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25-S-026 UDC Article 8, Sec 21.8.9 Outdoor Display and StorageORDINANCE 25-S-026 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC), ARTICLE 8, SECTION 21.8.9 OUTDOOR DISPLAY AND STORAGE WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz (the "City") adopted and Amended and Restated the Unified Development Code on April 13, 2010, as further amended (the "Current UDC"); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, on June 4, 2025, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council of approval with amendments; and WHEREAS, on July 1, 2025, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that proposed amendments are appropriate and are in the best interest of the public safety, health, and welfare. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6.. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7.. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. PASSED AND APPROVED this 1 day of2025. �J �r Tuierr; ayor ATTEST: Sheree Courney, Deputy City Secretary Exhibit "A" Proposed Unified Development Code (UDC) Amendments Exhibit "A" Proposed Unified Development Code (UDC) Amendments Sec. 21.8.9. Outdoor Display and Storage. A. Outdoor display and outdoor storage shall be allowed in Non-residential Districts ancillary to a primary use in accordance with this section. Any merchandise, material or equipment situated outdoors in Non-residential Districts shall be subject to the requirements of this section. For the purpose of this section, outdoor display and outdoor storage shall be classified into two (2) categories enumerated as shown below. Table 21.8.9 Permitted Outdoor Display and Storage Category OF NS & MSMU GB and PUB GB-2, M-1 and M-2 Outdoor Display - P P P Outdoor Storage - - -*Not Permitted in P GB * Requires a SUP in PUB (P) = Use is permitted in district indicated (-) = Use is prohibited in district indicated General Requirements for all Outdoor Display and Outdoor Storage Items 1. All areas storing merchandise, equipment, materials, or any other Outdoor Display and Outdoor Storage items shall: a. Be paved and painted to distinguish them from required off-street parking areas; b. Be clearly shown on the Site Plan submitted for the property additionally any changes to the approved Outdoor Display or Outdoor Storage areas shall require and Amended Site Plan; C. Not be located within a required landscape buffer; and d. Not be permitted in off-street parking spaces, within the public right-of-way, fire lane, stacking spaces, areas meant for interior vehicle access, to block windows, entrances, exits, or to impede the ability of pedestrians to use the building, including ADA requirements. C. Categories of Outdoor Storage and Display. 1. Outdoor Display. Outdoor Display are items actively for sale or lease that can be perused by the public. Outdoor Display includes items typically seen at home improvement businesses or similar type retail/ commercial businesses. Outdoor Display includes items such as pallets of mulch or sod and prefabricated sheds or trailers Individual items for Outdoor Display cannot exceed fifteen feet (15') in height. b. Stacked items for Outdoor Display cannot exceed five feet (5') in height. C. The Outdoor Display area shall not exceed twenty-five percent (25%) of the primary building square footage. 2. Outdoor Storage. Outdoor Storage consists of all remaining forms of Outdoor Storage not classified as Outdoor Display. Outdoor Storage includes, but is not limited to, items of a large size, mass or volume and that are not easily moved or carried such as used tires, railroad ties, discarded inventory, storage pallets, shipping containers, temporary portable storage facilities/containers and semi trailers not attached to a truck. Outdoor Storage also consists of items for sale to include items sold in bulk such as unpackaged dirt, landscape materials, or items associated with a wholesale business. Outdoor Storage (Supp. No. 9) Page 1 of 2 Created: 2024-11-27 10:11:33 [EST] Exhibit "A" Proposed Unified Development Code (UDC) Amendments (Supp. No. 9) items are not considered Outdoor Display and are not permitted in the front yard of the primary structure. a. Outdoor Storage is prohibited within public right-of-way or fire lanes. b. Outdoor Storage shall not be allowed in off-street parking spaces. C. Outdoor Storage items shall not exceed a maximum of 20 feet (20') in height, except for heavy equipment. d. Outdoor Storage items shall be enclosed or shall be located at the rear of the structure, but in no event shall general outdoor storage items be visible from public right-of-way. Exceptions. a. Vehicles for sale as part of a properly permitted vehicle sales use (including boats and manufactured housing) shall not be considered merchandise, material or equipment subject to the restrictions of this section. b. Such vehicles must be located and displayed on a paved vehicle use area and clearly indicated on the Site Plan. C. Flea markets, open air markets, farmer's markets with a permanent Certificate of Occupancy for such use are not subject to the restrictions of this section. d. Vehicles awaiting repair, food trucks and trailers associated with a business may apply for a permit to allow parking on an unpaved area for a period not to exceed six months during construction or unique circumstances. 1) The City Manager or his/her designee shall receive applications, documentation and issue permits for the temporary parking on unpaved areas during construction or other unique circumstances such as parts shortages as the result of a pandemic. e. Garden Centers, Lumber Yards, and Outdoor Storage Sales Areas are not considered Outdoor Display or Outdoor Storage if the area: 1) is attached to and accessible through the primary building; 2) is enclosed utilizing a metal or steel fence material such as wrought iron with masonry columns, chain link is not permitted; and 3) is identified on an approved site plan. Sidewalk Sales are not considered Outdoor Display or Outdoor Storage if: 1) the items for sale are located in front of or adjacent to the primary building and on the pedestrian walkway; and 2) all items for sale are stored inside the primary building overnight. Page 2 of 2 Created: 2024-11-27 10:11:33 [EST]