1979S15- ZONING ORDINANCE
ORDINANCE NO. 79-5-15
ZONING ORDINANCE
PASSED, APPROVED AND ADOPTED the 21st day of August,
1979
ORDINANCE NO. 79-$-15
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 DISTRIBUTION OF
POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES;
TO REQUIRE OFF-STREET PARKING AND LOADING; AND FOR SAID
PURPOSES TO DIVIDE THE CITY INTO DISTRICTS OF SUCH
NUMBER, SHAPE, SIZE AND CHARACTERISTICS AS MAY BE
ADVISABLE TO CARRY OUT THESE REGULATIONS; TO PROVIDE
FOR ITS ENFORCEMENT; TO PROVIDE FOR A BOARD OF AD-
JUSTMENT; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION
OF ITS PROVISION.
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 Schertz believes 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 welfare; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue concentration
of population; to facilitate the adequate provisions of transportation,
water, sewerage, schools, parks and other public requirements; to preserve
the natural environment; and to encourage the most appropriate use of land
throughout the city, all in accordance with a Master Plan, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
TABLE OF CONTENTS
ART! CLE I
ARTI CLE I I
ART! CLE II I
ARTICLE IV
ARTICLE V
ARTI CLE VI
ARTI CLE VI I
ARTI CLE VI II
CITY OF SCHERTZ, TEXAS
P REAt~BL E
Section 1
Section 2
Section 3
Title
Enacting Clause
Purpose
DISTRICTS, DISTRICT BOUNDARIES, OFFICIAL ZONING
MAP, NEW AND UNSCHEDULED USES, AND COMPLIANCE
REQUIRED
Section 1
Section 2
Section 3
Section 4
Section 5
Districts
Boundari es
Official Zoning Map
Classification of New and
Unscheduled Uses
Compliance Required
NEWLY ANNEXED TERRITORY
Section 1
PRE-DEVELOPMENT DISTRICT REGULATIONS PD
Annexed Territory-Temporary
Section 1
Regulations Pre-Development
District
SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l
Section 1
Section 2
Section 3
Use Regulations
Height Regulations
Area Regulations
SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-2
Section 1
Section 2
Section 3
Use Regulations
Height Regulations
Area Regulations
TWO FAMILY DWELLING DISTRICT R-3
Section 1
Section 2
Section 3
Use Regul ati ons
Height Regulations
Area Regulations
APARTMENT/MULTI-FAMILY DWELLING DISTRICT, R-4
Section 1
Section 2
Section 3
Use Regul ations
Height Regulations
Area Regulations
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1
1
1
1
2
3
3
4
5
5
6
6
6
7
7
7
8
8
8
9
9
9
ARTICLE IX GARDEN HOME DWELLING DISTRICT R-5A & R-5B
Section 1 Use Regulations 10
Section 2 Height Regulations 10
Section 3 Garden Home Dwelling District R-5A 10
Section 4 Area Regulations R-5A 11
Section 5 Garden Home Dwelling District R-58 12
Section 6 Area Regulations R-5B 12
Article X MOBILE HOME DISTRICT
Section 1 Use Regul ati ons 13
Section 2 Height Regulations 13
Section 3 Area Regulations 14
ART! CLE XI OFFICE AND PROFESSIONAL DISTRICT
Section 1 Use Regulations 14
Section 2 Height Regulations 14
Section 3 Area Regulations 14
ARTICLE XII NEIGHBORHOOD SERVICE DISTRICT
Section 1 Use Regulations 15
Section 2 Height Regulations 15
Section 3 Area Regulations 15
ARTICLE XII I GENERAL BUSINESS DISTRICT
Section 1 Use Regulations 16
Section 2 Height Regulations 16
Section 3 Area Regulations 16
ARTICLE XIV INDUSTRIAL DISTRICT GROUP A, M-l
Section 1 Use Regulations 17
Section 2 Height Regulations 17
Section 3 Area Regulations 17
ARTI CLE XV INDUSTRIAL DISTRICT GROUP 8, M-2
Section 1 Use Regulations 18
Section 2 Height Regulations 18
ARTICLE XVI HEIGHT AND AREA SPECIAL CONSIDERATIONS
Section 1 Overall Height and Area Regulations 18
Section 2 Special Height and Area Considerations 18
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ARTICLE XVII
PARKING REGULATIONS
Section 1
Section 2
ARTICLE XVIII
Purpose
Off-Street Parking and Loading
Requirements
20
21
SIGN REGULATIONS
Section 1
Section 2
ARTICLE XIX
AMEN D~IENTS
Section 1
Section 2
Section 3
Section 4
Genera 1
Special District Sign Requirements
24
25
Statement of Intent
Changes and Amendments
Procedure for Amendment Petition
Public Notice and Procedure for
Amendments
26
26
28
29
32
ARTICLE XX
ARTICLE XXI
SPECIFIC USE PERMITS
PLANNED RESIDENTIAL UNIT DEVELOPMENT
Section 1 Planned Residential Unit Development 33
ARTI CLE XX II REGULATIONS OF NON-CONFORMING USES
Section 1 Continuance of Use 35
Section 2 Change of Use 35
Section 3 Damage and Destruction 35
Section 4 En 1 a rgement 36
Section 5 Normal Maintenance 36
Section 6 Structural Changes 36
ARTICLE XXI II ADMINISTRATION
Section 1 Administrative Provisions 36
Section 2 Certificates of Occupancy and
Comp 1 i ance 37
Section 3 Procedure 38
ARTICLE XXIV BOARD OF ADJUSTMENT
Section 1 Board of Adjustment 38
Section 2 Jurisdiction 38
Section 3 Allowances by Board of Adjustment 39
Section 4 Applications for Special Exceptions 39
Section 5 Stay of Proceedings 40
Section 6 Hearing of Appeals 40
Section 7 Court Appeal 40
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ARTI CLE XXV ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT
Section 1 Enforcement 41
Section 2 Violation and Penalties 42
Section 3 Provisions Minimum Requirements 42
Section 4 Repeal Confliction Ordinances or
Orders 43
Section 5 Severabil ity Cl ause 43
ARTICLE XXVI EFFECTIVE DATE 43
APPENDIX A SCHEDULE OF USES 44
APPENDIX B DEFINITIONS 53
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ART! CLE I
PREM1BLE
Section 1
Title
Thi s ordi nance sha 11 be known as "The Ci ty of
Schertz, Texas, Zoning Ordinance".
Section 2
Enacting Clause
That there be enacted the following Zoning
Ordinance, which amends in its entirety, the
Zoning Ordinance of the City of Schertz, Texas,
dated November 28, 1974, said amendment together
with a map creating and delineating zoning
districts.
Section 3
Purpose
The Zoning Regulations and Districts as herein
established have been made in accordance with a
Comprehensive Plan for the purpose of promoting
the health, safety, and general welfare of the
City. They have been designed to lessen the
congestion in the street; to secure safety from
fire, panic and other danger; to provide adequate
light and air; to prevent the overcrowding of
land; to avoid undue concentration of population;
to facilitate the adequate provision of transpor-
tation, water, sewerage, schools, parks and other
public requirements. They have been made with
reasonable consideration among other things, for
the character of the district, and its peculiar
suitability for the particular uses specified;
and with a view to conserving the value of
building and encouraging the most appropriate
use of land throughout the City consistent with
a Comprehensive Plan.
ARTI CLE II
DISTRICTS, DISTRICT BOUNDARIES, OFFICIAL ZONING
MAP, NEW AND UNSCHEDULED USES, AND COMPLIANCE
REQUIRED
Section 1
Di stri cts
The City of Schertz is hereby divided into types
of districts as follows:
PD Pre-Development District
R-l Single Family [Melling District
R-2 Single Family Dwelling District
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Section 2
R-3 Two Family Dwelling District
R-4 Apartment/Multi-Family Dwelling District
R-5A Garden Home District - Zero Lot Line
Construction
R-5B Garden Home District-Conventional or
Traditional Construction
MH Mobile Home District
OP Office and Professional District
NS Neighborhood Services District
GB General Business District
M-l Industrial District-Performance Standard
Group A
M-2 Industrial District-Performance Standard
Group B
5 Specific Use Permit
Boundaries
~
The boundaries of these districts are indicated
upon the Zoning Map of the City of Schertz, which
is on file in the offices 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 official
Zoning Map, the following rules shall apply:
2.1
Boundaries indicated as approximately following
the center lines of streets, highways, or alleys
shall be construed to follow such center lines.
2.2
Boundaries indicated as approximately following
platted lot lines shall be construed as following
such lot lines.
2.3
Boundaries indicated as approximately following
city limits shall be construed as following such
city limits.
2.4
Boundaries indicated as following shorelines of
creeks shall be construed to follow such shore-
lines;and in the event of their movement, the
boundaries shall be construed as moving with the
actual shoreline. Boundaries indicated as approx-
imately following the center lines of streams,
rivers, canals, lakes or other bodies of water
shall be construed to follow such center lines.
2.5
Boundaries indicated as followina railroad lines
shall be construed to be midway between the rails
of the main line.
2.6
In unsubdivided property, the district boundary
lines on the Zoning Map shall be determined by
use of the scale appearing on the map.
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2.7
In the case of a district boundary line dividing
a property into two parts, the property will remain
divided until the property owner, firm or corporation
petitions the City Council for rezoning.
2.8
Section 3
Whenever any street, alley or other public way is
vacated by official action of the City Council the
zoning district adjoining each side of such street,
alley or public way shall be automatically extended
to the center of such vacation and all area included
in the vacation shall then and henceforth be subject
to all regulations of the extended districts.
Official Zoning Map
Maintenance of Zoning Map: The Official Zoning Map
shall be kept in the office of the City Secretary
and one(l) copy shall be maintained in the office of
the Building Official.
One (1) copy shall be kept by the Planning and Zoning
Commission.
3.1
3.2
It shall be the duty of the City Secretary to keep the
Official Map current and the copies thereof, herein
provided for, by entering 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 the 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 likewise officially identify the copies
directed to be kept by the Planning and Zoning Commission
and in the office of the Building Official. All amend-
ments of the Map shall be made immediately after
their enactment and the date of the change shall be
noted on the Certificate.
Section 4
Classification of New and Unscheduled Uses. It is
recognized that new or unlisted types of land use
may seek to locate in the City of Schertz. In order
to provide for such contingencies, a determination
of any new or unlisted form of land use shall be
made as follows:
4.1
The Building Official shall refer the question con-
cerning any new or unlisted use to the Planning and
Zoning Commission requesting an interpretation as
to the zoning district into which such use should be
placed. The referral of the use interpretation ques-
tion shall be accompanied by a statement of facts
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listing the nature of the use and whether it
involves dwelling activity, sales, processing, type
of product, storage and amount and nature thereof,
enclosed or open storage, anticipated employment,
transportation requirements, the amount of noise,
odor, fumes, dust, toxic material and vibration
likely to be generated and the general requirements
for public utilities such as water and sanitary
sewer.
5.1
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
its compatibility with the uses permitted in the
various districts and determine the zoning district
or districts within which such use should be per-
mitted. Such Public Hearings shall be scheduled and
conducted in accordance with the provisions of
Article XIX, Sections 4.3 and 4.5.
The Planning and Zoning Commission shall transmit
its findings and recommendations to the City Council
as to the classification proposed for any new or
unlisted use. The City Council, shall review
recommendations of the Planning and Zoning Commission,
and make such determination concerning the classifi-
cation of such use as it determines appropriate.
Compliance Required
No land shall be used for and no building shall be
erected for or converted to any use other than pro-
vided in the regulations prescribed for the district
in which it is located, except as hereinafter provided.
The minimum yards, parking spaces, and open spaces,
including lot area per family, required by the Height
and Area provisions of this Ordinance for each and
every building existing at the time of passage of
this Ordinance or for any building hereafter erected,
shall not be encroached upon or considered as part
of the yard or parking space or open space required
for any other building, nor shall any lot area be
reduced below the requirements of this Ordinance
for the district in which such lot is located.
4.2
4.3
Section 5
5.2
There shall not be more than one residential dwelling
on a lot on a duly recorded plat.
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ARTI CLE II I
NEWLY ANNEXED TERRITORY
Section 1
Annexed Territory-Temporary Classification
All territory hereafter annexed to the City of
Schertz shall be temporarily classified as PD,
Pre-Development District. The Planning and
Zoning Commission will review all territory for
consideration of zoning within 180 days of annex-
ation. The procedure for establishing permanent
classification of annexed territory shall conform
to the procedure established by law for the adopt-
,ion of the original zoning regulations.
ARTICLE IV
PRE-DEVELOPMENT DISTRICT REGULATIONS PD
Section 1
In an area temporarily classified as PD, Pre-
Development District:
1.1
No Person shall erect, construct, or add to any
building or structure or cause the same to be done
in any newly annexed territory without first applying
for and obtaining a building permit or certificate
of occupancy therefore from the Building Official
or the City Council as may be required herein.
1.2
No permit for the construction of a building or use
of land shall be issued by the Building Official
other than a permit which will allow the construc-
tion of a building permitted in the PD, Pre-Develop-
ment District, unless and until such territory has
been classified in a district other than the PD,
Pre-Development District, by the City Council in the
manner provided by law, except that a building permit
may be issued in accordance with the provisions as
foll ows.
1.3
An application for a permit for any use other than
that specified in paragraph 1.2 above shall be made
to the Building Official of the City of Schertz, and
by him referred to the Planning and Zoning Commission
for consideration and recommendation to the City
Council. The Planning and Zoning Commission in making
its recommendation to the City Council concerning any
such permit shall take into consideration the appro-
priate land use for the area and the Comprehensive
Land Use Plan for the City of Schertz. The City Council
after recieving and reviewing the recommendations 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 appli-
cation.
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1.4
Use Regulations: In a Pre-Development District
no land 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,
"New and Unscheduled Uses".
ARTICLE V
SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l
Section 1
Use Regulations: A Building or premise shall be
used only for the following purposes:
See Schedule of Uses and Article II, Section 4,
"New and Unscheduled Uses".
Section 2
Height Regulations: No building shall exceed
thirty-five (35) feet.
