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24-S-01 AMEND PART III OF UDC ART.5-ZONING, ART.9-SITE DESIGNGS, ART.14-TRANSPORTATIONORDINANCE NO.24-S-01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO AMEND PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 5 - ZONING DISTRICTS, ARTICLE 9 - SITE DESIGN STANDARDS, AND ARTICLE 14 - TRANSPORTATION. WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz (the "City") adopted and Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC"); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on January 10, 2024, the Planning and Zoning Commission conducted public hearings and, thereafter recommended approval; and WHEREAS, on February 6, 2024, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health, and welfare. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the l�'�day of/ i1,�� 24. SSED, APPROVED and ADOPTED ON SECOND RE ING, thlAday of 024. AT:b: Sheila Edmondson, City Secretary Exhibit "A" Proposed Unified Development Code (UDC) Amendments Article 5 — Zoning Districts, Article 9 — Site Design Standards, and Article 14 — Transportation. Sec. 21.5.2. Zoning Districts Established. The City is hereby geographically divided into zoning districts and the boundaries of those districts herein are delineated upon the Official Zoning Map of the City. The use and dimensional regulations as set out in this Article are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive Land Plan and Master Thoroughfare Plan. The districts established shall be known as follows: Table 21.5.2 Symbol Zoning District Name PRE Predevelopment District R-1 Single -Family Residential District R-2 Single -Family Residential District R-3 Two -Family Residential District R-4 Apartment/Multi-Family Residential District R-6 Single -Family Residential District R-7 Single -Family Residential District R-A Single -Family Residential/Agricultural District GH Garden Home Residential District TH Townhome District MHS Manufactured Home Subdivision District MHP Manufactured Home Park District OP Office and Professional District NS Neighborhood Services District GB General Business District GB-2 General Business District-2 M-1 Manufacturing District (Light) M-2 Manufacturing District (Heavy) PUB Public Use District PDD Planned Development District AD Agricultural District EN Estate Neighborhood PDD MSMU Main Street Mixed -Use District MSMU-ND Main Street Mixed -Use New Development District (Ord. No. 13-5-22 , § 1, 7-16-2013; Ord. No. 14-5-47 , § 1, 11-18-2014; Ord. No. 23-5-07 , § 1(Exh. A), 3-14-2023) (Supp. No. 7) Page 1 of 1 Created: 2023-07-18 12:49:28 [EST] Sec. 21.5.5. Statement of Purpose and Intent for Residential Districts. A. Predevelopment District (PRE). Intended for use for undeveloped land in the City or as a temporary designation for existing uses for newly annexed property. This zoning is also suitable for areas where development is premature due to lack of utilities, capacity or service and for areas that are unsuitable for development because of physical constraints or potential health or safety hazards. No improvements, construction or structures may be undertaken without obtaining a building permit and no occupancy of such improvements and structures without obtaining a certificate of occupancy. B. Single -Family Residential District (R-1). Comprised of single-family detached residential dwellings on a minimum lot size of 9,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. C. Single -Family Residential District (R-2). Comprised of single-family detached residential dwellings with a minimum lot size of 8,400 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. D. Two -Family Residential District (R-3). Comprised of two (2) single-family attached residential dwellings with a minimum lot size of 9,000 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. E. Apartment/Multi-Family Residential District (R-4). Intended for apartment and multi -family developments including, but not limited to apartment buildings, duplex, garden apartments, condominium units, assisted living centers, nursing homes and other similar uses. Due to the infrastructure requirements for such districts, the City may require the applicant seeking such zoning classification to establish (i) the adequacy of available access and utility facilities, (ii) sufficiency of drainage, and (iii) provision of sufficient open space. The minimum lot size in such district is 10,000 square feet for three (3) units and 1,800 square feet for each additional dwelling unit. The maximum density shall be twenty-four (24) units per acre. Apartment/Multi- Family Residential Districts should not be located in areas where they would increase traffic through single- family neighborhoods and should be located adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. Multi -family developments are suitable buffers between single-family districts and commercial uses. Multi -family districts should be buffered from non-residential land uses and from pollution sources and environmental hazards. Twenty percent (20%) of the total platted area shall be provided as common, usable open space. Single -Family Residential District (R-6). Comprised of single-family detached residential dwellings that are on a minimum lot size of 7,200 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This district is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. The maximum size tract that can be zoned R-6 is 30 acres. G. Single -Family Residential District (R-7). Comprised of single-family detached residential dwellings on a minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This district is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. The maximum size tract that can be zoned R-7 is 40 acres. H. Single -Family Residential/Agricultural District (RA). Intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one-half acre). This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. (Supp. No. 7) Page 1 of 3 Created: 2023-07-18 12:49:28 [EST] I. Garden Homes Residential District (GH). Comprised of single-family detached residential dwellings on a minimum lot size of 5,000 square feet together with the schools, churches, and parks necessary to create basic neighborhood units. This District allows the main structure to be constructed coincident with one (1) of the side property lines, and requires only one (1) side yard setback in order to maximize lot usage and yet maintain a neighborhood character consistent with conventional single-family detached homes. No area shall be designated GH that contains less than five (5) adjoining lots on a street. Zero lot line homes shall have no windows on the side of the house, which abuts the property line. Entire frontage of one (1) side of the street in the block must be included in the GH designation. Exception may be made where an alley breaks the block on that side of the street. Homes will be uniformly located on the same side of the lot within a street block. J. Townhome District (TH). Comprised of an attached residential dwelling unit in structures built to accommodate three (3) to six (6) units per structure. Density shall not exceed twelve (12) units per gross acre. Townhome units shall be constructed on a single lot, or on adjacent individual lots. Individual ownership of the townhome units is encouraged. Minimum lot area shall not be less than 2,500 square feet per dwelling unit. Ten percent (10%) of the total platted area shall be provided as common, usable open space. This District should not be located in areas where it would increase traffic through single-family neighborhoods and should be adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. K. Manufactured Home Subdivision District (MHS). Intended to recognize that certain areas of the City are suitable for a mixture of single-family dwelling units and HUD -Code manufactured homes, to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single-family residences, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation and/or subdivision of any lot, tract or parcel of land used for the placement of manufactured homes. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility in housing types between manufactured home subdivisions and surrounding single family residential subdivisions and recognizing their inherent differences. L. Manufactured Home Park District (MHP). Intended to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation of tracts of land used for the placement of multiple manufactured homes on a single lot, tract or parcel of land and utilized for rent or lease. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility between manufactured home parks and surrounding properties and recognizing the inherent differences in housing types between manufactured home parks and other residential districts. M. Agricultural District (AD). Intended to provide as a base zoning district in areas designated as agricultural conservation on the North and South Schertz Framework Plans. Residences in this District are intended to be on a minimum lot size of 217,800 square feet (five acres). Clustering of up to two homes may be allowed on the same lot subject to setback requirements. This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. N. Main Street Mixed -Use District (MSMU). Intended to provide a base zoning district in the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for single-family and multi -family residential uses, and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical restraints. (Supp. No. 7) Page 2 of 3 Created: 2023-67-18 12:49.28 [EST] 0. Main Street Mixed -Use New Development District (MSMU-ND). Intended to provide a base zoning district in the area along Main Street, specifically for new development of existing properties. This district is intended to mirror The Main Street Mixed -Use District (MSMU), allowing for -single-family and multi -family residential uses, and low intensity commercial uses. Reduced setbacks, parking requirements, along with reduced landscape buffers are provided as part of this district due to physical restraints of the existing properties. (Ord. No. 13-S-22, § 2, 7-16-2013 ; Ord. No. 14-S-47 , § 2, 11-18-2014; Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021; Ord. No. 23-S-07 , § 1(Exh. A), 3-14-2023) (Supp. No. 7) Page 3 of 3 Created: 2023-07-18 12:49:28 [EST] Sec. 21.5.6. Statement of Purpose and Intent for Nonresidential Districts. A. Office and Professional District (OP). Intended to provide suitable areas for the development of office structures as well as office park developments on appropriately designed and attractively landscaped sites. It is also intended to provide ancillary retail service (restaurants, coffee shops, newsstands, etc.) for such office developments. Due to the intensity of these developments, this District should be generally located along major transportation corridors, and be properly buffered from less intensive residential uses. Neighborhood Services District (NS). intended to provide suitable areas for the development of certain limited service and retail uses in proximity to residential neighborhoods in order to more conveniently accommodate the basic everyday retail and service needs of nearby residents. Such uses occur most often on the periphery of established neighborhoods at the intersection of collectors and minor arterials, and are generally on sites of approximately one (1) to three (3) acres in size. These developments are to have generous landscaping and contain non-residential uses, which do not attract long distance traffic trips. This District should be properly buffered from residential uses and protected from pollution and/or environmental hazards. C. General Business District (GB). Intended to provide suitable areas for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. D. General Business District-2 (GB-2). Intended to provide suitable areas for the development of non-residential and light industrial uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. These facilities should not emit dust, odor, smoke, gas or fumes, or any other hazardous elements, which are detectable beyond the boundary of the property. Due to the traffic generated by such uses, these districts should be located on arterial streets. In reviewing the proposed development, other infrastructure considerations such as water, electric, sewer, gas and fire line pressure should be taken into account. Where several lots are to be jointly developed as a light manufacturing area, restrictive covenants and development restrictions encouraging high-level design and maintenance are encouraged. Manufacturing District -Light (M-1). Intended to provide a suitable area for the development of light industrial, assembly and manufacturing, warehouse and distribution facilities. These facilities should not emit dust, odor, smoke, gas or fumes, or any other hazardous elements, which are detectable beyond the boundary of the property. Due to the traffic generated by such uses, these districts should be located on arterial streets. In reviewing the proposed development, other infrastructure considerations such as water, electric, sewer, gas and fire line pressure should be taken into account. Where several lots are to be jointly developed as a light manufacturing area, restrictive covenants and development restrictions encouraging high-level design and maintenance are encouraged. Manufacturing District —Heavy (M-2). Intended to provide a suitable park -like area for the development of intensive industrial/manufacturing activities, which tend to emit certain offensive features such as odor, noise, dust, smoke and/or vibrations, but under controlled conditions. Specific Use Permit will be required by all activities locating in this area. Uses shall also recognize the need for increased water pressure and capacity in order to provide adequate fire protection. G. Public Use District (PUB). Intended to identify and provide a zoning classification for land that is owned or may be owned by the City, County, State, or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. (Supp. No. 7) Page 1 of 1 Created: 2023-07-18 12:49:28 [EST] Sec. 21.5.7. Dimensional and Developmental Standards. A. General. All projects or developments shall comply with all of the applicable dimensional and development standards of this Article. Additional requirements may also apply as required in other sections of this UDC. All area requirements and lot sizes shall be calculated based on gross acres. 