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2004S08-REVISE-UDC ART-10RDINANCENO. ~z/4'.....~. ~F AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY REVISING ARTICLE ~[, GENERAL PROVISIONS, ARTICLE ZONING DISTRICTS AND MAP, ARTICLE IV, PERMISSIBLE USES, ARTICLE Vl, DENSITY AND DIMENSIONAL REQUIREMENTS, AND ARTICLE Xl, PLATTING; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEXAS: ..: SCHERTZ, THAT, UDC Ordinance No. amended as per attached- 96-S-28 of the City of Schertz, Texas is hereby Approved on first reading the/,~-/x., day ofc~~ , 2004. ~^ss~D, ^~~ov~ ^,~ ^~o~.~ ~ ~,,~~ of ~~..~~, ~oo~. · ATTEST: City Secretary, City of Schertz, Texas (SEAL. OF CITY) ARTICLE I GENERAL PROVISIONS SECTION 1 Short Title Page SECTION 2 Authority SECTION 3 Jurisdiction SECTION 4 Purposes SECTION 5 Effective Date and Applicability SECTION 6 Applicability of Existing Regulations SECTION 7 Relationship to Comprehensive Land Plan and Thoroughfare Plan SECTION 8 ComPliance with Code'Required SECTION 9 Severability SECTION 10 Computation of Time SECTION 11 Notices SECTION 12 Violation and Penalties February 11, 2004 ARTICLE I- GENERAL PROVISIONS SECTION 1: SHORT TITLE Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited as the Unified Development Code of the City of Schertz, Texas or simply as the Unified Development Code, or as referenced in this document as the UDC. SECTION 2: AUTHORITY The UDC is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the constitution and laws of the State of Texas and the charter of the City of Schertz. SECTION 3: JURISDICTION The provisions of this UDC apply to all property within the corporate limits of the City of Schertz and generally to lands subject to its zoning jurisdiction as conferred by State law. Those provisions pertaining to the subdivision of land, and those regulations adopted for the primary purpose of protecting water quality or to afford flood protection, apply to all property within.the City!s corporate boundaries and to all property within its extraterritorial jurisdiction (ETJ), as established by Texas ~Local ' Government Code. Chapter 43 and Chapter .212. References to !iUrisdiction or the applicability in this. UDC take precedence over this jurisdictional statement in the event of a conflicting interpretation.. · . SECTION 4: pURPOSES The UDC is adopted to: a) Protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City of Schertz; b) Ensure the safe, orderly and efficient development and expansion of the City of Schertz in accordance with and pursuant to its Comprehensive Land Plan; c) Conserve, develop, protect and utilize natural resources, in keeping with the public interest; d) Prevent the overcrowding of land and avoid undue concentration or diffusion of population or land interest; e) Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; f) Provide for open space; g) Minimize pollution of air and water, to assure the adequacy of drainage facilities, to safeguard water resources and to preserve the integrity and aesthetic quality of the community; February 11, 2004 h) Lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; Facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services; and J) Treat in one unified text, those areas of land use regulation previously dealt with in separate ordinances including zoning, subdivisions, flood plains, manufactured homes and signs. SECTION 5' EFFECTIVE DATE AND APPLICABILITY The UDC shall take effect upon adoption by the City Council and signature by the Mayor. Except as otherwise provided in this UDC, on the effective date and thereafter, this UDC shall supersede all prior development regulations governing the development of land within the City and its ETJ. All development applications and proposals filed on or after the effective date of this UDC ordinance, whether for new developments or amendments to plats and plans shall be required to meet the standards of this UDC and shall be processed in accordance with the procedures herein. SECTION 6: . APPLICABILITY OF EXISTING REGULATIONS Property owners who have obtained approval from the Planning and Zoning Commission of master . plans and .site plans prior.to the adoption of this UDC shall be exempt from any additional requirements imposed for a period of one year after the date of adoption of this UDC, so long as a' building permit for the improvements 'to be located within the property of said plans is approved within said one-year. period. SECTION 7: RELATIONSHIP THOROUGHFARE PLAN TO COMPREHENSIVE LAND PLAN AND MASTER The UDC is intended to implement the policies and objectives contained in the Comprehensive Land Plan and Master Thoroughfare Plan for the City and to affect the City's plan for provision of public facilities and service within the City limits and within the City's extraterritorial jurisdiction. SECTION 8' COMPLIANCE WITH UNIFIED DEVELOPMENT CODE REQUIRED All development of land within the incorporated boundaries of the City of Schertz or its extraterritorial jurisdiction, as applicable, shall conform to the requirements of the UDC. No person may use, occupy, sell, or develop land, buildings, or other structures, or authorize or permit the use, occupancy, sale, or development of land, buildings, or other structures under his/her control except in compliance with all applicable provisions in this UDC. SECTION 9: SEVERABILITY All sections, paragraphs, sentences, clauses, and phrases of this UDC ordinance are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause, or phrase of this UDC ordinance to fail or become inoperative. February 11, 2004 SECTION 10- COMPUTATION OF TIME Unless otherwise specifically provided, excluding the first and including the last calendar day shall compute the time period within which an act is to be done. If the last day of a time period falls on a Saturday, a Sunday or a legal holiday observed by the City of Schertz, that day shall be excluded from the computation within a prescribed period. SECTION 11' NOTICES Notices given under this UDC shall be in writing and sent by way of the United States Postal Service. All notices shall be deemed to be received three (3) days following deposit of same with the United States Postal Service, first class mail postage pre-paid. SECTION 12- VIOLATIONS AND PENALTIES Any person, firm or corporation who shall violate any of the provisions of this code or fails to comply therewith or who shall violate or fail to comply with any order or regulation 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 violation and noncompliance respectively be deemed guilty of a misdemeanor and upon 'conviction'thereof shall be fined a sum not to exceed the legal maximum. Each and every day that..