11-S-15 Ordiance Amending UDCORDINANCE NO, ll-S-IS
AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
SCHERTZ, TEXAS; REPEALING ALL ORDINANCES AND CODES OR
PARTS OF ORDINANCES AND CODES IN CONFLICT WITH THIS
ORDINANCE AND THE AMENDMENTS AUTHORIZED HEREIN; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance No. 10-5-06, the City Council of the City of Schertz,
Texas (the "City) adopted an Amended and Restated Unified Development Code on April 13,
2010, as further amended (the "Current UDC"}; and
WHEREAS, City Staff have recommended certain revisions to the current UDC; and
WHEREAS, the City Council has been presented with the proposed amendments and
finds that they are appropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The Current UDC is hereby amended as set forth on Exhibit A hereto.
The Table of Contents to the Current UDC, as revised herein, shall be updated to reflect such
changes, and this amending Ordinance shall be noted on the cover of the revised UDC.
(Changes fiom the Current UDC are set forth on Exhibit B hereto.)
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance or the Amended and Restated Unified
Development Code authorized herein are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section ~. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
50418180.2
Section 7. This Ordinance and the Amended and Restated Unified Development
Code authorized herein shall be effective upon the date of final adoption hereof and any
publication required by law.
PASSED ON FIRST READING, the 17t~' day of May, 2011.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 24tE` day of May,
2011.
yor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz, Texas
(Seal of City)
soa ~ s4so.z -2-
EXHIBIT A
UDC AMENDMENTS
* Changes from the Current UDC are indicated on Exhibit B.
50418480.2 A-1
1. Section 21.4.12. of the Current UDC conceiving BOA variances is hereby amended to add
subsection F as follows:
"F. Finding of Fact
The Board shall complete a Finding of Fact for Variance or Appeal to support its
conclusion for each variance or appeal presented to it."
2. Section 21.4.16.D.b. of the Current UDC concerning building pei~rtits is hereby amended to
read as follows:
"D. Criteria for Approval
6. all public infrastructure required has been installed and accepted by the
City and all electric, gas, telephone and cable utility services necessary to
serve the development have been installed within the development."
3. Table 21.5.2. of the Cui7ent UDC is hereby amended to read as follows:
S mbol Zoning District Name
PRE Predevelopment District
R-1 Single-Family Residential District
R 2 Sin le-Family Residential District
R-3 Two-Famil Residential District
R-4 A artmentlMulti-Famil Residential District
R-6 Single-Famil Residential District
R-7 Single-Fatnily Residential District
R-A Sin [e-Famil ResidentiallA riculhtral District
GH Garden Home Residential District
TH Townltome District
MHS Manufactured Home Subdivision District
MHP Manufactured Home Park District
OP Office and Professional District
NS Neighborhood Services District
GB General Business District
GB-2 General Business District-2
M-1 Manufacturing District {Li ht)
M-2 Manufacturing District (Heavy}
GC Golf Course District
PUB Public Use District
PDD Planned Development District"
so~tsaso.a A-2
4. Section 21.5.6. of the Current UDC concerning non-residential zoning districts is hereby
amended to add subjection H. as follows:
"H. Golf Course District (GC)
Intended to identify and provide a zoning classification to accommodate the
peculiarities and design criteria for land that is publicly or privately owned for use
as public or private golf courses and any supporting or related club houses, utility
buildings and related amenities (including but not limited to pro shops, swinuning
pools, tennis courts, restaurants, and bars}."
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7. The second sentence of Section 21.S.10.E. of the Current UDC concerning Planned
Development Districts is hereby amended to read as follows:
"E. Conceptual and Development Plan
In establishing a PDD, the City Council shall approve and file, as part of the
granting ordinance, appropriate plans and standards for each PDD. During the
review and public hearing process a development plan (or detailed Master Plan)
shall be submitted.
8. Section 21.8.1.C.2. of the Current UDC concerning homeowners associations is hereby
amended to read as follows:
"C. 2. Subject to the following sentence, the HOA shall provide for operation,
repair and maintenance of all common areas, fences, walls and all common
facilities including, but not limited to, streets, sidewalks or other infrastructure
that are part of the common facilities. If the HOA's rules and regulations or long-
standing policy and practice provide that maintenance or repair of fences or walls
adjoining a property owner's property shall be the responsibility of the property
owner, such rules or practice shall apply."
9. Section 21.8.2.B. of the Current UDC concerning accessory buildings, uses, and structures is
hereby amended to read as follows:
"B. Accessory buildings, uses and structures as permitted herein shall comply with the
maximum impervious coverage restrictions contained in zoning regulations, and
the number of accessory uses/structures on lots of less than `/2 acre is limited to a
maximum of three (3)."