Section 3
Area Regulations:
3.2
Front Yard Setback: The front yard setback shall
be a minimum of twenty-five (25) feet.
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) feet on anyone side.
3.1
3.3
Rear Yard Setback: There shall be a rear yard,
having a depth of not less than twenty (20) feet.
Area of Lot: The minimum area of the lot shall be
nine thousand six hundred (9,600) square feet.
3.4
3.5
Width of Lot: The minimum width of the lot shall
be eighty (80) feet.
3.8
3.9
Minimum Depth of Lot: The minimum depth of the lot
shall be one hundred twenty (120) feet.
Parking Regulations: A minimum of two (2) off-
street parking spaces shall be provided for each lot.
(See Article XVII)
Sign Regulations: (See Article XVIII)
3.6
3.7
Accessory Buildings: No accessory building, as
permitted herein shall occupy more than forty (40)
percent of the required rear yard. Accessory build-
ings shall be set back three (3) feet from common
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property lines, provided, however, that where the
rear lot line is the line of an alley or easement
twenty (20) feet or more in width, no setback shall
be required. No accessory buildings 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 building 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 line. No accessory building shall be con-
structed in the front yard.
ARTICLE VI
SINGLE FAMILY DWELLING REGULATIONS R-2
Section 1
Use Regulations: A building or premise shall be
used only for the following purposes:
See Schedule of Uses and Article II, Section 4,
"New and Unscheduled Uses".
Section 2
building shall exceed
Section 3
Area Regulations:
3.4
Front Yard Setback: The front yard setback shall
be a minimum of twenty (20) feet.
EXCEPTION: In any R2 zoning district, a carport
may be constructed under the following guidelines:
a.) It can not extend past the front property line;
b.) It can not violate provisions for side yards;
c.) It must be completely open to the sides so as
not to obstruct the view of traffic;
d.) It may be attached or detached;
e) The top covering material may not extend down
the sides more than twelve (12) inches.
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) feet on anyone side.
Rear Yard Setback: There shall be a rear yard,
having a depth of not less than twenty (20) feet.
Area of Lot: The minimum area of the lot shall be
seven thousand, five hundred (7,500): square feet.
3.1
3.2
3.3
3.5
Width of Lot: The minimum width of the lot shall
be seventy-five (75) feet.
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3.7
Minimum Depth of Lot: The minimum depth of the lot
shall be one hundred (100) feet.
Parking Regulations: A minimum of two (2) off-street
parking spaces shall be provided on each R-2 Sin~le
Family Dwelling District lot. (See Article XVII)
Sign Regulations: (See Article XVIII)
3.6
3.8
3.9
Accessory Buildings: No accessory building as per-
mitted herein, shall occupy more than forty (40)
percent of the required rear yard. Accessory build-
ings shall be set back three (3) feet from the rear
property line, provided, however, that where the
rear lot line is the line of an alley twenty (20)
feet or more in width, no setback shall be required.
No accessory building may be closer than ten (10)
feet to the main building in the rear yard. Acces-
sory buildings as permitted herein may be allowed
in required side yards, provided, however, that no
accessory building 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 line. No
accessory building shall be allowed in the front
yard, with the exception of carports as provided
for in Section 3.1.
ARTI CLE VII
TWO FAMILY DWELLING DISTRICT R-3
Section 1
Use Regulations: A building or premise shall be used
only for the following purposes:
See Schedule of Uses and Article II, Section 4, "New
and Unscheduled Uses".
Section 2
Height Regulations: No building shall exceed thirty-
fi ve ( 35) feet.
Section 3
Area Regulations:
3.1
Front Yard Setback: The front yard setback for R-3
Two Family Residence District shall be a minimum of
twenty-five (25) feet.
Side Yard Setback: There shall be two (2) 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) feet on anyone side.
3.2
3.3
Rear Yard Setback: There shall be a rear yard having
a depth of not less than twenty (20) feet.
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3.4
Area of Lot: The minimum area of the lot shall be
seven thousand, five hundred (7,500) square feet.
3.5
Width of Lot: The minimum width of the lot shall
be seventy-five (75) feet.
3.6
Minimum Depth of Lot: The minimum depth of the
lot shall be one hundred (100) feet.
3.7
3.8
Parking Regulations: A minimum of two (2) off-
street parking spaces per dwelling unit shall be
provided on each Two Dwelling Unit R-3 District
lot. (See Article XVII)
Sign Regulations: (See Article XVIII)
Accessory Buildings: No accessory building, as
permitted herein, shall occupy more than forty
(40) percent of the required rear yard. Accessory
buildings shall be set back three (3) feet from
the rear property line, provided, however, that
where the rear lot line is the line of an alley
twenty (20) feet or more in width, no setback shall
be required. No accessory building 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 building 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 line. No accessory buildings shall be
allowed in the front yard.
3.9
ARTICLE VIII
APARTMENT/MULTI-FAMILY DWELLING DISTRICT, R-4
Section 1
Use Regulations: A building or premise shall be used
only for the following purposes:
See Schedule of Uses, and Article II, Section 4,
"New and Unscheduled Uses".
Section 2
Height Regulations: No building shall exceed
thirty-five (35) feet.
Section 3
3.1
Area Regulations:
Front Yard Setback: The front yard setback shall
be a minimum of twenty-five (25) feet.
Side Yard Setback: There shall be an aggregate of
side yards of at least twenty (20) feet and a mini-
mum of ten (10) feet on either side of the building.
Rear Yard Setback: There shall be a rear yard
having a depth of not less than twenty (20) feet.
3.2
3.3
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3.4
Area of Lot: The minimum area of the lot shall be
ten thousand (10,000) square feet, for the first
three (3) units and eighteen hundred (1,800) square
feet for each additional unit.
3.5
Width of Lot: The minimum width of the lot shall be
one hundred (100) feet.
3.6
Minimum Depth of Lot: The minimum depth of the lot
shall be one hundred (100) feet.
Parking Regulations: A minimum of two (2) off-
street parking spaces per dwelling unit shall be
provided for each residence in an Apartment/Multi-
Family Dwelling District. (See Article XVII)
Sign Requlations: (See Article XVIII)
Accessory Buildings: No accessory building as per-
mitted herein, shall occupy more than forty (40)
percent of the required rear yard. Accessory
buildings shall be set back three (3) feet from
the property line, provided, however, that where
the rear lot line is the line of an alley twenty
(20) feet or more in width, no setback shall be
required. No accessory building 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 ~ccessory building 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
line. No accessory buildings shall be allowed in
the front yard.
3.7
3.8
3.9
ART!CLE I X
GARDEN HOME DWELLING DISTRICT R-5A & R-5B
Section 1
Use Regulations: A building or premise shall be used
only for the following purposes:
See Schedule for Uses and Article II, Section 4
"New and Unschedul ed Uses".
Section 2
Height Regulations: No building shall exceed thirty-
five (35) feet.
GARDEN HOME DWELLING DISTRICT R-5A:
Section 3
The following regulations shall apply to the Single
Family Dwelling, R-5A Garden Home Dwelling District,
Zero Lot Line Construction.
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3.1
Requirements: The plat of the requested area shall
incorporate the requirements for an R-5A, as follows:
Zero lot line, one-family dwellings can be construct-
ed in an area requested and approved for designation
as R-5A.
Zero lot line homes will be uniformly located on the
same side of the lot within a street block.
Zero lot line homes shall have no windows on the
side of the house which abutts the property line.
No area shall be designated R-5A that contains less
than five (5) adjoining lots on each street.
The entire frontage of one side of the street in
the block must be included in the R-5A designation.
An exception may be made where an alley breaks the
block on that side of the street.
Section 4
Area Regulations for R-5A Zero Lot Line Construction:
Front Yard Setback: The front yard setback for R-5A
Garden Home District is set at a minimum of ten. (10)
feet.
4.1
4.2
Side Yard Setback: The building may be constructed
with a zero side yard on one side and a side yard
of not less than ten (10) feet on the other side.
This ten (10) foot side yard shall extend the full
depth of the lot. Five (5) feet of the property
that abutts the zero property line shall be desig-
nated as a maintenance easement. This easement
shall extend the depth of the lot.
Exceptions are permitted so that the end houses of
the row will have a ten (10) foot side yard clearance
from the street right-of-way. Under no circumstances
will the clearance between the houses be less than
ten (10) feet.
4.3
Rear Yard Setback: There shall be a rear yard
having a depth of not less than ten (10) feet.
4.4
Area of Lot: The minimum area of the lot shall
be five thousand (5,000) square feet.
Width of Lot: The minimum width of the lot shall
be fifty (50) feet.
4.5
4.6
Minimum Depth of Lot: The minimum depth of the lot
shall be one hundred (100) feet.
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4.7
Parking Regulations: A minimum of two (2) off-
street parking spaces per dwelling unit shall be
provided for each residence in a R-5A Garden Home
District.
4.8
Access to Parking: A twenty (20) foot paved alley
must be provided for ingress and egress to all
rear garages.
4.9
4.10
Sign Regulations: (See Article XVIII)
Accessory Buildings: No accessory building as
permitted herein, shall occupy more than forty
(40) percent of the required rear yard. Accessory
buildings shall be set back three (3) feet from
the rear property line. provided, however, that
where the rear lot line is the line of an alley
twenty (20) feet or more in width, no setback
shall be required. No accessory building may be
closer than ten (10) feet to the main building in
the rear yard. Accessory buildings shall not be
allowed in front or side yards.
Section 5
GARDEN HOME DWELLING DISTRICT, R-5B CONVENTIONAL
OR TRADITIONAL CONSTRUCTION.
The following regulations shall apply to the Single
Family Dwelling R-5B Garden Home Dwelling District,
Conventional or Traditional Construction.
5.1
Requirements: The plat of the requested area shall
incorporate the requirements for a R-5B area, as
follows:
Conventional or Traditional Construction, single-
family dwellings can be constructed in an area
requested and approved for designation R-5B.
No area shall be designated R-5B that contains less
than five (5) adjoining lots on each street.
The entire frontage of one side of the street in the
block must be included in the R-5B designation. An
exception may be made where an alley breaks the block
on that side of the street.
Section 6
Area Regulations for R-5B Conventional or Traditional
Construction
6.1
Front Yard Setbacks: The front yard setback for R-5B
Garden Home District shall be a minimum of ten (10)
feet.
6.2
Side Yard Setbacks: The side yard setback for R-5B
Garden Home District is ten percent (10%) of the
- 12 -
total lot width or a minimum of five (S) feet on
either side. Corner lots shall have a ten (10)
foot side yard setback from the street right-of-way.
6.3
Rear Yard Setbacks: There shall be a rear yard
having a depth of not less than ten (10) feet.
6.4
Area of Lot: The minimum area of the lot shall
be five thousand (S,OOO) square feet.
6.5
6.7
Width of Lot: The minimum width of the lot shall
be fifty (SO) feet.
Minimum Depth of Lot: The minimum depth of the lot
shall be one hundred (100) feet.
Parking Regulations: A minimum of two (2) off-
street parking spaces per dwelling unit shall be
provided for each residence in an R-5B Garden Home
District.
6.6
6.8
Access to Parking: A twenty (20) foot paved alley
must be provided for ingress and egress to all rear
ga rages.
6.9
6.10
Sign Regulations: (See Article XVIII)
Accessory Buildings: No accessory building as per-
mitted herein, shall occupy more than forty percent
(40%) of the required rear yard. Accessory buildings
shall be set back three (3) feet from the rear pro-
perty line, provided, however, that where the rear
lot line is the line of an alley twenty (20) feet
or more in width, no setback shall be required. No
accessory building may be closer than ten (10) feet
to the main building in the rear yard. No accessory
buildings will be allowed in the side or front yards.
ART!CLE X
MOBILE HOME DISTRICT
Section 1
Use Regulations: A building or premise shall be
used only for the following purposes:
See Schedule of Uses and Article II, Section 4,
"New and Unschedul ed Uses". Al so, See Mobil e Home
Ordinance #77-M-9.
Section 2
Height Regulations: The height limitations for any
structure in the Mobile Home District shall be thirty
(30) feet. The average height of the mobile hom~
frame above the ground elevation, measured at 90 to
- 13 -
3.1
the frame, shall not exceed three (3) feet.
Area Regulations:
Open Space Requirements:
1. The minimum front yard setback shall be ten
(10) feet from the nearest corner of the mobile
home to the front line of the mobile home space.
Section 3
2. No mobile home shall be closer than ten (10)
feet to any property line nor closer than twenty-
five (25) feet to the property line adjoining a
public street.
3. For other structures on each space the mini-
mum setback shall be at least ten (10) feet.
4. The minimum distance between mobile homes at
any pOint shall be twenty-five (25) feet;provided,
however, that mobile homes parked end to end may
have a clearance of not less than ten (10) feet.
3.2
Parking Regulations: If no off-street parking is
provided in a ratio of no less than two (2) spaces
for each mobile home site, the minimum street
width shall be thirty-six (36) feet.
OFFICE AND PROFESSIONAL DISTRICT
ARTICLE XI
Section 1
Use Regulations: A building or premise shall be
used only for the following purposes:
See Schedule of Uses and Article II, Section 4,
"New and Unschedul ed Uses".
Section 2
Height Regulations: No building shall exceed
thirty-five (35) feet.
Section 3
Area Regulations: Residential uses are governed by
the regulations prescribed for each residential
district.
3.1
Side Yard Setback: No minimum except that a side
yard of not less than twenty-five (25) feet in width
shall be provided on the side of the lot adjoining
or across a side street from a residential district.
3.2
Area of Lot: The minimum area of the lot shall be
six thousand, six hundred (6,600) square feet.
3.3
Width of Lot: The minimum width of the lot shall
be sixty (60) feet.
- 14 -
3.5
Minimum Depth of Lot: The minimum depth of the lot
shall be one hundred (100) feet.
Parking Regulations: (See Article XVII)
Sign Regulations: (See Article XVIII)
Accessory Buildings: No Accessory building, as
permitted herein shall occupy more than forty
percent (40%) of the required rear yard. Accessory
buildings shall be set back three (3) feet from
the rear property line; provided, however, that
where the rear lot line is the line of an alley
twenty (20) feet or more in width, no setback shall
be required. No accessory building 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 building may be closer
than ten (10) feet to any main building on the
same lot, nor closer than three (3) feet to a com-
mon property line. No accessory buildings shall be
allowed in the front yards.