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Additional Dimensional and Development Standards. 1. All lots developed for residential purposes shall comply with the lot area, minimum setbacks and height requirements established in table 21.5.7A for the zoning district(s) in which the lot(s) is/are located. All lots developed for allowed non-residential purposes, within residential zoning districts, shall comply with lot, area and height requirements established in table 21.5.7A for the zoning district(s) in which the lot(s) is/are located. 2. All lots developed for non-residential purposes shall comply with lot, area, minimum setbacks, and maximum height requirements established for the zoning district(s) in which the lot(s) is located, as established in table 21.5.713. 3. All lots shall have at least the minimum area, width and depth as indicated in the tables 21.5.7A and 21.5.713 in this section. 4. Platted subdivisions established by a duly approved plat filed prior to adoption of this UDC shall be exempt from meeting any new lot width, depth, and/or square footage requirements. 5. No lot existing at the time of passage of this UDC shall be reduced in size below the minimum area requirements set forth in tables 21.5.7A and 21.5.713. 6. Minimum lot size requirements shall not apply to previously platted lots that are annexed into the City, but shall apply in the event of a vacation and replat of such property. All other requirements of this UDC shall nevertheless apply. 7. No portion of any building on a residential lot may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in table 21.5.7A set forth in this section unless otherwise listed below: (Supp. No. 7) a. Where the frontage on one (1) side of a street is divided by two (2) or more zoning districts, the front yard setback shall comply with the requirements of most restrictive district for the entire frontage between the nearest intersecting streets. b. Where the building setback line has been established by plat and exceeds the requirements of this UDC, the more restrictive setback line shall apply. C. The front yard setback shall be measured from the property line to the front face of the building, 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. d. 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 features 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. e. Rear Yards: Every part of a required rear yard shall be open and unobstructed, except for accessory buildings, uses and structures as permitted and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed twenty-four (24) inches into the required rear yard. f. Where lots have double frontage, running from one street to another, a required front yard setback shall be provided on both streets. g. 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. Page 5 of 6 Created: 2023-07-18 12:49:28 [EST] h. There shall not be more than one (1) residential dwelling on a platted lot of a duly recorded plat of a single-family residential use. (Ord. No. 13-S-22 , § 3, 7-16-2013; Ord. No. 14-5-47 , § 3, 11-18-2014; Ord. No. 21-5-26 , § 1(Exh. A), 7-6-2021) (Supp. No. 7) Page 6 of 6 Created: 2023-07-18 12:49:28 [EST] 0 u U N 0 7 � N � � w ro 0 GJ +' y C to E N C GJ (g L Y 0 a- W 0 d 7 ~_ L a Y Y ro Y a L v a Co GQ E � r- 0 0 a 0 3 � v L f0 ,c ++ u 4-1 t •L a ° a °A a � � m �� Y O O `� Ln u Oy fQ 1 c c u O c 4u n L 0 VY1 N N L CD w -0 c ro m aw N v v 4, E .n 0 y c u ai IV a) a E — D- o O L Ln d ` Q +� u u Y O CL V n O C Z C v a� m o -0 a. 4 Y_ o $ 'O v 2 a c o •a v E E H O � u Q. Q ao v C. New and Unlisted Uses. 1. It is recognized that new or unlisted types of land use may seek to locate in the City. In order to provide for such contingencies, a determination of any new or unlisted form of land use shall be made in accordance with this section. 2. For uses in which an applicant requests a Specific Use Permit, the City Manager or his/her designee shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC. It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the UDC in accordance with section 21.4.7 of this UDC. D. Limited Uses. 1. Tattoo Parlors/Studios in the Main Street Mixed Use District and the Main Street Mixed Use —New Development District shall have the following limited uses: a. No tattoo studio shall be within 900 feet of another tattoo studio (property line to property line). (Ord. No. 13-5-22 , § 4, 7-16-2013; Ord. No. 14-5-47 , § 4, 11-18-2014; Ord. No. 20-S-29, § 1(Exh. A), 10-27-2020; Ord. No. 21-5-26 , § 1(Exh. A), 7-6-2021; Ord. No. 21-5-44 , § 1(Exh. A), 10-26-2021) (Supp. No. 7) Page 2 of 2 Created: 2023-07-18 12:49:29 [EST] Proposed UDC