24-S-15 Amend Part III Code of Ordinances-UDC Art. 5 Zoning Districts-Art. 9 Site Design StandardsORDINANCE NO.24-S-15
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 AND ARTICLE 9 — SITE DESIGN STANDARDS
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 March 6, 2024, the Planning and Zoning Commission conducted a public
hearing and, thereafter recommended approval; and
WHEREAS, on April 2, 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 and Exhibit B
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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and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 �day ofdf�u
2024.
TSSEF, APPROVED and ADOPTED ON SECOND READING, the 16�%day of
2024.
CITY OFASCHF4F, TEXAS
4rz�r—
Ra#Gutieke), Mayor
AT T:
Sheila Edmonds, n, City Secretary
Exhibit "A"
Proposed Unified Development Code (UDC) Amendments
Article 5 — Zoning Districts
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.
(Supp. No. 7)
Page 1 of 6
Created: 2023-07-18 12:49:28 [EST]
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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
21.5.7E 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 21.5.76.
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 [E57]
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-S-47 , § 3, 11-18-2014; Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021)
(Supp. No. 7)
Page 6 of 6
Created: 2023-07-18 12:49:28 [EST]
Exhibit `B"
Proposed Unified Development Code (UDC) Amendments
Article 9 — Site Design Standards
Sec. 21.9.3. Lots.
A. Lot sizes and dimensions shall conform to the minimum requirements of the appropriate zoning district. The
lot area shall be computed including all easements. Changes in the required lot sizes and dimensions may
only be allowed through rezoning or through the granting of a variance by the BOA. No lot shall be approved
which does not meet the minimum requirements of the appropriate zoning district.
B. In residential subdivisions not served by public sewer, the Planning and Zoning Commission shall require the
developer to cause a percolation test to be made. In no case will the lot size in such subdivision be less than
one-half acre (21,780 square feet). This is the responsibility of the County Health Inspector.
C. Depth and width of properties laid out for commercial or industrial purposes shall be adequate to provide for
the off-street service and parking facilities required by the type of use and development contemplated.
D. Corner lots shall have sufficient width to permit the required building setback and proper orientation to both
streets. Lots abutting crosswalks shall be treated as corner lots.
E. Where a residential lot backs up to a railroad right-of-way, high pressure gas line, industrial area or any other
land use which may have a dangerous effect on residential property, and where no marginal access street or
other street is provided at the rear of such lot, an additional depth of 25 feet shall be required. Where a lot
sides to any of the above, an additional width of 15 feet shall be required. A planting screen or non -access
easement of at least ten feet shall be provided along the line of lots abutting a railroad right-of-way, high
pressure gas line, industrial area or any other land use which may have a dangerous effect on residential
property.
F. Residential lots located on a cul-de-sac shall be at least fifty feet (50') wide at the building line.
G. Residential lots shall be oriented to take advantage of topography; the best relationship to the overall design
of the neighborhood; and to minimize the effects of any surrounding depreciating land uses.
H. There shall be no residential lots facing directly upon a major street.
I. All side lines of lots shall be perpendicular to straight street lines and radial to curved street lines except
where a waiver to this rule will provide a better street and lot layout.
J. Every lot shall be provided with adequate access to a public street, either by direct frontage on such street,
or by public access easement approved by the Planning and Zoning Commission. Rear and/or side driveway
access to major streets shall be prohibited.
K. The front line setback shall be measured from the point where the public right-of-way ends to the front face
to the building, covered porch, covered terrace or attached accessory building.
(Supp. No. 7)
Page 1 of 1
Created: 2023-07-18 12:49:30 [EST]
Sec. 21.9.12. Site plan process.
A. Purpose and Applicability.
1. Purpose. This section establishes a Site Plan review process for certain proposed residential,
nonresidential, and mixed -use developments. The purpose of Site Plan approval is to:
a. ensure compliance with the requirements of this UDC;
b. promote better site design;
C. integrate projects more effectively into their surrounding environment;
d. prevent the impairment or depreciation of property values;
e. improve internal vehicular and pedestrian circulation;
f. encourage quality and innovative site planning techniques;
g. project and enhance the overall general public health, safety and welfare;
h. ensure efficient and safe land development;
i. ensure harmonious use of land;
j. ensure compliance with the Comprehensive Land Plan and other appropriate design standards;
and
k. ensure adequate parking and loading, water supply, drainage and storm water management,
sanitary sewer facilities, and other utilities and services.
