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1979S15- ZONING ORDINANCE ORDINANCE NO. 79-5-15 ZONING ORDINANCE PASSED, APPROVED AND ADOPTED the 21st day of August, 1979 ORDINANCE NO. 79-$-15 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 DISTRIBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES; TO REQUIRE OFF-STREET PARKING AND LOADING; AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE, SIZE AND CHARACTERISTICS AS MAY BE ADVISABLE TO CARRY OUT THESE REGULATIONS; TO PROVIDE FOR ITS ENFORCEMENT; TO PROVIDE FOR A BOARD OF AD- JUSTMENT; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISION. 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 Schertz believes 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 welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; to preserve the natural environment; and to encourage the most appropriate use of land throughout the city, all in accordance with a Master Plan, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: TABLE OF CONTENTS ART! CLE I ARTI CLE I I ART! CLE II I ARTICLE IV ARTICLE V ARTI CLE VI ARTI CLE VI I ARTI CLE VI II CITY OF SCHERTZ, TEXAS P REAt~BL E Section 1 Section 2 Section 3 Title Enacting Clause Purpose DISTRICTS, DISTRICT BOUNDARIES, OFFICIAL ZONING MAP, NEW AND UNSCHEDULED USES, AND COMPLIANCE REQUIRED Section 1 Section 2 Section 3 Section 4 Section 5 Districts Boundari es Official Zoning Map Classification of New and Unscheduled Uses Compliance Required NEWLY ANNEXED TERRITORY Section 1 PRE-DEVELOPMENT DISTRICT REGULATIONS PD Annexed Territory-Temporary Section 1 Regulations Pre-Development District SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l Section 1 Section 2 Section 3 Use Regulations Height Regulations Area Regulations SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-2 Section 1 Section 2 Section 3 Use Regulations Height Regulations Area Regulations TWO FAMILY DWELLING DISTRICT R-3 Section 1 Section 2 Section 3 Use Regul ati ons Height Regulations Area Regulations APARTMENT/MULTI-FAMILY DWELLING DISTRICT, R-4 Section 1 Section 2 Section 3 Use Regul ations Height Regulations Area Regulations - i - 1 1 1 1 2 3 3 4 5 5 6 6 6 7 7 7 8 8 8 9 9 9 ARTICLE IX GARDEN HOME DWELLING DISTRICT R-5A & R-5B Section 1 Use Regulations 10 Section 2 Height Regulations 10 Section 3 Garden Home Dwelling District R-5A 10 Section 4 Area Regulations R-5A 11 Section 5 Garden Home Dwelling District R-58 12 Section 6 Area Regulations R-5B 12 Article X MOBILE HOME DISTRICT Section 1 Use Regul ati ons 13 Section 2 Height Regulations 13 Section 3 Area Regulations 14 ART! CLE XI OFFICE AND PROFESSIONAL DISTRICT Section 1 Use Regulations 14 Section 2 Height Regulations 14 Section 3 Area Regulations 14 ARTICLE XII NEIGHBORHOOD SERVICE DISTRICT Section 1 Use Regulations 15 Section 2 Height Regulations 15 Section 3 Area Regulations 15 ARTICLE XII I GENERAL BUSINESS DISTRICT Section 1 Use Regulations 16 Section 2 Height Regulations 16 Section 3 Area Regulations 16 ARTICLE XIV INDUSTRIAL DISTRICT GROUP A, M-l Section 1 Use Regulations 17 Section 2 Height Regulations 17 Section 3 Area Regulations 17 ARTI CLE XV INDUSTRIAL DISTRICT GROUP 8, M-2 Section 1 Use Regulations 18 Section 2 Height Regulations 18 ARTICLE XVI HEIGHT AND AREA SPECIAL CONSIDERATIONS Section 1 Overall Height and Area Regulations 18 Section 2 Special Height and Area Considerations 18 - ii - ARTICLE XVII PARKING REGULATIONS Section 1 Section 2 ARTICLE XVIII Purpose Off-Street Parking and Loading Requirements 20 21 SIGN REGULATIONS Section 1 Section 2 ARTICLE XIX AMEN D~IENTS Section 1 Section 2 Section 3 Section 4 Genera 1 Special District Sign Requirements 24 25 Statement of Intent Changes and Amendments Procedure for Amendment Petition Public Notice and Procedure for Amendments 26 26 28 29 32 ARTICLE XX ARTICLE XXI SPECIFIC USE PERMITS PLANNED RESIDENTIAL UNIT DEVELOPMENT Section 1 Planned Residential Unit Development 33 ARTI CLE XX II REGULATIONS OF NON-CONFORMING USES Section 1 Continuance of Use 35 Section 2 Change of Use 35 Section 3 Damage and Destruction 35 Section 4 En 1 a rgement 36 Section 5 Normal Maintenance 36 Section 6 Structural Changes 36 ARTICLE XXI II ADMINISTRATION Section 1 Administrative Provisions 36 Section 2 Certificates of Occupancy and Comp 1 i ance 37 Section 3 Procedure 38 ARTICLE XXIV BOARD OF ADJUSTMENT Section 1 Board of Adjustment 38 Section 2 Jurisdiction 38 Section 3 Allowances by Board of Adjustment 39 Section 4 Applications for Special Exceptions 39 Section 5 Stay of Proceedings 40 Section 6 Hearing of Appeals 40 Section 7 Court Appeal 40 - i i i - ARTI CLE XXV ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT Section 1 Enforcement 41 Section 2 Violation and Penalties 42 Section 3 Provisions Minimum Requirements 42 Section 4 Repeal Confliction Ordinances or Orders 43 Section 5 Severabil ity Cl ause 43 ARTICLE XXVI EFFECTIVE DATE 43 APPENDIX A SCHEDULE OF USES 44 APPENDIX B DEFINITIONS 53 - i v - ART! CLE I PREM1BLE Section 1 Title Thi s ordi nance sha 11 be known as "The Ci ty of Schertz, Texas, Zoning Ordinance". Section 2 Enacting Clause That there be enacted the following Zoning Ordinance, which amends in its entirety, the Zoning Ordinance of the City of Schertz, Texas, dated November 28, 1974, said amendment together with a map creating and delineating zoning districts. Section 3 Purpose The Zoning Regulations and Districts as herein established have been made in accordance with a Comprehensive Plan for the purpose of promoting the health, safety, and general welfare of the City. They have been designed to lessen the congestion in the street; to secure safety from fire, panic and other danger; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transpor- tation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of building and encouraging the most appropriate use of land throughout the City consistent with a Comprehensive Plan. ARTI CLE II DISTRICTS, DISTRICT BOUNDARIES, OFFICIAL ZONING MAP, NEW AND UNSCHEDULED USES, AND COMPLIANCE REQUIRED Section 1 Di stri cts The City of Schertz is hereby divided into types of districts as follows: PD Pre-Development District R-l Single Family [Melling District R-2 Single Family Dwelling District - 1 - Section 2 R-3 Two Family Dwelling District R-4 Apartment/Multi-Family Dwelling District R-5A Garden Home District - Zero Lot Line Construction R-5B Garden Home District-Conventional or Traditional Construction MH Mobile Home District OP Office and Professional District NS Neighborhood Services District GB General Business District M-l Industrial District-Performance Standard Group A M-2 Industrial District-Performance Standard Group B 5 Specific Use Permit Boundaries ~ The boundaries of these districts are indicated upon the Zoning Map of the City of Schertz, which is on file in the offices 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 official Zoning Map, the following rules shall apply: 2.1 Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. 2.2 Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 2.3 Boundaries indicated as approximately following city limits shall be construed as following such city limits. 2.4 Boundaries indicated as following shorelines of creeks shall be construed to follow such shore- lines;and in the event of their movement, the boundaries shall be construed as moving with the actual shoreline. Boundaries indicated as approx- imately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. 2.5 Boundaries indicated as followina railroad lines shall be construed to be midway between the rails of the main line. 2.6 In unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map. - 2 - 2.7 In the case of a district boundary line dividing a property into two parts, the property will remain divided until the property owner, firm or corporation petitions the City Council for rezoning. 2.8 Section 3 Whenever any street, alley or other public 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. Official Zoning Map Maintenance of Zoning Map: The Official Zoning Map shall be kept in the office of the City Secretary and one(l) copy shall be maintained in the office of the Building Official. One (1) copy shall be kept by the Planning and Zoning Commission. 3.1 3.2 It shall be the duty of the City Secretary to keep the Official Map current and the copies thereof, herein provided for, by entering 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 the 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 likewise officially identify the copies directed to be kept by the Planning and Zoning Commission and in the office of the Building Official. All amend- ments of the Map shall be made immediately after their enactment and the date of the change shall be noted on the Certificate. Section 4 Classification of New and Unscheduled Uses. It is recognized that new or unlisted types of land use may seek to locate in the City of Schertz. In order to provide for such contingencies, a determination of any new or unlisted form of land use shall be made as follows: 4.1 The Building Official shall refer the question con- cerning any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning district into which such use should be placed. The referral of the use interpretation ques- tion shall be accompanied by a statement of facts - 3 - listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. 5.1 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 its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be per- mitted. Such Public Hearings shall be scheduled and conducted in accordance with the provisions of Article XIX, Sections 4.3 and 4.5. The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council, shall review recommendations of the Planning and Zoning Commission, and make such determination concerning the classifi- cation of such use as it determines appropriate. Compliance Required No land shall be used for and no building shall be erected for or converted to any use other than pro- vided in the regulations prescribed for the district in which it is located, except as hereinafter provided. The minimum yards, parking spaces, and open spaces, including lot area per family, required by the Height and Area provisions of this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Ordinance for the district in which such lot is located. 4.2 4.3 Section 5 5.2 There shall not be more than one residential dwelling on a lot on a duly recorded plat. - 4 - ARTI CLE II I NEWLY ANNEXED TERRITORY Section 1 Annexed Territory-Temporary Classification All territory hereafter annexed to the City of Schertz shall be temporarily classified as PD, Pre-Development District. The Planning and Zoning Commission will review all territory for consideration of zoning within 180 days of annex- ation. The procedure for establishing permanent classification of annexed territory shall conform to the procedure established by law for the adopt- ,ion of the original zoning regulations. ARTICLE IV PRE-DEVELOPMENT DISTRICT REGULATIONS PD Section 1 In an area temporarily classified as PD, Pre- Development District: 1.1 No Person shall erect, construct, or add to any building or structure or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy therefore from the Building Official or the City Council as may be required herein. 1.2 No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construc- tion of a building permitted in the PD, Pre-Develop- ment District, unless and until such territory has been classified in a district other than the PD, Pre-Development District, by the City Council in the manner provided by law, except that a building permit may be issued in accordance with the provisions as foll ows. 1.3 An application for a permit for any use other than that specified in paragraph 1.2 above shall be made to the Building Official of the City of Schertz, and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission in making its recommendation to the City Council concerning any such permit shall take into consideration the appro- priate land use for the area and the Comprehensive Land Use Plan for the City of Schertz. The City Council after recieving and reviewing the recommendations 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 appli- cation. - 5 - 1.4 Use Regulations: In a Pre-Development District no land 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, "New and Unscheduled Uses". ARTICLE V SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l Section 1 Use Regulations: A Building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4, "New and Unscheduled Uses". Section 2 Height Regulations: No building shall exceed thirty-five (35) feet. Section 3 Area Regulations: 3.2 Front Yard Setback: The front yard setback shall be a minimum of twenty-five (25) feet. 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) feet on anyone side. 3.1 3.3 Rear Yard Setback: There shall be a rear yard, having a depth of not less than twenty (20) feet. Area of Lot: The minimum area of the lot shall be nine thousand six hundred (9,600) square feet. 3.4 3.5 Width of Lot: The minimum width of the lot shall be eighty (80) feet. 3.8 3.9 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred twenty (120) feet. Parking Regulations: A minimum of two (2) off- street parking spaces shall be provided for each lot. (See Article XVII) Sign Regulations: (See Article XVIII) 3.6 3.7 Accessory Buildings: No accessory building, as permitted herein shall occupy more than forty (40) percent of the required rear yard. Accessory build- ings shall be set back three (3) feet from common - 6 - property lines, provided, however, that where the rear lot line is the line of an alley or easement twenty (20) feet or more in width, no setback shall be required. No accessory buildings 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 building 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 line. No accessory building shall be con- structed in the front yard. ARTICLE VI SINGLE FAMILY DWELLING REGULATIONS R-2 Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4, "New and Unscheduled Uses". Section 2 building shall exceed Section 3 Area Regulations: 3.4 Front Yard Setback: The front yard setback shall be a minimum of twenty (20) feet. EXCEPTION: In any R2 zoning district, a carport may be constructed under the following guidelines: a.) It can not extend past the front property line; b.) It can not violate provisions for side yards; c.) It must be completely open to the sides so as not to obstruct the view of traffic; d.) It may be attached or detached; e) The top covering material may not extend down the sides more than twelve (12) inches. 