1987S1- ZONING ORDINANCE
, ""'~".N"""," I
ORDINANCE NO. 87-S-1
AN ORDINANCE
BY THE: PROVISIONS OF ARTICLE 1011a, REVISED CIVIL
STATUTES OF TEXAS, TO REGULATE THE LOCATION, HEIGHT,
BULK, NUMBER OF STORIES, AND SIZE OF BUILDINGS; OPEN
AREAS; LOT COVERAGE; DENSITY AND DIsm IBUTION OF
POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES;
TO REOUIRE OFF-STREET PARKING AND LOADING; AND FOR SAID
PURPOSES TO DIVIDE THE CITY INTD DISTRICTS OF SUCH
NUMBER, SHAPE, SIZE AND CHARACTERISTICS AS MAY BE
ADVISABLE TO CARRY OUT THESE REGULATIONS; TO PROVIDE
FOR IT'S ENFORCEMENT; TO PROVIDE FOR A BOARD OF AD-
JUSTMENT; TO PRESCRIBE PENALTIES FOR THE VIOLATION
OF IT'S PROVISION; AND TO PROVIDE AN EFFECTIVE DATE AND
REPEAL ALL ORDINANCES IN CONFLICT.
WHEREAS, the City Council of the City of Schertz adopted a
Zoning Ordinance in 1974 in accordance with a Comprehensive Plan;
and
WHEREAS, the City Council of the City of- ScheF'tz bel ieves
that certain changes, additions and amendments are necessary, and
for clarification and practical purposes a new Zoning Ordinance
should be adopted; and
WHEREAS, the City Council of the City of Schertz deem it
necessary to prevent congestion on streets; to secure safety From
fire, flood and other dangers; to promote health and general
,"el fare; to pF'OV i de adequate 1 i ght and a iF'; to pF'event the
overcrowding of land; to avoid undue concentration of- population;
to facil itate the adequate provisions of transportation, water,
sewerage, schools, parks and other pub1 ie requirements; to
preserve the natural environment; and to encourage the most
appF'orwiate USE; of land throughout the City, all in acc:oF'danee
with a Master Plan, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHEJ<TZ, TEXAS:
"
TABLE OF CONTENTS
CITY OF SCHERTZ, TEXAS
ARTICLE I
PREAMBLE
Sec t i on 1
Section 2
Section 3
ARTICLE II
Title
Enacting Clause
Purpose
1
1
1
DISTRICTS, BOUNDARIES, OFFICIAL ZONING
MAP, NEW AND UNSCHEDUL.ED USES, AND
COMPLIANCE REQUIRED
Sect i on 1 Distr'icts 1
Sec t i on 2 Boundaries 2
Section 3 O"icial Zoning Map 3
Section 4 Classification of Net" and
Unscheduled Uses 3
Sect i on 5 Comp 1 i ance Requ ired 4
ARTICL.E III NEWL.Y ANNEXED TERR nORY
Section 1
ARTICLE IV
Annexed Territory-Temporary
Classi'ication
5
PREDEVELOPMENT DISTRICT (PDI REGULATIONS
Sec t i on 1
ARTICLE V
Regulations Predevelopment
Distr'ict
5
SINGLE FAMILY DWELLING DISTRICT
REGULATIONS R--l
>.
Section 1
See t i on 2
Section 3
ARTICLE VI
Use Regulations
Height Regulations
Ar'ea Regulations
6
6
6
SINGLE FAMILY DWEL.LING DISTRICT
REGULATIONS R-2
See t i on 1
Sec t i on 2
Section 3
ARTICLE VII
Use Regulations
Height Regulations
Area Regulations
7
'7
7
SINGLE FAMILY DWEL.LING DISTRICT
REGULATIONS R-6
Sec t i on 1
See t i on 2
Section 3
Use Regulations
Height Regulations
Area Regulations
9
9
9
-i-
ARTICLE VI I I
ARTICLE I X
ARTICL,E X
ARTICLE X I
ARTICLE XII
ARTICLE X I II
SINGLE FAMILY DWELLING MANUFACTURED
HOUSING DISTRICT REGULATIONS R-'7
Section 1
Sec t i on 2
Sec t i on 3
Use Regulations
Height Regulations
Ar'ea Regulations
TWO FAMILY DWELLING DISTRICT R-3
Sec t i on 1
See t i on 2
Section 3
Use Regulations
Height Regulations
Area Regulations
APARTMENT /MULTI'FAMILY DWELLING
DISTRICT R--4
Sec t i on 1
Sec t i on 2
Section 3
Use Regulations
Height Regulations
Area Regulations
GARDEN HOME DWELLING DISTRICT
R-5A & R.'5El
See t i on 1
See t i on 2
Section 3
Sec t i on 4.
See t ion 5
Section 6
Use Regulations
Height RegulatiOns
Garden Home Dwell ing
District R-5A
Area Regul at ions 'or' R-5A
Zero Lot Line Construction
Gar'den Horne D".lE' 11 i ng
District R-58 Conventional
or Traditional Construction
Area Regulations 'or R-58
Conventional or Traditional
Constr'uct i on
M08ILE HOME DISTRICT
Sec t i on 1
Section 2
Section 3
Use Regulations
Height Regulations
Ar'ea Regu 1 at ions
OFFICE & PROFESSIONAL DISTRICT
Sec t i on 1
Section 2
Section 3
Sec t i on 4
Section 5
Pur'pose
General Provisions
Use Regulations
Height Regulations
Ar'ea Regul at ions
-;;-
10
10
10
11
11
11
12
12
12
13
13
13
14
Ie'
-,
15
16
16
17
17
17
18
18
18
AR TI CLE XIV NEIGHBORHOOD SERVICE DISTRICT
Sect ion 1 Pur'pose 19
Sect i on 2 Gener'a I Pur'pose 19
Section 3 Use Regulations 19
Section 4 Height Regulations 19
Sect ion 5 Ar'ea Regulations 19
ARTICLE XV GENERAL BUSINESS DISTRICT
Sect ion 1 Purpose 20
SE~ct i on '" Gener'a I PI'"'OV i s i ans 21
~.
Sect ion 3 Use Regulations ~~ 1
Section 4 Height Regulations 21
Sect ion 5 Area Regulations ;.?1
ARTICLE XVI MANUFACTURING DISTRICT (LIGHT) M-1
See t i on 1 Use Regulations 22
Section 2 Height Regulations 22
See t i on 3 Area Regulations "'':>
t._1...
ARTICLE XVII MANUFACTURING DISTRICT (HEAVY) M--.2
Sect i on 1 Use Regulations 23
SE~ct i on 2 Height Regulations 23
Sect i on 3 Ar'ea Regu 1 at ions 23
ARTICLE XVII I PLANNED UNIT DEVELOPMENT
Sec t i on 1 Regulator'y Pr'ov i s ions :~~3
Section 2 Cl ass i f i eo.t i on o' Planned
Unit DevelQprnent 27
'.
AR TI CLE XIX OVERLAY DISTRICTS
Sec t i on 1 Special Over'l ay Distr'icts 27
Sect ion 2 Special Overlay Distr'ict
FM 3009 28
Sect i on 3 Air' Installation Compatible
Use Zone Over'l ay D i str' i ct
(AICUZI 35
ARTICLE XX HE IGHT & AREA SPECIAL CONS IDER A TI ONS
Sect i on 1 Over'a 11 Height & Ar'ea
Regulations 36
Section 2 Special Height & Ar'ea
Cons i der'a t ions 36
-iii-
>,
,. ...'-
ARTICLE XXI
ARTICLE XX I I
ARTICLE XX II I
ARTICLE XX IV
ARTICLE XXV
ARTICLE XXVI
PARKING REGULATIONS
Sec t i on 1
Section 2
AMENDMENTS
Sect i on 1
See t i on 2
Sect i on 3
Section 4
Pur' pose
O'f-Street Parking &
Loading Requirements
38
:38
Statement o' Intent 43
Changes & Amendments 43
Procedure 'or Amendment
Petition 45
Publ ic Notice & Procedure
'or Amendments 46
Section 1
SPECIFIC USE PERMITS
Author'i zed Uses
REGULATION OF NON-CONFORMING USES
Section 1
See t i on 2
Sec t i on 3
Sec t ion 4
See t i on 5
Sec t ion 6
ADMINISTRATION
Sec t i on 1
See t i on 2
See t i on 3
Sect i on 4
Continuance o' Use
Change o' Use
Damage & Destruction
Enlargement
Normal Maintenance
Structural Change
Administrative Provisions
Certificates o' Occupancy
& Camp I i ance
Procedur'e
Home Occupation
BOARD OF ADJUSTMENT
See t i on 1
See t ion 2
Section 3
Section 4
Section 5
See t i on 6
See t i on 7
Board o' AdJustment
Jur'isdiction
Allowances by Board o'
AdJustment
Appl ications 'or Special
Exceptions
Stay of Proceedings
Hearings o' Appeals
Cour't Appeal
-iv-
4,9
50
51
51
51
51
51
52
53
53
54
58
:;:;8
59
59
59
60
60
~,~ ",
ARTICL.E XXVII
ARTICLE XXVI I
APPENDIX A
APPENDIX B
ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT
Section 1 En'orcernent
Sect i on 2 Violation & Penalties
Section 3 Pr'ov i s ions Minimum
Requirements
Sec t i on 4 Repeal Confl iction
Dr'd i nances or. Or'der
Section 5 Severab 1 i 1 ty Clause
EFFECTIVE DATE
SCHEDUL.E OF USES
DEFINITIONS
-v-
61
62
62
63
63
63
64
74
"
~:t. '.
ARTICLE I
Sec t i on 1
Section 2
Sec t i on 3
ARTICLE I I
Section 1
Amended
Ord. 81-S-;~3
Pg. 1
PREAM8LE
J ij;l~_
This Ordinance shall be known as "The City o'
Sctlertz, Texas, Zon~ng Ordinance".
Enactinq Clause
That there be enacted the following Zoning
Ordinance, which amends the Zoning Ordinance
of the Ci ty of Sc.her'tz, Te)<as, dated August
21, 1979, said amendment together with a map
creating and del ineating zoning districts.
Puroase
The Zoning Regulations and Districts as herein
establ ished have been made in accordance with a
Comprehensive Plan 'or the purpose of promoting
the health, sa'ety, and general wel'are o' the
City. They have been designed to lessen the
congestion in the street; to seCIJre safety from
'ire, panic and other danger; to provide
adequate I ight and air; to prevent overcrowding
of 1 and; to avo i d undue concen tr'a t i on of
population; to 'aeil itate the adequate provision
of transportation, water, sewerage, sc.hools,
par'ks and other pub 1 i c r'equ i remen ts. They have
bef,n made ,.Ii th r'easonab I e cons i der'at i on among
other things, 'or the character of the district,
and it's pecul iar' suitabil ity 'or' the par.ticular'
uses spec i f i ed; and \lJ i th a vi et.LJ to con".~erv i ng
the value o. building and encouraging the most
appropriate use o' land throughout the City
consistent with a Comprehensive Plan.
DISTRICTS, BOUNDARIES, OFf'ICIAL ZONING MAP, NEW
AND UNSCHEDULED USES, AND COMPLIANCE REQUIRED
Districts
The City of Schertz is hereby divided into
types o. districts as 'ollows:
PD Preclevelopment District
R-l Single Family Dwell ing District
R-2 Single Family Dwell ing District
R-3 Two Family Dwell ing District
R-4 Apartment/Multi-Family Dwell ing District
R-5A Garden Home District-Zero Lot Line
Constr"uct i on
R-58 Garden Home District-Conventional or
Traditional Construction
R-6 Single Family Dwell ing District
-1-
Sec t i on 2
2.1
2..2
2.3
"
2.4,
2.5
2..6
2.7
R-7 Single Family Dwell ing
Manufactured Housing District
MH Mobile Home District
OP Office and Professional District
NS Neighbor'hood Services Distr'ict
GB General 8usiness District
M-l Manufacturing District (Lightl
M-2 Manufacturing District (Heavyl
PUD Planned Unit Development Distr'ict
Boundaries
The boundaries a. these districts are indicated
upon the Zoning Map of the City of Schertz,
'which is on file in the of'ices of the City and
made a part of this Ordinance, the same as if
copied in full herein. Where uncertainty exists
as to the boundaries of districts as shown on
the o'ficial Zoning Map, the following rules
shall apply:
Boundaries indicated as approximately following
the center 1 inesof streets, highways, or alleys
shall be construed to follow such center 1 ines.
Boundaries indicated as approximately following
platted lot I ines shall be construed as
following such lot lines.
Boundaries indicated
City 1 imits shall be
City limits.
as approximately following
construed as following such
Boundaries indicated as following shore I ines of
creek shall be construed to follow such
shore 1 ines; and in the event of their movement,
the boundaries shall be construed as moving l~ith
the actual shore 1 ine. Boundaries indicated as
approximately following the center I inss of
str'earns, r' i ver's, canal s, 1 akes or other' bod i es
of "Iater' shall be construed to follol'J such
c€.~nter' 1 i nes.
Boundaries indicated as following railroad 1 ines
shall be construed to be midway between the
rails of the main 1 ine.
In unsubdivided property, the
I ines on the Zoning Map shall
use of the scale appearing on
by Or'd. 83--,14,-83
district boundary
be determined by
the map. Amended
In case of a
property into
district boundary 1 ine dividing a
two parts, the property will
-2-
"
~ I...
2.8
Sec t i on 3
3.1
3.2
Section 4
4.1
remain divided until the property owner, firm or
corporation petitions the City Council for
r'ezon i ng.
Whenever' any street, a II ey OF' other' pub 1 i c 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.
_Of f i cia 11.o111DSLMap
.Ma i ntenanc'L..Q.!:.__~9fl_Lf1_g__
Map shall be kept in
Secr'etar'y.
.1'1<3P.: The Official Zoning
the office of the City
One (1) copy shall be kept by the Planning and
Zoning Commission.
It shall be the duty of the City Secretary to
keep the Official Map current and the copies
ther'enf, her'ein pr'ovided for', by enter'ing on
such maps any changes which the City Council may
from time to time order by amendments to the
Zoning Ordinance and Map.
The City Secretary, upon adoption of this
Ordinance, shall affix a certificate identifying
the map in his/her office as the Official
Zoning Map of the City. He/she shall 1 ikewise
officially identify the copies dir'ected to be
kept by the Planning and Zoning Commission and
in the office of the Building Official. All
amendments of the Map shall be made immediately
after their enactment and the date of the change
shall be noted on the Certificate.
Classification of Ne~J and Unscheduled Uses.
It is recognized that new or unlisted types of
land use may seek to locate in the City of
Scher tz. In or'der to pr'ov i de for' such
contingencies, a determination of any new or
unl isted form of land use shall be made as
follol.ls:
The Building Official shall refer the question
concerning any new or unl isted use to the
Planning and Zoning Commission requesting an
interpretation as to the zoning district into
",lh i c:h such use shou I d be p I aced. The r'efer'ra I
of the use interpretation question shall be
-3-
-.
4!-._
4.2
4.3
4.4
See t i on 5
5.1
accompanied by a statement of facts 1 isting the
nature of the use and whether it involves
dwell ing activity, sales, processing, type of
product, storage and amount and nature thereof,
enclosed or open storage, anticipated employ-
ment, transportation requirements, the amolJnt of
noise, odor, fumes, dust, toxic material and
vibration 1 ikely to be generated and the general
requirements for publ ic util ities such as water
and sanitary sewer.
Ne'~ and Unschedu I ed Uses r'efer'r'ed 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 hel d, or 101 ill r'ecommend di sappr'ova 1. A
letter will be sent to the appl icant indicating
the date of the publ ic hearing, or disapproval,
and the reason(sl for the disapproval and the
appeal procedures.
The Planning and Zoning Commission and
City Council shall hold a Joint Public Hearing
and meet with the parties of interest and shall
consider the nature and described performance of
the proposed use and it's compatibil ity with the
uses permitted in the various districts and
determine the zoning district or districts
within which such use should be permitted. Such
Publ ic Hearings shall be scheduled and conducted
in accordance with the provisions of Article
XXI, Sections 4.3 and 4.5.
The Planning and Zoning Commission shall
transmit it's findings and recommendations to
the City Council as to the classification
proposed for any ne'~ or' unl isted use. rhe Ci ty
Counc i 1 sha 11 r'ev i ew r'ec:ommendat ions of the
Planning and Zoning Commission and make such
determination concerning the classification of
such use as it determines appropriate.
Compliance Required
No land shall be used for and no building
sha II be eree ted for or conver'ted to any use
other than provided in the regulations
prescribed for the district in which it is
located, except as hereinafter provided.
The minimum yards, parking spaces, and open
spaces, i nc I ud i ng 1 at ar'ea per' fam i I y, r'equ i r'ed
-4-
5.2
5.3
ARTICLE I I I
See t i on 1
-,
ARTICLE IV
See t i on 1
1.1
1.2
by the Height and Area provisions of this Ordi-
nance for each and every building existing at
the time of passage of this Ordinance or for any
bu i I ding hereafter erec ted, sha 11 not be en-
croached upon or considered as part of the yard
or parking space required for any other build-
ing, nor shall any lot area be reduced below the
requirements of this Ordinance for the district
in which such lot is located.
Ther'e sha II
d~Jed ling on a
sing 1 e fam i I Y
not be more than one residential
lot of a duly recorded plat of a
residential use.
All buildings built for
general publ ic shall
pr'ovisions of Appendix
subsequent revisions of
Cade and standards set by
use and access by the
be subJect to the
M, 1985 and all
the Southern Building
ANSI A117.1
NEWLY ANNEXED TERRITORY
Anne:>(ed Ter'r:itor'v Terooocary..c1..assifJ.cation.
All territory hereafter annexed to the City of
Schertz shall be temporarily classified as PD.
The Planning and Zoning Commission will review
all territory far consideration of zoning within
180 days of annexa t ion. The procedure for
establishing permanent classification of annexed
terr'i tory sha 11 con form to the procedur'e as tab-
1 i shed by 1 a~' for' the adopt i on of the or' i g i nal
zoning regulations. The required Public Zoning
Hearing may be conducted in conJunction with or
dur' i ng the r'equ i r'ed annexat ion pr'ocess.
PREOEVELOPMENT DISTRICT (PDI REGULATIONS
In an area temporar i~.s:.la_s_<;;jJ'Led as po:
No person shall erect, construct, or add to any
building or structure or cause the same to be
dalle in any newly annexed ter'r'itor'y without
first applying for and obtaining a building
permit or certificate of occupancy from the
Building Official or the City Council as may be
r'equ i r'ed here in.
No permit for the construction of a building or
use of land shall be issued by the Building
Official other than a per'lOit which ,~ill allo'~
the construction of a building permitted in the
PO, unless and until such territory has been
classified in a district other than the PD by
the City Council in the manner provided by law,
-5-
1.3
1.4
ARTICLE V
Sec t i on 1
Section 2
Sec t i on 3
3.1
3.2
3.3
3.4
except that a building permit may be issued in
accordance with the provisions as Follows.
An application for a permit for any use other
than that specified in paragraph 1.2 above shall
be made to the Buil~ing Official of the City of
Schertz, and by him referred to the Planning and
Zon i ng Comm i ss i on for' cons i der'at i on and r'ecom-
menda t i on to the City Coune i I . r1,e PI ann i ng and
Zon i ng Comm i ss i on in mak i ng it's r'ecommendat ion
to the City Council concerning any such permit
shall take into consideration the appropriate
land use for the area and the Comprehensive Land
Use Plan for the City of Schertz. The City
Council after receiving and reviewing the recom-
mendations of the Planning and Zoning Commission
may by maJority vote authorize the issuance of a
Building Permit or Certificate of Occupancy or
may disapprove the appl ication.
Use R.!'1.9lj.l.il..ti.o.n_E>'_ In a PO no I and shall be
used and no building shall be erected for or
converted to any use other than:
See Schedule of Uses and Article II, Section 4.
SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l
Use ReQulations: A building or premise shall be
used only for the following purposes:
See Schedule of Uses and Ar'ticle II, Section 4.
.He ~S!I:!.L.._R~g.',!Jat i on,!;: No bu i I ding sha 11 e:x:ceed
thirty-five (35'1 feet.
_Ar'~~_R_~gLJ la-'J.ons:
Front Yard Setback: The front yard setback
shall be a minimum of twenty-five (25' I feet.
Side
yar'ds
seven
Yard Setback: There shall be two side
of fifteen (15'1 feet or a minimum of
(7' I feet on anyone side.
Rear
yard
(20' I
Yard
having a
feet.
Setback: There shall be a rear
depth of not less than twenty
Lot: The minimum area of the lot shall
thousand six hundred (9,600) square
Ar'ea of
be nine
feet.
-6-
3.5
3.6
3.7
3.8
3.9
ARTICLE VI
See: t i on 1
Sec t i on 2
Sect i on 3
3.1
Width
shall
line.
of Lot:
eighty
The minimum width of the lot
(80') feet at the building
be
Miq.lm.lJm D,gr>Jl:L...9i.___L"gt:. The minimum depth of the
lot shall be one hundred twenty (120') feet.
ParkinQ Regulations:
street parking spaces
(See Article XXI),
A minimum of two off-
shall be provided.
S i gn.B..egu_l_~i_",ns: (See Sign Ord i nance I
Acces~orv BuildinQs: No accessory building, as
per'mi tted herein shall occupy more than forty
(40%) per'cen t of the r'equ i r'ed r'ear' yar'd. Acces-
sory buildings shall be set back thfee (3') feet
fr'o1O common proper'ty 1 ines, pr'ovided however',
that where the rear lot 1 ine of an alley or
easem8nt twenty (20') Feet or more in width, no
setback shall be required. No accessory build-
ings may be closer than ten (10'1 feet to the
main building in the rear yard. Accessory
buildings as permitted herein may be allowed in
required side yards, provided however, that no
accessory buildings may be closer than ten (10'1
feet to any main building on the same lot, nor
closer than three (3'1 feet to a common property
1 ine. No accessory building shall be construc-
ted in the front yard or an easement.
SINGLE FAMILY DWELLING DISTRICT REGULArIONS R-2
.Us~_R_~glJ~-'lJ; .i. on !?:.. A bu i 1 ding or' pr'em i sa sha 11 be
used only for the following purposes:
See Schedule of Uses and Article II, Section 4.
Height Requlations: No building shall exceed
thirty-five (35') feet.
Area Regu 1 at i_l::!.ns:
Fr'ont Yar'd Setbac:..!H The fr'ont yard setback
shall be a minimum of twenty-five (25') feet.