~,suc'h~.~violati-on and/or noncompliance, shall exist shall be deemed a separate offense. But in ~case ~anY-.person,.. firm or corporation violates any of the provisions of this UDC or fails to comply therewith,, the: City of Schertz, in addition, to imposing the penalties above provided may institute any appropriate aetion or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this UDC 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 cumulative of and in addition to the penalties prescribed for such violation. February 11, 2004 ARTICLE III- ZONING DISTRICTS AND MAP PAGE SECTION 1 - Zoning Districts Established ................................................ III- SECTION 2 - Statement of Purpose and Intent for Residemial Districts ................... III- SECTION 3 - Statement of Purpose and Intent for Non-Residential Districts ............. III- SECTION 4- Special Districts ........................................................................... III- SECTION 5 - Official Zoning Map .................................................................... III- SECTION 6 - District Boundary Imerpretation .................................................. III- SECTION 7 - Initial Zoning Upon Annexation ................................................... III- February 20, 2004 ARTICLE III - ZONING DISTRICTS AND MAP SECTION 1 - ZONING DISTRICTS ESTABLISHED III. 1.1 The City of Schertz is hereby geographically divided into the following zoning districts. The use and dimensional regulations as set out in Article IV, "Permissible Uses" and Article VI, "Density and Dimensional Requirements" are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive and Thoroughfare Plans. Predevelopment zoning is applied to vacant land when it initially becomes part of the City. The districts established shall be known as' Symbol District Name PD R-1 R-2 R-3 R-4 R-5 R-6 R-7 MHP-SD OP NS GB M-1 M-2 G SD AICUZ PUBLIC Predevelopment District Single-Family Residential District Single-Family Residential District Two-Family Residential District Apartment/Multi-Family Residential District Garden Home/Single Residential District Zero Lot Line ~ Single-Family Residential District " Single-Family Residential District Manufactured Home Parks/Subdivision District Office and Professional District Neighborhood Services District General Business District Manufacturing District (Light) Manufacturing District (Heavy) Single-Family Residential/Agricultural District Single Family Dwelling District Gated Community Schertz Parkway and Roy Richard Dr./FM 3009 Overlay District Air Installation Compatible Use Zone District Public Use District III. 1.2 Residential Districts should be properly buffered from non-residential uses, and protected from pollution and/or environmental hazards. Manufactured Homes are only authorized in designated-zoned areas, and not allowed to substitute as a single family home as established in R-l, R-2, R-5, R-6 and R-7 zoned subdivisions. Residential Districts should also be buffered from high volumes of traffic by prohibiting direct access of the development to minor and principal arterials. III. 1.3 Residential Districts should be adequately buffered from non-residemial uses as well as from pollution sources and environmental hazards. Direct access to minor and principal arterial streets should be prohibited. SECTION 2 - STATEMENT OF PURPOSE AND INTENT FOR RESIDENTIAL DISTRICTS III. 2.1 Predevelopment District (PD). The Predevelopment District is intended for use for undeveloped land in the City of Schertz or as a temporary designation for existing February 20, 2004 Ill.2.2 III.2.3 III.2.4 III.2.5 III.2.6 uses for newly annexed property. This zoning is also suitable for areas where development is premature due to lack of utilities, capacity or service and for areas that are unsuitable for development because of physical constraints or potential health or safety hazards. This district shall also serve as a temporary zoning classification for land annexed into the City of Schertz. No improvements, construction or structures may be undertaken without obtaining a building permit and no occupancy of such improvements and structures without obtaining a certificate of occupancy. Single-Family Residential District (R-I). Comprised of single-family detached residential dwellings on a minimum lot size of 9,600 square feet, together with the schools, churches, and parks necessary to creme basic neighborhood units. Single-Family Residential District (R-2). Comprised of single-family detached residential dwellings with a minimum lot size of 8,400 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. Two-Family Residential District (R-3). Comprised of single-family attached residential dwellings with a minimum lot size of 9,000 square feet, together with the schools, churches, and parks necessary to creme basic neighborhood units. Apartment/Multi-Family Residential District (R-4). This district is intended for apartment and multi-family developments including, but not limited to apartment buildings, duplex, garden apartments, condominium units, assisted living .cemers, nursing homes and other similar uses. Due to the infrastructure requirements for such districts, the City of Schertz may require the applicant seeking such zoning classification to establish (i) the adequacy of available access and utility facilities, (ii) sufficiency of drainage, and (iii) provision of sufficient open space. The minimum lot size in such district is 10,000 square feet for three (3) units and 1800 square feet for each additional dwelling unit. The maximum, density shall be twenty-four (24) units per acre. Apartment/Multi-family Residential Districts should not be located in areas where they would increase traffic through single- family neighborhoods and should be located adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. Multi-family developments are suitable buffers between single-family districts and commercial uses. Multi-family districts should be buffered from non-residential