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79-S-17 November 3, 2005 The attached Ordinance No. 79-$-17 is not signed, however it is the only found as a record fo this ordinance. . ORDINANCE NO. 79-S-15 . ZONING ORDINANCE PASSED, APPROVED AND ADOPTED the 21st day of August, 1979 .. . ORDINANCE NO. 79-S-15 AN ORDINANCE BY THE PROVISIONS OF ARTICLE lOlla, 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 Co~ncil 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 ?ppropriate 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: . CITY OF SCHERTZ, TEXAS . TABLE OF CONTENTS ARTI CLE I PREAMBLE Section 1 Title 1 Section 2 Enacting Clause 1 Section 3 Purpose 1 ARTICLE II DISTRICTS, DISTRICT BOUNDARIES, OFFICIAL ZONING MAP, NEW AND UNSCHEDULED USES, AND COt1PLIANCE REQUIRED Section 1 Districts 1 Section 2 Boundaries 2 Section 3 Official Zoning Map 3 Section 4 Classification of New and Unscheduled Uses 3 Section 5 Compliance Required 4 ARTICLE III NEWLY ANNEXED TERRITORY Section 1 Annexed Territory-Temporary 5 ARTI CLE I V PRE-DEVELOPMENT DISTRICT REGULATIONS PD . Section 1 Regulations Pre-Development District 5 ARTICLE V SINGLE FAf'.1IL Y DWELLING DISTRICT REGULATIONS R-l Section 1 Use Regulations 6 Section 2 Height Regulations 6 Secti on 3 Area Regulations 6 ARTICLE VI SINGLE FAf'.1ILY DWELLING DISTRICT REGULATIONS R-2 Section 1 Use Regulations 7 Section 2.'. Height Regulations 7 Section 3 Area Regulations 7 ARTI CLE VI I TWO FAMILY DWELLING DISTRICT R-3 Secti on 1 Use Regul ati ons 8 Section 2 Height Regulations 8 Secti on 3 Area Regulations 8 ARTI CLE V I II APARTMENT/MULTI-FAf'.1ILY DWELLING DISTRICT, R-4 Section 1 Use Regulations 9 . Section 2 Height Regulations 9 Secti on 3 Area Regulations 9 - i - . ARTI CLE I X GARDEN HOME DWELLING DISTRICT R-5A & R-5B Section 1 Use Regulations 10 Section 2 Height Regulations 10 Section 3 Garden Home Dwell ing District R-5A 10 Section 4 Area Regul ati ons R-5A 11 Section 5 Garden Home Dwelling District R-5B 12 Section 6 Area Regulations R-5B 12 Article X MOBILE HOME DISTRICT Section 1 Use Regulations 13 Section 2 Height Regulations 13 Section 3 Area Regulations 14 ARTI 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 ARTI CLE X II 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 ARTICLE XV INDUSTRIAL DISTRICT GROUP B, 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 . - i i - . . . ARTICLE XVII ARTICLE XVI II ARTICLE XIX ARTI CLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXII I ARTICLE XXIV PARKING REGULATIONS Section.l Section 2 Purpose Off-Street Parking and Loading Requi rements SIGN REGULATIONS Section 1 Section 2 AMEN DMENTS Section 1 Secti on 2 Section 3 Section 4 Genera 1 Special District Sign Requirements Statement of Intent Changes and Amendments Procedure for Amendment Petition Public Notice and Procedure for Amendments SPECIFIC USE PERMITS PLANNED RESIDENTIAL UNIT DEVELOPMENT Section 1 REGULATIONS OF NON-CONFORMING USES Planned Residential Unit Development Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 ADMINISTRATION Section 1 Section 2 Section 3 Continuance of Use Change of Use Damage and Destruction Enlargement Normal Maintenance Structural Changes Administrative Provisions Certificates of Occupancy and Compliance Procedure BOARD OF ADJUSTMENT Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 - i;; - Board of Adjustment Jurisdiction Allowances by Board of Adjustment Applications for Special Exceptions Stay of Proceedings Hearing of Appeals Court Appeal 20 21 24 25 26 26 28 29 32 33 35 35 35 36 36 36 36 37 38 38 38 39 39 40 40 40 . 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 Orde rs 43 Section 5 Severability Clause 43 ARTICLE XXVI EFFECTIVE DATE 43 APPENDIX A SCHEDULE OF USES 44 APPENDIX B DEFINITIONS 53 . . - iv - . ARTICLE I PREM1BLE Section 1 Title This ordinance shan be known as "The City 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. . ARTICLE 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 Dwelling District R-2 Single Family Dwelling District - 1 - . R-3 R-4 R-5A R-5B NH OP NS GB M-l M-2 S Section 2 Two Family Dwelling District Apartment/Multi-Family Dwelling District Garden Home District - Zero Lot Line Construction Garden Home District-Conventional or Traditional Construction Mobile Home District Office and Professional District Neighborhood Services District General Business District Industrial District-Performance Standard Group A Industrial District-Performance Standard Group B 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: Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. 2. 1 . 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 1 imits. 2.4 Boundaries indicated as following shorelines of creeks shall be construed to follow such shore- lines;and in the event of ttieir movement, the boundaries shall be construed as moving with the actua 1 shore 1 i ne. . Boundari es i ndi cated as approx- imately fOllowing the center 1 ines of streams, rivers, canals, lakes,or other bodies of water shall be construed to follow such center lines. 2.5 Boundaries indicated as following 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. 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 publ ic 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. 2.8 Section 3 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 (l) 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 directe~ to be kept by the Planning and Zoning Commission and in .the office of. the Building Official. All amend- ments bf 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 - . listi~g 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. 4.2 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. 4.3 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. . Section 5 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. 5.1 5.2 There shall not be more than one residential dwelling on a lot on a duly recorded plat. . - 4 - . ARTICLE III NEWLY ANNEXED TERRITORY Section 1 Annexed Territory-Temporary Classification All territory hereafter annexed to the City of Schertz shall. be temporarily classified as PO, 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 PO, 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 follows. 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 Officialcif 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". ART! CLE V SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l Section 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 Section 3 3. 1 3.2 . 3.3 3.4 3.5 3.6 3.7 bUilding shall exceed Area Regulations: 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. 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 (9,6oo).square feet. Width of Lot: The minimum width of the lot shall be eighty (80) feet. 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) 3.8 3.9 Accessory Buildinqs: 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 Unschedul ed Uses". Section 2 Height Regulations: No building shall exceed thirty-five (35) feet. Section 3 Area Regulations: Front Yard Setback: The front yard setback shall be a minimum of twenty (20) feet. 3.1 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. 3.2 Side Yard Setback: There shall be two side yards, one on each side of the building, having an aggregate of side yards of fifteen (15) feet or a minimum of seven (7) 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. 3.3 3.4 3.5 Width of Lot: The minimum width of the lot shall be seventy-five (75) feet. - 7 - . 3.6 Minimum Depth of Lot: The minimum depth of the lot shall be one hundred (100) feet. Parking Re~ulations: 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) 3.7 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. . ARTICLE 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- . five (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. Width of lot: The minimum width of the lot shall be seventy-five (75) feet. 3.5 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 on each Two Dwelling Unit R-3 District lot. (See Article XVII) Sign Regulations: (See Article XVIII) 3.7 3.8 3.9 . 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. 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 Section 3 3. 1 3.2 . 3.3 building shall exceed 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. - 9 - 3.4 Area of Lot: The mlnlmum 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 Dwell ing District. (See Article XVII) Sign Regulations: (See Article XVIII) 3.7 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 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. . ARTICLE IX 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 Unscheduled 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 Regulati oris for R-5A Zero Lot Line Constructi on: 4.1 Front Yard Setback: The front yard setback for R-5A Garden Home District is set at a minimum of ten'(lO) feet. . 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 (l0) feet. 4.3 Rear Yard .Setback: There shall be a rear yard having a depth of not less than ten (10) feet. 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. 4.4 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 ~roperty 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 - . 6.3 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. Rear Yard Setbacks: There shall be a rear yard having a depth of not less than ten (10) feet. 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. 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. 6.4 6.S 6.6 6.7 6.8 Access to Parking: A twenty (20) foot paved alley must be provided for ingress and egress to all rear garages. . 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. ARTICLE 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 Unscheduled Uses". Also, See Mobile 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 ho~ frame above the ground elevation, measured at 90 to . - 13 - . the frame, shall not exceed three (3) feet. Section 3 3.1 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. 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 publ ic street. 3. For other structures on each space the mini- mum setback shall be at least ten (10) feet. .. 3.2 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. 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 . ART! CLE X I 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 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. Width of Lot: The minimum width of the lot shall be sixty (60) feet. . 3.3 - 14 - . 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. 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. 3.8 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. . ARTICLE 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. 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. 1 3.2 . - 15 - . 3.3 3.4 3.5 3.6 3.7 3.8 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. 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. 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 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. 3.9 Fences Required: Where a.neighborhood service district abutts residential lot(s), a privacy fence is required with a minimum height of eight (8) feet. GENERAL BUSINESS DISTRICT ARTICLE XIII Secti on 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 Hei~ht 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 . 3.3 3.4 3.5 3.6 3.7 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. 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. 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. Section 3 Area Regulations: 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. No parking, storage, or similar use shall be allowed in required side yards or side street yards in M-l Di stri cts. 3.1 . - 17 - 3.5 Rear Yard Setback: No rear yard is required, except that a rear yard of not less than fifty (SO) 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. 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 . 3.2 3.3 3.4 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 buildjng shall exceed thirty- five (35) feet. HEIGHT AND AREA SPECIAL CONSIDERATIONS ARTICLE XVI . Section 2 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. Special Height and Area Considerations: Height: In the districts where the height of buildings Section 1 2.1 - 18 - tt 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. 2.2 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: 2.3 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 th~ 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 - 2.6 overhangs and other architectural features projecting not to exceed ten (10) feet into the required rear yard. 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 dimension. 2. Inner Courts Residential Structures: For residential structures thirty-five (35) feet or less in hieght, any inner court which may be used for emergency access purposes shall have minimum dimensions in the length of the roof or eave at the top of the wall enclosing such court; but neither the width nor length of the base of such inner court need.::J~lCeed~tbjt:tY(30) feet, even though the height of the enclosing walls may exceed such dimension. 2.7 2.8 ARTICLE XVII Parking Regulations: (See Article XVII) Sign Regulations: (See Article XVIII) 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 - . Section 2 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 bi t Hall Business or Professional Office, Studio Bank, Medical or Dental Clinic 0-1,000 Square Feet 1,000+ Square Feet Bowl ing Alley Mortuary or Funeral Home Restaurant, Night Club, Cafe, or Similar Recreation or Amuse- ment Establishment Type of Generator . . - 21 - Unit Dwell ing Dwell ing Sleeping Beds Members Seat Rooms Seat Classroom Seat Classroom Members Total Square Feet Beds Seats Seats Sleeping Rooms Square Feet Sleeping 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 1/1 0 3 1/8 3 1/5 10 1/300 1/2 1/4 1/4 1/5 1/3 1/200 1 1/1 00 3 1/200 4 1/4 1/3 . 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 herein. . - 22 - 2.2. 4. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 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 €quipment, mobile home, trailer, or other open-air sales lot, shall be developed and maintained in accordance with the following requirements: 1. Surfaci ng: Except as otherwi se provi ded, 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: . 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 Industrial Districts, one loading space for each ten thousand (10,000) square feet or fraction thereof, of floor area in the building. a. 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. ART! CLE XV II I SIGN REGULATIONS Section 1 General: 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 requi red. 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: 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. 2.1 . 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 Nobile..Home Park DiStrict: A "Ground Sign" or "Wall Sign" of not more than one nundred(lOO) 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 - . 2.5 2.6 2.7 ARTICLE XIX . Section 1 Section 2 2.1 . ) 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. 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. AMENDMENTS Statement of Intent: For the purpose of establishing and 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 dr, 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. Changes and Amendments: Authority: The City Council in accordance with applicable state law may from time to time amend, supplement, change, modifyo~ 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 idstributed 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 envi ronment 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 monopolistic privilege 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 Filinq 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. 3.2 Contents of Petition: All petitions for amendments to this ordinance,.shall contain at least the following: . 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 pGmtion 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: 4.1 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: . Area Under Request: Lots or Area r::~'_Arooul)t. of Fee 1 to 2 lots inclusive or up to 1 acre $35.00 3 to 5 lots .inclusive or up to 1 1/2 acres $35.00 Each lot over 5($50.00 plus) per acre $10.00 Each acre over 1 1/2($50.00 plus) per acre $30.00 Maximum: in no event shall the fee exceed $200.00 - 29 - e 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. 4.3 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. .. 4.4 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. 4.5 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, \\ The Planning and Zoning Commission $hall within ~ /... (10) days after a Public Zoning Hearing, hold a regular or special meeting to act and recommend upon changes, amendments or specific use permits considered at such hearing. This meeting shall be 4.6 ~ - 30- . open to the public and the recording of minutes and other procedures normally conducted by the Planning Commission shall be observed; however, no proponent or opponent to a proposed zoning change, amendment or Specific Use Permit, or any other citizen interested in such matter shall be heard. The members of the Planning Commission shall vote on each proposed change, amendment or Specific Use Permit as to their recommendations to the City Council for either adoption or denial. The recOlIIIIendations of the City Planning an(,Z~ning eo.hsion shall be transmitted to the~u~ . the City SecretarY for the Council in wrf'Mng . within five (5) days following the meeting of:.t11e City.Planning and Zoning Commission. 4.7 After receipt by the City Council of the recommend- ations of the Planning and Zoning Commission, the City Council shall at either a regular or a Special meeting act upon the proposed changes, amendments or Specific Use-flermits. .Jf, JL. f. ,.... iJIll.4... ~l} ~L.~(iI ~ In ~ .uo.f';";j "'~ .,).'- '~~~~ ~.lif1$ 1~. jii1"vl~....tIr.j.~.JlJ~ . 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 (~O%) 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. ART! CLE XX 1.1 SPECIFIC USE PERMITS 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 r . - 32" - . 1.4 removed within thirty (30) days, or at the direction of the Building Official. Temporary Development 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 (l) copy of an approved Specific Use Permit. shall be delivered:tb the.owner of the pro- perty, one (l) 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. ARTICLE XXI PLANNED RESIDENTIAL UNIT DEVELOPMENT . Section 1 Planned Residential Unti Development: It may be desirable that many properties in the City be de~c~ vel oped in accordance with site plans prepared and - 33 _ . 1.1 approved in advance of development. To encourage such planned unit development, regulatory provi- sions are provided as follows: 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 (l) 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- . ART! CLE XXII Section 1 . Section 2 Section 3 . ~...... ... -" .. granting of a Certificate of Occupancy. 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. 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 (l) 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. 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 once 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. 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. - . Section 4 reconstr.uction. 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. Enlargement: A non-conforming use shall not be enlarged or extended, except upon authorization of the Zoning Board of Adjustment. Section 5 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. Section 6 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 ADMINISTRATION Section 1 Administrative Provisions: l.l 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 th)s 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: Certificated of Occupancy shall be required for: 2.1 . 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 (l) 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 0ccupancy 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 reQulations 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: 1. 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 sahpe 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 Applications for Special Exceptions: All applications 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 7 Stay of Proceedin~s: 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. 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 r~.verse or affi rm 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. lhe concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement,_ .deci~ion, or determination of an~ 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. 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. Section 5 Section 6 . . - 40 - . 7.1 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 sDAll 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. 7.2 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 ~oncisely 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 court that testimony is necessary for the proper disposition of the matter, the court shall take evidence, 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, which 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 Treasurer to the credit of the general fund of the City . of Schertz. . 7.3 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 - I:~ . 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. . Section 3 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 jln additdlon ;;to the penalties prescribed for such violation. 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 2.2 . - 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 df 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. 1979, with an effective date of day of O~~,~ Cj.J )9 9 A.D. , PASSED, APPROVED AND .ADOPTED this the ~) 27J~ /d/-c A:t:LJ Mayor, City of Schertz, Texas ATTEST: ~/ ~ .J'1"R~ ~ . y..Secretary (CITY SEAL) - 43 - . SCHEDULE OF USES SYMBOL AJ:Ti<"wtural Fit'ld CYops A~Tic-ullural Animlll Hu!'h1l.ndr,r Farm, Ran('h. or Orrhard Nt'w and Unsch...dult"d A,mrultureJ UI'l'S as Pro\.jdt'd rnr- under Sertion 2.1.1 OnE' Family [),,!,'elling Of't..3.ched ~ OnE" F1I.mih' ~'elling AuR....hE<d ITo..-n House) (~Pro\'i~on$ SK. 2.1.2) Tv.'o Family n.....E':lling . Multi-Family (Apartment) J')welling Garden Home . SCHEDULE OF USES SYMBOL f'IHnnffl JU.sid~'ntiRl Unit nl'Vdvpm~nt (&-t> ITovimnm: N>c.. 2.1.3) Boardi ng or R.,)('Imi nlf House Hotd or Motel Apartmt'nt HOLe! Mobile Home Cs..-e- Provisions &-c. 2.1.4) Nt'''''' and Un!ICheduled Re1ridenliaJ U..ell 88 Provided for undt:r ~ion 2.1.1 Attt'~'mr>' Huildin,k Rt'lAdt:ntlaJ . FlU'"m A('("('M~ry Buildinlf Horn.. (k("upation (HTficrf'E't Parkin,. InC'idornuJ to Main 1I_ i! . E g- 1~ a.c H PD R-l x x x x i! . E g- o ~ll as . . .!:is !::o e 0.. r::.~ 1$ "&=i :.s ~~a !::o e ~.. ...: 13 ....'is ~~a x x x x s ... ] .... .._= "G ,,&=ij'S ~~iS ... ] 0.. ~.= " ,,&=j~ ~l,iS R-2 x x x x s .s .. ....!: .- 0'" ~l,' o >."tl :i= ) . 0 f-"iS R-3 ~ ~ -lI III ". .,... .l! CO 0" Q.l 15..:"tl ? Q.l ~'i:S l- E :El,iS ~~ R-4~:R-.5 MH i '" . II ~..w:'5 ~~5 . ." 0 o 0 Ill'it: t :;'c Ee-= o.!:o AGRICULTURE USES OP x x x 1 .0 .soil ~'~:E i~6 .l"tl t.: :s ~!iS x x x x APPENDIX A - Zoning Ordinance .. o ~3 ~~ o ...1l ~]:5 t~iS NS GB x PRIMARY RESIDENTIAL USES x .X x x ~ -lI .. ~ . .. -a..!:1:S ." 'i:S HiS PD R-l R-2 R-3 R-4 x x x S x x x x x x x x x x s x x . E o '" . "tl ]..lIC".s ~ce~ x . ~o o 0 Ill'ii 1S t :'C c"c~ O.!:i5 'S .s 'ij s s "8 o .0 jOll ~'~'.s HiS s s S' x x S x s s s s S" s s . ii"tl t.: :s ~~iS MH OP NS GB x S x x x x x x x x ACCESSORY AND INCIDENTAL USES s x x x x x x x x - 44 - x x x x x x "tl < .C c. - " ~ t: e <0 ..." .< E ~ -.~ :; ~ r:: ]~~ II < :s g- o 0 [S~l5 . .~ :sn ~~ c: ]!~ II '" !i ~ o 0 is ~ <!; ..." sn ;~ c ]rt~ M-l M-2 x s x s x s II '" ~ g op ..." ~~~ ~i~ J:o..tlS M-l M-2 x s x s x s .. . . SCHEDULE OF USES SYMBOL ~Tv8nt or Can1.akera QUHrk~ Soria] and RKreational Ruildin~ ~wimmin~ Pool IPrhatr) Tt'mporar\' F'it>ld or ('(m~tr\.l,tion Office \~ Pro\"b.;on!; Sec. 2.3.3) ~t'w and VOl'C'hPdulll:'d Arl"('$!'or... and Incidl'ntol Ufle8 3:-: f"nn-ldP<! ror undt"T Rf.c. 2.1.] Airport. Heliport or l.Mding Field Church/RPctory Civic C~nter Convent IMons*,tery SCHEDULE OF USES SYMBOL Day Nursery Kindt'T";8.Tt..en Fnlll:rnil)' or Sorority, Ludge or Clvic Oub (No liquor) Home for Alcoholic. Narcotic or P.yduatric Patients Hospit.al (General Acute Care) Hospit.aJ (Chronic Care) lnlrtitutions or Religious or Philanthropic NatUTf' UbI'sry, Art Gallery, Muuum Publit' Administralion Ottic", Rr.idt"nC'f' HlIme for Aged School,_ Private, College. University <! . E g. Ell Q:S ~~ ~ E " .. r::.