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) feet on anyone side. Rear Yard Setback: There shall be a rear yard, having a depth of not less than twenty (20) feet. Area of Lot: The minimum area of the lot shall be seven thousand, five hundred (7,500): square feet. 3.1 3.2 3.3 3.5 Width of Lot: The minimum width of the lot shall be seventy-five (75) feet. - 7 - 3.7 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. Parking Regulations: A minimum of two (2) off-street parking spaces shall be provided on each R-2 Sin~le Family Dwelling District lot. (See Article XVII) Sign Regulations: (See Article XVIII) 3.6 3.8 3.9 Accessory Buildings: No accessory building as per- mitted herein, shall occupy more than forty (40) percent of the required rear yard. Accessory build- ings shall be set back three (3) feet from the rear property line, provided, however, that where the rear lot line is the line of an alley twenty (20) feet or more in width, no setback shall be required. No accessory building may be closer than ten (10) feet to the main building in the rear yard. Acces- sory buildings as permitted herein may be allowed in required side yards, provided, however, that no accessory building 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 line. No accessory building shall be allowed in the front yard, with the exception of carports as provided for in Section 3.1. ARTI CLE VII TWO FAMILY DWELLING DISTRICT R-3 Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4, "New and Unscheduled Uses". Section 2 Height Regulations: No building shall exceed thirty- fi ve ( 35) feet. Section 3 Area Regulations: 3.1 Front Yard Setback: The front yard setback for R-3 Two Family Residence District shall be a minimum of twenty-five (25) feet. Side Yard Setback: There shall be two (2) 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) feet on anyone side. 3.2 3.3 Rear Yard Setback: There shall be a rear yard having a depth of not less than twenty (20) feet. - 8 - 3.4 Area of Lot: The minimum area of the lot shall be seven thousand, five hundred (7,500) square feet. 3.5 Width of Lot: The minimum width of the lot shall be seventy-five (75) feet. 3.6 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. 3.7 3.8 Parking Regulations: A minimum of two (2) off- street parking spaces per dwelling unit shall be provided on each Two Dwelling Unit R-3 District lot. (See Article XVII) Sign Regulations: (See Article XVIII) Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty (40) percent of the required rear yard. Accessory buildings shall be set back three (3) feet from the rear property line, provided, however, that where the rear lot line is the line of an alley twenty (20) feet or more in width, no setback shall be required. No accessory building 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 building 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 line. No accessory buildings shall be allowed in the front yard. 3.9 ARTICLE VIII APARTMENT/MULTI-FAMILY DWELLING DISTRICT, R-4 Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses, and Article II, Section 4, "New and Unscheduled Uses". Section 2 Height Regulations: No building shall exceed thirty-five (35) feet. Section 3 3.1 Area Regulations: Front Yard Setback: The front yard setback shall be a minimum of twenty-five (25) feet. Side Yard Setback: There shall be an aggregate of side yards of at least twenty (20) feet and a mini- mum of ten (10) feet on either side of the building. Rear Yard Setback: There shall be a rear yard having a depth of not less than twenty (20) feet. 3.2 3.3 - 9 - 3.4 Area of Lot: The minimum area of the lot shall be ten thousand (10,000) square feet, for the first three (3) units and eighteen hundred (1,800) square feet for each additional unit. 3.5 Width of Lot: The minimum width of the lot shall be one hundred (100) feet. 3.6 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. Parking Regulations: A minimum of two (2) off- street parking spaces per dwelling unit shall be provided for each residence in an Apartment/Multi- Family Dwelling District. (See Article XVII) Sign Requlations: (See Article XVIII) Accessory Buildings: No accessory building as per- mitted herein, shall occupy more than forty (40) percent of the required rear yard. Accessory buildings shall be set back three (3) feet from the property line, provided, however, that where the rear lot line is the line of an alley twenty (20) feet or more in width, no setback shall be required. No accessory building 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 ~ccessory building 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 line. No accessory buildings shall be allowed in the front yard. 3.7 3.8 3.9 ART!CLE I X GARDEN HOME DWELLING DISTRICT R-5A & R-5B Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule for Uses and Article II, Section 4 "New and Unschedul ed Uses". Section 2 Height Regulations: No building shall exceed thirty- five (35) feet. GARDEN HOME DWELLING DISTRICT R-5A: Section 3 The following regulations shall apply to the Single Family Dwelling, R-5A Garden Home Dwelling District, Zero Lot Line Construction. - 10 - 3.1 Requirements: The plat of the requested area shall incorporate the requirements for an R-5A, as follows: Zero lot line, one-family dwellings can be construct- ed in an area requested and approved for designation as R-5A. Zero lot line homes will be uniformly located on the same side of the lot within a street block. Zero lot line homes shall have no windows on the side of the house which abutts the property line. No area shall be designated R-5A that contains less than five (5) adjoining lots on each street. The entire frontage of one side of the street in the block must be included in the R-5A designation. An exception may be made where an alley breaks the block on that side of the street. Section 4 Area Regulations for R-5A Zero Lot Line Construction: Front Yard Setback: The front yard setback for R-5A Garden Home District is set at a minimum of ten. (10) feet. 4.1 4.2 Side Yard Setback: The building may be constructed with a zero side yard on one side and a side yard of not less than ten (10) feet on the other side. This ten (10) foot side yard shall extend the full depth of the lot. Five (5) feet of the property that abutts the zero property line shall be desig- nated as a maintenance easement. This easement shall extend the depth of the lot. Exceptions are permitted so that the end houses of the row will have a ten (10) foot side yard clearance from the street right-of-way. Under no circumstances will the clearance between the houses be less than ten (10) feet. 4.3 Rear Yard Setback: There shall be a rear yard having a depth of not less than ten (10) feet. 4.4 Area of Lot: The minimum area of the lot shall be five thousand (5,000) square feet. Width of Lot: The minimum width of the lot shall be fifty (50) feet. 4.5 4.6 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. - 11 - 4.7 Parking Regulations: A minimum of two (2) off- street parking spaces per dwelling unit shall be provided for each residence in a R-5A Garden Home District. 4.8 Access to Parking: A twenty (20) foot paved alley must be provided for ingress and egress to all rear garages. 4.9 4.10 Sign Regulations: (See Article XVIII) Accessory Buildings: No accessory building as permitted herein, shall occupy more than forty (40) percent of the required rear yard. Accessory buildings shall be set back three (3) feet from the rear property line. provided, however, that where the rear lot line is the line of an alley twenty (20) feet or more in width, no setback shall be required. No accessory building may be closer than ten (10) feet to the main building in the rear yard. Accessory buildings shall not be allowed in front or side yards. Section 5 GARDEN HOME DWELLING DISTRICT, R-5B CONVENTIONAL OR TRADITIONAL CONSTRUCTION. The following regulations shall apply to the Single Family Dwelling R-5B Garden Home Dwelling District, Conventional or Traditional Construction. 5.1 Requirements: The plat of the requested area shall incorporate the requirements for a R-5B area, as follows: Conventional or Traditional Construction, single- family dwellings can be constructed in an area requested and approved for designation R-5B. No area shall be designated R-5B that contains less than five (5) adjoining lots on each street. The entire frontage of one side of the street in the block must be included in the R-5B designation. An exception may be made where an alley breaks the block on that side of the street. Section 6 Area Regulations for R-5B Conventional or Traditional Construction 6.1 Front Yard Setbacks: The front yard setback for R-5B Garden Home District shall be a minimum of ten (10) feet. 6.2 Side Yard Setbacks: The side yard setback for R-5B Garden Home District is ten percent (10%) of the - 12 - total lot width or a minimum of five (S) feet on either side. Corner lots shall have a ten (10) foot side yard setback from the street right-of-way. 6.3 Rear Yard Setbacks: There shall be a rear yard having a depth of not less than ten (10) feet. 6.4 Area of Lot: The minimum area of the lot shall be five thousand (S,OOO) square feet. 6.5 6.7 Width of Lot: The minimum width of the lot shall be fifty (SO) feet. Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. Parking Regulations: A minimum of two (2) off- street parking spaces per dwelling unit shall be provided for each residence in an R-5B Garden Home District. 6.6 6.8 Access to Parking: A twenty (20) foot paved alley must be provided for ingress and egress to all rear ga rages. 6.9 6.10 Sign Regulations: (See Article XVIII) Accessory Buildings: No accessory building as per- mitted herein, shall occupy more than forty percent (40%) of the required rear yard. Accessory buildings shall be set back three (3) feet from the rear pro- perty line, provided, however, that where the rear lot line is the line of an alley twenty (20) feet or more in width, no setback shall be required. No accessory building may be closer than ten (10) feet to the main building in the rear yard. No accessory buildings will be allowed in the side or front yards. ART!CLE X MOBILE HOME DISTRICT Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4, "New and Unschedul ed Uses". Al so, See Mobil e Home Ordinance #77-M-9. Section 2 Height Regulations: The height limitations for any structure in the Mobile Home District shall be thirty (30) feet. The average height of the mobile hom~ frame above the ground elevation, measured at 90 to - 13 - 3.1 the frame, shall not exceed three (3) feet. Area Regulations: Open Space Requirements: 1. The minimum front yard setback shall be ten (10) feet from the nearest corner of the mobile home to the front line of the mobile home space. Section 3 2. No mobile home shall be closer than ten (10) feet to any property line nor closer than twenty- five (25) feet to the property line adjoining a public street. 3. For other structures on each space the mini- mum setback shall be at least ten (10) feet. 4. The minimum distance between mobile homes at any pOint shall be twenty-five (25) feet;provided, however, that mobile homes parked end to end may have a clearance of not less than ten (10) feet. 3.2 Parking Regulations: If no off-street parking is provided in a ratio of no less than two (2) spaces for each mobile home site, the minimum street width shall be thirty-six (36) feet. OFFICE AND PROFESSIONAL DISTRICT ARTICLE XI Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4, "New and Unschedul ed Uses". Section 2 Height Regulations: No building shall exceed thirty-five (35) feet. Section 3 Area Regulations: Residential uses are governed by the regulations prescribed for each residential district. 3.1 Side Yard Setback: No minimum except that a side yard of not less than twenty-five (25) feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. 3.2 Area of Lot: The minimum area of the lot shall be six thousand, six hundred (6,600) square feet. 3.3 Width of Lot: The minimum width of the lot shall be sixty (60) feet. - 14 - 3.5 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. Parking Regulations: (See Article XVII) Sign Regulations: (See Article XVIII) Accessory Buildings: No Accessory building, as permitted herein shall occupy more than forty percent (40%) of the required rear yard. Accessory buildings shall be set back three (3) feet from the rear property line; provided, however, that where the rear lot line is the line of an alley twenty (20) feet or more in width, no setback shall be required. No accessory building 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 building may be closer than ten (10) feet to any main building on the same lot, nor closer than three (3) feet to a com- mon property line. No accessory buildings shall be allowed in the front yards. 3.4 3.6 3.7 3.8 Fences Required: Where an office and professional district abutts residential lot(s), a privacy fence is required with a minimum height of eight (8) feet. ART!CLE XII NEIGHBORHOOD SERVICE DISTRICT Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4, "New and Unscheduled Uses". Section 2 Height Regulations: No building shall exceed thirty- five (35) feet. Section 3 Area Regulations: Residential uses which may be permitted within a Neighborhood Service District are governed by the regulations prescribed by the respective residential districts. 3.1 Front Yard Setback: No minimum, except that drive- in service buildings and gasoline service islands may not be located nearer than sixteen (16) feet to the front property line. Side Yard Setback: No minimum, except that a side yard of not less than twenty-five (25) feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. 