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74-S-48- ZONING REGULATIONS ZONING ORDINANCE AN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DIVIDING THE CITY OF SCHERTZ INTO DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN, REGU- LATING THE USE OF LAND AND BUILDINGS, DESIGNATING OPEN SPACES, LOT COVERAGE, OFFSTREET PARKING AND THE DENSITY OF URBAN DEVELOPMENT, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1011a OF THE REVISED CIVI L STATUTES OF TEXAS, PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR A PENALTY, PROVI DING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Whereas Article lalla, of the Revised Civil Statutes of Texas, empowers the City to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and Whereas, the City Counci I deems it necessary, for the purpose of promoti ng the health, safety, morals, and general welfare of the community to enact such an ordinance; and Whereas, the City Counei I, pursuant to the provisions of Article 1 011f of the Revised Civi I Statutes of Texas, has appointed a Planning and Zoning Commission to recommend the boundaries of the various original districts and appropriate regula- tions to be enforced therein; and Whereas, the Planning and Zoning Commission has divided the City into land use districts and has prepared regulations in accordance with a comprehensive plan, specifically designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide ade- quate 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, and Whereas, the Planning and Zoning Commission has in all respects given reasonable consideration to the character of the land use districts and their peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughaut the City; and Whereas, the Planning and Zoning Commission has made a prel iminary report, and after due notice, has held public hearings thereon; and Whereas, the Planning and Zoning Commission has submitted its final report to the City Council; and the said City Council has given due notice of a publ ic hearing relating to the land use districts, regulations and restrictions, and has held such public hearing; and Whereas, all requirements of Article 1 Ollf of the Revised Civil Statutes of Texas, with regard to the preparation of reports, public hearings, and notice, have been met by the Planning and Zoning Commission and the City Council; Now Therefore Be It Ordained By The City Council Of The City Of Schertz, Texas. CITY OF SCHERTZ, TEXAS TABLE OF CONTENTS PAGE ARTICLE I USE, HEIGHT AND AREA, PARKING REGULATIONS Section 1 Section 2 Section 3 Section 4 ARTICLE II ENACTMENT Section 5 Section 6 Sect ion 7 Section 8 Section 9 Section 10 Section 11 ARTICLE III AMENDMENTS Establ ishment of Zoning Districts Use Regulations Height and Area Regulations Off-Street Parking and Loading Requirements 1 1 18 25 Short Title 30 Adoption of Legislative Grant of Power 30 Severabi I ity of Parts 30 Compliance Required 30 Zoning District Map 31 Rules for the Interpretation of District Boundaries 31 Annexed Territory-Temporary Classification 32 Section 12 Changes and Amendments 34 ARTICLE IV ADMINISTRATION AND ENFORCEMENT Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 ARTICLE V DEFINITIONS Administrative Provisions Regulation of Non-Conforming Uses Board of Adjustment Enforcement Violations and Penalties Enactment 39 42 43 47 47 48 Section 19 Definitions 49 ARTICLE VI EFFECTIVE DATE Section 20 Effective Date 58 ARTICLE I Section 1 ' Section 2 USE, HEIGHT AND AREA, PARKING REGULATIONS Establishment of Zoning Districts 1.1 For the purpose of this Ordinance, the City of Schertz, Texas is divided into eleven (11) zoning districts as follows: District Symbol PD R-l R-2 R-3 R-4 MH OP NS GB M-1 M-2 Use Regulations District Pre-Development District Single Family Dwelling District Single Family Dwelling District Two and Four Family Dwelling District Multiple Residence Dwell ing District Mobile Home Park District Office and Professional District Neighborhood Services District General Business District Industrial District-Performance Standard Group A Industrial District-Performance Standard Group B 2.1 Classified Regulations: In each of the Zoning Districts establ ished under Article I, Section I, land and building may be used for any of the purposes given in the following Schedule of Uses. No building or structure shall here- after be erected, altered or converted or no land used which is arranged or designed for a use other than those uses spec i fi ed 0 Symbols appl icable to the Schedule of Uses are: ,71 I I I s I Designates use permitted in district so marked Designates use prohibited in district so marked Designates use may be approved in the district so marked when in compl iance with the Specific Use Permit provisions established under Article I, Section 2.2 2.1.1 I \2.1.01 Designates that use is subject to regulation as set forth in the written provisions which follow and supple- ment the classified regulations. 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 determ- ination of any new or unlisted form of land use shall be made as follows: a. The Building Inspector shall refer the ques- tion concerning any new or unlisted use to the Planning Commission requesting an interpre- tation as to the zoning district into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts I isting the nature of the use and whether it involves dwell ing activity, sa I es, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment trans- portation requirements, the amount of noise, odor, fumes, dust, toxic material and vibra- tion I ikely to be generated and the general requirements for public utilities such as water and san itary sewer. b. The Planning Commission shall meet with the parties of interest and shall consider the nature and described performance of the pro- posed use and its compatibil ity with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted. c. The Planning 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 sha II by resol ut ion approve the recommenda- tion of the Planning Commission or make such determination conceming the classification of such use as is determined appropriate. 2 I I .. . I.j I ~ ~ I J I.J I- ll.. SCHEDULE E 1 ~J )11 :ill! "; .f~.. .!~.. I.. 11:g ~u ~ 1.. 1~:g Q,- u \ ill · J U U U ~ ~ DF USES . - U . - J! ;=i U - _,i !- j '?i -=i a.";l fe~ Ii: ~ i.!: ~ ~t_ 1t~ . .!I ClJo 11", . . c:~_ G- o 0 z"'o .s..'" .to ;;;00 ;;; 0 ......0 00 .ymbal PD R.1 R.21 R.3 R.4 i I MH OP NS GB ' M.1 M.2 AGRICULTURE USES -- Aplculturwl j J J J j J F..... c..,. A8r1culturwl j J J J J J AnI_I~ --- F_. -..c:h. or J j j J j j Orelwd New.... lftc:heduled AgrIculturwl U- 01 "-'ided _ __ Section 2.1.1 'RIMARY RESIDENTIAL USES 0... F_1y Dwelling j j j j j j j o.e.ched 0... "-11y Dwelling J Attached (T -. Ho...) J J J (See I'rovhlons See:. 2.1 .2) Two F_11y J J J J Dwelllnp Multl-fallllly (Apam-.t) J J J J Dwelling I'Ianned "ldentlal Utlt D..,.lopment j J J (See "-1s1_ See:. 2.1 .3) ........ or Ilaaonlng J J J ..... Hatel or MDt.1 S J J ~1._.1 Hotel ----- - Maltll. "- .j (See "-1s1_ See:. 2.1 ..) New.... u..cheduled ......tlal u.. 01 "-'Ided J J J J J _ under Section 2.1.1 ACCESSORY AND INCIDENTAL USES -~- I Acc-.y Building j J J J , j J J J J J ......tlal J F_ Ace....,. J s s I I S J 'J IuIld1ng I i ; , I pege 3 SCHEDULE DF USES .ymbol ........ Occupatloro Off Sf.- .....1.. Inc~1 to MDI" u.. s..-.t _ Cor.Iak_ a-t_ ~----._- Sac: ial and Recreatianol Iul kl1.. Swl..;"ll I't>ol ("'I~) T........-y Fi.1d _ Comtructian Ofroc. (See I'rewisions See. 2.3.3) New and u...:heduled , Acc--, and I ncidento I Uses \/ .. "'-kIed far unci<< See:.2. I . 1 ~~---- Airpart. Heliport or Landing Field Churc:h/llec:tory Civic C..... c...-JMar-tery Day Nunery I Kl""""'", _. - F ratem ity or Sorority. Lodge 01/' Civic CI.... (No li.-) ........ far Alcoholic. Norcotic Dr ~hlatrlc Pati~ ~I (Ger....1 ~.... Care) ~tol Chronic Car.) ....Itutions of IlaliglOUl or "'llonthrooic NaMe 1 . > - . u 9"E .li5 PDI v J ~ E ~ ~- . = J! ~l! ;;;00 R.1 J J / V J J s J IJ s s s s ~ E ~ ~- .= j! ... J: ~~i5 p ~=i ... . lc;.t 0- _ o E ~ . 0- 0-...0 J j .! ~.. : 0.= u I - . ~ ~~~ i R.4 i R.2 I R.31 J J J s J J / V J J J J J J J I :x: .! t I. :s -i! ~ .~cfo MH J J J J J J 1]_ )... "ii3i :: I ~ ...!! -i .i C ~ :::--.. -.~_1i .w o~~ zJo c>~i OP NS GB J J J J J J J INSTITUTIONAL AND SOCIAL SERVICE USES s s s J s JV J ,J J s S : S s --- I J J J J J J y" J J s s s I s ! I 1 J J J J J J .j J J J J J J s J J j J j J J s J J j j J V J s J J .j I J J I I !~i I]-j .2'1 .2 1! i~c 1 i ]~Jl ]~Jl : M.1 M.2 J J J J j J J J J -- j J - J J J J peg. 4 BCHEDULE DF USES .ymbol LINwy, Art Gallery, Mo-. ~ I'IAtllc A.hlnlmatIOll 0fIAc_ ..w.nc. ..... far Apd --- Schools, """"'.0 College, U.1~1ty Schools, Nollc or I'toroch;.,l New ond Uwcheduled Inotltutl_1 ond Special s.vic. u.. .. Provided far ...... Section 2. 1 . 1 Electrical s.A.tatlon Electric Pow. G.nerating I'tant Fire Station Gas T _i_ion and Metering Station ~al Utility Dlsttibution U.... 1bI1o, T .1.,,1,lon or Micra Wave T~ -- -- Radio or T.I...i, i on Trans- ml tti"9 Station 0 Com...., cia I Sewerage Pumping Station S--.,. T,~ Plant ltail.... TnlCk. and Iltght-of-Woy I .. ~t 9i . .. .co ~ E a .. ~ c_ .= ~ 0.. i ~~o 0l:- E a .. ~c:_ .=~ -- .. ...- ~J2i PC I R.1 i R.2 I s s s s s s I V s s ./ s J . s s s -~ - s ~l j I, ~ I J -00_ .!g'_1 c >- u ~- u :~i :==ii .!J!c5 :lJc5 1 R.31 I I I R.4 : ../ s I s ; I I I ~ .: 11.1 1.. I ~~i ! ~~i II ..,i 1.cfo 'O.cO z"'o I MH DP' NS : i J UTILITIES AND RElATED SERVICE USES s s I s s s J J s i S J s s s s :J I s s S I S ----- ~------r- vi 1../ Iv' S v' S I V S S J -,- J I J I s S S J S S s 1 ; S S J S s v' S v J J J J J j J J J J ;1] i c: .. ,~ !! ""..,0 GB J J J J J J -- ----- --~--- -- J S J s J s s S v' Iv' i S J I ! : s S J J J J J J S J J V S s J J I i ~ .. · -.t I.t oie> Oue> :2 "'2 :2r"'2 ~ .R J:1l~ !_ C! !_ c: ]~& ]~& M.1 M.2 J J J J J J J J J -- J ----- -- J -- J -- J J s I S J - -- ---- f-------- S I S S ,j J J J J .J -- J v' v vi S .j J J peg. 5 SCHEDULE OF USES .ymbol lIailraad T _ Track Freight 0.,.,. T .......... ...1.... Offic. T .1........ bchang. Switch- Ing Relay and Transmitting Equ;poMnt ~-- Utlllti_. PlA>IIe 01 "I-.ate at+- tt... lilted Utility st...,. 01 Storage; y.... and Bui 1eI1... Wat., T reatm.>t ....... W.....--II. R......,i, ",-,"ng Stat ion 01 Storage ~ ~-lMl~heduled Utility and Related Service u.. .. Provided for under Section 2.1.1 -- Am_t. C~ial Outdoor - Indoor ea...t.y Club 0"", Strip Fat........ -- - ---- Partr jPIaygro....d ~i mllar PlA>lic Sit. ",..... Club PIA> lie Rec:..lon Cent., ---- "'-.at. T ...nh/Swlm Club New andlbc:heduled Entettal_t and Rec:r..t- I_I u.. .. Provided for und. Section 2.1 .1 I .. ~u 9:; . . ~o PO ~ E .2 ~_ . - u ...::;:; ~~E , R.1 I I S I s s s s S i S I S s s S , .j s s S S . S S S s , V s s 2' j ~ ~~ 'i E ...~ ~ .2~_ ~ _ .!~_ . = ~ 0 ~2 E-: ~ I Ct. ~ 0 E -S ~. Z j ~~E .!.2o ~~i5 i R.2 . R.3 ! R.4 : i ++ S s S S s S S s S S s s s ! I s S I I I \J 1.- _ u , :s ->< :; ~~5 MH I H311j] " !E~i! .