3.4
3.6
3.7
3.8
Fences Required: Where an office and professional
district abutts residential lot(s), a privacy fence
is required with a minimum height of eight (8) feet.
ART!CLE XII
NEIGHBORHOOD SERVICE DISTRICT
Section 1
Use Regulations: A building or premise shall be
used only for the following purposes:
See Schedule of Uses and Article II, Section 4,
"New and Unscheduled Uses".
Section 2
Height Regulations: No building shall exceed thirty-
five (35) feet.
Section 3
Area Regulations: Residential uses which may be
permitted within a Neighborhood Service District
are governed by the regulations prescribed by the
respective residential districts.
3.1
Front Yard Setback: No minimum, except that drive-
in service buildings and gasoline service islands
may not be located nearer than sixteen (16) feet
to the front property line.
Side Yard Setback: No minimum, except that a side
yard of not less than twenty-five (25) feet in width
shall be provided on the side of the lot adjoining
or across a side street from a residential district.
3.2
- 15 -
3.3
Area of Lot: The minimum area of the lot shall be
ten thousand (lO,OOO) square feet.
3.5
Width of Lot: The minimum width of the lot shall
be one hundred (100) feet.
Minimum Depth of Lot: The Minimum depth of the lot
shall be one hundred (lOO) feet.
3.4
3.6
3.7
Parking Regulations: (See Article XVII)
Sign Regulations: (See Article XVIII)
3.9
Accessory Buildings: No accessory building, as
permitted herein, shall occupy more than forty
percent (40%) of the required rear yard. Acces-
sory buildings shall be set back three (3) feet
from the rear property line; provided, however,
that where the rear property line is the line
of an alley twenty (20) feet or more in width,
no setback shall be required. No accessory build-
ing may be closer than ten (10) feet to the main
building in the rear yard. Accessory buildings,
as per!itted herein, may be allowed in required
side y rds; provided, however, that no accessory
buildi g may be closer than ten (10) feet to any
main b ilding on the same lot, nor closer than
three I( 3) feet to a common property 1 i ne.
I
Fences Re uired: Where a neighborhood service
distri t abutts residential lot(s), a privacy
fence is required with a minimum height of eight
(8) feet.
GENE L BUSINESS DISTRICT
,
3.8
ARTICLE XIII
Section 1
Use Regulations: A building or premise shall be
used only for the following purposes:
See Schedule of Uses and Article II, Section 4,
"New and Unscheduled Uses".
Section 2
Height Regulations: No building shall exceed
thirty-five (35) feet.
Section 3
Area Regulations: Residential uses permitted with-
in a General Business District are governed by the
regulations prescribed by the respective residential
districts.
3.1
Side Yard Setback: No minimum, except that a side
yard of not less than twenty-five (25) feet in width
shall be provided on the side of the lot adjoining
or across a side street from a residential district.
- 16 -
3.2
Area of Lot: The minimum area of the lot shall
be ten thousand (10,000) square feet.
Width of Lot: The minimum width of the lot shall
be one hundred (100) feet.
3.3
3.4
Minimum Depth of Lot: The minimum depth of the
lot shall be one hundred (100) feet.
Parking Regulations: (See Article XVII)
Sign Regulations: (See Article XVIII)
3.5
3.6
3.7
Accessory Buildings: No accessory building, as
permitted herein, shall occupy more than forty
percent (40%) of the required rear yard. Acces-
sory buildings shall be set back three (3) feet
from the rear property line; provided, however,
that where the rear line of the lot is the line
of an alley twenty (20) feet or more in width, no
setback shall be required.
3.8
Fences Required: Where a General Business District
abutts residential lot(s), a privacy fence is re-
quired with a minimum height of eight (8) feet.
ARTICLE XIV
INDUSTRIAL DISTRICT - PERFORMANCE STANDARD GROUP A,
M-l
Section 1
Use Regulations: Light manufacturing processes
which do not emit detectable dust,odor, smoke, gas,
or fumes beyond the boundary property lines of the
lot or tract upon which the use is located or be-
yond the boundary line of the M-l Industrial Dis-
trict zoned lot which is generally perceptible in
frequency or pressure above the ambient level of
noise in the adjacent areas. A building or premise
shall be used only for the following purposes:
See Schedule of Uses and Article II, Section 4,
"New and Unscheduled Uses".
Section 2
Height Regulations: No building shall exceed thirty-
five (35) feet.
3.1
Area Regulations:
Side Yard Setback: No mlnlmum, except that a side
yard of not less than twenty-five (25) feet in width
shall be provided on the side of the lot adjoining
or across a side street from a residential district.
No parking, storage, or similar use shall be allowed
in required side yards or side street yards in M-l
Districts.
Section 3
- 17 -
3.4
Rear Yard Setback: No rear yard is required, except
that a rear yard of not less than fifty (50) feet
in depth shall be provided upon that portion of a
lot abutting or across a rear street from a resi-
dential district, except that such yard requirement
shall not apply where the property in the resi-
dential 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-five (25) feet of the rear property line.
Area of Lot: The minimum area of the lot shall be
ten thousand (10,000) square feet.
Width of Lot: The minimum width of the lot shall
be one hundred (100) feet.
3.2
3.3
3.5
Minimum Depth of Lot: The minimum depth of the
lot shall be one hundred (100) feet.
Parking Regulations: (See Article XVII)
Sign Regulations: (See Article XVIII)
INDUSTRIAL DISTRICT PERFORMANCE STANDARD GROUP B,
M-2
3.6
3.7
ARTICLE XV
Section 1
Use Regulations: Any manufacturing, industrial
servicing or storage process not prohibited by law and
upon approval by the City Council in accordance
with the Specific Use Permit procedure established
in Article XIX, Section 5. A building or premise
shall be used only for the following purposes:
See Schedule of Uses and Article II, Section 4
"New and Unscheduled Uses".
Section 2
Height Regulations: No building shall exceed thirty-
five (35) feet.
HEIGHT AND AREA SPECIAL CONSIDERATIONS
ARTICLE XVI
Section 1
Overall Height and Area Requlations: Except as
provided herein no building or structure or part
thereof shall be erected, altered or converted for
any use permitted in the district in which it is
located unless it is in conformity with all the
minimum regulations specified herein for lot areas,
lot width, lot depth, dwelling unit area, front,
and side and rear yards.
Section 2
Special Height and Area Considerations:
Height: In the districts where the height of buildings
2.1
- 18 -
is restricted to thirty-five (35) feet, cooling
towers, roof gables, chimneys and vent stacks
may extend for an additional height not to ex-
ceed forty (40) feet above the average grade line
of the building.
2.3
Mixed Use Building: In a building serving mixed
dwelling and other uses, in any district, the
height and area regulations applicable to non-
residential buildings shall apply.
Front Yards:
2.2
1. Where the frontage on one side of a street
between two intersecting streets is divided by two
or more Zoning Districts, the front yard set back
shall comply with the requirements of the most
restrictive district for the entire frontage from
one intersecting street to the other.
2.4
2. Where the building setback line has been
established by plat and exceeds the requirements
of this ordinance, the most restrictive setback
line shall apply.
3. The front yard shall be measured from the
property line to the front face of the building,
covered porch, covered terrace, or attached
accessory building. Eaves and roof extensions
may project into the required front yard, not to
exceed two (2) feet. Fence or surface structures
shall not exceed forty-eight (48) inches in height.
Side Yards: Every part of a required side yard
shall be open and unobstructed except for accessory
buildings as permitted herein and the ordinary
projections of window sills, belt courses, cornices
and other architectural features projecting not to
exceed twelve (12) inches into the required side
year, and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard,
except that no projection shall be permitted closer
than twelve (12) inches to a common property line.
2.5
Rear Yards: Every part of a required rear yard
shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground
level of the graded lot, except for accessory
buildings as permitted and the ordinary projections
of window sills, belt courses, cornices and roof
- 19 -
overhangs and other architectural features
projecting not to exceed ten (10) feet into the
required rear yard.
2.6
Court Standards: The minimum dimensions and area
of outer or inner courts provided in buildings
occupied for dwelling purposes shall be in accor-
dance with the following provisions:
1. Outer Courts Residential Structure: For
residential structures thirty-five (35) feet or
less in height, any outer court which is used
for access of light or air or which may be used
for emergency access purposes shall have a minimum
width equal to the depth of the court but the
width of any such outer court need not exceed
twenty (20) feet even though the depth of the
court may exceed such dimFnsion.
i
2. Inner Courts Residential Structures: For
residential structures thrrty-five (35) feet or
less in hieght, any innerl court which ay be used
for emergency access purpbses shall ha e minimum
dimensions in the length pf the roof 0 eave at
the top of the wall enclo~ing such cou t; but
neither the width nor length of the ba e of such
inner court need"exceed~thjrtY(30) fee , even
though the height of the enclosing wal s may
exceed such dimension.
I
I
Parking Regulations: (See Article XVIf)
Sign Regulations: (See Article XVIII)
2.7
2.8
ART!CLE XVII
PARKING REGULATIONS
Section 1
Purpose: It is the purpose of this section to
establish the guidelines for off-street parking
space consistent with the proposed land use to:
1. Eliminate occurrence of non-resident on-street
parking in adjoining neighborhood;
2. Avoid the traffic congestion and public safety
hazards caused by a failure to provide such parking
space;
3. Expedite the movement of traffic on public
thoroughfares in a safe manner and thus increasing
the carrying capacity of the streets, reducing the
amount of land required for streets and the cost
to both the property owner and the City.
- 20 -
Off-Street Parking and Loading Requirements:
Schedule of Off-Street Parking Regulations:
One and Two Family Dwell-
ings
Multi Family Dwellings and
Townhouses
Rooming or Boarding Houses
Fraternity or Sorority
Private Club or Lodge
Church or Temple
School (except high school
or college)
Seats in Auditorium
Seats in Classroom
College or High School
Seats in Auditorium
Seats in Classroom
Country Club or Golf Club
Community Center,Library,
Museum, or Art Gallery
0-2,000 Square Feet
2,000 + Square Feet
Hospital
Sanitorium, Convalescent
Home, Home for the Aged,
or Similar Institution Beds
Theater or Auditorium(ex-
cept school)
Sports Arena, Stadium, or
Gymnasium
Hotel
Commercial Floor Area
Tourist Home, Cabin, or
Motel
Dance Hall, Assembly or
Exhi bit Hall
Business or Professional
Office, Studio Bank,
Medical or Dental
Clinic
0-1,000 Square Feet
1,000+ Square Feet
Bowling Alley
Mortuary or Funeral Home
Restaurant, Night Club,
Cafe, or Similar
Recreation or Amuse-
ment Establishment
Section 2
Type of Generator
- 21 -
Unit
Dwell ing
Dwell ing
Sleeping
Beds
Members
Seat
Rooms
Seat
Classroom
Seat
Classroom
Membe rs
T ota 1
Square
Beds
Feet
Seats
Seats
Sleeping Rooms
Square Feet
Sl eepi ng Rooms
Square Feet
Total Square Feet
Alley
Seats
Seat
'1inimum
No of Spaces
Per Unit
2
2
1/2
1/4
1/5
1/5
1/10
3
1/8
3
1/5
10
1/300
1/2
1/4
1/4
1/5
1/3
1/200
1
1/100
3
1/200
4
1/4
1/3
I
Type of Generator
Unit
Minimum
No of Spaces
Per Unit
Retail Store or Personal
Service Establishment Square
Furniture or Appliance Store,
Hardware Store, Whole-
sale Establishments,
Machinery or Equip-
ment Sales and Service,
Clothing or Shoe Re-
pair, or Service Shop
0-1,000 Square Feet
1,000+ Square Feet
Printing or Plumbing Shop
or Similar Service
Establishment
Manufacturing or Industrial
Establishment, Re-
search or Testing
Laboratory, Creamery,
Bottling Plant, Ware-
House, or Similar Es-
tablishment
Feet
1/200
Total
Square Feet
2
1/300
Exployees
1/3
Employees
1/2
2.1
Provisions for Determining the Number of Locations of
Parking Spaces: In computing the number of such
parking spaces required, the following rules shall
govern:
1. "Floor area" shall mean the gross floor area of
the specific use.
2. Where fractional spaces result, the parking spaces
required shall be construed to be the nearest whole
number.
3. Whenever a building or use constructed or es-
tablished after the effective date of this Ordinance
is changed or enlarged in floor area, number of
dwelling units, seating capacity or otherwise, to
create a need for an increase of ten percent (10%)
or more in the number of existing parking spaces,
such spaces shall be provided on the basis of the
enlargement or change. Whenever a building or
use existing prior to the effective date of this
Ordinance is enlarged in floor area or in the area
used, said improvement or use shall then and there-
after comply with the parking requirements set forth
herei n.
- 22 -
4. In the case of mixed uses, the parking spaces
required shall equal the sum of the requirements
of the various uses computed separately.
2.2.
All parking spaces required herein shall be located
on the same lot with the building or use served,
except that where an increase in the number of
spaces is required by a change or enlargement of
use or where such spaces are provided collectively
or used jointly by two or more buildings or es-
tablishments, the required spaces may be located
not to exceed three hundred (300) feet from an
institutional building served and not to exceed five
hundred (500) feet from any other non-residential
building served.
1. Up to one hundred percent (100%) of the parking
spaces required for a church or church school audi-
torium, may be provided and used jointly by banks,
offices, retail stores, repair shops, service
establishments and similar uses not normally open,
used or operated during the same hours; provided,
however, that written agreement therefore is pro-
perly executed and filed as specified in paragraph "2".
2. In any case where the required parking spaces
are not located on the same lot or contiguous with
the building or use served, or where such spaces are
collectively or jointly provided and used, a written
agreement thereby assuring their retention for pur-
poses, shall be properly drawn and executed by the
parties concerned, approved as to form by the City
Attorney and shall be filed with the application
for a building permit.