3.2 - 15 - 3.3 Area of Lot: The minimum area of the lot shall be ten thousand (lO,OOO) square feet. 3.5 Width of Lot: The minimum width of the lot shall be one hundred (100) feet. Minimum Depth of Lot: The Minimum depth of the lot shall be one hundred (lOO) feet. 3.4 3.6 3.7 Parking Regulations: (See Article XVII) Sign Regulations: (See Article XVIII) 3.9 Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty percent (40%) of the required rear yard. Acces- sory buildings shall be set back three (3) feet from the rear property line; provided, however, that where the rear property line is the line of an alley twenty (20) feet or more in width, no setback shall be required. No accessory build- ing may be closer than ten (10) feet to the main building in the rear yard. Accessory buildings, as per!itted herein, may be allowed in required side y rds; provided, however, that no accessory buildi g may be closer than ten (10) feet to any main b ilding on the same lot, nor closer than three I( 3) feet to a common property 1 i ne. I Fences Re uired: Where a neighborhood service distri t abutts residential lot(s), a privacy fence is required with a minimum height of eight (8) feet. GENE L BUSINESS DISTRICT , 3.8 ARTICLE XIII Section 1 Use Regulations: A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4, "New and Unscheduled Uses". Section 2 Height Regulations: No building shall exceed thirty-five (35) feet. Section 3 Area Regulations: Residential uses permitted with- in a General Business District are governed by the regulations prescribed by the respective residential districts. 3.1 Side Yard Setback: No minimum, except that a side yard of not less than twenty-five (25) feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. - 16 - 3.2 Area of Lot: The minimum area of the lot shall be ten thousand (10,000) square feet. Width of Lot: The minimum width of the lot shall be one hundred (100) feet. 3.3 3.4 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. Parking Regulations: (See Article XVII) Sign Regulations: (See Article XVIII) 3.5 3.6 3.7 Accessory Buildings: No accessory building, as permitted herein, shall occupy more than forty percent (40%) of the required rear yard. Acces- sory buildings shall be set back three (3) feet from the rear property line; provided, however, that where the rear line of the lot is the line of an alley twenty (20) feet or more in width, no setback shall be required. 3.8 Fences Required: Where a General Business District abutts residential lot(s), a privacy fence is re- quired with a minimum height of eight (8) feet. ARTICLE XIV INDUSTRIAL DISTRICT - PERFORMANCE STANDARD GROUP A, M-l Section 1 Use Regulations: Light manufacturing processes which do not emit detectable dust,odor, smoke, gas, or fumes beyond the boundary property lines of the lot or tract upon which the use is located or be- yond the boundary line of the M-l Industrial Dis- trict zoned lot which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4, "New and Unscheduled Uses". Section 2 Height Regulations: No building shall exceed thirty- five (35) feet. 3.1 Area Regulations: Side Yard Setback: No mlnlmum, except that a side yard of not less than twenty-five (25) feet in width shall be provided on the side of the lot adjoining or across a side street from a residential district. No parking, storage, or similar use shall be allowed in required side yards or side street yards in M-l Districts. Section 3 - 17 - 3.4 Rear Yard Setback: No rear yard is required, except that a rear yard of not less than fifty (50) feet in depth shall be provided upon that portion of a lot abutting or across a rear street from a resi- dential district, except that such yard requirement shall not apply where the property in the resi- dential 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-five (25) feet of the rear property line. Area of Lot: The minimum area of the lot shall be ten thousand (10,000) square feet. Width of Lot: The minimum width of the lot shall be one hundred (100) feet. 3.2 3.3 3.5 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. Parking Regulations: (See Article XVII) Sign Regulations: (See Article XVIII) INDUSTRIAL DISTRICT PERFORMANCE STANDARD GROUP B, M-2 3.6 3.7 ARTICLE XV Section 1 Use Regulations: Any manufacturing, industrial servicing or storage process not prohibited by law and upon approval by the City Council in accordance with the Specific Use Permit procedure established in Article XIX, Section 5. A building or premise shall be used only for the following purposes: See Schedule of Uses and Article II, Section 4 "New and Unscheduled Uses". Section 2 Height Regulations: No building shall exceed thirty- five (35) feet. HEIGHT AND AREA SPECIAL CONSIDERATIONS ARTICLE XVI Section 1 Overall Height and Area Requlations: Except as provided herein no building or structure or part thereof shall be erected, altered or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations specified herein for lot areas, lot width, lot depth, dwelling unit area, front, and side and rear yards. Section 2 Special Height and Area Considerations: Height: In the districts where the height of buildings 2.1 - 18 - is restricted to thirty-five (35) feet, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to ex- ceed forty (40) feet above the average grade line of the building. 2.3 Mixed Use Building: In a building serving mixed dwelling and other uses, in any district, the height and area regulations applicable to non- residential buildings shall apply. Front Yards: 2.2 1. Where the frontage on one side of a street between two intersecting streets is divided by two or more Zoning Districts, the front yard set back shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other. 2.4 2. Where the building setback line has been established by plat and exceeds the requirements of this ordinance, the most restrictive setback line shall apply. 3. The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard, not to exceed two (2) feet. Fence or surface structures shall not exceed forty-eight (48) inches in height. Side Yards: Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side year, and roof eaves projecting not to exceed twenty-four (24) inches into the required side yard, except that no projection shall be permitted closer than twelve (12) inches to a common property line. 2.5 Rear Yards: Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for accessory buildings as permitted and the ordinary projections of window sills, belt courses, cornices and roof - 19 - overhangs and other architectural features projecting not to exceed ten (10) feet into the required rear yard. 2.6 Court Standards: The minimum dimensions and area of outer or inner courts provided in buildings occupied for dwelling purposes shall be in accor- dance with the following provisions: 1. Outer Courts Residential Structure: For residential structures thirty-five (35) feet or less in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum width equal to the depth of the court but the width of any such outer court need not exceed twenty (20) feet even though the depth of the court may exceed such dimFnsion. i 2. Inner Courts Residential Structures: For residential structures thrrty-five (35) feet or less in hieght, any innerl court which ay be used for emergency access purpbses shall ha e minimum dimensions in the length pf the roof 0 eave at the top of the wall enclo~ing such cou t; but neither the width nor length of the ba e of such inner court need"exceed~thjrtY(30) fee , even though the height of the enclosing wal s may exceed such dimension. I I Parking Regulations: (See Article XVIf) Sign Regulations: (See Article XVIII) 2.7 2.8 ART!CLE XVII PARKING REGULATIONS Section 1 Purpose: It is the purpose of this section to establish the guidelines for off-street parking space consistent with the proposed land use to: 1. Eliminate occurrence of non-resident on-street parking in adjoining neighborhood; 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space; 3. Expedite the movement of traffic on public thoroughfares in a safe manner and thus increasing the carrying capacity of the streets, reducing the amount of land required for streets and the cost to both the property owner and the City. - 20 - Off-Street Parking and Loading Requirements: Schedule of Off-Street Parking Regulations: One and Two Family Dwell- ings Multi Family Dwellings and Townhouses Rooming or Boarding Houses Fraternity or Sorority Private Club or Lodge Church or Temple School (except high school or college) Seats in Auditorium Seats in Classroom College or High School Seats in Auditorium Seats in Classroom Country Club or Golf Club Community Center,Library, Museum, or Art Gallery 0-2,000 Square Feet 2,000 + Square Feet Hospital Sanitorium, Convalescent Home, Home for the Aged, or Similar Institution Beds Theater or Auditorium(ex- cept school) Sports Arena, Stadium, or Gymnasium Hotel Commercial Floor Area Tourist Home, Cabin, or Motel Dance Hall, Assembly or Exhi bit Hall Business or Professional Office, Studio Bank, Medical or Dental Clinic 0-1,000 Square Feet 1,000+ Square Feet Bowling Alley Mortuary or Funeral Home Restaurant, Night Club, Cafe, or Similar Recreation or Amuse- ment Establishment Section 2 Type of Generator - 21 - Unit Dwell ing Dwell ing Sleeping Beds Members Seat Rooms Seat Classroom Seat Classroom Membe rs T ota 1 Square Beds Feet Seats Seats Sleeping Rooms Square Feet Sl eepi ng Rooms Square Feet Total Square Feet Alley Seats Seat '1inimum No of Spaces Per Unit 2 2 1/2 1/4 1/5 1/5 1/10 3 1/8 3 1/5 10 1/300 1/2 1/4 1/4 1/5 1/3 1/200 1 1/100 3 1/200 4 1/4 1/3 I Type of Generator Unit Minimum No of Spaces Per Unit Retail Store or Personal Service Establishment Square Furniture or Appliance Store, Hardware Store, Whole- sale Establishments, Machinery or Equip- ment Sales and Service, Clothing or Shoe Re- pair, or Service Shop 0-1,000 Square Feet 1,000+ Square Feet Printing or Plumbing Shop or Similar Service Establishment Manufacturing or Industrial Establishment, Re- search or Testing Laboratory, Creamery, Bottling Plant, Ware- House, or Similar Es- tablishment Feet 1/200 Total Square Feet 2 1/300 Exployees 1/3 Employees 1/2 2.1 Provisions for Determining the Number of Locations of Parking Spaces: In computing the number of such parking spaces required, the following rules shall govern: 1. "Floor area" shall mean the gross floor area of the specific use. 2. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number. 3. Whenever a building or use constructed or es- tablished after the effective date of this Ordinance is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged in floor area or in the area used, said improvement or use shall then and there- after comply with the parking requirements set forth herei n. - 22 - 4. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 2.2. All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or es- tablishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other non-residential building served. 1. Up to one hundred percent (100%) of the parking spaces required for a church or church school audi- torium, may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours; provided, however, that written agreement therefore is pro- perly executed and filed as specified in paragraph "2". 2. In any case where the required parking spaces are not located on the same lot or contiguous with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for pur- poses, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit. 2.3 Development and Maintenance of Parking Area: Every parcel of land hereafter used as public parking area, including commercial parking lots, automobile, farm equipment, mobile home, trailer, or other open-air sales lot, shall be developed and maintained in accordance with the following requirements: 1. Surfacing: Except as otherwise provided, all off-street parking areas shall be all-weather sur- faces, shall be installed, graded to drain, and maintained so to dispose of surface water accumu- lated within the area, for all parking areas for more than five (5) vehicles. Parking spaces shall be so arranged and marked as to provide for orderly and safe parking of vehicles. Surfaces shall be subject to approval by the City Engineer. - 23 - 2. Lighting: Any lighting used to illuminate an off-street parking area shall be arranged so as to direct or shield the light away from the adjoining premises in any residential district. 3. Number of Off-Street Parking Spaces Required: The number of off-street parking spaces required shall be determined from the following table of Off-Street Parking Regulations. The classifica- tion of uses referred to shall be deemed to include and apply to all uses. 4. Off-Street Loading Regulations: Every build- ing or part thereof erected or occupied for retail business, service, manufacturing, storage, ware- housing, hotel, mortuary, or any other use simi- larly involving the receipt or distribution by vehicles of materials or merchandise, shall pro- vide and maintain on the same premise, loading space in accordance with the following regulations: a. In the NS, Neighborhood Service and GB, General Business Districts, one loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet of floor area in the build- ing and one additional loading space for each fifteen thousand (15,000) square feet, or fraction thereof, of floor area in excess of fifteen thousand (15,000) square feet. b. In the M-l and M-2 Industri a 1 Di stri cts, one loading space for each ten thousand (10,000) square feet or fraction thereof, of floor area in the building. c. No more than three (3) off-street loading spaces shall be required for any Neighborhood Service or General Business use, nor more than five off-street spaces for any Industrial use. ARTICLE XVII I SIGN REGULATIONS Section 1 Genera 1 : 1.1 All signs in use on the effective date of this ordinance shall carry the "Identification of Signs" as required in the Building Code. - 24 - 1.2 Temporary Signs: A temporary sign pertaining to the lease, rental or sale of premises or structure located thereon is permitted in all districts when located on such premises or structure. Such signs shall not be lighted, and shall not exceed fifteen (15) square feet in area. No permit is required. 1.3 Development Signs: "Ground Signs" announcing or describing a legally approved subdivision or land development may be temporarily erected until the subdivision is completed. Such signs shall not exceed three hundred(300) square feet in area, and may be indirectly lighted. Signs having flashing or moving parts, are not permitted. (See Article XVIII,Subsection 2.5 ) Section 2 Special District Sign Requirements: 2.1 Residential Districts: A person having a legal home occupation may display a name plate on the face of the building or porch. The name plate may contain only the name of the person. It shall be attached directly to, and parallel to the face of the building or porch. It sahll not exceed one (1) square foot in area, shall not be illumi- nated in any way, and shall project not more than six (6) inches beyond the building or porch. No permit is required. 2.2 Residential Display: Display .of merchandise or examples of work is classified as a sign, and is not permitted in any residential district. This also is applicable to residences in Public Utility Districts. 