~i o.co, ZV'lO ! OP NS J J S J J s s 11~ i E 1; ClJo GB J J J S J Iii lil ~jl ijl ]~~ ]~~ M.1 M.2 S S -- -- -- ----- S I S S s S ENTERTAINMENT AND RECREATIONAL USES s ! V s JIJ : I J I s J S J s S I Iv s s ! s s s :J J I V J J J JIJ J J J / V .j !J , J s S Vi s .J J J J .j J J .j .J J J J / .J J -- --- J J -- J J - J J J J J J ---- v v' J J J J v .J S S I V .J .J J J J J .J J J v' I V page 6 . I 1; ~ I.i 1 !' j I !.l ~ ~ ~~ I SCHEDULE e E ... . J 11.. :ill! :ill! "i of !'.. o ClO 1~ OU\ ~!'.. :J: I.. ll~ ~u ... e .. a.= U I \ . .. ~IJ! uJ! ~~"' JjJ .= .!! . - u _ u DF USES 9i -a.:;i 0-- =."E 11~ .1i i.5 ~ -a."i ~ o -e .t lE-~ ... ~ 0 . . .5J~ ~J5 ~ .,.~ ~J5 010 C)!- ;L.:n .co '" 0 ~...o z"'o _0 .ymbol PD R.1 R.2, R.31 R.4 MH OP NS GB M.1 M.2 AUTOMOIllE RELATED SERVICE USES Auto ~ J J J J Auto Sal_ and Ilapalr J J J J (In "lldIng) - Auto Sal_. New or Used J J J J Car Lot (Open l ..- Auto ,,"Intlng and J J J leidy Shop GaIoII... Servlc. J J J J Statl... C-Clal S J J J J ParI< Ing Lot or Struc:ture. Auto ---. -- ParI< Ing Lot - Truck J J J SlOrage Sal. N_ Auto Pam. J J J J In Building Sal. and S.-vlce N_ and Used I J , J Auto Ace_l_ and Pam. V In Building Seat C".,., or MuffI.. J J J Inltallatl... Shop Ti,. Retr.ading and i J J Capplng W-=king or Sal""",. Yard S far AufaI or Pam r--- -- .--- . New and lbcheduled Auto- I .....11. Related Service Us. J J J _ I'tovlded for unci.. Section I 2.1.1 RETAil AND IUSINESS SERVICES Antique Shop t- J J J J J M S~ Store J J J J J Anl_' Clinic or Pet I J .j J ;J HClIftital (No Ouhid. P.nal I , I I : I page 7 SCHEDULE OF USES .yrnbol Ian!< or Savl.,. and t.- Offlc. .... and Slat...., Stare ....... and '-uty Shop ~ IaIcery ,A:-fectionewy Shop (....11 Sal.) CaNt.Ia,.t.N.-.. c- Shop CI_lng Shop,ll..ntry CI_ing/lAJ...dry I'Ick~ Station CI_ing/lAJundry Self Servic. Shop Clinic Medica l;t)entat Drug StareJl'l-mac:y O...-t Stare/ DIsc:OUIIt House Gn.cery Stare ~ - --~- F....It'"/~Ianc:. Stare Florist Shop Garden Shop and Plant Sal. Hanclc:roft and Art Ob J-c:t Sal. He"'-'- Stare I -; - II 1II >.. lu.e~ 92 I.!=~ .i ~;:; .co ;;;00 PO I R.1 1 J ~ ~= - E ...1 J ~~_ ~0_'1.!~_ ~=~ i~~ ~=~ I -.. oe- --- l~o!! ~ IIO!! ~ ~.!! I ",00 ' ......0 i .coo R.2 I R.3 ! R.4 ~ ++ --- IJ I - - _ u :g~i ~...o I 11_ l._ _au iu.!t e't>i .1i o.co i z",o MH I OP , NS - -r--~ J J J J J J J J j J J J 1.~ i1"E oJi3 GB J J J J J --- -- -- v J j j j J j J .j j J J J 'j j J j J j J J J j J J J J~ J I 1 t ~ 1 :I.... .z.... ~ l!!0 ~ iO .i1l1! .i 1! J:E-8 J:1l-8 !~c !_c ~i2 l?_2 _LV"J I _LV" M.1 M.2 v j -- - J J J J J J J J J J J J J v -- J J J .- J .J -- j -- J J -- v' J J j -- J J J J J j -- ,J J psge 8 r SCHEDULE DF USES symbol HaIIby Shop Kay Shop Labanrtary, Medical '" 0-..1 >--- - L.tt_!Mlrneagraph Shop - Medical Af1plianc_ Fitti"lland Sala ~- Mom.wy Offic., ,,",_ianal/ G.nen.1 ...i.... ____u_ Optical Shop Package Store Pawn Shop PlOt Shop - S....II An i....ls, Ilrda;fish P.nonal Ctatom Servlca such as Tail"" Milliner, related Retail Shapa, Apparel Acc..- sari_, Gifh and Simil", c-'t_ -.- ---- llepair of Af1plianca, T. V.. Iladl.. and Similar EquiP"*" Shoe IIepa ir ~-- Signs ...,_ ~-_.. Signs, IlIIboard/Adwrtill"ll Sivns - I'D'. Type not .xc....ing 64 sq. It. On Iy .......... Fac. 1 .. I ~ u 9~ i l;5 ! ~ e .2 ~_ .= .!:! -- ~ 018_ e J: ~ Vioo ~ e .2 ~_ 8 - u Q~~ ~~c5 :/ 2= ... I o 1~~ o E ~ ~ ".- ......0 j J ~ ~- :f~ ~ I! ~~c5 PD R.1 R.2, R.3 ! R.4 I s i I I I I ! I . . I IJ I~ ] I~-t~ 1~.eO I I 1]"1]'" ~i~il~~ c:"'il-i>'1o _0 _,__ ooto.Zv>O ;1] i c ~ .~! ~ ",..0 MH I DP I NS GB I i j J J J J J J , V J v I V J J i J J J J J J ..j J J ..j J J v' J j J J J v J J J .j .j J J J v' I .. .-( .. . U i ~;J ~~J "~l! .i~~ ~Jd i~~ ]~& ]~& M.1 M.2 J J J J J v J - J J J -- J J v V v J V J V J J j J v J J J J .j J I V / V J J -- J :v' page 9 I SCHEDULE DF USES .ymbal s..... Chun:h and Sc'-I S..... "I &Nt. SIAl \q,2.4& Studio. ..._....._. Artist. Muolc. Dra_. Done. -- Studio. Health. Il.duc Ing 01 Si...11ar Servlc. Studio. Decorator and Display of Art Objech T_ Travel a- 01 C-ltant Veterl_lon. Offic. (No .....i_1 Hoopital) Vori.ty Store New and u..cheduled Retail and Ilwin. Servic. as Pro- vWed for under See. 2.1. 1 Ilabry. Whol....t. Building Materia I Sal. ~ --- Cabinet or Upholstery Shop Clothing Manufacturing/ SI...llar light Manufac:hrlng P'roc_ CI_Ing. Oy.lng,Aaundry 'Ian. C~llll ~---- Contracton Storage / Equlll"*'f Yord Danc. Hall! Night CI.e l f f ~! II .. 1.22'. .22'. ~~..I.!go.1 ~ u . - u c >- U I' Q..: U 9~ 17.~-E Q~-_~ ~ii ~li I !o~ cJ-.E~ Jo': ~o~o- ~ l~oC ~oo ~~o I < j PO I R.1 ! R.2 , R.3 , R.4 I J J J v J J :; J J J i r ! I I ! t- - i I s I I I I I 'x: I~ ] 1:S-tj i~J?O I :JJ L. I uJi I ,g.~i eo~ .I~ Octo z~o I MH I DP NS I 1 J r V I , COMMERCIAL AND RELATED SERVICE USES n_ _____ I ! J J J J s s s J J J J ---- J J .J J J - j pit I c:: ~ is:! ~..o GB v J J J J J J J J v y' J v J J V J J I.i ~~j ~!l ~!l S'tC !_c ].lJ! ]~J! M.1 M.2 J J ---- J J J J J J J -- J J J J J J J' v J J J J J .J J J J ------ J J .J .j peg. 10 .CHEDULE DF USES .y",bal Dn..-tn n-t. "-vy MDchI~ Sal. SIwage ..,... l. ..1"'7' Manufactwlno _. IAIi ..1"'7' SCI.....iflc . -...ch Utt-_....._ .......Int Shap M.lnterw>ee and R.po" Service MI", Depot. DaIry /lee c.- ......t Open Starage and Sale of F.... iture. AppI lanee and MachInery !'alnt Shap PI......lno Sho,>> Ilallroadt'w "--'ver StatIon s..ag. Warehowe T......ft:_Ial Sc'-h ---- --- T..II. and Mabile H_ Sal. ar "'tal Only T.... Storage and ...... T_lnal Vet.t_1an Haspltal ar K_I (O....lde .....) WeleRno ar MachIne Sho,>> WhaI_le Offlce s..ag./Sal. I .. ~u 9"E . . .to ~ E .22'. . = J! -- ~ aoe. ~~c5 PO i R.1 I ~ 1 ... 2'. . = J! -- ~ 2';:; ;;;00 R.e , 2= ... t ..,0 c >- U 0-- o E -= J 0- __...0 R.3 1 i I - ------4-- f-- -~-- j J ~ 2'. a.= U I ~"i~ :> J . ~oo R.4 ! IJ I..! U =8-fi ~2o MH I 11. 1 e.u !~ u - -- e~i .. ,i o.to ZonO : op' NS J Ii] i.E ~ ... ! ~ ,-,...0 GB j v' J J ---- j J J J J J J J- J .i <( ~el ~i~ !_-f "'.2 ..EL'" I t t oe~ :il~ ~g-8 !_ c l.!& M.1 M.2 J v J j J - J -- J J J J J J --- J J J ~ J J J J J J J J J .J J J J J J J J J J :.J page 11 I . 1 J I 1 j II! >- ..to ~:; ,: J I 1]. SCHEDULE . 11,. E ... ~ I .2 ,. 0 .! ~. I.! 11~ ~t 1~~ . OF USES . =.2 .= u ..!-=~ I u . ~ u 0.- -- ~ ...1: . - ~ I I 1~~ ~ i -1!: i-. I :: 18.. o e 1i - .. . . . . s-.!! ~~c5 ~ 0- :> ~ .. , ~Ci z""Ci ~Jc5 eto 1""00 ......0 ~oCi .ymbol PD I R.1 I R.2 R.3 ! R.4 ! MH, DP NS I GS New and lhc:heduled ! l '-Ial and Related L I S Servlc. u.. CII Provided I I r- ....... Section 2. I . I I .. <C ... . JI. t JI. t ~ -Id ~ i~ 3 1 o9~1 ~.!1 !'iC: ] ~J, ]..~ M.1 M.2 j J -- I NDUSTIlI AL AND IHATED USES Light Manufactwing Proc_ (See ProvisioN Sec. 2. I .5) --- -- Any Monufuc:t..ing. Industrial Storege or Alserri>ling Proc_ rMJt ~ibited bv law (See I'ro.i..ions Sec. 2. I .6) 1 I T .J J ! J ! --._-~ FOllOWING USES 'EIMI TTED IV SPECI AL USE 'EIMI T ONLV -- ........ or Cone... leh:hing ....... r- -- s s....,. of Shell Spall, s-t and Growl s s C_ial ExtTaction of Sail, s-t. and Grav.l s s Wredcing~l..... Vard s -- ----- -~- I -- j ; ! I , I ! I I paga 12 2.1 .2 Town Houses: In those districts where town houses are a permitted use, the Building Inspector may issue a building permit for the erection of town houses, provided that the development conforms to the following minimum conditions and require- ments: a. Minimum Site: The minimum gross site area for a town house development shall be 15,000 square feet. In determining compl iance with th is provision, no port of a lot shall be counted unless it is of such size, shape, topography, and loca- tions as to make it usable for individual town house lots, common parking or recreation areas, or necessary pedestrian ways. b. Off-Street Parking Areas: If the required off-street parking facil ities are not pro- vided on the individual town house lots, they shall be provided on common areas, located within 200 feet of each lot so served, measured along a route of pedestrian access. c. Common Recreation Areas: Town House Developments providing for more than ten (lO) integral un its shall provide at least 600 square feet of common recreation areas per town house lot; the minimum size of any common recreation area shall be 6000 square feet and the minimum width sixty feet. Each required common recreation area shall be with in 300 feet of all the town house lots it is intended to serve, measured along a route of pedestrian access. Each requ ired common recreation area shall be approxi- mately graded, turfed, surfaced, or other- wise landscaped and provided with suitable drainage and recreation facil ities. Pedestrian ways and swimming pools may be included as part of the required common recreation areas having the required minimum 13 width, but off-street parking areas and service drives may not be in- cluded in such areas. d. Recreation Areas - Ownership and Maintenance: For any land or facilities to be used in common by residents of the development, provisions shall be made for the establ ishment of a property owners association to own, manage, and maintain such common facil ities. e. Public Access: Each individual town house lot shall abut on a public street. 2.1.3 Planned Residential Unit Development: It may be desirable that many properties in the City be de- veloped in accordance with site plans prepared and approved in advance of development. To encourage such planned unit development, regulatory provisions are provided as follows: a. Use Provisions: Whenever any property is designated as being within the Planned Residential Unit Development, the following types of uses may be authorized: (1) Housing development consisting of any combination of dwelling types on tracts of five (5) acres or more. (2) Uses permitted in the NS, Neighborhood Service District, on tracts with a minimu area of two (2) acres and when an integrc part of a Planned Residential Un it Development. (3) Recreation Center. (4) A combination of any of the developmen1 I isted or other uses permitted in the zoning districts corresponding to propert) on the Zoning District Map. 14 2.1.4 Mobile Home Parks: Mobile Home Parks as defined in Article V, Definitions, may be establ ished provided the development conforms to the following minimum conditions and require- ments: a. Minimum Site: The minimum gross area for a mobile homes pork development shall be 40,000 square feet. In determ- ining compliance with this provision, no part of a lot shall be counted unless it is of such size, shape, topography, and location as to make it usable for individual mobile home lots, common recreation areas or necessary vehicular or pedestrian ways. b. Common Recreation Areas: There shall be provided within the Park at least 600 square feet of common area per individual mobile home; the minimum area of any common recreational area shall be 8,000 square feet, and minimum width of any such area shall be eighty feet. Each re- quired common recreation area shall be within 300 feet of all the mobile homes it is intended to serve, measured along a route of pedestrian access. Each required common recreation area shall be appropriately graded, turfed, or otherwise landscaped, and provided with suitable drainage facilities. c. Accessory Commercial Use: In a mobile home park containing at least 100 dwelling units, there may be provided for the convenience of the residents of the pork accessory com- mercial area, provided the commercial area meets the following conditions: (l) The gross floor area devoted to commer- c ial purposes shall not exceed six square feet for each mobile home site in the mobile home park development. 