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2005S39-REVISION ARTICLE XVI ORDINANCE NO. ~5' - c:; -3 CJ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDq ORDINANCE 96-S-28 BY REVISING ARTICLE XVI (ADMINISTRATIVE), SECTIONS 3.4 AND SECTION 5.4. PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; SECTION I "THAT, UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amended to delete Article XVI (Administrative), Section 3.4 and Section 5.4, as per attached." SECTION II THAT this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. \ SECTION III THAT all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Approved on first reading the 02-;,.,d. day of aD ~ ,2005. PASSED, APPROVED AND ADOPTED the / ~ 'fL day of ~ ATTEST: ~~~~~ City ecr ary, ity of SChertz, Texas (SEAL OF THE CITY) ,2005. ARTICLE XVI ADMINISTRATIVE PROCEDURES PAGE SECTION 1 Initiation of Application.......................... .XVI-184 SECTION 2 Submittal and Acceptance....... .... ........ ........ .XVI-184 SECTION 3 Authority to Initiate a Request. .......... ........ .XVI-184 SECTION 4 Application Withdrawal...... ..................... ...XVI-185 SECTION 5 Procedures for Zoning Change....................... .XVI-185 SECTION 6 Public Hearing - Planning and Zoning Commission... ..XVI-187 SECTION 7 Public Hearing - City Council.... ................. ..XVI-189 SECTION 8 Board of Adjustment................................ .XVI-191 SECTION 9 Building Permits and Plan Requirements.... ........ ..XVI-195 SECTION 10 Certificate of Occupancy and Compliance... ........ ..XVI-196 SECTION 11 Procedures for Certificate of Occupancy........ .... .XVI-197 SECTION 12 Horne Occupation.................................... .XVI-197 SECTION 13 Home Occupation Permit..............................XVI-199 SECTION 14 Sexually Oriented Business........... ....... ....... .XVI-20l xviii ARTICLE XVI - ADMINISTRATIVE PROCEDURES SECTION 1 - INITIATION OF APPLICATION All platting, zoning and site plan requests to be considered by the Planning and Zoning Commission and matters to be considered by the Board of Adjustments shall be initiated by filing an application with the City Planning Department. The application required by this Section shall be on forms supplied by the City of Schertz and shall be available in the City Planning Department. All requests for building permits shall be initiated by the filing of an application with the City Inspector. SECTION 2 - SUBMITTAL AND ACCEPTANCE No application shall be processed until such application is complete and the fee established in this Code or the Code of Ordinances of the City of Schertz for processing the application has been paid. XVI 3.1 SECTION 3 - AUTHORITY TO INITIATE A REQUEST XVI 3.2 XVI 3.3 All platting, zoning and site plan requests must be initiated by the owner of the affected property or his/her authorized representative who files the required application and pays the appropriate fee for the request, or the City Council may direct the City Manager to initiate such request on behalf of the City. Amendments to this Code may be initiated by the Planning and Zoning Commission or the City Council directing the City Manger to request the Planning and Zoning Commission to consider and make recommendation. The City Manager on his own initiative may request the Planning and Zoning Commission consider an amendment. Matters to be considered by the Board of Adjustments may be initiated by the owner of the affected property or their authorized representative or any aggrieved party who files the required application and pays the appropriate fee, or by any person aggrieved by an administrative officer with authority over any matter appealable to the Board of Adjustments per Section 8 of this Article, or by an officer, department or appropriate board of the City. -184- This page amended 7/05 XVI 4.1 SECTION 4 - APPLICATION WITHDRAWAL XVI 4.2 XVI 4.3 Any request for withdrawal of an application must be submitted in writing to the Director of Planning or designee, or Chief Building Official or designee, whichever is applicable. Once an application for platting, zoning or site plan request to be considered by the Planning and Zoning Commission and/or City Councilor a matter going before the Board of Adjustments has been published in a newspaper or notifications of public hearing, if any, have been mailed, such request for withdrawal must be placed on the public hearing agenda and acted upon by the applicable body. Application fees are not refundable except in cases in which the Planning Coordinator signee determines that an application was accepted in error, or the fee paid exceeded the amount due under the provision of this Code or the Code of Ordinances of the City of Schertz in which case the amount of the overpayment may be refunded to the applicant. XVI 5.1 SECTION 5 - PROCEDURES FOR ZONING CHANGE XVI 5.2 Filing of Application: All petitions for zoning changes,special use permits or amendments to the Zoning Map shall be in writing, signed and filed with the City Planning Coordinator for presentation to the Planning and Zoning Commission. Contents of Petition: All petitions for amendments to this Code shall contain at least the following: A. 