10. Section 21.8.3.A.4. of the Current UDC concerning carports and porte-cocheres is hereby
amended to read as follows:
"A. Multifamily/Non-residential Districts
4. The minimum height of the cazport entry shall be fourteen feet (14')."
11. Section 21.8.4.C.3.f i. of the Current UDC concerning home occupations permits is hereby
amended to read as follows:
"f. Conditions Applicable to Horne Occupation Permits
i. Validation
A home occupation permit expires every December 31."
5041848D.2 A-1 O
12. Section 21.8.6.C.3. of the Current UDC relating to telecommunications antennas is hereby
amended to read as follows:
"C. General Regulations
The following regulations apply to all antenna facilities and antennas located
within any district:
3. Driveway Surfaces
All Telecommunication Tower Facilities must have an access drive that is
constructed of asphalt or concrete. At least one (1) off-street parking
space must be provided at each telecommunication tower facility."
13. Section 21.8.6.C.4. of the Cun•ent UDC is hereby amended to read as follows:
"4. Lights
No outdoor lighting shall be allowed on any Antenna Facility except lights
or lighting that is required by the Federal Aviation Administration (FAA)
ar the Federal Communications Commission {FCC)."
14. Section 21.8.9.C.l.e. of the Current UDC relating to outdoor display and storage is hereby
amended to read as follows:
"C. Effective Dates
1. Temporary Limited Non-Conforming Use.
e. December 31, 2013."
15. Section 21.9.S.C.3. of the Cui~ent UDC relating to exterior construction and design standards
is hereby amended to read as follows:
"C. Multifamily and Nonresidential Exterior Material Requirements
3. Masonry material shall be def ned as that form of exterior construction
material consisting of brick, stone, stucco, cemetatious fiberboard, split
face concrete masoruy units, concrete with an aggregate finish and faux
stone or brick."
16. Table 21.9.7.F. of the Cuixent UDC is hereby amended to read as follows:
50418480.2 A- I 1
Common Name Scientific Name
Arizona Ash raxinus velut
Ashe-Juniper or Mountain Cedar Juniperus ashei
Box Elder cer negundo
Chinaberry tree elia azedarach L.
Chinese Loquat or Loquat Eriobotiya japonica
Chinese ParasollVarnish Tree irmiana simplex
Chinese Tallow Sapium sebiferum
Golden-Rain Tree oelrenteria paniculata
Huisache or Sweet Acacia cacia farnesiana
Japanese Plum runus salicina
Ligustrum or Privet igustrum japonicum
Lombardy Popular opulus nigra "italica"
Mesquite Prosopis glandulosa
Mimosa Albizia julibrissin
Mexican Fan Palm Washingtonia Robusta
Paper Mulbei•~• roussonetia papyrifera {L.)
=(Her. ex. Vent.}
Saltcedar amarix ramosissima Ledeb.
Sugarberry or Hackberr Celtis laevigata
Tree of Heaven ilanthus altissirna"
17. Section 21.9.S.B.2.b. of the Current UDC relating to screening and fencing in non-residential
areas is hereby amended to read as follows:
" 2. Fence Materials
b. Prohibited Materials
Above-ground electrical fencing, wire mesh (such as hog wire or
chicken wire), screening slats within chain link fences and barbed
wire are prohibited except on parcels or Iots one (1) acre or greater
in size in conjunction with the containment of livestock or farm
animals."
18. Section 21.9.9.B.3. of the Cui7•ent UDC relating to tree preservation and mitigation is hereby
amended to read as follows:
"B. Applicability and Exemptions
3. The following are exempt from the preservation, mitigation and pei~nitting
requirements of this section:
Subsections b.-g. shall be relettered a.-f."