15 (2) No commercial parcel shall be closer than 300 feet to any property in a R-l or R-2 Dwell ing District outside the development. (3) Any commercial parcel shall provide only uses permitted in the NS, Neighborhood Service District. No illuminated signs shall be visible out- side the premises. do Other Regulations: The development shall conform with the Mobile Home Ordinance of the City of Schertz , Texas and all other applicable city and state regulations. 2.1.5 Industrial Performance Standard Class "A": 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 and which do not generate noise or vibra- tion at the boundary of the M-l Industrial District zoned lot which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas and including: a. Woodworking and planing mill with dust and noise control. b . Textile manufacture with dust and odor control. c. Ceramic and pottery manufacture with dust, odor and fume control. d. Plastic products manufacture with dust and fume control. e. Paint, oi I, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process. f. Grain processing with hoods, dust and odor controls. 16 2.1 .6 g. Manufacturing or industrial operations of any type which meet the general conditions set forth above and which are not offensive by the reason of emission of noise, odor, smoke, gas, fumes or dust. Industrial Performance Standard Class "B": Any manufacturing, industrial servicing or storage pro- cess not prohibited by law, upon approval by the City Council in accordance with the specific Use Permit procedure established in Section 2.2. 2.2 Specific Use Permits: 2.2.1 2.2.2 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 procedure prescribed under Article III for amending the Zoning Ordinance, and after recommendation by the Planning Commission may authorize the issuance of Specific Use Permit for zoning spec ific uses set forth in Section 2.1 in the Schedule of Uses (Article I, Section 2.1) when situated within the Zoning Districts identified within the schedule. Development Standards Required: The Planning Commission in considering and determining their recommendation and the City Council in consider- ing 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 0 The Ci ty Counc i I may in the interest of the public welfare and to assure compliance with this Ordinance, establish conditions of operation, loca- tion, 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 develop- ment 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, ex- plosion, glare, offensive view or other undesirable or hazardous conditions. 17 Section 3 2.2.3 Temporary Construction Buildings: Temporary buildings and temporary building material storage area to be used for construction purposes may be permitted for a spec ified period of time in accord- ance with a permit issued by the Building Inspector and subject to periodic renewal by the Inspector for cause shown. Upon completion of abandon- ment of construction or expiration of permit, such field offices and buildings shall be removed within thirty (30) days, or at the direction of the Building Inspector. 2.2 .4 Temporary Development Signs: Temporary develop- ment and promotion signs not exceeding four hundred (400) square feet in area may be erected on private property. The Building Inspector shall control the location and duration of such sign use to assure that the occupancy and use adjacent lots are not interfered with and that no safety hazard is created. Such spe- cial development signs wi II be removed at the direction of the Building Inspector after completion of the development of ninety (90) percent of the project advertised. Height and Area Regulations 3.1 Schedule of Height and Area Regulations: Except as hereinafter provided 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 regu- lations specified in the Schedule of Height and Area Regulations for lot areas, lot width, lot depth, dwelling unit area, front, side and rear yards. 3.2 Special Height and Areas Considerations: 3.2.1 Height: In the districts where the height of buildings is restricted to thirty-five feet or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade I ine of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of side and rear yards 18 Section 3.1 Schedule of Height and Area Regulations DIStrIct Symbol District and Types of Uses Maximum Height Minimum Lot Areo Width Depth Speciol Reference Yards. Front Rear Aggregate of Side Yards Either Side PO ~Delvelarment: ricu tura , Single Family 35 feet 20,000 100' 200' 3.2 25' 20' 20' 7' Dwell ing, Accessory Uses R-l One Family Dwelling: 35 feet 9,600 80' 120' 3.2 25' 20' 15' 7' One Family Dwelling, Accessory Uses R-2 One Fanfily Dwelling: One Family Dwelling, 35 feet 7,500 75' 100' i 3.2 20' 20' IS' 7' Accessory Uses R-3 Two and Four Family Dwelling: One Family Dwelling 35 feet 6,000/U 60' 100' Two Family Dwelling 35 feet 3,500/U 70' 100' AI,S2.1.2 TownHouse 35 feet 3,000/U 30' 100' 3.3 Four Family Dwelling 35 feet 3,000/U 100' 120' 3.3 R4 Multi Familr. Dwelling: Single Fami y Dwelling 35 feet 6,000/U 60' 100' 20' 20' Two Family Dwelling 35 feet 3,500/U 70' 100' 3.2 20' 20' Town House Dwelling 35 feet 2,500/U 25' 100' HI' 3.2.3.(3} Multi Family Dwelling 35 feet 3,000 '90' 100' 20' 3.2.d.("} Accessory Uses MH Mobile Home Park: : Mabile Hames, Accessory, I Commercial, 35 feet 40,000 1200' I 200' Conformance with provisions of Article I , Secti on 2.1." One Family Dwelling I OP Office and Professional: Some Dwelling Un its as R-4 35 feet Residential Uses Some as for R-.4 District 20 3.2.3.(2) 3.2.d.(S) District Office and Profes- 6,000/U 60' 100' sional Uses and Buildings, Florist, Studio, Hotel, etc. NS Neighborhood Service: No Dwelling Units Permitted Convenience goods for 35 feet 20,000 .(5' 3.2. (2) 3.2.d .(S) local residence Professional Services GB General Bu.iness: No One-Family Dwelling 35 feet R..idential Uses same 3.2.3.(2) 3.2.d.5 Uses Perm i tted as for R-4 District Retail Stores, Restaurants, Primarily Related to Multi Family Uses, Filling Stations, Auto Sales 60 feet and Service, Carpenter Shop, (1) Nan-Residential Uses and Established Building Lines Wholesale, Storoge and Similar Uses M-l Grou~"A" Industrial: No elling Uses Permitted 35 feet 10,000 100' 100' 3.2.e.(2) 3.2.d.(S} Light Industrial Uses M-2 Graup "B" Industrial 20,000 100' 200' Intense .S.. Provisions Section 3.2 for Special Height and Area Regulations applicable to all Districts. See Section 3.2.d.(6); Section 3.2.e.(4) for regulation of Accessory Building. 19 b. Procedures: (1) A site plan setting forth the uses to be incorporated into the Planned Residential Unit Development shall be approved and filed as part of Ordinance. The provisions of "Article III, Amendments", shall govern the review and processing of each application for a Planned Resi- dential Unit Development. (2) Such required Site Plan shall show the provisions for ingress and egress to the property, access from a publ ic street, number and density of housing units proposed per gross acre, side- walks, utilities, drainage, parking space, height of building, 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 Commission may recom- mend and City Council impose condi- tions relative to the standard of development and such conditions shall be compl ied 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 approval of the zoning use, but shall be construed as conditions precedent to the granting of a Certificate of Occupancy. (4) Site plans submitted for consideration under the provisions of sub-section "(3)" may be altered or amended with approval of the Planning Commission, but any change in the development shall be con- sidered an amendment to the Zoning Ordinance and shall be processed in accordance with Article III. 20 for each foot that such structures exceeded three (3) stories. 3.2.2 Lot Area: a. Lot of Record: Where a lot of record at the time of the effective date of this Ord- inance has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may be used for a single family dwelling or for any non-dwelling use permitted in the district in which it is located. b. Mixed Use Building: In a building serving mixed dwell ing and other uses, in any dist- rict, the height and area regulations appl ic- able to non-residential buildings shall apply, except the minimum lot area per unit as speci- fied in Section 3.1 Schedule of Height and Area Regulations shall be provided, as re- quired for residential bui Idings. 3.2.3 Front Yards: a. Where the frontage on one side of a street between two intersecting streets is divided by two or more Zoning Districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other. b. Where a building line has been established by plat or ordinance and such line requires a greater or lesser front yard setback than is prescribed by this Ordinance for the district in which the building I ine is located, the re- quired front yard shall comply with the building I ine so establ ished by such ordinance or plat. c. 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 21 3.2.4 may project into the required front yard for a distance not to exceed four (4) feet and subsurface structures may not project into the front yard to a height greater than forty (40) inches above the average grade of the curb at the front of the structure or when no curb exists to forty (40) inches above the average grade of the property line. Where no front yard is required all stairs, eaves, roofs and similar building extensions shall be located behind the front property line. d . If th i rty (30) percent or more of the frontage on one side of a street between two inter- secting streets in any Residential District is improved with buildings prior to the effective date of th is Ordinance that have observed an average front yard I ine with a variation in depth of not more than six (6) feet, then the average front yard so estab- I ished shall be observed. e. In a Planned Residential Unit Development, the following front yards shall be provided: Permitted NS Neighborhood Service Use - Forty-five (45) feet, except drive-in service buildings and gasoline service station pump islands may not be located nearer than sixteen (16) feet to the front property line. Housing Development - Twenty (20) feet or as specified in Amending Ordinance. Side Yards: a. 