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. B. The nature and effect of the proposed amendment. C. A fully dimensioned map showing the following will be provided: (1) A location map and drawing of the land which would be affected by the proposed amendment; (2 ) ( 3) (4 ) A legal description of such land; The present zoning classification The zoning classification of zoning districts; and, of the land; all abutting (5) All public and private -185- rights-of-way and XVI 5.3 7105 easements bounding and consideration. intersecting the land under D. 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. E. The alleged error in this Code, is any, which would be corrected by the proposed amendment together with a detailed explanation of such error in the Code. F. The changed or changing conditions, if any, in the area or in the municipality generally, that make the proposed amendment reasonably necessary. G. Evidence that the petition is in accordance with the Comprehensive Plan. H. All other circumstances, factors and reasons which applicant offers in support of the proposed amendment. Time Limitations: If a petition for rezoning is denied by the City Councilor the Planning and Zoning Commission, another petition for reclassification of the same property or any portion thereof in the same zoning classification shall not be filed within six months from the date of denial. -186- This page amended sECTION 6 - PUBLIC HEARING - PLANNING AND ZONING COMMISSION XVI 6.2 XVI 6.3 XVI 6 . 4 XVI 6.5 The Planning and Zoning Commission shall public hearing and make recommendations to Council on the following matters: conduct a the City A. Text amendments to the Unified Development Code (UDe) ; B. Zoning changes reclassification and Specific Use and map amendments, including of the zoning designations on land Permits; C. Amendments to the Comprehensive Plan; and, D. Replats, when such public hearing is required by the provisions of Local Government Code Section 212. Notice of Public Hearing Before the Planning and Zoning Commission Whenever a public hearing is held regarding a zoning change, map amendment and/or Specific Use permit, written notice of such public hearing shall be placed in the United States mail by the City Planning Department not later than ten (10) calendar days before the date of the public hearing and addressed to: A. The applicant and owners of the property involved in the request as shown on the currently adopted tax rolls of the City of Schertz; and, B. The owners as shown on the currently adopted tax roll of the City of Schertz of any and all property located within two hundred (200') feet of the subject property, exclusive of public right-of-way as prescribed in the Local Government Code Section 212. In addition to Section 6.2, further notice of a public hearing regarding a zoning change, map amendment or Specific Use Permit shall be advertised in a newspaper of general circulation in the City no later than ten (10) days prior to the date of the public hearing. Whenever a public hearing is held regarding a text amendment to the Unified Development Code (UDC), notice of said public hearing shall be advertised in a newspaper of general circulation in the City no later than ten (10) calendar days prior to the date of the public hearing. Whenever required Section with the 212. a public hearing is held regarding a replat, as by the provisions of Land Governments Code 212, notice shall be advertised in accordance provisions of Local Government Code Section XVI 6.6 Public Hearing Postponement, Recess and Continuation -187- XVI 6.7 XVI 6.8 A. A public hearing for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin. B. A public hearing may be recessed and continued any time after the hearing has commenced. c. If a postponement or continuance of a public hearing is rescheduled to a specific date and time no later than 60 days from the first or most recent hearing, the announcement of the postponement of the continuance at the public hearing in which the application has been postponed or continued by the Planning and Zoning Commission shall be sufficient notice and no additional notice is required. D. Postponed or continued public hearings shall be presumed to be held in the same location, unless a different location for the hearing is announced at the time of the postponement or continuance. E. In the event that any request or amendment being considered by the Planning and Zoning Commission, whether or not a public hearing is involved, is continued at the request of the applicant more than one (1) time, an additional fee shall be required as established. Conduct of Public Hearinq: Subject to the chairman's inherent authority to conduct the meetings of the Planning and Zoning Commission, the public hearing shall generally be conducted as follows: A. Report