~ 1$ .,.'ii :5 ~~tS .. ~ ~.. ..,.= -e 1ia=i = ~~;5 .. c ~= ." ~~ c >.ll :1:5 t~;5 ~ ~ .. .:! . .. ~.!:t; ."'ii:5 ~~;5 i :J: . II ;B..w-S ~~;5 . ~c c . co; "G t :'C - ~ ~ ~~:5 8 .., ..E.~ ~'~:5 U~ Ii in ~.='5 c " " 0~iS PD R-l R-2 R-3 R-4 R-5 MH OP NS GB x S x x x S S S <! e g. Ell Q:5 ~~ 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 ~~~ x x . E o :J: . II :6.:.eE ~ce3 x x x x x S S APPENDIX A - Zoning Ordinance x x x x x x x .. "C C C . lll';:tj t ";'5 ~ c: . o <tiS 1 . "" jo..: ~'~E HiS x x x x INSTITUTIONAL A.."'D SOCIAL SERVICE USES s s >. ].. ~.= l$ - .c .....~ ~~iS x x s x x s x x x o -Oll t.~ 'S ~~15 PD R-l R-2 R-3 R-4 R-5 MH OP NS GB s S S s .. C ~= ~! o ..ll c- 'C o OJ;_ t~iS e c ~ .. .:! . .. -a.~ ~ ." 'i :5 "3 ~ " :EQiS x x x s s s s x s S s x - 45 - 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 II < .5 ;' ';t~ .. ~'"tI :s ~ ~ ~~l ..:~i'IS M-l M-2 , ....: II III b ~ ~~~ ...~ :5~~ . ."C ~t~ .!:D.iiS x s x s x 5 x s x s x s. x II < = ~ ~t~ .;""t:l H~ ~t~ .=~~ II III :5 go ;5t~ -; ;"'d .0 E ~ ~ ""C ;; {: c ]tt~ M-l M-2 x s s x x s . SCHEDULE OF USES . . E .t tt: en: .. ttiS ~ E . .. ~_= "G "'&~:s ~~i5 .. ~ ~.. ...!:~ .=j'S <il~iS .. c ~= r::l ." . ..1l :iE t~iS B c -II .. ~ i.~~ ~=j'E ::.~iS i 0: . 1l :S..Jll'.5 ~~:5 . .". . 0 c -~ "G t:~.s ~iE -g o .G j. ~ .c t.c !lC'S: _ UiS . -Ot: t.~ "5 ~~i5 13 < 'S g. ~ e~ "'iI ;-c .EE~ ~ {: c ]~~ 13 III b ~ is e ~ .. dl ~ ~." -!i:; .!:e..oo SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 School., Public or PKfochial S S S S x x x x x s Nt'w and Ul1tiC'hf-duled lru;titutionel and S~a1 ~n;N: HfoeS as I'ro\idr-d for Undl"T Section 2.1.1 S S S S S x x UTILITIES AND RELATED SERVICE USES EIf'Ctncal Substation s s S S s S s s x Elf'ctric- Po......er Gt-nerating Plant x s s FirE' Station S s s s s s x x x x s Gas Thansmission and Metering Station s s S X S S s X s X x X X local Utility Distribution Lines X X X X X X X s- s Radio. TeJevision or Micro Wa\'1I" Towers s S s s S s s S X X s . I. ~ 13 < 13 III 1l .. .5 .. :s ~ E c -II , .. .. ~'" . -g ~~~ iSe~ 11 'w .. . SCHEDULE ~ l.. .::~ cl! E 0 0 .., . .G a ;-0 "i1~"'O :1l ~.. . .. ::: . 0 .Boll . ~.=~ ." . 'i ti Ii ~ "d .!ip .!i~~ OF USES ...!:'"d c ..13 is..: 1$ . 1l c;.,: ..'ii:5 "Ii'i .5 -=-c .,,:;;:s ]..lICE t t'e ..c t'l; t.:.5 .g~~ .! i :; H o~- is'c. be-~ .... tE~a ~~iS t....iS "3 l 0 :sliS iJiiS ~J6 ::'oiS &:is ~~OS .!:a..a5 SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 Radio or Television Tran&- S S S S S S S S X X S mitting Station, Commercial 5ewe-rage Pumping Station X X X X X X X X X X S , Stowerall'e Treatment Plant S S S S S S S S S S s _ Railroad TrS('b Bnd X X X X X X X X X X S Right.of-Way Railroad Team Track X X S- Frei<<ht Depot Telf'phonf' BusinesB Offior X X X X s- Tde~one Exc:hanlte Switch. S ing ay and 1Tansmitting S S S S S X X X X S Etlui pment UtilitiPII. Public' or J'ri,"ate S S S S S S S S X X S Ot.her than Jjated Utility Sho(r. or Stor.~; X X .s YlId"ds and uildinp Waler Ttt'atment ~.nl S S S S S S S S S X S . APPENDIX A - Zoning Ordinance - 46 - . SCHEDULE OF USES SYMBOL Wi'lt~r''''f'lI. R"f.f>rvoir Pumping Sitation 01 Storage !'\'f'W IInd l1n~rhf.duh.d lltilih' and Rf'lawd S€n--icr ll~('s. 8$ Pro'\"idpd for under s..:-rtion 2.1.1 ArnUIWmf'nt. Commercial Outdoor. Indoor ("ountr).' allb Drill: Strip Fairgrounds Park/Playground lSimilar Public Site Prh"sle aub . SCHEDULE OF USES SYMBOL Publjc R.t:-crel'llion Ct'nt.er Pri,,'at.e Tennis/Swim Club Nelli.. and Unllcheduled EnLertainment and Rt-c:rea. tionAl UlIWtl u Provided for under s..ction 2.1.1 Auto Laundry Attt.o Sales Bnd Repair (In Building) A lflo Sales. New or Used Car Lot (OpeD) . Auto Painting and Body Shop Gaaoline &rvi~ SlaUOh c . E ~ " tt: C.C ..;; ctiS ~ E ~.. ....: ~ "1C~'5 ~~3 >> ~ ~~ ...- ~ 1C=i '5 J5~iS .. c ~'" 0" ~~ C >>ll .- 'C o.il - ~:::~ ~ -! .. ~ . .. c...!:'tS ~=i:S " . . :Eoo ~ '" . II :s x'S :S~5 .. ." C C 0 t'l.~ l'::~. o.tiS 1 .c jt~ ~'~:.5 HiS . c~tS t.5.S ~~L5 s S S S s s X S ;; . E 1- ~t: 0:5 15 ~ E ~.. ...5 " ,,'is ~~E PD R-l R-2 R.3 R-4 R-5 MH OP NS GB s s S X >> ~ r::~ .....'t!. "&:a:s. Jj~5 S S S S S s s s s x ENTERTAINMENT A."<D RECREATIO:\'AL USES s X .. C ~'" 00l ~~ C >>ll C-'r;:: o .il- ~~5 S S ~ '" . II i--:S ~~i5 X x x .. ." C C 0 C'c "G t :-1::: E~~ 6ct5 X X 1 .c .8.~ z: t.c ..>~ HiS S X S S S APPENDIX A - Zoning Ordinance S X x X x X X X X X X s x x X ~ ~ .. ~ . .. "0.-: ti ."'i:5 ~~5 . -Oll t.~ "i ~:i5 PD R-l R-2 R-3 R-4 R-5 MH OP NS GB S s S s s s S x x X X X X x X x S X X X S s x x AUTOMOBILE AND RELATED SERVICE USES - 47 - X x x X X x X x x 11 -< 'i ~ 6~<!; .. .." :5P ~~] .:~as M-l M.2 11 -< 'S go ;3t~ .. ~"'a ..q~ ~~] ]~~ II '" S t .:J ~~ .. .." .Ep 00'" ~t ;- ..:c..~ M-l M-2 X s X s. X s- X s S S x X s s X s II '" ~ g l'i~<!; .. .." :5E~ -!~1 t:&tas X s _S x X s X s x s s X x .s x .s . ~ '" < '" III i! .. :6 ~ "5 .. 0 . -3 . . E ~ >. ~~ .. 0 1 ~t~ ~tS SCHEDULE ~ E i ~ II! E . 0 ." . .<: .~"O ""i! i." 1", . .. ~.. "0 . .. :z: . 0 jo.., .2", OF USES '::.: 'tl OII.!':~ . >..., ::~ .~ . " Ill'; ~ :sq liP 0-': lio'i:6 ,.=j"5 III :::'C ;S'-: 'S t :'C ..c t.c t.:'S .!~~ ;~~ OE- ,,"- ~-- lIt.s:..... H J3~iS J3!iS t.r:.iS :c!iS ~rf~ liS HiS ~Ji5 .=~05 ]~~ SYMBOL PD &1 R-2 R-3 &4 R-5 MH OP NS GB M-1 M-2 CommtTcial Pulcing Lot or Structure, S X X X S Au'" Parking Lot 'ITuck X X S Storage Sl'llr :!'ew Auto PlI.J"U, X X X S in Bwldinf Sale and SeT\i~ New and U"e-d X X AuLo AN"I$~ori~ and Part8, S in Building Sut Coyer or M uff1 er X X S In:!ltallation Shop Tire R.etrrBding and X S Capping Wrt'1:"king or Salvage Yard S for Autos Or Parts Nf!W and Unf;chedult'd Auto- X mobile JUralaled Senice USf'~ as S Providt'd faT under ~on 2.1.1 RETAIL AND BUSINESS SERVICES AntiQue Shop X X X X X . . ~ '" < 1l co C .. li .. E ~ . . . . . E >. ~ ~=i "0 . -g . 0 . 0 .. (5 ~O C5 ~ ts SCHEDULE ~ E .f ~! .l! E .. 0 0 .". .<: .. . .. . .. . .. :z: . 0 i lilts 0 ..-0 ..." r::.: lS ';.: ~ "0 .c E ~ .~ ~ ~ OF USES :'" . >." 0...: 1j . tl C". -e - . tl 0:6 "'&=i:5 .=i:5 :~'S "+J=ai:5 :s ...<5 OIl 11I'1: :c t.c t.5OS ~...." E~- 'llC'S=_ ~~~ :-,.2 c H J3!iS ~~t5 tr:.iS "3 j: .~ o ~ . octB ;aiS ~~~ ." . . :Coo :Co.:5 .5tt~ ..:ttili SYMBOL PD R-1 R-2 R-3 R-4 R-5 MH OP NS GB M-1 M-2 Art SlIppl;y Stor~ X X X X S Animal Clinic or Pel X X X S HospjtAl (No Outside Penl) , Bank or Saving8 Bnd X X X X S Loan Office Book .nd Stationery X X X X S &0..... Barber and Beauty Shop X X X X S BBke~nfection~ry X X X S Shop .1 SaI"", Ca!n..eri./~8taurant X X X X S Camera Shop X X X X S CJeMninjt'ShoplLaundry X X X S - Cll"anin~/1..8und.rY X X X S Pit'II-up.. labon APPENDIX A - Zoning Ordinance - 48 - . . . SCHEDULE OF USES SYMBOL CJt'arUnglLaundry SelfServia.- Shop CliniC' Mffi.ical/nental Drug Store/Phflrffi1'lCY Department Store/Discount House Grocer)" Store Furniture/ApplianCf> Store F1orie;t Shop Garden Shop an d PlsntSalell Handcraft and Art Objf'ct~e Hard..are Store SCHEDULE OF USES SYMBOL Hobby Shop Key Shop L.shoTJltOry, Mf'dieaI or Dental Leu.er/Miml.'Ograph Shop Mt'd.ical Appliances FItting and BaJes Mortuary Office. Professionall Gen~ral BwrineAII Optical Shop Peckaat' SLr;.-e- Pawn Shop 1! e ~ ~ tll "':s ~6 ~ ].. r:.~ ~ 1lo'iE ~~i5 .. 'jj . .. ~.!:~ ..'iE u'6 .. C ~'" ~J C >.11 ~i~ t.:'o I ., .. .! -!.e1S ... 'i i HiS j . 1l :;e-lt'S ~l6 . "Oc C 0 '.C 1l t~'E Eo' b.ti5 1 ..0 j-'t3 ~ t.e .." - HiS ..ill t.5i ~~i5 PD R-l R-2 R-3 R-4 R-5 MH OP NS GB 1: . E ~ ~1l "'B .. 0 .to ~ E . .. r: .51$ "1C~:S ~6.s .. .~ :... ...S'13 ,.~= ;ij66 .. C "= ~... '::6 ." C >.11 <<I=:-c 05- t.:.iS I -3 .. cl! i~13 ~=ji :E66 . 5 o :: . 1l :s~ "5 ~~:5 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 . "Oc C 0 III 'E 'ti t;~1: ~~i5 1 .c j01l ..c t'J: tIC.s::..... HiS o -.11 t.~.~ ~~o 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 11 < :s ~ 6t~ .;." :sp ;0"0 "'I:I"I:~ .!:!6S 1l '" E ~ ~ ~~ ..." H~ .!i~ ..: 0.. iJ5 M-l M-2 x -s x s x s x s x s x s x s x s x s x s 11 < .C c. - ~ . 0 asgo .. .." En .go@:; .=.tas 1l '" :E g- o 0 ;s~o .. .." En -!i:; .:c..'! M-l M-2 x s x s x s x s x s s x x s x s x s .s x . Ce . SCHEDULE OF USES SYMBOL Prt Shop - Small Animals. Birds/Fl.b Perllonal Custom Servieu .uch fUI; Tailor. Milliner, rdaW ~~~ ~~~~S~r:ll~CCfft- Con~~mer Iu-ms \ Repair of ApDlianees T.V.. Ramos and Similar Equipment 1! . E It 1-.: ,!i5 !i5 ~ .s . .. r::-~ "rl .=ii:5 ~!E .. ] . .. ~.~ ~ ,.=i"S ~!iS .. o ~"' 0'" ~~ 0..'0 .~"C o i! ~ ~~iS ~. -II, J' r I .. I i.=~ "D =m 'S HiS i. :z: . '0 ::i.. "5 Ha .. "'0 o 0 t"! .~ 5H ] j.'O ~'~'S HiS "!'o ~.!:'5 l5~i5 PD R-l R-2 R-3 R-4 R-5 MH OP NS GB S x x 1! . E It ... ~'o en: a ~ E . .. ~.!: ~ ""Q~1: ~li5 x x .. ] . .. ~.~ 'U "Q =j '.5 ~~i5 x x .. c ~== ~! c ..1l ~ i:a ~~i5 x x/ X ". x x x x x x x x x x x x S APPENDIX A - Zoning Ordinance ShCM? JU.pair Siltns, Rl.Isiness Signs. Billboard/Adv!'rtisinl' Signs - Pole Type not nN'"f>ding6-4fl.9..ft.. Only ex~M Face Sj~n9. Church and School ~nt9.~J Esta~ SCHEDULE OF USES SYMBOL Studio. Photojrrapher. Artitlt. Mu~ic. Drama, nance Studio. H..Alth. R.l>ducinif or ~imilar Servi~ Studio. Decorator and Oisplay of Art Objec1.l J:; f'L ~ Tavem Travel Bureau or Con.wtant Vd.erinarian Offior (No Animo! llospiu)> V.ririy Store New and UnllChpduled Retail and BUlIIln-.s Services u Pro- vidrd (or unde-r See. 2.1.1 Bakery, 'Yt"hotf1lale x ( '" . ~ ~ .. ~ . .. ~.=~ "'=5 i~iS x x x x x x x x x x x x . .. 1 E 0 ." C .c :z: c 0 j:1j ... ~ ~ . tl 11I-; ~ ::S... .S .. -.C ~.s.5 ~.: .~ e-E": :E~:5 00:5 ~~i5 o~i5 x x PD R.l R-2 R-3 &4 R-5 MH OP NS GB x x x x x x S S S x x x x x x x x x COMMERCIAL AND RELATED SERVICE USES - 50 - x 1l < li ~ . 0 ~~o Ole." :SE~ ~~~ .=l::fl M-l M-2 x x x 1l < "S : i3~~ i1~""Cl .< E = i~] ]~~ M-l M-2 x -.: '" !i ~ .;~.; ..." .sp ~~1 ]~~ .S s_ x s ~ x s x s s x s x s x s x s ( , 1l '" 5 ~ . 0 Cgel; ..." 5P ~o'" "'Gt: .!:o..U5 s x s x s x s x s x s" x x s x "l! " R 1l -< 1l '" 0 . -! E 0. 1; 0. ..!:> " ~" ] . iS~j E ~" i :J .. . iSt~ SCHEDULE -! .2 ~ .. .... . " 0" x . . 2 . 'tI . "'i! ~ "'0 .. "1 OF USES ~ 1l ...!: 1:5 ~.!:lj . ,,1l -a,.: lS 0 1l t .!~ -; ~ tS E~~ .5 ~ · OE -a=i '.5 '"6C=a:s C-'s:; ~=in 55--= ~.~= t.: 1i c"e ~ ~~ r: .!'t1 H ,jj~iS ~~iS tr::iS i~i5 o ~ .. EP UiS ~!o ]~~ :l:o.iS o 0 ..!:o..ll'.l SYMBOL PD R-l R-2 R-3 R.4 R-5 MH OP NS GB M-l M-2 Building Material X X S Sol.. Calinri or Upholstery X X .s <::hop q.,thin~1Bnufacturingl Simil~r "ght Manufacturing X S Pr-ocess qt"Rnlng.D:ycing/Laundry X X Piant COmmercial S Contract on; Storagel X EQuipmt-nt Yard S Danre Halll X X r\ight Club S on"..In Theater X X S Heavy Machiner;r Sale X S Storage Repair Laboratory, X -s Manufacturing Laboratory, Scientific X X S or Research . . SCHEDULE OF USES "l! o E g- o ~1l O.C ~~ .. . "" .- ~! ..... . ,,1l .-'1:: c 's ~ tr::iS ~ -! .. .2 0" Q..: lj .,,'ij.S i~i5. . "illts t.!: '.5 c: ~.. OCOO 11 -< .C 0. - . i3t~ .. i." ._q~ ~ -c c::: ]r1:'; 1 . ..c .8 -lS ..c: t.C !a.s:.... ~~cS ..!:> e . .. ~.51j ""&=ii1i ~~iS " ] . .. ~.5 ~ "Q=j '.5 ~6t5 o E . '" . 1l :5..-:'5 ~~5 .. ... . . c C";;; ~ ~~.~ C5.ti5 SYMBOL PD R-l R-2 R-3 &4 R-5 MH OP NS GB M-l M-2 Ulho~8pher/Print Shop X X Maint~nan("f and ~pair ~rviee- X ~;~~t~lDairyl1ct! O~n. Stora'f.e and Sale of Furl1.lture. ppliances and Marhinery Paint Shop X Phlmmnt Shop X Railroad 'BWI Pa.~sen,r:~ Station X X . ~orallt Warehouse n.d."Commen:::ial School. X X X Trailtr and ~1(j}jlt Home Salt"tl OJ' ~n(al Only X APPENDEX A - Zoning Ordinance - 51 - 11 III li go is t~ 'iiI;'" EP ~c'" -o'E:i ...5 p... as X s X "'S X s X .s X -S X s X s X s X s X s . . . ~ " ~ II -< II '" . c -3 ~ " S " .t- o 0 E .t- ~= .. . l 0 t 0 ~ .e .e ~l E . :::; . . ~t; SCHEDULE ~ 0 ::r; 0 .., c .c 0" ~" . " :: c 0 !--c 0 . 0.., co.., ~.~ tj .., OF USES ~'G ... _= 't C >.ll 0..51:) . II c.;; 't .. ~ II .5 E ~ ".5 ~ ~ O.C -s:=ii:5 li=i ".5 :]:5 '.o=.c :S".5 t ::-~ ..c. t.e ~.~ .~ ~~] ~ ~ c:: .. ,.- c:cii 1Ir.'~ .- ~~a ~!i5 t~a o . 0 "C .. ~ ." . 0 6: is ::o;~a :e~5 c~5 z.l;,s o~i5 ]~~ .!:~as SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2 Tran"ff"r ~nralZP and na~"ajOl:(> TNminal X S \.l'l~'rinilrj;.n Hllspital or X S;. Kl"nnrl (Out~idf> Pt'n,,) Wpldir.~ tlr ~1;.whjnf' Shop X s- \'"hn!l.."Alf' OffiN' X X S SIIlH1J:(' 'Salt'$ ~t'w and {'n:!'chf'dlll.-d ("ommt'rc1R.l and RelatE'd S X S St'n:iN' l'~f'jO a!' Pro...ided (ur undt'l" SoN"lion 2.1.1 INDUSTRIAL AND RELATED USES Li~ht ManufariurinK rru("[>~l'i X X 4~ PrC''\-i!tions~. 2.1.5) Any Manufacturibfj_ Incu...trial. &uralZf' or A~!<f'm inJ.'! Pr~s X nC'\l prohibi~d b,"law l~ PrCl\'il'lion$ SeC". 2..1.6) SCHEDULE OF USES ~ . E E- O; ~1l O.C .. 6:iS " C !l= o . ... ~ .,,0 C >.ll c --c. c 'E.oj t~i5 ! C . ." .. ~ . .. :g.~~ ,.- :G~B II '" :s g- o 0 i5~o .0'" Z ~~ ~ -=: c: ]~~ l o .c .&:-c: .J: (..I'r: '.::It"> ... ~~6 o "iC~13 ~ .=.,~ " ~.- "'0:0 II -< "5 ~ . 0 6'" .. 1i1~~ -I:. E :a ].E~ ""0 .=ct~ .t- i = .. ~.= ~ 1i:~"S .= ~ .~ u::CQ .t- .e 0.. ~.= "G "&=i '5 .c ~ ,~ iijoCl . E o :: ..!! ,1) :g-::~ :E~5 . ." C < C 1:1 'ii t: 't :;'C ,,='"z'~ oO:c SYMBOL PD R-l R-2 R~3 R-4 R-5 MH OP NS GB M-l M-2 FOLLOWING USES PERMlTTED BY SPECIAL USE PERMIT ONLY AsphAlt or ComTetfo S RatC"hin.:: Plants - .sl~lraj.'t' ()of She-II, Soil. S S SKnd and Gravel Cummt'rriHI Extraction of S S Mil, Sand. and Gravel Wredonj:t/SaJ\'8jte S Yan! APPENDIX A - Zoning Ordinance - 52 - APPENDIX B . DEFINITIONS For the purpose of this ordinance, certain words as used herein are defined as follows: Accessory Buildinq 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 publ ic 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 p0rtion 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: Any structure used or occupied by three (3) or more persons recovering from illness or receiving geriatric care for compen- sation. 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 family. . Dwelling, Duplex: two families. A building designed for or occupied exclusively by 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. Fillinq, 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: A building occupied by and maintained exclusively for students affiliated with an academic or voca- tional institution. . 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 {l) 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 premlses; 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 towaole 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 publ ic 1 and. Permit: Is an official document or certificate lssued 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 composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit. 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 8 - 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 p~ates 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. ownet, 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- ande with customary usage in municipal planning and engineering practices. APPENDIX B - Zoning Ordinance - 61 - I'{'t\~ . April 23, 1980 TO: FROM: REFERENCE: Honorable Mayor and City Council Members Planning and Zoning Commission Proposed Revised Subdivision Ordinance The Commission recommends that the City Council review and consider approval of the proposed revised subdivision ordinance enclosed. . . . . \ . CHAPTER I A DMINISTRA nON SECTION 101 - TITLE AND SCOPE lOLl-TITLE The proy;sions cmbraced within the following chapters and sec- tions shall constitute and be known and may be cited as "The Building CodeH hereinafter referred to as Hthis code." 101.2 - CODE RE~IEDIAL This code is hereby declared to be remedial, and shall l,e con- strued to secure the beneficial interests and pnrposes thereof ~which are public safety, health, and general welfare--through structural '1-. strength, stability, sanitation, adequate light and \"entilation, and safety to life and property from fire and other hazards incident to the construction, altera tion, repair~ remoyal, demolition, U~e and oc- cupancy of buildings, structures, or premises. . 101.3 - SCOPE (a) The J,,'ovisions of this code shall apply to the comtrllction, alteration, rep,iiT, equipment, use and occupancy, location, Inainte- nance, remo\.aJ and nemolition, of eyery building or structure or any appurtena.nces eonnected or attached to snch buildings .or structures. (b) The provisions of this code shall not be held to deprh.e any federal or slate agency, or any applicahle goyerning hody having jurisdiction, of any powcr or authority which it had on the effective date of this act or of any remedy then exbting for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by Jaw. ] 0l.4 - EXlSTI2'iG BUILDICliGS f,., (a) If, within any twelve (12) month period, alterations or rc- pairs eo sting in Cxcess of fifty (50) pen,ent of the then phy"ical yaJuc of the building are made to an existing building, such building shall he made to conform to the TC"quircmcnts of tJlis ('ode fur neW bllildings, also that for buildings located in fire dish-ids the pro- visions of Sections 302.1 and 302.2 shall apply, (b) If an existing building is damaged by fire or othcrwise in excess of fifty (50) percent of its then physical value be.fore such damage is repaired, it shall be made to conform to the requirements of this code for new buildings. (c) If the cost of such alterations or repairs within any twelve (12) month period or the amount of such damage as rcfcrred to in paragraph (b) is more than twcnty-five (25) but not more than fifty (50) percent of the then physical value of the building the portions 1-1 . /' ..--- . '\ . /. , , ..,,,/ . \ to be altered or repaired shall be made to conform to the require- ments of this code for ncw buildings to such extent as the Building Official may determine. (d) For the purpose of this section phys,cal value of the build- ing ,hall he determined by the Building Official. (e) If the occupancy of an existing building is entirely changed the building shall be made to conform to the requirements of this code for the new occnpancy. If the occupancy of only a portion of an existing building is changed and that portion is separated from the remainder as stipulated in Section 403, then only such portion need be made to conform. (f) Repairs and alterations, not covered by the preceding para- graphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the pro- ,..isions of this code or in such manner as ",rin not extend or increase an existing non-conformit)y or hazard, may be made with the same kind of materials as those of. which the building is constructed; but not more than twenty-five (25) percent of the roof covering of a build- ing shall be replaced in any period of twelve (12) months unless the entire roof covering is made to conform with the requiremcnts of this code for new buildings. ---- / ( . 101.5 - SPECIAL HISTORIC Bl'ILDI'\GS A'\D DISTRICTS The provisions of this code relating to the construction altera- tion, repair, enlargement, restoration, reloeation or moving buildings or struetures shall not be mandatory for existing buildings or struc- turcs identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the building official to be safe and in the public interest of health, safety and 'welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. The applicant must submit complete architectural and engineering plans and specifications bearing the seal of a regis- tered professional engineer or architect. 101.6 - 21IAI'\TENA'\CE All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All de\.ices or safeguards which are required by this code in a building whcn erected, altered, or repaired, shall be maintained in good work- ing onler. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. SECTION 102 - ORGANIZATION 102.1- BUlLDI'\G OFFICIAL (a) There is hereby established a department to be called the "Building Department," and the person in charge thereof shall be known as the Building Official. 1-2 . . ,.. . . . \\ . '" (b) The Building Official shall have had at least ten (10) years experience or equivalent, as an architect, engineer, building inspector, building contractor, or superintendent of building construction, or any combination of these for five (5) years of which he >hall have been in responsible charge of work. He shall be aPPointed by tile Chief Ap- pointing Authority of the applicable governing body. His appointment shall continue during good beha,ior and satisfactory serdce. He shall not be removed from office except for canse after full opportunity has been given him to be heard on specific charges before snch Chief Appointing Anthority. 102.2 -- I:\SPECTOflS The Building Official, with the appro"al of the Chief Appointing Authority, may appoint .such number of officers, inspectors, assistants, and other employees as shall he authorized from time to time. A penon shall not be appointed as inspector of construction who has not had at least five (5) years experience as a building inspector, builder, engineer, architect~ or as a superintendent, foreman or competent n1€chanic in charge of construct.ion. (- 102.3 - DEPUTY The Building Official may designate as his deputy an empJo~'ee in the department who shall, during the absence or disability of the Building Official exercise all the powers of the Building Official. 102.4 - RESTflICTIO:\S OX mlPLOYEES An officer or employee connected with the department, except one whose only connection is as a member of the hoard, established by this act, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, altel.ation, or maintenance of a building, or in the making of plans or of specifica- tions therefor, unless he is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his duties or with the interests of the department. 102.5 - RECORDS '., The Building Official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. SECTION 103 - POWERS AND DUTIES OF BUILDING OFFICIAL lO3.1-HlGHT OF E!\'TRY The Building Official shall enforce the Pl.ovisions of this code, and he, or his duly authorized representative, may enter any build- ing, structure, or premises to perform any duty imposed upon him by this code. 103.2 - STOP WORK ORDERS. Upon notice from the Building Official, work on any building or structure that is being done contrary to the provisions of this code 1-3 \ ./ \ /" / . .,-~". ,.-- /- ( . . '. /. . or in a rlangerous or unsafe manner, ~11al1 be immediately stopped. Such notice shall be in writing and shall be given to the o\vner of the property, or to his agent, or to the pC'r:5on dOlng the work, and shall state the conditions under which work may ue rcsumed. Where an ('mel"!;ency ('Xi::;t5, written notite shall not be l"C'quired to be giyen b,' the Building Official. ---- 103.3 - REYOC\TlO);" OF PEIDllTS The Rnilding Official rnay reyoke a permit or alJproyal, issued unner the pr(wi.sions of this act, in ca:;;e there ]135 heen any false statement or misrepresentation as to :l material or fact in the applica- tion or plans on which the permit or approyal was based. I 103A- C\S.\FE BULDl);"CS .-\11 buildings or structures which al'e unsafe-, unsanitary, or not })l'oddf"d ",jth aOC'fJuate (>gl'(,~S, or whkh {'ons-tit.ut€' a fire hazaTdJ or are otherwise dangerolls to human life, or ,\'hich in relation to existing n~e t'Ollstitnte a l1az:ud to s3fety or health by reason of in- aoequate rnaint(\nance, dilapid:1tion. ohsole.-;t'cnce, or alland0nment~ are seyerally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared il1ega] and shall be abated by repair and rehabilitation or by demolition in acconlan('c with t.he rro\"j~jons of the Stanrbrd Code for the Elimindion or Rt'pair of l'"n:;:ifc nuildings. . 103.5 _ REQUI{E~IE:\TS );"0'1' COYERED BY CODE I Any r~'lu'rpn)l"nt nCtT>S:lry for the slrength or stability of an I ('xj~ting 01" prDpO;::I.d l.milclillg vr ~tru(:ture, or for the saff'ty or health IOf the occupants tl"H'1"rof, not sJweific3.11y lo\"t'red by this ("ode, shall be dc,tennined by t11e I~llilc1ing OffidaL 103.6-ALTER);"ATE ?lIATERL\LS A);"D ALTER::\'ATE ?lrETHODS OF CO);"STRUCTJO::\, The proyisions of tJ1is code are not intended to preyent the use of any material, or method of construction not specifically prescribed by this coc1e, provided any such alternate l1as been approved and its use authorized by the Building Official. The Building Official shall :ljJprove any such alternate, proYided he finds that the proposed design is ~:1tisfadory and <,omplies with the pro\"jsions of C11apt.er XII, and that the material, method, or work offered is, for the pur- pose intended, at ]c.asl the e'luiv:llent of that prescrihed in the code in quality, ~tr~ngth, ('ff(.('.ti\"cnps5, fire-rcsi:;taTlce. dnral'lility, and safety. The Building- Official shall require that sufficient evidence or proof he submitted to suhstallt.iate any claim that Jnay be made regarding its use. If, in t.he opinion of the Building Offlcia], the evi- c1ence and proof are not sufficient to justify approval, the applicant may refer the entire matter to the Board of Adjustments and Ap- peals as stipulated in Section 111. 