land useS and from pollution sources and environmental hazards. The minimum lot shall be 10,000 square feet for three (3) units and 1800 square feet for each additional unit. No more than 24 units per acre shall be authorized. Garden Homes/Single Residential District Zero Lot Line (R-5). Comprised of single-family detached residential dwellings on a minimum lot size of 5,000 square feet together with the schools, churches, and parks necessary to create basic neighborhood units. This District allows the main structure to be constructed coincident with one of the side property lines, and requires only one side yard setback in order to maximize lot usage and yet maintain a neighborhood character consistent with conventional single-family detached homes. February 20, 2004 III.2.7 III.2.8 111.2.9 III 2.10 III 2.11 No area shall be designated R-5 that comains less than five (5) adjoining lots on a street. Zero lot line homes shall have no windows on the side of the house, which abuts the property line. Entire frontage of one side of the street in the block must be included in the R-5 designation. Exception may be made where an alley breaks the block on that side of the street. Homes will be uniformly located on the same side of the lot within a street block. Single-Family Residential District (R-6). Comprised of single-family detached residential dwellings that are a minimum of square feet on a minimum lot size of 7,200 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. The District is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. Single-Family Residential District (R-7). Comprised of single-family detached residential dwellings on a minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. The District is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. ;~ Single-Family Residential/Agricultural District (RA). Intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one-half acre). This zoning is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. All types of development in this District are permitted through prior approval of the Planning and Zoning Commission and Specific .Use. Occupation by manufactured homes may be approved upon compliance with the Mobile Home/Manufactured Housing Ordinance. Single-Family Dwelling District Gated Community (G). Intended to achieve orderly development of secured (Gated) Communities. A residential area surrounded by a masonry or wrought iron fence with one or more entrances, electrically or manually controlled gates and administeredby a Homeowners Association. (See Article VII, Section 6). Manufactured Home Park/Subdivision District. Manufactured Home Park/Subdivision District (MHP-SD) is intended to provide for the creation and/or subdivision of any lot, tract or parcel of land used in whole or in part for the parking of a mobile home constructed or equipped with a permanent hitch or other device allowing it to be moved, and which are permanently attached to it's body or frame. The district should be properly buffered from residential and non- residential uses and should be buffered from high volumes of traffic by prohibiting direct access of the development to minor or principal arterials. SECTION 3 DISTRICTS - STATEMENT OF PURPOSE AND INTENT FOR NON-RESIDENTIAL February 20, 2004 III.3.1 III.3.2 1II.3.3 , III.3.4 III.3.5 III.3.6 Office And Professional District (OP). Intended to provide suitable areas for the development of office structures as well as office park developments on appropriately designed and attractively landscaped sites. It is also intended to provide ancillary retail service (restaurants, coffee shops, newsstands, etc.) for such office developments. Due to the intensity of these developments, they should be generally located along major transportation corridors, and be properly buffered from less intensive residential uses. Neighborhood Services District (NS). Intended to provide suitable areas for the development of certain limited service and retail uses in proximity to residential neighborhoods in order to more conveniently accommodate the basic everyday retail and service needs of nearby residents. Such uses occur most often on the periphery of established neighborhoods at the intersection of collectors and minor arterials, and are generally on sites of approximately one to three acres in size. These developments are to have generous landscaping and contain non-residential uses, which do not attract long distance traffic trips. The District should be properly buffered from residential uses and protected from pollution and/or environmental hazards. General Business District (GB). Intended to provide suitable areas for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the. entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. Manufacturing District-Light (M-l). This district is intended to provide a suitable area for the development of light industrial, assembly and manufacturing, warehouse and distribution facilities. These facilities should not emit dust, odor, smoke, gas or fumes, or any other hazardous elements, which are detectable beyond the boundary of the property. Due to the traffic generated by such uses, these districts should be located on arterial streets. In reviewing the proposed development, other infrastructure considerations such as water, electric, sewer and fire line pressure should be taken into account. Where several lots are to be jointly developed as a light manufacturing area, restrictive covenants and development restrictions encouraging high-level design and maintenance are encouraged. Manufacturing District - Heavy (M-2). Intended to provide a suitable park-like area for the development of' intensive industrial/manufacturing activities, which tend to emit certain offensive features such as odor, noise, dust, smoke and/or vibrations, but under controlled conditions. Specific Use Permit will be required by all activities locating in this area. Uses shall also recognize the need for increased water pressure and capacity in order to provide adequate fire protection. Public Use District. To idemify and provide a zoning classification for land that is owned or may be owned by the City, County, State, Federal and the School District; land that has been dedicated to the City for public use such as parks and recreation; and, land designated and dedicated to the City as a greenbelt. February 