82-S-10- AMENDING THE ZONING ORDINANCE 79S15
ORDINANCE NO. <'f')-S-JO
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AMENDING THE ZONING ORDINANCE (NO. 79-S-l5) OF THE
CITY OF SCHERTZ, TEXAS, IN ACCORDANCE WITH ARTICLE
XIX, SECTION 2-2.1, WHICH AUTHORIZES THE CITY COUNCIL
TO, FROM TIME TO TIME, AMEND, SUPPLEMENT, CHANGE,
MODIFY, OR REPEAL THE REGULATION STANDARDS AND BOUND-
ARIES OF THE CITED ORDINANCE, THIS ORDINANCE DOES
AMEND ORDINANCE NO. 79-S-15, AND RECINDS ORDINANCE
NO. 81-S-29, BY ADDING A NEW SECTION TO ARTICLE XXIII,
ENTITLED "HOME OCCUPATIONS," WHICH ESTABLISHES THE
REGULATION OF TYPES OF HOME OCCUPATIONS AUTHORIZED
WITHIN THE CITY OF SCHERTZ, TEXAS, AND ESTABLISHES THE
ADMINISTRATIVE PROCEDURES APPLICABLE TO "HOME OCCUPATIONS."
WHEREAS, the Planning and Zoning Commission has recommended
to the Mayor and the City Council that the changes made in this ordi-
nance be adopted; NOW THERE~ORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
I
"ARTICLE XXIII ADMINISTRATION
Section 4. Home Occupation
Home occupations are authorized within the City of Schertz according
to the provisions of this section.
4.1 A home occupation is defined as follows: Any occupation or acti-
vity carried on by a member or members of the immediate family,
residing on the premises, in connection with which there is used
no Sign other than a personal family name plate not more than
one (1) square foot in area, or no display that will indicate
from the exterior that the building is being utilized in part
for any purpose other than that of a dwelling; there is no commodity
sold upon the premises; no person is employed other than a member
of the immediate family residing on the premises; and no mechanical
equipment is used except of a type that is similar in character
to that normally used for purely domestic or household purposes
or mechanical equipment that may be used in conjunction with the
home occupations cited in this article, Section 4.2.
4.2 It is recognized that not all authorized types of home octupations
can be listed, however, the following types of home occupations
are specifically authorized in the City of Schertz:
a. Office of physician, dentist, other medical practitioners;
lawyer, accountant, tax consultant, architect, professional
and managerial consultants, salesperson, real estate agents,
insurance agents, stenographer/administrative occupations.
b. Dressmaker, seamstress, tailor.
c. Author, composer, painter (fine art), sculptor.
d. Music or dance teacher, tutor. (Musical instruction is limited
to not more than two pupils at a time).
e. Arts and crafts such as making of stained glass, ceramics,
jewelry; lapidary work; rug weaving.
f. Making and renovation of musical instruments.
4.3 It is also recognized that not all unauthorized types of home
occupations can be listed, however, the following types of home
occupations are specifically not authorized in the City of Schertz:
a. Occupations that require equipment which creates noise,
vibration, smoke, dust, odors, heat or glare, any of which
is offensive to persons of ordinary sensibility in the neigh-
borhood.
b. Barbershop and beauty shop/parlor, hair stylist.
c. Vehicle, and medium and heavy appliance repair, ie: Electric
or gas mowers, electric motors (over one-horse rating), out-
board and inboard boat motors, motorcycles.
d. Clinic or hospital
e. Stable or kennel.
f. Animal clinic or hospital.
g. Antique shop
h. Gift shop.
i. Restaurant, catering service or any food preparation for sale
elsewhere or on premises.
j. Renting of trailers.
k. Tourist home.
1. Grooming of pets.
m. Retail sales outlet
n. Tattoo parlor/business.
4.4 Permit required.
Each resident within the City of Schertz that has, or shall have,
an authorized home occupation, is required to have a home occupation
permit. There is no fee required for a permit.
4.5 Application for Home Occupation Permit.
a. Applications for a Home Occupation Permit are available upon
request to City Inspector, and shall be completed by each
person having or desiring to have a home occupation. If the
home occupation is one that is listed in Section 4.2, upon
verification by the City Inspector, the City Inspector will
issue a home occupation permit to the applicant. If the re-
quested home occupation is a type that may be reasonably
included as being authorized, the City Manager is authorized
to make that determination and grant approval to the City
Inspector to issue a home occupation permit.
b. If the applicant desires a home occupation 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
unauthorized in Section 4.3, the City Inspector will accept
the application and submit that application to the City of
Schertz Planning and Zoning Commission for their consideration.
1. When an application is required to be submitted to the
Planning and Zoning Commission, the City Staff will advise
the applicant of the date of the meeting at which the
application will be considered by that Commission, and
the applicant is required to be present at that meeting
for the application to be considered.
2. The Planning and Zoning Commission, after evaluation
and consideration of the application, is authorized to
make an interpretation that the requested home occupa-
tion is within the realm of intent of those types of
home occupations that may be authorized in the City of
Schertz. If the requested home occupation is a type
that is listed as unauthorized in Section 4.3 of this
ordinance, the Planning and Zoning Commission may grant
an exception and authorize the City Inspector to issue
a home occupation permit. It will be up to the appli-
cant to submit sufficient evidence that will support
granting an exception. At least one type of supporting
evidence that is authorized to be submitted to the
Planning and Zoning Commission for their consideration
is a signed statement by each property owner within
two hundred (200) feet of the property on which the home
occupation is to occur, stating that said property owner
has no objection to the existance of the proposed home
occupation. An example type of a statement is as
foll ows:
, the property owner at (ADDRESS), have been
NAME OF HOME OCCUPATION APPLICANT of his
the City of Schertz for a home occupation
permit for the purpose of conducting (TYPE OF HOME OCCU-
PATION), and I have no objection to a home occupation
permit being granted by the City of Schertz to the per-
son and for the purpose reflected in this statement."