1-4 . . . \ \ /' . 103.7 - LL\BILITY Any officer or employee. or member of the Board of Anju,tments and AppealSl charged with the enforcernent of this code, acting for t11€ applicahle go\"€rning b{l(iy in the discharge of his duties, shall not thereby render hhT:::-.elf liahle personally, and ]18 is hereby rc1icycd from all p('>r~()nal li3bi1ity for any d~mnge that 111:1.Y accrue to pel'S'.1ns or property as a r('::,ult uf any act required or permitted in the dis- cnarge of his rluties. ~-\ny $uit brought against any offic~r or em- p]oyce because of slH.:h act performed hy hiIn in the Cl1f0]"cement of any ]Hm-i;;ion of this cone shall be defended by the Department of La". until the final termination of t11e prol"eedings. .---- 103.8 - REP01US The Bnilding Official shall annC1a]]y submit a report to the Chief Adminii'trator co,.cring the work of the department during the preceding year. He shall incorporate in said report a summary of the d~ci,ions of the Board of Adjnstments ann Appeals during said year. SECTION 104 - TESTS The Builciing Official may require te:;;t:;; or test rep(l]"ts ,.{s proof of compliance" Tests, if l"equired, are to be rnade at tbe expP:J1se of tbe owner, or his agent, by an approvp.d testing laboratory or other aIJprm"ed agency. Copies of sueh test reports or the re~ult.s of all ,,'ch tests ,hall be k~]Jt on file in the office of the Building Official. . SECTION 105 - APPLICATION FOR PERMIT 10~.1 - WHEX I(EQl'IllED (a) Any owner, authOl"ized agent, or contractor who desires to ('on:-;truct, enlarge, alter, repair, moye, demoEsh, or change the occu- palley. of a building or structure, or to er('ct, or C'onstnlct a sign of any description, or to install or alter fire-extinguishing apparatus, e]e\-ators, t::ngincs, or to install a t-:tE':Ull boiler, furnace, heater, Jncin- Bratof, or other heat Pl"odueing appa:nltus, or other appurtenances, the 3nstallution of which is l't'guJa1..ed by this code, or to cause any such work to be dune, shall first m:lke application to the Building Official and ohtain tIle ,.e(l\lir~d permit therefor. (b) A genel.al permit "hall carry \\"ith it the right to install in any building or sL"ueture, or part thereof, heating npp~r:ltus, \.~leYa- tors, sidewalk elt~\'ators, YO-lIlts, dmtes, ('031 110]f'5, lifts, c)':mcs, de-r- riel,;s, ste:1.rl1 }Jow(:1" boilers, SlP;U)l, oil, g;lS ~!r yapor ulgines, pr(lyjd.~d the S:-lme ~ll"C sho\\"n on the drawings and set forth in the spc:cifica- tions filed \dth the ~ljJplil'ati()n for the permit; but where these 3re not shown on the drawings and l'ove}"ed by the specifications sub- mitted with said :l}Jplieation, ~pecjal permits shall be required. '....:.\ (c) Ordinary minor repairs may be made with the appro\'al of th~ Building Official ".it.hout a permit; provided that such repairs shall not violate any of the provisions of this code. (d) See Section 501 for Temporary Structures. 1-5 . . . '. /" . 105.2 - FOR:I[ (a) Each application for a permit with the required fee, shall be filed with the Building Official, on a fonn furnished for that purpose, and shall contain a general description of the propos~d work and its location. The application shall be ,igned by the owner, or his au- thorized agent. (b) Each application for a permit shall indicate the proposed occupancy of all parts of the building and of tl,at portion of the site or lot, if any, not coyered by the building or ~tl'UdUre, and shall con- tain such other information as may be required by the Building Of- ficial. ---- - . 105.3 - DIU WI:'\GS A:'\D SPECIFlC\ TIO:'\S (a) When required by the Building Official, two (2) or more copi~s of specifications, and of drawings dra\yn to scale with Sllfficient clar- ity and detail to indicate the nature and character of the \york. shall accompany eyery application. Such dra,,"ings and specifications shall contain information1 in tl1e form of notes or otherwise, as to' the quaI- 'ity of materials, where quality is essential to' conformity with this code. Such information shall be specific. and this code shall not be cited as a whole 0'1' in part, nO'r shall the term "legall1 or its equiv- alent he used, as a substitute for specific information. (b) The Building Official may require details, computations, stress diagrams, and other data neccs:;.ary to describe the construction and baeis of calculations and they shall bear the ,ignature of the person responsible for the design. (c) All dl'uwings, specifications, and aCl'ompanying data sna11 bem. the name and address of the designer. In the ease of huildings or stl.ul"tures of Gl.OUp E-Educational, Group I-Institutional and Group A~Asscmbly Occupanr'y, and all buildings or structures thl"f'e (Sf stories or more in height or fi\'('-tnou~and (5000) squal'e feet in area, except one and two f:lmily rlwe11ings, such designer shall he an archi- tect or C'ngincel" ](.gally l'cgi~tel'erl under the laws of this state l"(~gu- lating the priH.:tic:e of an..hitedure 01' ('ngineering ~md s1".:111 affix his official ~E'al to said drawings, specifications and accomp::mying data. (d) Plans for all buildings shall indicate ho\\. required strndural and fire-resi~tive intf':grity will be maintained where a penetrat.ion of a requhed fire-resistive wall, floor or pal-titian will be made for elec- trkal, meehani("al, plumbing and communication conduits, pipes and systems and also indicate in sufficient detail how the fire int~grity will be lnaintainE'd wlwre required fire resistiye floors int('rsect the extE'rior walls. 105.4-l'LOT DL\GILB[ The Building Official shaH require drawings showing the location of the proposed building or structure and of eyery existing building or structure on the site or lot. He may also require a boundary line suryey. if necessary, prepared by a qualified surveyor. 1-6 . . . \ /" . ]0;;.5 - LBIITATJO:\' An application for a permit for any proposed work shall be deemed to haye been abandoned six (6) months after the date of filing, ~nle~s before then a perrnit shall 11aye been issued; proyirled t.hat, for cau~e, one or more E'~tensions of time for periods of not exceed- ir,g ninety (90) days each may be allowed by the Building Official. r-- . ]0;'.6-E'\A)II:\ATlO:'\ OF DRAWJ:\GS (a) TIle RuiJding Official s}1all exarnhle or cause to be examined each application for permit and the drawings and computations filed therewith and shall ascertain bv sueh examinations whether the construction incliC'ated and (lf~scril)ed is in accordance with the re- quirements of this code and all other pertinent laws or ordinances. (b) The Building Offidal may accept a sworn affida\.it from a rt':gistf'rr~d ~rthitect or engineer stating that the plans submitted con- form io the laws 28 to egress, type of construction and general :1TrangC'llH"nt and if ac('ompanied by dra\Yings showing the struct.ural dc.sign, and uy a statc.ment that the plans and design conform to the re'l'illU'mpnts (If this code as to strength, stresses, strains, loads and stahility, he> may without any examination or inspection aN'ept such affidavit. provicli-d the An.hitect or Engineer who m"de such affidayit agrees to suhmit to the Building Official, on the completion of the structure a <.'ertifit'ation that the structure l1as been erected in 2tcol"d- ante: "\\'ith the l'c>qnirements of this tude. \Vhere the Duilding Official r~Jjes upon :;\1('h affioayit, the architect or engineer shaH assUJne full ri:'~pon:-;ihility for the complianC'e with all proyisions of this CO(le and of her )lPr1ilH'nt laws or ordinances. 10;'.7 -- STln:ET LI:\ES A p"rmit shall not he giwn by the Building Official for the con- :::il"llc:ii(ln of any huilding, or for the alteration of any builrling where said hunding is to be ('hanged and such C'hange will affect the ex- terior walls, hays, balconies, or other :1]Jpendages or projections fronting on any ,treet, alley or public lane, or for the placing on any Jot or p},(~n1i.s8S of any lmilding or structure l'emoyed from anolJler lot or premises, unless the appli<-ant llas rnade application at the office of the Director of Public Works for the lines of the public street on which he proposes to 1mild, erect or locate said huilding; and it shan hp the ,Iuly of the Building Offici"l to see that the street lines are nol cnero:-l.chcd upon ill any lYlalll1~r whatsoever, except as pro\"jded for in eh,,]>te,. XX J I. SECTION 106 PERMITS 106.] - ..\CTIO::\ O:\' AI'PLICATJON (a) A person, firm or corporation shan not erect, construct, en- large, alter, J"('pair, move, improve, r(~moveJ ("anvert or demolish any huilding or structure in the applieahJe jurisdictionJ or ("3use the ~ame 1-7 . . .\ . to be done, without first obtaining .3 separate building permit for such building or structure from the Building Official. (b) I f the Building Official is sati"fied that the work described in an application for permit and the drawings filed therewith conform to the requirements of this code and other pertinent laws and ordi- nances, he shall issue a permit therefor to the applicant. (c) If the application for a permit and the dl"awings filed there- with describe work which does not conform to the requirements of this code or other pertinent laws o}. ordinances, the Building Official shall not i"sue a permit, but shall return the drawings to tlle appli- cant with his refusal to issue such permit. Such refusal shall, when requpsted, be in writing and shall contain the reasons therefor. . ]06.2 - CO:'\TRACTORS L1CE:'\SE ..\.:'\0 BO:\"O HEQUIREO It shall be the duty of everr contractor or builder, who shall make contracts for the ere<:tion Or construction or repair of buildings for wl,ich a permit is required, al1d every contractor or builder mak- ing such contracts and subletting the same, or any part thereof, to pay a license tax as pro\'ided in the general license ordinance, and to register his nall1e in a hook provided for that purpose, with the Building Official, gi"ing full 113me1 residence and place of business, and, ill case of remoyal from one place to another to ha'-e made cor- responding change in said register accordinglr; and it shall be the furtlwr duty of ever~' "uch person to give good and sufficient bond in a SUm prcst.ribed and as required by the administrath-e authority and approved by the nepaTtment of Law, eonditioned to conform to the huilding regulations, the regulations of this section, and other ordinances or Jaws of the applkable go\'eming body in rcference to buildings. 106.3 -- CO:'\DITlO:\"S OF THE l'Elnl1T The Building Official s],all act upon an application for a pCl"mit )\'ith plans as fj)ed~ or 35 amended, without unreasonable or unneces- sary delay. A permit issued shall be eon~trued to be a license to proceed with the work and shall not be construed as authority to vio- late, ("ance]J alter, or E=.et aside an)" of the provisions of this code, nor shall such issuance of a peTmit Ill'event tJ,e Building Official from thereafter requiring a COl"rerUon of errors in plans or in consh1Jction, or of violations of this code. Every permit issued shall become im'alid unlcss the work a uthorized b~. such permit is comme"nced within six (6) months :1fter its issuanee, or jf tJle work :lUthoriz(.d by such permit is suspendt.d or ahandoned for a period of six (6) months :lfkr the time the work is commented; provided, that, for cause, one or nlore extensions of time, for periods not ""eceding llinety (90) days each, may be allowed, and such e"tensions shall be in writing by the Duild- ing Official. 1-8 . . \ , /' \ ,../" ~. ( . . .\ . \ 106.4 - DRA WIXGS TO BE KEPT AT SITE When the Building Official issues a permit, he shall endorse, in writing, or ::::tamp, both sets of plans "Appro'"ed1:. One set of drawings so approyed shall be retained by the Building Official and the other set shall be returned to the applicant. The appl"Oyed drawings shall be kept at the site of work and shall be open to inspection by the Building Official or his :luthorized representati\"e. ]06.5 - PElnllTS ISSUED l;PO~ AFFID.\ YITS When eyer a permit is to be issued in reliance upon an affidayit as proYided in Section ]05.6 (b) or whenewr the 'york to be coyered by a perlnit in,"oh-es construction under conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Of- I ficial shall require that the architect or engineer who signed the af- fidayit or made the drawings or computations shall supenise such .. work, be responsible for its conformity with the appro'.ed drawings, I and forthwith upon its completion make and file with the Building Official written affidayit that the work has been done in conformity , with the appro'.ed plans and with the structural Ill.Oyisions of the i code. In the eyent such architect or engineer is not a,.ailahle, the ' owner ~hall employ in ]1is stead a competent person or ngency whose qualifications are approyed by the Building Official. . 106.6 - FOUXDATJO~ PER~IITS When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the Building Official may J at his discl'etion, issue a s}Jccial pennit for the foundations of such building. The holder of such a special permit shall proceed at his own risk and without assurance that a permit for the superstruc- ture will he granted. SECTION] 07 - FEES llJ7.1-- GEXERAL A 1','rl11it shall not be issued until the fees preserihed in this sec- tion shall have Leen paid. Nor shall an amendment to a permit be appro,.cd until the additional fee, jf any, due to an increase in the estimated eost of the building or structure, shall ll:lye heen paid. 107.2-FAILcnE TO OBTAIX A I'EJDIIT (a) If any person commences an)' ,york on a building or structure Lefore o1t:;ining the necessary permit from the applicable goyeming body, he shall Le subject to the penalty prescribed herein. (b) Where construction is commenced before a permit is obtained, the permit fees shall be doubled. I07.3-ACCCRATE RECORDS The Building Official shall keep a permanent and accurate ac- counting of all permit fees and other monies collected, the names 1-9 . c, /.\ J/ ..---. - ( . . \\ . of all persons upon whose account the same was paid, the date and amount thereof. 107.4 - SCH EDULE OF PER'IIT FEES On all huildings, structures or alterations requIrIng a building permit, as set forth in Section 105, a fee for each building permit shall be paid as required at the time of filing application, in accord- ance with the schedule as cstablished by the authority ha\'ing juris- diction. (See Appendix "K" for recommcnded fee schc-duJes.) 107.5 - BUILDIXG PER'lIT VALL\ TIOXS If, in the opinion of tl,e Building Official, the yaluation of build- ing, alteration, or structure appears to be underest~mated on the application, permit shall be denied, unless the applicant can show dctailed estimated cost to meet the appl"Oyal of the Building Official. Permit yaJnations shall inclucle total cost, Such as plumbing, electrical, mech:Jnical pql1ipment and other systems. SECTION 108 - INSPECTIONS . 108.1 - IXSI'ECTlOXS _ GEXERAL (a) Before issuing a permit the Building Official may cxamine Or cause to he examined allY building for which an application has been recein?d for permit to enlarge, alter, repair, move, demolish, or change the Occllpanc,' thereof. He shall inspect all buildings and stn1Ctures, frOlll time to time, during and upon completion of the work for 'whirh a permit v~.'as issued. He shall make a l"E"cord of €\'ery s\1ch examination and inspection 'md of all violations of this code. (b) When deemed necessary by the Building Official, 11e shall make an insp('ction of materials or asselJ1hlies at the point of lJ1anu- factllre or fabrication. He shall make a record of every such exami- nation and inspection and of all violations of this code. (c) The Bllilding Official may make, or cause to be made, the inspections required by this Section. He may acccpt reports of in- spectors of rccogniz~d insp~ction services provided that after investi- gation he is satj,fied as to their qualifications and ].eljability. A certificate ("ailed for b,. any pro\'ision of these J.equirements shall not he hased on such l'cports unless the same are in writing and certified by a rcsponsible officer of such service. 108,2-1:'\Sl'ECTJO:'\S HEQl1IRED (a) The Bttilding Official shall inspect or cause to lIe inspectcd at various interyals an construction or work for which a permit is required, and a final inSJlcction shall be made of cycry building or structure upon compl~tion, prior to the issuance of the Certificate of Occupancy, as required in Section 109. 1 - 10 . / ( \ , \, I j c " /' \ ! J (' . I'. \ . . . . \ \ /' \ /. (b) Work reqUIrIng a building permit .hall not be commenced until the permit holder or his agent .hall have posted the building pennit card in a conspicuous place on the front of the premises. The permit shall he protected from the weather and located in such posi- tion as to permit the Building Official to com'eniently make the rcquirc-d entries thereon. This permit earn shall he maintainen in such position by the p2l"mit holder until the Certficate of Occupancy has been issued by the Building Official. (c) The Building Official upon notification from the permit hold~r or his agent shall make the following inspections of buildings al1d such other inspections as lna)1 be necessary, and shall either approve tllat portio11 of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the Jaw: Foundation Inspection: To be made after trenches <ire exca- vated and forms erected, Frame Inspection: To be made after the roof, all framing, fire- blocking and bracing is in place and all pipes, chill1neys, and vents are complet.e. Final Inspection: To be made after the building is completed and ready for occupancy, (d) Work shall not be done on any part of a building or structure beyond the point indicated in each successive inspection without first obtaining the 'Hitten approval of the Building OfficiaL Such writ- ten approval shall he gi\"€n only after an inspection shall have been made of each successive step in the construction as indicated by each of the foregoing three inspections. (e) Rt'inforcing steel or structural frame work of any part of any building or structure shall not be covered or (.onceaJed in any man- ner whatsoever without first obtaining the appro,.al of the Building Official, the designing architect or engineer, (f) J n all buildings where plast~r is used for fire protection pur- poses, the permit holder or his agent. shall notify the Building Of- ficial after all lathing and hacking is in ph,.e, Plaster shall not be applied until the approval of the Building Official has been received (See Chapter X), ~- / i SECTION 109 - CERTIFICATE OF OCCUPANCY J09,1-WHEl'< REQUlRED A new building shall not be occupied or a e]1:mge be made in occupancy or the nat.me or t.he use of a building or part. of a building until after the Building Official shall have issued a certificate of occu- pancy therefor. 1-11 . . \ . 109_2 - COXTEXTS OF CERTIFICATE Upon completion of a bUilding hereafter erected in accordance with app,.oyed plans, and after the final inspection herein re;erred to, and upon application thel'efor, the Buil<lil1g Official shall iSi'lle a certjficate of occupancy stating the nature of the occupancy pen11it- ted, the numher of persons for cach floor ".hen limited by law, the allowahle load per square foot for each floor in accordance with the pJ"oyisions of this code. J09.3 - TE~JPOR.U:Y occupx"Cy ~-\ temporary eertifkate of occupancy may be i~s1..~ed for a por- tion or portions of a building .which may s:afely be occupied prior to final completion of the building_ J09.! - EXISTlXG BUlLDIXGS A cel-tificate of occnpancy for any existing building may be ob- tained by applying to the Building Official and suppl)-ing the in- formation and data necessary to detennine compliance with this code for the occupancy intended. Where necessary, in the opinion of the Building Official, 11\"0 (2) sets of detailed drawings, or a general inspection, or both, may be required. \Vhen, upon examination and inspection, it is found that the building conforms to the provisions of this code for such occ"upancy, a certificate of occupancy shall be issned. . SECTION 110 - POSTING flOOR LOADS 110.1 - FLOOR LOADS (a) An existing or new building shall not he occupied for any pur- pose which will ("ause the floors thereof to be loaded beyond their safe ("apacity. The Building Official may permit occupancy of a buiJding for mereantile, commercial, or industrial purposes, by a spe- dfic business, when he is s.:ltisfjed that Stich c~pacity \\"ill not thereby be exceedpd. (b) It shall be the ].esponsibility of the owner, ag~nt, p1"opri"tor or o<:<:upant of Group S - Storage and Group F _ Factory- Industrial occupancies, Or an:y occupancy where extcssive floor loading is likely to Ot'('U]', to ernpJoy a competent ;ir<:hitect or engineer in computing the ~afe load nlj1a<"ity. All ~uch ("omputations shall be a<:tompanied by ~m affida\'it from the architect or pngineer stating the ~afe allow- able floor load on (>~ch floor in }.Jounds per 'sllual'e foot uniformly dist1"ibutt'd; it shall thc].eupon be filed as a pcrmanent re('ord of the nuildi ng n{~]Jal'tm('nt. 1l0.2- SIGXS HEQUmED In c\"cr,Y huilding or p3rt of a building used for business storage, industrial or 1l3.z:ndous purposes, the safe floor loads, as .approved by the Building Offieial, shall be marked on plates of approved de- 1-12 . /" \ / .-./ ,------ ( . . \ , /. \ / . sign which shall be supplied and ~ecure]y affixed by the owner of the building in a conspicuou;; place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building. 110.3 - LO,\DS IX EXCESS OF POSTED C\PACITY The "".ner shall not place, or permit to he placed, on any floor of a huilding a gr(,:1ter ]oao tJ,an ihe safe load so determined 311d posted. ,.-- - (i SECTION III - BOARD OF ADJUSTMENTS AND APPEALS 111.1- .-\PPOI:\"DfE:\"T There is hel.eb,' e,tablisl1Cd a board to be called the Board of _\djustmclIts and Appeals, which sJlall consist of fi'-e (5) members. Such Board shaH he composed of one Architect, one General Con- trador or Ellgin(.er and three Members at large from the building industry. The said Boal.d shall be appointed by the Chief Appointing Authority. IIL2-TEIDI OF OFFICE Of the members first appointed two (2) shall be appointed for a term of one (1) year, b,.o (2) for a term of two (2) ,"ears, one (1) for a term of thl.ee (3) years, ami thereafter they shall be appointed for terms of four (4) years. Vacancies shall be filled for an unexpired term in tbe manner in ''llhich original appointments are required to he made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the Chief Appointing Authority, render any such member_liable to immediate removal frOln office. . 111.3 - QrOHFlI1 Three (~) mcmhers of the board shall constitute a quorum. In yarying the applie~tion of any proy;,ions of this code or in modifying an order of the Building Official, affirmative votes of the majority present, but 110t Jess than three (3) affirriw.tive votes shaIl be required. A board member sbaIl not act in a case in which he h~s a personal interest. 1]1.4 - I1ECORDS The Buil~ing Official shall act as Secretary of the Board of Ad- justments and Appeals and shall make a detailed record of all its proccedings, which shall set forth the reasons for its decisions, the vote of each member particilJating therein, the ahsence of a member, and any f3i]ure of a member to vote. 111.5 - I'fWCF.D G IlE The board ,1,all eslahlish rules and regulations for its own pro- cedure not inconsistent with the provisions of this code. The board shall meet at '."gular interyals, to be determined by the Chairman, 1-13 . . ~ . \. \ . or in any event, the board sJlall meet within ten (10) dars after notke of appeal has been received. SECTION 112 - APPEALS J 12.1 - 'IDlE LnlIT (a) Wheneyer the Building Official ,hall reject or refuse to app!'oye the mode or manner of conshl1ction p:::opo~ed t.o be followed. or materials to be nsed in the erection or alteration of a building or stJ-ucture, or when it is claimed that the provisions of this code do not apply, or that an equally good or more desirable form of con- struction can be empJo:yed in any specific case, or when it is c]aimed that the true intent and meaning of this code or any of the reguJa- tions thereunder ha\-e been misconstmed or wrongly interpreted, the owner of such building or structureJ or his duly authorj~ed agent, may appeal from the deeisiOl1 of the Building Official to the Board of Adjushl1ents and Appeals. Notice of appeal shall be in writing al1d filed within ninety (90) days after the deeision is rendered by the Building Official. A fee of ~JO.OO shall accompany such notice of appeal. (b) In case of a building or structure which, in the opinion of the Building Official, is unsafe or dangerous, the Building Official may. in his order~ limit the time for such appeal to a shorter period. AppeaJs hereunder shall be on forms provided by the Building Of- ficial. . SECTION 113 - DECISIONS Of THE BOARD Of ADJUSTMENTS AND APPEALS ]]3_1- VARIATIO:\S A:\'D 21fODIFICATIO:\'S (a) The Board of Adjustments and AppeaJs,\,-hen so appealed to and after a hearing, may ,.ary the application of any provision of this code to any particular case when1 in its opinion, the enforce- lllent thereof would do manifest injustice, and would be contrary to the spirit and purpose of this code or public int.ercst, or when, in its opinion the inteJ"pret~tion of the Building Official should be modi- fied or rncJ"sed. (b) A dpcision of the Board of Adjustments and Appeals to yary the appli<:ation of any proyision of this code or to moilify an ('rder of the Building Official shall 'pecify in what manner such yaria- tion or modification is lnade1 the I.'onditions upon "..