2.3
Development and Maintenance of Parking Area: Every
parcel of land hereafter used as public parking area,
including commercial parking lots, automobile, farm
equipment, mobile home, trailer, or other open-air
sales lot, shall be developed and maintained in
accordance with the following requirements:
1. Surfacing: Except as otherwise provided, all
off-street parking areas shall be all-weather sur-
faces, shall be installed, graded to drain, and
maintained so to dispose of surface water accumu-
lated within the area, for all parking areas for
more than five (5) vehicles. Parking spaces shall
be so arranged and marked as to provide for orderly
and safe parking of vehicles. Surfaces shall be
subject to approval by the City Engineer.
- 23 -
2. Lighting: Any lighting used to illuminate
an off-street parking area shall be arranged so
as to direct or shield the light away from the
adjoining premises in any residential district.
3. Number of Off-Street Parking Spaces Required:
The number of off-street parking spaces required
shall be determined from the following table of
Off-Street Parking Regulations. The classifica-
tion of uses referred to shall be deemed to
include and apply to all uses.
4. Off-Street Loading Regulations: Every build-
ing or part thereof erected or occupied for retail
business, service, manufacturing, storage, ware-
housing, hotel, mortuary, or any other use simi-
larly involving the receipt or distribution by
vehicles of materials or merchandise, shall pro-
vide and maintain on the same premise, loading
space in accordance with the following regulations:
a. In the NS, Neighborhood Service and GB, General
Business Districts, one loading space for the
first five thousand (5,000) to fifteen thousand
(15,000) square feet of floor area in the build-
ing and one additional loading space for each
fifteen thousand (15,000) square feet, or
fraction thereof, of floor area in excess of
fifteen thousand (15,000) square feet.
b. In the M-l and M-2 Industri a 1 Di stri cts, one
loading space for each ten thousand (10,000)
square feet or fraction thereof, of floor area
in the building.
c. No more than three (3) off-street loading
spaces shall be required for any Neighborhood
Service or General Business use, nor more
than five off-street spaces for any Industrial
use.
ARTICLE XVII I
SIGN REGULATIONS
Section 1
Genera 1 :
1.1
All signs in use on the effective date of this
ordinance shall carry the "Identification of Signs"
as required in the Building Code.
- 24 -
1.2
Temporary Signs: A temporary sign pertaining to
the lease, rental or sale of premises or structure
located thereon is permitted in all districts
when located on such premises or structure. Such
signs shall not be lighted, and shall not exceed
fifteen (15) square feet in area. No permit is
required.
1.3
Development Signs: "Ground Signs" announcing or
describing a legally approved subdivision or land
development may be temporarily erected until the
subdivision is completed. Such signs shall not
exceed three hundred(300) square feet in area, and
may be indirectly lighted. Signs having flashing
or moving parts, are not permitted. (See Article
XVIII,Subsection 2.5 )
Section 2
Special District Sign Requirements:
2.1
Residential Districts: A person having a legal
home occupation may display a name plate on the
face of the building or porch. The name plate
may contain only the name of the person. It shall
be attached directly to, and parallel to the face
of the building or porch. It sahll not exceed
one (1) square foot in area, shall not be illumi-
nated in any way, and shall project not more than
six (6) inches beyond the building or porch. No
permit is required.
2.2
Residential Display: Display .of merchandise or
examples of work is classified as a sign, and is
not permitted in any residential district. This
also is applicable to residences in Public Utility
Districts.
2.3
HobileHome Park District: A "Ground Sign" or
"Wall Sign" of not more than one llundred(100) square
feet in total area may be erected on the property
of the mobile home park, and may be indirectly
lighted; however, it shall have no flashing lights
or moving parts. See Building Code for permit
requirements.
2.4
Neighborhood Service Districts: Signs when attached
to buildings shall advertise only services or pro-
ducts which are offered within the building to which
the sign is attached. No flashing or moving parts
are permitted. No detached signs or billboards are
permitted. See Building Code for permit requirements.
This is also applicable to the neighborhood business
in Public Utility Districts.
- 25 -
-------_...._-------,~._,.,_..,._--_.'"_. . ,. ._--,..._,---_.,._-,.._._-_._--_._~"----_._--_.. -_...,_._.__.~-,._-~------
2.6
Other Districts: No sign shall have flashing
lights or moving parts if within fifty (50)
feet of a public street. Signs must be installed
with bottom of sign a minimum of twelve (12)
feet above the ground, and must be at least
fifty (50) feet from a public street. No part
of any sign may be located within ten (10) feet
of any public street or public easement. No
more than one (1) detached sign shall be allowed
on anyone building plot.
Billboards: No billboards or signs shall be
erected advertising products or services not
available on the site, except as provided in
Section 1.3.
2.5
2.7
Street Number: A street address number is required
for all residences and establishments. It must be
readable from the street and may be on the building
or in the yard and may include the name of the
occupant. No permit is required.
ARTICLE XIX
AMENDMENTS
Section 1
Statement of Intent: For the purpose of establishing
~nd maintaining sound, stable, and desirable develop-
ment within the territorial limits of the City, this
ordinance shall not be amended except to correct
error in the ordinance or, because of changed or
changing conditions in particular areas or in the
City generally, or to rezone an area, extend the
boundary of an existing zoning district or to change
the regulations and restrictions thereof, all in
accordance with the comprehensive plan.
Amendment Limitation: Subject to the limitations
of the foregoing Statement of Intent, an amendment
to this ordinance may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. Or Petition.
Section 2
Changes and Amendments:
2.1
Authority: The City Council in accordance with
applicable state law may from time to time amend,
supplement, change, modify or repeal the regulation
standards and boundaries herein established. In
- 26 -
2.2
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
patterns and innovative 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, where the
patterns of development are changing. The Planning
and Zoning Commission, at least every three (3)
years shall file a report and recommendation
thereon with the Mayor and City Council. The three
(3) year time period shall commence upon the date
of the adoption of this ordinance.
Application and Petition for Amendment: For changes
to the regulation and/or district map as follows:
2.2.1
Any person, firm or corporation petitioning the
City Council for a change in the Zoning District Map
shall do so upon forms provided for such purpose by
the office of the City Secretary and all petitions
for changes shall be filed with the office of the City
Secretary. Notice shall also be given to the City
Secretary if said application for change originates
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 its regularly scheduled meeting.
The Planning and Zoning Commission shall have an
agenda that has been published and distributed to
them not less than five (5) days prior to such meetings.
If, after review of the application or petition, the
majority of the Planning and Zoning Commission agree
that:
1. Such requested change is not in keeping with
the comprehensive plan of the City.
2. There is no error in the original zoning of the
property for which a change is requested.
3. There has been no substantial change in the
environment of the property for which a change is
requested that could warrant a change since its
original classification.
4. Granting of the request would create a spot
zone whereby the property would enjoy a special or
monopo 1 i sti c pri vil ege not enjoyed by nearby-
- 27 -
properties of equal or similar locational factors.
The applicant shall be advised in writing by the
City Secretary that it is the opinion of the
Planning and Zoning Commission that granting the
requested change would not be in keeping with the
objectives and purposes of the Comprehensive Plan,
the Zoning Ordinance, and/or the District Map, the
particular request will not be recommended for
amendment or change.
Section 3
Procedure for Amendment Petition:
3.1
Filing of Application: All petitions for amendments
to this ordinance, shall be in writing, signed, and
filed with the City Secretary for presentation to
the Planning and Zoning Commission.
Contents of Petition: All petitions for amendments
to this ordinance, shall contain at least the following:
3.2
1. The petitioner's name, address, and interest in
the petition, as well as the name, address and interest
of every person having a legal or an equitable interest
in the land covered by the petition.
2. The nature and effect of the proposed amendment.
3. A fully dimensioned map showing the following
will be provided:
a. The land which would be affected by the
proposed amendment.
b. A legal description of such land.
c. The present zoning classification of the land.
d. The zoning classification of all abutting
Zoning Districts.
e. All public and private rights-of-way and
easements bounding and intersecting the land
under consideration.
4. If the proposed amendment would require a change
in the Zoning Map, the names and addresses of the
owners of all land within the area to be changed by
the proposed amendment.
- 28-
5. The alleged error in this ordinance, which
would be corrected by the proposed amendment
together with a detailed explanation of such error
in the ordinance, which is alleged, and detailed
reasons as to how the proposed amendment will
correct the same.
6. The changed or changing conditions, if any, in
the area or in the municipality generally, that make
the proposed amendment reasonably necessary.
7. Evidence that the petition is in accordance with
the Comprehensive Plan.
8. All other circumstances, factors and reasons
which applicant offers in,support of the proposed
amendment.
3.3
Time Limitations: If a petition for rezoning is
denied by either the Planning and Zoning Commission
or the City Council, another petition for reclassi-
fication of the same property or any p@ntion thereof
shall not be filed within a period of one hundred
and eighty (180) days from the date of denial.
Section 4
Public Notice and Procedure for Amendemnts:
4.2
Amending the Ordinance/Map: Whenever it is the desire
of the majority of the members of the Planning and
Zoning Commission that an amendment or change to the
Zoning Ordinance or District Map be proposed and
considered at a public hearing or as a result of a
petitionor application by a person, firm, or corpora-
tion that has not been rejected or denied as set forth
in Section 2.2.2 such proposed amendment or change
shall be scheduled by the City Secretary for a
public hearing before a joint meeting of the Planning
and Zoning Commission and the City Council. Such
public hearing shall hereinafter be known as the
Public Zoning Hearing.
Each application for a Public Zoning Hearing shall be
accompanied at the time the hearing is scheduled by
a fee in accordance with the following schedule:
4.l
Area Under Request:
Lots or Area
1 to 2 lots inclusive or up to 1 acre
3 to 5 lots inclusive or up to 1 1/2 acres
Each lot over 5($50.00 plus) per acre
Each acre over 1 1/2($50.00 plus) per acre
Maximum; in no event shall the fee exceed
... ..Amount of Fee
$35.00
$35.00
$10.00
$30.00
$200.00
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No action to amend, supplement, change, modify or
repeal the Zoning Ordinance or the District Map
shall be final until there shall have been a joint
public zoning hearing thereon with public notice of
such hearing as herein required.
4.4
Notice of any public hearing involving the Zoning
Ordinance and District Map shall be given by
publication once in a newspaper of general circu-
lation in the City and designated as the official
publication of the City stating briefly the change
or amendment to be considered at the hearing and
the time and place of such hearing which shall not
be more than twenty (20) days and not less than
ten (10) days prior to public hearing. Such notice
shall be sent to the property owners as determined
from the most recently approved city tax roll of
real property lying within three hundred (300) feet
of the property on which the change in classifica-
tion or specific use permit is proposed. Such
notice shall be given not less than ten (10) days
nor more than twenty (20) days before 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 Office.
Notice of any public zoning hearing involving a
change or amendment to the District Map or the
granting of a Specific Use Permit shall be given as
set forth in subsection 4.3 above. In addition,
written notice shall state the time and place of
hearing and give the address of the property pro-
posed for change or a Specific Use Permit that is
to be considered.
4.3
4.5
Public Zoning Hearing: The public zoning hearing
shall be a joint meeting of Planning and Zoning
Commission and City Council. Rules of order
commensurate with proper conduct, hearing of arguments
and receiving of evidence shall be adopted and
observed at the hearing. The recording of minutes
shall be made of the hearing and shall be maintained
or filed in the office of the City Secretary. No
action on any proposed change; amendment or Specific
Use Permit shall be taken by either body at or
during the Public Zoning Hearing.
4.6
The Planning and Zoning Commission shall within ten
(10) days after a Public Zoning Hearing, hold a
regular or special meeting to act and recommend
upon changes, amendments or specific use permits
considered at such hearing. This meeting shall be
- 30-
open to the public and the recording of minutes
and other procedures normally conducted by the
Planning Commission shall be observed; however,
no proponent or opponent to a proposed zoning
change, amendment or Specific Use Permit, or any
other citizen interested in such matter shall be
heard. The members of the Planning Commission
shall vote on each proposed change, amendment or
Specific Use Permit as to their recommendations
to the City Council for either adoption or denial.
The recommendations of the City Planning and Zoning
Commission shall be transmitted to the office of
the City Secretary for the Council in writing
within five (5) days following the meeting of the
City Planning and Zoning Commission.
4.7
After receipt by the City Council of the recommend-
ations of the Planning and Zoning Commission, the
City Council shall at either a regular or a Special
meeting act upon the proposed changes, amendments
or Specific 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.
4.8
In cases when the Planning and Zoning Commission's
recommendation against proposed specific use permit
or amendment, supplement, change or repeal of the
regulations or restrictions of the Zoning Ordinance
or the boundaries of the District Map herein esta-
blished or when a written protest against an amend-
ment under consideration is filed with the office
of the City Secretary and signed by the owners of
twenty percent (20%) or more either of the area of
the lots included in such proposed change or those
immediately adjoining the same and extending three
hundred (300) feet therefrom such amendment, supple-
ment, change, modification or repeal shall not become
effective except by the favorable vote of members of
the City Council.
If the City Council fails to pass an ordinance
approving such proposed specific use permit, amend-
ment, supplement, or change, a new application for
such proposed specific use permit, amendment, supple-
ment, or change in the Zoning Ordinance or the
boundaries of the district map shall not again be
considered until after the expiration of twelve (12)
months from the date of such proposed amendment,
supplement or change was rejected; provided; however,
- 31 -
that such application may be reconsidered within
the above mentioned twelve (12) month period if
it be shown that a substantial change in conditions
has taken place in the vicinity of the property
sought to be rezoned or for which a specific use
permit was requested. The procedures for such
application for rezoning shall be the same as if
the applicant has never filed a previous application
for zoning change.
ARTICLE XX
SPECIFIC USE PERMITS
1.1
Authorized Uses: The City Council of the City of
Schertz, Texas, after public hearing and proper
notice to all parties affected, in accordance with
the notice procedures prescribed under Article XIX
for amending the Zoning Ordinance, and after recom-
mendation by the Planning and Zoning Commission,
may authorize the issuance of Specific Use Permit
for zoning specific uses set forth in the Schedule
of Uses when situated within the Zoning Districts
identified within the schedule.