2.3 HobileHome Park District: A "Ground Sign" or "Wall Sign" of not more than one llundred(100) square feet in total area may be erected on the property of the mobile home park, and may be indirectly lighted; however, it shall have no flashing lights or moving parts. See Building Code for permit requirements. 2.4 Neighborhood Service Districts: Signs when attached to buildings shall advertise only services or pro- ducts which are offered within the building to which the sign is attached. No flashing or moving parts are permitted. No detached signs or billboards are permitted. See Building Code for permit requirements. This is also applicable to the neighborhood business in Public Utility Districts. - 25 - -------_...._-------,~._,.,_..,._--_.'"_. . ,. ._--,..._,---_.,._-,.._._-_._--_._~"----_._--_.. -_...,_._.__.~-,._-~------ 2.6 Other Districts: No sign shall have flashing lights or moving parts if within fifty (50) feet of a public street. Signs must be installed with bottom of sign a minimum of twelve (12) feet above the ground, and must be at least fifty (50) feet from a public street. No part of any sign may be located within ten (10) feet of any public street or public easement. No more than one (1) detached sign shall be allowed on anyone building plot. Billboards: No billboards or signs shall be erected advertising products or services not available on the site, except as provided in Section 1.3. 2.5 2.7 Street Number: A street address number is required for all residences and establishments. It must be readable from the street and may be on the building or in the yard and may include the name of the occupant. No permit is required. ARTICLE XIX AMENDMENTS Section 1 Statement of Intent: For the purpose of establishing ~nd maintaining sound, stable, and desirable develop- ment within the territorial limits of the City, this ordinance shall not be amended except to correct error in the ordinance or, because of changed or changing conditions in particular areas or in the City generally, or to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all in accordance with the comprehensive plan. Amendment Limitation: Subject to the limitations of the foregoing Statement of Intent, an amendment to this ordinance may be initiated by: 1. City Council on its own motion; 2. The Planning and Zoning Commission; 3. Or Petition. Section 2 Changes and Amendments: 2.1 Authority: The City Council in accordance with applicable state law may from time to time amend, supplement, change, modify or repeal the regulation standards and boundaries herein established. In - 26 - 2.2 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 patterns and innovative 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, where the patterns of development are changing. The Planning and Zoning Commission, at least every three (3) years shall file a report and recommendation thereon with the Mayor and City Council. The three (3) year time period shall commence upon the date of the adoption of this ordinance. Application and Petition for Amendment: For changes to the regulation and/or district map as follows: 2.2.1 Any person, firm or corporation petitioning the City Council for a change in the Zoning District Map shall do so upon forms provided for such purpose by the office of the City Secretary and all petitions for changes shall be filed with the office of the City Secretary. Notice shall also be given to the City Secretary if said application for change originates 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 its regularly scheduled meeting. The Planning and Zoning Commission shall have an agenda that has been published and distributed to them not less than five (5) days prior to such meetings. If, after review of the application or petition, the majority of the Planning and Zoning Commission agree that: 1. Such requested change is not in keeping with the comprehensive plan of the City. 2. There is no error in the original zoning of the property for which a change is requested. 3. There has been no substantial change in the environment of the property for which a change is requested that could warrant a change since its original classification. 4. Granting of the request would create a spot zone whereby the property would enjoy a special or monopo 1 i sti c pri vil ege not enjoyed by nearby- - 27 - properties of equal or similar locational factors. The applicant shall be advised in writing by the City Secretary that it is the opinion of the Planning and Zoning Commission that granting the requested change would not be in keeping with the objectives and purposes of the Comprehensive Plan, the Zoning Ordinance, and/or the District Map, the particular request will not be recommended for amendment or change. Section 3 Procedure for Amendment Petition: 3.1 Filing of Application: All petitions for amendments to this ordinance, shall be in writing, signed, and filed with the City Secretary for presentation to the Planning and Zoning Commission. Contents of Petition: All petitions for amendments to this ordinance, shall contain at least the following: 3.2 1. The petitioner's name, address, and interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition. 2. The nature and effect of the proposed amendment. 3. A fully dimensioned map showing the following will be provided: a. The land which would be affected by the proposed amendment. b. A legal description of such land. c. The present zoning classification of the land. d. The zoning classification of all abutting Zoning Districts. e. All public and private rights-of-way and easements bounding and intersecting the land under consideration. 4. If the proposed amendment would require a change in the Zoning Map, the names and addresses of the owners of all land within the area to be changed by the proposed amendment. - 28- 5. The alleged error in this ordinance, which would be corrected by the proposed amendment together with a detailed explanation of such error in the ordinance, which is alleged, and detailed reasons as to how the proposed amendment will correct the same. 6. The changed or changing conditions, if any, in the area or in the municipality generally, that make the proposed amendment reasonably necessary. 7. Evidence that the petition is in accordance with the Comprehensive Plan. 8. All other circumstances, factors and reasons which applicant offers in,support of the proposed amendment. 3.3 Time Limitations: If a petition for rezoning is denied by either the Planning and Zoning Commission or the City Council, another petition for reclassi- fication of the same property or any p@ntion thereof shall not be filed within a period of one hundred and eighty (180) days from the date of denial. Section 4 Public Notice and Procedure for Amendemnts: 4.2 Amending the Ordinance/Map: Whenever it is the desire of the majority of the members of the Planning and Zoning Commission that an amendment or change to the Zoning Ordinance or District Map be proposed and considered at a public hearing or as a result of a petitionor application by a person, firm, or corpora- tion that has not been rejected or denied as set forth in Section 2.2.2 such proposed amendment or change shall be scheduled by the City Secretary for a public hearing before a joint meeting of the Planning and Zoning Commission and the City Council. Such public hearing shall hereinafter be known as the Public Zoning Hearing. Each application for a Public Zoning Hearing shall be accompanied at the time the hearing is scheduled by a fee in accordance with the following schedule: 4.l Area Under Request: Lots or Area 1 to 2 lots inclusive or up to 1 acre 3 to 5 lots inclusive or up to 1 1/2 acres Each lot over 5($50.00 plus) per acre Each acre over 1 1/2($50.00 plus) per acre Maximum; in no event shall the fee exceed ... ..Amount of Fee $35.00 $35.00 $10.00 $30.00 $200.00 - 29 - No action to amend, supplement, change, modify or repeal the Zoning Ordinance or the District Map shall be final until there shall have been a joint public zoning hearing thereon with public notice of such hearing as herein required. 4.4 Notice of any public hearing involving the Zoning Ordinance and District Map shall be given by publication once in a newspaper of general circu- lation in the City and designated as the official publication of the City stating briefly the change or amendment to be considered at the hearing and the time and place of such hearing which shall not be more than twenty (20) days and not less than ten (10) days prior to public hearing. Such notice shall be sent to the property owners as determined from the most recently approved city tax roll of real property lying within three hundred (300) feet of the property on which the change in classifica- tion or specific use permit is proposed. Such notice shall be given not less than ten (10) days nor more than twenty (20) days before 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 Office. Notice of any public zoning hearing involving a change or amendment to the District Map or the granting of a Specific Use Permit shall be given as set forth in subsection 4.3 above. In addition, written notice shall state the time and place of hearing and give the address of the property pro- posed for change or a Specific Use Permit that is to be considered. 4.3 4.5 Public Zoning Hearing: The public zoning hearing shall be a joint meeting of Planning and Zoning Commission and City Council. Rules of order commensurate with proper conduct, hearing of arguments and receiving of evidence shall be adopted and observed at the hearing. The recording of minutes shall be made of the hearing and shall be maintained or filed in the office of the City Secretary. No action on any proposed change; amendment or Specific Use Permit shall be taken by either body at or during the Public Zoning Hearing. 4.6 The Planning and Zoning Commission shall within ten (10) days after a Public Zoning Hearing, hold a regular or special meeting to act and recommend upon changes, amendments or specific use permits considered at such hearing. This meeting shall be - 30- open to the public and the recording of minutes and other procedures normally conducted by the Planning Commission shall be observed; however, no proponent or opponent to a proposed zoning change, amendment or Specific Use Permit, or any other citizen interested in such matter shall be heard. The members of the Planning Commission shall vote on each proposed change, amendment or Specific Use Permit as to their recommendations to the City Council for either adoption or denial. The recommendations of the City Planning and Zoning Commission shall be transmitted to the office of the City Secretary for the Council in writing within five (5) days following the meeting of the City Planning and Zoning Commission. 4.7 After receipt by the City Council of the recommend- ations of the Planning and Zoning Commission, the City Council shall at either a regular or a Special meeting act upon the proposed changes, amendments or Specific 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. 4.8 In cases when the Planning and Zoning Commission's recommendation against proposed specific use permit or amendment, supplement, change or repeal of the regulations or restrictions of the Zoning Ordinance or the boundaries of the District Map herein esta- blished or when a written protest against an amend- ment under consideration is filed with the office of the City Secretary and signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or those immediately adjoining the same and extending three hundred (300) feet therefrom such amendment, supple- ment, change, modification or repeal shall not become effective except by the favorable vote of members of the City Council. If the City Council fails to pass an ordinance approving such proposed specific use permit, amend- ment, supplement, or change, a new application for such proposed specific use permit, amendment, supple- ment, or change in the Zoning Ordinance or the boundaries of the district map shall not again be considered until after the expiration of twelve (12) months from the date of such proposed amendment, supplement or change was rejected; provided; however, - 31 - that such application may be reconsidered within the above mentioned twelve (12) month period if it be shown that a substantial change in conditions has taken place in the vicinity of the property sought to be rezoned or for which a specific use permit was requested. The procedures for such application for rezoning shall be the same as if the applicant has never filed a previous application for zoning change. ARTICLE XX SPECIFIC USE PERMITS 1.1 Authorized Uses: The City Council of the City of Schertz, Texas, after public hearing and proper notice to all parties affected, in accordance with the notice procedures prescribed under Article XIX for amending the Zoning Ordinance, and after recom- mendation by the Planning and Zoning Commission, may authorize the issuance of Specific Use Permit for zoning specific uses set forth in the Schedule of Uses when situated within the Zoning Districts identified within the schedule. 1.2 Development Standards Required: The Planning and Zoning Commission in considering and determining their recommendation and the City Council in con- sidering any request for a Specific Use Permit may require from the applicant, plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may in compliance with this Ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from excessive noise vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions. 1.3 Temporary Construction Buildings: Temporary buildings and temporary building material storage area to be used for construction purposes may be permitted for a spe- cified period of time in accordance with a permit issued by the Building Official and subject to periodic renewal by the Inspector for cause shown. Upon comple- tion, abandonment of construction or expiration of permit, such field offices and buildings shall be - 3~ - removed within thirty (30) days, or at the direction of the Building Official. 1.4 Temporary Oevelopment Signs: Temporary develop- ment and promotional signs not exceeding three hundred (300) square feet in area may be erected on private property. The Building Official shall control the location and duration of such sign use to assure that the occupancy and use of adja- cent lots are not interferred with and that no safety hazard is created. Such special development signs will be removed at the direction of the Building Official after completion of the development. 