-hicb it is blade and the rt::asons therefor. 113.2 -- DECISIO:\S (a) Eyery deci,ion of the Board of Adjustments and Appeals ,hall be final, subject, however, to such remedy as any aggrieved party might h:l\"e at Jawor in equity. It shall be in writing and 1- 14 . ( '. /' " ~ / \ - . . \ / . :3-'hall in<Ee3.te the yote 11pon the (keision. E\-ery ikcision shall be pr(nnptly filed in the offic.e of the Building Off5cial, Gnn sl:all be oiJen to Jluhlic in.:::pection; a certified <.:opy ~hall he ~ent by mail or othn-wise to the "11i'CJ];",t ~',d a eOl'Y ,)10]] he kept publicly posted in the (lffke of the D:Iilding Offid31 for b.;o weeks after filing. (b) The ne.;ad of .-\(lju:::tmeot.s imd Appeals ~halI, in c\-ery i~;lse, )'(';.,ch a r.,:-cisilJl1 "\'.-ithout llrd-l'~5ollahle or UllJ'i&CC5'Sary delay. (c) If a dH'i~ron of the Bo,,,rd of Acijustments and .~...Pl)cals l'cycr.ses or 11"Jo(l1f1C's a refu.;:?.], order, Or di;::~l1owancc of t11C Building Official: or \'3.ries the .-.:.pplkation of ::i1iY l)}"oyi:~ion of this cooe, the Building Offjcjal ~h~Jl immediately take ndj~"'n in al'~ol"dance with such deds~on. ,----- SECTION 114 - VIOLATIONS AND PENAlTIES . Any IJ(~r:-:'on, firm, corporation or agent ....;ho shall yiolate a pro- \.ision of tl1is coele, or fail to comply therewith, or \yith any of the n.~qiJirt']lJ('nts f.lH'!'C'of, or who shall erect, construct, alte.r, demolish 11f moyc any ::;trueture, or Jlas erected, construct.ed, altered, repaired, muyed or (kmolishcd a building or structure in violation of a oe- i:-dJ(~d sbfellJent or dravdng :;::llDn1itted 3.no approyerl thel"(-'under, shan 1)(. guilty of :l misdemeanor. E:1ch such persun ;;:hall be deC'TIled guilty f)f n ~cjJ:1rate offense for e:1ch ;;llld ev(>ry day or portion tnt:reof dur- ing which 2ny "iolation of any of the proyi:-;ions of tllis code is com- lllitted, or ('Ollti"ued amI upon conviction of any such yio1ation such ]wrE'on :-:,h:111 be lJilni.31H"-d within the limits and 2.S pro\Oioed hy State 1.:1.\\'s. SECTION 115 - VAUDITY If any s(.di(m, subo.section, sentence, dause or phrase of this OnEn:1nce :is for any rt'3Son held to be uncoDstitutional, such decision ,h~1l 1I0t affect the yaJi(lity of the remaining portions of this Code. 1- 15 . - . . ". . . \ \ \ /" CHAPTER 1- ADMINISTRATION SECTION 101 - TITLE AND SCOPE 101.1 - TITLE The provisions of the following chapters and sections shall con- stitute, be known and cited as "The Standard Plumbing Code." ,..--. 101.2-CODE RE~IEDIAL This code is hereby declared to be n.medial, and shall be construed to secure the beneficial interest and purposes thereof, which are health, sanitation, general public safety and welfare, by regulating installation and maintenance of all plum bing. 101.3 - SCOPE The provisions of this code shall apply to every plumbing imtal- lation, including alte1"ations, repairs, replacement, equipnlent, ap- pliances, fixtures, fittings and appurtenances thereto, and when connected to a water or sewerage system. 101.4 -l\!AI:'\TE:!\'ANCE All plumbing, both existing and new, and all parts thel.eof, shall be maintained in a safe and sanitary condition. All devices or safe- guanls which are required by this code shall be maintained in good working order. The owner, or his designated agent, shall be responsi- ble for the maintenance of plumbing. ]01.5 - PLU;\IBING I:'\STALLATJON OR MAINTENANCE BY HenlE OWl'iER Nothing in this code shall prevent a homeowner from installing or maintaining plumbing within his own property boundries, provid- ing such plumbing work is done by himself and is used exclusively by him 01' his family. Such privilege does not eonvey the right to violate any of the provisions of this eode, nor is it to be construed as exempt- ing any sUth property owner from obtaining a permit and l1aying the required fees therefor. SECTION 102 - ORGANIZATION ]02.1 - PLUMBING OFFICIAL There is hel.eby established a department to be called the Plumbing Inspection DepaJ-tment, whieh shall be in the charge of the official so legally designated by the local governing body. ]02.2 - INSPECTORS The Plumbing Official, with the approval of the Chief Appointing Authority of the governing body, may appoint such number of offi- cers, inspectors, assistants, and other emplo).rees as shall be authorized from time to time. No person shall be appointed as inspector of plumbing who has not had at lea,"t ten years' experience as a Plumb- 1-1 it;'1 # . . \ \ \ \ /" . ing Inspector, Journeyman Plumber, ~1ast.er Plumber, Engineer, or as a Superintendent, Foreman, or competent mechanic in charge of plumb- ing construction. 102.3 - RESTRICTION ON E:\lPLOYEES No officer or employee connected ,dth the Plumbing Inspection Department, except one whose only connection is as a member of the board, established by this Code, shall be financially interested in the furnishing of labor1 material, or appliances for the construction1 alteration, or maintenance of plumbing installations or in the making of plans or of specifications therefor, unless he is the owner of such building. No such offieer or employee shall engage in any work which is inconsistent ".ith his duties or with the interests of the Department. 102.4 - RECORDS The Plumbing Official shall keep, or cause to be kept, a record of the business of the Plum bing Inspection Department. The records of the Department shall be open to public inspection at all reasonable times. .--- - / ! . SECTION 103 - POWERS AND DUTIES OF PLUMBING OFFICIAL 103.1 - RIGHT OF EXTRY The Plumbing Official shall enforce the pro,.isions of this code and he or his duly authorized representath.e, may enter any building, structure, or pJ.emises to perform any duty imposed upon him by this code. ]03.2 - STOP WORK ORDERS Upon notice from the Plumbing Official that work on any plumb- ing installation is being done contrary to the proyjsions of this code or in a dangerous or un~ufe manner, such work f;hall be immerliately stopped. Such notice shall he in writing and shall be gi\"en to the owner of such property, or to his agent, or to the person doing the work, and shall state the (.onditions under which work may be re- sumed. Where any emergency exists, oral notice giyen by the Plumb- ing Official shall be sufficient. ]03.3-REVOCATIOX OF PEIDIITS The Plumbing Official may reyoke a permit or appro\"al, issued under the pro,.isions of this Code, in case there has been any false statement or misrepresentation as to the material fact in the appli- cation or plans on which the Jlermit or approya] was based. In all such cases permit fees shall not be refunded. 103.4 - UNSAFE INSTALLATIOXS All plumbing installations, regardless of type, which are unsani- tary or which constitute a hazard to human life, health or welfare are hereby declared illegal and shall be abated by l.epa,r and re- habilitation or by demolition in accordance with the procedure set forth in Section 103.4-VnRafe Buildings, of the Standard Building Code. 1-2 . . . \ \ \ . 103.5 - REQUIRE:\IENTS NOT COVERED BY CODE Any requirement necessary for the safety, strength or stability of an existing or proposed plumbing installation, or for the safety of the occupants of a building or structure, not specifically covered by this code, shall be determined by the Plumbing Official, subject to the Administrative Authority. 103.6-ALTER~ATE ;lIATERIALS Al'\D ALTER~ATE METHODS OF I~STALLATIONS Alternate plumbing materials and alternate methods of installa- tions shall be approved in accordance with Section 503 - Alternate Materials and lIlethods. 103.7 - LIABILITY Any officer or employee, or member of any BOal.d, charged with the enforcement of this code, acting for the local governing body in the discharge of his duties, shall not thereby render himself liable pel.sonally and he is hereby relieved from all personal liability for any damage that may occur to persons or pl.operty as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this code shall be de- fended by the Department of Law until the final termination of the proceedings. . 103.8 - REPORTS The Plum bing Official shall annually submit a report to the local governing body ('overing the work of the Plumbing Inspection De- partment during the preceding year. SECTION 104 - APPlICA.lION FOR PERMIT 104.1- WHEN REQUIRED No person, firm or corporation shall connect any plumbing work with any sewer, sanitary or storm, septic tank or sewage disposal system of any kind, or install fixtures or appliances in new or exist- ing systems, structures or premises, or repair, or add to any existing plumbing without first applying for and obtaining a separate plumb- ing permit therefor from the Plumbing Official. 104.2 - FORM Application for a permit >hall be made in per>on. The applicant >hall furnish information as may be required to complete the applica- tion form furnished by the Plumbing Official. 104.3 - DRA WINGS AND SPECIFICATIONS Whenever, in the opinion of the Plumbing Official, drawings and specifications are needed to show definitely the nature and character 1-3 . /- .' .------ / I ( , . . \ /" . of the work for which the application is made, the applicant shall furnish such drawings and specifications. Drawings and specifi- cations shall be drawn to scale and submitted in duplicate. If approved, one (1) set shall be returned to the applicant, marked approved, and one (l) set shall be retained and filed as a permanent record in the office of the Plumbing Official. The applicant's approved set shall remain at all times on the job. Such information or drawings and specifications shall be specific, and this code shall not be cited as a whole or in part, nor shall the term "legal" or its equh.alent be issued as a substitute for specific information. ----- / ( 104.4 - EXA31!XA TIOX OF DRA WI:'\GS The Plumbing Official shall examine or cause to be examined each application for a permit and the drawings and specifications which may be filed therewith, and shall ascertain b,' such examination whether the plumbing in,tallation indicated and described is in ac- cOl'dance with the requirements of this code and all other pertinent laws or ordinances. . SECTION 105 - PERMITS 105.1- ACTIOX OX APPLICATlOK (a) If the Plumbing Official is satisfied that the work described in an application for permit and the drawings and specifications which may be filed there\\.ith conform to the requirements of this code, and other pertinent laws and ordinances, he shall issue a permit therefor to the applicant. (b) If the application for permit and the drawings and specifica- tions which may be filed therewith describe \york which does not conform to the requirempnts of this code or other pertinent laws or ordinances, the Plumbing Official shall not issue a permit, but shall return the drawings to the applicant with his refusal to issue such a permit. Such refusal shall, when requested, be in writing and shall contain the reasons therefor. 105.2 - CONDITIO X OF THE PERmT The Plumbing Official shall act upon an aprl'cation for a permit with plans as filed, or as amended, without unreasonable or unneces- sary delay. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the pl.ovisions of this code, nor shall such issuance of a permit prevent the Plumbing Official from thereafter requiring correction of errors .in plans or in construc- tion, or of violations of this code. Any pel.mit issued shall become im"alid unless the work authorized bv it shall have been commenced within six months atter its issuanc';, or if the work authorized by such permit is suspended or aban,loned for a period of one year after the time the work is commenced; provided, that for cause, one or more extensions of time for periods not exceeding ninety days each, may be allowed in writing by the Plumbing Official. 1-4 . . . \ \ . SECTION 106 - FEES 106.1- GE:'\ERAL No permit shall be yalid until the fees prescribed in this section shall haye been paid; nor shall an amendment to a permit be approved until the additional fees, if required, shall have been paid. 1()6.2 - FA1LVRE TO OBTAIN A PER~[IT Any person who commences any work on a plumbing installation before obtaining the necessary permit from the City, shall be sub- ject to the penalty prescribed herein. 106.3 - SCHEDVLE OF PER~[IT FEES . (a) Permit Fees: For issuing each permit .. .......m.......m....m............................~1.00 In addition For each Plumbing Fixtu,.e, Floor Drain or Trap (including Water and Drainage Piping) u...m..m....... 1.00 For each House Sewer ...................m.........m...m..m......... 1.00 For each House Sewer having to be replaced or repaired ............m..m.mm............mm.m ...................... 1.00 For each Cesspool ......................mm...m....mmmmm..mm. 2.00 For each Septic Tank and Seepage Pit or Drainfield ...........m.....m..m.. .............................................. 2.00 For each Water Heater and/or Vent. .......mm............. 1.00 For each Gas Piping System of 1 to 4 outlets..........m 1.50 For each Gas outlet over 4, each outlet..................mm .50 For installation, alteration or repair of water piping and/or water treating equipment ............mm 1.00 For.r:pair or alteration of ?rainage or Vent Pipmg ...................................................m.............m.. 1.00 For Vacuum Breakers or backflow protective devices installed subsequent to the installa- tion of the piping or equipment served - One to Five ........ ........m...... ....mm....mm....................... 1.00 Oyer fiye, each .......m..m. .............m.m........mm........... .20 (b) Sew,'r Connection Fees: The Sewer connection fees shall be as are from time to time prescribed by the local governing body. (c) 'Vater Connection Fees: The Water connection fees shall be as are from time to time prescribed by the local governing body. 1-5 . /' .--- - / ( . . \ \ /" ! . (d) Point of Connection: Building sewers and \vater service pipes shall eonnect to the public sewer and water main at a point designated by the proper Administrative Authority. .----- / ( SECTION 107 - INSPECTIONS 107.1 - I:\"SPECTIOX REQlllRED All new plumbing \vork, and such portions of existing s~'stems as may be affected by new work or any changes, ,hall be inspected to insure compliance with all the ,.equirements of this code and to assure that the installation and construction of the plombing system is in accordance with approved plans. 107.2- XOTIFICATIOX (a) Advance Notice: It shall be the duty of the peI.mit holder to give reasonable advance notice to the Plumbing Official \vhen plumbing work is ready for test or inspection. (b) Permit Holder Responsibility: It shall be the duty of the permit holder to make sure that the work will stand the test pre- scribed before giving the above notice. (c) Retesting: If the Plumbing Official finds that the \vork will not pass the test, the permit holder shall be required to make neces. sary corrections and the work shall then he resuhmitted for inspec- tion. . 107.3 -MATERIAL AXD LABOR FOR TESTS The equiplnent, rnateriall power, and labor nece::;::;ary for the in- spection and test shall be furnished by the plumber. 107.4 - TEST OF DRAINAGE Al\D VENT SYSTE)[S All the piping of the plumbing system shall be tested with water or air. After the plumbing fixtures have been set and their traps filled with water, the entire drainage system sleal! be submitted to final tests. The Plumbing Official may require the removal of any clean outs, to ascertain if the prcssure has I.eached all parts of the system. 107.5-METHODS OF TESTING DRAI!\AGE AND VENT SYSTEClIS (a) .Water Test: The water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, aU open- ings in the piping shall be tightly closed, except the highest opening and the s,'stem filled with water to point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the 1-6 . . . \ \ /" . . highest openings of the section under test, and each section shaIl be filled with water, but no section shall be tested with less than a 10- foot head of water. In testing successive sections at least the upper 10 feet of the next preceding section shall be tested, so 'that no joint or pipe in the building (except the uppermost 10 feet of the s~'stem) shaIl have been submitted to a test of less than a 10-foot head of water. The water shall be kept in the system, or in the portion under test, for at least 15 minutes before inspection starts; the system shall then be tight at all points. (b) Air Test: The air test shall be made by attaching an air compressor or testing apparat.us to any suitable opening and after closing all other inlets and outlets to the so'stem, forcing air into the system until there is a uniform gauge pressure of 5 pounds per square inch or sufficient to balance a column of mercury 10 inches in height. This pressure shaIl be held without introduction of additional air for a period of at least 15 minutes. (c) Final Test The final test of the completed drainage and vent s)"Stem shaIl be visual and in sufficient detail to insure that the provisions of this Code have been complied with, provided, however, that, for cause, it may be required to subject the plumbing to either a smoke or peppermint test. Where the smoke test is preferred, it shall be made by filling all traps with water and then introducing into the entire system a pungent, thick smoke produced by one or more smoke ma- chines. When the smoke appears at stack openings on the roof, they shall be closed and a pressure equivalent to a 1-inch water column shall be built and maintained for 15 minutes before inspection starts. Where the peppermint test is preferred, 2-ounces of oil of pepper- mint shall be introduced for each line of stack. / .--- 107.6-TEST OF WATER SUPPLY SYSTEM Upon completion of a section or of the entire water supply sys- tem, it shall be tested and proved tight under a water pressure not less than 25 pounds above the working pressure under which it is to be used. The water used for tests shall be obtained from a potable source of supply. 107.7 - TEST OF BUILDING SEWER Tests shall consist of plugging the end of the building sewer at the point of connection with the public sewer, filling the building sewer with water and testing with not Jess than a 10-foot head of water, and maintaining such pressure until backfill is completed. 107.8 - TEST OF INTERIOR LEADERS OR DOWNSPOUTS Leaders or downspouts and branches within a building shaIl be tested by water or air in accordance with paragraph 107.5(a) or paragraph 107.5(b). 1-7 . . . \ . 107.9 - COVERING THE WORK (a) Prior to Test: The plumbing system or any part thereof shall not be covered until it has been inspected, tested and approved as prescribed in this section. (b) Uncovering of Work: If a plumbing system or any part thereof is coyerpd before being inspected, tested, and approved as prescribed in this chapter, it shall be uncovered upon the direction of the Plumbing Official. 107.10 - TEST OF DEFECTlVE PLU)!BING The drainage system of any building, where there is reason to believe that it has become defective, shall be Eubjected to test or inspection. SECTION 108 - CERTIFICATE OF APPROVAL 108.1- ROUGHIl'\G-IX Il'\SPECTIO!li Upon the satisfactoq completion of the ,.oughing-in impection, approval shall be so noted on the Plumbing Permit Card. This approval shall give the date of the roughing-in inspection and the initials of the inspector. . ]08.2 - FIXAL Il'\SPECTION Upon the satisfactOl.Y completion and final test of the plumbing system, a certificate of approval shall be issued by the Plumbing Official to the owner and the building shall not be occupied prior to completion of the work on said system and issuance of certification of approval. SECTION 109 - (RESERVED) SECTION 110 - EXCAVATIONS - PUBLIC SAFETY 110.1- EXCA VATIO:-:S IX STREETS (a) A permit shall be requirpd for each excavation in a public street or alley before the work is commenced. Work uncler such permit shall be commenced within forty-eight (48) hours, otherwise the permit shall become void. All permits shall be kept at the place of excavation while the work is being done and shall be ex- hibited on request by any person having an authority to examine the same. There shall be no more than one-half the width of any street or alley opened or obstructed at anyone time; tunneling shaIl not be allowed and no authorized underground construction shall be injured or interfered with. AIl portions of the street excavated shall be put in as good condition as before the excavation was 1-8 . /' .' ! ,--- , ' . . \ \ /. . made. The tl.ench or excavation shall be refiJied, thoroughly rammed and puddled within forty-eight (48) hours after making the con- nection or ,.epairs. When an excavation is made in any paved ~treet, where it is neCeSS31"Y to l'emo\"e pa'\"ing1 the person, firm or corpOl'ation to whom the permit was issued for such excavation shall leave a written notice with the Engineel.ing Department and said notice shall state that the excavation has been properly filled, tamped and is I"cady for repaYing. Vlheneyer any per.son, firm or corporation making an,' excavation in the street or alley fails to refill, in the proper manner, as required by this code, or fails to maintain the same for a period of one (1) year, then the local governing body shall cause the wo,.k to be done and the cost thereof shall be cha,.ged against the permit holder. (b) Where such excavations occu,. in a State or Fede,.al highway, permission shall be obtained from the State or Federal Highway Department before any work is commenced. ~- ;" / / ( . 110.2 - Pl'BLlC PROTECTION REQUIRDIENT (a) It is hereby required that for eYery excavation made on public property, proper safeguards shall be provided against injury to the public; harril-ades shall he pro\'ided, completely encircling all open excavations or trenches, at a distance of five feet therefrom. All harricades, as required by this code, shall have at least one (1) sign placed theT€On in a conspicuous manner, indicating the name of the person, firm 01' corporation causing such excavation. When ap]Jl'ovcd, steel plates of sufficient strength ma)' be used to cover cxcavation to prevent hlocking of streets. (b) From sunup to sundown there shall be placcd, at a distance of not less than one hundred (100) feet, sufficient numbers of red flags to warn the puhlic of dangerous excavation. From sunset to sunrise there shall be placed at a distance of not less than one hun- dred (100) feet, sufficient ,.ed lights \)r flambeaux to indicate the length of the excavation in the public tho,.oughfare and to warn the public of dange,.ous excavation. In addition to the above, the,.e shall be placed on 0,. by the banicades sufficient ,.ed lights or flambeaux to indicate the point of excavation and size. SECTION 111 - VIOLATIONS AND PENALTIES Any person, firm or corporation or agent who shall violate a p,.ovision of this code or fail to comply therewith or with any of the provisions thereof, or violate a detailed statement or plan submitted and appro\'ed thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a' separate offense for each and every day 0,. portion thereof during which any violation of any of the pro\'isions of this code is committed or continued, and upon conviction in the Court of Jurisdiction for any such violation such person shall be punished by a fine of not more than Two Hundred ($200.00) Dollars or imprisonment for a term of not more than thirty (30) days. 1-9 . . . . . . . e \ /" SECTION 112 - VALIDITY If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the nlidity of the remaining portion of this code. ------- I I \ 1-10 . I.. . . . ..0- , .