1.2
Development Standards Required: The Planning and
Zoning Commission in considering and determining
their recommendation and the City Council in con-
sidering any request for a Specific Use Permit may
require from the applicant, plans, information,
operating data and expert evaluation concerning the
location, function and characteristics of any
building or use proposed. The City Council may in
compliance with this Ordinance, establish conditions
of operation, location, arrangement and construction
of any use for which a permit is authorized. In
authorizing the location of any of the uses listed
as Specific Use Permits, the City Council may impose
such development standards and safeguards as the
conditions and location indicate important to the
welfare and protection of adjacent property from
excessive noise vibration, dust, dirt, smoke, fumes,
gas, odor, explosion, glare, offensive view or other
undesirable or hazardous conditions.
1.3
Temporary Construction Buildings: Temporary buildings
and temporary building material storage area to be used
for construction purposes may be permitted for a spe-
cified period of time in accordance with a permit
issued by the Building Official and subject to periodic
renewal by the Inspector for cause shown. Upon comple-
tion, abandonment of construction or expiration of
permit, such field offices and buildings shall be
- 3~ -
removed within thirty (30) days, or at the
direction of the Building Official.
1.4
Temporary Oevelopment Signs: Temporary develop-
ment and promotional signs not exceeding three
hundred (300) square feet in area may be erected
on private property. The Building Official shall
control the location and duration of such sign
use to assure that the occupancy and use of adja-
cent lots are not interferred with and that no
safety hazard is created. Such special development
signs will be removed at the direction of the
Building Official after completion of the development.
1.5
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 are not limited to, increased open space,
loading and parking requirements, suitable land-
scaping and additional improvements such as curbing
and sidewalks.
1.6
Any person or persons, jointly or severally aggrieved
by a decision of the Commission, may present to the
City Council a petition, duly verified, setting forth
that such decision is unjust, in whole or in part,
specifying the grounds of injustice. Such petition
shall be presented to the City Council within ten (10)
days after the final decision of the Commission, and
not thereafter.
1.7
Recording: One (1) copy of an approved Specific Use
Permit, shall be delivered to the owner of the pro-
perty, one (1) copy shall be filed in the office of
the Building Official.
1.8
Development: Following the issuance of a Specific
Use Permit, the Building Official shall insure that
if the development is undertaken, it is completed
in complaince with said permit. However, if a
Specific Use Permit has not been used within six (6)
months after the date granted, the permit is auto-
matically cancelled, which fact shall be noted over
the signature of the Building Official on the file
copies of the permit, and the owner shall be so
notified in writing.
ARTI CLE XX I
PLANNED RESIDENTIAL UNIT DEVELOPMENT
Section 1
Planned Residential Unti Development:
desirable that many properties in the
veloped in accordance with site plans
It may be
Ci ty be de-
prepared and
_ 33 _
approved in advance of development. To encourage
such planned unit development, regulatory provi-
sions are provided as follows:
1.1
Use Provisions: Whenever any property is designated
as being within the Planned Residential Unit Develop-
ment, the following types of uses may be authorized:
1. Housing development consisting of any combina-
tion of dwelling types on tracts with a minimum of
five (5) acres.
2. Uses permitted in the NS, Neighborhood Service
District, on tracts with a minimum area of one (1)
acre and when an integral part of a Planned Residen-
tial Unit Development.
3. Recreation Area/Open Space.
4. A combination of any of the developments
listed or other uses permitted in the zoning dis-
tricts corresponding to property on the Zoning
District Map.
1.2
Procedures:
1. A site plan setting forth the uses to be incor-
porated into the Planned Residential Unit Develop-
ment shall be approved and filed as part of the
Ordinance. The provisions of Article XIX Amendments
shall govern the review and processing of each appli-
cation for a Planned Residential Unit Development.
2. Such required Site Plan shall show the provisions
for ingress and egress to the property, access from
a public street, number and density of housing units
proposed per gross acre, sidewalks, utilities, drain-
age, parking space, hieght of buildings, maximum lot
coverage, yards and open spaces, screening walls or
fences and other development and protective require-
ments considered necessary to create a reasonable
transition and protection of the adjacent property.
3. The Planning and Zoning Commission may recommend
and City Council impose conditions relative to the
standards of development and such conditions shall be
complied with before a Certificate of Occupancy is
issued for the use of the land or any structure, which
is part of the Development. Such conditions shall
not be construed as conditions precedent to the
- 34-
granting of a Certificate of Occupancy.
ARTI CLE XXII
4. Site plans submitted for consideration under
the provisions of sub-section "3" may be altered
or amended with approval of the Planning and Zoning
Commission, but any change in the development shall
be considered an amendment to the Zoning Ordinance
and shall be processed in accordance with Article
XIX.
REGULATION OF NON-CONFORMING USES.
Section 1
Continuance of Use: Any non-conforming use of land
or structures may be continued for definite periods
of time, subject to such regulations as the Zoning
Board of Adjustment may require for immediate pre-
servation of the adjoining property and the ultimate
removal of the non-conforming use. If, however, a
continuous operation is not carried on in such non-
conforming use during a continuous period of one (1)
year, the building, other structure or tract of land
where non-conforming use previously existed shall
thereafter be occupied and used only for a conforming
use. Intent to resume activity operation shall not
affect the foregoing.
Section 2
Change of Use: A non-conforming use may be changed
to any conforming use. A non-conforming use shall
not be changed to any other type of non-conforming
use without the prior approval of the Zoning Board
of Adjustment which may grant a change of occupancy
from one non-conforming use to another, provided the
use is within the same or higher classification as
the original non-conforming use, that such non-
conforming use and occupancy will not tend to prolong
and continue non-conforming use. A non-conforming
use onc~ changed from a lower to a higher classifi-
cation use shall not be changed thereafter to a lower
classification use, and such prior lower classifica-
tion use shall be considered abandoned.
Section 3
Damage and Destruction: A non-conforming use shall
not be extended or rebuilt in case of obsolescense
or total destruction by fire or other cause. In the
case of partial destruction by fire or other causes
not exceeding fifty per cent (50%) of its value,
the Building Inspector shall issue a permit for
- 35 -
reconstruction. If greater than fifty per cent
(50%) and less than total, the Zoning Board of
Adjustment may grant permit for repair after
public hearing and having due regard for the
property rights of the persons affected when
considered in the light of public welfare and
the character of the areas surrounding the
designated non-conforming use.
Section 4
Enlargement: A non-conforming use shall not be
enlarged or extended, except upon authorization
of the Zoning Board of Adjustment.
Section 5
Section 6
Normal Maintenance: Normal maintenance of a
building or a structure containing a non-conforming
use is permitted, including necessary non-structu-
ral repairs and incidental alterations not extending
the non-conforming use.
Structural Changes: No structural alteration shall
be made in a building or other structure containing
a non-conforming use except that required by law.
ARTICLE XXIII
ADMINISTRAT!ON
Section 1
Administrative Provisions:
Ll
Building Permit and Plan Requirements:
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 ground before construction
is started.
1.2
Effect Upon Existing Permits, Agreements and Rights:
1. Existing Permits and Private Agreements: This
ordinance is not intended to abrogate or annul:
a. any permits issued before the effective date
of this ordinance;
b. any easement, covenant or any other private
agreement more restrictive than the provisions
of this ordinance.
-36
Section 2
2. Preserving Rights in Pending Litigation and
Violations Under Existing Ordinances: By the
passage of this ordinance, not presently illegal
use shall be deemed to have been legalized unless
specifically such use falls within a use district
where the actual use is a conforming use. Other-
wise, such uses shall remain non-conforming where
recognized, or an illegal use, as the case may be.
It is further the intent and declared purpose of
this ordinance that no offense committed, and no
liability, penalty or forfeiture, either civil or
criminal, shall be discharged or affected by the
adoption of this ordinance; but prosecutions and
suits for such offenses, liabilities, penalities
or forfeiture, either civil or criminal, shall be
discharged or affected by the adoption of this
ordinance; but prosecutions and suits for such
offenses, liabilities, penaltieies or forfeitures may
be instituted or causes presently pending be pro-
ceeded with in all respects as if such prior ordi-
nance has not been repealed.
Certificates of Occupancy and Compliance:
2.1
Certificated of Occupancy shall be required for:
1. Occupancy and use of a building hereafter
erected or structurally altered.
2. Change in use of an existing building to a use
of a different classification.
3. Occupancy and use of vacant land.
4. Change in the use of land to a use of a dif-
ferent classification.
5. Any change in the use of a non-conforming use.
No such occupancy, use, or change of use shall take
place until a Certificate of Occupancy therefor has
been issued by the Building Official.
2.2
Certificates of Occupancy for Non-Conforming Uses:
A Certificate of Occupancy shall be required for all
lawful non-conforming uses of land or buildings
created by adoption of this Ordinance. Application
for such Certificate of Occupancy for a non-conforming
use shall be filed with the Building Official by the
owner or leasee of the building or land occupied
by such non-conforming use within one (1) year of
the effective date of this Ordinance. It shall be
the duty of the Building Official to issue a Certi-
ficate of Occupancy for a lawful non-conforming use,
37
or refusal of the Building Official to issue a
Certificate of Occupancy for such non-conforming
use shall be evidence that said non-conforming
use was either illegal or did not lawfully exist
at the effective date of this Ordinance.
Section 3
Procedure: Written application for a Certificate
of Occupancy for a new building or for an existing
building which has been altered shall be made at
the same time as the application for the building
permit for such building. Said Certificate shall
be issued within three (3) days of completion of
construction or alteration. Written application
for a Certificate of Occupancy for the use of
vacant land, or for a change in the use of land
for a building, or for a change in non-conforming
use, as herein provided, shall be made to Building
Official; if the proposed use is an conformity
with the provisions of this Ordinance, the Certi-
ficate of Occupancy therefore shall be issued. The
fee for such Certificate of Occupancy shall be five
dollars ($5.00) to be paid to the City of Schertz
at the time the building permit is issued. Every
Certificate of Occupancy shall state that the building
or the proposed use of a building or land complies
with all provisions of law. A record of all Certi-
ficates of Occupancy shall be kept on file in the
office of the Building Official or his agent.
ARTICLE XXIV
BOARD OF ADJUSTMENT
Section 1
The Zoning Board of Adjustment as created by Article
VIII, Section 8.02 of the City Charter of Schertz,
Texas, shall hear and rule on all appeals to this
Ordinance.
Section 2
Jurisdiction: When, in its judgment, the public
convenience and welfare will be substantially served
and the appropriate use of neighboring property will
not be substantially or permanently injured, the
Board of Adjustment may, in specific cases after
public notice and public hearing, and subject to
appropriate conditions and safeguards, authorize and
shall have the power to grant the following special
exceptions to the regulations herein established.
In granting such exceptions and regulations the
Board of Adjustment shall not permit within any
district a use that is not permitted in that district
and the district regulations as set forth in this
Ordinance' The Board of Adjustment shall not permit any
variations or exception if the applicant has con-
tributed to the cause of the unnecessary hardship of
which he complains.
- 38-
Section 3
The Board of Adjustment may allow the following:
l. The reconstruction of a building occupied by
a non-conforming use, provided such reconstruction
does not prevent the eventual return of such pro-
perty to a conforming use, may be permitted.
2. Modifications of yard, open space, parking lot
area or lot width regulations as may be necessary
to secure appropriate development of a parcel of
land where such parcel was separately owned at the
time of the passage of this Ordinance and is of such
restricted area where the shape of the lot is such
that it cannot be appropriately developed without
such modification may be permitted.
3. Require the discontinuance of non-conforming
uses of land (not primary structures), under any plan
whereby the full value of any improvement can be
amortized within a reasonable number of years, taking
into consideration the general character of the
neighborhood and the necessity for all property to
conform to the regulations of this Ordinance.
4. Reduce required off-street parking if it can
be shown that the required minimum as herein estab-
lished will not at any time be necessary because of
the character of the proposed uses at a probable
limited quantity of employees, clients, customers
or tenants.
5. Decide appeals where it is alleged there is
error in the order, requirement, decision or deter-
mination made by the Building Official in the enforce-
of this Ordinance.
Section 4
Appl ications for Special Exceptions: All appl ications
for special exceptions shall be by appeal to the Board
of Adjustment. Appeals to the Board of Adjustment
may be taken by any person aggrieved, or by any officer,
department, board, or bureau of the City affected by
any decision of the administrative officer. Such
appeal shall be taken within a reasonable time, as
provided by the rules of the Board, by filing with
the officer from whom the appeal is taken and with
the Board of Adjustment a notice of appeal specifying
the grounds thereof. The officer from whom the appeal
is taken shall forthwith transmit to the Board all
papers constituting the record in the matter being
appealed.
- 39 -
Section 5
Stay of Proceedings: An appeal shall stay all
proceedings in the matter appealed, unless the
officer from whom the appeal is taken certifies
to the Board of Adjustment that a stay would in
his opinion cause imminent peril of life or
property.
Section 6
Hearings of Appeals: The Board of Adjustment shall
fix a reasonable time for the hearing of an appeal
and shall give written notice to the parties of
interest. In addition, at least fifteen (15) days
advance notice shall be given by publication at
least once in the official publication of the City
stating the time and place of such hearing, the
parties appealing such matter, and the lot descrip-
tion of the land which the matter concerns. The
Board of Adjustment shall mail notices of such
hearings to the petitioner and owners of property
lying within three hundred (300) feet of any point
of land on which a variation is desired and to all
other persons deemed by the Board to be affected
thereby. Such owners and persons shall be deter-
mined accoring to the current tax rolls of the City.
In exercising its powers the Board of Adjustment may
reverse or affirm wholly or partly, or may modify the
the order, requirement, decision, or determination ap-
pealed, and may make such order, requirement, decision, or
determination as ought to be made, and to that end shall
have all the powers of the officer from whom the'appeal
is taken. The concurring vote of four (4) members of
the Board of Adjustment shall be necessary to reverse
any order, requirement, deci~ion, or determination of
any building inspector. The concurring vote of four
(4) members of the Board of Adjustment shall also
be necessary to decide in favor of an applicant on
any matter upon which the Board is required to pass
upon under this Ordinance other than an appeal.