20, 2004 SECTION 4- SPECIAL DISTRICTS III.4.1 Schertz Parkway Overlay District (SD). Intended to provide for the development of a combination of three or more different, frequently separate uses, each a significant part of the development. The planning and conceptual design of uses must provide for physical and compatible functions of projected uses such as offices, retail business, hotel/motel, food establishments, single-family residences, multi-family residences, etc. Proper buffering is required between residential and non-residential uses. The requirements established for this District are not intended to restrict imagination, innovation or variety, but to promote compatibility, ingenuity and the blending of uses. III.4.2 III.4.3 Roy Richard Dr./FM 3009 Overlay District (SD). Intended to provide for the development of suitable sites for the developmem of uses typically found in non- residential areas and establishing control over the development and construction in the District by establishing extra restrictions over those already established for the area. The non-residential uses in this area offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the community. The commercial establishments in this area should be properly buffered fromresidentialusesand residents protected from pollution and/or environmental hazards. ' ~. Air Installation Compatible..Use Zone 'District (AICUZ). Established to 'provide control on encroachment around a military airfield, encroachment that could destroy the harmonious relationship existing between the local community and a military airfield. This could eventually lead to the removal of the airfield, which would affect the economy of the area. Restrictions established in accordance with suggested guidelines and studies published by the military will control the development, construction and density of the area. The area is subject to high frequency of noise from aircraft and is at high risk to potential aircraft accidents. SECTION 5 - OFFICIAL ZONING MAP III.5.1 There shall be a map known and designated as the Official Zoning Map, which shall show the boundaries of all zoning districts within the City's planning jurisdiction. One (1) original official and three (3) identical copies of the Official Zoning Map are hereby adopted bearing the affidavit of the City Secretary and shall be filed and maintained as follows: me One (1) copy of the Official Zoning Map shall be maintained in the office of the City Secretary; Be One (1) copy of the Official Zoning Map shall be maintained by the City Planning Department; Co One (1) copy shall be filed with the City Building Inspection Department; and February 20, 2004 Do One (1) copy shall be posted in the conference room where the City Council and Planning and Zoning Commission meets and shall be maintained by the City Planning Department. III.5.2 The boundaries of the zoning districts as set out herein are delineated upon the Official Zoning Map of the City; said map being a part of this ordinance as fully as if the same were set forth herein in detail. III.5.3 All amendments to the Map shall be made immediately after their enactment and the date of the change shall be noted on the certificate. III.5.4 Should the Official Zoning Map be lost, destroyed or damaged, the Planning Department may have a new map drawn. No further Planning and Zoning or Council authorization or action is required so long as no district boundaries are changed in this process. III.5.5 Productions for information purposes may, from time to time, be made of the Official Zoning Map. This map is available to the public. SECTION 6- DISTRICT BOUNDARY INTERPRETATION 111.6.1 The boundaries~ of these districts'are indicated upon the official Zoning Map of the City of Schertz, which is on file in. the offices of the City and made a part of this Code, the same as if copies in 'full herein. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following roles shall apply' me Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines. Bo Boundaries indicated, as approximately following platted lot lines shall be construed as following such lot lines. Co Boundaries indicated as approximately following City limits shall be construed as following such City limits. De Boundaries indicated as following shorelines of creeks shall be construed to follow such shorelines; and in the event of their movement, the boundaries shall be construed as moving with the actual shoreline. Botmdaries indicated, as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water should be construed to follow such centerlines. Eo Fo Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line. In unsubdivided property, the district boundary lines on the Official Zoning Map shall be determined by use of the scale appearing on the map. February 20, 2004 Go He In 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 rez°ning. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. SECTION 7- INITIAL ZONING UPON ANNEXATION III.7.1 All territory hereafter annexed to the City of Schertz shall be temporarily classified as PD. The Planning and Zoning Commission will review all such newly annexed territory for consideration of zoning, as set forth in Article XVI, Section 3, "authority to initiate", within 180 days of its annexation. February 20, 2004 ARTICLE IV- PERMISSIBLE USES SECTION 1 Use Charts SECTION 2 SECTION 3 SECTION 4 Accessory Uses and Structures Temporary Use of Manufactured Structures New and Unlisted Uses SECTION 5 Land Uses Page February 20, 2004 ARTICLE IV- PERMISSIBLE USES SECTION 1 - USE CHARTS IV.I.1 Use of Land and Buildings, structures, land or premises shall be used only in accordance with the use permitted in the following use schedule subject to compliance with the dimensional requirements in Article VI "Density and Dimensional Requirements" and all other applicable requirements of this Code. IV. 1.2 Permitted Principal Uses No principal use shall be permitted in any district unless it appears in the "Land Use Charts" or has been approved in accordance with Section 4 of this Article. ao A blank in the "Specific Use Permit Required" column means the principal use in the zoning district is a use by right. be The word "yes" in the "Specific Use Permit Required" column means that the principal use is permitted in that zoning district only after first obtaining a "Specific Use Permit" as set forth in Article V, "Specific Uses.''