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1987S1- ZONING ORDINANCE , ""'~".N"""," I ORDINANCE NO. 87-S-1 AN ORDINANCE BY THE: PROVISIONS OF ARTICLE 1011a, REVISED CIVIL STATUTES OF TEXAS, TO REGULATE THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES, AND SIZE OF BUILDINGS; OPEN AREAS; LOT COVERAGE; DENSITY AND DIsm IBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES; TO REOUIRE OFF-STREET PARKING AND LOADING; AND FOR SAID PURPOSES TO DIVIDE THE CITY INTD DISTRICTS OF SUCH NUMBER, SHAPE, SIZE AND CHARACTERISTICS AS MAY BE ADVISABLE TO CARRY OUT THESE REGULATIONS; TO PROVIDE FOR IT'S ENFORCEMENT; TO PROVIDE FOR A BOARD OF AD- JUSTMENT; TO PRESCRIBE PENALTIES FOR THE VIOLATION OF IT'S PROVISION; AND TO PROVIDE AN EFFECTIVE DATE AND REPEAL ALL ORDINANCES IN CONFLICT. WHEREAS, the City Council of the City of Schertz adopted a Zoning Ordinance in 1974 in accordance with a Comprehensive Plan; and WHEREAS, the City Council of the City of- ScheF'tz bel ieves that certain changes, additions and amendments are necessary, and for clarification and practical purposes a new Zoning Ordinance should be adopted; and WHEREAS, the City Council of the City of Schertz deem it necessary to prevent congestion on streets; to secure safety From fire, flood and other dangers; to promote health and general ,"el fare; to pF'OV i de adequate 1 i ght and a iF'; to pF'event the overcrowding of land; to avoid undue concentration of- population; to facil itate the adequate provisions of transportation, water, sewerage, schools, parks and other pub1 ie requirements; to preserve the natural environment; and to encourage the most appF'orwiate USE; of land throughout the City, all in acc:oF'danee with a Master Plan, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHEJ<TZ, TEXAS: " TABLE OF CONTENTS CITY OF SCHERTZ, TEXAS ARTICLE I PREAMBLE Sec t i on 1 Section 2 Section 3 ARTICLE II Title Enacting Clause Purpose 1 1 1 DISTRICTS, BOUNDARIES, OFFICIAL ZONING MAP, NEW AND UNSCHEDUL.ED USES, AND COMPLIANCE REQUIRED Sect i on 1 Distr'icts 1 Sec t i on 2 Boundaries 2 Section 3 O"icial Zoning Map 3 Section 4 Classification of Net" and Unscheduled Uses 3 Sect i on 5 Comp 1 i ance Requ ired 4 ARTICL.E III NEWL.Y ANNEXED TERR nORY Section 1 ARTICLE IV Annexed Territory-Temporary Classi'ication 5 PREDEVELOPMENT DISTRICT (PDI REGULATIONS Sec t i on 1 ARTICLE V Regulations Predevelopment Distr'ict 5 SINGLE FAMILY DWELLING DISTRICT REGULATIONS R--l >. Section 1 See t i on 2 Section 3 ARTICLE VI Use Regulations Height Regulations Ar'ea Regulations 6 6 6 SINGLE FAMILY DWEL.LING DISTRICT REGULATIONS R-2 See t i on 1 Sec t i on 2 Section 3 ARTICLE VII Use Regulations Height Regulations Area Regulations 7 '7 7 SINGLE FAMILY DWEL.LING DISTRICT REGULATIONS R-6 Sec t i on 1 See t i on 2 Section 3 Use Regulations Height Regulations Area Regulations 9 9 9 -i- ARTICLE VI I I ARTICLE I X ARTICL,E X ARTICLE X I ARTICLE XII ARTICLE X I II SINGLE FAMILY DWELLING MANUFACTURED HOUSING DISTRICT REGULATIONS R-'7 Section 1 Sec t i on 2 Sec t i on 3 Use Regulations Height Regulations Ar'ea Regulations TWO FAMILY DWELLING DISTRICT R-3 Sec t i on 1 See t i on 2 Section 3 Use Regulations Height Regulations Area Regulations APARTMENT /MULTI'FAMILY DWELLING DISTRICT R--4 Sec t i on 1 Sec t i on 2 Section 3 Use Regulations Height Regulations Area Regulations GARDEN HOME DWELLING DISTRICT R-5A & R.'5El See t i on 1 See t i on 2 Section 3 Sec t i on 4. See t ion 5 Section 6 Use Regulations Height RegulatiOns Garden Home Dwell ing District R-5A Area Regul at ions 'or' R-5A Zero Lot Line Construction Gar'den Horne D".lE' 11 i ng District R-58 Conventional or Traditional Construction Area Regulations 'or R-58 Conventional or Traditional Constr'uct i on M08ILE HOME DISTRICT Sec t i on 1 Section 2 Section 3 Use Regulations Height Regulations Ar'ea Regu 1 at ions OFFICE & PROFESSIONAL DISTRICT Sec t i on 1 Section 2 Section 3 Sec t i on 4 Section 5 Pur'pose General Provisions Use Regulations Height Regulations Ar'ea Regul at ions -;;- 10 10 10 11 11 11 12 12 12 13 13 13 14 Ie' -, 15 16 16 17 17 17 18 18 18 AR TI CLE XIV NEIGHBORHOOD SERVICE DISTRICT Sect ion 1 Pur'pose 19 Sect i on 2 Gener'a I Pur'pose 19 Section 3 Use Regulations 19 Section 4 Height Regulations 19 Sect ion 5 Ar'ea Regulations 19 ARTICLE XV GENERAL BUSINESS DISTRICT Sect ion 1 Purpose 20 SE~ct i on '" Gener'a I PI'"'OV i s i ans 21 ~. Sect ion 3 Use Regulations ~~ 1 Section 4 Height Regulations 21 Sect ion 5 Area Regulations ;.?1 ARTICLE XVI MANUFACTURING DISTRICT (LIGHT) M-1 See t i on 1 Use Regulations 22 Section 2 Height Regulations 22 See t i on 3 Area Regulations "'':> t._1... ARTICLE XVII MANUFACTURING DISTRICT (HEAVY) M--.2 Sect i on 1 Use Regulations 23 SE~ct i on 2 Height Regulations 23 Sect i on 3 Ar'ea Regu 1 at ions 23 ARTICLE XVII I PLANNED UNIT DEVELOPMENT Sec t i on 1 Regulator'y Pr'ov i s ions :~~3 Section 2 Cl ass i f i eo.t i on o' Planned Unit DevelQprnent 27 '. AR TI CLE XIX OVERLAY DISTRICTS Sec t i on 1 Special Over'l ay Distr'icts 27 Sect ion 2 Special Overlay Distr'ict FM 3009 28 Sect i on 3 Air' Installation Compatible Use Zone Over'l ay D i str' i ct (AICUZI 35 ARTICLE XX HE IGHT & AREA SPECIAL CONS IDER A TI ONS Sect i on 1 Over'a 11 Height & Ar'ea Regulations 36 Section 2 Special Height & Ar'ea Cons i der'a t ions 36 -iii- >, ,. ...'- ARTICLE XXI ARTICLE XX I I ARTICLE XX II I ARTICLE XX IV ARTICLE XXV ARTICLE XXVI PARKING REGULATIONS Sec t i on 1 Section 2 AMENDMENTS Sect i on 1 See t i on 2 Sect i on 3 Section 4 Pur' pose O'f-Street Parking & Loading Requirements 38 :38 Statement o' Intent 43 Changes & Amendments 43 Procedure 'or Amendment Petition 45 Publ ic Notice & Procedure 'or Amendments 46 Section 1 SPECIFIC USE PERMITS Author'i zed Uses REGULATION OF NON-CONFORMING USES Section 1 See t i on 2 Sec t i on 3 Sec t ion 4 See t i on 5 Sec t ion 6 ADMINISTRATION Sec t i on 1 See t i on 2 See t i on 3 Sect i on 4 Continuance o' Use Change o' Use Damage & Destruction Enlargement Normal Maintenance Structural Change Administrative Provisions Certificates o' Occupancy & Camp I i ance Procedur'e Home Occupation BOARD OF ADJUSTMENT See t i on 1 See t ion 2 Section 3 Section 4 Section 5 See t i on 6 See t i on 7 Board o' AdJustment Jur'isdiction Allowances by Board o' AdJustment Appl ications 'or Special Exceptions Stay of Proceedings Hearings o' Appeals Cour't Appeal -iv- 4,9 50 51 51 51 51 51 52 53 53 54 58 :;:;8 59 59 59 60 60 ~,~ ", ARTICL.E XXVII ARTICLE XXVI I APPENDIX A APPENDIX B ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT Section 1 En'orcernent Sect i on 2 Violation & Penalties Section 3 Pr'ov i s ions Minimum Requirements Sec t i on 4 Repeal Confl iction Dr'd i nances or. Or'der Section 5 Severab 1 i 1 ty Clause EFFECTIVE DATE SCHEDUL.E OF USES DEFINITIONS -v- 61 62 62 63 63 63 64 74 " ~:t. '. ARTICLE I Sec t i on 1 Section 2 Sec t i on 3 ARTICLE I I Section 1 Amended Ord. 81-S-;~3 Pg. 1 PREAM8LE J ij;l~_ This Ordinance shall be known as "The City o' Sctlertz, Texas, Zon~ng Ordinance". Enactinq Clause That there be enacted the following Zoning Ordinance, which amends the Zoning Ordinance of the Ci ty of Sc.her'tz, Te)<as, dated August 21, 1979, said amendment together with a map creating and del ineating zoning districts. Puroase The Zoning Regulations and Districts as herein establ ished have been made in accordance with a Comprehensive Plan 'or the purpose of promoting the health, sa'ety, and general wel'are o' the City. They have been designed to lessen the congestion in the street; to seCIJre safety from 'ire, panic and other danger; to provide adequate I ight and air; to prevent overcrowding of 1 and; to avo i d undue concen tr'a t i on of population; to 'aeil itate the adequate provision of transportation, water, sewerage, sc.hools, par'ks and other pub 1 i c r'equ i remen ts. They have bef,n made ,.Ii th r'easonab I e cons i der'at i on among other things, 'or the character of the district, and it's pecul iar' suitabil ity 'or' the par.ticular' uses spec i f i ed; and \lJ i th a vi et.LJ to con".~erv i ng the value o. building and encouraging the most appropriate use o' land throughout the City consistent with a Comprehensive Plan. DISTRICTS, BOUNDARIES, OFf'ICIAL ZONING MAP, NEW AND UNSCHEDULED USES, AND COMPLIANCE REQUIRED Districts The City of Schertz is hereby divided into types o. districts as 'ollows: PD Preclevelopment District R-l Single Family Dwell ing District R-2 Single Family Dwell ing District R-3 Two Family Dwell ing District R-4 Apartment/Multi-Family Dwell ing District R-5A Garden Home District-Zero Lot Line Constr"uct i on R-58 Garden Home District-Conventional or Traditional Construction R-6 Single Family Dwell ing District -1- Sec t i on 2 2.1 2..2 2.3 " 2.4, 2.5 2..6 2.7 R-7 Single Family Dwell ing Manufactured Housing District MH Mobile Home District OP Office and Professional District NS Neighbor'hood Services Distr'ict GB General 8usiness District M-l Manufacturing District (Lightl M-2 Manufacturing District (Heavyl PUD Planned Unit Development Distr'ict Boundaries The boundaries a. these districts are indicated upon the Zoning Map of the City of Schertz, 'which is on file in the of'ices of the City and made a part of this Ordinance, the same as if copied in full herein. Where uncertainty exists as to the boundaries of districts as shown on the o'ficial Zoning Map, the following rules shall apply: Boundaries indicated as approximately following the center 1 inesof streets, highways, or alleys shall be construed to follow such center 1 ines. Boundaries indicated as approximately following platted lot I ines shall be construed as following such lot lines. Boundaries indicated City 1 imits shall be City limits. as approximately following construed as following such Boundaries indicated as following shore I ines of creek shall be construed to follow such shore 1 ines; and in the event of their movement, the boundaries shall be construed as moving l~ith the actual shore 1 ine. Boundaries indicated as approximately following the center I inss of str'earns, r' i ver's, canal s, 1 akes or other' bod i es of "Iater' shall be construed to follol'J such c€.~nter' 1 i nes. Boundaries indicated as following railroad 1 ines shall be construed to be midway between the rails of the main 1 ine. In unsubdivided property, the I ines on the Zoning Map shall use of the scale appearing on by Or'd. 83--,14,-83 district boundary be determined by the map. Amended In case of a property into district boundary 1 ine dividing a two parts, the property will -2- " ~ I... 2.8 Sec t i on 3 3.1 3.2 Section 4 4.1 remain divided until the property owner, firm or corporation petitions the City Council for r'ezon i ng. Whenever' any street, a II ey OF' other' pub 1 i c way is vacated by official action of the City Council, the zoning district adJoining each side of such street, alley or public way shall be automatically extended to the center' of such vacation and all area included in the vacation shall then and henceforth be subJect to all regulations of the extended districts. _Of f i cia 11.o111DSLMap .Ma i ntenanc'L..Q.!:.__~9fl_Lf1_g__ Map shall be kept in Secr'etar'y. .1'1<3P.: The Official Zoning the office of the City One (1) copy shall be kept by the Planning and Zoning Commission. It shall be the duty of the City Secretary to keep the Official Map current and the copies ther'enf, her'ein pr'ovided for', by enter'ing on such maps any changes which the City Council may from time to time order by amendments to the Zoning Ordinance and Map. The City Secretary, upon adoption of this Ordinance, shall affix a certificate identifying the map in his/her office as the Official Zoning Map of the City. He/she shall 1 ikewise officially identify the copies dir'ected to be kept by the Planning and Zoning Commission and in the office of the Building Official. All amendments of the Map shall be made immediately after their enactment and the date of the change shall be noted on the Certificate. Classification of Ne~J and Unscheduled Uses. It is recognized that new or unlisted types of land use may seek to locate in the City of Scher tz. In or'der to pr'ov i de for' such contingencies, a determination of any new or unl isted form of land use shall be made as follol.ls: The Building Official shall refer the question concerning any new or unl isted use to the Planning and Zoning Commission requesting an interpretation as to the zoning district into ",lh i c:h such use shou I d be p I aced. The r'efer'ra I of the use interpretation question shall be -3- -. 4!-._ 4.2 4.3 4.4 See t i on 5 5.1 accompanied by a statement of facts 1 isting the nature of the use and whether it involves dwell ing activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employ- ment, transportation requirements, the amolJnt of noise, odor, fumes, dust, toxic material and vibration 1 ikely to be generated and the general requirements for publ ic util ities such as water and sanitary sewer. Ne'~ and Unschedu I ed Uses r'efer'r'ed to the Planning and Zoning Commission will be reviewed by the Commission to insure that the use meets the standards and requirements established for the particular district. The Commission will recommend to the City Council a public hearing be hel d, or 101 ill r'ecommend di sappr'ova 1. A letter will be sent to the appl icant indicating the date of the publ ic hearing, or disapproval, and the reason(sl for the disapproval and the appeal procedures. The Planning and Zoning Commission and City Council shall hold a Joint Public Hearing and meet with the parties of interest and shall consider the nature and described performance of the proposed use and it's compatibil ity with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted. Such Publ ic Hearings shall be scheduled and conducted in accordance with the provisions of Article XXI, Sections 4.3 and 4.5. The Planning and Zoning Commission shall transmit it's findings and recommendations to the City Council as to the classification proposed for any ne'~ or' unl isted use. rhe Ci ty Counc i 1 sha 11 r'ev i ew r'ec:ommendat ions of the Planning and Zoning Commission and make such determination concerning the classification of such use as it determines appropriate. Compliance Required No land shall be used for and no building sha II be eree ted for or conver'ted to any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided. The minimum yards, parking spaces, and open spaces, i nc I ud i ng 1 at ar'ea per' fam i I y, r'equ i r'ed -4- 5.2 5.3 ARTICLE I I I See t i on 1 -, ARTICLE IV See t i on 1 1.1 1.2 by the Height and Area provisions of this Ordi- nance for each and every building existing at the time of passage of this Ordinance or for any bu i I ding hereafter erec ted, sha 11 not be en- croached upon or considered as part of the yard or parking space required for any other build- ing, nor shall any lot area be reduced below the requirements of this Ordinance for the district in which such lot is located. Ther'e sha II d~Jed ling on a sing 1 e fam i I Y not be more than one residential lot of a duly recorded plat of a residential use. All buildings built for general publ ic shall pr'ovisions of Appendix subsequent revisions of Cade and standards set by use and access by the be subJect to the M, 1985 and all the Southern Building ANSI A117.1 NEWLY ANNEXED TERRITORY Anne:>(ed Ter'r:itor'v Terooocary..c1..assifJ.cation. All territory hereafter annexed to the City of Schertz shall be temporarily classified as PD. The Planning and Zoning Commission will review all territory far consideration of zoning within 180 days of annexa t ion. The procedure for establishing permanent classification of annexed terr'i tory sha 11 con form to the procedur'e as tab- 1 i shed by 1 a~' for' the adopt i on of the or' i g i nal zoning regulations. The required Public Zoning Hearing may be conducted in conJunction with or dur' i ng the r'equ i r'ed annexat ion pr'ocess. PREOEVELOPMENT DISTRICT (PDI REGULATIONS In an area temporar i~.s:.la_s_<;;jJ'Led as po: No person shall erect, construct, or add to any building or structure or cause the same to be dalle in any newly annexed ter'r'itor'y without first applying for and obtaining a building permit or certificate of occupancy from the Building Official or the City Council as may be r'equ i r'ed here in. No permit for the construction of a building or use of land shall be issued by the Building Official other than a per'lOit which ,~ill allo'~ the construction of a building permitted in the PO, unless and until such territory has been classified in a district other than the PD by the City Council in the manner provided by law, -5- 1.3 1.4 ARTICLE V Sec t i on 1 Section 2 Sec t i on 3 3.1 3.2 3.3 3.4 except that a building permit may be issued in accordance with the provisions as Follows. An application for a permit for any use other than that specified in paragraph 1.2 above shall be made to the Buil~ing Official of the City of Schertz, and by him referred to the Planning and Zon i ng Comm i ss i on for' cons i der'at i on and r'ecom- menda t i on to the City Coune i I . r1,e PI ann i ng and Zon i ng Comm i ss i on in mak i ng it's r'ecommendat ion to the City Council concerning any such permit shall take into consideration the appropriate land use for the area and the Comprehensive Land Use Plan for the City of Schertz. The City Council after receiving and reviewing the recom- mendations of the Planning and Zoning Commission may by maJority vote authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the appl ication. Use R.!'1.9lj.l.il..ti.o.n_E>'_ In a PO no I and shall be used and no building shall be erected for or converted to any use other than: See Schedule of Uses and Article II, Section 4. SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l Use ReQulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Ar'ticle II, Section 4. .He ~S!I:!.L.._R~g.',!Jat i on,!;: No bu i I ding sha 11 e:x:ceed thirty-five (35'1 feet. _Ar'~~_R_~gLJ la-'J.ons: Front Yard Setback: The front yard setback shall be a minimum of twenty-five (25' I feet. Side yar'ds seven Yard Setback: There shall be two side of fifteen (15'1 feet or a minimum of (7' I feet on anyone side. Rear yard (20' I Yard having a feet. Setback: There shall be a rear depth of not less than twenty Lot: The minimum area of the lot shall thousand six hundred (9,600) square Ar'ea of be nine feet. -6- 3.5 3.6 3.7 3.8 3.9 ARTICLE VI See: t i on 1 Sec t i on 2 Sect i on 3 3.1 Width shall line. of Lot: eighty The minimum width of the lot (80') feet at the building be Miq.lm.lJm D,gr>Jl:L...9i.___L"gt:. The minimum depth of the lot shall be one hundred twenty (120') feet. ParkinQ Regulations: street parking spaces (See Article XXI), A minimum of two off- shall be provided. S i gn.B..egu_l_~i_",ns: (See Sign Ord i nance I Acces~orv BuildinQs: No accessory building, as per'mi tted herein shall occupy more than forty (40%) per'cen t of the r'equ i r'ed r'ear' yar'd. Acces- sory buildings shall be set back thfee (3') feet fr'o1O common proper'ty 1 ines, pr'ovided however', that where the rear lot 1 ine of an alley or easem8nt twenty (20') Feet or more in width, no setback shall be required. No accessory build- ings may be closer than ten (10'1 feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory buildings may be closer than ten (10'1 feet to any main building on the same lot, nor closer than three (3'1 feet to a common property 1 ine. No accessory building shall be construc- ted in the front yard or an easement. SINGLE FAMILY DWELLING DISTRICT REGULArIONS R-2 .Us~_R_~glJ~-'lJ; .i. on !?:.. A bu i 1 ding or' pr'em i sa sha 11 be used only for the following purposes: See Schedule of Uses and Article II, Section 4. Height Requlations: No building shall exceed thirty-five (35') feet. Area Regu 1 at i_l::!.ns: Fr'ont Yar'd Setbac:..!H The fr'ont yard setback shall be a minimum of twenty-five (25') feet. EXCEPTION: port may be gu idel ines: In any R2 zoning district, a car- constructed under the following a. I t cannot extend past the fr'ont pr'oper'ty 1 ine; b. It cannot violate provisions for side yards; -7- c. It must be completely open to the sides so as not to obstruct the vietti of traffic; d. It may be attached or' detached; e. The top covering material may not extend dOtAIn the sides more than twelve <12" ) inches. :-1.2 Side Yard Setback: There shall be two side yards, one on each side of the building, having an aggregate of side yards of fifteen (15') feet or a minimum of Seven (7'1 feet on anyone side. 3.3 Rear' Yar'd_.J2.e1;I::LClck: having a depth of feet. There shall be a rear yard not less than twenty 120'1 3.4 ~rea of Lo~~ The minimum area of the lot shall be seven thousand, five hundred (7,5001 square feet. 3.5 Width of Lot: The shall be seventy'"-five building 1 ine. minimum width of the lot (75' I feet at the 3.6 .M i n i mum DeB...t;h._~_9...t.:. The m i n i mum dep th of the lot shall be one hundred (100' I feet. 3.'7 Parking Requlations: A minimum of two street parking spaces shall be provided. Ar't i c I e X X I ) off"" (See 3.8 JU.gn R~LJJa!;.iCJns"~ (See Sign Ordinance) " 3.9 Accessgr'ySl.IjJ..ltin9:?L No accessor'y bu i 1 ding, as per'mitted her'ein shall occupy mor'e than forty (40% I percen t of the requ i red rear' yard. Ace,?s- sory buildings shall be set back three (3' I feet from common pr'operty 1 i nes, prov i ded ho\~ever, that where the rear lot 1 ine of an alley or easement twenty (20' I feet or more in width, no setback shall be required. No accessory build- ings may be closer than ten (10'1 feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory buildings may be closer than ten (10'1 feet to any main building on the same lot, nor closer than three (3') feet to a common property 1 ine. No accessory building shall be construc- ted in the front yard or an easement, with the exception of carports as provided for in Section 3.1. -8- ARTICLE VII Section 1 See t ion 2 See t i on 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-6 Use ReQuJ_atigns:. A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4. .He i ght __.B_ec;LuJ.at.ions: No bu i I ding sha 11 exceed thirty-five (35') feet. Area Regulations: Fr'ollt Yar'd Setback: The fl"'ont yar'd setback shall be a minimum of twenty-five (25' I feet. Side yards s€.?ven Yar::.cl._.