by the Planning Coordinator designee; B. Presentation by the applicant; C. Testimony by parties supporting the application; D. Testimony by parties in opposition to the application; E. Rebuttal by the applicant; F. Closure of the public hearing. Commission Review Criteria Upon the closure of the public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council on the subject application. Recommendations to the City Council will be based upon the following criteria; A. The requested change is in keeping with the Comprehensive Plan adopted by the City Council; -188- Revised 7.98 XVI 6.9 B. There has been environmental and/or economical changes which I warrants a change since its original zoning; C. Granting of the request would not create an incompatible use different from the surrounding property, or show favor to the property under consideration for rezoning (Spot Zoning); and, D. There is an error in the original zoning of the property for which a change is requested. Commission Recommendations A. The Planning and Zoning Commission may recommend that the I request or amendment be approved or disapproved; or B. That the request or amendment be approved or enacted as modified to a more restrictive classification or subject to appropriated conditions as permitted by law; or C. The Planning Department shall forward the report and the Commission's recommendation on all proposed applications and amendments to the City Council unless otherwise provided in this Code. SECTION 7 - PUBLIC HEARING - CITY COUNCIL XVI 7.1 XVI 7.2 XVI 7.3 The City Council shall conduct a public hearing and make determination on the following matters: A. Text amendments to the Unified Development Code (UDC); B. Zoning Changes and map amendments including reclassification of the zoning designations on land and Specific Use Permits; and, C. Amendments to the Comprehensive Plan. Notice of Public Hearinq Before the Citv Council When a public hearing is held regarding one of the subjects mentioned in subparagraph XVI 7.1, a notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Schertz at the time the notice of the Planning and Zoning's public hearing is published. The notification to property owners of the time and place of the Planning and Zoning Commission's public hearing will also contain the time and place of the public hearing by the City Council. Conduct of Public Hearinq Subject to the Mayor's inherent authority to conduct the meetings of the City Council, the public hearing shall generally be conducted as follows: -189- Revised 7~98 XVI 7.4 A. Report by the City Manager or designee of the recommendation of I the Planning and Zoning Commission; B. C. Presentation by the applicant; Testimony by parties supporting the application; D. Testimony by parties in opposition to the application; E. Rebuttal by the applicant; F. Closure of the public hearing. Citv Council Approval or Denial Following the closure of the public hearing, the City Council may take the following actions: A. The City Council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. Such approval of any request for a text amendment to the Unified Development Code or a zoning change and map amendment shall be granted only if the Council determines that the request or amendment is consistent with the Comprehensive Plan and the purposes of the Unified Development Code. In the event the request or amendment concerns a text amendment to the Unified Development Code or a zoning change and map amendment, the Council shall amend the Unified Development Code or the official Zoning Map, whichever is applicable. B. The City Council shall be at liberty to either approve application as submitted, approve with additional changes made at the councils' discretion, or reject the application, changes or modifications recommended by the Council shall be part of the amendment to the UDC changing the zoning classification. C. A proposal to rezone a tract or parcel of land which has been previously rejected by the City Council may be resubmitted within six months if there is an actual change in conditions relating to zoning principles of the tract or parcel of land or the property surrounding it. In that event, the applicant must submit to the Planning Coordinator, in writing, a resume describing such changed conditions. The Planning Coordinator shall investigate the property or cause such an investigation to be made and shall report to the Planning and Zoning Commission whether or not such changed conditions exist. Upon hearing said report, the Planning and Zoning Commission shall either grant or deny the request to re-file the proposal for rezoning. -190- Revised 7-98 XVI 7.5 SECTION 8- XVI 8.1 D. If the City Council does not pass an amendment to the UDC approving the requested amendment supplement or change, an application for a Specific Use Permit, or change in a zoned district, the disapproved application shall not again be considered until after the expiration of six (6) months from the date when the proposed amendment, supplement