1.5 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 are not limited to, increased open space, loading and parking requirements, suitable land- scaping and additional improvements such as curbing and sidewalks. 1.6 Any person or persons, jointly or severally aggrieved by a decision of the Commission, may present to the City Council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such petition shall be presented to the City Council within ten (10) days after the final decision of the Commission, and not thereafter. 1.7 Recording: One (1) copy of an approved Specific Use Permit, shall be delivered to the owner of the pro- perty, one (1) copy shall be filed in the office of the Building Official. 1.8 Development: Following the issuance of a Specific Use Permit, the Building Official shall insure that if the development is undertaken, it is completed in complaince with said permit. However, if a Specific Use Permit has not been used within six (6) months after the date granted, the permit is auto- matically cancelled, which fact shall be noted over the signature of the Building Official on the file copies of the permit, and the owner shall be so notified in writing. ARTI CLE XX I PLANNED RESIDENTIAL UNIT DEVELOPMENT Section 1 Planned Residential Unti Development: desirable that many properties in the veloped in accordance with site plans It may be Ci ty be de- prepared and _ 33 _ approved in advance of development. To encourage such planned unit development, regulatory provi- sions are provided as follows: 1.1 Use Provisions: Whenever any property is designated as being within the Planned Residential Unit Develop- ment, the following types of uses may be authorized: 1. Housing development consisting of any combina- tion of dwelling types on tracts with a minimum of five (5) acres. 2. Uses permitted in the NS, Neighborhood Service District, on tracts with a minimum area of one (1) acre and when an integral part of a Planned Residen- tial Unit Development. 3. Recreation Area/Open Space. 4. A combination of any of the developments listed or other uses permitted in the zoning dis- tricts corresponding to property on the Zoning District Map. 1.2 Procedures: 1. A site plan setting forth the uses to be incor- porated into the Planned Residential Unit Develop- ment shall be approved and filed as part of the Ordinance. The provisions of Article XIX Amendments shall govern the review and processing of each appli- cation for a Planned Residential Unit Development. 2. Such required Site Plan shall show the provisions for ingress and egress to the property, access from a public street, number and density of housing units proposed per gross acre, sidewalks, utilities, drain- age, parking space, hieght of buildings, maximum lot coverage, yards and open spaces, screening walls or fences and other development and protective require- ments considered necessary to create a reasonable transition and protection of the adjacent property. 3. The Planning and Zoning Commission may recommend and City Council impose conditions relative to the standards of development and such conditions shall be complied with before a Certificate of Occupancy is issued for the use of the land or any structure, which is part of the Development. Such conditions shall not be construed as conditions precedent to the - 34- granting of a Certificate of Occupancy. ARTI CLE XXII 4. Site plans submitted for consideration under the provisions of sub-section "3" may be altered or amended with approval of the Planning and Zoning Commission, but any change in the development shall be considered an amendment to the Zoning Ordinance and shall be processed in accordance with Article XIX. REGULATION OF NON-CONFORMING USES. Section 1 Continuance of Use: Any non-conforming use of land or structures may be continued for definite periods of time, subject to such regulations as the Zoning Board of Adjustment may require for immediate pre- servation of the adjoining property and the ultimate removal of the non-conforming use. If, however, a continuous operation is not carried on in such non- conforming use during a continuous period of one (1) year, the building, other structure or tract of land where non-conforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume activity operation shall not affect the foregoing. Section 2 Change of Use: A non-conforming use may be changed to any conforming use. A non-conforming use shall not be changed to any other type of non-conforming use without the prior approval of the Zoning Board of Adjustment which may grant a change of occupancy from one non-conforming use to another, provided the use is within the same or higher classification as the original non-conforming use, that such non- conforming use and occupancy will not tend to prolong and continue non-conforming use. A non-conforming use onc~ changed from a lower to a higher classifi- cation use shall not be changed thereafter to a lower classification use, and such prior lower classifica- tion use shall be considered abandoned. Section 3 Damage and Destruction: A non-conforming use shall not be extended or rebuilt in case of obsolescense or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding fifty per cent (50%) of its value, the Building Inspector shall issue a permit for - 35 - reconstruction. If greater than fifty per cent (50%) and less than total, the Zoning Board of Adjustment may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated non-conforming use. Section 4 Enlargement: A non-conforming use shall not be enlarged or extended, except upon authorization of the Zoning Board of Adjustment. Section 5 Section 6 Normal Maintenance: Normal maintenance of a building or a structure containing a non-conforming use is permitted, including necessary non-structu- ral repairs and incidental alterations not extending the non-conforming use. Structural Changes: No structural alteration shall be made in a building or other structure containing a non-conforming use except that required by law. ARTICLE XXIII ADMINISTRAT!ON Section 1 Administrative Provisions: Ll Building Permit and Plan Requirements: 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 ground before construction is started. 1.2 Effect Upon Existing Permits, Agreements and Rights: 1. Existing Permits and Private Agreements: This ordinance is not intended to abrogate or annul: a. any permits issued before the effective date of this ordinance; b. any easement, covenant or any other private agreement more restrictive than the provisions of this ordinance. -36 Section 2 2. Preserving Rights in Pending Litigation and Violations Under Existing Ordinances: By the passage of this ordinance, not presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Other- wise, such uses shall remain non-conforming where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalities or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penaltieies or forfeitures may be instituted or causes presently pending be pro- ceeded with in all respects as if such prior ordi- nance has not been repealed. Certificates of Occupancy and Compliance: 2.1 Certificated of Occupancy shall be required for: 1. Occupancy and use of a building hereafter erected or structurally altered. 2. Change in use of an existing building to a use of a different classification. 3. Occupancy and use of vacant land. 4. Change in the use of land to a use of a dif- ferent classification. 5. Any change in the use of a non-conforming use. No such occupancy, use, or change of use shall take place until a Certificate of Occupancy therefor has been issued by the Building Official. 2.2 Certificates of Occupancy for Non-Conforming Uses: A Certificate of Occupancy shall be required for all lawful non-conforming uses of land or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a non-conforming use shall be filed with the Building Official by the owner or leasee of the building or land occupied by such non-conforming use within one (1) year of the effective date of this Ordinance. It shall be the duty of the Building Official to issue a Certi- ficate of Occupancy for a lawful non-conforming use, 37 or refusal of the Building Official to issue a Certificate of Occupancy for such non-conforming use shall be evidence that said non-conforming use was either illegal or did not lawfully exist at the effective date of this Ordinance. Section 3 Procedure: Written application for a Certificate of Occupancy for a new building or for an existing building which has been altered shall be made at the same time as the application for the building permit for such building. Said Certificate shall be issued within three (3) days of completion of construction or alteration. Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land for a building, or for a change in non-conforming use, as herein provided, shall be made to Building Official; if the proposed use is an conformity with the provisions of this Ordinance, the Certi- ficate of Occupancy therefore shall be issued. The fee for such Certificate of Occupancy shall be five dollars ($5.00) to be paid to the City of Schertz at the time the building permit is issued. Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all Certi- ficates of Occupancy shall be kept on file in the office of the Building Official or his agent. ARTICLE XXIV BOARD OF ADJUSTMENT Section 1 The Zoning Board of Adjustment as created by Article VIII, Section 8.02 of the City Charter of Schertz, Texas, shall hear and rule on all appeals to this Ordinance. Section 2 Jurisdiction: When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize and shall have the power to grant the following special exceptions to the regulations herein established. 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 district regulations as set forth in this Ordinance' The Board of Adjustment shall not permit any variations or exception if the applicant has con- tributed to the cause of the unnecessary hardship of which he complains. - 38- Section 3 The Board of Adjustment may allow the following: l. The reconstruction of a building occupied by a non-conforming use, provided such reconstruction does not prevent the eventual return of such pro- perty to a conforming use, may be permitted. 2. Modifications of yard, open space, parking lot area or lot width regulations as may be necessary to secure appropriate development of a parcel of land where such parcel was separately owned at the time of the passage of this Ordinance and is of such restricted area where the shape of the lot is such that it cannot be appropriately developed without such modification may be permitted. 3. Require the discontinuance of non-conforming uses of land (not primary structures), under any plan whereby the full value of any improvement can be amortized within a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance. 4. Reduce required off-street parking if it can be shown that the required minimum as herein estab- lished will not at any time be necessary because of the character of the proposed uses at a probable limited quantity of employees, clients, customers or tenants. 5. Decide appeals where it is alleged there is error in the order, requirement, decision or deter- mination made by the Building Official in the enforce- of this Ordinance. Section 4 Appl ications for Special Exceptions: All appl ications for special exceptions shall be by appeal to the Board of Adjustment. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record in the matter being appealed. - 39 - Section 5 Stay of Proceedings: An appeal shall stay all proceedings in the matter appealed, unless the officer from whom the appeal is taken certifies to the Board of Adjustment that a stay would in his opinion cause imminent peril of life or property. Section 6 Hearings of Appeals: The Board of Adjustment shall fix a reasonable time for the hearing of an appeal and shall give written notice to the parties of interest. In addition, at least fifteen (15) days advance notice shall be given by publication at least once in the official publication of the City stating the time and place of such hearing, the parties appealing such matter, and the lot descrip- tion of the land which the matter concerns. The Board of Adjustment shall mail notices of such hearings to the petitioner and owners of property lying within three hundred (300) feet of any point of land on which a variation is desired and to all other persons deemed by the Board to be affected thereby. Such owners and persons shall be deter- mined accoring to the current tax rolls of the City. In exercising its powers the Board of Adjustment may reverse or affirm wholly or partly, or may modify the the order, requirement, decision, or determination ap- pealed, 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 officer from whom the'appeal is taken. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, deci~ion, or determination of any building inspector. The concurring vote of four (4) members of the Board of Adjustment shall also be necessary to decide in favor of an applicant on any matter upon which the Board is required to pass upon under this Ordinance other than an appeal. Section 7 Court Appeal: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any taxpayer, or any officer, department, board, or bureau of the City may present to a court of record as provided by law a petition, duly veri- fied setting forth that such decision is illegal, in whole or in part, specifying the grounds of the ille- gality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board. - 40 - 7.1 7.3 Writ of Certiorari: Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall pre- cribe therein the time within which a return there- to must be made and served, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ SbA11 not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board, and on due cause shown, grant a restraining order. Return of Certified Copies: The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The returned copies shall 'concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be certified. If upon the hearing it shall appear to the qourt that testimony is necessary for the proper disposition of the matter, the court shall take evi,dence, appoint a referee to take such evi- dence as it may direct and report the same to the court with his findings of fact and conclusions of law, whkh shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse, wholly or partly, or may modify the decision brought up for review. Cause shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any pro- ceeding under this Article XXII shall have preference over all other civil actions and proceedings. As Acts 1961, 57th Leg., Pg. 687, Chap. 32,Para 1. Fees: A fee of twenty-five dollars ($25.00) shall be paid to the Building Official at the time the notice of appeal is filed with the Inspector, and shall forthwith pay over to the City Tr~asurer to the credit of the general fund of the Clty of Schertz. 