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 pro- jecting not to exceed twelve (12) inches into the required side yard, and roof eaves pro- jecting not to exceed forty-eight (48) inches 22 into the required side yard, except that no projection shall be permitted closer than twelve (12) inches to a common property line. b. Multi family dwell ing not exceeding three (3) stories in height including dwellings located in a Planned Residential Unit Development shall provide a minimum side yard of ten (10) feet between any building wall containing openings for windows, light and air and any side lot line. Where a building wall contains no openings for windows, light or air, a minimum side yard of five (5) feet shall be provided between such wall and the side lot line. c. A one family attached dwelling (Town House) separated from another such dwell ing by a fire or party wall need not provide a side yard except that no complex of attached one family dwell ings shall exceed three hundred (300) feet in length. A minimum required side yard of seven (7) feet shall be provided at the end of each one family attached dwell ing complex so that the end of any two adjacent bui Iding compl exes sha II be at I east ten (10) feet apart and provide access between such building com- plexes for fire and other emergency service. d. No side yard is required for non-residential use in the OP, NS, GB, M-l, and M-2 Districts except where a office, retail or industrial or other non-residential use abuts upon a district boundary line dividing such districts from a residential district in which event a minimum ten (10) foot side yard shall be provided on the side adjacent to such residential district. eo Accessory buildings as permitted herein may be allowed in required side yards, provided, how- ever, that no accessory building may be closer than ten (10) feet to any main bui Iding on the same lot, nor closer than three (3) feet to a common property line. 23 302.5 Rear Yards: a. In any district permitting one family attached (T own House) dwell ings no rear yard is re- quired where the rear wall of a dwelling structure is attached to another dwell ing structure provided that all such one family attached dwellings structures have at least one side of each building exposed to a publ ic street or officially approved place or court and provided further that where interior courts are used for access to I ight and air such courts provide the minimum required open space (See Section 3.3 Court Standards). b. In the OP, NS, GB, M-l and M-2 Districts, no rear yard is specified for non-residential uses except where an office, retail, commer- eial or industrial uses back upon a common zoning district line, whether separated by an alley or not, dividing the district from any of the residential districts listed herein, a minimum rear yard of ten (10) feet shall be provided by the non-residential use. c. Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for accessory buildings as permitted and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to ex- ceed four (4) feet into the required rear yard. d. 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 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. 3.3 Court Standards: The minimum dimension and area of outer or inner courts provided in buildings occupied for dwelling purposes shall be in accordance with the following provisions: 24 Section 4 303.1 Outer Courts Residential Structures: For residential structures, 35 feet or less in height, any outer court which is used for access of I ight or air or which may be used for emergency access purposes shall have a minimum width equal to the depth of the court but the width of any such outer court need not exceed twenty (20) feet even though the depth of the court may exceed such dimension. 3.3.2 Inner Courts Residential Structures: For residential structures 35 feet or less in height, any inner court wh ich may be used for emergency access purposes shall have minimum dimensions in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court; but neither the width or length of the base of such inner court need exceed th irty (30) feet, even though the height of the enclosing walls may exceed such dimension. Off-Street Parking and Loading Requirements 4.1 Schedule of Off-Street Parking Regulations: (See attached schedule.) 4.2 Provisions for Determining the Number and Location of Parking Spaces: 4.2.1 In computing the number of such parking spaces re- quired, the following rules shall govern: a. "Floor area" shall mean the gross floor area of the spec i fi c use. b. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whol e number. c. The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Board of Adjustment. do Whenever a building or use constructed or establ ished after the effective date of this Ordinance is changed or enlarged in floor 25 Schedule of Off-Street Parking Regulations Schedule of Off-Street Parking Regulations: Except as hereinafter provided, no building or structure or port thereof shall be erected, altered, or converted for any use permitted in the district in which it is located unless there shall be provided on the lot or tract, on an immediately contiguous lot or tract or within the distance specified under Section 4.2.2 of such building or structure vehicle parking in con- formance with the following schedule. Type of Generator Unit Minimum No. of Spaces Per Unit One and Two Family Dwellings Multi Family Dwellings and Townhouses Room i ng or Board i ng House 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 Theater or Auditorium (except school) Sports Arena, Stadium, or Gymnasium Hotel Commercial Floor Area Tourist Home, Cabin, or Motel Dwell ing Dwelling Sleeping Rooms Beds Members Seat 2 2 1/2 1/4 1/5 1/5 1/10 3 Seat Classroom Seat Classroom Members 1/8 3 1/5 Total Square Feet Beds 10 1/300 1/2 Beds Seats Seats Sleeping Rooms Square Feet Sleeping Rooms 1/4 1/4 1/5 1/3 1/200 1 26 Schedule of Off-Street Parking Regulations Type of Generator Unit Minimum No. of Spaces Per Unit Dance Hall, Assembly or Exhibit Hall Business or Professional Office, Studio Bank, Medical or Dental CI inic 0-1 ,000 Square Feet 1 ,000+ Square Feet Bowl ing Alley Mortuary or Funeral Home Restaurant, Night Club, Cafe, or Similar Recreation or Amusement Establ ishment Retail Store or Personal Service Establ ishment Furniture or Appl iance Store, Hard- ware Store, Wholesale Establish- ments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair, or Service Shop 0-1 ,000 Square Feet 1 ,000+ Square Feet Printing or Plumbing Shop or Similar Service Establishment Manufacturing or Industrial Establ ish- ment, Research or Testing Laboratory, Creamery, Botti ing Plant, Warehouse, or Similar Establ ishment Square Feet 1/1 00 Alley Seats 3 1/200 4 1/4 Total Square Feet Square Feet 1/3 1/200 Seat Employees 2 1/300 1/3 Total Square Feet Employees 1/2 27 4.2.2 area, number of employees, number of dwelling units, seating capacity or other- wise, to create a need for an increase of ten percent or more in the number of exist- ing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a bui Iding 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 thereafter comply with the parking requirements set forth herein. e. In the case of mixed uses, the parking spaces required shall equal the sum of the require- ments of the various uses computed separately. All parking spaces required herein shall be located on the same lot with the building or use served, except that where <;m increase in the number of spaces is re- quired by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institu- tional building served and not to exceed 500 feet from any other nonresidential building served. a. Up to 100 percent of the parking spaces required for a church or church school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours; provided, how- ever, that written agreement therefor is properly executed and filed as specified in paragraph "b". b. 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 such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be fj I ed with the appl ication for a building permit. 28 4.3 Off-Street Loading Regulations: Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehous ing, hotel, mortuary, or any other use s i mi- larly involving the receipt or distribution by vehicles or materials or merchandise, shall provide and maintain on the same premises, loading space in accordance with the following regu I at ions: 4.3.1 In the NS, Neighborhood Service and GB, General Business Districts,one loading space for the first 5,000 to 15,000 square feet of floor area in the build- ing and one additional loading space for each 15,000 square feet, or fraction thereof, of floor area in excess of 15,000 square feet. 4.3.2 In the M-l and M-2, Industrial Districts, one loading space for each 10,000 square feet or fraction thereof, of floor area in the building. 4.3.3 No more than three off-street loading spaces shall be required for any Neighborhood Service or General Business use, nor more than five off-street loading spaces for any Industrial use. 29 ART IC LE " Section 5 Section 6 Section 7 Section 8 ENACTMENT Short Title This ordinance shall be known and may be cited as "The Zoning Ordinance of The City of Schertz" . Adoption of Legislative Grant of Power Articles 1 011 A through 1 all K of the Revised Civil Statutes of the State of Texas are hereby adopted and the provisions of this chapter are adopted in the exercise of the power granted to municipalities by such statutes. Severabi I ity of Parts If for any reason anyone or more sections, sentences, clauses, or parts of this chapter are held inval id, such judgment shall not effect, impair or invalidate the remaining provisions of this ordinance but shall be confined in its operation to the specific sections sentences, clauses or parts of this chapter held invalid and the invalidity of any section, sentence, clause or part of this chapter in anyone or more instances shall not affect or prejudice in any way the validity of this chapter in any other instance. Compliance Required 8.1 Except as hereinafter specifically provided: 8.1.1 All land shall be used only for a purpose permitted in the district in which it is located. 8.1.2 All building shall be erected, converted, enlarged, reconstructed, moved or structurally altered only for a use permitted in the district in which such building is located. 8.1.3 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 be- low the requirements of this Ordinance for the district in which such lot is located. 30 Section 9 Section 10 8. 1.4. Every building hereinafter erected or structurally altered shall be located on a lot as herein defined; and except as hereinafter provided, there shall not be more than one primary residential dwelling on a lot. Zoning District Map 9.1 The boundaries of the Zoning Districts established under Article 1, Section 1, are delineated upon the Zoning District Map of the City of Schertz, Texas, said map being a part of rhis Ordinance as fully as if the same were set forth herein in detai I. 9.2 Two original, identical copies of the Zoning District Map are hereby adopted bearing the signature of the Mayor and the Chairman of the Planning and Zoning Commission with the attestation of the City Secretary and are fi led and maintained as follows: 9.2.1. One copy is filed with the City Secretary and shall be retained as the original record and shall not be changed in any manner. 9.2.2. One copy shall be fi led with the City Manager and sha II be ma i nta i ned up-to-date by posti ng thereon a II changes and subsequent amendments for observation in issuing Bui Iding Permits, Certificate of Compliance and Occupancy and use in enforcing the Ordinance. All changes to the map shall be posted within 14 days by the City Manager's Office. 