Signature of neighboring property owner, and date.
3. If the Planning and Zoning Commission disapproves the
application for a home occupation permit, within five
(5) days, that commission will cause the applicant to
be notified in writing of the disapproval and the reason
therefor.
In that letter, the applicant will be advised of his/her
right to appeal the decision to the City of Schertz Board
of Adjustment according to the City of Schertz Zoning
Ordinance Number 79-S-15, as is, or may be amended.
4.6 Home Occupation Permit Termination.
a. Once issued by the City of Schertz, a home occupation permit
remains valid for an indefinite period as long as the condi-
tions remain the same as existed at the time the permit was
issued or this ordinance is revised or amended to reflect
otherwise.
b. The City [nspector is authorized to periodically, at least
annually, enter the premise that the home occupation is located
to insure that compliance with this ordinance is being ful-
filled. If compliance does not exist, the City Inspector may
terminate the validity of the home occupation permit at that
time.
c. If a home occupation permit is terminated by the City Inspector,
or any other authorized official of the City, the person having
had a permit terminated must reapply for a permit under the
conditions and procedures established by this section for the
issuance of a home occupation permit.
II
The penalty for the violation of this ordinance shall be the same
as prescribed in Article XXV, Section 2, of the City of Schertz
Ordinance No. 79-S-15.
III
The City of Schertz Ordinance No. 81-S-29, dated October 5, 1981,
is hereby recinded.
PASSED, APPROVED AND ADOPTED this the
19 '$;)-
/6tk day of I1J1C/JL(:L ,
hertz, Texas
ATTEST:
(CITY SEAL)
.
.
E X AMP L E
APPLICATION FOR HOME OCCUPATION PERMIT
TO: Planning and Zoning Commission
City of Schertz, Texas
In accordance with the City of Schertz Ordinance Number , I
the undersigned do hereby request that I be authorized to perform a home
occupation. In support of my request, the following information is submitted.
1. Complete name and address of applicant:
2. Complete description of home occupation to be performed:
3. Names of person(s) to be employed in the home occupation:
4. Are there any state or federal requirements, license, permits, etc., that
will be required to perform this home occupation?
If so, what are they?
5. Estimated additional street parking that will be required to support this
home occupation.
6. Will the home occupation be performed within the residence, garage, or
separate building? (Which one or what facility will be utilized?)
.-
7. From the facility being utilized, what is the shortest distance from
that facility to the most close property line?
8. To the best of your knowledge, do any property owners on either side of
your property oppose your home occupation?
9. What will be the normal operating hours? Numb er days per week, which days,
and operating hours during each day.
10. Have you ever been denied authorization for a home occupation by the City
of Schertz? If so, when.
11. Include additional information, if any, that will support this request. Use
additional pages if required to answer any of the above questions.
Signature and date.
2
February 2, 1982
TO: Schertz City Council
A Public Hearing was conducted on February 2, 1982, to consider
a recommendation by the Planning and Zoning Commission to
amend Ordinance No. 79-S-l5, the Schertz Zoning Ordinance, to
establish a new section in that ordinance to be titled "Home
Occupation". After due consideration, this Commission does
hereby recommend the following action:
,. ..---,
~=COMMEND A~~Y_AL RECOMMEND DISAPPROVAL
r1~~~
~~lanning and Zoning Commission
,-
_ OffICE
1 22 E... Ilyod
P,O, e.. 2789
~CRy. TelOS ?81CB
(512) 658-7424
PUBLISHER'S AFFIDAVIT
COtMY OF BEXAR)
STA...'"E OF ~\S}
I, Therese A. SO!lres
, 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
consecutive weeks in the Northside/
Northeast/Northwest Herald, published at Universal City, Bexar
-
County, Texas, on the followiog dates, to-wit:
March 2';
'A.D., 1982.
'---'\0..,.. Mn~'lcll. 0
~~r Group
Subscribed and sworn to before me, this c1S day of ~J.___
/
1~J.L .
/'tJ 'J}; /'[ ~
( ()~ , ( ~.AU41. I'
Notary Public in and for!
Bexar County, Texas.
~!rlllo"'U<<N"" ('....."O'ly '" T"""".
NOAIHSIOE_H,
1013N.W.loopCIO
San fWonJo. Taos 73213
(512) 349-1979
I
ORDINANCE NO, 8:t-
8-10 :
An Ordinance by the
City Council of the City
of Schertz. Texas,
amending the Zoning
Ordinance No, 79~S-15 i
in accordance with
Article XIX, Section
2~2.l, which authorizes
the City Council to,
from time to time,
amend, supplement,
change, modify, or
repeal the refulation
standards and
boundaries of the cited
I ordinance, this Of.
I dinance does amend
: ordinance No, 79~S~ 15,
and rescinds Or-
dinance No, 81~S~29,
by adding a new
section to Article
XXIII, entitled "Home
Occupations," whieh
establishes the
regulation of types of
home occupations
authorized within the
city of Schertz, Texas,
'and establishes the
. administrative proc.
edures applicable to
"Home Occupations."
Passed, approved
and adopted the 16th
day of March, 1982,
s/JuneG, Krause
City Secretary
City of Schertz
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