soais~so.z A-12
19. Section 21.9.9.B.3.f. (now 21.9.9.B.3.e., see above} of the Current UDC relating to tree
preservation and mitigation is hereby amended to read as follows:
"e. dangerous, diseased, damaged, dead or dying protected or heritage
trees as detei7nined by a tree survey and a letter from a certified
Texas Arborist; provided, notwithstanding the title of this section,
all such trees shall be mitigated one for one by number of trees;
and"
20. Section 21.9.10.D,1. of the Current UDC relating to parkland dedication is hereby amended
to read as follows:
"1. Land Dedication
A final plat establishing a residential (including multifamily) subdivision
or corrimercial or manufacturing district either within the City or within
the ET7 of the City shall contain the dedication of an area of land for park
purposes meeting the reduirements set out in this section, or a notation
signed by the Director of Parks, Recreation and Community Services of
receipt of an approved cash payment-in-lieu of land. The subdivider of a
residential (including multifamily) subdivision or commercial or
manufacturing district shall dedicate to the City developed parkland in the
amount as established within the fee schedule adopted by the City
Council. A proposed plat submitted for approval must:
a. show the location and dimensions of the area proposed to be
dedicated for parkland;
b. show the number of dwelling units to be located within the
proposed residential subdivision (whether single or multi-family
units) or LUEs in a commercial or manufacturing district;
c. tell whether all or any part of the property to be dedicated as a park
is located in a special flood hazard area, as such areas are defined
in this UDC; and
d. show the proposed sheets and utilities to serve the parcel to he
dedicated as parkland."
21. Section 21.9.11.E.2. of the Cuixent UDC relating to outdoor lighting is hereby amended to
read as follows:
"E. General Standards
2. outdoor lighting must be hooded, shielded, and/or aimed downward at at
least aforty-five degree (45°) angle."
so~isaso.2 A-13
22. Section 21.9.ll.E. of the Current UDC relating to outdoor lighting is hereby amended to add
subsections 9 and 10 as follows:
"E. General Standards
9. Wall lighting attached to exterior buildings and structures shall not be the
only source of light for parking lots.
10. Wall lighting shall be hooded or shielded to prevent light trespass beyond
the property line.
23. Section 2111.S.F. of the Current UDC relating to exempted signs is hereby amended to read
as follows:
"F. Flags
Official flags of governmental jurisdictions or non-profit organizations. Nothing
in this Article shall be construed to prevent the display of a national or state flag
or to limit flags, insignias, or legal notices or informational, directional or traffic
signs which are legally required and necessary to the essential functions of
governmental agencies. Flag poles shall not exceed thirty five (35} feet in
height."
24. Section 21, ll .S.K. of the Cui7•ent UDC relating to certain signs is hereby amended to read as
follows:
"K. Menu Board Signs
A maximum of two (2} menu board signs, each with a maximum of thirty-two
(32) square feet in area, shall be permitted per drive through service restaurant or
restaurant drive-up window or similar drive through business."
25. Section 21.1 L6.L.6, of the Cui7ent UDC related to prohibited signs is hereby amended to
read as follows:
"L. Off Premise Signs
6. Real Estate Signs"
26. Section 21.11.8. of the Current UDC relating to general sign provisions is hereby amended to
add subsection I. as follows:
"I. Sign Area -The maximum effective sign area shall be the total square footage of
a single face specified for each type of sign within this article."
soy ~ s4so.2 A-14
27. Section 21.11.$,B. of the Current UDC relating to general sign provisions is hereby amended
to read as follows:
"B. Wind and Dead Load Requirements
All signs shall be designed and constructed to withstand a wind load of not less
than thirty-two (32) pounds per square foot of area and shall be constructed to
receive dead loads as required by building codes adopted by the City. The sign
application must include a statement signed or a letter with an engineer's seal that
states compliance with this requirement."
28. Sectian 21.11.10.C. of the Current UDC relating to fieestanding ground signs is hereby
amended to read as follows:
"C. Maximum Height
The maximum height of a fieestanding ground sign shall not exceed the
following:
Exce tp ipn: Freestanding ground signs Iocated on properties along FM 3009 and
Schertz Parkway shall have a maximum height of eighteen feet (18')."
29. Section 21.11.10.D, of the Current UDC relating to fieestanding ground signs is hereby
amended to read as follows:
"D. Maximum Area
Freestanding ground signs shall not exceed the following:
Exce tp ion: Freestanding ground signs located on properties along FM 3009 and
Schertz Parkway shall have a maximum of ninety (90) square feet in area."
soais~so.2 A-15
30. Section 21.11.11.C. afthe Current UDC relating to monument signs is hereby amended to
read as follows:
"C. Maximum Area
The maximum area of a monument sign shall not exceed fifty {50) square feet."
31. Section 21.11.11. of the Current UDC relating to monument signs is hereby amended to add
subsection H. as follows:
"H. Driveway Entrances
Freestanding non-residential street address signs at driveway entrances are limited
to one (1) monument sign per driveway entrance not to exceed twelve (12) square
feet in area, and three feet (3'} in height."
32. Section 21.ll.12.A. of the Current UDC relating to multi-tenant signs is hereby amended to
read as follows:
"A. General
The provisions of this section shall be applicable to all signs located within
developments consisting of shopping centers, as defined within this UDC, and all
other similar multi-tenant developments. Multi-tenant signs designed as
monument signs shall meet the requirements of this section."