__?.€'!tbaek: Ther'e shall be tl~O side of fifteen (15'1 feet or a minimum of ('7') feet all any olle side. Rear Y ar_ct._..~~tbac k.: There sha 11 be a rear yard having a depth of not less than twenty (20' I feet. Area o. Lot: The minimum ares of the lot shall be six thousand (6,000) square feet. Wid th Qf._..lcCl.t: The m i n i mum width of the 1 at shall be si>~ty (60'1 feet at the building line. Minimum Depth of .Lot: The minimum depth of the lot shall be one hundred (100') feet. P"ar'k i nL... Regu I at ions: Ami n i mum of b.,o street parking spaces shall be provided. Ar't i c I e X X I ) 0"-' (See Sign Requlat.i.9.n..s: (See Sign Or'dinancel . Accessor'y 8u i 1 d i nQs: No accessor'y bu i 1 ding, as per'mitted her'ein shall occupy more than forty (401.) percent of the required rear yard. Acces- sory buildings shall be set back three (3') feet from common property I ines, provided however, that where the rear lot 1 ine of an alley or easement tl~enty (20' I feet or more in \~idth, no sE,tback sha 11 be requ i r'ed. No accessory bu i 1 d- ing may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory buildings may be closer than ten (10') feet to any main building on the same lot, nor closer than three (3' I feet to a common property 1 ine. No accessory building shall be construc- ted in the front yard or an easement. -9- ARTICLE VII I See: t i on 1 See t i on 2 Sec t i on 3 3.1 3..2 3.3 3.4 3 ~. ..... 3.6 '. 3.7 3.8 3.9 SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-'7 MANUFACTURED HOUSING "Use Re9-\.!.L'l.i..i.p~Ls;;t A bu i 1 ding or- pr'em i se sha 11 be used only for the following purposes, S..~e Schedule of Uses and Ar'ticle II, Section 4. Height Regulations: No building shall exceed thirty-five (35') feet. Area Regulations: Fr'ont Yar'd Setback: The fr'ont yard setback shall be a minimum of twenty (20' I feet. . Sid ,<;?__'(ar:.d_._Ee.! I:l a.:::.k_'. yards, one on each minimum of five (5'1 Ther'e shall be two side side of the building, a feet on any Ofte side. ..Rear .._Yar'd". Se.t9.~!=!<.: There shall be a r'ear yard having a depth of not less than twenty (20' I r(::?et. Area of Lot: The minimum area of the lot shall be five thousand (5,000) square feet. Width_...""CJ.f". Lot: The minimum l.,idth of the lot shall be fifty (50' I feet at the building 1 ine. 1'1 i n i mum D~flj;b."of'..__Lo.t.: The m i n i mum dep th of the lot shall be one hundred (100') feet. . F' a r' k J..r1g___ B.~gtll. atJ.9.r1.s: street parking spaces Ar' tic 1 e X X I ) A minimum o. two off- shall be provided. (See S i gft Reg':!.l'!.!,JQQ.s: (See Sign Or'd i nance I Acces,?gQl_BI.JJJdiOg.~:_ No aecessor'y bu i 1 ding, as permitted herein, shall occupy mor-e than forty (40%) percent of the required rear yard. Acces- sory buildings shall be set back three (3') feet fr'om common pr'oper ty 1 i nes, prov i ded ho\~ever, that where the rear lot 1 ine of an alley or easement tl~enty (20') feet or more in \~idth, no setback shall be required. No accessor-y build- ing may be closer than ten (10') feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, pr-ovided however, that no accessory buildings may be closer than ten (10'1 feet to any main building on the same lot, nor closer than three (3') feet to a common property -10- ARTICLE I X Sec t i on 1 See t i on 2 Section 3 3.1 . 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 1 ine. No accessory building shall be construc- ted in the front yard or an easement. TWO FAMILY DWELLING DISTRICT R--3 _Use ..____R.E!.9u.L"!.!'.ion."'._ A bu i 1 ding or prem i se sha II be used only 'or the following purposes: See Schedule o' Uses and Article II, Section 4. He i gh tR_"".9'L!<ltiCl'ls:, No building shall exceed thirty-'ive (35'1 'eet. Ar'ea Re.9_u I at ion?:. Front . Yard Setback: The 'ront yard setback . or' R--3.TI'Jo.--Fami'-y Residence District shall be a minimum o' twenty-Five (25' I 'eet. Side Yard Setback: There shall be two ..----- _._-~-~-,.__.~--- side yards, one on each side o' the building, having an aggregate o' side yards o' .i.teen (15') 'eet or' a minimum o' seven (7') feet on anyone side. Rear Yard Setback: . -_.__.._~_. .. ..- " having a depth of 'eet. Ther'e sha 11 be a r'ear' yar'd not less than twenty (20'1 Area o' Lot: The minimum area o' the lot shall ..--.-- be seven thousand, 'ive hundred ('7,500) square 'eet. Width o' Lot: The minimum width o' the lot shall be seventy-'ive ('75') 'eet at the building 1 ine. Minimum Depth o' Lot: The minimum depth o' the lot shallbeo':;-e-h-undred (100') 'eet. Parking Regulations: A minimum o' two 0"- street parking spaces per dwell ing unit shall be provided. (See Article XXII Sign Regulatioo?:.. (See Sign Ordinaneel Accessor'y 8u i I d i n.9?=- No accessor'y bu i I dings, as permitted herein, shall occupy more than 'orty (40%) per'cent o' the r'equired rear' yar'd. Accessory buildings shall be set back three (3') 'eet'rom the rear property I ine, pro- vided however, that where the rear lot 1 ine is the 1 ine o' an alley twenty (20') 'eet or more in width, no setback shall be required. No -11- ARTICLE X Sec t i on 1 Section 2 Section 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 accessory building may be closer than ten (10'1 feet to the main building in the rear yard. Accessor'y bu i 1 dings as per'm i tted here i n may be allol'Jed in requ ired side yards, pr'ov i ded hOI~- ever, that no accessory bl.lilding may be closer than ten (10') feet. to any main building on the same lot, nor closer than three (3') feet to a common property 1 ine. No accessory buildings shall be constructed in the 'ront yard or an easement. APARTMENT/MULTI-FAMILY DWEl.LING DISTRICT, R-4 Use Re.91.!.lations: A building or premise shall be used only 'or the following purposes: See Schedule a. Uses and Article II, Section 4. He i qht Reg_u-.l.at i o.!l?L No bu i 1 ding sha II exceed thirty-'ive (35' I 'eet. .Ar::~~Re<;!lJ.!"t i Cl'!~:_ Fr'on~__\I'~.~'.<:I..._Set.I:lClck:_ The 'r'ont yar'd setback shall be a minimum o' twenty-'ive (25' I 'eet. Side gate 'eet side y ar'd S~.t:.4.~c.k: Ther'e sha 1 I be an o. side yards o. at least twenty and a minimum o. ten (10') 'eet on o' the bu i 1 ding. aggr'e- (20' I either' Rear' Yar'd Setb-",_cJ:<.:_ Ther'e shall be a rear' yar'd having a depth o' not less than twenty (20'1 'eet. Area o. Lot: The minimum area o. the lot shall .-._-,---- be ten thousand (10,000) square 'eet, 'or the three units and eighteen hundred (1800) square 'eet 'or each additional unit. Not more than t'~enty-'our (24 I un i ts per' acre sha 11 be authorized. Width of Lot: The minimum width o' the lot shall be one hundred (100'1 'eet at the building 1 ine. Minimum Depth of Lot: The minimum depth o. the lot shall be one hundred (100') 'eet. Parking Regulations: A minimum o. two street parking spaces per dwell ing unit be provided. (See Article XXII 0"- shall Sign Regulations: (See Sign Ordinancel -12- 3.9 ARTICLE X I See t i on 1 Sec t i on 2 Sec t i on 3 '. 3.1 Accessory Buildings~ No accessory building, as permitted herein, shall occupy more than 'or'ty (40%) per'cent of the r'equ i r'ed r'ear' yar'd. Accessory buildings shall be set back three (3') 'eet 'r'om the pr'oper'ty 1 ine, pr'ovided hOI~ever'. that where the rear lot I ine is the line o. an alley twenty (20'1 'eet or more in width, no setback sha 11 be r'equ i r'ed. No accessor'y bu i 1 d- ing may be closer than ten (10' I feet to the main building in the rear yard. Accessory buildings as permitted herein may be allowed in required side yards, provided however, that no accessory building may be closer than ten (10') 'eet to any main building on the same lot, nor closer than three (3'1 'eet to a common property I ine. No accessory building shall be construc- ted in the 'ront yard or an easement. GARDEN HOME DWELLING OISTR ICT R-5A & R-58 Use RegJJlatjons: A building or' pr'ernise shall be used only 'or the 'ollowing purposes: See Schedule of Uses and Article II, Section 4. He i qht Regul<3_t_i_ofl'ii.'_ No bu i 1 ding sha 11 exceed thirty-Five (35') feet. GARDEN HOME DWELLING DISTRICT R-5A __.._... n__ The 'ollowing regulations shall apply to the Single F'3tni ly O~Jell ing, R-5A Gar'den Home Dwell ing District, Zero Lot Line Construction. _Requ i!,'e'!!~ts: shall incorporate as '011 Ol~s: The plat o' the requested area the requirements 'or a R-5A, Zero lot 1 ine, one constructed in an area 'or designation as R-5A. 'ami ly dl'Jell ings can be requested and approved Zero lot 1 ine homes will be uni'ormly located on the same side o. the lot within a street block. Zer'o 1 at the side 1 i ne. 1 i ne homes sha 11 have no I~ i ndows on o' the house which abuts the property No area shall be less than 'ive street. designated R-5A that contains adJoining lots on each -13- Section 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 The entire 'rontage o' one side o' the street in the block must be included in the R-5A designation. An exception may be made wher'e an alley breaks the block on that side o' the str-eet. Ar'ea Regulations Constr"Jct ion: -_._,---_.._-----~-_. 'or' R-5A Zer'o Lot L.i ne Fr'ont Yard R-5A Gar'den of ten (10') Setback: The f-r'ont yar'd setback . or' Home Df~trict is set at a minimum 'eet. Side Yard Se~~~E~: The building may be con- structed with a zero side yard on one side and a side yard o' not less than ten (10' I 'eet on the other side. This ten (10') 'oot side yard shall extend the 'ull depth o. the lot. Five (5' I 'eet o' the property that abuts the zero property I ine shall be designated as a maintenance easement. Thie; easement shall extend the depth o' the lot. E>'-cep t i on~. are per'm it ted so tha t the end houses o' the row will have a ten (10'1 'oot side yard clearance 'rom the street right-o'-way. Under no circumstances will the clearance between the houses be 1 ess than ten (10') 'eet. _.Fear-_ Yar'd Setback: There shall be a rear yar'd having a depth o' not less than ten (10') 'eet. Area of- Lot: The minimum area of the lot shall be . i ve thousand (5,000) squar'e 'ee,~t. Width o' Lot: The minimum \.,idth o' the lot shall be .i.ty (50') 'eet at the building line. Minimum Depth o' Lo~: The minimum depth o' the lot shall be one hundred (100' I 'eet. ParkinCl Re9.!ol.latiQQ,>:. A minimum o' tl.,o o'f- street parking spaces per dwell ing unit shall be provided. (See Article XXII Access to alley must to all rear' F'..~r:.h.l.!:lg.; A be pr'ov i ded garages. twenty (20' I 'oot paved 'or ingress and egress Sign Regulati9ns: (See Sign Ordinance) Accessory Buildi~gE~ as permitted herein, 'orty (40%) percent o' No accessory building, shall occupy more than the r'equ i r'ed r'ear' yar'd. -14- Section 5 5.1 '. ~ c. Section 6 6.1 6.2 6.3 Accessory buildings shall be set back three (3'1 feet 'rom the rear property line, provided however, that where the rear lot 1 ine is the line o' an alley twenty (20'1 'eet or more in width, no setback shall be required. No acces- sory building may be closer than ten (10') feet to the main building in the rear yard. Acces- sory buildings shall not be constructed in 'ront or side yards or an easement. GARDEN HOME ..__DW~L"I~ING DISfRICT, R-58 i::.QNVE:,:NTLCINA"L OR TRADITIDNi\L CONSTRUCTION The following regulations shall apply to the Single Family Dl~elling R-58 Gar'den Home Dwell ing District, Conventional or Traditional Cons tr'uct ion: Requirements: The plat sha'll i neorpora te the area, as 'ollows: of the r'equested ar'ea requirements 'or an R-5 Conventional or Traditional single 'amily dwell ings can be an ar'ea r'equested and appr'oved R'-:58. Constr'uction, constructed in . or' des i gnat i on No area shall be designated R-58 less than .ive (51 adJoining str'eet.. that contains lots on each The entire 'rontage o' one side a. the street in the block must be included in the R-58 designation. An exception may be roade wher'e an alley breaks the block on that side o' the str'eet. _ Ar:..ea _~RegLl..l at i ()nE;.__.f.9r...!.~-58__ G.gnvent i onE'll or' Tra..9..~~ i o!:1_a.LConstr'uct ion: Front Yard Setbacks: The 'ront yard setback "or' 'R-58--Gar-den-.--mHome Distr ict shall be a minimum o' ten (10'1 'eet. Side Yar'd Setbacks:. The side yar'd setback 'or R-58 Gar'den Horne D i str i c tis ten <10%) per'cent o' the total width or a minimum o' .ive (5' I 'eet on either side. Corner lots shall have a ten (10'1 'oot side yard setback 'rom the street r i gh t-'O'--'\Olay. Rear' Yar'd Setbacks: Ther'e shall be a r'ear' yar'd having a depth o' not less than ten (10'1 'eet. -15- 6.4 6.5 6.6 6.7 6.8 6.9 . 6.10 ARTICLE X II Sec t i on 1 Section 1.1 See t i on 2 Area of LotL The minimum area o' the lot shall be five thousand (5,000) square 'eet. Width_____Q..~.._.Lot: The minimum ~Jidth o' the lot shall be 'ifty (50') 'eet at the building line. M i n i mum Deoth o' . L"ot: The m i n i mum depth a. the lot shall be one hundred (100'1 'eet. .!:'_<!~Lr>..9__~jl}Llatio.D.?~_ A minimum o' t"IO 0"- street parking spaces per dwell ing unit shall be provided. (See Article XXII . Acces....__.I~LP.,;lr,k j ng: A alley must be provided to all rear garages. twenty (20' I 'oot paved 'or ingress and egress _~.iJl~'...B. eg.Lil a t.lClr! s : (See Sign Ordinance) AccessorJl._f:luil..cjlngs: No accessor'y bu i 1 ding, as permitted herein, shall occupy more than 'orty (40%) percent o' the required rear yard. Acces- SOF'y bu i 1 dings sha 11 be set back thr'ee (3' I 'eet 'rom the rear property 1 ine, provided however, that where the rear lot 1 ine is the 1 ine o. an alley twenty (20') 'eet or more in width, no setback shall be required. No accessory build- ing may be closer than ten (10'1 'eet to the main building in the rear yard. No accessory building shall be constructed in the side or rl"'ont yarods or- an easement. t108 H..E: HOME: D I STR Ie r Use Re"9.\Jliil.t.J9n,;;: A bu i I ding or' pr'em i se sha 11 be used only 'or the 'ollowing purposes: See Schedule of Uses and Article II, Section 4. Also, see Mobile Home Ordinance No. 81-8-2, and Flood Plain Management OF'dinance No. 77-M-9. . ~cF'eage.~gy.i re_l!l~n_j;.: An area to be cons i der'ed 'OF' zon i ng 'or' a Mobile Home Par'k will cons i st o' at least ten (10) acres; a Mobile Home Subdivision at least twenty (201 acres; and an RV Park at least .ive (51 acres. Height Regulations.,;., The height regulations 'or any structure in the Mobile Home District shall be thirty (30'1 'eet. The average height of the mobile home 'rame above the ground elevation, measur'ed at 90 degr'ees to the 'r'ame, shall not e:x:(:eed thr'ee (3' I 'eet. -16- See t i on 3 3.1 3 ':l .c. ARTICLE X I II See t i on 1 Section 2 2.1 2.2 2.3 Ar'ea Re9.u.l~~i_Clrts: Open Sp~ce Requirements: 1. The minimum 'ront yard setback shall be ten (10') feet from th. nearest corner o' the mobile home to the front line o' the mobile home space. 2 . No mobil e (10'1 'eet to any t"Jenty"'five (25'1 adJoining a publ ic closer than ten nor closer than pr'oper'ty line home shall be property 1 ine 'eet to the street. 3. For' minimum feet. on each space the least ten (10') other structures setback shall be at 4. The minimum distance between mobile homes at any point shall be twenty-'ive (25') 'eet; pr'ov i ded hOI'JeVer', that mobile homes parked end to end may have a clearance o' not less than t,.,enty (20') 'eet. Par'k.J..r1.g_RE!~llat i..S'n.s.;. If no oH""str'eet par'k i ng is provided in a ratio o' no less than two spaces for each mobile homesite, the minimum street width shall be thirty-six (36') 'eet. OFFICE AND PROFESSIONAL DISTRICT ~,pose The purpose o' this district is to provide o"ice area for pro'essional businesses, occupations and I imited retail and services 'or the district and surrounding area. Such district should be adjacent to collector streets and thorough'ares. Gener'a 1 Pr'ov i s ions A 1 I uses l~ i th in to p....ofessional services. this district shall be 1 imited o"ices, retail sales and/or All business shall be conducted entirely within a building. No use sha 11 otherl~ i se be perm it ted l~h i ch is or' would reasonably be detrimental to the neighbor'hood r'esidents or' l~hich would inter'ere with the reasonable use and enJoyment a. their pr'oper'ty by r'eason o' the emission o' dust, -17- See t i on 3 Section 4 Section 5 5.1 C' ? '-'"~ 5.3 5.4 5.5 5.6 5..7 5.8 \ smoke, odor, glare, noise, vibration, trash, Junk, water spray, or by reason of any condition which would amount to a publ ic nuisance. Use Regulations: A building or premise shall be used only for the following purpose., See Schedule o. Uses and Ar'ticle II, Section 4. Height Re9.l!latJ9.nsL No building shall exceed thirty-'ive (35' I 'eet. Ar"ea R~~!.l~iLon.!?~__ Res i den t i a 1 uses ar'e gov- erned by the regulations prescribed for each residential district. Side Yard ,,~etback: No minimum e:>;cept that a side yard a. not less than twenty-Five (25'1 'eet in width shall be provided on the side d' the lot adjOining or across a side street 'rom a residential district. Rear Yard Setback: No minimum. Ar'ea a. Lo_t.:' The m i n i mum ar'ea o' the 1 at sha 11 be six thousand (6,000) square 'eet. Width o' Lot: The minimum width o' the lot shall be sixty (60'1 'eet at the building line. Minimum Depth d' LotL The minimum depth a. the lot shall be one hundred (100'1 'eet. Par.hJ lJfL.Bg9lj 1 <It iOlls: (See Article XXII Sign Regul"t.J.P.I'lEL (See Sign Or'dinancel Accessc>r'Y_.E<l!.LLCLLll.9S:" No Accessory bu i 1 ding, as per'mitted her'ein, shall occupy mor'e than 'or'ty (40%) percent o' the required rear yard. Acces- sory buildings shall be set back three (3') 'eet 'rom the r'ear pr'oper'ty 1 ines, pr'ovided ho'~ever, that where the rear lot 1 ine is the 1 ine a. an alley twenty (20') 'eet or more in width, no s...~tback sha 11 be r'equ i r'ed. No accessor'y building may be closer than ten (10') 'eet to the main building in the rear yard. Accessory buildings, as permitted herein, may be allowed in required side yards, provided; however, that no accessory buildings may be closer than ten (10'1 'eet to any main building on the same lot, nor closer than three (3'1 'eet to a common property 1 ine. No accessory buildings shall be constructed in the Front yard or an easement. -18- >, <- ~~".. 5.9 ARTICLE XIV Section 1 Section 2 2.1 2.2 2.3 Section 3 Sec t i on 4 See t i on 5 5.1 5.2 Fences Requ i r'ed: Wher'e an a. f i ce and pr'o'es- sional district abuts residential lot(s), a privacy fence is required with a minimum height o' eight (8'1 'eet. NEIGHBORHOOD SETNICE DISTRICT . P~Ll~:E ().?~.. A commercial area to provide local neighborhood residential areas with 1 imited services and retail items. Such district should be located adJacent to collector streets or thorough'ares. General Provisions All commercial uses within this district shall be retail sales and/or services. All business shall be conducted entirely within a building. No use sha 11 other'l'J i se be per'm it ted wh i ch is or' would reasonably be detrimental to the neighborhood residents or which would inter'ere with the reasonable use and enJoyment o' their property by reason o' the emission o' dust, smoke, odor, glare, noise, vibration, trash, Junk, water spray, or by reason o' any condition which would amount to a publ ic nuisance. ,Use_.~f?guJ.<l.tions: A bu i 1 ding or' pr'em i se sha 11 be used only 'or the 'ollowing purposes: See Schedule of Uses and Article II, Section 4. . He i gl'1t__~.RegtJJOl_tj9.0.?