9.2.3. One copy of the official zoning district map shall be filed with and kept up to date by the Planning and Zoning Commission. Rules for the Interpretation of District Boundaries Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply: 10.1 Where district boundaries are indicated as approximately following a street or highway right-of-way lines, such lines shall be con- st~ued to be such boundaries. I 10.2 Where di stri ct boundari es are so i ndi cated that they approxi mate Iy follow the lot lines, such lot lines shall be construed to be said boundaries. 10.3 Where district boundaries are so indicated that they are approxi- mately parallel to the center lines or street lines of streets, or the center lines of right-of-way lines of highways, such district bound- aries shall be construed as being parallel thereto and at such 31 Section 11 distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale on said Zoning Map. 10.4 In unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map. 10.5 In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property I ine nearest the less restricted district All land within Schertz, Texas, including public properties and rights-of-way shall be classified with a Zoning District. In the case of a district boundary I ine dividing a property into two parts, the d istri ct boundary line sha II be construed to be the property I ine nearest the less restricted district. The PD, Pre- Development District shall be considered the most restricted district and each subsequent district less restricted. 10.6 Whenever any street, alley or other public way is vacated by official action of the City Commission, the zoning district ad- joining each side of such street, alley or publ ic 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. Annexed Territory - Temporary Classification 11 .1 All territory hereafter annexed to the City of Schertz shall be temporarily classified as PD, Pre-Development District, until permanent zoning is established by the City Council 0 The pro- cedure for establ ishing permanent classification of annexed territory shall conform to the procedure establ ished by law for the adoption of the original zoning regulations. 11.2 In an area temporarily classified as PD, Pre-Development District: 11 .2.1 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 Inspector or the City Council as may be required herein. 32 11 .2.2 11.203 No permit for the construction of a building or use of land shall be issued by the Building Inspector other than a permit which will allow the construction of a building permitted in the PD, Pre-Development 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 follows. An application for a permit for any use other than that specified in paragraph 11.2.2 above shall be made to the Building Inspector of the City of Schertz, and by him referred to the Planning Commission for considera- tion and recommendation to the City Council 0 The Planning Commission in making its recommendation to the City Council concerning any such permit shall take into consideration the appropriate land use for the area and the Comprehensive Land Use Plan for the City of Schertz. The City Council after receiving and reviewing the recommendations of the Planning Commission may by majority vote authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the appl ication. 33 ARTICLE III Section 12 AMENDMENTS Changes and Amendments 12.1 Authority: The City Council may from time to time on its own motion amend, supplement, change, modify or repeal the regulation standards and boundaries herein establ ished. In addition, a comprehensive review of the Zoning Ordin- ance text and map shall be made by the Planning Commission for the purpose of keeping the City current with development patterns and innovative methods in zon ing and examin ing existing land uses and changes in land uses made by develop- ers and builders within the City in order to ascertain those areas the patterns of development are changing. The Planning Commission, at least every three years, shall file a report and recommendation thereon with the Mayor and City Council. The three year time period shall commence upon the date of the adoption of this Ordinance. 12.2 Application and petition for amendment for changes to the regulations and/or district map. 12.2.1 Any person, firm or corporation petition ing the City Council for a change in the regulations or 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 Commission. 12.2.2 Petitions shall be reviewed by the Planning Com- mission and the City Council in a joint meeting, such meeting to be a regularly scheduled meeting of the Planning Commission for which an agenda has been publ ished and distributed to the members of the Commission and Council not less than ten days prior to such meeting. If, after review of an appl ication or petition, the majority of the member- ship of the City Council and the majority of the membership of the Planning Commission agree that: a. Such requested change is not in keeping with the comprehensive plan of the City, or 34 1202.3 b. there is no error in the original zoning of the property for which a change is requested, or c. there has been no substantial change in the environment of the property for wh i ch a change is requested that could warrant a change since its original classification, or d. granting of the request would create a spot zone whereby the property would enjoy a special or monopolistic privilege not enjoyed by nearby 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 City Council and the Planning Commission that granting the requested change would not be in keeping with the objectives and purposes of the Comprehensive Plan and the Zoning Ordinance and that the Zoning Ordinance and/or District Map in respect to the particular request will not be recom- mended for amendment or change. In the event that the City Council and the Planning Commission by majority of each body do not agree in respect to an application or petition as set forth in paragraph 12.2.2 above such petition shall be scheduled for a publ ic hearing and further considera- tion of the proposed amendment. 12.3 Public notice and procedure for amending or changing the Zoning Ordinance and/or Zoning District Map. 12.3.1 Whenever it is the desire of the majority of the members of the City Council and of the majority of the members of the Planning Commission that an amendment or change to the Zoning Ordinance or District Map be proposed and considered at a publ ic hearing or as a result of a petition or application by a person, firm or corporation that has not been rejected or denied as set forth in Section 12.3.2, such proposed amendment or change shall be scheduled by the City Secretary 35 12.3.2 12.3.3 12.3.4 12.305 for a publ ic hearing before a joint meeting of the City Council and the Planning Com- mission. Such publ ic 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: Area Under Request: Lots or Area Amount of Fee 1 to 2 lots inclusive or up to 1 acre $35.00 3 to 5 lots inclusive or up to 1-1/2 acres $50.00 Each lot over 5 ($50.00 plus) per lot $10.00 Each acre over 1-1/2 ($50. OQ pi us per acre $30.00 Maximum: In no event shall the fee exceed $200.00 No action to amend, suppl ement, change, modify or repeal the Zoning Ordinance or the District Map shall be final until there shall have been a publ ic zoning hearing thereon with public notice of such hearing as here in requ ired. Notice of any publ ic zoning hearing involving only the Zoning Ordinance and not the District Map shall be given by publ ication once in a newspaper of general circulation in the City and designated as the official publ ication 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 earl ier than 15 days from the date of such publ ication. Notice of any public zoning hearing involving a change of or amendment to the District Map or the granting of a Specific Use Permit shall be given as set forth in subsection 12.3.3 above and in addition written notice shall be given time and place of hearing stating the address of the property proposed for change or a Specific Use Permit and briefly the change or Specific Use Permit that is to be considered. Such notice shall be sent to the owners as determined from the most recently approved city tax roll of real property lying within 300 feet of the property on which the change in classification or specific use permit is 36 proposed. Such notice shall be given not less than 15 days before the date set for the hearing and shall be made by depositing the same, prop- erly addressed and postage paid, in the United States Post Office. 12.3.6 The Public Zoning Hearing shall be a joint meeting of the City Council and the Planning Commission. Rules of order commensurate with proper conduct, hearing of arguments and receiv- ;ing of evidence shall be adopted and observed in the conduct of the hearing. The recording of minutes shall be made of each 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 the City Councilor the Planning Com- mission at or during the Publ ic Zoning Hearing. However, if all the members of the Planning Com- mission and the City Council present at such meeting concur on the favorabl e passage of any proposa I, then that matter may be referred to the City Council with a recommendation of passage without any further meetings. 12.3.7 The Planning Commission shall within ten days after a Public Zoning Hearing, hold a regular or special meeting to act and recommend upon changes, amendments or specific use permits con- sidered at such hearing. This meeting shall be open to the public and the recording of minutes and other procedures normally conducted by the Plann ing Commission shall be observed; however, no proponent or opponent to a proposed zon i ng 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 Commission shall be transmitted to the office of the City Secretary for the Counc iI in writing within 5 days following the meeting of the City Planning Commission. 37 12.3.8 After receipt by the City Council of the recom- mendations of the Planning Commission, the City Council shall at either a regular or a speeial meeting act upon the proposed changes, amend- ments 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. In cases when the Planning Commission recommenda- tion against proposed specific use permit or amend- ment, supplement, change or repeal of the regulations or restrictions of the Zoning Ordinance or the boundaries of the District Map herein establ ished or when a written protest against an amendment under consideration is filed with the office of the City Secretary and signed by the owners of 20% or more either of the area of the lots included in such proposed change or those immediately adjoining the same and extending 200 feet therefrom such amendment, sup- plement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths of all the members of the City Counc iI . 