EXCEPTION:
port may be
gu idel ines:
In any R2 zoning district, a car-
constructed under the following
a. I t cannot extend past the fr'ont pr'oper'ty
1 ine;
b. It cannot violate provisions for side
yards;
-7-
c. It must be completely open to the sides
so as not to obstruct the vietti of traffic;
d. It may be attached or' detached;
e. The top covering material may not extend
dOtAIn the sides more than twelve <12" )
inches.
:-1.2
Side Yard Setback: There shall be two side
yards, one on each side of the building, having
an aggregate of side yards of fifteen (15') feet
or a minimum of Seven (7'1 feet on anyone side.
3.3
Rear' Yar'd_.J2.e1;I::LClck:
having a depth of
feet.
There shall be a rear yard
not less than twenty 120'1
3.4
~rea of Lo~~ The minimum area of the lot shall
be seven thousand, five hundred (7,5001 square
feet.
3.5
Width of Lot: The
shall be seventy'"-five
building 1 ine.
minimum width of the lot
(75' I feet at the
3.6
.M i n i mum DeB...t;h._~_9...t.:. The m i n i mum dep th of the
lot shall be one hundred (100' I feet.
3.'7
Parking Requlations: A minimum of two
street parking spaces shall be provided.
Ar't i c I e X X I )
off""
(See
3.8
JU.gn R~LJJa!;.iCJns"~
(See Sign Ordinance)
"
3.9
Accessgr'ySl.IjJ..ltin9:?L No accessor'y bu i 1 ding, as
per'mitted her'ein shall occupy mor'e than forty
(40% I percen t of the requ i red rear' yard. Ace,?s-
sory buildings shall be set back three (3' I feet
from common pr'operty 1 i nes, prov i ded ho\~ever,
that where the rear lot 1 ine of an alley or
easement twenty (20' I feet or more in width, no
setback shall be required. No accessory build-
ings may be closer than ten (10'1 feet to the
main building in the rear yard. Accessory
buildings as permitted herein may be allowed in
required side yards, provided however, that no
accessory buildings may be closer than ten (10'1
feet to any main building on the same lot, nor
closer than three (3') feet to a common property
1 ine. No accessory building shall be construc-
ted in the front yard or an easement, with the
exception of carports as provided for in Section
3.1.
-8-
ARTICLE VII
Section 1
See t ion 2
See t i on 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-6
Use ReQuJ_atigns:. A building or premise shall be
used only for the following purposes:
See Schedule of Uses and Article II, Section 4.
.He i ght __.B_ec;LuJ.at.ions: No bu i I ding sha 11 exceed
thirty-five (35') feet.
Area Regulations:
Fr'ollt Yar'd Setback: The fl"'ont yar'd setback
shall be a minimum of twenty-five (25' I feet.
Side
yards
s€.?ven
Yar::.cl._.__?.€'!tbaek: Ther'e shall be tl~O side
of fifteen (15'1 feet or a minimum of
('7') feet all any olle side.
Rear Y ar_ct._..~~tbac k.: There sha 11 be a rear yard
having a depth of not less than twenty (20' I
feet.
Area o. Lot: The minimum ares of the lot shall
be six thousand (6,000) square feet.
Wid th Qf._..lcCl.t: The m i n i mum width of the 1 at
shall be si>~ty (60'1 feet at the building line.
Minimum Depth of .Lot: The minimum depth of the
lot shall be one hundred (100') feet.
P"ar'k i nL... Regu I at ions: Ami n i mum of b.,o
street parking spaces shall be provided.
Ar't i c I e X X I )
0"-'
(See
Sign Requlat.i.9.n..s: (See Sign Or'dinancel
. Accessor'y 8u i 1 d i nQs: No accessor'y bu i 1 ding, as
per'mitted her'ein shall occupy more than forty
(401.) percent of the required rear yard. Acces-
sory buildings shall be set back three (3') feet
from common property I ines, provided however,
that where the rear lot 1 ine of an alley or
easement tl~enty (20' I feet or more in \~idth, no
sE,tback sha 11 be requ i r'ed. No accessory bu i 1 d-
ing may be closer than ten (10') feet to the
main building in the rear yard. Accessory
buildings as permitted herein may be allowed in
required side yards, provided however, that no
accessory buildings may be closer than ten (10')
feet to any main building on the same lot, nor
closer than three (3' I feet to a common property
1 ine. No accessory building shall be construc-
ted in the front yard or an easement.
-9-
ARTICLE VII I
See: t i on 1
See t i on 2
Sec t i on 3
3.1
3..2
3.3
3.4
3 ~.
.....
3.6
'.
3.7
3.8
3.9
SINGLE FAMILY DWELLING
DISTRICT REGULATIONS R-'7
MANUFACTURED HOUSING
"Use Re9-\.!.L'l.i..i.p~Ls;;t A bu i 1 ding or- pr'em i se sha 11 be
used only for the following purposes,
S..~e Schedule of Uses and Ar'ticle II, Section 4.
Height Regulations: No building shall exceed
thirty-five (35') feet.
Area Regulations:
Fr'ont Yar'd Setback: The fr'ont yard setback
shall be a minimum of twenty (20' I feet.
. Sid ,<;?__'(ar:.d_._Ee.! I:l a.:::.k_'.
yards, one on each
minimum of five (5'1
Ther'e shall be two side
side of the building, a
feet on any Ofte side.
..Rear .._Yar'd". Se.t9.~!=!<.: There shall be a r'ear yard
having a depth of not less than twenty (20' I
r(::?et.
Area of Lot: The minimum area of the lot shall
be five thousand (5,000) square feet.
Width_...""CJ.f". Lot: The minimum l.,idth of the lot
shall be fifty (50' I feet at the building 1 ine.
1'1 i n i mum D~flj;b."of'..__Lo.t.: The m i n i mum dep th of the
lot shall be one hundred (100') feet.
. F' a r' k J..r1g___ B.~gtll. atJ.9.r1.s:
street parking spaces
Ar' tic 1 e X X I )
A minimum o. two off-
shall be provided. (See
S i gft Reg':!.l'!.!,JQQ.s: (See Sign Or'd i nance I
Acces,?gQl_BI.JJJdiOg.~:_ No aecessor'y bu i 1 ding, as
permitted herein, shall occupy mor-e than forty
(40%) percent of the required rear yard. Acces-
sory buildings shall be set back three (3') feet
fr'om common pr'oper ty 1 i nes, prov i ded ho\~ever,
that where the rear lot 1 ine of an alley or
easement tl~enty (20') feet or more in \~idth, no
setback shall be required. No accessor-y build-
ing may be closer than ten (10') feet to the
main building in the rear yard. Accessory
buildings as permitted herein may be allowed in
required side yards, pr-ovided however, that no
accessory buildings may be closer than ten (10'1
feet to any main building on the same lot, nor
closer than three (3') feet to a common property
-10-
ARTICLE I X
Sec t i on 1
See t i on 2
Section 3
3.1
. 3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
1 ine. No accessory building shall be construc-
ted in the front yard or an easement.
TWO FAMILY DWELLING DISTRICT R--3
_Use ..____R.E!.9u.L"!.!'.ion."'._ A bu i 1 ding or prem i se sha II
be used only 'or the following purposes:
See Schedule o' Uses and Article II, Section 4.
He i gh tR_"".9'L!<ltiCl'ls:, No building shall exceed
thirty-'ive (35'1 'eet.
Ar'ea Re.9_u I at ion?:.
Front . Yard Setback: The 'ront yard setback
. or' R--3.TI'Jo.--Fami'-y Residence District shall be
a minimum o' twenty-Five (25' I 'eet.
Side Yard Setback: There shall be two
..----- _._-~-~-,.__.~---
side yards, one on each side o' the building,
having an aggregate o' side yards o' .i.teen
(15') 'eet or' a minimum o' seven (7') feet on
anyone side.
Rear Yard Setback:
. -_.__.._~_. .. ..- "
having a depth of
'eet.
Ther'e sha 11 be a r'ear' yar'd
not less than twenty (20'1
Area o' Lot: The minimum area o' the lot shall
..--.--
be seven thousand, 'ive hundred ('7,500) square
'eet.
Width o' Lot: The minimum width o' the lot
shall be seventy-'ive ('75') 'eet at the
building 1 ine.
Minimum Depth o' Lot: The minimum depth o' the
lot shallbeo':;-e-h-undred (100') 'eet.
Parking Regulations: A minimum o' two 0"-
street parking spaces per dwell ing unit shall
be provided. (See Article XXII
Sign Regulatioo?:.. (See Sign Ordinaneel
Accessor'y 8u i I d i n.9?=- No accessor'y bu i I dings,
as permitted herein, shall occupy more than
'orty (40%) per'cent o' the r'equired rear' yar'd.
Accessory buildings shall be set back three
(3') 'eet'rom the rear property I ine, pro-
vided however, that where the rear lot 1 ine is
the 1 ine o' an alley twenty (20') 'eet or more
in width, no setback shall be required. No
-11-
ARTICLE X
Sec t i on 1
Section 2
Section 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
accessory building may be closer than ten (10'1
feet to the main building in the rear yard.
Accessor'y bu i 1 dings as per'm i tted here i n may be
allol'Jed in requ ired side yards, pr'ov i ded hOI~-
ever, that no accessory bl.lilding may be closer
than ten (10') feet. to any main building on the
same lot, nor closer than three (3') feet to a
common property 1 ine. No accessory buildings
shall be constructed in the 'ront yard or an
easement.
APARTMENT/MULTI-FAMILY DWEl.LING DISTRICT, R-4
Use Re.91.!.lations: A building or premise shall
be used only 'or the following purposes:
See Schedule a. Uses and Article II, Section 4.
He i qht Reg_u-.l.at i o.!l?L No bu i 1 ding sha II exceed
thirty-'ive (35' I 'eet.
.Ar::~~Re<;!lJ.!"t i Cl'!~:_
Fr'on~__\I'~.~'.<:I..._Set.I:lClck:_ The 'r'ont yar'd setback
shall be a minimum o' twenty-'ive (25' I 'eet.
Side
gate
'eet
side
y ar'd S~.t:.4.~c.k: Ther'e sha 1 I be an
o. side yards o. at least twenty
and a minimum o. ten (10') 'eet on
o' the bu i 1 ding.
aggr'e-
(20' I
either'
Rear' Yar'd Setb-",_cJ:<.:_ Ther'e shall be a rear' yar'd
having a depth o' not less than twenty (20'1
'eet.
Area o. Lot: The minimum area o. the lot shall
.-._-,----
be ten thousand (10,000) square 'eet, 'or the
three units and eighteen hundred (1800)
square 'eet 'or each additional unit. Not more
than t'~enty-'our (24 I un i ts per' acre sha 11 be
authorized.
Width of Lot: The minimum width o' the lot
shall be one hundred (100'1 'eet at the
building 1 ine.
Minimum Depth of Lot: The minimum depth o. the
lot shall be one hundred (100') 'eet.
Parking Regulations: A minimum o. two
street parking spaces per dwell ing unit
be provided. (See Article XXII
0"-
shall
Sign Regulations:
(See Sign Ordinancel
-12-
3.9
ARTICLE X I
See t i on 1
Sec t i on 2
Sec t i on 3
'.
3.1
Accessory Buildings~ No accessory building,
as permitted herein, shall occupy more than
'or'ty (40%) per'cent of the r'equ i r'ed r'ear' yar'd.
Accessory buildings shall be set back three (3')
'eet 'r'om the pr'oper'ty 1 ine, pr'ovided hOI~ever'.
that where the rear lot I ine is the line o. an
alley twenty (20'1 'eet or more in width, no
setback sha 11 be r'equ i r'ed. No accessor'y bu i 1 d-
ing may be closer than ten (10' I feet to the
main building in the rear yard. Accessory
buildings as permitted herein may be allowed in
required side yards, provided however, that no
accessory building may be closer than ten (10')
'eet to any main building on the same lot, nor
closer than three (3'1 'eet to a common property
I ine. No accessory building shall be construc-
ted in the 'ront yard or an easement.
GARDEN HOME DWELLING OISTR ICT R-5A & R-58
Use RegJJlatjons: A building or' pr'ernise shall
be used only 'or the 'ollowing purposes:
See Schedule of Uses and Article II, Section 4.
He i qht Regul<3_t_i_ofl'ii.'_ No bu i 1 ding sha 11 exceed
thirty-Five (35') feet.
GARDEN HOME DWELLING DISTRICT R-5A
__.._... n__
The 'ollowing regulations shall apply to the
Single F'3tni ly O~Jell ing, R-5A Gar'den Home
Dwell ing District, Zero Lot Line Construction.
_Requ i!,'e'!!~ts:
shall incorporate
as '011 Ol~s:
The plat o' the requested area
the requirements 'or a R-5A,
Zero lot 1 ine, one
constructed in an area
'or designation as R-5A.
'ami ly dl'Jell ings can be
requested and approved
Zero lot 1 ine homes will be uni'ormly located
on the same side o. the lot within a street
block.
Zer'o 1 at
the side
1 i ne.
1 i ne homes sha 11 have no I~ i ndows on
o' the house which abuts the property
No area shall be
less than 'ive
street.
designated R-5A that contains
adJoining lots on each
-13-
Section 4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
The entire 'rontage o' one side o' the street
in the block must be included in the R-5A
designation. An exception may be made wher'e
an alley breaks the block on that side o' the
str-eet.
Ar'ea Regulations
Constr"Jct ion:
-_._,---_.._-----~-_.
'or'
R-5A Zer'o Lot L.i ne
Fr'ont Yard
R-5A Gar'den
of ten (10')
Setback: The f-r'ont yar'd setback . or'
Home Df~trict is set at a minimum
'eet.
Side Yard Se~~~E~: The building may be con-
structed with a zero side yard on one side and a
side yard o' not less than ten (10' I 'eet on the
other side. This ten (10') 'oot side yard shall
extend the 'ull depth o. the lot. Five (5' I
'eet o' the property that abuts the zero
property I ine shall be designated as a
maintenance easement. Thie; easement shall
extend the depth o' the lot.
E>'-cep t i on~. are per'm it ted so tha t the end houses
o' the row will have a ten (10'1 'oot side yard
clearance 'rom the street right-o'-way. Under
no circumstances will the clearance between the
houses be 1 ess than ten (10') 'eet.
_.Fear-_ Yar'd Setback: There shall be a rear yar'd
having a depth o' not less than ten (10') 'eet.
Area of- Lot: The minimum area of the lot shall
be . i ve thousand (5,000) squar'e 'ee,~t.
Width o' Lot: The minimum \.,idth o' the lot
shall be .i.ty (50') 'eet at the building line.
Minimum Depth o' Lo~: The minimum depth o' the
lot shall be one hundred (100' I 'eet.
ParkinCl Re9.!ol.latiQQ,>:. A minimum o' tl.,o o'f-
street parking spaces per dwell ing unit shall
be provided. (See Article XXII
Access to
alley must
to all rear'
F'..~r:.h.l.!:lg.; A
be pr'ov i ded
garages.
twenty (20' I 'oot paved
'or ingress and egress
Sign Regulati9ns: (See Sign Ordinance)
Accessory Buildi~gE~
as permitted herein,
'orty (40%) percent o'
No accessory building,
shall occupy more than
the r'equ i r'ed r'ear' yar'd.
-14-
Section 5
5.1
'.
~ c.
Section 6
6.1
6.2
6.3
Accessory buildings shall be set back three (3'1
feet 'rom the rear property line, provided
however, that where the rear lot 1 ine is the
line o' an alley twenty (20'1 'eet or more in
width, no setback shall be required. No acces-
sory building may be closer than ten (10') feet
to the main building in the rear yard. Acces-
sory buildings shall not be constructed in
'ront or side yards or an easement.
GARDEN HOME ..__DW~L"I~ING DISfRICT, R-58
i::.QNVE:,:NTLCINA"L OR TRADITIDNi\L CONSTRUCTION
The following regulations shall apply to the
Single Family Dl~elling R-58 Gar'den Home
Dwell ing District, Conventional or Traditional
Cons tr'uct ion:
Requirements: The plat
sha'll i neorpora te the
area, as 'ollows:
of the r'equested ar'ea
requirements 'or an R-5
Conventional or Traditional
single 'amily dwell ings can be
an ar'ea r'equested and appr'oved
R'-:58.
Constr'uction,
constructed in
. or' des i gnat i on
No area shall be designated R-58
less than .ive (51 adJoining
str'eet..
that contains
lots on each
The entire 'rontage o' one side a. the street
in the block must be included in the R-58
designation. An exception may be roade wher'e an
alley breaks the block on that side o' the
str'eet.
_ Ar:..ea _~RegLl..l at i ()nE;.__.f.9r...!.~-58__ G.gnvent i onE'll or'
Tra..9..~~ i o!:1_a.LConstr'uct ion:
Front Yard Setbacks: The 'ront yard setback
"or' 'R-58--Gar-den-.--mHome Distr ict shall be a
minimum o' ten (10'1 'eet.
Side Yar'd Setbacks:. The side yar'd setback 'or
R-58 Gar'den Horne D i str i c tis ten <10%) per'cent
o' the total width or a minimum o' .ive (5' I
'eet on either side. Corner lots shall have a
ten (10'1 'oot side yard setback 'rom the street
r i gh t-'O'--'\Olay.
Rear' Yar'd Setbacks: Ther'e shall be a r'ear' yar'd
having a depth o' not less than ten (10'1 'eet.
-15-
6.4
6.5
6.6
6.7
6.8
6.9
. 6.10
ARTICLE X II
Sec t i on 1
Section 1.1
See t i on 2
Area of LotL The minimum area o' the lot shall
be five thousand (5,000) square 'eet.
Width_____Q..~.._.Lot: The minimum ~Jidth o' the lot
shall be 'ifty (50') 'eet at the building line.
M i n i mum Deoth o' . L"ot: The m i n i mum depth a. the
lot shall be one hundred (100'1 'eet.
.!:'_<!~Lr>..9__~jl}Llatio.D.?~_ A minimum o' t"IO 0"-
street parking spaces per dwell ing unit shall
be provided. (See Article XXII
. Acces....__.I~LP.,;lr,k j ng: A
alley must be provided
to all rear garages.
twenty (20' I 'oot paved
'or ingress and egress
_~.iJl~'...B. eg.Lil a t.lClr! s :
(See Sign Ordinance)
AccessorJl._f:luil..cjlngs: No accessor'y bu i 1 ding, as
permitted herein, shall occupy more than 'orty
(40%) percent o' the required rear yard. Acces-
SOF'y bu i 1 dings sha 11 be set back thr'ee (3' I 'eet
'rom the rear property 1 ine, provided however,
that where the rear lot 1 ine is the 1 ine o. an
alley twenty (20') 'eet or more in width, no
setback shall be required. No accessory build-
ing may be closer than ten (10'1 'eet to the
main building in the rear yard. No accessory
building shall be constructed in the side or
rl"'ont yarods or- an easement.
t108 H..E: HOME: D I STR Ie r
Use Re"9.\Jliil.t.J9n,;;: A bu i I ding or' pr'em i se sha 11
be used only 'or the 'ollowing purposes:
See Schedule of Uses and Article II, Section 4.
Also, see Mobile Home Ordinance No. 81-8-2, and
Flood Plain Management OF'dinance No. 77-M-9.
. ~cF'eage.~gy.i re_l!l~n_j;.: An area to be cons i der'ed
'OF' zon i ng 'or' a Mobile Home Par'k will cons i st
o' at least ten (10) acres; a Mobile Home
Subdivision at least twenty (201 acres; and an
RV Park at least .ive (51 acres.
Height Regulations.,;., The height regulations 'or
any structure in the Mobile Home District shall
be thirty (30'1 'eet. The average height of the
mobile home 'rame above the ground elevation,
measur'ed at 90 degr'ees to the 'r'ame, shall not
e:x:(:eed thr'ee (3' I 'eet.
-16-
See t i on 3
3.1
3 ':l
.c.
ARTICLE X I II
See t i on 1
Section 2
2.1
2.2
2.3
Ar'ea Re9.u.l~~i_Clrts:
Open Sp~ce Requirements:
1. The minimum 'ront yard setback shall be ten
(10') feet from th. nearest corner o' the mobile
home to the front line o' the mobile home
space.
2 . No mobil e
(10'1 'eet to any
t"Jenty"'five (25'1
adJoining a publ ic
closer than ten
nor closer than
pr'oper'ty line
home shall be
property 1 ine
'eet to the
street.
3. For'
minimum
feet.
on each space the
least ten (10')
other structures
setback shall be at
4. The minimum distance between mobile homes
at any point shall be twenty-'ive (25') 'eet;
pr'ov i ded hOI'JeVer', that mobile homes parked end
to end may have a clearance o' not less than
t,.,enty (20') 'eet.
Par'k.J..r1.g_RE!~llat i..S'n.s.;. If no oH""str'eet par'k i ng
is provided in a ratio o' no less than two
spaces for each mobile homesite, the minimum
street width shall be thirty-six (36') 'eet.
OFFICE AND PROFESSIONAL DISTRICT
~,pose
The purpose o' this district is to provide
o"ice area for pro'essional businesses,
occupations and I imited retail and services 'or
the district and surrounding area. Such
district should be adjacent to collector streets
and thorough'ares.
Gener'a 1 Pr'ov i s ions
A 1 I uses l~ i th in
to p....ofessional
services.
this district shall be 1 imited
o"ices, retail sales and/or
All business shall be conducted entirely within
a building.
No use sha 11 otherl~ i se be perm it ted l~h i ch is or'
would reasonably be detrimental to the
neighbor'hood r'esidents or' l~hich would inter'ere
with the reasonable use and enJoyment a. their
pr'oper'ty by r'eason o' the emission o' dust,
-17-
See t i on 3
Section 4
Section 5
5.1
C' ?
'-'"~
5.3
5.4
5.5
5.6
5..7
5.8
\
smoke, odor, glare, noise, vibration, trash,
Junk, water spray, or by reason of any condition
which would amount to a publ ic nuisance.
Use Regulations: A building or premise shall
be used only for the following purpose.,
See Schedule o. Uses and Ar'ticle II, Section 4.
Height Re9.l!latJ9.nsL No building shall exceed
thirty-'ive (35' I 'eet.
Ar"ea R~~!.l~iLon.!?~__ Res i den t i a 1 uses ar'e gov-
erned by the regulations prescribed for each
residential district.
Side Yard ,,~etback: No minimum e:>;cept that a
side yard a. not less than twenty-Five (25'1
'eet in width shall be provided on the side d'
the lot adjOining or across a side street 'rom
a residential district.
Rear Yard Setback: No minimum.
Ar'ea a. Lo_t.:' The m i n i mum ar'ea o' the 1 at sha 11
be six thousand (6,000) square 'eet.
Width o' Lot: The minimum width o' the lot
shall be sixty (60'1 'eet at the building line.
Minimum Depth d' LotL The minimum depth a. the
lot shall be one hundred (100'1 'eet.