=- No bu i 1 ding sha 11 e;.;ceed thirty-five (35') 'eet. Area ReQulations: Residential uses which may be permitted within a Neighborhood Service District are governed by the regulations prescribed by the respective residential distr'icts. Front Yar'd S~!:!ack.l." No m i n i mum, except that driveway in service buildings and gasol ine service islands may not be located nearer than sixteen (16'1 'eet to the 'ront property line. Side Yar'd Setback: No minimum, except that a side yard o' not less than twenty-.ive (25') 'eet in width shall be provided on the side of the lot adJoining or across a side street 'rom a residential district. -19- 5.3 5.4 5.5 5..6 5.7 5.8 5..9 '. 5.10 ARTICLE XV Sec t i on 1 Rear Yard Setback: No minimum. Area of Lot: The minimum area a. the lot shall be ten thousand (10,000) square 'eet. ,~L<t~f..... .Lot: shall be one bu i ld ing 1 ine. The minimum width of the lot hundred (100' I 'eet at the Minimum Depth o' Lot:_ The minimum depth o' the lot shall be one hundred (100') 'eet. Parking Regulations: (See Article XXI) Sign Regulations: (See Sign Ordinancel Accessor'y 8u i 1 d i nq?t . No accessor'y bu i 1 ding, as permitted herein, shall occupy more than 'orty (40%1 percent o' the required rear yard. Accessory buildings shall be set back three (3'1 'eet 'rom the rear property 1 ine, provided hOI~ever, tha t \~her'e the rear proper ty 1 i ne is the 1 ine o' an alley twenty (20'1 'eet or more in width, no setback shall be required. No accessory building may be closer than ten (10') 'eet to the main building in the rear yard. Accessory buildings, as permitted herein, may be a 11 O\~ed in r'equ i r'ed side yards, pr'ov i ded however, that no accessory building may be closer than ten (10') 'eet to any main building on the same lot, nor closer than three (3'1 'eet to a common property 1 ine. No accessory buildings shall be constructed in the 'ront yard or an easement. Fences Requ i r'ed: Wher'e a ne i ghbor'hood ser'v i ce distr'ict abuts residential lot(sl, a pr'ivacy 'ence is required with a minimum height o. eight (8') 'eet. GENERAL BLlSINESS DISTRICT , Purp.9~ The purpose o. this district is to provide 'or gener'al commercial uses I~hich serve a City-\~ide or" r'egional ar'ea. Such distr'icts should have 'r'on tage on reg i ona 1 thor'ough'ares such as City collector streets, state or 'ederal highways. Because o' the permitted uses, compatibil ity with adJacent residential areas should be care'ully considered. -20- Sec t i on 2 2.1 2.2 2.3 Sec t i on 3 Sect i on 4, See. t i on 5 5.1 ., C' ':l "".<C 5.3 5.4 5.5 5.6 5.7 5.8 General Provisions All uses within this district shall be retail sales and/or services. local Business located on Ci ty collector streets shall be conducted within the building. No use sha 11 otherw i se be perm i t ted I~h i ch is or' would reasonably be detrimental to the neighbor'h,)od residents or' which \~ould inter"ere with the r'easonab 1 e use and enJoyment o' the i r' pr'oper ty by r'e,3son o' the em i ss i on o' dus t, smoke, odo~, glare, noise, vibration, trash, Junk, I.,ater' spray, or by r'eason or any condition which would amount to a publ ic nuisance. Use Re9..uJa_~l.o[l?: A bu i 1 ding or prem i 'se sha 11 be used only 'or the 'ollowing purposes: See Schedule o. Uses and Article II, Section 4. Heiqht R..E".9!1..1..".!.Lorl?"-. No building shall exceed one hundred twenty (120') 'eet. Ar'ea ReQul at i or!.!;;_=- Side Yar'd Setback: No minimum, e:x:cept that 'a side yard o' not less than twenty-five (25') 'eet in width shall be provided on the side of the lot adjoining or across a side street 'rom a residential district. Rear Yard Setback: No minimum. Area o' Lot: The minimum area o' the lot shall be ten thousand (10,000) square 'eet. Width o' Lot: shall be one building line. The minimum width o' the lot hundred (100') 'eet at the Minimum Depth o' !cg,t;: The minimum depth o' the lot shall be one hundred (100') 'eet. ~r'k i n?J."~e9ul at ions: (See Article XXII _S i gn Regu 1~_Lon.s.: (See Sign Ordinancel Accessory Buildin~ No accessory building, as permitted herein, shall occupy more than 'orty (4,0%) per"cen t o' the r'equ i r'ed rear' yar'd. Accessory buildings shall be set back three (3'1 'eet 'rom the rear property 1 ine, provided -21- 5.9 ARTICLE XVI See: t i on 1 See t j on 2 Section 3 3.1 -, 3.2 3.3 however, that where the rear 1 ine o' the lot is the 1 ine of an alley twenty (20' I feet or more in width, no setback shall be required. No accessory buildings shall be constructed in the 'r'ont yar'd or' an easement. _F~JJ,p~.~. ... .REO!.qLJuLl"ed: Where District abuts residential 'ence is required with a eight (8') 'eet. a Genera 1 Bus i r1.~ss lot(sl, a privacy minimum height o' MANUFACTURING DISTRICT (LIGHT I M-l Use Regul at ions.:." Light manu'actur' i ng pr'ocesses which do not normally emit detectable dust, odor, smoke, gas, or 'umes beyond the boundary property 1 ines o' the lot or tract upon which the use is located or' beyond the boundary 1 i ne o' the M-l Manu'acturing District zoned lot which is generally perceptible in frequency or pressure above the ambient level o' noise in the adjacent areas. A building or premise shall be used only for the 'ollowing purposes: Sec, Schedule o' Uses and Ar'ticle II, Section 4. Heiaht Requlat~9ns: No building shall exceed one hundred twenty (120'1 'eet. . tir:ea R~9.LJJ_at i 01'_5.:. Side Yar:<:I.__.p!!J,p.i!I.<:::..k.! No minimum, e:>:cept that a side yard o' not less than twenty-'ive (25'1 'eet in width shall be provided on the side o' the lot adJoining or across a side street 'rom a residential district. No parking, storage, or similar use shall be allowed in required side yards or side street yards in M-l Districts. Rear Yar~.___~~tpack: No rear yard is required, except that a rear yard o' not less than .i.ty (50'1 'eet in depth shall be provided upon that portion o' a lot abutting or across a rear street 'rom a residential district, except that such yar'd requ i rement sha 11 not app 1 y wher'e the property in the residential district also backs up to the rear street. No parking, storage, or similar use shall be allowed in required rear yards in M-l Districts within twenty-'ive (25' I 'eet o' the rear property line. Area o' Lot: The minimum area o' the lot shall be ten thousand (10,0001 square 'eet. -22- 3.4 3..~j 3.6 3.'7 ARTICLE XVII See t i on 1 Sect i on 2 See t j on 3 :i-~ 3.1 3.2 ARTICLE XVII I Section 1 Width shall 1 i ne. 9J'__l"g.t,. The m i n i mum wid th o' the lot be one hundred (IOO')'eet at the building .Minimum Degth.JJ' Lot: The minimum depth o' the lot shall be one hundred (100') feet. . Par'k ingRefl.lol.lEl"tl.90s: (See Ar't i c 1 e XX I) Sian f3,?...lli,!J_at i o,:!,?".:_ (See Sign Ord i nance) MANUFACTURING DISTRICT (HEAVYI M-2 . Use Regl,,'-La t ions:. Any manu 'ac tur i ng, i ndustr i al servicing or storage process not prohibited by law and upon approval by the City Council in acrn~dance with the Speci.ic Use Pe~mit pr'ocedure established in Article XXII. A bl.l i 1 ding or' prem i se sha 11 be used on I y 'or' the 'ollowing purposes: See Schedule a. Use~' and Ar'ticle II, Section 4. HeiQht Requlations: No building shall exceed one hundred twenty (120') 'eet. Ar'ea Reg.!.LL~~~_19r~_?~__._ Side Yard Setback: No minimum, except that a side yard of not less than twenty-'ive (25' I 'eet in width shall be provided on the side o' the lot adJoining or across a side street 'rom a residential district. No parking, storage, or similar use shall be allowed in required side yards or side street yards in M-l Districts. Rear' Yar'd_ Setb~ek: No rear yard is requ ired, except that a rear yard o' not less than .i.ty (50'1 'eet in depth shall be provided upon that portion o' a lot abutting or across a rear street 'rom a residential district, except that such yard requirement shall not apply where the property in the residential district also backs up to the rear street. No parking, storage, or s i mil ar use sha 11 be all ClI.,ed in requ i red rear yards in M-l Districts within twenty-.ive (25'1 'eet o' the rear property 1 ine. PLANNED UNIT DEVELOPMENT Planned Un i t Deve 1.!J.fImen..1:-'-. It 'or properties in the City accordance with the, Master approved in advance o' may be desirable to be developed in Plans prepared and development. To -23- encourage such Planned Unit Development, regulatory provisions are provided as follows: 1.1 Use RequlatL()IU_ When any proper'ty is designated as being within the Planned Unit Development, a bu i I ding or pr'em i se sha II be used on I y for' uses identified in the Schedule of Uses (Appendix AI for the applicable district identified and approved on the Master Plan, with the following types of r'estr l-ct ions: 1. Minimum size ten acres and mix of not less than three (31 types of zoning. 2. No use of any portion of Planned Unit Development Districts shall be permitted which is of fens i ve by reason of odor', fumes (nox i ous or toxicl, dust, smoke, heat, vibration, illumination or glare, noise or pollution, electrical disturbances, radiation, drainage, excavation or any use which is hazardous by r'eason of excess i ve danger of f i r'e or e>':p 1 os i on, or which is in violation of the laws of the United States or the State of Texas or any subdivision thereof. 3. The height, minimum lot sizes, parking, signs, building setback 1 ines and other requirements will apply to all districts identified and approved on Master Plans for a Planned Un i t Development. When any ar'ea has two or more districts identified for that area of the PUD, the most restrictive district requirements will apply. 4. Provisions should landscaping and land complement each other existing and proposed land be made uses and for' str'uctures, to creatively harmonize with in the vicinity. uses 5. Light Manufacturing, General Business, Office and Professional District of any combination are per'mitted, hot-lever, no operations are permitted outside of buildings and outs i de storage must be scr'eened as not to be visible from the street or from any adJoining tract. Any operation which entails the discharge of any gas, steam, smoke or any other ern i ss ions or. by-'produc ts mus t be spec i fica 11 y approved by a Specific Use Permit. 6. Recreation Area and Open permitted, provided provisions are the upkeep of the area. Space are arranged for -24- 7. The developer has an option to Schedule of Uses from Appendix distr'ict identified on the Master can become part of the zoning 'or Unit Development. i dent i fy the A for any Plan, which the Planned 8. Par'king areas must or'der' . lots, driving surfaces and storage be paved and maintain~d in good 1.2 "procedyres: 1. The provisions of Article XXI Amendments sha 1 1 govern the rev i el~ and pr'ocess i ng of each application for a Planned Unit Development. 2. The developer must submit a Mastel" Plan identifying each district of the Planned Unit Development and including any Schedule of Uses fr'om Appendix A, if appl ieable. Master Plan and Schedule of Uses shall become part of the zoning change ordinance when the Planned Unit Development is approved. 3. Master' Plan sha.1...L..<;,ho\., the following: (a) date, scale, north point, title, name of owner and name of person preparing the plan, (b) location of e)(isting boundar'y 1 ines and dimensions of the tract, ", (c) center 1 ine of existing watercourses and drainage features, Cd) provisions for ingress and planned for the property, egress Ce) access from a publ ic street, ('I identify proposed area for each district in the Planned Unit Development, (g) number of acres o' each district, (h) number and density of housing units proposed per gross acre, (i) identify areas proposed to be conveyed, ded i cated or' reser'ved for' par'ks, parkl~ays, playgrounds, school sites, recreation areas, open spaces, publ ic buildings and similar publ ic and semi-pub! ic uses and number of gross acres for each, -25- (J) landscape planned along the boundary of district of a Planned Unit Development to a depth of twenty-Five (25'1 feet, (k) a copy of all agreements, provisions or caverlants which" govern the use, maintenance and continued protection of the Planned Unit Dl?!ve I opmen t, (I) vehicular and pedestrian planned, cir'culation (ml screening walls or fences and other development and protective requirements considered necessary to create a reasonable protection of the adJacent property, (nl a representation of the general character of land adJacent to the Unit Development ar'ea I'Jithin t,~o ( 200' I fee t . use and Planned hundred 4. Any known variations from the Zoning or Subdivision Ordinance should be submitted with site plan for approval to be included with the Master Plan. Specific Use Permits or classification of New or Unscheduled Uses as identified in Article II, Section 4, should be submitted with the Master Plan. '. 5. The Planning and Zoning Commission may recommend and City Council may impose conditions relative to the standards of development and such conditions shall be compl ied with before a Certificate of Occupancy is issued for' the use of the land structure, which is part of the development. Such cond i t ions sha 11 conditions precedent to Certificate of Occupancy. not be construed as the granting of a 6. The approved Master Plans will be considered in all platting required by the Subdivision Ordinance. The Planning and Zoning Commission I'Jill insur'e the platting of the Planned Unit Development follOl~s the permitted zoning and schedule uses identified and approved on the Master Plans. The Planning and Zoning Commission must insure any self-imposed requirements submitted on or with the Master Plan are clearly identified on the recorded plat for any part of the Planned Unit Development. -26- Section ARTICLE X I X Sec t i on 1 1.1 1.2 The Building Official will insure the planned use is in accordance to the approved district identified on the Master Plan and, if applicable, Schedule of Uses before issuing a building permit. 7. Any desired change in zoning or Schedule of Uses of any part of a Planned Unit Development different from the approved Master Plan or recorded plat shall be considered an amendment to the Zoning Ordinance and shall be processed in accordance with Article XXII. 2 Any development approved Res i dent i a 1 Un i t Development now be classified as a Deve 1 opmen t. as a Planned D i s tr i c t ,q i 11 Planned Unit OVERLAY DISTRICTS Spec i a lOver 1 <!L ____D_L;;j;r~c:j;? (Or-d i nance 85-S--2, March 19, 1985) Autt'or~i zed USfJ: The City Counc i I of the City of Schertz, Texas after a publ ic hearing and pr-opf:r- not ice to all par.t i es ef fee: ted, in accordance with the notice procedures prescribed under Article XXII for amending the Zoning Ordinance, and after recommendation by the Planning and Zoning C~nmission, may establ ish Overlay Districts. Pur'po~f~:_ Spee:ial Over-lay Distr'icts may be establ ished when it is determined additional zoning r-equir-ements, as author-ized by this Ordinance, ar-e appl icable to cer-tain ar-eas with the City. This Special Over-lay Distr-ict will not change the existing zoning classification and it's restr-ictions, but may alter- requirements for- the pur-pose of promoting the health, safety and general welfar-e of the City. The following ar-e examples of, but should not be r-estr-icted only to these, r-easons for- establ ishing a Special Over-lay District. 1. Air- tr-affic patter-ns and location of proper-ty in r-elationship to airpor-ts and r-unways which may r-equir-e additional height restrictions, building requir-ements, and may be used to r-estr-ict use to avoid a high intensity of people in accident potential areas for the safety of the pub1 ic. -27- See t i on 2 '- 2.1 ':> ':> fHH. '- 2.3 2. Establ ish r-equ ir'ements for' r-etent ion ponds and landscaped buffer- ar-ea to control erosion, run-off and dr-ainage, and can include replacement or planting of trees because of the destruction of the natur-al water-sheds because o' development. 3. Establ ish requ ir'ements, includ ing but not limited to, signs, building setback lines, 1 imited dr-iveways, land ber-ms, hedges, screening, architectural and aesthetic standards to contr-ol and 1 imit potential distr-active hazards and including glare and noise associated with vehicular- tr-af'ic. 4. Flood hazar-ds special restriction beyond the normal Flood Ordinance requirements to establish higher base floor elevations, additional setback from Plood hazardous area, and other applicable contr-ol to prevent er-osion, run-o", damming and other perils associated with destruction of property due to floods. 5. Establ ishing requirements for- special r-estrictions for protecting, maintaining and p."ese.-'v i ng hi stor' i ca land cu I tur'a 1 items, arti'acts, structur-es or objects as deemed necessary for pr-eser-ving and protecting our her'i tage. Spec i a 1 Over'l ~_[)i?tt":j cj; FI'13009 (Ordinance 85-S-10 May 21, 1985) Locat LQ[L,_ To a depth o' thr'ee hundr'ed (300') 'eet in any direction along the right-of-way o' FM 3009 within the City o' Schertz. _Ob..LE!c:1;iye: To pr-ovide a safe through street avoiding excessive traffic signals, congestion and distr-actions, which includes pr-otecting the natur'al envir'onrnent and '~ater'shed, in tur'n providing an attractive development site and entrance to the City. Requir'ement~_;_ To achieve the objective of the FM 3009 Special Over-lay Distr-ict, the following additional zoning r-equirements are establ ished 'or this location: (a) Landscaped Buf'er' or' Scen i.c:__E~?em~o.:t: A continuous twenty (20') foot wide landscape buffer or scenic easement will be provided contiguous to the FM 3009 right-of- way. Existing trees, especially the Live -28- Oak tr-ees, will be pr-eser-ved if at all possible. Trees, as necessar-y, ,qill be planted to pr-ovide an aver-age density o' one II) tree (pre'erably Live Oakl per twenty (20') feet along FM 3009. The landscaped buPfer area shall be modified and gr-aded to blend with the right-o'-way planted with clean massing o' low maintenance plant mater-ia1. The grasses used should be clump types and not overly aggressive. Native gr-asses, such as Nezpar Indian Ricegrass, sand lovegrass, side oats grama, bluegama are recommended with a mixtur-e o' wild flo",er' seed. The bu'fer ar'ea shall be designed to provide for- dr-ainage detention, controlling the run-off based on a ten 1101 year' fl"'equency des i gned in such a manner' for' stor'm \qater flo\q not to e:x:ceed four 14') 'eet per- second velocity. Irrigation o' this 1 andsc'~ped buffer' is encouraged and maintenance will nor-mally be the responsibil ity of the owner to the paved sur' face. No tr-ees or' hedges can be plan ted within ten (10") feet of the paved right-of- ",ay. ". Ib) Of f-Str'eE!t Par'kln.9.L Par'k i ng ,q ill be permitted adjacent to the continuous landscaped bu' fer' ar'ea a long FM 3009. O' f- str-eet parking may encroach ten (10') feet into the required landscaped buffer ar-eas when the land contours and other- conditions permit. However-, par-king and vehicular use ar'ea cont i guous to FM 3009 r' i ght-of-lqay shall have land berm walls or hedge to r-educe vehicular reflections and distr-actions onto traffic travel ing FM 3009. No par'k i ng ,q ill be per-m i tted on the FM :3009 right-of-way. All o'f-street par-king spaces must be cleal"'ly mar-ked and paved hard asphalt or- concrete surface. .Ic) Driveways and Access to FM 3009: Accesr,,, to FM 3009 will be I Iffiltecf-to-p-rov i de for- safe traffic flow, and design shall provide inter-ior- drives to 1 imit the number of access to this roadway. Contiguous paved safety and fire lanes should be used to 1 imit the amount of access to FM 3009 and be stubbed out to adjoining proper-ty to be continued with future development. Interior traffic flows shall have land berm or- hedge to r-educe vehicular reflections onto traffic travel ing FM 3009. -29- Right turn acceler-ation/deceleration lane or marg i na I access r-oad sha 11 be r-equ ired ,.hen driveways ar-e closer than thr-ee hundr-ed (300') feet along FM 3009. Regar-dless of the spacing o' dr-iveways, right turn acceleration/deceleration lanes shall be pr'ov i ded at each dr' i veway wh i ch has an average da i 1 y vol ume o' more than one thousand ( 1 , 000 ) veh i c I es or' an aver'age inbound peak hour volume of fi.ty (50) right tur'ns or. mor'e. Access to FM 3009 shall be planned to match existing access or land ccmditions on the opposite side of FM 3009. All driveways shall be constructed with concrete from the property I ine to match the FM 3009 pavements, ded i cated str'eets may be asphalt. All driveways shall have a minimum sight distance o' two hundred forty (240') feet. Safety and fir-e lanes shall pr-ovide open space to per'mit ver'tical vehicular clear-ance of thirteen and six tenths (13.6') h!et. " (ell 8uildinq Setbackj"jne: No building will be permitted within fifty (50') feet of FM 3009 r'ight-.o''"''~Jay I'Jhich will include signs, banners, pennants or flags of any type e){cept as pr'ovided for' belDl", The r'equir'ed fifty (50') 'oot building setback 1 ine may be adjusted, by the Planning and Zoning Commission, l"hen it is deter'mined the requiremerlt is too restrictive or existing str-uctures are alr-eady in place. These exceptions, will nor-mally, only be granted in residential developments; hOlqever', exception can be gr-anted in cer-tain cases in commer-cial development. Exception can only be gr-anted when it is shown there is undue har'dsh i p or e:>~tens i ve expense due to the contours o' the land, drainage or- odd-shaped lots. Authorized accessory buildings, being placed in rear yar-ds of residential developments abutting FM 3009 right-of-way, must have scr'eens as pr'ov i ded for' inSect ion F. " (e) Sign Restr.ic1;ion: No signs, banners, pennants or flags of any type, including charitable ser-vices or appeals and pol itical ser-vice or appeals, shall be erected or maintained in this distr-ict except in conformity with the 'ollowing requir-ements or' other' r'equ i r'eroen ts o' the Zon i ng Or-dinance of which the most restricting -30- provision shall prevail. No signs shall be per-mitted to be placed in the r-ight-oF-way of FM 3009 except as indicated in Item 12 belOlq. 