~. SUBDIVISION ORDINANCE ~ TABLE OF CONTENTS ARTICLE I. GENERAL PROVISIONS. - ~. . SECTION ~1 SECTION _2 SECTION 3 SECTION .4 SECTION 5 SECTION '6 SECTION"? SECTION 8 SECTION : 9 SECTION 10. SECTION 11 SECTION 12 \ SECTION 13 -/... SHORT TITLE, JURISDICTION INTERPRETATIONS AND PURPOSE ADOPTION OF LEGISLATIVE GRANT Of POWER CONFORMANCE TO GENERAL PLAN ,.' ". RULES AND REGUALTIONS OF THE CITY PLANNING COMMISSION I APPEAL FROM PLANNING COMMISSION ACTION ENFORCEMENT SPECIAL PROVISIONS LEGAL PROVISIONS VARIANCE GUARANTEE ~fPERFORMANCE DEDICATION'AND MAINTENANCE OF STREETS . .' 2 2 2 2 2 3 3 3 3 5 5 6 7 .l.<:'? ). f ~p ARlICLE II. PROCEDURL! ; .~ 'v'< SECTION 14 P~~APPLICATION CONFERENCE SECTION 15 PRELIMINARY PLAT SECTION 16 FINAL PLAT 8 8 10 ARTICLE III~ DESIGN STANDARDS , SECTION 17 GENERAL DESIGN PRINCIPLES AND OBJECTIVES ,? SECTION 18 STREETS SECTION 19 ALLEYS SECTION 20 EASEMENTS SECTION 21 PEDESTRIAN CIRCULATION SECTION 22 BLOCKS SECTION 23 LOTS SECTION 24 PUBLIC SITES AND OPEN SPACES SECTION 25 PROTECTION OF NATURAL FEATURES 13 14 16 17 17 18 19 20 21 ~. --." --._-- -~_.._. .......--. . - i - ARTICLE IV. REQUIRED IMPROVEMENTS . SECTION 26 COMPLIANCE 21 SECTION 27 MONUMENTS 22 SECTION 28 STREET IMPROVEMENTS 22 SECTION 29 WATER SYSTEM 23 SECTION 30 SEWERAGE SYSTEMS 23 SECTION 31 DRAINAGE 24 ARTI CLE V. OTHER PROVISIONS SECTION 32 PENALTY FOR VIOLATION 24 -- SECTION 33 EMERGENCY CLAUSE 25 EXHIBIT "A" SPECIFICATIONS AND DESIGN STANDARDS FOR PUBLIC WORKS . IMPROVEMENTS 26 LABORATORY TESTING 39 .- EXHIBIT "B" ACKNOWLEDGEMENT AND CERTIFICATES 50 EXHIBIT "C" DEFINITIONS 53 ... -- _:.......... . -.ii - ~ . AN ORDINANCE W-s -/~ '- ADOPTING ARTICLES 974a AND 970a, REVISED CIVIL STATUTES OF TEXAS: REGULATING THE SUBDIVISION OF LAND WITHIN THE CORPORATE LIMITS AND WITHIN THE APPROPRIATE SURROUNDING LANDS; ESTABLISHING SUBDIVISION DESIGN STANDARDS; PROVIDING FOR IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER AND PRESCRIBING THE SPECIFI- CATIONS OF SUCH IMPROVEMENTS; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PLATS TO THE CITY PLANNING COMMISSION AND SETTING FORTH THE PROCEDURES TO BE FOLLOWED IN APPLYING THESE RULES, REGULATIONS AND STANDARDS IN ORDER TO EFFICIENTLY SUBDIVIDE THE LAND WHILE PRESERVING THE HEALTH AND INTEREST OF THE PUBLIC; PROVIDING FOR ENFORCEMENT; PROVIDING A SAVING CLAUSE; REPEALING ALL PREVIOUS SUBDIVISION ORDINANCES AND PROVIDING FOR INTERPRETATION OF CONFLICTING ORDINANCES; PROVIDING THE REQUIREMENTS FOR VARIANCES; PRQVIDING A PENALTY FOR VIOLATION; SETTING FORTH SPECIFICATIONS AND CHECKLISTS; AND DECLARING AN EMERGENCY. . WHEREAS; Articles 974a and 970a of the Revised Civil Statutes of Texas empower the City to enact subdivision rules and regulations and provide for its administration, enforcement, and amendment, and WHEREAS; the City has deemed it necessary to provide such rules and regulations for the purpose of efficiently subdiViding land white protecting the general:we.l fare__of _the community >-_and__. WHEREAS; the City Pl anni ng -Commi ss iOri;c empowered wi t;h- - ~.- - - --- the authority to formulate such rules and regulations by Articles 974a and 970a, and when the City Council, has favorabiy reGeived and voted on these rules, recommends to the City Council that this Ordinance be adopted, NOW THEREFORE, BE IT ORDAINED BY-rHE tI~Y COUNCIL OF THE CITY Of SCHERTZ, TEXAS AS FOLLOWS: _ __ ____________ . 1 ART! CLE I GENERAL PROVISIONS . Section 1 Short.Title. This Ordinance along with its attachments, exhibits, and amendments, shall be known as the "Subdivision Ordinance" of the City of Schertz, Texas. Jurisdiction. No person shall create a subdivision of land within the corporate limits of the City of Schertz, Texas, or within its extra-territorial jurisdiction, without complying with the provisions of the Ordinance. All plats and subdivisions of any such land shall conform to the rules and regulations herein set forth. Section 2 Section 3 Inter retation~ and. Pur ose. n t elr lnterpretatlon an application, the provisions of this Ordinance shall be deemed to be minimal in nature, and whenever the principles, standards or requirements of any other applicable provision of other ordinances of the City of Schertz which are higher or more restrictive, the latter shall control. The purpose of this Ordinance is to achieve orderly urban development through land subdivision; to promote and develop the utilization of land to assure the best possible community environment in accordance with the General Plan:: "of the City of Schertz; to provide for adequate municipal services and safe streets; and to protect and promote the health, safety and general welfare. . Section 4. Ado tion of le islative Grant of Power. This Ordlnance is adopte under the authority of the Constitution and laws of the State of Texas, including particularly Chapters 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore or hereafter amended (compiled as Article 974a, Vernon's Annotated Texas Civil Statutes) and the provisions of Section 4 of the Municipal Annexation Act as heretofore or hereafter amended (compiled as Article 970a VATCS). Section 5 Conformance to General Plan. No plat or subdivislon of land within the City of Schertz, and within its extraterritorial jurisdiction as determined by Article 974a, Vernon's Texas Civil Statutes, and Article 970a, Vernon's Texas Civil Statutes, may be approved unless the plat considers the General Plan of said City and its road, streets, alleys, easement, parks, playgrounds, and public utility facilities, including those which have been or may be laid out and to the General Plan for the extension of said City and of its roads, streets, alley, . 2 . easements and public highways as regards access to public utilities. Section 6 Section 7 A eal from Plannin Commission Action. Any subdivlder aggrieve by a finding or action of the City Planning Commission may appeal to the City Council . within thirty (30) days~from the date of such finding or action, and not thereafter. ~othing in this section shall prevent a right of review by a court of competent jurisdiction. . Section 8 Enforcement. In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Ordinance by injunction issued by a court of competent jurisdiction. Special Provisions. . a. That it shall be unlawful for the County Clerk of any county in which such land lies to receive or record any such plan,. plat or replat, unless and until the same shall have been approved by the City Planning Commission. (Article 974a, Section 3, Vernon's Texas Civil Statutes). b. No permit shall be issuedby==ehe-City for~the- installation of septic tanks on any lot in a subdivision for which a final plat has not been approved and filed for record, or on any lot in a subdivision in which the standards contained herein or referred to herein have not been complied with in full. c. No permit will be issued for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been compliled with in full. Section 9 . . 3 .. d. The City shall not repair, maintain, install or provide any streets or pUblic utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. e. The City shall not sell or supply any water or sewerage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. f. In behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the 'provisions of this ~dinance or the standards referred to herein with respect to any violation thereof which Occurs wi.thin the City, within the extraterritorial jurisdiction of ~he City as such juriSdiction as deter- mined under the Municipal Annexation Act, or within any area subject to all or a part of the provisions of this Ordinance. . g. If any subdivision exists for which a final plat has not been approved or in which the standard contained herein or referred to herein have not been complied with in full, the City Council shall pass a resolution reciting the fact of such noncompliance of failure to " secure final plat approval, and reciting the fact of such noncompliance or failure to secure final plat approval, and reciting the fact that the provisions of paragraphs a, b, c, d, and e of this Section will apply to the subd4vision- and- the-lots therein, the -ci-ty-- Sec-retary shall-.-=when directed by theC-ity Council, cause a certified -copy iif. such resolution under the corporate seal of the City to be filed in the Deed. Records of-the county or counties in which such subdivision oriPart thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the City Secretary shall forthwith file an instrument in the Deed Records of such county or counties stating the paragraphs a, b, c, d, and e no longer apply. h. Provided, however, that the provisions of this Section shall not be construed to prohibit the issuance of permits for any lots upon which a residence building exists and was in existence prior to passage of this . 4 . Subdivision Ordinance nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to passage of this Ordinance was by metes and bounds, and/or any sub- division, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of this Ordinance. Section 10 10.1 Legal Provisions. Conflicting Ordinances. Any prior subdivision ordinances, or amendments to them, are hereby repealed. If any other City Ordinance, including but not limited to, the Zoning Ordinance, Flood Hazard Ordinances, and the City Codes, are in conflict with this ordinance, the most stringent or restrictive rules shall govern. 10.2 Severabilit~ Clause. If any proVlsions of this.ordinance, or the application thereof to any person or circumstances, is held invalid, the remainder of the ordinance, and the application of such provision to other persons or circumstances, shall not be affected thereby. . Section 11 Variance. The City Planning Commission may authorize. a variance from the Subdivision Ordinance when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the City Planning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their finding~, theCitY.Planning Commission shall take into account ~he natur~of the pr~posed use of the land involved and existing uses of land in the vicinity, the number of persons who. will reside or work in the proposed subdivision, and the probable effect of such variances upon traf~j~ conditions and upon the public health, safety, convenience, and welfare in the vicinity. Variance shall be granted unless the City Planning Commission finds: 11.1 That there are special circumstances or conditons affecting the land .involved such that the strict application of this Ordinance would deprive the applicant of the reasonable use of his land. 5 . 11.2 . 11.3 Section 12 . 12.1 . ',0 .. . That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance. Such findings of the City Planning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the City Planning Commission meeting at which such variance is granted. Variances may be granted only when in harmony with' the general purpose and intent of the Ordinance so that the public health, safety, and welfare may be secured and justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute hardship. Guarantee'of Performance. No plat of any subdivision shall receive final approval .unless the subdivider has complied or provided for compliance with the policies and procedures set forth in Article IV and Exhibit "A", "Specifications and Design Standards for Public Works Improvements", which is attached hereto and made a part hereof. Until such POlicies and procedures have been complied with by the, subdivider and the plat approved by the City Planning Commission as herein require, no building, water, sewer, plumbing or electrical permit shall be issued by the City as to any property in the subdivision. Performance Bond. Prior.to the approval of the subdivision plat the subdivider must file with the City5ecretary a bond executed by a surety company holding a license to do business in the State of Texas in a amoun~ equal to the cost of improvements guaranteeing to the City that such improvements shall be constructed and completed in a satisfactory manner and within a period specified, but such period shall not exceed two years, said bond shall be approved by the City Attorney and shall be made payable to and enforceable by the City of Schertz. Upon substantial compliance and approval of all~mprovements as viewed by the City Engineer, the bond may be released in writing by the City Secretary and may be returned to the developer. See Section 16.3 Escrow clause and/or side trust agreements. 6 ,. 12.2 Where Bond riot Prerequisite to Approval. Ihe filing of a performance bond shall not be a condition precedent to the approval of a plat where the subdivider, prior to the last regular meeting of the City Planning Commission and before the expiration of thirty (30) days from the date the plat was filed for approval, has signed and filed with the City Planning Commission an instrument in SUbstantially the fOllowing form: I, , do hereby agree that, if the proposed plat , filed by me for approval on the day of , is approved by the City Planning Commisslon of the City of Schertz, Texas, the City Secretary of said City may retain said plat in his/her possession, without recording same, until I have either constructed all site improvements required under the provisions of the City of Schertz Subdivision Ordinance, other than gas and electric 'lines, or have filed with the City a bond in an amount equal to the cost. of all such incompleted improvements, as estimated by the City Engineer, guaranteeing that all such incompleted improvements will be constructed within two (2) years from the date of such bond. Said bond shall comply with the requirements of Sections 12.1 insofar as such requirements are applicable. Servin Subdivisions with Utilities. Un ess an untl' a p at 0 a su lvision has received final approval, and the subdivider has constructed the streets, curbs, gutters, paving, utilities and drainage facilities therein, in the manner-provided for in this ordinance, it shall be unlawful for any official of the City of Schertz to.serve or connect any public utilities owned, controlled, or distributed by the City of Schertz to any land, or any part thereof, covered by said plat, or to the owners or purchases of said land, or any part thereof. . 12.3 . Section 13 Dedication and Maintenan'ce-of "Streets. Disapproval of a plat by the City Planning Commission shall be deemed a refusal by the City of Schertz to accept the offered dedication shown thereon. Approval of a plat shall not be deemed an acceptance of the propose dedications and shall not impose any duty upon the City concerning the maintenanceof:or .improvements of any such dedicated parts until the proper authorities of the City have actually appropriated the same by entry, use or improvement. It shall be unlawful ~for any officer or employee of the City to maintain the streets in a subdivision, and the CitX will not accept or maintain said streets, unless and until such streets have been surfaced, curbed, the required utilities and drainage . 7 . facilities have been installed and such improvements have been accepted in writing by the City and the City Engineer. ART! CLE II PROCEDURE Section 14 Pre-application Conference. Prior to the preparation of the preliminary plat, the subdivider may seek the advice of the City Staff in interpreting the regulations. This step does not require formal application, fee, or filing of any plat with the City Secretary. At such a meeting the City Staff will be able to make any suggestions that would direct the proposed subdivision toward desirable objectives and possibly prevent unnecessary work and expense if objectives are not met. Section 15 15.1 Preliminary Plat. General. In order to secure the review and approval of a proposed subdivision by the City Planning Commission the prospective subdivider shall cause to be prepared a preliminary plat by a registered surveyor or registered engineer in accordance with this ordinance. . 15.2 Filing Procedure. Each prellminary plat shalJ be accompanied by a filing fee of fifty dollars ($50) plus an additional fee of ten dollars ($10) per acre, or fraction thereof, for the first five (5) acres, and two dollars ($2) per acre or fraction thereof for all additional acreage of the land being subdivided. 15.3 - - Overall Preliminary Layout Plat of Larger Tract or MasterPlan. ' Where the propos~d sUbdivi?ion constitutes a unit of a larger tract owned by the subdivider which he intends to be SUbsequently subdivided as additional units of the same subdivision, the subdivision plat shall be accompanied by a layout of the entire area, showing the tentative layout of streets, blocks, and dr~inage for 'such area. The overall layout, or Master Plan, if approved by the City. Planning Commission shall be __ a ttached to and filed _ with a cgpy .of the approved subdivision plat in the permanent files of the City. Thereafter, fractional plats..oLsubsequent units of such subdivision must be submitted for preliminary plat approval, and shall conform to such approved overall layout on the Master Plan unless changed by the City Planning Commission. . 8 15.4 Specifications. A preliminary plat of any proposed subdivision shall consist of not less than 10 blueline or blackline copies or prints of the proposed subdivision drawn on sheets a maximum size of 18" wide by 24" long and drawn to a scale of 100 feet to one inch. Preliminary plat shall show the following information: a. The date, scale, and north pOint; a key plan showing location of the tract; the title under which the plat is to be recorded, and the names of the owner and engineer, land planner, landscape architect, architect or surveyor or other person preparing the plat. b. The existing boundary lines and acreage of the land to be subdivided, and property lines, and names of owners of adjacent properties. t . . c. The location of the center line of existing water courses, railroad and other similar drainage and transportation features, and the location and sizes of existing streets, easements, alleys, lots and public areas on or adjoining any part of the land. d. Topographical information approximately equivalent to five. foot contour lines, such contour lines to be not than 100 horizontal feet apart, and based on United State Geological Survey datum, which shall be specified on the plat. e. The location, size, and flow line of all existing drainage structures on the land being subdivided and on adjoining tracts. f. The locations, widths, and dimensions of proposed streets, alleys, easements, parks, and other public spaces, sites for all private use, lot and block numbers, lot lines and building lines. g. The route of any existing or proposed utility lines, or easements. . h. Proposed name of the subdivision, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the City of . Schertz or within the City's statutory E.T.J.. i. Description, by metes and bounds, of the subdivision. j. Primary control points or descriptions, and ties to such control pOints to which all dimensions, angles, bearings, block numbers and similar data shall be referred. 9 . k. Location of City Limits boundary, and/or county line boundary if applicable; if they transverse the sub- division, from part of the boundary of the subdivision, or are contiguous to such boundary. 1. Vicinity sketch or map at a scale of not more than I" = 1,000'. 15.5 Processing of Preliminary Plat. The City Engineer and City Staff shall check the pre- liminary plat as to its conformity to the Major Street Plan, the General Plan, and this Ordinance. Copies of the plat shall be submitted to all agencies and City departments who are involved with providing public service, drainag~ or provisions affecting the development of the tract or public safety. These will include the following departments and agencies: Planning Department, Tax Assessor/Collector, Police, Street, Ambulance, Parks, Water, Sewer, Inspection, Fire, Engineering, Southwestern Bell Telephone, Entex, Guadalupe Valley Electric Cooperati or City Public Service, and Cibolo Creek Municipal Authority. Each agency shall be instructed regarding the filing date.of the plat and its review schedule," and will be asked to submit a report to the Planning Commission if they find any problems regarding their concerns or possible activity in the proposed subdivision. Each agency will submit a letter to the Planning Commission indicating approval of the preliminary plat, or they will list all problems and recommend solution of such problems in their report. - The Planning Commission shall act on any preliminary plat within thirty (30) days from the date that the Commission first. receives and reviews the plat. Approval of the preliminary plat, as such, shall not constitute final acceptance or approval of the subdivision. When a preliminary plat has been approved by the Commission, the final plat, shall be submitted within six months thereafter otherwise, approval of the preliminary plat shall terminate unless the time for filing of the plat is extended by the Planning Commission at the request of the subdivider. . Section 16 Final Plat. 16.1 Filing Procedures. Upon approval of the preliminary plat as herein set forth for final plat, the City Planning Commission may, on request of the subdivider, consider such preliminary plat as a final plat and-approve or disapprove the same as such, provided such action is taken within thirty (30) days from the date of its filing with the Commission at its first meeting after filing with the City Secretary. . 10 . If the preliminary plat is approved only as such, the fOllowing number of copies types will be provided, one final plat on linen or mylar, and two reproducable mylar copies and 20 blueline or blackline copies. These shall be delivered to the City Secretary who shall file it with the Planning Commission at its next regular meeting. Each plat shall be accompanied by tax certificates from the City, County Tax Collectors and School District verifying that all taxes on the land being subdivided have been paid up to the current year. 16.2 ~ecifications. T e final plat shall be drawn in black india ink upon film~ linen, tracing cloth or other permanent tracing material 18" wide and 24" long to a scale of 100 feet to one inch and shall show the following information: . a. Date, subdivision title, scale, and north point. b. The names of the adjoining subdivisions or the names; of the adjoining property owners, together with the respective plat or deed references. c. The lines and names of all proposed streets or other rights of way or easements (including a statement of the purpose for which such easements are dedicated), and. other open spaces to be dedicated for public use or granted for use of the inhabitants of the subdivision. d. Lot and block numbers of property. The City will advise the subdivider as to the street address--of lots. e. Sufficient data to readily determine and reproduce on the ground.the location, bearing and length of every street line, lot line, boundary line, block line, bUilding setback line, and the radius, central angle, and tangent distance for the property lines of curved streets. f. The routes of all utility lines, or easements-such as water and sewer, gas, electric, and telephone. g. The location of all permanent monuments and control points. h. Suitable primary control points to which all dimensions, bearings and similar data shal1be_referr.ed. Dimensions_ shall 'be shown in feet and hundredths of a foot: - i. Legal restrictive covenants imposed on the land if desired by the subdivider. . 11 16.3 j. A statement signed and aCknowledged by the owner dedicating, or agreeing to dedicate when the City can accept, all streets, alleys, easements, parks and other open spaces to pUblic use, or that the subdivider has made provision for perpetual maintenance thereof, to the inhabitants of the subdivision. (See Part .1 of Exhibit "B" in the appendix). k. The space for the signatures of the Chairman and Secretary of the City Planning Commission attesting approval of the plat (see Part 3 of the Exhibit "B" in the appendix). 1. A certificate bearing the signature and seal of the engineer or surveyor who made the survey certifying that tl requirements hereof have been complied with (see Part 4 of Exhibit "B" in the appendix). m. If the subdivision is not to be served immedi~tely by potable water, a restriction prohibiting occupancy of any lot until water satisfactory for human consumption is available from a Source on the land, a community source, or a public utility source, in adequate and sufficient supply for family. use and operation of a septic tank and system, shall be provided. n. If the subdivision is not to be served immediately by a sewage collecting system connected to a community septic tank or treatment plant or to a public sewer system, a restriction prohibiting occupancy of any lot, until a septic tank has been installed on such lot and has been inspected and approved by the City-County Health Officer, shall be provided.