11-S-15 SCHERTZ UDC (Amended and Restated 05-24-11)
CITY OF SCHERTZ
AMENDED AND RESTATED
UNIFIED DEVELOPMENT CODE
Adopted by Ordinance Number 10-S-06
April 13, 2010
Subsequent Amending Ordinances pursuant to section 21.4.7.c.4 of this UDC:
Ordinance No. 10-S-11 (May 18, 2010)
Ordinance No. 10-S-28 (September 28, 2010)
Ordinance No. 10-S-29 (September 28, 2010)
Ordinance No. 11-S-15 (May 24, 2011)
Subsequent Amending Resolutions pursuant to section 21.4.7.E of this UDC:
None
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TABLE OF CONTENTS
Article 1 General Provisions............................................................................................1-1
Sec. 21.1.1 Short Title...............................................................................................1-1
Sec. 21.1.2 Purpose and Intent...................................................................................1-1
Sec. 21.1.3 Authority.................................................................................................1-1
Sec. 21.1.4 Jurisdiction..............................................................................................1-2
Sec. 21.1.5 Consistency with Comprehensive Land Plan.........................................1-3
Sec. 21.1.6 Vested Rights ?Issuance of Local Permits?............................................1-6
Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs..................................1-6
Sec. 21.1.8 Minimum Requirements.........................................................................1-6
Sec. 21.1.9 Effective Date.........................................................................................1-7
Sec. 21.1.10 Severability.............................................................................................1-7
Sec. 21.1.11 Violations and Penalties..........................................................................1-7
Sec. 21.1.12 Validity...................................................................................................1-8
Article 2 Official Maps.....................................................................................................2-1
Sec. 21.2.1 Official Zoning Map...............................................................................2-1
Sec. 21.2.2 District Boundary Interpretation.............................................................2-2
Article 3 Boards, Commissions and Committees...........................................................3-1
Sec. 21.3.1 General Provisions..................................................................................3-1
Sec. 21.3.2 City Council............................................................................................3-3
Sec. 21.3.3 Planning and Zoning Commission..........................................................3-4
Sec. 21.3.4 Board of Adjustment...............................................................................3-5
Sec. 21.3.5 Administrative Authority......................................................................3-10
Sec. 21.3.6 Other Boards, Commissions and Committees......................................3-12
Article 4 Procedures and Applications...........................................................................4-1
Sec. 21.4.1 Purpose and Intent...................................................................................4-1
Sec. 21.4.2 Initiation of Application..........................................................................4-1
Sec. 21.4.3 Notice Requirements...............................................................................4-3
Sec. 21.4.4 Public Hearings.......................................................................................4-3
Sec. 21.4.5 Post-Decision Procedures.......................................................................4-5
Sec. 21.4.6 Comprehensive Land Plan Amendment.................................................4-6
Sec. 21.4.7 Unified Development Code Amendment................................................4-9
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Sec. 21.4.8 Annexation............................................................................................4-10
Sec. 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts
and Certificates of Appropriateness......................................................4-12
Sec. 21.4.10 Development Agreements.....................................................................4-13
Sec. 21.4.11 Utility Service Extension......................................................................4-15
Sec. 21.4.12 Variances...............................................................................................4-17
Sec. 21.4.13 Reserved................................................................................................4-19
Sec. 21.4.14 Appeals.................................................................................................4-19
Sec. 21.4.15 Public Infrastructure Improvement Construction Plans and
Community Facilities Agreements.......................................................4-21
Sec. 21.4.16 Building Permits...................................................................................4-27
Article 5 Zoning Districts.................................................................................................5-1
Sec. 21.5.1 Purpose and Applicability.......................................................................5-1
Sec. 21.5.2 Zoning Districts Established; Limitations on R-6 and R-7.....................5-1
Sec. 21.5.3 Initial Zoning Upon Annexation.............................................................5-2
Sec. 21.5.4 Zoning Change/Zoning Map Amendment..............................................5-2
Sec. 21.5.5 Statement of Purpose and Intent for Residential Districts......................5-6
Sec. 21.5.6 Statement of Purpose and Intent for Nonresidential Districts................5-9
Sec. 21.5.7 Dimensional and Developmental Standards.........................................5-10
Sec. 21.5.8 Permitted Use Table..............................................................................5-14
Sec. 21.5.9 Special Districts....................................................................................5-20
Sec. 21.5.10 Planned Development District..............................................................5-21
Sec. 21.5.11 Specific Use Permit (SUP)....................................................................5-26
Article 6 Manufactured Homes and RV Parks..............................................................6-1
Sec. 21.6.1 Manufactured Home Subdivisions..........................................................6-1
Sec. 21.6.2 Manufactured Home Parks.....................................................................6-4
Sec. 21.6.3 Recreational Vehicle (RV) Parks..........................................................6-10
Article 7 Nonconforming Uses, Lots and Structures.....................................................7-1
Sec. 21.7.1 Purpose and Intent...................................................................................7-1
Sec. 21.7.2 Nonconforming Status............................................................................7-1
Sec. 21.7.3 Continuing Lawful Use of Land and Structures.....................................7-1
Sec. 21.7.4 Expansion of Nonconforming Uses and Structures................................7-2
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Sec. 21.7.5 Abandonment of Nonconforming Uses and Structures, and
Cessation of Use of Structures or Land..................................................7-2
Sec. 21.7.6 Substitution of Nonconforming Uses......................................................7-3
Sec. 21.7.7 Reconstruction or Repair of Nonconforming Structure..........................7-3
Sec. 21.7.8 Relocation of Nonconforming Structure.................................................7-4
Sec. 21.7.9 Nonconforming Lots...............................................................................7-4
Sec. 21.7.10 Validation................................................................................................7-4
Article 8 Special Uses and General Regulations............................................................8-1
Sec. 21.8.1 Secured (Gated Communities)................................................................8-1
Sec. 21.8.2 Accessory Buildings, Uses and Structures..............................................8-3
Sec. 21.8.3 Carports, Porte-Cocheres........................................................................8-5
Sec. 21.8.4 Home Occupations..................................................................................8-6
Sec. 21.8.5 Reserved..................................................................................................8-9
Sec. 21.8.6 Telecommunications Antennas...............................................................8-9
Sec. 21.8.7 Temporary Structures............................................................................8-20
Sec. 21.8.8 Decks ? Attached to Principal Building................................................8-21
Sec. 21.8.9 Outdoor Display and Storage................................................................8-22
Article 9 Site Design Standards.......................................................................................9-1
Sec. 21.9.1 General Design Standards.......................................................................9-1
Sec. 21.9.2 Blocks.....................................................................................................9-2
Sec. 21.9.3 Lots.........................................................................................................9-2
Sec. 21.9.4 Monuments and Lot Markers..................................................................9-3
Sec. 21.9.5 Exterior Construction and Design Standards..........................................9-4
Sec. 21.9.6 Reserved..................................................................................................9-5
Sec. 21.9.7 Landscaping............................................................................................9-5
Sec. 21.9.8 Screening and Fencing..........................................................................9-17
Sec. 21.9.9 Tree Preservation and Mitigation..........................................................9-22
Sec. 21.9.10 Park and Open Space Dedication Requirements..................................9-29
Sec. 21.9.11 Lighting and Glare Standards...............................................................9-38
Sec. 21.9.12 Site Plan Process...................................................................................9-41
Article 10 Parking Standards..........................................................................................10-1
Sec. 21.10.1 Purpose..................................................................................................10-1
Sec. 21.10.2 General Provisions................................................................................10-1
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Sec. 21.10.3 Size of Space.........................................................................................10-2
Sec. 21.10.4 Schedule of Off-Street Parking Requirements......................................10-4
Sec. 21.10.5 Striping..................................................................................................10-6
Sec. 21.10.6 Shared Access and Cross Lot Access Easements.................................10-6
Sec. 21.10.7 Stacking Requirement for Drive-Through Facilities............................10-6
Sec. 21.10.8 Off-Street Loading/Unloading Requirements.......................................10-7
Sec. 21.10.9 Additional Regulations and Illustrations..............................................10-8
Article 11 Signs and Advertising Devices.......................................................................11-1
Sec. 21.11.1 Purpose..................................................................................................11-1
Sec. 21.11.2 Applicability.........................................................................................11-1
Sec. 21.11.3 Administration......................................................................................11-1
Sec. 21.11.4 General Requirements...........................................................................11-3
Sec. 21.11.5 Exempted Signs....................................................................................11-5
Sec. 21.11.6 Prohibited Signs....................................................................................11-6
Sec. 21.11.7 Removal of Signs..................................................................................11-9
Sec. 21.11.8 General Sign Provisions......................................................................11-11
Sec. 21.11.9 Wall Signs...........................................................................................11-12
Sec. 21.11.10 Freestanding Ground Signs.................................................................11-13
Sec. 21.11.11 Monument Signs.................................................................................11-14
Sec. 21.11.12 Multi-tenant Signs...............................................................................11-15
Sec. 21.11.13 Electronic Signs..................................................................................11-17
Sec. 21.11.14 Directional Signs.................................................................................11-18
Sec. 21.11.15 Subdivision Entry Signs......................................................................11-19
Sec. 21.11.16 Price-Per-Gallon Display....................................................................11-19
Sec. 21.11.17 Temporary Signs.................................................................................11-20
Sec. 21.11.18 Development Signs.............................................................................11-21
Sec. 21.11.19 Real Estate Signs.................................................................................11-22
Sec. 21.11.20 Banners over Public Rights-of-Way...................................................11-22
Sec. 21.11.21 Nonconforming Signs.........................................................................11-23
Sec. 21.11.22 Licenses...............................................................................................11-24
Sec. 21.11.23 Violations............................................................................................11-28
Article 12 Subdivisions.....................................................................................................12-1
Sec. 21.12.1 Purpose and Applicability.....................................................................12-1
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Sec. 21.12.2 General Provisions................................................................................12-1
Sec. 21.12.3 Pre-Application Conference..................................................................12-3
Sec. 21.12.4 Application Required............................................................................12-4
Sec. 21.12.5 Subdivision Master Plan.......................................................................12-4
Sec. 21.12.6 Subdivision Master Plan Process..........................................................12-7
Sec. 21.12.7 Preliminary Plat..................................................................................12-10
Sec. 21.12.8 Preliminary Plat Process.....................................................................12-10
Sec. 21.12.9 Final Plat.............................................................................................12-13
Sec. 21.12.10 Final Plat Process................................................................................12-14
Sec. 21.12.11 Minor Plat Process..............................................................................12-17
Sec. 21.12.12 Amending Plat Process.......................................................................12-19
Sec. 21.12.13 Replat Process.....................................................................................12-22
Sec. 21.12.14 Reserved..............................................................................................12-25
Sec. 21.12.15 Waivers...............................................................................................12-25
Article 13 Land Disturbing Activities and Drainage.....................................................13-1
Sec. 21.13.1 Clearing and Grading............................................................................13-1
Sec. 21.13.2 Drainage................................................................................................13-1
Sec. 21.13.3 Stormwater Management Plan............................................................13-24
Article 14 Transportation................................................................................................14-1
Sec. 21.14.1 Streets....................................................................................................14-1
Sec. 21.14.2 Criteria and Design...............................................................................14-7
Sec. 21.14.3 Additional Design Requirements..........................................................14-7
Sec. 21.14.4 Alleys....................................................................................................14-9
Sec. 21.14.5 Driveways.............................................................................................14-9
Sec. 21.14.6 Sidewalks and Hike and Bike Trails...................................................14-10
Sec. 21.14.7 Traffic Impact Analysis......................................................................14-12
Article 15 Easements and Utilities...................................................................................15-1
Sec. 21.15.1 Easements.............................................................................................15-1
Sec. 21.15.2 Water Systems......................................................................................15-1
Sec. 21.15.3 Wastewater Systems.............................................................................15-4
Sec. 21.15.4 Utilities..................................................................................................15-5
Article 16 Definitions........................................................................................................16-1
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Tables
21.5.2 Zoning District Names......................................................................................5-1
21.5.7A Dimensional Requirements ? Residential Zoning District..........................5-11
21.5.7B Dimensional Requirements ? Non-Residential Zoning...............................5-12
21.5.8 Permitted Uses by Zoning District................................................................5-15
21.8.6 Antenna Facility Siting Matrix......................................................................8-17
21.8.9 Permitted Outdoor Display and Storage......................................................8-22
21.9.7A Approved Shade Trees...................................................................................9-11
21.9.7B Approved Ornamental, Evergreen and Palm Trees....................................9-12
21.9.7C Approved Shrubs, Vines, Perennials and Ground Cover...........................9-13
21.9.7D Approved Ornamental Grasses.....................................................................9-16
21.9.7E Approved Turf Grasses..................................................................................9-16
21.9.7F Undesirable Trees...........................................................................................9-16
21.9.9 Exempted Trees...............................................................................................9-23
21.10.3 Minimum Number of Handicap Accessible Parking Spaces......................10-3
21.10.4 Schedule of Off-Street Parking Requirements.............................................10-4
21.10.8 Off-Street Loading Requirements.................................................................10-7
21.11.9 Maximum Area of Wall Signs......................................................................11-12
21.11.10A Maximum Height of Freestanding Ground Signs......................................11-14
21.11.10B Maximum Area of Freestanding Ground Signs.........................................11-14
21.11.12 Maximum Height of Multi-tenant Signs.....................................................11-16
21.11.17A Maximum Area of Temporary Signs..........................................................11-20
21.11.17B Maximum Height of Temporary Signs.......................................................11-21
21.13.2A Runoff Coefficients (C) Percentage...............................................................13-5
21.13.2B Runoff Coefficients (C) Percentage...............................................................13-5
21.13.2C Rainfall Intensities (inches/hour)...................................................................13-6
21.13.2D SCS Curve Number by Soil Type..................................................................13-8
21.13.2E Percent Impervious Cover by Land Use.......................................................13-8
21.13.2F Design Rainfall Values (inches).....................................................................13-9
21.13.2G Manning?s Roughness Coefficient...............................................................13-10
21.13.2H Velocity Control............................................................................................13-19
21.13.2I Drainage Freeboard for Concrete Lined and
Earth Channels for Twenty-Five Year Storm............................................13-21
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21.14.1 Street Improvement Standards.....................................................................14-5
21.14.7A TIA Requirements........................................................................................14-12
21.14.7B TIA Study Areas...........................................................................................14-13
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Article 1 ? General Provision
Schertz Unified Development Code
Article 1General Provisions
Sec. 21.1.1 Short Title
Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited as the
Unified Development Code of the City of Schertz, Texas or simply as the Unified Development
Code or the UDC.
Sec. 21.1.2 Purpose and Intent
This UDC is adopted to:
protect, promote, improve and provide for the public health, safety and general
welfare of the citizens of the City;
ensure the safe, orderly and efficient development and expansion of the City in
accordance with and pursuant to its Comprehensive Land Plan;
conserve, develop, protect and utilize natural resources, in keeping with the public
interest;
prevent the overcrowding of land and avoid undue concentration or diffusion of
population;
protect and conserve the value of land throughout the City and the value of
buildings and improvements upon the land, and to minimize the conflicts among
the uses of land and buildings;
provide for open space;
minimize pollution of air and water, assure the adequacy of drainage facilities,
safeguard water resources and preserve the integrity and aesthetic quality of the
community;
lessen congestion in the streets and provide convenient, safe and efficient
circulation for vehicular and pedestrian traffic; and
facilitate the adequate and efficient provision of transportation, water, wastewater,
schools, parks, public safety and recreational facilities, and other public facilities
and services.
Sec. 21.1.3 Authority
This UDC is adopted pursuant to the powers granted to the City and subject to any limitations
imposed by the constitution and other laws of the State of Texas and the City Charter.
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Article 1 ? General Provision
Schertz Unified Development Code
Sec. 21.1.4 Jurisdiction
The provisions of this UDC apply to all property within the corporate limits of the City and
generally to all lands subject to its jurisdiction as conferred by State law.
A.Jurisdiction within City Limits
The City has the statutory authority to exercise a broad range of powers within its corporate
boundaries and its extraterritorial jurisdiction. Many of those powers are specifically authorized
by Chapters 211, 212, and 216 of Texas Local Government Code, as amended (LGC). Pursuant
to such authority, all sections of the UDC shall apply to all areas within the City limits of
Schertz. All structures, land uses, businesses, subdivisions, or property development constructed
or commenced after the effective date of this UDC and all enlargements of, additions to, changes
in, reductions to or relocations of existing structures, land uses, businesses, subdivisions, or
property developments occurring after the effective date of this UDC are therefore subject
thereto.
B.Jurisdiction within Extraterritorial Jurisdiction
The City extends to its extraterritorial jurisdiction (ETJ) the regulation of subdivisions and
property development adopted under LGC Chapter 212. The City also extends to its ETJ the
authority to regulate signage as adopted under LGC Chapters 216, 245, and 43. However, unless
otherwise authorized by State law, within its ETJ, the City may not regulate:
1.the use of any building or property for business, industrial, residential, or
other purposes;
2.the bulk, height, or number of buildings constructed on a particular tract of
land;
3.the size of a building that can be constructed on a particular tract of land,
including without limitation any restriction on the ratio of building floor
space to the land square footage;
4.the number of residential units that can be built per acre of land; or
5.the size, type, or method of construction of a water or wastewater facility
that can be constructed to serve a developed tract of land if:
a.the facility meets the minimum standards established for water or
wastewater facilities by state and federal regulatory entities; and
b.the developed tract of land is:
i.located in a county with a population of 2.8 million or
more; and
ii.served by:
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Article 1 ? General Provision
Schertz Unified Development Code
(a)on-site septic systems constructed before September
1, 2001, that fail to provide adequate services; or
(b)on-site water wells constructed before September 1,
2001, that fail to provide an adequate supply of safe
drinking water.
Sec. 21.1.5 Consistency with Comprehensive Land Plan
This UDC is intended to implement the policies and objectives contained in the Comprehensive
Land Plan and Master Thoroughfare Plan for the City and to affect the City?s plan for provision
of public facilities and service within the City limits and within the City?s ETJ. Any application
for development shall be consistent with the City?s Comprehensive Land Plan and Master
Thoroughfare Plan, as amended from time to time. The following General Land Use Policies
have been used in the development of this UDC in order to ensure that land development within
the City?s jurisdictional area is in accordance with the City?s Comprehensive Land Plan and
Master Thoroughfare Plan. These policies act as a guideline and should not be construed as
development regulations.
A.Growth Management
1.New development should be compatible with existing development and
community character.
2.New development should maintain the character, look and feel of the City.
3.New development should occur in a fiscally responsible manner for the
City.
B.Environmental Protection
1.Development should preserve and protect waterways and floodplains.
2.Development should preserve and protect surface and ground water
resources and hydrologically-active areas.
3.Developers should cooperate with local governmental entities to ensure
water quality.
4.Development should promote and encourage water conservation practices.
5.Development should preserve and protect air quality.
6.Development should seek public acquisition of open space or develop
conservative development options for areas of environmental concern.
7.Agricultural and ranch lands should be priority areas for open space
preservation. The City is interested in preserving natural open space areas.
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Article 1 ? General Provision
Schertz Unified Development Code
8.Development should promote awareness and implementation of Best
Management Practices (BMPs) for purposes of water quality and land
conservation (e.g., increase awareness of the impacts of the use of certain
pesticides on the drinking water supply).
C.Housing
1.Development should provide housing alternatives for all income levels
within the City?s jurisdictional area.
2.Development should encourage housing that is compatible with existing
neighborhoods and land uses.
3.Development should promote cluster development when and where
appropriate.
D.Economic Development
1.Development should promote economic development opportunities along
I-35 and I-10 and along major arterials such as FM 3009, Schertz
Parkway, FM 1518 and FM 78.
2.Development should promote economic development consistent with
other land use policies.
3.Development should promote quality development that is compatible with
neighboring areas.
E.Historic Preservation
1.Development should preserve and enhance historic areas and sites
throughout the City?s jurisdictional area.
2.Development should preserve significant archaeological sites throughout
the City?s jurisdictional area.
3.Development should use community history to promote tourism and
economic development.
F.Parks and Recreation
1.Development should connect existing and future parks in accordance with
the City?s Parks and Open Space Master Plan.
2.Development should provide and preserve open space and parkland in new
neighborhoods and associated with new schools.
3.Development should encourage maintenance and safety of parks and
recreation resources.
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Article 1 ? General Provision
Schertz Unified Development Code
G.Circulation
1.Development should improve access to major thoroughfares identified by
the City.
2.Development should encourage streets and street network designs to be
interconnected to provide ample, safe, and appropriately scaled access
through and between neighborhoods and to commercial centers.
3.Development should provide safe and efficient vehicular connectivity.
4.Development should provide for safe and effective hike and bike trails.
5.Development should ensure that access is safely managed and integrated
into land use and site designs.
6.Development should encourage adequate parking and layouts of parking
to be provided for new commercial, office and retail development,
provided that the parking fields do not deter ease of pedestrian access into
and through new developments, and do not deter or detract from
community character.
7.Development should provide for safe and ample pedestrian connectivity
throughout new and/or existing developments, including schools, park
sites, and commercial areas.
H.Urban Design
1.Development should encourage and provide incentives for blending of
land uses and mixed-use development.
2.Development should utilize streetscape design criteria to encourage safe
and desirable pedestrian access and community attractiveness.
3.Development should utilize appropriate building area and bulk
regulations, configurations, project scales and architectural design for new
developments within the community.
4.Signage should not detract from the visual integrity of the community.
5.Lighting associated with signage, buildings or area-wide development
should not pose a safety or environmental concern, and should be
addressed in an aesthetically pleasing manner, when possible and
appropriate ? particularly as it relates to the impact on existing or new
residential development.
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Article 1 ? General Provision
Schertz Unified Development Code
I.Civic and Public Spaces
1.Civic buildings and civic spaces should be given prominent sites.
2.Elementary school sites should be provided as new neighborhood
developments are approved, so as to be within walking distance of a
majority of the dwelling units in adjoining neighborhoods. This should be
coordinated with the appropriate school district.
Sec. 21.1.6 Vested Rights ?Issuance of Local Permits?
Property owners who have filed a completed application or have obtained approval of any
project or permit prior to the effective date of this UDC shall be considered in compliance with
LGC Chapter 245.
Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs
A.If the City requires as a condition of approval for a property development project
that the developer bear a portion of the costs of municipal infrastructure
improvements by the making of dedications, the payment of fees, or the payment
of construction costs, the developer?s portion of the costs may not exceed the
amount required for infrastructure improvements that are roughly proportionate to
the proposed development as approved by a professional engineer who is licensed
in the State of Texas, and is retained by the municipality.
B.A developer who disputes the determination made under Subsection (a) may
appeal to the governing body of the municipality. At the appeal, the developer
may present evidence and testimony under procedures adopted by the City
Council. After hearing any testimony and reviewing the evidence, the City
Council shall make the applicable determination within thirty (30) days after the
final submission of any testimony or evidence by the developer.
C.A developer may appeal the determination of the City Council to a county or
district court of the county in which the development project is located within
thirty (30) days after the final determination by the City Council.
D.The City may not require a developer to waive the right of appeal authorized by
this section as a condition of approval for a development project.
E.A developer who prevails in an appeal under this section is entitled to applicable
costs and to reasonable attorney?s fees, including expert witness fees.
Sec. 21.1.8 Minimum Requirements
A.The provisions of this UDC shall be interpreted and applied as the minimum
requirements for the promotion of public health, safety and general welfare.
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Article 1 ? General Provision
Schertz Unified Development Code
B.Whenever the requirements of this UDC are in conflict with the requirements of
any other lawfully adopted rules, regulations, codes, or ordinances, the
requirement that is most restrictive or that imposes the higher standards, as
determined by the City Manager or his/her designee shall apply.
C.The issuance of any permit, certificate or approval in accordance with the
standards and requirements of this UDC shall not relieve the recipient of such
permit, certificate or approval from the responsibility of complying with all other
applicable requirements of any other municipality, county, special district, State
or Federal agency having jurisdiction over the structures or land uses for which
the permit, certificate or approval was issued.
Sec. 21.1.9 Effective Date
This UDC amends and restates the original Unified Development Code of the City, which had an
effective date of September 3, 1996. This amended and restated UDC shall take effect upon
adoption by the City Council on April 13, 2010 as reflected on the cover page hereof. Except as
otherwise provided in this UDC, on the effective date and thereafter, this UDC shall supersede
all prior development regulations governing the development of land within the City and its ETJ.
All development applications and proposals filed on or after the effective date of this UDC,
whether for new developments or amendments to plats and plans shall be required to meet the
standards of this UDC and shall be processed in accordance with the procedures herein.
Sec. 21.1.10 Severability
All sections, paragraphs, sentences, clauses, and phrases of this UDC are severable, and if any
such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise
invalid in any court of competent jurisdiction in a valid judgment or decree, such
unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence,
clause, or phrase of this UDC to fail or become invalid.
Sec. 21.1.11 Violations and Penalties
Any person, firm or corporation who shall violate any of the provisions of this UDC or fails to
comply therewith or who shall violate or fail to comply with any order or regulation made
hereunder, or who shall build in violation of any detailed statement of specification of plans
submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each
and every violation and noncompliance respectively be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the
appropriate legal maximum. In the case of a violation of section 21.9.9, the penalty shall be the
sum as determined above plus the value of the tree as determined by a certified arborist hired by
the City. Each and every day that such violation and/or noncompliance shall exist shall be
deemed a separate offense. In case any person, firm or corporation violates any of the provisions
of this UDC or fails to comply therewith, the City, 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, and the
definition of any violation of the terms of this UDC as a misdemeanor, shall not preclude the
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Article 1 ? General Provision
Schertz Unified Development Code
City 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.
Sec. 21.1.12 Validity
The issuance or granting of a permit or approval of plans or plats, site or facility designs, or
specifications shall not be construed to be a permit for, or an approval of, any violation of any
provision of this UDC or any other City ordinance. No permit purporting to give authority to
violate or cancel the provisions of this UDC shall be valid, except insofar as the work or use that
it authorizes is lawful and conforms to the requirements of this UDC or a variance, exception, or
modification granted pursuant to this UDC.
End of Article 1
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Article 2 ? Official Maps
Schertz Unified Development Code
Article 2Official Maps
Sec. 21.2.1 Official Zoning Map
A.There shall be a map known and designated as the Official Zoning Map, which
shall show the boundaries of all zoning districts within the City and which is by
reference made a part of this UDC. One (1) original official and five (5) copies of
the Official Zoning Map are hereby adopted bearing the affidavit of the City
Secretary and shall be filed and maintained as follows:
1.the Official Zoning Map shall be maintained by the City Planning
Department;
2.one (1) copy of the Official Zoning Map shall be maintained in the office
of the City Secretary;
3.one (1) copy of the Official Zoning Map shall be filed with the City
Building Inspection Division;
4.one (1) copy of the Official Zoning Map shall be posted in the conference
room where the City Council and Planning and Zoning Commission meet
and shall be maintained by the City Planning Department;
5.one (1) copy of the Official Zoning Map shall be posted in the City?s
public library; and
6.one (1) Zoning Map shall be posted on the City?s website.
B.The boundaries of the zoning districts as set out in Article 5 are delineated upon
the Official Zoning Map of the City; said map being a part of this UDC as fully
as if the same were set forth herein in detail.
C.All amendments to the Official Zoning Map shall be made immediately after their
enactment and the date of the change shall be the effective date of the amending
ordinance adopted by the City Council.The official copies of the zoning map
posted in accordance with section 21.2.1.A above shall be updated quarterly to
reflect changes adopted by ordinance of the City Council.
D.Should the Official Zoning Map be lost, destroyed or damaged, the Planning
Department may have a new map drawn. No further authorization or action is
required so long as no district boundaries are changed in this process.
E.Reproductions for information purposes may, from time to time, be made of the
Official Zoning Map. This map is available to the public.
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Sec. 21.2.2 District Boundary Interpretation
A.The boundaries of zoning districts are indicated upon the Official Zoning Map of
the City. Where uncertainty exists as to the boundaries of districts as shown on
the Official Zoning Map, the following rules shall apply.
1.Boundaries indicated as following the centerlines of streets, highways, or
alleys shall be construed to follow such centerlines.
2.Boundaries indicated as following platted lot lines shall be construed as
following such lot lines.
3.Boundaries indicated as following City limits shall be construed as
following such City limits.
4.Boundaries indicated as following shorelines of creeks shall be construed
to follow such shorelines; and in the event of their movement, the
boundaries shall be construed as moving with the actual shoreline.
Boundaries indicated as following the centerlines of streams, rivers,
canals, lakes or other bodies of water should be construed to follow such
centerlines.
5.Boundaries indicated as following railroad lines shall be construed to be
midway between the rails of the main line.
6.In unsubdivided property, the zoning district boundary lines on the
Official Zoning Map shall be determined by use of the scale appearing on
the map.
7.In case of a zoning district boundary line dividing a property into two (2)
parts, the property will remain divided until the property owner, city, firm
or corporation petitions the City Council for rezoning.
8.Whenever any street, alley or other public way is vacated by official
action of the City Council, the zoning district adjoining each side of such
street, alley or public way shall be automatically extended to the center of
such vacation and all area included in the vacation shall then and
henceforth be subject to all regulations of the extended districts.
End of Article 2
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Article 3Boards, Commissions and Committees
Sec. 21.3.1 General Provisions
A.Source of Authority
Authority under this UDC shall be vested in and delegated to the officials and decision-makers
designated in this Article 3, under the City Charter, the Constitution and other laws of the State
and the City?s Code of Ordinances. This authority shall be deemed supplemental to any other
authority lawfully conferred upon the officials and decision-makers. The omission of a citation
in this UDC to any authority conferred upon the officials and decision-makers under the City
Charter, the Constitution or other laws of the State or the Code or Ordinances shall not be
construed as limiting the actions of such officials and decision-makers taken in accordance with
and in reliance upon such authority.
B.Implied Authority
The officials and decision-makers shall have all implied authority necessary to carry out the
duties and responsibilities expressly delegated by this UDC to the extent the implied authority is
not in conflict with the expressly delegated authority.
C.Limitation on Authority
1.City Policy
It is the policy of the City that the standards and procedures applicable to
development of property within the City limits and within the City?s ETJ
are as stated in this UDC, notwithstanding any representation by any City
official summarizing, paraphrasing or otherwise interpreting such
standards to the contrary, whether generally or as applied to development
of specific property.
2.Representations Concerning Future Action on Petition or Application
No City official, whether an employee of the City or a member of an
appointed Board, Commission, or Committee, or a member of the City
Council, shall have the authority to make representations to a property
owner concerning the likelihood of an outcome of that official?s decision
or the decision of an appointed Board, Commission or Committee, or the
City Council, on any development application or petition that has yet to be
filed or is pending before the City for decision. An official may, however,
upon request of a person, convey information concerning that official?s
position on a pending application in accordance with procedures
established in this section. No person is entitled to rely upon any
representation made by an official in contravention of this section, and
each and every such representation shall be deemed in violation of the
policy of the City, and is not binding on the City in any respect. No
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subsequent decision of the City shall be deemed a ratification of any
representation made in contravention of this section.
3.Representations Concerning Future Amendments
No City official, whether an employee of the City or a member of an
appointed Board, Commission or Committee, or a member of the City
Council, shall have the authority to make binding representations to any
person concerning the likelihood that a change in any legislative
classification or a change in the text of this UDC as applied to a specific
tract of land will be granted, or that an existing legislative classification or
text provision will remain in effect, or that any petition for relief will be
granted. No person is entitled to rely upon any representation made by an
official in contravention of this section, and each and every such
representation shall be deemed in violation of the policy of the City, and is
not binding on the City in any respect. No subsequent decision of the City
shall be deemed a ratification of any representation made in contravention
of this section.
4.Effect of Development Standards on Liability Claims
The City?s approval of a development application under the standards and
procedures of this UDC does not guarantee or assure that development of
the property in accordance with the standards will prevent, minimize or
mitigate harm to adjoining property. A person who undertakes
development activities shall not rely on the City?s approval of a
development application as ensuring that the development activities will
not result in harm to adjoining property. The regulations contained in this
UDC constitute an exercise of the City?s governmental authority, and
approval of a development application shall not give rise to any liability
on the part of the City or its officers, agents and employees, nor will an
approval release the applicant from any liability for harm arising out of
development of the property under applicable law.
5.No Waivers
Except as expressly provided for in this UDC, no official, Board,
Commission or Committee of the City, or the City Council, shall have
authority to waive any requirement or standard for a development
application except as specifically authorized in this UDC. Any attempted
waiver of a requirement or standard for a development application in
contravention of this section shall hereby be deemed null and void, and,
upon discovery, shall be grounds for revocation of a permit or approval, or
reconsideration of a legislative decision.
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D.Conflict in Authority
1.Internal Inconsistency
Whenever one (1) or more provisions of this UDC are in apparent conflict,
the provisions shall be construed, if possible, so that effect is given to
each. If the conflict is between a general provision and a specific
provision, and the conflict is irreconcilable, the specific provision shall
prevail as an exception to the general provision, unless the general
provision is the later enactment and the manifest intent is that the general
provision should prevail.
2.Incomplete Provisions
Whenever a specific standard or procedure of this UDC is incomplete
when applied in isolation to a development application or development
activity, such standard shall be supplemented by any general or specific
provision of this UDC, the Code of Ordinances, or the City Charter in
order to give effect to the incomplete provision.
Sec. 21.3.2 City Council
A.Authority Granted
The City Council, as the governing body of the City, shall have such powers and
authority as granted by State law applicable to home rule cities, the City Charter
and the Code of Ordinances, to initiate, undertake, and decide any matters
pertaining to the regulation of the use and development of land as identified in
this UDC.
B.Duties and Approval Authority
In addition to other rights of approval, the City Council shall have final approval
authority on the following applications:
1.an application for amendment to the text or maps within the
Comprehensive Land Plan;
2.an application for amendment to the text of this UDC;
3.an application for annexation;
4.an application to establish or amend a zoning district map classification,
including creation or amendment of an overlay district;
5.an application for Historic Landmark or District Designation;
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6.an application for approval of a conceptual plan as part of a Planned
Development District;
7.an application for a Specific Use Permit;
8.an application for approval of a Development Agreement within the City?s
corporate boundaries and in the City?s ETJ;
9.an application to extend City utilities to land located in the City?s ETJ; and
10.an appeal of the decision of any City Board, Commission or Committee,
or City staff except as expressly provided for in this UDC or the Local
Government Code.
Sec. 21.3.3 Planning and Zoning Commission
A.Authority Granted
The Planning and Zoning Commission shall have such powers and authority as
granted by State law, the City Charter, the Code of Ordinances, and this UDC to
initiate, undertake, and decide any matters pertaining to the regulation of the use
and development of land as identified in this UDC.
B.Structure of the Commission and Operational Procedures
There shall be established a Planning and Zoning Commission as described in the
City Charter. Members of the Planning and Zoning Commission shall be
appointed by the City Council. The Planning and Zoning Commission may adopt
rules to govern its proceedings provided, however that such rules are not
inconsistent with this Chapter or State law. Meetings of the Planning and Zoning
Commission may be held at the call of the Chairperson or at such other times as
the Planning and Zoning Commission may determine and in accordance with the
Open Meetings Act.
C.Duties and Approval Authority
1.The Planning and Zoning Commission shall have the authority to review
and make a recommendation to the City Council on the following
applications:
a.an application for amendment to the text or maps in the
Comprehensive Land Plan;
b.an application for amendment to the text of this UDC;
c.an application for a Development Agreement as set forth in the
LGC and this UDC;
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d.an application to establish or amend a zoning district map
classification, including creation or amendment of an overlay
district; and
e.an application for approval of a rezoning request including an
application for a Specific Use Permit.
2.The Planning and Zoning Commission shall have final approval authority
on the following applications:
a.an application for a preliminary plat;
b.an application for a final plat;
c.an application for an amending plat;
d.an application for a minor plat;
e.an application for a replat;
f.variances relating to Article 12, Subdivisions; and
g.an application for Subdivision Master Plan.
3.The Planning and Zoning Commission shall keep accurate minutes of each
meeting which shall be maintained within the office of the City Secretary.
Sec. 21.3.4 Board of Adjustment
A.Authority Granted
The Board of Adjustment (BOA) shall have such powers and authority as granted
by State law, the City Charter, the Code of Ordinances, and this UDC to initiate,
undertake, and decide any matters pertaining to the regulation of the use and
development of land as identified in this UDC.
B.Structure of the BOA
1.Composition and Term
The BOA shall consist of five (5) members who shall be appointed by the
City Council. Each member of the BOA shall be appointed for a term of
two (2) years. All cases before the BOA must be heard by at least four (4)
of the five (5) members of the BOA. The City Council may provide for
the appointment of alternate BOA members to serve in the absence of one
(1) or more regular members. Alternate members shall be appointed for
the same period of time as a regular member.
2.Removal of BOA Members
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The City Council may remove a BOA member for cause, as found by the
City Council, on a written charge after a public hearing. Such causes may
include three (3) consecutive unexcused absences from regularly called
meetings. A vacancy on the BOA shall be filled by appointment by the
City Council for the unexpired term.
3.Officers of the BOA
The BOA members shall elect a Chairperson, Vice-Chairperson, Secretary
and other officers they deem necessary. The Chairperson and Vice-
Chairperson shall be elected from the membership of the BOA. The
Secretary and such other officers may be selected either from the BOA?s
membership or from City staff representatives assigned to work with the
BOA.
4.Rules and Meetings
The BOA, by majority vote, shall adopt rules to govern its proceedings.
All meetings of the BOA shall be conducted in accordance with the Open
Meetings Act. Meetings of the BOA shall be held at the call of the Chair
and at other times as determined by the BOA.
5.Minutes
The BOA shall keep minutes of its proceedings that indicate the vote of
each member on each question or the fact that a member is absent or fails
to vote. The BOA shall keep records of its examinations and other official
actions. The minutes and records of the BOA shall be filed in the office of
the City Secretary. The minutes of the BOA shall be filed in the official
records of the City immediately after approval of said minutes.
6.Vote Required for Decisions
In exercising its authority under section 21.3.4.C below, the BOA may
reverse or affirm, in whole or in part, or modify the administrative
official?s order, requirement, decision, or determination from which an
appeal is taken and make the correct order, requirement, decision, or
determination, and for that purpose the BOA has the same authority as the
administrative official.
The concurring vote of four (4) of the five (5) members of the BOA is
necessary to:
a.reverse an order, requirement, decision or determination of an
administrative official;
b.decide in favor of an applicant on a matter on which the BOA is
required to pass under this UDC; or
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c.authorize a variation from the terms of a zoning regulation.
C.Duties and Approval Authority
The BOA shall have the following duties:
1.The BOA shall hear and decide appeals when error is alleged in any order,
requirement, decision or determination made by an administrative official
of the City in the enforcement of this UDC or an ordinance adopted under
this UDC.
2.The BOA may authorize, in specific cases, a variance from this UDC,
unless specified otherwise, if the variance is not contrary to the public
interest and, due to special conditions, a literal enforcement of this UDC
or an ordinance adopted hereunder would result in unnecessary hardship,
and so that the spirit of this UDC or an ordinance adopted hereunder is
observed and substantial justice is done. A variance shall not be granted
to relieve a self-created or personal hardship, nor shall it be based solely
on economic gain or loss, nor shall it permit any person a privilege in
developing a parcel of land not permitted by this UDC to other parcels of
land in the district. In order to make a finding of hardship and grant a
variance from the zoning regulations of this UDC, the BOA must
determine the following:
a.the requested variance does not violate the intent of this UDC or its
amendments;
b.special conditions of restricted area, topography or physical
features exist that are peculiar to the subject parcel of land and are
not applicable to other parcels of land in the same zoning district;
c.the hardship is in no way the result of the applicant?s own actions;
or
d.the interpretation of the provisions in this UDC or any amendments
thereto would deprive the applicant of rights commonly enjoyed by
other properties in the same zoning district that comply with the
same provisions.
3.The BOA shall hear and decide other matters as authorized by the City
Council and deemed necessary in pursuit of the spirit and intent of this
UDC.
4.Permit the reconstruction, extension or enlargement of a building occupied
by nonconforming uses, on a lot or tract occupied by such building,
provided such reconstruction, extension or enlargement does not prevent
the return of such property to a conforming use.
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5.Permit the extension of or enlargement of a building occupied by a
nonconforming use, under such conditions as the BOA may deem
necessary in order to protect other properties in the neighborhood,
provided such extension or enlargement:
a.does not prevent the return of such property to a conforming use;
b.does not exceed twenty-five percent (25%) of the ground area of
the existing building;
c.will not prevent compliance with applicable side yard
requirements; and
d.does not allow such building to be used for any use which would
normally be restricted to a more restrictive classification.
6.Require the discontinuance of a nonconforming use of land or structure
under any plan whereby the full value of the structure and facilities can be
amortized within a definite period of time, taking into consideration the
general character of the neighborhood and the necessity for all property to
conform to the regulations of this UDC. All actions to discontinue a non-
conforming use of land or structure shall be taken with due regard for the
property rights of the persons affected when considered in light of the
public welfare and the character of the area surrounding the designated
nonconforming use and the conservation and preservation of property.
The BOA may, from time to time, on its own motion, or upon cause
presented by interested property owners, inquire into the existence,
continuation or maintenance of any nonconforming use within the City.
D.Appeals
1.Procedure
As granted under LGC section 211.010, appeals of a decision of an
administrative official of the City may be taken to and before the BOA by
any person aggrieved by the decision, or by any officer, department, or
board of the City. Such appeal must be filed with the BOA and shall
include written notice of the appeal and specify the grounds for the appeal.
The appeal must be filed within the time period determined by the rules of
the BOA. On receiving the notice, the office of the BOA shall
immediately transmit to the BOA all papers constituting the record of the
action that is appealed.
2.Stay of Proceedings
An appeal shall stay all proceedings in furtherance of the action that is
appealed unless the office of the BOA certifies in writing to the BOA facts
supporting the administrative official?s opinion that a stay would cause
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imminent peril to life or property, in which case, the proceedings may be
stayed only by an appropriate court.
3.Hearings of Appeals
The BOA shall set a reasonable time for the appeal hearing and shall give
public notice of the hearing and due notice to the parties in interest. A
party may appear at the appeal hearing in person or by agent or attorney.
The BOA shall decide the appeal within a reasonable time.
E.Appeals of BOA Decisions
1.Procedure
As granted under LGC section 211.011, any person or persons aggrieved
by any decision of the BOA, or any taxpayer or any officer, department, or
board of the City may present to an appropriate court a verified petition
stating that the decision of the BOA is illegal in whole or in part and
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 BOA.
2.Writ of Certiorari
Upon the presentation of the petition, the court may grant a writ of
certiorari directed to the BOA to review the BOA?s decision. The writ
must indicate the time by which the BOA?s return must be made and
served on the petitioner?s attorney, which must be after ten (10) days and
may be extended by the court. Granting of the writ does not stay the
proceedings on the decision under appeal, but on application and after
notice to the BOA, the court may grant a restraining order if due cause is
shown.
3.Return of Certified Copies
The BOA?s return must be verified and must concisely state any pertinent
and material facts that show the grounds of the decision under appeal. The
BOA is not required to return the original documents on which the BOA
acted but may return certified or sworn copies of the documents or parts of
the documents as required by the writ.
4.Hearing and Testimony
If at the hearing the court determines that testimony is necessary for the
proper disposition of the matter, it may take evidence or appoint a referee
to take evidence as directed. The referee shall report the evidence to the
court with the referee?s findings of fact and conclusions of law. The
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referee?s report constitutes a part of the proceedings on which the court
shall make its decision.
5.Decision of the Court
The court may reverse or affirm, in whole or in part, or modify the
decision that is appealed. Costs may not be assessed against the BOA
unless the court determines that the BOA acted arbitrarily, capriciously,
discriminatorily, with gross negligence, in bad faith, or with malice in
making its decision.
Sec. 21.3.5 Administrative Authority
A.Authority Granted
The City Manager or his/her designees shall have such powers and authority as
granted by State law, the City Charter, the Code of Ordinances, and this UDC to
initiate, undertake, and decide any matters pertaining to the regulation of the use
and development of land as identified in this UDC and are authorized to take all
actions necessary to carry out their responsibilities in accordance with the
requirements and limitations prescribed therein.
B.Administrative Structure
The City Manager is designated as the chief administrative official of the City.
The City Manager, at his/her discretion, may designate the director of any
department or other employee as the administrative authority responsible for
consideration of any item deemed appropriate by the City Manager.
C.Duties and Approval Authority
1.The City Manager or his/her designee shall have the authority to review
and make a recommendation to the City Manager on the following
applications:
a.an application for amendment to the text or maps in the
Comprehensive Land Plan;
b.an application for amendment to the text of this UDC;
c.an application for annexation;
d.an application to establish or amend a zoning district map
classification, including creation or amendment of an overlay
district;
e.an application for Historic Landmark or District Designation;
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f.an application for approval of a conceptual plan as part of a
Planned Development District;
g.an application for a Specific Use Permit;
h.an application for approval of a Development Agreement within
the City?s corporate boundaries and in the City?s ETJ;
i.an application to extend City utilities to land located in the City?s
ETJ;
j.an appeal of the decision of any City Board, Commission,
Committee or staff as authorized by this UDC;
k.an application for a Subdivision Master Plan;
l.an application for a preliminary plat;
m.an application for a final plat;
n.an application for an amending plat;
o.an application for a minor plat;
p.an application for a replat;
q.an application for a Site Plan; and
r.an application for a variance, appeal or other application to be
considered by the BOA.
2.The City Manager or his/her designee shall have final approval authority
on the following applications:
a.an application for a minor plat, as authorized by this UDC and
LGC Section 212.0065;
b.an application for an Amending Plat, as authorized by this UDC,
and LGC Section 212.0065;
c.an application for a site plan; and
d.other applications as authorized by this UDC.
3.A record of any action taken with respect to final approval of a
development application shall be provided to the appropriate Board,
Commission, Committee or City Council for review.
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Sec. 21.3.6 Other Boards, Commissions and Committees
A.Parks and Recreation Advisory Board
1.Authority Granted
A Parks and Recreation Advisory Board (Parks Board) has been created
by the City Council. The Parks Board shall have such power and authority
as granted by the City Council in establishing the Parks Board, by State
law, by the City Charter, by the Code of Ordinances, and by this UDC to
initiate, undertake, and make recommendations on any matters pertaining
to the regulation of the use and development of parks and recreation areas
in the City.
2.Structure of the Parks Board
The structure of the Parks Board shall be as set forth by the City Council
in the establishing the Parks Board or by any rules and regulations adopted
by the Parks Board not in conflict with the City Council?s action relating
to the structure and function thereof.
3.Duties and Approval Authority
The Parks Board shall serve as an advisory board to the City Council and
may review and make recommendations on the following matters:
a.suitability of parkland dedication, including fee-in-lieu of
consideration;
b.parks and recreation improvements and amenities included with
any parkland dedication; and
c.creation, amendment or updates to the Parks and Open Space
Master Plan of the City.
B.Historic Preservation Committee
1.Authority Granted
An Historic Preservation Committee (Historic Committee) has been
created by the City Council. The Historic Committee shall have such
powers and authority as granted by the City Council in establishing the
Historic Committee, by State law, the City Charter, the Code of
Ordinances, and this UDC to initiate, undertake, and make
recommendations on any matters pertaining to the regulation of and the
use of areas or buildings and structures of historic significance in the City.
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2.Structure of the Historic Committee
The structure of the Historic Committee shall be as set forth by the City
Council in establishing the Historic Committee or by any rules and
regulations adopted by the Historic Committee not in conflict with the
City Council?s action relating to the structure and function thereof.
3.Duties and Approval Authority
The Historic Committee shall have those duties and approval authority as
set forth by the City Council in establishing the Historic Committee.
C.Traffic Safety Advisory Commission
1.Authority Granted
The Traffic Safety Advisory Commission (TSAC) has been created by the
City Council. The TSAC shall have such powers and authority as granted
by the City Council in establishing the TSAC.
2.Structure of the TSAC
The structure of the TSAC shall be as set forth by the City Council in
establishing the TSAC, by the by-laws of the TSAC or by any other rules
and regulations adopted by the TSAC not in conflict with the City
Council?s action relating to the structure and function thereof.
3.Duties and Approval Authority
The TSAC shall serve as an advisory commission to the City Council and
is established to investigate safety issues and make recommendations with
respect to City roadways and to improve the City?s quality of life through
a citizen/government partnership that promotes safe and secure roads,
which provide convenience, recreational and leisure activities and
continued beautification of the City. The duties of the TSAC are
established within the by-laws adopted by the TSAC and may include, but
are not limited to, the following duties:
a.coordinate and communicate with the various Boards,
Commissions, Committees and the City Council on all matters
related to transportation and traffic safety;
b.develop safety materials to be used for promotional activities;
c.develop research materials needed for promotion of transportation
and traffic safety;
d.develop a transportation and traffic safety plan for the City;
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e.review all existing and proposed transportation and traffic
ordinances and make recommendations to the City Council;
f.develop and sponsor transportation and traffic safety courses for
the citizens of the City; and
g.participate in fact finding trips, conferences, and seminars related
to transportation and traffic safety.
End of Article 3
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Article 4Procedures and Applications
Sec. 21.4.1 Purpose and Intent
The purpose of this Article is to establish application procedures, internal review procedures,
public notice and hearing procedures, and review criteria for the processing of applications and
actions that affect the development and use of property subject to the jurisdiction of the City of
Schertz.
Sec. 21.4.2 Initiation of Application
A.Application Submittal
All development applications to be considered by any Board, Commission or
Committee, or by the City Council shall be initiated by the filing of the
application by the owner of the property on which the permit is applicable or by
the owner?s designated agent. In the event an application is submitted by a
designated agent, the application must be accompanied by a written statement,
signed by the owner, authorizing the agent to file the application on the owner?s
behalf.
B.Determination of Application Completeness
1.All development applications shall be subject to a determination of
completeness by the director of the appropriate City department.
2.No application shall be deemed complete and accepted for processing
unless it is accompanied by all documents required by and prepared in
accordance with the requirements of this UDC. For a determination of
completeness to be issued, an application must include the following:
a.payment of the appropriate fee;
b.an accurate metes and bounds description of the subject property
(or other suitable legal description, identifying the property as a lot
of record);
c.a survey exhibit and other appropriate exhibits as identified in this
Article for the individual permit; and
d.any additional documents, forms or other materials required by the
City Manager or his/her designee or identified in this UDC for the
processing of a specific development application.
3.The director of the appropriate City department may from time to time
identify additional requirements for a complete application that are not
contained within but are consistent with the application contents and
standards set forth in this UDC.
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4.A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this UDC.
5.Not later than the tenth (10th) business day after the date an application is
submitted, the director of the appropriate City department shall make a
written determination whether the application constitutes a complete
application. This shall include a determination that all information and
documents required by this UDC for the type of permit being requested or
other requirements have been submitted. A determination that the
application is incomplete shall be mailed to the applicant within such time
period by United States Mail at the address listed on the application. The
determination shall specify the documents or other information needed to
complete the application and shall state that the application will expire if
the documents or other information are not submitted within forty-five
(45) days after the date the application was submitted.
6.An application filed on or after the effective date of this amended and
restated UDC shall be deemed complete on the eleventh (11th) business
day after the application has been received, if the applicant has not
otherwise been notified that the application is incomplete. For purposes of
this section, the applicant shall be deemed to have been notified if the City
has mailed a copy of the determination as provided in paragraph 5 above.