1. Signs visible from the exter-ior- o' any building may be I ighted, but no signs or any ather contrivance shall be devised or constructed so as to rotate, gyr-ate, bl ink or'move in any anirnated fashion. 2. Signs shall be restr-icted to advertising only the per-son, firm, cornpany or- cor'porat i on opera t i ng the use conducted on the site or- the product sold or produced ther-eon. A multi-tenant building sign may be per-mitted on common pylon sign to suppor-t individual t'''l1ant identification signs. 3. All signs which ar-e attached to the buildings must be flush-mounted and shall not project above the r-oof line. 4. Signs painted dir-ectly on exter-ior- sur-face of a wall shall per'rn i t ted. the not be 5. Special purpose signs and dir-ectional and tr-affic contr-ol signs shall be approved by the Planning and Zoning Commission prior to their construction. Special purpose sign shall be of a low pro.ile type with a height normally not to e:,<ceed . ive (5') feet. Spec ial purpose sign may be used to announce an entrance to a major residential or cornrner'cial development or pr'oJect. Permission to have a special purpose sign will not normally be granted to a development with less than two hundred (200') feet of frontage along the right- of-way of FM 3009. Special pur-pose sign may be permitted in the center island of the entrance and exit of a development site, but must be placed in such a manner so as not to obstr-uct the tr-affic vision and cannot be placed in the FM 3009 r' i ght-'of-way. 6. Each business is per-mitted to have one (1) low pr-ofile type sign not attached to the building. The sign shall be approved, by the Planning and Zoning -31- Commission, prior- to constr-uction. Sign shall be a low profile type, nor-mally not to exceed .ive 15') feet, and the maximum allolqed size does not e:,,;ceed for-ty one- hundredths 10.40) squar-e feet for- ever-y 'oot o' 'rontage along FM 3009 right-of- way with a maximum size o. one hundred (100) square 'eet allowed. 7. Displaying the flag of the United States o' Amer-ica and the Texas 'lag is per-mitted behind the required building setback I ine. Flag shall not exceed 4 x 6 'eet and height of pole cannot exceeed twenty-'ive (25') feet. 8. Temporar-y Development signs, as descr i bed e 1 sel.,here in the Zon i ng Ordinance, announcing or describing a legally appr-oved subdivision or- land deve 1 opmen t may be tempor'ar'i I y er'ec ted by obtaining approval from the Planning and Zoning Commission. These signs must be located at least ten (10') feet fr-om any driving surface. These signs shall be maintained and kept attr-active during their time standing. The Commission will establish the time period the sign will be permitted and cause the removal of said sign as authorized in this district. 9. Temporary sign pertaining to the lease, rental or sale of premise or- struc tur'e located ther-eon is per'rn i tted ,qhen 1 oca ted on such pr'ern i se or' structure. Such sign shall not be 1 ighted and shall not exceed fi.teen (15) square feet in area. These signs must be located at least ten (10') 'eet from any driving surface. These signs shall be maintained and kept attractive during their time standing. The Planning and Zoning Commission can cause the removal of these signs as authorized in this district. 10. No advertising vehicle, por-table sign or bench sign per'rni tted. trailer', shall be 11. Banners and pennants may be per-mitted for a period not to exceed ten (10) days 'or' gr'and open i ngs. However', pr' i or' approval shall be obtained from the Planning and Zoning Commission. -32- 12. Directional signs, commonly re'erred to as "bandit signs'!, identifying new or special pr-oJect shall have prior approval of the Planning and Zoning Commission. Use of these signs shall be restricted to weekends between 3:00 P.M. Friday to 10:00 A.M. Monday and limited to no more than ten signs per event. Signs normally will require spacing every five hundred (500') feet with size restricted to 2 x 2 feet. The Commission at the time of approval shall establ ish the size, location, number, height, spacing and time period for sign to be displayed in this district. These restrictions also apply to garage/yar-d sales, pol itical and charitable signs. These signs will not be permitted in ar-eas that might obstruct the tr-a'fic vision. Appl icant will be responsible for checking with utility compan i es on the 1 ocat i on of under'gr'ound ut i 1 it i "'So 13. All signs shall be maintained and present a appearance at all times. per'petually fresh-look i ng (.) Outdoqr~.~9r~ge $~reens: No materials, suppl ies or equipment, including any tr-ucks or- tr-ailers, shall be stored or parked in any area in this district. Garbage and refuse containers shall be concealed by means of a scr-een or placement behind the buildings so that containers cannot be Seen from the frontage along the building setback line. Screens and fences shall for-m a complete opaque screen, be of minimum height of six (6') feet or- the height of the ma ter' i a I be i ng scr'eened, wh i chever' is higher-. The materials used for scr-eening may be o' plants and/or- sol id fencing compatible with other design elements on the building site. Fence enclosing portions o' the proper'ty sha 1 1 be per'm i t ted pr'ov i ded they do not encf"oach on the requ ired building setback lines. Exception to the 'ence requirements is per-mitted in residential development ,qhen the f"ear or' side yard abuts the FM 3009 right-of-way. All screening materials including fence shall be perpetually maintained and present a 'r-esh looking appearance at all times. All mechanical equipment, util jty meter-s, roof mounted materials and stor-age tanks -33- sha 11 be scr'eened from view compa t i b 1 e with other- design elements. (gl Sidewalks: Rein'orced concrete sidewalks, four- (4') 'eet wide, shall be re.'qu i r'ed cont iguous to FM 3009 along the property 1 ine. Exception to this requirement may be appr-oved by Planning and Zoning Commision when it is determined another method o' pedestrian circulation along FM 3009 is acceptable. (h) Exter'ior' Constructioo: All buildings sha 1 1 be of masonry cons truc t i on or- it's equivalent or- better; finished with concr-ete, brick, stone, glass or their equivalent. Developer's wi II establ ish exter-ior design standards to be complete with other- sur-rounding design elements. ( i) Ut i I i );j.~s_: under'gr'ound. All uti lit i es tq i 11 be (j) Natyr'i'll.Envir'onment: Live Oak eight 18") inches or mor-e in diameter not be removed 'rom this distr-ict. plans shou 1 d pr'ov i de for' these pr'oviding island in par'king lots landscaping surrounding structures. tl"oees should Si te t,....ees, and " (k) Land Use: All sales and ser-vice activities must take place indoor-so Exceptions for- the following outside sales and service may be granted by the Planning and Zoning Commision a.ter- approval o' the site constr-uction plans: 1. Drive thr-ough banks 5. 2. Fast food 6. 3. Service station 7. 4. Child care center 8. Telephone stands Net',spaper stand Nur'ser-y sa 1 es Restaurant patio 2.4, Non-Confor-mance: Non-con'or-mance with this District will be identified within one hundred eighty (1801 days after the e"ective date by the Planning and Zoning Commission and/or- the City Building Official. Appr-opriate action as identified in Article XXVII o' the Zoning Ordinance will be taken to noti.y responsible party or parties to repair- or remove non- confor-mance within ninety (90) days. The Commission shall have the authority to grant a time extension normally not to exceed an additional ninety (901 days from the original -34- See t i on 3 3.1 '- notification and under no circumstances will a non-conformance be permi tted a.ter- thr'ee (3) years from the ef'ective date o' this district. Should the r'esponsible party or par'ties, after- due noti'ication, 'ail to correct violations o' this district; the City shall cause such non- confol"'mance to be cor'r'ected. The City sha 11 also file against the property a I ien in the amount of the cost of such work. Air Insta 11 at i on Co~a_1;.l_~~ Use_.__._Zon_~ n QXE'1^1 ay Distr ict (AICUZ) AICUZ 1. Any development o' land within the AICUZ will be re'erenced to the Planning and Zoning Commission 'or- consider-at ion of a Specific Use Permit in accordance with ARTICLE XXII, Specific Use Per'm its. 2. In considering land uses within an AICUZ Over'lay District, the Planning and Zoning Commission ,,,ill consider' only "Jr'itten r'equests for land uses identified in the Air- For-ce Sase Air Installation Compatible Use Zone most recent study, publ ished and distributed by Randolph Air For-ce Sase Operations. Any land use requested not included in Table IV-l "Land Use Compatibility Guidelines" o' the AICUZ study will be placed within one of the compatible land use categories by the Planning and Zoning Comm i ss i on and cons i der'ed accor'd i ng I y. 3. (AICUZ) Sj:>ec i a_l_()Vel^.!..)I.R.iE'tr:: i ct a. Location: Areas identi.ied by Randolph Air Force Sase Air Installation Compatible Use Zone most r'ecent study publ ished and distributed by Randolph Air Force Base Fl ight Operations Branch identify areas within the Accident Potential Zone and those areas subject to high levels of noise 'r'om a ir'cr-a.t. b. Objective: To pr-ovide land use restrictions for- health, safety and welfare of the citizens because of the e'fects of noise fr-om aircraft, and the high probabil ity of aircraft accidents, while protecting the operational capabil ities of Randolph Air Force Base. -35- ARTICLE XX See t i on 1 -. Sec t i on 2 2.1 2.2 2.3 c. Land UseR.e?.~J::jl;J ions: Author' i zed use within the Accident Potential Area will be restr-icted to those uses having a low intensity o' population during the training mission o' Randolph Air Force Base, and. will be restrIcted to those uses identi'ied in the Air Installation Compatible use Zone Study. These areas identified as being subject to high levels o' noise 'rom aircraft will be required to install noise reducing insulation in str-uctur-es as identified in the Air Installation Compatible Use Zone Study. Land uses within an ar-ea under- this Special Over-lay Distr-ict will be considered new and unscheduled uses and will be considered under' Ar'ticle II, Section 4, this Ordinance, and Table IV-l "Land Use Compatibility Guidelines" in Air' Installation Compatible Use Zone Study. HEIGHT AND AREA SPECIAL CONSIDERATIONS Overa 11 .J::I.!tigll.L~!lcL. . Ar'ea_ReguJat LC)[1s:_ E:":cep t as pr-ovided herein, no building or- structur-e or part ther'eo' shall be er'ected, a1 b:=r'ed or' con- verted for any use per-mitted in the district in which it is located unless it is in con'ormity with all the minimum regulations speci.ied herein for lot areas, lot width, lot depth, d"Iel1 ing unit af"ea, 'r'ant, and side and r'ear' yards. Spec i a 1 He .!JLJ':1!..and_Ar'e,!Coo?JJ:lR"ati QQE;. Heiqht: In the distr-icts where the height o' buildings is restr-icted to thirty-five (35') 'eet, cool ing towers, r-oo' gables, chimneys and vent stacks may extend for' an add i t i ona 1 height not to exceed forty (40') feet above the average grade 1 ine o. the building. Mixed Use 8uilA.il1g: In a building serving dwell ing and other uses, in any distr-ict, the height and area regulations appl icable to non- residential buildings shall apply. Front Yar<;ls: 1. Wher-e the 'rontage on one side of a street between two intersecting streets is divided by two or more Zoning Districts, the 'ront yard setback shall comply with the requirements o' most restr-ictive district for- the entir-e -36- 'r'ontage another. fr'om one inter-secting street to 2. Wher-e the building establ ished by plat and ments of this OrdInance, setback I ine shall apply. setback 1 ine has been exceeds the r-equire- the most r'estr'ictive 3. The 'r'ont yar'd shall be measur'ed 'r'om the property I ine to the front 'ace o. the build- i ng, cover'ed por'ch, cover'ed ter'r'ace, or' attached accessory building. Eaves and roof extensions may project into the required front yar'd, not to e:'~ceed tl"O (2') feet. Fence or sur-face str-uctures shall not exceed 'orty-eight (48") inches in height. 2.4 Side Yard21 Ever-y part of a required side yard shall be open and unobstructed except for- accessory buildings as permitted her-ein and the ordinary pr-oJections of window sills, belt courses, cor-nices and other ar-chitectural fea- tures projecting not to exceed twelve (12") inches into the required side yar-d, and roof eaves projecting not to exceed twenty-'our (24") inches into the required side yard, except that no pr-oJection shall be permitted closer- than t(qel ve (12") i nche~' to a common pr'oper'ty 1 ine. '".) CoR '-.. "J Rear' Yar'ds: Ever'y par't o. a r'equ i r'ed r'ear' yar'd shall be open and unobstructed to the sky from a point thirty (30") inches above the gener-al ground level of the graded lot, except Por accessor-y buildings as permitted and the or-di- nary projections o' window sills, belt courses, cor-nices and roof overhangs and other- ar-chitec- tural 'eatures projecting not to exceed ten (10') feet into the required rear yar-d. " .'. 2.6 Court StandaI~d_~: The m i n i mum d i mens ions and area of outer or inner courts pr-ovided in buildings occupied for- dwelling purposes shall be in accordance with the following provisions: 1. _ Outer Cour'ts RE!~Ldel'lt.Lal _.. Str:,,!c.ture: For' residential structures thirty-five (35') 'eet or- less in height, any outer court which is used for' access o' I i gh t or' air' or' wh i ch may be used 'or emergency access pur-poses shall have a minimum width equal to the depth of the court; but the width o' any such outer- cour-t need not e:x:ceed t~Jenty (20') feet even though the depth of the court may exceed such dimension. -37 - 2.7 2.8 ARTICLE XXI See t i on 1 >, Section 2 2. Inner Cour'ts Residential $J:.r.:!Jj;:_tJ,tr~.?_: For' residential structures thirty-'ive (35') feet or- less in height, any inner- court which may be used for emer-gency access purposes shall have ro i n i mum d i mens ions in the 1 eng th of the r'oo' or' eave at the top of the wall enclosing such court; but neither- the width nor- length of the base o' such inner cour't need exceed th i r'ty (30') feet, even though the height of the enclosing walls may exceed such dimension. ParkinQ RegUlations: (See Ar-ticle XXI) Sign Regulations: (See Sign Ordinance) PARKING REGULATIONS Pur'pose: It is the pur'pose of th i s sect i on to establ ish the guidel ine. for ofF-str-eet parking space consistent with the proposed land use to: 1. Eli m i na te occ:ur'r'enC:E.' of non--I"'es i den t on- street parking in adjoining neighbor-hood; 2. Avo i d the tr'aff i c safety hazar-ds caused by such parking space; congestion and publ ic a 'ailure to provide 3. Expedite the movement of traffic on publ ic thoroughfar-es in a safe manner- and thus increasing the car-rying capacity of the str-eets, reducing the amount of land r-equir-ed for- str-eets and the cost to both the property owner and the Ci ty. Off-Street Par'lD.!l9_anJLh,g<l~LLng_Fl!i!.qu i r'ements: Schedu 1 e o. gfJ_-=?tr'ee.1;. F'Cir:ki ".9 Flegu lat ions: Type of Generator- Unit Minimum No o' Spaces Per' Un i t One and T,qo Family Dwell ings Dwell ing 2 Mu 1 t i F am i I Y Dwell ings and To,qnhouses Dvlell i ng 2 Rooming or- Boarding Houses Sleeping Rooms 1/2 -38- Frater-nity or Beds 1/4 Sor-ority Pr' ivate Club Mernbers 1/5 or Lodge Chur'ch or' Seat 1/5 Temple School <except Seats in Aud i tor i um high school or college) Seat 1/10 Seats in Cl assr'oom Cl assr'oorn 3 College or High School Seats in Seat Aud i tor' i urn 1/8 Seats in Classroom Cl assr'oorn 3 Countr'y Club or Gol' Club Community Center, Libr-ary, Museum or Ar-t Gallery 0-"2,000 Squar'e Feet 2,000 + Squar-e Feet Mernber-s 1/5 Total Square Feet 10 1/300 Hc)sp i ta 1 Beds 1/2 " >, Sanitarium, Conva- lescent Home, Horne for the Aged, or- Similar Institution Beds 1/4 -, ~?-- Theater or Audi- tor-ium <except school) Seats 1/4 Spor ts Ar'ena, Stadium or Gymnasium Seats 1/5 Hotel Sleeping Rooms 1/3 Commercial Floor' Ar'ea Squar-e Feet 1/200 Tour-ist Home, Cabin, or' Motel Sleeping Rooms 1 -39- Dance Hall, Assembly or E>,h i bit Ha 1 1 Square Feet 1/100 Business or Pr'ofess i ana 1 Office, studio Bank, Medical or Oental Cl inic 0-1,000 Square Feet 1,000 Square Feet Total Sq. Ft. 3 1/200 Bo~,ling Alley Alley 4 Moortuary or Funer'a 1 Horne Seats 1/4 Restaurant, Night C'lub, Cafe or' S i rn i 1 ar Recr'e- a t j on OF. Arou s€.~- ment Establ ishment Seat 1/3 Reta i 1 Stor'e or Personal Ser-vice Establ ishrnent Square Feet 1/200 >, Fur'n i tur'e or Appl i ance Stor'e, Har'd,.,are Store, Wholesale Estab- 1 ishments, Machi- nery or Equipment Sales and Ser-vice, Clothing or- Shoe Repair, or Service Shop 0-1,000 Squar'e Feet 1,000 + Square Feet Total Squar'e Feet 2 1/300 Pr' int ing or' Plumb i ng Shop or S i rni 1 ar' Ser'vice Establ ishment Employees 1/3 Manufacturing or Industrial Estab- 1 i shment, Research or Testing Labora- tor-y, Crearner'y, BottI ing Plant, Warehouse, or- Similar Establ ishment Employees 1/2 -40- " .'.". 2.1 Pr'ov i s ions 'or' Deter'm i n i no__j;h~__.I\I\J_I'!ll:l.~L. Loca t ions ..9J'_L<ilr:IiLn--9__Spaces: In comput i ng number' o' such park i ng spaces r'equ i r'eel, 'ollowing r-ules shall govern: of the the 1. uFloor- ar-ea" shall mean the g""-055 floot", area of the specific use. 2. Where fractional spaces spaces required shall be nearest whole number-. result, the parking constr-LJed to the 3. Whenever- a building or- use constructed or establ ished after the effective date o' this Ordinance is changed or enlarged in 'loor- area, number of dwell ing units, seating capacity or other-wise, to cr-eate a need for- an incr-ease o' ten (10%) percent or- more in the number of existing parking spaces, such spaces shall be pr-ovided on the basis of the enlar-gement or- change. Whenever a building or use existing pr-ior to the ef'ective date o' this Ordinance is enlarged in 'loor are. or- in the are. used, said i mpr'ovemen t or' use sha 11 then and ther'ea f ter- comply with the par-king requirements set 'or-th her'ein. 4. In the case of spaces required shall requirements of the separately. mixed Llses, the equal the sum vat"" i QUS uses par'k i ng of the computed 2..2 All par-king spaces r-equired her-ein shall be located on the same lot with the building or- use s€.~r.ved, e,<cep t tha t \.Jher'e an i ncr'ease in the number of spaces is r'equ i r'ed by a change or enlargement of use or where such spaces are provided collectively or- used Jointly by two or- mor-e buildings or establ ishments, the required spaces may be located not to exceed three hundr'ed (300') 'eet 'r'om an institutional building served and not to exceed five hundred (500') feet 'r'om any other' non-r'esidential building ser'ved. 1. Up to one hundr-ed (100%) per-cent of the parking spaces required for a church or church school auditorium may be provided and used Jointly by banks, offices, retail stores, repair shops, service establ ishments and similar uses not nor-mally open, used or- operated during the same hours; pr'ovided ho,qever', that I~r'itten agreement therefor-e is properly executed and filed as speci.ied in par-agraph "2". -41- 2. In any case wher-e the required parking spaces ar-e not located on the sarne lot or contiguous with the building or- use ser-ved, or- wher-e such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for purposes shall be proper-ly dr-awn and executed by the parties concerned, appr-oved as to for-m by the City Attor'ney and shall be .iled lqith the application for- a building permit. 