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82-S-10- AMENDING THE ZONING ORDINANCE 79S15 ORDINANCE NO. <'f')-S-JO 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, TEXAS, IN ACCORDANCE WITH ARTICLE XIX, SECTION 2-2.1, WHICH AUTHORIZES THE CITY COUNCIL TO, FROM TIME TO TIME, AMEND, SUPPLEMENT, CHANGE, MODIFY, OR REPEAL THE REGULATION STANDARDS AND BOUND- ARIES OF THE CITED ORDINANCE, THIS ORDINANCE DOES AMEND ORDINANCE NO. 79-S-15, AND RECINDS ORDINANCE NO. 81-S-29, BY ADDING A NEW SECTION TO ARTICLE XXIII, ENTITLED "HOME OCCUPATIONS," WHICH ESTABLISHES THE REGULATION OF TYPES OF HOME OCCUPATIONS AUTHORIZED WITHIN THE CITY OF SCHERTZ, TEXAS, AND ESTABLISHES THE ADMINISTRATIVE PROCEDURES APPLICABLE TO "HOME OCCUPATIONS." WHEREAS, the Planning and Zoning Commission has recommended to the Mayor and the City Council that the changes made in this ordi- nance be adopted; NOW THERE~ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I "ARTICLE XXIII ADMINISTRATION Section 4. Home Occupation Home occupations are authorized within the City of Schertz according to the provisions of this section. 4.1 A home occupation is defined as follows: Any occupation or acti- vity carried on by a member or members of the immediate family, residing on the premises, in connection with which there is used no Sign other than a personal family name plate not more than one (1) square foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; 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 or mechanical equipment that may be used in conjunction with the home occupations cited in this article, Section 4.2. 4.2 It is recognized that not all authorized types of home octupations can be listed, however, the following types of home occupations are specifically authorized in the City of Schertz: a. Office of physician, dentist, other medical practitioners; lawyer, accountant, tax consultant, architect, professional and managerial consultants, salesperson, real estate agents, insurance agents, stenographer/administrative occupations. b. Dressmaker, seamstress, tailor. c. Author, composer, painter (fine art), sculptor. d. Music or dance teacher, tutor. (Musical instruction is limited to not more than two pupils at a time). e. Arts and crafts such as making of stained glass, ceramics, jewelry; lapidary work; rug weaving. f. Making and renovation of musical instruments. 4.3 It is also recognized that not all unauthorized types of home occupations can be listed, however, the following types of home occupations are specifically not authorized in the City of Schertz: a. Occupations that require equipment which creates noise, vibration, smoke, dust, odors, heat or glare, any of which is offensive to persons of ordinary sensibility in the neigh- borhood. b. Barbershop and beauty shop/parlor, hair stylist. c. Vehicle, and medium and heavy appliance repair, ie: Electric or gas mowers, electric motors (over one-horse rating), out- board and inboard boat motors, motorcycles. d. Clinic or hospital e. Stable or kennel. f. Animal clinic or hospital. g. Antique shop h. Gift shop. i. Restaurant, catering service or any food preparation for sale elsewhere or on premises. j. Renting of trailers. k. Tourist home. 1. Grooming of pets. m. Retail sales outlet n. Tattoo parlor/business. 4.4 Permit required. Each resident within the City of Schertz that has, or shall have, an authorized home occupation, is required to have a home occupation permit. There is no fee required for a permit. 4.5 Application for Home Occupation Permit. a. Applications for a Home Occupation Permit are available upon request to City Inspector, and shall be completed by each person having or desiring to have a home occupation. If the home occupation is one that is listed in Section 4.2, upon verification by the City Inspector, the City Inspector will issue a home occupation permit to the applicant. If the re- quested home occupation is a type that may be reasonably included as being authorized, the City Manager is authorized to make that determination and grant approval to the City Inspector to issue a home occupation permit. b. If the applicant desires a home occupation 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 unauthorized in Section 4.3, the City Inspector will accept the application and submit that application to the City of Schertz Planning and Zoning Commission for their consideration. 1. When an application is required to be submitted to the Planning and Zoning Commission, the City Staff will advise the applicant of the date of the meeting at which the application will be considered by that Commission, and the applicant is required to be present at that meeting for the application to be considered. 2. The Planning and Zoning Commission, after evaluation and consideration of the application, is authorized to make an interpretation that the requested home occupa- tion is within the realm of intent of those types of home occupations that may be authorized in the City of Schertz. If the requested home occupation is a type that is listed as unauthorized in Section 4.3 of this ordinance, the Planning and Zoning Commission may grant an exception and authorize the City Inspector to issue a home occupation permit. It will be up to the appli- cant to submit sufficient evidence that will support granting an exception. At least one type of supporting evidence that is authorized to be submitted to the Planning and Zoning Commission for their consideration is a signed statement by each property owner within two hundred (200) feet of the property on which the home occupation is to occur, stating