Par.hJ lJfL.Bg9lj 1 <It iOlls:
(See Article XXII
Sign Regul"t.J.P.I'lEL (See Sign Or'dinancel
Accessc>r'Y_.E<l!.LLCLLll.9S:" No Accessory bu i 1 ding, as
per'mitted her'ein, shall occupy mor'e than 'or'ty
(40%) percent o' the required rear yard. Acces-
sory buildings shall be set back three (3') 'eet
'rom the r'ear pr'oper'ty 1 ines, pr'ovided ho'~ever,
that where the rear lot 1 ine is the 1 ine a. an
alley twenty (20') 'eet or more in width, no
s...~tback sha 11 be r'equ i r'ed. No accessor'y
building may be closer than ten (10') 'eet to
the main building in the rear yard. Accessory
buildings, as permitted herein, may be allowed
in required side yards, provided; however, that
no accessory buildings may be closer than ten
(10'1 'eet to any main building on the same lot,
nor closer than three (3'1 'eet to a common
property 1 ine. No accessory buildings shall be
constructed in the Front yard or an easement.
-18-
>,
<- ~~"..
5.9
ARTICLE XIV
Section 1
Section 2
2.1
2.2
2.3
Section 3
Sec t i on 4
See t i on 5
5.1
5.2
Fences Requ i r'ed: Wher'e an a. f i ce and pr'o'es-
sional district abuts residential lot(s), a
privacy fence is required with a minimum height
o' eight (8'1 'eet.
NEIGHBORHOOD SETNICE DISTRICT
. P~Ll~:E ().?~..
A commercial area to provide local neighborhood
residential areas with 1 imited services and
retail items. Such district should be located
adJacent to collector streets or thorough'ares.
General Provisions
All commercial uses within this district shall
be retail sales and/or services.
All business shall be conducted entirely within
a building.
No use sha 11 other'l'J i se be per'm it ted wh i ch is or'
would reasonably be detrimental to the
neighborhood residents or which would inter'ere
with the reasonable use and enJoyment o' their
property by reason o' the emission o' dust,
smoke, odor, glare, noise, vibration, trash,
Junk, water spray, or by reason o' any condition
which would amount to a publ ic nuisance.
,Use_.~f?guJ.<l.tions: A bu i 1 ding or' pr'em i se sha 11
be used only 'or the 'ollowing purposes:
See Schedule of Uses and Article II, Section 4.
. He i gl'1t__~.RegtJJOl_tj9.0.?=- No bu i 1 ding sha 11 e;.;ceed
thirty-five (35') 'eet.
Area ReQulations: Residential uses which may
be permitted within a Neighborhood Service
District are governed by the regulations
prescribed by the respective residential
distr'icts.
Front Yar'd S~!:!ack.l." No m i n i mum, except that
driveway in service buildings and gasol ine
service islands may not be located nearer than
sixteen (16'1 'eet to the 'ront property line.
Side Yar'd Setback: No minimum, except that a
side yard o' not less than twenty-.ive (25')
'eet in width shall be provided on the side of
the lot adJoining or across a side street 'rom
a residential district.
-19-
5.3
5.4
5.5
5..6
5.7
5.8
5..9
'.
5.10
ARTICLE XV
Sec t i on 1
Rear Yard Setback: No minimum.
Area of Lot: The minimum area a. the lot shall
be ten thousand (10,000) square 'eet.
,~L<t~f..... .Lot:
shall be one
bu i ld ing 1 ine.
The minimum width of the lot
hundred (100' I 'eet at the
Minimum Depth o' Lot:_ The minimum depth o' the
lot shall be one hundred (100') 'eet.
Parking Regulations:
(See Article XXI)
Sign Regulations:
(See Sign Ordinancel
Accessor'y 8u i 1 d i nq?t . No accessor'y bu i 1 ding, as
permitted herein, shall occupy more than 'orty
(40%1 percent o' the required rear yard.
Accessory buildings shall be set back three (3'1
'eet 'rom the rear property 1 ine, provided
hOI~ever, tha t \~her'e the rear proper ty 1 i ne is
the 1 ine o' an alley twenty (20'1 'eet or more
in width, no setback shall be required. No
accessory building may be closer than ten (10')
'eet to the main building in the rear yard.
Accessory buildings, as permitted herein, may be
a 11 O\~ed in r'equ i r'ed side yards, pr'ov i ded
however, that no accessory building may be
closer than ten (10') 'eet to any main building
on the same lot, nor closer than three (3'1 'eet
to a common property 1 ine. No accessory
buildings shall be constructed in the 'ront yard
or an easement.
Fences Requ i r'ed: Wher'e a ne i ghbor'hood ser'v i ce
distr'ict abuts residential lot(sl, a pr'ivacy
'ence is required with a minimum height o.
eight (8') 'eet.
GENERAL BLlSINESS DISTRICT
, Purp.9~
The purpose o. this district is to provide 'or
gener'al commercial uses I~hich serve a City-\~ide
or" r'egional ar'ea. Such distr'icts should have
'r'on tage on reg i ona 1 thor'ough'ares such as City
collector streets, state or 'ederal highways.
Because o' the permitted uses, compatibil ity
with adJacent residential areas should be
care'ully considered.
-20-
Sec t i on 2
2.1
2.2
2.3
Sec t i on 3
Sect i on 4,
See. t i on 5
5.1
.,
C' ':l
"".<C
5.3
5.4
5.5
5.6
5.7
5.8
General Provisions
All uses within this district shall be
retail sales and/or services.
local
Business located on Ci ty collector streets shall
be conducted within the building.
No use sha 11 otherw i se be perm i t ted I~h i ch is or'
would reasonably be detrimental to the
neighbor'h,)od residents or' which \~ould inter"ere
with the r'easonab 1 e use and enJoyment o' the i r'
pr'oper ty by r'e,3son o' the em i ss i on o' dus t,
smoke, odo~, glare, noise, vibration, trash,
Junk, I.,ater' spray, or by r'eason or any condition
which would amount to a publ ic nuisance.
Use Re9..uJa_~l.o[l?: A bu i 1 ding or prem i 'se sha 11
be used only 'or the 'ollowing purposes:
See Schedule o. Uses and Article II, Section 4.
Heiqht R..E".9!1..1..".!.Lorl?"-. No building shall exceed
one hundred twenty (120') 'eet.
Ar'ea
ReQul at i or!.!;;_=-
Side Yar'd Setback: No minimum, e:x:cept that
'a side yard o' not less than twenty-five (25')
'eet in width shall be provided on the side of
the lot adjoining or across a side street 'rom
a residential district.
Rear Yard Setback: No minimum.
Area o' Lot: The minimum area o' the lot shall
be ten thousand (10,000) square 'eet.
Width o' Lot:
shall be one
building line.
The minimum width o' the lot
hundred (100') 'eet at the
Minimum Depth o' !cg,t;: The minimum depth o' the
lot shall be one hundred (100') 'eet.
~r'k i n?J."~e9ul at ions:
(See Article XXII
_S i gn Regu 1~_Lon.s.:
(See Sign Ordinancel
Accessory Buildin~ No accessory building, as
permitted herein, shall occupy more than 'orty
(4,0%) per"cen t o' the r'equ i r'ed rear' yar'd.
Accessory buildings shall be set back three (3'1
'eet 'rom the rear property 1 ine, provided
-21-
5.9
ARTICLE XVI
See: t i on 1
See t j on 2
Section 3
3.1
-,
3.2
3.3
however, that where the rear 1 ine o' the lot is
the 1 ine of an alley twenty (20' I feet or more
in width, no setback shall be required. No
accessory buildings shall be constructed in the
'r'ont yar'd or' an easement.
_F~JJ,p~.~. ... .REO!.qLJuLl"ed: Where
District abuts residential
'ence is required with a
eight (8') 'eet.
a Genera 1 Bus i r1.~ss
lot(sl, a privacy
minimum height o'
MANUFACTURING DISTRICT
(LIGHT I M-l
Use Regul at ions.:." Light manu'actur' i ng pr'ocesses
which do not normally emit detectable dust,
odor, smoke, gas, or 'umes beyond the boundary
property 1 ines o' the lot or tract upon which
the use is located or' beyond the boundary 1 i ne
o' the M-l Manu'acturing District zoned lot
which is generally perceptible in frequency or
pressure above the ambient level o' noise in the
adjacent areas. A building or premise shall be
used only for the 'ollowing purposes:
Sec, Schedule o' Uses and Ar'ticle II, Section 4.
Heiaht Requlat~9ns: No building shall exceed
one hundred twenty (120'1 'eet.
. tir:ea R~9.LJJ_at i 01'_5.:.
Side Yar:<:I.__.p!!J,p.i!I.<:::..k.! No minimum, e:>:cept that a
side yard o' not less than twenty-'ive (25'1
'eet in width shall be provided on the side o'
the lot adJoining or across a side street 'rom
a residential district. No parking, storage,
or similar use shall be allowed in required side
yards or side street yards in M-l Districts.
Rear Yar~.___~~tpack: No rear yard is required,
except that a rear yard o' not less than .i.ty
(50'1 'eet in depth shall be provided upon that
portion o' a lot abutting or across a rear
street 'rom a residential district, except that
such yar'd requ i rement sha 11 not app 1 y wher'e the
property in the residential district also backs
up to the rear street. No parking, storage, or
similar use shall be allowed in required rear
yards in M-l Districts within twenty-'ive (25' I
'eet o' the rear property line.
Area o' Lot: The minimum area o' the lot shall
be ten thousand (10,0001 square 'eet.
-22-
3.4
3..~j
3.6
3.'7
ARTICLE XVII
See t i on 1
Sect i on 2
See t j on 3
:i-~
3.1
3.2
ARTICLE XVII I
Section 1
Width
shall
1 i ne.
9J'__l"g.t,. The m i n i mum wid th o' the lot
be one hundred (IOO')'eet at the building
.Minimum Degth.JJ' Lot: The minimum depth o' the
lot shall be one hundred (100') feet.
. Par'k ingRefl.lol.lEl"tl.90s: (See Ar't i c 1 e XX I)
Sian f3,?...lli,!J_at i o,:!,?".:_ (See Sign Ord i nance)
MANUFACTURING DISTRICT (HEAVYI M-2
. Use Regl,,'-La t ions:. Any manu 'ac tur i ng, i ndustr i al
servicing or storage process not prohibited by
law and upon approval by the City Council in
acrn~dance with the Speci.ic Use Pe~mit
pr'ocedure established in Article XXII. A
bl.l i 1 ding or' prem i se sha 11 be used on I y 'or' the
'ollowing purposes:
See Schedule a. Use~' and Ar'ticle II, Section 4.
HeiQht Requlations: No building shall exceed
one hundred twenty (120') 'eet.
Ar'ea Reg.!.LL~~~_19r~_?~__._
Side Yard Setback: No minimum, except that a
side yard of not less than twenty-'ive (25' I
'eet in width shall be provided on the side o'
the lot adJoining or across a side street 'rom a
residential district. No parking, storage, or
similar use shall be allowed in required side
yards or side street yards in M-l Districts.
Rear' Yar'd_ Setb~ek: No rear yard is requ ired,
except that a rear yard o' not less than .i.ty
(50'1 'eet in depth shall be provided upon that
portion o' a lot abutting or across a rear
street 'rom a residential district, except that
such yard requirement shall not apply where the
property in the residential district also backs
up to the rear street. No parking, storage, or
s i mil ar use sha 11 be all ClI.,ed in requ i red rear
yards in M-l Districts within twenty-.ive (25'1
'eet o' the rear property 1 ine.
PLANNED UNIT DEVELOPMENT
Planned Un i t Deve 1.!J.fImen..1:-'-. It
'or properties in the City
accordance with the, Master
approved in advance o'
may be desirable
to be developed in
Plans prepared and
development. To
-23-
encourage such Planned Unit Development,
regulatory provisions are provided as follows:
1.1
Use RequlatL()IU_ When any proper'ty is designated
as being within the Planned Unit Development, a
bu i I ding or pr'em i se sha II be used on I y for' uses
identified in the Schedule of Uses (Appendix AI
for the applicable district identified and
approved on the Master Plan, with the following
types of r'estr l-ct ions:
1. Minimum size ten acres and mix of not less
than three (31 types of zoning.
2. No use of any portion of Planned Unit
Development Districts shall be permitted which
is of fens i ve by reason of odor', fumes (nox i ous
or toxicl, dust, smoke, heat, vibration,
illumination or glare, noise or pollution,
electrical disturbances, radiation, drainage,
excavation or any use which is hazardous by
r'eason of excess i ve danger of f i r'e or e>':p 1 os i on,
or which is in violation of the laws of the
United States or the State of Texas or any
subdivision thereof.
3. The height, minimum lot sizes, parking,
signs, building setback 1 ines and other
requirements will apply to all districts
identified and approved on Master Plans for a
Planned Un i t Development. When any ar'ea has two
or more districts identified for that area of
the PUD, the most restrictive district
requirements will apply.
4. Provisions should
landscaping and land
complement each other
existing and proposed land
be made
uses
and
for' str'uctures,
to creatively
harmonize with
in the vicinity.
uses
5. Light Manufacturing, General Business,
Office and Professional District of any
combination are per'mitted, hot-lever, no
operations are permitted outside of buildings
and outs i de storage must be scr'eened as not to
be visible from the street or from any adJoining
tract. Any operation which entails the
discharge of any gas, steam, smoke or any other
ern i ss ions or. by-'produc ts mus t be spec i fica 11 y
approved by a Specific Use Permit.
6. Recreation Area and Open
permitted, provided provisions are
the upkeep of the area.
Space are
arranged for
-24-
7. The developer has an option to
Schedule of Uses from Appendix
distr'ict identified on the Master
can become part of the zoning 'or
Unit Development.
i dent i fy the
A for any
Plan, which
the Planned
8. Par'king
areas must
or'der' .
lots, driving surfaces and storage
be paved and maintain~d in good
1.2
"procedyres:
1. The provisions of Article XXI Amendments
sha 1 1 govern the rev i el~ and pr'ocess i ng of each
application for a Planned Unit Development.
2. The developer must submit a Mastel" Plan
identifying each district of the Planned Unit
Development and including any Schedule of Uses
fr'om Appendix A, if appl ieable. Master Plan and
Schedule of Uses shall become part of the zoning
change ordinance when the Planned Unit
Development is approved.
3. Master' Plan sha.1...L..<;,ho\., the following:
(a) date, scale, north point, title, name of
owner and name of person preparing the plan,
(b) location of e)(isting boundar'y 1 ines and
dimensions of the tract,
",
(c) center 1 ine of existing watercourses and
drainage features,
Cd) provisions for ingress and
planned for the property,
egress
Ce) access from a publ ic street,
('I identify proposed area for each district
in the Planned Unit Development,
(g) number of acres o' each district,
(h) number and density of housing units
proposed per gross acre,
(i) identify areas proposed to be conveyed,
ded i cated or' reser'ved for' par'ks, parkl~ays,
playgrounds, school sites, recreation areas,
open spaces, publ ic buildings and similar
publ ic and semi-pub! ic uses and number of
gross acres for each,
-25-
(J) landscape planned along the boundary of
district of a Planned Unit Development to a
depth of twenty-Five (25'1 feet,
(k) a copy of all agreements, provisions or
caverlants which" govern the use, maintenance
and continued protection of the Planned Unit
Dl?!ve I opmen t,
(I) vehicular and pedestrian
planned,
cir'culation
(ml screening walls or fences and other
development and protective requirements
considered necessary to create a reasonable
protection of the adJacent property,
(nl a representation of the general
character of land adJacent to the
Unit Development ar'ea I'Jithin t,~o
( 200' I fee t .
use and
Planned
hundred
4. Any known variations from the Zoning or
Subdivision Ordinance should be submitted
with site plan for approval to be included
with the Master Plan. Specific Use Permits
or classification of New or Unscheduled Uses
as identified in Article II, Section 4,
should be submitted with the Master Plan.
'.
5. The Planning and Zoning Commission may
recommend and City Council may impose
conditions relative to the standards of
development and such conditions shall be
compl ied with before a Certificate of
Occupancy is issued for' the use of the land
structure, which is part of the development.
Such cond i t ions sha 11
conditions precedent to
Certificate of Occupancy.
not be construed as
the granting of a
6. The approved Master Plans will be
considered in all platting required by the
Subdivision Ordinance. The Planning and
Zoning Commission I'Jill insur'e the platting
of the Planned Unit Development follOl~s the
permitted zoning and schedule uses
identified and approved on the Master Plans.
The Planning and Zoning Commission must
insure any self-imposed requirements
submitted on or with the Master Plan are
clearly identified on the recorded plat for
any part of the Planned Unit Development.
-26-
Section
ARTICLE X I X
Sec t i on 1
1.1
1.2
The Building Official will insure the
planned use is in accordance to the approved
district identified on the Master Plan and,
if applicable, Schedule of Uses before
issuing a building permit.
7. Any desired change in zoning or Schedule
of Uses of any part of a Planned Unit
Development different from the approved
Master Plan or recorded plat shall be
considered an amendment to the Zoning
Ordinance and shall be processed in
accordance with Article XXII.
2
Any development approved
Res i dent i a 1 Un i t Development
now be classified as a
Deve 1 opmen t.
as a Planned
D i s tr i c t ,q i 11
Planned Unit
OVERLAY DISTRICTS
Spec i a lOver 1 <!L ____D_L;;j;r~c:j;? (Or-d i nance 85-S--2,
March 19, 1985)
Autt'or~i zed USfJ: The City Counc i I of the
City of Schertz, Texas after a publ ic hearing
and pr-opf:r- not ice to all par.t i es ef fee: ted, in
accordance with the notice procedures prescribed
under Article XXII for amending the Zoning
Ordinance, and after recommendation by the
Planning and Zoning C~nmission, may establ ish
Overlay Districts.
Pur'po~f~:_ Spee:ial Over-lay Distr'icts may be
establ ished when it is determined additional
zoning r-equir-ements, as author-ized by this
Ordinance, ar-e appl icable to cer-tain ar-eas with
the City. This Special Over-lay Distr-ict will
not change the existing zoning classification
and it's restr-ictions, but may alter-
requirements for- the pur-pose of promoting the
health, safety and general welfar-e of the City.
The following ar-e examples of, but should not be
r-estr-icted only to these, r-easons for-
establ ishing a Special Over-lay District.
1. Air- tr-affic patter-ns and location of
proper-ty in r-elationship to airpor-ts and r-unways
which may r-equir-e additional height
restrictions, building requir-ements, and may be
used to r-estr-ict use to avoid a high intensity
of people in accident potential areas for the
safety of the pub1 ic.
-27-
See t i on 2
'-
2.1
':> ':>
fHH. '-
2.3
2. Establ ish r-equ ir'ements for' r-etent ion ponds
and landscaped buffer- ar-ea to control erosion,
run-off and dr-ainage, and can include
replacement or planting of trees because of the
destruction of the natur-al water-sheds because o'
development.
3. Establ ish requ ir'ements, includ ing but not
limited to, signs, building setback lines,
1 imited dr-iveways, land ber-ms, hedges,
screening, architectural and aesthetic standards
to contr-ol and 1 imit potential distr-active
hazards and including glare and noise associated
with vehicular- tr-af'ic.
4. Flood hazar-ds special restriction beyond the
normal Flood Ordinance requirements to establish
higher base floor elevations, additional setback
from Plood hazardous area, and other applicable
contr-ol to prevent er-osion, run-o", damming and
other perils associated with destruction of
property due to floods.
5. Establ ishing requirements for- special
r-estrictions for protecting, maintaining and
p."ese.-'v i ng hi stor' i ca land cu I tur'a 1 items,
arti'acts, structur-es or objects as deemed
necessary for pr-eser-ving and protecting our
her'i tage.
Spec i a 1 Over'l ~_[)i?tt":j cj; FI'13009
(Ordinance 85-S-10 May 21, 1985)
Locat LQ[L,_ To a depth o' thr'ee hundr'ed (300')
'eet in any direction along the right-of-way o'
FM 3009 within the City o' Schertz.
_Ob..LE!c:1;iye: To pr-ovide a safe through street
avoiding excessive traffic signals, congestion
and distr-actions, which includes pr-otecting the
natur'al envir'onrnent and '~ater'shed, in tur'n
providing an attractive development site and
entrance to the City.
Requir'ement~_;_ To achieve the objective of the
FM 3009 Special Over-lay Distr-ict, the following
additional zoning r-equirements are establ ished
'or this location:
(a) Landscaped Buf'er' or' Scen i.c:__E~?em~o.:t:
A continuous twenty (20') foot wide
landscape buffer or scenic easement will be
provided contiguous to the FM 3009 right-of-
way. Existing trees, especially the Live
-28-
Oak tr-ees, will be pr-eser-ved if at all
possible. Trees, as necessar-y, ,qill be
planted to pr-ovide an aver-age density o' one
II) tree (pre'erably Live Oakl per twenty
(20') feet along FM 3009. The landscaped
buPfer area shall be modified and gr-aded to
blend with the right-o'-way planted with
clean massing o' low maintenance plant
mater-ia1. The grasses used should be clump
types and not overly aggressive. Native
gr-asses, such as Nezpar Indian Ricegrass,
sand lovegrass, side oats grama, bluegama
are recommended with a mixtur-e o' wild
flo",er' seed. The bu'fer ar'ea shall be
designed to provide for- dr-ainage detention,
controlling the run-off based on a ten 1101
year' fl"'equency des i gned in such a manner' for'
stor'm \qater flo\q not to e:x:ceed four 14')
'eet per- second velocity. Irrigation o' this
1 andsc'~ped buffer' is encouraged and
maintenance will nor-mally be the
responsibil ity of the owner to the paved
sur' face. No tr-ees or' hedges can be plan ted
within ten (10") feet of the paved right-of-
",ay.
".
Ib) Of f-Str'eE!t Par'kln.9.L Par'k i ng ,q ill be
permitted adjacent to the continuous
landscaped bu' fer' ar'ea a long FM 3009. O' f-
str-eet parking may encroach ten (10') feet
into the required landscaped buffer ar-eas
when the land contours and other- conditions
permit. However-, par-king and vehicular use
ar'ea cont i guous to FM 3009 r' i ght-of-lqay
shall have land berm walls or hedge to
r-educe vehicular reflections and
distr-actions onto traffic travel ing FM 3009.
No par'k i ng ,q ill be per-m i tted on the FM :3009
right-of-way. All o'f-street par-king spaces
must be cleal"'ly mar-ked and paved hard
asphalt or- concrete surface.
.Ic) Driveways and Access to FM 3009:
Accesr,,, to FM 3009 will be I Iffiltecf-to-p-rov i de
for- safe traffic flow, and design shall
provide inter-ior- drives to 1 imit the number
of access to this roadway. Contiguous paved
safety and fire lanes should be used to
1 imit the amount of access to FM 3009 and be
stubbed out to adjoining proper-ty to be
continued with future development. Interior
traffic flows shall have land berm or- hedge
to r-educe vehicular reflections onto traffic
travel ing FM 3009.