7.The processing of an application by any City employee prior to the time
the application is determined to be complete shall not be binding on the
City as the official acceptance of the application for filing. However, this
application may be denied for incompleteness within the forty-five (45)
day period.
8.A development application shall be deemed to expire on the forty-fifth
(45th) day after the application is submitted to the City Manager or his/her
designee for processing if the applicant fails to provide documents or other
information necessary to meet the requirements of this UDC or other
requirements as specified in the determination provided to the applicant.
Upon expiration, the application will be returned to the applicant together
with any accompanying documents. Thereafter, a new application must be
submitted.
9.No vested rights accrue solely from the filing of an application that has
expired pursuant to this section, or from the filing of a complete
application that is subsequently denied.
C.Application Withdrawal
Any request for withdrawal of an application must be submitted in writing to the
director of the appropriate City department. If notification is required for the
application and has been properly given via publication in the newspaper and/or
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written notification to surrounding property owners, such application must be
placed on the agenda. The staff representative shall notify the Board,
Commission, Committee or the City Council of the request for withdrawal. The
Board, Commission, Committee or the City Council may, at its discretion, accept
the request for withdrawal of the application by general consent of the members.
Application fees are not refundable unless reimbursement is otherwise authorized
by the director of the appropriate City department.
Sec. 21.4.3 Notice Requirements
A.Published Notice
Whenever published notice of a public hearing before a Board, Commission,
Committee or the City Council is required, the City Manager or his/her designee
shall cause notice to be published in an official newspaper or a newspaper of
general circulation in the City before the fifteenth (15th) day before the date set
for the required hearing. Said notice shall set forth the date, time, place and
purpose of the hearing as required under LGC section 211.006(a).
B.Written Notice
Whenever written notice of a public hearing before a Board, Commission,
Committee or the City Council is required, before the tenth (10th) day before the
hearing date, the City Manager or his/her designee shall cause written notice to be
sent to each owner, as indicated by the most recently approved municipal tax roll,
of real property within 200 feet of the exterior boundary of the property in
question. Said notice shall set forth the date, time, place and purpose of the
hearing as required under LGC section 211.007(c). The notice may be served by
its deposit, properly addressed with postage paid, in the United States mail. If the
property within 200 feet of the property in question is located in territory within
the City and is not included on the most recently approved municipal tax roll,
notice to such owners shall be given by one (1) publication in an official
newspaper or a newspaper of general circulation in the municipality at least
fifteen (15) days before the date of the hearing. Failure of owners to receive
notice of hearing shall in no way affect the validity of the action taken.
Sec. 21.4.4 Public Hearings
A.Public Hearing Required
Whenever a public hearing is required, the City Manager or his/her designee shall
establish the date, time and place of the public hearing and shall cause any notice
required under section 21.4.3 of this Article to be prepared and made accordingly.
B.Conduct of Hearing
Any person may appear at the public hearing and submit evidence, either
individually or as a representative of an organization. Each person who appears at
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a public hearing shall state his or her name, address, and if appearing on behalf of
an organization, state the name and mailing address of the organization for the
record. Subject to the chairperson?s inherent authority to conduct meetings,
public hearings shall generally be conducted as follows.
1.The City staff may present a description of the proposed project and a
written or oral recommendation, if required. Any written recommendation
shall be available to the public at the time that the agenda packet for the
body conducting the hearing is compiled.
2.The applicant may present any information it deems appropriate.
3.Testimony in support of the application may be presented by any
individual who expresses an interest in the proposed project.
4.Testimony in opposition to the application may be presented by any
individual who expresses an interest in the proposed project.
5.At the discretion of the chairperson, the City staff and the applicant may
respond to any statement by the public.
6.The body conducting the hearing may exclude testimony or evidence that
it finds to be irrelevant, immaterial or unduly repetitious.
7.At the sole discretion of the chairperson of the body conducting the
hearing, an individual may be permitted to pose relevant questions to staff,
the applicant or the body conducting the hearing, as directed by the
chairperson.
8.The public hearing shall be closed.
9.The advisory body (i.e. Board, Commission or Committee) shall make a
recommendation.
10.The advisory body (i.e. Board, Commission or Committee) shall prepare a
written report with its recommendations to the City Council.
C.Continuance of Hearing
The body conducting the hearing may, on its own motion or at the request of any
person, for good cause, continue the hearing to a fixed date, time and place.
Except as required by the Texas Open Meetings Act or other applicable law, no
notice shall be required if a hearing is continued. If a public hearing is closed, no
further public testimony shall be taken.
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D.Additional Rules
The body conducting the hearing may adopt additional rules of procedure and
may apply such additional rules to govern the public hearing which are not
inconsistent with this section.
E.Joint Public Hearing
Unless otherwise prescribed in this UDC, whenever an application must be
preceded by a public hearing both before an advisory body (i.e. Board,
Commission and/or Committee) and before the City Council, the advisory body
and the Council may conduct a joint public hearing and take action on the
application in the following manner.
1.The City Council shall establish the date of the joint public hearing by
motion at a regular or special meeting.
2.The City Council shall cause notice of the joint public hearing to be
provided as required by this UDC and the Texas Open Meetings Act and,
by a vote of two-thirds of its members, may prescribe the type of notice
for the joint public hearing.
3.The advisory body (i.e. Board, Commission and/or Committee) and the
City Council shall be convened for the hearing and for any action to be
taken on the petition or application.
4.The advisory body (i.e. Board, Commission and/or Committee) and the
City Council may take action on the application at the same meeting,
provided that the City Council shall not take action until the written report
and recommendation of the advisory body (i.e. Board, Commission and/or
Committee) has been received.
Sec. 21.4.5 Post-Decision Procedures
A.Notification Required
Within ten (10) business days following final action on any development
application, the appropriate City Department shall provide written notification to
the applicant of the decision of the Board, Commission, Committee or the City
Council considering the request. If an application has been denied, the
notification should include the reasons for denial as well as any information
relating to reapplication procedures for the appropriate application.
B.Reapplication Following Denial
Whenever any development application, with the exception of any plat
application, is denied, a development application for all or a part of the same
property shall not be accepted for filing for a period of six (6) months after the
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date of denial unless the subsequent application involves a proposal that is
substantially different from the previously denied proposal. For the purpose of
this section, a request may be considered substantially different if the change is to
a different zoning classification, there is a change in conditions relating to zoning
principles of the property or surrounding properties or there is a change in the
nature of the development of the property or surrounding properties. The City
Manager or his/her designee shall resolve any questions concerning the similarity
of the reapplication. The final decision-maker may, at its option, waive the six (6)
month waiting period if, after due consideration of the matter at a scheduled and
posted meeting, it is determined that denial of the request was based upon
erroneous or omitted information, or if substantial new information pertaining to
the request is discovered.
C.Amendments and Revisions to Approved Application
Unless otherwise expressly provided by this UDC, any request to amend or revise
an approved development application shall be considered a new application,
which must be decided in accordance with the procedures governing the original
application and the standards in effect at the time such new application is filed
with the City.
D.Amendments Required
Whenever a subsequent development application differs substantially from a
previously approved development application to which the subsequent application
must conform, the applicant shall submit an amended development application for
the initial development application, which shall be decided prior to the subsequent
application. The applicant?s failure to comply with this section shall result in
denial of the subsequent application
Sec. 21.4.6 Comprehensive Land Plan Amendment
A.Applicability
The Comprehensive Land Plan of the City reflects the long-term plan for growth
and development of the City. The City Council may, from time to time, on its
own motion, by request of the City Manager or his/her designee or by application
from a property owner, amend, supplement, change, modify or repeal the text of
the Comprehensive Land Plan or may amend the boundaries shown on the Future
Land Use Map, Master Thoroughfare Plan or any other applicable maps contained
in the Comprehensive Land Plan. Approved amendments to the Comprehensive
Land Plan authorize a property owner to submit subsequent development
applications consistent with the amendment.
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B.Application Requirements
1.Application Required
Any request for an amendment to the Comprehensive Land Plan shall be
accompanied by a completed Planning Department Development
Application.
2.Accompanying Applications
Any request for amendment of the Future Land Use Map submitted by a
property owner may be accompanied by an application for a zoning
change consistent with requested Future Land Use Map amendment for
land within the City limits, or by a Subdivision Master Plan, for land
within the ETJ. Approval of an amendment to the Comprehensive Land
Plan shall require all subsequent development applications to be
consistent with the approved amendments.
C.Processing of Application and Decision
1.Submittal
An application for an amendment to the Comprehensive Land Plan shall
be submitted to the Planning Department. The City Manager or his/her
designee shall review the application for completeness in accordance with
section 21.4.2 of this Article. The City Manager or his/her designee may,
at its option, request a recommendation from any other City Department or
consultant. The City Manager or his/her designee shall notify the
applicant of items requiring correction or attention before providing a
recommendation on the application. After appropriate review, the City
Manager or his/her designee shall forward a written recommendation to
the Planning and Zoning Commission for consideration.
2.Notification Requirements
An application for an amendment to the Comprehensive Land Plan
requires the following notification in accordance with section 21.4.3 of
this Article:
a.written notice prior to consideration by the Planning and Zoning
Commission; and
b.published notice prior to consideration by the City Council.
3.Commission Recommendation
The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 of this
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Article and make a written recommendation regarding a proposed
amendment to the Comprehensive Land Plan to the City Council. The
Planning and Zoning Commission may recommend approval, approval
with conditions, or denial of the amendment.
4.Decision by City Council
The City Council shall receive the written recommendation of the
Planning and Zoning Commission regarding a proposed amendment to the
Comprehensive Land Plan and shall hold a public hearing in accordance
with the Texas Open Meetings Act and section 21.4.4 of this Article. The
City Council may vote to approve, approve with conditions, or deny the
amendment.
D.Criteria for Approval
The Planning and Zoning Commission, in making its recommendation, and the
City Council, in considering final action on an amendment to the Comprehensive
Land Plan, should consider the following criteria:
1.the proposed amendment promotes the health, safety, or general welfare of
the City and the safe, orderly, efficient and healthful development of the
City;
2.an amendment to the text is consistent with other policies of the
Comprehensive Land Plan, taking into account the nature of any proposed
map amendment associated with the text amendment;
3.an amendment to the Future Land Use Map, Master Thoroughfare Plan or
any other applicable maps contained in the Comprehensive Land Plan is
consistent with the policies of the Comprehensive Land Plan that apply to
the map being amended, taking into account the nature of any proposed
land use associated with the map amendment;
4.any proposed amendment is consistent with the goals and objectives of the
Comprehensive Land Plan;
5.any proposed amendment addresses circumstances that have changed
since the last time the plan map or text was considered, implements plan
policies better than the current plan map or text corrects a mapping error
or addresses a deficiency in the plan; and
6.other criteria which, at the discretion of the Planning and Zoning
Commission and City Council, are deemed relevant and important in the
consideration of the amendment.
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Sec. 21.4.7 Unified Development Code Amendment
A.Applicability
The provisions of this section apply to any request for an amendment to the text
of this UDC. The City Council may, from time to time, on its own motion, or at
the request of the City Manager or his/her designee, amend, supplement, change,
modify or repeal the text of any portion of this UDC in order to establish and
maintain sound, stable and desirable development within the jurisdiction of the
City. The provisions of this section shall exclude amendments to any appendix
which may be amended by general consent of the City Council.
B.Application Requirements
Requests for amendments to the text of this UDC may be initiated by the request
of the Planning and Zoning Commission, the City Council or the City Manager on
his/her own initiative. A request for an amendment to the text of this UDC shall
be accompanied by a completed Development Application.
C.Processing of Application and Decision
1.Submittal
An application for an amendment to the text of this UDC shall be
submitted to the City Manager or his/her designee. The City Manager or
his/her designee shall review the application and may direct the proposed
amendment to any other City Departments or consultant for review and
recommendation. After appropriate review, the City Manager or his/her
designee shall forward a recommendation to the Planning and Zoning
Commission for consideration.
2.Notification Requirements
An application for an amendment to the text of this UDC requires
published notice prior to consideration by the City Council.
3.Commission Recommendation
The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 of this
Article and make a written recommendation regarding a proposed
amendment to the text of this UDC to the City Council. The Planning and
Zoning Commission may recommend approval, approval with conditions,
or denial of the amendment.
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4.Decision by City Council
The City Council shall receive the written recommendation of the
Planning and Zoning Commission regarding a proposed amendment to the
text of this UDC and shall hold a public hearing in accordance with the
Texas Open Meetings Act and Sec. 21.4.4 of this Article. The City
Council may vote to approve, approve with conditions, or deny the
amendment. Such amendment shall be by ordinance, and the identifying
number of any such ordinance shall be noted on the cover of this UDC.
D.Criteria for Approval
The Planning and Zoning Commission, in making its written recommendation,
and the City Council, in considering final action on an amendment to the text of
this UDC, should consider the following criteria:
1.the proposed amendment promotes the health, safety, or general welfare of
the City and the safe, orderly, efficient and healthful development of the
City;
2.an amendment to the text is consistent with other policies of this UDC and
the City;
3.any proposed amendment is consistent with the goals and objectives of
this UDC and the City; and
4.other criteria which, at the discretion of the Planning and Zoning
Commission and the City Council, are deemed relevant and important in
the consideration of the amendment.
E.Non-Substantive Amendments
Notwithstanding the other provisions of this section, the City Council may by
resolution correct spelling or punctuation errors, cross-reference errors, and other
matters herein determined by the City Attorney to be non-substantive without
complying with the foregoing provisions of this section. The number of any such
resolution shall be noted on the cover of this UDC.
Sec. 21.4.8 Annexation
A.Applicability
Annexation may be voluntary or involuntary and shall be required to meet all
requirements of the LGC for each type of annexation.
The provisions of this section apply to any request for voluntary annexation by a
property owner wishing to extend the corporate limits of the City to incorporate
property adjacent to the City?s existing municipal boundaries.
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B.Application Requirements
1.Application Required
A request for annexation shall be accompanied by an application prepared
in accordance with the Development Services Department Development
Manual.
2.Accompanying Applications
Any request for annexation shall be accompanied by an application to
establish the initial zoning on the property. An application to establish the
zoning may be considered at the same meeting as the annexation request
so long as the ordinance providing for annexation is acted on prior to any
action on the zoning request. In the event that an application for
annexation is considered concurrently with the application for zoning, the
Planning and Zoning Commission may consider the zoning request and
provide a written recommendation to the City Council so long as the City
Council has adopted the annexation ordinance.
C.Processing of Application and Decision
1.Submittal
An application for annexation shall be submitted to the City Manager or
his/her designee. The City Manager or his/her designee shall review the
application for completeness in accordance with section 21.4.2 of this
Article. The City Manager or his/her designee may, at its option, request a
recommendation from any other City Department or consultant. The City
Manager or his/her designee shall notify the applicant of items requiring
correction or attention before providing a recommendation on the
application. After appropriate review, the City Manager or his/her
designee shall forward a written recommendation to the City Council for
consideration.
2.Development Agreement
The City Manager or his/her designee shall comply with the approval. The
City Council shall comply with LGC section 43.035.
3.Notification Requirements
The City Manager or his/her designee shall provide notification in
accordance with LGC section 43.062.
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4.Service Plan Required
The City Manager or his/her designee shall prepare an annexation service
plan in accordance with LGC section 43.056.
5.Decision by City Council
The City Council shall hold two (2) public hearings in accordance with
LGC section 43.063 and shall take final action as required in LGC.
6.Other Procedures Applicable
A request for annexation is subject to all applicable rules and procedures
required by State Law. In the event of a conflict between the requirements
of this UDC and State law, the requirements of State law shall apply.
D.Criteria for Approval
When considering a request for voluntary annexation, the City Council should
consider the following criteria:
1.the application is consistent with the requirements of State law and this
UDC;
2.the annexation promotes the health, safety, or general welfare of the City
and the safe, orderly, efficient and healthful development of the City;
3.the property owners and residents of the area consent to the annexation;
4.the application includes a service plan as required by section 21.4.8.C.4
above;
5.the annexation is consistent with the goals and objectives of the
Comprehensive Land Plan; and
6.other criteria which, at the discretion of the Planning and Zoning
Commission and the City Council, are deemed relevant and important in
the consideration of the amendment.
Sec. 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts and
Certificates of Appropriateness
A.Applicability
The purpose of this section is to recognize and encourage the preservation of
those areas or specific buildings or structures of historical significance to the City.
This section allows for the designation of historic landmarks, the creation of
historic districts and the requirements for certificates of appropriateness. The City
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Council has established an Historic Preservation Committee as set forth in section
21.3.6.B.
B.Application Requirements
Any request for the designation of an historic landmark, the creation of an historic
district or a certificate of appropriateness shall be accompanied by a completed
Development Application.
C.Processing of Application and Decision
1.Submittal
All applications under this section shall be submitted to the City Manager
or his/her designee. The City Manager or his/her designee shall review
the application for completeness in accordance with section 21.4.2. The
City Manager or his/her designee may, at his/her option, request a
recommendation from any other City Department or consultant. The City
Manager or his/her designee shall notify the applicant of items requiring
correction or attention before providing a written recommendation on the
application.
2.Approval Procedures
The procedure for the designation of an historic landmark, the creation of
an historic district or a certificate of appropriateness shall be in accordance
with the procedures set forth by City Council in establishing the Historic
Preservation Committee.
Sec. 21.4.10 Development Agreements
A.Applicability
The purpose of a Development Agreement is to determine whether the City
wishes to authorize a plan of development for land located within its ETJ, to
prescribe land uses, environmental standards, development standards and public
facilities standards governing development of the land for the term of the
agreement, to provide for the delivery of public facilities to the property and to
provide for annexation of the property to the City. A Development Agreement
may be approved for land located in the ETJ of the City in accordance with LGC
section 212.172.
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B.Application Requirements
1.Application Required
Any application for a Development Agreement shall be accompanied by
an application prepared in accordance with the Development Services
Department Development Manual.
2.Accompanying Applications
An application for a Development Agreement shall be accompanied by a
Preliminary Plat prepared in accordance with section 21.12.7 of this UDC.
Approval of a Preliminary Plat as part of a Development Agreement shall
meet the requirements for Preliminary Plat approval under section 21.12.7.
C.Processing of Application and Decision
1.Submittal
An application for a Development Agreement shall be submitted to the
City Manager or his/her designee. The City Manager or his/her designee
shall review the application for completeness in accordance with section
21.4.2.
2.Preparation and Negotiation of Development Agreement
An application for a Development Agreement shall be prepared in
accordance with LGC section 212.172. After review by the City staff, the
application and accompanying plans shall be transmitted to the office of
the City Attorney for review. After appropriate review by all parties, a
recommendation shall be forwarded to the Planning and Zoning
Commission for review and recommendation. The City Council shall
have the final authority for approval of a Development Agreement.
3.Commission Recommendation
The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and
make a written recommendation regarding a proposed Development
Agreement to the City Council. The Planning and Zoning Commission
may recommend approval, approval with conditions, or denial of the
agreement. The Planning and Zoning Commission may, on its own
motion or by request of the property owner, postpone consideration of the
request to a certain date that is not more than thirty (30) calendar days
after the date of the current consideration in order to review additional
information or modifications which may have a direct bearing on the
recommendation to the City Council.
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4.Decision by City Council
The City Council shall receive the written recommendation of the
Planning and Zoning Commission regarding a proposed Development
Agreement and shall hold a public hearing in accordance with the Texas
Open Meetings Act and section 21.4.4. The City Council may vote to
approve, approve with conditions, or deny the Development Agreement.
The City Council may, on its own motion or by request of the property
owner, postpone consideration of the request to a certain date that is not
more than thirty (30) calendar days after the date of the current
consideration in order to review additional information or modifications
which may have a direct bearing on the final decision. If the City Council
approves the Development Agreement, it shall approve the agreement by
appropriate action that authorizes the City Manager to execute the
agreement on behalf of the City following execution by the property
owner. Unless otherwise specified by the City Council, the property
owner shall accept the Development Agreement and accompanying
Preliminary Plat within ten (10) working days after the date the City
Council?s action is adopted. If not executed by the property owner within
such period, the Council?s approval shall be deemed void.
5.Recording Development Agreement
The approved Development Agreement shall be recorded in the real
property records of each county in which land subject to the agreement is
located.
Sec. 21.4.11 Utility Service Extension
A.Applicability
A request for approval of a utility extension shall be required where a property
owner seeks water or wastewater services from the City for a proposed project
that will be located within the City?s ETJ at the time of the proposed extension
and subsequent development. Approval of a request for a utility extension
authorizes the City to annex the property, and authorizes the property owner to
submit development applications consistent with the capacity of the facilities to
be extended, and upon approval of the applications, to construct extensions of the
facilities in accordance with the terms of the approved utility service extension
request.
B.Application Requirements
1.Application Required
Any application for Utility Service Extension shall be accompanied by a
completed Development Application.
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2.Accompanying Applications
a.An application for Utility Service Extension shall be accompanied
by a request for voluntary annexation. The City may, at its option,
elect to annex the property upon request or may delay the
annexation until such time the City deems necessary to promote
the health, safety or general welfare of the City and the safe,
orderly, efficient and healthful development of the City.
b.An application for Utility Service Extension may be accompanied
by an application for a Subdivision Master Plan prepared in
accordance with section 21.12.5. A Subdivision Master Plan may
not be approved until final approval of the Utility Service
Extension by the City Council.
C.Processing of Application and Decision
1.Submittal
A request for Utility Service Extension shall be submitted to the City
Engineer. The City Engineer shall review the application for
completeness in accordance with section 21.4.2.
2.Review and Processing of Request
The City Engineer shall circulate the application among applicable City
Departments for review and recommendation. The City Engineer shall
evaluate the request for consistency with the approval criteria and shall
prepare a written recommendation to be forwarded to the City Council.
The recommendation should include any comments received from other
departments including, but not limited to, an analysis of the financial
feasibility of extending services and any fiscal impacts on existing utilities
from the extension.
3.Decision by City Council
The City Council shall receive the written recommendation of the City
Engineer and shall decide whether to approve, approve with conditions, or
deny the request for Utility Service Extension.
D.Criteria for Approval
The City Council, in considering final action on a request for Utility Service
Extension, should consider the following criteria:
1.whether the proposed development to be served by the extension is
consistent with the Comprehensive Land Plan;
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2.whether the extension is proposed to be constructed in accordance with all
applicable City ordinances, resolutions, regulations and standards;
3.whether it is feasible to annex the property, and any intervening property
which is needed for utility rights-of-way, into the City;
4.whether the utility extension would compromise the City?s ability to
timely provide adequate water or wastewater facilities to property inside
the City;
5.whether the utility extension will lead to premature development that
cannot be served efficiently and timely by roadway, drainage or park
facilities;
6.whether the utility extension is financially feasible given the proposed
means of financing the extension;
7.whether the utility extension will lead to significant degradation of water
quality or other environmental resources, either from construction of the
water or wastewater improvements, development of the property owner?s
land, or development of other land that may be served through the
extended facilities;
8.whether the property owner proposes to extend wastewater facilities
without utilizing City water facilities; and
9.the extent to which the proposed agreement promotes the health, safety or
general welfare of the City and the safe, orderly, efficient and healthful
development of the City.
Sec. 21.4.12 Variances
A.Applicability
1.The BOA shall have the ability to authorize, in specific cases, a variance
from the zoning regulations of this UDC if the variance is not contrary to
the public interest and, due to special conditions, a literal enforcement of
this UDC would result in unnecessary hardship, so that the spirit of this
UDC is observed and substantial justice is done. A variance shall not be
granted to relieve a self-created or personal hardship, nor shall it be based
solely on economic gain or loss, nor shall it permit any person a privilege
in developing a parcel of land not permitted by this UDC to other parcels
of land in the district.
2.Approval of a variance authorizes a property owner to submit subsequent
development applications consistent with the approved variance.
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B.Application Requirements
Any request for a variance shall be accompanied by an application prepared in
accordance with the Development Services Department Development Manual.
C.Processing of Application and Decision
1.Submittal
An application for a variance shall be submitted to the City Manager or
his/her designee. The City Manager or his/her designee shall review the
application for completeness in accordance with section 21.4.2. The City
Manager or his/her designee may, at its option, request a recommendation
from any other appropriate City Department or consultant. The City
Manager or his/her designee shall notify the applicant of items requiring
correction or attention before providing a recommendation on the
application. After appropriate review, the City Manager or his/her
designee shall forward a written recommendation to the BOA for
consideration.
2.Notification Requirements
An application for a variance requires the following notification in
accordance with section 21.4.3:
a.written notice; and
b.published notice.
3.Decision by the BOA
a.The BOA shall receive the recommendation of the City Manager
or his/her designee and shall hold a public hearing in accordance
with section 21.4.4. The Board may vote to approve, approve with
conditions, or deny the variance.
b.The Board may, on its own motion or by request of the property
owner, postpone consideration of the variance to a certain date that
is not more than thirty (30) calendar days after the date of the
current consideration in order to review additional information or
modifications which may have a direct bearing on the final
decision.
c.The approval shall be effective for a period of 180 days after the
date of such approval. If no application for building permit is
submitted within that time, the variance shall become null and
void.
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d.The disapproval of a variance shall require compliance by the
applicant, if applicable, within fifteen (15) days after the date of
disapproval and upon written notification by staff.
D.Criteria for Approval
In order to make a finding of hardship and grant a variance from the zoning
regulations of this UDC, the Board must determine the following:
1.the requested variance does not violate the intent of this UDC or its
amendments;
2.special conditions of restricted area, topography or physical features exist
that are peculiar to the subject parcel of land and are not applicable to
other parcels of land in the same zoning district;
3.the hardship is in no way the result of the applicant?s own actions; and
4.the interpretation of the provisions in this UDC or any amendments
thereto would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district that comply with the same
provisions.
E.Appeals of BOA Decisions
Any person or persons aggrieved by any decision of the BOA, or any taxpayer or
any officer, department, board of the City may appeal a decision of the BOA
regarding any variance request in accordance with section 21.3.4 of this UDC.
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.
Sec. 21.4.13 Reserved
Sec. 21.4.14 Appeals
A.Purpose and Applicability
The purpose of an appeal is to contest an initial decision on a Development
Application based upon alleged misapplication of the regulations contained within
this UDC and the criteria for approval of the Development Application. An
appeal may not be used to amend, vary or otherwise modify the standards of this
UDC that apply to the Development Application. Any decision on a
Development Application required by this UDC may be appealed to the Board,
Commission or the City Council indicated within the procedures for each
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Development Application. The granting of an appeal supersedes the decision
from which the appeal was taken and results in approval, conditional approval or
denial of the Development Application for which the approval was sought.
B.Appeal Requirements
Any person or persons aggrieved by any decision on a Development Application,
or any marshal, officer, department, or board of the City may appeal a decision on
a Development Application to the Board, Commission or the City Council
responsible for consideration of the appeal as indicated in this UDC. An appeal
shall contain a written statement of the reasons why the decision is erroneous, and
shall be accompanied by a fee established by the City Council. An appeal by an
applicant shall be accompanied by a copy of the Development Application on
which the initial decision was rendered. An appeal may include any other
documents that support the position of the appellant. A written appeal must be
filed with the City Manager or his/her designee within ten (10) working days after
the date of notification of the decision on the Development Application.
C.Processing of Appeal and Decision
1.Submittal
An appeal shall be submitted to the City Manager or his/her designee for
processing of the Development Application being appealed. Upon receipt
of a written appeal, the City Manager or his/her designee shall compile all
documents constituting the record of the decision subject to appeal and
transmit the record to the Board, Commission or the City Council
responsible for considering the appeal.
2.Stay of Proceedings
Receipt of a written appeal of a decision on a Development Application
stays all proceedings of the City in furtherance of the decision from which
appeal is taken, including without limitation acceptance, processing or
issuance of any subsequent Development Applications, and any
development activities authorized by initial approval of the Development
Application. The stay shall be lifted only if the City Manager or his/her
designee certifies in writing to the Board, Commission or the City Council
responsible for consideration of the appeal that a stay would cause
imminent peril to life or property. Thereafter, the stay may be reinstated
only by order of the Board, Commission or the City Council responsible
for consideration of the appeal or a court of record, on application, after
notice to the City Manager or his/her designee, for due cause shown.
3.Notification Requirements
An appeal requires the following notification in accordance with section
21.4.3:
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a.written notice; and
b.published notice.
4.Decision on Appeal
The Board, Commission or the City Council responsible for consideration
of the appeal shall hold a public hearing and decide the appeal within
thirty (30) days after written receipt of the request for the appeal. The
Board, Commission or the City Council responsible for consideration of
the appeal shall affirm, reverse or modify the decision from which the
appeal was taken.
5.Notification of Decision on Appeal
The property owner and the applicant for the Development Application
under appeal shall be notified of the decision on the appeal in accordance
with section 21.4.5.
D.Criteria for Approval
In deciding the appeal, the Board, Commission or the City Council responsible for
consideration of the appeal shall apply the same criteria that govern the initial
decision on the Development Application under the provisions of this Article.
E.Expiration and Extension
For purposes of determining expiration or extension periods under this UDC, the
date the Board, Commission or the City Council responsible for consideration of
the appeal grants relief on the appeal is the date on which the Development
Application is deemed approved.
1.Once the Board, Commission or the City Council grants relief on the
appeal, a new Development Application or permit application shall be
submitted within 180 days after the date of such approval or the appeal
shall become null and void.
2.The disapproval of an appeal shall require compliance by the applicant, if
applicable, within fifteen (15) days after the date of disapproval and upon
written notification by staff.
Sec. 21.4.15 Public Infrastructure Improvement Construction Plans and Community
Facilities Agreements
A.Applicability
Every subdivision or development which requires the installation of public
infrastructure improvements to serve the proposed subdivision or development is
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required to submit construction plans to ensure that the required improvements
are constructed in accordance with all applicable standards of this UDC or any
other codes of the City pertaining to the construction and installation of the
improvements. All public infrastructure improvement construction plans shall be
submitted and approved prior to an application for a final plat.
B.Application Requirements
Any request for an approval of construction plans shall be accompanied by an
application prepared in accordance with the requirements of the Public Works
Department. The Director of Public Works shall be responsible for determining
the form and content of the construction plans.
C.Processing of Application and Decision
1.Submittal
An application for approval of construction plans shall be submitted to the
Director of Public Works prior to or concurrently with an application for
final plat. The Director of Public Works shall transmit the plans to the
appropriate City Departments and consultants for review. The Director of
Public Works shall provide written notification of any items requiring
correction or attention within thirty (30) days after submittal of a complete
application.
2.Decision by the Director of Public Works
The Director of Public Works shall be responsible for the final approval of
any construction plans and may approve, approve with conditions, or deny
said construction plans. Once the construction plans are approved, the
property owner shall provide additional sets of the approved plans to the
City, as required by the Director of Public Works, for use during
construction. A full set of the City-approved and stamped construction
plans must be available for inspection on the job site at all times.
3.Revisions to Construction Plans
If the conditions of approval require revision(s) to the construction plans,
one (1) set shall be marked with objections noted (on the plans themselves
and in memo format) and returned to the applicant for correction,
whereupon the applicant?s engineer shall correct the plans as requested
and resubmit them for decision. A properly revised set of construction
plans shall be submitted to the Director of Public Works. The Director
shall approve or deny the revised set of plans.
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4.Appeals
Any person or persons aggrieved by any decision of the Director of Public
Works, or any taxpayer or any officer, department, or board of the City
may appeal the decision of the Director of Public Works to the City
Council and shall be decided prior to action on a Final Plat. An appeal of
the Director?s decision must be accompanied by a written statement
regarding the grounds for appeal and shall be certified and documented by
a professional engineer licensed in the State of Texas.
D.Criteria for Approval
When considering final action on public infrastructure improvement construction
plans, the Director of Public Works, or the City Council on appeal, should
consider the following criteria:
1.the plans are consistent with the approved preliminary plat or the proposed
final plat;
2.the plans conform to all applicable regulations pertaining to the
construction and installation of public infrastructure improvements; and
3.the plans have been reviewed and approved by the City Engineer.
E.Timing of Public Infrastructure Improvement Construction
1.Completion Prior to Final Plat Recordation
Except as provided below, after approval of a preliminary plat and before
an approved final plat is recorded, the installation of all public
infrastructure improvements required to serve the subdivision, whether to
be located off-site or on-site, including but not limited to water,
wastewater, drainage, roadway and park improvements, shall be
completed in accordance with the approved public infrastructure
improvement construction plans. The installation of improvements
required for proper drainage and prevention of soil erosion on individual
residential lots, and improvements on any common areas shall also be
completed prior to recordation of the final plat in accordance with the
approved construction plans.
2.Installation after Final Plat Approval
The property owner or applicant may request to defer the obligation to
construct and install one (1) or more public improvements to serve the
subdivision until after final plat recordation. The request shall be
submitted with an application for preliminary plat approval to provide fair
notice of the intent of the developer. Deferral of the obligation to install
public improvements shall be conditioned on execution of a subdivision
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improvement agreement and sufficient surety to secure the obligations
defined in the agreement.
3.Off-Site Easements
All necessary off site easements required for installation of off-site public
improvements to serve the subdivision or development shall be acquired
by the subdivider or developer and conveyed solely to the City by a deed
approved by the City Attorney.
F.Community Facilities Agreement
1.Obligations under Agreement
Whenever public improvements to serve the development are deferred
until after recordation of the final plat, the property owner shall enter into
a community facilities agreement by which the owner covenants to
complete all required public improvements, including residential lot
improvements for drainage or erosion control, and common area
improvements, no later than two (2) years after the date upon which the
final plat is approved. The agreement shall be subject to review and
approval by the City Attorney and City Engineer, and shall be approved
by the City Manager or his/her designee. The agreement shall contain the
following provisions:
a.covenants to complete the improvements;
b.covenants to warranty the improvements for a period of two (2)
years following acceptance by the City;
c.covenants to provide a maintenance bond in the amount of 125%
of the costs of the improvements for such period;
d.provisions for participation in the costs of the improvements by the
City, if authorization has been obtained from the City Council, and
a performance bond for such improvements from the contractor,
with the City as a co-obligee;
e.provisions for securing the obligations of the agreement consistent
with subsection G below; and
f.such other terms and conditions as are agreed to by the property
owner and the City, or as may be required by this UDC.
2.Covenants to Run with the Land
The community facilities agreement shall provide that the covenants
contained in the agreement run with the land and bind all successors, heirs
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and assignees of the property owner. All existing lienholders shall be
required to execute the agreement or provide written consent to the
covenants contained in the agreement. The City shall deliver a release to
bona fide third party purchasers of individual lots when all required public
improvements have been accepted by the City.
G.Security for Completion of Improvements
1.Security
Whenever the obligation to install public improvements to serve a
subdivision or development is deferred until after recordation of the final
plat, the property owner shall provide sufficient security to ensure
completion of the required public improvements. The security shall be in
the form of one of the following:
a.a cash escrow with the City;
b.a performance bond provided by a licensed surety company;
c.a certificate of deposit issued by any financial institution which is
insured by the Federal Deposit Insurance Corporation or Federal
Savings and Loan Insurance Corporation assigned to the City and
providing for the City to withdraw the deposit if necessary to
complete construction; or
d.a trust agreement in a form approved by the City Attorney.
2.Amount and Acceptability
The security shall be issued in the amount of 125% of the cost estimate
approved by the City Engineer and Director of Public Works for all public
improvements associated with the subdivision. The terms of the security
agreement shall be subject to the approval of the City Attorney.
3.Building Permits
No building permit shall be released until all public improvements within
the development have been accepted by the City.
4.Remedies
Where a community facilities agreement has been executed and security
has been posted and required public improvements have not been installed
in accordance with the terms of the agreement, the City may:
a.declare the agreement to be in default and require that all the
public improvements be installed regardless of the extent of
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completion of the development at the time the agreement is
declared to be in default;
b.obtain funds under the security and complete the improvements
itself or through a third party; or
c.assign its right to receive funds under the security to any third
party, including a subsequent owner of the development in
exchange for the subsequent owner?s agreement and posting of
security to complete the public improvements serving the tract.
H.Inspection and Acceptance of Public Improvements
1.Inspections
Construction inspection shall be supervised by the Public Works Department.
Construction shall be in accordance with the approved construction plans. Any
significant change in design required during construction shall be made by the
subdivider?s engineer, and shall be subject to approval by the Director of Public
Works and the City Engineer. If the Director finds upon inspection that any of the
required public improvements have not been constructed properly and in
accordance with the approved construction plans, the property owner shall be
responsible for completing and/or correcting the public improvements.
2.Submission of As-Built Plans or Record Drawings
The City shall not accept dedication of required public improvements until the
applicant?s engineer has certified to the Director of Public Works, through
submission of a detailed ?as-built? record drawing or survey plat of the property
and any off-site easements, the location, dimensions, materials, and other
information establishing that the public improvements have been built in
accordance with the approved construction plans. Each ?as-built? sheet shall show
all changes made in the plans during construction and on each sheet there shall be
an as-built stamp bearing the signature of the engineer and date. ?As-built? items
required are as follows:
a.one (1) set of full size plans;
b.electronic (digital) copies of all plans in CAD .dxf or .dwg format
and .pdf format;
c.design Engineer?s Certificate of Review; and
d.letter with guaranties and costs of all infrastructure being dedicated
to the City to include information regarding: linear feet of streets,
public drainage, sewer lines and water lines.
3.Acceptance of Improvements
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When the Director of Public Works has determined that the public
improvements have been installed in accordance with the approved
construction plans, the Director shall accept such improvements on behalf
of the City. Acceptance of the improvements shall mean that the property
owner has transferred all rights to all the public improvements to the City
for use and maintenance. The Director of Public Works may accept
dedication of a portion of the required public improvements, provided
adequate surety has been given for the completion of all of the other
improvements. Upon acceptance of the required public improvements, the
Director shall have a certificate issued to the property owner stating that
all required public improvements have been satisfactorily completed.
4.Disclaimer
Approval of a preliminary or final plat by the Planning and Zoning
Commission shall not constitute acceptance of any of the public
improvements required to serve the subdivision or development. No
public improvements shall be accepted for dedication by the City except in
accordance with this section.
I.Maintenance and Warranty of Improvements
1.Maintenance During Construction
The developer shall maintain all required public improvements during
construction of the development.
2.Bond
The developer or owner shall covenant to warranty the required public
improvements for a period of one (1) year following acceptance by the
City of all required public improvements and shall provide a maintenance
bond in the amount of 125% of the costs of the improvements for such
period. All improvements located within an easement or right-of-way
shall be bonded.
Sec. 21.4.16 Building Permits
A.Applicability
An application for a building permit is required within the City corporate limits,
or where provided for in a Development Agreement, in the City?s ETJ, prior to
the placement, construction or alteration of a building or structure. Approval of
an application for a building permit authorizes the property owner to construct,
alter or place a structure on the lot, tract or parcel. Approval of an application for
a building permit also authorizes the property owner, upon completion of a
structure intended for human occupancy, to make application for a certificate of
occupancy.
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B.Application Requirements
Any request for a building permit shall be accompanied by an application
prepared in accordance with requirements of the Building Inspections Division.
The Director of Development Services or his/her designee shall be responsible for
determining the form and content of the building permit application.
C.Processing of Application and Decision
1.Submittal
An application for a building permit shall be submitted to the Building
Inspections Division. The Director of Development Services or his/her
designee shall review the application for completeness in accordance with
section 21.4.2. The Director of Development Services or his/her designee
shall review the permit for compliance with all adopted building codes and
regulations and shall provide written notification of any items requiring
correction or attention within forty-five (45) days after submittal of a
complete application.
2.Decision by the Director of Development Services
The Director of Development Services or his/her designee may approve,
approve with conditions, or deny the building permit.
3.Appeals
Any person or persons aggrieved by any decision of the Director of
Development Services or his/her designee, or any taxpayer or any officer,
department, or board of the City may appeal the decision of the Director of
Development Services or his/her designee to the BOA.
D.Criteria for Approval
The Director of Development Services or his/her designee shall apply the
following criteria in deciding the application for a building permit:
1.the application generally conforms to all prior approved development
applications for the property and any variance petition authorizing
variation from the standards otherwise applicable to the permit;
2.the location of the structure on the property is in accordance with all prior
approved development applications;
3.the proposed plan for construction or alteration conforms to the Building
Code and other applicable construction codes adopted by the City;
4.all applicable fees, including impact fees, have been paid;
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5.a final plat of the property has been recorded in the appropriate County
plat records; and
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.
E.Issuance
No building permit shall be issued on property that is not a lot of record with the
following exceptions:
1.additions to existing structures not exceeding twenty-five percent (25%) of
the building at the time of the adoption of this UDC; and
2.interior finish out or improvements to existing structures.
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Article 5Zoning Districts
Sec. 21.5.1 Purpose and Applicability
The zoning regulations and districts contained in this Article are established in accordance with
the adopted Comprehensive Land Plan and as authorized by LGC Chapter 211, for the purpose
of promoting the public health, safety, morals and general welfare, and protecting and preserving
places and areas of historical, cultural and/or architectural importance and significance within the
City limits. They have been designed to lessen the congestion in the streets, to secure safety
from fire, panic and other dangers, to ensure adequate light and air, to prevent the overcrowding
of land and thus avoid undue concentration of population, and to facilitate the adequate provision
of transportation, water supply, wastewater treatment, schools, parks and other public
requirements. They are established with reasonable consideration for, among other things, the
character of each zoning district and its peculiar suitability for the particular uses specified,
conserving the value of buildings and environmentally sensitive features, and encouraging the
most appropriate use of land throughout the City.
Sec. 21.5.2 Zoning Districts Established; Limitations on R-6 and R-7
The City is hereby geographically divided into zoning districts and the boundaries of those
districts herein are delineated upon the Official Zoning Map of the City. The use and
dimensional regulations as set out in this Article are uniform in each district. Zoning districts are
established in compliance with adopted Comprehensive Land Plan and Master Thoroughfare
Plan. The districts established shall be known as follows:
Table 21.5.2
Symbol Zoning District Name
PREPredevelopmentDistrict
R-1Single-Family Residential District
R-2Single-Family Residential District
R-3Two-Family Residential District
R-4Apartment/Multi-Family Residential District
R-6Single-Family Residential District
R-7Single-Family Residential District
R-ASingle-Family Residential/Agricultural District
GHGarden Home Residential District
THTownhome District
MHSManufactured Home Subdivision District
MHPManufactured Home Park District
OPOffice and Professional District
NSNeighborhood Services District
GBGeneral Business District
GB-2General Business District-2
M-1Manufacturing District (Light)
M-2Manufacturing District (Heavy)
GCGolf Course District
PUBPublic Use District
PDDPlanned Development District
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Sec. 21.5.3 Initial Zoning Upon Annexation
A.As soon as practical following annexation, but in no event more than 183 calendar
days thereafter, the City Council shall, on its own motion or by request of the
property owners of the annexed area, initiate proceedings to establish the initial
zoning on the newly annexed territory. Unless otherwise requested by application
of the property owner, the initial zoning of newly annexed territory shall be
Predevelopment (PRE).
B.The initial zoning of a land parcel, whether by motion of the City Council or by
request of the property owner shall be processed in the same manner as a request
for a zoning change in accordance with section 21.5.4. Notification requirements
and the responsibility of the Planning and Zoning Commission and City Council
shall be in accordance with a request for a zoning change.
C.The owner of land to be annexed may submit an application for zoning the
property concurrently with submission of the request for annexation, but no such
annexation application may be made conditioned upon the approval of any
particular zoning classification. The Planning and Zoning Commission may
consider the request for zoning and make a recommendation the City Council
prior to final adoption of the annexation ordinance. Any recommendation by the
Planning and Zoning Commission shall be conditioned upon approval of the
annexation of the property by the City Council. The City Council may act on an
ordinance to establish the initial zoning of the property being annexed at the same
meeting as the action on the annexation ordinance so long as final approval of the
annexation ordinance occurs prior to final approval of the ordinance to establish
the zoning.
Sec. 21.5.4 Zoning Change/Zoning Map Amendment
A.Applicability
1.The City Council may, from time to time, on its own motion, by request of
the City Manager or his/her designee, or by application from a property
owner, establish or amend the boundaries shown on the Official Zoning
Map of the City. A zoning change or zoning map amendment is required
to establish the use of land and the development associated with the
proposed zoning classification for the purpose of establishing and
maintaining sound, stable and desirable development within the City.
2.Approval of a zoning change or zoning map amendment authorizes a
property owner to submit subsequent development applications consistent
with the amendment.
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B.Application Requirements
1.Application Required
Any request for a zoning change or zoning map amendment shall be
accompanied by an application and zoning exhibit prepared in accordance
with the Development Services Department Development Manual.
2.Accompanying Applications
A request for a zoning change or zoning map amendment may be
accompanied by an application for amendment of the Future Land Use
Map or by a Subdivision Master Plan. Approval of a zoning change or
zoning map amendment shall require all subsequent development
applications to be consistent with the approved amendments.
3.Tax Certificate Required
All applications made as a request for a zoning change or zoning map
amendment shall be accompanied by a copy of a Tax Certificate.
C.Processing of Application and Decision
1.Submittal
An application for a zoning change or zoning map amendment shall be
submitted to the City Manager or his/her designee. The City Manager or
his/her designee shall review the application for completeness in
accordance with section 21.4.2. The City Manager or his/her designee
may, at its option, request a recommendation from any other City
Department or consultant. The City Manager or his/her designee shall
notify the applicant of items requiring correction or attention before
providing a recommendation on the application. After appropriate review,
the City Manager or his/her designee shall forward a written
recommendation to the Planning and Zoning Commission for
consideration.
2.Notification Requirements
An application for a zoning change or zoning map amendment requires the
following notification in accordance with section 21.4.3:
a.written notice prior to consideration by the Planning and Zoning
Commission; and
b.published notice prior to consideration by the City Council.
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3.Commission Recommendation
The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and
make a written recommendation regarding a proposed a zoning change or
zoning map amendment to the City Council. The Planning and Zoning
Commission may recommend approval, approval with conditions, or
denial of the amendment. The Planning and Zoning Commission may, on
its own motion or by request of the property owner, postpone
consideration of the request to a certain date that is not more than thirty
(30) calendar days after the date of the current consideration in order to
review additional information or modifications which may have a direct
bearing on the recommendation to the City Council.
4.Decision by City Council
The City Council shall receive the written recommendation of the
Planning and Zoning Commission regarding a proposed zoning change or
zoning map amendment and shall hold a public hearing in accordance with
the Texas Open Meetings Act and section 21.4.4. The City Council may
vote to approve, approve with conditions, or deny the amendment. The
City Council may, on its own motion or by request of the property owner,
postpone consideration of the request to a certain date that is not more
than thirty (30) calendar days after the date of the current consideration in
order to review additional information or modifications which may have a
direct bearing on the final decision.
5.Consideration of Previously Denied Amendments
A request for a zoning change or zoning map amendment for a tract of
land shall not be considered by the Planning and Zoning Commission or
the City Council within six (6) months after the Council?s decision to deny
the request unless the request is to a different zoning classification or there
has been a substantial change in the conditions surrounding the parcel
since the initial request. For the purpose of this section, a request may be
considered substantially different if the change is to a different zoning
classification, there is a change in conditions relating to zoning principles
of the property or surrounding properties or there is a change in the nature
of the development of the property or surrounding properties. The City
Manager or his/her designee shall have the authority to determine whether
the request is substantially different from the initial request.
D.Criteria for Approval
The Planning and Zoning Commission, in making its recommendation, and the
City Council, in considering final action on a zoning change or zoning map
amendment, should consider the following criteria:
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1.whether the proposed zoning change or zoning map amendment
implements the policies of the adopted Comprehensive Land Plan,
including the land use classification of the property on the Future Land
Use Map;
2.whether the proposed zoning change or zoning map amendment promotes
the health, safety, or general welfare of the City and the safe, orderly,
efficient and healthful development of the City;
3.whether the uses permitted by the proposed change in zoning district
classification and the standards applicable to such uses will be appropriate
in the immediate area of the land to be reclassified;
4.whether the proposed change is in accord with any existing or proposed
plans for providing public schools, streets, water supply, sanitary sewers
or other public services and utilities to the area;
5.whether there have been environmental and/or economical changes which
warrant the requested change;
6.whether there is an error in the original zoning of the property for which a
change is requested;
7.whether all of the applicant?s back taxed owed to the City have been paid
in full (no application will receive final approval until all back taxed are
paid in full); and,
8.whether other criteria are met, which, at the discretion of the Planning and
Zoning Commission and the City Council, are deemed relevant and
important in the consideration of the amendment.
E.Protests
1.If a proposed zoning change or zoning map amendment is protested in
accordance with this section, the proposed change must receive, in order
to take effect, the affirmative vote of at least three-fourths (3/4) of all
members of the City Council according to LGC §211.006(d). The protest
must be written and signed by the owners of at least twenty percent (20%)
of either:
a.the area of the lots or land covered by the proposed zoning change
or zoning map amendment; or
b.the area of the lots or land immediately adjoining the area covered
by the proposed zoning change or zoning map amendment and
extending 200 feet from that area.
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2.In computing the percentage of land area under section 21.5.4.E.1 above,
the area of streets and alleys shall be included.
Sec. 21.5.5 Statement of Purpose and Intent for Residential Districts
A.Predevelopment District (PRE)
Intended for use for undeveloped land in the City or as a temporary designation
for existing uses for newly annexed property. This zoning is also suitable for areas
where development is premature due to lack of utilities, capacity or service and
for areas that are unsuitable for development because of physical constraints or
potential health or safety hazards. No improvements, construction or structures
may be undertaken without obtaining a building permit and no occupancy of such
improvements and structures without obtaining a certificate of occupancy.
B.Single-Family Residential District (R-1)
Comprised of single-family detached residential dwellings on a minimum lot size
of 9,600 square feet, together with the schools, churches, and parks necessary to
create basic neighborhood units.
C.Single-Family Residential District (R-2)
Comprised of single-family detached residential dwellings with a minimum lot
size of 8,400 square feet, together with the schools, churches, and parks necessary
to create basic neighborhood units.
D.Two-Family Residential District (R-3)
Comprised of two (2) single-family attached residential dwellings with a
minimum lot size of 9,000 square feet, together with the schools, churches, and
parks necessary to create basic neighborhood units.
E.Apartment/Multi-Family Residential District (R-4)
Intended for apartment and multi-family developments including, but not limited
to apartment buildings, duplex, garden apartments, condominium units, assisted
living centers, nursing homes and other similar uses. Due to the infrastructure
requirements for such districts, the City may require the applicant seeking such
zoning classification to establish (i) the adequacy of available access and utility
facilities, (ii) sufficiency of drainage, and (iii) provision of sufficient open space.
The minimum lot size in such district is 10,000 square feet for three (3) units and
1,800 square feet for each additional dwelling unit. The maximum density shall
be twenty-four (24) units per acre. Apartment/Multi-family Residential Districts
should not be located in areas where they would increase traffic through single-
family neighborhoods and should be located adjacent to arterial streets with
sufficient capacity to carry the increased traffic generated. Multi-family
developments are suitable buffers between single-family districts and commercial
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uses. Multi-family districts should be buffered from non-residential land uses and
from pollution sources and environmental hazards. Twenty percent (20%) of the
total platted area shall be provided as common, usable open space.
F.Single-Family Residential District (R-6)
Comprised of single-family detached residential dwellings that are on a minimum
lot size of 7,200 square feet, together with the schools, churches, and parks
necessary to create basic neighborhood units. This District is intended to be
developed using the more contemporary building styles and allowing those
dwellings to be constructed on relatively small lots.