--- __u_ __~.~__ ._ Processing of Final Plat. a. The copies of the final -plat~will be delivered to the following for revi.ew-as.,.to~-any problems and for maintenance of records: City Manager,City Planning Department, City Engineer, Fire Department, Police Department, S.A.F.E.S. Department, and Tax Department. ____ b. Within thirty (30)daysfrom"the r-eceipt of any final plat. the City Planning Commission shall disapprove such plat unless the subdivider has complied with the required standards of design of this Ordinance and has constructed and installed.street, paving, curbs, gutters, utilities, and drainage facilities in the proposed subdivision in accor- dance with the provisions of Exhibit "A" of this Ordinance or has made provision, by making a cash corporate bond or aepositing money in escrow, each in an amount equal to the estimated cost of construction and installing the required improvements, that in the event of the failure of. subdivider to make such improvements, the same will be constructed and installed without cost to the City of Schertz. . . . 12 . c. When the City Planning Commission is satisfied that the technical requirements of any such subdivision plat have been complied with by the subdivider, the Planning Commission shall enter an order giving final approval of the plat, and will sign the certificate stating the same. 16.4 d. Failure to take action thereon within thirty (30) days from said filing date shall on demand be issued by the Planning Commission, and said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval. e. After a final plat has been approved, the Planning Commission shall cause such plat to be recorded in the Plat Records of Guadalupe, Comal or Bexar Counties respectively. Vacation of Plat. This subdivision ordinance authorizes that any such replat or resubdivision shall be vacated by the proprietors (at any time) before or after the sale of any lot therein. In cases where lots have been sold, the -replat or resubdivision, or any part thereof, may be vacated upon the formal request of owner or owners of lot or lots in said plat and with the approval of the City of Schertz Planning and Zoning Commission. Furthermore every Lot or Block which is vacated, or resubdivided, will be assigned a new Lot or Block number. The number assigned to any Lot or.Block must not duplicate any previous number within a blbck in which a replat or resubdivision is done. It shall be unlawful for the County Clerk of any county in which said land lies to receive or record any plat, vacating plat or replat prior to any approval by the Planning and Zoning Commission of said plat, vacating plat or replat. Furthermore, the plat, vacating plat, or replat shall conform to all requirements and specifications set forth by the City of Schertz Subdivision Ordinance. . ARTICLE II I DESIGN STANDARDS Section 17 General Design Principles and Objectives. Conformi ty with General. Pl an.. _ ~ll subdivislons shall conform to the General Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities, as well as the other provisions of this and other present ordinances and codes. 17.1 . 13 17.2 . 17 .3 Provision for Future Subdivision. The Subdivision shall be so arranged as to allow . logical further subdivision and the opening of future streets. 17.4 Standards for Site Improvements. All streets, alleys, sldewalks, utility installation and other site improvements required to be installed by the subdivider under-the provisions of these regulations shall conform to the requirements of this Section and to the current policies, specific~tions, and regulations of City of Schertz, or other approved agencies responsible for design, construction methods and standards, paYment, refunds, credits and other financial arrangements. Section 18 Streets. 18.1 Street Layout. The arrangement, extent, character, width, grade and location of all streets shall co.nform to the Major Street Plan and the General Plan. Minor residential streets shall provide adequate circulation within the neighborhood and. yet discourage through traffic. The street layout shall be arranged to achieve the most desirable development of the entire neighborhood unit with appropriate consideration of creeks, drainage _c~-~ channels, wooded areas and other topographical features which lend themselves to special treatment. . 18.2 Relation'to AdjOining Streets. - _ ______ Where. appropriate to the neighborhood pattern. existing streets .in adjOining areas shall be continued and tied into the street layout. 18.3 Projection of Streets. When adJoining areas are not yet subdivided~the arrangement of streets shall provide for the proper projection of streets into the adjOining unsubdivided areas as will be required to complete the neighborhood _ pattern or conform to the General Plan. . 14 18.4 . 18.5 l' .c.!-. . j. ,7>~ fA :;' 1- yJ- IS Iq,lP 18.$'1 . 18.-1' t 18.-8 1 18.-9 10 . Private Streets. Prlvate streets which serve more than one residential lot, or one or more multi-family structures owned by more than one person or corporation are expressly forbidden. All such streets shall be dedicated to the public in accordance with these regulations. All subdivisions shall have a minimum of two public accesses to eXisting public streets. Dead-end Streets and Cul-de-sacs. a. Dead-end streets shall be prohibited, except as short stubs projected to be continued in future subdivisions in conformance with Section 18.3, or when deSigned as cul-de-sacs. Temporary turnarounds shall be provided on projected streets until such time as they are extended. b. Cul-de-sac streets shall not exceed five hundred feet. (500') in length and shall have a turnaround of not less than fifty feet (50') in diameter in single family residential areas, seventy-five feet (75') in multi-family areas and not less than two hundred feet (200') in diameter in commercial and industrial areas. AHgnment. The alignment of all arterial and collector streets shall conform to the General Plan and the requirements of Exhibit "A" of these regulations. Minor street alignment shall meet the requirements of Exhibit "A" and in no case shall street jogs be offset less than one hundred twenty feet (120') on centerline. Intersections. All intersections on majar and collector streets shall be at ninety .degrees (90.). -.lhecurb'radius .at street intersections shall conform to Table I of Exhibit "A". Ri ht of Waand Pavement Widths. street an pavement Wl t s shall conform to the General Plan and the requirements of Exhibit "A" and Section 28 of this Ordinance. . . Street. Names. Names of new streets shall not duplicate the names of existing streets within the City of Schertz and its Statuary E.T.J. unless the new street is a continuation of or.part of a future continuation of such existing street. Street names shall be chosen to avoid similarity or confusion with existing street names. Names of all new streets shall be subject to approval by the Planning 15 . TO BE ADDED TO SECTION 18 18.6 Marginal Access Street. Where a subdivision (development) abuts or contains an existing or proposed arterial street, the Commission may require marginal access street, or such other treatment as may be necessary for adequate protection of resident- ial properties and to afford separation of through and local traffic. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Commission may require a street approximately parallel to and on.each side of such .right-of-way, at a distance suitable for the appropriate use of the inter- vening land, as for park purposes in residential districts, or for commerical or industrial purposes in appropriate districts. Such distances shall also be determined with the due regard for the requirements of approach grades and future grade separations. . . l5A . Commission, 'and be coordinated on an area wide basis. Street addresses should also be coordinated with present existing addresses. The City will advise the subdivider as to the street addresses. 18.10 Other Minimum Improvements. Additional improvements such as street lights and street name signs shall be installed in accordance with minimum requirements of Exhibit "A" and then current policies of the City Planning Commission. Construction Standards. All streets shall be constructed with reference to base, surfacing, curbs, grades, horizontal curves and inter- section curve radius in accordance with the standards prescribed in Exhibit "A" of these regulations and the current specifications of the City of Schertz. . Reserve Areas are Prohibited. There shall be no reserve areas controlling access to land dedicated or intended to be dedicated to public use. Temporary Right of Way. When deemed.necessary by the City Planning Commission, temporary right of way shall be provided for certain uses or locations, such as the provision of turn-arounds on projected streets. Such temporary right of way shall revert to the abutting property owners when no longer required for its original purpose. 18.11 18.12 18.13 . Section 19 Alleys. 19.1 Commercial and Industrial Districts. Paved alleys not less than twenty feet (20') wide shall be provided in all commercial or industrial districts, except that the Planning Commission may waive this requirement where other definite and assured provision is made for service access, such as off street loading, unloading and parking consistent with an adequate plan for the uses proposed. Garden-Home Zoning Districts. Where. Garden Home Districts are designated by the developer to require rear ingress/egress a twenty feet (20') paved alley shall be provided. 19.2 19.3 Intersections and Turns. Alley intersections and sharp changes in alignment shall be avoided, but where two alleys intersect, or an alleyo turns at an angle sharper than one hundred degrees (100 ), a cut-off of not less' than ten feet (10') from the normal intersection of the property lines shall be . 16 . 19.4 provided. Dead-end-Alleys. Dead-end alleys shall be avoided. 19.5 Construction. - All alleys shall be constructed in accordance with the standards prescribed in Exhibit "A" of these regulations. Limitations. Construction of alleys is limited to commercial and industrial districts and prohibited in residential areas except in Garden Home zoning districts. 19.6 Section 20 Easements. 20.1 Utility Easements. In residential areas, easements shall be provided for installation of utilities. In general, the rear ease- ment shall be sixteen feet wide, centered on the rear lot lines. Standard 'locatio.n for electric lines in easements will be on the north or west side of the easemen1 and an telephone lines in the south and east side of the easement. Any gas line will be located in the center of the easement. Any other requirements will be found in Exhibit "A". . 20.2 Drainage Easements. Where the subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right of way conforming substantially with the lines~f such water course, and of sufficient width and folJ-owing~o~struction_standards to accommodate further width-or constr-uction'ancLallow access for maintenance. 20.3 Erection of fences in Easements. Erection of fences in easements should be limited to gates or drop fences or any other type of fence that will not interfere with the access to utility lines nor restrict the movement of utility personnel or vehicles needed to service different utilities. Section 21 Pedestrian Circulation. 21.1 Sidewalks. Concrete sidewalks shall be provided on both sides of all streets in a subdivision, unless the subdivider does not control one side of a street or if the street is a local marginal access road parallel to a major street. Construc- tion of the sidewalks on each street is not necessary . 17 . until the construction of the first house begins on that street. However, to avoid undue costs and damage to sidewalks, the developer or builder may-construct the sidewalk on each lot as it is developed. In no case will a Certificate of Occupancy be issued 'for a bUilding until the required sidewalks have been constructed. The standards for construction shall be in accordance with Exhibit "A". '''"'' 21.2 Crosswalks. Pedestrian crosswalks (or elevated walkways) not less than ten feet (10') wide, with not less than four feet of paved surface shall be dedicated to the public in subdivisions where deemed necessary by the Planning Commission, to provide access to schoOls, playgrounds, Shopping centers and other neighborhoo4 facilities. Blocks. Section 22 22.1 General.. Layout: The lengths, widths, and shapes of blocks shall be determined with due regard to: - a. Provision of adequate building sites suitable to the special needs of the type of use contemplated. . b. Zoning requirements as to lot sizes and dimensions. c. Needs for convenient access, circulation, control and safety of street traffic. 22.2 Length. . . In general, block lengths along mino~or secondary. streets sha 11 riot exceed one thousand four hundred feet (1400 I lor be 1 ess thanfi ve hundred feet (500')' and along :"major streets-:-shaH:Dot-:-exceed""oneth6osandeight hundrea::feet (1800') or be less than nine hundred feet (900'). Width. In general, blocks shall be platted of sufficient width to contain two tiers of lots with alley (if commercial, industrial, or Garden Home dwelling zoning districts)' between them or utility easement if residential, except where lots are double-fronted on major streets, railroads, or drainage channels, or where overall neighborhood ,deSign justifies a different layout, or where a single tier of lots is platted to adjoin the rear of eXisting lots or lots on presently unplanned tracts. 22.3 . 18 Section 23 ~. General'Layout. The size, width, depth, shape and orientation of lots .shallbe appropriate for the neighborhood in which the subdivision is located and for the type of development and use contemplated, to assure provision of proper open space and prevent overcrowding. Lot Dimension. Lot dimensions shall conform to the Zoning Ordinance or the following requirements, if more restrictive: a. In residential lots not served by public or approved off-lot sewer, the Planning Commission shall require the Developer to cause a percolation test to be made, but in no case will the lot size be less than ten thousand square feet (10,000'). b. Residential lots where served by public or approved central sewerage system shall be at least fifty (50) feet wide at the bUilding setback line, at least one hundred (100) feet deep and have an area of at least five thousand (5000) square feet. c. Depth and width of properties laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. d. Corner lots shall have sufficient width to permit the required building setback and proper orientation to both streets.' Lot!)_C!butting on crosswalks sha 11 be . treated as corner lots~ _ -_ ____ ___ ~_ __ . 23.1 23.2 . e. Wpere a residential lot backs up toa railroad right of way, high pressure gas line, industrial area or any other land use which may have a_depreciating and/or potentially dangerous effect on residential property, and where no marginal access street or other street is provided at the rear of such lot, additional depth shall be required, not to exceed a total of one hundred fifty feet (150'). Where a lot sides to any of the above, appropriate additional ~idth shall be required~ A planting screen, or no-access easement of at least ten feet (10') shall be provided along the line of lots abutting such traffic artery or_other disadvantageous land use.~- _ . f. Radial residential lots shall be at least fifty feet (501) wide at the bUilding line. 19 23.3 Orientation. Residentlal lots shall be oriented to take advantage of topography, and the best relationship to the overall design of the neighborhood and to minimize the effects of any surrounding depreciating land uses. a. The placing of residential lots facing directly upon a major street shall be avoided, unless lots face a marginal access street parallel to such major street. Lots should side or back to major streets and other _depreciating land uses. b. The placing of lots at right angles to each other (with rear and side lots adjacent) shall be avoided. c. Side lot lines shall be as nearly perpendicular as practicable to the street the lot faces, or radial to curved street . 23.4 Access. Every lot shall be provided with adequate access to a public street, either by direct frontage on such street, or by a public pedestrian accessory approved by the Planni"ng Conunission. Rear and/or side driveway access to major streets shall be prohibited. Building Lines. Minimum front and side building setback lines at streets and crosswalks shall be shown on all plats and shall conform to the restrictions, if any, imposed on the subdivision by the subdivider. but in no event shall such setback lines be less than required by the Zoning Ordinance. The front lot setback shall be measured from the pOint where the public right of way ends to the front face to the building;-~vered porch, covered terrace or attached accessory building. e- 23.5 Section 24 Public Sites and Open Spaces. Conformance with the General Plan. _ Where a proposed park, school, playground, or other public faCility as shown in the General Plan or official neighbor- hood plan is located in whole orin part in a subdivision, the subdivider shall dedicate such land to public use, I or agree to dedicate it when the City can accept the dedication. If it is determined that an alternative in the inunediate area of the' up en space shown -on the -General Plan will adequately service the area, or if there are no plans or needs for parks, schools, or open space in the proposed subdivison, the subdivider shall, as an alter- native to dedication, give to a Park Fund established to maintain and equip the parks, an amount equal to 5% of 24.1 . 20 24.2 the market value of the land in the proposed subdivision. In this manner, all subdividers will help provide service to the residents of their subdivision and of the City. Other Public Land. Where deemed essential by the Planning Commission, upon consideration of the particualr type of development proposed in the subdivision, especially where there are no facilities in the area or in large scale subdivisions not shown in the General Plan, the City Planning Commission may require the dedication, or a payment in lieu of dedication, of up to 5% of the land or the market value of it for use of the land in developing parks schools, playgrounds, or other neighborhood public services. . 24.3 Conditions for Park Land. All park land must have easy access to a public street. Land in a flood plain is acceptable as park land. Section 25 Protection of Natural Features. The Planning Commiss'lon may decline approval if due regard is not shown fOf the preservation of natural features such as large trees, water courses, scenic points, historical spots and. similar community assets, which.if preserved, will add attractiveness, stability, and value to the property. . ARTICLE IV REQUIRED IMPROVEMENTS Section 26 Compliance. 26.1 l .__ Construction' Plans.-- --- -- Three (3) complete sets of construction plans, specifica~ tions and contracts including performance, payment and maintenance bonds covering said construction, in the form 0 plans, or other satisfactorily written descriptions shall be filed with the City Secretary upon filing of final plat. These shall show such features as roadways, crosssections, and longitudinal slope for drainage, full description of proposed pavement or street improvement, its grade and slope, dimensions and specifications concernin3 public utilities to be installed showing proposed position on the ground, specifications of materials and construction, and profile maps of all sanitary and storm sewers showing both ground surface and flow line, and other pertinent information of similar nature. . 21 26.2 Inspection of Improvements. The City's authorized representative shall from time to time inspect the construction of all utility facilities and streets in the subdivision during the Course of construction to see that the same comply with the standards governing the same. In this regard, free access to the subdivision shall be accorded the City's duly authorized representative by the subdivider, his agents and employees. Final 'Plans. < Upon .the completion of construction of any such utility or improvement. one. set of reproducabletracings of complete final plans, dated, signed, and certified by the engineer in charge shall be filed with the City of Schertz, showing all features as actually installed, inClUding materials, size, location, depth of elevation, numbers, ends of lines, connnections, wyes, valves, storm sewer drains, inlets, and any other pertinent items. The City of Schertz shall make no connections to such utilities until the foregoing has been complied with. . 26.3 Section 27 Monuments. Concrete monuments shall be placed at all block corners, angle points, points of curve, and all corners of boundary lines of the subdivision as required by Exhibit "A". All intermediate property corners shall be marked with iron stakes~ Placement, size, length, and type of monument shall conform to specifications of Exhibit "A". StreetIlTlprovements. All street improvements shall meet the current require- ments of the General Plan and the requirements of Exhibit "A" of these regulations, but in no case shall be less than the following specifications: . Section 28 Classification Row Pavement Dr.ainage . Sidewall Major Street 86' As required by General Plan, City Planning Commission and Highway Department. Secondary Street 60' 44' Curb or Curb & 4' both sides -butter Minor Street 50' 30' Curb or Curb & 4' both sides Gutter Marginal Access 40' 26' Curb or Curb & 4' both sides Gutter - Paved Alley 20' 20' As Required by No City Engineer . 22 Section 29 Water System. Genera 1. All water supply, treatment, storage, and distribution facilities shall be furnished and installed in compliance with the requirements of Exhibit "A" of these regulations, and current policies and the Texas State Department of Health Resources. Facilities Required. Every lot in a subdivision shall be provided with an approved supply of water, either by the construction of a distribution system, connected to an adequate approved public water system, or if such public source is not available, by construction of a complete water system, including a safe, adequate water source, proper treatment facilities, pumps, storage facilities and distribution system, approved by the Texas Department of Health Resources. . 29.1 29.2 29.3 . Fire'HYdrants. Hydrants to be properly located so there will be a fire hydrant every 300 feet in the mercantile and industrial areas, and every 600 feet in residential areas, so that every building in the city limits will be within 500 feet of a standard city fire hydrant. . Section 30 . Sewerage Systems. General. All facilities for the collection and disposal of sewage shall be furnished and installed in compliance with the requirements of Exhibit "A" of these regulations, the current policies and the Texas Department of Health Resources. 30.1 30.2 Sanitary Sewers. Sanitary sewers shall be installed to serve each lot in all subdivisons where connection is to be made immediately to a community disposal system or to a public sewerage system. Where such connection is not to be made immediately, plans shall be ,prepared for installation of a sewerage collecting system to serve each lot, and those parts of such system which will lie in the portion of streets and alleys intended for vehicular traffic shall be installed before such street or alley is paved. Septic "Tank. In all subdivisions planned for septic tank use the minimum lot area shall be fifteen thousand (15,000) square feet per single family dwelling. Septic tanks shall be installed on each lot concurrent with any development thereon and the deSign of such system 30.3 . 