2.3 Development and Ma i ntenal....f~.l:!.f__f'ar,k ing Ar'ea: Ever-y par-cel o' land hereafter used as public parking area, including commercial parking lots, automobile, far-m equipment, mobile home, tr'ailer', or' other' open-air sales lot, shall be developed and maintained in accordance with the following requirements: 1. Sur'fac i n.9..L Except as other'lq i se pr'ov i ded, all off-street parking areas shall be all- weather sur'aces, shall be installed, graded to dr-a in, and maintained so as to dispose of sur-Face water- accumulated within the area, 'or- all par-king areas for more than five (5) vehicles. Par-king spaces shall be sa arranged and marked as to provide for- order-ly and safe parking of vehicles. Sur'aces shall be subject to approval by the City Engineer. '. 2. _J.-..J.gI}_'tL~~q: Any 1 ighting used to illuminate an off-street par-king area shall be arranged so as to dir-ect or shield the I ight away from the adjoining premises in any residential district. 3. Number' of Off-'Str'eet..._..._EEr:.king Spaces Re'lu i r'l1!.d..:.. The number of of f'-street par'k i ng spaces r'equ i r'ed sha 11 be deter'm i ned fr'om Sect ion 2 of this ar-ticle, O"-Street Parking and Loading Requirements Table. The classification of uses referr-ed to shall be deemed to include and apply to all uses. 4. Of.,..Str'eet Load ing R_l1!..9ul.atjqn?: Ever'y bu i 1 ding or par't thereof erec ted or- OCCup i ed for- retail business, ser-vice, manu'acturing, storage, warehousing, hotel, mortuary, or any other- use simllar-ly involving the receipt or distribution by vehicles of mater-ials or- mer-chandise, shall pr-ovide and maintain on the same premise, loading space in accor-dance with the following regulations: -42- ARTICLE XXII See t ion 1 " See t i on 2 2.1 a. In the NS, Neighbor-hood Service and GB, Gener-al Business Districts, one loading space for the first 'ive (5,000) thousand to fi.teen (15,000) thousand square 'eet of floor area in the building and one additional loading space_ for each fraction ther-eo', of '100r- area in excess o' fifteen (15,000) thousand square 'eet. b. In the M-l and M-2 Manufacturing Districts, one load i ng space for' each ten (10,000) thousand squar-e feet or' fr'ac t i on ther'eof o' 'loor area in the bu i ld ing. c. No more than three e'f-street loading spaces sha 11 be requ i r'ed for any Ne i ghbor'hood Ser'v i ce or' Genera I Bus i neSS u~>e, nor' mor'e than five 0"- street spaces for- any Manufacturing use. AMENDMENTS Statemen:L_~.._. ..J:D..tent: For' the purpose o' establ ishing and maintaining sound, stable and desirable development within the ter-ritor-ial 1 imits o' the City, this Or-dinance shall not be amended e)(cept to cor'r'ect er"r' or' in the Ordinance, or because o' changed or- changing cOflditions in particular areas or in the City generally, or to rezone an area, extend the boundary of an exi~ting zoning distr-ict or- to change the regulations and r-estrictions thereo', all in accor'dance ,q i th the compr'ehens i ve plan. Amendment Limitation: Subject to the I imitations of the foregoing Statement o' Intent, an amendment to this Ordinance may be initiated by: 1. City Council on it's own motion; 2. The Planning and Zoning Commission; 3. Or' Pet i t ion. Changes and Amendments: Au thor' i ty: The City Counc i I in accor'dance with applicable state law may from time to time amend, suppl ement, change, mod i.y or- r'epeal the r-egulation standards and boundaries herein establ ished. In addition, a comprehensive review of the Zoning Ordinance text and map shall be made by the Planning and Zoning Commission for- the purpose of keeping the City current with development patter-ns and innovative -43- methods in zoning and examining existing land uses and changes in land uses made by developers and builders within the City in order to ascertain those areaS wher-e the patterns o' development are changing. The Planning and Zoning Commission,. at least every thr'ee year's shall f i 1 e a r'epor't and r'ecomrnendat i on ther.eon with the Mayor and City Council. The thr-ee year time period shall commence upon the date of the adoption of this Ordinance. 2..2 Application For changes to map as follo(.)s: and Pet.Lt.J.Cl!L..J9r' Amendrnent: the regulation and/or district 2.2.1 Any per'son, firm or' cor'poration petitioning the City Council for- a change in the Zoning District Map sha 11 do so upon for'rns pr'ov i ded for- such purposes by the office of the City Secretary and all petitions for changes shall be filed with the office o' the City Secretary fifteen days pr'ior' to the ne><t r'egular' session. Notice shall also be given to the City Secretary if said appl ication for- change or-iginates with any member of the City Councilor Planning and Zoning Commission. 2.2.2 Petitions shall be reviewed by the Planning and Zoning Commission at it's regular-ly scheduled meeting. The petition shall appear on the agenda that has been publ ished and distr-ibuted to thern not less than three days prior- to such meeting. The appl ication or petition may be recommended 'or- a public zoning hear-ing by the majority o' the Planning and Zoning Commission, i. the following conditions are met: '. .' 1. The requested change is in keeping with the compr-ehens i ve plan adopted by the City Counc i 1. 2. Ther-e has been economical changes which it's original zoning. environmental and/or warrants a change since 3. Gr'ant i ng incompatible pr.'oper'ty, or- cons i dera t ion o' the request would not cr-eate an use dif'erent from the sur-rounding show 'avor- to the pr'oper'ty under' 'or rezoning. (Spot Zoning) 4. Ther-e is an error in the original zoning o' the pr'operty 'or' ,qhich a change is r-equested. The appl icant shall be appropriate City Sta" the petition. advised in writing by an member- of action taken on -44- Section 3 3.1 3.2 " Procedur'e for' Amendmen t P.e>.tjj;i on =- Fil ing oj' Appl ication: All petitions for- amend men ts to .-thTs--Or'd i nance sha 11 be in writing, signed and filed with the City Secretary 'or- pr-esentation to the Planning and Zoning Commission. j;:ontenJ:;.?-_.!J_L..l'l'!t i t i on: All pet i t ions 'or amendments to this Or-dinance shall contain at least the 'ollowing: 1. The pet i t i oner" s name, addr'ess and i nter'est in the pet i t i on, as '~ell as the name, address and inter'est o. ever'y per':.on having a legal or an equitable interest in the land covered by the petition. 2. The natur'e amendmen t. and effect of the pr-oposed 3. A fully dimensioned map following will be pr-ovided: shol') i ng the a. The land which would be affected by the pr-oposed amendment, b. A legal descr-iption o. such land. c. The present zoning classi'ication of the 1 and. d. The zoning classi'ication of all abutting Zoning District. e. All publ ic and private rights-o'-way and easements bounding and intersecting the land under' cons i der'at i on. 4. If the proposed amendment would require a change in the Zoning Map, the names and addresses o' the owner-s of all land within the area to be changed by the proposed amendment. 5. The would be together' el"'r-or in deta i 1 ed amendment alleged er-ror in this Ordinance, which cor-rec ted by the pr'oposed amendmen t with a detailed explanation o. such the Ordinance, which is alleged, and reasons as to how the proposed will correct the same. 6. The changed or' changing conditions, i. any, in the ar-ea or in the municipal ity generally, -45- 3.3 Sec t i on 4 4.1 4.2 4.3 that make the pr-oposed amendment reasonably necessar'y. 7. Evidence that the petition is in accor-dance with the Comprehensive Plan. 8. All other- circumstances, 'actors and reasons which appl icant o'fer-s in suppor-t of the proposed amendment. Time Limitationst I' a petition for r-ezoning is denied by either the Planning and Zoning Commission or the City Council, another petition for r-eclassification of the same property or any portion thereof shall not be filed within twelve months from the date of denial. Pub Ii c Not ice and_--.!'r:.qceg!,Jre .for- Amendments: Amending the Ordinanc~(Ma~~ Whenever- it is the desire of the major-ity of the members of the Planning and Zoning Commission that an amendment or change to the Zoning Or-dinance or- Distr-ict Map be proposed and considered at a publ ic hearing or- as a result of a petitioner application by a per'son, fir'm or' cor'por'ation that has not been rejected or denied as set for'th in Sect ion 2.2.2, sllch pr'oposed amendment or change shall be scheduled by the City Secretary'or a public hearing before a joint meeting of the Planning and Zoning Commission and the City Council. Such publ ic hearing shall hereina.ter- be known as the Public Zoning HE~ar' i ng. Each appl ication 'or- a Publ ic Zoning Hear-ing shall be accompanied at the time the hearing is scheduled by a fee in accordance with the Schedule of Fees. (See Schedule of Fees) No action to amend, supplement, change, modify or repeal the Zoning Ordinance or- the District Map sha,] I be . i na I unt i I ther'e sha 11 have been a Joint Publ ic Zoning Hearing thereon with public notice of such hear-ing as her-ein required. Notice o' any publ ic hearing involving the Zoning Ordinance and District Map will be given by pub 1 i ca t i on once in a ne~'spaper o' genera 1 cir-cualtion in the City, and designated as the official publ ication o. the City, stating briefly the change or amendment to be consider-ed at the hearing and the time and place i. such hearing which shall be at least'ifteen days -46- prior to the publ ic hear-ing. Such notice shall be sent to the property owner-s as determined 'rom the most recently approved City tax r-oll of real property lying within two hundred (200') feet of the proper-ty on which the change in classification or Specific Use Per-mit is proposed. Such notice shall be given not less than ten days be'ore the date set for the hearing. The notice shall be made by depositing the same, properly addressed and postage paid, in the United States Post Of.ice. 4.4 Notice o' any Publ ic Zoning Hearing involving a change or- amendment to the Distr-ict Map or the gr-anting of a Specific Use Permit shall be given as set 'or'th in Subsection 4.3 above. In addition, written notice shall state the time and place of hearing and give the addr-ess o' the proper ty pr'oposed for- change or Spec i f i c Use Per-mit that is to be considered. 4.5 Put:>J.J..!;.__._. j!;pni ng u HE1ar' i ng: The Pub I i c Zon i ng Hearing shall be a joint meeting o' Planning and Zoning Commission and City Council. Rules of order commensurate with pr-oper conduct, hearing o' arguments and receiving of evidence shall be adopted and obser'ved at the hear' i ng. The r-ecording of minutes shall be made of the hear-ing and shall be maintained or filed in the office o' the City Secretary. No action on any proposed change, amendment or Speci.ic Use Per'm it sha II be taken by e i thel" body at or- during the Publ ic Zoning Hearing. >, 4.6 The Planning and Zoning Commission shall within ten days a.ter a Publ ic Zoning Hearing, hold a r'egular or special meeting to act and recomrnend upon changes, amendments or Specific Use Per-mits considered at such hearing. The meeting shall be open to the public and the recording o' minutes and other procedur-es nor-mally conducted by the Planning and Zoning Commission shall be observed; however, no pr-oponent or opponent to a proposed zoning change, amendment or Speci.ic Use Per-rn it. or- any 0 ther' c i t i zen in ter'es ted in such matter. shall be heard. The mernber-s o' the P I ann i ng Comm i ss i on sha 11 vote on each pr'oposed change, amendment or Specific Use Per-mit as to their recommendations to the City Council for e i the," adop t i on or- den i a 1 . The r'ecomrnenda t ions o' the City Planning and Zoning Commission shal I be tr-ansmitted to the o"ice of the City Secr-etar-y for the Council in wr-iting within five days following the meeting of the City Planning -47 and Zoning Commission. A denial recommendation sha II i nc 1 ude spec i ~ i c r-eason for the den i a 1 . In the event the development has not star-ted within twelve months, the petitioner- Por rezoning will be notified in writing that the_ land will revert to it's original zoning within thirty days. Extension may be granted 'or legitimate delays. 4.7 A.ter receipt by the City Council of the recommendations o' the Planning and Zoning Commission, the City Council shall, at either a regular or- a Special meeting, act upon the pr'oposed changes, amendments or' Spec i fie Use Permits. Although such meeting is open to the public, no proponent or- opponent to a proposed zoning change, amendment or Specific Use Permit shall be permitted to be heard. >, In cases when the Planning and Zoning CCJrom i S5 i on's r'ec:ornmendat i on aga i nst pr'oposed Sp'~ci'ic Use Per'mit or amendment, supplement, change or repeal of the regulations or- restrictions of the Zoning Ordinance or the boundaries o' the District Map her-ein establ ished, or- l~hen a (qritten protest against an amendment under' consider'ation is filed l~ith the office o' the City Secretary and signed by the Olqner'S o' t(qenty (20%) per'cent or' more either of the area of the lots included in such proposed change or- those immediately adjoining the same and extending two hundr-ed (200') feet therefrom such amendment, supplement, change, mod i f i c:a t i on or- r-epea I sha 11 not become effective except by the 'avorable vote of three- 'our-ths (3/4) o' the members o' the City Council. 4.8 If the City fails to pass an ordinance approving such proposed Specific Use Permit, amendment, supplement, or change, a new appl ication for such pr-oposed Spec i fie Use Perm it, amend men t , supplement or change in the Zoning Ordinance or- the boundaries of the district map shall not again be consider-ed until a.ter- the expiration of twelve months 'rom the date of such proposed amendment, supplement or change was rejected; provided; however, that such appl ication may be r'econs i der'ed with i n the above men t i oned t,.je I ve month per-iod i. it be shown that a substantial change in conditions has taken place in the vicinity o' the proper-ty sought to be rezoned or fOI" ,qh i ch a Spec i f i c Use Per'm it was r-equested. The procedures for- such appl ication for rezoning -48- ARTI CL.E X X II I Section 1.1 1.2 >, ~ 1. 1.3 1.4 shall be the same as if the appl icant has never filed a previous appl ication for zoning change. SPECIFIC USE PERMITS Authorized Uses: The City Council of Scher-tz, Texas, after publ ic hearing and proper notice to all par-ties a'fected, in accor-dance with the notiCe procedures prescribed under Article XXI for amending the Zoning Ordinance, and a.ter recommendation by the Planning and Zoning Commission, may authorize the issuance of Speci.ic Use Permits for zoning specific uses set 'or-th in the Schedule o' Uses, Appendix A, when situated within th~ Zoning Districts identified Iqithin the schedule. Development Standar'Q,;;..__ 8.!"g~UTed: The PI ann i ng and Zoning Commission in consider-ing and determining their recommendation and the City Council in considering any request for- a Spec i . i c Use Per'm it may r'equ i r'e fr'om the appl icant plans, infor'mation, oper-ating data and e)<per't evaluation concer'ning the location, function and character-istics of any building or- u"e pr'oposed. The City COLlnc i I may in compl iance with this Ordinance, establish conditions of operation, location arrangement and construction o. any use for which a permit is authorized. In author-izing the location of any of the uses I isted as Specific Use Permits, the City Council may impose such development standar-ds and safeguards as the conditions and location indicate important to the wel'ar-e and protection of adjacent pr-operty fr-om excessive noise vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glar-e, offensive view or- other- undesir-able hazardous conditions. Tempor-arv Construct i_on___E;lI,!JJ.gJngs;:. Temporary buildings and temporary building material storage ar-ea to be used 'or- construction purposes may be permitted for- a speci.ied period o. time in accordance with a permit issued by the Building O"icial and subject to per-iodic r'enetqal by the Inspector' for' cause shol"n. Upon completion, abandonment of constr-uction or expiration of per-mit, such field offices and buildings shall be removed within thirty days, or- at the dir-ection of the Building O'ficial. Tempor'ar'y Development development and promotional three hundred (300) square S igns:__ signs 'eet in Tempor-ary not e>~ceed i ng ar'ea may be -49- -, ~ ,-". 1.5 1.6 1.7 1.8 ARTICLE XXIV Sec t i on 1 erected on pr-ivate property. The 8uilding Official shall control the location and duration of such sign use to assure that the occupancy and use of adjacent lots are not interfered with and that no safety hazard is created. Such_ special development signs ,qill be removed at the direction of the Building O'ficial a.ter completion of the development. The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this Ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but ar-e not I i m i ted to, i ncr'eased open space, load i ng and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks. Any per-son or persons, jointly or severally aggrieved by a decision of the Commission, may present to the City Council a petition, duly veri'ied, setting 'orth that such decision is unjust, in lqhole or' in par't, speci'ying the gr-ounds of injustice. Such petition shall be presented to the City Council within ten days after the final decision o' the Commission, and not ther'ea.ter'. Record i na: One copy o' an appr'oved Spec i. i c Use Per-mit shall be del ivered to the owner of the proper-ty, one copy shall be .iled in the office of the Building Of'icial. DevelQRmgnt..1 FollOl~ing the issuance of a Speci.ic Use Permit, the Building Of'icial shall insure that if the development is under-taken, it is completed in campI iance with said permit. However-, if a Specific Use Per-mit has not been used lqithin six months a.ter the date granted, the permit is automatically cancelled, which Pact shall be noted over the signature of the Building O'ficial on the 'ile copies of the permit, and the owner shall be sa noti.ied in ,."., it i ng. REGULATION OF NON-CONFORMING USES Cont i nuance of Use:_ Any non-con'orm i ng use of land or- str-ucture may be continued 'or- definite periods of time, subject to such regulations as the Zon i ng Board of Adjustment may r'eqLJ i r'e for immediate preservation of the adjoining property and the ultimate removal of the non-confor-ming -50- Section 2 Sec t i on 3 " Section 4 Sec t i on 5 Sec t i on 6 use. I', ho\qever', a cont inuous oper'at ion is not carr' i ed on in such non-confor'm i ng use dur i ng a continuous period of six months, the building, other str-ucture or- tract of land where non- confor-ming use previously existed shall therea f ter' be occup i ed and used on I y for- conforming use. Intent to resume activity operation shall not af'ect the foregoing. Chanoe .9f U~.E!.: A non-con'or'm i ng use may be changed to any con'or'm i ng use. A non- confor-ming use shall not be changed to any other- type of non-conforming use without the prior appr-oval o' the Zoning Board of Adjustment which may grant a change of occupancy from one non- confor'ming use to another', pr'ovided the use is within the same or higher- classification as the of'iginal non-confor'rning use, that such non-' conforming use and occupancy will not tend to prolong and continue non-conforming use. A non- conform i ng use once changed fr'om a lo\qer' to a higher classification use shall not be changed thereafter- to a lower classification use, and such prior lower classification use shall be considered abandoned. [)amaoe and Destr'y_c_t i on: A non--confor'm i ng use sha II not be e:,,:tended or- r-ebu i 1 tin case of obsolescense or- total destruction by fire or other cause. In the Case of partial destruction by fir-e or other- causes not exceeding 'ifty (50) percent of it's value, the Building Inspector- shall issue a per-rnit 'or- reconstruction, if greater- that fifty (50%) percent and less than total, the Zoning Boar-d o' Adjustment may grant permit for repair a.ter publ ic hearing and having due r-egard for- the pr-operty rights of the per'sons a f fec ted ,.,hen cons i dered in the 1 i gh t 0 f publ ic welfare and the char-acter- of the areas surr'ound i ng the des i gnated non-conform i ng use. En I ar'gemenJ:. A non-con for'm i ng use sha 11 not be enlarged or extended, except upon authorization of the Zoning Board of Adjustment. Normal Maintenance: Normal maintenance of a building or a structure containing a non- con'orming use is permitted, including necessary non-str-uctural repairs and incidental a I tera t ions not e:><:tend i ng the non-con for'm i ng use. ..Str'uctur~al__l;.hang~?L No str'uc tur'a I a I ter'at i on shall be made in a building or other structure -51- ARTICLE XXV Sec t ion 1 1.1 1.2 '. containing a non-confor-ming use except that requ i r'ed by 1 a,". ADMINISTRATION Administrative Provisions: .!3~iJ.'::Ij_l1.9 Per-'l!..it andPl an Requ i r-ements: 1. Building permits shall be in conformance with current building codes. 2. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on a subdivision plat and the lot shall be staked out on the gr-ound before constr-uction is star-ted. . Effect Upon Ex istl.D!;t.----P_t;'f'm its, Agr'eements and _R ig.tlt'='.'. 1. bdst inq This ordinance al".,nL,l: PeL.r~J1:.s....~.n_dn. PT i\l_at~ Agr'eements: is not intended to ,3br'oga te or' a. any per-mits issued be'or-e the efPective date of this Ordinance; b. any easement, covenant or- any other- private agreement more restrictive than the provisions op this Or-dinance. 2. Pr'eser'ving Riqhts in Pendi'l9-I__Ltlgation and .It.lQl",_t i ClD_'?_._JJlJdf".r' E>~_l'?t i ng Ord.inances: By the passage o' this Or-dinance, no pr-esently illegal use shall be deemed to have been legal ized unless speci.ically such use 'alls within a use distr-ict wher-e the actual use is a con'orming use. Otherlq i se, such uses sha 11 r'ema in nor,-- confor-ming wher-e r-ecognized, or an illegal use, as the case may be. It is further the intent and declar-ed pur-pose o' this Or-dinance that no offense committed, and no I iabil ity, penalty 01'" 'or-feitur-e, either civil or cr-iminal, shall be dischar-ged or aFfe~ted by the adoption of this Ordinance; but prosecutions and suits for- such offenses, I iabil ities, penalties or for-feiture, either civil or cr-iminal, shall be discharged or affected by the adoption of this Or-dinance; but pr'osecut ions and su i ts for' such offenses, I iabil ities, penalties or- forfeitures, may be instituted or causes presently pending be pr'oceeded lq i th in all respec ts as i f such pr i or' Ordinance has not been repealed. -52- Section 2 2.1 ':) ~ 1...... C '. Section 3 Cer't i f ic~_te..? 9I..Occupancy and Comp I i ance: Cert if i cat~_~__oJ'__.ocCIJJlar1CY 'or': . ~---".,. shall be r-equir-ed 1. Occupancy and use of a building hereafter erected or structur-ally alter-ed. 2. Change in use of an existing building to a use o' a different classification. 3. Occupancy and use of vacant land. 4. Change in the use o' land to a use of a differ-ent classification. 5. Any change In the use of a non.-confor'rning use. No such occupancy, use, or- change take place until a Cer'tificate ther'efor'e has been issued by Official. of of the use shall Occupancy Bu i 1 ding Cer't i fica te_s__ __ QI Occupi',ncy. i.or: Non-.Con for'rn i ng Uses: A Cer-tificate of Occupancy shall be r'equ i r'ed for a 11 I a,qfu I non-.confor'rn i ng uses of land or buildings created by adoption of this Ordinance. Appl ication for- such Certificate of Occupancy for' a non-confcIr'rning use shall be filed with the Building Official by the owner or 1 easee c;f the bu i 1 ding or' 1 and occup i ed by sucl, non-conforming use within one year of the effective date o' this Ordinance. It shall be the dutyo' the Building Official to issue a Certificate of Occupancy for a lawful non- con'or-ming use, or refusal of the Building O"icial to issue a Certificate of Occupancy Por such non-conforming use shall be evidence that said non-con'or-ming use was either illegal or did not law'ully exist at the effective date of this Or-dinance. Procedure: Written appl ication for- a Certificate of Occupancy 'or- a new building or for an existing building which has been alter-ed shall be made at the same time as the appl ication 'or the building permit for such building. Said Certificate shall be issued within three days o. completion of constr-uction or- alteration. Wr'itten appl ication for' a Cer-ti'icate o' Occupancy 'or- the use o. vacant I and, OF' for a change in the use of I and for- a building, or- 'or- a change in non-conforming use, -53- Sec t i on 4 4.1 '. 4.2 as herein provided, shall be made to Building OfFicial; if the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy there'ore shall be issued. The Fee for such Cer-tificate o. Occupancy shall be five ($5.00) dollars to be paid to the City o. Schertz at the time the building permit is issued. Every Certi'icate of Occupancy shall state that the building or- the proposed use of a building or land compl ies with all the provisions of law. A record o' all Certificates of Occupancy shall be kept on file in the o'fice o' the Building Of'icial or his agent. Home Occupation: Home occupations are authorized within the City of Schertz according to the provisions o' this section. A Home Occupation is Defin?_ct<!?fQ.llo\'Js: Any occupat i on or' act i v i ty car'r' i ed on by a member' or' members of the immediate family, r-esiding on the premises, in connection with which there ii used no sign other than a personal family name plate not mor-e than one (1) square foot in area, or- no d i sp 1 ay tha t ,q ill i nd i ca te fr'om the e:.:ter i or' that the building is being util ized in part for- any purpose other than that o' dwelling; there is no commodity sold upon the premises; no per-son is employed other- than a member o' the immediate family residing on the pr-emises; and no mechanical equipment is used except of a type that is similar in char-acter- to that normally used for- pur'e I y domes tic or- househo 1 d purpQ'~es or mechanical equipment that may be used in conjunction with the home occupations cited in this Article, Section 4.2. It is recognized that not all authorized types of home occupations can be 1 isted, however, the following types of home Qccupations are speci.ically author-ized in the City o. Scher-tz: a. Office o' physician, dentist, other- medical practitioner-s; lawyer-, accountant, tax consultant, architect, professional and manager' i a 1 consu I tants, sa I esper'sons, r'ea 1 estate agents, insurance agents, stenographer-/administrative occupations. b. Dressmaker, seamstress, tailor. c. Au thor', composer', sculptor-. pa inter' (f i ne ar t ) , -54- >, .'.- d. Music or- dance teacher, tutor-. instructor- is 1 imited to not more pupils at a time.) (Musical than t,qO e. Arts and crafts such as making o. stained glass, ceramics, Jewelry; lapidary work; rug l.JeaV i ng. f. Making and i nstr'uments. musical r'enovation of 4.3 It is recognized that not all unauthorized types of home occupat ions can be 1 i sted, however, the 'ollowing types of ~ome occupations ar'e specifically not authorized, in the City of Scher'tz: a. Occupations that require equipment which creates noise, vibration, smoke, dust, odors, heat or glare, any o' which is offensive to per-sons of ordinar-y sensibil ity in the ne i ghbor'hood. b. Bar'ber.shop styl ist. and beauty shop/par-l or-, hair c. Vehicle, and medium and heavy appl iance repair-, ie: Electr'ic or' gas mOlqer'S, electric motor-s (over- one-horse r-ating), outboar-d and i nboar'd boat motor-s, motorcyc 1 es. d. Cl in ic or- hosp i ta 1 . e. Stable or' kennel. f. Animal cl inic or' hospital. g. Ant i que shop. h. Gi ft shop. i. Restaurant, cater-ing service or- any food preparation for sale elsewhere or on premises. J. Renting o. trailer-so k. Tourist home. 1. Grooming o. pets. m. Retail sales outlet. n. Tattoo par-lor-/business. -55- 4.4, Per-m it ReQu__iX'l;!cl:_ Each resident within the City of Schertz has, or shall have, an authorized occupation, is required to have a occupation per-mit. (See Schedule o' Fees) that home home _ 4 ~' '."" App 1 i ca t i on 'o~~_HomE!_~c:,':'~~~'='-_I".err~Lt:_ a. Appl ications for a Home Occupation Permit are available upon request to City Inspector, and shall be completed by each person having or des i r' i ng to have a home occupat i on. I' the home occupation is one that is 1 isted in Section 4.2, upon verification by the City Inspector, the Ci ty Inspector \qi 11 issue a home occupation per'mit to the appl icant. I' the r'equested home occupat i on is a type that may be reasonably included as being authorized, the City Manager is authorized to make that determination and gr-ant appr-oval to the City Inspector to issue a home occupation permit. b" I f the app 1 i can t des i r'es a home occupa t ion that is not listed in Section 4.2, and a determination cannot be made by the City Manager, or the requested home occupation is listed as unauthor'ized in Section 4.3, the City I nspec tor' ,.) i II accep t the app 1 i ca t i on and submit that appl ication to the City o' Scher-tz Planning and Zoning Commission for- their cons i der-a t ion. 1. When an app I i ca t i on is r'equ i r'ed to be submitted to the Planning and Zoning Commission, the City Sta.f will advise the appl icant of the meeting at which the application will be consider-ed by that Commission, and the appl icant is required to be present at that meeting 'or- the appl ication to be considered. 2. The Planning and Zoning Commission, a.ter evaluation and consideration of the appl ication, is author'ized to make an interpretation that the requested home occupation is within the realm o' intent of those types o' home occupations that may be authorized in the City o' Schertz. If the r-equested home occupation is a type that is I isted as unauthorized in Section 4.3 of this Or-dinance, the Planning and Zoning Commission may grant an exception and authorize the City Inspector to issue a Home -56- Occupation Per-mit. It will be up to the appl icant to submit su'ficient evidence that "Jill suppor't gr'anting an exception. At least one type of suppor-ting evidence that is authorized to be submitted to the Planning and Zoning Commission for their- consider-at ion is a signed statement by each pr'oper ty Olqner' with i n t,qO hundred (200') feet of the proper'ty on wh i ch the home occupation is to occur, stating that said property owner- has no objection to the existence of the proposed home occupation. An example type of a statement is as follO\'Js: III (NAME), the property owner at (AODRESS) have been adivsed by (NAME OF HOME OCCUPATION APPLICATION) o. his request to the City of Scher t z for- a Home Dccupa t ion Permit for the pur-pose of conduction (TYPE OF HOME DCCUPATION), and I have no objection to a Home Occupation Per-mit being granted by the City of Schertz to the per-son and for- the purpose reflected in this statement." S i gnatur'e and date. of neighboring property owner, .'. 3. If the Planning and Zoning Commission disapproves the appl ication for a Home Occupation Per-mit, within five days, that Commission will cause the appl icant to be notified in wr-iting of the disapproval and the reason therefore. '. In that letter', the appl icant ,.Ii 11 be advised o. his/her right to appeal the decision to the City of Schertz Board of Adjustment accor-ding to the City of Schertz Zoning Or'd inance Number' 79-S-15, as is, or- may be amended. 4. An appl icant who is renting the proper-ty on \qh i ch a home occupa t i on perm it is r'equested \qill obtain a wr'itten statement from the owner o' the property. The owner will state that he/she has no objection 'or- the home occupation on the pr-operty. This statement will accompany the appl ication for- a home occupation. An application which indicates objection by the proper'ty Olqner- will not be accepted. -57- >, ~ .'., 4.6 ARTICLE XXVI See t j on 1 Section 2 Home Occupat i on Perm i t Term i nat i or1.:._ a. Once issued by the City of Schertz, a Home Occupation Permit remains val id 'or a period of one (1) year as long as the conditions remain the same as existed at the time the permit was issued or this Or-dinance is revised or amended to re'lect otherwise. b. The City Inspector(s) ar-e authorized to per iod ically, at least annually, enter the premises that the home occupation is located to insur-e that compl iance with this Ordinance is being ful'illed. If compl iance does not exist, the City Inspector may terminate the val idity of the Home Occupat i on Per'm it at that time. c. I' a Home Occupation Per-mit is ter-minated by the City Inspector, or any other authorized o'ficial of the City, the person having had permit terminated must reapply For a per-mit under the conditions and procedur-es establ ished by this section for the issuance of a Home Occupation Per-mit. BOAFm OF ADJUSTMENT The Zoning 80ar-d of Adjustment as created by Article VIII, Section 8.02 o' the City Charter of Schertz, Texas, shall hear and r-ule on all appeals to this Ordinance. Jur'isclLctiJ;l[l:_ When, in it's judgment, the publ ic convenience and wel'ar-e will be substantially served and the apropriate use o' neighboring property will not be substantially or- permanently injured, the 80ard o' Adjustment may, in specific cases aFter' publ ic notice and publ ic hearing, and subject to appropriate conditions and sa'eguards, author-ize and shall have the power to grant the following special exceptions to the regulations her-ein establ ished. In granting such exceptions and regulations the Board of Adjustment shall not permit within any district a use that is not permitted in that district and the distr-ict r-egulations as set 'orth in this Or-dinance. The Board of Adjustment shall not permit any var-iations or exception i. the appl icant has contr-ibuted to the cause of the unnecessar-y hardship of which he complains. -58- Section 3 '. Section 4 Section 5 The Boar-d o' A<:1just.~oeI'1..L!"_'!y__",l.1_ow th~~lo'oJ.in9:. 1. The r'econstr'uction of a building occupied by a non-.'confor'ming use, pr'ovided such r-econstr-uction does not prevent the eventual return of suet'l prop~rty to a conforming use, may be per'm i t ted. 2. Modi'ications of yard, open space, parking lot area or lot width r-egulations as may be necessary to secure appropr-iate development o' a par-cel of land may be permitted. 3. Require the discontinuance o' non-con'orming uses of land (not primar-y structures), under any plan wher-eby the full value o' any improvement can be amor-tized within a reasonable number of year-s, taking into ccmsider-ation the gener-al char-acter of the neighbor-hood and the necessity for all proper-ty to confor-m to the regulations o' this Or-dinance. 4. Reduce required off-str-eet par-king if it can be shown that the required minimum as herein establ ished will not at any time be necessar-y because of the character o' the proposed uses at a probable I imited quantity o' employees, cl ients, customers or tenants. 5. Decide appeals wher-e it is alleged ther-e is er-ror in the order, requirement, decision or dfeter'mination made by the Building O'ficial in the enforcement o' this Or-dinance. Applications _~or.__J:;E",.c:liil...1E::.:><:c:.",p.tJons:_ All appl ications for special exceptions shall be by appeal to the Board of Adjustment. Appeals to the Boar-d o' Adjustment may be taken by any per-son aggr-ieved, or by any officer-, department, board, or- bureau o' the City affected by any decision of the administrative o'ficer-. Such appeal shall be taken within a reasonable time, as provided by the rules of the Boar-d, by fil ing ,,) i th the of f i cer' 'rom ,qhom the appea lis taken and with the Board of Adjustment a notice o' appeal speci'ying the grounds thereo'. The officer- 'r-om whom the appeal is taken shall forthwith tr-ansmit to the Board all paper-s constituting the r-ecord in the matter being appealed. Stay o' Proceedinos: An appeal shall stay all pr-oceedings in the matter appealed, unless the Officer from whom the appeal is taken cer-ti.ied -59- SE~C: t i on 6 >, >. ~l.. Section 7 7.1 to the Board of Adjustment that a stay would in his opinion cause imminent peril o~ life or pr'operty. Hear' i nqs of Ap.Qg_{l.1 St The Boar'd o' Adjustment_ shall fix a r-easoriable time for the hearing 0' an appeal and shall give "Jr'itten notice to the parties o' interest. In addition, at least 'ifteen days advance notice shall be given by publ ication at least once in the official publication o' the City stating the time and place of such hearing, the par-ties appealing such matter, and the lot descr-iption o' the land Iqh i ch the ma t ter' concer'ns. The Board o' Adjustment shall mail notices 0' such hear-ings to the petitioner- and owners of property lying within three hundred 1300') feet o' any point of land on ,.,hich a variation is desir'ed and to all other persons deemed by the Boar-d to be a'fected thereby. Such o'"ner's and persons shall be deter-mined accor-ding to the current tax rolls of the City. In exercising it's powers, the Boar-d of Adjustment may r'ever'se or- affirm wholly or' par-tly, or may modify the order, r-equirement, decision, or determination appealed, and may make such order, requirement, decision, or' determination as ought to be made, and to that end shall have all the powers of the of'icer from whom the appeal is taken. The concurring vote of four- members o' the Boar-d o' Adjustment sha II be necessar'y to r'ever'se any or'der', requirement, decision, or determination of any building inspector. The concurring vote of 'our members of the Board o' Adjustment shall also be necessary to decide in favor of an appl icant on any matter upon which the Boar-d is required to pass upon under this Ordinance other- than an appea 1 . Court Appeal :_ Any per'son or' per-sons, jointly or' severally aggrieved by any decision o' the Board 0' Adjustment, or any taxpayer-, or- any officer-, department, board, or- bureau o' the City may pr'esent to a cour't o' r'ecor'd as prov i ded by law a petition, duly verified setting for-th that such decision is illegal, in whole or' in part, specifying the grounds o' the illegal ity. Such petition shall be presented to the court within ten days after- the .il ing of the decision in the office o' the 8oard. Writ of Cer-tiora~~ Upon the presentation o' such pet i t ion, the cour't may a 11 O~J a wr'i t o' certiorari directed to the Board o' Adjustment -60- 7.2 " 7.3 ARTICLE XXVI I Sec t i on 1 1.1 1.2 to r'ev i ew sLlch dec is i on o' the Boar'd o' Adjustment and shall prescribe therein the time within which a return ther-eto must be made and ser'ved, l'lh i ch sha 11 not be 1 ess than ten days and may be extended by the Court. The allowance of the writ shall not stay pr-oceedings upon the decision appealed from, but the court may, on appl ication, on notice to the Board, and on due cause shotl.Jn, gr--ant a r-estr-a in i ng or-de..--. Retur'n of Cer'tifiec!.__Copies: The Board o' Adjustment shall not be required to return the original paper-s acted upon by it, but it shall be sufficient to r'etur'n cer'tified or s~'orn cop i es ther-'~of or of such port ions thereof as may be ca II ed for' by such l,)f"' it. The r'etur-ned copies shall concisely set forth such other facts as may be per-tinent and mater-ial to show the grounds of the desision appealed from and shall be cer-tified, If upon the hearing it shall appear to the court that testimony is neeessary for- the proper- disposition o' the matter-, the court shall take evidence, appoint a referee to take such evidence as it may direct and report the same to the cour-t with his 'indings of 'act and conclusions of law, which shall constitute a par-t of the pr-oceedings upon which the deter-mination of the court shall be made. The court may reverse, wholly or partly, or may modify the decision br-ought up for review. Cause shall not be allowed against the Board unless it shall appear to the court that it acted with gross negl igence, or- in bad faith, or with mal ice in making the decision appealed 'rom. All issues in any proceeding under this Article XXVI shall have prefer-ence over all other civil actions and proceedings. As Acts 1961, 57th Leg., Pg. 687, Chap. 32, Par-a 1. Fees: (See Schedule o' Fees). ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT Enforcement: Enfor'cement O'fJ.f:.E'J".:l. The pr'ovisions o' this Ordinance shall be administered and enforced by the Building Of'icial o' the City of Schertz. Right to_._Enter:. The Building O"icial or any dulyauthor-ized person shall have the right to enter upon any pF'emises at any reasonable time prior to the completion o' the buildings 'or the purpose of making inspections o' building or -61- , 1.3 See ti on 2 2.1 ':> ':l 1__ L. " Sec t i on 3 prem i ses necessar'y to car'r'y out his dut i es in the en'orcement of this Ordinance. Stop~!,d~!,:E.':_ Whenever' any bu i 1 ding ,qor'k is being done contrary to the provisions o. this_ Ordinance, the Bui~ding Official may issue a stop or'der to the o"Jner or contractor doing or causing such wor-k to be done, and any such per'son shall for-thwith stop such ~Iork until authorized by the Building O'ficial to pr-oceed ,q i th the ,qork. Violation and Penalties: Any person, 'irm or corpor-ation who shall violate any of the provisions o' this Ordinance or fail to comply ther-ewith or who shall violate or fail to comply with any order- or regulations made thereunder, or who shall build in violation of any detailed statement of speci'ication of plans submitted and appr-oved ther-eunder, or any cer-tificate or- per-mit issued ther-eunder, shall, for each and every violation and noncompl iance respectively be deemed guilty of a misdemeanor- and upon conviction thereof shall be fined a sum not to exceed the legal maximum. Each and every day that such violation and/or noncompl iance shall e:.:ist shall be deemed a separ'ate offense. But in case any per-son, firm or corporation violates any o' the provisions o' this Ordinance or- fails to comply therewith, the City o. SCher'tz, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in cour't to pr'event, restrain, cor-rect, or- abate or to prevent any illegal act, conduct, business or use in or- about any land, and the definition o. any violation o' the terms of this Ordinance as a misdemeanor, sha 11 not prec I ude the City o. Scher'tz fr'om i nvok i ng the c i v i 1 r'eroed i es given it by law in such cases, but same shall be culmulative of and in addition to the penalties prescribed for- such violation. Prov i s ions of Ord i nance Dec 1 ared J;Q__bJiL11LnJmum Requirements: In their- interpr-etation and appl ication, the provisions of this Ordinance shall be held to be minimum r-equirements adopted for- the pr-omotion of publ ic health, sa'ety, morals, and gener-al welfare. Whenever the requirements of this Ordinance ar-e at variance with the requirements of any other- law.ully adopted rules, regulations or- ordinances, the -62- :i! ; 4, 8ection 4 Section 5 ARTICLE XXVIII PASSED, A. D., 1987, - '.:i,.-':);\~::,~~l~:.... requirement that is more restrictive or tha imposes higher standards as determined by th BLI i 1 ding Inspec tor' sha 11 gover'n. Repeal of Confl icting Ordinances or Orders Ordinance and all orders, ordinances or parts 0 ordinances in con'l ict with this Ordinance specifically Ordinance No. 79-S-15, Ordinanc No. 80-S-12, Ordinance No. 81-8-23, Ordinanc No. 81-8-29, Or'dinance No. 81-S-30, Or'dinanc No. 81-8--39, Dr-dinance No. 81-S-40, Ordinanc No. 81-8-41, Dr'dinance No. 82-8-10, Or'dinanc No. 82-8-16, Ordinance No. 82-8-18, Or-dinanc No. 83-.8-.'6, Or'dinance No. 8:~-'S-14" Or'dinance No 83--8-17,. Drd i nance 84'-8-4, Ord i nance No. 84--5-5 Or.dinance No. 84-S--9, Or'dinance 84-S-17 Ord i nance No. 85-8-2, Ord i nance No. 85'-8-4 Or'dinance No. 85-S-10, Or'dinance No. 85-S-21 Ordinance No. 85-S-23, Or-dinance No. 86-8-2 Or'dinanc:e No. 86-S-7, Or'dinance No. 86-S-9 Ordinance No. 86-8-11, Ordinance No. 86-$-14 Ordinance No.86-S-17, and Ordinance No. 86-S-21 or inconsistent with the provisions of thi Ordinance are hereby repealed to the exten necessary to give this Ordinance full force an ef fect. Sever'abil ity Clause: Should any section 0 provision o' this Ordinance be declared by th courts to be unconstitutional or- inval id, suc decision shall not affect the validity o' th Ordinance as a whole or any part thereof othe than the part so declar-ed to be unconstitutiona or. inval i d. EFFECTIVE DATE Th i s code sha 11 become e'fec t i ve fr'oro and afte' the date of it's approval and adopt ion a' pr'ov i ded by 1 a",. Januar' (CITY BEAU -63- APPENDIX A SCHEDULE OF USES ---------------------------------------------------------------- PREDEVELOPMENT DISTRICT (POl Un zoned - Spec i f i c Use Per'm i t Requ i r'ed ----------------------------------------------------------------. SINGLE FAMILY DWELLING DISTRICT (R-l) One Family Dwelling Detached Church * Day Nurser-y/Kindergarten* New and Unschedu 1 ed Uses as Prov i ded f'or' Under' ART ICLE I I. See t i on 4 Par-k/Playground/Similar Public Site PLJbl ic Recreation Center''*' Schools* .>.' *Specif'ic Use Permit Required ----.--------------------------------------------------.----------. SINGLE FAMILY DWELLING DISTRICT (R-2) One Family Dwell ing Detached Church* Country Club* Day Nursery/Kindergarten* Ne'~ and Unscheduled Uses as Pr'ovided for- Under' ARTICLE II, See t ion 4 Schools* *Spec i f' i c Use Per'm it Requ i r'ed .------.----------."'---------------.--.-----.----- "--------.-------------. '-64- ---------------------------------------------------------------- SINGLE FAMILY DWELLING DISTRICT (R-6) One Fam i I Y Dwell i ng Detached Chur-ch* Countr'y Club*' Day Nursery/Kindergarten* New and Unscheduled Uses as Pr'ovided for' Under' Ar'ticle II,. Sec t i on 4 Par-k/Playground/Similar Publ ic Site Pub 1 ic Recreation Center'* Schools* *Specific Use Per-mit Required --------------------------------..------------------------------_. SINGLE FAMILY DWELLING MANUFACTURED HOUSING DISTRICT (R-7) <~ One Family Dwell ing Detached Chur-ch* Countr'y Club*' Day Nursery/Kindergarten* New and Unschedu 1 ed Uses as Pr'ov i ded for' Under' Ar't i c 1 e I I, See t i on 4 Park/Playground/Similar Public Site Public Recr'eation Center'* Schools* *Specific Use Permit Required - ..~. -- -.. -- ~.~ _u _.. _ _. _ ..... _.. _. ~...__".._~...~. ,,_ ~._ _... n"'_.' _~___ _.. _. _ ~_ __ _~ _~ _. ~_ .._ ..... ..~. _ "~. _~ ~_. _ _.. _ ~_..... m.' __ __. _ ....._ __ .._ _. _ _._ __" TWO FAMILY DWELLING DISTRICT (R-3) One Family Dwell ing Detached One Family D,qell ing Attached (Town House)See Pr'ovisions Ar't. IX Two Family Dwell ing Multi-Family Apartment Dwell ing 80arding or- Rooming House Chur'ch*. Day Nur-sery/Kindergarten New and Unschedul ed Uses as Pr'ov i ded for' Under' ARTICL.E I I, See t i on 4 Par-k/Playgr-ound/Similar- Public Site Public Recr-eation Center* -65- ....-......-. "':"'.,,,.'. .., ---------------------------------------------------------------- TWO FAMILY DWELLING DISTRICT (R-3) (Cont'd. ) Residence Home for- Aged* Schools* Social and Recreational Building *Speci.ic Use Permit Requir-ed -----------------------------------------------------------------, APARTMENT/MULTI-FAMILY DWEL.LING DISTRICT (R-4) One Fain i I y Dwell i ng Detached One Family Dwell ing Attached(Town House) See Pr-ovisions Art. IX Two Family Dwell ing Multi-Family (Apartment Dwell ing) -----------------.., _._._------------~------------'"------------"_._-_.- GARDEN HOME DISTR ICT (R--5) ., New and Unschedu 1 ed Uses as Pr'ov i ded for' Under' ARTICL.E I I, Sec t i on 4 .____...~...H_'._...__ __ ......_~_.n_...~_" _.__._o~_ ..._._ ','~'""'.n.._" _ ___.. .. _ _._.._~... ..,_ "_~_H__ HH"_ n_ "__~_~ ."OH'H_" _ _ _ .n~ ..." ... ....... ..__.....H H... __ MOBILE: HO~lE PARK DISTRICT N,,'w and Unscheduled Uses as Pr'ovided for' Under' ARTICLE II, Sec t i on 4 Park/Playground/Similar Publ ic Site Pub 1 ic Recr-eation Center Social and Recreational Building _n_'_H...____H_ ..___.._____.____________H_~________.___H______H_______._...._______....._, -66- . ':";:;';;"'-"'-""-"';~~-:j; ---------------------------------------------------------------- OFFICE ANO PROFESSIONAL " ., :'"' Bank or Savings and Loan 0.. ice Barber and Beauty Shop Book and Stationery Stor-e Cafeteria/Restaurant Clean i ng /Laundr'y Pick-Up Sta t ion Cl inic, Medical or- Oental Commer-cial Parking Lot or Parking Gar-age* Day Nursery/Kindergarten Drug Store/Pharmacy Fl or i st Shop Hosp i tal Hotel or Motel* Key Shop Laboratory, Medical or- Dental Library/Art Galler-y/Museum Medical Appliances, Fittings and Sales New and Unscheduled Uses as Provided 'or Under ARTICLE II, Sec t i on 4, Opt ical Shelp Per'sonal Custom Ser'v ices Such as Ta i I or'/M ill i ner' ReI ated Print Shop Pr'ivate Club Private Tennis Club ProFessional O"ice StUdiO, Health Reducing or Similar Service Studio, Photographer-, Artist, Music, Drama, Dance Taver'n* Tr'Bvel Bur'eau or' Consul tant *Specific Use Pemit Required ----..----------.-------...--------------------- ...----------------------- -67- ,.-c;;,'_.- -- NEIGHBORHOOD SERVICES ,!' Amusement, Commercial Indoor Animal Cl inic Or Pet Hospital (No Outside Pens) An t i que Shop Appl iance Sales/Repairs Art Supply Store Auto Parts Sales (In Building) Bakery/Confectionery Shop (Retail Sale) Bank or- SaYings and Loan 0.. ice Barber and 8eauty Shop Belak and Sta t i oner'y Stof'e Cafet~ria/Restaurant/Drive-In Restaurant Ca mer'.. Sh op Car Wash Civic Center' Cleaning/Laundr-y Pick-Up Station Cleaning/l.aundry Self-Service Shop Cleaning Shop/Laundr-y Clinic, Medical or Dental Cc.mven i ence Stor'e Day Nursery/Kindergarten Depar' tmen t Stor'e/D i scoun t House Dr-ug Stor-e/Pharmacy Flor-ist Shop Furniture Appl iance Stor-e Gar'den Shop and Plan t Sa I es Gasol ine Ser-vice Station Gr'ocer-y Store Har'd"lar'e Stor'e Heating/Air Conditioning (Retail) Hobby Shop Key Shop Libr-ary/Art Galler-y/Museum Maintenance Repair Services Medical Appl iance Fittings and Sales New and Unscheduled Uses as Provided for Under ARTICLE II, Secti on 4, :~ Package Store Print Shop(Retail) Per'sonal Custom Ser'vices Such as Tai lor'/Mi 11 iner' Related Pet Shop - Small Animals, Birds, fish Plumb i ng Shop (Retai I ) Print Shop Professional Office Residence Home Por Aged Retail Shops, Appar-el Accessories, Gifts and Similar- Consumer Items Shoe Repa i r' Social and Recr-eational Building Studio, Decorator and Display of Ar't Objects StUdio, Health Reducing or- Similar- Ser-vice Studio, Photogr-apher-, Artist, Music, Dr-ama, Dance -68- NEIGHBORHOOD SERVICES (Cont'd.) Swimming Pool (Private) Var' i ety Store Video Sales and Rental -----~.,------------------~-----------------.._--_._---------------~-- GENERAL BUSINESS :~! Airpor-t, Hel ipor-t or- Landing Field* Amusement, Commercial or Outdoor/Indoor Animal Cl inic or Pet Hospi~al (No Outside Pens) An t i que Shop Appl iance Sales/Repair Art Supply Stor-e Auto LaundY'y Auto Painting and Body Shop Auto Parts Sales (In Building) Auto Sa I es - Ne~l or' Used Car Lot (Open) Bakery/Con'ectionery Shop (Retail Sale) Baker-y/Wholesale Bank or- Savings and Loan Office Barber and Beauty Shop . Boarding or Rooming House Book and Stationery Stor-e 8uilding Material Sales Cab i net or' Uphol ster'y Shop Cafeteria/Restaurant/Drive-In Restaurant Camer'a Shop Car Wash C i vi c Cen ter' Cleaning/Laundr-y Pick-Up Station Cleaning/Laundry SelF-Service Shop Cleaning Shop/Laundry, Commer-cial Clinic, Medical Or Dental Commer'c i a 1 Par'k i ng Lot or' PaY'k i ng Garage Conven i ence Stor'e Countr-y Club Oance Hall/Night Club Oay Nur'ser'y/Kindergar'ten Department Store/Discount House Dr'ive-.In Theater' Dr-ug Stor-e/Pharmacy Fa i r'gr'ounds Florist Shop Fr'ater'nity or' Sor'or'ity Lodge or' Civic Club Fur-niture Store Gar-den Shop and Plant Sales Gasol ine Service Station Gr'OCf!r'y Star'e Handicraft and Art Object Sales -69- --____"__.'"_h '--l~,' ..- -, ,-_ GENERAL BUSINESS (Cont'd.) Hardware Store Heating/Air Conditioning (Retail). Hobby Shop Home for' Alcohol i c, Nar'cot i c or' Psych i atr' i c Pat i ents* Hospital Hotel or' Motel Institution of Rel igious or Philanthr-opic Nature Key Shop Labor'ator'y, Med ical or' Dental Laboratory, Scientific or- Resear-ch Librar-y/Art Galler-y/Museum Maintenance and Repair Services Medical Appl iance Fittings and Sales Mortuary Nelq and Unschedules Uses as Pr'ovided for' Under' ARTICLE II, Sec t i on 4 ;:)1 One Family Dwell ing* Optical Shop Package Stor'e Paint Shop (Retail Pal"n Shop Per'sonal Custom Ser'vices such as Tal lor'/Mi II iner. Related Pet Shop - Small Animals, 8irds, Fish Plumbing Shop (Retail) Pr-int Shop Pr'ivate Club Pr-ivate Tennis Swim Club Pr-o'essional Office Public Recr-eation Center Radio or- TV Transmitting Station - Commercial Radio, Television or' Micr'o",ave Tower's* Railr-oad/8us Passenger- Station Residence Home for Aged Retail Shops, Apparel Accessor-ies, Gifts and Similar- Con su me/'" Items Seat Cover- or Muffler- Installation Shop Shoe Repa i r' Social and Recreational Building Stor-age War-shouse StUdio, Decor'ator' and Display o' Ar't Objects Studio, Health Reducing Or Similar Ser-vice Studio, Photogr-apher-, Ar-tist, Music, Drama, Dance S'oliroroing Pool (Private> T aver'n Telephone Business Office Trade Cororoer'c i a 1 Schoo 1 s Tr'ailer' and Mobile Home Sales or' Rental Only Tr'ave 1 8ur-eau or Consu 1 tan t Var'ie\;y Stor'e *'Spec i . i c Use Per'ro it Requ i r'ed -70- MANUFACTURING DISTRICT (M-l1 " " Accessory Building, Residential Airpor-t, Heliport o~ Landing Field Agricultural Animal Husbandry* Agricultural Field Crops* Amusement, Commercial - Outdoor/Indoor Animal Cl inic or Pet Hospital (No Outside Pens) Antique Shop Any Manu'acturing Industrial Stor-age or Assembl ing Process Not Pr'ohibited by Law (See Provisions ARTICLE; XV, Section 1,2)* Ar't Supp I y Store Auto Laundry Auto Painting and Body Shop Auto Sales and Repair (In Building) Auto Sales/New or' Used Car' Lot (Open) Bakery/Con'ectionery Shop (Retail Sale) Baker-y Wholesale Bank or Savings and Loan Office Bar'ber' and Beauty Shop Book and Stationery Store Building Material Sales Cabinet or Upholstery Shop Ca'eteria Restaurant Camera Shop Civic Center' Cleaning/Dyeing/Laundry Plant, Commercial Cleaning/Laundry Pick-Up Station Cleaning/Laundr-y Sel'-Service Shop Cleaning Shop/Laundry Cl inic, Medical or Dental Clothing Manu'acturing/Similar- Light Manufactur-ing Pr-ocess Comrner'cial Par'king Lot or Stru(:tur'e, Auto Contractor-s Stor-age/Equipment Yar-d Countr'y Club Dance Hall/Night Club Department Store/Discount House Dr'ag Str' i p* Drive-In Theater Dr-ug Stor-e/Phar-macy Fa i r'gr-ounds Farm Accessor-y Building Farm, Ranch or Orchard* Flor'ist Shop Furnitur-e Appliance Store Garden Shop and Plant Sales Gasol ine Ser-vice Station Gr'ocer'y Stor'e Handicraft and Art Object Sale Hard,qare Stor-e Heavy Machinery Sale/Storage/Repair- Hobby Shop Key Shop Laboratory, Manu'actur-ing -71- MANUFACTURING DISTRICT (M-l)(Cont'd.> ;'i( Laboratory, Medical or Oental Labor'ator'y, Sc i ant i. i cor' Resear'ch Letter/Mimeograph Shop L i brar'y/Ar't Gall ery/Museum Lithographer/Print Shop Maintenance and Repair- Ser-vice Medical Appl iances, Fittings and Sales Mi lk Depot Dair'y/Ice Cr'earn Plant Mortuary Ne", and Unscheduled Uses as Pr'ovided for' Under' ARTICLE II, Section 4 O'f-Street Parking Incidental to Main Use Open Stor-age and Sale o' Furniture Appliances and Machinery Opt ical Shop Package Stor-e Pa i nt Shop (Reta i 1 ) Parking Lot/Truck Stor-age Park/Playground/Similar Public Site Pawn Shop Per-sonal Custorn Ser'vices Such as Tailor'/Mill iner' Related Pet Shop - Small Animals, 8irds, Fish Plumbing Shop (Retail) Private Club Private Tennis Swim Club Professional Of.ice Publ ic Recreation Center Radio or TV Transmitting Station - Commercial Rad i 0, TV or M i cr'o",ave Tower's Railroad/Bus Passenger Station Railroad Team Track/Freight Depot Railr-oad Tracks and Right-o'-Way Repair of Appl iances, TV, Radios and Similar- Equipment Retail Shops, Appar-el Accessories, Gi.ts and Similar Consurner' I terns Sale and Service, New and Used Auto Accessories and Parts (In Bu i I ding) Sale New Auto Parts (In Building) Seat Cover' or' Mu.fler' Installation Shop Servant or Caretaker Ouarters* Shoe Repa ir' Social and Recr-eational Building Storage Warehouse Studio, Decor'ator' and Display o' Ar't Objects Studio, Health Reducing or- Similar Ser-vice Studio, Photogr-apher, Artist, Music, Drama, Dance Stqimming Pool (Private)* Taver'n Telephone Business O'fice Tir-e Retr-eading and Capping Trade CommerCial Schools Trailer- and Mobile Home Sales or Rental Only Transfer- Stor-age and Baggage Terminal -72- MANUFACTURING DISTRICT (M-l)(Cont'd.) Travel Bureau or Consultant Var i ety Stor'e Veter'inar'ian Hospital or f~ennel (Outside Pens) Veterinarian O"ice (No Animal Hospital) Welding or' Machine Shop Wrecking or Salvage Yar-d for Autos or Parts* *Specific Use Per-mit Requir-ed 'UM_ ~__ _ _._ _ _ _. _ _ ~'M _ _ _____ _. _ _ _ _. _ _ _ _ ~...._._ _ _ __ _.._ _. _..._ 'n _. ,,_, _ ._._._ _ _, _ __ ...._H. __._ __.., _ __ .." _.._. ...h_.. MANUFACTURING DISTRICT (M-2) Spec i fie Use Per'rn it Requ i r'ed ------------------------------.-------..--.----------------------,--~---- " -73- APPENDIX B DEFINlT IONS For the purpose of this Ordinance, herein are de9ined as follows: certain words as used Accessor'y Su i I d i n9-Q!::___Ll?e: ,qh ich: An accessor'y bu i I ding or' use is one a. Is subordinate to and serves a pr-incipal building or- pr'incipal use; b. Is subordinate in ar-ea, extent, or purpose to the principal building or prinCipal use ser-ved; c. Contr'ibutes to of occupants of ser'ved; the corn fot". t , conven i ence, and necess ity the pr-incipal building or- pr-incipal use d. Is located on the same building lot as the principal building or principal lJSe served. Accescoor'y, when used in the te}(t. sha 11 have the samE' mean i ng as accessory use. An accessor-y building may be part of the pr-incipal building. Alley: An alley is a publ ic right-of-~ay which affords a secondary means of access to abutting pr-operty. Apar'tmen_1:;.:_ An apar'tment is a r'oom or' g"'oup of apartment building used as a d,qell ing for' one (1) whictl does it's cooking therein. F.oorns in an fami ly uni t " .Apa,'tr~_e'21:;__..BIJLlding: A building or' por.tiCln ther'eof used or' intended to be used as a home for- thr-ee (3) or- mor-e famil ies or households I iving independently of each other- and equipped 'or prepar-ation of food. Basement: A stor'y (or' por-tion of a stor'y) par-tly belo,q cur'b level, with at least one-half of it's height (measured fr-om floQr to ceil ing) below the curb level. The curb level nearest to a stor'y (or por-tion of a stor-y) shall be used to deter'mine ,qhether' such stor-y (or- por-tion of a stor-y) is a basement. Building Official: The officer- or other- designated charged with the administration and en'orcement ordinance, or his duly author-ized r-epresentative. authority o' this Boarding House: A building other than hotel, motel, or- an apartment hotel where, for compensation and prearr-angement 'or a df:!f in i te per' i od, mea 1 s or' I odg i ng and mea Is ar'e pr'ov i ded for three or- mor-e persons, but not exceeding twenty persons. -74- Block: A tract of land street's and pub lie par'ks, Sc:her'tz. bounded by str'ei?ts or' a cornb i nat i on of or corporate boundaries of the City of Baar'd: The word Boar-d shall mean the Baar-d of Adjustment. 8u i 1 d i n~~ Any struc ture wh i ch: a. Is permanently affixed to the land; b. Has one or mor-e floors and a roof; c. Is bounded by either open ar-ea or- the lot lines. A building shall not include such structures as billboards, fences, or radio towers, or structures with interior surfaces not nor-mallyaccessible 'or human use, such as tanks, srnoke stacks, grain elevators, oil cracking towers or. similar structures. Bu i 1 d i n,g._.9...tacloed: A bu i 1 ding wh i ch is surr'ounded by yards or- open space on it's building lot. Bu i I d i n9..._Ar'!,,_8i_ The tota 1 squar'e building measured on a hor-izontal 'ootage on a lot co.ver'ed by a plane at mean grade level. Bu i I d i ng..i::f!YE!. lop ",_'. The net cub i c space tha t r'erna i ns for' pI ac i ng a structure on a site after building 1 illS, setback, side yard, height, and bulk regulations are observed. 8u i 1 d i nCj H-'?i<1.J:tt :. The ver-t i ca I distance fr'om the grade to the highest po i nt of the cop i ng of a flat r.oof, or' to the deck 1 i fiE: of a mansard r-oof, or to the mean height level between eaves and ridge for- gable, hip, or gambrel r-oof. ". Bu i 1 d i nQ..bln.e: 'I"'om the ',"ont str'uctur'e cannot A bu i I ding 1 i rn i t f i :x:ed or side boundar-ies o' lat~fully e>(tend. at a specific distance a lot beyond which a BuildinQ Plot, The land (lots, or tr-act of land) upon which a building or buildings are located, or- upon which they are to be constr.uct~2d, including yar'ds and bounded by the pr'oper'ty line. Buf'er Zone: A strip of land created to separate and protect one type o'--lai.i.ct use f,"'orn another'. Ci ty: The City of Schertz, Texas. Cl in i c: An establ ishrnent of off ices in "Jh ich a group of physiCians, dentists, or other practitioners of the heal ing arts, and allied pro'essional assistants are associated for the purpose of diagnosing and treating ill or injured persons. A cl inic may include a medical or- dental laborator-y, but may not include facilities 'or pr-oviding r-oorn or board for patients, nor may a cl inic include of'ices or' facil ities for' veter'inar'ians. -75- Club or- Lodqe: An association of per-sons 'or- the promotion of some non'-pr'o-F i t common object i ve, such as 1 i terature, sc i ence, politics, good fellowship and similar objectives whictl meets periodically and which is I imited to members. _ Carnr!l.~tr:.f;j_.