7.2 ARTICLE XXV ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT Section 1 Enforcement: 1.1 Enforcement Officer: The provlslons of this Ordi- nance shall be administered and enforced by the Building Official of the City of Schertz. - 41 - 1.2 Right to Enter: The Building Official or any duly authorized person shall have the right to enter upon any premises at any reasonable time prior to the completion of the buildings for the purpose of making inspections of building or premises necessary to carry out his duties in the enforcement of this Ordinance. 1.3 Stop Orders: Whenever any building work is being done contrary to the provisions of this Ordinance, the Building Official may issue a stop order to the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. Section 2 Violation and Penalties: 2.1 Any Person, firm or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith 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 specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, shall, for each and every viola- tion and noncomplaince respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed two hundred dollars ($200.00), Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. 2.2 But in case any person, firm, or corporation violates any of the provisions of this Ordinance or fails to comply therewith, the City of Schertz, in addition to imposing the penalties above provided may insti- tute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to pre- vent any illegal act, conduct, business or use in or about any land, and the definition of any viola- tion of the terms of this Ordinance as a misdemeanor, shall not preclude the City of Schertz from invoking the civil remedies given it by law in such cases, but same shall be cumul ati ve of and j,n addi hon ;:llo the penalties prescribed for such violation. Section 3 Provisions of Ordinance Declared to be Minimum Require- ments: In their interpretation and application, the provisions of this ordinance shall be held to be mini- mum requirements adopted for the promotion of public - 42 - Section 4 health, safety, morals, and general welfare. When- ever the requirements of this Ordinance are at variance with the requirements of any other law- fully adopted rules, regulations or ordinances, the requirement that is more restrictive or that imposes higher standards as determined by the Building Inspector shall govern. Repeal of Conflicting Ordinances or Orders: Ordinance and all orders, ordinances or parts of ordinances in conflict with this ordinance, or inconsistent with the provisions of this ordinance are hereby repealed to the extent necessary to give this ordinance full force and effect. Section 5 Severability Clause: Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. XXVI EFFECTIVE DATE This code shall become effective from and after the date of its approval and adoption as provided by law. 1 PASSED, APPROVED AND ADOPTED thi s the j.) day of ()L/~,...-jf- 1979, with an effective date of J1ft;:;:J.uv ".J /9 9 /~~ ~1:.L/ Mayor , City of Schertz, Texas A.D. , ATTEST: , 9' JUs;;. I _...... ct./ <I' P ~ . y Secretary (CITY SEAL) - 43 - I ~ M I ~ ~ <( ~ .. 0 c .a '" :5 ~ i g . '" ~ ~'" 1 C ~M J .~ 0 ~t:~ SCHEDULE ~ ~M ~~ ~ . 1S~<!i cel ~ c '" .. oM QJ :I: c c jCll 0 ";I;." ..~ OF USES . ~ .,.S 1S ...!:1S c ~~ "a.S 1$ E~ 0 ~ III"; ~ .. ~ 13 5E~ ':sp .!I's -a=i :s .=ii'S n~ "~'q ;s..oc5 ~..; 'S ..c: t-c t c'~ ~.~ li5 Ie"$:... c "- ~i~ -alii ~~6 .Hi! HIS ~~ . t 0 15~5 i~i5 ~~i5 :Ea..i5 ':Q..~ ..5o..a5 SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 AGRICULTURE USES Agricultural X X X X X S FirJd Crops Agricultural X X X X X Animal Hushandry S Farm, RanC'h, or X X X X X OrchBJ'd S ~l''''' and Un!lch..duled Agri('u1tural U~l'!I all Providrd (or undPT &-ction2.1.1 PRIMARY RESIDENTIAL USES Onl' ramih ~'e1]ing X X X X X X nrtachrd - ~S S S Dnl" Fllmia Dwelling Altacht>d o.....n HOWle) X X ,8 S S' (&-foPro\'i!lion6~.2.1.2) T\o,'O Family X X '9 DWI'I1ing S S Multi-Family lApartment) X X S S S. n....eJlin' Garden Home S S S S X S S S SCHEDULE OF USES ! o . ~ .. ~~ 0:5 H '" 1M ~.5 ts TI=i'S ~~a ~ ] r.._!""G i=i's ~~i5 M C ~'" .. ~~ c ~~ II:: 'C Q e;: f,':'o I .a ". o! i.5tl 'Q;; :s i~i5 o . . :I: o ~ ].... '5 ~~5 . ~ c c. 0". t", IE ' o<l: 1 '" jet! ~'~'.5 ns .. ! ~ t~'~ ~!iS ~ <( Oi ~ IS ~15 "o~ ":sp ~.~ "CI'i;~ ..5:tas ~ .. 5 ~ o g IS ~<!i .. .~ Sp ;'i"~ ]Q..~ SYMBOL PD R-l R-2 R-3 R-4 MH OP NS GB M-l M-2 rlltnnt'd JU."id.'ntilll Unit !)I'v,']opm"nt (Not Provisions ~ 21.3) X X X Ruardinltor Rtlumin, Houft X X X Hotel or Motel AplUtment Hotel S X X Mol;jJeHome (See Provision!' SPc. 2.1..() X Nf'\'I' and Unllcheduled Residential U.le.l lIlI Provided for under&-ction 2.1.1 X x. X X X ACCESSORY AND INCIDENTAL USES A{'{'e~!lor>' Huildin... Rt'~identlal X X X X X X S X X X X X s FarmA{'('!.,,"ory Ruildinl{ X S S s Bum!' Orropalion X X X X X X X X Off Rtrt'l't Parkinl{ In,.jdental 10 Main lllle X X X X X X X X X X s APPENDIX A - Zoning Ordinance - 44 - SCHEDULE OF USES SYMBOL ~l.n'ant orCarf'lakers Qt:atwl"(I Social and R..-<-H'aliona! n'-1ildin!l' S"-;rr.minKPoo] (Privatel T..,nporar.v Fi..ld or l(ln~truction Offi~e Is..... Pro.i~jnn~ St-c. 2,3.31 ~..w r.nd l'n-"chf'duled Af"'.'~~"r\ and Incid"ntal l18eS ;.,s Provid"d for under S..c. 2.1.] t~<r~~ HA~{drt or ChUTch'Rpctory Chic ('enter Convpnt 'Mona~tery SCHEDULE OF USES SYMBOL Day Nunlery Kind,"rjo;arten Frat.,rnity or Sorority, L"dgeorCivicClub (No Liquor) Home for AkohoIic, Nar("otic or Psychiatric Patients Hospital/General Al'uteCare) Hospital (ChtorUcCare) Imttitutionsof ReligioulIor Philanthropic-Nature Library, An Gallery. Mu~{'um Puhlir Administration Offices Rl'lIidenCE' Home for Aj.(ed School>;. Private, College. Univ..rsity ~ . e ~ .. ~~ "" ... .to ~ ~be ....: tS ,.,~:s t5~8 , i . ~ ~.= lj "&~-E Ji~iS ~ ~J ~J i~_~ td1-.c ~:C ~ -II '. ~ . ~ c,.!: ~ ~~-~ :e~o ~ "' . ~ :E.... '.5 ~~:S -. ~ . . . =c"G t~.s E e," oe:6 1 ~ j."'(\ ~'~E i~~ -.!~ ~.~ '~ oc:::6 PD R-l R-2 R-3 R-4 R-5 MH OP NS GB x S x x x S S S ~ . e ~ .. ~~ ":5 . . .to x S x x x x S x x x x x x X --~-- X X x X X X x X X X S S , i ~ ~ " .5 -e "Q=j',5 Ji~iS X X E . "' . . ].....5 ~~5 X x x x x S S APPENDIX A - Zoning Ordinance X x x x x x x -. ~ . . . ='iO t: .. :"c 0__ E e ,. 0&:6 "i . ~ .B~~ ~'s:'.5 '1> "'." z~6 x x x x INSTITUTIONAL AND SOCIAL SERVICE USES S S ~ J- .. .5 t! 1il=iS ~~iS x x s x x S x x x . - . ~ t ,5 '5 ~~iS PD R-l R-2 R-3 R-4 R-5 MH OP NS GB S S S S ~ .. .: ,= o . ~~ . ,~ Ill:::.s:: o E... ~~6 ft . -II .. ~ . ~ 0..: t: '.a=iiS HiS x x x S S S - 45 - S S S x S x x x x S x X x x x x x x x x S x x x x x x x x x x x x . < :5 ~ . 0 C'5gt!i -..~ ',5 E ~ ~-c; .:~~ M-l M-2 ~ < ',5 ~ . 0 ~~o -..~ .~ ~~ ~t:i .:~oo . " '5 ~ i5f~ ... ;." 'S:: E _ 1~1 .:o.OS x s x s x 5 x s x s x $, x ~ " :5 ~ . 0 o ~~ -..~ .~ ~-! ~t; .:o.as M-l M-2 x s s x x s ~ . < . '" c . -c 0 S 0 . c -3 . . . E '" ~ ~;:: . "i i'H~ . 0 ] '. i5~<!; SCHEDULE ~ E 0" ~ E .. 0 ~~ 0 ~ c ~ 01:;.." ...~ . . . . . -a.~ ~ :c C 0 ]'"13 OF USES t. ~.:= _t:! ~~ .~ C ~. . ~ '0; t:l .. . -c E ~ SE~ on "&.'iiS ..,-;:: 'C ""=j'S :i.... -s t::!'s ..<::_t::,!: t S l~~ ~.E c ,. ,...- o E- .c_ 0 '" ;r; .~ ~~lS ;HiS " :'-'" E c ," i~8 is ~ t . :tiS V'ic:o t~6 :8p..5 oC:c <!5 .=:ltoc, '::Q.!1.i SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 SdlOOls, Public or S S S S X X X X X S Parochial !'olt'W and llnsch..du]"d Ir.stilutionalllnd SJ.><'cial S S S S S -~ X s..rvjc-c l1ses .'IS Pro\'idt'd for und"r $t>('tion 2.1.1 -- I--- UTILITIES AND RELATED SERVICE USES El!'ctrlcal Suhstation S S S S S S S S X S El<-ctric P()Wt'T Gennating X S Plant FIr.. Stillion S S S S S S X X X X S Gas Transmission IInd S S S S S S S X X X S M...tt,ring Station Local Ulility X X X X X X X X X X S Distribution tines Radio, Tl'Jevision or S S S S S S S S X X S Micro Wflve ToWerll SCHEDULE OF USES c E ! ~. ~" a PD ~ -II -. ~ . . "6..5 t:S -.::s~:s ~~6 '" ]. ~ _C tl i=i:s ~~a ~ ] ~. ~.= 'G -a=i'.5 ~~a . c ~~ o. ~~ C ~. II '='C tH SYMBOL R-I R-2 R-3 R-4 Rlldio or Tl"]e\ision Trans- mitting Station, Commercial S S S S S S€.....erllge Pumpinj:: Station X X X X X ~werage Treatment Plant S S S S S Railruad Tracks and Right-of-Way X X X X X Railroad Tt'am Tra~k FrMf/:ht Depot TellCphone Business Office Telephone Ex('hange Swit.ch- ing Relay and Trllnsmitting Equi..ment S s S S S l'tilitip". Puhlicor Privl\te Ottwr than Listed s S S S S l'lility Shupli orStorall'e; YliTd~ Itnd BU)ldinjrf Walter Tn-olmpnt Plant S S s S S APPENDIX A - Zoning Ordinance - 46 - R-5 MH --f--- S --- . E o :c . . i... 's ~~5 g ~ j etj ;; 'tf -sfs t 's i~5 ~ is .. ~ C C 0 t -!.~ e-- O~6 OP NS GB S S X X X X X S S S S X X X X X X X X S X X X S S S X X S S S S . < 'C ~ - . elt~ "i ;.." Sp :;~] ]Jt~ . '" :s ~ . 0 i5~<!; ...~ c ~ ~ l~~ ~ . . .!:o..ai M-l M-2 X s x s s _ S X s X s- X s- X s X s X s X s SCHEDULE OF USES ~ E ~ ~s 1 t: ~ .~t: ~-~ ~~5 !:o ti.~5 ~ -3 'r ~ -a_~t: :J'i1 -s ",~iS .. ~ c c c ",.- 1:: t j.c E 0;_," o..r-". -g c ~ i..... _ ~ ,t 'I: t tl l:O: 1>... <; -s i~iS D is - c l= ~~ c ,< ..:- 'C l!~ R-3 , ] ~ ~t: ic'is ~~3 ~ '" . < ]"","5 ~~5 SYMBOL R-5 MH PD R-l R-2 R-4 OP NS GB v,.'''..r....dl. Ft"Hervoir Pumpi ng ~tati(m or Storage 8 8 8 8 8 8 8 8 x :'\t'wflndl1n"dwclul"d tTtilitv ll11d R,.]ntl'd S{-nice (l~,.~ as PT<ninpd fur under ~ti()n2,1.1 8 8 888 888 X -- ENTERTAINMENT A;>;D RECREATIO:\AL USES AmlJ~I'mt"nt, Commercial Outdoor - Indoor 8 X X rountry Club 8 X S S S X X x Or,,!:" Strip S Fair~"T"Unds S X X X Park 'Plll~'b"TOl,Jnd 'Similar Puhli{' Site X X X X X X X Private Club S S X X X X x . < ., c - . 6t~ .;"'Cl EE-a ~ i: l: ]~as . " :5 ~ . 0 C~t!i .. .~ ~ ~.a .g 'i: ~. .=~as M-l M-2 X s X s X s x s S S X X s s x s -~-----~ ~ . < . " ~ - 'S go i c . ~ c -3 . ~ ~= ] ~ t:~ 0 E ] 'r . 25~rS SCHEDULE ~ 's ~~ ~ 8 .. ~ C .~"'Cl En . - r::- .- '" c 0 j"tJ . .. .~ OF USES ~.= 1:$ ",.: t: c ~. "S,.: t: . . Cl -; "i ~ 13 eEl ., ~ l <11-'1:: . . J:. t.c t.: "5 -.~ i~l Q< 1C'i :5 1i:,;j'S c~_ '::I~:S ]..IIl-S e-E l!R"> ... ~'E~ H ~~a ~~6 ~",iS ~~6 c l . ~~6 tJiS ~ . . ::!:.c.o 00: "<0 'sc.a5 .:~al SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 Public S S S S X X X X X X S R,":-H'lltiun C('nter Private S S S S X X X X X X S Tmnis/Swim Club , ~e", and Un..ch..duled F:ntRrtainment and Recrea. 8 S S S 8 X X X X X S tional U!;l'S as Provided for undl'r St-ction 2.1.1 AUTOMOBILE AND RELATED SERVICE USES Auto Laundry X X X S Auto Sales and Repair X X X S (In Buildlng) Auto Sales, New or Used X X X S Car Lot (Open) Auto Painting IInd X X -S Boo)! Shop Gasoline Service X X X S Station APPENDIX A - Zoning Ordinance - 47 - ~ . <( . " .. ~ E . . . . c .a " - " e '" ~ .~ g . 0 . 0 ] ".. -. E ;.0::..... c~<!; SCHEDULE ~ 's ~~ .l! " ~~~ 0 ~ c ~ .. ~ _~'d . ~ . ~ " C 0 j..u "is ! 15 ".~ OF USES ~. ':.s u C ~. 13..5 u . . Ol-;;t: iE~ :E E~ 05 ~.:i'S .'i-~ os:-;: 'C ~"iI= :5.... "5 ~ i'~ ..c t:-J: t <=c -i:{:~ ~ ~ c o e- ....s: _ ~ -!i~ ~a ~~S o i .:!! Ha ~ . . Ji~i5 t~iS ::e~a "0.0 O.!:i5 ""IS ..=.cta; ..=.tas SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 Commt'rcial PaThng Lot Or Structure, S X X X S A.", _n Parking Lot Truck X X S Storage -- .--. ~ale ~l'W Auto Parts, X X X S in Building Sale Rnd &nin' !';{cw and U"t"d on f---- Auto A('('"s~orie;; and Parts, X X S in Ruildinl{ -- Seat C("..er or Muff1er X X S 1n1<la11ation Shop - -- -- Tire RetTl-ading and X S Capping Wn'dcing or Salvage Yard S for Autoso! Parts New and Um:l.'h('dult'd Auto- mobile Rt>Jated Service Ust'E< 88 X S Provided for under &-ct.ion 2.1.1 RETAIL A.."ID BUSINESS SERVICES Antique Shop 1 X X X X X ~ . <( . '" .. ~ 5 . E 0. . C .a " " '" '" .- -g 6t~ 15 t~ e ~~ -. E SCHEDULE ~ s -s .l! " 0 0 ~ C ~ ~ ;"'I:l <il;-a .. . ~ . ~ . . " C 0 j "'u -:y OF USES ~. ~.= tl ~.= ti C ~. Ii.!: ti . . : -:_~ .~ E~ '5 E~ 05 1i~ 'S ~i"5 "':;:: -s::: ":Ii ".5 ;s-","E ..ct:.c t.~ '5 (> E;: E~- ~'S: ... ",Sc; ~ ~ c ~6 tE~6 JS~~ "3 ~ .~ o ::a ,'" ~~5 ~~iS ~ . . ~ . . ~~IS "00 "0.5 o~~ .=~ai .=~ai SYMBOL PO R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 -- - Art Supply Store X X X X S Animal Clinic or Pet X X X S Hospital (NoOutsid", P,>ns) - Rank or Savings and X X X X S IAlan Office Book and Stationery X X X X S Store -- - Barber and Beauty Shop X X X X S Bake~onfectionery X X X S Shop ,al] Sale.;) Caff'teria'R.'slaurant X X X X S Camera Shop X X X X S C]e"ninl:' Shop11..aundry X X X S - Cl.,;.nin~/I..llundry I IX X X S Pirk-up, tatlUn -- ------- APPENDIX A - Zoning Ordinance - 48 - SCHEDULE OF USES SYMBOL Cl~"ning/I..I'lo.;ndry S..Jf Senicr' Shop Clinic Mt>dkal-'flfntal Drug Store'Pharm:.cy D,.pRrtmf;'nt ~tm" '[)jl'count House GJOct"ry ~((lrl' FurnitUTf,'App1ianc-f' Store F10rist Shop Garden Shop and Plant Salea Handcraft and Art ObjPCt ~a1e Hardware Store SCHEDULE OF USES SYMBOL H"nhy Shop Key Shop t..llhoraton, Mf'rlical orf)t>ntal" ,: Letter/~1imt'Ogr8ph Shop Ml'dical Appliances Fitting end SaleB Mortuary OffiCi', Professional/ General Rusineu Opti('al Shop Patkagt- Store Pawn Shop ~ e ~ .. ~~ "S ~i5 '" ]w r:.!:t$ -,..::m"S ~~a ~ ~ .. w ",.51$ ,.=j'S Jj~iS w o ~!~ .:: ~ o ~~ ~~'i ~~o ~ .a ~ i~1S 'D~i i.!i5 i '" . ~ ].... -~ ~~iS .. ~ 0 00 ;"j .~ E-- O~S 1 ~ J-1j ..c: t:-I: ....s:... ~H -:~ t.s .~ JJo PD R-l R-2 R-3 R-4 R-5 MH OP NS GB ---- o . E ~ ~~ "" .~ &:0 '" E ~w ",.5 tl -a~:S ~~8 ~ l ~ ,~~ ~:i'S rfi~i5 w .. .S ,- ~~ o ~ ~ a1:=-c: c ~;: ~..IJ j 'r ~ i.~tl ~~'S i.!i5 ~ '" . ;S..oc ~~ x x x x x x x x x APPENDIX A - Zoning Ordinance x x x x x x x x x x x x x x x 1 ~ of III "G .B:::1:j ~ .~ ~';;'E o 5 ~~i:S . "i : tl tq ~~c PD R-l R-2 R-3 R-4 R-5 MH OP NS GB - 49 - x x x x x x x x x x x x x x x x x x x x x x x x x ~ .. .~ ~ Il~" .. .~ 'EEl ~~l .=:trii M-l M-2 x ~ .. '0 ~ . ~ Il~" ...~ .~ ~.a ~'t~ .:~as M-l M-2 ~ Cl "5 ~ . 0 IS ~ c!i .. .." co. -c~ -! 'i :;; ..5c..f.i x s s x s x s x s x s x s x s x s x s ~ '" "5 g. i5~~ .. .~ C E = lol ]l~ x s x s x s x s x s x s x s x s x s s x ( , SCHEDULE OF USES SYMBOL Pet Shop - Small Animals, Birds 'Fish Personal Custom Services such as Tailor, Milliner, related Rf'tail Shops. Apparel Acc!',.. >,ories, Gift" and Similar C'onsumerltt>m.ll Repair of Ap-'p1iances, T.V., Radios and Similar Equipment Sh",' }Wpair Sio:ns. Rusiness Signs, Billboard 'Advl;'rtising Si/o:ns . Pole Type not urt'l'ding64 sq. It.. Only t'xpospd Face Si!:ns, Chw-ch and School ~nls9,~~ Estate SCHEDULE OF USES SYMBOL Studio, Photo!