33. Section 21.11.18.A. of the Current UDC relating to development signs is hereby amended to
read as follows:
"A. Maximum Area
Development signs shall not exceed thirty-two (32) square feet."
34. Section 21.11.19.C. of the Current UDC relating to real estate signs is hereby amended to
read as follows:
"C. Maximum Area
The maximum area of a commercial real estate sign shall not exceed thirty-two
(32) square feet. Residential real estate signs shall not exceed four (4) square feet
in area."
35. Section 21.12.4, of the Cun-ent UDC relating to subdivision applications is hereby amended
to read as follows:
soa ~ s~so.a A-1 b
"Any proposed plan for subdivision or development of a property under this Article shall be
accompanied by a completed application for the proposed development. No vesting shall
occur in accordance with section 21.1.6 of this UDC until a completed application has been
submitted in accordance with the requirements of this Article. Filing "checklists" provided
by the City to assist applicants shall not change or override any filing requirements set forth
in this UDC."
36. Section 21.12.6.C.3. of the Current UDC relating to subdivision master plans is hereby
amended to read as follows:
"C. Processing of Application and Decision
3. Decision by the Planning and Zoning Commission
The Planning and Zoning Commission shall receive the written
recommendation of the Director of Parks, Recreation and Community
Services and the City Manager or his/her designee and shall consider the
proposed Subdivision Master Plan. The Planning and Zoning Commission
may vote to approve, approve with conditions, or deny the proposed
Subdivision Master Plan. The applicant may appeal the decision of the
Planning and Zoning Commission to the City Council for consideration.
The City Council shall act an an appeal within thirty (30) days after the
date of the Planning and Zoning Commission's action."
37. Section 21.14.1.G. of the Current UDC relating to streets is hereby amended to read as
follows:
"G. Intersections
The curb radius at street intersections shall conform to the specifications in the Public Works
Specifications Manual."
3$. Section 21.15.4. of the Current UDC relating to utilities is hereby amended to read as
follows:
"All utilities, including, but not limited to, electrical wiring, natural gas, telephone, cable,
Internet and security systems, shall be located in the fiont yard, shall be installed
underground and shall be maintained in accordance with all applicable City codes and
regulations for such systems. Any utilities required to be placed above ground must be
placed on steel poles meeting the requirements of the City and the applicable utility provider.
The City Manager or his/her designee may waive the requirements of this section to allow
wooden poles where he/she Ends that unique conditions supporting such waiver exist within
the development or along rights-of-ways."
50418480.2 A-1 ']
39. Article 16 of the Cw•rent UDC relating to definitions is hereby amended to amend or add the
following seven definitions:
(a) "Accessory Buildings, Uses or Structures: One which:
a. is subordinate to and selves a principal structure, building or use;
b. is subordinate in area, extent or purpose to the principal structure building
or use served;
c. contributes to the comfort, convenience and necessity of occupants of the
principal structure, building or use served;
d. is located on the same building lot as the principal structure, building or
use served; or
e, may be part of the principal building."
(b) "Church, Temple, Place of Worship: A building designed and used primarily for
religious assembly and worship and those accessory activities which are customarily
associated therewith, and the place of residence for ministers, priests, nuns or rabbis in a
detached residential facility on the same premises, that is exempt from ad valorem taxes
as pezxnitted by State law. For the purposes of this definition, bible study and other
similar activities which occur in a person's primary residence shall not be considered as a
church, temple or place or worship."
(c} "Group Home: A specialized lodging house and boarding house which provides
long term supervised housing in a conventional residential setting far no more than three
(3) persons who are physically or mentally handicapped, developmentally disabled or are
victims of crime, and having no more than two (2} supezvisory personnel in residence at
the same time."
(d) "Impervious Coverage: Impervious cover means impe~7neable surfaces which
prevent the infiltration of water into the underlying soil and bedrock (such as pavement,
concrete or roo$ops}."
(e) "Pervious Concrete: Concrete that is permeable as supported by an engineered
drainage study."
(f) "Secured (Gated} Community: A residential area sui7ounded by a masonry or
wrought iron fence with at least two (2) entrances, electrically or manually controlled
gates and administered by a Homeowners Association."
(g} "Studio, Tattoo or Body Piercing: A building or portion of a building used for
selling or applying tattoos by injecting dyeslinks into the skin, andlor to pierce the skin
with needles, jewehy or other paraphernalia, primarily for the purpose of oi~lamentation
of the human body."
50418480.2 A-1$