or change was disapproved. The request may be reconsidered prior to the completion of the six (6) months. It must be shown that a substantial change in conditions have taken place in the vicinity at the property to be rezoned. The procedures for resubmitting the application for rezoning shall be the same as if the applicant has never filed a previous application for a zoning change. Protest of Proposed Chanae in Zonina Property owners, adjacent to and within a radius of two hundred (200') feet of a property for which a change in zoning is being considered, have the right to file a written protest against the request. The land area of this two hundred (200') feet radius includes streets, alleys and other public right-of-way. Whenever such written protest is signed by the owners of twenty (20%) percent or more of the area of the lots or land included in such zoning change, or of the lots or land immediately adjoining the same and within the above mentioned two hundred (200') feet radius, such change in zoning shall not become effective except by a favorable vote of three-fourths (3/4) of all members of the City Council. For purposes of determining representation on said written protest, the written protest of anyone owner of land owned by two or more persons shall be presumed to be the protest of all owners. BOARD OF ADJUSTMENT Creation and Purpose A Board of Adjustment (BOA) is created pursuant to Section 8.02 of the City Charter for the following purposes: A. To hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official in enforcement of the zoning and building code. B. To hear and decide Special Exceptions to the terms of the Code in appropriate cases and subject to appropriate conditions and safeguards. Special Exceptions must be consistent with the general purpose and intent of the Code and in accordance with any applicable rules contained in the Code. -191- Revised 7-98 XVI 8.2 XVI 8.3 C. To authorize on appeal, variances from terms of the Code that will not be contrary to the public interest, when because of special conditions a literal enforcement of the Code will result in unnecessary hardship, so the spirit of the Code will be observed and substantial justice done. D. Additional duties may be assigned by the City Council as deemed necessary in pursuit of the spirit and intent of the Code. Membership and Appointment A. The BOA shall consist of five (5) members who shall be appointed by City Council. Each member of the BOA shall be appointed for a term of two (2) years. All cases before the BOA must be heard by a minimum of four members. The concurring vote of at least 75% of the members is required to reverse administrative decisions, grant Special Exceptions, authorize variances and take any other action authorized by this Ordinance. B. The City Council may remove members of the BOA from office for cause which may include three (3) consecutive unexcused absences from regularly called meetings, on a written charge after a public hearing. A vacancy on the BOA shall be filled by appointment by the City Council for the unexpired term. C. The BOA members shall elect a Chairman, Vice-Chairman, Secretary and other officers they deem necessary. Upon notification by the BOA Secretary of an appeal forwarded from the Planning and Zoning Commission, the Chairman, or in the absence of the Chairman, the Vice-Chairman, will schedule a public hearing to hear and act upon the appeal. D. Other than the Chairman and Vice-Chairman, who shall be members of the BOA, the Secretary and such other officers as the BOA deems necessary may be selected either from the BOA's membership or from Staff representatives assigned to the BOA by the City Manager of Schertz to work with the BOA. E. The BOA shall establish rules and keep minutes in accordance with applicable law. F. Copies of all actions by the BOA will be sent to the City Council for information purposes. 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 -192- Revised 7-98 permanently injured, the BOA 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 BOA shall not permit, within any district, a use that is not permitted in that district (as defined in the Code) and the district regulations set forth in this Code. The BOA shall not permit any variations or exception if the applicant has contributed to the cause of the unnecessary hardship of which he complains, to the authority and power. XVI 8.4 The Board of Adjustment may allow the following: A. The reconstruction of a building occupied by a non-conforming use, provided such reconstruction does not prevent the eventual return of such property to a conforming use. B. 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. C. 