~ IV. 1.3 Site Plan Required The word "yes" in the site plan column of the Land Use Charts indicates that site plan approval is required subject to the requirements of Article XIV, "Site Plan Approval." SECTION 2- ACCESSORY USES AND STRUCTURES IV.2.1 No land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided in Section 4. IV.2.2 There shall not be more than one residential dwelling on a lot of a duly recorded plat of a single-family residential use. IV.2.3 All buildings built for use and access by the general public shall be subject to the provisions of the Southern Building Code and all subsequent revisions to said Code. SECTION 3 - TEMPORARY USE OF MANUFACTURED STRUCTURES IV.3.1 Temporary Structure A temporary structure is a structure that is manufactured off-site and brought to the site. It is to be temporary in nature and used only until a permanent structure can be constructed or refurbished. A temporary structure may not be brought on-site until a building permit for the construction or refurbishing of the permanent structure has been issued by the City Building Official. February 20, 2004 All temporary manufactured structures shall be required to comply with the following- ae Time Limit' Permits issued for temporary manufactured structures shall be valid for two (2) years or when the permanent structure is completed and occupied, whichever is sooner. Any further extension shall require City Council approval. be Dimensions' Minimum dimensional requirements for temporary uses or structures shall be those established in the district in which the temporary use or structure is located. Ce Parking: Minimum parking requirements for temporary manufactured structures shall be the number according to the proposed use for the building. IV.3.2 Temporary Construction Buildings Temporary construction buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the City Building Official for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the City Building Official. IV.3.3 No trailer shall be utilized for nor shall constitute permanent storage~ (For the purpose of this paragraph, the term "trailer" shall include, but not be limited to, a box van, contractor's trailer, utility trailer, a railroad box car or anY other similar mobile transport vehicle not intended for permanent storage.)' ~ SECTION 4- New and Unlisted Uses mo 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: Be The Building Official shall refer the question conceming 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 question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. Ce New and Unlisted Uses referred to the Planning and Zoning Commission will be reviewed by the Commission to insure that the use meets the standards and requirements established for the particular district. The Commission will recommend to the City Council a public hearing be held, or will recommend disapproval. A letter will be sent to the applicant indicating the date of the public hearing, or disapproval, and the reason(s) for the disapproval and the appeal procedures. February 20, 2004 Do Ee The Planning and Zoning Commission and City Council shall hold public hearings 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 permitted. Such public hearings shall be scheduled and conducted in accordance with the provisions of Article XVII, "Administrative Procedures." 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 classification of such use as it determines appropriate. SECTION 5- LAND USES ~ PREDEVELOPMENT DISTRICT (PD) Unzoned SINGLE-FAMILY DWELLING DISTRICT (R-I) One-Family Dwelling Detached Church Day Nursery/Kindergarten Country Club Park~layground/Similar Public Site Public Recreation Center Schools New and Unlisted Uses as Provided by Article IV, Section 4 SPECIFIC USE PERMIT REQUIRED Yes Yes Yes Yes Yes Yes Yes Yes SITE PLAN REQUIRED Yes Yes Yes Yes Yes Yes Yes (a) SINGLE-FAMILY DWELLING DISTRICT (R-2) One-Family Dwelling Detached Church Day Nursery/Kindergarten Country Club Park~layground/Similar Public Site Public Recreation Center Schools New and Unlisted Uses as Provided by Article IV, Section 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes(a) February 20, 2004 SPECIFIC USE PERMIT REQUIRED SITE PLAN REQUIRED SINGLE-FAMILY DWELLING DISTRICT (R-6) One-Family Dwelling Detached Church Day Nursery/Kindergarten Country Club Park~layground/Similar Public Site Public Recreation Center Schools New and Unlisted Uses as Provided by Article IV, Section 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes (a) ~TWO-FAMILY DWELLING DISTRICT" (R-3) One-Family Dwelling Detached One-Family Dwelling Attached (Town House) See Article III, Section 2, Paragraph III 2.4 Two-Family Dwelling Multi-Family Apartmem Dwelling Boarding or Rooming House Church Day Nursery/Kindergarten Park/Playground/Similar Public Site Public Recreation Center Residence Home for Aged Schools New and Unlisted Uses as Provided by Article IV, Section 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes(a) APARTMENT/MULTI-FAMILY DWELLING DISTRICT (R-4) One-Family Dwelling Detached One-Family Dwelling Attached (Town House) See Article III, Section 2, Paragraph 2.5 Two-Family Dwelling Multi-Family (Apartmem Dwelling) Yes Yes February 20, 2004 GARDEN HOME DISTRICT (R-5) One-Family Dwelling Detached Gated Community (G) SPECIFIC USE PERMIT REQUIRED SITE PLAN REQUIRED SINGLE-FAMILY DWELLINGS DISTRICT (R-7) One-Family Dwelling Detached Church Day Nursery/Kindergarten Country Club Park/Playground/Similar Public Site Public Recreation Center Schools New and Unlisted Uses as Provided · by Article IV, Section 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes . :<,' Yes .