G.Single-Family Residential District (R-7)
Comprised of single-family detached residential dwellings on a minimum lot size
of 6,600 square feet, together with the schools, churches, and parks necessary to
create basic neighborhood units. This District is intended to be developed using
the more contemporary building styles and allowing those dwellings to be
constructed on relatively small lots.
H.Single-Family Residential/Agricultural District (RA)
Intended to provide for areas in which agricultural land may be held in such use
for as long as is practical and reasonable. Residences in this District are intended
to be on a minimum lot size of 21,780 square feet (one-half acre). This District is
suitable for areas where development is premature due to lack of utilities, capacity
or service, and for areas that are unsuitable for development because of physical
restraints or potential health or safety hazards.
I.Garden Homes Residential District (GH)
Comprised of single-family detached residential dwellings on a minimum lot size
of 5,000 square feet together with the schools, churches, and parks necessary to
create basic neighborhood units. This District allows the main structure to be
constructed coincident with one (1) of the side property lines, and requires only
one (1) side yard setback in order to maximize lot usage and yet maintain a
neighborhood character consistent with conventional single-family detached
homes.
No area shall be designated GH that contains less than five (5) adjoining lots on a
street. Zero lot line homes shall have no windows on the side of the house, which
abuts the property line. Entire frontage of one (1) side of the street in the block
must be included in the GH designation.Exception may be made where an alley
breaks the block on that side of the street. Homes will be uniformly located on
the same side of the lot within a street block.
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J.Townhome District (TH)
Comprised of an attached residential dwelling unit in structures built to
accommodate three (3) to six (6) units per structure. Density shall not exceed
twelve (12) units per gross acre. Townhome units shall be constructed on a single
lot, or on adjacent individual lots. Individual ownership of the Townhome units is
encouraged. Minimum lot area shall not be less than 2,500 square feet per
dwelling unit. Ten percent (10%) of the total platted area shall be provided as
common, usable open space. This District should not be located in areas where it
would increase traffic through single-family neighborhoods and should be
adjacent to arterial streets with sufficient capacity to carry the increased traffic
generated.
K.Manufactured Home Subdivision District (MHS)
Intended to recognize that certain areas of the City are suitable for a mixture of
single-family dwelling units and HUD-Code manufactured homes, to provide
adequate space and site diversification for residential purposes designed to
accommodate the peculiarities and design criteria of manufactured homes, along
with single-family residences, to promote the most desirable use of land and
direction of building development, to promote stability of development, to protect
the character of the district, to conserve the value of land and buildings, and to
protect the City?s tax base. This District provides for the creation and/or
subdivision of any lot, tract or parcel of land used for the placement of
manufactured homes. This District is not intended to prohibit or unduly restrict
any type of housing but to ensure compatibility in housing types between
manufactured home subdivisions and surrounding single family residential
subdivisions and recognizing their inherent differences.
L.Manufactured Home Park District (MHP)
Intended to provide adequate space and site diversification for residential
purposes designed to accommodate the peculiarities and design criteria of
manufactured homes, to promote the most desirable use of land and direction of
building development, to promote stability of development, to protect the
character of the district, to conserve the value of land and buildings, and to protect
the City?s tax base. This District provides for the creation of tracts of land used
for the placement of multiple manufactured homes on a single lot, tract or parcel
of land and utilized for rent or lease. This District is not intended to prohibit or
unduly restrict any type of housing but to ensure compatibility between
manufactured home parks and surrounding properties and recognizing the
inherent differences in housing types between manufactured home parks and other
residential districts.
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Sec. 21.5.6 Statement of Purpose and Intent for Nonresidential Districts
A.Office and Professional District (OP)
Intended to provide suitable areas for the development of office structures as well
as office park developments on appropriately designed and attractively
landscaped sites. It is also intended to provide ancillary retail service (restaurants,
coffee shops, newsstands, etc.) for such office developments. Due to the intensity
of these developments, this District should be generally located along major
transportation corridors, and be properly buffered from less intensive residential
uses.
B.Neighborhood Services District (NS)
Intended to provide suitable areas for the development of certain limited service
and retail uses in proximity to residential neighborhoods in order to more
conveniently accommodate the basic everyday retail and service needs of nearby
residents. Such uses occur most often on the periphery of established
neighborhoods at the intersection of collectors and minor arterials, and are
generally on sites of approximately one (1) to three (3) acres in size. These
developments are to have generous landscaping and contain non-residential uses,
which do not attract long distance traffic trips. This District should be properly
buffered from residential uses and protected from pollution and/or environmental
hazards.
C.General Business District (GB)
Intended to provide suitable areas for the development of non-residential uses
which offer a wide variety of retail and service establishments that are generally
oriented toward serving the overall needs of the entire community. These
businesses are usually located on appropriately designed and attractively
landscaped sites and along principal transportation corridors.
D.General Business District-2 (GB-2)
Intended to provide suitable areas for the development of non-residential and light
industrial uses that offer a wide variety of retail and service establishments that
are generally oriented toward serving the overall needs of the entire community.
These businesses are usually located on appropriately designed and attractively
landscaped sites and along principal transportation corridors. These facilities
should not emit dust, odor, smoke, gas or fumes, or any other hazardous elements,
which are detectable beyond the boundary of the property. Due to the traffic
generated by such uses, these districts should be located on arterial streets. In
reviewing the proposed development, other infrastructure considerations such as
water, electric, sewer, gas and fire line pressure should be taken into account.
Where several lots are to be jointly developed as a light manufacturing area,
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restrictive covenants and development restrictions encouraging high-level design
and maintenance are encouraged.
E.Manufacturing District-Light (M-1)
Intended to provide a suitable area for the development of light industrial,
assembly and manufacturing, warehouse and distribution facilities. These
facilities should not emit dust, odor, smoke, gas or fumes, or any other hazardous
elements, which are detectable beyond the boundary of the property. Due to the
traffic generated by such uses, these districts should be located on arterial streets.
In reviewing the proposed development, other infrastructure considerations such
as water, electric, sewer, gas and fire line pressure should be taken into account.
Where several lots are to be jointly developed as a light manufacturing area,
restrictive covenants and development restrictions encouraging high-level design
and maintenance are encouraged.
F.Manufacturing District - Heavy (M-2)
Intended to provide a suitable park-like area for the development of intensive
industrial/manufacturing activities, which tend to emit certain offensive features
such as odor, noise, dust, smoke and/or vibrations, but under controlled
conditions. Specific Use Permit will be required by all activities locating in this
area. Uses shall also recognize the need for increased water pressure and capacity
in order to provide adequate fire protection.
G.Public Use District (PUB)
Intended to identify and provide a zoning classification for land that is owned or
may be owned by the City, County, State, or Federal Government or the School
District; land that has been dedicated to the City for public use such as parks and
recreation, and land designated and dedicated to the City as a greenbelt.
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, swimming
pools, tennis courts, restaurants, and bars).
Sec. 21.5.7 Dimensional and Developmental Standards
A.General
All projects or developments shall comply with all of the applicable dimensional
and development standards of this Article. Additional requirements may also
apply as required in other sections of this UDC. All area requirements and lot
sizes shall be calculated based on gross acres.
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B.Additional Dimensional and Development Standards
1.All lots developed for residential purposes shall comply with the lot area,
minimum setbacks and height requirements established in Table 21.5.7A
for the zoning district(s) in which the lot(s) is/are located. All lots
developed for allowed non-residential purposes, within residential zoning
districts, shall comply with lot, area and height requirements established in
Table 21.5.7A for the zoning district(s) in which the lot(s) is/are located.
2.All lots developed for non-residential purposes shall comply with lot, area,
minimum setbacks, and maximum height requirements established for the
zoning district(s) in which the lot(s) is located, as established in Table
21.5.7B.
3.All lots shall have at least the minimum area, width and depth as indicated
in the Tables 21.5.7A and 21.5.7B in this section.
4.Platted subdivisions established by a duly approved plat filed prior to
adoption of this UDC shall be exempt from meeting any new lot width,
depth, and/or square footage requirements.
5.No lot existing at the time of passage of this UDC shall be reduced in size
below the minimum area requirements set forth in Tables 21.5.7A and
21.5.7B.
6.Minimum lot size requirements shall not apply to previously platted lots
that are annexed into the City, but shall apply in the event of a vacation
and replat of such property. All other requirements of this UDC shall
nevertheless apply.
7.No portion of any building on a residential lot may be located on any lot
closer to any lot line or to the street right-of-way line than is authorized in
Table 21.5.7A set forth in this section unless otherwise listed below:
a.Where the frontage on one (1) side of a street is divided by two (2)
or more zoning districts, the front yard setback shall comply with
the requirements of most restrictive district for the entire frontage
between the nearest intersecting streets.
b.Where the building setback line has been established by plat and
exceeds the requirements of this UDC, the more restrictive setback
line shall apply.
c.The front yard setback shall be measured from the property line to
the front face of the building, covered porch, covered terrace, or
attached accessory building. Eaves and roof extensions may
project into the required front yard, not to exceed two feet (2?).
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d.Side Yards: Every part of a required side yard shall be open and
unobstructed except for accessory buildings as permitted herein
and the ordinary projections of window sills, belt courses, cornices
and other architectural features projecting not to exceed twelve
inches (12?) into the required side yard, and roof eaves projecting
not to exceed twenty-four inches (24?) into the required side yard.
e.Rear Yards: Every part of a required rear yard shall be open and
unobstructed, except for accessory buildings, uses and structures as
permitted and the ordinary projections of window sills, belt
courses, cornices and roof overhangs and other architectural
features projecting not to exceed twenty-four inches (24?) into the
required rear yard.
f.Where lots have double frontage, running from one street to
another, a required front yard setback shall be provided on both
streets.
g.Mixed Use Building: In a building serving dwelling and other
uses, in any district, the height and area regulations applicable to
non-residential buildings shall apply.
h.There shall not be more than one (1) residential dwelling on a
platted lot of a duly recorded plat of a single-family residential use.
Sec. 21.5.8 Permitted Use Table
A.Use of Land and Buildings
Structures, land or premises shall be used only in accordance with the use
permitted in the following use table subject to compliance with the dimensional
and development standards for the applicable zoning district and all other
applicable requirements of this UDC.
B.Permitted Principal Uses
No principal use shall be permitted in any district unless it appears in the
following Permitted Use Table.
1.Legend for the Permitted Use Table:
PUse is permitted in district indicated
SUse is permitted in district indicated upon approval of Specific Use
Permit
Use is prohibited in district indicated
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Public Use District
Heavy
Manufacturing ?
Light
Manufacturing ?
General Business ? 2
General Business
Service
Neighborhood
Office & Professional
Townhome District
Garden Home
Park
Manufactured Home
Subdivision
Manufactured Home
Single Family ? 7
Single Family ? 6
Multi-family
Apartment/
Two Family
Single Family ? 2
Single Family ? 1
Agricultural
Residential/
Predevelopment
Public Use District
Heavy
Manufacturing ?
Light
Manufacturing ?
General Business ? 2
General Business
Service
Neighborhood
Office & Professional
Townhome District
Garden Home
Park
Manufactured Home
Subdivision
Manufactured Home
Single Family ? 7
Single Family ? 6
Multi-family
Apartment/
Two Family
Single Family ? 2
Single Family ? 1
Agricultural
Residential/
Predevelopment
Public Use District
Heavy
Manufacturing ?
Light
Manufacturing ?
General Business ? 2
General Business
Service
Neighborhood
Office & Professional
Townhome District
Garden Home
Park
Manufactured Home
Subdivision
Manufactured Home
Single Family ? 7
Single Family ? 6
Multi-family
Apartment/
Two Family
Single Family ? 2
Single Family ? 1
Agricultural
Residential/
Predevelopment
Public Use District
Heavy
Manufacturing ?
Light
Manufacturing ?
General Business ? 2
General Business
Service
Neighborhood
Office & Professional
Townhome District
Garden Home
Park
Manufactured Home
Subdivision
Manufactured Home
Single Family ? 7
Single Family ? 6
Multi-family
Apartment/
Two Family
Single Family ? 2
Single Family ? 1
Agricultural
Residential/
Predevelopment
Public Use District
Heavy
Manufacturing ?
Light
Manufacturing ?
General Business ? 2
General Business
Service
Neighborhood
Office & Professional
Townhome District
Garden Home
Park
Manufactured Home
Subdivision
Manufactured Home
Single Family ? 7
Single Family ? 6
Multi-family
Apartment/
Two Family
Single Family ? 2
Single Family ? 1
Agricultural
Residential/
Predevelopment
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C.New and Unlisted Uses
1.It is recognized that new or unlisted types of land use may seek to locate
in the City. In order to provide for such contingencies, a determination of
any new or unlisted form of land use shall be made in accordance with this
section.
2.For uses in which an applicant requests a Specific Use Permit, the City
Manager or his/her designee shall follow the procedures for granting an
SUP in accordance with section 21.5.11 of this UDC.
3.It is recognized that the permitted use chart may require amendment, from
time to time, to allow for uses that were otherwise not permitted. In the
event an amendment to the permitted use chart is required, the procedure
for the amendment shall be the same as required for an amendment to the
text of the UDC in accordance with section 21.4.7 of this UDC.
Sec. 21.5.9 Special Districts
A.Air Installation Compatible Use Zone District (AICUZ)
1.Established to provide control on encroachment around a military airfield,
encroachment that could destroy the harmonious relationship existing
between the local community and a military airfield. This could
eventually lead to the removal of the airfield, which would affect the
economy of the area. Restrictions established in accordance with
suggested guidelines and studies published by the military will control the
development, construction and density of the area. The area is subject to
high frequency of noise from aircraft and is at high risk to potential
aircraft accidents. All uses and regulations contained within the AICUZ
shall be in accordance with the AICUZ study and regulations published by
Randolph Air Force Base.
2.A request for development that is not a permitted use by the AICUZ
Study, as adopted by the City, or a request for zoning change for property
located within the AICUZ requires written notification to Randolph Air
Force Base (RAFB) of the proposed development, type occupancy,
occupant load, hours of operation, and any special conditions of the
project that may include noise, dust, smoke emissions, etc., and any
proposed request for a zone change within the AICUZ, with applicable
reference the Standard Land Use Code Manual (SLUCM) as adopted in
the AICUZ Study. An acknowledgment from RAFB will be requested on
the proposed development within sixty (60) days. RAFB may conclude
that the proposed development or zoning change should be permitted.
Unless RAFB affirmatively recommends to the City that the proposed
development or zoning change in the AICUZ be permitted, the
development or zoning change will not be approved by the City. Failure
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on the part of RAFB to respond within sixty (60) days will be deemed to
be disapproval.
B.Planned Development District (PDD)
A contiguous land area of a minimum size, as specified by this UDC and this
Article, to be planned and developed using a common master zoning plan, and
containing one or more uses and appurtenant common areas.
Sec. 21.5.10 Planned Development District
A.Applicability
The purpose of the Planned Development District is to promote and encourage
innovative development that is sensitive to surrounding land uses and to the
natural environment. If this necessitates varying from available zoning districts,
the proposed development should demonstrate community benefits. A PDD
should not be used to deviate from the provisions of this UDC in a way that
contradicts its intent.
B.Application Requirements
1.Application Required
Any request for a PDD shall be accompanied by an application prepared in
accordance with the Development Services Department Development
Manual.
2.Accompanying Applications
A request for a PDD may be accompanied by an application for
amendment of the Future Land Use Map or by a Subdivision Master Plan.
Approval of a PDD shall require all subsequent development applications
to be consistent with the approved development regulations.
3.Tax Certificate Required
All applications made as a request for a PDD shall be accompanied by a
copy of a Tax Certificate.
4.Minimum Planned Development District Size
No PDD may be established on any area less than the following in size:
a.Single Family Residential: two (2) acres;
b.Multifamily Residential: two (2) acres;
c.Nonresidential: two (2) acres; or
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d.Mixed Residential and Nonresidential: five (5) acres.
C.Processing of Application and Decision
1.Submittal
An application for a PDD shall be submitted to the City Manager or
his/her designee. The City Manager or his/her designee shall review the
application for completeness in accordance with section 21.4.2. The City
Manager or his/her designee may, at its option, request a recommendation
from any other City Department or consultant. The City Manager or
his/her designee shall notify the applicant of items requiring correction or
attention before providing a recommendation on the application. After
appropriate review, the City Manager or his/her designee shall forward a
written recommendation to the Planning and Zoning Commission for
consideration.
2.Notification Requirements
An application for a Planned Development District requires the following
notification in accordance with section 21.4.3:
a.written notice prior to consideration by the Planning and Zoning
Commission; and
b.published notice prior to consideration by the City Council.
3.Commission Recommendation
The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and
make a written recommendation regarding a PDD to the City Council.
The Planning and Zoning Commission may recommend approval,
approval with conditions, or denial of the amendment. The Planning and
Zoning Commission may, on its own motion or by request of the property
owner, postpone consideration of the request to a certain date that is not
more than thirty (30) calendar days after the date of the current
consideration in order to review additional information or modifications
which may have a direct bearing on the recommendation to the City
Council.
4.Decision by City Council
The City Council shall receive the written recommendation of the
Planning and Zoning Commission regarding a PDD and shall hold a
public hearing in accordance with the Texas Open Meetings Act and
section 21.4.4. The City Council may vote to approve, approve with
conditions, or deny the amendment. The City Council may, on its own
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motion or by request of the property owner, postpone consideration of the
request to a certain date that is not more than thirty (30) calendar days
after the date of the current consideration in order to review additional
information or modifications which may have a direct bearing on the final
decision.
D.Development Standards
1.Development standards for each PDD shall be set forth in an ordinance
granting the PDD and may include but shall not be limited to uses,
density, lot area, lot width, lot depth, yard depths and widths, building
height, building elevations, coverage, floor area ratio, parking, access,
screening, landscaping, accessory buildings, signs, lighting, management
associations, and other requirements as the City Council may deem
appropriate.
2.In the PDD, the particular district(s) to which uses specified in the PDD
are most similar shall be stated in the granting ordinance. All PDD
applications shall list all requested variances from the standard
requirements set forth throughout this UDC (applications without this list
will be considered incomplete).
3.The ordinance granting a PDD shall include a statement as to the purpose
and intent of the PDD granted therein. A specific list is required of
variances in each district or districts and a general statement citing the
reason for the PDD request.
4.The PDD shall conform to all other sections of the UDC unless
specifically exempted in the granting ordinance.
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.
1.Conceptual Plan
The applicant shall submit a conceptual plan. The plan shall show the
applicant?s intent for the use of the land within the proposed PDD in a
graphic manner and shall be supported by written documentation of
proposals and standards for development.
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a.A conceptual plan for residential land use shall show general use,
thoroughfares, and preliminary lot arrangements. For residential
development which does not propose platted lots, the conceptual
plan shall set forth the size, type, and location of buildings and
building sites, access, density, building height, fire lanes,
screening, parking areas, landscaped areas, and other pertinent
development data.
b.A conceptual plan for uses other than residential uses shall set
forth the land use proposals in a manner to adequately illustrate the
type and nature of the proposed development. Data which may be
submitted by the applicant, or required by the City Council, may
include, but is not limited to, the types of use(s), topography, and
boundary of the planned development area, physical features of the
site, existing streets, alleys, and easements, location of future
public facilities, building heights and locations, parking ratios, and
other information to adequately describe the proposed
development and to provide data for approval which is used in
drafting the final development plan.
c.Changes of detail which do not alter the basic relationship of the
proposed development to adjacent property and which do not alter
the uses permitted or increase the density, building height, or
coverage of the site and which do not decrease the off-street
parking ratio, reduce the yards provided at the boundary of the site,
or significantly alter the landscape plans as indicated on the
approved conceptual plan may be authorized by the City Manager
or his/her designee. If an agreement can not be reached regarding
whether or not a change of detail conforms to the original concept
plan, the City Council shall determine the conformity.
2.Development Plan
This plan shall set forth the final plans for development of the PDD and
shall conform to the data presented and approved on the conceptual plan.
Approval of the development plan shall be the basis for issuance of a
building permit. The Development Plan shall be acted upon by the City
Council, upon recommendation of the Planning and Zoning Commission.
The development plan may be submitted for the total area or any section
of the planned development. The development plan shall include:
a.a site inventory analysis including a scale drawing of existing
vegetation, natural watercourses, creeks or bodies of water, and an
analysis of planned changes in such natural features as a result of
the development and including a delineation of any flood prone
areas;
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b.a scale drawing showing any proposed public or private streets and
alleys; building sites or lots; and areas reserved as parks, parkways,
playgrounds, utility easements, school sites, street widening and
street changes; the points of ingress and egress from existing and
proposed streets; general location and description of existing and
proposed utility services, including size of water and sewer mains;
the location and width for all curb cuts and the land area of all
abutting sites and the zoning classification thereof on an accurate
survey of the tract with the topographical contour interval of not
more than five (5) feet;
c.a Site Plan in accordance with section 21.12.14 of this UDC;
d.a landscape plan showing screening walls, ornamental planting,
wooded areas, and trees to be planted; and
e.an architectural plan showing elevations and signage style to be
used throughout the development. Any or all of the required
information may be incorporated on a single drawing if such
drawing is clear and can be evaluated by the City Staff, the
Planning and Zoning Commission and the City Council.
F.Criteria for Approval
The Planning and Zoning Commission, in making its recommendation, and the
City Council, in considering final action on a PDD, should consider the following
criteria:
1.whether the proposed PDD implements the policies of the adopted
Comprehensive Land Plan;
2.whether the proposed PDD promotes the health, safety, or general welfare
of the City and the safe, orderly, efficient and healthful development of the
City;
3.whether the uses permitted by the proposed change in zoning district
classification and the standards applicable to such uses will be appropriate
in the immediate area of the land to be reclassified;
4.whether the proposed change is in accord with any existing or proposed
plans for providing public schools, streets, water supply, sanitary sewers
or other public services and utilities to the area;
5.the extent to which the proposed PDD will result in a superior
development than could be achieved through conventional zoning;
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6.whether all of the applicant?s back taxed owed to the City have been paid
in full (no application will receive final approval until all back taxed are
paid in full); and,
7.whether other criteria are met which, at the discretion of the Planning and
Zoning Commission and City Council, are deemed relevant and important
in the consideration of the amendment.
G.Amendments
The City Manager or his/her designee may permit the applicant to make minor
amendments to the Conceptual Plan without the necessity of amending the
ordinance that established the PDD. If the proposed amendments change and/or
impact the nature or purposes of the approved PDD, whether individually or
cumulatively, the City Manager may deny the request for approval of the
modifications and provide the applicant with the opportunity to revise the
proposed amendments to bring them into compliance with the PDD. If an
applicant wishes to make any amendments to an approved Concept Plan other
than minor amendments approved by the City Manager, the City Manager will
submit the amendments to the Planning and Zoning Commission and City
Council for review and approval as a revised PDD. Minor amendments shall only
be as follows:
1.corrections in spelling, distances and other labeling that do not affect the
overall development concept;
2.changes in building position or layout that are less than ten feet or ten
percent of the total building project or area;
3.changes in proposed property lines as long as the original total project
acreage is not exceeded, and the area of any base zoning district is not
changed by more than five percent (5%); and
4.changes in parking layouts as long as the number of required spaces and
general original design are maintained.
Sec. 21.5.11 Specific Use Permit (SUP)
A.Applicability
Specific Use Permits allow for discretionary City Council approval of uses with
unique or widely varying operating characteristics or unusual site development
features, subject to the terms and conditions set forth in this UDC. These uses
and the districts where they may be located are listed in Table 21.5.8. Certain
uses located within the AICUZ Zone require an SUP. Approval of a specific use
permit authorizes a property owner to submit subsequent development
applications consistent with the approved SUP.
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B.Application Requirements
1.Application Required
Any request for a Specific Use Permit (SUP) shall be accompanied by an
application and SUP exhibit prepared in accordance with the Development
Services Department Development Manual.
2.Accompanying Applications
An application for a Specific Use Permit shall be accompanied by a Site
Plan prepared in accordance with section 21.12.14. Approval of a Site
Plan as part of a Specific Use Permit shall meet the requirements for Site
Plan approval under section 21.12.14.
3.Tax Certificate Required
All applications made as a request for a Specific Use Permit shall be
accompanied by a copy of a Tax Certificate.
C.Processing of Application and Decision
1.Submittal
An application for a Specific Use Permit shall be submitted to the City
Manager or his/her designee. The City Manager or his/her designee shall
review the application for completeness in accordance with section 21.4.2.
The City Manager or his/her designee may, at its option, request a
recommendation from any other City Department or consultant. The City
Manager or his/her designee shall notify the applicant of items requiring
correction or attention before providing a recommendation on the
application. After appropriate review, the City Manager or his/her
designee shall forward a written recommendation to the Planning and
Zoning Commission for consideration.
2.Notification Requirements
An application for a Specific Use Permit requires the following
notification in accordance with section 21.4.3:
a.written notice prior to consideration by the Planning and Zoning
Commission; and
b.published notice prior to consideration by the City Council.
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3.Commission Recommendation
The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and
make a written recommendation regarding a proposed Specific Use Permit
to the City Council. The Planning and Zoning Commission may
recommend approval, approval with conditions, or denial of the SUP. The
Planning and Zoning Commission may, on its own motion or by request of
the property owner, postpone consideration of the request to a certain date
that is not more than thirty (30) calendar days after the date of the current
consideration in order to review additional information or modifications
which may have a direct bearing on the recommendation to the City
Council.
4.Decision by City Council
The City Council shall receive the written recommendation of the
Planning and Zoning Commission regarding a proposed Specific Use
Permit and shall hold a public hearing in accordance with the Texas Open
Meetings Act and section 21.4.4. The City Council may vote to approve,
approve with conditions, or deny the SUP. The City Council may, on its
own motion or by request of the property owner, postpone consideration
of the request to a certain date that is not more than thirty (30) calendar
days after the date of the current consideration in order to review
additional information or modifications which may have a direct bearing
on the final decision.
D.Criteria for Approval
The Planning and Zoning Commission, in making its recommendation, and the
City Council, in considering final action on a Specific Use Permit, should
consider the following criteria:
1.the proposed use at the specified location is consistent with the policies
embodied in the adopted Comprehensive Land Plan;
2.the proposed use is consistent with the general purpose and intent of the
applicable zoning district regulations;
3.the proposed use is compatible with and preserves the character and
integrity of adjacent developments and neighborhoods, and includes
improvements either on-site or within the public rights-of-way to mitigate
development related adverse impacts, such as safety, traffic, noise, odors,
visual nuisances, drainage or other similar adverse effects to adjacent
development and neighborhoods;
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4.the proposed use does not generate pedestrian and vehicular traffic which
will be hazardous or conflict with the existing and anticipated traffic in the
neighborhood;
5.the proposed use incorporates roadway adjustments, traffic control devices
or mechanisms, and access restrictions to control traffic flow or divert
traffic as may be needed to reduce or eliminate development generated
traffic on neighborhood streets;
6.the proposed use incorporates features to minimize adverse effects,
including visual impacts, of the proposed use on adjacent properties;
7.the proposed use meets the standards for the zoning district, or to the
extent variations from such standards have been requested, that such
variations are necessary to render the use compatible with adjoining
development and the neighborhood;
8.the proposed use and associated Site Plan promote the health, safety or
general welfare of the City and the safe, orderly, efficient and healthful
development of the City;
9.no application made under these provisions will receive final approval
until all back taxes owed to the City have been paid in full; and
10.other criteria which, at the discretion of the Planning and Zoning
Commission and City Council are deemed relevant and important in the
consideration of the Specific Use Permit.
E.Conditions
The Planning and Zoning Commission, in making its recommendation, and the
City Council, in considering final action, may require such modifications in the
proposed use and attach such conditions to the Specific Use Permit as deemed
necessary to mitigate adverse effects of the proposed use and to carry out the
spirit and intent of this section. Conditions and modifications may include but are
not limited to limitation of building size or height, increased open space,
limitations on impervious surfaces, enhanced loading and parking requirements,
additional landscaping, curbing, sidewalk, vehicular access and parking
improvements, placement or orientation of buildings and entryways, buffer yards,
landscaping and screening, signage restrictions and design, maintenance of
buildings and outdoor areas, duration of the permit and hours of operation.
F.Expiration of Specific Use Permit
A Specific Use Permit shall expire if any of the following occurs:
1.a building permit, if necessary, for the use has not been approved within
one (1) year after the approval of the SUP;
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2.a building permit approved as a result of the approval of the SUP expires
within two (2) years after the approval of the SUP;
3.the use has been abandoned or discontinued for a period of time exceeding
six (6) months; or
4.the SUP expires in accordance with its terms.
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Article 6Manufactured Homes and RV Parks
Sec. 21.6.1 Manufactured Home Subdivisions
A.Purpose
The provisions of this section are established to:
1.recognize that certain areas of the City are suitable for a mixture of single-
family dwelling units and HUD-code manufactured homes;
2.provide adequate space and site diversification for residential purposes
designed to accommodate the peculiarities and design criteria of
manufactured homes, along with single-family residences;
3.provide for adequate vehicular and pedestrian circulation;
4.promote housing densities appropriate to and compatible with existing and
proposed public support facilities;
5.promote the most desirable use of land and direction of building
development; and
6.promote stability of development.
B.Plat Required
Prior to development of any Manufactured Home Subdivision, a final plat must be
approved and filed for record in accordance with section 21.12.9. No permit shall
be issued for the placement of any manufactured home on any property that is not
located on a legally platted lot of record.
C.Minimum Site Requirements
1.Minimum Lot Area
The minimum lot area for any lot within a manufactured home subdivision
shall be in accordance with Table 21.5.7A.
2.Open Space Requirements
a.The minimum front, side and rear yard setbacks shall be in
accordance with Table 21.5.7A.
b.Accessory structures on each lot shall have a minimum setback
from any lot line of at least ten feet (10?).
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c.The minimum distance between manufactured homes on separate
lots at any point shall be twenty-five feet (25?).
3.Height Regulations
a.The maximum height for any structure in the manufactured home
subdivision shall be thirty-five feet (35?).
b.The average height of the manufactured home frame above the
ground elevation, measured at ninety degrees (90°) to the frame,
shall not exceed three feet (3?).
4.Soil and Ground Cover
Exposed ground surfaces in all parts of every manufactured home
subdivision shall be paved or protected with a vegetative ground cover
that is capable of preventing soil erosion and of eliminating dust.
5.Drainage
The ground surface in all parts of a manufactured home subdivision shall
be graded and equipped to drain all surface water away from the
manufactured home spaces.
D.Street Lighting
Street lighting within a manufactured home park or manufactured home
subdivision shall be provided by the developer or property owner along all
internal streets. Street lights will be installed in accordance with UDC section
21.14.1.S.
E.Parking Requirements
A minimum of two (2) parking spaces shall be provided for each manufactured
home space. Each parking space will be a minimum of ten feet (10?) by twenty
feet (20?). Each parking space shall be constructed of concrete or asphalt and
located to eliminate interference with access to parking areas provided for other
manufactured homes and for public parking. Required parking spaces shall not
obstruct pedestrian walkways.
F.Carports
See section 21.8.3 of this UDC.
G.Manufactured Home Installation
In addition to the requirements of any building code and fire code, manufactured
homes shall be installed in accordance with the following criteria:
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1.Axle and hitch assemblies shall be removed at the time of placement on
the foundation.
2.Each manufactured home shall be totally skirted with masonry, pressure-
treated wood, or other nondegradable, fire resistant material which is
compatible with the design and exterior materials of the primary structure.
H.Fire Safety Standards
1.Access for Fire Fighting
Approaches to all manufactured homes shall be kept clear for fire fighting.
2.Water Supply Facilities for Fire Department Operations
Water supply facilities for fire department operations shall be connected to
an available City water supply. The adequacy of the water supply for
firefighting requirements shall be determined by the City Engineer. The
manufactured home subdivision shall provide standard hydrants
acceptable to the City located within 500 feet of all manufactured home
lots, measured along the driveways or streets. Fire hydrants will be
subject to periodic inspection by the City.
I.Recreation Area
All manufactured home subdivisions shall be required to dedicate parkland in
accordance with section 21.9.10 of this UDC.
J.Utilities
All utilities, including but not limited to electrical wiring, natural gas, telephone,
cable, internet and security systems, shall be installed underground and shall be
maintained in accordance with applicable City codes and regulations for such
systems.
K.Miscellaneous Requirements
1.Every lot owner within a manufactured home subdivision shall be
responsible for ensuring compliance with all requirements of this UDC
including proper installation of the manufactured home, proper installation
of all utility connections and proper tie-down of the manufactured home.
2.Skirting with the necessary vents, screens and/or openings shall be
required on all manufactured homes and shall be installed within thirty
(30) days after the placement of the manufactured home.
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3.Skirting, porches, awnings and other additions, when installed, shall be
maintained in good repair. The use of space immediately underneath a
manufactured home for storage shall be permitted only under the
following conditions.
a.The storage area shall have a base of impervious material.
b.Stored items shall not interfere with the underneath inspection of
the manufactured home.
c.The storage area shall be enclosed by skirting.
Sec. 21.6.2 Manufactured Home Parks
A.Purpose
The provisions of this section are established to:
1.provide adequate space and site diversification for residential purposes
designed to accommodate the peculiarities and design criteria of
manufactured homes, along with single-family residences;
2.provide adequate provisions for vehicular and pedestrian circulation;
3.promote housing densities appropriate to and compatible with existing and
proposed public support facilities;
4.promote the most desirable use of land and direction of building
development; and
5.promote stability of development.
B.Plat Required
Prior to development of any Manufactured Home Park, a final plat must be
approved and filed for record in accordance with section 21.12.9. No permit shall
be issued for the placement of any manufactured home on any property that is not
located on a legally platted lot of record.
C.Minimum Site Requirements
1.Minimum Space Area
Manufactured home parks shall have a minimum lot area meeting the
requirements of Table 21.5.7A. Each manufactured home space shall have a
minimum space size of sixty feet (60?) by 110 feet for each manufactured home.
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2.Open Space Requirements
a.The minimum front yard setback for each manufactured home
space shall be twenty-five feet (25?) from the nearest corner of the
manufactured home to the front line of the manufactured home lot
or space.
b.No manufactured home shall be closer than ten feet (10?) from any
side space line or twenty-five feet (25?) to a space line adjoining a
public street.
c.For other structures on each space, the minimum setback from any
space line shall be at least ten feet (10?).
d.The minimum distance between manufactured homes at any point
shall be twenty-five feet (25?).
3.Height Regulations
The maximum height for any structure in the manufactured home park
shall be thirty-five feet (35?).
4.Soil and Ground Cover
Exposed ground surfaces in all parts of every manufactured home park
shall be paved or protected with a vegetative ground cover that is capable
of preventing soil erosion and eliminating dust.
5.Drainage
The ground surface in all parts of a manufactured home park shall be
graded and equipped to drain all surface water away from the
manufactured home spaces.
6.Storage Facilities
A maximum 120 square foot accessory building may be provided on every
manufactured home space to be utilized solely for storage of personal
items belonging to the owner or tenant of the space. In-lieu of individual
accessory buildings on each lot or space, self storage facilities may be
provided for adequate storage. Where provided, storage facilities shall be
designed in a manner that will enhance the appearance of the
manufactured home park or manufactured home subdivision and shall be
one-hundred percent (100%) masonry, excluding doors and windows.
Storage outside of approved storage facilities shall be prohibited.
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D.Access, Traffic Circulation and Parking
1.Internal Streets and Signage
All infrastructure (streets, signs, and utilities) are required to be built to
City standards. Internal streets, no-parking area signs and street name
signs shall be privately owned, built and maintained. Streets shall be
designed for safe and convenient access to all spaces and to facilities for
common use of residents. Internal streets shall be kept open and free of
obstruction in order that police and fire vehicles may have access to any
area of the manufactured home park. The police department shall be
authorized to issue citations for the violation of the provision herein and to
remove and impound offending vehicles.
2.Signs Prohibiting Parking Required
On all sections of internal streets on which parking is prohibited under this
UDC, the developer or its successors and/or assigns shall erect metal signs
prohibiting parking. The sign type, size, height and location shall be
approved by the City Manager or his/her designee prior to installation.
3.Internal Street Construction and Maintenance
All internal streets shall be constructed to specifications established by this
UDC and the Public Works Specifications Manual and shall be maintained
by the developer or its successors and/or assigns and shall be free of any
cracks, holes and other hazards. Internal streets shall be designed by a
licensed professional engineer in accordance with good engineering
designs and shall be approved by the City Engineer prior to issuance of an
occupancy permit for the manufactured home park.
4.Emergency Ingress and Egress
All residents shall be notified when and where emergency ingress/egress
has been provided. Procedures shall be established to warn the residents
of the opening of the emergency access in the event of an emergency.
5.Internal Street Dimensions
An internal street or common access route shall be provided to each
manufactured home space. Each street shall have a minimum width of
thirty feet (30?). On-street parking shall be permitted on only one side of
the street. The internal streets shall be continuous and connect with other
internal streets or with public streets, or shall be provided with a cul-de-
sac having a minimum diameter of 150 feet. No internal street ending in a
cul-de-sac shall exceed 500 feet in length.
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6.Parking Requirements
A minimum of two (2) parking spaces shall be provided for each
manufactured home space. Each parking space will be a minimum of ten
feet (10?) by twenty feet (20?). Each parking space shall be constructed of
concrete or asphalt and located to eliminate interference with access to
parking areas provided for other manufactured homes and for public
parking. Required parking spaces shall not obstruct pedestrian walkways.
7.Carports
See section 21.8.3.
8.Unobstructed Access
Internal streets shall permit unobstructed access to within at least one
hundred feet (100?) of any portion of each manufactured home.
9.Intersections with Public Streets
Interior streets shall intersect adjoining public streets at approximately
ninety degrees (90°) and at locations which will eliminate or minimize
interference with traffic on these public streets.
10.Common Area Parking Area Required
To minimize on-street parking and to facilitate movement of emergency
vehicles into and through a manufactured home park, a minimum parking
area of 150 square feet per manufactured home space or lot shall be
provided in a common area for storage of boats or other vehicles in excess
of the minimum required parking and for visitors? vehicles.
11.Sidewalks
Sidewalks shall be installed on both sides of all streets and shall connect to
every space within a manufactured home park. Sidewalks shall be
constructed in accordance with City standards.
E.Street lighting
Street lighting within a manufactured home park shall be provided by the
developer or property owner along all internal streets. Street lights will be
installed in accordance with this UDC and shall have a height and spacing to
ensure that an average illumination level of not less than two-tenths (2/10)
footcandles shall be maintained.
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F.Manufactured Home Installation
Manufactured homes shall be installed in accordance with the following criteria:
1.Axle and hitch assemblies shall be removed at the time of placement on
the foundation.
2.Each manufactured home shall be totally skirted with masonry, pressure-
treated wood, or other nondegradable, fire resistant material which is
compatible with the design and exterior materials of the primary structure.
G.Access for Fire Fighting
1.Approaches to all manufactured homes shall be kept clear for fire fighting.
2.Water Supply Facilities for Fire Department Operations
Water supply facilities for fire department operations shall be connected to
an available City water supply. The adequacy of the water supply for
firefighting requirements shall be determined by the City Engineer. The
manufactured home park owner shall provide standard hydrants approved
by the City located within 500 feet of all manufactured home spaces,
measured along the driveways or streets. Fire hydrants will be subject to
periodic inspection by the City. It shall be the responsibility of the
manufactured home park owner to immediately notify the City Fire
Department of any fire hydrants in need of repair.
H.Recreation Area
1.Recreation Area Required
In all manufactured home parks accommodating or designed to
accommodate twenty or more manufactured homes, there shall be at least
one (1) recreation area which shall be easily accessible to all park
residents.
2.Size of Recreation Area
Not less than five percent (5%) of the gross site area of the manufactured
home park shall be devoted to recreational facilities, generally provided in
a central location. In large parks, this may be decentralized. Recreation
areas include space for community buildings and community use facilities
such as adult recreation and child play areas, swimming pools, and drying
yards, but not including vehicle parking areas.
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3.Playground Location
When playground space is provided, it shall be so designated and shall be
protected from traffic, thoroughfare and parking areas. Such space shall be
maintained in a sanitary condition and free of safety hazards.
I.Utilities
All utilities, including but not limited to electrical wiring, natural gas, telephone,
cable, internet and security systems, shall be installed underground and shall be
maintained in accordance with applicable City codes and regulations for such
systems.
J.Refuse and Garbage Handling
1.The storage, collection and disposal of refuse in a manufactured home
park shall be so conducted as to create no health hazards, rodent harborage
or air pollution. One or both of the systems described in the paragraphs 2
and 3 below shall be used in every park.
2.If refuse is gathered at the individual spaces, it shall be stored in fly-tight,
watertight, rodent-proof containers, and shall be located at each
manufactured home space. Containers for this use shall be provided in
sufficient number and capacity to properly store all refuse.
3.Centrally located refuse containers having a capacity of three cubic yards
or larger may be provided. If provided, such containers shall be so
designed as to prevent spillage and container deterioration, and to
facilitate cleaning around them.
4.The manufactured home park owner or agent shall ensure that refuse
containers, if provided within the manufactured home park, are maintained
in a sanitary and usable condition.
K.Miscellaneous Requirements
1.The owner, developer or manager of a manufactured home park shall be
responsible for ensuring compliance with all requirements of this UDC
and shall maintain the manufactured home park, its facilities and
equipment in good repair and in a clean and sanitary condition.
2.Skirting with the necessary vents, screens and/or openings shall be
required on all manufactured homes and shall be installed within thirty
(30) days after the placement of the manufactured home.
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3.Skirting, porches, awnings and other additions, when installed, shall be
maintained in good repair. The use of space immediately underneath a
manufactured home for storage shall be permitted only under the
following conditions.
a.The storage area shall have a base of impervious material.
b.Stored items shall not interfere with the underneath inspection of
the manufactured home.
c.The storage area shall be enclosed by skirting.
Sec. 21.6.3 Recreational Vehicle (RV) Parks
A.Size and Marking of Units or Sites
Each unit or site reserved for the accommodation of any recreational vehicle shall
have an area of not less than 576 square feet, exclusive of driveways, and shall be
at least twenty feet (24?) wide. It shall be defined clearly by proper markers at
each corner, shall be level, paved, and well drained. Any area in the City limits
proposed for use as a recreational vehicle park must be zoned for a district that
permits the use of land for a recreation vehicle park.
B.Location
No recreational vehicle shall be placed or erected closer than five feet (5?) from
the property line separating the recreational vehicle park from adjoining property,
measuring from the nearest point of the recreational vehicle.
C.Drainage
All land used as a recreational vehicle park shall be located on well-drained sites
of ample size, free from heavy or dense growth or brush or weeds. The land shall
be free from marsh and shall be graded or storm sewered to ensure rapid drainage
during and following rain.
D.Water Supply
Each site used as a recreational vehicle park shall be provided with a connection
and an adequate supply of water of safe, sanitary quality, approved by the City.
Where water from other sources than that of the municipal supply is proposed to
be used, the source of the supply shall first be approved by the City.
E.Collection and Removal of Waste and Garbage; Wastewater System
Each recreational vehicle park shall be provided with safe and adequate facilities
for the collection and removal of waste and garbage and shall provide a proper
and acceptable wastewater system, either by connection to the City wastewater
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system where it is available or to a septic tank, all of which shall comply with all
on-site sewage facility rules. If individual wastewater connections at each park
space are not provided, then a centralized dump station for disposal of waste and
garbage shall be provided.
F.Minimum Site Requirements
1.Minimum Space Area
RV parks shall have a minimum lot area meeting the requirements of the
Manufactured Home Park regulations as established in Table 21.5.7A.
Each RV space shall have a minimum space size of sixty feet (60?) by 110
feet for each RV.
2.Setback Requirements
a.The minimum front yard setback for each RV space shall be
twenty-five feet (25?) from the nearest corner of the RV to the
front line of the RV lot or space.
b.No RV shall be closer than ten feet (10?) from any side space line
or twenty-five feet (25?) to a space line adjoining a public street.
c.For other structures on each space, the minimum setback from any
space line shall be at least ten feet (10?).
d.The minimum distance between RV at any point shall be twenty-
five feet (25?).
3.Height Regulations
The maximum height for any structure in the RV park shall be thirty-five
feet (35?).
4.Soil and Ground Cover
Exposed ground surfaces in all parts of every RV park shall be paved or
protected with a vegetative ground cover that is capable of preventing soil
erosion and of eliminating dust.
5.Drainage
The ground surface in all parts of a manufactured home park shall be
graded and equipped to drain all surface water away from the
manufactured home spaces.
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6.Storage Facilities
A maximum 120 square foot accessory building may be provided on every
manufactured home space to be utilized solely for storage of personal
items belonging to the owner or tenant of the space. In-lieu of individual
accessory buildings on each lot or space, self storage facilities may be
provided for adequate storage. Where provided, storage facilities shall be
designed in a manner that will enhance the appearance of the RV park and
shall be one-hundred percent (100%) masonry, excluding doors and
windows. Storage outside of approved storage facilities shall be
prohibited.
G.Access, Traffic Circulation and Parking
1.Internal Streets and Signage
Internal streets, no-parking area signs and street name signs shall be
privately owned, built and maintained. Streets shall be designed for safe
and convenient access to all spaces and to facilities for common use of
residents. Internal streets shall be kept open and free of obstruction in
order that police and fire vehicles may have access to any area of the RV
park. The police department shall be authorized to issue citations for the
violation of the provision herein and to remove and impound offending
vehicles.
2.Signs Prohibiting Parking Required
On all sections of internal streets on which parking is prohibited under this
UDC, the developer or its successors and/or assigns shall erect metal signs
prohibiting parking. The sign type, size, height and location shall be
approved by the City Manager or his/her designee Department prior to
installation.
3.Internal Street Construction and Maintenance
All internal streets shall be constructed to specifications established by this
UDC and the Public Works Specifications Manual and shall be maintained
by the developer or its successors and/or assigns and shall be free of any
cracks, holes and other hazards. Internal streets shall be designed by a
licensed professional engineer in accordance with good engineering
designs and shall be approved by the City Engineer prior to issuance of an
occupancy permit for the manufactured home park.
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4.Emergency Ingress and Egress
All residents shall be notified when and where emergency ingress/egress
has been provided. Procedures shall be established to warn the residents
of the opening of the emergency access in the event of an emergency.
5.Internal Street Dimensions and Parking
An internal street or common access route shall be provided to each RV
space. Each street shall have a minimum width of thirty feet (30?) and off-
street parking shall be in ratio of two (2) parking spaces for each RV
space. On-street parking shall be permitted on only one side of the street.
Each parking space will be a minimum of ten feet (10?) by twenty feet
(20?). The internal streets shall be continuous and connect with other
internal streets or with public streets, or shall be provided with a cul-de-
sac having a minimum diameter of 150 feet. No internal street ending in a
cul-de-sac shall exceed 500 feet in length.
6.Parking Requirements
A minimum of two (2) parking spaces shall be provided for each RV
space. Each parking space shall be constructed of concrete or asphalt and
located to eliminate interference with access to parking areas provided for
other RVs and for public parking. Required parking spaces shall not
obstruct pedestrian walkways.
7.Unobstructed Access
Internal streets shall permit unobstructed access to within at least one
hundred feet (100?) of any portion of each RV.
8.Intersections with Public Streets
Interior streets shall intersect adjoining public streets at approximately
ninety degrees (90°) and at locations which will eliminate or minimize
interference with traffic on these public streets.
9.Common Area Parking Area Required
To minimize on-street parking and to facilitate movement of emergency
vehicles into and through a RV park, a minimum parking area of 150
square feet per RV space or lot shall be provided in a common area for
storage of boats or other vehicles in excess of the minimum required
parking and for visitors? vehicles.
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10.Sidewalks
Sidewalks shall be installed on both sides of all streets and shall connect to
every space within a RV park. Sidewalks shall be constructed in
accordance with City standards.
H.Street lighting
Street lighting within a RV park shall be provided by the developer or property
owner along all internal streets. Street lights will be installed in accordance with
this UDC and shall have a height and spacing to ensure that an average
illumination level of not less than two-tenths (2/10) footcandles shall be
maintained.
I.Fire Code
1.Access for Fire Fighting
Approaches to all RVs shall be kept clear for fire fighting.
2.Water Supply Facilities for Fire Department Operations
Water supply facilities for fire department operations shall be connected to
an available City water supply. The adequacy of the water supply for
firefighting requirements shall be determined by the City Engineer. The
RV park owner shall provide standard hydrants approved by the City
located within 500 feet of all RV spaces, measured along the driveways or
streets. Fire hydrants will be subject to periodic inspection by the City. It
shall be the responsibility of the RV park owner to immediately notify the
City Fire Department of any fire hydrants in need of repair.
J.Recreation Area
1.Recreation Area Required
In all RV parks accommodating or designed to accommodate twenty or
more RVs, there shall be at least one (1) recreation area which shall be
easily accessible to all park residents.
2.Size of Recreation Area
Not less than five percent (5%) of the gross site area of the RV park shall
be devoted to recreational facilities, generally provided in a central
location. In large parks, this may be decentralized. Recreation areas
include space for community buildings and community use facilities such
as adult recreation and child play areas, swimming pools, and drying
yards, but not including vehicle parking areas.
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3.Playground Location
When playground space is provided, it shall be so designated and shall be
protected from traffic, thoroughfare and parking areas. Such space shall be
maintained in a sanitary condition and free of safety hazards.
4.Total Open Space Requirements
RV parks shall provide a minimum of twenty percent (20%) open space of
the total gross site area of the park. The minimum required open space
may be inclusive of the required recreational area calculation.
K.Utilities
All utilities, including but not limited to electrical wiring, telephone, cable,
internet and security systems, shall be installed underground and shall be
maintained in accordance with applicable City codes and regulations for
such systems.
L.Miscellaneous Requirement
The owner, developer or manager of a RV park shall be responsible for
ensuring compliance with all requirements of this UDC and shall maintain
the RV park, its facilities and equipment in good repair and in a clean and
sanitary condition.
End of Article 6
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Article 7 ? Nonconforming Uses, Lots and Structures
Schertz Unified Development Code
Article 7Nonconforming Uses, Lots and Structures
Sec. 21.7.1 Purpose and Intent
A.Within the districts established by this UDC or amendments thereto, there may
exist lots, structures, uses of land and structures, and characteristics of use which
were lawfully in existence and operating before this UDC was enacted, amended
or otherwise made applicable to such lots, structures or uses, but which do not
now conform to the regulations of the district in which they are located. It is the
intent of this UDC to permit such nonconforming uses to continue, as long as the
conditions within this section and other applicable sections of this UDC are met.
B.It is further the intent of this UDC that nonconforming uses, lots and structures
shall not be enlarged upon, expanded or extended, and shall not be used as a basis
for adding other structures or uses prohibited elsewhere in the same district.
C.Nonconforming uses are hereby declared to be incompatible with the permitted
uses in the districts involved.
Sec. 21.7.2 Nonconforming Status
A.Except as provided in section 21.7.9 below, any use, platted lot or structure that
does not conform with the regulations of this UDC on the effective date hereof or
any amendment hereto, shall be deemed a nonconforming use, platted lot or
structure provided that:
1.such use, platted lot or structure was in existence under, and in compliance
with, the provisions of the immediately prior UDC or code;
2.such use, platted lot or structure was a lawful, nonconforming use, platted
lot or structure under the immediately prior UDC or code; or
3.such use, platted lot or structure was in existence at the time of annexation
into the City, was a legal use of the land at such time, and has been in
regular and continuous use since such time.
