85S10 AMENDING ZONING ORDINANCE 79S15
ORDINANCE No.J5 -5 - 10
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING THE ZONING
ORDINANCE NO. 79-S-l5 OF THE CITY OF SCHERTZ
BY ADDING A NEW SECTION TO ARTICLE XVI,
ENTITLED "SPECIAL OVERLAY DISTRICT FM 3009";
PROVIDING A PENALTY AND REPEALING ALL
ORDINANCES IN CONFLICT.
WHEREAS, the City Council wishes to comply with Article
XIX, Section 2, 2.1 of cited ordinance which requires the
Planning and Zoning Commission to review the Zoning Ordinance at
least every three years and make recommendations to the Mayor and
City Council that appropriate amendments be made; and
WHEREAS, the Planning and Zoning Commission has recommended
to the Mayor and City Council that the change made in this
ordinance be adopted; and
WHEREAS, the appropriate public hearings and notices have
been had; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
I
THAT the Zoning Ordinance No. 79-S-l5, of the City of
Schertz, Texas is hereby amended as follows:
"ARTICLE XVI
HEIGHT AND AREA SPECIAL CONSIDERATIONS
Section 4
Special Overlay District FM 3009
4.1 Location: To a depth of 300 feet in any direction along
the right-of-way of FM 3009 within the City of Schertz.
4.2 Obiective: To provide a safe through street avoiding
excessive traffic signals, congestion and distractions, which
includes protecting the natural environment and water shed, in
turn providing an attractive development site and entrance to the
City.
4.3 Requirements: To achieve the objective of the FM 3009
Special Overlay District, the following additional zoning
requirements are established for this location:
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A. Landscaped Buffer or Scenic Easement: A continuous
twenty foot wide landscape buffer or scenic easement will be
provided contiguous to the FM 3009 right-of-way. Existing trees,
especially the Live Oak trees, will be preserved if at all
possible. Trees, as necessary, will be planted to provide an
average density of one tree (preferably Live Oak) per twenty feet
along FM 3009. The landscaped buffer area shall be modified and
graded to blend with the right-of-way planted with clean massing
of low maintenance plant material. The grasses used should be
clump types and not overly aggressive. Native grasses, such as
Nezpar Indian Ricegrass, sand lovegrass, side oats grama,
bluegama are recommended with a mixture of wild flower seed. The
buffer area shall be designed to provide for drainage detention,
controlling the run-off based on a ten year frequency designed in
such a manner for storm water flow not to exceed four feet per
second velocity. Irrigation of this landscaped buffer is
encouraged and maintenance will normally be the responsibility of
the owner to the paved surface. No trees or hedges can be
planted within ten feet of the paved right-of-way.
B. Off-street Parking: Parking will be permitted adjacent
to the continuous landscaped buffer area along FM 3009. Off-
street parking may encroach 10 feet into the required landscaped
buffer areas when the land contours and other conditions permit.
However, parking and vehicular use area contiguous to FM 3009
right-of-way shall have land berm walls or hedge to reduce
vehicular reflections and distractions onto traffic traveling FM
3009. No parking will be permitted on the FM 3009 right-of-way.
All off-street parking spaces must be clearly marked and paved
hard ashalt or concrete surface.
C. Driveways and access to FM 3009: Access to FM 3009 will
be limited to provide for safe traffic flow, and design shall
provide interior drives to limit the number of access to this
roadway. Contiguous paved safety and fire lanes should be used
to limit the amount of access to FM 3009 and be stubbed out to
adjoining property to be continued with future development.
Interior traffic flows shall have land berm or hedge to reduce
vehicular reflections onto traffic traveling FM 3009.