-29-
Right turn acceler-ation/deceleration lane or
marg i na I access r-oad sha 11 be r-equ ired ,.hen
driveways ar-e closer than thr-ee hundr-ed
(300') feet along FM 3009. Regar-dless of
the spacing o' dr-iveways, right turn
acceleration/deceleration lanes shall be
pr'ov i ded at each dr' i veway wh i ch has an
average da i 1 y vol ume o' more than one
thousand ( 1 , 000 ) veh i c I es or' an aver'age
inbound peak hour volume of fi.ty (50) right
tur'ns or. mor'e. Access to FM 3009 shall be
planned to match existing access or land
ccmditions on the opposite side of FM 3009.
All driveways shall be constructed with
concrete from the property I ine to match the
FM 3009 pavements, ded i cated str'eets may be
asphalt. All driveways shall have a minimum
sight distance o' two hundred forty (240')
feet. Safety and fir-e lanes shall pr-ovide
open space to per'mit ver'tical vehicular
clear-ance of thirteen and six tenths (13.6')
h!et.
"
(ell 8uildinq Setbackj"jne: No building will
be permitted within fifty (50') feet of FM
3009 r'ight-.o''"''~Jay I'Jhich will include signs,
banners, pennants or flags of any type
e){cept as pr'ovided for' belDl", The r'equir'ed
fifty (50') 'oot building setback 1 ine may
be adjusted, by the Planning and Zoning
Commission, l"hen it is deter'mined the
requiremerlt is too restrictive or existing
str-uctures are alr-eady in place. These
exceptions, will nor-mally, only be granted
in residential developments; hOlqever',
exception can be gr-anted in cer-tain cases in
commer-cial development. Exception can only
be gr-anted when it is shown there is undue
har'dsh i p or e:>~tens i ve expense due to the
contours o' the land, drainage or- odd-shaped
lots. Authorized accessory buildings, being
placed in rear yar-ds of residential
developments abutting FM 3009 right-of-way,
must have scr'eens as pr'ov i ded for' inSect ion
F.
"
(e) Sign Restr.ic1;ion: No signs, banners,
pennants or flags of any type, including
charitable ser-vices or appeals and pol itical
ser-vice or appeals, shall be erected or
maintained in this distr-ict except in
conformity with the 'ollowing requir-ements
or' other' r'equ i r'eroen ts o' the Zon i ng
Or-dinance of which the most restricting
-30-
provision shall prevail. No signs shall be
per-mitted to be placed in the r-ight-oF-way
of FM 3009 except as indicated in Item 12
belOlq.
1. Signs visible from the exter-ior- o'
any building may be I ighted, but no signs
or any ather contrivance shall be devised
or constructed so as to rotate, gyr-ate,
bl ink or'move in any anirnated fashion.
2. Signs shall be restr-icted to
advertising only the per-son, firm,
cornpany or- cor'porat i on opera t i ng the use
conducted on the site or- the product sold
or produced ther-eon. A multi-tenant
building sign may be per-mitted on common
pylon sign to suppor-t individual t'''l1ant
identification signs.
3. All signs which ar-e attached to the
buildings must be flush-mounted and shall
not project above the r-oof line.
4. Signs painted dir-ectly on
exter-ior- sur-face of a wall shall
per'rn i t ted.
the
not be
5. Special purpose signs and dir-ectional
and tr-affic contr-ol signs shall be
approved by the Planning and Zoning
Commission prior to their construction.
Special purpose sign shall be of a low
pro.ile type with a height normally not
to e:,<ceed . ive (5') feet. Spec ial
purpose sign may be used to announce an
entrance to a major residential or
cornrner'cial development or pr'oJect.
Permission to have a special purpose sign
will not normally be granted to a
development with less than two hundred
(200') feet of frontage along the right-
of-way of FM 3009. Special pur-pose sign
may be permitted in the center island of
the entrance and exit of a development
site, but must be placed in such a manner
so as not to obstr-uct the tr-affic vision
and cannot be placed in the FM 3009
r' i ght-'of-way.
6. Each business is per-mitted to have
one (1) low pr-ofile type sign not
attached to the building. The sign shall
be approved, by the Planning and Zoning
-31-
Commission, prior- to constr-uction. Sign
shall be a low profile type, nor-mally not
to exceed .ive 15') feet, and the maximum
allolqed size does not e:,,;ceed for-ty one-
hundredths 10.40) squar-e feet for- ever-y
'oot o' 'rontage along FM 3009 right-of-
way with a maximum size o. one hundred
(100) square 'eet allowed.
7. Displaying the flag of the United
States o' Amer-ica and the Texas 'lag is
per-mitted behind the required building
setback I ine. Flag shall not exceed 4 x
6 'eet and height of pole cannot exceeed
twenty-'ive (25') feet.
8. Temporar-y Development signs, as
descr i bed e 1 sel.,here in the Zon i ng
Ordinance, announcing or describing a
legally appr-oved subdivision or- land
deve 1 opmen t may be tempor'ar'i I y er'ec ted by
obtaining approval from the Planning and
Zoning Commission. These signs must be
located at least ten (10') feet fr-om any
driving surface. These signs shall be
maintained and kept attr-active during
their time standing. The Commission will
establish the time period the sign will
be permitted and cause the removal of
said sign as authorized in this district.
9. Temporary sign pertaining to the
lease, rental or sale of premise or-
struc tur'e located ther-eon is per'rn i tted
,qhen 1 oca ted on such pr'ern i se or'
structure. Such sign shall not be
1 ighted and shall not exceed fi.teen (15)
square feet in area. These signs must be
located at least ten (10') 'eet from any
driving surface. These signs shall be
maintained and kept attractive during
their time standing. The Planning and
Zoning Commission can cause the removal
of these signs as authorized in this
district.
10. No advertising vehicle,
por-table sign or bench sign
per'rni tted.
trailer',
shall be
11. Banners and pennants may be per-mitted
for a period not to exceed ten (10) days
'or' gr'and open i ngs. However', pr' i or'
approval shall be obtained from the
Planning and Zoning Commission.
-32-
12. Directional signs, commonly re'erred
to as "bandit signs'!, identifying new or
special pr-oJect shall have prior approval
of the Planning and Zoning Commission.
Use of these signs shall be restricted to
weekends between 3:00 P.M. Friday to
10:00 A.M. Monday and limited to no more
than ten signs per event. Signs normally
will require spacing every five hundred
(500') feet with size restricted to 2 x 2
feet. The Commission at the time of
approval shall establ ish the size,
location, number, height, spacing and
time period for sign to be displayed in
this district. These restrictions also
apply to garage/yar-d sales, pol itical and
charitable signs. These signs will not
be permitted in ar-eas that might obstruct
the tr-a'fic vision. Appl icant will be
responsible for checking with utility
compan i es on the 1 ocat i on of under'gr'ound
ut i 1 it i "'So
13. All signs shall be
maintained and present a
appearance at all times.
per'petually
fresh-look i ng
(.) Outdoqr~.~9r~ge $~reens: No materials,
suppl ies or equipment, including any tr-ucks
or- tr-ailers, shall be stored or parked in
any area in this district. Garbage and
refuse containers shall be concealed by
means of a scr-een or placement behind the
buildings so that containers cannot be Seen
from the frontage along the building setback
line. Screens and fences shall for-m a
complete opaque screen, be of minimum height
of six (6') feet or- the height of the
ma ter' i a I be i ng scr'eened, wh i chever' is
higher-. The materials used for scr-eening
may be o' plants and/or- sol id fencing
compatible with other design elements on the
building site. Fence enclosing portions o'
the proper'ty sha 1 1 be per'm i t ted pr'ov i ded
they do not encf"oach on the requ ired
building setback lines. Exception to the
'ence requirements is per-mitted in
residential development ,qhen the f"ear or'
side yard abuts the FM 3009 right-of-way.
All screening materials including fence
shall be perpetually maintained and present
a 'r-esh looking appearance at all times.
All mechanical equipment, util jty meter-s,
roof mounted materials and stor-age tanks
-33-
sha 11 be scr'eened from view compa t i b 1 e with
other- design elements.
(gl Sidewalks: Rein'orced concrete
sidewalks, four- (4') 'eet wide, shall be
re.'qu i r'ed cont iguous to FM 3009 along the
property 1 ine. Exception to this
requirement may be appr-oved by Planning and
Zoning Commision when it is determined
another method o' pedestrian circulation
along FM 3009 is acceptable.
(h) Exter'ior' Constructioo: All buildings
sha 1 1 be of masonry cons truc t i on or- it's
equivalent or- better; finished with
concr-ete, brick, stone, glass or their
equivalent. Developer's wi II establ ish
exter-ior design standards to be complete
with other- sur-rounding design elements.
( i) Ut i I i );j.~s_:
under'gr'ound.
All uti lit i es tq i 11 be
(j) Natyr'i'll.Envir'onment: Live Oak
eight 18") inches or mor-e in diameter
not be removed 'rom this distr-ict.
plans shou 1 d pr'ov i de for' these
pr'oviding island in par'king lots
landscaping surrounding structures.
tl"oees
should
Si te
t,....ees,
and
"
(k) Land Use: All sales and ser-vice
activities must take place indoor-so
Exceptions for- the following outside sales
and service may be granted by the Planning
and Zoning Commision a.ter- approval o' the
site constr-uction plans:
1. Drive thr-ough banks 5.
2. Fast food 6.
3. Service station 7.
4. Child care center 8.
Telephone stands
Net',spaper stand
Nur'ser-y sa 1 es
Restaurant patio
2.4,
Non-Confor-mance: Non-con'or-mance with this
District will be identified within one hundred
eighty (1801 days after the e"ective date by
the Planning and Zoning Commission and/or- the
City Building Official. Appr-opriate action as
identified in Article XXVII o' the Zoning
Ordinance will be taken to noti.y responsible
party or parties to repair- or remove non-
confor-mance within ninety (90) days. The
Commission shall have the authority to grant a
time extension normally not to exceed an
additional ninety (901 days from the original
-34-
See t i on 3
3.1
'-
notification and under no circumstances will a
non-conformance be permi tted a.ter- thr'ee (3)
years from the ef'ective date o' this district.
Should the r'esponsible party or par'ties, after-
due noti'ication, 'ail to correct violations o'
this district; the City shall cause such non-
confol"'mance to be cor'r'ected. The City sha 11
also file against the property a I ien in the
amount of the cost of such work.
Air Insta 11 at i on Co~a_1;.l_~~ Use_.__._Zon_~ n QXE'1^1 ay
Distr ict (AICUZ)
AICUZ
1. Any development o' land within the AICUZ
will be re'erenced to the Planning and Zoning
Commission 'or- consider-at ion of a Specific Use
Permit in accordance with ARTICLE XXII, Specific
Use Per'm its.
2. In considering land uses within an AICUZ
Over'lay District, the Planning and Zoning
Commission ,,,ill consider' only "Jr'itten r'equests
for land uses identified in the Air- For-ce Sase
Air Installation Compatible Use Zone most recent
study, publ ished and distributed by Randolph Air
For-ce Sase Operations. Any land use requested
not included in Table IV-l "Land Use
Compatibility Guidelines" o' the AICUZ study
will be placed within one of the compatible land
use categories by the Planning and Zoning
Comm i ss i on and cons i der'ed accor'd i ng I y.
3.
(AICUZ) Sj:>ec i a_l_()Vel^.!..)I.R.iE'tr:: i ct
a. Location: Areas identi.ied by Randolph
Air Force Sase Air Installation Compatible
Use Zone most r'ecent study publ ished and
distributed by Randolph Air Force Base
Fl ight Operations Branch identify areas
within the Accident Potential Zone and
those areas subject to high levels of noise
'r'om a ir'cr-a.t.
b. Objective: To pr-ovide land use
restrictions for- health, safety and welfare
of the citizens because of the e'fects of
noise fr-om aircraft, and the high
probabil ity of aircraft accidents, while
protecting the operational capabil ities of
Randolph Air Force Base.
-35-
ARTICLE XX
See t i on 1
-.
Sec t i on 2
2.1
2.2
2.3
c. Land UseR.e?.~J::jl;J ions: Author' i zed use
within the Accident Potential Area will be
restr-icted to those uses having a low
intensity o' population during the training
mission o' Randolph Air Force Base, and.
will be restrIcted to those uses identi'ied
in the Air Installation Compatible use Zone
Study. These areas identified as being
subject to high levels o' noise 'rom
aircraft will be required to install noise
reducing insulation in str-uctur-es as
identified in the Air Installation
Compatible Use Zone Study. Land uses
within an ar-ea under- this Special Over-lay
Distr-ict will be considered new and
unscheduled uses and will be considered
under' Ar'ticle II, Section 4, this
Ordinance, and Table IV-l "Land Use
Compatibility Guidelines" in Air'
Installation Compatible Use Zone Study.
HEIGHT AND AREA SPECIAL CONSIDERATIONS
Overa 11 .J::I.!tigll.L~!lcL. . Ar'ea_ReguJat LC)[1s:_ E:":cep t as
pr-ovided herein, no building or- structur-e or
part ther'eo' shall be er'ected, a1 b:=r'ed or' con-
verted for any use per-mitted in the district in
which it is located unless it is in con'ormity
with all the minimum regulations speci.ied
herein for lot areas, lot width, lot depth,
d"Iel1 ing unit af"ea, 'r'ant, and side and r'ear'
yards.
Spec i a 1 He .!JLJ':1!..and_Ar'e,!Coo?JJ:lR"ati QQE;.
Heiqht: In the distr-icts where the height o'
buildings is restr-icted to thirty-five (35')
'eet, cool ing towers, r-oo' gables, chimneys
and vent stacks may extend for' an add i t i ona 1
height not to exceed forty (40') feet above the
average grade 1 ine o. the building.
Mixed Use 8uilA.il1g: In a building serving
dwell ing and other uses, in any distr-ict, the
height and area regulations appl icable to non-
residential buildings shall apply.
Front Yar<;ls:
1. Wher-e the 'rontage on one side of a street
between two intersecting streets is divided by
two or more Zoning Districts, the 'ront yard
setback shall comply with the requirements o'
most restr-ictive district for- the entir-e
-36-
'r'ontage
another.
fr'om one
inter-secting street
to
2. Wher-e the building
establ ished by plat and
ments of this OrdInance,
setback I ine shall apply.
setback 1 ine has been
exceeds the r-equire-
the most r'estr'ictive
3. The 'r'ont yar'd shall be measur'ed 'r'om the
property I ine to the front 'ace o. the build-
i ng, cover'ed por'ch, cover'ed ter'r'ace, or'
attached accessory building. Eaves and roof
extensions may project into the required front
yar'd, not to e:'~ceed tl"O (2') feet. Fence or
sur-face str-uctures shall not exceed 'orty-eight
(48") inches in height.
2.4
Side Yard21 Ever-y part of a required side yard
shall be open and unobstructed except for-
accessory buildings as permitted her-ein and the
ordinary pr-oJections of window sills, belt
courses, cor-nices and other ar-chitectural fea-
tures projecting not to exceed twelve (12")
inches into the required side yar-d, and roof
eaves projecting not to exceed twenty-'our
(24") inches into the required side yard, except
that no pr-oJection shall be permitted closer-
than t(qel ve (12") i nche~' to a common pr'oper'ty
1 ine.
'".) CoR
'-.. "J
Rear' Yar'ds: Ever'y par't o. a r'equ i r'ed r'ear' yar'd
shall be open and unobstructed to the sky from
a point thirty (30") inches above the gener-al
ground level of the graded lot, except Por
accessor-y buildings as permitted and the or-di-
nary projections o' window sills, belt courses,
cor-nices and roof overhangs and other- ar-chitec-
tural 'eatures projecting not to exceed ten
(10') feet into the required rear yar-d.
"
.'.
2.6
Court StandaI~d_~: The m i n i mum d i mens ions and
area of outer or inner courts pr-ovided in
buildings occupied for- dwelling purposes shall
be in accordance with the following provisions:
1. _ Outer Cour'ts RE!~Ldel'lt.Lal _.. Str:,,!c.ture: For'
residential structures thirty-five (35') 'eet or-
less in height, any outer court which is used
for' access o' I i gh t or' air' or' wh i ch may be used
'or emergency access pur-poses shall have a
minimum width equal to the depth of the court;
but the width o' any such outer- cour-t need not
e:x:ceed t~Jenty (20') feet even though the depth
of the court may exceed such dimension.
-37 -
2.7
2.8
ARTICLE XXI
See t i on 1
>,
Section 2
2. Inner Cour'ts Residential $J:.r.:!Jj;:_tJ,tr~.?_: For'
residential structures thirty-'ive (35') feet or-
less in height, any inner- court which may be
used for emer-gency access purposes shall have
ro i n i mum d i mens ions in the 1 eng th of the r'oo' or'
eave at the top of the wall enclosing such
court; but neither- the width nor- length of the
base o' such inner cour't need exceed th i r'ty
(30') feet, even though the height of the
enclosing walls may exceed such dimension.
ParkinQ RegUlations:
(See Ar-ticle XXI)
Sign Regulations:
(See Sign Ordinance)
PARKING REGULATIONS
Pur'pose: It is the pur'pose of th i s sect i on to
establ ish the guidel ine. for ofF-str-eet parking
space consistent with the proposed land use to:
1. Eli m i na te occ:ur'r'enC:E.' of non--I"'es i den t on-
street parking in adjoining neighbor-hood;
2. Avo i d the tr'aff i c
safety hazar-ds caused by
such parking space;
congestion and publ ic
a 'ailure to provide
3. Expedite the movement of traffic on publ ic
thoroughfar-es in a safe manner- and thus
increasing the car-rying capacity of the str-eets,
reducing the amount of land r-equir-ed for- str-eets
and the cost to both the property owner and the
Ci ty.
Off-Street Par'lD.!l9_anJLh,g<l~LLng_Fl!i!.qu i r'ements:
Schedu 1 e o. gfJ_-=?tr'ee.1;. F'Cir:ki ".9 Flegu lat ions:
Type of Generator-
Unit
Minimum
No o' Spaces
Per' Un i t
One and T,qo
Family Dwell ings
Dwell ing
2
Mu 1 t i F am i I Y
Dwell ings and
To,qnhouses
Dvlell i ng
2
Rooming or-
Boarding Houses
Sleeping
Rooms
1/2
-38-
Frater-nity or Beds 1/4
Sor-ority
Pr' ivate Club Mernbers 1/5
or Lodge
Chur'ch or' Seat 1/5
Temple
School <except
Seats in
Aud i tor i um
high school or college)
Seat 1/10
Seats in
Cl assr'oom
Cl assr'oorn
3
College or High School
Seats in Seat
Aud i tor' i urn
1/8
Seats in
Classroom
Cl assr'oorn
3
Countr'y Club
or Gol' Club
Community Center, Libr-ary,
Museum or Ar-t Gallery
0-"2,000 Squar'e Feet
2,000 + Squar-e Feet
Mernber-s
1/5
Total
Square Feet
10
1/300
Hc)sp i ta 1
Beds
1/2
"
>,
Sanitarium, Conva-
lescent Home, Horne
for the Aged, or-
Similar Institution
Beds
1/4
-, ~?--
Theater or Audi-
tor-ium <except
school)
Seats 1/4
Spor ts Ar'ena,
Stadium or
Gymnasium
Seats 1/5
Hotel
Sleeping
Rooms 1/3
Commercial
Floor' Ar'ea
Squar-e Feet 1/200
Tour-ist Home,
Cabin, or' Motel
Sleeping
Rooms 1
-39-
Dance Hall,
Assembly or
E>,h i bit Ha 1 1
Square Feet 1/100
Business or
Pr'ofess i ana 1
Office, studio
Bank, Medical
or Oental Cl inic
0-1,000 Square Feet
1,000 Square Feet
Total Sq. Ft. 3
1/200
Bo~,ling Alley
Alley 4
Moortuary or
Funer'a 1 Horne
Seats 1/4
Restaurant, Night
C'lub, Cafe or'
S i rn i 1 ar Recr'e-
a t j on OF. Arou s€.~-
ment Establ ishment
Seat 1/3
Reta i 1 Stor'e or
Personal Ser-vice
Establ ishrnent
Square Feet 1/200
>,
Fur'n i tur'e or
Appl i ance Stor'e,
Har'd,.,are Store,
Wholesale Estab-
1 ishments, Machi-
nery or Equipment
Sales and Ser-vice,
Clothing or- Shoe
Repair, or Service
Shop
0-1,000 Squar'e Feet
1,000 + Square Feet
Total
Squar'e Feet
2
1/300
Pr' int ing or'
Plumb i ng Shop or
S i rni 1 ar' Ser'vice
Establ ishment Employees 1/3
Manufacturing or
Industrial Estab-
1 i shment, Research
or Testing Labora-
tor-y, Crearner'y,
BottI ing Plant,
Warehouse, or- Similar
Establ ishment Employees 1/2
-40-
"
.'.".
2.1
Pr'ov i s ions 'or' Deter'm i n i no__j;h~__.I\I\J_I'!ll:l.~L.
Loca t ions ..9J'_L<ilr:IiLn--9__Spaces: In comput i ng
number' o' such park i ng spaces r'equ i r'eel,
'ollowing r-ules shall govern:
of
the
the
1. uFloor- ar-ea" shall mean the g""-055 floot",
area of the specific use.
2. Where fractional spaces
spaces required shall be
nearest whole number-.
result, the parking
constr-LJed to the
3. Whenever- a building or- use constructed or
establ ished after the effective date o' this
Ordinance is changed or enlarged in 'loor- area,
number of dwell ing units, seating capacity or
other-wise, to cr-eate a need for- an incr-ease o'
ten (10%) percent or- more in the number of
existing parking spaces, such spaces shall be
pr-ovided on the basis of the enlar-gement or-
change. Whenever a building or use existing
pr-ior to the ef'ective date o' this Ordinance is
enlarged in 'loor are. or- in the are. used, said
i mpr'ovemen t or' use sha 11 then and ther'ea f ter-
comply with the par-king requirements set 'or-th
her'ein.
4. In the case of
spaces required shall
requirements of the
separately.
mixed Llses, the
equal the sum
vat"" i QUS uses
par'k i ng
of the
computed
2..2
All par-king spaces r-equired her-ein shall be
located on the same lot with the building or- use
s€.~r.ved, e,<cep t tha t \.Jher'e an i ncr'ease in the
number of spaces is r'equ i r'ed by a change or
enlargement of use or where such spaces are
provided collectively or- used Jointly by two or-
mor-e buildings or establ ishments, the required
spaces may be located not to exceed three
hundr'ed (300') 'eet 'r'om an institutional
building served and not to exceed five hundred
(500') feet 'r'om any other' non-r'esidential
building ser'ved.