B.Except as provided in section 21.7.9 below, any other use, platted lot or structure
which does not conform with the regulations of the zoning district in which it is
located on the effective date of this UDC or any amendment hereto, shall be
deemed to be in violation of this UDC, and the City shall be entitled to enforce
fully the terms of this UDC with respect to such use, platted lot or structure.
Sec. 21.7.3 Continuing Lawful Use of Land and Structures
A.A nonconforming use or structure may continue to be used, operated or occupied
in accordance with the terms of the zoning regulations by which it was
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established, or in the case of annexed property, in accordance with the regulations
under which it was created.
B.A nonconforming structure occupied by a nonconforming use may be re-occupied
by a conforming use, following abandonment of the nonconforming use.
Sec. 21.7.4 Expansion of Nonconforming Uses and Structures
A.A nonconforming use may be extended throughout the structure in which it is
located, provided that:
1.the structure or its premises shall not be enlarged or increased in height, in
floor area or in land area to accommodate extension of the nonconforming
use;
2.no alteration shall be made to the structure occupied by the
nonconforming use, except those alterations that are required by law to
preserve the integrity of the structure and alterations that would upgrade
the quality, safety or aesthetic appeal of the structure; and
3.the number of dwelling units occupying the structure shall not exceed the
number of dwelling units existing at the time the use became
nonconforming.
B.A nonconforming use occupying a structure shall not be extended to occupy land
outside the structure.
C.A nonconforming use or structure shall not be enlarged, increased or extended to
occupy a greater area of land than was occupied at the time the use or structure
became nonconforming, except to provide additional off-street parking or loading
areas required by this UDC.
Sec. 21.7.5 Abandonment of Nonconforming Uses and Structures, and Cessation of Use
of Structures or Land
A.If a nonconforming use or structure is abandoned, any future use of the premises
shall be in conformity with the provisions of this UDC, as amended, and with any
other applicable City codes, ordinances or regulations that are in effect at the time
the use is resumed or the structure is re-occupied.
B.A nonconforming use or structure shall be deemed ?abandoned? in the following
circumstances:
1.the use ceases to operate for a continuous period of 180 calendar days;
2.the structure remains vacant for a continuous period of 180 calendar days;
or
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3.in the case of a temporary use, the use is moved from the premises for any
length of time.
C.If the use of any lot, tract or property that does not have a building on it and that is
used for open/outside storage as of the effective date of this UDC is made
nonconforming by this UDC, as amended on the effective date, then such storage
use shall cease within 180 calendar days following the effective date of this UDC.
The lot, tract or property shall be cleaned up and all trash, debris, stored items and
vehicles, and other materials shall be removed from the premises such that the
property is not a physical or visual nuisance to the public or to surrounding
property owners.
Sec. 21.7.6 Substitution of Nonconforming Uses
A.A nonconforming use shall not be changed to another nonconforming use.
B.A nonconforming use may be changed to a conforming use provided that, once
such change is made, the use shall not be changed back to a nonconforming use.
C.A conforming use located in a nonconforming structure may be changed to
another conforming use, but shall not be changed to another nonconforming use.
D.Notwithstanding any of the provisions of this section, a nonconforming HUD-
Code manufactured home may be exchanged or replaced by another HUD-Code
manufactured home, provided the newly located residential unit is owner-
occupied.
Sec. 21.7.7 Reconstruction or Repair of Nonconforming Structure
A.If more than fifty percent (50%) of the total appraised value of a nonconforming
structure, as determined by the applicable County Appraisal District, is destroyed
by fire, the elements, or some other cause, then the structure may be rebuilt only
in conformity with the standards of this UDC.
B.If less than fifty percent (50%) of the total appraised value of a nonconforming
structure, as determined by the applicable County Appraisal District, is destroyed
by fire, the elements, or some other cause, then the structure may be reconstructed
as it was before the partial destruction but only to its original dimensions and
floor area, and provided that such reconstruction is completed within 365 calendar
days following the event that caused the partial destruction. If reconstruction is
delayed by contested insurance claims, litigation, or some other similar cause,
then the 365 calendar day reconstruction period may be extended by the City
Manager or his/her designee, at his/her sole discretion.
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C.If a nonconforming structure that is totally or partially destroyed was occupied by
a nonconforming use at the time of such destruction, then the nonconforming use
may be re-established subject to the limitations on expansion set forth in section
21.7.4 above.
D.Any conforming structure that is totally or partially destroyed shall be
reconstructed only in conformity with the standards of this UDC.
E.Nothing in this UDC shall be construed to prohibit the upgrading, strengthening,
repair or maintenance of any part of any structure, conforming or nonconforming,
that is declared unsafe or uninhabitable by the proper authority, unless such
repairs or maintenance exceeds fifty percent (50%) of the structure?s appraised
value, as determined by the applicable county appraisal district.
Sec. 21.7.8 Relocation of Nonconforming Structure
No nonconforming structure or building shall be moved in whole or in part to any other location
on the lot, or to any other location or lot, unless every portion of such structure is in compliance
with all the regulations of the zoning district in which the structure is to be relocated. Such
building relocation shall also require a structure relocation permit from the City, and may also
require platting of the intended building site as well as Site Plan approval pursuant to this UDC.
Sec. 21.7.9 Nonconforming Lots
A.The following types of platted lots shall be deemed in conformance with the
provisions of this UDC, notwithstanding the fact that such lot does not meet the
standards of this UDC in the zoning district in which it is located:
1.any vacant lot that conformed to the City?s zoning district regulations at
the time that it was platted; or
2.any lot occupied by a single-family dwelling authorized under the zoning
district regulations in which the lot is located.
B.Nothing in this UDC shall be construed to prohibit the use of a lot that does not
meet the minimum lot standards of the zoning district in which it is located,
provided that the lot is zoned for the land use(s) intended and the lot was platted
as a lot of record prior to the effective date of this UDC.
C.A lot of record located within the RA zoning district that is nonconforming may
be occupied by a single-family dwelling provided that all applicable zoning
standards with regard to building setbacks, building size and design criteria are
met.
Sec. 21.7.10 Validation
A.Within the City, there exist on the following subdivisions: Belmont Park; Kramer
Farm; Whisper Meadows; Northcliffe II; Tanglewood; Wynn Brook; Jonas
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Woods Unit 1 Lots 1-18, Block 3; Jonas Woods Unit 1 Lots 1-29, Block 2; Jonas
Woods Unit 1 Lots 1-18 and 51-65, Block 1; Jonas Woods Unit 4; The Ridge at
Scenic Hills; Fairhaven; The Links at Scenic Hills; and The Fairways at Scenic
Hills (the ?Subdivisions?), which include structural encroachments onto platted
setbacks; plats with improperly designated setbacks or improper lot sizes; and
improper master plans. It is the intent of this section to validate such improper
encroachments, plats, and master plans in the Subdivisions and to determine that
such improper encroachments, plats, and master plans are deemed not to be in
violation of this UDC, but only so long as the conditions within this section
21.7.10 of this UDC are met. The provisions of this section shall be limited to
validate only the improper encroachments, plats, and master plans on February
24, 2009 in the Subdivisions.
B.The portions of existing structures encroaching onto platted setbacks in any of the
Subdivisions on the effective date of this UDC (Validated Encroaching
Structures) shall not be enlarged upon, expanded, or extended into the platted
setback area.
C.If more than fifty percent (50%) of (i) the total square footage of a Validated
Encroaching Structure or (ii) the total appraised value of the Validated
Encroaching Structure, as determined by the applicable County Appraisal District,
is destroyed by fire, the elements, or some other cause, the Validated Encroaching
Structure may not be rebuilt within the platted setback, except as may otherwise
be permitted by this UDC (other than this section). If fifty percent (50%) or less
of (i) the total square footage of a Validated Encroaching Structure or (ii) the total
appraised value of the Validated Encroaching Structure, as determined by the
applicable County Appraisal District, is destroyed by fire, the elements, or some
other cause, the Validated Encroaching Structure may be reconstructed as it was
before the partial destruction but only to its original dimensions and footprint area
within the platted setback, and provided that such reconstruction is completed
within 365 calendar days following the event that caused the partial destruction. If
reconstruction is delayed by contested insurance claims, litigation, or some other
similar cause, the 365 calendar day reconstruction period may be extended by the
City Manager or his/her designee, at his/her sole discretion.
D.No Validated Encroaching Structure encroaching onto a platted setback shall be
moved in whole or in part to any other location on the lot, unless every portion of
such structure after such relocation is out of the platted setback and is in
compliance with all the requirements of the zoning district for such lot and all
other applicable requirements of this UDC and other applicable codes, ordinances
or regulations of the City in effect at such time.
E.If application is made to have plats with improper setbacks, plats with improper
lot sizes, and/or existing master plans for any of the Subdivisions replatted or
amended, any such replats or amendments shall be required to be in conformity
with the provisions of this UDC (other than this section) and with all other
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applicable City codes, ordinances or regulations that are in effect at the time
application for amendment or replatting is made.
F.This section is subject in all events to the property owner?s rights set forth in LGC
Chapter 245.
End of Article 7
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Article 8 ? Special Uses and General Regulations
Schertz Unified Development Code
Article 8Special Uses and General Regulations
Sec. 21.8.1 Secured (Gated Communities)
A.Purpose
To achieve orderly development of secured (gated) communities, to promote and
develop the utilization of land to assure the best possible community environment
in accordance with the Comprehensive Land Plan and to protect and promote the
health, safety and general welfare of the City.
B.Establishment of a Secured (Gated) Community
1.Minimum Size
The minimum acreage requirement for a secured (gated) community shall be
seventy five (75) acres.
2.Master Plan Required
A master plan shall be required for all proposed secured (gated) communities and
shall be submitted in accordance with section 21.12.5 and shall illustrate the
security system to be used, the type of fence, and the type of gate
(electric/manual/etc.) to be used. All secured (gated) communities shall be
surrounded by a masonry or wrought iron fence with at least two (2) entrances,
electronically or manually controlled gates and shall be administered by a
Homeowner?s Association. Entry and exit ways to secured (gated) communities
shall have a minimum width of twenty feet (20?) when the gate is fully opened
and shall be equipped with a Knox key entry system as approved by the Fire
Department.
3.Conflict with Master Thoroughfare Plan
a.A secured (gated) community shall not cross an existing or
proposed thoroughfare as shown on the City?s Master
Thoroughfare Plan.
b.A secured (gated) community shall not disrupt or cross an existing
or proposed public pedestrian pathway, hike and bike trail, park or
other public facility as shown on the City?s Master Thoroughfare
Plan or Parks and Open Space Master Plan.
C.Homeowners Association (HOA)
1.A HOA shall be established for a secured (gated) community and creation
shall be so noted on the plat. The following ?Maintenance Agreement?
statement shall appear on the final plat:
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?Streets within this subdivision shall be constructed in accordance with the
City of Schertz public streets standards. The upkeep and maintenance to
include the mowing of shoulders and right-of-way, removal of weeds and
unclogging of culverts shall be the responsibility of the Homeowners
Association. The City of Schertz is released from any liability of these
streets. Periodic inspection by a public official who is authorized to
enforce complaints about poor maintenance is permitted.?
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.
3.The City shall be granted permission for and practical access at any time
without liability when on official business and further, to permit the City
to remove any obstructions including, but not limited to, any gate and
guard house, upon noncompliance by the HOA or if necessary for
emergency vehicle access. The cost of removal of any obstruction shall be
assessed to the owner or if a common facility, to the HOA.
4.The HOA shall provide access for fire, ambulance, and police services,
mail deliveries, school buses, garbage pickup, and utilities. Access must
not require drivers to exit their vehicles.
5.Repair and maintenance of common facilities shall be conducted on a
schedule acceptable to the City and shall be undertaken promptly by the
HOA. This schedule shall be submitted to the City Engineer for review at
the same time as the financials required by 6 below.
6.Annually, the HOA shall submit to the City Engineer a copy of that year?s
certified financial statements which shall include a balance sheet showing
amounts in maintenance reserve accounts, if any, at the end of the period,
income statement showing expenditures during the reporting period and a
budget showing projected allocations to the maintenance reserve accounts
and projected expenditures for the coming year.
D.Controlled Access
When there is a controlled access to a subdivision, whether it is a mechanical
device or a security guard, the maintenance and upkeep will be the responsibility
of the Homeowners Association. Access at all times by public safety personnel
must be guaranteed.
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E.Private Streets
1.All streets and sidewalks within a secured (gated) community shall be
private streets, shall be maintained by the HOA, and shall be constructed
in accordance with City standards.
2.If repairs and maintenance are not performed by the HOA, the City shall
have the authority to undertake any necessary repairs or maintenance and
shall be reimbursed by the HOA. A statement shall be added to the plat
which provides for maintenance of streets by the HOA and authorizes the
City to perform such repairs or maintenance at the expense of the HOA.
F.Converting Private Streets to Public Streets
1.Upon a written request signed by HOA officers and submitted to the City
Council, dedication of private streets to the public may be accomplished
providing that private streets are brought up to the standards for public
streets in the City and upon approval by the City Council.
2.The written request shall be accompanied by a petition containing the
signatures of the owners of one-hundred percent (100%) of the existing
lots in the subdivision.
3.All repairs, maintenance, or reconstruction of private streets shall be
approved and accepted by the City prior to conversion. All conversion
dedication costs shall be paid by the HOA.
Sec. 21.8.2 Accessory Buildings, Uses and Structures
A.No accessory building, use or structure shall be permitted without a primary use
or structure.
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 ½ acre is limited to a
maximum of three (3).
C.Accessory buildings, uses or structures shall be set back three feet (3?) from
common property lines and may not be located within an easement.
D.No accessory building, use or structure may be closer than ten feet (10?) to the
main building.
E.No detached accessory building, use or structure shall be allowed in the front
yard.
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F.Attached accessory buildings, uses or structures shall comply with the front, side
and rear setbacks and height restrictions established for the primary structure
and/or this section.
G.The wall height of the accessory building, use or structure shall be limited to not
more than eight feet (8?) and total accessory building, use or structure height shall
not exceed fifteen feet (15?). This is only applicable to platted subdivisions with a
specific lot size e.g. eighty feet (80?) by one hundred feet (100?) and is not
intended to be applicable for one-owner multiple acre residence. In this instance,
a variance is not required and the total accessory building, use or structure height
cannot exceed thirty-five feet (35?).
H.Accessory buildings, uses or structures that are accessory to a principal residential
use on the same lot shall require administrative Site Plan approval prior to
building permit issuance.
I.The minimum separation between a main structure and detached accessory
building, use or structure other than a carport shall be ten feet (10?).
J.The minimum separation between the main building and an in-ground or above-
ground pool, spa, hot tub, playhouse, sauna or gazebo which does not exceed one
story in height may be less than ten feet (10?) if the accessory building, use or
structure is contiguous with or an integral part of the main building, and/or the
accessory building, use or structure is engineered by a professional engineer to
ensure the integrity of the existing (main building) foundation.
1.Such plans indicating the design for any such structure shall be submitted
to the Building Inspector for review in connection with the issuance of a
building permit; and
2.Setback distances for in-ground or aboveground pools, spas, hot tubs and
saunas shall be measured to the outside edge of the beam (structural edge)
of the pool, spa, etc.
K.Detached equipment and appliances in commercial and manufacturing districts
shall be located immediately adjacent to the principal building.
L.Detached accessory buildings, uses or structures in commercial and
manufacturing districts shall be constructed of the same exterior materials as
required in Article 9, Site Design Standards, and shall not be located in a manner
that decreases the minimum number of parking spaces required.
M.Accessory buildings, uses or structures located in commercial and manufacturing
districts shall be located at the rear of the principal building and property and shall
not occupy designated parking spaces.
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N.Automatic teller machine (ATM) drive-thru structures are not authorized unless
the associated bank occupies a space on the same property and has a valid
Certificate of Occupancy.
Sec. 21.8.3 Carports, Porte-Cocheres
A.Multifamily/Non-residential Districts
1.Carports shall be allowed in multifamily and non-residential districts.
2.Carports shall be located within all building setbacks.
3.Carports shall not be located within required landscaping areas.
4.The minimum height of the carport entry shall be fourteen feet (14?).
5.All parking spaces located under the carport shall be of asphalt or
concrete.
6.Carports shall be structurally sound, as determined by the Director of
Development Services or his/her designee.
B.Manufactured Home Subdivisions and Parks
1.A carport may not be constructed in such a way that any part of the
structure encroaches into a required setback as set by the underlying
zoning district.
2.The maximum height of the carport entry shall be ten feet (10?).
3.Driveways to the carport and parking spaces under the carport shall be
constructed of asphalt or concrete.
4.Parking spaces shall be a minimum of ten feet (10?) by twenty feet (20?).
5.The carport shall be structurally sound as determined by the Director of
Development Services or his/her designee.
6.The carport must not drain directly or indirectly onto neighboring
properties.
C.Single Family and Duplex Districts
1.Shall be attached to a residence and shall be an integral part of the primary
structure;
2.Shall not encroach into a required setback as set by the underlying zoning
district;
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3.Shall be erected over a driveway constructed of asphalt or concrete;
4.Shall not exceed one (1) story in height;
5.Shall be open on two (2) or more sides; and
6.Shall be constructed of the same material as the primary structure.
Sec. 21.8.4 Home Occupations
A.Purpose and Intent.
1.Protect residential areas from adverse impact of activities associated with
home occupations.
2.Permit residents of the community a reasonable choice in the use of their
homes as a place of livelihood and the production or supplementing of
personal and family income.
3.Establish criteria and development standards for home occupations
conducted in dwelling units.
B.Home Occupations--Required Conditions
1.The area set aside for home occupations shall not exceed twenty percent
(20%) of the total floor area of such residence.
2.No interior or exterior business sign shall be permitted.
3.No mechanical equipment shall be used except of a type that is similar in
character to that normally used for purely domestic or household
mechanical equipment as for hobby purposes in conjunction with the
home occupation.
4.Retail sales shall be prohibited on the premises.
5.No more than one person other than the immediate family permanently
residing on the premises shall be employed in the home occupation.
6.No more than one home occupation shall be permitted within any single
dwelling unit.
7.A home occupation shall be carried on wholly within the principal
building. No home occupation or any storage of goods, materials, or
products connected with a home occupation shall be allowed in accessory
buildings or garages, attached or detached, excluding paints and chemicals
that may be used in the home occupation.
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8.There shall be no exterior indication of the home occupation or variation
from the residential character of the principal building.
9.There shall be no exterior storage of materials to be used in conjunction
with a home occupation.
10.A home occupation shall produce no offensive noise, vibration, smoke,
electrical interferences, dust, odors, or heat detectable beyond the property
limits or beyond the walls of the dwelling unit. The judgment of the City?s
Code Enforcement Officer pertaining to a violation under this section shall
be considered decisive and final unless formally appealed to the BOA
within thirty (30) days after the Code Enforcement Officer?s written
determination.
11.All home occupations may be subject to periodic inspections by the City.
C.Home Occupation Permit
1.Purpose
To establish a method to allow the City to regulate and control
nonresidential activities and maintain a record of the types and numbers of
home occupations in the City.
2.Permit Required.
Each resident within the City who has, or desires to establish an
authorized home occupation, is required to have a home occupation
permit.
3.Application for Home Occupation Permit
a.Applicant shall apply to the City?s Director of Development
Services or his/her designee for a home occupation permit.
b.The Director of Development Services or his/her designee may
issue the permit if the home occupation meets all the requirements
established in Paragraph B.
c.The decision of the Director of Development Services or his/her
designee may be appealed to the BOA in accordance with section
21.4.14.
d.The BOA will be the final judgment on appeals which must be
submitted to the BOA within thirty (30) days after disapproval by
the Director of Development Services or his/her designee.
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e.Supporting Documents
i.Signed statement
One type of supporting evidence that may be submitted to
the BOA for their consideration of an appeal is a signed
statement by each property owner up to 200 feet of the
property on which the home occupation is to occur, stating
that the property owner has no objection to the existence of
the proposed home occupation. An example of such a
statement is as follows:
?I (name) the property owner at (address) have been
advised by (name of home occupation applicant) of the
request to the City for a Home Occupation Permit for the
purpose of conducting (type of home occupation) and I
have no objection to the home occupation permit being
granted for the purpose reflected in this statement.
Signature of neighboring property owner and date?
ii.Statement from property owner
An applicant who is renting the property on which a home
occupation permit is requested shall obtain a written
statement from the owner of the property. The owner will
state that he/she has no objection to the home occupation
on the property.
iii.Persons with demonstrated physical handicaps
Persons with physical handicaps may be permitted special
consideration. The applicant may request a waiver of a
portion or all of one or more of the requirements for a home
occupation.
iv.Granting of exception
It shall be the responsibility of the applicant to submit
sufficient evidence to justify the granting of an exception to
any of the requirements in Paragraph B.
f.Conditions Applicable to Home Occupation Permits
i.Validation
A home occupation permit expires every December 31.
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ii.Renewal
Permits shall be renewed annually.
iii.Inspection
The Director of Development Services or his/her designee
is authorized to periodically enter the premises to ensure
full compliance with these requirements.
iv.Termination
When a home occupation is found in noncompliance with
the requirements outlined in Paragraph B, the permit will
be terminated immediately.
v.Renewal of terminated permits
The procedure for renewal of a terminated permit shall be
the same as required for the issuance of a new permit under
this section.
Sec. 21.8.5 Reserved
Sec. 21.8.6 Telecommunications Antennas
A.Purpose
The purpose of this section is to further an overall plan for the enhancement of
public safety, consistent community development, preservation of property values
and the general welfare of the City while providing for the communication needs
of the residents and businesses in the City. Additional purposes of this section are
to:
1.ensure that their location and use do not compromise the aesthetic quality
of the community;
2.facilitate the provision of wireless telecommunication services to the
residents and businesses of the City;
3.encourage operators of antenna facilities and antennas to locate them in
areas where the adverse impact on the community is minimal;
4.encourage co-location on both new and existing antenna facilities;
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5.encourage operators of antenna facilities and antennas to configure them
in a way that minimizes the adverse visual impact through careful design,
landscape screening, and innovative stealth techniques; and
6.enhance the ability of wireless telecommunication providers to provide
services to the community effectively and efficiently.
B.Applicability
Except as specifically provided, all new Telecommunications Towers or Antennas
in the City shall be subject to the regulations contained in this section.
Preexisting Towers or Antennas lawfully in existence on the effective date of this
UDC shall not be required to meet the requirements of this UDC, other than those
contained in sections 21.8.6.C.9 and 21.8.6.C.11 below.
C.General Regulations
The following regulations apply to all antenna facilities and antennas located
within any district:
1.Telecommunications Antennas
Subject to the second sentence of this paragraph, telecommunications
antennas shall be placed on City towers or other City facilities designated
from time to time by the City if the City determines that an appropriate
City tower or other City facility is in the required signal area and that there
is available antenna space on such City tower or other City facility. If the
City makes such determinations but the applicant prefers to locate its
telecommunications antenna(s) on another tower or facility, the applicant
must provide an engineering study reasonably acceptable to the City
Manager or his/her designee that the City-designated location is not in the
appropriate signal location or that there is insufficient antenna space at the
City-designated location The City Manager may, in his/her sole
discretion, waive the requirements of this section, and this section shall
not prohibit an applicant from placing its telecommunications antenna(s)
on its own commercial facilities or offices in the City.
Telecommunications antenna(s) placed on the applicant?s own commercial
facilities or offices must be affixed to the building?s exterior and may not
extend more than six feet (6?) above the top roof line of the building,
unless the City Manager, in her/her sole discretion, authorizes a higher
location. The applicant shall contact the City Manager or his/her designee
regarding City leasing requirements.
2.Equipment Storage Building
An Equipment Storage Building associated with an Antenna Facility or an
Antenna shall be screened and landscaped as described in other sections of
this UDC, or be incorporated into the stealth treatment so that it is
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consistent and complementary with the existing structures and uses on the
premises. All Equipment Storage Buildings must be constructed of a
masonry material or enameled metal. Alternative materials may be
permitted upon approval by the City Council and recommendation by the
Planning and Zoning Commission. The base of all tower facilities must be
screened with a masonry wall that will completely screen the Equipment
Storage Building.
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.
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)
or the Federal Communications Commission (FCC).
5.Antenna Facility Capacity
All new Antenna Facilities must be structurally designed to allow for at
least two (2) carriers.
6.Tower Types
Only monopole, alternative mounting structures or stealth towers are
permitted in the City.
7.Prohibited in Easements
Antenna facilities shall not be placed in easements unless authorized by
the easement holder.
8.Construction Standards
A building permit must be obtained prior to the construction, installation,
modification or material alteration of any Antenna Facility.
9.Building Codes, Zoning and Safety Standards
To ensure the structural integrity of Antenna Facilities, the owner of an
Antenna Facility must ensure that it is maintained in compliance with all
provisions of the City?s building code and zoning regulations. If, upon
inspection by the City Engineer or his designee, the City concludes that an
Antenna Facility fails to comply with such codes and regulations and/or
constitutes a danger to persons or property, then upon written notice to the
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owner of the Antenna Facility, the owner shall have thirty (30) days to
bring such tower into compliance with applicable standards. Failure to
bring such tower into compliance shall constitute grounds for the removal
of the Antenna Facility by the owner and at the owner?s expense. This
notice requirement shall not preclude immediate action by the Director of
Development Services or his/her designee as allowed by law if public
safety requires such action.
10.Contained on Property
No part of an Antenna Facility, antennas, or other attachment may extend
beyond the property lines or required building lines of the lot on which the
antenna or Antenna Facility is located.
11.State or Federal Requirements
All Antenna Facilities must meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the state or
federal government with the authority to regulate towers and antennas. If
such standards and regulations are changed, and if the controlling state or
federal agency mandates compliance, then the owners of the towers and
antennas governed by this section shall bring such towers and antennas
into compliance with such revised standards and regulations within six (6)
months of the effective date of such standards and regulations, unless a
different compliance schedule is mandated by the controlling state or
federal agency. A copy of an approval letter from any state or federal
controlling agency shall be provided with every application for a
telecommunications tower.
12.Variance Requirement
A variance granted by the BOA, pursuant to section 21.4.12 of this UDC,
is required for an Antenna or Antenna Facility which will not comply with
the requirements of this section unless otherwise specified herein.
D.Amateur Radio Antenna and TV Antennas
Amateur Radio Antenna and TV Antennas are allowed as accessory uses in the R-
1, R-2, R-3, R-4, GH, R-6, R-7, R-A, MHS, MHP, or any residentially zoned
PDD. Amateur Radio Antennas and TV Antennas must comply with the
following regulations:
1.Antenna Location
Amateur Radio Antennas and TV Antennas can only be located on a roof
or in the back yard of a residence.
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2.Number of Facilities Per Lot
No more than one (1) TV Antenna and one (1) Amateur Radio Antenna
are permitted on each lot. Amateur Radio Antennas are only permitted for
operators that have an amateur radio operator license from the FCC and
the operator must provide the City proof of a current FCC license before
an Amateur Radio Antenna is installed or maintained on a lot.
3.Height Limitations
An Amateur Radio Antenna or TV Antenna can not extend more than
eight feet (8?) above the maximum height limitation applicable for the
zoning district.
4.Setbacks
Amateur Radio Antennas or TV Antennas are not permitted within any
required setback area.
E.Satellite Receive Only Antennas, Less Than One (1) Meter in Diameter
Satellite dish receiving antennas, one (1) meter or less in diameter shall be
permitted as an accessory use in the R-1, R-2, R-3, R-4, GH, R-6, R-7, R-A,
MHS, MHP, or any residentially zoned PDD. Satellite Receive Only Antenna
must comply with the following regulations:
1.Antenna Location
Satellite Receive Only Antenna less than one (1) meter in diameter can
only be located on a roof or in the back yard of a residence.
2.Number of Facilities Per Lot
No more than one (1) Satellite Receive Only Antenna less than one (1)
meter in diameter is permitted on each lot.
3.Height Limitations
A Satellite Receive Only Antenna less than one (1) meter in diameter can
not extend more than eight (8) feet above the maximum height limitation
applicable for the zoning district.
4.Setbacks
Satellite Receive Only Antennas less than one (1) meter in diameter are
not permitted within any required setback area.
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F.Satellite Antennas Greater Than One Meter in Diameter
A Satellite Antenna greater than one (1) meter in diameter is permitted as an
accessory use under the following conditions:
1.Nonresidential Zoning Districts
Satellite Antennas greater than one (1) meter in diameter is an accessory
use permitted by right in nonresidential zoning districts.
2.Residential Zoning Districts
Satellite Antennas greater that one (1) meter in diameter are only allowed
in residential zoning districts upon the approval of an SUP granted by the
BOA.
3.Height
Satellite Antennas greater than one (1) meter in diameter shall not exceed
ten feet in height above the base of their mount.
4.Location
Satellite Antennas greater than one (1) meter in diameter can not be
erected in any required setback or in the front of residential structures.
5.Screening
Satellite Antennas greater than one (1) meter in diameter that are mounted
on the ground shall be screened from view from adjoining properties by
solid fencing or evergreen plants to a height of a least six feet (6?).
G.Placement of Antenna Facilities
This section does not apply to amateur radio, TV, and satellite receive-only
antennas. For the purpose of determining the appropriate locations for the
placement of antenna facilities, the City is divided into land use threshold areas
that establish different regulations pertaining to height, location, and type of
Antenna Facility. These land use thresholds are defined as follows:
1.Full Commercial (?FC?)
Property within the OP, NS, GB, GB-2, M-1, M-2, or non-residential
Planned Development zoning districts.
2.Undeveloped Residential (?UR?)
Property within R-1, R-2, R-3, R-4, GH, R-6, R-7, R-A, MHS, MHP or
any residentially zoned PDD, that:
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a.is not a part of a recorded subdivision; or
b.is a part of a recorded subdivision but has not had a building
permit issued for a residential structure and is not located within
the calculated limits of the Developed Residential (?DR?)
threshold.
3.Wireless Corridors (?WC?)
Property within, and 150 feet either side of, the right-of-way of a freeway
or a principal arterial roadway, as indicated on the Master Thoroughfare
Plan.
4.Developed Residential (?DR?)
Property within the R-1, R-2, R-3, R-4, GH, R-6, R-7, R-A, MHS, MHP,
or any residentially zoned PDD, which:
a.Is a recorded subdivision that has had at least one building permit
for a residential structure; or
b.Is within 600 feet of areas described in paragraph 4.a.
H.Antenna Facility Impact Levels
For the purpose of determining appropriate locations for Antenna Facilities, the
City recognizes differing levels of impact for antenna facilities depending upon
physical location, aesthetics, and land use compatibility. These Antenna Facility
impact levels are described as follows:
1.Monopole
A monopole tower requires an SUP. The antenna equipment may not
extend more than five feet (5?) above the highest point on the monopole.
2.Level 4 Stealth Facility
The antenna on a Level 4 Stealth facility is located on an existing structure
(other than a telecommunications tower) including, but not limited to, a
building, water tower, utility tower, steeple, or light pole. The antenna is
neither screened nor hidden. For the purpose of this level, a pole or tower
may be reconstructed to structurally hold the antenna but the height of the
structure can not be increased.
3.Level 3 Stealth Facility
The antenna on a Level 3 stealth facility is located on an existing structure
(other than a telecommunications tower) including, but not limited to, a
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building, water tower, utility tower, steeple, or light pole. The antenna
shall be aesthetically painted, constructed, or applied with material so that
it is incorporated into the pattern, style, and material of the structure to
effectively render the antenna unnoticeable. A new structure may be
constructed to hold or house the antenna or equipment; however, the
structure must be consistent with the overall architectural features of the
primary buildings
4.Level 2 Stealth Facility
The antenna on a Level 2 stealth facility is attached to the structure in such
a manner that if it is seen it appears unrecognizable as an antenna, and the
structure in which or on which the antenna is attached is an integral part of
an overall development.
5.Level 1 Stealth Facility
The antenna on a Level 1 stealth facility is attached to the structure in such
a manner that the antenna is completely unseen and the structure in which
or on which the antenna is attached is an integral part of an overall
development.
I.Antenna Facility Siting Matrix
Antenna facilities shall be located in accordance with the following siting matrix.
This matrix provides for areas where antenna facilities may be located as
permitted uses, areas where they may be located with an SUP, and areas where
they are prohibited.
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Table 21.8.6 Antenna Facility Siting Matrix
Permitted Requires
Prohibited
Usean SUP
Monopole over 120 ft.
Monopole up to 120 ft.
Level 4 Stealth Facility
Level 3 Stealth Facility
Level 2 Stealth Facility
Level 1 Stealth Facility
FCURWCDR
J.SUP
When an SUP is required by this section for the location of an Antenna Facility or
an antenna, the applicant must submit an application in accordance with the
procedure established in this UDC. SUPs to this section are granted by the City
Council, upon recommendation of the Planning and Zoning Commission in
accordance with section 21.5.11 of this UDC.
1.Application
In order to properly evaluate an application to locate an Antenna Facility
or an antenna that requires an SUP, the applicant must provide the
following information:
a.an SUP application and appropriate application fee;
b.a narrative detailing the proposed Antenna Facility. The narrative
must indicate the following:
i.whether the proposed structure is a co-location, a new
monopole tower or a new alternate mounting structure;
ii.the height of the proposed tower;
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iii.why the Antenna Facility is necessary at the proposed
location;
iv.the name(s) of the telecommunications providers or other
users of the antenna or tower and describe the use to be
made by each user;
v.whether the applicant has made an effort to co-locate the
facilities proposed for this Antenna Facility on existing
antenna facilities in the same general area, identifying the
location of these existing sites, and describe in detail these
efforts and explain in detail why these existing sites were
not feasible;
vi.all studies or tests performed which demonstrate why the
existing sites will not provide sufficient signal coverage;
vii.written documentation from existing sites? owners and/or
operators which confirm the statements provided;
viii.whether the existing sites allow/ promote co-location and,
if not, describe why not;
ix.whether co-location will be allowed to other
telecommunications providers at the requested site. If they
are not allowed, state every reason and the basis of each
reason; and
x.all state or federal agency approval letters.
c.Provide a Site Plan of the proposed Antenna Facility at a scale of
1? = 30?. The Site Plan should be on a single 24? X 36? sheet and
include:
i.a survey and legal description of the proposed Antenna
Facility;
ii.a detail on how access to the site is to be achieved;
iii.a plan view layout of the proposed Antenna Facility clearly
showing:
(a)the location of the facility;
(b)all equipment and structures in the proposed
Antenna Facility;
(c)the required off street parking space;
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(d)distances to property lines;
(e)required setbacks;
(f)adjacent land uses and zoning designations;
(g)existing structures on the site;
(h)required landscaping or screening of the base of the
tower;
(i)all recorded and proposed easements; and
(j)natural features, such as water courses and trees.
d.Elevation drawings showing:
i.the design and height of the proposed Antenna Facility;
ii.detailed drawings of all structures and equipment; and
iii.screening requirements.
e.If the requested location is in a residential district the applicant
must provide evidence that they have made an effort to locate the
facility in a nonresidential district, identify the location of these
nonresidential district sites, describe in detail these efforts, and
explain in detail why these nonresidential sites were not feasible.
Attach all studies or tests performed which demonstrate why the
nonresidential sites will not provide sufficient signal coverage.
f.The applicant must provide a map showing the proposed
provider?s current coverage area for the City. The map must show
the roadway network and be labeled. The applicant must also
provide propagation analysis showing the areas the proposed
provider?s existing antenna currently covers, the areas the
applicant?s existing sites and the requested site would cover. The
propagation analysis must be labeled and have a legend.
g.The applicant must describe the applicant?s master antenna
facilities plan for the City. Attach maps and other related
documentation. Provide information indicating each phase of the
plan.
2.Consideration of Application
In considering whether to grant an SUP, the City Council and Planning
and Zoning Commission shall consider the following:
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a.the appropriateness of the location and design of the Antenna
Facility;
b.the potential for interference with the enjoyment of the use
surrounding properties;
c.aesthetics;
d.impact, including but not limited to, the surrounding topography,
surrounding tree coverage and foliage;
e.proposed buffering;
f.the design of the Antenna Facility, with particular reference to
design characteristics that have the effect of reducing or
eliminating visual obtrusiveness;
g.the proposed height of the Antenna Facility relative to surrounding
structures;
h.the zoning district and the adjoining zoning districts of the property
for which the SUP is sought;
i.the compliance with the City?s regulations; and
j.the availability of suitable alternative sites. Suitable alternative
site(s) shall mean a location or locations that would provide the
same or better signal coverage than the proposed site for which an
SUP is requested. The applicant shall provide documentation
supporting his/her contention that alternative site(s) are not suitable
and/or available.
3.Procedures for Consideration of an SUP
The procedures for consideration of an application for an SUP requested
under this section shall be in accordance with section 21.5.11 of this UDC.
K.Written Report
Denial of an application for an SUP under this section must be documented in
writing in accordance with the requirements of the Telecommunications Act of
1996 as amended.
Sec. 21.8.7 Temporary Structures
A.A temporary structure may not be brought on-site until a building permit for the
construction or refurbishing of the permanent structure has been issued by the
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Director of Development Services or his/her designee. All temporary
manufactured structures shall be required to comply with the following.
1.Time Limit
Permits issued for temporary manufactured structures shall be valid for
two (2) years or when the permanent structure is completed and occupied,
whichever is sooner. Any further extension shall require City Council
approval.
2.Dimensions
Minimum dimensional requirements for temporary uses or structures shall
be those established in the district in which the temporary use or structure
is located.
3.Parking
Minimum parking requirements for temporary manufactured structures
shall be the number according to the proposed use for the building.
4.Temporary trailers located in non-residential districts are prohibited in
designated parking spaces.
B.Temporary Construction Buildings: Temporary building and material storage
areas to be used for construction purposes may be permitted for a specified period
of time in accordance with a permit issued by the Director of Development
Services or his/her designee for cause shown. Upon completion or abandonment
of construction or expiration of permit, such field offices and buildings shall be
removed at the direction of the Director of Development Services or his/her
designee.
C.Temporary portable storage facilities/containers are permitted in residential
districts not to exceed sixty (60) days per calendar year. Such storage
facilities/containers located in the front yard of residentially zoned property shall
be placed on a permanent surface of concrete such as the driveway.
Sec. 21.8.8 Decks ? Attached to Principal Building
A.Decks constructed of wood or composite (faux) wood and that are uncovered and
open to the sky may extend into the rear yard with a minimum setback from the
property line of ten feet (10?) and shall comply with the minimum side yard
setback established by the zoning district. Decks shall not encroach an easement.
Decks that are covered shall be attached to the principal structure and shall
comply with the rear and side yard setbacks established by the zoning districts.
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Sec. 21.8.9 Outdoor Display and Storage
A.Outdoor display and temporary outdoor storage shall be allowed in Non-
residential Districts in accordance with this section. Any merchandise, material or
equipment situated outdoors in Non-residential Districts shall be subject to the
requirements of this section. For the purpose of this section, outdoor storage and
display shall be classified into two (2) categories enumerated as shown below.
Table 21.8.9 Permitted Outdoor Display and Storage
CategoryOPNSGBandGB-2, M-1
PUBand M-2
Outdoor Display and Temporary Outdoor
-PPP
Storage
General Outdoor Storage ---P
(P) = Use is permitted in district indicated
(-) = Use is prohibited in district indicated
B.Categories of outdoor storage and display
1.Outdoor Display and Temporary Outdoor Storage
Outdoor display and temporary outdoor storage are displays of items
actively for sale or lease that are lightweight and that individually can be
easily moved without a mechanical lifting device.
a.Outdoor display and temporary outdoor storage of goods in
individual packaging and not in storage containers which are
associated with the primary business on the site may be allowed
adjacent to a front principal building wall and may not extend into
the public right-of-way. Such storage shall not be permitted to
block windows, entrances or exits, and shall not impair the ability
of pedestrians to use the building.
b.Areas intended for outdoor display must be paved and painted to
distinguish them from required off-street parking areas. No
outdoor displays shall be allowed in off-street parking areas or fire
lanes.
2.General Outdoor Storage
a.General outdoor storage consists of all remaining forms of outdoor
storage not classified as outdoor display including items of a large
size, mass or volume and that are not easily moved or carried such
as used tires, railroad ties, discarded inventory, storage pallets,
shipping containers, temporary portable storage
facilities/containers and semi trailers not attached to a truck.
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b.General outdoor storage is prohibited within the public right-of-
way or fire lane.
c.General outdoor storage shall not be allowed in off-street parking
spaces.
d.General outdoor storage items shall not exceed a maximum of
twenty feet (20?) in height.
e.General outdoor storage items shall be completely enclosed or
shall be moved to the rear of the structure, but in no event shall
general outdoor storage items be visible from public right-of-way.
3.Outdoor Display and Storage Requirements
a.All outdoor display and storage areas must be clearly shown on the
Site Plan submitted for the property.
b.Unless specifically authorized elsewhere in the City?s ordinances,
all outdoor display and storage areas shall be located outside the
public right-of-way.
4.Exceptions
a.Vehicles for sale as part of a properly permitted vehicle sales use
(including boats and manufactured housing) shall not be
considered merchandise, material or equipment subject to the
restrictions of this section.
b.Such vehicles must be located and displayed on a paved vehicle
use area and clearly indicated on the Site Plan.
c.Flea markets, open air markets, farmer?s markets with a permanent
Certificate of Occupancy for such use are not subject to the
restrictions of this section.
C.Effective Dates
1.Temporary Limited Non-Conforming Use
Outdoor displays or outdoor storage (temporary or general) described in
subsection 21.8.9.B located on a site on April 30, 2010; in compliance
with the provisions of this UDC as in effect on April 12, 2010; and in
good working order and actively being used for its intended display or
storage purpose on April 30, 2010 may remain in the same location on
such site, notwithstanding the provisions of subsection 21.8.9.B until the
earliest to occur of the following:
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a.the removal of such display or storage from its precise location on
April 30, 2010; or
b.the failure of the property owner or lessee or the owner of such
display or storage to operate or use such display or storage in the
manner intended and in effect on April 30, 2010 for a period of
three (3) consecutive business days; or
c.the reduction in height of any such display or storage that would be
governed by subsection 21.8.9.B.2.d to less than twenty feet (20?);
or
d.the destruction or damage of such display or storage to the extent
of 25% or more of its area or value; or
e.December 31, 2013.
During such period, the property owner or lessee or the owner of such
display or storage may perform minor repair or maintenance of such
display or storage and may replace any unit of such display offered for
sale or lease that is sold or leased with a like unit offered for sale or lease
but shall not substitute other types of items for sale or lease in such
display, and shall not replace, enlarge or substitute storage facilities or
storage areas that do not comply with subsection 21.8.9.B. In all events,
none of such displays or storage shall be in a condition of disrepair or non-
operation.
2.Other Outdoor Displays or Outdoor Storage
Outdoor displays and outdoor storage not described in subsection
21.8.9.C.1 shall be in compliance with the provisions of subsection
21.8.9.B on and after May 1, 2010. Outdoor displays and outdoor storage
described in subsection 21.8.9.C.1 shall be discontinued within thirty (30)
days after the earliest to occur of the condition described in subsection
21.8.9.C.1.a ? e.
End of Article 8
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Schertz Unified Development Code
Article 9Site Design Standards
Sec. 21.9.1 General Design Standards
A.Conformity with Comprehensive Land Plan
All subdivisions shall conform to the Comprehensive Land Plan for orderly and
unified development of streets, utilities, neighborhood design, and public land and
facilities, as well as other provisions of this UDC and other applicable ordinances,
codes and regulations. Standards and design criteria contained herein and in the
Public Works Specifications Manual represent minimum values considered
necessary for the health, safety and welfare of the community. The design
engineer and developer are required to meet or exceed the requirements of these
standards by providing a more conservative design criteria. However, they shall
not permit their design to fall below the standards of this UDC. Where there is a
conflict between the regulations contained within this Article and regulations or
standards contained within any other ordinance, code or regulation of the City, the
more restrictive regulation shall apply. Approval of plans and specifications by
the City shall not be construed as relieving the design engineer/developer of
responsibility for compliance with this UDC, nor with any other local, county or
state authority having jurisdiction.
B.Achieving Desirable Neighborhood Development
Residential subdivisions shall be designed to take advantage of the principles and
general designs for neighborhood development as established by the
Comprehensive Land Plan and the Planning and Zoning Commission in order to
achieve the most advantageous development of the entire neighborhood unit in
which the subdivision is located.
C.Provision for Future Subdivision
All subdivisions shall be so arranged as to allow logical further subdivision and
opening of future streets and shall coordinate with adjoining existing and/or future
subdivisions.
D.Standards for Site Improvements
All streets, alleys, sidewalks, utility installations and other site improvements
required to be installed by the subdivider under the provisions of these regulations
shall conform to the requirements of this Article and to the Public Works
Specifications Manual or other approved agencies responsible for design,
construction methods and standards, payments, refunds, credits and other
financial arrangements.
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Sec. 21.9.2 Blocks
A.The length, width and shape of blocks will be determined with due regard to:
1.provisions of adequate building sites suitable to the special needs of the
type of use contemplated (note that the Planning and Zoning Commission
may require that the block and lot size bear reasonable relation to the
planned use of the land);
2.zoning requirements as to lot sizes and dimensions; and
3.need for convenient access, circulation, control and safety of street traffic.
B.In general, intersecting streets shall be used to determine the block lengths and
widths, and shall be provided at such intervals as to serve cross traffic adequately,
and to meet existing streets or customary subdivision practices.
C.A waiver to the standards of this section may be allowed in cases where physical
barriers, property ownership or adjacent existing subdivisions create conditions
where it is appropriate. The length may be increased or decreased to meet the
existing conditions having due regard for connecting streets, circulation of traffic
and public safety.
D.In general, block lengths along minor or secondary streets shall not exceed 1,400
feet or be less than 500 feet, and along major streets shall not exceed 1,800 feet or
be less than 900 feet.
Sec. 21.9.3 Lots
A.Lot sizes and dimensions shall conform to the minimum requirements of the
appropriate zoning district. The lot area shall be computed including all
easements. Changes in the required lot sizes and dimensions may only be allowed
through rezoning or through the granting of a variance by the BOA. No lot shall
be approved which does not meet the minimum requirements of the appropriate
zoning district.
B.In residential subdivisions not served by public sewer, the Planning and Zoning
Commission shall require the developer to cause a percolation test to be made. In
no case will the lot size in such subdivision be less than one-half acre (21,780
square feet). This is the responsibility of the County Health Inspector.
C.Depth and width of properties laid out for commercial or industrial purposes shall
be adequate to provide for the off-street service and parking facilities required by
the type of use and development contemplated.
D.Corner lots shall have sufficient width to permit the required building setback and
proper orientation to both streets. Lots abutting crosswalks shall be treated as
corner lots.
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E.Where a residential lot backs up to a railroad right-of-way, high pressure gas line,
industrial area or any other land use which may have a dangerous effect on
residential property, and where no marginal access street or other street is
provided at the rear of such lot, an additional depth of twenty-five feet (25?) shall
be required. Where a lot sides to any of the above, an additional width of fifteen
feet (15?) shall be required. A planting screen or non-access easement of at least
ten feet (10?) shall be provided along the line of lots abutting a railroad right-of-
way, high pressure gas line, industrial area or any other land use which may have
a dangerous effect on residential property.
F.Residential lots located on a cul-de-sac shall be at least fifty feet (50?) wide at the
building line.
G.Residential lots shall be oriented to take advantage of topography; the best
relationship to the overall design of the neighborhood; and to minimize the effects
of any surrounding depreciating land uses.
H.There shall be no residential lots facing directly upon a major street.
I.All side lines of lots shall be perpendicular to straight street lines and radial to
curved street lines except where a waiver to this rule will provide a better street
and lot layout.
J.Every lot shall be provided with adequate access to a public street, either by direct
frontage on such street, or by public access easement approved by the Planning
and Zoning Commission. Rear and/or side driveway access to major streets shall
be prohibited.
K.Minimum front and side building setback lines at streets and crosswalks shall be
shown on all plats and shall conform to the restrictions, if any, imposed on the
subdivision by the subdivider, but in no event shall such setback lines be less than
those required by the applicable zoning district. The front line setback shall be
measured from the point where the public right-of-way ends to the front face to
the building, covered porch, covered terrace or attached accessory building.
Sec. 21.9.4 Monuments and Lot Markers
A.Permanent Survey Reference Monuments
Concrete monuments shall be placed at all block corners, angle points, points of
curve, and all corners of boundary lines of the subdivision. A monument shall be
made of an iron stake one-half inch (1/2?) in diameter and twenty-four inches
(24?) long centered in concrete a minimum of six inches (6?) in diameter and
twelve inches (12?) long. The iron stake should be left one-half inch (1/2?) above
the concrete with a surveyors? aluminum or plastic cap, stamped with the
surveyors? registered number or firm. Monuments shall be identified on the plat
with elevation and the elevation shall be stamped on top of the monument.
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B.Other Markers
All other survey markers, such as lot corners, shall have an iron stake one-half
inch (1/2?) in diameter and twenty-four inches (24?) long and shall be placed
flush with the ground, or below ground, if necessary, in order to avoid being
disturbed.
C.Benchmarks
A minimum of two (2) benchmarks shall be established in each subdivision.
Benchmarks shall be established on iron rods embedded in concrete monuments
six inches (6?) in diameter and set in the ground to a depth of three feet (3?) and
set to U.S. National Geodetic Survey datum. Using tops of manholes as a
benchmark is not acceptable.
D.Monument Placement and Verification
Monuments and lot markers shall be set immediately after completion of utility
installations and street construction. Prior to acceptance of subdivision
improvements by the City, the developer?s surveyor or engineer shall certify that
all monuments, benchmarks and markers are in place and correctly positioned.
Sec. 21.9.5 Exterior Construction and Design Standards
A.Intent
It is the intent of these design criteria to provide guidelines for new construction
in order to provide an aesthetically pleasing appearance as well as ensure sound
construction quality.
B.Applicability
The provisions of this section are deemed to be minimum standards and shall be
applicable to all new buildings within the corporate limits of the City.
C.Multifamily and Nonresidential Exterior Material Requirements
1.At least thirty percent (30%) of the front façade shall provide, on the
ground level floor, windows and doors that allow for visibility into the
commercial building or store. Industrial buildings located within the M-1
and M-2 zoning districts may have fifteen percent (15%) of the front
façade as windows and doors.
2.All structures shall have a front façade constructed of a minimum of one-
hundred percent (100%) masonry, excluding doors and windows. All
other façades shall be constructed of a minimum of seventy-five percent
(75%) masonry, excluding doors and windows.
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3.Masonry material shall be defined as that form of exterior construction
material consisting of brick, stone, stucco, cemetatious fiberboard, split
face concrete masonry units, concrete with an aggregate finish and faux
stone or brick.
D.Multifamily and Nonresidential Façade Articulation
The structure shall include articulation in the walls and roof design. Single,
uninterrupted surface planes shall be prohibited. The roof of the structure may be
a flat roof construction, but shall provide a variation of the roofline, which may
include a pitched roof for architectural relief.
1.Horizontal Articulation
No building wall shall extend for a distance equal to two (2) times the
wall?s height without having an offset of fifteen percent (15%) of the
wall?s height, and that new plane shall extend for a distance equal to at
least twenty-five percent (25%) of the maximum length of the first plane.
2.Vertical Articulation
No horizontal wall shall extend for a distance greater than two (2) times
the height of the wall without changing height by a minimum of fifteen
percent (15%) of the wall?s height.