12.4 If the City Council fails to pass an ordinance approving such proposed specific use permit, amendment, supplement, or change then in that event, a new appl ication for such proposed specific use permit, amendment, supplement, or change in the Zoning Ordinance or the boundaries of the district map shall not again be considered until after the expiration of (12) months from the date of such proposed amendment, supplement, or change was rejected, provided however that such appl ication may be recon- sidered within the above mentioned (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 had never filed a previous application for zoning change. 12.5 All specific use permits granted by the City Council for use in any zoning district shall be acted upon by the proponent within 18 months after the date of approval by the City Council. If the proponent fails to do so within such time, then such permit shall be automatically terminated and an appl ication for a new specific use permit shall be obtained in accordance with this Ord i nance . 38 ARTICLE IV ADMINISTRATION AND ENFORCEMENT Section 13 Admin istrative Provisions 13.1 Building Permit and Plan Requirements: 13.1.1 13.1.2 All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines within which the proposed bui Iding and structure shall be erected or altered, the existing and intended use of each building or part of building, the number of families or housekeeping units the building is de- signed to accommodate, and such other informa- tion with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of th is Ord inance. One copy of such plot plans will be returned to the Owner when such plans have been approved. An inspec- tion period of as much as two weeks shall be allowed for inspection of plans before a permit shall be issued 0 All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey and the lot shall be staked out on the ground before con- struction is started. 13.2 Effect Upon Existing Permits, Agreements and Rights: 13.2.1 13.2.2 Existing Permits and Private Agreements. This ordinance is not intended to abrogate or annul (l) any permits issued before the effective date of this ordinance, or (2) any easement, covenant or any other private agreement more restrictive than the provisions of this ordinance. Preserving Rights in Pending Litigation and Vio- lations Under Existing Ordinances. By the passage of this ordinance, no presently illegal use shall be deemed to have been legal ized 39 unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain non-conforming where recogni zed, or an ill ega I use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense com- mitted, 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, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed. Completion of Existing Buildings. 13.2.3 a. Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two (2) years from the date of the passage of this ordinance, provided such building either was actually under construction at the time of the passage of this ordinance or was authorized by building permit before the passage of this ordinance, and further provided construction shall have been started within ninety (90) days from passage of this ordinance. b. Commitments with reference to construction of public utility building necessary for pro- posed expansion of the City made prior to the passage of th is ordinance shall be observed. 1303 Certificates of Occupancy and Compl iance: Certificates of occupancy should be required for: Occupancy and use of a bui Iding hereafter erected or structurally al tered. Change in use of an existing building to a use of a different classification. Occupancy and use of vacant land. 40 13.3.1 Change in the use of land to a use of a different classification. 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 shall have been issued by the Building Inspector. Procedure: ao 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 appl ication for the building permit for such building. Said certificate shall be issued with in three days after a written request for the same has been made to said Building Inspector or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ord i nance . b. Written application for a certificate of occupancy for the use of vacant I and, 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 said Building Inspector; if the proposed use is in conformity with the provisions of this Ordinance, the certificate of occupancy therefor shall be issued within three days after the application for same has been made. The fee for such certificate of occupancy sha II be one doll ar ($1 .00) to be po id to the City Treasurer of the City of Schertz. c. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law 0 A record of all certificates of occupancy shall be kept in file in the office of the Building Inspector or his agent and copies shall be furnished on request to any person 41 13.3.2 having proprietory or tenancy interest in the building or land affected. 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 Inspector by the owner or leasee of the building or land occupied by such non- conforming use within one year of the effective date of this Ordinance. It shall be the duty of the Building Inspector to issue a certificate of occupancy for a lawful non-conforming use, but failure to apply for such certificate of occupancy for a non-conforming use, or refusal of the Building Inspector to issue a certificate of occu- pancy 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 14 Regulation of Non-Conforming Uses 14.1 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 preservation of the adjoining property and the ultimate removal of the non-conforming use . If, how- ever, 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 0 14.2 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 once changed from a lower to a higher 42 classification use shall not be changed thereafter to a lower classification use, and such prior lower classification use shall be considered abandoned. 14.3 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 recon- structi on. I f greater than fj fty per cent (50%) and I ess than total, the Zoning Board of Adjustment may grant permit for repair after publ ic hearing and having due regard for the property rights of the persons affected when considered in the I ight of publ ic wel fare and the character of the areas surround- ing the designated non-conforming use. 14 4 Enlargement: A non-conforming use shall not be enlarged or extended, except upon authorization of the Zoning Board of Adjustment, 14.5 Normal Maintenance: Normal maintenance of a building or a structure containing a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations not extending the non-conforming use. 14.6 Structural Changes: No structural alteration shall be made in a building o'r other structure containing a non-conforming use except that required by law. Section 15 Board of Adjustment 15.1 Organization: There shall be a Board of Adjustment consisting of five members, appointed by the City Council, each to be appointed for a term of two years, removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The City Counc iI may by charter procession or ordinance provide for the appointment of four al ternate members to the Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager. The alternate members shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. 15.2 Jurisdiction: When, in its judgment, the publ ic convenience and wel fare wi II be substantially served and the appropriate 43 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 with in any district a use that is not permitted in that district and the district regulations as set forth in this Ordinance; and the Board of Adjustment shall not permit any variation or exception if the appl icant has contributed to the cause of the unnecessary hardship of which he complains. 15.2.1 15.2.2 15.2.3 15.2.4 15.2.5 The reconstruction of a building occupied by a nonconforming use, provided such reconstruction does not prevent the eventual return of such property to a conforming use may be permitted. Modifications of yard, open space, parking lot area, or lot width regulations as may be neces- sary 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. Require the discontinuance of nonconforming 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. Reduce required off-street parking if it can be shown that the required minimum as herein established will not at any time be necessary because of the character of the proposed uses at a probable I imited quantity of employees, c I i ents, customers or tenants. Decide appeals where it is alleged there is error in the order, requirement, decision or determination made by the Building Inspector in the enforcement of this Ordinance. 44 15.3 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, depart- ment, 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. 15.4 Stay of Proceedings: An appeal shall stay all proceedings in the matter appealed from 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 I ife or property. 15.5 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 in interest. In addition at least 15 days advanced notice shall be given by publ ication at least once in the official publication of the City stating the time and place of such hearing, the parties appealing such matter, and the lot description of the land which the matter concerns. The Board of Adjustment shall mail notices of such hearings to the petitioner and the owners of property lying within 200 feet of any point of land on which a variation is desired and to all other persons deemed by the Board to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the City. 15.6 In exercising its powers the Board of Adjustment may reverse or affirm wholly or partly, or may modify the order, require- ment, decision, or determination appealed from 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. 15.7 The concurring vote of four (4) members of the Board of Adjust- ment shall be necessary to reverse any order, requirement, decision, or determination of any building inspector. The con- curring vote of four (4) members of the Board of Adjustment shall also be necessary to decide in favor of an appl icant on any matter upon which the Board is required to pass upon under this Ordinance other than an appeal. 45 15.8 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 verified, setting forth that such deeision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the Office of the Board. 15.9 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 Adjust- ment and shall prescribe therein the time within which a return thereto must be made and served, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on appl ication, on notice to the Board and on due cause shown, grant a restraining order. 15.10 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 return 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. 15.11 If upon the hearing it shall appear to"the court that testimony is necessary for the proper disposition of the matter, the court shall take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon wh ich the determination of the court shall be made. The court may reverse, wholly or partly, or may modify the decision brought up for review. 