{Tapher, Artlst, MUSIC, Drama, Dance Studio. Ht-Nth, JU'ducing or Similar~rviCE' Studio. Dec.-orator and nil<play of Art Objecte I~ Tavern Travel Bureau or Consultant Vnerinarian Office (No Animal Hospital) Variety Store New and Unschpduled Retllil and RU!llness $en'ires 8S Pro- vided for under Sec. 2.1.1 Bakery, Wholf"Sal" ~ . E ~ .. ~n "S . . 6::0 -" e ~_:;olS i.~5 ~~~ ~ i .:~ ",.!:"G ~=iE ~~6 ~ C ~J C ~n <II:';:: 'C . ,- ~~a ~ -II '. ol! .~ is..= "G 'D~:S ;HiS . E . '" . n ::5.... '5 i~5 .. ~ c C . ~ "I .~ E 'C: _. o:t:5 l .8:ll ..e" -I: ..- HiS .!ll ~ri occc s x x ~ E -! ~n " .C H PO -" ~ . ~.s 1$ "'&~E ~~a PO R-l R-2 R-3 R-4 R-5 MH OP NS GB S APPENDIX A - Zoning Ordinance --1----1---- x x R-l -~-- x x ~ ] . ~ ~.s II 'S~:s ~!8 ~ C ~= . . :;;~ C ~n II--c: o 'g... ~~8 x x ( , ~ -II '. ol! . ~ -a.: II -.::I'ii5 .. . . ::IEee R-3 R-4 x x . E . '" . n ::s....E :E~5 R-5 MH -I- x x .. ~ C C . II it: t ~5 l.:: c:.. 00:5 x x x 1 ~ 2 .. II :i: t'l: llC"E ;:. ~~:S OP x x x x n < .C . - . . . is ~o ...~ 'S E.a :!i~ I:: ]tt~ M-l COMMERCIAL AND RELATED SERVICE USES R-2 - 50 - x S S S x x x x x x x x x x x x x x x x x .!'tS ~ _s'~ ~~i5 NS GB x x x x x x x x x x x x x x I X I X I n < 'S g. ~t~ -; :; "'1;1 "5 E ~ ~~"g ]~;. n '" :5 ~ . . iS~c!; ...~ EE.! l!l~ .:: ~ . . ..!:t:as M-l M-2 X s x s_ X s x s X s X s x s X s x s s X n '" :s g- . . i5~c'; ..... Sp ~ ." "Ot ~ ..:.c..if$ M-2 x s x s x s x s x s X s x x s SCHEDULE OF USES SYMBOL Building Material $,ues Cabinl"l or Vpholstery %op Cl,.trungManufacturingl Sanilaf Ught Manufacturing Process Ch'Hlung, Dyeing/Laundry Plant COlTlm"'rcial ('ontrm10TS Storagel Equil,ml'nt Yard Dance Ilalll !\"i!:ht Club Driv(Lln Theater Hell">' Machinery Sale Storal<(e Repair La:boratory, Manufacturing Laboratory, Scientific or Rt>st'arch SCHEDULE OF USES SYMBOL 1..itho/.'T"phl'r1Print Shop Maintenann' and fu>pair Storvice r:~~~~t~tDairY!Ice Opt'n Storage and Salf' of Fw-ruture. Appliancetl and Mac-hinery Pai nt Shop Plumbing Shop Railroad'Hus Pa"sen"..,T Station Storagt' Wart'h'wse TTadt'/C'.lJnmHcial s.,'hl."I, Trailt'rand ~1uhllt'Home SaJ(,~ "r P....nt,,] Only ~ E e- o ~~ O:s . . 0: is ~ 1. r::.s ~ "'Q~E ~~6 ~ 'g . . ~.= "G 1C~'S. J5~iS . . ~~ ~~ . >~ <1:= 'C . E- ~~;5 ~ -3 J . . ""5..5 "G 'a=i5 i~;5 ~ :t . ~ i..>l$ ~~5 -. ~. . . lll'~ t: t !'c E '- ," o~6 1 ~ j"", .c t"r:: tIIl'S: _ ~~6 -cEll t.= .S c ~_. occiS PD R-l R-2 R-3 R.4 R-5 MH OP NS GB ~ E e- o ~~ o -c a '" -S . . ~.:tj "S~'.5 ~~6 > 'g ~. ",.= 1j -ai .5 ~~6 . . .~ '0 ~~ . ~~ Ill-_I: O.E ... ~:iS ~ -3 -. ~ . . -a.: 1j ..::J~.S "3 it .~ "'00 -- . e . :t . ~ ]..",5 o ~'" :;:0...5 -- -. ~ . , . =liitj t ~.5 E e ,'" ct:5 x x x x x x 'I . ~ ~.tj ::;: -~'I: .,- ~~t5 . - . ~ tI's ~ ~ .is. <."" APPENDEX A - Zoning Ordinance PD R-l R-2 R-3 R-4 R-5 MH OP NS GB -- -- X X - 51 - ---- --~- X X X X X X X X X ~ < .~ g ~ ~Q -. .~ ',p .!~~ .!:l:t~ ~ < .5 ~ . . 6~o -..~ .1: E ~ -.~ ; ~ c ]~~ ~ '" "S ~ . 0 iS~c!i -.... :sp ~ < ~ "'Oi~ .!:o..a!i M-l M-2 X s X s X s X s X s X s X s X s X s X s ~ '" :s =- t3t~ tl~.." EE~ ~ii .:.o..a5 M-l M-2 X S X s X s X s X .$ X s X s X s X s X s SCHEDULE OF USES . s ~ o .. : < cc .~ :t6 ~ E ~ ~tl ~~E == );.~ UiCCl ~ E ~~ ...._"G li~'5 ~~i5 . .. -= ,," ~~ ~ ;~-~ 0' _ ~:t5 8 c -3 .. o! - . Q,.!:: ti 'n=c ,,-- "li5 s o " - < :E-", -5 ~~5 .. ~ 0 00 O:'i"'!j ~~-~ c:t:5 -g o ~ i "' ... ::;: t-e 1 .~.~-; <: zJJ::: c: < < E g- . 0 -..:: ..... ~~; .~ E~ ::I"::':: ~ ". "::::'::ff. < " 5 ~ . 0 c~rS ...~ os:: e !i ]~-g ~ " . .=:tUi " 5 :5 SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 T"",~f,'r St"r"g(' ..nd R;,g~"IH' T.-rminal x s -- ~-- --- .-- \"'krinilri;m H,,!<pitalor 1\,.""..1 ((lIl!~;O" 1'...,1<) ~- r--'--- -~- - - x -- --- - --_.- X s \Y~lcijT'g ,'T .\J;,chirH' Shop s - ----- ---1----- - -- ---- _J _-t--,L_ : l'\nCSTRIAL MiD Rt:LATED I'St:S s \\'ll"lt'~nlt' Off'ict' ~l,'r"p' ~alt'l' ~,." and t'n,,('hNlul/'d C"mm",,'ia! and R('li>led S,n~("t' l'~"l' ;'" rro,iot'd f,.. unn"r S,'('lion 2.L1 s --.--. light ManufiiMurinl': rr()...'''~ (;:;"t' Pn,.isinn!< s,,<,. 2.1.5) Anv Mllnufafluring, Indu!<trial. Sto"r"j.:"t' Or Al'!'t"mhling Process not prohihilt'dbyla"'(&'E' Provj,;ions Sec, 2.1.6) x X x - - 8 < < " " . . c '5 ~ ); ~ c ~ . . E ~ ~ ~" -g ;5 0 ;5 . .. s ~c ~c ~ E E ~! o! .. 0 SCHEDULE 0 ~ c ~ .. .. .. . . . ~ . " c 0 ] : ~ .~ .~ OF USES :< c... ,.:: U ~.:; ~ c ,< -5,,:; li - < "'-il:: ~ < 5 , ~ -5 E.! "C "~-I: 1i::aiB "'C::-I: ".o~-.s ~~'~ t! "5 ..c ," 'I: ~ ~~~ ~ ~ l:: .~ ""l&-.;.... o ,- . ,- C l: :t"~ c :t"~ "3 :t ,~ ~~2 I~5 ~ " . ~" . ctB ~ c.:! ::E~5 <! c . - .=~w u;OCl ~ClCl o.c ",," ~c..u:; -- --. f- ~~- -- SYMBOL PD R-l R.2 R-3 R-4 R-5 MH OP NS GB M-l M-2 -- ---- ~-- --- ---- -_._~-- ---- ~-- .,...- .--.--- ---'---- FOLLOWING I'SES Pf:H~lITn;1J BY SPECIAL USE PERMIT ONLY n. . Asphalt or ('"nude S n"tehing Pt,nts - St<>ra".. of Sh..!l, Sni!, S S Sand and Gravel C"mm..rl'iHI Extraction of S S Soil. S..nd, and Gravel .._---- Wro.'t"kjnJO: "SahaJO:e __ __L~ ___ S Yanl -. APPENDIX A - Zoning Ordinance - 52 - APPENDIX B DEFINITIONS For the purpose of this ordinance, certain words as used herein are defined as follows: Accessory Building or Use: An accessory building or use is one which: a. Is subordinate to and serves a principal building or principal use; b. Is subordinate in area, extent, or purpose to the prinicpal building or principal use served; c. Contributes to the comfort, convenience, and necessity of occupants of the principal building or principal use served; d. Is located on the same building lot as the principal building or principal use served. Accessory, when used in the text, shall have the same meaning as accessory use. An accessory building may be part of the principal building. Alley: An alley is a public right-of-way which affords a secondary means of access to abutting property Apartment: An apartment is a room or group of rooms in an apartment building used as a dwelling for one (1) family unit which does its cooking therein. Apartment Building: A building or portion thereof used or intended to be used as a home for three (3) or more families or households living indepen- dently of each other and equipped for preparation of food. Basement: A story (or p~~tion of a story) partly below curb level, with at least one-half of its height (measured from floor to ceiling) above curb level. The curb level nearest to a story (or protion of a story) shall be used to determine whether such story (or portion of a story) is a basement. Building Official: The officer or other designated authority charged with the administration and enforcement of this ordinance, or his duly authorize representative. Boarding House: A building other than hotel, motel, or an apartment hotel where, for compensation and prearrangement for a definite period, meals or lodging and meals are provided for three or more persons, but not ex- ceeding twenty persons. Block: A tract of land bounded by streets or a combination of streets and public parks, or corporate boundaries of the City of Schertz. Board: The word Board shall mean the Board of Adjustment. APPENDIX B - Zoning Ordinance - 53- Building: Any structure which: a. Is permanently affixed to the land; b. Has one or more floors and a roof; c. Is bounded by either open area or the lot lines. A building shall not include such structures as billboards, fences, or radio towers, or structures with interior surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or similar structures. Building Detached: A building which is surrounded by yards or open space on its building lot. Building Area: The total square footage of a lot covered by a building measured on a horizontal plane at mean grade level. Building Envelop:: The net cubic space that remains for placing a structure on a site after building line, setback, side yard, height, and bulk regu- lations are observed. Building Height: The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roof. Building Line: A building limit fixed at a specific distance from the front or side boundaries of a lot beyond which a structure cannot lawfully extend. Building Plot: The land (lots, or tract of land) upon which a building or buildings are located, or upon which they are to be constructed, including yards and bounded by the property line. Buffer Zone: A strip of land created to separate and protect one type of land use from another. City: The City of Schertz, Texas Clinic: An establishment of offices in which a group of physicians, den- tists, or other practitioners of the healing arts, and allied professional assistants are associated for the purpose of diagnosing and treating ill or injured persons. A clinic may include a medical or dental laboratory, but may not include facilities for providing room or board for patients, nor may a clinic include offices or facilities for veterinarians. Club or LOdge: An association of persons for the promotion of some non- profit common objective, such as literature, science, politics, good fellow- ship and similar objectives which meets periodically and which is limited to members. APPENDIX B - Zoning Ordinance - 54 - Commercial Amusement: Any enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, ferris wheels, childrens' rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises. Common Property: A parcel or parcels of land, together with the improve- ments thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a Planned Unit. Commission: The Planning and Zoning Commission of Schertz, Texas. Comprehensive Master Plan: A legal document often in the form of a map and accompanying text adopted by the local legislative body. The plan is a compendium of its general policies regarding the long-term develop- ment of its jurisdiction. It is also called a "general plan" or "city plan." Council: The City Council of Schertz, Texas. Court: An open, unoccupied space bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space. Convalescent Home: persons recovering sation. Any structure used or occupied by three (3) or more from illness or receiving geriatric care for compen- Corner Lot: A lot abutting upon two (2) or more streets at their inter- section. District: Any section of the City of Schertz for which the zoning regu- lations governing the use of buildings and premises, the height of build- ings, the size of yards, and the intensity of use are uniform. Dwellings: Any building or portion thereof which is designed for or used for residential purposes. Dwelling, Multi-Family: A building or portion thereof constructed for or occupied by three or more families and containing three or more dwelling units. Dwelling, One Family: A building designed for or occupied exclusively by one fami ly. Dwelling, Duplex: A building designed for or occupied exclusively by two families. APPENDIX B - Zoning Ordinance - 55 - -~---------~--,---~-----_._~-_._--------- Dwelling Unit: A room or suite of two or more rooms designed or intended for use by an individual or family in which culinary and sanitary conven- iences are provided for the exclusive use of such individual or family. Dormitory: Any structure specifically designed to house student tenants associated with a university, college or school. Family: A group of two or more persons related by blood, marriage, or adoption residing together; this is the basic occupancy intended for "single-family residence" districts. Filling, Retail Service Station: An establishment where gasoline, oil, and grease, or automobile accessories are sold, supplied or dispensed to the motor vehicle trade or where motor vehicles received limited repair, are equipped for service, or where electric storage batteries are charged and cared for, or a place where any two (2) or more such activities are carried on or conducted as the principal use of the establishment. Fraternity, Sorority, or Group Student House: maintained exclusively for students affiliated tional institution. A building occupied by and with an academic or voca- Frontage: All the property on one side of a street between two inter- secting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead end of the street. Garage, Commercial: A commercial garage is a premise, and structure used for housing more than five (5) motor vehicles or where any vehicles are repaired for operation or kept for remuneration, hire, or sale. Garage, Private: An accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is necessary. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity. Garage, Public: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles. Garden Home: Is an individually owned single-family home, separated from its neighbor by a minimum of ten (10) feet on a lot having a minimum of five thousand (5,000) square feet. Home Occupation: Any occupation or activity carried on by a member 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 APPENDIX B - Zoning Ordinance - 56 - 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 house- hold purposes. Hospital, Sanitarium, Nursing or Convalescent Homes: A building or portion thereof, used or designed for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by said persons. Hotel: A building used or intended to be used as living quarters for tran- sient guests, but not excluding permanent guests, and may include a cafe, drugstore, clothes pressing shop, barber shop or other service facilities for the guests for compensation. Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4) or more children at anyone time during part of a twenty-four (24) hour day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. Loading Space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet. Lot: As used herein, a "lot" is the physical and undivided tract or parcel of land as shown on the duly recorded plat. Lot Area: The area of a lot between lot lines, including any portion of an easement which may exist within such lot lines. Lot Corner: A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the points of the intersection of the side lot lines intersect at an in- terior angle of less than 135 degrees. Lot, Double Frontage: A lot having a frontage on two non-intersecting streets as distinguished from a corner lot. Lot, Interior: A building lot other than a corner lot. Lot of Record: A lot which is part of a subdivision, the map of which has been recorded in the office of the County Clerk of Guadalupe, or Bexar and/or Comal Counties; or a parcel of land, the deed of which was recorded in the office of the County Clerk of Guadalupe, or Bexar and/or Comal Counties. Mobile Home: It must be a movable or portable dwelling constructed to be towed by a motor vehicle on its own chassis over Texas roads and highways APPENDIX B - Zoning Ordinance - 57 - under special permit connected to utilities, and designed without a permanent foundation, for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit. Mobile Home Development: A unified development of mobile homes placed on individually owned lots. Mobile Home Park: A unified development of mobile home spaces arranged on a tract of land under single person ownership, meeting all require- ments of this Ordinance. Motel or Motor Hotel: A building or group of buildings including either separate units or a row of units which contain sleeping accomodations primarily for transient occupancy, and provide off-street parking space on the same building lot for use of its occupants. Multiple Building Complex: More than one (1) principal building on a building plot. Nonconforming Use: The use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is situated and which use was in existence prior to the effective date of this Ordinance. Occupancy: The use or intended use of the land or buildings by proprietors or tenants. Open Space: That part of the countryside which has not been developed and which is desirable for preservation in its natural state for ecological, historical, or recreational purposes, or in its cultivated state to pre- serve agricultural, forest, or urban greenbelt areas. Parking Space: A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of an automobile. A parking space shall not occupy any public land. Permit: Is an official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity. Planned Unit: A land area which: 1. has individual building sites and common property such as a park, and 2. is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may be either public or private. APPENDIX B - Zoning Ordinance - 58 - Planned Residential Unit Development: A single planned unit as initially designed; or such a unit as expanded by annexation of additional land area; or a group of continuous planned units, as separate entities or merged into a single consolidated entity. Plot Plan: A plan showing the use of the land, to include locations of buildings, drives, sidewalks, parking areas, drainage facilities and other structures to be constructed. Retail Food Store: A retail establishment selling meats, fruits, vegetables, bakery products, dairy products, light hardware and other similar items which are purchased for use and/or consumption off the premises (may be a drive-in or supermarket type). Rooming House: A group of rooms provided for compensation either in a converted single family home or in a structure sepcifically designed for such purpose. No cooking facilities are provided in individual living units. Rooming and Boarding House: Where both rooms and meals are provided for compensation for more than four (4) persons. Setback Line: A line which marks the setback distance from the property line, and establishes the minimum required front, side and rear yard space of a building plat. Shopping Center: a variety of goods an integral unit. A composite arrangement of shops and stores which provides and services to the general public, when developed as Sign, Advertising: Poster panel, painted bulletins or other advertising devices which promote and advertise commodities or services not limited to being offered on the premises on which such signs are located. Sign, Business: A graphic device which advertises only commodities or services offered on the premises where such sign is located. Sign, Church and School: Name plates and bulletin board for schools, and churches located on premises, but not exceeding thirty (30) square feet in area and not a flashing, intermittent, revolving or similar lighted type. Free Standing Sign: A free-standing sign supported by a single vertical support anchored or set in the ground, no exposed face of which exceeds sixty four (64) square feet in surface area. Sign, Real Estate: Temporary signs pertaining to the sale or rental of property upon which they are located, not exceeding twenty (20) square feet in area and advertising property only for a use which it is legally zoned. APPENDIX B - Zoni~g Ordinance - 59 - Storage Garage: A "storage garage" is any premise, and structure used exclusively for the storage of more than five (5) automobiles. Story: That portion of a building, other than a basement, included be- tween the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling nest above it. Story, Half: A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four (4) feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker of his family, or by a family occupying the floor immediately below it, shall be deemed a full story. Street: A public or private thoroughfare which affords the principal means of access to abutting property. Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street. Structure: Anything constructed or built, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Structure, Principal: The prinicpal structure which fulfills the purpose for which the building plot is intended. Structural Alterations: Any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders. Town House: Is a row of single-family dwelling units which are attached by one or more common walls. Use: The purpose of activity for which the land or building thereby is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this Ordinance. Variety Store: A retail commercial establishment which supplies a variety of household goods, toys, light hardware items, candy, some clothing and other general merchandise. Variance: A legal deviation of a district enforcement will result in undue hardship. owne~, standing alone, shall not be deemed zoning regulation whose strict Pecuniary hardship to the to constitute undue hardship. APPENDIX B - Zoning Ordinance - 60 - Wrecking or Salvage Yard: A place where waste, discarded or salvage materials are brought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged materials of house wrecking and structural steel materials 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 of used furniture and household equipment when conducted entirely within a completely enclosed building, sale of used cars in operating condition, or salvaged materials incidental to a manufacturing operation. Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the dept of the rear yard, the minimum horizon- tal distance between the lot line and the main building shall be used. Yard, Front: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections of the usual un- covered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered a parallel to the street upon which the lot has its least dimension. Yard, Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the pro- jections of uncovered steps, unenclosed balconies, or unenclosed porches. Yard, Side: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto. Definitions not expressly prescribed herein are to be construed in accord- ance with customary usage in municipal planning and engineering practices. APPENDIX B - Zoning Ordinance - 61 - . . To: Richard Harris -~ From: Nancy Kerr Re: Constitutionality of Schertz Billboard Ordinance Date: April 1, 1985 Facts: Article XVIII, Section 2.6, of the Zoning Ordinance of the City of Schertz prohibits the erection of billboards advertising products or services not available on the site of the sign. A variance from this regulation has been requested and is scheduled for hearing before the Board of Adjustment on April 2, 1985. ;: '...... Question Presented: ~,y~.' '<,. Is the prohibition against construction of off-premise commercial billboards constitutional? Answer: .-r... (~. '.~~~ " Yes. Commercial speech which is not misleading .and which does not concern illegal activity warrants first amendment protection. Regulation of such speech, however, even to the point of a ban against~commercial off-premise billboard advertising, is constitutional since traffic safety and beautification of the environment are substantial governmental interests directly advanced by such regulation. Discussion: Before 1976, purely 'commercial speech was considered outside the scope of the first amendment. Valentine v.' Chrestensen, 316 U.S. 52, 54 (1942). In that year, the case of Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. established that truthful commercial speech regarding lawful activities should be protected by first amendment safeguards. Virginia State Board of Pharmacy, 425 U.S. 748, 773 (1976). Commercial speech, however, continued to occupy a less favored position than political, cultural, social, or religious expressions and in Central Hudson, the Supreme Court 'articulated a separate I ..~.- "- I 1. Does the commercial speech activity or is it misleading? concern . . standard of review. The Central Hudson test, which applicable to the Schertz ordinance, involves four steps: 2. Is the regulation justified by a governmental interest? 3. Does the restriction directly advance interest involved? 4. Is the restriction no more extensive necessary to further the state interest? Central Hudson Gas v. Public Service Comm'n, 445 U.S. 557, 564 (1980). The Supreme Court had occasion in 1981 to apply this test to the City of San Diego's ,billboard ordinance which included a ban against off-premise commercial signs. Metromedia, Inc. v. San Diego, 453:U.S. 490, 507-12 (1981). No claim was made that the speech prohibited was misleading or concerned illegal activity. The-Court resolved step 2 of the Central Hudson test by stating that there can be little doubt that the "twin goals that. the ordinance seeks to further--traffic safety and the appearance of the city are substantial governmental goals." Id..at 507-08. Respect for the judgment of the local lawmakers that traffic safety and aesthetics were directly advanced by the regulation was sufficient to clear step 3. Finally, the Court found the ban no more restrictive than necessary: If the city has a sufficient basis for believing that billboards are traffic hazards and are unattractive, then obviously the most direct and perhaps the only effective approach to solving the problems they create is to prohibit them. The city has gone no further than necessary in seeking to meet its ends. Id. at 508. - ~-' :..... -.1> The Court concluded in Metromedia that the off-premise commercial billboard ban passed the Central Hudson test but deemed the sections of the San Diego ordinance pertaining to noncommercial speech unconstitutional. The decision's precedential value has been questioned since it was reached -2- '- ~ , .' by only a plurality of justices. For the purpose of analyzing commercial speech regulations, however, the decision is strong since the concurring justices and the dissenters looked favorably on this aspect of the ordinance. Justices Brennan and Blackmun would require a city to present evidence that the regulation advanced the interests of traffic safety and aesthetics. Id. at 528-30. Justice Stevens, writing in dissent, agreed with the plurality that the distinction between commercial on-premise and off-premise signs was constitutionally permissible. Id. at 542. Chief Justice Burger, another dissenter, employing the rational basis test, emphasized that traffic safety and aesthetics are substantial governmental interests. Id. at 560. Justice Rehnquist stated that aesthetics alone-Was a sufficient regulation objective. Id. at 570. In 1983, the Fifth Circuit cited Metromedia extensively in upholding a Mississippi law which banned liquor advertising. Dunagin v. City of Oxford, Miss., 718 F.2d 738, 746-53 (5th Cir. 1983). c Even before Metromedia, Maine's statewide ban of off-premise commercial highway signs won the approval.' of the:.First Circuit but the statute's effect on noncommercial spee~h -rendered it unconstitutional. John Donnelly."&. Sons v. Campbell, 639 F.2d 6, 15-16 (1980), aff'd, 453 U.S. 916 (1981). ,~ '. Conclusion: Eugene McQuillin in his treatise on municipal law states that "neither federal nor state constitutions prevent a municipality from enacting anprdinance prohibiting off-premises commercial billboards and requiring the removal of existing billboards .after expiration of. a reasonable amortization period." 7 E. McQUILLIN, THE LAW OF MUNICIPAL CORPORATIONS 306 (1981) . Schertz's ordinance addresses new construction thus amortization is not an issue. The ordinance states that its objectives include prevention of congestion on streets, overcrowding of land, .and preservation of the natural environment, clearly substantial governmental interests. The Supreme Court in Metromedia did not require specific evidence of the link between the ban and objectives. Any such concrete evidence, showing that the ordinance directly furthers the governmental goals, would nevertheless provide extra., security against a constitutional challenge. <~. . NNK -3- I h , -"-.-- '- I PUBLISHING CO. OF TEXAS PUBLISHER'S AFFIDAVIT COUNTY OF BEXAR) STATE OF TEXAS ) I Therese A. Neville , - , authorized representative of the Herald Publishing Company, 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/Weekly/ Northwest Herald, a weekly newspaper ot general circulation p~blished at Universal City, Bexar County, Texas, on the fol- lowing dates, to-wit: August 30_ _A.D., 19 79_. 19-=Z_~. cl'tuJ<. HI 0 n \.1\0 I \.I no. . _____ HERALD PUBL!S~~F TEXAS before me, this .3.L- day of a,L~~t(, <l + ~~ i/h~} Notary Public in and for Bexar County, Texas Subscribed and sworn to ORDINANCE NO. 71-8-15 AN OROINANCE BY THE PROVISIONS OF ARTICLE 1011a, REVISED CIVIl STATlITES OF TEXAS, TO REGULATE THE LOCA. TION, HEIGHT, BULK, NUMBER OF STORIES, AND SIZE OF BUILDINGS; OPEN AREAS. LOT COVERAGE; DENSITY AND DISTRIBU. TION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUC- TURES; TO REQUIRE OFF- STREET PARKING AND LOADINGi AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRIcrs OF SUCH NUMBER, SHAPE, SIZE ANn CHARACTERISTICS AS MAY BE ADVISABLE TO CARRY OUT THESE REGULATIONS: TO PRO. VIDE FOR ITS ENFORCE- MENT; TO PROVIDE FOR A BOARD OF ADJUSTMENT; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVI- SION, p_. _edandadopled thIa tile 2ht day <i -. 1"", June G. KraWJe, City Secretary I I /' r~ " 1 " ,~ ; I I r(j\ I I , . '....~ I , 1"- I: ......... I" ',1". \' -. / / , , /yX:::<-- i'~ ! "'-'", , , -"-. ", /