex, or is patently
offensive because it affronts community standards relating to the description or
representation of sexual matters, or is utterly without redeeming social value.
B. Obstructing Doors, Windows or Fire Escapes: No person shall erect or display on any site
any sign that prevents free ingress to or egress from any door, window or fire escape.
C. Obstructing VisionlSight Triangle: No person shall erect or display on any site any sign in
such a manner as to obstruct free and clear vision of moving vehicles at any location, street
intersection, or driveway. All signs placed at any intersection shall prevent such problem by
observing a visibility triangle (see definition of visibility triangle).
D. Interference With Traffic: No person shall erect or display on any site any sign which
interferes with vehicular or pedestrian traffic as a result of the position, size, shape,
movement, color, fashion, manner, or intensity of illumination, or any other characteristics
causing such interference. Nor shall any person erect or allow to be displayed any sign in
such a manner as to interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal, or device, including, signs making use of the words "stop", "go ", 44 look",
"slow", "danger", or any other similar word, phrase, symbol or character, or employ any red,
yellow, green, or other colored lamp or light in such a manner as to cause confusion or
otherwise interfere with vehicular or pedestrian traffic.
E. Illuminated Signs: No sign shall be illuminated to such intensity or in such a manner as to
cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic. No
lighted sign shall be erected or displayed within one hundred and fifty (150') feet of a single-
family residential zoned property unless the lighting is shielded from view.
F. Over Public Property or Public Right-of-Way: It shall be prohibited to erect or display any
type of sign on or over public right-of-way or other public property, unless the same be
erected by the city, county, state or other authorized governmental agency, or with the
permission of the City, for public purposes.
G. Signs on Utility Poles: No person shall erect or display any sign on any utility pole located
upon any public right-of-way or utility easement.
H. Private Property: No sign shall be located on private property without the consent of the
owner of the premises, to including signs located on trees, light poles or mail boxes.
I. Dilapidated Signs: No signs are permitted which is deteriorated, dilapidated or in danger of
falling or otherwise unsafe.
J. Signs In Violation: No signs are permitted that does not comply with any applicable
provisions of the building code, electrical code or other applicable ordinances of the City of
Schertz.
Page 15 of 21 approved 06-13-06
Ordinance #'06 -S -29
K. Hoine Occupation Signs, No exterior home occupation signs shall be permitted unless
specifically authorized in another section of this Article.
L. Noii-Motorized or Portable Sigiis: No trailer type, non-motorized signs using wheels and
axles, as the primary support shall be permitted.
M. Off Premise Signs: Except as set forth elsewhere in this Article, all off premise signs not
legally existing on the effective date of this Article are prohibited,
Exceptions: The following off-premise signs which otherwise meet the applicable
requirements of this Article are permitted:
N. Other Signs: Except as set forth elsewhere in this Article, bench signs, bandit signs, and
balloons are prohibited within the City of Scheitz and its ETJ,
A. Gelieral: A sign, including its supporting structure, shall • considered nonconforming when
it does not conform to all or part of the provisions of this Article and
1) Was in existence and lawfully located prior to the adoption of this Article; or
2) Was in existence and lawfully located and used in accordance with the provisions of
the prior ordinance applicable thereto or which was considered legally
nonconforming there under and has since been in continuous or regular use; or
3) Was inexistence, located and used on the premises at the time it was annexed into the
city and has since been in continuous or regular and continuous use; or
4) Was in existence and lawfully located and used as an off-premise sign prior to the
adoption of this Article.
B. Registration: On September 1, 2006, it shall be unlawful for any person to maintain any
nonconforming or off-premise sign within the corporate limits of the City of Schertz or its
ETJ without having a valid registration number affixed thereto as required in this section as
follows:
Page 16 of 21 approved 06-13-06
Ordinance # 06-S-29
C. Application: To register a nonconforming sign or off-premise sign, application shall be made
to the Building Official on forms provided for that purpose. The application shall be
accompanied by the payment of the established fees and shall contain the name and address
of the owner of the sign, the exact location of the sign, the date of placement, and any other
information reasonably required by the Building Official.