1. Up to one hundr-ed (100%) per-cent of the
parking spaces required for a church or church
school auditorium may be provided and used
Jointly by banks, offices, retail stores, repair
shops, service establ ishments and similar uses
not nor-mally open, used or- operated during the
same hours; pr'ovided ho,qever', that I~r'itten
agreement therefor-e is properly executed and
filed as speci.ied in par-agraph "2".
-41-
2. In any case wher-e the required parking
spaces ar-e not located on the sarne lot or
contiguous with the building or- use ser-ved, or-
wher-e such spaces are collectively or jointly
provided and used, a written agreement thereby
assuring their retention for purposes shall be
proper-ly dr-awn and executed by the parties
concerned, appr-oved as to for-m by the City
Attor'ney and shall be .iled lqith the application
for- a building permit.
2.3
Development and Ma i ntenal....f~.l:!.f__f'ar,k ing Ar'ea:
Ever-y par-cel o' land hereafter used as public
parking area, including commercial parking lots,
automobile, far-m equipment, mobile home,
tr'ailer', or' other' open-air sales lot, shall be
developed and maintained in accordance with the
following requirements:
1. Sur'fac i n.9..L Except as other'lq i se pr'ov i ded,
all off-street parking areas shall be all-
weather sur'aces, shall be installed, graded to
dr-a in, and maintained so as to dispose of
sur-Face water- accumulated within the area, 'or-
all par-king areas for more than five (5)
vehicles. Par-king spaces shall be sa arranged
and marked as to provide for- order-ly and safe
parking of vehicles. Sur'aces shall be subject
to approval by the City Engineer.
'.
2. _J.-..J.gI}_'tL~~q: Any 1 ighting used to illuminate
an off-street par-king area shall be arranged so
as to dir-ect or shield the I ight away from the
adjoining premises in any residential district.
3. Number' of Off-'Str'eet..._..._EEr:.king Spaces
Re'lu i r'l1!.d..:.. The number of of f'-street par'k i ng
spaces r'equ i r'ed sha 11 be deter'm i ned fr'om Sect ion
2 of this ar-ticle, O"-Street Parking and
Loading Requirements Table. The classification
of uses referr-ed to shall be deemed to include
and apply to all uses.
4. Of.,..Str'eet Load ing R_l1!..9ul.atjqn?: Ever'y
bu i 1 ding or par't thereof erec ted or- OCCup i ed for-
retail business, ser-vice, manu'acturing,
storage, warehousing, hotel, mortuary, or any
other- use simllar-ly involving the receipt or
distribution by vehicles of mater-ials or-
mer-chandise, shall pr-ovide and maintain on the
same premise, loading space in accor-dance with
the following regulations:
-42-
ARTICLE XXII
See t ion 1
"
See t i on 2
2.1
a. In the NS, Neighbor-hood Service and GB,
Gener-al Business Districts, one loading space
for the first 'ive (5,000) thousand to fi.teen
(15,000) thousand square 'eet of floor area in
the building and one additional loading space_
for each fraction ther-eo', of '100r- area in
excess o' fifteen (15,000) thousand square 'eet.
b. In the M-l and M-2 Manufacturing Districts,
one load i ng space for' each ten (10,000) thousand
squar-e feet or' fr'ac t i on ther'eof o' 'loor area in
the bu i ld ing.
c. No more than three e'f-street loading spaces
sha 11 be requ i r'ed for any Ne i ghbor'hood Ser'v i ce
or' Genera I Bus i neSS u~>e, nor' mor'e than five 0"-
street spaces for- any Manufacturing use.
AMENDMENTS
Statemen:L_~.._. ..J:D..tent: For' the purpose o'
establ ishing and maintaining sound, stable and
desirable development within the ter-ritor-ial
1 imits o' the City, this Or-dinance shall not be
amended e)(cept to cor'r'ect er"r' or' in the
Ordinance, or because o' changed or- changing
cOflditions in particular areas or in the City
generally, or to rezone an area, extend the
boundary of an exi~ting zoning distr-ict or- to
change the regulations and r-estrictions thereo',
all in accor'dance ,q i th the compr'ehens i ve plan.
Amendment Limitation: Subject to the
I imitations of the foregoing Statement o'
Intent, an amendment to this Ordinance may be
initiated by:
1. City Council on it's own motion;
2. The Planning and Zoning Commission;
3. Or' Pet i t ion.
Changes and Amendments:
Au thor' i ty: The City Counc i I in accor'dance with
applicable state law may from time to time
amend, suppl ement, change, mod i.y or- r'epeal the
r-egulation standards and boundaries herein
establ ished. In addition, a comprehensive
review of the Zoning Ordinance text and map
shall be made by the Planning and Zoning
Commission for- the purpose of keeping the City
current with development patter-ns and innovative
-43-
methods in zoning and examining existing land
uses and changes in land uses made by developers
and builders within the City in order to
ascertain those areaS wher-e the patterns o'
development are changing. The Planning and
Zoning Commission,. at least every thr'ee year's
shall f i 1 e a r'epor't and r'ecomrnendat i on ther.eon
with the Mayor and City Council. The thr-ee year
time period shall commence upon the date of the
adoption of this Ordinance.
2..2
Application
For changes to
map as follo(.)s:
and Pet.Lt.J.Cl!L..J9r' Amendrnent:
the regulation and/or district
2.2.1
Any per'son, firm or' cor'poration petitioning the
City Council for- a change in the Zoning District
Map sha 11 do so upon for'rns pr'ov i ded for- such
purposes by the office of the City Secretary and
all petitions for changes shall be filed with
the office o' the City Secretary fifteen days
pr'ior' to the ne><t r'egular' session. Notice shall
also be given to the City Secretary if said
appl ication for- change or-iginates with any
member of the City Councilor Planning and
Zoning Commission.
2.2.2
Petitions shall be reviewed by the Planning and
Zoning Commission at it's regular-ly scheduled
meeting. The petition shall appear on the
agenda that has been publ ished and distr-ibuted
to thern not less than three days prior- to such
meeting. The appl ication or petition may be
recommended 'or- a public zoning hear-ing by the
majority o' the Planning and Zoning Commission,
i. the following conditions are met:
'.
.'
1. The requested change is in keeping with the
compr-ehens i ve plan adopted by the City Counc i 1.
2. Ther-e has been
economical changes which
it's original zoning.
environmental and/or
warrants a change since
3. Gr'ant i ng
incompatible
pr.'oper'ty, or-
cons i dera t ion
o' the request would not cr-eate an
use dif'erent from the sur-rounding
show 'avor- to the pr'oper'ty under'
'or rezoning. (Spot Zoning)
4. Ther-e is an error in the original zoning o'
the pr'operty 'or' ,qhich a change is r-equested.
The appl icant shall be
appropriate City Sta"
the petition.
advised in writing by an
member- of action taken on
-44-
Section 3
3.1
3.2
"
Procedur'e for' Amendmen t P.e>.tjj;i on =-
Fil ing oj' Appl ication: All petitions for-
amend men ts to .-thTs--Or'd i nance sha 11 be in
writing, signed and filed with the City
Secretary 'or- pr-esentation to the Planning and
Zoning Commission.
j;:ontenJ:;.?-_.!J_L..l'l'!t i t i on: All pet i t ions 'or
amendments to this Or-dinance shall contain at
least the 'ollowing:
1. The pet i t i oner" s name, addr'ess and i nter'est
in the pet i t i on, as '~ell as the name, address
and inter'est o. ever'y per':.on having a legal or
an equitable interest in the land covered by the
petition.
2. The natur'e
amendmen t.
and effect of the pr-oposed
3. A fully dimensioned map
following will be pr-ovided:
shol') i ng the
a. The land which would be affected by the
pr-oposed amendment,
b. A legal descr-iption o. such land.
c. The present zoning classi'ication of the
1 and.
d. The zoning classi'ication of all abutting
Zoning District.
e. All publ ic and private rights-o'-way and
easements bounding and intersecting the land
under' cons i der'at i on.
4. If the proposed amendment would require a
change in the Zoning Map, the names and
addresses o' the owner-s of all land within the
area to be changed by the proposed amendment.
5. The
would be
together'
el"'r-or in
deta i 1 ed
amendment
alleged er-ror in this Ordinance, which
cor-rec ted by the pr'oposed amendmen t
with a detailed explanation o. such
the Ordinance, which is alleged, and
reasons as to how the proposed
will correct the same.
6. The changed or' changing conditions, i. any,
in the ar-ea or in the municipal ity generally,
-45-
3.3
Sec t i on 4
4.1
4.2
4.3
that make the pr-oposed amendment reasonably
necessar'y.
7. Evidence that the petition is in accor-dance
with the Comprehensive Plan.
8. All other- circumstances, 'actors and reasons
which appl icant o'fer-s in suppor-t of the
proposed amendment.
Time Limitationst I' a petition for r-ezoning is
denied by either the Planning and Zoning
Commission or the City Council, another petition
for r-eclassification of the same property or any
portion thereof shall not be filed within twelve
months from the date of denial.
Pub Ii c Not ice and_--.!'r:.qceg!,Jre .for- Amendments:
Amending the Ordinanc~(Ma~~ Whenever- it is the
desire of the major-ity of the members of the
Planning and Zoning Commission that an amendment
or change to the Zoning Or-dinance or- Distr-ict
Map be proposed and considered at a publ ic
hearing or- as a result of a petitioner
application by a per'son, fir'm or' cor'por'ation
that has not been rejected or denied as set
for'th in Sect ion 2.2.2, sllch pr'oposed amendment
or change shall be scheduled by the City
Secretary'or a public hearing before a joint
meeting of the Planning and Zoning Commission
and the City Council. Such publ ic hearing shall
hereina.ter- be known as the Public Zoning
HE~ar' i ng.
Each appl ication 'or- a Publ ic Zoning Hear-ing
shall be accompanied at the time the hearing is
scheduled by a fee in accordance with the
Schedule of Fees. (See Schedule of Fees)
No action to amend, supplement, change, modify
or repeal the Zoning Ordinance or- the District
Map sha,] I be . i na I unt i I ther'e sha 11 have been a
Joint Publ ic Zoning Hearing thereon with public
notice of such hear-ing as her-ein required.
Notice o' any publ ic hearing involving the
Zoning Ordinance and District Map will be given
by pub 1 i ca t i on once in a ne~'spaper o' genera 1
cir-cualtion in the City, and designated as the
official publ ication o. the City, stating
briefly the change or amendment to be consider-ed
at the hearing and the time and place i. such
hearing which shall be at least'ifteen days
-46-
prior to the publ ic hear-ing. Such notice shall
be sent to the property owner-s as determined
'rom the most recently approved City tax r-oll of
real property lying within two hundred (200')
feet of the proper-ty on which the change in
classification or Specific Use Per-mit is
proposed. Such notice shall be given not less
than ten days be'ore the date set for the
hearing. The notice shall be made by depositing
the same, properly addressed and postage paid,
in the United States Post Of.ice.
4.4
Notice o' any Publ ic Zoning Hearing involving a
change or- amendment to the Distr-ict Map or the
gr-anting of a Specific Use Permit shall be given
as set 'or'th in Subsection 4.3 above. In
addition, written notice shall state the time
and place of hearing and give the addr-ess o' the
proper ty pr'oposed for- change or Spec i f i c Use
Per-mit that is to be considered.
4.5
Put:>J.J..!;.__._. j!;pni ng u HE1ar' i ng: The Pub I i c Zon i ng
Hearing shall be a joint meeting o' Planning and
Zoning Commission and City Council. Rules of
order commensurate with pr-oper conduct, hearing
o' arguments and receiving of evidence shall be
adopted and obser'ved at the hear' i ng. The
r-ecording of minutes shall be made of the
hear-ing and shall be maintained or filed in the
office o' the City Secretary. No action on any
proposed change, amendment or Speci.ic Use
Per'm it sha II be taken by e i thel" body at or-
during the Publ ic Zoning Hearing.
>,
4.6
The Planning and Zoning Commission shall within
ten days a.ter a Publ ic Zoning Hearing, hold a
r'egular or special meeting to act and recomrnend
upon changes, amendments or Specific Use Per-mits
considered at such hearing. The meeting shall
be open to the public and the recording o'
minutes and other procedur-es nor-mally conducted
by the Planning and Zoning Commission shall be
observed; however, no pr-oponent or opponent to a
proposed zoning change, amendment or Speci.ic
Use Per-rn it. or- any 0 ther' c i t i zen in ter'es ted in
such matter. shall be heard. The mernber-s o' the
P I ann i ng Comm i ss i on sha 11 vote on each pr'oposed
change, amendment or Specific Use Per-mit as to
their recommendations to the City Council for
e i the," adop t i on or- den i a 1 . The r'ecomrnenda t ions
o' the City Planning and Zoning Commission shal I
be tr-ansmitted to the o"ice of the City
Secr-etar-y for the Council in wr-iting within five
days following the meeting of the City Planning
-47
and Zoning Commission. A denial recommendation
sha II i nc 1 ude spec i ~ i c r-eason for the den i a 1 .
In the event the development has not star-ted
within twelve months, the petitioner- Por
rezoning will be notified in writing that the_
land will revert to it's original zoning within
thirty days. Extension may be granted 'or
legitimate delays.
4.7
A.ter receipt by the City Council of the
recommendations o' the Planning and Zoning
Commission, the City Council shall, at either a
regular or- a Special meeting, act upon the
pr'oposed changes, amendments or' Spec i fie Use
Permits. Although such meeting is open to the
public, no proponent or- opponent to a proposed
zoning change, amendment or Specific Use Permit
shall be permitted to be heard.
>,
In cases when the Planning and Zoning
CCJrom i S5 i on's r'ec:ornmendat i on aga i nst pr'oposed
Sp'~ci'ic Use Per'mit or amendment, supplement,
change or repeal of the regulations or-
restrictions of the Zoning Ordinance or the
boundaries o' the District Map her-ein
establ ished, or- l~hen a (qritten protest against
an amendment under' consider'ation is filed l~ith
the office o' the City Secretary and signed by
the Olqner'S o' t(qenty (20%) per'cent or' more
either of the area of the lots included in such
proposed change or- those immediately adjoining
the same and extending two hundr-ed (200') feet
therefrom such amendment, supplement, change,
mod i f i c:a t i on or- r-epea I sha 11 not become
effective except by the 'avorable vote of three-
'our-ths (3/4) o' the members o' the City
Council.
4.8
If the City fails to pass an ordinance approving
such proposed Specific Use Permit, amendment,
supplement, or change, a new appl ication for
such pr-oposed Spec i fie Use Perm it, amend men t ,
supplement or change in the Zoning Ordinance or-
the boundaries of the district map shall not
again be consider-ed until a.ter- the expiration
of twelve months 'rom the date of such proposed
amendment, supplement or change was rejected;
provided; however, that such appl ication may be
r'econs i der'ed with i n the above men t i oned t,.je I ve
month per-iod i. it be shown that a substantial
change in conditions has taken place in the
vicinity o' the proper-ty sought to be rezoned or
fOI" ,qh i ch a Spec i f i c Use Per'm it was r-equested.
The procedures for- such appl ication for rezoning
-48-
ARTI CL.E X X II I
Section 1.1
1.2
>,
~ 1.
1.3
1.4
shall be the same as if the appl icant has never
filed a previous appl ication for zoning change.
SPECIFIC USE PERMITS
Authorized Uses: The City Council of Scher-tz,
Texas, after publ ic hearing and proper notice to
all par-ties a'fected, in accor-dance with the
notiCe procedures prescribed under Article XXI
for amending the Zoning Ordinance, and a.ter
recommendation by the Planning and Zoning
Commission, may authorize the issuance of
Speci.ic Use Permits for zoning specific uses
set 'or-th in the Schedule o' Uses, Appendix A,
when situated within th~ Zoning Districts
identified Iqithin the schedule.
Development Standar'Q,;;..__ 8.!"g~UTed: The PI ann i ng
and Zoning Commission in consider-ing and
determining their recommendation and the City
Council in considering any request for- a
Spec i . i c Use Per'm it may r'equ i r'e fr'om the
appl icant plans, infor'mation, oper-ating data and
e)<per't evaluation concer'ning the location,
function and character-istics of any building or-
u"e pr'oposed. The City COLlnc i I may in
compl iance with this Ordinance, establish
conditions of operation, location arrangement
and construction o. any use for which a permit
is authorized. In author-izing the location of
any of the uses I isted as Specific Use Permits,
the City Council may impose such development
standar-ds and safeguards as the conditions and
location indicate important to the wel'ar-e and
protection of adjacent pr-operty fr-om excessive
noise vibration, dust, dirt, smoke, fumes, gas,
odor, explosion, glar-e, offensive view or- other-
undesir-able hazardous conditions.
Tempor-arv Construct i_on___E;lI,!JJ.gJngs;:. Temporary
buildings and temporary building material
storage ar-ea to be used 'or- construction
purposes may be permitted for- a speci.ied period
o. time in accordance with a permit issued by
the Building O"icial and subject to per-iodic
r'enetqal by the Inspector' for' cause shol"n. Upon
completion, abandonment of constr-uction or
expiration of per-mit, such field offices and
buildings shall be removed within thirty days,
or- at the dir-ection of the Building O'ficial.
Tempor'ar'y Development
development and promotional
three hundred (300) square
S igns:__
signs
'eet in
Tempor-ary
not e>~ceed i ng
ar'ea may be
-49-
-,
~ ,-".
1.5
1.6
1.7
1.8
ARTICLE XXIV
Sec t i on 1
erected on pr-ivate property. The 8uilding
Official shall control the location and duration
of such sign use to assure that the occupancy
and use of adjacent lots are not interfered with
and that no safety hazard is created. Such_
special development signs ,qill be removed at the
direction of the Building O'ficial a.ter
completion of the development.
The Commission may impose additional reasonable
restrictions or conditions to carry out the
spirit and intent of this Ordinance and to
mitigate adverse effects of the proposed use.
These requirements may include, but ar-e not
I i m i ted to, i ncr'eased open space, load i ng and
parking requirements, suitable landscaping and
additional improvements such as curbing and
sidewalks.
Any per-son or persons, jointly or severally
aggrieved by a decision of the Commission, may
present to the City Council a petition, duly
veri'ied, setting 'orth that such decision is
unjust, in lqhole or' in par't, speci'ying the
gr-ounds of injustice. Such petition shall be
presented to the City Council within ten days
after the final decision o' the Commission, and
not ther'ea.ter'.
Record i na: One copy o' an appr'oved Spec i. i c Use
Per-mit shall be del ivered to the owner of the
proper-ty, one copy shall be .iled in the office
of the Building Of'icial.
DevelQRmgnt..1 FollOl~ing the issuance of a
Speci.ic Use Permit, the Building Of'icial shall
insure that if the development is under-taken, it
is completed in campI iance with said permit.
However-, if a Specific Use Per-mit has not been
used lqithin six months a.ter the date granted,
the permit is automatically cancelled, which
Pact shall be noted over the signature of the
Building O'ficial on the 'ile copies of the
permit, and the owner shall be sa noti.ied in
,."., it i ng.
REGULATION OF NON-CONFORMING USES
Cont i nuance of Use:_ Any non-con'orm i ng use of
land or- str-ucture may be continued 'or- definite
periods of time, subject to such regulations as
the Zon i ng Board of Adjustment may r'eqLJ i r'e for
immediate preservation of the adjoining property
and the ultimate removal of the non-confor-ming
-50-
Section 2
Sec t i on 3
"
Section 4
Sec t i on 5
Sec t i on 6
use. I', ho\qever', a cont inuous oper'at ion is not
carr' i ed on in such non-confor'm i ng use dur i ng a
continuous period of six months, the building,
other str-ucture or- tract of land where non-
confor-ming use previously existed shall
therea f ter' be occup i ed and used on I y for-
conforming use. Intent to resume activity
operation shall not af'ect the foregoing.
Chanoe .9f U~.E!.: A non-con'or'm i ng use may
be changed to any con'or'm i ng use. A non-
confor-ming use shall not be changed to any other-
type of non-conforming use without the prior
appr-oval o' the Zoning Board of Adjustment which
may grant a change of occupancy from one non-
confor'ming use to another', pr'ovided the use is
within the same or higher- classification as the
of'iginal non-confor'rning use, that such non-'
conforming use and occupancy will not tend to
prolong and continue non-conforming use. A non-
conform i ng use once changed fr'om a lo\qer' to a
higher classification use shall not be changed
thereafter- to a lower classification use, and
such prior lower classification use shall be
considered abandoned.
[)amaoe and Destr'y_c_t i on: A non--confor'm i ng use
sha II not be e:,,:tended or- r-ebu i 1 tin case of
obsolescense or- total destruction by fire or
other cause. In the Case of partial destruction
by fir-e or other- causes not exceeding 'ifty (50)
percent of it's value, the Building Inspector-
shall issue a per-rnit 'or- reconstruction, if
greater- that fifty (50%) percent and less than
total, the Zoning Boar-d o' Adjustment may grant
permit for repair a.ter publ ic hearing and
having due r-egard for- the pr-operty rights of the
per'sons a f fec ted ,.,hen cons i dered in the 1 i gh t 0 f
publ ic welfare and the char-acter- of the areas
surr'ound i ng the des i gnated non-conform i ng use.
En I ar'gemenJ:. A non-con for'm i ng use sha 11 not be
enlarged or extended, except upon authorization
of the Zoning Board of Adjustment.
Normal Maintenance: Normal maintenance of a
building or a structure containing a non-
con'orming use is permitted, including necessary
non-str-uctural repairs and incidental
a I tera t ions not e:><:tend i ng the non-con for'm i ng
use.
..Str'uctur~al__l;.hang~?L No str'uc tur'a I a I ter'at i on
shall be made in a building or other structure
-51-
ARTICLE XXV
Sec t ion 1
1.1
1.2
'.
containing a non-confor-ming use except that
requ i r'ed by 1 a,".
ADMINISTRATION
Administrative Provisions:
.!3~iJ.'::Ij_l1.9 Per-'l!..it andPl an Requ i r-ements:
1. Building permits shall be in conformance
with current building codes.
2. All dimensions shown on these plans relating
to the location and size of the lot to be built
upon shall be based on a subdivision plat and
the lot shall be staked out on the gr-ound before
constr-uction is star-ted.
. Effect Upon Ex istl.D!;t.----P_t;'f'm its, Agr'eements and
_R ig.tlt'='.'.
1. bdst inq
This ordinance
al".,nL,l:
PeL.r~J1:.s....~.n_dn. PT i\l_at~ Agr'eements:
is not intended to ,3br'oga te or'
a. any per-mits issued be'or-e the efPective
date of this Ordinance;
b. any easement, covenant or- any other-
private agreement more restrictive than the
provisions op this Or-dinance.