that said property owner has no objection to the existance of the proposed home occupation. An example type of a statement is as foll ows: , the property owner at (ADDRESS), have been NAME OF HOME OCCUPATION APPLICANT of his the City of Schertz for a home occupation permit for the purpose of conducting (TYPE OF HOME OCCU- PATION), and I have no objection to a home occupation permit being granted by the City of Schertz to the per- son and for the purpose reflected in this statement." Signature of neighboring property owner, and date. 3. If the Planning and Zoning Commission disapproves the application for a home occupation permit, within five (5) days, that commission will cause the applicant to be notified in writing of the disapproval and the reason therefor. In that letter, the applicant will be advised of his/her right to appeal the decision to the City of Schertz Board of Adjustment according to the City of Schertz Zoning Ordinance Number 79-S-15, as is, or may be amended. 4.6 Home Occupation Permit Termination. a. Once issued by the City of Schertz, a home occupation permit remains valid for an indefinite period as long as the condi- tions remain the same as existed at the time the permit was issued or this ordinance is revised or amended to reflect otherwise. b. The City [nspector is authorized to periodically, at least annually, enter the premise that the home occupation is located to insure that compliance with this ordinance is being ful- filled. If compliance does not exist, the City Inspector may terminate the validity of the home occupation permit at that time. c. If a home occupation permit is terminated by the City Inspector, or any other authorized official of the City, the person having had a permit terminated must reapply for a permit under the conditions and procedures established by this section for the issuance of a home occupation permit. II 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-15. III The City of Schertz Ordinance No. 81-S-29, dated October 5, 1981, is hereby recinded. PASSED, APPROVED AND ADOPTED this the 19 '$;)- /6tk day of I1J1C/JL(:L , hertz, Texas ATTEST: (CITY SEAL) . . E X AMP L E APPLICATION FOR HOME OCCUPATION PERMIT TO: Planning and Zoning Commission City of Schertz, Texas In accordance with the City of Schertz Ordinance Number , I the undersigned do hereby request that I be authorized to perform a home occupation. In support of my request, the following information is submitted. 1. Complete name and address of applicant: 2. Complete description of home occupation to be performed: 3. Names of person(s) to be employed in the home occupation: 4. Are there any state or federal requirements, license, permits, etc., that will be required to perform this home occupation? If so, what are they? 5. Estimated additional street parking that will be required to support this home occupation. 6. Will the home occupation be performed within the residence, garage, or separate building? (Which one or what facility will be utilized?) .- 7. From the facility being utilized, what is the shortest distance from that facility to the most close property line? 8. To the best of your knowledge, do any property owners on either side of your property oppose your home occupation? 9. What will be the normal operating hours? Numb er days per week, which days, and operating hours during each day. 10. Have you ever been denied authorization for a home occupation by the City of Schertz? If so, when. 11. Include additional information, if any, that will support this request. Use additional pages if required to answer any of the above questions. Signature and date. 2 February 2, 1982 TO: Schertz City Council A Public Hearing was conducted on February 2, 1982, to consider a recommendation by the Planning and Zoning Commission to amend Ordinance No. 79-S-l5, the Schertz Zoning Ordinance, to establish a new section in that ordinance to be titled "Home Occupation". After due consideration, this Commission does hereby recommend the following action: ,. ..---, ~=COMMEND A~~Y_AL RECOMMEND DISAPPROVAL r1~~~ ~~lanning and Zoning Commission ,- _ OffICE 1 22 E... Ilyod P,O, e.. 2789 ~CRy. TelOS ?81CB (512) 658-7424 PUBLISHER'S AFFIDAVIT COtMY OF BEXAR) STA...'"E OF ~\S} I, Therese A. SO!lres , 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 consecutive weeks in the Northside/ Northeast/Northwest Herald, published at Universal City, Bexar - County, Texas, on the followiog dates, to-wit: March 2'; 'A.D., 1982. '---'\0..,.. Mn~'lcll. 0 ~~r Group Subscribed and sworn to before me, this c1S day of ~J.___ / 1~J.L . /'tJ 'J}; /'[ ~ ( ()~ , ( ~.AU41. I' Notary Public in and for! Bexar County, Texas. ~!rlllo"'U<<N"" ('....."O'ly '" T"""". NOAIHSIOE_H, 1013N.W.loopCIO San fWonJo. Taos 73213 (512) 349-1979 I ORDINANCE NO, 8:t- 8-10 : An Ordinance by the City Council of the City of Schertz. Texas, amending the Zoning Ordinance No, 79~S-15 i in accordance with Article XIX, Section 2~2.l, which authorizes the City Council to, from time to time, amend, supplement, change, modify, or repeal the refulation standards and boundaries of the cited I ordinance, this Of. I dinance does amend : ordinance No, 79~S~ 15, and rescinds Or- dinance No, 81~S~29, by adding a new section to Article XXIII, entitled "Home Occupations," whieh establishes the regulation of types of home occupations authorized within the city of Schertz, Texas, 'and establishes the . administrative proc. edures applicable to "Home Occupations." Passed, approved and adopted the 16th day of March, 1982, s/JuneG, Krause City Secretary City of Schertz p ~~%i ./-.' 1 U (t