3.Façade Articulations
Façade articulations shall provide for vertical and horizontal screening of
air conditioning units and all mechanical equipment located on roof tops.
E.Residential Exterior Material Requirements
For all new residential buildings excluding multifamily structures, the total
exterior surface area of the structure, excluding doors, windows, and roofs shall
be constructed of a minimum eighty percent (80%) masonry.
Sec. 21.9.6 Reserved
Sec. 21.9.7 Landscaping
A.Purpose
The purpose of this section is to establish landscaping requirements to enhance
the community?s ecological, environmental, and beautification efforts as well as
its aesthetic qualities. It is the intent of this section to reduce the negative effects
of glare, noise, erosion, and sedimentation caused by expanses of impervious and
un-vegetated surfaces within the urban environment. It is the intent of this section
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to preserve and improve the natural and urban environment by recognizing that
the use of landscaping elements can contribute to the processes of air purification,
oxygen, regeneration, groundwater recharge, noise abatement, glare and heat,
provision of habitats for wildlife, and enhance the overall beauty of the City.
B.Enforcement
If at any time after the issuance of a Certificate of Occupancy, the approved
landscaping is found to be in nonconformance with standards and criteria of this
section, notice by the City may be issued to the owner, citing the violation and
describing what action is required to comply with this section. The owner, tenant
or agent shall have forty-five (45) days after the date of said notice to restore
landscaping as required. The City may extend the time of compliance based on
weather conditions. If the landscaping is not restored within the allotted time,
such person shall be in violation of this UDC.
C.Installation and Maintenance
1.Prior to issuance of a Certificate of Occupancy for any building or
structure, all screening and landscaping shall be in place in accordance
with the landscape plan approved as part of the site plan which shall
include sod in full front and rear yards, except for landscape beds and
gardens. On property containing a minimum of one-half (1/2) acre or
greater, sod in front and rear yards shall be planted adjacent to the slab for
a distance of fifty feet (50?) and for a distance of twenty feet (20?) in side
yards.
2.The property owner shall be responsible for the maintenance of all
landscape areas. The areas shall be maintained so as to present a healthy,
neat and orderly appearance at all times.
3.Should any of the plant material used in any landscaping required under
this section die, the owner of the property shall have ninety (90) days after
notification from the City to obtain and install suitable replacement plant
material. Synthetic or artificial lawn or plant material shall not be used to
satisfy the requirements of this UDC.
4.In any case in which a Certificate of Occupancy is sought at a season of
the year in which the City determines that it would be impractical to plant
trees, shrubs or grass, or to lay turf, a Certificate of Occupancy may be
issued notwithstanding the fact that the landscaping required by the
Landscape Plan has not been completed provided the applicant posts fiscal
surety in a form acceptable to the City in the amount of the estimated cost
of such landscaping. Such surety shall be conditioned upon the
installation of all landscaping required by the Landscape Plan within six
(6) months of the date of the application and shall give the City the right to
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draw upon the surety to complete the said landscaping if the applicant fails
to do so.
5.Landscaped areas shall be kept free of trash, litter, weeds, and other
material or plants not a part of the landscaping.
6.All plant material shall be maintained in a healthy and growing condition
as is appropriate for the season of the year.
7.All landscape materials shall be installed according to American Nursery
and Landscape Association (AN&LA) standards.
8.All landscaped areas shall be irrigated with an approved automatic
underground irrigation system unless the landscaped area has been
designed utilizing xeriscaping methods. All irrigation systems shall be
designed and sealed in accordance with the Texas Commission on
Environmental Quality (TCEQ) and shall be professionally installed. No
irrigation shall be required for undisturbed natural areas or undisturbed
existing trees.
9.Vegetation other than approved grasses or ground cover under six inches
(6?) in height is prohibited in any City right-of-way unless specifically
authorized in writing by the Director of Development Services or his/her
designee, after consultation with the Director of Public Works or his/her
designee.
D.General Landscaping Requirements
1.Trees planted shall be a minimum of two and one-half inches (2.5?)
caliper measured at four feet (4?) above ground level at the time of
planting.
2.All trees planted to meet the minimum landscaping, mitigation or
preservations requirements of this section shall be planted so as to provide
for no impervious material within the drip line of the tree. For the
purposes of determining the drip line to meet the requirements of this
section, the drip line radius shall be measured as being ten (10) times the
caliper of the tree. For example, a six inch (6?) tree will have a sixty inch
(60?) or five foot (5?) radius or a ten foot (10?) diameter. Tree wells or
tree grates may be utilized to meet the requirements of this section. The
City may, at its option, require certification by a registered Arborist that
adequate space has been provided for pervious cover beneath the drip line
of a tree.
3.Shrubs, vines and ground cover planted pursuant to this section should be
good, healthy nursery stock. Shrubs shall be a minimum of one-gallon
container size at the time of planting.
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4.Grass areas are encouraged to be planted in species normally grown as
permanent lawns in the City, including Bermuda, Buffalo Grass, Zoysia,
or other drought-tolerant grass. Grass areas may be sodded, plugged,
sprigged or seeded, except in swales or other areas subject to erosion
which shall require installation of solid sod.
5.New landscaped areas shall be prepared so as to achieve a soil depth of at
least six inches (6?).
6.The use of architectural planters in nonresidential districts may be
permitted in fulfillment of landscape requirements subject to approval of
the Planning and Zoning Commission at the time of Site Plan approval.
7.Developers and homebuilders are encouraged to use xeriscape plant
materials on model homes to promote use of water-wise landscaping.
8.Landscape planting shall not be erected or installed in such a manner as to
interfere with traffic view or impose a safety hazard.
9.Not less than forty percent (40%) of the total required landscaping shall be
located in the designated front yard.
E.Landscape Installation Required
1.A minimum of twenty percent (20%) of the total land area of any
proposed multifamily or nonresidential development shall be landscaped
and shall be comprised of trees, shrubs, sod or other ground cover. In the
event of the construction of a phased development, the minimum twenty
percent (20%) requirement shall apply to each phase as it is developed.
2.All properties shall provide shade trees at a ratio of nine (9) trees per acre
(43,560 square feet) of gross lot area. Industrial property shall provide
shade trees at a ratio of nine (9) trees per acre, calculated at sixty percent
(60%) of the gross lot area or by exclusion of the main enclosure structure
ground floor area from the gross lot area, whichever is less. Existing trees
may be counted toward meeting the requirements of this section.
a.Every single family residential lot shall provide a minimum of
three (3) shade trees which shall include a minimum of one (1) tree
in the front yard and one (1) tree in the rear yard.
b.Any property that is unable to satisfy the tree requirements of this
section shall be required to pay tree mitigation fees in accordance
with section 21.9.9 of this UDC.
3.The use of native and adapted, drought tolerant plants is encouraged to
meet the requirements of this section.
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4.Artificial plants or turf shall not be counted towards meeting the
requirements of this section.
F.Landscape Plan Required
A landscape plan shall be submitted to the City for approval. The landscape plan
may be submitted as a part of the site plan. The landscape plan shall contain the
following information:
1.location of all existing trees with indication as to those to be preserved;
2.location of all plants and landscaping material to be used including paving,
benches, screens, fountains, statues, or other landscaping features;
3.species of all plant material to be used;
4.size of all plant material to be used;
5.spacing of plant material where appropriate;
6.type of watering system and location of watering source, irrigation,
sprinkler, or water system, including placement of water sources;
7.description of maintenance provisions of the landscaping plan; and
8.persons responsible for the preparation of the landscape plan.
G.Nonresidential and Multifamily Landscape Buffer Requirements
In addition to any screening requirements of section 21.9.8, a nonresidential or
multifamily use adjacent to a residential use or residentially zoned property shall
provide a minimum twenty foot (20?) landscape buffer adjacent to the property
line of the residential use or residentially zoned property. A minimum of one (1)
shade tree shall be planted for each thirty linear feet (30?) of landscape buffer. A
minimum of ten (10) shrubs shall be planted for each fifty linear feet (50?) of
landscape buffer. All other areas within the landscape buffer shall be covered
with grass or another solid vegetative cover approved at the time of Site Plan
approval.
H.Parking Area Landscaping
Parking lots, vehicular use areas and parked vehicles are to be effectively
screened from the public view and adjacent property. Both the interior and
perimeter of such areas shall be landscaped in accordance with the following
criteria. Areas used for parking or vehicle storage that are under, on or within
buildings are exempt from these standards.
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1.Interior Landscaping
A minimum of ten percent (10%) of the gross parking areas shall be
devoted to living landscaping which includes grass, ground covers, plants,
shrubs and trees. Gross parking area is to be measured from the edge of
the parking and/or driveway and sidewalks. The following additional
criteria shall apply to the interior of parking lots.
a.Interior landscape areas shall be protected from vehicular
encroachment of overhang through appropriate wheel stops or
curbs.
b.There shall be a minimum of one (1) shade tree planted for each
400 square feet or fraction thereof of required interior landscape
area.
c.Interior areas of parking lots shall contain planting islands located
so as to best relieve the expanse of paving. Planter islands must be
located no further apart than every twelve (12) parking spaces and
at the terminus of all rows of parking. Such islands shall be a
minimum of 200 square feet or ten feet (10?) by twenty feet (20?)
in size.
d.Planter islands shall contain a combination of trees, shrubs, lawn,
ground cover and other appropriate materials provided such
landscaping does not cause visual interference within the parking
area.
2.Perimeter Landscaping
All parking lots and vehicular use areas shall be screened from all abutting
properties with a wall, fence, hedge, berm or other durable landscape
barrier. All parking lots and vehicular use areas shall be screened from all
abutting public rights-of-way with a wall, berm or combination of hedge
and berm. Any living barrier shall be established in a minimum five foot
(5?) planting strip. Plants and materials used in living barriers shall be at
least thirty inches (30?) high at the time of planting and shall be of a type
and species that will attain a minimum height of three feet (3?) one (1)
year after planting. Any landscape barrier not containing live plants or
trees shall be a minimum of three feet (3?) high at time of installation.
Perimeter landscaping shall be designed to screen off-street parking lots
and other vehicular use areas from public rights-of-way and adjacent
residential properties.
a.Whenever an off-street parking or vehicular use area abuts a public
right-of-way, except a public alley, a perimeter landscape area of at
least fifteen feet (15?) in depth shall be maintained between the
abutting right-of-way and the off-street parking or vehicular area.
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An appropriate landscape screen or barrier shall be installed in this
area and the remaining area shall be landscaped with at least grass
or other ground cover. Necessary access ways from the public
right-of-way shall be permitted through all such landscaping.
b.Whenever an off-street parking or vehicular use area abuts an
adjacent residential property line, a perimeter landscape area of at
least ten feet (10?) in width shall be maintained between the edge
of the parking area and the adjacent property line. Access ways
between lots may be permitted through all perimeter landscape
areas. Landscaping shall be designed to visually screen the
parking area. Whenever such property is zoned or used for single
family residential purposes, a landscape buffer shall include a
masonry wall and hedge, or berm which shall be a minimum of
three feet (3?) in height and a maximum of eight feet (8?) in height.
c.Perimeter landscape areas shall contain at least one (1) shade tree
for each fifty linear feet (50?), or fraction thereof, of perimeter
area.
I.Approved Landscaping Plant List
1.Approved Trees
Table 21.9.7A Approved Shade Trees
Common Name Scientific Name
American elm Ulmus Americana
AnaquaEhretiaanacua
Arizona cypress Cupressus arizonica
Bald cypress Taxodium distichum
Bigtooth maple Acer grandidentatum
Black walnut Juglans nigra
Bur oak Quercus macrocarpa
Canby?s oak Quercus canbyi
Carolina basswood Tilia caroliana
Cedar elm Ulmus crassifolia
Chinkapin or Chinquapin oak Quercus muhlenbergii
Chisos red, Graves Quercus gravesii
Durand oak Quercus durandii
Fragrant ash Fraxinus cuspidate
Green ash Fraxinus Pennsylvania
Lacey oak Quercus glaucoides
Little, Texas walnut Juglans microcarpa
Mexican live or Monterrey oakQuercus polymorpha
Mexican sycamore Platanus mexicana
Nuttall Oak Quercus nuttallii
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Table 21.9.7A Approved Shade Trees
Common Name Scientific Name
PecanCaryaillinoensis
Red oak Quercus texana
Shin oak Quercus mohriana
Southern live oak Quercus virginiana
Texas ash Fraxinus texansis
Texas red oak Quercus buckleyi (texana)
Texas sycamore Platanus occidentalis
Vasey oak Quercus pungens var.vaseyana
Table 21.9.7B Approved Ornamental, Evergreen and Palm Trees
Common Name Scientific Name
Aleppo pine Pinus halepensis
Anacacho orchid tree Bauhinia congesta
Bradford Pear Pyrus calleryana
California fan (exotic) Washingtonia filifera
Carolina buckthorn Rhamnus caroliniana
Condalia, brazil Condalia hookeri
Lagerstroemia indica, fauriei, and
Crepe myrtle, etc. (exotic) X?s
Desert willow Chilopsis linearis
Dwarf Palmetto Sabel minor
Eastern red cedar Juniperus virginiana
Escarpment live oak Quercus fusiformis
Evergreen Sumac Rhus virens
Flameleaf sumac Rhus lanceolata
Goldenball leadtree Leaucaena retusa
Lavender tree Vitex agnus-castus
Mediterranean fan palm
(exotic)Chamaerops humilius
Mexican buckeye Ungnadia speciosa
Mexican Palmetto, sable Sabal mexicana
Mexican pinyon pine, Remote
pinePinuscembroides
Mexican redbud Cercis reniformis
Mountain laurel or mescal bean Sophora secundiflora
Possum-haw holly Ilex deciduas
Rusty blackhaw Viburnum rufidulum
Texas Crabapple Mollis texana
Texas or Oklahoma redbud Cercis canadensis var. texensis
Texas Palmetto, sable Sabal texana
Texas persimmon Diospyrus texana
Texas Pistache Pistacia texana
Texas sophora or Eve?s Sophora affinis
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Table 21.9.7B Approved Ornamental, Evergreen and Palm Trees
Common Name Scientific Name
Necklace
Wild olive, Mexican wild olive Cordia boissieri
Yaupon holly Ilex vomitoria
2.Approved Shrubs, Vines, Perennials and Ground Cover
Table 21.9.7C Approved Shrubs, Vines, Perennials and Ground Cover
Common Name Scientific Name
Agarita, Agarito Berberis (Mahonia) trifoliata
Agarita, Tx. Barberry Berberis spp.
Althea, Rose-of-Sharon Hibiscus syriacus
American Beauty Callicarpu americana
Artemesia Artemesia spp.
Asian Jasmine Trachelospermum asiaticum
Asparagus Fern Asparagus sprengeri
AsterAsterspp.
Autumn Sage Salvia greggii
Bird of Paradise Caesalpinia gilliesi
Blue Sage, Mealy Sage Salvia farenaceae
Blue Shrub Sage Salvia ballotaeflora
Bottlebrush Callistemon spp
BougainvillaBougainvillea
Brazilian Sky Flower Duranta repens
Buckley Yucca Yucca constricta
Bush Morning-Glory Ipomea fitulosa
Butterfly Bush Buddleia spp.
Butterfly Vine Mascagnia spp.
Orchid Vine Stigmaphyllon littorale
Cape Honeysuckle Tecoma capensis
Caroline Jessamine Gelsemium sempervirens
Cat Claw Mimosa, Fragrant
Mimosa Mimosa bluncifera
Century Plant Agave americans
Cigar Plants Cuphea spp.
Columbine Aquilegiaspp.
Confederate Jasmine, Star
Jasmine Trachelospermum jasminoides
Coppertone Loquat Eriobotrya x ?Coppertone?
Coral Honeysuckle Lonicera sempervirens
Coral Vine, Rosa-De-Montana,
Queens Wreath Antigonon leptopus
CoralberrySymphoricapus orbiculatus
Dwarf Nandina Nandina domestics ?nana? etc.
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Table 21.9.7C Approved Shrubs, Vines, Perennials and Ground Cover
Common Name Scientific Name
Dwarf Yaupon Ilex vomitoria nana
ElderberrySambucus Canadensis
Evening Primrose Oenothera speciosa
Fern Acacia Acacia hirta
Firecracker Plant Russelia equisetiformis
Fireman?s Cap, Coral Tree Erythina crista-galli
Four-nerve Daisy Hymenoxys scaposa
Frogfruit Phylahumilis
GayfeatherLiatrisspp.
Giant Liriope Liriope gigantea
Golden Shrub Daisy Euryops pecinatus
African Bush Daisy Gamolepis chrysanthemoides
GuaraGauraspp
HawthornCrataegusspp.
Heartleaf Hibiscus Hibiscus cardiophyllus
Hibiscus, Texas Star Hibiscus coccineus
Hummingbird Bush Anisacanthus spp.
Illinois Bundleflower Desmanthus illinoensis
IrisIrisspp
Italian Jasmine Jasminium floridum
JuniperJuniperspp
Lady Banksia Rose Rosa Banksiae
LantanaLantanaspp.
Lily Turf, Liriope (Std., ?Big
Blue?)Liriope muscari vars
Lindheimer Senna Cassia lindheimeriana
Mexican Bird of Paradise Caesalpinia mexicana
Mexican Butterfly Weed Asclepias tuberosa
Mexican Flame Vine/Love Vine Senecio confuses
Mexican Marigold Tagetes llucida
Mexican Oregano Poliomentha longiflora
Mexican Shrimp Plant Justicia suberecta
Mist Flower Eupatroium spp.
Mondo Grass, Monkey Grass Ophiopogon japonica
Mountain Sage Salvia regla
NandinaNandina domestics spp.
Narrow-leaf Yucca Yucca agustifolia
Passiflora allatocaerrulea (P.
Passion Vine pfordtii)
PassionflowerPassifloriaincarnate
Pigeonberry Rivinahumilis
Pink Skullcap Scutelleria spp.
Pomegranate (Regular and Puncia granatum
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Table 21.9.7C Approved Shrubs, Vines, Perennials and Ground Cover
Common Name Scientific Name
Dwarf)
Prairie Phlox Phlox spp.
Primrose Jasmine Jasminum mesnyi
Primrose Primrose spp.
Prostrate Rosemary Rosemarinus officinales vars.
Purple Coneflower Echinacea purpurea
Red Yucca Hesperaloe parviflora
Rock Rose Pavonia lasiopetala
Rosemary Rosemarinus spp.
SalviaSalviaspp.
SantolinaSantolinaspp.
Shrimp Plant Justicia spp.
Silk Tassel Garrya ovata lindheimer
Softleaf Yucca Yucca pendula
SotolDasylirion spp.
Spanish Dagger Yucca treculeana
St. John?s Wort Hypericum spp
Texas Clematis, Scarlet
Leatherflower Clematis texensis
Texas Elbow Bush Foresteriera pubeseebs
Texas Silverleaf, Sage, Cenizo Leucophyllum frutescens
Texas Wisteria Wisteria macrostachya
Thompson Yucca Yucca thompsonia
Campsis radicans x ?Madame
Trumpet Vine,Trumpet Creeper Galen?
Turk?s Cap Malvaviscus drummondii
Twisted-leaf Yucca Yucca rupicola
VerbenaVerbenaspp.
Virginia Creeper Parthenocissus quinquefolia
Wax Myrtle - Dwarf, Standard Myrica cerifera
White Bush Honeysuckle Lonicera albiflora
Winecup Callirhoeinvoluerata
Wisteria, evergreen Wisteria millettia veticulata
Witchhazel Hamamelis virginiana
YarrowAchillea millefolium
YewPodocarpusmacrophyllus
YuccaYucca spp.
3.Approved Ornamental Grasses
Table 21.9.7D Approved Ornamental Grasses
Common Name Scientific Name
Bamboo Muhly Muhlenbergia dumosa
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Table 21.9.7D Approved Ornamental Grasses
Common Name Scientific Name
Big Bluestern Andropogon gerardii
Deer Muhly Muhlenbergia rigens
Eastern Gama grass Tripsacum dactyloides
Gulf Muhly Muhlenbergia capillaris
Indian Grass Sorghastrum natums
Inland Sea Oats Chasmanthium latifolium
Lindheimer Muhly Muhlenbergia lindheimer
Little Bluestem Schizaachyrium scoparium
Mexican Feathergrass Stipa tenuissima
Pine Muhly Muhlenbergia dubia
Seep Muhly Muhlenbergia reverehonii
Sideoats grama Bouteloua curtipendula
Switch Grass Panicum virgatum
Weeping Muhly Muhlenbergia dubioides
Western Wheatgrass Agropyron smithii
4.Approved Turf Grasses
Table 21.9.7E Approved Turf Grasses
Common Name Scientific Name
Bermuda grass Cynodon dactylon var. dactylon
BuffalograssBuchloedactyloides
Blue Grama Bouteloua gracilis
Zoysia Grass Varieties Zoysia sp.
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5.Undesirable Trees
Table 21.9.7F Undesirable Trees
Common Name Scientific Name
Arizona Ash Fraxinus velut
Ashe-Juniper or Mountain Cedar Juniperus ashei
Box Elder Acer negundo
Chinaberry tree Melia azedarach L.
Chinese Loquat or Loquat Eriobotrya japonica
Chinese Parasol/Varnish Tree Firmiana simplex
Chinese Tallow Sapium sebiferum
Golden-Rain Tree Koelrenteria paniculata
Huisache or Sweet Acacia Acacia farnesiana
Japanese Plum Prunus salicina
Ligustrum or Privet Ligustrum japonicum
Lombardy Popular Populus nigra ?italica?
MesquiteProsopisglandulosa
Mimosa Albiziajulibrissin
Mexican Fan Palm Washingtonia Robusta
Broussonetia papyrifera (L.)
Paper Mulberry L=(Her. ex. Vent.)
SaltcedarTamarix ramosissima Ledeb.
Sugarberry or Hackberry Celtis laevigata
Tree of Heaven Ailanthus altissima
Sec. 21.9.8 Screening and Fencing
A.Fences and Screening in Residential Areas
1.Height
a.No fence, screen, or wall shall exceed eight feet (8?) in height. No
fence, screen, or wall within a required front yard shall exceed four
feet (4?) in height. Fences constructed in the front yard shall be
non-opaque, decorative fences and shall not interfere with the sight
visibility triangle as required by this UDC or any other applicable
City ordinances, codes or regulations.
b.Exceptions:
i.A fence not to exceed six feet (6?) in height may be
installed in the front yard of property located in a
Residential Agricultural (RA) District which is not in a
mandatory homeowners? association or within the
jurisdiction of a mandatory architectural review committee
and which contains a minimum of two (2) acres.
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ii.A fence not to exceed six feet (6?) in height may be
installed in the front yard of property located in a
Residential Agricultural (RA) District which is in a
mandatory homeowners? association or within the
jurisdiction of a mandatory architectural review committee
with the written approval of the homeowners? association
or the architectural review committee, which approval must
accompany the application for fence permit.
iii.Any such fence under this paragraph (b) shall be a non-
opaque decorative fence which shall not interfere with the
sight visibility triangle as required by this UDC or any
other applicable City ordinances.
2.Fence Materials
a.Materials Permitted
i.Fences may be constructed of pressure treated wood,
decorative metal, chain link or similar woven wire mesh,
stone, brick, or other materials traditionally used in private
fence construction.
ii.Decorative fences shall be constructed of pressure treated
wood picket, decorative metal, stone or brick, or a
combination thereof. Solid surface area of any decorative
fence shall not exceed fifty percent (50%) of the total
surface area.
b.Prohibited Materials
Above-ground electrical fencing, wire mesh (such as hog wire or
chicken wire), and barbed wire are prohibited except on parcels or
lots one (1) acre or greater in size in conjunction with the
containment of livestock or farm animals.
3.Fences within Easements
Fences within a public easement shall have a gate or removable panel to
allow for maintenance access to such easement. The City shall not be
responsible for damage to any fence that may occur as a result of
maintenance within the easement. Fences located within drainage
easements shall be equipped with a bar screen at the bottom to allow for
proper drainage flow.
B.Fences in Nonresidential and Multifamily Areas
1.Height
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No fence, screen, or wall shall exceed eight feet (8?) in height. No fence,
screen, or wall within a required front yard shall exceed eight feet (8?) in
height. Fences constructed in the front yard shall be non-opaque and shall
not interfere with the sight visibility triangle as required by this UDC or
any other applicable City ordinances, codes and regulations.
2.Fence Materials
a.Materials Permitted
Fences may be constructed of pressure treated wood, decorative
metal, chain link or similar woven wire mesh, stone, brick, or other
materials traditionally used in private fence construction.
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 lots one (1) acre or greater
in size in conjunction with the containment of livestock or farm
animals.
3.Fences Adjacent to Residential Property
Where any nonresidential or multifamily use, lot or parcel is adjacent to or
separated by only a local street or alley from a lot or parcel that is zoned
for single family residential use, the nonresidential or multifamily use
shall construct a masonry screening wall a minimum of eight feet (8?) in
height. The screen shall be located no closer to the street than the property
line. Such screening wall shall be maintained in good condition. Any
sections of this UDC or any other City ordinances, codes or regulations
concerning sight obstructions of intersections shall be applicable to the
screen where it is intersected by a right-of-way. Where any nonresidential
or multifamily use, lot or parcel is located in such a manner so as to be at a
higher elevation than an adjacent lot or parcel that is zoned for single
family residential use, the required masonry screening wall shall be
constructed on the higher elevation so as to mitigate the adjacent
residential property from the impacts of the adjacent use.
4.Screening of Trash Receptacles
All trash receptacles shall be screened from public view by a solid
screening wall a minimum of eight feet (8?) in height and constructed of a
masonry material. Gates shall be of solid metal and shall be closed at all
times except when loading and unloading.
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5.Fences within Public Easements
Fences within a public easement shall have a gate or removable panel to
allow for maintenance access to such easement. The City shall not be
responsible for damage to any fence that may occur as a result of
maintenance of any utility within the easement.
6.Gates for Vehicular Access
Gates designed for vehicular access shall be set back from the property
line a minimum of twenty-four feet (24?).
C.Screening Along Arterial Roadways
1.Requirement Criteria
a.Where subdivisions are platted so that the rear or side yards of
single-family residential lots are adjacent to a principal or
secondary arterial roadway as described in section 21.14.1, or are
separated from a principal or secondary arterial roadway by an
alley, the developer shall provide, at its sole expense, a minimum
eight foot (8?) tall masonry screening wall. All screening shall be
adjacent to the right-of-way or property line and fully located on
the private lot(s), including columns and decorative features. Any
sections of this UDC or any other City ordinances, codes or
regulations concerning sight obstructions of intersections shall be
applicable to the screen where it is intersected by a right-of-way.
b.Parcels or lots one (1) acre or greater in size located in the RA
zoning district and used in conjunction with the containment of
livestock or farm animals are exempt from the screening wall
requirements of this section.
2.Screening Alternatives
An alternative form of screening, in-lieu of the masonry wall, may be
approved by the Planning and Zoning Commission with the Preliminary
Plat application. Alternatives that may be considered include:
a.a living/landscaped screen in conjunction with decorative metal
(e.g., wrought iron) fence sections with masonry columns;
b.a combination of berms and living/landscaped screening;
c.a combination of berms, decorative masonry walls and
living/landscaped screening, either with or without a decorative
metal or ?FenceCrete? type of fence with masonry columns; or
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d.some other creative screening alternative may be approved if it
meets the spirit and intent of this section, if it is demonstrated to be
long-lasting and generally maintenance-free, and if the Planning
and Zoning Commission find it to be in the public interest to
approve the alternative screening device.
3.Time Required for Opacity
Any required screening device shall be, or shall achieve, at least six feet
(6?) in height and at least ninety percent (90%) opacity within three (3)
years of initial installation/planting.
4.Maintenance Easement
A wall/screening maintenance easement at least five feet (5?) in width
shall be dedicated to the home owners association on the private lot side
and adjacent to the entire length of the screening wall or device for
maintenance and repair of the screening wall.
5.Installation
The screening/wall/device shall be installed prior to final acceptance of the
subdivision public improvements. All landscape materials, if utilized,
shall be installed in accordance with section 21.9.7. Failure to properly
install all components of a required screening wall or device within the
prescribed time frame shall constitute a violation of this UDC, and shall
authorize the Public Works Director to refuse acceptance of the
subdivision public improvements.
6.Design of Walls
All masonry, wrought iron, steel or aluminum screening wall plans and
details must be designed and sealed by a licensed professional engineer,
and must be approved by the City. Use of chain-link, chicken-wire, hog-
wire fencing, and any other material similar in appearance and quality is
expressly prohibited for meeting the requirements of this section.
7.Height of Screening
The height of required screening devices, including spans between
columns, shall be a minimum of six feet (6?) and shall be no more than
eight feet (8?). Decorative columns, pilasters, stone caps, sculptural
elements, and other similar features may exceed the maximum height by
up to two feet (2?) for a total maximum height of ten feet (10?) for these
features.
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8.Other Easements
Screening fences, walls and devices shall not be constructed within any
portion of a utility or drainage easement unless specifically authorized by
the City and by any other applicable utility provider(s).
Sec. 21.9.9 Tree Preservation and Mitigation
A.Purpose and Intent
1.The purpose of this section is to conserve, protect and enhance existing
healthy trees and natural landscape. It is recognized that the preservation
of existing trees contributes to the overall quality and environment of the
City. Trees can and do contribute to the processes of purification,
oxygenation, regeneration, groundwater recharge, reduction of pollution
and contaminants in aquifers, erosion and dust control, abatement of noise,
provision of wildlife habitat and enhancement property values.
Indiscriminate clearing or stripping of natural vegetation on any parcel is
prohibited.
2.It is hereby declared the intent of the City to encourage the preservation of
all trees within the City limits. While the layout of a property with respect
to the placement of buildings, parking facilities and other site
requirements is at the discretion of the developer of the property, it is the
policy of the City to promote site layout and design in a manner which
preserves the maximum amount of Protected and Heritage Trees possible.
B.Applicability and Exemptions
1.The provisions of this section are applicable to the following:
a.all new residential and nonresidential development within the City;
b.redevelopment of any residential or nonresidential property within
the City that results in an increase in the building footprint or the
total destruction and reconstruction;
c.any grading, filling or clearing of land in the City limits; and
d.any selective or individual removal of any Protected or Heritage
Tree in the City limits.
2.The following definitions shall be applicable to the provisions of this
section:
a.Protected Trees
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Trees having a DBH (diameter at breast height measured four feet
(4?) above existing ground level) between eight inches (8?) and
less than twenty-four inches (24?) are designated as ?Protected
Trees?.
b.Heritage Trees
Trees having a DBH greater than or equal to twenty-four inches
(24?) are designated as ?Heritage Trees?.
c.Damage
Damage shall be considered any injury to a tree including, but not
limited to:
i.uprooting;
ii.severance of the root system or main trunk;
iii.storage of topsoil, construction materials, debris or
chemicals within the drip line area;
iv.compaction of soil within the drip line area;
v.a substantial change in the natural grade above a root
system or within the drip line area;
vi.pruning or removal of more than twenty-five percent (25%)
of the living tissue; or
vii.paving with concrete, asphalt or other impervious material
within the drip line area. Tree grates or tree wells may be
provided to preserve pervious surface within the drip line
area.
3.The following are exempt from the preservation, mitigation and permitting
requirements of this section:
a.protected Trees located within the area of a proposed on-site
sewage facility (OSSF);
b.protected Trees located within a right-of-way to be dedicated to
and maintained by the City and shown on the City?s Master
Thoroughfare Plan;
c.protected Trees located within any utility easement;
d.trees damaged or destroyed by floods, fire, wind or other natural
causes;
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e.dangerous, diseased, damaged, dead or dying protected or heritage
trees as determined 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
f.the following exempted tree species:
Table 21.9.9 Exempted Trees
Common Name Scientific Name
HackberryCeltisoccidentalis
Juniperus
Eastern Red Cedar
virginiana
Common Ashe
Juniperis ashei
Juniper
ChinaberryMeliaazedarach
MesquiteProsopisspp.
Ligustrum Ligustrum spp.
4.All Heritage Trees to be removed shall be mitigated for in accordance with
the provisions of this section.
C.Tree Preservation
The existing natural landscape character, especially native oaks, elms, and pecan
trees, shall be preserved to the maximum extent reasonable and feasible. Except
as otherwise exempted in section 21.9.9.B.3 above, a Tree Removal Permit is
required for the removal of any tree with a DBH greater than eight inches (8?).
1.Protected Trees
Any Protected Trees not exempt from preservation in section B.3 above
may be removed upon approval of a Tree Removal Permit by the Director
of Parks, Recreation and Community Services Any decision of the
Director of Parks, Recreation and Community Services regarding a Tree
Removal Permit may be appealed to the BOA in accordance with section
21.4.14 of this UDC.
2.Heritage Trees
Any Heritage Trees to be removed may be removed upon approval of a
Tree Removal Permit by the Director of Parks, Recreation and
Community Services. Any decision by the Director of Parks, Recreation
and Community Services regarding a Tree Removal Permit may be
appealed to the BOA in accordance with section 21.4.14 of this UDC. All
Heritage Trees shall be required to meet the mitigation requirements of
this section.
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3.Minimum Preservation
In the development of any site, at least twenty-five percent (25%) of all
trees (including those with a DBH of eight inches (8?) or less) must be
preserved.
D.Tree Mitigation
Any trees that are removed or damaged as a result of the approval of a Tree
Removal Permit shall be mitigated for on the same site as the proposed
development. The species of trees planted for mitigation purposes may not
include those listed as exempt in section B.3 above nor any of the undesirable
trees identified in Table 21.9.7F. All trees planted for mitigation purposes must
be a species of shade tree identified in Table 21.9.7A. In the event that mitigation
is not feasible on the same site as the proposed development, an applicant may
request to donate trees, meeting the mitigation requirements of this section, to be
planted at public parks, schools, or other approved public facilities throughout the
City or provide a fee-in-lieu of payment which will be used to place trees at
public parks, schools, or other approved public facilities throughout the City.
Tree mitigation funds may also be utilized to install irrigation, to repair or remove
damaged or destroyed trees, to preserve and protect existing Protected and
Heritage Trees and to purchase equipment for the preservation or protection of
existing trees. Mitigation requirements are:
1.Protected Trees
Protected trees shall be mitigated at a one-to-one (1:1) DBH inch ratio for
every tree removed. Replacement trees shall have a minimum DBH of
three inches (3?).
2.Heritage Trees
Heritage trees shall be mitigated at a three-to-one (3:1) DBH inch ratio for
every tree removed. Replacement trees shall have a minimum DBH of
three inches (3?).
3.Damaged Trees
Any trees that are designated for preservation and are damaged during the
construction process or that die within two (2) years of issuance of a
certificate of occupancy shall be mitigated for in accordance with section
21.9.9.D.1 and D.2 above.
4.Mitigated Trees
Trees planted and counted towards the necessary mitigation requirements
that are damaged after planting or that die within two (2) years of issuance
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of a certificate of occupancy shall be mitigated for at a one-to-one (1:1)
DBH inch ratio for every tree damaged or that dies.
E.Tree Protection Standards
1.All trees to be preserved on site shall be protected from damage caused by
site excavation or construction in accordance with the following:
a.All trees shall be protected by a fence, frame or box constructed
around the drip line of the preserved tree. Protection measures
may not be removed until construction is complete.
b.A minimum of three inches (3?) of mulch or compost shall be
spread beneath the drip line of the preserved tree.
c.No person shall excavate any ditches, tunnels, or trenches, place
any paving material or place any drive or parking area within the
drip line of any Protected or Heritage Tree without prior written
approval of the City Manager or his/her designee at the time of Site
Plan approval.
d.No person shall attach any rope, wire, nails, advertising posters or
other contrivance to any Protected or Heritage Tree.
2.The Director of Parks, Recreation and Community Services or his/her
designee shall determine the health of oak trees within the City to
determine if a tree is threatened by fatal diseases including Oak Wilt. It is
further declared that the loss of oak trees growing on private and public
property substantially depreciates the value of property within the City and
impairs the safety, good order, general welfare and convenience of the
public. It is the intent of the City to control and prevent the spread of Oak
Wilt.
a.If any oak tree is wounded by intentional damage or pruning or as
a result of natural causes, the damaged area shall be immediately
treated with tree wound dressing.
b.All necessary and reasonable efforts shall be given during the
permitted removal of any trees to utilize best known practices to
prevent the spread of Oak Wilt disease to any other surrounding
trees.
F.Tree Preservation Credits ? Nonresidential and Multifamily Developments
To encourage the preservation of existing Protected or Heritage Trees contained
within a proposed development, the following minimum tree preservation credits
may be provided. Caliper is the diameter of the tree in inches measured at twelve
(12) inches above the ground.
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1.Protected Trees shall receive a credit against the minimum required
landscaping or mitigation standards at a one-to-one (1:1) caliper inch
ratio;
2.Heritage Trees shall receive a credit against the minimum required
landscaping or mitigation standards at a three-to-one (3:1) caliper inch
ratio; or
3.Protected and Heritage Trees located within a required buffer area shall
receive a credit against the minimum buffer requirements at a one-to-one
(1:1) DBH inch ratio.
G.Tree Survey Required
Every application for a final plat for residential development or Site Plan for
nonresidential and multifamily development shall be accompanied by a tree
survey that includes the following information:
1.total number of caliper inches on the site;
2.total number of caliper inches to be removed; and
3.total number of caliper inches to be preserved.
H.Tree Removal Permit
A tree removal permit is required for the removal of any Protected or Heritage
Trees not exempt in section 21.9.9.B.2 above. A tree removal permit shall be
submitted with the final plat for residential development or Site Plan for
nonresidential and multifamily development. The permit must be accompanied
by an appropriate application and shall contain a tree preservation plan showing
the following:
1.existing/proposed topography;
2.location of property lines, easement, rights of ways, setbacks, parking
areas and sidewalks;
3.location, species and size (in DBH) of each Protected and Heritage Tree,
except those trees exempted by section 21.9.9.B.2.f above;
4.a tree inventory that summarizes the following:
a.total number of caliper inches on the site;
b.total number of caliper inches to be removed;
c.total number of caliper inches to be preserved;
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d.location of any proposed tree mitigation; and
e.any proposed tree preservation credits; and
5.a summary of the tree protection methods to be utilized.
I.Criteria for Tree Removal Permit
In order to receive approval of a Tree Removal Permit, the Director of Parks,
Recreation and Community Services or the Planning and Zoning Commission, or
City Council on appeal, must make certain findings as outlined in this section.
The Director of Parks, Recreation and Community Services or the Planning and
Zoning Commission, or City Council on appeal, may require submittal of a report
from a registered Arborist to verify reasons for removal or to determine
alternatives to tree removal. Each application for a tree removal permit shall be
reviewed and a decision rendered on approval or denial based on the following
criteria:
1.the condition of the tree with respect to disease, danger of falling,
proximity to existing or proposed structures, interference with existing or
proposed private or public facilities or services or the tree presents a clear
public safety hazard because:
a.the tree is dead or is physically damaged to the degree that it is
clear that it is likely to fall and injure persons or property;
b.the tree is located within, or within proximity to, existing or
proposed public rights-of-way and is causing damage to existing
public or private facilities or services or may cause damage to
proposed public or private facilities and such facilities or services
cannot reasonably be relocated or the damage alleviated; or
c.the condition or location of the tree presents a clear public safety
hazard or the foreseeable danger of property damage to an existing
or proposed structure and such hazard or danger cannot reasonably
be alleviated by treatment or pruning;
2.the tree is proposed for removal in order for the property to achieve
compliance with other applicable City requirements and standards (i.e. site
design or use standards) or is the location for future construction;
3.removal of the tree will not have a significant negative impact on erosion,
soil stability, flow of surface waters, protection of adjacent trees or
windbreaks; or
4.removal of the tree will not have a significant negative impact on the tree
densities, sizes, canopies and species diversity of existing trees in the area
except that consideration shall be given when alternatives to tree removal
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have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zoning district.
Sec. 21.9.10 Park and Open Space Dedication Requirements
A.Purpose
1.The purpose of this section is to provide for the adequate provision of
parkland and open space to meet the needs of a growing City population;
for improvements to existing parkland; for establishment, maintenance
and operation of a Parkland Dedication Fund; establish requirements and
procedures for governing required dedications of parkland or
improvements to existing parkland by subdividers of land; and for cash
payments-in-lieu of land by subdividers of land in certain cases.
2.It is hereby declared by the City Council that recreational areas in the form
of parks and open spaces are necessary and for the public welfare and that
the only adequate procedure to provide for parkland and park
improvements is by integrating such a requirement into the procedure for
planning and developing property or subdivisions in the City, whether
such development consists of new residential construction on vacant land
or the addition of new dwelling units on existing residential land. It is the
policy of the City to require subdividers of residential subdivisions and
lots to provide for parkland and park facilities at the time of development
approval in proportion to the need for such improvements created by the
developments and in proportion to the benefits received from contribution
of such facilities.
B.Applicability
The parkland dedication and park development requirements of this section shall
be applicable to every residential subdivision developed under the provisions of
this UDC, whether such subdivision consists of new residential construction on
vacant land or the addition of new dwelling units on existing residential land,
within the City limits or the City?s ETJ.
C.Submittal Requirements
1.Prior to submittal of a Subdivision Master Plan or Preliminary Plat, a
General Parks Plan shall be submitted and shall contain, at a minimum, the
following information:
a.location and size of any proposed parks to be dedicated to the
public or to be retained as private parkland;
b.a statement of the suitability of the parkland in meeting the criteria
in subsection H of this section;
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c.a general park development plan including any proposed
improvements; and
d.a phasing plan.
2.Prior to submittal of a Final Plat, a Detailed Parks Plan shall be submitted
and shall contain, at a minimum, the following information:
a.location and size of the proposed park;
b.a statement of the suitability of the parkland in meeting the criteria
in subsection H of this section; and
c.a detailed plan of any proposed improvements, including cost.
3.The Director of Parks, Recreation and Community Services shall review
the General Parks Plan and make a recommendation to the Planning and
Zoning Commission prior to approval of a Subdivision Master Plan or
Preliminary Plat. Recommendations should be based upon the
Comprehensive Land Plan and/or the Parks and Open Space Master Plan
as adopted by the City, and the standards and provisions contained herein
regarding the amount and location of park land and fees-in-lieu of park
land dedication.
4.All parkland to be dedicated to the City shall meet the suitability
requirements of section 21.9.10.H.
D.Parkland Dedication Requirements
1.Land Dedication
A final plat establishing a residential (including multifamily) subdivision
or commercial or manufacturing district either within the City or within
the ETJ of the City shall contain the dedication of an area of land for park
purposes meeting the requirements 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;
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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 streets and utilities to serve the parcel to be
dedicated as parkland.
2.Development of Areas Smaller Than Five (5) Acres
The development of park areas smaller than five (5) acres for public park
purposes is deemed to be impractical. If fewer than five (5) acres are
proposed to be created by a plat, then prior to filing the plat, the subdivider
shall be required to pay to the City the applicable cash payment-in-lieu of
land. No plat showing a dedication of less than five (5) acres for a public
park shall be approved by the Planning and Zoning Commission. While
dedication of parkland to the City in an amount less than five (5) acres is
deemed impractical, it is the City?s policy to encourage the development
of private parkland in accordance with subsection I below and provide
credit for development of these private parklands accordingly.
3.Dedication Procedures
The owner of property for a residential subdivision shall be required at
final plat approval to dedicate parkland. Dedication of parkland shall be
evidenced by a formal dedication on the plat to be recorded. The land so
dedicated and conveyed shall not be subject to any reservations of record,
encumbrances of any kind, or easements, which in the opinion of the City
will interfere with or materially increase the cost of making such land
available for parks or recreational purposes.
4.Development of Subdivision in Phases
If a subdivision is to be developed in phases and the final platting of the
park area to be dedicated is to be included in a future phase, then the
subdivider shall be required to provide a notation on the plat which
acknowledges that dedication of parkland to serve said subdivision will
occur with the platting of future phases.
5.Right to Accept/Reject Land
If the City determines that sufficient park area is already in the public
domain within proximity of the proposed development, or if the recreation
needs for the area would be better served by expanding or improving
existing parks, the City has the right to accept the dedication or to refuse
same and require a cash payment-in-lieu of land.
6.Compliance with Parks and Open Space Master Plan
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The City has adopted a Parks and Open Space Master Plan which outlines
the necessity for parkland dedication and the types of improvements
deemed appropriate for the City. The dedication and development of any
parkland and the expenditure of any fees-in-lieu of dedication or
development shall be in accordance with the Parks and Open Space
Master Plan of the City.
E.Fee-in-Lieu of Land Dedication Requirements
1.Right to Request Waiver of Dedication Requirements
A subdivider obligated to make a dedication of land may request the City
waive the required dedication of land, in whole or in part, and to accept a
cash payment-in-lieu of land dedication. Any request for a waiver to the
land dedication requirements shall be subject to review and
recommendation by the Parks and Recreation Advisory Board and final
approval by the Planning and Zoning Commission.
2.Required Fee-in-Lieu of Land Dedication
Any subdivider who is required to make a cash payment-in-lieu of land
dedication or who is granted a waiver in accordance with section 21.9.10.1
above, shall make a cash payment-in-lieu of land in accordance with this
section. The amount of such cash payment-in-lieu of land shall be
calculated by multiplying the number of dwelling units proposed to be
established by the plat times the amount per dwelling unit as established in
the fee schedule set from time to time by the City Council. A cash
payment-in-lieu of land shall be made prior to the recordation of the final
plat.
F.Parkland Development Agreements
As an alternative to parkland dedication in accordance with section 21.9.10.D
and cash-in-lieu of dedication in accordance with section 21.9.10.E, a subdivider
and the City (within the sole discretion of the City) may enter into a community
facilities agreement or Development Agreement to structure other arrangements
for the development of parks and park systems in the City. Such agreements must
further the City?s overall parkland development goals.
G.Park Development
1.A subdivider who elects to dedicate parkland in accordance with section
21.9.10.D above shall improve all dedicated public parkland with
improvements approved by the Parks and Recreation Advisory Board and
the City Parks and Recreation Department. Design, specification, and
construction of the improvements shall be subject to review and approval
by the City. Construction of the improvements must be completed within
one (1) year of the approval of the final plat of the subdivision. No final
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plat shall be recorded for any subdivision in which completion of the
required improvements has not been accepted by the City; however, in the
event that a subdivider requests that a final plat be approved prior to
completion of the required improvements, surety for construction of
improvements may be provided in the same manner as required of other
subdivision- and site-related construction.
2.In-lieu of constructing the improvements required in section 21.9.10.F.1
above, the subdivider may elect to make a cash payment-in-lieu of
construction to the City to meet the City?s current or future recreational
needs. If a developer who has dedicated land in accordance with section
21.9.10.D above elects to make a fee-in-lieu of payment for park
development, the City shall utilize those funds for improvement of
parkland within the subdivision in which the funds are collected. In the
event there are remaining funds after development of said parkland, the
City may utilize the remaining funds to complete improvements in any
public park within the City.
3.If the subdivider elects to pay fees-in-lieu of parkland dedication in
accordance with section 21.9.10.E above, then the subdivider shall make a
cash payment-in-lieu of construction to the City for the required
improvements in addition to the fees paid-in- lieu of dedication. Cash
payments made in accordance with this paragraph may be utilized to
complete improvements in any public park within the City.
4.Cash payments-in-lieu of required improvements shall be calculated by
multiplying the number of dwelling units times the price per dwelling unit
as established in the fee schedule set from time to time by the City
Council.
H.Parkland Dedication Fund
1.Special Fund
The City shall reserve all fee-in-lieu of payments and any accrued interest
from the fee-in-lieu of parkland dedication or fee-in-lieu of parkland
development in a separate account from the general funds of the City.
This fund shall be known as the Parkland Dedication Fund.
2.Deposit/Expenditure of Parkland Dedication Fund
The City shall deposit sums collected as cash payments-in-lieu of land and
cash payments-in-lieu of improvements in the Parkland Dedication Fund.
The City shall expend such funds collected for the acquisition of land or
for the improvement of existing parks on a first in, first out basis.
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3.Records and Method of Expenditure
The City shall maintain records detailing the receipts and expenditures for
the Parkland Dedication Fund. All funds deposited as credit for fee-in-lieu
of parkland dedication may be utilized for the acquisition and/or
development of parkland within the City. All funds collected as fee-in-
lieu of parkland development shall be utilized for the development of
parkland in accordance with section 21.9.10.F above.
I.Parkland Design Criteria
1.Location
Any land to be dedicated to meet the requirements of this section shall be
reasonably located and adaptable for use as parkland and/or recreation
facility, consistent with the most recent edition of the Comprehensive
Land Plan and/or Parks and Open Space Master Plan as adopted by the
City Council.
2.Land Suitability
The Parks and Recreation Advisory Board shall make recommendations to
the Planning and Zoning Commission regarding the suitability of proposed
park land. The location, access, size, shape, topography, natural drainage,
utilities, parking facilities, and wooded areas and other vegetative cover of
the parcel or tract of land to be dedicated shall be appropriate for public
parks and recreation purposes. All such park land shall be designated and
located so as to satisfy the requirements of this section.
3.Usable Land
At least fifty percent (50%) of proposed parkland dedication site shall be
level, well drained and suitable for open play. Such land shall be located
outside of any one hundred (100) year floodplain or any other special
flood zone identified on the most recently approve FEMA FIRM map and
shall not exceed five percent (5%) slope.
4.Access
Access to parkland designated on a subdivision plat shall be provided by
the dedication of at least 200 feet of street frontage in a manner
satisfactory to the City, preferably at the corner of two (2) intersecting
streets. When the land abutting the designated parkland is developed, the
subdivider of such abutting land shall furnish and pay for all paving of all
abutting street frontage.
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5.Utilities
Potable water and wastewater connections shall be readily available at the
park site with water and wastewater lines located along the street frontage.
The applicant must demonstrate to the satisfaction of the City that
sufficient living unit equivalents that are not otherwise committed to other
property are available to serve the park within these water and wastewater
lines.
6.Drainage Improvements
Any detention ponds and/or other drainage facilities to be constructed in
areas that are to be dedicated as parkland must be designed and
constructed to also allow for recreational use. The subdivider may be
required to demonstrate that the design, placement and construction of
such ponds meet the requirements of the City.
7.Floodplain
The following standards shall apply to all land proposed for dedication or
parkland which is located in a FEMA designated floodplain or other
special flood hazard area.
a.Amount of Credit
Every acre of proposed dedicated parkland located within the
floodplain or other special flood hazard area shall count as one-half
(1/2) acre of land towards the total parkland dedication
requirement.
b.Criteria for Parkland
Floodplain areas will be considered for eligibility as land to be
dedicated based on the following criteria.
i.The floodplain area is easily accessible and has adequate
street frontage.
ii.There has been minimal alteration of the natural character
of the waterway and the floodplain area. Some
improvements are necessary for City access and
maintenance.
iii.In no case will floodplain areas be accepted which are less
than one hundred feet (100?) in width.
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iv.The area?s configuration and topography is suitable for the
placement of low impact facilities such as playgrounds,
picnic facilities and open play fields.
8.Disturbed Area
Any disturbed parkland shall be restored and the soil stabilized by a
vegetative cover by the subdivider.