2. Applicability. Site Plan review and approval shall be required as follows:
a. for any development that contains two (2) or more residential dwelling units on a single tract, lot,
or parcel of land;
b. for any development that contains single-family attached dwelling units;
C. for any non-residential development;
d. any increase in an existing non-residential structure or a residential structure that contains two
(2) or more residential dwelling units that is greater than twenty-five percent (25%) of the
existing building square footage;
e. for any PDD;
f. for any single-family residential development that includes a private amenity or facility or a golf
course; and
g. no building permit shall be issued for any of the above developments until a Site Plan and all
other required engineering/construction plans are first approved by the City. No certificate of
occupancy shall be issued until all construction and development conforms to the approved Site
Plan and associated engineering/construction plans. The Site Plan review process shall include,
but not be limited to, the following steps:
i. pre -application conference;
ii. site Plan review and approval; and
iii. construction of project (after City approval of required Site Plan and other associated plans,
including platting and engineering plans).
(Supp. No. 7)
Page 1 of 3
Created: 2023-07-18 12:49:31 [EST]
3. Exempted Uses. The following land use activities are exempted from the requirements of this Article:
a. construction of one- or two-family dwellings, ordinary accessory structures and related land use
activities;
b. ordinary repair and maintenance of existing structures or uses;
C. agricultural land use;
d. incidental landscaping or grading;
e. individual manufactured homes; and
f. interior alterations that do not substantially change the nature or use of the structure.
B. Application Requirements. Any request for Site Plan approval shall be accompanied by an application
prepared in accordance with the Development Manual.
C. Processing of Application and Decision.
1. Submittal. An application for a Site Plan shall be submitted to the City Manager or his/her designee.
The City Manager or his/her designee shall review the application for completeness in accordance with
section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to the
other appropriate departments for review and recommendation.
2. Site Plan Approval. The City Manager or his/her designee may approve a site plan. The City Manager or
his/her designee may, for any reason, elect to present the site plan for approval to the Planning and
Zoning Commission. The City Manager or his/her designee shall not approve with conditions or
disapprove a site plan and shall be required to refer any site plan for which approval is refused to the
Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning
Commission shall act on the plan within thirty (30) days after the date a complete application is filed.
3. Conditional Approval and Denial. If the Commission conditionally approves or denies the plan, a written
statement must be provided to the applicant clearly articulating each specific condition for the
conditional approval or reason for denial. Each condition or reason specified in the written statement
may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis
for the conditional approval or denial.
4. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a
plan, the applicant may submit a written response that satisfies each condition for the conditional
approval or remedies each reason for denial provided. The City Manager or his/her designee is
authorized to approve revisions required for conditional approval of the site plan. The Planning and
Zoning Commission shall determine whether to approve or deny the applicant's previously denied plan
or conditionally approved plan, if forwarded to the commission by the City Manager or his/her
designee, no later than the fifteenth (15t") day after the date the response was submitted.
D. Criteria for Approval. The City Manager or his/her designee in considering final action on a Site Plan, should
consider the following criteria:
1. the Site Plan is consistent with the general purpose and intent of the applicable zoning district
regulations;
2. the Site Plan is compatible with adjacent developments and neighborhoods and includes
improvements to mitigate development related adverse impacts;
3. the Site Plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with
the existing traffic patterns in the area;
4. the Site Plan incorporates features to minimize adverse effects on adjacent properties;
(Supp. No. 7)
Page 2 of 3
Created: 2023-07-18 12:49:31 [EST]
adequate capacity of public or private facilities for water, sewer, electricity and transportation to and
through the development are provided to the site;
6. the proposed use and associated Site Plan promote the health, safety or general welfare of the City
and the safe, orderly, efficient and healthful development of the City.
E. Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as
the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic
physical relationship of the property to adjacent property, do not alter the use permitted, increase the
density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the
approved Site Plan, may be authorized by the City Manager or his/her designee.
Expiration of Site Plan. A Site Plan shall expire if any of the following occurs:
1. a building permit has not been approved within two (2) years for the construction of any building on
the property for which the Site Plan was approved; and
a building permit that was approved as a result of an approved Site Plan expires within two (2) years
after approval of the Site Plan.
(Ord. No. 17-5-40 , § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018; Ord. No, 19-5-22 , § 1(Exh. A),
9-3-2019)
(Supp. No. 7)
Page 3 of 3
Created: 2023-07-18 12:49:31 [EST]