23 . and the method of installation shall conform in all respects to the requirements of the County Health Unit of Guadalupe County. The County Health Unit shall have the authority to vary the lot area requirement where satisfactory evidence is presented indicating that soil conditions are such as to warrant a modification. Section 31 Drainage. General. No lot in any subdivision which is subject to flooding by rainfall shall be approved until drainage facilities adequate to carry off such rainfall have been provided. Facilities Required. All necessary storm drainage facilities. including enclosed storm sewer, bridges, culverts, and water COurse improvements, to carry off storm water within the subdivision and integrate such subdivision drainage with the overall urban drainage system, shall be installed in accordance with Exhibit "A" of these regulations and official urban and county drainage plans. All subdivisions shall conform to the "Flood Disaster Protection Act" of 1973, Public Law 93-234, HR 8448 of the 93rd Congress and latest revisions thereof. The City is also required to comply with the applicable portions of HUD requirements of Title 24 - Housing and Housing Credit, setting requirements for review of bUilding permits and subdivision. Federal Flood plains are based on a hundred year frequency discharge, and apply only in those areas where official HUD-FIA 27 maps nave been prepared, or where Hundred Year water and surface profile studies are available for Schertz or its ETJ. 31.1 31.2 31.3 . ART! CLE V OTHER PROVISIONS Section 32 Penalty for Violation. Anyone vlolating any provision of this Ordinance within the corporate limits of Schertz, Texas, shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not to exceed $200.00. Each day that such vio- lation continues shall be deemed a separate offense and be punishable as such. Prosecution or conviction under this Section shall never be a bar to other remedies of relief for violations of this Ordinance. . 24 Section 33 Emergency Clause. This Ordinance, and all additional parts that may follow shall go into-effect upon passage and approval of the Council. The only exceptions to this Ordinance will be that developers with a plat already filed will not need to change that plat, but all future plats will be filed in accordance with this Ordinance. . 19 PASSES, APPROVED AND ADOPTED this the day of Mayor, City of Schertz, Texas ATTEST: 'City Secretary, City of Schertz (CITY SEAL) . . 25 . EXHIBIT "A" SPECIFICATIONS 'AND DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS . All urban subdivisions shall comply with the specifications and design standards as hereinafter outlined. Suburban subdivisions shall comply with the specifications and standards with the exception of such items as sidewalks, curbs and gutters, etc., which are not required in rural subdivisions. When such items which are not required are nevertheless installed by the subdivider these specifications shall apply. A. Two copies of plans and profiles for streets, alleys, sidewalks, . . " .. -. . - ,. . water, sewage, and drainage easements including the following information shall be usubmitted with each final plat. B. Streets, Alleys, and Sidewalks 1. Pl ans (a) Typical sections showing the proposed pavement width, type, thickness and crown; the proposed curb or curb and gutter type as required, location in relation to centerline and exposure; the proposed sidewalk dimensions and location in relation to curbs and property lines; the proposed street grading slopes, for each of the different types of streets and alleys in the subdivision. (b) Alignment of each street, alley sidewalk and crosswalk-way showing a beginning and ending station; each deflection angle of the centerline and the station of the point of intersection; the station of the pOint of curvature and the point of tangency of each G.u!'ve; 1;~~~station and alJ.gle of intersectionof each intersection with another street, alley or drainage easement; the station and radius of each curb return; the location of adjacent right-of-way lines; the location and limits of side- walks and curbs of each street; the location of monuments. (c) Location, description, and elevation of bench marks, the top of curb grade at each curb end, each fifty (50) foot station . 26 . and each end of each curb return; the centerline grade at each end and at each fifty (50) foot station of alleys; the gradient of each tangent grade and the location and length of each vertical curve; the direction of storm drainage flow at each intersection; the profiles of streets, alleys, and drainage ditches shall show the natural ground at adjacent property lines and the proposed centerline. (d) Scale, north arrow and date. Plan and profile shall be drawn to scale of one inch (1 "l' equals -fifty '(5(>) feet horizontally and one (111) inch equals five (5) feet vertically. 2. Design Standards (a) At each street intersection the curb shall be rounded with a curve of radius "R", varying with the interior angle as specified in Table 1. (Not required in rural subdivisions.) (b) At each intersection the property lines at each block corner shall be rounded with a curve on radius "R", varying with the interior angle as specified in Table 1. (c) Street and alley grades shall, in general, conform to the terrain, and shall not exceed the grades specified in Table 2. No street or alley grade shall be less than three-tenths (0.3) of one (1) 'percent (0.003) unless otherwise specified by the City Engineer: (d) Horizontal curve radii shall not be less than ~hose specified in Table 2. 3. ' Construction Requirements The subdivider shall ~xcavate~ fill and grade all alleys and new streets including'sidewalk areas where required, within the sub- division so that pavements and sidewalks may be constructed along lines and grades approved by the City Engineer. In general, the grades of sidewalk areas shall be so established that no extreme or abrupt changes in grade are encountered within blocks, but variations may be allowed where, because of soil conditions, . 27 . . topography, or valuable trees, the establishment of such grades would result in undue hardship. New streets and alleys shall be surfaced in accordance with plans and specificiations approved by. the City Engineer and constructed under his supervision. No street shall be surfaced until the underground utilities which are to be installed in the portions of the streets intended for vehicular traffic, have been installed. New streets (including previously dedicated right-of-ways) and eXisting unpaved streets abutting both sides to a new subdivision or resubdivision shall be constructed in accordance with the stand- ards of Table 3 and the following requirements. (a") Sub-Grade Preparation Subgrade shall be prepared in accordance with the specifica- tions of the City, and compacted to a Proctor dry density of not less than ninety percent (90%). When fill is required it shall be placed in uniform lifts not to exceed six (6) inches in depth prior to compaction with pneumatic rollers or eight (8) inches prior to compaction with other types of rollers. Each lift shall-becompacted to ninety (90) percent Proctor denSity before succeeding lifts are placed, (AASHO T-99-57) Method D. (b) Flexible Base When asphaltic pavement surfaces are used, the base shall be a compacted flexible base constructed to the depth shown in Table 3, with a Proctor density of not less than ninety-five (95) 1'ercent;;~____ _. -- , _ (c) Stabil tzed Base As alternate to the flexible base above, a compacted soil- cement base with a Proctor density of ninety-five (95) percent may be used, with soil-cement ratio and thickness to be approved by the City Engineer. (d) Asphaltic Pavement The compacted surface Course shall be applied at the rates . . 28 . specified in Table 3. The paving mixture and construction methods shall conform to the specifications of the 1972 Texas Highway Standards Specifications for construction of Highways, Streets and Bridges, item 340, 350, and 330 for Hot Mix, Hot Laid Asphaltic Concrete, Hot Mix Cold Laid Asphaltic Concrete, or Cold Mix Limestone Rock Asphalt. (e) Concrete Pavement All concrete pavement shall be Portland Cement concrete of a depth and compressive strength specified in Table 3 and con- structed in accordance with the specifications of the City. Reinforcing steel. shall be 6 x 6 wire mesh or number 3 round steel eighteen (18) inches on centers both ways. (f) CUrbs, Curb and Gutters . Combined curb and gutter sections shall be constructed of Portland Cement Concrete and .installed in accordance with the specifications of the City, on all streets within the :subdivision along the lines and grades approved by the City. Combined curb and gutter shall be provided on both sides of all streets and be of L-type City of Schertz Standard, with a minimum height six (6) inches and that driveways be designed as a "lay-d~nlLcurb and gutter or a straight driveway section and that the driveWay width in the curb shall not be greater than is approved by the City of Schertz. (g) Sidewalks Concrete sidewalks having a width of not less than four (4) feet -and thit:lmess of....noLless than fou~ (4) inches shall be constructed on each side of each street within the subdivision. Said sidewalks shall be adjacent to the curb and gutter within the street right-of-way and shall extend along all street frontage inclu~ing t~e side of corner lots and block ends; provided, however, that where it is impractical for the subdivider to provide such sidewalks on the side lot lines abutting major thoroughfares or drainage ditches, then in those instances sidewalks shall not be requi red. . . 29 . (h) Street Markers Two street name signs having the following specifications shall be erected at all street intersections in such subdivisions for street markers: (1) The street name signs shall be of the crossarm type, and shall be reflectorized on aluminum metal blanks. (2) Signs shall have lettering for the respective street name in 4" minimum height standard letters with the block numbers and street, drive, place and etc., in 2" minimum ~eight standard letters. (3) Such signs shall be supported on a 10-1/2 foot long pipe mounted a minimum of 2 feet in the ground. Distance from the bottom and top of the street name sign to the ground surface shall be a minimum of 8 feet and a maximum of. 10 feet respectively. (4) The pipe Support for the street name sign shall be 2" hot dip galvanized steel pipe. (5) The material of the street name signs, the method of attaching the sign to the post, the details of lettering, painting, and method of installation, as well as the location of the sign at the intersection shall be in accordgnce with the specifications on file in the office of the Traffic Engineer of the City of Schertz. (i) Street Lights Street lights innew~ubdivisions with:in the City limits and the annexed areas of the City shall be installed from time to time pursuant to agreement between the City of Schertz and the Guadalupe Valley Electric Cooperative. C. Drainage and Drainage Structures 1. Pl ans The required plans Shall show the following information: (a) Construction details of all drainage structures including dimensions, reinforcing, and components such as grates and manhole covers. . . 30 . (b) Alignment of drainage easements showing a beginning and ending station; each deflection angle of the centerline, and the station of the point of intersection; the station of the point of curvature and the pOint of tangency of each curve, the station and angle of intersection of each intersection with another drainage easement, the location of each drainage structure, and the location and size of all storm sewers. (c) The centerline grade at each end and at each fifty foot station of drainage ditches, the directi9n of storm drainage flow at each intersection, the flow line elevations of each drainage structure, the flow line elevation of each storm sewer, at each point of change, each end, and at the intervening gradients. 2. Drainage Computations (a) Run-off rates shall be computed as determined by the City , " Engi neer. In all cases run-off rates shall be computed on the basis of ultimate development of the entire watershed contri- buting run-off water to the'proposed subdivision, on the basis of concrete-lined channels"and streets carrying storm water in the contributing area. (b) Stre'ets may be used to carry storm water if the calculated flow does not exceed that required by the City, or the velocity does not exceed ten (10) feet per second. Minor streets shall be designed ona five (5) year frequency. Where streets are not capable of meeting the above requirements, drainage structuressfia'll-be provided. Street widths shall not be widened beyond width determined by street classification. (c) Concrete and earth-lined channels and storm sewers shall be designed on the basis of a twenty-five (25) year frequency. (d) Alleys shall be designed on the basis of a five (5) year frequency to carry-storm water from only the lots within the bloc~ abutting the alleys. . . 31 . 3. Construction Standards . (a) All drainage structures shall be constructed in accordance with the plans and specifications and to the lines and grades approved by the City. (b) All concrete used in drainage structures shall develop a compressive strength of three thousand (3,000) p.s.i. in twenty-eight (28) days. All castings shall conform to the Standard Specifications for Gray Iron Castings, A.S.T.M. Designation A-48 for Class 2 Gray Cast Iron. (c) Drainage Ditches. In concrete lined ditches the lining shall extend one foot beyond the height of the design flow line. Between the top of the lining and the top of the ditch an earth sodded side slope not steeper than two (2) horizontal to one (1) vertical may be used. Vertical concrete walls shall not exceed two. (2) feet in height unless properly fenced or enclosed. Earth sodded channels shall be mulch sodded over the entire surface area of the channel, and the side slope shall not be steeper' than three (3) horizontal to one (1) vertical. D. Sanitary Sewers 1. All gravity sewers shall be vitrified clay sewer pipe conforming to A.S.T.M. standards, and installed in conformance with the specifica- tions of the City Engineer. 2. The minimum size of sewer mains in residential areas shall be eight (8) inches in diameter. Minimum grades shall be sufficient to produce a velocity of two (2) feet per second. 3. All outfall mains shall be of sufficient size to accommodate the maximum anticipated flow from the entire area tributary to the line, as' approved by the City. 4. Lift stations shall be furnished where necessary, of such size and design as determined by the City. . . 32 . E. Water Mains 1. Design Specifications The water distribution system design shall include the minimum requirements of the Texas State Fire Insurance Commission for residential, mercantile and industrial areas in addition to the requirements for peak hour customer demand, as determined by the Water Superintendent. 2. Supply Mains Supply mains in the distribution system shall be looped and have. a minimum size of twelve (12") inches inside diameter and shall not exceed 6,000 feet in length between cross connecting mains. 3. Mercantile and Industrial Mains Mains in all mercantile areas shall be looped between supply mains and shall have a minimum size of eigth (8") inches inside diameter and shall be the shortest of the two fOllowing lengths: 3,000 feet or a length that would by fluid friction render the line incapable of producing flows and pressures set out herein for the type of area to be served and with pressures and flows' that exist at the supply main's connections as determined by the Water Division Superintendent. Mains in principal mercantile and industrial areas shall be installed in dedicated streetsa.nd sized so that the minimum .fire flow from any single fire hydrant will be not less than-, 3;000 gallons per minutes with 20 psi residual pressure. Mains in 1 ight mercantile areas shall be loca-ted in streets or .fire lanes and shall be sized-so that the minimum fire flow from any single hydrant will be not less than 1,500 gpm with 20 psi residual pressure. 4. Residential.Mains Mains in residential areas shall be looped between mains of eight (8") inches or larger inside diameter and shall have a minimum size of six (6") inches inside diameter and shall be the shortest . . 33 . of the two following lengths: 3,000 feet, or a length that would by fluid friction render the line incapable of producing the flows and pressures set out herein for the type of area served and with the pressures and flows that exist at the supply main's connections and as determined by the Water Division Superintendent. bomestic mains shall be installed in dedicated street right-of-way and sized so that the minimum fire flow at any single fire hydrant win be not less than 750 gpm with 20 psi residual pressure and a domestic use of 2 gpm for every lot in the subdivision. 5. Domestic Lines Domestic service lines in residential areas shall be looped between mains on through streets and dead-ended in streets terminated with a cul-de-sac and shall have a minimum size of six (6") inches inside diameter. Domestic lines shall be located in dedicated streets between curb and sidewalk. 6. Short Extensions Short extensions or service lines ending in dead-ends may be of minimum two (2") inch inside diameter cement lined cast iron pipe or two (2") inch type "K" soft copper, provided that the number to taps does not exceed three. 7. Valve Location The distribution system in mercantile and industrial areas shall be equipped with sufficient number ofva~ves and so located that no case of accident, breakage or repair to the water distribution system mains will necessitate shutting from service a length of water main greater than one side of a single block or a maximum of 500 feet.' The distribution system in residential areas shall be equipped with a sufficient number of valves and so located that no case of accident, breakage or repair to the water distribution system mains will necessitate shutting from service a length of water main greater than two sides of a single block or a maximum of 600 feet. . . 34 . 8. Fire Hydrant Spacing All extensions or additions to the City of Schertz water distribution system within the city limits and for a distance of five (5) miles thereof must meet the requirements as set forth in current Key Rate Schedule as promulgated by the Texas State Board of Insurance for the installation of fire hydrants. Hydrants shall be located so that there will be a fire hydrant every 600 feet average distance as measured along dedicated streets in residential areas, including dedicated easements and fire lanes in mobile home parks and travel trailer parks. Every building in the city limits and for a distance of five miles thereof shall be within 500 feet of a standard city fire hydrant. Hydrants shall be located so that there will be a standard city fire hydrant every 300 feet average as measured along dedicated streets in all mercantile areas. I Fire hydrants within light mercantile areas continaing apartments and apartment houses shall be located in dedicated streets or fire lanes behind curbs and be spaced not more than 300 feet hose lay from any bUilding within the dis~rict, each distance to be measured down any standard fire hose laid from the fire hydrant to the building. All fire hydrants shall have a six foot clear horizontal radius of 3600 around the fire hydrant free from obstructions and shall be located on street corners or side property lines so as to be readily accessible at all times. . . 35 . Interior Angle In Degrees 150-145 145-140 140-135 135-85 85-75 75-65 65-55 55-45 45-0 . Int~rior Angle In Degrees 150-145 145-140 140-135 135-125 125-85 85-75 75-65 65-55 55-45 45-0 . Intersection of Local or Co 11 ec- tor Streets -R- 15 15 15 15 20 25 30 35 35 TABLE 1 CURB RETURNS Intersection of Collec- tor or Local Street and Major Street INTERSECTION RETURNS Intersection of Local or Co 11 ector Street 12 12 12 12 15 20 30 40 50 75 36 -R- 25 25 25 25 30 35 40 45 45 Intersecti on of Major Street{s) 15 18 20 25 25 40 70 80 100 140 &-- Intersection of Major Street -R- 25 28 30 35 50 80 90 110 150 :. TABLE 2 STREET & ALLEY GRADES Street or Alley Type Expressway ~1ajor Secondary Local Marginal Access Alley HORIZONTAL CURVE RADII . Street Type Expressway Major Secondary Local Marginal Access . 37 4 Per Cent Grade (Designated by State Highway Department) 6% 6% 10% 10% 10% Center Line Radius (Designated by State Highway Department) 1200' 700' 100' 100' TABLE 3 . STREET BASE AND SURFACE STANDARDS - URBAN SUBDIVISION Street Classification Base Surface Major Thorofare 12" Flexible Asphalt, Hot Mix, Hot Laid, 220 lbs. per square yard. 6" Reinforced Concrete . 3500 P.s.i., with 6 x 6 mesh or equivalent #3 steel Secondary Thorofare 10" Flexible Asphalt, Hot Mix, Hot . Laid, 190 lbs. per square yard. Minor or Frontage Street 6" Reinforced Concrete 3500 P.s.i., with 6 x 6 mesh or equivalent #3 steel. 8" Flexible Asphalt, Hot Mix, Hot Laid, or Hot Mix Cold Laid, 165 lbs. per square yard. . Commercial Alley 6" unreinforced Concrete 3500 p. s. i. Residential Alley 6" Unreinforced Concrete 3500 P. s. i. NOTE: 5" Unrei nforced Concrete 3500 p. s. i. In suburban subdivisions the construction of major and secondary thorofares will be determined by the State Highway Department if classified under State or Farm-to- Market system, otherwise by appropriate County authority. Minor streets shall be surfaced in accordance with County requirements for acceptance for maintenance. . 38 . LABORATORY TESTING . All materials to be used in subdivision construction shall be subject to testing if warranted. The preponderance of testing to be performed in subdivisions is directly related to street construction and a series of laboratory tests normally associated with road and street construction will be required in subdivisions, said tests being performed by an independent testing laboratory using qualified personnel. The testing laboratory will be selected by the City and the City will pay all testing fees for materials directly to said laboratory. The cost for such testing fee will be paid by the developer to the City prior to the City accepting the subdivision for maintenance and operation. The Engineer shall notify the City Engineer at least one week prior to the contractor beginning construction. . When this notification has been received, the City Engineer will designate an independent testing laboratory to perform necessary material tests and the testing fee for the testing services will be determined. A copy of the testing lab authorization along with the fee for testing will be sent to the Engineer. It is assumed that the preponderance of testing required in the subdivision is that testing related directly to street construction. For this reason, the fOllowing ratio of testing is established: DENSITIES Subgrade . . . . . . . . . Under Curb/Gutter . . . . . . . . . . Base .'. . . . . '. . . . Lime Stabilized Base. . . . . . . . Backfill Density Control . . . . . . Proctors (Moisture- Density Relationship) Subgrade (raw) 1 per subdivision unless material changes Lime Stabilized base. . 1 per subdivision unless material Base. . 1 per 5,000 C.Y. material or less RATIO OF TESTING minimum 1 per 200' minimum 1 per 200' minimum 1 per 200' minimum 1 per 200' minimum of 10 of street of curb of street of street changes . 39 . ATTERBERG LIMITS & GRADATION Base. . . 1 per 5,000 C.Y. material or less HOT-MIX CONTROL Surface Course Design . . . . Base Course Design . Extraction . . . . . . Densities (in place) CONCRETE 1 per subdivision 1 per subdivision 2 per day run/minimum 1 per 500 ton 1 per 1,000' street Curb Gutter . . . . . . . . Sidewalk In 1 ets . . . . . . . . ... . 1 set (3) per SOD' 1 set (3) per 4,000 S.F. 1 set (3) per 6 inlets . The above schedule is a minimum schedule for testing, failures not included. In the event of failures, additional tests will be taken. If excessive rain occurs on a previously tested section, the City shall have the right to order retests as necessary. The City's representative on the jOb shall notify the testing lab when tests are to be taken. If the contractor cannot locate the City's representative within a reasonable period of time (2 hours) he may contact the Engineer or his representative who may then, after he has inspected the work, authorize the testing lab to take tests at the subdivision site. In the event neither the Engineer or the City's representative is available within two hours, contractor may order the lab test. -Provided, however, if it is necessary to re-test, such re-testing shall be at the contractor's expense. Except as otherwise provided above, it is the intent of the City that the contractor not contact the lab for the purpose of requesting routine tests. The scope of testing of materials incorporated in subdivision construction is not necessarily limited to those tests outlined above. In the event of unusual conditions or factors which may give the City reason to question the quality of the materials in any portion of the subdivision, the City wi.ll have the right to order such additional tests as are necessary at the City's expense. However, the City will consult with the Engineer on reasons for such additional tests before a testing lab will be asked to conduct such tests. . 