15.12 Cause shall not be allowed against the Board unless it shall ap- pear to the court that it acted with gross negl igence, or in bad faith, or with malice in making the decision appealed from. 15.13 All issues in any proceeding under this Section 15 shall have preference over all other civil actions and proceedings. As amended Acts 1959, 56th Leg., p. 545, ch. 2444, par. 1; Acts 1961, 57th Leg., p. 687, ch. 322, par. 1 0 46 15. 14 Fees: A fee of twenty-five dollars ($25.00) shall be paid to the Building Inspector at the time the notice of appeal is fi led with the Inspector forthwith pay over to the City Treasurer to the credit of the general revenue fund of the Ci ty of Schertz. Section 16 Enforcement 16. 1 Enforcement Officer: The provisions of this Ordinance shall be administered and enforced by the Building Inspector of the Ci ty of $c he rtz . 16.2 Right to Enter: The Building Inspector 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 neces- sary to carry out his duties in the enforcement of this Ordinance. 16.3 Stop Orders: Whenever any building work is being done contrary to the provisions of this Ordinance, the Bui Iding Inspector may order the work stopped by notice in writing served 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 Inspector to proceed with the work. Secti on 17 Violations and Penalties 17.1 Any person, firm or corporation who shall violate any of the provisions of this Ordinance or fai I to comply therewith or who shall violate or fai I to comply with any order or regulations made thereunder, or who shall build in violation of any detai led statement of specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, shall, for each and every violation and noncompliance respectively be deemed gu i Ity of a misdemeanor, and upon conviction therefore shall be fined in a sum not to exceed $200.00, and each and every day that such violation or noncompliance shall exist sha II be deemed a separate offense. 17.2 But in case any person, firm or corporation violates any of the provisions of this Ordinance or fai Is to comply therewith, the City of Schertz, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business or use in or about any land; 47 and the definition of any violation 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 cumulative of and in addition to the penalties prescribed for such violation. Section 18 Enactment All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed, and this Ordinance shall be in full force and effect from and after its final passage and publ ication as provided by law. 48 ARTICLE V DEFINITIONS Section 19 Definitions 19.1 Word Usage: Certain words in this Ordinance not heretofore defined are defined as follows: Words used in the present tense include the future: Words in the singular number in- clude the plural number and words in the plural number include the singular number: The word IIbuilding" includes the word "structurell: The word II10t" includes the words IIplotll or "tract": The word IIshall" is mandatory and not discretionary. 19.2 Definitions: 19.2.1 Accessory Building or Use: An lIaccessory building or usell 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 principal building or principal use served; c. contri butes to the comfort, conven i ence, and necessity of occupants of the principal building or principal use served; and 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. 19.2.2 Alley: An "alley" is a minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used pri- marily for vehicular traffic to the rear or side of properties wh ich otherwise abut on a publ ic street as that term is defined herein. 190203 Apartment: An "apartment" is a dwelling unit in a multi-apartment house. 19.2.4 Apartment Hotel: Any building containing both apartments and rooming un its in some combi nation, 49 19.2.5 19.206 19.2.7 19.2.8 19.2.9 having a desk or lobby attended 24 hours a day and providing some services customary and appro- priate to a hotel, such as maid and room service, but not having any public meeting room. Basement: A story (or portion 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 portion of a story) shall be used to determine whether such story (or portion of a story) is a basement. Boarding House: A building other than a hotel, motel, or an apartment hotel where, for compen- sation and by prearrangement for a defin ite period, meals or lodging and meals are provided for three or more persons, but not exceeding twenty persons. Block: A tract of land bounded by streets or a combination of streets and public parks, or corp- orate boundaries of the City of Schertz. Board: The word "Board" shall mean the Board of Adjustment. Building: Any structure which: a. is permanently affixed to the land; b. has one or more fI oors and a roof; and c. is bounded by either open area or the lot lines. A building shall not include such structures as bill- boards, 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. 19.2.10 Bui Iding, detached: A building wh ich is surrounded by yards or open space on its building lot. 19.2.11 Building Height: The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck I ine of a mansard roof, or to 50 the mean height level between eaves and ridge for gable, hip, or gambrel roofs. 19.2.12 City: The City of Schertz, Texas. 19.2.13 Clinic: An establishment or offices in which a group of physicians, dentists, or other practitioners of the healing arts, and allied professional assistants are associates 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 veteri narians. 1 9.20 14 Club or Lodge: An associ at i on of persons for the promotion of some nonprofit common objective, such as literature, science, politics, good fellowship and similar objectives which meets periodically and which is limited to members. 19.2.15 Commission: The Planning Commission of Schertz, Texas. 19.2.16 Counc i I: The City Counci I of Schertz , Texas. 19.2.17 Court: An open, unoccupied space bounded on more them two sid~s 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, all ey, yard or other permanent open space. 19.2.18 District: Any section of the City of Schertz for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniformo 19.2.19 Dwelling: Any building or portion thereof which is designed for or used for residential purposes. 19.2.20 Dwelling, Multi Family: A building or portion thereof constructed for or occupied by three or more families and containing three or more dwell ing units. 19.2.21 Dwelling, One Family: A building designed for or occupied exclusively by one family. 51 19.2.22 Dwelling, Two Family: A building designed for or occupied exclusively by two families. 19.2.23 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 conveni- ences are provided for the exclusive use of such individual or family. 19.2.24 Family: One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house, or hotel, as herein defined. 19.2.25 Frontage: All the property on one side of a street between two intersecting streets (crossing or term- inating), measured along the I ine of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. 19.2.26 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. 19.2.27 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. 19.2.28 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 name plate not more than one square foot in area, or no display that will indicate from the exterior that the building is being uti lized in part for any purpose other than that of a dwell ing; there is no commodity sold upon the premises; no per- son is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes 0 52 19.2029 Wrecking or Salvage Yard: A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged 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 con- ducted entirely within a completely enclosed building, sale of used cars in operating condition, or salvaged materials incidental to a manufacturing operaHon. 19.2.30 Loading Space: A space within the main building or on the same jot ther!:with I ~rovidin!,;) !'::r ;he standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at I east 14 feet. 1902.31 Lot Area: The area of a lot between lot I ines, includ- ing any portion of an easement which may exist within such lot lines. 19.2.32 Lot, Corner: A lot which has an interior angle of less than 135 degrees at the intersection of two street lines 0 A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees. 19.2.33 Lot, Double Frontage: A lot having a frontage on two nonintersecting streets as distinguished from a corner lot. 19.2.34 Lot, Interior: A building lot other than a corner Iota 19.2.35 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 County; or a parcel of land, the deed of wh ich was recorded in the office of the County Clerk of Guadalupe County. 19.2.36 Mobile Home: Any vehicle or similar portable structure having no permanent or fixed foundation other than 53 19.2037 19.2.38 19.2.39 19.2.40 19.2.41 19.2.42 19.2.43 19.2.44 wheels or jacks or skirtings and so designed or constructed as to permit occupancy for dwell ing structures for the purpose of this Ordinance only when they are parked in a mobile homes park. Mobile Home Park: Any lot upon which are lo- cated one or more mobile homes, occupied for dwelling purposes regardless of whether or not a change is made for each accommodation. Motel or Motor Hotel: A building or group of buildings including either separate units or a row or rows of units which contain sleeping accommo- dations primarily for transient occupancy, and provide off-street parking space on the same building lot for use of its occupants. 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 existance prior to the effective date of this Ordinance. Occuponc~: The use or intended use of the land or buildings y proprietors or tenants. Open Space: That port of a building lot, including courts or yards, which is open and unobstructed from its lowest level to the sky, which is accessible to all residents upon a building lot, which is not part of a roof, and which does not include court recesses 0 Parking S ace: A surfaced area, enclosed or unen- c osed, 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. Place: An open unoccupied spoce or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property. Sign, Advertising: Poster ponel, painted bulletins or other advertising devices which promote and 54 advertise commodities or services not limited to being offered on the premises on which such signs are located. 19.2.45 Sign Business: A graphic device which advertises only commodities or services offered on the premises where such sign is located. 19.2.46 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, inter- mittent, revolving or similarly I ighted type. 19.2.47 Sign Pole: A free-standing sign supported by a single vertical support anchored or set in the ground, no exposed face of wh ich exceeds sixty four (64) square feet in surface area. 1902.48 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 wh ich it is I egally zoned. 19.2.49 Story: That portion of a building, other than a basement, included between 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 next above it. 19.2050 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 feet above the floor of such story, ex- cept 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 . 