Amendment Article 5 — Permitted Use Table Proposed changes to Article 5 — Permitted Use Table to add uses to Main Street Zoning Districts Zoning District P=Permitted/ S= Specific Use Permitted Uses Permit Main Street Mixed Use District P Tattoo Parlor/Studio (MSMU) Main Street Mixed Use District P Multi -Family Apartment (MSMU) Dwelling Main Street Mixed Use District P One -Family Dwelling Attached (MSMU) Main Street Mixed Use District P Private Club (MSMU) Main Street Mixed Use District P Theater, Indoor _ (MSMU) Main Street Mixed Use District P Two -Family Dwelling (MSMU) Main Street Mixed Use District P Automobile Parking (MSMU) Structure/Garage Main Street Mixed Use District P Microbrewery/Brewpub (MSMU) Main Street Mixed Use District P Dance Hall/Night Club (MSMU) Main Street Mixed Use District P Municipal Uses Operated by the (MSMU) City of Schertz Main Street Mixed Use District P Pet Store (MSMU) Main Street Mixed Use — New P Tattoo Parlor/Studio Development District (MSMU- ND) _ Main Street Mixed Use — New P Multi -Family Apartment Development District (MSMU- Dwelling ND) Main Street Mixed Use — New P One -Family Dwelling Attached Development District (MSMU- ND) Main Street Mixed Use —New P Private Club Development District (MSMU- ND) Main Street Mixed Use — New P Theater, Indoor Development District (MSMU- ND) Main Street Mixed Use — New Development District (MSMU- ND) P Two -Family Dwelling Main Street Mixed Use — New P Automobile Parking Development District (MSMU- Structure/Garage ND) Main Street Mixed Use — New P Microbrewery/Brewpub Development District (MSMU- ND) Main Street Mixed Use — New P Dance Hall/Night Club Development District (MSMU- ND) _ Main Street Mixed Use — New P Municipal Uses Operated by the Development District (MSMU- City of Schertz ND) No other changes are proposed. Sec. 21.5.12. - Reserved (Supp. No. 7) Page 1 of 1 Created: 2023-07-18 12:49:29 [EST] Sec. 21.5.14. - Reserved (Supp. No. 7) Page 1 of 1 Created: 2023-07-18 12:49:29 [EST] Sec. 21.5.15. - Reserved (Supp. No. 7) Page 1 of 1 Created: 2023-07-18 12:49:29 [EST] Sec. 21.9.7. Landscaping. A. Purpose. The purpose of this section is to establish landscaping requirements to enhance the community's ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this section to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment. It is the intent of this section to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen, regeneration, groundwater recharge, noise abatement, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City. B. Enforcement. If at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance with standards and criteria of this section, notice by the City may be issued to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have forty-five (45) days after the date of said notice to restore landscaping as required. The City may extend the time of compliance based on weather conditions. If the landscaping is not restored within the allotted time, such person shall be in violation of this UDC. C. Single Family and Duplex Residential Installation and Maintenance. 1. Prior to issuance of a Certificate of Occupancy sod shall be in place in full front and rear yards, except for landscape beds and gardens. On property containing a minimum of one-half (%) acre or greater, sod in front and rear yards shall be planted adjacent to the slab for a distance of fifty feet (50') and for a distance of twenty feet (20') in side yards. 2. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. 3. Vegetation other than grasses or ground cover under six inches (6") in height is prohibited in any City right-of-way unless specifically authorized in writing by the City Manager or his/her designee. 4. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. 5. New landscaped areas shall be prepared so as to achieve a soil depth of at least two inches (2"). 6. Every single family residential lot shall provide a minimum of two (2) shade trees which are a minimum of two and one-half inches (2.5") caliper measured at four feet (4') above ground level at the time of planting. D. Nonresidential and Multi -Family. The provisions of this section apply to new construction except public water and wastewater facilities for which only subsections 14 and 16 below apply. Existing developments where all structures are not being demolished, do not have to comply with all of these requirements. Rather they cannot decrease compliance with an individual requirement to the point that they no longer comply with that individual requirement. Installation and Maintenance. 1. Prior to issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the Site Plan. (Supp. No. 7) Page 1 of 3 Created: 2023-07-18 12:49:30 [EST] 2. In any case in which a Certificate of Occupancy is sought at a season of the year in which the City determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a Temporary Certificate of Occupancy may be issued for up to four (4) months. 3. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. 4. Vegetation other than approved grasses or ground cover under six inches (6") in height is prohibited in any City right-of-way unless specifically authorized in writing by the City Manager or his/her designee, after consultation with the Director of Public Works or his/her designee. 5. Trees planted shall be a minimum of two and one-half inches (2.5") caliper measured at four feet (4') above ground level at the time of planting. All trees planted to meet the minimum landscaping, requirements of this section shall be planted so as to provide for no impervious material within the drip line of the tree. For the purposes of determining the drip line to meet the requirements of this section, the drip line radius shall be measured as being ten (10) times the caliper of the tree. For example, a two and one-half inch (2.5") tree will have a twenty-five inch (25") radius or fifty inch (50") diameter. Tree wells or tree grates may be utilized to meet the requirements of this section. The City may, at its option, require certification by a registered arborist that adequate space has been provided for pervious cover beneath the drip line of a tree. 6. New landscaped areas shall be prepared so as to achieve a soil depth of at least two inches (2"). 7. The use of architectural planters in nonresidential districts may be permitted in fulfillment of landscape requirements subject to approval of the Planning and Zoning Commission at the time of Site Plan approval. 8. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. 9. A minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right-of- way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. The requirements of this section are not applicable to properties zoned Main Street Mixed Use (MSMU) or Main Street Mixed -Use - New Development (MSMU-ND). 10. A minimum of twenty percent (20%) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20%) requirement shall apply to each phase as it is developed. 11. All commercial and multi -family properties shall provide shade trees at a ratio of nine (9) trees per acre. Industrial property shall provide shade trees at a ratio of six (6) trees per acre. Public schools shall provide shade trees at a ratio of at least four (4) trees per acre. Existing trees may be counted toward meeting the requirements of this section. 12. Interior Landscaping. A minimum of ten percent (10%) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. Interior landscaping requirements do not apply to public water and wastewater facilities if an eight feet (8) masonry fence is provide[d] at or near the property boundary. (Supp. No. 7) Page 2 of 3 Created: 2023-07-18 12:49:30 [EST] 13. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twenty (20) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 162 square feet or nine feet by eighteen feet (9' x 18') in size. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. This subsection does not apply to public schools or properties zoned Main Street Mixed Use (MSMU) or Main Street Mixed -Use - New Development (MSMU-ND). 14. Perimeter Landscape Area — Perimeter landscaping shall be required in the following scenarios: a) Where a nonresidential or multifamily use adjacent to a nonresidential or multifamily use that is zoned for nonresidential or multifamily uses shall provide a minimum five-foot (5') landscape buffer adjacent to those uses except where the building extends into that five foot (5') landscape buffer. i. A minimum of one (1) shade tree shall be planted for each one -hundred linear feet (100') of landscape buffer except where the entire five-foot (5') wide landscape buffer is encumbered by an easement that does not allow the planting of trees. b) A nonresidential or multifamily use adjacent to a single family or duplex residential use or single family or duplex residentially zoned property shall provide a minimum twenty -foot (20') landscape buffer adjacent to the proper line of the residential use or residentially zoned property. If this scenario is in the Main Street Mixed Use District (MSMU) or the Main Street Mixed Use — New Development District (MSMU-ND) then the landscape buffer shall be a minimum of five feet (5'). L A minimum of one (1) shade tree [s]hall be planted for each thirty (30) linear feet of landscape buffer. The landscape buffer shall be covered with grass or another solid vegetative cover. ii. The landscape buffer shall include a masonry wall which shall be eight feet (8') in height unless in the Main Street Mixed Use District (MSMU) or the Main Street Mixed Use — New Development