D. Issuance of Registration Number: If the Building Official determines that the nonconforming
or off-premise sign is a lawfully nonconforming or off-premise sign, he shall issue a
registration number to the applicant. The owner of the sign shall cause the registration
number to be affixed in a conspicuous place on the registered nonconforming or off-premise
sign.
E. Removal or Destroyed Signs: Any owner who removes or causes the removal of any validly
registered nonconforming or off-premise sign fi-om any premises shall, within ten (10)
business days of its removal, report the removal to the Building Official.
F. Invalidation of Registration: The Building Official shall invalidate any registration for a
nonconforming or off-premises sign when:
1) It is removed from the premises for any reason;
a) It has been damaged or destroyed so as to lose its nonconforming sign
status as provided in this Article;
b) It has become an abandoned sign.
SECTION - 9 LICENSES
IX.9,1 Licenses Required
A. Required: It shall be unlawful for any person to erect, construct, place, locate, reconstruct,
repair, replace or service any sign for compensation without first obtaining a license to do
such work from the Building Official.
B. License: It is unlawful for any person to perform construction work subject to this Article
unless the person is licensed as a sign contractor or is exempt under the following:
Exception: A maintenance person may perform maintenance work only upon property owned
by the person's employer. A maintenance person who performs work upon the property of
more than one property owner is deemed to be performing work for the general public and
shall be licensed as a sign contractor.
IX.9.2 It is unlawful for any _person to:
A. Display or cause a permit to be displayed or to have in one's possession any license for doing
any construction work, knowing it to be fictitious or to have been canceled, suspended or
altered;
B. Lend or permit the use of any license for doing any construction `work to any person not
entitled to it;
Page 17 of 21 approved 06-13-06
Ordinance # 06-S-29
F.11 'A V to) 0 Do Kea 1"0153 MINIX "UMIR
C. Fail or refuse to surrender to the Building Official any license for any construction work that
has been suspended or canceled;
D. Apply for or have in one's possession more than one current City construction license of the
same type;
E. Use a false or fictitious name or address in any application for any license or permit provided
for in this Article or any renewal or duplicate, or make a false statement or conceal a material
fact or otherwise commit fraud in making any application;
F. Perform any construction work in the City or its ETJ for which a license is required without
having the license or while the license is suspended, expired or. canceled.
G. Perform any construction work for which a permit is required without having the permit or
after the permit has been suspended, canceled or expired.
H. Fail or refuse to make the necessary repairs or changes as provided in a written notice issued
by the Inspection Department. A separate offense is deemed to be committed each day after
the expiration of the time for correction provided in the notice until the work is corrected; or
I. Place or leave a property in such condition that it injures or endangers persons or property.
IX,9.3 Insurance Required: It is the duty of all sign contractors who practice their craft within the
City of Schertz to show proof of general cominercial liability insurance. A current copy of the
insurance must be maintained on file at the City of Scheitz Inspection Department or the sign
contractor's license may be revoked. The insurance shall include:
F-MMETMR, i, ! 10 1 1 1111�
B. A minimum of $600,000 aggregated (total amount the policy will pay for property damage
and bodily injury coverage); and
rdor-IMM RIMIMM. M11 EMMMM�• -�
A licensed applicant or licensee shall file with the Inspection Department a completed certificate
of insurance when applying for an initial license, when changing a business name, or upon
request by the Building Official.
A. Applicatiow A written application for a sign contractor's license will be submitted to the
Building Official on a form prescribed by the City along with the required initial fee and
evidence of two (2) years experience to include the following:
Page 18 of 21 approved 06-13-06
Ordinance # 06-S-29
IX.9.4 The Building Official, within thirty (30) days from the receipt of the completed application,
will issue the license or give a written refusal setting out the reasons for refusal.
B. Renewal: All renewals shall be due January I't of each year. Failure to renew within thirty
(30) days after the renewal date will require the applicant to reapply for license at the initial
fee rate.
C. Rei,ocation: Any license issued under this section may be suspended or revoked by the
Building Official for the following:
1) The Building Official may suspend the license of a person who has been convicted
two (2) times within a one-year (1) period of any violation of this Article or other
laws and ordinances applicable hereto,
2) If the Building Official decides to suspend a sign contractor's license, the Building
Official will notify the licensee of the suspension by first class mail to the licensee's
last address on record, or by hand delivery to the licensee. Notice by mail will be
deemed received three days after posting.