9.Disclosures
Prior to dedication of parkland, the subdivider shall make full disclosure
of the presence of any hazardous substances and/or underground storage
tanks (USTs) of which the subdivider has knowledge. The City, at its
discretion, may proceed to conduct such initial environmental tests and
surveys on the land as it may deem appropriate, and the subdivider shall
grant to the City and its agents and employees such reasonable access to
the land as is necessary to conduct such surveys and tests. If the results of
such surveys and tests indicate a reasonable possibility of environmental
contamination or the presence of USTs, the City may require further
survey and tests to be performed at the subdivider?s expense as the City
may deem necessary prior to its acceptance of the dedication, or in the
alternative, the subdivider may be required to identify alternative property
or pay the fees-in-lieu of such parkland dedication.
10.Trash and Debris
The park site shall be free of trash and debris. If the condition of the
dedicated parkland is disturbed during construction of subdivision
improvements then the subdivider shall be responsible for returning the
dedicated land to its previous condition prior to or at the time of final plat
filing. The public improvements to be constructed per the applicable
subdivision plat will not be accepted by the City until such time that the
above conditions have been met.
11.Areas Not Meeting the Minimum Requirements
In the event that areas proposed for dedication do not meet the grade,
slope, or other requirements for parkland dedication found in this section,
but are known to contain sensitive environmental features, the City may,
at its discretion and after review by the Parks and Recreation Advisory
Board, modify the standards of this section subject to the following
limitations:
a.that such areas shall provide recreational or educational
opportunities for the surrounding community in-lieu of parkland
dedication;
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b.that such areas shall be given a partial credit against the
requirement of land dedication and/or payment of fees; and
c.that such areas shall meet any additional standards deemed
necessary by the Planning and Zoning Commission after a
recommendation by the Parks and Recreation Advisory Board,
pertaining to the dedication of land containing sensitive
environmental features.
J.Private Parks
1.Private Parkland Required
It is the intent of the City to provide for adequate areas of parkland within
every subdivision as deemed practical by the City. All residential
subdivisions developed after the effective date of this UDC that do not
dedicate land in accordance with Paragraph D above, shall be required to
dedicate an area as private parkland or open space. The amount of
parkland dedicated and amenities provided shall be approved by the Parks
and Recreation Advisory Board.
2.Credit for Private Parkland
Up to fifty percent (50%) in area of a subdivision?s total parkland
dedication requirement may be satisfied through the dedication of a
private park within the subdivision. Up to fifty percent (50%) of the
parkland development fee may be satisfied through the development of a
private park within the subdivision.
3.Maintenance of Private Parks
The subdivider must submit a condominium declaration, homeowner?s
agreement or similar document which establishes the private ownership
and maintenance responsibility of any private park areas together with a
mechanism for funding the maintenance of the park established to meet
the requirements of this section. In addition, a plat note must be included
on the preliminary plat and final plat stating the ownership and
maintenance responsibility of all private park areas.
4.Requirement of Continued Use
A restrictive covenant shall be recorded at the time of the recording of the
plat, which covenant shall run with the land subdivided. The covenant
shall restrict use of private parks and facilities to park and recreational
purposes and must be submitted for approval by the City prior to final plat
acceptance.
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5.Security for Performance
The City may require financial assurances from the subdivider that the
private park will be developed and completed, with assurances that a
failure by the subdivider to timely complete the improvements to the park
shall result in dedication of the private park to the City and the proceeds of
the financial assurances as offered become the property of the City for use
in completing the park.
Sec. 21.9.11 Lighting and Glare Standards
A.Purpose and Intent
The purpose of this section is to regulate outdoor lighting in order to reduce or
prevent light pollution in the City. New lighting technologies have produced
lights that are extremely powerful, and these types of lights may be improperly
installed so that they create problems of excessive glare, light trespass, and higher
energy use. Excessive glare can be annoying and may cause safety problems.
Light trespass reduces privacy, degrades the enjoyment of the night sky, and
results in higher energy use and increased costs for everyone. Appropriately
regulated, and properly installed, outdoor lighting will contribute to the safety and
welfare of the residents, and will help preserve the rural and historic character of
the City.
B.Applicability
1.The regulations contained in this section are applicable only within the
corporate limits of the City.
2.Compliance with the regulations in this section is strongly encouraged for
improvements and developments within the ETJ in order to prevent light
pollution and preserve the rural and historic character of the City.
3.All outdoor lighting fixtures installed on private and public property
within a new development or redevelopment within the City limits shall be
required to comply with this UDC. This UDC does not apply to interior
lighting; however, overly bright lighting emitted from a structure will be
subject to this UDC if it is determined by the City Manager or his/her
designee that it creates a nuisance or a potential safety hazard.
4.All outdoor lighting fixtures existing and legally installed and operating
before the effective date of this UDC shall be exempt from this UDC
unless they are determined to create a safety hazard. When existing
lighting fixtures become inoperable, their replacements are subject to the
provisions of this UDC.
5.Modifications to nonconforming lighting fixtures shall also comply with
this section.
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6.In the event of a conflict between this section and any other section of this
UDC or any other regulation of the City, the more stringent requirements
shall apply.
C.Exemptions
The following are exempt from the provisions of this UDC:
1.publicly maintained traffic control devices;
2.street lights installed prior to the effective date of this UDC;
3.temporary emergency lighting (fire, police, repair crews);
4.lighting fixtures and illumination requirements imposed by TxDOT within
TxDOT rights of way (ROW);
5.moving vehicle lights;
6.navigation lights (aircraft warning beacons on water towers and wireless
transmission facilities) required by State or Federal law;
7.signs and associated lighting that conform to the sign regulations of this
section;
8.seasonal decorations with lights in place no longer than sixty (60) days;
9.sports field lighting;
10.other temporary uses approved by the City Council (festivals, carnivals,
fairs, night-time construction);
11.covered porch lighting on residences provided that each external light
fixture does not exceed 150 watts; and
12.security lights of any output that are controlled by a motion sensor switch
provided they do not exceed 0.25 footcandle at the property line and do
not remain illuminated for a duration not to exceed ten to twelve (10-12)
minutes after activation.
D.Submittals
Applications for all building permits for new construction or redevelopment,
including the installation of outdoor lighting fixtures, shall provide proof of
compliance with this UDC. The submittal shall contain the following information
as part of the Site Plan:
1.plans indicating the location, type, and height of lighting fixtures including
both building mounted and ground mounted fixtures;
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2.a description of the lighting fixtures, including lamps, poles or other
supports and shielding devices, which may be provided as catalog
illustrations from the manufacturer;
3.photometric data, which may be furnished by the manufacturer, showing
the angle of light emission;
4.detailed site lighting plan illustrating the footcandle power measured
throughout the site; and
5.additional information as may be required by the Planning and Zoning
Commission in order to determine compliance with this UDC.
E.General Standards
The following standards shall apply to all outdoor lighting installed after the
effective date of this UDC.
1.Outdoor lighting shall be designed to provide the minimum lighting
necessary to ensure adequate safety, night vision, and comfort, and not
create or cause excessive glare onto adjacent properties and public street
rights of way.
2.Outdoor lighting must be hooded, shielded, and/or aimed downward at at
least a forty-five degree (45°) angle.
3.The hood or shield must mask the direct horizontal surface of the light
source. The light must be aimed so as to ensure that the illumination is
only pointing downward onto the ground surface or into the building. No
illumination may spill onto adjacent property.
4.Any bright light shining onto an adjacent property or street that would
result in a safety hazard is not permitted. Light trespass beyond property
boundaries or above the horizontal plane shall be considered non-
compliant.
5.Existing fixtures may be adapted to comply with this UDC by adding a
properly designed hood or shield, or by redirecting any upward mounted
fixture downward onto the ground surface, sign, or illuminated structure.
6.All outdoor lighting fixtures shall be designed, located, and maintained to
minimize light trespass and all direct illumination shall be kept within the
boundaries of the property upon which the light fixture is positioned.
7.When approved, accent lighting shall be directed downward onto the
structure or object and not toward the sky or adjacent properties. Direct
light emissions shall not be visible above the roofline or beyond the
building edge.
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8.Spotlights on landscaping and foliage shall be limited to 150 watts output.
The light shall be shielded and so as not to create a nuisance or safety
hazard.
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.
F.Specific Nonresidential Lighting Requirements
1.The maximum allowable intensity of lighting for any nonresidential use
shall be 0.25 footcandles measured at the property line adjacent to any
residentially zoned area or at the street ROW line when the residentially
zoned area is separated by a public street ROW.
2.Light poles shall be placed on the site at a setback equal to their height
from all adjacent residential property or street rights-of-way.
3.Lighting facilities used to light signs, parking areas or for other purposes
shall be so arranged that the source of light is concealed from adjacent
residential properties and does not interfere with traffic.
4.When a light source has elements such as shields, reflectors or refractor
panels which direct and cut off the light at a cutoff angle that is less than
ninety degrees (90°), the maximum permitted height shall be thirty feet
(30?).
5.When a light source has a cutoff angle of ninety degrees (90°) or greater,
the maximum permitted height shall be fifteen feet (15?).
Sec. 21.9.12 Site Plan Process
A.Purpose and Applicability
1.Purpose
This section establishes a Site Plan review process for certain proposed
residential, nonresidential, and mixed-use developments. The purpose of
Site Plan approval is to:
a.ensure compliance with the requirements of this UDC;
b.promote better site design;
c.integrate projects more effectively into their surrounding
environment;
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d.prevent the impairment or depreciation of property values;
e.improve internal vehicular and pedestrian circulation;
f.encourage quality and innovative Site Planning techniques;
g.project and enhance the overall general public health, safety and
welfare;
h.ensure efficient and safe land development;
i.ensure harmonious use of land;
j.ensure compliance with the Comprehensive Land Plan and other
appropriate design standards; and
k.ensure adequate parking and loading, water supply, drainage and
storm water management, sanitary sewer facilities, and other
utilities and services.
2.Applicability
Site Plan review and approval shall be required as follows:
a.for any development that contains two (2) or more residential
dwelling units on a single tract, lot, or parcel of land;
b.for any development that contains single-family attached dwelling
units;
c.for any non-residential development;
d.any increase in an existing non-residential structure or a residential
structure that contains two (2) or more residential dwelling units
that is greater than twenty-five percent (25%) of the existing
building square footage;
e.for any PDD or SUP;
f.for any single-family residential development that includes a
private amenity or facility or a golf course; and
g.no building permit shall be issued for any of the above
developments until a Site Plan and all other required
engineering/construction plans are first approved by the City. No
certificate of occupancy shall be issued until all construction and
development conforms to the approved Site Plan and associated
engineering/construction plans. The Site Plan review process shall
include, but not be limited to, the following steps:
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i.pre-application conference;
ii.site Plan review and approval; and
iii.construction of project (after City approval of required Site
Plan and other associated plans, including platting and
engineering plans).
3.Exempted Uses
The following land use activities are exempted from the requirements of
this Article:
a.construction of one- or two-family dwellings, ordinary accessory
structures and related land use activities;
b.ordinary repair and maintenance of existing structures or uses;
c.agricultural land use;
d.incidental landscaping or grading;
e.individual manufactured homes; and
f.interior alterations that do not substantially change the nature or
use of the structure.
B.Application Requirements
Any request for Site Plan approval shall be accompanied by an application
prepared in accordance with the Development Services Department Development
Manual.
C.Processing of Application and Decision
An application for a Site Plan shall be submitted to the City Manager or his/her
designee. The City Manager or his/her designee shall review the application for
completeness in accordance with section 21.4.2. The City Manager or his/her
designee may, at his/her option, request a recommendation from any other City
Department or consultant. The City Manager or his/her designee shall notify the
applicant of items requiring correction or attention before providing a
recommendation on the application.
D.Contents of a Site Plan
An application for a Site Plan shall include the information required by the
Development Services Department Development Manual.
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E.Criteria for Approval
The Development Services Department and City administrative staff, in
considering final action on a Site Plan, should consider the following criteria:
1.the Site Plan is consistent with the general purpose and intent of the
applicable zoning district regulations;
2.the Site Plan is compatible with adjacent developments and neighborhoods
and includes improvements to mitigate development related adverse
impacts;
3.the Site Plan does not generate pedestrian or vehicular traffic which will
be hazardous or conflict with the existing traffic patterns in the area;
4.the Site Plan incorporates features to minimize adverse effects on adjacent
properties;
5.adequate capacity of public or private facilities for water, sewer, electricity
and transportation to and through the development are provided to the site;
6.the proposed use and associated Site Plan promote the health, safety or
general welfare of the City and the safe, orderly, efficient and healthful
development of the City.
F.Revisions to Approved Site Plan
Changes to an approved Site Plan shall be processed in the same manner as the
original approved Site Plan; however, changes of details within a Site Plan which
do not alter the basic physical relationship of the property to adjacent property, do
not alter the use permitted, increase the density, floor area, height, or reduce the
yards provided at the boundary of the site as indicated on the approved Site Plan,
may be authorized by the City Manager or his/her designee. An aggrieved party
may appeal the decision of the City Manager or his/her designee to the BOA in
accordance with the provisions of this UDC.
G.Expiration of Site Plan
A Site Plan shall expire if any of the following occurs:
1.a building permit, if any, for the use has not been approved within two (2)
years after the approval of a Specific Use Permit;
2.a building permit has not been approved within two (2) years after the
approval of a Site Plan as part of a Planned Development District;
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3.a building permit has not been approved within two (2) years for the
construction of any building on the property for which the Site Plan was
approved; and
4.a building permit that was approved as a result of an approved Site Plan
expires within two (2) years after approval of the Site Plan.
End of Article 9
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Article 10Parking Standards
Sec. 21.10.1 Purpose
The purpose of this Article is to establish the number of required off-street vehicular parking
spaces so as to provide for the needs of occupants, customers, visitors or others involved in the
use or occupancy of any building or structure, to eliminate the undue use of the surface street
system for parking purposes, to require allocation of sufficient off-street/on-site loading facilities
by business and industry which ensures that the loading and unloading of vehicles will not
interfere with traffic flow or block roadways and/or fire lanes, to promote and protect the public
health, safety, comfort, convenience and general welfare, and to grant and define the
administrative powers and duties necessary to enforce this Article.
Sec. 21.10.2 General Provisions
A.Required off-street parking in residential districts shall be provided on the same
site, lot or tract as the main use for which the parking is provided.
B.Required off-street parking in nonresidential districts may be located on the same
site, lot or tract as the main use for which the parking is provided or on a site, lot
or tract located within the same zoning district and within 150 feet of the main
use.
C.If specific requirements for off-street parking result in a fraction of a parking
space, the next larger whole number of spaces is required.
D.Whenever a building or use constructed or established after the effective date of
this UDC is changed or enlarged in floor area, number of dwelling units, seating
capacity or otherwise, to create a need for an increase in the minimum number of
required parking spaces, such spaces shall be provided to accommodate the
enlargement or change.
E.All driveways and all required off-street parking spaces shall be on a paved
concrete or asphalt surface. All drive approaches shall be of paved concrete.
F.Parking spaces provided within a public right-of-way shall not be counted as
meeting the minimum requirements of this Article.
G.In the event of the construction of a phased development, the minimum number of
parking spaces provided shall apply to each phase as it is developed.
H.In computing the parking requirements for any building or development with
multiple uses, the total parking requirements shall be the sum of the specific
parking requirements for each individual use included in the building or
development.
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I.Residential Curb Cuts ?
1.Straight Driveways - Curb cuts for residential driveway aprons shall be
not less than ten feet (10?) in width, and not more than twelve feet (12?) in
width for a single driveway apron nor more than twenty-four feet (24?) in
width for a double driveway apron. Curb cuts will be permitted only for
driveway aprons providing access to a garage, carport or hardstand. Not
more than one curb cut will be permitted for each residential parcel of land
except as follows for circular driveways.
2.Circular Driveways - Circular driveways are allowed for lots with a
minimum of one hundred feet (100?) of frontage. Circular driveways shall
have a maximum of two (2) sixteen-foot curb cuts with a minimum of
thirty feet (30?) between each cut.
J.Detached accessory, ancillary or storage structures in commercial and
manufacturing districts shall not be located in a manner that decreases the
minimum number of parking spaces required.
K.Areas intended for outdoor displays and general outdoor storage shall not be
allowed in designated off-street parking areas or fire lanes and shall not be located
in a manner that decreases the minimum number of parking spaces required.
Sec. 21.10.3 Size of Space
A.Each standard off-street surface parking space shall measure not less than ten feet
(10?) by twenty feet (20?), exclusive of access drives and aisles, and shall be of
usable shape and condition.
B.Wheel Stops
Wheel stops shall be required for all areas of head-in parking adjacent to a
landscaped area required in section 21.9.7. Wheel stops shall be designed so that
the overhang of vehicles is contained totally within the parking space. If wheel
stops are not provided at locations where vehicles extend over the sidewalk areas,
a minimum of five feet (5?) of free walking area, exclusive of vehicle over hang,
width must be provided.
C.Each parking space designed for parallel parking shall have a minimum
dimension of eight feet (8?) by twenty-two feet (22?).
D.Each standard parking space located in a parking garage shall measure not less
than ten feet (10?) by eighteen feet (18?), exclusive of access drives or aisles.
E.Handicap Accessible Parking
1.The number and size of the handicap parking spaces required must follow
the Federal Americans with Disabilities Act and Texas Accessibility
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Standards. The number of handicap parking spaces required is based on
the total number of spaces provided. Accessible spaces for cars must have
at least a sixty inch (60?) wide access aisle located adjacent to the
designated parking space. Van parking spaces need to have a wider access
aisle of ninety-six inches (96?) to accommodate a wheelchair lift and
vertical clearance to accommodate van height.
Table 21.10.3
Minimum Number of Handicap Accessible
Parking Spaces
Total number of
parking spaces Total minimum number of accessible
provided (per parking spaces
lot)
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of total parking provided in lot
1,001 and over 20 plus 1 for each 100 over 1,000
2.Location
a.Accessible parking spaces must be located on the shortest
accessible route of travel to an accessible facility entrance. Where
buildings have multiple accessible entrances with adjacent parking,
the accessible parking spaces must be dispersed and located closest
to the accessible entrances and at the most level ground close to the
accessible entrance.
b.An accessible route must always be provided from the accessible
parking to the accessible entrance. An accessible route never has
curbs or stairs, must be at least three feet (3?) wide, and has a firm,
stable, slip-resistant surface. The slope along the accessible route
should not be greater than 1:12 in the direction of travel.
c.Accessible parking spaces may be clustered in one (1) or more lots
if equivalent or greater accessibility is provided in terms of
distance from the accessible entrance, parking fees, and
convenience. Van-accessible parking spaces located in parking
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garages may be clustered on one floor (to accommodate the ninety-
eight inch (98?) minimum vertical height requirement).
3.Signage
A sign with the international symbol of accessibility must be mounted in
accordance with applicable state and federal laws to see marking each
disabled parking space. Van accessible spaces must have a sign with ?van
accessible? on it in addition to the international symbol of accessibility.
Sec. 21.10.4 Schedule of Off-Street Parking Requirements
A.Off-street parking shall be provided in sufficient quantities to provide the
following ratio of vehicle spaces for the uses specified in the districts designated:
Table 21.10.4 Schedule of Off-Street Parking Requirements
Use Type Parking Requirement
Amusement, Commercial 10 spaces, plus 1 space for each 100 square feet of
(Indoor)total floor area over 1,000 square feet
Amusement, Commercial 1 space per 500 square feet of outdoor site area
(Outdoor)plus 1 space per each 4 fixed spectator seats
Bank, Savings And Loan, Or
1 space for each 250 square feet of gross floor area
Other Financial Institution
Bar Or Night Club 1 space for each 50 square feet of gross floor area
1 space for each rented room plus 1 space per
Bed And Breakfast
employee
Bowling Alley 5 parking spaces for each lane
Bus Depot 1 space for each 100 square feet of gross floor area
Convalescent Home, Group
1 parking space for each 2 beds
Home, Home For The Aged
Dance, Assembly And
1 space for each 100 square feet used for assembly
Exhibition Halls Without Fixed
or dancing
Seats
Day Care Center 1 space per 250 square feet of gross floor area
Group Home 4 spaces
Hospital1 parking space for each bed
1 space for each sleeping room or suite plus 1
Hotel Or Motel space for every 200 square feet of common area
not designated as sleeping rooms
Libraries, Laboratories And 10 spaces plus 1 space for each 300 square feet of
Student Centers floor area
Lodging Houses And Boarding 1 space per each two (2) persons capacity of
Housesovernight sleeping facilities
1 space for each 2 employees or 1 space for each
Manufacturing , Processing Or
1,000 square feet of total floor area, whichever is
Repairing
greater
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Table 21.10.4 Schedule of Off-Street Parking Requirements
Use Type Parking Requirement
Medical Or Dental Clinic 1 space for each 200 square feet of total floor area
1 space for each 300 square feet of office floor area
Miniwarehouseplus 1 space for each 3,000 square feet of storage
area
1 parking space for each 50 square feet of floor
space in service rooms or 1 space for each 3 seats,
Mortuary/Funeral Home
whichever is less based on maximum design
capacity)
Multifamily, Duplex, Two-
Family, Condominium Or Other 1.5 spaces per bedroom
Similar Use
Offices1 space for each 250 square feet of gross floor area
Personal Service Shop 1 space for each 200 square feet of gross floor area
Residence Halls, Fraternity
1 space per person capacity of permanent sleeping
Buildings And Sorority
facilities
Buildings
Residential Care Facility 1space per each two (2) persons
1 parking space for each 100 square feet of gross
Restaurantsfloor area, or 1 space for each 4 seats, whichever is
less (based on maximum design capacity)
Retail Sales And Service 1 space for each 250 square feet of gross floor area
1 space for each classroom plus 1 space for every
School, All Other Schools four (4) seats in any auditorium, gymnasium or
other common place of assembly
1 space for every three (3) students, faculty and
School, High School And staff plus 1 space for every four (4) seats in any
Vocational auditorium, gymnasium or other common place of
assembly (based on maximum design capacity)
Shopping Center Or Mall 1 space for each 250 square feet of gross floor area
Single Family Attached And
2 parking spaces per dwelling unit
Detached Dwelling Units
Theaters, Auditoriums,
Churches, Assembly Halls,
1 space for each 4 seats or 1 space for every 100
Sports Arenas, Stadiums,
square feet of gross floor area, whichever is less
Conference Center, Convention
(based on maximum design capacity)
Center Or Other Place Of Public
Assembly
1 space for each 3,000 square feet of sales area
Vehicle Sales Or Rental (open and enclosed) devoted to the sale, display or
rental of vehicles
Vehicle Service, Repair, Garage 1 space for each 200 square feet of total floor area
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Table 21.10.4 Schedule of Off-Street Parking Requirements
Use Type Parking Requirement
1 space for each 2 employees or 1 space for each
Warehouse1,000 square feet of total floor area, whichever is
greater
B.New and Unlisted Uses
When a proposed land use is not classified in this section, the parking
requirements will be based on the minimum standard which applies to a specified
use which is most closely related to the proposed land use, as determined by the
City Manager or his/her designee.
C.Mixed Uses
In the event that several users occupy a single structure, or parcels of land, the
total requirements for off street parking shall be the sum of the requirements for
the several uses computed separately unless it can be shown that the peak parking
demands are offset, for example with retail and residential, or theater and office
uses. In such case the City Manager or his/her designee may reduce the total
requirements accordingly, but not more than twenty-five percent (25%).
D.Joint Use of Facilities
Required parking facilities of two (2) or more uses, structures, or parcels of land
may be satisfied by the same parking facility used jointly, to the extent that it can
be shown by the owners or operators that the need for the facilities does not
materially overlap and provided that such right of joint use is evidenced by a
deed, lease, contract, or similar written instrument establishing the joint use.
Sec. 21.10.5 Striping
A.All parking lots shall be striped in a manner that will clearly delineate parking
spaces, fire lanes and pedestrian crosswalks.
B.Directional arrows shall be provided in all drive lanes and driveways.
Sec. 21.10.6 Shared Access and Cross Lot Access Easements
Notwithstanding any other provisions of this UDC, unless otherwise approved by the City, to
reduce the number of curb cuts and access driveways, the dedication of joint-use, private access
driveway easements and cross lot access easements shall be required for all commercial
development.
Sec. 21.10.7 Stacking Requirement for Drive-Through Facilities
A.A stacking space shall be an area on a site measuring eight feet (8?) by twenty feet
(20?) with direct forward access to a service window or station of a drive-through
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facility which does not constitute space for any other circulation driveway,
parking space, or maneuvering area.
B.All stacking spaces shall be located entirely within the lot and shall be outside of
any right-of-way, fire lane or similar access.
C.For financial institutions with drive-through facilities, each teller window or
station, human or mechanical, shall be provided with a minimum of five (5)
stacking spaces.
D.For each service window of a drive-through restaurant, a minimum of seven (7)
stacking spaces shall be provided.
E.For kiosks, a minimum of three (3) stacking spaces for each service window shall
be provided.
Sec. 21.10.8 Off-Street Loading/Unloading Requirements
All retail, commercial, industrial and service structures shall provide and maintain off-street
facilities for receiving and loading merchandise, supplies and materials within a building or on
the lot or tract. Such off-street loading space may be adjacent to a public alley or private service
drive or may consist of a truck berth within the structure. Such off-street loading space or truck
berth shall consist of a minimum area of ten feet (10?) by forty feet (40?) and the spaces or berths
shall be provided in accordance with the following schedule:
Table 21.10.8
Off-Street Loading Requirements
Square Feet of
Minimum Required
Gross Floor Area in
Spaces or Berths
Structure
0 ? 5,000 None
5,000 ? 15,000 1
15,000 ? 50,000 2
50,000 ? 100,000 3
100,000 ? 150,000 4
Each Additional
50,000 over 1
150,000
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Sec. 21.10.9 Additional Regulations and Illustrations
A.Handicapped Ramps
B.Handicapped Parking Space Dispersal
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C.90° Parking Dimensions
D.Angle Parking Dimensions
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E.Drive Aisle Dimensions
F.Separation of Right-of Way and Parking Areas
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G.Landscaping and Fencing
End of Article 10
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Article 11Signs and Advertising Devices
Sec. 21.11.1 Purpose
The City recognizes the safety, commercial, emergency, and informational needs for signs. This
Article has been adopted to protect the health, safety, and welfare of the citizens by regulating
the location, construction, duration, size, height, installation, and maintenance of all signs within
the jurisdiction of the City, including its ETJ in accordance with LGC Chapter 216. Additionally,
this Article is intended to enhance property values, maintain aesthetic attractiveness, and
promote commercial opportunity in the City, and to support and further the objectives of the
City?s Comprehensive Land Plan.
Sec. 21.11.2 Applicability
All signs shall be erected, displayed, altered or reconstructed in conformity with this Article.
Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
A.Other Laws
The provisions of this Article shall not be deemed to nullify any other provisions
of federal or state law.
B.Partial Invalidity
In the event any part or provision of this Article is held to be illegal or void, this
shall not have the effect of making void or illegal any of the other parts or
provisions.
C.Existing Signs
All signs legally existing on or before February 19, 2008 shall be permitted to
continue without change.
Sec. 21.11.3 Administration
A.General
The City Manager or his/her designee is hereby authorized and directed to enforce
the provisions of this Article and other laws, ordinances, codes and regulations
applicable thereto. The City Manager or his/her designee shall have the authority
to render interpretations of this Article and other laws, ordinances, codes and
regulations applicable thereto, and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of this Article and
shall not have the effect of waiving requirements specifically provided for herein.
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B.Applications
The City Manager or his/her designee shall receive applications, review plans and
documentation and issue permits for the erection, installation, enlargement,
alteration, and repair of all signs within the City and its ETJ.
C.Inspection
The City Manager or his/her designee shall make all inspections necessary to
ensure compliance with all state and local requirements governing signage.
D.Notices and Orders
The City Manager or his/her designee shall issue all necessary citations, notices or
orders to ensure compliance with this Article.
E.Right of Entry
Where it is necessary to make an inspection to enforce the provisions of this
Article, or where the City Manager or his/her designee has reasonable cause to
believe that there exists in a structure or upon a premises a condition which is
contrary to or in violation of this Article, the City Manager or his/her designee is
authorized to enter premises at reasonable times to inspect or to perform the
duties imposed by this Article, provided that if such premises are occupied that
credentials be presented to the occupant and entry requested. If such premises are
unoccupied, the City Manager or his/her designee shall first make a reasonable
effort to locate the owner or other person having charge or control of the premises
and request entry. If entry is refused, the City Manager or his/her designee shall
have recourse to the remedies provided by law to secure entry.
F.Department Records
The City Manager or his/her designee shall keep official records of applications
received, permits issued, fees collected, reports of inspections, and citations,
notices and orders issued. Such records shall be retained in the official records for
the period required by the State of Texas for the retention of public records.
G.Liability
The City Manager or his/her designee, members of the BOA, or other City
employees charged with the enforcement of this Article, while acting for the City
in good faith and without malice in the discharge of the duties required by this
Article or other pertinent laws, ordinances, codes or regulations shall not be
rendered liable personally and are hereby relieved of personal liability for any
damage accruing to persons or property as a result of any act or by reason of an
act or omission in the discharge of official duties. Any suit instituted against an
officer or employee because of an act performed by that officer or employee in
the lawful discharge of duties and under the provisions of this Article shall be
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defended by a legal representative of the City until the final termination of the
proceedings. No City official shall not be liable for cost in any action, suit, or
proceeding that is instituted in pursuance of the provisions of this Article.
Sec. 21.11.4 General Requirements
A.Permit Required
1.No person shall erect, alter or display any sign nor shall any person allow
the erection, alteration, or display of any sign upon any property within the
City or its ETJ owned or controlled by them without first obtaining a sign
permit to do so from the City Manager or his/her designee, except as
hereinafter provided. No sign permit shall be released by the City
Manager or his/her designee until after the building permit for the
principal building on the site has been issued.
2.Electrical Permit Required
No person shall install and connect electrical systems for a sign within the
City or its ETJ without first obtaining an electrical permit to do so from
the Building Inspections Division, except as hereinafter provided. The
Building Inspections Division shall not issue an electrical permit for a sign
until after the principal sign permit for such work has been issued.
B.Application
The following information shall be required for each application for a permit:
1.completed building permit application obtained from the Building
Inspections Division;
2.a Site Plan which includes:
a.location of all buildings, structures or tracts to which or upon
which the sign is to be attached or erected; and
b.position of the sign in relation to rights-of-way, easements,
buildings or structures and other existing signs;
3.plans that illustrate height, length, width and all other dimensions
associated with the sign. Plans shall include all electrical elements of the
sign; and
4.a letter or copy of a contract signed by the owner of the property stating
that the applicant has permission to erect such sign.
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C.Fees
All fees for a sign permit shall be in accordance with the current fee schedule
adopted by City Council.
1.A permit shall not be valid until such fee has been paid. An amendment to
a permit shall not be released until the additional fees, if any, have been
paid.
2.Where work for which a permit is required by this Article has been started
prior to obtaining a permit, the fees established by City Council shall be
doubled. Payment of such double fees shall not relieve any person(s) from
any other penalties prescribed by this UDC under section 21.1.11 or any
other law, ordinance, code or regulation applicable thereto.
D.Action on Application
The City Manager or his/her designee shall examine or cause to be examined
applications for permits and amendments thereto within fifteen (15) business days
after a complete application is filed. If the application or the construction
documents do not conform to the requirements of this Article and other pertinent
laws, ordinances, codes or regulations, the City Manager or his/her designee shall
reject such application in writing, stating the reasons therefore. If the City
Manager or his/her designee is satisfied that the proposed work conforms to the
requirements of this Article and other laws, ordinances, codes and regulations
applicable thereto, the City Manager or his/her designee shall issue a permit
therefore as soon as practical.
E.Time Limitation of Application
An application for a permit for any proposed work for which a permit has not
been issued shall be deemed abandoned six (6) months after the date of filing.
The City Manager or his/her designee may, at his/her discretion, grant one
extension for additional time not exceeding ninety (90) days. The extension shall
be requested in writing and justifiable cause demonstrated. Permits issued under
this Article are non-transferable from one person to another.
F.Condition of Permit
A permit issued under this Article shall be construed to be a license to proceed
with the work and not as authority to violate, cancel, alter, or set aside any of the
provisions of this Article or other law, ordinances, codes and regulations
applicable thereto. Nor shall issuance of a permit prevent the City Manager or
his/her designee from thereafter requiring correction of errors in plans,
construction, or removing violations of this Article or other laws, ordinances,
codes or regulations applicable thereto. Every permit issued shall become invalid
six (6) months after its issuance if the work is not completed unless otherwise
stated in this Article.
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G.Suspension or Revocation
The City Manager or his/her designee is authorized to suspend or revoke a permit
issued under this Article whenever the permit is issued in error or on the basis of
incorrect, inaccurate or incomplete information, or in violation of this Article or
any other laws, ordinances, codes or regulations applicable thereto.
H.Public Rights-of-Way, Alleys and Easements
A permit shall not be given by the City Manager or his/her designee for the
placement of a sign that will encroach upon any public right-of-way, alley or
utility or drainage easement.
I.Placement of Permit
The permit or copy thereof shall be kept on the site until the work permitted is
completed.
J.Appeal
An individual who has been denied a permit or had a permit revoked may appeal
in writing along with the established filing fee to the BOA within ten (10) days
after the date of denial or revocation.
Sec. 21.11.5 Exempted Signs
The following types of sign or sign work are exempt from the permit requirements of this Article
provided, however, that the exemption from the permit requirements of this Article shall not be
deemed to grant authorization for any work to be done in any manner in violation of the
provisions of this Article or any other laws, ordinances, codes or regulations of the City:
A.Governmental Signs
B.Political Signs
C.Railway Signs
Any sign within the railway right-of-way placed and maintained in reference to
the operation of such railway.
D.Utility Signs
Any sign marking utility or underground communications or transmission lines.
E.Vehicle Signs
Any sign placed on or affixed to vehicles and/or trailers where the sign is
incidental to the primary use of the vehicle or trailer as a form of transportation
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and which identifies the business, products, or services with which the vehicle
and/or trailer is related
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.
G.Warning Signs
Signs warning the public of the existence of danger but containing no advertising
material.
H.Street Address Signs
Address signs containing only numeric address and street or complex names.
I.Holiday Signs
Any temporary sign promoting the celebration of a holiday and containing no
commercial advertising.
J.Plaques
Any commemorative sign of a recognized historical society or organization.
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.
L.Minor Repairs and Maintenance:
Minor repair work to any sign, including the replacement of lamps or the
connection of approved portable electrical equipment to approved permanently
installed receptacles, painting or other similar exterior maintenance of a sign
structure so long as no structural alterations are made to the sign.
Sec. 21.11.6 Prohibited Signs
A.Obscene Signs
No person shall erect or display on any site a sign in which the dominant theme of
material taken as a whole appeals to the prurient interest in sex, and is patently
offensive because it affronts current community standards relating to the
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description or representation of sexual matters, and is utterly without redeeming
social literary, artistic, political, and scientific value, according to contemporary
community standards.
B.Obstructing Doors, Windows or Fire Escapes
No person shall erect or display on any site any sign that prevents free ingress to
or egress from any door, window or fire escape.
C.Obstructing Vision/Sight Triangle
No person shall erect or display on any site any sign in such a manner as to
obstruct free and clear vision of moving vehicles at any location, street
intersection, or driveway. All signs placed at any intersection shall prevent such
problem by observing a visibility triangle (see definition of visibility triangle).
D.Interference With Traffic
No sign shall be permitted which interferes with vehicular or pedestrian traffic as
a result of the position, size, shape, movement, color, fashion, manner, or
intensity of illumination, or any other characteristics causing such interference.
No person shall erect or allow to be displayed any sign in such a manner as to
interfere with, obstruct the view of, or be confused with any authorized traffic
sign, signal, or device, including, signs making use of the words ?stop?, ?go?,
?look?, ?slow?, ?danger?, or any other similar word, phrase, symbol or character.
No person shall employ any red, yellow, green, or other colored lamp or light in
such a manner as to cause confusion or otherwise interfere with vehicular or
pedestrian traffic.
E.Over Public Property or Public Right-of-Way
It shall be prohibited to erect or display any type of sign on or over public ROW
or other public property, unless the same is erected by the City, County, State or
other authorized governmental agency, or with the permission of the City (in its
sole discretion), for public purposes.
F.Signs on Utility Poles
No person shall erect or display any sign except as specifically authorized by
section 21.11.5 on any utility pole located upon any public right-of-way or utility
easement.
G.Private Property
No sign shall be located on private property without the consent of the owner of
the premises, including signs located on trees, light poles or mail boxes.
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H.Dilapidated Signs
No sign shall be permitted which is deteriorated, dilapidated or in danger of
falling or otherwise unsafe.
I.Signs In Violation
No sign shall be permitted that does not comply with any applicable provisions of
the building code, this UDC, or any other applicable laws, ordinances, codes or
regulations of the City.
J.Home Occupation Signs
No exterior home occupation signs shall be permitted unless otherwise
specifically authorized in another applicable section of this UDC.
K.Non-Motorized or Portable Signs
No trailer type, non-motorized signs using wheels and axles as the primary
support shall be permitted.
L.Off Premise Signs
Except as set forth elsewhere in this Article, all off premise signs not legally
existing on February 19, 2008 are prohibited except that the following signs may
be permitted provided they otherwise meet the applicable requirements of this
Article:
1.Community Service Signs
2.Garage Sale Signs
3.Official Government Signs
4.Historical Markers and Plaques
5.Political Signs
6.Real Estate Signs
7.Temporary Signs
8.Traffic Signs
M.Bandit Signs
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N.Painted Signs
No sign shall be permitted which is painted on the wall of any building or on any
part of a building.
O.Other Signs
Except as set forth elsewhere in this Article, any signs not specifically permitted
by this Article are prohibited within the City and its ETJ.
Sec. 21.11.7 Removal of Signs
A.Damaged Signs
Signs which are determined by the City Manager or his/her designee to be a
public hazard or in a state of disrepair shall be repaired or removed within ten
(10) days after written notification to the property owner.
B.Abandoned Signs
Signs which are determined by the City Manager or his/her designee to be
abandoned shall be removed or otherwise painted over and neutralized within
thirty (30) days after written notification to the property owner by the Director.
C.Extensions
The City Manager or his/her designee shall have the authority, but not the
obligation, to grant extensions as necessary to resolve a damaged or abandoned
sign. The extension shall be requested in writing and justifiable cause
demonstrated.
D.Signs in Right-of-Way and/or Public Property
Any sign that is erected, constructed, or otherwise located within or upon public
right-of-way or on public property may be removed by City personnel and
disposed of immediately. The City is not required to notify the owner of the sign
of its removal and disposal.
E.Relocation of Certain Detached On-Premise Signs
1.Legal and non-conforming detached on-premise signs located on or
overhanging a parcel of land acquired by a governmental entity may be
relocated subject to the restrictions in this section. The owner of the sign
and the governmental entity must sign an application requesting the
relocation. The relocation must be completed within one (1) year after the
date the governmental entity becomes the owner of the property. All
relocated signs must fully comply with spacing, setbacks, and other
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restrictions in this section. All signs must relocate on the remainder of the
tract from which the parcel of land was acquired unless:
a.There is no remainder; or
b.The remainder is not of sufficient size or suitable configuration to
allow the relocated sign to fully comply with the spacing, setback,
and other restrictions in this section.
2.No relocated detached on-premise sign may have a greater effective area
or increased height than it had at its original location, or contain new
materials that are more than five feet (5?) above grade.
3.No detached on-premise sign may be relocated until demolition and other
required permits have been applied for and approved by the City.
4.No new electrical or mechanical properties may be added to a relocated
detached on-premise sign. (For example, a non-illuminated sign may not
be converted to an illuminated sign.)
F.Illegally Erected Temporary Sign
Any temporary sign that is erected, constructed or otherwise displayed, without a
permit or in direct violation of this Article shall be removed by City personnel and
disposed of immediately. The City is not required to notify the owner of the sign
of its removal and disposal.
G.Illegally Erected Permanent Sign
Any permanent sign installed without a permit or in direct violation of this Article
shall be removed by the owner of the sign or property within ten (10) days after
written notification by the City Manager or his/her designee.
H.Filing of Liens Against the Property
The City is authorized to file a lien against any property which is not otherwise
exempt to recover reasonable expenses incurred by the City for the removal of a
sign or portion of a sign.
I.Appeal
Any decision rendered by the City Manager or his/her designee or other City
personnel in the enforcement of this Article may be appealed to the BOA by any
person, agent, or representative affected by such decision. Such appeal must be in
writing and received within ten (10) days after a decision rendered along with the
established fee.
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Sec. 21.11.8 General Sign Provisions
The provisions of this section shall be applicable to all signs hereafter erected, constructed,
displayed, altered or repaired on any premise under the jurisdiction of the City.
A.Height of Signs
The vertical height of a sign shall be measured from ground level at the base of
the sign to the highest part of the sign or its structure.
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.
C.Location of Business/Residential
All business and residential locations shall be identified by an address, which is
clearly visible from the street.
D.Illumination of Signs
No sign shall be illuminated to such intensity to exceed a maximum of one (1)
footcandle measured at the property line. No lighted sign shall be erected or
displayed within 150 feet of a single-family residential zoned property unless the
lighting is shielded from view.
E.Building and Electrical Codes Applicable
All signs shall be constructed and maintained in conformity with all applicable
provisions of the building code, electrical code or other applicable laws,
ordinances, codes or regulations of the City.
F.Maintenance of Signs
Every sign shall be maintained in good structural condition at all times. All signs
shall be kept neatly painted including all metal parts and supports that are not
galvanized or of rust resistant material. On undeveloped parcels of land, the area
between any sign and the street or highway to which the sign is oriented and the
area within twenty-five feet (25?) of such sign must be kept free and clear of
debris, trash, and weeds or other refuse and shall be maintained by mowing or
trimming of any vegetation.
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G.Structural Sign Elements
The structural elements of permanent signs shall be constructed of materials that
are noncombustible and may be supported by noncombustible materials only and
finished in a presentable manner. Wood or unpainted steel supports are
prohibited. Heavy timber and other materials may be used only if approved by
the Director.
H.Sign Clearance
Notwithstanding any other provisions of this UDC, all signs shall maintain a
clearance of at least ten feet (10?) when located over a public sidewalk and at least
fourteen feet (14?) when located over a driveway and shall extend no closer than
eighteen inches (18?) from the curb line of a public street, unless painted or
mounted flat on the surface of an existing awning or canopy.
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.
Sec. 21.11.9 Wall Signs
A.General
Unless otherwise specifically provided, the regulations set forth in this section
shall be applicable to all wall signs. Wall signs may not be attached to light
fixtures, poles, or trees.
B.Maximum Area
Table 21.11.9
Maximum Area of Wall Signs
Areas with Limited Access 15% of the façade area or 250 square
feet, whichever is less
Areas with Unlimited Access 12% of the façade area or 125 square
feet, whichever is less
All Other Streets 10% of the façade area or 80 square
feet, whichever is less
C.Maximum Number of Signs
The maximum number of signs permitted for single occupancy or single tenant
buildings shall be limited to one (1) per wall with a maximum of three (3) signs.
Each sign in excess of the primary wall sign shall be a maximum seventy-five
percent (75%) of the area of the primary wall sign.
The maximum number of signs permitted for multi-tenant buildings shall be
limited to one (1) per tenant or lease space except for those spaces located on the
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ends of buildings which may have one (1) additional wall sign to be located on
the side wall of the structure and being a maximum of seventy-five percent (75%)
of the area of the primary wall sign. Multi-tenant buildings with the rear of the
building directly adjacent to a public or private street or access drive may have
one (1) additional wall sign located on the rear wall of the structure and being a
maximum of twenty-five percent (25%) of the area of the primary wall sign. In
no case shall the number of wall signs permitted for any single tenant within a
multi-tenant development exceed a maximum of two (2) signs.
D.Roofline Limitations
In no case shall a wall sign project above the roofline of any building nor extend
above the parapet wall if attached thereto. Wall signs shall be no closer vertically
to the eave of the roofline or overhang than the predominant letter height. Wall
signs may be attached to a continuous plane fascia if the sign does not extend
above or below the projection of the fascia. Signs attached to fascia are only
allowed when attached to structural canopy supported to the ground by columns
constructed of similar masonry material as the primary structure.
E.Illumination
Wall signs shall be illuminated utilizing only internal lighting.
F.Projection
Wall signs shall not project farther than eighteen inches (18?) from the building,
excluding signs attached to canopies.
G.Adjacent Residential
Wall signs shall not be located on any façade (other than the main front of the
building) which faces property zoned for single-family residential uses if the sign
is within 150 feet of the property line of said residential property.
Sec. 21.11.10 Freestanding Ground Signs
A.General
Unless otherwise specifically provided, the regulations set forth in this section
shall be applicable to all freestanding ground signs.
B.Minimum Setback
The minimum setback of all freestanding ground signs shall be fifteen feet (15?)
from any property line.
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C.Maximum Height
The maximum height of a freestanding ground sign shall not exceed the
following:
Table 21.11.10A Maximum Height of
Freestanding Ground Signs
Areas with Limited Access 50 ft.
Areas with Unlimited Access 40 ft.
All Other Streets 20 ft.
Exception: Freestanding ground signs located on properties along FM 3009 and
Schertz Parkway shall have a maximum height of eighteen feet (18?).
D.Maximum Area
Freestanding ground signs shall not exceed the following:
Table 21.11.10B
Maximum Area of Freestanding Ground Signs
Areas with Limited Access 250 sq. ft.
Areas with Unlimited Access 100 sq. ft.
All Other Streets 32 sq. ft.
Exception: Freestanding ground signs located on properties along FM 3009 and
Schertz Parkway shall have a maximum of ninety (90) square feet in area.
E.Number of Signs
The maximum number of freestanding ground signs shall be limited to one (1) per
lot per street frontage. Developments consisting of shopping centers or other
multi-tenant type developments shall be required to construct multi-tenant signage
in accordance with section 21.11.12 of this Article except that any primary or
anchor store greater than 50,000 square feet may be allowed one (1) freestanding
sign in accordance with this section.
Sec. 21.11.11 Monument Signs
A.General
Unless otherwise specifically provided, the regulations set forth in this section
shall be applicable to all monument signs that are allowed under this Article.
B.Maximum Height
The maximum height of a monument sign shall be five feet six inches (5? 6?).
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C.Maximum Area
The maximum area of a monument sign shall not exceed fifty (50) square feet.
D.Number of Signs
The maximum number of monument signs shall be limited to one (1) per lot per
street frontage. Developments consisting of shopping centers or other multi-
tenant type developments shall be required to construct multi-tenant signage in
accordance with section 21.11.12.
E.Minimum Setback
The minimum setback of all monument signs shall be fifteen feet (15?) from any
property line.
F.Material Requirements
All monument sign bases shall be constructed of masonry material consisting of
brick, stone or split face concrete block. The monument sign structure must be
constructed or covered with the same masonry material as the principal building
or shall be constructed of brick, stone or split face concrete block. Sculpted
aluminum sign panels will be allowed. All sign text and graphic elements shall be
limited to a minimum of six inches (6?) from the outer limits of the sign structure.
G.Illumination
Monument signs shall only be illuminated utilizing internal lighting for sculpted
aluminum panels or a ground lighting source where the light itself and supporting
sign structure are not visible from public right-of-way.
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.
Sec. 21.11.12 Multi-tenant Signs
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.
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B.Maximum Height
The maximum height of a monument sign within a multi-tenant development
shall not exceed the following:
Table 21.11.12
Maximum Height of Multi-tenant Signs
Areas with Limited Access 20 feet
Areas with Unlimited Access 18 feet
All Other Streets 15 feet
The monument base shall be a minimum of eighteen inches (18?) in height
measured from ground level at the center of the base to the top of the base. The
overall height shall not exceed the maximum heights listed above, including
monument base.
C.Maximum Area
The maximum area of a multi-tenant monument sign shall be equivalent to one
percent (1%) of the gross building square footage within the shopping center with
a maximum of 150 square feet.
D.Maximum Number
The maximum number of multi-tenant monument signs shall be limited to one (1)
per platted lot per street frontage.
E.Monument Sign Design
Each multi-tenant monument sign shall be designed so as to provide adequate sign
spaces for each tenant within the development except for the primary, or anchor
store within the development which shall be prohibited from advertising on the
monument sign. The developer shall be responsible for determining the adequacy
and size necessary to meet the requirements of this section.
F.Minimum Setback
The minimum setback of all multi-tenant monument signs shall be fifteen feet
(15?) from any property line.
G.Material Requirements
All multi-tenant monument signs shall be constructed of masonry material
consisting of brick, stone or split face concrete block which shall be consistent in
nature with the overall theme of the development. Sculpted aluminum sign panels
will be allowed. All sign text and graphic elements shall be limited to a minimum
of six inches (6?) from the outer limits of the sign structure.
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H.Illumination
Monument signs may only be illuminated utilizing internal lighting for sculpted
aluminum panels or a ground lighting source where the light itself and supporting
sign structure are not visible from public right-of-way.
Sec. 21.11.13 Electronic Signs
A.General
Electronic signage shall be permitted in-lieu of any permitted freestanding or
monument signs on a property. In the event that an electronic sign is permitted
for a property, no other additional freestanding or monument sign shall be
permitted.
B.Maximum Height
The maximum height of an electronic sign shall be eighteen feet (18?).
C.Maximum Area
The maximum area of an electronic sign shall not exceed one hundred (100)
square feet with a maximum area per sign face of fifty (50) square feet.
D.Number of Signs
The maximum number of electronic signs shall be limited to one (1) per platted
lot. No other on-premise freestanding signs shall be permitted.
E.Minimum Setback
The minimum setback of all electronic signs shall be fifteen feet (15?) from any
property lines.
F.Material Requirements
All monument sign bases shall be constructed of masonry material consisting of
brick, stone or split face concrete block. The monument sign structure must be
constructed or covered with the same masonry material as the principal building
or shall be constructed of brick, stone or split face concrete block. All sign text
and graphic elements shall be limited to a minimum of six inches (6?) from the
outer limits of the sign structure.
G.Illumination
Electronic signage shall not exceed a maximum of one (1) footcandle illumination
at the property line.
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H.Location Restrictions
No electronic signs shall be permitted within 150 feet of a residentially zoned
property or property used for residential purposes.
I.Additional Restrictions
1.Any change of pictures or information on the electronic sign shall not
produce the illusion of moving objects, expanding or contracting shapes,
rotation or any similar effect of animation.
2.Any change of pictures or information on the message board sign shall not
change more often than once every four (4) seconds.
3.Any sign picture or information shall not have a solid white background
between the time period of thirty (30) minutes after sunset and thirty (30)
minutes before sunrise.
Sec. 21.11.14 Directional Signs
A.General
This section shall be applicable to any on-premise sign that directs the movement
of traffic on private property within developments or warns of obstacles, overhead
clearances, or controls parking.
B.Maximum Height
Directional signs shall have a maximum height of three feet (3?).
C.Maximum Area
Directional signs shall not exceed a maximum area of twelve (12) square feet.
D.Maximum Number
The maximum number of directional signs permitted within a development shall
be based on the square footage of building space constructed within the
development. Directional signs shall be permitted at a rate of one (1) sign for
every 10,000 square feet of building area.
E.Location Restrictions
Directional signs shall be located in a manner where they will not interfere with
the safe movement of vehicles or pedestrians and shall not be located within any
visibility triangle.
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Sec. 21.11.15 Subdivision Entry Signs
A.General
The provisions of this section shall be applicable to all subdivision entry signs
identifying a residential or mixed use development.