2. Pr'eser'ving Riqhts in Pendi'l9-I__Ltlgation and
.It.lQl",_t i ClD_'?_._JJlJdf".r' E>~_l'?t i ng Ord.inances: By the
passage o' this Or-dinance, no pr-esently illegal
use shall be deemed to have been legal ized
unless speci.ically such use 'alls within a use
distr-ict wher-e the actual use is a con'orming
use. Otherlq i se, such uses sha 11 r'ema in nor,--
confor-ming wher-e r-ecognized, or an illegal use,
as the case may be. It is further the intent
and declar-ed pur-pose o' this Or-dinance that no
offense committed, and no I iabil ity, penalty 01'"
'or-feitur-e, either civil or cr-iminal, shall be
dischar-ged or aFfe~ted by the adoption of this
Ordinance; but prosecutions and suits for- such
offenses, I iabil ities, penalties or for-feiture,
either civil or cr-iminal, shall be discharged or
affected by the adoption of this Or-dinance; but
pr'osecut ions and su i ts for' such offenses,
I iabil ities, penalties or- forfeitures, may be
instituted or causes presently pending be
pr'oceeded lq i th in all respec ts as i f such pr i or'
Ordinance has not been repealed.
-52-
Section 2
2.1
':) ~
1...... C
'.
Section 3
Cer't i f ic~_te..? 9I..Occupancy and Comp I i ance:
Cert if i cat~_~__oJ'__.ocCIJJlar1CY
'or':
. ~---".,.
shall be r-equir-ed
1. Occupancy and use of a building hereafter
erected or structur-ally alter-ed.
2. Change in use of an existing building to a
use o' a different classification.
3. Occupancy and use of vacant land.
4. Change in the use o' land to a use of a
differ-ent classification.
5. Any change In the use of a non.-confor'rning
use.
No such occupancy, use, or- change
take place until a Cer'tificate
ther'efor'e has been issued by
Official.
of
of
the
use shall
Occupancy
Bu i 1 ding
Cer't i fica te_s__ __ QI Occupi',ncy. i.or: Non-.Con for'rn i ng
Uses: A Cer-tificate of Occupancy shall be
r'equ i r'ed for a 11 I a,qfu I non-.confor'rn i ng uses of
land or buildings created by adoption of this
Ordinance. Appl ication for- such Certificate of
Occupancy for' a non-confcIr'rning use shall be
filed with the Building Official by the owner or
1 easee c;f the bu i 1 ding or' 1 and occup i ed by sucl,
non-conforming use within one year of the
effective date o' this Ordinance. It shall be
the dutyo' the Building Official to issue a
Certificate of Occupancy for a lawful non-
con'or-ming use, or refusal of the Building
O"icial to issue a Certificate of Occupancy Por
such non-conforming use shall be evidence that
said non-con'or-ming use was either illegal or
did not law'ully exist at the effective date of
this Or-dinance.
Procedure: Written appl ication for- a
Certificate of Occupancy 'or- a new building or
for an existing building which has been alter-ed
shall be made at the same time as the
appl ication 'or the building permit for such
building. Said Certificate shall be issued
within three days o. completion of constr-uction
or- alteration. Wr'itten appl ication for' a
Cer-ti'icate o' Occupancy 'or- the use o. vacant
I and, OF' for a change in the use of I and for- a
building, or- 'or- a change in non-conforming use,
-53-
Sec t i on 4
4.1
'.
4.2
as herein provided, shall be made to Building
OfFicial; if the proposed use is in conformity
with the provisions of this Ordinance, the
Certificate of Occupancy there'ore shall be
issued. The Fee for such Cer-tificate o.
Occupancy shall be five ($5.00) dollars to be
paid to the City o. Schertz at the time the
building permit is issued. Every Certi'icate of
Occupancy shall state that the building or- the
proposed use of a building or land compl ies with
all the provisions of law. A record o' all
Certificates of Occupancy shall be kept on file
in the o'fice o' the Building Of'icial or his
agent.
Home Occupation: Home occupations are
authorized within the City of Schertz according
to the provisions o' this section.
A Home Occupation is Defin?_ct<!?fQ.llo\'Js: Any
occupat i on or' act i v i ty car'r' i ed on by a member' or'
members of the immediate family, r-esiding on the
premises, in connection with which there ii used
no sign other than a personal family name plate
not mor-e than one (1) square foot in area, or- no
d i sp 1 ay tha t ,q ill i nd i ca te fr'om the e:.:ter i or'
that the building is being util ized in part for-
any purpose other than that o' dwelling; there
is no commodity sold upon the premises; no
per-son is employed other- than a member o' the
immediate family residing on the pr-emises; and
no mechanical equipment is used except of a type
that is similar in char-acter- to that normally
used for- pur'e I y domes tic or- househo 1 d purpQ'~es
or mechanical equipment that may be used in
conjunction with the home occupations cited in
this Article, Section 4.2.
It is recognized that not all authorized types
of home occupations can be 1 isted, however, the
following types of home Qccupations are
speci.ically author-ized in the City o. Scher-tz:
a. Office o' physician, dentist, other- medical
practitioner-s; lawyer-, accountant, tax
consultant, architect, professional and
manager' i a 1 consu I tants, sa I esper'sons, r'ea 1
estate agents, insurance agents,
stenographer-/administrative occupations.
b. Dressmaker, seamstress, tailor.
c. Au thor', composer',
sculptor-.
pa inter'
(f i ne ar t ) ,
-54-
>,
.'.-
d. Music or- dance teacher, tutor-.
instructor- is 1 imited to not more
pupils at a time.)
(Musical
than t,qO
e. Arts and crafts such as making o. stained
glass, ceramics, Jewelry; lapidary work; rug
l.JeaV i ng.
f. Making and
i nstr'uments.
musical
r'enovation
of
4.3
It is recognized that not all unauthorized
types of home occupat ions can be 1 i sted,
however, the 'ollowing types of ~ome occupations
ar'e specifically not authorized, in the City of
Scher'tz:
a. Occupations that require equipment which
creates noise, vibration, smoke, dust, odors,
heat or glare, any o' which is offensive to
per-sons of ordinar-y sensibil ity in the
ne i ghbor'hood.
b. Bar'ber.shop
styl ist.
and beauty shop/par-l or-, hair
c. Vehicle, and medium and heavy appl iance
repair-, ie: Electr'ic or' gas mOlqer'S, electric
motor-s (over- one-horse r-ating), outboar-d and
i nboar'd boat motor-s, motorcyc 1 es.
d. Cl in ic or- hosp i ta 1 .
e. Stable or' kennel.
f. Animal cl inic or' hospital.
g. Ant i que shop.
h. Gi ft shop.
i. Restaurant, cater-ing service or- any food
preparation for sale elsewhere or on premises.
J. Renting o. trailer-so
k. Tourist home.
1. Grooming o. pets.
m. Retail sales outlet.
n. Tattoo par-lor-/business.
-55-
4.4,
Per-m it ReQu__iX'l;!cl:_
Each resident within the City of Schertz
has, or shall have, an authorized
occupation, is required to have a
occupation per-mit. (See Schedule o' Fees)
that
home
home _
4 ~'
'.""
App 1 i ca t i on 'o~~_HomE!_~c:,':'~~~'='-_I".err~Lt:_
a. Appl ications for a Home Occupation Permit
are available upon request to City Inspector,
and shall be completed by each person having or
des i r' i ng to have a home occupat i on. I' the
home occupation is one that is 1 isted in
Section 4.2, upon verification by the City
Inspector, the Ci ty Inspector \qi 11 issue a home
occupation per'mit to the appl icant. I' the
r'equested home occupat i on is a type that may be
reasonably included as being authorized, the
City Manager is authorized to make that
determination and gr-ant appr-oval to the City
Inspector to issue a home occupation permit.
b" I f the app 1 i can t des i r'es a home occupa t ion
that is not listed in Section 4.2, and a
determination cannot be made by the City
Manager, or the requested home occupation is
listed as unauthor'ized in Section 4.3, the City
I nspec tor' ,.) i II accep t the app 1 i ca t i on and
submit that appl ication to the City o' Scher-tz
Planning and Zoning Commission for- their
cons i der-a t ion.
1. When an app I i ca t i on is r'equ i r'ed to
be submitted to the Planning and Zoning
Commission, the City Sta.f will advise the
appl icant of the meeting at which the
application will be consider-ed by that
Commission, and the appl icant is required to
be present at that meeting 'or- the
appl ication to be considered.
2. The Planning and Zoning Commission,
a.ter evaluation and consideration of the
appl ication, is author'ized to make an
interpretation that the requested home
occupation is within the realm o' intent of
those types o' home occupations that may be
authorized in the City o' Schertz. If the
r-equested home occupation is a type that is
I isted as unauthorized in Section 4.3 of
this Or-dinance, the Planning and Zoning
Commission may grant an exception and
authorize the City Inspector to issue a Home
-56-
Occupation Per-mit. It will be up to the
appl icant to submit su'ficient evidence that
"Jill suppor't gr'anting an exception. At
least one type of suppor-ting evidence that
is authorized to be submitted to the
Planning and Zoning Commission for their-
consider-at ion is a signed statement by each
pr'oper ty Olqner' with i n t,qO hundred (200')
feet of the proper'ty on wh i ch the home
occupation is to occur, stating that said
property owner- has no objection to the
existence of the proposed home occupation.
An example type of a statement is as
follO\'Js:
III (NAME), the property owner at
(AODRESS) have been adivsed by (NAME OF HOME
OCCUPATION APPLICATION) o. his request to
the City of Scher t z for- a Home Dccupa t ion
Permit for the pur-pose of conduction (TYPE
OF HOME DCCUPATION), and I have no objection
to a Home Occupation Per-mit being granted by
the City of Schertz to the per-son and for-
the purpose reflected in this statement."
S i gnatur'e
and date.
of neighboring property owner,
.'.
3. If the Planning and Zoning Commission
disapproves the appl ication for a Home
Occupation Per-mit, within five days, that
Commission will cause the appl icant to be
notified in wr-iting of the disapproval and
the reason therefore.
'.
In that letter', the appl icant ,.Ii 11 be
advised o. his/her right to appeal the
decision to the City of Schertz Board of
Adjustment accor-ding to the City of Schertz
Zoning Or'd inance Number' 79-S-15, as is, or-
may be amended.
4. An appl icant who is renting the proper-ty
on \qh i ch a home occupa t i on perm it is
r'equested \qill obtain a wr'itten statement
from the owner o' the property. The owner
will state that he/she has no objection 'or-
the home occupation on the pr-operty. This
statement will accompany the appl ication for-
a home occupation. An application which
indicates objection by the proper'ty Olqner-
will not be accepted.
-57-
>,
~ .'.,
4.6
ARTICLE XXVI
See t j on 1
Section 2
Home Occupat i on Perm i t Term i nat i or1.:._
a. Once issued by the City of Schertz, a Home
Occupation Permit remains val id 'or a period of
one (1) year as long as the conditions remain
the same as existed at the time the permit was
issued or this Or-dinance is revised or amended
to re'lect otherwise.
b. The City Inspector(s) ar-e authorized to
per iod ically, at least annually, enter the
premises that the home occupation is located to
insur-e that compl iance with this Ordinance is
being ful'illed. If compl iance does not exist,
the City Inspector may terminate the val idity of
the Home Occupat i on Per'm it at that time.
c. I' a Home Occupation Per-mit is ter-minated
by the City Inspector, or any other authorized
o'ficial of the City, the person having had
permit terminated must reapply For a per-mit
under the conditions and procedur-es establ ished
by this section for the issuance of a Home
Occupation Per-mit.
BOAFm OF ADJUSTMENT
The Zoning 80ar-d of Adjustment as created by
Article VIII, Section 8.02 o' the City Charter
of Schertz, Texas, shall hear and r-ule on all
appeals to this Ordinance.
Jur'isclLctiJ;l[l:_ When, in it's judgment, the
publ ic convenience and wel'ar-e will be
substantially served and the apropriate use o'
neighboring property will not be substantially
or- permanently injured, the 80ard o' Adjustment
may, in specific cases aFter' publ ic notice and
publ ic hearing, and subject to appropriate
conditions and sa'eguards, author-ize and shall
have the power to grant the following special
exceptions to the regulations her-ein
establ ished. In granting such exceptions and
regulations the Board of Adjustment shall not
permit within any district a use that is not
permitted in that district and the distr-ict
r-egulations as set 'orth in this Or-dinance. The
Board of Adjustment shall not permit any
var-iations or exception i. the appl icant has
contr-ibuted to the cause of the unnecessar-y
hardship of which he complains.
-58-
Section 3
'.
Section 4
Section 5
The Boar-d o' A<:1just.~oeI'1..L!"_'!y__",l.1_ow th~~lo'oJ.in9:.
1. The r'econstr'uction of a building occupied by
a non-.'confor'ming use, pr'ovided such
r-econstr-uction does not prevent the eventual
return of suet'l prop~rty to a conforming use, may
be per'm i t ted.
2. Modi'ications of yard, open space, parking
lot area or lot width r-egulations as may be
necessary to secure appropr-iate development o' a
par-cel of land may be permitted.
3. Require the discontinuance o' non-con'orming
uses of land (not primar-y structures), under any
plan wher-eby the full value o' any improvement
can be amor-tized within a reasonable number of
year-s, taking into ccmsider-ation the gener-al
char-acter of the neighbor-hood and the necessity
for all proper-ty to confor-m to the regulations
o' this Or-dinance.
4. Reduce required off-str-eet par-king if it can
be shown that the required minimum as herein
establ ished will not at any time be necessar-y
because of the character o' the proposed uses at
a probable I imited quantity o' employees,
cl ients, customers or tenants.
5. Decide appeals wher-e it is alleged ther-e is
er-ror in the order, requirement, decision or
dfeter'mination made by the Building O'ficial in
the enforcement o' this Or-dinance.
Applications _~or.__J:;E",.c:liil...1E::.:><:c:.",p.tJons:_ All
appl ications for special exceptions shall be by
appeal to the Board of Adjustment. Appeals to
the Boar-d o' Adjustment may be taken by any
per-son aggr-ieved, or by any officer-, department,
board, or- bureau o' the City affected by any
decision of the administrative o'ficer-. Such
appeal shall be taken within a reasonable time,
as provided by the rules of the Boar-d, by fil ing
,,) i th the of f i cer' 'rom ,qhom the appea lis taken
and with the Board of Adjustment a notice o'
appeal speci'ying the grounds thereo'. The
officer- 'r-om whom the appeal is taken shall
forthwith tr-ansmit to the Board all paper-s
constituting the r-ecord in the matter being
appealed.
Stay o' Proceedinos: An appeal shall stay all
pr-oceedings in the matter appealed, unless the
Officer from whom the appeal is taken cer-ti.ied
-59-
SE~C: t i on 6
>,
>. ~l..
Section 7
7.1
to the Board of Adjustment that a stay would in
his opinion cause imminent peril o~ life or
pr'operty.
Hear' i nqs of Ap.Qg_{l.1 St The Boar'd o' Adjustment_
shall fix a r-easoriable time for the hearing 0'
an appeal and shall give "Jr'itten notice to the
parties o' interest. In addition, at least
'ifteen days advance notice shall be given by
publ ication at least once in the official
publication o' the City stating the time and
place of such hearing, the par-ties appealing
such matter, and the lot descr-iption o' the land
Iqh i ch the ma t ter' concer'ns. The Board o'
Adjustment shall mail notices 0' such hear-ings
to the petitioner- and owners of property lying
within three hundred 1300') feet o' any point of
land on ,.,hich a variation is desir'ed and to all
other persons deemed by the Boar-d to be a'fected
thereby. Such o'"ner's and persons shall be
deter-mined accor-ding to the current tax rolls of
the City. In exercising it's powers, the Boar-d
of Adjustment may r'ever'se or- affirm wholly or'
par-tly, or may modify the order, r-equirement,
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 of'icer
from whom the appeal is taken. The concurring
vote of four- members o' the Boar-d o' Adjustment
sha II be necessar'y to r'ever'se any or'der',
requirement, decision, or determination of any
building inspector. The concurring vote of 'our
members of the Board o' Adjustment shall also be
necessary to decide in favor of an appl icant on
any matter upon which the Boar-d is required to
pass upon under this Ordinance other- than an
appea 1 .
Court Appeal :_ Any per'son or' per-sons, jointly or'
severally aggrieved by any decision o' the Board
0' Adjustment, or any taxpayer-, or- any officer-,
department, board, or- bureau o' the City may
pr'esent to a cour't o' r'ecor'd as prov i ded by law
a petition, duly verified setting for-th that
such decision is illegal, in whole or' in part,
specifying the grounds o' the illegal ity. Such
petition shall be presented to the court within
ten days after- the .il ing of the decision in the
office o' the 8oard.
Writ of Cer-tiora~~ Upon the presentation o'
such pet i t ion, the cour't may a 11 O~J a wr'i t o'
certiorari directed to the Board o' Adjustment
-60-
7.2
"
7.3
ARTICLE XXVI I
Sec t i on 1
1.1
1.2
to r'ev i ew sLlch dec is i on o' the Boar'd o'
Adjustment and shall prescribe therein the time
within which a return ther-eto must be made and
ser'ved, l'lh i ch sha 11 not be 1 ess than ten days
and may be extended by the Court. The allowance
of the writ shall not stay pr-oceedings upon the
decision appealed from, but the court may, on
appl ication, on notice to the Board, and on due
cause shotl.Jn, gr--ant a r-estr-a in i ng or-de..--.
Retur'n of Cer'tifiec!.__Copies: The Board o'
Adjustment shall not be required to return the
original paper-s acted upon by it, but it shall
be sufficient to r'etur'n cer'tified or s~'orn
cop i es ther-'~of or of such port ions thereof as
may be ca II ed for' by such l,)f"' it. The r'etur-ned
copies shall concisely set forth such other
facts as may be per-tinent and mater-ial to show
the grounds of the desision appealed from and
shall be cer-tified, If upon the hearing it
shall appear to the court that testimony is
neeessary for- the proper- disposition o' the
matter-, the court shall take evidence, appoint a
referee to take such evidence as it may direct
and report the same to the cour-t with his
'indings of 'act and conclusions of law, which
shall constitute a par-t of the pr-oceedings upon
which the deter-mination of the court shall be
made. The court may reverse, wholly or partly,
or may modify the decision br-ought up for
review. Cause shall not be allowed against the
Board unless it shall appear to the court that
it acted with gross negl igence, or- in bad faith,
or with mal ice in making the decision appealed
'rom. All issues in any proceeding under this
Article XXVI shall have prefer-ence over all
other civil actions and proceedings. As Acts
1961, 57th Leg., Pg. 687, Chap. 32, Par-a 1.
Fees:
(See Schedule o' Fees).
ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT
Enforcement:
Enfor'cement O'fJ.f:.E'J".:l. The pr'ovisions o' this
Ordinance shall be administered and enforced by
the Building Of'icial o' the City of Schertz.
Right to_._Enter:. The Building O"icial or any
dulyauthor-ized person shall have the right to
enter upon any pF'emises at any reasonable time
prior to the completion o' the buildings 'or the
purpose of making inspections o' building or
-61-
,
1.3
See ti on 2
2.1
':> ':l
1__ L.
"
Sec t i on 3
prem i ses necessar'y to car'r'y out his dut i es in
the en'orcement of this Ordinance.
Stop~!,d~!,:E.':_ Whenever' any bu i 1 ding ,qor'k is
being done contrary to the provisions o. this_
Ordinance, the Bui~ding Official may issue a
stop or'der to the o"Jner or contractor doing or
causing such wor-k to be done, and any such
per'son shall for-thwith stop such ~Iork until
authorized by the Building O'ficial to pr-oceed
,q i th the ,qork.
Violation and Penalties:
Any person, 'irm or corpor-ation who shall
violate any of the provisions o' this Ordinance
or fail to comply ther-ewith or who shall violate
or fail to comply with any order- or regulations
made thereunder, or who shall build in violation
of any detailed statement of speci'ication of
plans submitted and appr-oved ther-eunder, or any
cer-tificate or- per-mit issued ther-eunder, shall,
for each and every violation and noncompl iance
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 such violation and/or noncompl iance
shall e:.:ist shall be deemed a separ'ate offense.
But in case any per-son, firm or corporation
violates any o' the provisions o' this Ordinance
or- fails to comply therewith, the City o.
SCher'tz, in addition to imposing the penalties
above provided may institute any appropriate
action or proceedings in cour't to pr'event,
restrain, cor-rect, or- abate or to prevent any
illegal act, conduct, business or use in or-
about any land, and the definition o. any
violation o' the terms of this Ordinance as a
misdemeanor, sha 11 not prec I ude the City o.
Scher'tz fr'om i nvok i ng the c i v i 1 r'eroed i es given
it by law in such cases, but same shall be
culmulative of and in addition to the penalties
prescribed for- such violation.
Prov i s ions of Ord i nance Dec 1 ared J;Q__bJiL11LnJmum
Requirements: In their- interpr-etation and
appl ication, the provisions of this Ordinance
shall be held to be minimum r-equirements adopted
for- the pr-omotion of publ ic health, sa'ety,
morals, and gener-al welfare. Whenever the
requirements of this Ordinance ar-e at variance
with the requirements of any other- law.ully
adopted rules, regulations or- ordinances, the
-62-
:i!
; 4,
8ection 4
Section 5
ARTICLE XXVIII
PASSED,
A. D., 1987,
- '.:i,.-':);\~::,~~l~:....
requirement that is more restrictive or tha
imposes higher standards as determined by th
BLI i 1 ding Inspec tor' sha 11 gover'n.
Repeal of Confl icting Ordinances or Orders
Ordinance and all orders, ordinances or parts 0
ordinances in con'l ict with this Ordinance
specifically Ordinance No. 79-S-15, Ordinanc
No. 80-S-12, Ordinance No. 81-8-23, Ordinanc
No. 81-8-29, Or'dinance No. 81-S-30, Or'dinanc
No. 81-8--39, Dr-dinance No. 81-S-40, Ordinanc
No. 81-8-41, Dr'dinance No. 82-8-10, Or'dinanc
No. 82-8-16, Ordinance No. 82-8-18, Or-dinanc
No. 83-.8-.'6, Or'dinance No. 8:~-'S-14" Or'dinance No
83--8-17,. Drd i nance 84'-8-4, Ord i nance No. 84--5-5
Or.dinance No. 84-S--9, Or'dinance 84-S-17
Ord i nance No. 85-8-2, Ord i nance No. 85'-8-4
Or'dinance No. 85-S-10, Or'dinance No. 85-S-21
Ordinance No. 85-S-23, Or-dinance No. 86-8-2
Or'dinanc:e No. 86-S-7, Or'dinance No. 86-S-9
Ordinance No. 86-8-11, Ordinance No. 86-$-14
Ordinance No.86-S-17, and Ordinance No. 86-S-21
or inconsistent with the provisions of thi
Ordinance are hereby repealed to the exten
necessary to give this Ordinance full force an
ef fect.