~ ,. " , Yes(a) MANUFACTURED HOME PARK/SUDIVISION DISTRICT (MHP/SD) One-Family Dwelling Detached Park~layground/Similar Public Site Public Recreation Center New and Unlisted Uses as Provided by Article IV, Section 4 Yes OFFICE AND PROFESSIONAL DISTRICT (OP) REFERENCE ARTICLE XIV, SITE PLAN APPROVAL, SECTION 2.2 Bank or Savings and Loan Office Barber and Beauty Shop Book and Stationery Store Cafeteria/Restaurant Cleaning/Laundry Pick-up Station Clinic, Medical or Dental Commercial Parking Lot/Parking Garage Day Nursery/Kindergarten Drugstore/Pharmacy Florist Shop Hospital Hotel/Motel Key Shop Yes Yes Yes Yes Yes (a) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes February 20, 2004 Laboratory, Medical or Dental Library/Art Gallery/Museum Medical Appliances, Fittings/Sales Optical Shop Personal Custom Services (Tailor/Milliner Related) Print Shop Private Club Private Tennis Club Professional Office Studio, Health/Reducing or Similar Service Studio, Photographer/Artist/Music/DramafDance Tavern Travel Bureau or Consultant New and Unlisted Uses as Provided by Article IV, Section 4 ~NEIGHBORHOOD SERVICES DISTRICT (NS) REFERENCE ARTICLE XIV, SECTION 2.2 Amusement, Commercial Indoor Animal Clinic or Pet Hospital (No Outside Pens) Antique Shop Appliance Sales/Repairs Art Supply Store Auto Parts Sales (In Building) Bakery/Confectionery Shop (Retail Sales) Bank or Savings and Loan Office Barber and Beauty Shop Book and Stationery Store Cafeteria/Restaurant/Drive-In Restaurant Camera Shop Car Wash Civic Center Cleaning/Laundry Pick-Up Station Cleaning/Laundry Self Service Store Convenie,nce Store Day Nursery Drugstore/Pharmacy Florist Shop Furniture Appliance Store Garden Shop and Plant Sale Gasoline Service Station Grocery Store Hardware Store SPECIFIC USE PERMIT REQUIRED Yes Yes SITE PLAN REQUIRED Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes (a) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes February 20, 2004 SPECIFIC USE PERMIT REQUIRED Heating/Air Conditioning (Retail) Hobby Shop Key Shop Library/Art Gallery/Museum Maintenance Repair Services (House Medical Appliances, Fittings/Sales Package Store Print Shop Professional Office Retail Shops/Apparel/Accessories/Gifts and Similar Consumer Items Yes Shoe Repair Shop Repair Social and Recreational Center Yes Studio, Decorator and Display of Art Objects Yes Studio, Health/Reducing or Similar Service Studio, Photographer/Artist/Music/DramaJDance Swimming Pool (Private) .'~ Variety Store Video Sales and Rental New and Unlisted Uses as Provided by Article IV, Section 4 Yes SITE PLAN REQUIRED Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 'Yes "~Yes Yes Yes (a) GENERAL BUSINESS (GB) REFERENCE ARTICLE XIV, SECTION 2.2 Airport, Heliport or Landing Field Amusement, Commercial or Outdoor/Indoor Animal Clinic, or Pet Hospital (No Outside Pens) Antique Shop Appliance Sales/Repairs Art Supply Store Auto Laundry Auto Painting and Body Shop Auto Parts Sales (In Building) Auto Sales - New or Used Car Lot (Open) Bakery/Confectionery Shop (Retail Sales) Bakery/Wholesale Bank or Savings and Loan Office Barber and Beauty Shop Boarding or Rooming House Book and Stationery Store Building Material Sales Cabinet or Upholstery Shop Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes February 20, 2004 Cafeteria/Restaurant/Drive-In Restaurant Camera Shop Car Wash Civic Center Cleaning/Laundry Pick-Up Station Cleaning/Laundry Self-Service Shop Cleaning Shop/Laundry, Commercial Clinic, Medical or Dental Commercial Parking Lot/Garage Convenience Store Country Club Dance Hall/Night Club Day Nursery/Kindergarten Department Store/Discount House Drive-In theater Drugstore/Pharmacy ~ ~'~Fairgrounds 'Florist Shop Fraternity/Sorority Lodge or Civic Club Furniture Store Garden Shop and Plato Sales Gasoline Service Station Grocery Store Handicraft and Art Object Sales Hardware Store Heating/Air Conditioning (Retail) Hobby Shop Home for Alcoholic, Narcotic or Psychiatric Patients Yes Hospital Hotel/Motel Laboratory, Medical or Dental Laboratory, Scientific or Research Library/Art Gallery/Museum Maintenance and Repair Services, (Residential) Medical Appliances, Fittings/Sales Mortuary One-Family Dwelling Optical Shop Package Store Paint Shop (Retail) Pawn Shop Personal Custom Services, Tailor/Milliner Related Pet Shop - Small Animals, Birds, Fish Plumbing Shop (Retail) SPECIFIC USE PERMIT REQUIRED Yes SITE PLAN REQUIRED Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes · '-. !.'. Yes~ · ~ :.,. Yes : '. .... Yes · :'.. :'Yes : .. i~ ,Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes February 20, 2004 SPECIFIC USE PERMIT REQUIRED SITE PLAN REQUIRED Print Shop Private Club Private Tennis/Swim Club Professional Office Public Recreation Center Radio or TV Transmitting Station (Commercial) Radio, Television or Microwave Towers Railroad/Bus Passenger Station Residence Home for Aged Retail Shops, Apparel/Accessories/Gifts and Similar Consumer Items Seat Cover or Muffler Installation Shop Shoe Repair Social and Recreational Building Storage Warehouse '~:iSmdio, Decorator and Display of Art Objects .!~ Studio, Health/Reducing or Similar Service ~,..~:i~.Studio, Photographer/Artist/Music/Drama~ance ~ "~.Swimming Pool (Private) ~ ." Tavern "'Telephone Business Office Trade Commercial Schools Trailer/Mobile Home Sales or Rental Only Travel Bureau or Consultant Variety Store New and Unlisted Uses as Provided by Article IV, Section 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes ;~ Yes '~ ~Yes ~'~ Yes ,. · ~ '~ Yes , .-'.~ ~-'Yes Yes Yes Yes Yes Yes Yes (a) MANUFACTURING DISTRICT (M-l) REFERENCE ARTICLE XIV, SECTION 2.2 Adult Bookstore, Adult Motion Picture, Theater, Nude Live Entertainment Club, Video Store, Massage Parlor, Love Parlor, Adult Arcade, Nude Model Studio, Escort Agency and Adult Motel (When Permitted by Law and Article XVIII, Section 6 this Code) Accessory Buildings, Residential Airport, Heliport or Landing Field Agricultural Animal Husbandry Agricultural Field Crops Amusement, Commercial or Outdoor/Indoor Animal Clinic, or Pet Hospital (No Outside Pens) Antique Shop Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes February 20, 2004 Art Supply Store Auto laundry Auto Painting and Body Shop Auto Sales and Repairs (In Building) Auto Sales - New or Used Car Lot (Open) Bakery/Confectionery Shop (Retail Sales) Bakery/Wholesale Bank or Savings and Loan Office Barber and Beauty Shop Book and Stationery Store Building Material Sales Cabinet or Upholstery Shop CafeteriaJRestaurant Camera Shop Civic Center . Cleaning/Dyeing/Laundry Plant, .Commercial · Cleaning/Laundry Pick-Up Station · Cleaning/Laundry Self-Service Shop Cleaning Shop/Laundry Clinic, Medical or Dental Commercial Parking Lot or Structure, Auto Contractors Storage/Equipment Yard Country Club Dance Hall/Night Club Department Store/Discount House Drag Strip Drive-In Theater Drugstore/Pharmacy Fairgrounds Farm Accessory Building Farm, Ranch or Orchard Florist Shop Furniture Appliance Store Garden Shop and Plant Sales Gasoline Service Station Grocery Store Handicraft and Art Object Sales Hardware Store Heavy Machinery Sales/Storage/Repair Hobby Shop Key Shop Laboratory, Manufacturing Laboratory, Medical or Dental Laboratory, Scientific or Research SPECIFIC USE PERMIT REQUIRED Yes SITE PLAN REQUIRED Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes · '..~ Yes :'Yes Yes ' Yes · Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes February 20, 2004 SPECIFIC USE PERMIT REQUIRED Letter/Mimeograph Shop Library/Art Gallery/Museum Lithographer/Print Shop Maintenance and Repair Services Manufacturing Industrial Storage or Assembling Process Medical Appliances, Fittings/Sales Milk Depot Dairy/Ice Cream Plant Mortuary Off-Street Parking Incidental to Main Use Open Storage and Sale of Furniture Appliances and Machinery Optical Shop Package Store Paint Shop (Retail) Pawn Shop Personal Custom Services, Tailor/Milliner Related Pet Shop - Small Animals, Birds, Fish Plumbing Shop (Retail) Private Club Private Tennis/Swim Club Professional Office Public Recreation Center Radio or TV Transmitting Station (Commercial) Radio, Television or Microwave Towers Railroad/Bus Passenger Station Railroad Team Track/Freight Depot Railroad Tracks and R.O.W. Repair of Appliances, TV's, Radios and Similar Equipment Retail Shops, Apparel/Accessories/Gifts and Similar Consumer Items Sales and Service, New and Used Auto Accessories and Pans (In Building) Seat Cover or Muffler Installation Shop Servant or Caretaker Quarters Yes Shoe Repair Social and Recreational Building Storage Warehouse Studio, Decorator and Display of Art Objects Studio, Health/Reducing or Similar Service Studio, Photographer/ArtisUMusic/Drama/Dance Swimming Pool (Private) Yes Tavern Yes Telephone Business Office Tire Retreading and Capping Trade Commercial Schools SITE PLAN REQUIRED Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes February 20, 2004 Trailer/Mobile Home Sales or Rental Only Travel Bureau or Consultant Variety Store Veterinary Hospital or Kennel (Outside Pens) Veterinarian Office (No Animal Hospital) Welding or Machine Shop Wrecking or Salvage Yard for Autos or Parts New and Unlisted Uses as Provided by Article IV, Section 4 SPECIFIC USE PERMIT REQUIRED Yes Yes SITE PLAN REQUIRED Yes Yes Yes Yes Yes Yes Yes Yes (a) MANUFACTURING DISTRICT (M-2) All Development in this District Yes Yes SINGLE-FAMILY RESIDENTIAL/AGRICULTURAL DISTRICT (RA). ' REFERENCE ARTICLE XIV, SECTION 2.2 Accessory Building, Residential Agricultural Animal Husbandry Agricultural Field Crops Cemeteries Dog Kennels Farm/Ranch Accessory Building Fish Farms Fruit and Nut Orchards Golf Courses Mobile Homes (See Provisions, Article III, Section 2, Para 2.8 Non-Commercial Farms (Hobby Farms) One-Family Dwelling Detached Parks Plant Husbandry Tree Nurseries Truck Farms New and Unlisted Uses as Provided by Article IV, Section 4 Yes Yes .. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes (a) February 20, 2004 ARTICLE VI- DENSITY AND DIMENSIONAL REQUIREMENTS SECTION 1 Residential Densities Page SECTION 2 Minimum Lot Size SECTION 3 SECTION 4 Minimum Yard Setbacks (Residential) Accessory Structures SECTION 5 SECTION 6 Building Separation (Residential) Maximum Building Height SECTION 7 Location of Structures TABLES: Table VI-A Dimensional Requirements Residential Zoning Districts . Table VI-B ' Dimensional Requirements Non-Residential Districts Table VI-C Dimensional Requirements Special Districts ARTICLE VI - DENSITY AND DIMENSIONAL REQUIREMENTS SECTION 1 - RESIDENTIAL DENSITIES VI.I.1 No lot used for residential purposes shall have a development density (i.e., units per acre) sreater than that indicated in Table VI-A "Dimensional Requirements Residential Zoning Districts." VI.1.2 Area, setback, height and dimensional requirements: Ao All lots developed for residential purposes shall comply with the lot area, minimum setbacks and height requirements established in Table VI-A for the zoning district(s) in which the lot(s) is/are located. All lots developed for allowed non-residential purposes, within residential zoning districts, shall comply with lot, area and height requirements established in Table VI-A for the zoning district(s) in which the lot(s) is/are located. Minimum front yard setbacks for said non-residential structures shall be twenty-five (25) feet. Minimum side yard setbacks for said non-residential structures shall be ten (10) feet for an internal lot and twenty-five (25) feet for a side yard adjacent to a street. Minimum rear yard setbacks for said non-residential structures shall be twenty (20) feet. Bo 'All lots developed for non-residential purposes shall comPly with lot,. area, minimum setbacks, and maximum height requirements established for the zoning district(s) in which the lot(s) is located. SECTION 2 - MINIMUM LOT SIZE VI.2.1 All lots shall have at least the minimum area, width and depth as indicated in the Tables VI A, B, and C set forth in this Article. VI.2.2 This revised Unified Development Code does not affect any duly approved executed plat recorded prior to its enactment; and therefore does not require existing plats to be changed to meet newly imposed requirements. VI.2.3 Platted subdivisions established by a duly approved plat filed prior to adoption of this Code shall be exempt from meeting any new lot width, depth, and/or square footage requirements. VI.2.4 No lot existing at the time of passage of this Code shall be reduced in size below the minimum area requirements set forth in Tables VI A, B, and C. VI.2.5 Minimum lot size requirements shall not apply to previously platted lots that are annexed into the City of Schertz, but shall apply in the event of a vacation and replat of such property. All other requirements of this Code shall nevertheless apply. SECTION 3 - MINIMUM YARD SETBACKS (RESIDENTIAL) VI.3.1 No portion of any building may be located on any lot closer to any lot line Or to the street right-of-way line than is authorized in Table VI-A set forth in this Article unless otherwise listed below: me Be Co Do Eo Fo Where the frontage on one side of a street is divided by two or more zoning districts, the front yard setback shall comply with the requirements of most restrictive district for the entire frontage between the nearest intersecting streets. Where the building setback line has been established by plat and exceeds the requirements of this Code, the more restrictive setback line shall apply. The front yard setback shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard, not to exceed two (2) feet. 