Section 7
Court Appeal: Any person or persons, jointly or
severally, aggrieved by any decision of the Board of
Adjustment or any taxpayer, or any officer, department,
board, or bureau of the City may present to a court
of record as provided by law a petition, duly veri-
fied setting forth that such decision is illegal, in
whole or in part, specifying the grounds of the ille-
gality. Such petition shall be presented to the
court within ten (10) days after the filing of the
decision in the office of the Board.
- 40 -
7.1
7.3
Writ of Certiorari: Upon the presentation of such
petition, the court may allow a writ of certiorari
directed to the Board of Adjustment to review such
decision of the Board of Adjustment and shall pre-
cribe therein the time within which a return there-
to must be made and served, which shall not be less
than ten (10) days and may be extended by the Court.
The allowance of the writ SbA11 not stay proceedings
upon the decision appealed from, but the court may,
on application, on notice to the Board, and on due
cause shown, grant a restraining order.
Return of Certified Copies: The Board of Adjustment
shall not be required to return the original papers
acted upon by it, but it shall be sufficient to
return certified or sworn copies thereof or of such
portions thereof as may be called for by such writ.
The returned copies shall 'concisely set forth such
other facts as may be pertinent and material to show
the grounds of the decision appealed from and shall
be certified. If upon the hearing it shall appear
to the qourt that testimony is necessary for the
proper disposition of the matter, the court shall
take evi,dence, appoint a referee to take such evi-
dence as it may direct and report the same to the
court with his findings of fact and conclusions of
law, whkh shall constitute a part of the proceedings
upon which the determination of the court shall be
made. The court may reverse, wholly or partly, or
may modify the decision brought up for review. Cause
shall not be allowed against the Board unless it
shall appear to the court that it acted with gross
negligence, or in bad faith, or with malice in making
the decision appealed from. All issues in any pro-
ceeding under this Article XXII shall have preference
over all other civil actions and proceedings. As
Acts 1961, 57th Leg., Pg. 687, Chap. 32,Para 1.
Fees: A fee of twenty-five dollars ($25.00) shall
be paid to the Building Official at the time the
notice of appeal is filed with the Inspector, and
shall forthwith pay over to the City Tr~asurer to
the credit of the general fund of the Clty
of Schertz.
7.2
ARTICLE XXV
ENFORCEMENT/ENFORCEMENT OFFICER/ENACTMENT
Section 1
Enforcement:
1.1
Enforcement Officer: The provlslons of this Ordi-
nance shall be administered and enforced by the
Building Official of the City of Schertz.
- 41 -
1.2
Right to Enter: The Building Official or any duly
authorized person shall have the right to enter
upon any premises at any reasonable time prior to
the completion of the buildings for the purpose of
making inspections of building or premises necessary
to carry out his duties in the enforcement of this
Ordinance.
1.3
Stop Orders: Whenever any building work is being
done contrary to the provisions of this Ordinance,
the Building Official may issue a stop order to
the owner or contractor doing or causing such work
to be done, and any such person shall forthwith
stop such work until authorized by the Building
Official to proceed with the work.
Section 2
Violation and Penalties:
2.1
Any Person, firm or corporation who shall violate
any of the provisions of this Ordinance or fail to
comply therewith 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 specification of plans submitted and
approved thereunder, or any certificate or permit
issued thereunder, shall, for each and every viola-
tion and noncomplaince respectively be deemed guilty
of a misdemeanor and upon conviction thereof shall
be fined a sum not to exceed two hundred dollars
($200.00), Each and every day that such violation
and/or noncompliance shall exist shall be deemed a
separate offense.
2.2
But in case any person, firm, or corporation violates
any of the provisions of this Ordinance or fails to
comply therewith, the City of Schertz, in addition
to imposing the penalties above provided may insti-
tute any appropriate action or proceedings in court
to prevent, restrain, correct, or abate or to pre-
vent any illegal act, conduct, business or use in
or about any land, and the definition of any viola-
tion of the terms of this Ordinance as a misdemeanor,
shall not preclude the City of Schertz from invoking
the civil remedies given it by law in such cases,
but same shall be cumul ati ve of and j,n addi hon ;:llo
the penalties prescribed for such violation.
Section 3
Provisions of Ordinance Declared to be Minimum Require-
ments: In their interpretation and application, the
provisions of this ordinance shall be held to be mini-
mum requirements adopted for the promotion of public
- 42 -
Section 4
health, safety, morals, and general welfare. When-
ever the requirements of this Ordinance are at
variance with the requirements of any other law-
fully adopted rules, regulations or ordinances, the
requirement that is more restrictive or that imposes
higher standards as determined by the Building
Inspector shall govern.
Repeal of Conflicting Ordinances or Orders: Ordinance
and all orders, ordinances or parts of ordinances in
conflict with this ordinance, or inconsistent with
the provisions of this ordinance are hereby repealed
to the extent necessary to give this ordinance full
force and effect.
Section 5
Severability Clause: Should any section or provision
of this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole or
any part thereof other than the part so declared to
be unconstitutional or invalid.
XXVI
EFFECTIVE DATE
This code shall become effective from and after the
date of its approval and adoption as provided by law.
1
PASSED, APPROVED AND ADOPTED thi s the j.) day of ()L/~,...-jf-
1979, with an effective date of J1ft;:;:J.uv ".J /9 9
/~~ ~1:.L/
Mayor , City of Schertz, Texas
A.D. ,
ATTEST:
,
9' JUs;;.
I _......
ct./ <I' P ~
. y Secretary
(CITY SEAL)
- 43 -
I
~ M I ~ ~ <( ~ ..
0 c .a '" :5 ~ i g
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SCHEDULE ~ ~M ~~ ~ . 1S~<!i
cel ~ c '"
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OF USES . ~ .,.S 1S ...!:1S c ~~ "a.S 1$ E~ 0 ~ III"; ~ .. ~ 13 5E~ ':sp
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SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2
AGRICULTURE USES
Agricultural X X X X X S
FirJd Crops
Agricultural X X X X X
Animal Hushandry S
Farm, RanC'h, or X X X X X
OrchBJ'd S
~l''''' and Un!lch..duled
Agri('u1tural U~l'!I all Providrd
(or undPT &-ction2.1.1
PRIMARY RESIDENTIAL USES
Onl' ramih ~'e1]ing X X X X X X
nrtachrd - ~S S S
Dnl" Fllmia Dwelling
Altacht>d o.....n HOWle) X X ,8 S S'
(&-foPro\'i!lion6~.2.1.2)
T\o,'O Family X X '9
DWI'I1ing S S
Multi-Family lApartment) X X S S S.
n....eJlin'
Garden Home S S S S X S S S
SCHEDULE
OF USES
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rlltnnt'd JU."id.'ntilll
Unit !)I'v,']opm"nt
(Not Provisions ~ 21.3)
X
X
X
Ruardinltor Rtlumin,
Houft
X
X
X
Hotel or Motel
AplUtment Hotel
S
X
X
Mol;jJeHome
(See Provision!' SPc. 2.1..()
X
Nf'\'I' and Unllcheduled
Residential U.le.l lIlI Provided
for under&-ction 2.1.1
X
x.
X
X
X
ACCESSORY AND INCIDENTAL USES
A{'{'e~!lor>' Huildin...
Rt'~identlal
X
X
X
X
X
X
S
X
X
X
X
X
s
FarmA{'('!.,,"ory
Ruildinl{
X
S
S
s
Bum!' Orropalion
X
X
X
X
X
X
X
X
Off Rtrt'l't Parkinl{
In,.jdental 10 Main lllle
X
X
X
X
X
X
X
X
X
X
s
APPENDIX A - Zoning Ordinance
- 44 -
SCHEDULE
OF USES
SYMBOL
~l.n'ant orCarf'lakers
Qt:atwl"(I
Social and R..-<-H'aliona!
n'-1ildin!l'
S"-;rr.minKPoo]
(Privatel
T..,nporar.v Fi..ld or
l(ln~truction Offi~e
Is..... Pro.i~jnn~ St-c. 2,3.31
~..w r.nd l'n-"chf'duled
Af"'.'~~"r\ and Incid"ntal l18eS
;.,s Provid"d for under S..c. 2.1.]
t~<r~~ HA~{drt or
ChUTch'Rpctory
Chic ('enter
Convpnt 'Mona~tery
SCHEDULE
OF USES
SYMBOL
Day Nunlery
Kind,"rjo;arten
Frat.,rnity or Sorority,
L"dgeorCivicClub
(No Liquor)
Home for AkohoIic, Nar("otic
or Psychiatric Patients
Hospital/General
Al'uteCare)
Hospital
(ChtorUcCare)
Imttitutionsof ReligioulIor
Philanthropic-Nature
Library, An Gallery.
Mu~{'um
Puhlir Administration
Offices
Rl'lIidenCE' Home for Aj.(ed
School>;. Private, College.
Univ..rsity
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APPENDIX A - Zoning Ordinance
X
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S
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- 45 -
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S
S
x
S
x
x
x
x
S
x
X
x
x
x
x
x
x
x
x
S
x
x
x
x
x
x
x
x
x
x
x
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OF USES t. ~.:= _t:! ~~ .~ C ~. . ~ '0; t:l .. . -c E ~ SE~
on "&.'iiS ..,-;:: 'C ""=j'S :i.... -s t::!'s ..<::_t::,!: t S l~~ ~.E c
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:tiS V'ic:o t~6 :8p..5 oC:c <!5 .=:ltoc, '::Q.!1.i
SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2
SdlOOls, Public or S S S S X X X X X S
Parochial
!'olt'W and llnsch..du]"d
Ir.stilutionalllnd SJ.><'cial S S S S S -~ X
s..rvjc-c l1ses .'IS Pro\'idt'd for
und"r $t>('tion 2.1.1
-- I---
UTILITIES AND RELATED SERVICE USES
El!'ctrlcal Suhstation S S S S S S S S X S
El<-ctric P()Wt'T Gennating X S
Plant
FIr.. Stillion S S S S S S X X X X S
Gas Transmission IInd S S S S S S S X X X S
M...tt,ring Station
Local Ulility X X X X X X X X X X S
Distribution tines
Radio, Tl'Jevision or S S S S S S S S X X S
Micro Wflve ToWerll
SCHEDULE
OF USES
c
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SYMBOL
R-I
R-2
R-3
R-4
Rlldio or Tl"]e\ision Trans-
mitting Station, Commercial
S
S
S
S
S
S€.....erllge Pumpinj:: Station
X
X
X
X
X
~werage Treatment Plant
S
S
S
S
S
Railruad Tracks and
Right-of-Way
X
X
X
X
X
Railroad Tt'am Tra~k
FrMf/:ht Depot
TellCphone Business Office
Telephone Ex('hange Swit.ch-
ing Relay and Trllnsmitting
Equi..ment
S
s
S
S
S
l'tilitip". Puhlicor Privl\te
Ottwr than Listed
s
S
S
S
S
l'lility Shupli orStorall'e;
YliTd~ Itnd BU)ldinjrf
Walter Tn-olmpnt Plant
S
S
s
S
S
APPENDIX A - Zoning Ordinance
- 46 -
R-5 MH
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X
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SYMBOL
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v,.'''..r....dl. Ft"Hervoir
Pumpi ng ~tati(m or Storage
8
8
8
8
8
8
8
8
x
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tTtilitv ll11d R,.]ntl'd S{-nice
(l~,.~ as PT<ninpd fur under
~ti()n2,1.1
8
8
888 888 X
--
ENTERTAINMENT A;>;D RECREATIO:\AL USES
AmlJ~I'mt"nt, Commercial
Outdoor - Indoor
8
X
X
rountry Club
8
X
S
S
S
X
X
x
Or,,!:" Strip
S
Fair~"T"Unds
S
X
X
X
Park 'Plll~'b"TOl,Jnd 'Similar
Puhli{' Site
X
X
X
X
X
X
X
Private Club
S
S
X
X
X
X
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SCHEDULE ~ 's ~~ ~ 8 ..
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OF USES ~.= 1:$ ",.: t: c ~. "S,.: t: . . Cl -; "i ~ 13 eEl ., ~ l
<11-'1:: . . J:. t.c t.: "5 -.~ i~l
Q< 1C'i :5 1i:,;j'S c~_ '::I~:S ]..IIl-S e-E l!R"> ... ~'E~
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::!:.c.o 00: "<0 'sc.a5 .:~al
SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2
Public S S S S X X X X X X S
R,":-H'lltiun C('nter
Private S S S S X X X X X X S
Tmnis/Swim Club ,
~e", and Un..ch..duled
F:ntRrtainment and Recrea. 8 S S S 8 X X X X X S
tional U!;l'S as Provided for
undl'r St-ction 2.1.1
AUTOMOBILE AND RELATED SERVICE USES
Auto Laundry X X X S
Auto Sales and Repair X X X S
(In Buildlng)
Auto Sales, New or Used X X X S
Car Lot (Open)
Auto Painting IInd X X -S
Boo)! Shop
Gasoline Service X X X S
Station
APPENDIX A - Zoning Ordinance
- 47 -
~ . <( . "
.. ~ E . . .
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e '" ~ .~ g . 0 . 0
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SCHEDULE ~ 's ~~ .l! " ~~~
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OF USES ~. ':.s u C ~. 13..5 u . . Ol-;;t: iE~ :E E~
05 ~.:i'S .'i-~ os:-;: 'C ~"iI= :5.... "5 ~ i'~ ..c t:-J: t <=c -i:{:~ ~ ~ c
o e- ....s: _ ~ -!i~
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Ji~i5 t~iS ::e~a "0.0 O.!:i5 ""IS ..=.cta; ..=.tas
SYMBOL PD R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2
Commt'rcial
PaThng Lot Or Structure, S X X X S
A.",
_n
Parking Lot Truck X X S
Storage
-- .--.
~ale ~l'W Auto Parts, X X X S
in Building
Sale Rnd &nin' !';{cw and U"t"d on f----
Auto A('('"s~orie;; and Parts, X X S
in Ruildinl{
--
Seat C("..er or Muff1er X X S
1n1<la11ation Shop
- -- --
Tire RetTl-ading and X S
Capping
Wn'dcing or Salvage Yard S
for Autoso! Parts
New and Um:l.'h('dult'd Auto-
mobile Rt>Jated Service Ust'E< 88 X S
Provided for under &-ct.ion 2.1.1
RETAIL A.."ID BUSINESS SERVICES
Antique Shop 1 X X X X X
~ . <( . '"
.. ~ 5 . E 0.