40 . All testing in accordance with these requirements will be performed in accordance with the American Society of Testing Materials (ASTM) latest revision, and/or as elsewhere provided in approved plans and specifications for the subdivision. The City will require all subdivision test reports to be certified by a Registered Professional Engineer (Texas Registration) and will further require that the City be furnished a minimum of two (2) copies of testing reports. . AIR TESTING DESCRIPTION: This item shall cover the testing of completed sections of installed sewer pipe using low air pressure. The contractor shall conduct low pressure air tests on completed sections of sewer main. The air test will be used to evaluate materials and construction methods on the pipe line sections, and successful air tests shall be mandatory for the acceptance of the lines. MATERIALS FOR AIR TESTING: 1. Compressor Air Supply: Any source which will provide at least three hunred (300) cubic feet per minute at one hundred (100) pounds per square inch. 2. Plugs, Valves, Pressure Gages, Air Hose, Connections and other equipment necessary to conduct the air test shall be furnished by the contractor. The test equipment for air testing will consist of valves, plugs, and pressure gages used to control the rate at which air flows to the test section and to monitor the air pressure inside the plugs. Test equipment shall be assembled as follows: a. Hose connection b. Shut off valve c. Throttle valve d. Pressure reduction valve e. Gage cock f. Monitoring pressure gage AIR BLEED 41 .-- . TEST PROCEDURES; 1. Determine section of line to be tested. 2. Apply air pressure until the pressure inside the pipe reaches reaches 4 psig. 3. Allow the pressure inside the pipe to stabilize, then bleed back to 3.5 psig. 4. At 3.5 psig, the time, temperature, and pressure will be observed and recorded. A minimum of five (5) readings will be required for each test. If the time in seconds for the air pressure to decrease from 3.5 psig to 2.5 psig is greater than that shown in the following table, the pipe shall be presumed to be free from defect. When these rates are exceeded, pipe breakage, jOint leakage or leaking plugs'are indicated and an inspection must be made to determine the cause. The contractor shall effect such repairs as may be required to accomplish a successful air test. ALLOWABLE TIME TABLE . TIME PIPE SIZE MINUTE SECOND 4" 2 0 6" 3 0 .8" 4 IT 10" 5 IT 12" ~ "3U 15" 7 . 5- 18" g-. :m- 21" 9 50 24" IT 21r 27" 12 45 . . 30" " --- 14 - III 36" 17 00 42" 19" so- 48" 2l 40 54" 20 :m- 60"- 28 2-0 FLUSHING AND TESTING MAINS . Flushing. Immediately upon completion of pipe laying the contractor shall flush all mains which are scheduled to be disinfected by machine chlorination by the owner. This flushing shall be at the direction of the Engineer and shall consist of completely filling sections of main between '0, 42 . valves and then displacing such initial volumes of water by introducing clear water from existing facilities into and through the main to the pOint of discharge from the main being flushed. The flow-through shall continue until the Engineer determines all dust, debris, or foreign matter that may have entered during pipe laying operations have been flushed out. The new line shall then be left under system pressure for testing. To avoid damage to pavement and inconvenience to the public, fire hoses shall be used to direct flushing water from the main into suitable drain- age channels or sewers. Operation of Valves. No valve in the owner's water distribution system shall be operated by the contractor without prior permission of the Engineer. The contractor shall notify the owner_when a valve is to be operated and shall only operate the valve in the presence of the Engineer's representative. Hydrostatic Test. General. Except in the high pressure sections of the water distribution system where' test pressures will exceed 150 psi, all new mains shall be hydrostatically field tested at a maximum test pressure of 150 psi before acceptance by the Engineer. Where designated as "high pressure area", all new mains shall be hydrostatically field tested at a maximum test pressure of 200 psi before acceptance by the Engineer. It is the intent of these Specifications that all joints be watertight and that. all joints which are found to leak either by observation or during any test s~all be made watertight by the contractor. In case repairs are required, the hydrostatic field test shall be repeated until the'pipe installation conforms to the specified requirements and is acceptable to the Engineer. Test Procedures. After the new main has been laid and backfilled as specified, but prior to chlorination and replacement of pavement, it shall be filled with water for a minimum of 24 hours and then subjected to a hydrostatic pressure test. The specified test pressure shall be supplied by means of a pump connected to the main in a satisfactory manner. The pump, pipe connection, and all necessary'apparatus including gauges and meters shall be furnished by the contractor. Unless otherwise specified, the owner will furnish water for filling lines and making tests through existing mains. . . 43 Before applying the specified test pressure, all air shall be expelled from the main. To accomplish this, taps shall be made, if necessary, at the points of highest elevation and afterwards tightly plugged. At intervals during the test, the entire route of the new main shall be inspected ~o located any leaks or breaks. If any are found, they shall be stopped or repaired. In this section of the valve being tested, the test shall be repeated until satisfactory results are obtained. The hydrostatic test shall be made so that the maximum pressure at the lowest point does not exceed the specified test pressure. The duration of each preSSure test shall be a minimum of four (4) hours for new mains in excess of 1,000 lineal feet and a minimum of one (1) hour for new mains less than 1,000 lineal feet after the main has been brought up to test pressure. The test pressure shall be measured by means of a tested and properly calibrated pressure gauge acceptable to the Engineer. All pressure tests Shall be continued until the owner is satisfied that the new main meets the requirements of these: Specifications. Should any test of pipe in place disclose leakage greater than that listed in Table 4 or 5, HYdrostatic Test Leakage Allowances, as applicable, the contractor shall at his own expense locate and repair the defective joints until the leakage is within the specified allowance. Leakage is defined as the quantity of water supplied into the newly laid main, or any valved section of it, necessary to maintain the specified leakage test pressure after th~ ~~i~ has _~egn filled. with water and the air expelled.' The contractor shall notify the Engineer prior to beginning the test. . . . 44 TABLE 4 HYDROSTATIC TEST LEAKAGE ALLOWANCES (MAXIMUM) @ 150 psi . SIZE & f Pi De Length In Feet I'YPE PIPE 1001 200 I 300r 400 T sooT 600T 700 8001 900 I 1000/ 2000 3000/ 4000 51 0" A.C. TO.14/0.28 0.43/0.57 0.71/0.85 0.99/1.14/1.2811.421 2.841 4.261 5.6817. ~" CI* 10.11/0.22 /0.33 0.4410.5510.6610.7710.88/0.99 11.101 2.20T 3.30/ 4.401 5. B" A.C. 10.1910.38 /0.56To.75fo.94 1.1311.3211.50 1.70 1.80 3.76 5.641 .7.521 9. B" CI* 0.1510.29 10.4410.59/0.7410.88/1. 03 1.18/1. 32 / 1.47/ 2.94/ 4..411 5.88 7. 12" A.C. TO.2810.57 0.85/1.13 1.4211. 70 1. 9812. 2612. 55 1 2.831 5.661 8.49111.32114. 12" CI* TO.2210.44 10.66 0.88 1.10/1.32J1.5411.76/1.98/2.201 4.401 6.601 8.80TlI. 16" A.C. 10.3810.75 T1.1311.5011.88 2.2612.6313.01 3.38 3.761 7.52 11.28115.04f18. 16" CI* 0.2910.59 TO.8811.1811.4711.7612.0612.3512.65 J 2.941 5.881 8.8211I.76f14. 20" A.C. 0.47 0.94 1.41 1.88 2.35 2.82 3.29 3.76 4.23 4.70 9.40 14.10 18.80 23.. 120" .CI* 0.39 0.74 1.10 1.47 1.84 2.21 2.55 2.94 3.31 3.68 7.36 11. 04 14.72 18.- "O"C.S.C. 0.08 0.16 0.24 0.32 0.40 0.47 0.55 0.63 0.71 0.79 1.58 2.37 3.16 3.! 24" A.C. 0.57 1.13 1.70 2.26 2.83 3.39 3.96 4.52 5.09 5.65 11. 30 16.95 22.60 28.: f4" CI* 0.44 0.88 1.32 1. 76 2.21 2.65 3.09 3.53 3.97 4.41 8.83 13.23 17.64 22.( 24"C.S.C. 0.10 0.19 0.29 0.38 0.48 0.57 0.67 0.76 0.86 0.95 1.90 2.85 3.80 4. ; 30" A.C. 0.71 1.41 2.12 2.82 3.53 4.24 4.94 5.65 6.35 7.06 14.12 21.18 28.24 35.~ 30" CI* 0.55 1.10 . 1.66 2.21 2.76 3.31 3.86 4.42 4.97 5.52 11. 04 16.56 22.08 27.E 30"C.S.C. 0.12 0.24 0.35 0.47 0.59 0.71 0.83 0.94 1.06 1.18 2.36 3.54 . 4.72 5.9 36" A.c. 0.85 1. 70 .2.54 3.39 4.24 5.09 5.94 6.78 7.63 8.48 16.96 25.44 33.92 42.4 136" CI* 0.66 1.32 1.99 2.65 3.31 3.97 4.63 5.30 5.96 6.62 13.24 19.86 26.48 33.1 36"C.S.C. 0.14 0.28 0.43 0.5; 0.71 0.85 0.99 1.14 1.28 1.42 2.84 4.26 5.68 7.1 42" CI* 0.7711.54 12.3213.09/3.8614.6315.4016.18f6.95 T 7. 72T15.441 23.16 30.88138.6 42"C.S.c.To.17/0.33 10.50To.66rO.83 1.00 1.16/1.33f1.49T 1.66T 3.321 4.98T 6.641 8.31 148" CI* 10.8811. 77 I 2.65T3.53T4.42Ts.301 6. 18f7 . 06T7. 95 I 8.83f 17.661 26.491 35.32r44.1~ 148"c.S.C /0.19/0.38 0.57fo.76/0.95T1.13T1.32 1.51 1.7011.89T 3.781 5.67/ 7.56 9.4~ . Gallons Per Hour (GPH) ** e. *CI ancludes Ductile Iron in both mechanical and Push-on joints. **GPH for C.S.C. are manufacturer's maximum. NOTE: Leakage allowances may be determined for footages not specifically listed by interpolation and/or by the combination of various tabular data. Example No.1: The maximum leakage allowance for 6,000 LF of 6" AC pipe would be the sum of the values for 5,000 LF and 1,000 LF, or 7.10 GPH plus 1.42 GPH equals 8.52 GPH. Example No.2: The maximum leakage allowance for 1,550 LF of 6" AC pipe would be the f>um Qf the values for 1,0_QO.LF and the interpolated_ value for 550 LF, or 1.42 GPH plus 0.78GPH equals 2.20 GP~. e 45 TABLE 5 HYDROSTATIC TEST LEAKAGE ALLOWANCES (MAXIMUM) @ 200 psi . SIZE & I Pipe Length in Feet TYPE PIPEI 100 2001 3001 4001 5001 6001 7001 8001 9001 10001 20001 30001 40001 501 0" A.C. 10.1610.3310.4910.650.8210.981.1411.3011.4711.631 3.2614.8916.5218. 6" CI* 0.1310.2510.3810.5110.6410.7610.8911.0211.141 1.271 2.541 3.811 5.081 6.: 8" A.C. 10.2210.4410.6510.8711.09 1.3111.5311.74 1.96 2.181 4.361 6.54 8.7211O.~ 8" CI* 10.1710.3410.510.6810.8511.0211.19 1.3611.531 1.701 3.40 5.101 6.801 8.~ 12" A.C. 10.33 0.6510.98 1.3011.6311.9612.2812.6112.931 3.261 6.521 9.78113.04116.: 12" CI* 10.2610.5110.7711.0211.2811.5311. 7912.0412.301 2.551 5.101 7.65110.201 12.i 16" A.C. 0.4410.8711.3111.75 2.1912.6213.0613.50 3.9314.371 8.74113.11117.48121.S 16" CI* 0.3410.6811.0211.3611.702.04 2.3812.72 3.0613.401 6.80110.20 13.60117.0 20" A.C. 0.55 1.09 1.64 2.18 2.73 3.27 3.82 4.36 4.91 5.45 10.90 16.35 21. 80 27.2 20" CI* 0.43 0.85 1.28 1.70 2.13 2.55 2.98 3.40 3.83 4.25 8.50 12.75 17.00 21.2 20"C.S.C 0.08 0.16 0.24 0.32 0.40 0.47 0.55 0.63 0.71 0.79 1.58 2.37 3.16 3.9 24" A.C. 0.65 1.31 1.96 2.62 3.27 3.92 4.58 5.23 5.89 6.54 13.08 19.62 26.16 32.7 24" CI* 0.51 1.02 1.53 2.04 2.55 3.06 3.57 4.08 4.59 5.10 10.20 15.30 20.40 25.5 24"C.S.C. 0.10 0.19 0.29 0.38 0.48 0.57 0.67 0.76 0.86 0.95 1.90 2.85 3.80 4.7. 30" A.C. 0.82 1.63 2.45 3.27 4.09 4.90 5.72 6.54 7.35 8.17 16.34 24.51 32.68 40.8: 30" 'CI* 0.64 1.27 1.91 2.55 3.19 3.82 4.46 5.10 5.73 6.37 12.74 19.11 25.48 31. 8~ 30"c.S.C. 0.12 0.24 0.35 0.47 0.59 0.71 0.83 0.94 1.06 1.18 2.36 3.54 .4.72 5.91 36" A.C. 0.98 1.96 2.94 3.92 4.90 5.88 6.86 7.84 8.82 9.80 19.60 29.40 39.20 49.01 36" CI* 0.76 1.53 2.29 3.06 3.82 4.58 5.35 6.11 6.88 7.64 15.28 22.92 30.56 38.21 36"C.s.C 0.14 0.28 0.43 0.57 0.71 0.85 0.99 1.14 1.28 1.42 2.84 4.26 5.68 7 .1l 42" CI* 10.8911. 7812. 6813. 571 4.4615.3516.241 7.1418.031 8.92117.84126.76135.68144. 6C 42"C.s.c.1 0.171 0.3310.5010.6610.8311.0011.1611.3311.491 1.661 3.321 4.981 6.641 8.3C 48" CI* 1. 0212.0413.0614. oBI 5.1016.1117.131 8.151 9.17110.19120.38130.57140.76 50.95 ~8"C.S.C.10.1910.3810.5710.76 0.9511.1311.3211.51/1.7011.8913.7815.671 7.56 9.45 Gallons Per Hour (GPH) . *CI includes Ductile Iron in both mechanical and push-on joints. - --- - ----- NOTE: Leakage allowances may be determined for footages not specifically listed by interpolation and/or by the combination of various tabular data. Example No.1: The maximum leakage allowance for 6,000 LF of 6" AC pipe would be the sum of the values for 5,000 LF and 1,000 LF,or 8.15 GPH plus 1.63 GPH equals 9.78 GPH. Example No.2: The maximum leakage allowance for 1,550 LF of 6" AC pipe would be the sum of the values for 1,000 LF and the interpolated value for 550 LF, or 1.63 GPH plus 0.90 GPH equals 2.53 GPH. . 46 . , DISINFECTION OF NEW MAINS UTILIZING MACHINE CHLORINATION . General. After the new mains have successfully passed the pressure test specified in Hydrostatic Test, the owner will disinfect those mains shown on the plans or otherwise indicated as "Machine Chlorination by CWB." This disinfection shall include chlorination, flushing, and placing the mains in service. Operation of Valves. During and after the disinfection of the mains, the contractor shall be notified by the Engineer SUfficiently in advance to enable the contractor to have a competent representative present whenever valves are to be operated that will affect the pressure in any part of the work for which the contractor is responsible. Contractor's Personnel and Equipment. The contractor shall supply labor and equipment necessary to make all excavations required for chlorination, equipment connections, subsequent flushing, and placing the mains in service.. SafegUarding and Backfilling Open Holes. The contractor shall be . responsible for saf~guarding any open holes excavated or left open for flushing and disinfection purposes. Following completion of disinfection, the contractor shall backfill such holes.':. '.,";_ : DISINFECTION OF MAINS UTILIZING DRY CALCIUM HYPOCHLORITE General. Mains shall be disinfected with dry Calcium Hypochlorite (HTH) where shown on the plans or as directed by the 'Engineer. This method of disinfection will also be followed for main repairs. Dosage. The contractor shall disinfect the new or replaced mains with Calcium Hypochlorite (HTH) of 70% available chlorine furnished by the owner. Sufficient Calcium Hypochlorite (HTH) shall be used to obtain a minimum chlorine concentration of 50 ppm. The following Table 6, Chlorine Dosage, is included for the convenience of the contractor: . 47 TABLE 6 . CHLORINE DOSAGE Ounces Per Foot Diameter of Pipe To Obtain 50 ppm Chlorine Inches Dosage 6 0.0138 8 0.0233 10 0.0364 12 0.0523 14 0.0708 16 0.0934 18 0.1175 20 ,0.1455 24 0.2080 30 0.3270 36 0.4690 42 0.6370 48 0.8330 . A. heaping tablespoon holds approximately 1/2 ounce, and a standard . -.., measuring cup holds approximately 8 ounces: Filling the Main. Those sections of main to which the dry Calcium Hypochlorite (HTH) has been applied,shall be filled slowly to allow for the even distribution of the disinfecting material. The manipulation of valves shall be under the supervision of the Engineer's repr~sentative in accordance with Operation of Valves. Holding Time. The length of time that sections of main disinfected with Calcium Hypochlorite (HTH) shall be allowed to stand undisturbed will depend upon the particular job. a. The required minimum detention time will be 18 hours when circumstances permit a shutdown with no customers out of service. ' b. The required minimum detention time will be 2 hours when customers are out'of service during a shutdown with no leakage past valves. c. The required minimum detention time will be 30 minutes when customers are out of service during a shutdown with some leakage. Flushing. Following the expiration of the specified holding time, the treated section of main shall be flushed thoroughly by the contractor in accordance with the applicable provisions of FLUSHING AND TESTING MAINS. Flushing shall continue until no chlorine remains detectable by taste or odor or until the chlorine residual is less than 0.3 ppm. . 48 . Preventing Reverse Flow. Valves shall be manipulated so that the strong chlorine solution in the line being treated will be flushed out of the main and will not flow back into the line supplying the water. Supervision. All disinfection of mains shall be done under the general supervision of a representative of the owner. Additional Treatment. Should the new main fail to meet minimum public health standards for bacteriological quality after flushing, further. treatment shall be as directed by the Engineer. If further disinfection is required, chlorination shall be done in accordance with DISINFECTION OF NEW MAINS UTILIZING MACHINE CHLORINATION. In no case, however, shall the new line be acceptable as complete and satisfactory until the bacteriOlogical quality of the water taken from the main meets the Standards of the Texas Department of Health Resources. Safeguarding and BaCkfilling Open Holes. The requirements for safe- guarding and baCkfilling all holes excavated or left open for Chlorinating and sampling shall be as specified in Safeguarding and BaCkfilling Open Holes. . ~ . 49 . EXHIBIT "B" ACKNOWLEDGEMENT AND CERTIFICATES The final plat shall contain the following: PART 1. Owner's ACknowledgement: State of Texas County of I I I (we), the undersigned, owner(s) of the land shown on this plat, and designated herein as the subdivision to the City of Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown for the purpose and consideration therein expressed. , Owner State of Texas County of Before me, the I I undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein stated. . . Given under my hand and seal of office this ~~ 19 . Notary Public, County, Texas PART 2. Certificate by the City Engineer: I, the undersigned, City Engineer of the City of Schertz hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which his approval is required. Clty Engineer . 50 . PART 3. Approval of the City Planning Commission: This plat has been submitted to and considered by the City Planning Commission of the City of Schertz, and is hereby approved by such Commission. Date this day of , 19 By: Chairman ATTEST: Secretary PART 4. Certificate of the Surveyor responsible for surveying the subdivision area, attesting to its accuracy: State of Texas County of I, the undersigned, . (Engineer or Surveyor's Sea 1 ) Registered Professional Engineer or Registered Public Surveyor PART 5. Certificate by the Platting Engineer.responsible for the preparation of the final plat and supporting data, attesting to its accuracy: State of Texas I County of I I, the undersigned, a registered professional engineer in the State of Texas, hereby certify that proper engineering consideration has been given this plat. (Engineer's Seal) Registered Professlonal Engineer . 51 . PART 6. Approval of the County Commissioners Court State of Texas County of I t This plat of has been submitted to and considered by the Commissioners Court of County, Texas conforms to all requirements of the subdivision regulations of the County as to which approval is required, and is hereby approved by such court. Dated this day of , 19 County Judge Attest: County Clerk, County, Texas . . 52 . . iv/ . ..kev.f "j-31!- . EXHIBIT "C" DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural number; and words used in the plural number' include the singular number. The words "shall" and "willll are always mandatory, while the word "may" is merely directory. Approved Plat: Is a plat of subdivision which has been approved in accordance with requirements of these regulations and which has been filed for record with the County Clerk in which the land lies. Building Line: Means a line beyond which buildings shall be set back from the street line. City: Refers to the City of Schertz, Texas. City Engineer: Shall be a registered professional engineer employed or designated by the City of Schertz to provide professional engineering services for and in behalf of the City. City of Schertz Standards: Refer to the standards for streets and alleys, storm sewer lines and appurtenant structures, which are set forth herein, and such additional standards as may have been or may be adopted by the City Council, and which may be amended from time to time, and be hereby referred to. Council: Shall refer to the City Council of the City of Schertz, Texas. Cul-de-sac: Is a street having but one outlet to another street, and terminated on the opposite end by a vehicular turn around. ~eral Plan: Means the comprehensive plan of the City of Schertz, and includes any unit or part of such plan separately adopted and any amendments to such plan or parts thereof. Lot: Shall mean a physically undivided tract or parcel of land having 53 .. . . ' DEFINITIONS PROPOSED TO BE ADDED TO EXHIBIT "c" . . Extraterritorial Jurisdiction (ETJ): Within the terms of the Texas Municipal Annexation Act, the term Extraterritorial Jurisdiction means the unincorporated area, not a part of any other City, which is contiguous to the corporate limits of the City of Schertz, the outer boundaries of which are measured from the extremities of the corporate limits of the City, outward for such distances as may be stipulated in the Texas. Municipal Annexatlon Act, in which area, within the terms of the act, the City may enjoin the violation of its subdivision control ordinance. . . . . 53A ~C7" ,. . . frontage on a public street or other approved facility and which is, or in the future may be offered for sale, conveyance, transfer, or improvement; which is designated as a distinct and separate tract and; which is identified by a tract or lot number or symbol in a duly approved sub- division plat which has been properly recorded. Lot.Depth: Refers to the distance of a line connecting the midpoints of .,the front and rear lot lines, which line shall be at right angle to the front lot or radial to a curved lot line. 1 Lot Width: Is the distance of a line (drawn perpendicular to the lot depth line) connecting the side lot lines at the building setback line or at a point no farther than thirty-five (35) feet from the front lot line. Planning Commission or Commission: Shall refer to the Planning and Zoning Commission of the City of Schertz. Plat: Means the map, drawing, or chart on which a subdivider's plan of a subdivision is presented, which is submits for approval. Public Street: Is any public right of way owned or controlled by the city, county, or state and maintained by same for use of vehicular traffic. a. Alley means a minor public right of way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abutt on a "public street" as that term is defined herein. b. Major Street means a principal traffic artery, more or less continuous across the City, which is intended to connect remote parts of the City or areas adjacent thereto, and act as a principal connecting street with state and federal highways, and shall'include each street designated as a major thoughfare on the Major Street plan, including all existing and proposed major streets shown on the Major Street Plan as adopted by the ,Council. Interstate highways, expressways, and limited access highways are not considered major streets, and shall be considered more restrictive. . c. Marginal Access Street is a street that is parallel to a arterial street or expressway and intended to' serve the local traffic in a residential area while shielding the area from the major street. . 54 . . . -- If ~ . .. . . . d. Minor refers to a street intended primarily to serve traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts. . e. Secondary Street means a street collecting traffic from other streets and serving as the most direct route to a major street or highway adjacent to a subdivision. Street Width: Means the shortest horizontal distance between the lines which delineate the right of way of a street. Subdivider or Developer: Are synonymous and are used to include any person, par~nership, firm, association, corporation (or combination thereof), or any officer agent, employee, servant, or trustee thereof, who performs, or participates in the performance of, any act toward the subdivision of land within the intent, scope, and purview of this Ordinance. Subdivision: Shall mean the division of any lot, tract or parcel of land into two or more lots for the purpose, whether immediate or future, of sale or rebuilding development, situated within the corporate limits or within the ETJ. It also includes vacation and resubdivision of land or lots. Division of land in parcels of five (5) or more acres each shall not be included in this definition of subdivision, unless such division of five or more acres includes the planning or developing of new street or access easement. Surveyor: Is a licensed State Land Surveyor or Registered Public Surveyor, as authorized by the State Statutes to practice the profession of surveying. Utility Easement: Means an interest in land granted to the city, to the public generally, and/or to a private utility corporation, for installing utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. . 55 .