Right turn acceleration/deceleration lane or marginal access
road shall be required when driveways are closer than 300 feet
along FM 3009. Regardless of the spacing of driveways, right
turn acceler-ation/deceleration lanes shall be provided at each
driveway which has an average daily volume of more than 1,000
vehicles or an average inbound peak hour volume of fifty right
turns or more. Access to FM 3009 shall be planned to match
existing access or land conditions on the opposite side of FM
3009. All driveways shall be constructed with concrete from the
property line to match the FM 3009 pavements, dedicated streets
may be asphalt. All driveways shall have a minimum sight
distance of 240 feet. Safety and fire lanes shall provide open
space to permit verticle vehicular clearance of 13.6 feet.
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D. Building Setback Line: No building will be permitted
within fifty feet of FM 3009 right-of-way which will include
signs, banners, pennants or flags of any type except as provided
for below. The required 50 foot building setback line may be
adjusted, by the Planning and Zoning Commission, when it is
determined the requirement is too restrictive or existing
structures are already in place. These exceptions, will
normally, only be granted in residential developments; however,
exception can be granted in certain cases in commercial
development. Exception can only be granted when it is shown
there is undue hardship or extensive expense due to the contours
of the land, drainage or odd shaped lots. Authorized accessory
buildings, being placed in rear yards of residential developments
abutting FM 3009 right-of-way, must have screens as provided for
in Section F.
E. Sign Restriction: No signs, banners, pennants or flags of
any type, including charitable services or appeals and political
service or appeals, shall be erected or maintained in this
district except in conformity with the following requirements or
other requirements of the Zoning Ordinance of which the most
restricting provision shall prevail. No signs shall be permitted
to be placed in the right-of-way of FM 3009 except as indicated
in item 12 below.
1. Signs visible from the exterior of any building may
be lighted, but no signs or any other contrivance shall be
devised or constructed so as to rotate, gyrate, blink or move in
any animated fashion.
2. Signs shall be restricted to advertising only the
person, firm, company or corporation operating the use conducted
on the site or the product sold or produced thereon. A multi-
tenant building sign may be permitted on common pylon sign to
support individual tenant identification signs.
3. All signs which are attached to the buildings must
be flush-mounted and shall not project above the roof line.
4. Signs painted directly on the exterior surface of a
wall shall not be permitted.
5. Special purpose signs and directional and traffic
control signs shall be approved by the planning and Zoning
Commission prior to their construction. Special purpose s~gn
shall be of a low profile type with a height normally not to
exceed 5 feet. Special purpose sign may be used to announce an
entrance to a major residential or commercial development or
project. permission to have a special purpose sign will not
normally be granted to a development with less than 200 feet of
frontage along the right-of-way of FM 3009. Special purpose sign
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may be permitted in the center island of the entrance and exit of
a development site, but must be placed in such a manner so as not
to obstruct the traffic vision and cannot be placed in the FM
3009 right-of-way.
6. Each business is permitted to have one low profile
type sign not attached to the building. The sign shall be
approved, by the Planning and zoning Commission, prior to
construction. Sign shall be a low profile type, normally not to
exceed 5 feet, and the maximum allowed size does not exceed 0.40
square feet for every foot of frontage along FM 3009 right-of-way
with a maximum size of one hundred square feet allowed.
7. Displaying the flag of the United States of America
and the Texas flag is permitted behind the required building set
back line. Flag shall not exceed 4 x 6 feet and height of pole
cannot exceed twenty five feet.
8. Temporary Development signs, as described elsewhere
in the Zoning Ordinance, announcing or describing a legally
approved subdivision or land development may be temporarily
erected by obtaining approval from the Planning and Zoning
Commission. These signs must be located at least ten feet from
any driving surface. These signs shall be maintained and kept
attractive during their time standing. The Commission will
establish the time period the sign will be permitted and cause
the removal of said sign as authorized in this district.
9. Temporary sign pertaining to the lease, rental or
sale of premise or structure located thereon is permitted when
located on such premise or structure. Such sign shall not be
lighted and shall not exceed fifteen square feet in area. These
signs must be located at least ten feet 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, trailer, portable sign or
bench sign shall be permitted.