. C .a " "
'" '" .- -g 6t~ 15 t~
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SCHEDULE ~ s -s .l! " 0
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OF USES ~. ~.= tl ~.= ti C ~. Ii.!: ti . . : -:_~ .~ E~ '5 E~
05 1i~ 'S ~i"5 "':;:: -s::: ":Ii ".5 ;s-","E ..ct:.c t.~ '5
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~~IS "00 "0.5 o~~ .=~ai .=~ai
SYMBOL PO R-l R-2 R-3 R-4 R-5 MH OP NS GB M-l M-2
-- -
Art Supply Store X X X X S
Animal Clinic or Pet X X X S
Hospital (NoOutsid", P,>ns) -
Rank or Savings and X X X X S
IAlan Office
Book and Stationery X X X X S
Store
-- -
Barber and Beauty Shop X X X X S
Bake~onfectionery X X X S
Shop ,al] Sale.;)
Caff'teria'R.'slaurant X X X X S
Camera Shop X X X X S
C]e"ninl:' Shop11..aundry X X X S
-
Cl.,;.nin~/I..llundry I IX X X S
Pirk-up, tatlUn
-- -------
APPENDIX A - Zoning Ordinance
- 48 -
SCHEDULE
OF USES
SYMBOL
Cl~"ning/I..I'lo.;ndry
S..Jf Senicr' Shop
Clinic
Mt>dkal-'flfntal
Drug Store'Pharm:.cy
D,.pRrtmf;'nt ~tm" '[)jl'count House
GJOct"ry ~((lrl'
FurnitUTf,'App1ianc-f' Store
F10rist Shop
Garden Shop and
Plant Salea
Handcraft and Art
ObjPCt ~a1e
Hardware Store
SCHEDULE
OF USES
SYMBOL
H"nhy Shop
Key Shop
t..llhoraton, Mf'rlical
orf)t>ntal"
,:
Letter/~1imt'Ogr8ph Shop
Ml'dical Appliances
Fitting end SaleB
Mortuary
OffiCi', Professional/
General Rusineu
Opti('al Shop
Patkagt- Store
Pawn Shop
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APPENDIX A - Zoning Ordinance
x
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- 49 -
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SYMBOL
Pet Shop - Small Animals, Birds 'Fish
Personal Custom Services
such as Tailor, Milliner,
related
Rf'tail Shops. Apparel Acc!',..
>,ories, Gift" and Similar
C'onsumerltt>m.ll
Repair of Ap-'p1iances, T.V.,
Radios and Similar Equipment
Sh",' }Wpair
Sio:ns. Rusiness
Signs, Billboard 'Advl;'rtising
Si/o:ns . Pole Type not
urt'l'ding64 sq. It..
Only t'xpospd Face
Si!:ns, Chw-ch and School
~nls9,~~ Estate
SCHEDULE
OF USES
SYMBOL
Studio, Photo!{Tapher,
Artlst, MUSIC, Drama, Dance
Studio. Ht-Nth, JU'ducing or
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nil<play of Art Objecte
I~
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Travel Bureau or
Consultant
Vnerinarian Office
(No Animal Hospital)
Variety Store
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and RU!llness $en'ires 8S Pro-
vided for under Sec. 2.1.1
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APPENDIX A - Zoning Ordinance
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OF USES
SYMBOL
Building Material
$,ues
Cabinl"l or Vpholstery
%op
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Process
Ch'Hlung, Dyeing/Laundry
Plant COlTlm"'rcial
('ontrm10TS Storagel
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Dance Ilalll
!\"i!:ht Club
Driv(Lln Theater
Hell">' Machinery Sale
Storal<(e Repair
La:boratory,
Manufacturing
Laboratory, Scientific
or Rt>st'arch
SCHEDULE
OF USES
SYMBOL
1..itho/.'T"phl'r1Print Shop
Maintenann' and fu>pair
Storvice
r:~~~~t~tDairY!Ice
Opt'n Storage and Salf' of
Fw-ruture. Appliancetl
and Mac-hinery
Pai nt Shop
Plumbing Shop
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Pa"sen"..,T Station
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APPENDEX A - Zoning Ordinance
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SYMBOL PD R-l R.2 R-3 R-4 R-5 MH OP NS GB M-l M-2
-- ---- ~-- --- ---- -_._~-- ---- ~-- .,...- .--.--- ---'----
FOLLOWING I'SES Pf:H~lITn;1J BY SPECIAL USE PERMIT ONLY
n. .
Asphalt or ('"nude S
n"tehing Pt,nts -
St<>ra".. of Sh..!l, Sni!, S S
Sand and Gravel
C"mm..rl'iHI Extraction of S S
Soil. S..nd, and Gravel
.._----
Wro.'t"kjnJO: "SahaJO:e __ __L~ ___ S
Yanl
-.
APPENDIX A - Zoning Ordinance
- 52 -
APPENDIX B
DEFINITIONS
For the purpose of this ordinance, certain words as used herein are
defined as follows:
Accessory Building or Use: An accessory building or use is one which:
a. Is subordinate to and serves a principal building or principal
use;
b. Is subordinate in area, extent, or purpose to the prinicpal
building or principal use served;
c. Contributes to the comfort, convenience, and necessity of
occupants of the principal building or principal use served;
d. Is located on the same building lot as the principal building
or principal use served.
Accessory, when used in the text, shall have the same meaning as accessory
use. An accessory building may be part of the principal building.
Alley: An alley is a public right-of-way which affords a secondary means
of access to abutting property
Apartment: An apartment is a room or group of rooms in an apartment
building used as a dwelling for one (1) family unit which does its cooking
therein.
Apartment Building: A building or portion thereof used or intended to be
used as a home for three (3) or more families or households living indepen-
dently of each other and equipped for preparation of food.
Basement: A story (or p~~tion of a story) partly below curb level, with
at least one-half of its height (measured from floor to ceiling) above curb
level. The curb level nearest to a story (or protion of a story) shall be
used to determine whether such story (or portion of a story) is a basement.
Building Official: The officer or other designated authority charged with
the administration and enforcement of this ordinance, or his duly authorize
representative.
Boarding House: A building other than hotel, motel, or an apartment hotel
where, for compensation and prearrangement for a definite period, meals
or lodging and meals are provided for three or more persons, but not ex-
ceeding twenty persons.
Block: A tract of land bounded by streets or a combination of streets and
public parks, or corporate boundaries of the City of Schertz.
Board: The word Board shall mean the Board of Adjustment.
APPENDIX B - Zoning Ordinance
- 53-
Building: Any structure which:
a. Is permanently affixed to the land;
b. Has one or more floors and a roof;
c. Is bounded by either open area or the lot lines.
A building shall not include such structures as billboards, fences, or
radio towers, or structures with interior surfaces not normally accessible
for human use, such as tanks, smoke stacks, grain elevators, oil cracking
towers or similar structures.
Building Detached: A building which is surrounded by yards or open space
on its building lot.
Building Area: The total square footage of a lot covered by a building
measured on a horizontal plane at mean grade level.
Building Envelop:: The net cubic space that remains for placing a structure
on a site after building line, setback, side yard, height, and bulk regu-
lations are observed.
Building Height: The vertical distance from the grade to the highest point
of the coping of a flat roof, or to the deck line of a mansard roof, or to
the mean height level between eaves and ridge for gable, hip, or gambrel
roof.
Building Line: A building limit fixed at a specific distance from the front
or side boundaries of a lot beyond which a structure cannot lawfully extend.
Building Plot: The land (lots, or tract of land) upon which a building or
buildings are located, or upon which they are to be constructed, including
yards and bounded by the property line.
Buffer Zone: A strip of land created to separate and protect one type of
land use from another.
City: The City of Schertz, Texas
Clinic: An establishment of offices in which a group of physicians, den-
tists, or other practitioners of the healing arts, and allied professional
assistants are associated for the purpose of diagnosing and treating ill
or injured persons. A clinic may include a medical or dental laboratory,
but may not include facilities for providing room or board for patients,
nor may a clinic include offices or facilities for veterinarians.
Club or LOdge: An association of persons for the promotion of some non-
profit common objective, such as literature, science, politics, good fellow-
ship and similar objectives which meets periodically and which is limited
to members.
APPENDIX B - Zoning Ordinance
- 54 -
Commercial Amusement: Any enterprise whose main purpose is to provide
the general public with an amusing or entertaining activity, where tickets
are sold or fees collected at the gates of the activity. Commercial
amusements include zoos, carnivals, expositions, miniature golf courses,
driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos,
tent shows, ferris wheels, childrens' rides, roller coasters, skating
rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and
similar enterprises.
Common Property: A parcel or parcels of land, together with the improve-
ments thereon, the use and enjoyment of which are shared by the owners
and occupants of the individual building sites in a Planned Unit.
Commission: The Planning and Zoning Commission of Schertz, Texas.
Comprehensive Master Plan: A legal document often in the form of a map
and accompanying text adopted by the local legislative body. The plan
is a compendium of its general policies regarding the long-term develop-
ment of its jurisdiction. It is also called a "general plan" or "city
plan."
Council: The City Council of Schertz, Texas.
Court: An open, unoccupied space bounded on more than two sides by the
walls of a building. An inner court is entirely surrounded by the exterior
walls of a building. An outer court has one side open to a street, alley,
yard, or other permanent open space.
Convalescent Home:
persons recovering
sation.
Any structure used or occupied by three (3) or more
from illness or receiving geriatric care for compen-
Corner Lot: A lot abutting upon two (2) or more streets at their inter-
section.
District: Any section of the City of Schertz for which the zoning regu-
lations governing the use of buildings and premises, the height of build-
ings, the size of yards, and the intensity of use are uniform.
Dwellings: Any building or portion thereof which is designed for or used
for residential purposes.
Dwelling, Multi-Family: A building or portion thereof constructed for or
occupied by three or more families and containing three or more dwelling
units.
Dwelling, One Family: A building designed for or occupied exclusively
by one fami ly.
Dwelling, Duplex: A building designed for or occupied exclusively by
two families.
APPENDIX B - Zoning Ordinance
- 55 -
-~---------~--,---~-----_._~-_._---------
Dwelling Unit: A room or suite of two or more rooms designed or intended
for use by an individual or family in which culinary and sanitary conven-
iences are provided for the exclusive use of such individual or family.
Dormitory: Any structure specifically designed to house student tenants
associated with a university, college or school.
Family: A group of two or more persons related by blood, marriage, or
adoption residing together; this is the basic occupancy intended for
"single-family residence" districts.
Filling, Retail Service Station: An establishment where gasoline, oil,
and grease, or automobile accessories are sold, supplied or dispensed
to the motor vehicle trade or where motor vehicles received limited repair,
are equipped for service, or where electric storage batteries are charged
and cared for, or a place where any two (2) or more such activities are
carried on or conducted as the principal use of the establishment.
Fraternity, Sorority, or Group Student House:
maintained exclusively for students affiliated
tional institution.
A building occupied by and
with an academic or voca-
Frontage: All the property on one side of a street between two inter-
secting streets (crossing or terminating) measured along the line of the
street, or if the street is dead ended, then all the property abutting
on one side between an intersecting street and the dead end of the street.
Garage, Commercial: A commercial garage is a premise, and structure used
for housing more than five (5) motor vehicles or where any vehicles are
repaired for operation or kept for remuneration, hire, or sale.
Garage, Private: An accessory building designed or used for the storage
of not more than four motor-driven vehicles owned and used by the occupants
of the building to which it is necessary. Not more than one of the vehicles
may be a commercial vehicle of not more than two-ton capacity.
Garage, Public: A building or portion thereof, other than a private or
storage garage, designed or used for equipping, servicing, repairing,
hiring, selling, or storing motor-driven vehicles.
Garden Home: Is an individually owned single-family home, separated from
its neighbor by a minimum of ten (10) feet on a lot having a minimum of
five thousand (5,000) square feet.
Home Occupation: Any occupation or activity carried on by a member 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
APPENDIX B - Zoning Ordinance
- 56 -
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 house-
hold purposes.
Hospital, Sanitarium, Nursing or Convalescent Homes: A building or portion
thereof, used or designed for the housing or treatment of the sick, aged,
mentally ill, injured, convalescent or infirm persons; provided that this
definition shall not include rooms in any residential dwelling, hotel,
apartment hotel not ordinarily intended to be occupied by said persons.
Hotel: A building used or intended to be used as living quarters for tran-
sient guests, but not excluding permanent guests, and may include a cafe,
drugstore, clothes pressing shop, barber shop or other service facilities
for the guests for compensation.
Kindergarten: Any school, private or parochial, operating for profit or
not, attended by four (4) or more children at anyone time during part of
a twenty-four (24) hour day, which provides a program of instruction for
children below the first grade level in which constructive endeavors,
object lessons and helpful games are prominent features of the curriculum.
Loading Space: A space within the main building or on the same lot
therewith, providing for the standing, loading or unloading of trucks,
and having a minimum dimension of 12 by 35 feet and a vertical clearance
of at least 14 feet.
Lot: As used herein, a "lot" is the physical and undivided tract or
parcel of land as shown on the duly recorded plat.
Lot Area: The area of a lot between lot lines, including any portion of
an easement which may exist within such lot lines.
Lot Corner: A lot which has an interior angle of less than 135 degrees
at the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents of the curve at
the points of the intersection of the side lot lines intersect at an in-
terior angle of less than 135 degrees.
Lot, Double Frontage: A lot having a frontage on two non-intersecting
streets as distinguished from a corner lot.
Lot, Interior: A building lot other than a corner lot.
Lot of Record: A lot which is part of a subdivision, the map of which has
been recorded in the office of the County Clerk of Guadalupe, or Bexar
and/or Comal Counties; or a parcel of land, the deed of which was recorded
in the office of the County Clerk of Guadalupe, or Bexar and/or Comal
Counties.