3) The licensee may appeal a suspension decision to the Board of Adjustment by filing a
written request within ten (10) days of receiving notice of the suspension. The Board
of Adjustment will hold a hearing to determine whether the suspension decision
should be sustained or reversed.
4) If a licensee's license has been suspended twice in a three (3) year period, and the
licensee then cornmits another violation under this Article or other laws and
ordinances applicable hereto, the Building Official will notify the Board of
Adjustment. The Board of Adjustment will then hold a hearing to consider
cancellation of the license.
5) Enforcement actions taken under this section are not exclusive and do not affect any
other remedies for violations of this Article or other applicable laws and ordinances.
D. Appeal: A person, whose license has been denied or revoked may appeal in writing along
with the filing fee then in effect to the Board of Adjustment within ten (10) days.
E. Electrical License: It shall be unlawful for any person to install and connect electrical
systems for a sign within the City of Schertz and its ETJ without first obtaining a license to
do so from the Texas Department of Licensing and Regulation (TDLR) for such work. A sign
contractor may subcontract the electrical portion of a project to someone licensed by TDLR.
Someone so licensed shall obtain all electrical permits to do such work.
F. Electrical License Registration: Electrical contractors shall register with the City Inspection
Department as follows:
1) Registration of Company — Each electrical company shall register with the Inspection
Department and shall provide a copy of general liability insurance in the amount
Page 19 of 21 approved 06-13-06
Ordinance # 06-S-29
established by the Texas Department of Licensing and Regulation (TDLR) for
electrical contractors.
2) Application — A written application to register an electrical company, along with the
established filing fee, shall be submitted to the Building Official on a form prescribed
by the City,
3) Renewal — All registered electrical companies shall renew their registrations
annually. All renewals shall be due March Is' of each year.
Exempt: Licensed sign contractors who hold an electrical license issued by TDLR and who
submit a copy of such license with their application, and do not work as an independent
electrical company, will not be required to register as an electrical company.
M 10.1 Unlawful Acts: It shall be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, move, remove, or demolish a sign regulated by this Article, or cause the same to
be done in conflict with or in violation of any of the provisions of this Article.
IX 10.2 Notice of Violation: The Building Official is authorized to serve a notice of violation or
order on the person responsible for the erection, construction, alteration, extension, repair, moving,
removing or demolition of a sign in violation of the provisions of this Article or in violation of a
permit issued under the provisions of this Article. Such order shall direct the discontinuance of the
illegal action or condition and the abatement of the violation.
Allegation and evidence of a culpable mental state is not required for the proof of an offense by this
Article.
Page 20 of 21 approved 06-13-06
Ordinance # 06-S-29
July 17, 2020
Dear Property Owner:
W• 9 .1
M ••t' i
The City of Schertz Board of Adjustment will conduct a Public Hearing on Monday, Juty 27, 2020 at 6:00 p.m. at the
Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and act upon the
following item:
BOA2020 -001 — A request for a variance to the Verde Enterprise Business Park Planned Development District, Ordinance
No. 07- S -14A, and the 1996 Unified Development Code, Ordinance No. 96 -S -28, in order to permit increased maximum wall
sign letter /logo height, increased maximum wall sign area, and an increased number of wall signs for two proposed signs,
located at 17145 IH 35 N, City of Schertz, Guadalupe County, Texas.
Because you own property within 200 feet of the subject property, the Board would like to hear how you feel about this
request and invites you to attend the public hearing. If you are unable to attend but would like to express how you feel, please
complete the bottom portion of this letter and return before the public hearing date to City of Schertz Planning Division, 1400
Schertz Parkway, Schertz, Texas, 78154 or fax (210) 619 -1789, or e-mail: nkoolyay nschertz.com. If you have any questions
please feel free to call Nick Koplyay, Planner directly at 210 -619 -1782.
Sincerely,
Nick Koplyay
Planner
I am: in favor of
r • flTTitiIT "t M
M
Reply Form
opposed to ❑ neutral to ❑
the request for BOA2020 -001
Street Address: i a 1 �4 ffi
Date
1400 Schertz Parkway 11 Schertz, Texas 78154 210.619.1000