B.Maximum Height
Subdivision entry signs shall be monument signs and shall have a maximum
height of six feet (6?) in height.
C.Maximum Area
The maximum area of a subdivision entry sign shall not exceed thirty-two (32)
square feet per sign face.
D.Maximum Number of Signs
No more than one (1) subdivision entry sign shall be permitted at the primary
subdivision entrance. Secondary entrances may have one (1) subdivision entry
sign per entrance which shall be a maximum of seventy-five percent (75%) of the
size of the primary entrance sign.
E.Placement of Sign
A subdivision entry sign may be located on a median at the street entrance if
approved in writing by the Public Works Director.
F.Subdivision Entry Feature
A subdivision entry feature which is appropriate in scale to the size of the
development and incorporating masonry walls, berms and/or decorative fencing in
combination with the subdivision entry sign may be constructed at the primary
subdivision entrance provided, however, that the maximum area containing the
subdivision sign shall not exceed thirty-two square feet (32?) per sign face.
Sec. 21.11.16 Price-Per-Gallon Display
A.General
All price-per-gallon displays must be an integral part of the general permitted sign
for the site. Displays, whether electronic or manual, shall not scroll or flash.
B.Minimum Letter Height
The minimum height allowed for price-per-gallon display signs shall be six (6?)
inches for the fuel classification (i.e. ?unleaded?, ?diesel?, etc.).
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C.Maximum Area
Price-per-gallon displays shall not exceed two-thirds (2/3) of the permitted gross
surface area per face of the general permitted sign.
D.Number of Signs
Only one (1) price-per-gallon sign shall be permitted per site.
E.Illumination
Only internal illumination may be utilized for fuel classification and price-per-
gallon signs.
Sec. 21.11.17 Temporary Signs
A.General
Notwithstanding any other provisions of this Article, this section shall be
applicable to all temporary signs identified in this Article.
B.Maximum Area
The maximum area permitted for temporary signs shall not exceed the following:
Table 21.11.17A
Maximum Area of Temporary Signs
Areas with Limited Access 32 sq. ft. per face or 10% of the
building façade, whichever is less
Areas with Unlimited Access 24 sq. ft. per face or 7% of the building
façade, whichever is less
All Other Streets 16 sq. ft. per face or 5% of the building
façade, whichever is less
C.Maximum Height
The maximum height permitted for temporary signs shall not exceed the
following:
Table 21.11.17B
Maximum Height of Temporary Signs
Areas with Limited Access 6 feet
Areas with Unlimited Access 4 feet
All Other Streets 3 feet
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D.Minimum Setback
The minimum setback for all temporary signs shall be fifteen feet (15?) from any
property line.
E.Time Limitations
Temporary freestanding signs shall be permitted for a maximum of 180 days per
calendar year. No additional temporary sign permit shall be issued for the same
property or business for a period of fourteen (14) days after the expiration of the
previous permit. There shall be no limit to the number of temporary sign permits
that may be issued for a particular property or business. The cumulative total
number of days for which all temporary sign permits issued for a property or
business shall not exceed 180 calendar days.
F.Number of Signs
No more than two (2) types of temporary signs shall be permitted per business or
tenant at any given time.
Sec. 21.11.18 Development Signs
A.Maximum Area
Development signs shall not exceed thirty-two (32) square feet.
B.Maximum Height
Development signs shall not exceed six feet (6?) in height.
C.Number of Signs
Each development shall be permitted no more than one (1) sign per commercial
development, or one (1) sign per entry of a residential subdivision not to exceed
two (2) signs.
D.Duration
Development signs shall be installed at any time after the issuance of the building
permit for a commercial development or after approval of the final plat for a
residential subdivision. The development sign must be removed within six (6)
months or upon the issuance of a certificate of occupancy for commercial
developments, and upon three (3) years or seventy-five percent (75%) of
development of a residential subdivision, whichever is less.
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Sec. 21.11.19 Real Estate Signs
A.Applicability
Real estate signs meeting the requirements of this section shall be exempt from
the permitting requirements of this Article.
B.Maximum Height
The maximum height for commercial real estate signs shall not exceed five (5?)
feet for freestanding ground signs and must be below the roof line for wall signs.
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.
D.Maximum Number of Signs
The maximum number of real estate signs shall be limited to one (1) per lot per
street frontage.
Sec. 21.11.20 Banners over Public Rights-of-Way
A.General
Banners may be erected over public rights-of-way within the City with the
approval of the City Manager or his/her designee. The applicant shall be
responsible for securing any and all necessary permits to erect a banner over a
TxDOT right-of-way and shall provide such information to the City with the
application for a banner permit.
B.Restrictions
Banners over public rights-of-way shall be permitted only for non-commercial or
charitable events that are of general interest to the community as a whole and
shall be restricted to non-profit or governmental entities.
C.Responsibility
The applicant shall be responsible for the erection of any banner over public
rights-of-way. The banner shall be inspected by the City to ensure the banner is
adequately secured. The applicant shall be responsible for removal of any banner
erected over public rights-of-way.
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D.Maximum Banner Size
The maximum area of a banner shall not exceed 144 square feet. The standard
banner size shall be four feet (4?) wide by thirty-six feet (36?) long. Variations to
the standard banner size may be approved by the City Manager or his/her
designee when differing variations are necessary to contain the entire message
within the banner. In no case shall the area exceed the maximum area identified
in this section.
Sec. 21.11.21 Nonconforming Signs
A.General
A sign, including its supporting structure, shall be considered nonconforming
when it does not conform to all or part of the provisions of this Article and
1.was in existence and lawfully located prior to the adoption of this Article;
2.was in existence and lawfully located and used in accordance with the
provisions of the prior law, ordinance, code or regulation applicable
thereto or which was considered legally nonconforming there under and
has since been in continuous or regular use;
3.was in existence, located and used on the premises at the time it was
annexed into the City and has since been in continuous use; or
4.was in existence and lawfully located and used as an off-premise sign
prior to or on February 19, 2008.
B.Registration
Except as to signs constructed before September 1, 2006, it shall be unlawful for
any person to maintain any nonconforming or off-premise sign within the
corporate limits of the City or its ETJ without having a valid registration number
affixed thereto as required in this section as follows:
1.Application
To register a nonconforming sign or off-premise sign, application shall be
made to the City Manager or his/her designee on forms provided for that
purpose. The application shall be accompanied by the payment of the
established fees and shall contain the name and address of the owner of
the sign, the exact location of the sign, the date of placement, and any
other information reasonably required by the City Manager or his/her
designee.
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2.Issuance of Registration Number
If the City Manager or his/her designee determines that the nonconforming
or off-premise sign is a lawfully nonconforming or off-premise sign,
he/she shall issue a registration number to the applicant. The owner of the
sign shall cause the registration number to be affixed in a conspicuous
place on the registered nonconforming or off-premise sign.
3.Invalidation of Registration
The City Manager or his/her designee shall invalidate any registration for
a nonconforming or off-premise sign when:
a.it is removed from the premises for any reason;
b.it has been damaged or destroyed so as to lose its nonconforming
sign status as provided in this Article;
c.it has become an abandoned sign.
Sec. 21.11.22 Licenses
A.Licenses Required
1.Required
It shall be unlawful for any person to erect, construct, place, locate,
reconstruct, repair, replace or service any sign for compensation without
first obtaining a license to do such work from the City Manager or his/her
designee.
2.License
a.It is unlawful for any person to perform construction work subject
to this Article unless the person is licensed as a sign contractor or
is exempt under b below.
b.A maintenance person who performs work upon a property with
more than one property owner is deemed to be performing work
for the general public and shall be licensed as a sign contractor.
B.It is unlawful for any person to:
1.display or cause a permit to be displayed or to have in one?s possession
any license for doing any construction work, knowing it to be fictitious or
to have been canceled, suspended or altered;
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2.lend or permit the use of any license for doing any construction work to
any person not entitled to it;
3.fail or refuse to surrender to the City Manager or his/her designee any
license for any construction work that has been suspended or canceled;
4.apply for or have in one?s possession more than one current City
construction license of the same type;
5.use a false or fictitious name or address in any application for any license
or permit provided for in this Article or any renewal or duplicate, or make
a false statement or conceal a material fact or otherwise commit fraud in
making any application;
6.perform any construction work in the City or its ETJ for which a license is
required without having the license or while the license is suspended,
expired or canceled;
7.perform any construction work for which a permit is required without
having the permit or after the permit has been suspended, canceled or
expired;
8.fail or refuse to make the necessary repairs or changes as provided in a
written notice issued by the City Manager or his/her designee. A separate
offense is deemed to be committed each day after the expiration of the
time for correction provided in the notice until the work is corrected; or
9.place or leave a property in such condition that it injures or endangers
persons or property.
C.Insurance Required
It is the duty of all sign contractors who practice their craft within the City to
show proof of general commercial liability insurance. A current copy of the
insurance must be maintained on file with the Building Inspections Division of
the City or the sign contractor?s license may be revoked. The insurance shall
include a minimum of:
1.$300,000 per occurrence (combined for property damage and bodily
injury);
2.$600,000 aggregated (total amount the policy will pay for property
damage and bodily injury coverage); and
3.$300,000 aggregate for products and completed operation.
A licensed applicant or licensee shall file with the Building Inspections Division a
completed certificate of insurance when applying for an initial license, when
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changing a business name, or upon request by the City Manager or his/her
designee.
D.The City Manager or his/her designee, within 30 days after the receipt of the
completed application, shall issue the license or give a written refusal setting out
the reasons for refusal.
1.Application
A written application for a sign contractor?s license will be submitted to
the Building Inspections Division on a form prescribed by the City along
with the required initial fee and evidence of two (2) years experience to
include the following:
a.required initial fee (as established by City Council);
b.renewal fee (as established by City Council);
c.completed application;
d.reference from one (1) financial institution;
e.reference from two (2) suppliers; and
f.reference from three (3) customers with work performed within the
last two (2) years.
2.Renewal
All renewals shall be due January 1st of each year. Failure to renew within thirty
(30) days after the renewal date shall require the applicant to reapply for license at
the initial fee rate.
3.Revocation
Any license issued under this section may be suspended or revoked by the City
Manager or his/her designee for the following:
a.The City Manager or his/her designee may suspend the license of a
person who has been convicted two (2) times within a one-year (1)
period of any violation of this Article or other laws, ordinances,
codes or regulations applicable hereto.
b.If the City Manager or his/her designee decides to suspend a sign
contractor?s license, the Director shall notify the licensee of the
suspension by first class mail to the licensee?s last address on
record, or by hand delivery to the licensee. Notice by mail will be
deemed received three (3) days after posting.
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c.The licensee may appeal a suspension decision to the BOA by
filing a written request within ten (10) days after receiving notice
of the suspension. The BOA shall hold a hearing to determine
whether the suspension decision should be sustained or reversed.
d.If a licensee?s license has been suspended twice in a three (3) year
period, and the licensee then commits another violation under this
Article or other laws, ordinances, codes and regulations applicable
hereto, the City Manager or his/her designee shall notify the BOA.
The BOA shall then hold a hearing to consider cancellation of the
license.
e.Enforcement actions taken under this section are not exclusive and
do not affect any other remedies for violations of this Article or
other applicable laws, ordinances, codes and regulations.
4.Appeal
A person, whose license has been denied or revoked, may appeal in writing along
with the filing fee then in effect to the BOA within ten (10) days.
5.Electrical License
It shall be unlawful for any person to install and connect electrical systems for a
sign within the City and its ETJ without first obtaining a license to do so from the
Texas Department of Licensing and Regulation (TDLR) for such work. A sign
contractor may subcontract the electrical portion of a project to someone licensed
by TDLR. Someone so licensed shall obtain all electrical permits to do such work.
6.Electrical License Registration
Electrical contractors shall register with the City?s Inspection Department as
follows:
a.Registration of Company
Each electrical company shall register with the Inspection
Department and shall provide a copy of general liability insurance
in the amount established by the Texas Department of Licensing
and Regulation (TDLR) for electrical contractors.
b.Application
A written application to register an electrical company, along with
the established filing fee, shall be submitted to the Director on a
form prescribed by the City.
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c.Renewal
All registered electrical companies shall renew their registrations
annually. All renewals shall be due March 1st of each year.
Exception: Licensed sign contractors who hold an electrical license issued by
TDLR and who submit a copy of such license with their application, and do not
work as an independent electrical company, shall not be required to register as an
electrical company.
Sec. 21.11.23 Violations
A.Unlawful Acts
It shall be unlawful for any person, firm or corporation to erect, construct, alter,
extend, repair, move, remove, or demolish a sign regulated by this Article, or
cause the same to be done in conflict with or in violation of any of the provisions
of this Article.
B.Notice of Violation
The City Manager or his/her designee is authorized to serve a notice of violation
or order on the person responsible for the erection, construction, alteration,
extension, repair, moving, removing or demolition of a sign in violation of the
provisions of this Article or in violation of a permit issued under the provisions of
this Article. Such order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation.
End of Article 11
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Article 12Subdivisions
Sec. 21.12.1 Purpose and Applicability
A.It is the purpose of this Article to promote sound planning in the subdivision of
land, and to provide consistent rules, which protect the public health, safety, and
welfare while allowing the legal platting of land. The regulations herein have
been made after careful study of existing local conditions and the desirable future
development of the City. It is not the desire or the intent of the City to regiment
the design of subdivisions of property and its environs, but rather to recommend
the utilization, to the fullest extent possible, of good, sound, modern subdivision
planning principles.
B.It is intended that as much freedom as possible be allowed the individual owners
and subdividers in the design and ultimate development of new subdivisions so
that they will contribute innovation, individuality, and character to the
community?s new residential neighborhoods, commercial developments, and
industrial districts. At the same time, these rules are intended to assure that such
development provides for:
1.sufficient, adequate major and secondary traffic thoroughfares and public
facilities;
2.minimum standards for facilities;
3.a consistent and equitable pattern of development among neighboring
parcels of land; and
4.consistency with the City?s Comprehensive Land Plan, Master
Thoroughfare Plan, Parks and Open Space Master Plan, and other adopted
plans.
C.The regulations contained within this Article are adopted under the authority of
the Constitution and laws of the State of Texas, including particularly LGC
Chapter 42, Chapter 212, and Chapter 242. Pursuant to the authority herein
granted, the City Council extends to all of the area within its City limits and its
ETJ, the application of all of the terms and provisions in this Article establishing
rules and regulations governing plats and subdivisions of land.
Sec. 21.12.2 General Provisions
A.The owner of a tract of land located within the City limits or in the ETJ of the
City who divides the tract in two (2) or more parts to lay out a subdivision of the
tract, including an addition to the City, to lay out suburban, building, or other lots,
or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be
dedicated to public use or for the use of purchasers or owners of lots fronting on
or adjacent to the streets, alleys, squares parks or other parts must have a plat of
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the subdivision prepared. A division of a tract under this section includes a
division regardless of whether it is made by using a metes and bounds description
in a deed of conveyance or in a contract for a deed, by using a contract of sale or
other executory contract to convey, or by using any other method.
B.No person shall create a subdivision of land within the City or within its ETJ
without complying with the provisions of this Article, and all plats and
subdivisions of any such land shall conform to the rules and regulations set forth
in this Article.
C.In addition to any other remedy provided by law, the City and its officers shall
have the right to enjoin any violation of this UDC by injunction issued by a court
of common jurisdiction.
D.All land subdivided or platted into lots, blocks and streets within the City or
within its ETJ, as provided by State law, shall comply in full with the
requirements of this UDC. No plat shall be filed in the office of the County Clerk
for a tract within the City or its ETJ unless it is approved by the Planning and
Zoning Commission or the City Manager or his/her designee, as applicable.
E.The City has requested each County in which the City is located not to issue a
permit for the installation of septic tanks on any lot in a subdivision for which a
final plat has not been approved and filed for record, or any lot in a subdivision in
which the standards contained herein or referred to herein have not been complied
with in full.
F.No permit shall be issued for any structure on a lot in a subdivision for which a
final plat has not been approved and filed for record, nor for any structure on a lot
within a subdivision in which the standards contained herein have not been
complied with in full.
G.The City shall not authorize any person nor shall the City itself repair, maintain,
install or provide any streets or public utility services in any subdivision for which
a final plat has not been approved and filed for record, nor in which the standards
contained herein or referred to herein have not been complied with in full.
H.The City shall not authorize any person nor shall the City itself sell or supply any
water or sewer service within a subdivision for which a final plat has not been
approved or filed for record, nor in which the standards contained herein or
referred to herein have not been complied with in full.
I.Disapproval of a plat by the Planning and Zoning Commission shall be deemed a
refusal by the City to accept the offered dedications shown thereon. Approval of
a plat shall not impose any duty upon the City concerning the maintenance or
improvement of any such dedicated parts until the proper authorities of the City
have actually appropriated the same by entry, use, or improvement. Any such
dedication, before or after actual appropriation may be vacated by the City in any
manner provided by law.
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J.On behalf of the City, the City Attorney shall, when directed by the City Council,
institute appropriate action in a court of competent jurisdiction to enforce the
provisions of this UDC or the standards referred to herein with respect to any
violation thereof which occurs within any area subject to all or part of the
provisions of this UDC.
K.In addition thereto, any abutting owner or lessee or other person prejudicially
affected by the violation of the terms of this UDC may resort to any court of
competent jurisdiction for any writ or writs, or to obtain such relief, either in law
or equity, as may be deemed advisable in these premises.
L.If any subdivision exists for which a final plat has not been approved or in which
the standards contained herein or referred to herein have not been complied with
in full, the City Council shall take appropriate action reciting the fact of such
noncompliance of failure to secure final plat approval. Reciting the fact of such
noncompliance or failure to secure the final plat approval, and reciting the fact
that the provisions of sections 21.12.2.G through 21.12.2.K of this Article will
apply to the subdivision and lots herein, the City Secretary shall, when directed by
the City Council, cause certified copy of such action under the seal of the City to
be filed in the Deed Records of the county or counties in which such subdivision
or part thereof lies. If full compliance and final plat approval are secured after the
filing of such action, the City Secretary shall forthwith file an instrument in the
Deed Records of such county or counties stating that sections 21.12.2.B through
21.12.2.K no longer apply.
M.The provisions of this Article shall not be construed to prohibit the issuance of
permits for any lots upon which a residential building exists and was in existence
prior to passage of this UDC nor to prohibit the repair, maintenance, or
installation of any street or public utility services for, to or abutting any lot, the
last recorded conveyance of which prior to passage of this UDC was by metes and
bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which
subdivision was in existence prior to the passage of this UDC.
Sec. 21.12.3 Pre-Application Conference
Prior to the official filing of an application for approval of a plat or plan for a subdivision, the
subdivider, at his/her option, may consult with and present a proposed plan for the subdivision to
the City Manager or his/her designee for comments and advice on the procedures, specifications,
and standards required by the City for the subdivision of land. At such a meeting the City Staff
will be able to make any suggestions that would direct the proposed subdivision toward desirable
objectives and possibly prevent unnecessary work and expense if objectives are not met. This
step does not require formal application or fee. No vesting shall occur under this Article in
accordance with section 21.1.6.
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Sec. 21.12.4 Application Required
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.
Sec. 21.12.5 Subdivision Master Plan
A.General
Where required by section 21.12.6, a Subdivision Master Plan shall be prepared
and submitted in accordance with this Article.
B.Submittal Requirements for Subdivision Master Plan
An application for a Subdivision Master Plan shall include the following
information and documents:
1.Completeness Requirements
a.appropriate fees;
b.application signed and notarized by owner;
c.agent authorization letter;
d.legal metes and bounds description;
e.subdivision Master Plan checklist;
f.traffic Impact Analysis Determination form;
g.15 folded black line or blue line copies at 18?X24? or 24?X36?;
h.one (1) folded 11?X17? reduction of exhibit;
i.one (1) CD containing a digital copy of the plan in PDF format;
and
j.completed application for street name approval acknowledged by
Bexar Metro 911, the United States Postal Service, and the
applicable County Clerk?s Office.
2.Technical Requirements
a.location/vicinity map with north arrow;
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b.title block located in lower right corner including subdivision
name, acreage, survey name and abstract number, City, County
and preparation date;
c.legend, if abbreviations or symbols are used;
d.name, address and phone number of owner, developer, applicant,
and surveyor;
e.north arrow;
f.graphic and written scale (minimum 1?=100?);
g.surveyed property boundaries with bearings and distances;
h.legal metes and bounds description with calls matching boundary
dimensions and distances;
i.lot dimensions;
j.location of significant natural features, including floodplains, water
courses and wooded areas;
k.location of significant manmade features, including railroads,
buildings, utilities, or physical features;
l.for residential subdivisions, a minimum of two (2) points of public
access to existing public streets;
m.right-of-way dedications or reservations;
n.location of existing and proposed Federal Emergency Management
Agency (FEMA) 100-year floodplain limits with elevations;
o.existing and proposed topography at five foot (5?) contour intervals
including drainage channels and creeks;
p.outline of all property offered to be dedicated to the City for
parkland dedication;
q.outline of all property to be maintained as private parkland;
r.land use, zoning, subdivision name, owner name and address, and
recording information for all adjacent properties;
s.schematic layout of tract to be subdivided, any remainder tract, and
relationship of proposed subdivision to adjacent properties and
existing adjoining development;
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t.designation of each phase of development, the order of
development, and a schedule for the development of each phase;
u.table indicating the phasing, acreage, land uses, zoning, and
anticipated dwelling units for each phase;
v.arterial, collector, and local street layout;
w.provision for water, wastewater and storm drainage facilities to
serve the development;
x.any additional information as requested to clarify the proposed
development;
y.provide the following notes:
i.?The thoroughfare alignments shown on this exhibit are for
illustration purposes and do not set the alignment.
Alignment is determined at time of final plat?;
ii.?According to Flood Insurance Rate Map, Panel
__________, dated _________, a 100-year floodplain
{does or does not} exist on this site?;
iii.?All private open space, common areas, greenbelts,
drainage easement etc. are the responsibility of the
developer or its successors and/or assigns?; and
iv.State any and all waivers requested for the master plan; and
z.provide the following acknowledgement and certificate:
?This Master Plan of the _____________________________
development has been submitted to and considered by the Planning
and Zoning Commission of the City of Schertz, Texas and is
hereby approved by such Commission.
Dated this _____ day of _____________________, 20___
By: Chairperson ____________________________
Secretary ____________________________?
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Sec. 21.12.6 Subdivision Master Plan Process
A.Applicability
1.The provisions of this section are authorized under LGC Chapter 212 and
shall be applicable to all areas within the City limits and throughout the
City?s ETJ. A Subdivision Master Plan is required to provide for review
of certain developments for compliance with the Comprehensive Land
Plan, this UDC, any additional adopted plans (i.e. Water, Wastewater,
Transportation, Drainage), the compatibility of land uses and the
coordination of improvements within and among individual parcels of
land or phases of development prior to approval of a preliminary or final
plat.
2.A Subdivision Master Plan is required for any development meeting the
following criteria:
a.the property is undeveloped, is under one (1) ownership, and is
greater than fifty (50) acres in size;
b.the proposed subdivision of land is to occur in phases;
c.the proposed subdivision will require off-site road, drainage or
utility connections or improvements that will have a substantial
impact or effect on other properties or developments; or
d.the property is part of a Development Agreement under section
21.4.10.
3.If a preliminary plat encompasses the entire development, a Subdivision
Master Plan will not be required.
B.Application Requirements
1.Application Required
Any request for a Subdivision Master Plan shall be accompanied by an
application prepared in accordance with the Development Services
Department Development Manual.
2.Accompanying Applications
An application for a Subdivision Master Plan may be accompanied by an
application for a preliminary plat for the first phase of development.
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C.Processing of Application and Decision
1.Submittal
An application for a Subdivision Master Plan shall be submitted to the
City Manager or his/her designee. The City Manager or his/her designee
shall review the application for completeness in accordance with section
21.4.2. The City Manager or his/her designee shall forward a copy of the
proposed plan to other appropriate departments for review and
recommendation. The City Manager or his/her designee shall notify the
applicant of items requiring correction or attention before providing a
recommendation on the application. After appropriate review, the City
Manager or his/her designee shall forward a written recommendation to
the Planning and Zoning Commission for consideration.
2.Recommendation by the Parks and Recreation Advisory Board
Prior to consideration by the Planning and Zoning Commission, the
Subdivision Master Plan shall be reviewed by the Director of Parks,
Recreation and Community Services for consistency with the Parks and
Open Space Master Plan and any other applicable plans of the City. The
Parks and Recreation Advisory Board shall provide a written
recommendation to the Planning and Zoning Commission with respect to
the acceptability of any area proposed for dedication as public parkland.
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 on an appeal within thirty (30) days after the
date of the Planning and Zoning Commission?s action.
4.Acceptance of Subdivision Master Plan
Approval of a Subdivision Master Plan by the Planning and Zoning
Commission shall be deemed as an expression of the approval of the
layout submitted on the master plan as a guide to the final design of
streets, water, sewer and other required improvements and utilities and to
the preparation of a preliminary plat in accordance with the requirements
of this UDC.
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D.Criteria for Approval
The Planning and Zoning Commission, in considering final action on a
Subdivision Master Plan, should consider the following criteria:
1.the Subdivision Master Plan is consistent with all zoning requirements for
the property or any development regulations approved as part of a
Development Agreement;
2.the proposed provision and configuration of roads, water, wastewater,
drainage and park facilities are adequate to serve each phase of the
subdivision;
3.the schedule of development is feasible and prudent and assures that the
proposed development will progress to completion within the time limits
proposed;
4.if the land lies within a Planned Development (PDD) zoning district or is
part of an approved Development Agreement, the proposed Subdivision
Master Plan conforms to the PDD district regulations and is consistent
with the incorporated Conceptual Plan or any development regulations
contained in the approved Development Agreement; and
5.the location, size and sequence of the phases of development proposed
assures orderly and efficient development of the land subject to the plan.
E.Expiration and Extension
1.Expiration
The approval of a Subdivision Master Plan shall remain in effect for a
period of two (2) years after the date the application was approved or
conditionally approved by the Planning and Zoning Commission, during
which period the applicant shall submit and receive approval for a
preliminary plat for any portion of the land subject to the Subdivision
Master Plan. If a preliminary plat has not been approved within the two
(2) year period, the Subdivision Master Plan approval, unless extended,
shall expire and the plan shall be null and void.
2.Extension
At the request of the property owners or their representative, the expiration
date for approval of a Subdivision Master Plan may be extended by the
Planning and Zoning Commission for a period not to exceed one (1) year.
A Subdivision Master Plan is not subject to reinstatement following
expiration.
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F.Revisions Following Approval of Subdivision Master Plan
1.Minor Changes
Minor changes in the design of the subdivision subject to a Subdivision
Master Plan may be incorporated in an application for approval of a
Preliminary Plat without the necessity of filing a new application for
approval of a Subdivision Master Plan. Minor changes shall include
adjustment in street or alley alignments, lengths, and paving details, and
adjustment of lot lines that do not result in creation of additional lots,
provided that such changes are consistent with any approved prior
applications.
2.Amendments
All other proposed changes to the design of the subdivision subject to an
approved Subdivision Master Plan shall be deemed major amendments
that require submittal and approval of a new application for approval of a
revised Subdivision Master Plan before approval of a Preliminary Plat.
Sec. 21.12.7 Preliminary Plat
A.General
Where required by section 21.12.8, a Preliminary Plat shall be prepared and
submitted in accordance with this Article.
B.Submittal Requirements for Preliminary Plat
An application for a preliminary plat shall include the information required by the
Development Services Department Development Manual.
Sec. 21.12.8 Preliminary Plat Process
A.Applicability
1.The provisions of this section are authorized under LGC Chapter 212 and
shall be applicable to all areas within the City?s limits and throughout the
City?s ETJ. A Preliminary Plat is required to determine the general layout
of the subdivision, the adequacy of public facilities needed to serve the
intended development and the overall compliance of the land division with
applicable requirements of this UDC.
2.A Preliminary Plat may be submitted for any phase of development
consistent with an approved Subdivision Master Plan. Where a
Subdivision Master Plan is not required and the area to be platted is part of
a larger tract of land, the preliminary plat must encompass the entire tract
of land under ownership of the subdivider and shall provide a preliminary
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layout of streets, lots, blocks, utilities and drainage for the larger tract. A
final plat may be submitted for individual lots to be platted out of the
larger parcel.
B.Application Requirements
1.Application Required
Any request for a preliminary plat shall be accompanied by an application
prepared in accordance with the Development Services Department
Development Manual.
2.Accompanying Applications
An application for a preliminary plat may be accompanied by an
application for a Master Plan for the entire area to be platted or for any
portion of the proposed preliminary plat.
C.Processing of Application and Decision
1.Submittal
An application for a preliminary plat shall be submitted to the City
Manager or his/her designee. The City Manager or his/her designee shall
review the application for completeness in accordance with section 21.4.2.
The City Manager or his/her designee shall forward a copy of the plat to
other appropriate departments for review and recommendation. The City
Manager or his/her designee shall notify the applicant of items requiring
correction or attention before providing a recommendation on the
application. After appropriate review, the City Manager or his/her
designee shall forward a written recommendation to the Planning and
Zoning Commission for consideration.
2.Decision by the Planning and Zoning Commission
The Planning and Zoning Commission shall receive the written
recommendation of the City Manager or his/her designee and shall
consider the proposed preliminary plat. The Planning and Zoning
Commission shall act on the plat within thirty (30) days after the date a
complete application is filed. The Planning and Zoning Commission must
approve a preliminary plat that is required to be prepared in accordance
with this section and that satisfies all applicable regulations of this UDC.
The Planning and Zoning Commission may vote to approve with
conditions or deny a preliminary plat that does not satisfy all applicable
regulations of this UDC. The applicant may appeal the decision of the
Planning and Zoning Commission to the City Council for consideration.
The City Council shall act on an appeal within thirty (30) days after the
date of the Planning and Zoning Commission?s action.
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3.Acceptance of Preliminary Plat
Approval of a preliminary plat by the Planning and Zoning Commission
shall be deemed as an expression of the approval of the layout submitted
on the plat as a guide to the final design of streets, water, sewer and other
required improvements and utilities and to the preparation of a final plat in
accordance with the requirements of this UDC.
D.Criteria for Approval
The Planning and Zoning Commission, in considering final action on a
Preliminary Plat, should consider the following criteria:
1.the plat is consistent with all zoning requirements for the property or any
approved Development Agreement;
2.the plat conforms to the general layout of the Subdivision Master Plan (if
applicable) and is consistent with the phasing plan approved therein;
3.the proposed provision and configuration of roads, water, wastewater,
drainage and park facilities conform to the master facilities plans for the
facilities, including without limitation the water facilities, wastewater
facilities, transportation, drainage and other master facilities plans; and
4.the proposed provision and configuration of roads, water, wastewater,
drainage and park facilities, and easements and rights-of-way are adequate
to serve the subdivision.
E.Expiration and Extension
1.Expiration
The approval of a preliminary plat shall remain in effect for a period of
two (2) years after the date the application was approved or conditionally
approved by the Planning and Zoning Commission, during which period
the applicant shall submit and receive approval for a final plat for any
portion of the land subject to the preliminary plat. If a final plat has not
been approved within the two (2) year period, the preliminary plat
approval, unless extended, shall expire and the plat shall be null and void.
2.Extension
At the request of the property owners or their representative, the expiration
date for approval of a preliminary plat may be extended by the Planning
and Zoning Commission for a period not to exceed six (6) months. A
preliminary plat is not subject to reinstatement following expiration.
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F.Revisions Following Approval of Preliminary Plat
1.Minor Changes
Minor changes in the design of the subdivision subject to a Preliminary
Plat may be incorporated in an application for approval of a Final Plat
without the necessity of filing a new application for approval of a
Preliminary Plat. Minor changes shall include a revision to plat notes, a
revision to street or alley lengths, paving details, scrivener?s errors,
adjustment of lot lines that do not result in the increase or creation of
additional lots or additional acreage, or changes or clarifications to
easements, provided that such changes are consistent with any approved
prior applications.
2.Major changes include the reconfiguration of street or alley alignments,
the addition of streets or alleys, an increase in the number of lots or
acreage, the addition or revision of a unit previously approved by the
Preliminary Plat, any change to the open space dedication requirement,
changes to drainage, changes to flood plain data, and any other changes
that may not be included herein as determined by the Planning
Department. Major changes shall require submittal of a revised Master
Plan and Preliminary Plat.
3.Amendments
All other proposed changes to the design of the subdivision subject to an
approved Preliminary Plat shall be deemed major amendments that require
submittal and approval of a new application for approval of a Preliminary
Plat before approval of a Final Plat. Approval of major revisions to an
approved Preliminary Plat shall occur prior to the date any approved
Subdivision Master Plan would have expired for the same land.
Sec. 21.12.9 Final Plat
A.General
Where required by section 21.12.10, a Final Plat shall be prepared and submitted
in accordance with this Article.
B.Submittal Requirements for Final Plat
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An application for a final plat shall include the information required by the
Development Services Department Development Manual.
Sec. 21.12.10 Final Plat Process
A.Applicability
1.The provisions of this section are authorized under LGC Chapter 212 and
shall be applicable to all areas within the City?s limits and throughout the
City?s ETJ. A Final Plat is required to assure that the division or
development of the land subject to the plat is consistent with all standards
of this UDC pertaining to the adequacy of public facilities, that public
improvements to serve the subdivision or development have been installed
and accepted by the City or that provision for such installation has been
made, that all other requirements and conditions have been satisfied or
provided for to allow the plat to be recorded, and to assure that the
subdivision or development meets all other standards of this UDC to
enable initiation of site preparation activities for any lot or tract subject to
the plat. Approval of a Final Plat shall be required prior to any non-
exempt division of land and prior to any site preparation activities for a lot
or tract of land that requires installation of public improvements on or
adjacent thereto.
2.A Final Plat may be submitted for any phase of development consistent
with an approved Preliminary Plat.
B.Application Requirements
1.Application Required
Any request for a final plat shall be accompanied by an application
prepared in accordance with the Development Services Department
Development Manual.
2.Accompanying Applications
An application for a final plat shall be accompanied by a letter of approval
from the City Engineer and/or the Director of Public Works approving the
public infrastructure improvement construction plans showing details of
streets, alleys, culverts, bridges, storm sewers, water mains, sanitary
sewers and other engineering details of the proposed subdivision. Such
plans shall be prepared by a registered professional engineer and shall
conform to the standard specifications established by the City. Approval
of any public infrastructure improvement plans is required prior to final
plat application.
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C.Processing of Application and Decision
1.Submittal
An application for a final plat shall be submitted to the City Manager or
his/her designee. The City Manager or his/her designee shall review the
application for completeness in accordance with section 21.4.2. The City
Manager or his/her designee shall forward a copy of the plat to other
appropriate departments for review and recommendation. The City
Manager or his/her designee shall notify the applicant of items requiring
correction or attention before providing a recommendation on the
application. After appropriate review, the City Manager or his/her
designee shall forward a written recommendation to the Planning and
Zoning Commission for consideration.
2.Decision by the Planning and Zoning Commission
The Planning and Zoning Commission shall receive the written
recommendation of the City Manager or his/her designee and shall
consider the proposed final plat.The Planning and Zoning Commission
shall act on the plat within thirty (30) days after the date a complete
application is filed. The Planning and Zoning Commission must approve
a final plat that is required to be prepared in accordance with this section
and that satisfies all applicable regulations of this UDC. The Planning and
Zoning Commission may vote to approve with conditions or deny a final
plat that does not satisfy all applicable regulations of this UDC. The
applicant may appeal the decision of the Planning and Zoning
Commission to the City Council for consideration. The City Council shall
act on an appeal within thirty (30) days after the date of the Planning and
Zoning Commission?s action.
D.Criteria for Approval
The Planning and Zoning Commission, in considering final action on a Final Plat,
should consider the following criteria:
1.the Final Plat conforms to the approved Preliminary Plat, except for minor
changes that may be approved without the necessity of revising the
approved Preliminary Plat; and
2.the final layout of the subdivision or development meets all standards for
adequacy of public facilities contained in this UDC;
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E.Expiration and Extension
1.Expiration
The approval of a final plat shall remain in effect for a period of two (2)
years after the date the application was approved or conditionally
approved by the Planning and Zoning Commission, during which period
the applicant shall submit any required revisions for approval and
recordation of the plat. If the final plat has not been recorded within the
two (2) year period, the final plat approval, unless extended, shall expire
and the plat shall be null and void.
2.Extension
At the request of the property owner or their representative, the expiration
date for approval of a final plat may be extended by the Planning and
Zoning Commission for a period not to exceed six (6) months. A final
plat is not subject to reinstatement following expiration.
F.Revisions to Final Plat
1.Approved Final Plat
An applicant may make minor changes to an approved Final Plat to reflect
changes arising from installation of public improvements thereafter,
provided that the approved Final Plat has not been recorded and that
approval of the revised Final Plat occurs prior to expiration of approval of
the initial Final Plat application. The City Manager or his/her designee is
authorized to approve minor changes to an approved Final Plat. If the
approved Final Plat has been recorded, an amending plat or replat must be
approved and recorded.
2.Conditionally Approved or Denied Plat
Following conditional approval or denial of a Final Plat application, the
applicant may submit a revised Final Plat application, together with any
revised public infrastructure improvement construction plans, for
approval. The City Manager or his/her designee is authorized to approve
revisions required for conditional approval of the final plat. Revisions to a
plat which was denied shall be approved by the Planning and Zoning
Commission. Approval of a revised plat is required prior to the original
expiration date of any approved Preliminary Plat for the same land.
a.Filing of security in-lieu of completing construction shall be in
accordance with section 21.4.15. Where public infrastructure
improvements have been installed prior to recording of the plat, the
property owner shall submit a maintenance bond in accordance
with section 21.4.15 from each contractor, three (3) sealed sets of
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?as built? plans or record drawings, and one (1) CD containing a
digital copy of all plans (in a format as determined by the
Department of Public Works), together with a letter stating the
contractors? compliance with section 21.4.15, and bearing sealed
certification by the design engineer that all public improvements
have been constructed in compliance with all City construction
standards. The property owner also shall submit copies of the
approved Final Plat with any required revisions on mylars and in
the format and number required by the Planning Division. Where
public improvements have yet to be completed in connection with
an approved Final Plat, the property owner shall submit in the
format and number required by the City Manager or his/her
designee, copies of the approved Final Plat with any required
revisions on mylars and in the format and number required by the
Planning Division for signing and recording.
b.Upon notification of acceptance of required public improvements
or filing of security in-lieu of infrastructure construction, the City
Manager or his/her designee shall procure the signature of the chair
of the Planning and Zoning Commission on the plat and shall
promptly cause the plat to be recorded.
G.No final plat will be received for recording until all back taxes owed to the City
have been paid in full and a certified copy of a Tax Certificate from the applicable
school district and county tax office has been received for the subject property.
Sec. 21.12.11 Minor Plat Process
A.Applicability
The provisions of this section are authorized under LGC Chapter 212 and shall be
applicable to all areas within the City?s limits and throughout the City?s ETJ. A
minor plat may be submitted for approval where the proposed division of land
involves four (4) or fewer lots fronting onto an existing street and not requiring
the creation of any new street or the extension of municipal facilities.
B.Application Requirements
Any request for a minor plat shall be accompanied by an application prepared in
accordance with the Development Services Department Development Manual.
C.Processing of Application and Decision
1.Submittal
An application for a minor plat shall be submitted to the City Manager or
his/her designee. The City Manager or his/her designee shall review the
application for completeness in accordance with section 21.4.2. The City
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Manager or his/her designee may, at his/her option, forward a copy of the
plat to other appropriate departments for review and recommendation.
The City Manager or his/her designee shall notify the applicant of items
requiring correction or attention before providing a recommendation on
the application.
2.Minor Plat Approval
In accordance with LGC section 212.0065, the City Manager or his/her
designee may approve a minor plat. The City Manager or his/her designee
may, for any reason, elect to present the plat for approval to the Planning
and Zoning Commission. The City Manager or his/her designee shall not
disapprove a minor plat and shall be required to refer any plat for which
approval is refused to the Planning and Zoning Commission. If a minor
plat is referred to the Planning and Zoning Commission, the Planning and
Zoning Commission shall act on the plat within thirty (30) days after the
date of the City Manager or his/her designee?s determination.
3.Contents of Minor Plat
An application for a minor plat shall include the same information and
documents required for approval of a final plat in accordance with section
21.12.9.
D.Criteria for Approval
The City Manager or his/her designee in considering final action on a minor plat
should consider the following criteria:
1.the minor plat is consistent with all zoning requirements for the property,
all other requirements of this UDC that apply to the plat, and any
regulations contained in an approved Development Agreement;
2.all lots to be created by the plat already are adequately served by all
required City utilities and infrastructure; and
3.the plat does not require the extension of any municipal facilities to serve
any lot within the subdivision.
E.Expiration and Extension
1.Expiration
The approval of a minor plat shall remain in effect for a period of two (2)
years after the date the application was approved or conditionally
approved by the City Manager or his/her designee or the Planning and
Zoning Commission on appeal, during which period the applicant shall
submit any required revisions for approval and recordation of the plat. If
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the minor plat has not been recorded within the two (2) year period, the
plat approval shall expire and the plat shall be deemed null and void.
2.Extension
At the request of the property owners or their representative, the expiration
date for approval of a minor plat may be extended by the Planning and
Zoning Commission for a period not to exceed six (6) months. A minor
plat is not subject to reinstatement following expiration.
F.Plat Recordation
The property owner shall submit the approved minor plat, following any required
revisions, to the City Manager or his/her designee, who shall cause the plat to be
recorded in the property records of the county in which the land is located.
Sec. 21.12.12 Amending Plat Process
A.Applicability
The provisions of this section are authorized under LGC Chapter 212 and shall be
applicable to all areas within the City?s limits and throughout the City?s ETJ. An
amending plat may be filed in accordance with the procedures and requirements
set forth in LGC section 212.016 and may be recorded and is controlling over the
preceding plat without vacation of that plat and without notice and hearing, if the
amending plat is signed and acknowledged by the owners of the property being
replatted and is solely for one or more of the following purposes:
1.to correct an error in a course or distance shown on the preceding plat;
2.to add a course or distance that was omitted on the preceding plat;
3.to correct an error in a real property description shown on the preceding
plat;
4.to indicate monuments set after the death, disability, or retirement from
practice of the engineer or surveyor responsible for setting monuments;
5.to show the location or character of a monument which has been changed
in location or character or that is shown incorrectly as to location or
character on the preceding plat;
6.to correct any other type of scrivener or clerical error or omission
previously approved by the municipal authority responsible for approving
plats, including lot numbers, acreage, street names, and identification of
adjacent recorded plats;
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7.to correct an error in courses and distances of lot lines between two (2)
adjacent lots if:
a.both lot owners join in the application for amending the plat;
b.neither lot is abolished;
c.the amendment does not attempt to remove recorded covenants or
restrictions; and
d.the amendment does not have a materially adverse effect on the
property rights of the other owners in the plat;
8.to relocate a lot line to eliminate an inadvertent encroachment of a
building or other improvement on a lot line or easement;
9.to relocate one or more lot lines between one or more adjacent lots if:
a.the owners of all those lots join in the application for amending the
plat;
b.the amendment does not attempt to remove recorded covenants or
restrictions; or
c.the amendment does not increase the number of lots.
10.to make necessary changes to the preceding plat to create six (6) or fewer
lots in the subdivision or a part of the subdivision covered by the
preceding plat if:
a.the changes do not affect applicable zoning and other regulations
of the municipality;
b.the changes do not attempt to amend or remove any covenants or
restrictions; and
c.the area covered by the changes is located in an area that the
Planning and Zoning Commission or City Council has approved,
after a public hearing, as a residential improvement area; or
11.to replat one or more lots fronting on an existing street if:
a.the owners of all those lots join in the application for amending the
plat;
b.the amendment does not attempt to remove recorded covenants or
restrictions;
c.the amendment does not increase the number of lots; and
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d.the amendment does not create or require the creation of a new
street or make necessary the extension of municipal facilities.
B.Application Requirements
Any request for an amending plat shall be accompanied by an application
prepared in accordance with the Development Services Department Development
Manual.
C.Processing of Application and Decision
1.Submittal
An application for an amending plat shall be submitted to the City
Manager or his/her designee. The City Manager or his/her designee shall
review the application for completeness in accordance with section 21.4.2.
The City Manager or his/her designee may, at his/her option, forward a
copy of the plat to other appropriate departments for review and
recommendation. The City Manager or his/her designee shall notify the
applicant of items requiring correction or attention before providing a
recommendation on the application.
2.Amending Plat Approval
In accordance with LGC section 212.0065, the City Manager or his/her
designee may approve an amending plat. The City Manager or his/her
designee may, for any reason, elect to present the plat for approval to the
Planning and Zoning Commission. The City Manager or his/her designee
shall not disapprove an amending plat and shall be required to refer any
plat for which approval is refused to the Planning and Zoning
Commission. If an amending plat is referred to the Planning and Zoning
Commission, the Planning and Zoning Commission shall act on the plat
within thirty (30) days after the date of the City Manager or his/her
designee?s determination.
3.Planning and Zoning Commission Review of Administratively Approved
Plats
The City Manager or his/her designee shall provide a quarterly report to
the Planning and Zoning Commission containing a summary of plats that
have been administratively approved during that quarter and shall include
a copy of the approved plat for review by the Planning and Zoning
Commission.
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D.Contents of Amending Plat
An application for an amending plat shall include the same information and
documents required for approval of a final plat in accordance with section
21.12.9.
E.Expiration and Extension
1.Expiration
The approval of an amending plat shall remain in effect for a period of two
(2) years after the date the application was approved or conditionally
approved by the City Manager or his/her designee or the Planning and
Zoning Commission on appeal, during which period the applicant shall
submit any required revisions for approval and recordation of the plat. If
the amending plat has not been recorded within the two (2) year period,
the plat approval shall expire and the plat shall be deemed null and void.
2.Extension
At the request of the property owners or their representative, the expiration
date for approval of an amending plat may be extended by the Planning
and Zoning Commission for a period not to exceed six (6) months. An
amending plat is not subject to reinstatement following expiration.
F.Plat Recordation
The property owner shall submit the approved Amending Plat, following any
required revisions, to the City Manager or his/her designee, who shall cause the
plat to be recorded in the property records of the county in which the land is
located.
Sec. 21.12.13 Replat Process
A.Applicability
The provisions of this section are authorized under LGC Chapter 212 and shall be
applicable to all areas within the City?s limits and throughout the City?s ETJ. A
replat is any plat that complies with LGC sections 212.014, 212.0145, and
212.015, as amended, which is generally submitted to replat a subdivision or part
of a subdivision without vacation of the original plat. Replatting a portion of a
recorded lot is not permitted. A replat does not itself constitute approval for
development of the property.
B.Application Requirements
Any request for a replat shall be accompanied by an application prepared in
accordance with the Development Services Department Development Manual.
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C.Processing of Application and Decision
1.Submittal
An application for a replat shall be submitted to the City Manager or
his/her designee. The City Manager or his/her designee shall review the
application for completeness in accordance with section 21.4.2. The City
Manager or his/her designee shall forward a copy of the plat to other
appropriate departments for review and recommendation. The City
Manager or his/her designee shall notify the applicant of items requiring
correction or attention before providing a recommendation on the
application. After appropriate review, the City Manager or his/her
designee shall forward a recommendation to the Planning and Zoning
Commission for consideration.
2.Notification Requirements
An application for a replat requires notification in accordance with LGC
section 212.015. Published notice and written notice to property owners
within 200 feet who are also within the original subdivision shall be
provided in accordance with the requirements of LGC.
3.Decision by the Planning and Zoning Commission
The Planning and Zoning Commission shall hold a public hearing and
receive the recommendation of the City Manager or his/her designee and
shall consider the proposed replat. The Planning and Zoning Commission
shall act on the plat within thirty (30) days after the date a complete
application is filed. The Planning and Zoning Commission must approve a
replat that is required to be prepared in accordance with this section and
that satisfies all applicable regulations of this UDC. The Planning and
Zoning Commission may vote to approve with conditions or deny a replat
that does not satisfy all applicable regulations of this UDC. The applicant
may appeal the decision of the Planning and Zoning Commission to the
City Council for consideration. The City Council shall act on an appeal
within thirty (30) days after the date of the Planning and Zoning
Commission?s action.
D.Contents of Replat
An application for a replat shall include the same information and documents
required for approval of a final plat in accordance with section 21.12.9.
E.Criteria for Approval
The Planning and Zoning Commission in considering final action on a replat
should consider the following criteria:
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1.the replat is consistent with all zoning requirements for the property, all
other requirements of this UDC that apply to the plat, and any regulations
contained in an approved Development Agreement;
2.the replat is signed and acknowledged by only the owners of the property
being replatted;
3.a public hearing was held and parties in interest and citizens have had an
opportunity to be heard; and
4.the replat does not attempt to amend or remove any covenants or
restrictions.
F.Protests
If the replat application is accompanied by a variance petition and is protested in
accordance with this section, approval of the replat shall require the affirmative
vote of at least three-fourths (3/4) of the members of the Planning and Zoning
Commission present at the meeting. For a legal protest, written instruments signed
by the owners of at least twenty percent (20%) of the area of the lots or land
immediately adjoining the area covered by the replat application and extending
200 feet from that area, but within the original subdivision, must be filed with the
Planning and Zoning Commission prior to the close of the public hearing. In
computing the percentage of land area under this section, the area of streets and
alleys shall be included.
G.Expiration and Extension
1.Expiration
The approval of a replat shall remain in effect for a period of two (2) years
after the date the application was approved or conditionally approved by
the Planning and Zoning Commission, during which period the applicant
shall submit any required revisions for approval and recordation of the
plat. If the replat has not been recorded within the two (2) year period, the
plat approval shall expire and the plat shall be deemed null and void.
2.Extension
At the request of the property owners or their representative, the expiration
date for approval of a replat may be extended by the Planning and Zoning
Commission for a period not to exceed six (6) months. A replat is not
subject to reinstatement following expiration.
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H.Plat Recordation
The property owner shall submit the approved replat, following any required
revisions, to the City Manager or his/her designee, who shall cause the plat to be
recorded in the property records of the county in which the land is located.
Sec. 21.12.14 Reserved
Sec. 21.12.15 Waivers
A.General
The Planning and Zoning Commission may authorize waivers from the provisions
of this Article when, in its opinion, undue hardship will result from requiring
strict compliance. In granting a waiver, the Planning and Zoning Commission
shall prescribe only conditions that it deems necessary or desirable to the public
interest. In making their findings, the Planning and Zoning Commission shall take
into account the nature of the proposed use of the land involved and existing uses
of land in the vicinity, the number of persons who will reside or work in the
proposed subdivision, and the probable effect of such waivers upon traffic
conditions and upon the public health, safety, convenience, and welfare in the
vicinity. Waivers shall not be granted unless the Planning and Zoning
Commission finds:
1.That the granting of the waiver will not be detrimental to the public health,
safety, or welfare, or injurious to other property in the area; and
2.That the granting of the waiver will not have the effect of preventing the
orderly subdivision of other land in the area in accordance with the
provisions of this UDC. Such findings of the Planning and Zoning
Commission, together with the specified facts upon which such findings
are based, shall be incorporated into the official minutes of the Planning
and Zoning Commission meeting at which such waiver is granted.
Waivers may be granted only when in harmony with the general purpose
and intent of this UDC so that the public health, safety, and welfare may
be secured and justice done.
B.The Planning and Zoning Commission may establish a time period for execution
of each granted waiver.