District (MSMU-ND). c) The requirement of this subsection doe[s] not apply to public water and wastewater facilities if an eight foot (8') masonry wall is provided at or near the property boundary. Landscape Plan Required. A landscape plan shall be submitted to the City for approval. The landscape plan may be submitted as a part of the Site Plan. The landscape plan shall contain the following information: 1. location of all existing trees with indication as to those to be preserved; 2. location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscaping features; 3. species of all plant material to be used; 4. size of all plant material to be used; 5. spacing of plant material where appropriate; 6. type of watering system and location of watering source, irrigation, sprinkler, or water system, including placement of water sources; 7. description of maintenance provisions of the landscaping plan; and 8. persons responsible for the preparation of the landscape plan. (Ord. No. 16-5-27 , §§ 3, 4, 8-30-2016; Ord. No. 18-5-04 , § 1(Exh. A), 1-23-2018; Ord. No. 18-S-24 , § 1(Exh. A), 8-7- 2018; Ord. No. 21-5-26 , § 1(Exh. A), 7-6-2021; Ord. No. 23-5-07 , § 1(Exh. A), 3-14-2023) (Supp. No. 7) Page 3 of 3 Created: 2023-07-18 12:49:30 [EST] Sec. 21.14.3. Additional Design Requirements. A. Purpose and Applicability. 1. The purpose of this Section is to establish additional development standards applicable to certain streets within the City to ensure uniform and quality development resulting in an attractive environment compatible with businesses and residential dwellings which does the following: a. provides an environment and living conditions favorable to the public; b. provides a creative approach to land use and related physical development; C. creates a pattern of development which preserves trees and outstanding natural topography and prevents soil erosion and pollution; d. encourages mixed use development through innovative uses of modern development concepts; and e. produces open space and recreation areas. 2. The requirements of this section shall be applicable to all roadways classified as Principal Arterials or Secondary Arterials in accordance with section 21.14.1 including, but not limited to, Schertz Parkway, FM 3009, Old Wiederstein Road, Country Club Blvd, FM 78, FM 1518, FM 482, and Wiederstein Road. B. Permitted Uses. Buildings, structures and land shall be used in accordance with the uses permitted in the applicable zoning district and shall comply with the dimensional requirements of that district in accordance with Article 5 of this UDC. C. Building Setback Line. A minimum fifty foot (50') building setback shall be required adjacent to all rights -of - way. A waiver may be granted by the Planning and Zoning Commission which would allow for a reduction in the minimum required setback when an alternative site layout and design provides for additional open space or landscaping and off-street parking will be located entirely at the rear of the building or lot. In no case shall the minimum building setback be reduced less than the minimum required setback for the applicable zoning district. The requirements of this section are not applicable to properties zoned Main Street Mixed -Use (MSMU) or Main Street Mixed -Use - New Development (MSMU-ND). D. Driveways and Access (Connectivity). Access shall be limited to provide for safe traffic flow and the design shall provide interior drives to limit the number of accesses to the public right-of-way. Access easement should be utilized to limit the number of driveway accesses. Accesses should be planned to match existing driveways or street intersections on the opposite side of the street. All driveways shall have a minimum sight distance of 240 feet. E. Screening and Buffering. A masonry screening wall a minimum of eight foot (8') in height shall be provided where the rear yard of any residential or nonresidential lot abuts a Principal or Secondary Arterial. Any masonry screening wall constructed as part of a new residential subdivision shall be constructed of a like and similar material and color as screening walls in adjacent subdivisions to provide a consistent streetscape. Where the rear yard of any residential lot abuts right-of-way, a minimum twenty foot (20') wide landscape buffer shall be provided adjacent to the right-of-way. Additionally, trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. The requirements of this section are not applicable to properties zoned Main Street Mixed -Use (MSMU) or Main Street Mixed -Use - New Development (MSMU-ND). (Ord. No. 16-5-27, § 9, 8-30-2016; Ord. No. 17-5-40, § 1(Exh. A), 10-24-2017; Ord. No. 21-5-26, § 1(Exh. A), 7-6- 2021; Ord. No. 23-5-07 , § 1(Exh. A), 3-14-2023) Created: 2023-07-18 12:49:32 [EST] (Supp. No.7) Page 1 of 1