19.2.51 Street: A public or private thoroughfare which affords the principal means of access to abutting property. 19.2.52 Street line: A dividing I ine between a lot, tract, or parcel of land and a contiguous street. 55 19.2.53 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. 19.2 .54 Town House: A row of single-family attached dwel- I ing units which are joined to another dwell ing at one or more sides by abutting separate and which is designed for occupancy by one (1) family. 19.2.55 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. 19.2.56 Yard: An open space at grade between a building and the adjoining lot I ines, unoccupied and unob- structed 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 depth of the rear yard, the minimum horizontal dist- ance between the lot line and the main building shall be used. 19.2.57 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 uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be con- sidered as parallel to the street upon which the lot has its least dimension. 19.2.58 Yard, Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot I ine and the rear of the ma in building or any projections thereof other than the pro- jections of uncovered steps, unenclosed balconies, or unenc losed porches. On a II lots, the rear yard sha II be in the rear of the front yard. 19.2.59 Yard, Side: A yard between the main building and the side I ine of the lot, and extending from the re- quired front yard to the required rear yard, and 56 being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto. 57 ARTICLE VI Section 20 ATTEST: EFFECTIVE DATE Effective Date This code shall become effective from and after the date of its approval and adoption as provided by law. PASSED, APPROVED AND ADOPTED day of /)1/T?~X-/ with an effective date of this the /9 at;- A.D., 1974, /}Jt'~;-eA_' J- ?' 1974. 4.r' {:; A<<~ / Mayor, City of Schertz, Texas ---.........'........''','''\ _.- '" ~' '" " '\ .. ~ ~)r. ",(:, I. -;~... ',,' .....f/AII ,I, ~'" '')''1 ('" ! l ,',..." .~~:. ~ \ (. ; ". .;.. i : . -..~,.- t\ <t." .~. ",. -. I't '. ~ : ~, l 'i~ . ~ : ''/;.,'" ;,\:... j '~'. " .' "> ' '\ '~" ..' ~ ,,'" , ',~ r 1 .~ €. ~:-" ~. .~. ""'~ ' t .,........._ 58 ARTICLE VI Section 20 ATTEST: EFFECTIVE DATE Effective Date This code shall become effective from and after the date of its approval and adoption as provided by law. PASSED, APPROVED AND ADOPTED day of /}~n/.e~tJ'-e.x../ with an effective date of this the /9 at- A.D., 1974, /}1~rv-e~,j.e/'-' 1- ? 1974. &./{? AL 7 'UZ/t -/ ..t:.i -. ./ Mayor, City of Schertz, Texas -......."..ie,.."'\\'t ......- ., \\\\ .' .~ (; \~ ,-' r./, 'I, ..; .(, . ",e ...~".; /...<:- ./ I' , ,.' I" ..... ~ \ ,(.,' \ '.~I f f, _.~. }\ 1.. ., ._,.... I, 1".\ ~- ;",1"1""'"'' ~ " : ,., . :' ~ , f'l ' ; / \ . l-, \ ". l/, \, , " (\ ... f~'. ,'c,,[ . ~.. "'.."'" \ ~ ", , . ,...1 ~ .:r' '. ~ t I .r €. ,".,- \.:..... . , '-- ....." ." ,.' . ",- ertz 58 I PUBLISHER'S AFFIDAVIT The State of Texas County of Guadalupe } Before me, the undersigned authority, on this day personally appeared.................... ......................Qtl:1.?..g.~J.~h~.l]!............................................., who being duly sworn says that he (she) is fhe ................R~.l?J~~.l:1.~.r................................. of .?;~.~...y~.~.~~~...~~~.~.............., a weekly newspaper published at .........~~~~.~.~...............,........................................, in said county and state and that ..... ............... .............. .~~ ~.~.?~.......... ............ ..................... ............., a copy of which is hereto attached, was published in said newspaper on ..._........................ August 1, 1974 ....---..--............-........-.........-....--.........................................-..--.................................................................................---.....................-..----........----..........-... .... --.................... ---...... ...---- .....O' ._......... .............__......._ ....... _. _.. _..___. _.... ....... ..... .................. ...__................ ......_ ...O' __.............._..................................____................ .... -.. -. -..... -..-......_....-.. ---....--.. .....-----...... ...........---...................... -........-...... -"""'... ........ ...--....................-...-...............-..........-....................---..................... - - -- -".o- - - __ - - _...o.................o.o.......o.........o.o ........o.....o..o..o..o.......o......... ............... _.................... _..... _..o....o......... ........ ...........o. _........ ........ ....~..._~_......................... Subscribed and sworn to before me this the .................?~~n.._.__...._......_.n._...... day of .......A~E':!~~.........................., 19..7.~... , ~ -~ ~ . UJ '-- - , ....~. .:.::~.~.~~~_~f~:~......~.~.... ..~.~~ Notary Public in and for .....~~~.9:~;l;~p..~......._._...___......... County, Texas S_u<6' fA;' -1 LEGAL NOTICE A Public Hearing will be _held Tuesday, August 20, 1974, 7:00 P.M., in the City Council Cham- bers, 608 Live Oak Road, pur. suant to adopting a new zoning ordinance for the City of Schertz. This hearing will be conducted by the City Council in accordance with Section 25-3 of the existing zoning ordinance. JUDe G. Krause rooL. City Secretary (l-c cf. ~ J.. \ \ \ PUBLISHER'S AFFIDAVIT The State of Texas County of Guodolupe } I Before me, the undersigned authority, on this day personally appeared.................... ......................Q~.O.0...Q.J:'J.~.h.q.lJ1.............................................., who being duly sworn says that he (she) is fhe ........... ....... P..v.9.1;l; .~.J:1.~r.... .......... ................. of .. .~'.t:.~ ..:!.~.~.~~;!...~'~~:'!.~............, kl bl' 'h d ;~.ep'utn . 'd a wee y newspaper pu IS e at ...............................~.....,........................................, In sal county and state and that ..... ............... .................::::.~.~.~::....... ............................. ............. ....., a copy of which is hereto attached, was published in said newspaper on ............................ nover:ber ILl, lq711 .....-.. ---......... ........ ...................... .............. ......... ..... ..... ....... .... .......... ................. ............. ........ ...... ..... ........ "..... -..-.. .................................. ................................ ..... ......~;~~~..................... Subscribed and sworn to before me this the ..............}.?~!:............................... day of ...... .I].Q.y.~rDh.E).r.. ...................., 19 ..7.~!... K ~ ~l )G. ' ...... ~-:-~0.-:::-. ~S:~............. __........ ~:~::-y Notary Public in and for .......g.V.~9J~.J.\.m~....................... County, Texas ~I,g III cl ~ i 'S ;' C C ~ 'S 'S.~:; ='-g ~ !' - ~=IlIIl1~b ~~~ <~S_~IlI~ ~ I "::' - '0 0 III~' . S = ... ~ :> 0 ~ ~ ~ III ~~~~i~~J-E~-giS!=-~~~~ f ... ~ _ c:: 0 ~._ ~ ... tIl .c '0 0.. l~u ..... .. ~.w Gl"'U .c c:: Gl'S. ~ .11I... S uJlen III ~ti:> ~~'ii III ~ ....IlIc::u ........ ........ .J~I~i~~~5~ ~~~~Gl~~~i~~ I UIll~.~=Sc::~~~u~=o~.c~..~ -UC::~Glo ~'S- ~...UGl"GlIll'" 1II0IllGl:i'OU'O,Sa IlIg'S'O:>oc::c::o= . c:';l c::.c ...C::Gl'O..1lI Gle....-llItl1l 'Oil) i! !'~- Gl !' 1II,Sa III t III C::.C:: ~.!S ~ -g ~ tIIl.S S ~ t O"'a~...=~.~'O~GlS-ot IlIgsc::~o~ ~ U~III._IIIC:: .c -'::'-1%: 'Gl 11I'0'''' c::...s c:: c:: .~ S -;:; '0 Gl.~ C::.. Gl 1i'!S = ltJ c::.... Ill.... ~ Gl .- Gl = 60- u.. 11 U t :> ~.... :> .. ~ ~ :> -< ~t::a ~ f] ~!.!!.2.2= ~~~~~ ~3f<~ U - ~ .. = Gl Eo- ~ t'1:' III S Gl :2f"5 . al en ~rJ)'CS Gl..,.., 9:'::::'::: .., C.,H') s - ~ '-.t- I PUBLISHER'S AFFIDAVIT The State of Texas County of Guadalupe } Before me, the undersigned authority, on this day personally appeared.................... ................0.~.J::~...0.!:L~.l].~l2:..................................................., who being duly sworn says that he (she) is the ........... ....... .!:.\1.~}~.$.0. ~!:............. ..... ........... of ..~~.~. ..Y ~.~.~.~y....].J.:. ~ .~............., kl bl" 'h d t Sep"uin . "d a wee Y newspaper pu IS ea.................................:... ................._......................., In sal county and state and that .................... ........ ..,....... ............... .r::~~.~.~.:... ..... ........... .............. ....., a copy of which is hereto attached, was published in said newspaper on ............................ November ?A, lq74 .....o...... .......... .__o. ......... ...... _. ............ .............._......... ...___ ...... ............. ..................... _.... ...................... _.............. ................. ........ .........._.. _.._.... ............ .._____................. .................. .......... ............. -..-- ........ ....- ..-..... .-.... -..-....... -..-..-............ .......... _.-.... ............ ............ .......... -..--... ----..- ........ -..-.. ..........- ......Oo... ...... .... _.._.._..... .__................_, ....................................--...--..............................-....................................................................................................................................................................... ....................... ..... ... .-.. .............. .................. ....... ...... ............... .... ..-.... ........ ....... .......... ...... ........... .....-.. ....... .......-....................... ......~-#:::.A~p.:........................... 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C OJ "" < .- ._ ~ 0 ~ "" ~ w, ell . ~:;:l '- ~ C ell ell ~ ~.- c 8 C,) ~ "" CJ 4l '0 ell [g >.If Z CG CG 0 CG ell ~ 'C CJ 'C S e CG CJ '0 'C > oS .5 CG c = CG ~ .I"" <c"'3 c~-' -,Cell'C..CG eIIg m CGtlIl "".. Z = tlIl >..- ell tlIl ui 0 CG ~ CG C C mc .!!3 ~ 'Cc ell ~ft.... C S ~ e u .... '""" <1,)'" s:: bD - - Q.) ._ > tJ .....,.....,.- ~ rn 9 ~ ~u~ ~~.5 !fi~'C ~ ~'O'~~ ui~ ;~~.a ~ c;oo"S ... c .- e 1'C -'n C .. - ell'" CG Ul C .-.- ....- ell o C .- ell b - CJ.or; CG CJ "" > ell ~ ::l'- > > ..c (U 9 >. >. < C m .- CG "".c "" "" ell 0 ... '" 'C 0 0 _ .. .,- O~~Oell::l~CG""Oo~""~~~""""""Oell_~" N~~CJ"".crn~::l__-,~~~CJO~~CJ""'~V y ... ..... ~ '"" + \000 rot I - - I POLICY LETTER NO. 7S- (J- 3 PROBLEM The criteria for selection of Planning and Zoning Commission menbers and the Board of Adjustment members do not include anything other than the members must be "qualified" voters of the City. RELATED DOCUMENT Article VIII of the City Charter Article 974a, 1011f and 1011g of Vernon's Annotated Civil Statutes Zoning Ordinance No. 74-S-48 of the City of Schertz Subdivision Ordinance No. 93 of the City of Schertz POLICY A qualification for a member of the Planning and Zoning Commission and the Zoning Board of Adjustment shall be that the appointee be an owner of real property within the City of Schertz, as well as a registered voter of the City of Schertz. /}J;!'(j- /~ ff?!./C ~ ~ ert C. Bueker, Mayor City of Schertz, Texas ATTEST: 4 G. Krause, C ty ./