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 Code. D. Reduce required off-street parking if it can be shown that the required minimum as herein established will not at any time be necessary because of the character of the proposed uses and a probable limited quantity of employees, clients, customers or tenants. E. Decide appeals where it is alleged there is error in the order, requirement, decision or determination made by the Building Official in the enforcement of this Code. XVI 8.5 Application for Special Exception All applications for Special Exception shall be by appeal to the BOA and must state the grounds for the appeal. Appeals to the BOA may be initiated by the owner or authorized representative of the affected property or any person aggrieved by any officer, department or board of the City affected by any decision related to land use. Such appeals shall be forwarded first to the Planning and Zoning Commission (P&Z) for review. Appeals will be reviewed by the P&Z during the next regularly scheduled P&Z meeting following which the P&Z shall forward the recommendation, including full written justification either for or against the request, -193- XVI 8.6 XVI 8.7 XVI 8.8 XVI 8.9 to the BOA. Upon receipt of the P&Z recommendation, the BOA Secretary will schedule a public hearing for the purpose of the appeal as provided by the rules of the BOA. The BOA Secretary will transmit to the Board all papers constituting the record on which the action appealed from was taken. Stay of Proceedings An appeal shall stay all proceedings in the matter appealed, unless the Officer from whom the appeal is taken has certified to the BOA that a stay would, in his opinion, cause imminent peril of life or property. Hearings of Appeals The BOA 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 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 description of the land which the matter concerns. The BOA shall mail notices of such hearings to the petitioner and owners of property lying within two hundred (200') 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 determined according to the current tax rolls of the City. In exercising its powers, the BOA may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the BOA shall be necessary to decide in favor of an applicant on any matter upon which the BOA is required to pass upon under this Code other than an appeal. Court Appeal Any person or persons, jointly or severally aggrieved by any decision of the BOA 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 verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the BOA. Writ of Certiorari Upon the presentation of such petition, the court may allow a writ of certiorari directed to the BOA to review such decision of the BOA and shall prescribe therein the time within which a return thereto must be made and served, which shall not be less than ten (10) days and -194- XVI 8.10 XVI 8.11 XVI 8.12 may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the BOA, and on due cause shown, grant a restraining order. Return of Certified Copies The BOA shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The returned copies shall concisely set forth such other facts as may be pertinent and materials 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 evidence as it may direct and report the same to the court with his/her 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 BOA 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 proceedings under this Article shall have preference over all other civil actions and proceedings. Fees (See Schedule of Fees) Disqualification from Voting A member of the BOA shall disqualify himself or herself from voting whenever he or she finds the following conditions exist: A. a personal or monetary interest relevant to the appeal before the BOA; B. he or she will be directly affected by the decision of the BOA; or, C. whenever any applicant, or their agent, has sought to influence the vote of the member on the application, other than in the public hearing. XVI 9.1 SECTION 9 - BUILDING PERMIT AND PLAN REQUIREMENTS be in conformance with A. Building permits shall current building codes. B. 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. -195- XVI 9.2 Effect Upon Existing Permits, Agreements and Rights A. Existing Permits and Private Agreements: This UDe is not intended to abrogate or annul: (1 ) Any permits issued before the of this Code; or, effective date (2) Any easement, covenant or any agreement more restrictive provisions of this Code. other private than the B. Preserving Rights in Pending Litigation and Violations Under Existing Code: By the passage of this Code, no 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. Otherwise, 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 Code that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this Code; but prosecutions and suits for such offenses, liabilities, penalties or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this Code; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures, may be instituted or causes presently pending be proceeded within all aspects as if such prior Ordinance has not been repealed. XVI 10.1 SECTION 10 - CERTIFICATES OF OCCUPANCY AND COMPLIANCE XVI 10.2 Certificates of Occupancy shall be required for: A. Occupancy and use of a building hereafter erected or structurally altered by more than 50%. B. Change in use of an existing building to a use of a different classification. C. Occupancy and use of vacant land. D. Change in the use of land to a use of a different classification. E. Any change in the use of a non-conforming use. No such occupancy, use, or change of use shall place until a Certificate of Occupancy therefore been issued by the Building Official. take has Certificates of Occupancy for Non-Conforming Uses -196- A Certificate of Occupancy shall be required for all lawful non-conforming uses of land or buildings created by adoption of this Code. 