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 yard, and roof eaves projecting not to exceed twenty-four (24) inches into the required side yard. 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 overhangs and other architectural features projecting not to exceed ten (10) feet imo 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 accordance with the following provisions: Ge Ho o 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. e Inner Courts Residential Structures: For residential structures thirty-five (35) feet or less in height, 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 exceed thirty (30) feet, even though the height of the enclosing walls may exceed such dimension. Where lots have double frontage, running from one street to another, a required front yard setback shall be provided on both streets. Mixed Use Building: In a building serving dwelling and other uses, in any district, the height and area regulations applicable to non-residential buildings shall apply. SECTION 4- ACCESSORY STRUCTURES VI.4.1 Yard Setbacks A. No accessory building, as permitted herein, shall occupy more than forty (40) percent of the required rear yard. B. Accessory buildings shall be set back three (3) feet from common property lines, provided however, that where the rear lot line is the line of an easement, no setback shall be required. In areas where a fence separates the rear yard from the alley, the three (3) foot setback shall apply. C. No accessory building may be closer than ten (10) feet to the main building. D. No detached accessory use or structure shall be allowed in the front or side yard. E. Attached accessory uses or structures shall comply with the front, side and rear setbacks and height restrictions established for the primary structure and/or this Section. F. The wall height of the accessory building shall be limited to not more than eight (8) feet and total building height shall not exceed fifteen (15) feet. This is only applicable to platted subdivisions with a specific lot size e.g. 80' x 100' and is not intended to be applicable for one-owner multiple acre residence. In this instance, a variance is not required and the total building height cannot exceed thirty-five (35) feet. G. Storage buildings that are accessory to a. principal residential use on the same lot shall require administrative site plan prior to building permit issuance. H. An area zoned "Single Family Residential District (R-2)" may construct a carport under the following guidelines: le It cannot extend past the front property line; . It cannot violate front or side yard setback requirements; . e It must be completely open to the side so as not to obstruct the view of traffic; It may be attached or detached; and o The top covering material may not extend down the sides more than twelve (12) inches. SECTION 5- BUILDING SEPARATION (RESIDENTIAL) VI.5.1 The minimum separation between a main structure and detached accessory structure other than a carport shall be ten (10) feet. VI.5.2 The minimum separation between the main building and an in-ground or above-ground pool, spa, hot tub, playhouse, sauna or gazebo which does not exceed one story in height may be less than ten (10) feet if the structure is contiguous with or an integral part of the main building, and/or the accessory building is engineered by a professional engineer to insure the integrity of the existing (main building) foundation. Ae Bo Such plans indicating the design for any such structure shall be submitted to the Building Inspector for review in connection with the issuance of a building permit; and Setback distances for in-ground or aboveground pools, spas, hot tubs and saunas shall be measured to the outside edge of the beam (structural edge) of the pool, spa, etc. SECTION 6- MAXIMUM BUILDING HEIGHT VI.6.1 VI.6.2 VI.6.3 Subject to the remaining provisions of this Section, building height limitations in the various zoning districts shall be as indicated on the tables in this Article. Subject to the building height limitations in the various zoning districts, the following features may not exceed thirty-five (35) feet above the average grade line of the building: Ao Cooling towers, roof gables, chimneys and vent stacks; revised 7-98 B Co Flagpoles and similar devices; and · ., Heating and air conditioning equipment, solar collectors and similar equipment, fixtures and devices ' Any structure, which overhangs a designated fire lane, as well as any canopy, which overhangs a gasoline service station pump island shall have a minimum vertical clearance of fourteen (14) feet. SECTION 7 - LOCATION OF STRUCTURES VI.7.1 There shall not be more than one (1) residential dwelling on a platted lot of a duly recorded plat of a single-family residential use. =i'HE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT Before me, the undersigned authority, on this date personally appeared ~omm¥' Cro,,~ , known to me, who, being by me duly sworn, on his oath deposes and says that he is the PubliSher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper [ time(s) before the return day named therein, 'such publications being on the following dates: and a newspaper copy of which is hereto attached. Sworn to~a1~d subscribed before me this C~ · '""", A.D., 2004. .. day of 'BY ~ .CITY ~ ClL OF THE crtY OF SCHERTZ: TEXAS AMENDING,THE UNI- FIED. DEVEL0~MENT CODE~ '(ui~)O1~1'" NANCE,' ee~s-~e~ BY R~:8!Ne, ~CLE ~, SlONS, ~A~Tt~ ~s, AR'n~ .... V~, CLE XI, PLATTING; AND'. PROVIDING A' '~ on fi~ r~ lng th~ 17th day of r--~w~ ~. · ~~,. CAROL ANN AVERY .... Notary Public, Guadalupe County, Texas :THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT Before me, the undersigned authority, on this date personally appeared _~ommy C...-' o .# ., known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper / ,. time(s) before the return day named therein, such publications being on the following dates' ! and a newspaper copy of which is hereto attached. Swom tp./and subscribed before me this /,//~¢'z~-A" , A.D., 2004. _ CAROLANNAVERY ~ Notary P~fic Sm~ of fe~s ~ Corn~s~l~ E~ir~ 08-31-2004 ~ day of .... Notary Public, Guadalupe County, Texas