Sever'abil ity Clause: Should any section 0
provision o' this Ordinance be declared by th
courts to be unconstitutional or- inval id, suc
decision shall not affect the validity o' th
Ordinance as a whole or any part thereof othe
than the part so declar-ed to be unconstitutiona
or. inval i d.
EFFECTIVE DATE
Th i s code sha 11 become e'fec t i ve fr'oro and afte'
the date of it's approval and adopt ion a'
pr'ov i ded by 1 a",.
Januar'
(CITY BEAU
-63-
APPENDIX A
SCHEDULE OF USES
----------------------------------------------------------------
PREDEVELOPMENT DISTRICT (POl
Un zoned - Spec i f i c Use Per'm i t Requ i r'ed
----------------------------------------------------------------.
SINGLE FAMILY DWELLING DISTRICT (R-l)
One Family Dwelling Detached
Church *
Day Nurser-y/Kindergarten*
New and Unschedu 1 ed Uses as Prov i ded f'or' Under' ART ICLE I I.
See t i on 4
Par-k/Playground/Similar Public Site
PLJbl ic Recreation Center''*'
Schools*
.>.'
*Specif'ic Use Permit Required
----.--------------------------------------------------.----------.
SINGLE FAMILY DWELLING DISTRICT (R-2)
One Family Dwell ing Detached
Church*
Country Club*
Day Nursery/Kindergarten*
Ne'~ and Unscheduled Uses as Pr'ovided for- Under' ARTICLE II,
See t ion 4
Schools*
*Spec i f' i c Use Per'm it Requ i r'ed
.------.----------."'---------------.--.-----.----- "--------.-------------.
'-64-
----------------------------------------------------------------
SINGLE FAMILY DWELLING DISTRICT (R-6)
One Fam i I Y Dwell i ng Detached
Chur-ch*
Countr'y Club*'
Day Nursery/Kindergarten*
New and Unscheduled Uses as Pr'ovided for' Under' Ar'ticle II,.
Sec t i on 4
Par-k/Playground/Similar Publ ic Site
Pub 1 ic Recreation Center'*
Schools*
*Specific Use Per-mit Required
--------------------------------..------------------------------_.
SINGLE FAMILY DWELLING MANUFACTURED HOUSING DISTRICT (R-7)
<~
One Family Dwell ing Detached
Chur-ch*
Countr'y Club*'
Day Nursery/Kindergarten*
New and Unschedu 1 ed Uses as Pr'ov i ded for' Under' Ar't i c 1 e I I,
See t i on 4
Park/Playground/Similar Public Site
Public Recr'eation Center'*
Schools*
*Specific Use Permit Required
- ..~. -- -.. -- ~.~ _u _.. _ _. _ ..... _.. _. ~...__".._~...~. ,,_ ~._ _... n"'_.' _~___ _.. _. _ ~_ __ _~ _~ _. ~_ .._ ..... ..~. _ "~. _~ ~_. _ _.. _ ~_..... m.' __ __. _ ....._ __ .._ _. _ _._ __"
TWO FAMILY DWELLING DISTRICT (R-3)
One Family Dwell ing Detached
One Family D,qell ing Attached (Town House)See Pr'ovisions Ar't. IX
Two Family Dwell ing
Multi-Family Apartment Dwell ing
80arding or- Rooming House
Chur'ch*.
Day Nur-sery/Kindergarten
New and Unschedul ed Uses as Pr'ov i ded for' Under' ARTICL.E I I,
See t i on 4
Par-k/Playgr-ound/Similar- Public Site
Public Recr-eation Center*
-65-
....-......-.
"':"'.,,,.'. ..,
----------------------------------------------------------------
TWO FAMILY DWELLING DISTRICT (R-3) (Cont'd. )
Residence Home for- Aged*
Schools*
Social and Recreational Building
*Speci.ic Use Permit Requir-ed
-----------------------------------------------------------------,
APARTMENT/MULTI-FAMILY DWEL.LING DISTRICT (R-4)
One Fain i I y Dwell i ng Detached
One Family Dwell ing Attached(Town House) See Pr-ovisions Art. IX
Two Family Dwell ing
Multi-Family (Apartment Dwell ing)
-----------------.., _._._------------~------------'"------------"_._-_.-
GARDEN HOME DISTR ICT (R--5)
.,
New and Unschedu 1 ed Uses as Pr'ov i ded for' Under' ARTICL.E I I,
Sec t i on 4
.____...~...H_'._...__ __ ......_~_.n_...~_" _.__._o~_ ..._._ ','~'""'.n.._" _ ___.. .. _ _._.._~... ..,_ "_~_H__ HH"_ n_ "__~_~ ."OH'H_" _ _ _ .n~ ..." ... ....... ..__.....H H... __
MOBILE: HO~lE PARK DISTRICT
N,,'w and Unscheduled Uses as Pr'ovided for' Under' ARTICLE II,
Sec t i on 4
Park/Playground/Similar Publ ic Site
Pub 1 ic Recr-eation Center
Social and Recreational Building
_n_'_H...____H_ ..___.._____.____________H_~________.___H______H_______._...._______....._,
-66-
. ':";:;';;"'-"'-""-"';~~-:j;
----------------------------------------------------------------
OFFICE ANO PROFESSIONAL
"
.,
:'"'
Bank or Savings and Loan 0.. ice
Barber and Beauty Shop
Book and Stationery Stor-e
Cafeteria/Restaurant
Clean i ng /Laundr'y Pick-Up Sta t ion
Cl inic, Medical or- Oental
Commer-cial Parking Lot or Parking Gar-age*
Day Nursery/Kindergarten
Drug Store/Pharmacy
Fl or i st Shop
Hosp i tal
Hotel or Motel*
Key Shop
Laboratory, Medical or- Dental
Library/Art Galler-y/Museum
Medical Appliances, Fittings and Sales
New and Unscheduled Uses as Provided 'or Under ARTICLE II,
Sec t i on 4,
Opt ical Shelp
Per'sonal Custom Ser'v ices Such as Ta i I or'/M ill i ner' ReI ated
Print Shop
Pr'ivate Club
Private Tennis Club
ProFessional O"ice
StUdiO, Health Reducing or Similar Service
Studio, Photographer-, Artist, Music, Drama, Dance
Taver'n*
Tr'Bvel Bur'eau or' Consul tant
*Specific Use Pemit Required
----..----------.-------...--------------------- ...-----------------------
-67-
,.-c;;,'_.- --
NEIGHBORHOOD SERVICES
,!'
Amusement, Commercial Indoor
Animal Cl inic Or Pet Hospital (No Outside Pens)
An t i que Shop
Appl iance Sales/Repairs
Art Supply Store
Auto Parts Sales (In Building)
Bakery/Confectionery Shop (Retail Sale)
Bank or- SaYings and Loan 0.. ice
Barber and 8eauty Shop
Belak and Sta t i oner'y Stof'e
Cafet~ria/Restaurant/Drive-In Restaurant
Ca mer'.. Sh op
Car Wash
Civic Center'
Cleaning/Laundr-y Pick-Up Station
Cleaning/l.aundry Self-Service Shop
Cleaning Shop/Laundr-y
Clinic, Medical or Dental
Cc.mven i ence Stor'e
Day Nursery/Kindergarten
Depar' tmen t Stor'e/D i scoun t House
Dr-ug Stor-e/Pharmacy
Flor-ist Shop
Furniture Appl iance Stor-e
Gar'den Shop and Plan t Sa I es
Gasol ine Ser-vice Station
Gr'ocer-y Store
Har'd"lar'e Stor'e
Heating/Air Conditioning (Retail)
Hobby Shop
Key Shop
Libr-ary/Art Galler-y/Museum
Maintenance Repair Services
Medical Appl iance Fittings and Sales
New and Unscheduled Uses as Provided for Under ARTICLE II,
Secti on 4,
:~
Package Store
Print Shop(Retail)
Per'sonal Custom Ser'vices Such as Tai lor'/Mi 11 iner' Related
Pet Shop - Small Animals, Birds, fish
Plumb i ng Shop (Retai I )
Print Shop
Professional Office
Residence Home Por Aged
Retail Shops, Appar-el Accessories, Gifts and Similar-
Consumer Items
Shoe Repa i r'
Social and Recr-eational Building
Studio, Decorator and Display of Ar't Objects
StUdio, Health Reducing or- Similar- Ser-vice
Studio, Photogr-apher-, Artist, Music, Dr-ama, Dance
-68-
NEIGHBORHOOD SERVICES (Cont'd.)
Swimming Pool (Private)
Var' i ety Store
Video Sales and Rental
-----~.,------------------~-----------------.._--_._---------------~--
GENERAL BUSINESS
:~!
Airpor-t, Hel ipor-t or- Landing Field*
Amusement, Commercial or Outdoor/Indoor
Animal Cl inic or Pet Hospi~al (No Outside Pens)
An t i que Shop
Appl iance Sales/Repair
Art Supply Stor-e
Auto LaundY'y
Auto Painting and Body Shop
Auto Parts Sales (In Building)
Auto Sa I es - Ne~l or' Used Car Lot (Open)
Bakery/Con'ectionery Shop (Retail Sale)
Baker-y/Wholesale
Bank or- Savings and Loan Office
Barber and Beauty Shop .
Boarding or Rooming House
Book and Stationery Stor-e
8uilding Material Sales
Cab i net or' Uphol ster'y Shop
Cafeteria/Restaurant/Drive-In Restaurant
Camer'a Shop
Car Wash
C i vi c Cen ter'
Cleaning/Laundr-y Pick-Up Station
Cleaning/Laundry SelF-Service Shop
Cleaning Shop/Laundry, Commer-cial
Clinic, Medical Or Dental
Commer'c i a 1 Par'k i ng Lot or' PaY'k i ng Garage
Conven i ence Stor'e
Countr-y Club
Oance Hall/Night Club
Oay Nur'ser'y/Kindergar'ten
Department Store/Discount House
Dr'ive-.In Theater'
Dr-ug Stor-e/Pharmacy
Fa i r'gr'ounds
Florist Shop
Fr'ater'nity or' Sor'or'ity Lodge or' Civic Club
Fur-niture Store
Gar-den Shop and Plant Sales
Gasol ine Service Station
Gr'OCf!r'y Star'e
Handicraft and Art Object Sales
-69-
--____"__.'"_h
'--l~,' ..- -, ,-_
GENERAL BUSINESS (Cont'd.)
Hardware Store
Heating/Air Conditioning (Retail).
Hobby Shop
Home for' Alcohol i c, Nar'cot i c or' Psych i atr' i c Pat i ents*
Hospital
Hotel or' Motel
Institution of Rel igious or Philanthr-opic Nature
Key Shop
Labor'ator'y, Med ical or' Dental
Laboratory, Scientific or- Resear-ch
Librar-y/Art Galler-y/Museum
Maintenance and Repair Services
Medical Appl iance Fittings and Sales
Mortuary
Nelq and Unschedules Uses as Pr'ovided for' Under' ARTICLE II,
Sec t i on 4
;:)1
One Family Dwell ing*
Optical Shop
Package Stor'e
Paint Shop (Retail
Pal"n Shop
Per'sonal Custom Ser'vices such as Tal lor'/Mi II iner. Related
Pet Shop - Small Animals, 8irds, Fish
Plumbing Shop (Retail)
Pr-int Shop
Pr'ivate Club
Pr-ivate Tennis Swim Club
Pr-o'essional Office
Public Recr-eation Center
Radio or- TV Transmitting Station - Commercial
Radio, Television or' Micr'o",ave Tower's*
Railr-oad/8us Passenger- Station
Residence Home for Aged
Retail Shops, Apparel Accessor-ies, Gifts and Similar-
Con su me/'" Items
Seat Cover- or Muffler- Installation Shop
Shoe Repa i r'
Social and Recreational Building
Stor-age War-shouse
StUdio, Decor'ator' and Display o' Ar't Objects
Studio, Health Reducing Or Similar Ser-vice
Studio, Photogr-apher-, Ar-tist, Music, Drama, Dance
S'oliroroing Pool (Private>
T aver'n
Telephone Business Office
Trade Cororoer'c i a 1 Schoo 1 s
Tr'ailer' and Mobile Home Sales or' Rental Only
Tr'ave 1 8ur-eau or Consu 1 tan t
Var'ie\;y Stor'e
*'Spec i . i c Use Per'ro it Requ i r'ed
-70-
MANUFACTURING DISTRICT (M-l1
"
"
Accessory Building, Residential
Airpor-t, Heliport o~ Landing Field
Agricultural Animal Husbandry*
Agricultural Field Crops*
Amusement, Commercial - Outdoor/Indoor
Animal Cl inic or Pet Hospital (No Outside Pens)
Antique Shop
Any Manu'acturing Industrial Stor-age or Assembl ing Process Not
Pr'ohibited by Law (See Provisions ARTICLE; XV, Section 1,2)*
Ar't Supp I y Store
Auto Laundry
Auto Painting and Body Shop
Auto Sales and Repair (In Building)
Auto Sales/New or' Used Car' Lot (Open)
Bakery/Con'ectionery Shop (Retail Sale)
Baker-y Wholesale
Bank or Savings and Loan Office
Bar'ber' and Beauty Shop
Book and Stationery Store
Building Material Sales
Cabinet or Upholstery Shop
Ca'eteria Restaurant
Camera Shop
Civic Center'
Cleaning/Dyeing/Laundry Plant, Commercial
Cleaning/Laundry Pick-Up Station
Cleaning/Laundr-y Sel'-Service Shop
Cleaning Shop/Laundry
Cl inic, Medical or Dental
Clothing Manu'acturing/Similar- Light Manufactur-ing Pr-ocess
Comrner'cial Par'king Lot or Stru(:tur'e, Auto
Contractor-s Stor-age/Equipment Yar-d
Countr'y Club
Dance Hall/Night Club
Department Store/Discount House
Dr'ag Str' i p*
Drive-In Theater
Dr-ug Stor-e/Phar-macy
Fa i r'gr-ounds
Farm Accessor-y Building
Farm, Ranch or Orchard*
Flor'ist Shop
Furnitur-e Appliance Store
Garden Shop and Plant Sales
Gasol ine Ser-vice Station
Gr'ocer'y Stor'e
Handicraft and Art Object Sale
Hard,qare Stor-e
Heavy Machinery Sale/Storage/Repair-
Hobby Shop
Key Shop
Laboratory, Manu'actur-ing
-71-
MANUFACTURING DISTRICT (M-l)(Cont'd.>
;'i(
Laboratory, Medical or Oental
Labor'ator'y, Sc i ant i. i cor' Resear'ch
Letter/Mimeograph Shop
L i brar'y/Ar't Gall ery/Museum
Lithographer/Print Shop
Maintenance and Repair- Ser-vice
Medical Appl iances, Fittings and Sales
Mi lk Depot Dair'y/Ice Cr'earn Plant
Mortuary
Ne", and Unscheduled Uses as Pr'ovided for' Under' ARTICLE II,
Section 4
O'f-Street Parking Incidental to Main Use
Open Stor-age and Sale o' Furniture Appliances and Machinery
Opt ical Shop
Package Stor-e
Pa i nt Shop (Reta i 1 )
Parking Lot/Truck Stor-age
Park/Playground/Similar Public Site
Pawn Shop
Per-sonal Custorn Ser'vices Such as Tailor'/Mill iner' Related
Pet Shop - Small Animals, 8irds, Fish
Plumbing Shop (Retail)
Private Club
Private Tennis Swim Club
Professional Of.ice
Publ ic Recreation Center
Radio or TV Transmitting Station - Commercial
Rad i 0, TV or M i cr'o",ave Tower's
Railroad/Bus Passenger Station
Railroad Team Track/Freight Depot
Railr-oad Tracks and Right-o'-Way
Repair of Appl iances, TV, Radios and Similar- Equipment
Retail Shops, Appar-el Accessories, Gi.ts and Similar
Consurner' I terns
Sale and Service, New and Used Auto Accessories and Parts
(In Bu i I ding)
Sale New Auto Parts (In Building)
Seat Cover' or' Mu.fler' Installation Shop
Servant or Caretaker Ouarters*
Shoe Repa ir'
Social and Recr-eational Building
Storage Warehouse
Studio, Decor'ator' and Display o' Ar't Objects
Studio, Health Reducing or- Similar Ser-vice
Studio, Photogr-apher, Artist, Music, Drama, Dance
Stqimming Pool (Private)*
Taver'n
Telephone Business O'fice
Tir-e Retr-eading and Capping
Trade CommerCial Schools
Trailer- and Mobile Home Sales or Rental Only
Transfer- Stor-age and Baggage Terminal
-72-
MANUFACTURING DISTRICT (M-l)(Cont'd.)
Travel Bureau or Consultant
Var i ety Stor'e
Veter'inar'ian Hospital or f~ennel (Outside Pens)
Veterinarian O"ice (No Animal Hospital)
Welding or' Machine Shop
Wrecking or Salvage Yar-d for Autos or Parts*
*Specific Use Per-mit Requir-ed
'UM_ ~__ _ _._ _ _ _. _ _ ~'M _ _ _____ _. _ _ _ _. _ _ _ _ ~...._._ _ _ __ _.._ _. _..._ 'n _. ,,_, _ ._._._ _ _, _ __ ...._H. __._ __.., _ __ .." _.._. ...h_..
MANUFACTURING DISTRICT (M-2)
Spec i fie Use Per'rn it Requ i r'ed
------------------------------.-------..--.----------------------,--~----
"
-73-
APPENDIX B
DEFINlT IONS
For the purpose of this Ordinance,
herein are de9ined as follows:
certain words as used
Accessor'y Su i I d i n9-Q!::___Ll?e:
,qh ich:
An accessor'y bu i I ding or' use is one
a. Is subordinate to and serves a pr-incipal building or-
pr'incipal use;
b. Is subordinate in ar-ea, extent, or purpose to the
principal building or prinCipal use ser-ved;
c.
Contr'ibutes to
of occupants of
ser'ved;
the corn fot". t , conven i ence, and necess ity
the pr-incipal building or- pr-incipal use
d. Is located on the same building lot as the principal
building or principal lJSe served.
Accescoor'y, when used in the te}(t. sha 11 have the samE' mean i ng as
accessory use. An accessor-y building may be part of the
pr-incipal building.
Alley: An alley is a publ ic right-of-~ay which affords a
secondary means of access to abutting pr-operty.
Apar'tmen_1:;.:_ An apar'tment is a r'oom or' g"'oup of
apartment building used as a d,qell ing for' one (1)
whictl does it's cooking therein.
F.oorns in an
fami ly uni t
"
.Apa,'tr~_e'21:;__..BIJLlding: A building or' por.tiCln ther'eof used or'
intended to be used as a home for- thr-ee (3) or- mor-e famil ies or
households I iving independently of each other- and equipped 'or
prepar-ation of food.
Basement: A stor'y (or' por-tion of a stor'y) par-tly belo,q cur'b
level, with at least one-half of it's height (measured fr-om floQr
to ceil ing) below the curb level. The curb level nearest to a
stor'y (or por-tion of a stor-y) shall be used to deter'mine ,qhether'
such stor-y (or- por-tion of a stor-y) is a basement.
Building Official: The officer- or other- designated
charged with the administration and en'orcement
ordinance, or his duly author-ized r-epresentative.
authority
o' this
Boarding House: A building other than hotel, motel, or- an
apartment hotel where, for compensation and prearr-angement 'or a
df:!f in i te per' i od, mea 1 s or' I odg i ng and mea Is ar'e pr'ov i ded for
three or- mor-e persons, but not exceeding twenty persons.
-74-
Block: A tract of land
street's and pub lie par'ks,
Sc:her'tz.
bounded by str'ei?ts or' a cornb i nat i on of
or corporate boundaries of the City of
Baar'd:
The word Boar-d shall mean the Baar-d of Adjustment.
8u i 1 d i n~~ Any struc ture wh i ch:
a. Is permanently affixed to the land;
b. Has one or mor-e floors and a roof;
c. Is bounded by either open ar-ea or- the lot lines.
A building shall not include such structures as billboards,
fences, or radio towers, or structures with interior surfaces not
nor-mallyaccessible 'or human use, such as tanks, srnoke stacks,
grain elevators, oil cracking towers or. similar structures.
Bu i 1 d i n,g._.9...tacloed: A bu i 1 ding wh i ch is surr'ounded by yards or-
open space on it's building lot.
Bu i I d i n9..._Ar'!,,_8i_ The tota 1 squar'e
building measured on a hor-izontal
'ootage on a lot co.ver'ed by a
plane at mean grade level.
Bu i I d i ng..i::f!YE!. lop ",_'. The net cub i c space tha t r'erna i ns for' pI ac i ng
a structure on a site after building 1 illS, setback, side yard,
height, and bulk regulations are observed.
8u i 1 d i nCj H-'?i<1.J:tt :. The ver-t i ca I distance fr'om the grade to the
highest po i nt of the cop i ng of a flat r.oof, or' to the deck 1 i fiE:
of a mansard r-oof, or to the mean height level between eaves and
ridge for- gable, hip, or gambrel r-oof.
".
Bu i 1 d i nQ..bln.e:
'I"'om the ',"ont
str'uctur'e cannot
A bu i I ding 1 i rn i t f i :x:ed
or side boundar-ies o'
lat~fully e>(tend.
at a specific distance
a lot beyond which a
BuildinQ Plot, The land (lots, or tr-act of land) upon which a
building or buildings are located, or- upon which they are to be
constr.uct~2d, including yar'ds and bounded by the pr'oper'ty line.
Buf'er Zone: A strip of land created to separate and protect one
type o'--lai.i.ct use f,"'orn another'.
Ci ty:
The City of Schertz, Texas.
Cl in i c: An establ ishrnent of off ices in "Jh ich a group of
physiCians, dentists, or other practitioners of the heal ing arts,
and allied pro'essional assistants are associated for the purpose
of diagnosing and treating ill or injured persons. A cl inic may
include a medical or- dental laborator-y, but may not include
facilities 'or pr-oviding r-oorn or board for patients, nor may a
cl inic include of'ices or' facil ities for' veter'inar'ians.
-75-
Club or- Lodqe: An association of per-sons 'or- the promotion of
some non'-pr'o-F i t common object i ve, such as 1 i terature, sc i ence,
politics, good fellowship and similar objectives whictl meets
periodically and which is I imited to members.