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 year of the effective date of this Code. It shall be the duty of the Building Official to issue a Certificate of Occupancy for a lawful non-conforming use, 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 Code. SECTION 11 - PROCEDURE FOR CERTIFICATE OF OCCUPANCY A. 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 notification 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 in conformity with the provisions of this Code, the Certificate of Occupancy therefore shall be issued. B. Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all the provisions of law. A record of all Certificates of Occupancy shall be kept on file in the office of the Building Official or his agent. SECTION 12 - HOME OCCUPATIONS XVI 12.1 Purpose and Intent A. Protect residential areas from adverse impact of activities associated with home occupations. B. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income. C. Establish criteria and development standards for home occupations conducted in dwelling units. XVI 12.2 Definitions A. Horne Occupation Any business or commercial -197- activity that conducted from residential use. is conducted or petitioned to property that is zoned be for B. Home Occupation Permit - a permit issued for a home occupation that is authorized by this Section. XVI 12.3 Home Occupations - Required Conditions A. The area set aside for home exceed twenty (20%) percent area of such residence. occupations shall not of the total floor B. No interior permitted regulations or exterior business sign shall be unless authorized by the sign for residential districts. C. No mechanical equipment is used except of a type that is similar in character to that normally used for purely domestics or household, mechanical equipment as for hobby purposes in conjunction with the home occupation. D. On the premises, retail sales shall be prohibited except for the retail sales of products as goods produced as fabricated on the premises as a result of the home occupation. E. Only members of the immediate family permanently residing on the premises shall be employed in the home occupation. F. In no case public at later than shall a home occupation be open to the times earlier than 8:00 a.m. and no 10:00 p.m. G. No more than one home occupation shall be permitted within any single dwelling unit. H. A home occupation shall be carried on wholly within the principal building. No home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached, excluding paints that may be used in the home occupation. I. There shall be no exterior indication occupation or variation from the character of the principal building. of the home residential J. There shall be no exterior storage of materials to be used in conjunction with a home occupation. K. A home occupation shall produce no offensive noise, vibration, smoke, electrical interferences, dust, odors, or heat detectable beyond the property limits or beyond the walls of the -198- dwelling unit. The judgment of the City of Schertz Inspector shall be considered decisive and final in this matter unless formally appealed to the Board of Adjustments within thirty (30) days of the City of Schertz Inspector's written determination. L. All home occupations may be subject to periodic inspections. XVI 13.1 XVI SECTION 13 - HOME OCCUPATION PERMIT XVI 13.2 XVI 13.3 Purpose To establish a method to allow the City of Schertz to regulate and control non-residential activities and maintain a record of the types and numbers of home occupations in the City. Permit Required Each resident within the City of Schertz that has, or shall have, an authorized home occupation, is required to have a Home Occupation Permit. Application for Home Occupation Permit A. Applicant shall apply to the City Inspector for a Horne Occupation Permit. B. The City Inspector may home occupation meets established in Subsection permit if the requirements Article. issue all 12.3, the the this C. The City Manager is authorized to make the determination and grant approval for the permit on those applications the City Inspector believes do not meet the requirements in Subsection 12.3, this Article. D. Those applications disapproved by the will be forwarded to the Planning Commission for determination. City Manager and Zoning E. The Board of Adjustment will be the final judgment Appeals must be submitted to the Board of