Mobile Home: It must be a movable or portable dwelling constructed to be
towed by a motor vehicle on its own chassis over Texas roads and highways
APPENDIX B - Zoning Ordinance
- 57 -
under special permit connected to utilities, and designed without a
permanent foundation, for year-round living. It may consist of one or
more units that can be telescoped when towed and expanded later for
additional capacity, or of two or more units separately towable but
designed to be joined into one integral unit.
Mobile Home Development: A unified development of mobile homes placed
on individually owned lots.
Mobile Home Park: A unified development of mobile home spaces arranged
on a tract of land under single person ownership, meeting all require-
ments of this Ordinance.
Motel or Motor Hotel: A building or group of buildings including either
separate units or a row of units which contain sleeping accomodations
primarily for transient occupancy, and provide off-street parking space
on the same building lot for use of its occupants.
Multiple Building Complex: More than one (1) principal building on a
building plot.
Nonconforming Use: The use of land or a building, or a portion thereof,
which use does not conform with the use regulations of the district in
which it is situated and which use was in existence prior to the effective
date of this Ordinance.
Occupancy: The use or intended use of the land or buildings by proprietors
or tenants.
Open Space: That part of the countryside which has not been developed and
which is desirable for preservation in its natural state for ecological,
historical, or recreational purposes, or in its cultivated state to pre-
serve agricultural, forest, or urban greenbelt areas.
Parking Space: A surfaced area, enclosed or unenclosed, sufficient in
size to store one automobile, with a surfaced driveway connecting the
parking space with the street or alley and permitting ingress and egress
of an automobile. A parking space shall not occupy any public land.
Permit: Is an official document or certificate issued by the authority
having jurisdiction authorizing performance of a specified activity.
Planned Unit: A land area which:
1. has individual building sites and common property such as a
park, and
2. is designed to be capable of satisfactory use and operation as
a separate entity without necessarily having the participation
of other building sites or other common property.
The ownership of the common property may be either public or private.
APPENDIX B - Zoning Ordinance
- 58 -
Planned Residential Unit Development: A single planned unit as initially
designed; or such a unit as expanded by annexation of additional land area;
or a group of continuous planned units, as separate entities or merged
into a single consolidated entity.
Plot Plan: A plan showing the use of the land, to include locations of
buildings, drives, sidewalks, parking areas, drainage facilities and
other structures to be constructed.
Retail Food Store: A retail establishment selling meats, fruits, vegetables,
bakery products, dairy products, light hardware and other similar items
which are purchased for use and/or consumption off the premises (may be a
drive-in or supermarket type).
Rooming House: A group of rooms provided for compensation either in a
converted single family home or in a structure sepcifically designed for
such purpose. No cooking facilities are provided in individual living units.
Rooming and Boarding House: Where both rooms and meals are provided for
compensation for more than four (4) persons.
Setback Line: A line which marks the setback distance from the property
line, and establishes the minimum required front, side and rear yard space
of a building plat.
Shopping Center:
a variety of goods
an integral unit.
A composite arrangement of shops and stores which provides
and services to the general public, when developed as
Sign, Advertising: Poster panel, painted bulletins or other advertising
devices which promote and advertise commodities or services not limited to
being offered on the premises on which such signs are located.
Sign, Business: A graphic device which advertises only commodities or
services offered on the premises where such sign is located.
Sign, Church and School: Name plates and bulletin board for schools, and
churches located on premises, but not exceeding thirty (30) square feet
in area and not a flashing, intermittent, revolving or similar lighted type.
Free Standing Sign: A free-standing sign supported by a single vertical
support anchored or set in the ground, no exposed face of which exceeds
sixty four (64) square feet in surface area.
Sign, Real Estate: Temporary signs pertaining to the sale or rental of
property upon which they are located, not exceeding twenty (20) square
feet in area and advertising property only for a use which it is legally
zoned.
APPENDIX B - Zoni~g Ordinance
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Storage Garage: A "storage garage" is any premise, and structure used
exclusively for the storage of more than five (5) automobiles.
Story: That portion of a building, other than a basement, included be-
tween the surface of any floor and the surface of the floor next above
it or, if there be no floor above it, then the space between the floor
and the ceiling nest above it.
Story, Half: A partial story under a gable, hip, or gambrel roof, the
wall plates of which on at least two opposite exterior walls are not
more than four (4) feet above the floor of such story, except that any
partial story used for residence purposes, other than for a janitor or
caretaker of his family, or by a family occupying the floor immediately
below it, shall be deemed a full story.
Street: A public or private thoroughfare which affords the principal
means of access to abutting property.
Street Line: A dividing line between a lot, tract, or parcel of land
and a contiguous street.
Structure: Anything constructed or built, the use of which requires
permanent location on the ground or attachment to something having a
permanent location on the ground.
Structure, Principal: The prinicpal structure which fulfills the purpose
for which the building plot is intended.
Structural Alterations: Any change which would tend to prolong the life
of a supporting member of a structure such as bearing walls, columns,
beams or girders.
Town House: Is a row of single-family dwelling units which are attached
by one or more common walls.
Use: The purpose of activity for which the land or building thereby is
designed, arranged or intended, or for which it is occupied or maintained,
and shall include any manner of performance of such activity with respect
to the performance standards of this Ordinance.
Variety Store: A retail commercial establishment which supplies a variety
of household goods, toys, light hardware items, candy, some clothing and
other general merchandise.
Variance: A legal deviation of a district
enforcement will result in undue hardship.
owne~, standing alone, shall not be deemed
zoning regulation whose strict
Pecuniary hardship to the
to constitute undue hardship.
APPENDIX B - Zoning Ordinance
- 60 -
Wrecking or Salvage Yard: A place where waste, discarded or salvage
materials are brought, sold, exchanged, baled, packed, disassembled or
handled, including auto wrecking yards, house wrecking yards, used
lumber yards, and places for storage of salvaged materials of house
wrecking and structural steel materials 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 of used furniture and household equipment
when conducted entirely within a completely enclosed building, sale of
used cars in operating condition, or salvaged materials incidental to
a manufacturing operation.
Yard: An open space at grade between a building and the adjoining lot
lines, unoccupied and unobstructed by any portion of a structure from
the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the dept of the rear yard, the minimum horizon-
tal distance between the lot line and the main building shall be used.
Yard, Front: A yard extending across the front of a lot between the side
lot lines, and being the minimum horizontal distance between the street
or place line and the main building or any projections of the usual un-
covered steps, uncovered balconies, or uncovered porch. On corner lots
the front yard shall be considered a parallel to the street upon which
the lot has its least dimension.
Yard, Rear: A yard extending across the rear of a lot and being the
required minimum horizontal distance between the rear lot line and the
rear of the main building or any projections thereof other than the pro-
jections of uncovered steps, unenclosed balconies, or unenclosed porches.
Yard, Side: A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear yard
and being the minimum horizontal distance between a side lot line and the
side of the main buildings or any projections thereto.
Definitions not expressly prescribed herein are to be construed in accord-
ance with customary usage in municipal planning and engineering practices.
APPENDIX B - Zoning Ordinance
- 61 -
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To:
Richard Harris
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From: Nancy Kerr
Re: Constitutionality of Schertz Billboard Ordinance
Date: April 1, 1985
Facts:
Article XVIII, Section 2.6, of the Zoning Ordinance of
the City of Schertz prohibits the erection of billboards
advertising products or services not available on the site
of the sign. A variance from this regulation has been
requested and is scheduled for hearing before the Board of
Adjustment on April 2, 1985.
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Question Presented: ~,y~.'
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Is the prohibition against construction of off-premise
commercial billboards constitutional?
Answer:
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Yes. Commercial speech which is not misleading .and
which does not concern illegal activity warrants first
amendment protection. Regulation of such speech, however,
even to the point of a ban against~commercial off-premise
billboard advertising, is constitutional since traffic
safety and beautification of the environment are substantial
governmental interests directly advanced by such regulation.
Discussion:
Before 1976, purely 'commercial speech was considered
outside the scope of the first amendment. Valentine v.'
Chrestensen, 316 U.S. 52, 54 (1942). In that year, the case
of Virginia State Board of Pharmacy v. Virginia Citizens
Consumer Council, Inc. established that truthful commercial
speech regarding lawful activities should be protected by
first amendment safeguards. Virginia State Board of
Pharmacy, 425 U.S. 748, 773 (1976). Commercial speech,
however, continued to occupy a less favored position than
political, cultural, social, or religious expressions and in
Central Hudson, the Supreme Court 'articulated a separate
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1.
Does the commercial speech
activity or is it misleading?
concern
.
.
standard of review. The Central Hudson test, which
applicable to the Schertz ordinance, involves four steps:
2. Is the regulation justified by a
governmental interest?
3. Does the restriction directly advance
interest involved?
4. Is the restriction no more extensive
necessary to further the state interest?
Central Hudson Gas v. Public Service Comm'n, 445 U.S. 557,
564 (1980).
The Supreme Court had occasion in 1981 to apply this
test to the City of San Diego's ,billboard ordinance which
included a ban against off-premise commercial signs.
Metromedia, Inc. v. San Diego, 453:U.S. 490, 507-12 (1981).
No claim was made that the speech prohibited was misleading
or concerned illegal activity. The-Court resolved step 2 of
the Central Hudson test by stating that there can be little
doubt that the "twin goals that. the ordinance seeks to
further--traffic safety and the appearance of the city are
substantial governmental goals." Id..at 507-08. Respect
for the judgment of the local lawmakers that traffic safety
and aesthetics were directly advanced by the regulation was
sufficient to clear step 3. Finally, the Court found the
ban no more restrictive than necessary:
If the city has a sufficient basis for
believing that billboards are traffic
hazards and are unattractive, then
obviously the most direct and perhaps
the only effective approach to solving
the problems they create is to prohibit
them. The city has gone no further than
necessary in seeking to meet its ends.
Id. at 508.
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The Court concluded in Metromedia that the off-premise
commercial billboard ban passed the Central Hudson test but
deemed the sections of the San Diego ordinance pertaining to
noncommercial speech unconstitutional. The decision's
precedential value has been questioned since it was reached
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by only a plurality of justices. For the purpose of
analyzing commercial speech regulations, however, the
decision is strong since the concurring justices and the
dissenters looked favorably on this aspect of the ordinance.
Justices Brennan and Blackmun would require a city to
present evidence that the regulation advanced the interests
of traffic safety and aesthetics. Id. at 528-30. Justice
Stevens, writing in dissent, agreed with the plurality that
the distinction between commercial on-premise and
off-premise signs was constitutionally permissible. Id. at
542. Chief Justice Burger, another dissenter, employing the
rational basis test, emphasized that traffic safety and
aesthetics are substantial governmental interests. Id. at
560. Justice Rehnquist stated that aesthetics alone-Was a
sufficient regulation objective. Id. at 570.
In 1983, the Fifth Circuit cited Metromedia extensively
in upholding a Mississippi law which banned liquor
advertising. Dunagin v. City of Oxford, Miss., 718 F.2d
738, 746-53 (5th Cir. 1983). c Even before Metromedia,
Maine's statewide ban of off-premise commercial highway
signs won the approval.' of the:.First Circuit but the
statute's effect on noncommercial spee~h -rendered it
unconstitutional. John Donnelly."&. Sons v. Campbell, 639
F.2d 6, 15-16 (1980), aff'd, 453 U.S. 916 (1981).
,~
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Conclusion:
Eugene McQuillin in his treatise on municipal law
states that "neither federal nor state constitutions prevent
a municipality from enacting anprdinance prohibiting
off-premises commercial billboards and requiring the removal
of existing billboards .after expiration of. a reasonable
amortization period." 7 E. McQUILLIN, THE LAW OF MUNICIPAL
CORPORATIONS 306 (1981) . Schertz's ordinance addresses new
construction thus amortization is not an issue. The
ordinance states that its objectives include prevention of
congestion on streets, overcrowding of land, .and
preservation of the natural environment, clearly substantial
governmental interests. The Supreme Court in Metromedia did
not require specific evidence of the link between the ban
and objectives. Any such concrete evidence, showing that
the ordinance directly furthers the governmental goals,
would nevertheless provide extra., security against a
constitutional challenge.
<~. .
NNK
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PUBLISHING CO. OF TEXAS
PUBLISHER'S
AFFIDAVIT
COUNTY OF BEXAR)
STATE OF TEXAS )
I Therese A. Neville
, -
, authorized representative of the
Herald Publishing Company, 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/Weekly/
Northwest Herald, a weekly newspaper ot general circulation
p~blished at Universal City, Bexar County, Texas, on the fol-
lowing dates, to-wit:
August 30_
_A.D.,
19 79_.
19-=Z_~.
cl'tuJ<. HI 0 n \.1\0 I \.I no. . _____
HERALD PUBL!S~~F TEXAS
before me, this .3.L- day of a,L~~t(, <l +
~~ i/h~}
Notary Public in and for Bexar County,
Texas
Subscribed and sworn to
ORDINANCE NO. 71-8-15
AN OROINANCE BY THE
PROVISIONS OF ARTICLE
1011a, REVISED CIVIl
STATlITES OF TEXAS, TO
REGULATE THE LOCA.
TION, HEIGHT, BULK,
NUMBER OF STORIES, AND
SIZE OF BUILDINGS; OPEN
AREAS. LOT COVERAGE;
DENSITY AND DISTRIBU.
TION OF POPULATION;
THE USES OF LAND,
BUILDINGS AND STRUC-
TURES; TO REQUIRE OFF-
STREET PARKING AND
LOADINGi AND FOR SAID
PURPOSES TO DIVIDE THE
CITY INTO DISTRIcrs OF
SUCH NUMBER, SHAPE,
SIZE ANn
CHARACTERISTICS AS
MAY BE ADVISABLE TO
CARRY OUT THESE
REGULATIONS: TO PRO.
VIDE FOR ITS ENFORCE-
MENT; TO PROVIDE FOR A
BOARD OF ADJUSTMENT;
AND TO PRESCRIBE
PENALTIES FOR THE
VIOLATION OF ITS PROVI-
SION,
p_. _edandadopled
thIa tile 2ht day <i -.
1"",
June G. KraWJe, City
Secretary I
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