_ Carnr!l.~tr:.f;j_.~LluArn~U~~!J't~[It: Any enter-pt'" j.se l~Jhose roa in pur-pose is to
provide the general publ ic with an amusing or entertaining
activity, where tickets are sold or fees collected at the gates
o' the activity. Commercial amusements include zoos, car-nivals,
expositions, miniature golf cour-ses, dr-iving r-anges, arcades,
fair-s, exhibitions, athletic contests, r-odeos, tent shows, fer-ris
"Jheels, childr'ens'r'ides, roller' coaster's, skating r'inks, ice
rinks, travel ing shows, bowl ing alleys, pool parlor-s, and similar
entey"pr i ses..
Commotl P.r:PBer:..Bt.: A par.cel of land, together'
impr-ovements thereon, the use and enjoyment of which
by the owners and occupants o' the individual building
Planned Unit.
with the
ar-e shared
sites in a
Commission:
Te:,<as.
The Planning and Zoning Commission of Scher-tz,
Cornpr'ehe~l.!"i'(E;!_~",s.tceL._ p'l an: A 1 ega 1 document often in the 'or'rn o'
a map and accompanying text adopted by the local legislative
body. The plan is a compendium of it's gener'al pol icies
regarding the long-term development of it's Jurisdiction. It is
also called a "gener'al plan" or' "City Plan".
Council:
The City Council of Schertz, Texas.
'.
Cour. t: An open, unoc:c:up i ed space bounded on roor'e than t"JO sides
by the walls of a building. An inner court is entirely
sur-r-ounded by the exter-ior- walls o' a building. An outer court
has one side open to a str-eet, alley, yard, or- other permanent
open space.
Convalescent Home: Any str-uctur-e used or occupied by three (3)
or- more persons recovering from illness or receiving ger-iatric
care 'or' compensat ion.
Corner Lot: A lot abutting upon two (2) or mor-e str-eets at their
in ter-sectTon.
Distr-ict: Any section of the City
zon i ng r'egu I at ions gover'n i ng the use
the height of buildings, the size of
use are in uniform.
o' Scher-tz for which the
of buildings and pr-emises,
yards, and the intensity o'
D"Jell ing:. Any building
or used for residential
or' por- t i on ther'eof wh i ch is des i gned 'or
pur-poses.
-76-
D'~ellinq, Multi-FamiJy..:.. A building
constructed .por or occupied by three
containing three or mor-e dwell ing units.
or' por't ion ther'eo'
or' mor'e farn i 1 i es and
. D,~e 11 i nR,-.-Ei.r1.9k_Filrflillf_:
exclusively by one family.
A bu i 1 ding des i gned for or occup i ed -
D"Je 11 i ng 1 DL'I?~2::.; A bu i 1 ding des i gned for'
exclusively by two famil ies,
or' OCCLlp i ed
D"Jell i ng UnJ.J:. A r'oom or' su i te o' t"JO or' mor'e r'ooms des i gned or-
intended 'or use by an individual or 'amily in which cuI inary and
sanitary conveniences are provided for- the exclusive use of such
individual or 'amily.
Dor-mitory: Any str-ucture specifically designed to house student
~nants.-associated ,qith a university, college or school.
Family:_
lhar'r i age,
occupancy
A gr'oup of t,qO or' mor'e per'sons r'el ated by
or adoption residing together-; this is the
intended for- "single-family residence" distr-icts.
blood,
basic
.F i 11 i n~...BetaLL_.._ 8",,,,-'-'1-':e_ Sta t ton: An es tab I i shrnen t ,~here
gasol ine, oil, and grease, or automobile accessories are sold,
supp lied or' dispensed to the motor- veh i c 1 e tr'ade or' ,"her'e motor'
vehicles receive 1 imited r-epair-, are equipped for- ser-vice, or
where electric storage batteries are char-ged and cared Por-, or a
p I ace wher.'e any t"JO (2) or' mor'. such act j v it i es ar'e car.r' i ed on or.
conducted as the pr-incipal use o. the establishment.
FI"'ater'n i ty, 8.,,!,::(jr: i.ty_, or' .G.r:ou.p Student
occupied by and maintained exclusively for-
~Jith an academic or' vocational institution.
House: A building
students af.il iated
'.
Fr'ontage: All the pr'oper'ty on one side o. a street b,?tw.?en t,qO
- i n ter'sec f-i ng str..ets (cr'oss i ng or' ter'm i na t i ng) measur'ed along the
1 ine o. the street, or if the street is dead ended, then all the
proper-ty abutting on one side between an intersecting str-eet and
the dead end of the street.
Garage, Commercial: A commercial
structure used for housing more than
where any vehicles are repaired
r-emuneration, hire, or sale.
garage is a premise and
five (5) motor vehicl,,~s OF'
for oper-ation or kept for
Garage, Pr' i va te: An accessor'y bu i I ding des i gned or' used for' the
stor-age o. per'sona II y O\qned motor'-dr i ven veh i c 1 es owned and used
by the occupants o. the building to which it is necessar-y. Not
more than one o. the vehicles may be a commercial vehicle o. not
more than two-ton capacity.
Gar'ageL- PublJ_~.;._ A bu i I ding
private or- storage garage,
servicing, repair-ing, hiring,
vehicles.
or' por't ion
designed or
se 1 ling, or'
thereo', other than a
used for- equipping,
stor-ing motor--dr-iven
-77-
Garden Home: Is
separated rrom it's
lot having a minimum
an individually owned single-family
neighbor by a minimum o' ten (10) feet
of .ive thousand (5,000) square 'eet.
home,
on a
Home OCj;)'!P..;lj;J.9n: Any occupa t i on or ac t i v i ty car'r' i ed on by a
membe.... of the immediate family, r.-esiding on the premises, in
connection with which ther-e is used no sign other than a personal
family name plate not more than one (1) square foot in area, or
no display that ,qill indicate 'rom the e>,:terior that the building
is being utilized in part 'or any pur-pose other- than that o' a
dwell ing; there is no commodity sold upon the pr-emises; no person
is employed other- than a member o' the immediate family residing
on the pr-emises; and no mechanical equipment is used except of a
type that is similar in character to that normally used for
purely domestic or household purposes.
Hosp ita 1, San i tar' i um, Nur's i no or- Conva 1 eSl::l'!n~ Homes: A bu i I ding
or' portion ther'eof, used or designed for the housing or treatment
of the sick, aged, mentally ill, injured, convalescent or in'irm
persons; pr-ovided that this definition shall not include rooms in
any residential dwell ing, hotel, apar-tment hotel not ordinarily
intended to be occupied by said persons.
H,,~te.l: A bu i 1 ding used or' intended to be used as 1 i v i ng quar' t~'r's
for- transient guests, but not excluding per-manent guests, and may
include ~ ca'e, drugstore, clothes pressing shop, bar-ber- shop or-
other service facil ities Por the guests for compensation.
I~inder'gar'ten: Any school, pr-ivate or' par'ochial, oper'ating for'
profit or not, attended by four (4) or more children at anyone
time during part of a twenty-four (24) hour day, which pr-ovides a
program of instruction for children below the first grade level
in which constr-uctive endeavors, object lessons and helpful games
. are prominent 'eatures of the curriculum.
Load i ng Sp1!.t:.!?_:.. A space with i n the ma in bu i 1 ding or' on the same
lot ther-ewith, pr-oviding for the standing, loading or- unloading
of trucks, and having a minimum dimension of 12 by 35 feet and a
ver-tical clear-ance of at least 14 feet.
Lot: As used her-ein, a "lot" is the physical and undivided tr-act
or parcel of land shown on the duly recor-ded plat.
Lot Ar'ea: The ar'ea of a lot betlqeen lot 1 i nes, i nc 1 ud i ng any
por-t i on of an easement \qh i ch may e>d st with i n such lot 1 i nes.
Lot Cor-ner: A lot I~hich has an inter'ior angle of less than 135
degrees at the intersection of two street I ines. A lot abutting
upon a curved str'eet sha 11 be cons i der'ed a cor'ner' lot i. the
tangents o' the curve at the points of the intersection o' the
side lot 1 ines inter-sect at an inter-ior angle o' less than 135
degrees.
-78-
Lot, Double Fr:.()!1~~E.- A lot having a 'rontage on t;,qO non-
intersecting streets as distinguished from a corner lot.
Lot, Inter' i or': A bl.l i I ding lot othE'I" than a corner' lot.
...L9~C?L.R<;!c::()r'd: A lot \.,h i ch is par't of a subd i vis i on, the map o'
which has been recor-ded in the o'fice of the County Cler-k of
Guadalupe, or 8exar and/or Comal Counties; or a parcel o' land,
the deed o' which was recor-ded in the office o. the County Cler-k
o. Guadalupe, or 8exar and/or Comal Counties.
Mobile Home: A movable or' por'table d"Iell ing constructed to be
towed by a motor vehicle on it's own chassis over Texas r-oads and
highways under- special permit connected to util ities, and
designed without a permanent foundation, for year~round 1 iving.
I t may cons i st of one or' mor'e un i ts that can be tel escoped when
towed and expanded later for- additional capacity, or o' two or
more units separately towable but designed to be joined into one
i ntegr'a 1 un i t.
Mobile Home DEi\f.e.l.gllr~~nt: A un i f i ed devE~ I opmen t of mob i 1 e homes
placed on individually owned lots.
Mobile Home Par'k:._ A uni.ied developme>nt of mobile
ar-ranged on a tract of land under- single person
meeting all requirements of this Ordinance.
home spaces
olqnersl, i p ,
Motel or- Motor Hotel: A building or group of buildings including
either separate units or- a row o. units which contain sleeping
accomodations pr-imarily for transient occupancy, and provide opp-
str-eet parking space on the same building lot for- use of it's
occupants.
~ ""
Multiple 8ui ldl~ng~go~'lple>(:
on a building plot.
Mor-e than one II) pr-incipal building
Nonccmforming Use: The use of land or a building, or- a portion
- ther'eo.,~-i;hTc::h use does not confor'm Iqith the use r'egulations of
the distr-ict in which it is situated and which was in existence
prior to the ef'ective date o' this Ordinance.
Occupancy: The use or intended use o. the land or buildings by
proprietors or tenants.
Open Space~ The part o. the countr-yside which has not be~n
developed and ,qhich is desirable 'or preser'vation in it's natural
state for' ecological, historical, or' r'ecr'eational pur'poses, or in
it's cultivated state to pr-eserve agricultural, 'orest, or urban
gr'eenbel t ar-eas.
Par'kino Spaces: A sur"aced ar'ea, enclosed or unenclosed,
su"icient in size to stor-e one automobile, with a sur'aced
driveway connecting the parking space with the str-eet Or alley
and permitting ingress and egress of an automobile. A parking
space shall not occupy any publ ic land.
-79-
Per"m it:
author'i ty
specified
Is an oFficial document or certi'icate issued
having jurisdiction authorizing per'ormance
activity.
by the
o. a
Planned Unit: A land area which:
-~._-_._._.---
1.
has individual
as a par-k, and
building sites and common pr-operty such
2. is designed to be capable o. satis'actory use and
operation as a separ'ate entity ''-lithout necessarily
having the par-ticipation of other building sites or
other- common property.
The ol'Jner.ship of the common pr'oper.'ty may be either' publ ic or'
pr' i va te.
Planned Unit De\l~l_opment; (PUD)_:_ A planned unit development is a
development o' land which is under unified control and is planned
,and developed as a lqhole in a single development oper'ation or'
pr-ogr'ammed ser'ies of development, and l"hich includes str'?ets,
util itie-", lots or. building sites, and l"hich indicates all
structures and their relationship to each other and to adjacent
uses and improvements, as well as open spaces. A planned unit
development may consist of dwell ing units and detached, semi-
detached, attached or multi-family structures or- any combination
ther-eof and may also include non-residential uses such as
rel igious, cultural, recreational, commercial or industrial uses,
compatibly and harmoniously incorporated into the unitary design
of the planned unit development.
Plot;__e.lan~ A plan showing the use of the land, to include
locations of buildings, drives, sidewalks, parking ar-eas,
drainage facil ities and other str-uctures to be constr-ucted.
Retail Food Stor-e: A retail establ ishment sell ing meats, fruits,
vegetables, -baker'y pr'oducts, dair'y products, light har'dwar'e, and
other similar- items which are purchased for use and/or-
consumption off the premises (may be a dr'ive-in or' super'mar'ket
type).
Room i ng House: A gr'OIJp o. r'ooms pr'ov i ded for' compensat ion either'
in a converted single family home or in a structure speciFically
designed for- such purpose. N6 cooking facil ities are provided in
individual I iving units.
RaominQ and Boar-dinq Hous~L Wher-e both rooms and meals ar-e
pr-ovided for compensation 'or more than four (4) persons.
-80-
-
~
'---.."Scrt~"l ite TelevisiOf:!..~J.g.r:!.a.J._.Re(=.eivi!,.gOish: A ground-mounted
device commonly par-obol ic in shape, mounted at a .ixed point on
the gr-ound 'or the purpose o' capturing television signals
tr-ansmitted via satellite communications 'acil ities and serving
the same or- similar 'unction as the common television antenna.
Said devices ar-e herein de.ined as aecessory structures.
t:..-, " 'i"; " ~I' ..'ii'
Setbacl<..l,-i'l~:. A line wh i ch mar-ks the setback distance fr'om the
property I ine, and establ ishes the minimum required 'ront, side
and rear' yard space o' a building plat.
Shoooino Cent~r-: A composite arrangement o' shops
which provides a var-iety of goods and ser-vices to
publ ic, when developed as an integral unit.
and stores
the gener'a 1
S i on. Adver.t is i nqE-
advertising devices
services not 1 imited
sign is located.
Poster panel, painted bulletins or other-
lqh i ch pr'omote and adver t i se commod i ties or
to being o"er-ed on the premises where such
Sign, Business: A gr-aphic device which
commodities or- services of'ered on the premises
is located.
adver-tises only
where such sign
Silln. Church and __gS~.Ic:lfl'L: Name plates and bulletin boar'd 'or'
schools and churches located on premises, but not exceeding
thir'ty (30) squar'e 'eet in area and not a flashing, inter-mittent,
revolving or similar I ighted type.
Fr'ee Standin(,Ll::l.Lgn: A free-standing sign suppor'ted by a single
vertical suppor-t anchored Or set in the ground, no exposed 'ace
0'" wh i ch exceeds sixty-four (64 ).square 'eet .j h ..s.ur'ace area.
#'.'
pign, Real Estate: Temporary signs, pertaining to the sale or
rental o. property upon which they 'are located, not exceeding
twenty (20) squar-e 'eet in area and advertising property only 'or
a use which it is legally zoned.
-,
Stor-age Gar-age: A "stor-age garage" is any pr-emise and str-ucture
designed exclusively for the storage of automobiles.
Sto!::)': That por'tion of a building, other' than a basement,
included between the surface of any 'loor and the sur'ace of the
floor- next above it or, i. there be no 'loor- above it, then the
space between the 'loor- and the ceil ing next above it.
Street: A publ ic or- private thorough'are which af'ords the
principal means of access to abutting property.
Str-eet Line~ A dividing 1 ine between a lot, tract, or- parcel o'
land and a contiguous street.
-81-
..
f!:'1
4.
.~
Str"uctur",.: Anyth i ng constr'ucted or- bu i 1 t, the use o' wh i ch
requ ires permanen t 1 oCa t i on on the ground or at tachmen t to
something having a per-manent location on the ground.
Str'lJC tur'a 1 A 1 t;~r'at ~~l1s: Any change of a support i ng member of a.
structure such as bearing walls, columns, beams or girders.
Town House: Is a row o. single-family dwelling units which are
' attached-by one or' rnor'e common walls.
Use: The purpose of activity
ther'eby is des i gned, ar-r-anged
occupied or maintained, and
performance of such acitvity
standards of this Ordinance.
for which the land or building
or intended, or- for which it is
sha 11 i I1C I ude any manner o'
with respect to the per-'or-mance
Varietys;tor'e:. A retail commercial establ ishment which suppl ies
a var-iety of household goods, toys, 1 ight hardware items, candy,
some cloth i ng and other- gener'a 1 mer'chand i se.
Variance: A legal deviation o. a district zoning regulation
whose strict en'orcement will result in undue hardship.
Pecuniary hardship to the owner, standing alone, shall not be
deemed to constitute undue hardship.
"
Wreck i nq .0.r:S!!ilY<!l.g!i' y'ardj_ ApI ace where waste, discarded or
salvage mater-ials ar-e brought, sold, exchanged, baled, packed,
dissembled or handled, including auto ,qrecking yards, house
,qr'eck ing yar'ds, used lumber yards, and pI aces for storage o.
salvaged materials of house wrecking and structural steel
mater'ials and equipment; but not inCluding such places where such
uses are conducted entirely within a completely enclosed building
and not inclUding pawn shops and establishments for the sale,
purchase or storage o. used furnitUre and household equipment
when conducted entirely within a completely enclosed building,
sale o' used cars in operating condition, or salvaged materials
incidental to a manu'acturing oper-ation.
Yar-d: An open space at grade between a building and the
adjOining lot lines, unoccupied and unobstr-ucted by any por-tion
of a structur-e fr-om the ground upward, except as otherwise
pr'ov i ded her'e in. In rneasur' i ng a yar'd 'or' the pur'pose o'
determining the width of a side yard, the depth of a front yard
or the depth of the rear yar-d, the minimum horizontal distance
between the lot I ine and the main building shall be used.
Yar-d, Front:. A yar-d extending across the front o' a lot between
the side lot lines, and being the minimum horizontal distance
between the str-eet or- place line and the main building or any
projections of the usual uncovered steps, uncovered balconies, or
uncover'ed por'ch. On cor'ner' lots the 'ront yard shall be
considered a parallel to the street upon which the lot has it's
I east d i mens ion.
-82-
.~
"
Yard. Re~,: A yard extending acr-oss the rear o' a lot and being
the required minimum horizontal distance between the rear lot
1 ine and the rear o' the main building or any projections thereof
other than the projections of uncovered steps, unenclosed
balconie"" or' unenclosed por'ches.
Yar-d, Sid~~ A yar-d between the main
o' the lot, and extending 'rom the
required r-ear- yard and being the
between a side lot 1 ine and the side
projections ther-eto.
building and the side line
required 'ront yard to the
minimum horizontal distance
o' the main buildings or any
Dei' in i t ions not e~<press 1 y prescr' i bed her'e i n ar'e to be construed
in accordance with customary usage in municipal planning
engineering practices.
-83-
1
2
3
4
5
6
A
-
c
B
D
I
E
",
,"
.>
'\
\~c. -,,'~
7 .,v
_.~~
8
9
10
11
12
13
14
<,'-~~
,.0C
'"
.'
"
E
B
F
G
~f'f lJJ :Jl3JJ.E1Jf1
~ 1400 LIVE OAK ROAD
P.O, DRAWER I
SCHERTZ, TEXAS 78154
AC (512) 658.7477
H
J
on .he G.o.
'"
...
N
AACOG
STREETS- PLUS PROGRAM
ALAMO AREA COUNCIL OF GOVERNMENTS
Mayor - Earl W, Sawyer
City Manager
Jimmy G, Gilmore
COUNCIL
Chuck Sharpe
Hal Baldwin
Ray Stanhope
Adolph Aguilar
Ken Greenwald
Asst. City Manager
Steve Simonson
City Secretary
June Krause
Emergency Numbers
Major 911
Fire: 658-3333
Police: 658-5321
Ambulance: 658-5321
Waste, Sewer & Garbage Pick-up
Schertz City Hall 658-7477
Guadalupe Valley Elec. Co-op
658-7033
Southwestern Bell Telephone:
New Service: 820-7044
Repair Service: 954-4102
Tax Office for Guadalupe County
1-800-792-0014
JUNE, 1986
J
1
2
3
4
5
-6
7
8
9
10
11
12
13
..
CZ}- 5- I
NeWsPa~cGroup
I
. , ~., :- 4", '~ . .. ,',."
P,O, BOX 2789
UNIVERSAL CITY. TEXAS 78148
(512) 658-7424
~1- 5" f
PUBLISHER'S AFFIDAVIT
(COUNTY OF BEXAR)
(STATE QJ,' TEXAS)
I Lori Robinson, authorized representative of the HERALD NEWSPAPER GROUP,
do solemnly swear that the notice, a printed copy of which is hereto
attached, was published once a week for 1 consecu~ive weekes) in
the HERALD NEWS published at Universal City, Bexar County, Texas on
the following date(sl, to wit: Nov. 20 A.D., 198;;'.
Subscribed and sworn to before me, this 20th
My commission expires 20 October 1990
day of November
, 1986.
c~--'~..
Notary public in and for Bexar County, Texas
(NOTARY SEAL)
S(,;HERTZ
TAKE NOTICE
The Schertz City
Council and Schertz
Planning .. Zoning
COmmission will hold
a Public Zoning
Hearill& on December
10,1988.at7:00p,m, in
I the CoIlferenee Room
of the . Municipal
COmplex, 1400 Live
Oak Road, Schertz.
Texaa, The purpose of
the public zoning
heariDg Is to receive
iDput from the public
on the proposed
. modlfteatlon of the
: sebertz ZonIng Or.
dlnance,
~cJ
//1
A Division of Harte.Hanks Communications, Inc,
I
PUBLISHER'S AFFIDAVIT
:1 j-, b 1
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally
/7
appeared ;)0# F '/1:>''2/;- 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 ofthe within and foregoing /TIC) lie f_ was published in
said newspaper
I
times before the return day named therein,
----,------
--,---
AN ORDINANCE,
AMENDING ARTICLE
XXVII OF THE SCHERTZ
ZONING ORDINANCE
NO, 87-S-1, CREATING
THE CITY OF SCHERTZ
BOARD OF ADJUST-
MENT, PRESCRIBING
THE DUTIES AND QUAL-
IFICATION OF ITS' MEM-
BERS, THE METHOD OF
FILING VACANCIES,
PROVIDING FOR ADOP-
TION OF RULES, REGU-
LATIONS AND BY.LAWS,
First reading approved the
19th day of July, 1994,
June G. Krause,
City Secretary
such publications being on the following dates:
1\ 1 ~\ ,;;.;}., \ C. c.t ""
o I '
and a newspaper copy of which is hereto attached.
(l ~~l
\
Sworn to and subscribed before me, this L day of ~ AD., 19 c;{/
{/
?
'7"hcu<, ~//{~~
NO~bliC, Gll"~~l~pe County, Texas
f~~~~~".;"l..
Ii- ^ '(:0\ MARGARETL, CLARKSON
~ .' .,1,,,:'( ,.l NoIarVPubIC.StllllolTeYZ:
\", j;J~ ,. jMycomm~KlnEXIIll'eSJan14.199l1
\",_h.,,~
l~...~~: c,;".1-:J
'''''"''-..............
.........:..-....