Adjustments and Appeals within thirty (30) days of the Planning and Zoning Commission's disapproval. F. All home occupation applications considered by the Planning and Zoning Commission will require the presence of the applicant at the meeting when said application is reviewed. XVI 13.4.1 SECTION XVI 13.4 Supporting Documents Signed Statement One type of supporting evidence that may be submitted to the Planning and Zoning Commission for their consideration is a signed statement by each property -199- XVI 13.4.2 XVI 13.4.3 XVI 13.5 XVI 13.6 XVI 13.7 owner up to within two hundred (200') feet of the property on which the home occupation is to occur, stating that said property owner has no objection to the existence of the proposed home occupation. An example of such a statement is as follows: "I (name) advised by request to Permit for occupation) Occupation reflected in the property owner at (address) have been (name of home occupation applicant) of his the City of Schertz for a Home Occupation the purpose of conducting (type of home and I have no objection to the Home Permit being granted for the purpose this statement. Signature of neighboring property owner and date." Statement from Property Owner An applicant who is renting the property on which home occupation permit is requested will obtain written statement from the owner of the property. owner will state that he/she has no objection to home occupation on the property. a a The the Persons with Demonstrated Physical Handicaps Persons with physical handicaps may be permitted special consideration. The applicant may request waiver of a portion or all of one or more of the requirements for a home occupation. Granting of Exception It shall be the responsibility of the applicant to submit sufficient evidence to justify the granting of an exception to any of the requirements in Subsection 12.3, this Article. The Planning and Zoning Commission's responsibility shall be as follows: A. Review applications and supporting documents and hear applicant's comments. B. Notify applicant within five (5) days, in writing, of the disapproval and reason(s) thereof. C. Advise applicant of his/her rights to appeal the decision to the Board of Adjustment within thirty (30) days. Conditions Applicable to Home Occupation Permits A. Validation: A home occupation remains valid for a period of one (1) year. B. Renewal: Permits shall be renewed annually. c. Inspection: The City Inspector{s) are to periodically, at least annually, premises to ensure full compliance -200- authorized enter the with these requirements. D. Termination: When a home occupation is found in non-compliance with the requirements outlined in Section 4, the permit will be terminated immediately. E. Renewal of Terminated Permits: Procedures outlined in this Section for the issuance of a permit will be followed. XVI 14.1 XVI SECTION 14 - SEXUALLY ORIENTED BUSINESS XVI 14.2 XVI 14.3 XVI 14.3.1 Purpose and Intent A. Regulate sexually oriented health, safety and general of the City. business to promote the welfare of the citizens B. Establish reasonable and prevent the concentration businesses within the City. uniform regulations to of sexually oriented C. Not to impose a limitation content of any communication sexually oriented material. or restriction on the materials, including D. Not to restrict or deny access sexually oriented material protected Amendment to the U.S. Constitution. by adults to by the First E. Not to deny access to distributors or of sexually oriented entertainment intended market. exhibitors to their Definition Sexually Oriented Business means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage parlor, nude model studio or love parlor or other commercial enterprises the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. Location Restrictions A sexually within 1,000 of Location oriented business feet of: will not be operated A. a church; B. a public or private school; C. a boundary of the current district as defined on the City Secretary's a residential Zoning Map in -201- XVI 14.3.2 XVI 14.3.3 XVI 14.3.4 office; D. a public park adjacent to a residential district; E. the property residential use line of a as defined in lot this devoted Code; or, to a F. another sexually oriented business already in existence or the site of another sexually oriented business for which a building or occupancy permit has been applied for. Number of Businesses per Building/Structure No more .,than one (1) sexually oriented business shall be operated, maintained or established in the same building, structure or portion thereof. Distances from Buildings/Structures Distances from building structures or objects listed in paragraph 14.3.1 above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, or public or private school, or to the nearest boundary of an affected public park, residential district or residential lot. License Required Each sexually oriented business must be licensed to operate as outlined in Schertz Code of Ordinances, Section 15 1/2. -202-