~LluArn~U~~!J't~[It: Any enter-pt'" j.se l~Jhose roa in pur-pose is to provide the general publ ic with an amusing or entertaining activity, where tickets are sold or fees collected at the gates o' the activity. Commercial amusements include zoos, car-nivals, expositions, miniature golf cour-ses, dr-iving r-anges, arcades, fair-s, exhibitions, athletic contests, r-odeos, tent shows, fer-ris "Jheels, childr'ens'r'ides, roller' coaster's, skating r'inks, ice rinks, travel ing shows, bowl ing alleys, pool parlor-s, and similar entey"pr i ses.. Commotl P.r:PBer:..Bt.: A par.cel of land, together' impr-ovements thereon, the use and enjoyment of which by the owners and occupants o' the individual building Planned Unit. with the ar-e shared sites in a Commission: Te:,<as. The Planning and Zoning Commission of Scher-tz, Cornpr'ehe~l.!"i'(E;!_~",s.tceL._ p'l an: A 1 ega 1 document often in the 'or'rn o' a map and accompanying text adopted by the local legislative body. The plan is a compendium of it's gener'al pol icies regarding the long-term development of it's Jurisdiction. It is also called a "gener'al plan" or' "City Plan". Council: The City Council of Schertz, Texas. '. Cour. t: An open, unoc:c:up i ed space bounded on roor'e than t"JO sides by the walls of a building. An inner court is entirely sur-r-ounded by the exter-ior- walls o' a building. An outer court has one side open to a str-eet, alley, yard, or- other permanent open space. Convalescent Home: Any str-uctur-e used or occupied by three (3) or- more persons recovering from illness or receiving ger-iatric care 'or' compensat ion. Corner Lot: A lot abutting upon two (2) or mor-e str-eets at their in ter-sectTon. Distr-ict: Any section of the City zon i ng r'egu I at ions gover'n i ng the use the height of buildings, the size of use are in uniform. o' Scher-tz for which the of buildings and pr-emises, yards, and the intensity o' D"Jell ing:. Any building or used for residential or' por- t i on ther'eof wh i ch is des i gned 'or pur-poses. -76- D'~ellinq, Multi-FamiJy..:.. A building constructed .por or occupied by three containing three or mor-e dwell ing units. or' por't ion ther'eo' or' mor'e farn i 1 i es and . D,~e 11 i nR,-.-Ei.r1.9k_Filrflillf_: exclusively by one family. A bu i 1 ding des i gned for or occup i ed - D"Je 11 i ng 1 DL'I?~2::.; A bu i 1 ding des i gned for' exclusively by two famil ies, or' OCCLlp i ed D"Jell i ng UnJ.J:. A r'oom or' su i te o' t"JO or' mor'e r'ooms des i gned or- intended 'or use by an individual or 'amily in which cuI inary and sanitary conveniences are provided for- the exclusive use of such individual or 'amily. Dor-mitory: Any str-ucture specifically designed to house student ~nants.-associated ,qith a university, college or school. Family:_ lhar'r i age, occupancy A gr'oup of t,qO or' mor'e per'sons r'el ated by or adoption residing together-; this is the intended for- "single-family residence" distr-icts. blood, basic .F i 11 i n~...BetaLL_.._ 8",,,,-'-'1-':e_ Sta t ton: An es tab I i shrnen t ,~here gasol ine, oil, and grease, or automobile accessories are sold, supp lied or' dispensed to the motor- veh i c 1 e tr'ade or' ,"her'e motor' vehicles receive 1 imited r-epair-, are equipped for- ser-vice, or where electric storage batteries are char-ged and cared Por-, or a p I ace wher.'e any t"JO (2) or' mor'. such act j v it i es ar'e car.r' i ed on or. conducted as the pr-incipal use o. the establishment. FI"'ater'n i ty, 8.,,!,::(jr: i.ty_, or' .G.r:ou.p Student occupied by and maintained exclusively for- ~Jith an academic or' vocational institution. House: A building students af.il iated '. Fr'ontage: All the pr'oper'ty on one side o. a street b,?tw.?en t,qO - i n ter'sec f-i ng str..ets (cr'oss i ng or' ter'm i na t i ng) measur'ed along the 1 ine o. the street, or if the street is dead ended, then all the proper-ty abutting on one side between an intersecting str-eet and the dead end of the street. Garage, Commercial: A commercial structure used for housing more than where any vehicles are repaired r-emuneration, hire, or sale. garage is a premise and five (5) motor vehicl,,~s OF' for oper-ation or kept for Garage, Pr' i va te: An accessor'y bu i I ding des i gned or' used for' the stor-age o. per'sona II y O\qned motor'-dr i ven veh i c 1 es owned and used by the occupants o. the building to which it is necessar-y. Not more than one o. the vehicles may be a commercial vehicle o. not more than two-ton capacity. Gar'ageL- PublJ_~.;._ A bu i I ding private or- storage garage, servicing, repair-ing, hiring, vehicles. or' por't ion designed or se 1 ling, or' thereo', other than a used for- equipping, stor-ing motor--dr-iven -77- Garden Home: Is separated rrom it's lot having a minimum an individually owned single-family neighbor by a minimum o' ten (10) feet of .ive thousand (5,000) square 'eet. home, on a Home OCj;)'!P..;lj;J.9n: Any occupa t i on or ac t i v i ty car'r' i ed on by a membe.... of the immediate family, r.-esiding on the premises, in connection with which ther-e is used no sign other than a personal family name plate not more than one (1) square foot in area, or no display that ,qill indicate 'rom the e>,:terior that the building is being utilized in part 'or any pur-pose other- than that o' a dwell ing; there is no commodity sold upon the pr-emises; no person is employed other- than a member o' the immediate family residing on the pr-emises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes. Hosp ita 1, San i tar' i um, Nur's i no or- Conva 1 eSl::l'!n~ Homes: A bu i I ding or' portion ther'eof, used or designed for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or in'irm persons; pr-ovided that this definition shall not include rooms in any residential dwell ing, hotel, apar-tment hotel not ordinarily intended to be occupied by said persons. H,,~te.l: A bu i 1 ding used or' intended to be used as 1 i v i ng quar' t~'r's for- transient guests, but not excluding per-manent guests, and may include ~ ca'e, drugstore, clothes pressing shop, bar-ber- shop or- other service facil ities Por the guests for compensation. I~inder'gar'ten: Any school, pr-ivate or' par'ochial, oper'ating for' profit or not, attended by four (4) or more children at anyone time during part of a twenty-four (24) hour day, which pr-ovides a program of instruction for children below the first grade level in which constr-uctive endeavors, object lessons and helpful games . are prominent 'eatures of the curriculum. Load i ng Sp1!.t:.!?_:.. A space with i n the ma in bu i 1 ding or' on the same lot ther-ewith, pr-oviding for the standing, loading or- unloading of trucks, and having a minimum dimension of 12 by 35 feet and a ver-tical clear-ance of at least 14 feet. Lot: As used her-ein, a "lot" is the physical and undivided tr-act or parcel of land shown on the duly recor-ded plat. Lot Ar'ea: The ar'ea of a lot betlqeen lot 1 i nes, i nc 1 ud i ng any por-t i on of an easement \qh i ch may e>d st with i n such lot 1 i nes. Lot Cor-ner: A lot I~hich has an inter'ior angle of less than 135 degrees at the intersection of two street I ines. A lot abutting upon a curved str'eet sha 11 be cons i der'ed a cor'ner' lot i. the tangents o' the curve at the points of the intersection o' the side lot 1 ines inter-sect at an inter-ior angle o' less than 135 degrees. -78- Lot, Double Fr:.()!1~~E.- A lot having a 'rontage on t;,qO non- intersecting streets as distinguished from a corner lot. Lot, Inter' i or': A bl.l i I ding lot othE'I" than a corner' lot. ...L9~C?L.R<;!c::()r'd: A lot \.,h i ch is par't of a subd i vis i on, the map o' which has been recor-ded in the o'fice of the County Cler-k of Guadalupe, or 8exar and/or Comal Counties; or a parcel o' land, the deed o' which was recor-ded in the office o. the County Cler-k o. Guadalupe, or 8exar and/or Comal Counties. Mobile Home: A movable or' por'table d"Iell ing constructed to be towed by a motor vehicle on it's own chassis over Texas r-oads and highways under- special permit connected to util ities, and designed without a permanent foundation, for year~round 1 iving. I t may cons i st of one or' mor'e un i ts that can be tel escoped when towed and expanded later for- additional capacity, or o' two or more units separately towable but designed to be joined into one i ntegr'a 1 un i t. Mobile Home DEi\f.e.l.gllr~~nt: A un i f i ed devE~ I opmen t of mob i 1 e homes placed on individually owned lots. Mobile Home Par'k:._ A uni.ied developme>nt of mobile ar-ranged on a tract of land under- single person meeting all requirements of this Ordinance. home spaces olqnersl, i p , Motel or- Motor Hotel: A building or group of buildings including either separate units or- a row o. units which contain sleeping accomodations pr-imarily for transient occupancy, and provide opp- str-eet parking space on the same building lot for- use of it's occupants. ~ "" Multiple 8ui ldl~ng~go~'lple>(: on a building plot. Mor-e than one II) pr-incipal building Nonccmforming Use: The use of land or a building, or- a portion - ther'eo.,~-i;hTc::h use does not confor'm Iqith the use r'egulations of the distr-ict in which it is situated and which was in existence prior to the ef'ective date o' this Ordinance. Occupancy: The use or intended use o. the land or buildings by proprietors or tenants. Open Space~ The part o. the countr-yside which has not be~n developed and ,qhich is desirable 'or preser'vation in it's natural state for' ecological, historical, or' r'ecr'eational pur'poses, or in it's cultivated state to pr-eserve agricultural, 'orest, or urban gr'eenbel t ar-eas. Par'kino Spaces: A sur"aced ar'ea, enclosed or unenclosed, su"icient in size to stor-e one automobile, with a sur'aced driveway connecting the parking space with the str-eet Or alley and permitting ingress and egress of an automobile. A parking space shall not occupy any publ ic land. -79- Per"m it: author'i ty specified Is an oFficial document or certi'icate issued having jurisdiction authorizing per'ormance activity. by the o. a Planned Unit: A land area which: -~._-_._._.--- 1. has individual as a par-k, and building sites and common pr-operty such 2. is designed to be capable o. satis'actory use and operation as a separ'ate entity ''-lithout necessarily having the par-ticipation of other building sites or other- common property. The ol'Jner.ship of the common pr'oper.'ty may be either' publ ic or' pr' i va te. Planned Unit De\l~l_opment; (PUD)_:_ A planned unit development is a development o' land which is under unified control and is planned ,and developed as a lqhole in a single development oper'ation or' pr-ogr'ammed ser'ies of development, and l"hich includes str'?ets, util itie-", lots or. building sites, and l"hich indicates all structures and their relationship to each other and to adjacent uses and improvements, as well as open spaces. A planned unit development may consist of dwell ing units and detached, semi- detached, attached or multi-family structures or- any combination ther-eof and may also include non-residential uses such as rel igious, cultural, recreational, commercial or industrial uses, compatibly and harmoniously incorporated into the unitary design of the planned unit development. Plot;__e.lan~ A plan showing the use of the land, to include locations of buildings, drives, sidewalks, parking ar-eas, drainage facil ities and other str-uctures to be constr-ucted. Retail Food Stor-e: A retail establ ishment sell ing meats, fruits, vegetables, -baker'y pr'oducts, dair'y products, light har'dwar'e, and other similar- items which are purchased for use and/or- consumption off the premises (may be a dr'ive-in or' super'mar'ket type). Room i ng House: A gr'OIJp o. r'ooms pr'ov i ded for' compensat ion either' in a converted single family home or in a structure speciFically designed for- such purpose. N6 cooking facil ities are provided in individual I iving units. RaominQ and Boar-dinq Hous~L Wher-e both rooms and meals ar-e pr-ovided for compensation 'or more than four (4) persons. -80- - ~ '---.."Scrt~"l ite TelevisiOf:!..~J.g.r:!.a.J._.Re(=.eivi!,.gOish: A ground-mounted device commonly par-obol ic in shape, mounted at a .ixed point on the gr-ound 'or the purpose o' capturing television signals tr-ansmitted via satellite communications 'acil ities and serving the same or- similar 'unction as the common television antenna. Said devices ar-e herein de.ined as aecessory structures. t:..-, " 'i"; " ~I' ..'ii' Setbacl<..l,-i'l~:. A line wh i ch mar-ks the setback distance fr'om the property I ine, and establ ishes the minimum required 'ront, side and rear' yard space o' a building plat. Shoooino Cent~r-: A composite arrangement o' shops which provides a var-iety of goods and ser-vices to publ ic, when developed as an integral unit. and stores the gener'a 1 S i on. Adver.t is i nqE- advertising devices services not 1 imited sign is located. Poster panel, painted bulletins or other- lqh i ch pr'omote and adver t i se commod i ties or to being o"er-ed on the premises where such Sign, Business: A gr-aphic device which commodities or- services of'ered on the premises is located. adver-tises only where such sign Silln. Church and __gS~.Ic:lfl'L: Name plates and bulletin boar'd 'or' schools and churches located on premises, but not exceeding thir'ty (30) squar'e 'eet in area and not a flashing, inter-mittent, revolving or similar I ighted type. Fr'ee Standin(,Ll::l.Lgn: A free-standing sign suppor'ted by a single vertical suppor-t anchored Or set in the ground, no exposed 'ace 0'" wh i ch exceeds sixty-four (64 ).square 'eet .j h ..s.ur'ace area. #'.' pign, Real Estate: Temporary signs, pertaining to the sale or rental o. property upon which they 'are located, not exceeding twenty (20) squar-e 'eet in area and advertising property only 'or a use which it is legally zoned. -, Stor-age Gar-age: A "stor-age garage" is any pr-emise and str-ucture designed exclusively for the storage of automobiles. Sto!::)': That por'tion of a building, other' than a basement, included between the surface of any 'loor and the sur'ace of the floor- next above it or, i. there be no 'loor- above it, then the space between the 'loor- and the ceil ing next above it. Street: A publ ic or- private thorough'are which af'ords the principal means of access to abutting property. Str-eet Line~ A dividing 1 ine between a lot, tract, or- parcel o' land and a contiguous street. -81- .. f!:'1 4. .~ Str"uctur",.: Anyth i ng constr'ucted or- bu i 1 t, the use o' wh i ch requ ires permanen t 1 oCa t i on on the ground or at tachmen t to something having a per-manent location on the ground. Str'lJC tur'a 1 A 1 t;~r'at ~~l1s: Any change of a support i ng member of a. structure such as bearing walls, columns, beams or girders. Town House: Is a row o. single-family dwelling units which are ' attached-by one or' rnor'e common walls. Use: The purpose of activity ther'eby is des i gned, ar-r-anged occupied or maintained, and performance of such acitvity standards of this Ordinance. for which the land or building or intended, or- for which it is sha 11 i I1C I ude any manner o' with respect to the per-'or-mance Varietys;tor'e:. A retail commercial establ ishment which suppl ies a var-iety of household goods, toys, 1 ight hardware items, candy, some cloth i ng and other- gener'a 1 mer'chand i se. Variance: A legal deviation o. a district zoning regulation whose strict en'orcement will result in undue hardship. Pecuniary hardship to the owner, standing alone, shall not be deemed to constitute undue hardship. " Wreck i nq .0.r:S!!ilY<!l.g!i' y'ardj_ ApI ace where waste, discarded or salvage mater-ials ar-e brought, sold, exchanged, baled, packed, dissembled or handled, including auto ,qrecking yards, house ,qr'eck ing yar'ds, used lumber yards, and pI aces for storage o. salvaged materials of house wrecking and structural steel mater'ials and equipment; but not inCluding such places where such uses are conducted entirely within a completely enclosed building and not inclUding pawn shops and establishments for the sale, purchase or storage o. used furnitUre and household equipment when conducted entirely within a completely enclosed building, sale o' used cars in operating condition, or salvaged materials incidental to a manu'acturing oper-ation. Yar-d: An open space at grade between a building and the adjOining lot lines, unoccupied and unobstr-ucted by any por-tion of a structur-e fr-om the ground upward, except as otherwise pr'ov i ded her'e in. In rneasur' i ng a yar'd 'or' the pur'pose o' determining the width of a side yard, the depth of a front yard or the depth of the rear yar-d, the minimum horizontal distance between the lot I ine and the main building shall be used. Yar-d, Front:. A yar-d extending across the front o' a lot between the side lot lines, and being the minimum horizontal distance between the str-eet or- place line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncover'ed por'ch. On cor'ner' lots the 'ront yard shall be considered a parallel to the street upon which the lot has it's I east d i mens ion. -82- .~ " Yard. Re~,: A yard extending acr-oss the rear o' a lot and being the required minimum horizontal distance between the rear lot 1 ine and the rear o' the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconie"" or' unenclosed por'ches. Yar-d, Sid~~ A yar-d between the main o' the lot, and extending 'rom the required r-ear- yard and being the between a side lot 1 ine and the side projections ther-eto. building and the side line required 'ront yard to the minimum horizontal distance o' the main buildings or any Dei' in i t ions not e~<press 1 y prescr' i bed her'e i n ar'e to be construed in accordance with customary usage in municipal planning engineering practices. -83- 1 2 3 4 5 6 A - c B D I E ", ," .> '\ \~c. -,,'~ 7 .,v _.~~ 8 9 10 11 12 13 14 <,'-~~ ,.0C '" .' " E B F G ~f'f lJJ :Jl3JJ.E1Jf1 ~ 1400 LIVE OAK ROAD P.O, DRAWER I SCHERTZ, TEXAS 78154 AC (512) 658.7477 H J on .he G.o. '" ... N AACOG STREETS- PLUS PROGRAM ALAMO AREA COUNCIL OF GOVERNMENTS Mayor - Earl W, Sawyer City Manager Jimmy G, Gilmore COUNCIL Chuck Sharpe Hal Baldwin Ray Stanhope Adolph Aguilar Ken Greenwald Asst. City Manager Steve Simonson City Secretary June Krause Emergency Numbers Major 911 Fire: 658-3333 Police: 658-5321 Ambulance: 658-5321 Waste, Sewer & Garbage Pick-up Schertz City Hall 658-7477 Guadalupe Valley Elec. Co-op 658-7033 Southwestern Bell Telephone: New Service: 820-7044 Repair Service: 954-4102 Tax Office for Guadalupe County 1-800-792-0014 JUNE, 1986 J 1 2 3 4 5 -6 7 8 9 10 11 12 13 .. CZ}- 5- I NeWsPa~cGroup I . , ~., :- 4", '~ . .. ,',." P,O, BOX 2789 UNIVERSAL CITY. TEXAS 78148 (512) 658-7424 ~1- 5" f PUBLISHER'S AFFIDAVIT (COUNTY OF BEXAR) (STATE QJ,' TEXAS) I Lori Robinson, authorized representative of the HERALD NEWSPAPER GROUP, do solemnly swear that the notice, a printed copy of which is hereto attached, was published once a week for 1 consecu~ive weekes) in the HERALD NEWS published at Universal City, Bexar County, Texas on the following date(sl, to wit: Nov. 20 A.D., 198;;'. Subscribed and sworn to before me, this 20th My commission expires 20 October 1990 day of November , 1986. c~--'~.. Notary public in and for Bexar County, Texas (NOTARY SEAL) S(,;HERTZ TAKE NOTICE The Schertz City Council and Schertz Planning .. Zoning COmmission will hold a Public Zoning Hearill& on December 10,1988.at7:00p,m, in I the CoIlferenee Room of the . Municipal COmplex, 1400 Live Oak Road, Schertz. Texaa, The purpose of the public zoning heariDg Is to receive iDput from the public on the proposed . modlfteatlon of the : sebertz ZonIng Or. dlnance, ~cJ //1 A Division of Harte.Hanks Communications, Inc, I PUBLISHER'S AFFIDAVIT :1 j-, b 1 THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally /7 appeared ;)0# F '/1:>''2/;- known to me, who, being by me duly sworn, on his oath deposes and says that he is the publisher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy ofthe within and foregoing /TIC) lie f_ was published in said newspaper I times before the return day named therein, ----,------ --,--- AN ORDINANCE, AMENDING ARTICLE XXVII OF THE SCHERTZ ZONING ORDINANCE NO, 87-S-1, CREATING THE CITY OF SCHERTZ BOARD OF ADJUST- MENT, PRESCRIBING THE DUTIES AND QUAL- IFICATION OF ITS' MEM- BERS, THE METHOD OF FILING VACANCIES, PROVIDING FOR ADOP- TION OF RULES, REGU- LATIONS AND BY.LAWS, First reading approved the 19th day of July, 1994, June G. Krause, City Secretary such publications being on the following dates: 1\ 1 ~\ ,;;.;}., \ C. c.t "" o I ' and a newspaper copy of which is hereto attached. (l ~~l \ Sworn to and subscribed before me, this L day of ~ AD., 19 c;{/ {/ ? '7"hcu<, ~//{~~ NO~bliC, Gll"~~l~pe County, Texas f~~~~~".;"l.. Ii- ^ '(:0\ MARGARETL, CLARKSON ~ .' .,1,,,:'( ,.l NoIarVPubIC.StllllolTeYZ: \", j;J~ ,. jMycomm~KlnEXIIll'eSJan14.199l1 \",_h.,,~ l~...~~: c,;".1-:J '''''"''-.............. .........:..-....