11. Banners and pennants may be permitted for a period
not to exceed ten (10) days for grand openings. However, prior
approval shall be obtained from the Planning and Zoning
Commission.
12. Directional signs, commonly referred to as "bandit
signs", identifying new or special project 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 500 feet with
size restricted to 2 x 2 feet. The Commission at the time of
approval shall establish the size, location, number, height,
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spacing and time period for sign to be displayed in this
distr ict. These restr ictions also apply to garage/yard sales,
political and charitable signs. These signs will not be
permitted in areas that might obstruct the traffic vision.
Applicant will be responsible for checking with utility companies
on the location of under ground utilities.
13. All signs shall be perpetually maintained and
present a fresh-looking appearance at all times.
F. OUtdoor Storage Screens: No materials, supplies or
equipment, including any trucks or trailers, shall be stored or
parked in any area in this district. Garbage and refuse
containers shall be concealed by means of a screen or placement
behind the buildings so that containers cannot be seen from the
frontage along the building setback line. Screens and fences
shall form a complete opaque screen, be of a minimum height of
six (6) feet or the height of the material being screened,
whichever is higher. The materials used for screening may be of
plants and/or solid fencing compatible with other design elements
on the building site. Fence enclosing portions of the property
shall be permitted provided they do not encroach on the required
building set back lines. Exception to the fence requirement is
permitted in residential development when the rear or side yard
abuts the FM 3009 right-of-way. All screening materials
including fence shall be perpetually maintained and present a
fresh looking appearance at all times. All mechanical equipment,
utility meters, roof mounted materials and storage tanks shall be
screened from view compatible with other design elements.
G. Sidewalks: Reinforced concrete sidewalks, four feet wide,
shall be required contiguous to FM 3009 along the property line.
Exception to this requirement may be approved by Planning and
Zoning Commission when it is determined another method of
pedestrian circulation along FM 3009 is acceptable.
H. Exterior Construction: All buildings shall be of
masonry construction or it's equivalent or better; finished with
concrete, brick, stone, glass or their equivalent. Developers
will establish exterior design standards to be compatible with
other surrounding design elements.
I. utilities: All utilities will be underground.
J. Natural Environment: Live Oak trees eight inches or more
in diameter should not be removed from this district. Site plans
should provide for these trees, providing island in parking lots
and landscaping surrounding structures.
K. Land Use: All sales and service activities must take
place indoors. Exceptions for the following outside sales and
service may be granted by the Planning and Zoning Commission
after approval of the site construction plans.
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1. Drive through banks
2. Fast food
3. Service station
4. Child care center
5. Telephone stands
6. Newspaper stands
7. Nursery sales
8. Restaurant patio
4.4 HQH-CONFORMANCE: Non-conformance with this District will be
identified within 180 days after the effective date by the
Planning and Zoning Commission and/or the City Building
Official. Appropriate action as identified in Article XXV of the
Zoning Ordinance will be taken to notify responsible party or
parties to repair or remove non-conformance within ninety days.
The Commission shall have the authority to grant a time extension
normally not to exceed an additional ninety (90) days from the
original notification and under no circumstance will a non-
conformance be permitted after three years from the effective
date of this district. Should the responsible party or parties,
after due notification, fail to correct violations of this
district; the City shall cause such non-conformance to be
corrected. The City shall also file against the property a lien
in the amount of the cost of such work.
II
THAT the penalty for the violation of this ordinance shall
be the same as prescribed in Article XXV, Section 2, of the City
of Schertz Ordinance No. 79-S-l5.
III
THAT all ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed.
Approved on first reading the~y of
ADOPTED the
, 1985.
Yl1c~
&/~
.
1985.
PASSED~ROVED AND
C~J
day of
rtz, Texas
ATTEST:
~~~./c ~~-_/-
~City ecretary, City ~~
(SEAL OF CITY)
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