C.Such findings together with the specific facts on which such findings are based
shall be incorporated into the official minutes of the Planning and Zoning
Commission meeting at which such exception is granted.
D.Planning and Zoning Commission shall not authorize a waiver that would
constitute a violation of a valid law, ordinance, code or regulation of the City.
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E.Any decision of the Planning and Zoning Commission regarding waivers to the
provisions of this Article may be appealed to the City Council. When considering
an appeal, the City Council shall consider the same standards as the Planning and
Zoning Commission as outlined above.
End of Article 12
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Article 13Land Disturbing Activities and Drainage
Sec. 21.13.1 Clearing and Grading
A.No removal of trees, land clearing and grading shall occur without the required
approvals and permits. Clearing and grading activity shall be limited to the limits
of grading area identified on the approved grading plan. A clearing and grading
permit is required by the City and can be applied for once the final plat has been
approved by the Planning and Zoning Commission.
B.All clearing and grading permits shall be reviewed by the City Engineer and
Public Works Department and approved by the City Manager or his/her designee.
C.The following shall be exempt from the requirement for clearing and grading
permit:
1.grading and clearing in emergency situations involving immediate danger
to life and property or substantial fire hazards;
2.the removal of underbrush, dead trees or diseased or damaged trees which
constitute a hazard to life and property based upon field inspection
verification; and
3.grading and clearing practices associated with normal agricultural crop
operations, excluding timber cutting.
Sec. 21.13.2 Drainage
A.Applicability. The provisions of this section shall apply to any capital
improvement project, application for subdivision plat, master development plan,
or building permit approval except as otherwise provided by this chapter. A
stormwater management plan shall be provided as set forth in section 21.13.3.
B.Stormwater Management Program
1.System Criteria
a.All stormwater management facilities, or combination of facilities,
shall be designed for ultimate development. Facilities with
drainage areas less than one hundred (100) acres shall be designed
for a twenty-five-year storm. Facilities with drainage areas over
one hundred (100) acres or areas within a designated floodplain
shall be designed for a 100-year storm or a twenty-five-year storm
plus.
b.Freeboard (based on Table 21.13.2I) if that elevation is higher.
Detention facilities and streets are exceptions to the frequency
criteria cited above. Detention facility outflows will be designed
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for five (5) year, twenty-five (25) year and one hundred (100) year
frequency storms. Refer to subsection 3(g) for specific drainage
design criteria for streets.
c.Three (3) development conditions shall be analyzed for each
development.
i.Existing Conditions. This refers to current development
conditions in the watershed and on-site. Use as the baseline
analysis for determining the impact of development.
ii.Proposed Conditions. This refers to existing conditions
with the proposed development added. Use to determine if
the increased runoff from the proposed development results
in an adverse impact to other properties.
iii.Ultimate Conditions. This refers to ultimate development
conditions within the watershed used to design the drainage
facilities. This condition may be used in-lieu of subsection
(2) above, to determine if the increased runoff from the
ultimate watershed development results in an adverse
impact to other properties.
d.Responsibility to Accept Stormwater
The owner or developer of property to be developed shall be
responsible for the conveyance of all stormwater flowing through
the property. This responsibility includes the stormwater flowing
onto the property by any other developed property as well as the
drainage naturally flowing through the property by reason of
topography. Future upstream development shall be accounted for
by assuming ultimate development when sizing drainage systems
as specified in this section.
e.Positive Overflow Pathways
Stormwater management facilities for local drainage systems will
be designed to ensure that a positive overflow pathway is provided
to the nearest one hundred (100) year conveyance facility. The
overflow pathway must be delineated on a plan that shows all
existing structures in the vicinity impacted by the overflow
pathway.
f.Maintenance
i.Maintenance of publicly owned facilities will be the
responsibility of the City. Maintenance of private facilities
is the responsibility of the property owner or the
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community association and must be specified in the
maintenance schedule submitted to the City. A maintenance
schedule for both publicly owned and privately owned
facilities must be approved by the Director of Public Works
prior to the approval of construction drawings.
ii.Authorized personnel from the City shall conduct periodic
inspections of these facilities and structures. Any required
repairs will be consistent with current construction
standards. Maintenance issues identified by the City or
State during inspections shall be the responsibility of the
current owner.
g.New Development
Peak stormwater runoff rates from all new development shall be
less than or equal to the peak runoff rates from the site?s
predevelopment conditions for the five-year, twenty-five-year and
one-hundred-year (100-yr) design storm events, except as provided
in subsection B.1, above.
h.Redevelopment
Peak stormwater runoff rates from an area of redevelopment due to
zoning or replatting shall be less than or equal to the peak runoff
rates produced by existing development conditions for the five-
year, twenty-five-year and one hundred (100) year design storm
events, except as provided in subsection B.1, above.
C.Method of Computing Runoff
1.Calculation Methods
a.For drainage areas less than 640 acres, the basis for computing
runoff shall be the rational formula or some other method provided
it is acceptable to the Director of Public Works. Hydraulic
calculations shall be performed by using the U.S. Army Corps of
Engineers HEC-2 ?Water Surface Profiles? or HEC-RAS ?River
Analysis System? computer models. Normal depth channel
calculations are permissible for constructed open channels with a
uniform geometric cross section where (i) there is no potential for
the water surface elevations to be controlled by backwater and
(ii) the channel is not in a FEMA floodplain.
b.For drainage areas 640 acres or greater, the basis for computing
runoff shall be a unit hydrograph method, preferably the Soil
Conservation Service (SCS) Dimensionless Unitgraph method as
contained in the U.S. Army Corps of Engineers Hydrologic
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Engineering Center HEC-1 ?Flood Hydrograph Package?, which
document shall be maintained on file with the Director of Public
Works and is hereby incorporated by this reference. For the SCS
method, antecedent moisture condition II shall be used in the
runoff model. Design rainfall values listed in Table 21.13.2E shall
be used for hydrograph calculations.
c.Open channel hydraulic calculations shall be performed by using
the U.S. Army Corps of engineers HEC-2 ?Water Surface Profiles?
or HEC-RAS ?River Analysis System? computer models, which
documents shall be maintained on file with the Director of Public
Works and is hereby incorporated by this reference.
d.Certain watersheds have hydrologic and hydraulic models that are
available through and maintained by the City. Developments
proposed within the limits of these watersheds must have the
models updated by the consultant to reflect changes in flow,
channel configuration (including alterations to vegetation) and
channel structures. The consultants? models must use the same
computer program that was used in the existing model e.g. HEC-
RAS models will not be accepted where the original model used
HEC-2. The updated models shall be submitted to the Director of
Public Works for incorporation into the master models. The City
will periodically update the master models to reflect current
watershed development conditions. The updated models will be
made available for use and distribution as the latest existing
condition models for the watershed.
2.Time of Concentration
a.Overland (sheet) flow, shallow concentrated flow and channel
flows are components that need to be considered in the calculation
of time of concentration. The following methods are recommended
for time of concentration calculation:
b.Overland flow - flow over plane surfaces: Maximum allowable
time is twenty (20) minutes. Minimum is five (5) minutes. The
overland flow time chart from ?Design? by Elwyn E. Seelye may
be used to calculate overland flow times. Note that the minimum
time has been reduced to five (5) minutes.
c.Shallow concentrated flow - overland flow usually becomes
shallow concentrated flow after a maximum of 300 feet: Use
Manning?s equation to estimate travel time for defined swales, bar
ditches and street sections, etc. Figure 3-1 from TR-55 ?Urban
Hydrology for Small Watersheds?, SCS 1986, may be used where
a geometric section has not been defined.
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d.Channel flow: Use existing computer models where available or
Manning?s equation if data is not available. Non-floodplain
channel velocities for ultimate watershed development should not
be less than six (6) fps when estimating time of concentration.
3.Runoff Coefficients
Runoff coefficients (C value) for use in the rational formula shall not be
less than the values shown in Tables 21.13.2A or 21.13.2B, as appropriate.
Table 21.13.2A
Runoff Coefficients (C) ? Percentage
Slope
Character of Area
Up to Over 1% Over 3% Flow
1%up to 3% up to 5% over 5%
Business or commercial areas (90% or more
95969797
impervious), Existing Pavement / Buildings
Densely developed areas (80% to 90%
85889195
impervious)
Closely built residential areas and school
75778084
sites
Undeveloped areas* - Present land is
undeveloped and ultimate land use is
68707275
unknown. C values for use in ultimate
development calculations
Large lot residential area 55576264
Undeveloped areas * - Existing conditions
See Table 21.13.2B
Average residentials area 65676972
__________________
* Areas included within parks, green belts, or regulatory floodplains shall be considered to remain undeveloped
per Table 21.13.2B.
Table 21.13.2B
Runoff Coefficients (C) ? Percentage
Slope
Character of Area
Up to Over 1% Over 3% Flow
1%up to 3% up to 5% over 5%
Cultivated or Range (Grass Cover <50% of
44475355
Area)
Range (Grass Cover 50?75% of Area) 37414953
Forest or Range (Grass Cover >75% of Area) 35394752
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4.Rainfall Intensity
Use Table 21.13.2C to determine rainfall intensity.
Table 21.13.2C
Rainfall Intensities (inches/hour)
DurationFrequency
Minutes
2-Year5-Year10-Year25-Year50-Year100-Year500-Year
16.948.008.849.9911.0911.9213.55
26.697.728.539.6710.6911.5313.24
36.457.468.249.3610.3111.1512.93
46.227.217.959.059.9510.7912.62
56.006.967.688.769.6010.4412.30
65.796.737.428.489.2710.1011.98
75.596.507.178.208.959.7811.66
85.406.286.937.948.659.4711.34
95.216.086.707.698.379.1711.01
105.045.886.487.448.108.8810.68
114.885.696.277.217.858.6110.35
124.725.526.086.987.618.3510.02
134.585.355.896.767.398.109.68
144.455.195.726.567.197.869.34
154.325.045.566.367.007.649.00
164.224.945.466.266.897.538.89
174.124.845.366.166.797.428.78
184.034.755.276.066.687.318.68
193.944.665.175.966.587.208.57
203.854.565.085.866.487.098.47
213.764.484.995.776.386.998.36
223.674.394.905.686.286.888.26
233.594.304.825.596.186.788.16
243.514.224.735.506.096.688.06
253.434.144.655.416.006.587.96
263.354.064.575.335.916.497.86
273.273.984.495.245.826.397.76
283.203.914.415.165.736.307.67
293.133.834.335.085.646.217.57
303.063.764.265.005.566.127.48
312.993.694.194.925.486.037.39
322.933.624.124.855.405.957.30
332.873.564.054.775.325.867.21
342.813.493.984.705.245.787.12
352.753.433.924.635.175.707.03
362.693.373.864.565.095.626.94
372.643.313.804.505.025.546.86
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Table 21.13.2C
Rainfall Intensities (inches/hour)
DurationFrequency
Minutes
2-Year 5-Year 10-Year 25-Year 50-Year 100-Year 500-Year
382.593.263.744.434.955.476.77
392.543.213.684.374.885.406.69
402.493.153.624.314.825.326.61
412.453.103.574.254.755.256.53
422.403.063.524.194.695.196.45
432.363.013.474.134.635.126.37
442.322.973.424.084.575.056.29
452.292.923.374.024.514.996.21
462.252.883.333.974.454.936.14
472.222.853.293.924.404.876.06
482.192.813.253.874.344.815.99
492.162.783.213.834.294.765.92
502.142.743.173.784.244.705.85
512.112.713.133.744.194.655.78
522.092.693.103.704.154.605.71
532.072.663.073.664.104.555.64
542.062.633.043.624.064.505.58
552.042.613.013.594.024.455.51
562.032.592.993.553.984.415.45
572.022.572.963.523.944.375.38
582.012.562.943.493.914.335.32
592.002.542.923.463.874.295.26
602.002.532.903.433.844.255.20
1201.101.541.832.212.502.783.48
1800.861.191.411.681.882.082.53
2400.700.971.131.331.501.651.99
3600.510.710.830.981.091.191.41
7200.280.390.460.550.610.670.81
14400.1650.2270.2730.3240.3660.4130.513
5.SCS Curve Numbers
The SCS curve numbers adopted for use by the City are shown in Table
21.13.2D. The hydrologic soil groups are listed in the latest version of the
United States Natural Resources Conservation Service [formerly the Soil
Conservation Service], ?Urban Hydrology for Small Watersheds?,
Technical Release No. 55 (TR 55), which document is hereby
incorporated by this reference. Soil types that relate to the hydrologic soil
group may be found in the latest version of the United States Natural
Resources Conservation Service Soil Surveys for Bexar, Guadalupe and
Comal Counties, Texas which documents are hereby incorporated by this
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reference. Soil types may also be based on a Geotechnical Engineering
Report.
Table 21.13.2D
SCS Curve Number by Soil Type
HydrologicSCS Curve
Description
Soil Group Number
Soils having a low runoff potential due to high infiltration rates.
AThese soils consist primarily of deep, well drained sand and 25
gravels.
Soils having a moderately low runoff potential due to moderate
infiltration rates. These soils consist primarily of moderately
B55
deep to deep, moderately well to well drained soils with
moderately fine to moderately coarse textures.
Soils having moderately high runoff potential due to slow
infiltration rates. These soils consist primarily of soils in which a
C70
layer exists near the surface that impedes the downward
movement of water or soils with moderately fine to fine texture.
Soils having a high runoff potential due to very slow infiltration
rates. These soils consist primarily of clays with high swelling
Dpotential, soils with permanently high water tables, soils with a 77
clay pan or clay layer at or near the surface, and shallow soils
over nearly impervious parent material.
6.Percent Impervious Cover
The percent impervious cover for typical land use types in the City are
presented in Table 21.13.2E.
Table 21.13.2E
Percent Impervious Cover by Land Use
Average Percent Impervious
Land Use Category
Cover
1/8 acre Residential Lots, or
garden or townhouse 65 ? 85%
apartments,
1/4 acre Residential Lots 38%
Residential
1/3 acre Residential Lots 30%
1/2 acre Residential Lots 25%
1 acre Residential Lots or 20%
Industrial72 ? 85%
Business or Commercial 85 ? 95%
Densely developed (apartments) 65 ? 85%
Streets, Roads, and Parking Areas 98%
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7.Design Rainfall
A twenty-four-hour (24 hr) rainfall distribution shall be applied for runoff
calculations. Rainfall intensities as adopted for the City are given in Table
21.13.2F and should be used for HEC-1 input. The lag value for a subarea
shall be calculated as 0.6 times the time of concentration.
Table 21.13.2F
Design Rainfall Values (inches)
DurationFrequency
Minutes/
5-Year10-Year25-Year50-Year100-Year500-Year
Hours
5 minute 0.580.640.730.80.871.03
15 minute 1.261.391.591.751.912.25
60 minute 2.532.93.433.844.255.2
2 hour 3.083.664.424.995.576.95
3 hour 3.574.235.045.646.237.6
6 hour 4.264.995.896.527.138.47
12 hour 4.685.556.587.328.059.68
24 hour 5.456.557.788.789.9112.75
8.Routing of Runoff
Routing of the runoff hydrograph through the channel from one subarea
calculation point to the next in the HEC-1 shall be computed using one of
the following methods:
a.Overbank/channel storage not significant: Use normal depth
channel routing.
b.Overbank/channel storage is significant: use the Muskingum
method where a hydraulic model is not available. Use Modified
Puls storage method where a hydraulic model is available to
develop storage/out flow relationship.
c.Kinematic wave method for channel reaches where inflow from
overbank runoff or multiple point sources (Example: storm sewer
outfalls) is significant and where hydrograph attenuation is
insignificant. Channel routing methodologies currently being
applied in the existing HEC-1 model of the watershed shall not be
replaced with a different methodology without approval or
direction from the Director of Public Works.
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9.Manning?s Roughness Coefficient
Manning?s roughness coefficients (?N? values) for use in routing methods
or in hydraulic calculations shall be consistent with the values listed in
Table 21.13.2G.
Table 21.13.2G
Manning?s Roughness Coefficient
Channel Description Manning?s ?N? Value
Concrete Lined Channel 0.015
Grass Lined Channel with regular maintenance 0.035
Grass Lined Channel without recent maintenance 0.050
Vegetated Channel with trees, little or no underbrush 0.055
Natural Channel with trees, moderate underbrush 0.075
Natural Channel with trees, dense underbrush0.090
Natural Channel with dense trees and dense underbrush0.100
Overbank Description Manning?s ?N? Value
Pasture0.035 ? 0.055
Trees, little or no underbrush, scattered structures 0.060 ? 0.075
Dense vegetation, multiple fences and structures 0.075 ? 0.090
The ?N? value to be used in Manning?s Formula shall conform to the
following for design purposes:
a.earth channels--0.035
b.concrete lined channels--0.015
c.reinforced concrete pipe--0.013
d.concrete box culverts--0.013
e.corrugated metal pipe:
i.unpaved ½? corrugated--0.024
ii.unpaved one (1) inch corrugated--0.027
iii.any other ?N? value shall be based on generally accepted
engineering principles.
D.Drainage Easements/Rights-of-Way
1.Where a subdivision is traversed by a watercourse, drainageway, natural
channel or stream, there shall be provided an easement or right-of-way
conforming substantially to the limit of such watercourse, plus additional
width as outlined below.
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2.Easement or right-of-way requirements are specified in the following
subsections of this section for particular stormwater management
facilities:
a.subsection D.3 Natural Watercourses or Floodplains;
b.subsection H.7.g Concrete Lined Channels;
c.subsection H.8.c and 8.d Vegetated Earth Channels;
d.subsection I.C.3 Storm Sewers.
3.Easements for natural watercourses shall be the one hundred (100) year
floodplain or the twenty-five-year plus freeboard (see Table 21.13.2I of
this section) whichever is greater. In floodplain areas where ongoing
maintenance is required or the floodplain will be reserved for use by the
public, the drainage easements shall be maintained by a public entity and
the property will be dedicated to the City as a multi-use drainage
easement. A drivable access way shall be provided in floodplain
easements for the length of the easement when regular maintenance of the
floodplain is required. Diversion of stormwater away from the natural
watercourse will not be allowed except within the boundaries of the
property controlled by the developer, provided that the diverted water is
returned to the watercourse within which it would naturally have been
flowing prior to leaving the developer?s property. An analysis of the
timing of the diverted hydrograph on watersheds greater than twenty (20)
acres, as it reenters the receiving watercourse, must be performed to show
that the peak flow rate in the receiving watercourse has not been increased
as a result of the diversion.
4.An unobstructed access right-of-way connecting the drainage easement
with an alley or roadway parallel to or near the easement shall be provided
at a minimum spacing of one (1) access right-of-way at approximately one
thousand-foot intervals. The access right-of-way shall be a minimum of
fifteen (15) feet in width and shall be maintained clear of obstructions that
would limit maintenance vehicular access. If the flow line of the designed
channel incorporates grade control structures or vehicular bridges that
would prevent maintenance equipment from accessing that portion of the
channel, additional access points may be required. Channel design, earthen
or concrete, shall have ramps in the side slopes near the access points that
would allow maintenance equipment to descend to the floor level of the
channel. The maximum allowable ramp slope for vehicular access is seven
to one (7:1). Access points adjacent to roadways or alleys shall be
provided with a post and cable feature with padlock to prevent
unauthorized use.
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5.Drainage easements crossing lots and property lines are highly
discouraged. Where it is determined that this is appropriate, the drainage
conveyance structure shall be constructed of concrete, and a statement
shall be added to the plat that no fencing or structures that will interfere
with adequate drainage flow will be allowed on or across such lines.
Fencing may be allowed across drainage easements only in accordance
with the following restrictions:
a.Bottom of fence shall be a minimum of the flow depth, plus
freeboard (see Table 21.13.2I of this section) above design flow
line of channel or drain.
b.A hinged gate will be placed across the entire width of the drainage
easement.
c.Fence posts located within the easement must be structurally
designed to resist damage from the stormwater flows and impact
from debris.
d.A floodplain development permit will be required to construct a
fence within an easement within the 100-year floodplain.
6.Interceptor drainage easements and channels shall be provided where the
drainage area to the back of platted lots exceeds the depth of two (2)
average residential lots. Interceptor drains shall be constructed prior to the
issuing of building permits on any lot that would be affected by natural
drainage being intercepted.
7.All developments shall provide for adequate drainage outfall at the lower
end of the site into an existing street, alley, drainage, easements or right-
of-way, or to the centerline of an existing natural drain. Where proposed
street, storm sewer, or open channel does not discharge into a natural low
or into an existing adequate drainage easement then facilities and drainage
easements of adequate width to contain the design discharge shall be
constructed and dedicated to the centerline of an existing natural low
within the same watershed. However, where the natural low lies within the
developer?s property, the developer will be required only to plat an
easement to the centerline of the natural low, provided that the easement is
adequate to accommodate the facilities that will be built in conjunction
with the future development of that property.
E.Site Design and Grading
1.All land disturbing or land filling activities or soil storage shall be
undertaken in a manner designed to minimize surface runoff, erosion and
sedimentation, and to safeguard life, limb, property and the public welfare
in accordance with the TPDES General Permit TXR150000, as amended,
and the document entitled ?Complying with the Edwards Aquifer Rules;
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Technical Guidance on Best Management Practices,? by Michael E.
Barrett, Ph.D., P.E. Center for Research in Water Resources, Bureau of
Engineering Research, University of Texas at Austin, (RG-348, June
1999), which documents are hereby incorporated by this reference.
2.Erosion and sedimentation controls in accordance with the specifications
established by the Director of Public Works in compliance with the
National Pollution Discharge Elimination System (NPDES) permitting
requirements for the City are required.
3.Projects shall not be considered complete until restoration has been made
in accordance with NPDES requirements.
4.Where possible, multiple uses of drainage facilities and open space shall
be incorporated by the owner or developer of a new subdivision.
Alternative uses such as public recreation, horse/bike/hiking trails,
walking paths, nature preserves, wildlife habitat areas, etc. are encouraged
subject to the approval of the Director of Public Works.
5.A note must be placed on the plat for residential lots, which states that
finished floor elevations must be a minimum of eight (8) inches above
final adjacent grade. A grading plan shall be prepared and submitted to the
City, which indicates typical lot grading for all lots in the subdivision
using typical FHA lot grading types (A, B and C). A more detailed
grading plan is also acceptable.
F.For projects with an increased impervious area of greater than 0.1 acres,
stormwater detention shall be required for all new developments or
redevelopment of individual parcels of property to mitigate peak flow rates to
predevelopment or existing development conditions as stated in sections
21.13.2.C.6 and 21.13.2.C.7 of this section.
1.The maximum allowable outflow rate from the detention facility must be
restricted to the flow rate from the undeveloped or existing development
tract for the five-year, twenty-five-year and one-hundred-year frequency.
Best management practices shall be used in the design of detention
facilities in accordance with this section. The timing of the hydrograph
released from the detention facility must be checked against the timing of
the flow rate in the first open watercourse to prevent any increase in the
peak flow rate in the receiving watercourse. For detention basins
constructed in-line on an existing watercourse, the creation of the basin
shall not increase flood elevations in the channel upstream of the new
development boundaries.
2.On-site detention facilities must be privately owned and shall be
maintained by the community association or property owner. A
maintenance schedule shall be submitted to the public works department
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and approved by the Director of Public Works prior to approval of
construction plans. The City will have the right to do periodic inspections
of privately owned and maintained detention facilities to ensure that the
maintenance schedule is being implemented. Where a detention facility
accepts flows from public facilities such as City rights-of-way, the
detention facility will be considered a detention facility serving a public
purpose and will be dedicated to the City upon completion and a drainage
easement will be dedicated to provide for access to the facility. When a
regional detention facility accepts flow from an area exceeding three
hundred (300) acres, the facility shall be considered serving a public
purpose and shall be dedicated to the City.
3.Multi-use facilities are encouraged, but not required (multi-use facilities
allows for water quality, satisfy NPDES requirements, enhance around
water recharge, provide open space, provide recreation or other amenities,
and/or provide habitat) and may be utilized so long as the facility meets
the standards set forth in subsection (B.1.a) of this section and does not
increase the rate or volume of erosion above that which would result from
the use of a facility without multiple uses. The use of multi-use detention
facilities to alleviate existing flooding problems, enhance and provide
amenities for older neighborhoods, and support the revitalization of
economically depressed areas is encouraged in public and private
redevelopment initiatives.
4.Stormwater retention with permanent wet pool or pumped detention
systems will not be acceptable methods of stormwater mitigation unless
the facility will remain privately owned, operated, and maintained. The
City will approve the use of a pumped facility for private use under the
following conditions:
a.A gravity system is not feasible from an engineering and economic
standpoint.
b.At least two (2) pumps are provided each of which is sized to
pump the design flow rate.
c.The selected design outflow rate must not aggravate downstream
flooding.
d.Controls and pumps shall be designed to prevent unauthorized
operation and vandalism.
e.Adequate assurance is provided that the system will be operated
and maintained on a continuous basis.
5.Stormwater detention facilities shall be located in topographically
depressed areas where possible. When necessary, dams may be
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constructed to detain flows. All proposed dams shall conform to the
following items:
a.All dams over six (6) feet above existing natural around shall be
approved by the Dam Safety Team of the Texas Commission on
Environmental Quality (TCEQ) for safety. All other new dams
shall be designed in accordance with acceptable design criteria as
approved by the Director of Public Works, or his authorized
representative.
b.All hydrology and hydraulic properties of a dam will be reviewed
by the Department of Public Works with regard to spillway design,
freeboard hydraulics, backwater curves and downstream effects
due to the dam site.
c.The spillway section of any earthen dam with a height greater than
six (6) feet shall be large enough to pass a PMP (probable
maximum precipitation) flood, as defined by the NRCS, without
overtopping the crest of the dam in accordance with TCEQ
regulations.
d.A 100-year frequency flood shall be routed through the proposed
dam and all land subject to flooding shall be dedicated as drainage
easement or right-of-way. An unobstructed fifteen-foot access
easement around the periphery of the flooded area shall be
dedicated as drainage easement for facilities that require regular
mowing or other ongoing maintenance, at the discretion of the
Director of Public Works. An unobstructed fifteen-foot access
right-of-way shall be established which connects the drainage
easement adjacent to the dam structure to a road or alley.
e.Development below existing dams will take into account the
original design conditions of the existing dam. Dam breach
analysis checks will be required, dependent upon location of
development with respect to dam site.
f.All spillway discharges shall be adequately routed to the centerline
of the natural low below the dam site. The adequate routing of
spillway discharges pertains to the hydraulic routing of the one
hundred (100) year frequency flood for dedication of drainage
easement limits. Probable maximum precipitation (PMP) defined
PMP on definition section flood routing or breaches will only be
considered for safety considerations (that is, the placement of
building and the setting of minimum floor slab elevations below
the dams). Any proposed concrete dam structure need not have
spillway capable of routing a PMP flood, however, it shall be
shown to be structurally capable of withstanding any range of
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flood conditions with regard to possible failure due to sliding,
overturning, and structural integrity, up to and including the PMP
flood.
G.Streets
1.Generally
a.Design of streets shall consider public safety and limit potential
conflicts between stormwater conveyance, traffic, parking,
pedestrian access, ADA requirements, and bicycle traffic.
b.Streets draining a watershed greater than one hundred (100) acres
must be designed for the one hundred (100) year frequency storm.
c.Streets may be used for stormwater drainage only if the calculated
stormwater flow does not exceed the flows outlined in the Public
Works Department Specifications Manual or the velocity does not
exceed ten feet (10?) per second.
d.Where streets are not capable of carrying stormwater, as outlined
above, inlets or curb openings discharging to drainage channels or
storm sewers shall be provided. Partial flow past the inlet will be
allowed when the capacity of all downstream street systems can
accommodate the flow.
e.Street width shall not be widened beyond the width as determined
by the street classification for drainage purposes.
f.Stormwater conveyance on streets shall be designed to account for
the cumulative impact of peak flows and runoff volumes on the
system as the stormwater progresses downgrade.
g.Curb cuts for driveways on all streets shall be designed for
compatibility with the stormwater conveyance function of streets.
h.Potential flooding problems or conflicts at the connection points
where new or modified drainage systems (including streets, storm
sewers, etc.) and the existing portions of the downstream street
system and stormwater conveyance system shall be identified and
resolved either in the design of the new or modified drainage
system or in modifications to the existing system.
i.Dwelling units located on the downhill side of a T-intersection
with a street or drainage channel discharging onto the intersection
shall be sited so as to avoid obstruction of the drainage patterns.
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2.An arterial street is a street so designated on the current Master
Thoroughfare Plan. One (1) lane in each direction on arterial streets shall
remain passable with a flow depth not to exceed 0.30 feet during a twenty-
five-year storm event. The maximum depth of water in the street section
must not exceed seven (7) inches (the height of a standard City curb).
3.A maximum flow depth to the top of curb on a collector street section will
be allowed during a twenty-five-year storm event. A collector street is a
street with a width of forty-two (42) feet or more and not shown as an
arterial street on the current Master Thoroughfare Plan.
4.Local Streets. Local streets shall be designed on a basis of a five-year
frequency. A twenty-five-year frequency storm must be contained within
the street right-of-way.
5.Alleys shall be designed for five-year frequency within the limits of the
alley pavement/curbs and twenty-five-year frequency within the right-of-
way/easement to carry stormwater.
6.All-Weather Crossings
a.Where streets cross existing or proposed watercourses, all weather
crossings shall be required. Culverts or bridges shall be adequate to
allow passage of the design storm identified in section 21.13.2.B.1.
b.All crossings, culverts and bridges shall be designed for an H-20-
44 or HS-20 loading.
c.Dangerous conditions for existing crossings are defined by the
Public Works Department Specifications Manual (Dangerous
Conditions on Crossing during Floods).
H.This section addresses proposed improvements or modifications to drainage
channels and watercourses required to convey stormwater runoff from or through
the proposed development. Refer to section 21.13.2.B.1 for storm frequency
design criteria.
1.Except as authorized by a development plan approved by the Director of
Public Works or his/her designee, no person shall place or cause to be
placed any obstruction of any kind in any watercourse within the City and
its ETJ. The owner of any property within the City, through which any
watercourse may pass, shall keep the watercourse free from any
obstruction not authorized by a development plan.
2.Channel Modifications
a.Modifications to existing watercourses or newly created open
channels may be designed as earth channels, sod channels or as
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concrete lined channels. Liners other than sod or concrete which
enhance the aesthetics or habitat value of the watercourse and
which reduce future maintenance requirements are encouraged.
Preliminary planning for the applicability of other channel liners
shall be reviewed with the Director of Public Works or his/her
representative prior to the submittal of construction plans for
approval.
b.Runoff that results from upstream development and is discharged
to an unimproved waterway can cause flood damage to properties
adjacent to the waterway. Natural undeveloped waterways do not
receive regular maintenance. Design of natural waterways shall
take into consideration fluvial geomorphologic principals and
practices. Consulting engineers and development review officials
shall work to resolve potential downstream impact issues.
3.Design of new channels or alterations to existing channels shall consider
future maintenance requirements. A maintenance schedule for any private
channel shall be submitted to and approved by the Director of Public
Works prior to approval of construction plans. Maintenance requirements
of concrete channels consist of de-silting activities, prevention of
vegetation establishment in construction joints, and repair of concrete as
necessary. Maintenance of earthen channels includes regular observation
and repair, as necessary, of erosion, scouring, and removal of silt deposits,
as necessary to maintain design parameters. Developers shall be
responsible for maintaining newly planted channels until coverage is
established throughout eighty-five percent (85%) of the area. This area
shall include slopes, floor, and any attendant maintenance easement. New
earthen channels shall be planted with drought resistant, low growth,
native species grasses, which will allow unobstructed passage of
floodwaters. Johnson grass, giant tagweed and other invasive species shall
not be allowed to promulgate in channels. Suggested species shall include,
but not be limited to, common Bermuda, coastal Bermuda, buffalo grass,
sideoats grama, seep Muhly, little bluestem, and Indian grass. Mowing
frequencies vary with the vegetation growth rates, but is required when the
grass exceeds the design roughness coefficient of the channel.
4.Planned multiple-use of a watercourse is allowed (e.g. bike paths or
greenbelt). If multiple use of the watercourse is to be incorporated, the
applicant shall form a property owners? association that shall assume
maintenance responsibility for private amenities. The appropriate
government agency will be responsible for maintenance of public
amenities. The applicant shall provide overlay easements for public or
private use.
5.Table 21.13.2H shall be used to determine maximum permissible channel
velocity.
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Table 21.13.2H
Velocity Control
Maximum
Type of Facility HydraulicCorrection
Velocity (fps) Permissible
RequiredRadius (ft.) Factor
Velocity (fps)
0--10.85
1 to 6 1--30.95.5
(Maximum Vegetated3--51.056.3
AverageEarthen Channel 5--81.156.9
Velocity = 6 fps) 8--101.2257.35
Over 10 1.257.5
6 to 8 Concrete Retards NANANA
Concrete Lining
> 8 or Drop NANANA
Structures
a.Where velocities are in the supercritical range, allowance shall be
made in the design for the proper handling of the water.
b.Ensure that the channel will contain the hydraulic jump (sequent
depth) throughout the extent of the supercritical profile. An
exception to this criterion is where concrete lined lateral channels
discharge down the side slopes of channels. These channels may
be designed for normal depth plus freeboard provided velocity
controls are established at the main channel flow line.
c.Ensure that the energy grade of the channel will not result in
upstream flooding at existing or proposed lateral facility
connections.
6.Retard spacing shall be computed as follows when using the City standard
retard section Table in the Public Works Department Specifications
Manual and the following equations: L = 1.0? ÷ (S1 - S2)
Where: L = Distance required between retards in feet.
S1 = Actual slope of channel in ft./ft.
S2 = Slope of proposed channel for maximum permissible velocity
established from Table 21.13.2D, i.e.: and
S2 = [(NV) ÷ (1.486R 2/3 )] 2
Where: V = maximum permissible velocity established from Table
21.13.2H
N = .035R = area/wetted perimeter
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7.Concrete Lined Channels
The design of concrete lined channels shall comply with the following
general requirements:
a.Freeboard consistent with Table 21.13.2I will be applied to the
twenty-five-year design.
b.From the top of the concrete lining to the top of the ditch, a side
slope not steeper than three (3) horizontal to one (1) vertical shall
be required; nor shall the slope be less than twelve to one (12:1).
c.For normal conditions, the concrete lining shall be a minimum of
five inches (5?) thick and reinforced with No. 3 round bars at
twelve inches (12?) on center each way. Where surcharge, nature
of ground, height and steepness of slope, etc., becomes critical,
design shall be in accordance with latest structural standards. All
concrete lining shall develop a minimum compressive strength of
not less than three thousand (3,000) pounds per square inch in
twenty-eight (28) days. The depth of all toe downs shall be thirty-
six inches (36?) upstream, twenty-four inches (24?) downstream,
and eighteen inches (18?) for side slopes. The City?s construction
inspector may permit an eighteen inch (18?) toe down in rock
subgrade in-lieu of the above toe down requirements. The
horizontal dimensions of toe downs shall not be less than six
inches (6?).
d.Maximum concrete riprap side slopes shall be one and one-half (1
1/2) horizontal to one (1) vertical, unless soil tests made by a
geotechnical engineer show that a greater slope, or a special
design, will be stable. Where vehicular traffic may travel within a
horizontal distance equal to one-half (1/2) the vertical rise of the
slope, a two foot (2?) surcharge load shall be included in the
design.
e.Fencing will be required adjacent to the channel where channel
vertical wall heights exceed two feet (2?). Fencing will also be
required adjacent to the channel where channel side slopes exceed
two to one (2:1) and the channel depth is greater than two feet (2?).
The fencing must not cause sight distance problems for motorists.
f.Vertical walls will not be permissible for depths greater than two
feet (2?) unless properly fenced or enclosed. Walls will have a
minimum thickness of six inches (6?).
g.Easements or rights-of-way for concrete lined channels shall
extend a minimum of two feet (2?) on both sides of the extreme
limits of the channel. ?Extreme limits? of the channel shall mean
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the side slope intercept with the natural ground or proposed
finished ground elevation.
h.A minimum ?n? value of roughness coefficient of 0.015 shall be
used for a wood float type surface finish. This ?n? value is as used
in Manning?s formula.
Table 21.13.2I
Drainage Freeboard for Concrete Lined and
Earth Channels for Twenty-Five Year Storm
Design Depth of Flow Required Freeboard
0 to feet 5 feet 0.5 foot
5 to 10 feet 10% of design depth
10 feet and over 1.0 foot
8.Vegetated Earth Channels
a.Freeboard consistent with Table 21.13.2I will be applied to the
twenty five (25) year design.
b.The side slope shall not be steeper than three (3) horizontal to one
(1) vertical.
c.Easements or rights-of-way for improved earth channels shall
conform to the requirements stated in subsection (d) of this section
and shall extend a minimum of two feet (2?) on one (1) side and
fifteen feet (15?) for an access road on the opposite side of the
extreme limits of the channels when such channels do not parallel
and adjoin an alley or roadway. When such channels do parallel
and adjoin an alley or roadway, the easement or right-of-way shall
extend a minimum of two feet (2?) on both sides of the extreme
limits of the channel. Where utilities are installed in the access
road of the drainage right-of-way, the right-of-way shall extend
two feet (2?) on one (1) side and seventeen feet (17?) on the
opposite side of the design limits of the channel. These seventeen
feet (17?) are to provide an access way along the channel with a
maximum cross slope of one inch (1?) per foot toward the channel.
Where designed channel bottoms exceed one hundred feet (100?)
in width, the fifteen foot (15?) extra width shall be provided on
both sides of the channel.
d.Interceptor drainage easements shall extend a minimum of two (2)
feet on both sides of the extreme limits of the channel. Refer to
Table 21.13.2E. Improved earthen channels will be vegetated by
seeding or sodding. Eighty-five percent (85%) of the channel
surface area must have established vegetation before the City will
accept the channel for maintenance.
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9.Freeboard
Allowance for extra freeboard shall be made when the centerline radius of
the channel is less than three (3) times the bottom width. Where sharp
bends or high velocities are involved, the applicant shall use the following
formula for computing the extra freeboard:
d2 - d1 = V 2 (T + B) ÷ 2gR
Where: d1 = depth of flow at the inside of the bend in feet.
d2 = depth of flow at the outside of the bend in feet.
B = bottom width of the channel in feet.
V = the average approach velocity in the channel in feet per second.
T = width of flow at the water surface in feet.
g = 32.2 feet/second squared.
R = the center line radius of the turn or bend in feet.
a.The quantity d2 ? d1 divided by two (2) shall be added to the
normal depth of flow before adding the required freeboard in
calculating required right-of-way widths.
b.Where sharp turns are used without curved sections, the depth
required shall be large enough to provide for all head losses.
Allowance shall be made for any backwater head that may result.
c.For normal design conditions no extra freeboard is required. An
accepted rule of thumb to follow is this: Centerline radius of
channel should be at least three (3) times the bottom width.
I.Storm Sewers
1.For all ordinary conditions, storm sewers shall be designed on the
assumption that they will flow full under the design discharge; however,
whenever the system is placed under a pressure head, or there are
constrictions, turns, submerged or inadequate outfall, etc., the hydraulic
and energy grade lines shall be computed and plotted in profile. In all
cases adequate outfalls shall be provided and the system adequately
designed.
2.No storm sewers shall be less than twenty-four inches (24?) in diameter.
3.Minimum easement widths for storm sewers will be the greater of fifteen
feet (15?) or six feet (6?) on both sides of the extreme limits of the storm
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sewer width (e.g. the easement width for a three (3) barrel ten-foot wide
box culvert with six inch (6?) walls would be (3 x 10?)+(4 x 0.5?)+(2 x 6?)
= 44?).
J.Inlets and Openings
1.Drop Curb Openings - Sidewalk Does Not Abut Opening
Where drop curb openings are used to take stormwater off the streets and
into drains, the length of the curb opening can be calculated from the weir
formula using the coefficient of 3.087 in the following formula:
L = Q ÷ Ch 3/2
Where: L = the length of drop curb opening required in feet.
Q = amount of flow in CFS based on twenty-five-year design frequency.
C = 3.087.
h = head of weir in feet.
Gutter line depressions will be permitted where such depressions will not
hamper the flow of traffic. For amount of curb exposure, conform to City
inlet standards.
2.Curb or Drop Inlets
Where drop inlets are used, the City standard inlets with adequate
reinforcing steel may be used. All other types or designs shall be subject to
the approval of the director of developments services in consultation with
the Director of Public Works. The following formulas for inlet capacity
are based on drop inlets in sag points. Inlet capacities on grades will be
considered less, the amount of which depends on street grades,
deflections, cross slopes, depressions, etc.
3.Grate Inlets
The flow of water through grate openings may be treated as the flow of
water through a rectangular orifice. The following formula may be used
for determining grate capacity:
Q = CA (2gh) 1/2
Where: Q = discharge in cubic feet per second.
C = orifice coefficient of discharge (taken as 0.70).
g = acceleration due to gravity (32.2 ft./sec.2).
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h = head on the grate in feet.
A = net area of the openings in the grate in square feet.
This formula gives the theoretical capacity of the grate inlet. Since grate
inlets are subject to considerable clogging, capacity of the grate inlet will
be taken as one-half (1/2) on the value given by this formula.
4.Curb Opening Inlets
The capacity of curb opening inlets will depend on whether or not the
opening is running partially full or submerged. If the depth of flow at the
curb opening inlet is such as to cause a partially full opening, a weir effect
will develop and the following formula will apply:
Q = CwL(h) 3/2
Where: Q = the discharge of capacity in cubic feet per second.
Cw = the weir coefficient of discharge (3.087).
L = the length of curb opening in feet.
h = the head or depth of water at the opening in feet.
If the depth of flow at the curb opening is such as to fully submerge the
opening, the orifice effect will develop and the formula used shall be
identical to that given under grate inlets with the exception that the head
(h) on the curb opening orifice shall be taken as the depth from the top of
the water surface to the center of orifice or opening; one hundred percent
(100%) efficiency will be allowed for curb opening inlets.
Sec. 21.13.3 Stormwater Management Plan
A.Procedure
1.Number of Copies
The applicant shall provide two (2) blue-line or black-line copies of the
plat together with two (2) copies of construction drawings.
2.Format
Plats shall be drawn in India ink on Mylar on sheets eighteen inches (18?)
wide and twenty-four inches (24?) long, with a margin of two and one-half
inches (2 ½?) on the left side of the sheet, and appropriate margins on the
other three (3) sides. Plats shall be drawn at a scale of one hundred feet
(100?) to one inch (1?) unless a smaller scale is approved by the City
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Manager or his/her designee. Plats which include one-half (1/2) acre or
less in area shall be drawn at a scale of fifty feet (50?) to one inch (1?).
Where more than one (1) sheet is necessary to accommodate the entire
area to be subdivided, an index sheet showing the entire subdivision at an
appropriate scale shall be attached to the plat.
3.Contents
To standardize the review process and minimize the time for approval by
the City during review of the plat and construction drawings for a
subdivision, a complete submittal regarding the analysis of existing
drainage conditions and the design of modifications or new drainage
facilities is necessary. The owner of the property to be developed is
required by the Director of Public Works to provide, at the owner?s
expense and as a condition of construction plan approval, a stormwater
management report for the total development area to be ultimately
constructed. The stormwater management report shall contain all of the
necessary support data, methodologies used in calculations, and
conclusions. A checklist is below that will be used by the City reviewer as
a guide during the evaluation of all stormwater management reports
submitted to the City. The purpose of the checklist is to expedite the
review process for both the engineer and the City, and to aid the engineer
in the preparation of reports for the City?s review. The stormwater
management report shall be submitted to the Director of Public Works
through the City Manager or his/her designee prior to approval of any
construction plans.
4.Report
The stormwater management plan shall include two (2) copies of a written
report that includes the following information, as applicable:
a.a vicinity map of the site and affected reach of the outfall channel;
b.a detailed map of the area and the outfall channel with all pertinent
physiographic information;
c.a watershed map showing the existing and proposed drainage area
boundary along with all sub area delineations and all areas of
existing and proposed development;
d.discharge calculations specifying methodology and key
assumptions used including a table of discharges at key locations;
e.hydraulic calculations specifying methodology used, assumptions
and values of the design parameters;
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f.profiles of the affected channels, including water surface
elevations for the specified design frequencies, all existing and
proposed bridge, culvert and pipeline crossings, the location of all
tributary and drainage confluences, and the location of all
hydraulic structures;
g.detention basin design calculations, including those used for design
of the control structure;
h.right-of-way and easement requirements, and a map showing
locations of all rights-of-way and easements;
i.a soils report which addresses erosion and slope stability of new or
altered channels and detention facilities;
j.a computer diskette of all existing and proposed condition HEC-1
and HEC-2 models used in analysis; and
k.a checklist for the submittal package is included as section 21.13.3
B below. A checklist for the preparation of a HEC-2 model is
included as section 21.13.3.C below.
B.Subdivision Drainage Checklist
1.________U.S.G.S. Quadrangle map showing overall drainage areas,
runoff coefficients, time of concentration, intensity and Qs.
2.________Subdivision Master Drainage Plan with overall interior drainage
area of subdivision showing drainage area, time of concentration runoff
coefficients, intensities, and Qs for the street and alley flows and also
channel and underground system design.
3.________Subdivision plat showing interior drainage areas, time of
concentration, runoff coefficients, and intensities, Qs for street and alley
flows and also channel and underground system design.
4.Drainage Calculations Required For:
a.________Open channel design
b.________Underground systems
c.________Box culverts
d.________Pipe culverts
e.________Hydraulic jump
f.________Super elevation in channel bends
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g.________Retard spacing
h.________Backwater curves with cross sections
i.________Draw down curves with cross sections
j.________Energy dissipaters
k.________Hydraulic grade lines of pipes
l.________(1) Inlets on grades ________(2) Inlets in sump
m.________Drop curb openings
n.________Sidewalk culverts
o.________AR2/3 calculations with cross sections
p.________Weir formulas structures
q.________Orifice formulas
r.________Grade to drain channels
s.________Upstream pickup and flared section
t.________Downstream backwater control and flare to match
downstream condition
u.________Show required free board
v.________Improper ?N? value
w.________Improper velocity used
x.________Improper easement width
y.________Show access road on each sodded channel
z.________Improper runoff coefficient used
aa.________Improper time of concentration used
bb.________Improper Qs used
cc.________Steel calculations for box culvert
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dd.________Street Qs for 5 yr.(30? street) and 25 yr. (greater than 44?
street) frequency showing street capacities are correct based on
Figure IX in Subdivision Regulations
5.________Subdivision Plat showing all interior drainage easements, outfall
drainage easements, U.S.G.S. contour map and all other necessary
drainage information
a.Show outfall drainage easements to the centerline of existing
natural low
b.Show finished fill contours
c.Show interceptor drainage easements
6.________Typical Details Required on Plans for:
a.________Box culvert with headwalls or wing walls
b.________Pipe culverts with headwalls or wing walls
c.________Culvert headwalls shown with proper safety measures
d.________Drop curb openings
e.________(1) Inlets on grade ________(2) Inlets on sump
f.________Drop structures
g.________Retards
h.________Sidewalks over drains
i.________Guard post installations
j.________Guard rail on structures
k.________Header curb
l.________ Energy dissipaters
m.________Junction boxes
n.________Concrete lined channels with free board
o.________Earth sodded channels with free board
p.________Other concrete structures:
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q.________ Grade to drain sections
r.________Transition sections
s.________Fencing for vertical wall channels greater than 2? deep
t.________Other: _________
u.________Side slope
v.________Note: Adjacent lots shall be graded to provide access and
drainage to adjacent street and drainage systems.
7.________Complete Street Plans and Profiles
8.________Complete Drainage Plan and Profile Including the Following
Requirements:
a.________Proposed flowline slopes with grades and elevations
shown every 50? in profile
b.________Proposed top of channel profile
c.________Existing ground right and left profile at property line
d.________Finished fill profiles
e.________Locations and size of culverts
f.________Drop structures
g.________Retards
h.________Grade to drain profiles
i.________Flowline elevations at every 50? station and at each
structure and change in grade
j.________Junction boxes
k.________Channel plan views
l.________Channel sections
m.________Pipes with hydraulic grade lines on profile
n.________Cross sections of existing natural channels or lows which
are not to be improved, but left in natural state and dedicated to
high water calculated
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o.________Angles, bearings, distances, etc., for structures, channels,
etc.
p.________Lot grading layout drains
q.________Culvert structural details
9.________Unit and Storm Hydrographs For Major Streams (Over 2,000
acres)
10.________Drainage Easements to the Centerline of Natural Low
11.________Cost Estimate
12.________ Engineer?s Seal
13.________Other
C.HEC-2 Submittal Checklist
Floodplain submittal checklist supersedes this attachment for projects in the
FEMA Floodplain.
Project __________ Engineer __________ Stream __________
Date __________
The purpose of this checklist is to aid the engineer in the preparation of HEC-2
studies and reports and to expedite the City of Schertz review procedure.
1.Submission Package
a._________ Signed, sealed, and dated by a engineer certified to
practice in the State of Texas
b._________ Signed checklist
c._________ 3 ½? diskette with all input files
d._________ Copy of condensed printouts
2.Narrative
a._________ Table of Contents
b._________ Abstract or executive summary
c._________ Introduction
d._________ Project description and history
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e._________ Location
f._________ Scope and objective of analysis
g._________ Previous and related studies that may affect this
analysis
h._________ Methodology
i._________ Sources of discharges
j._________ Bridge routines
k._________ Base or effective models (mention source)
l._________ Revised-base model
m._________ Proposed model
n._________ Summary, conclusions, and recommendations
o._________ Water surface elevation impacts
3.Tables
a._________ Water surface comparison table at each cross section
b._________ Floodway table
c._________ Cross section numbering table (if stationing changes)
d._________ Exhibits
e._________ Vicinity map
f._________ Plan view of project reach
g._________ Water surface profiles for design storm
h._________ Channel cross sections showing limits of drainage
easements and property lines
i._________ Bridge cross sections
j._________ Plan view of bridge
k._________ Photographs (if available)
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4.Appendices
a._________ Pertinent correspondence (meeting notes, etc.)
b._________ Survey and/or Certified ?As-Built? information for all
revisions to base model
c._________ Sample calculations
5.Name of submitter_________ Date_________
Certification. The stormwater management report must include a letter
signed and sealed by a professional engineer with text descriptions,
exhibits, calculations and models.
The stormwater management plan shall include a performance bond
executed as follows:
?State of Texas
County of _______
KNOW ALL PERSONS BY THESE PRESENTS:
That we, _________, the undersigned developer as principal, and
_________, as surety, do hereby acknowledge ourselves to be held and
firmly bound unto the City of Schertz, a municipal corporation of the State
of Texas, in the full and just sum of $_________, for the payment of
which will and truly to be made, we hereby bind ourselves and our
respective heirs, administrators, executors and assigns jointly and
severally, firmly by these presents.
Whereas, the principal had petitioned the Floodplain Administrator of the
City of Schertz for permission to _________ within the jurisdiction of the
City of Schertz which is shown on plans entitled _________, and which is
more particularly described as follows, to wit:
WHEREAS, plans and a floodplain development permit for such
development were approved by the Floodplain Administrator; and
WHEREAS, the Floodplain Ordinance of the City of Schertz requires that
the site improvements set out below be completed by the principal in
conformance with the standards established by that ordinance within three
(3) years of the date on which the Floodplain Development Permit was
approved and
WHEREAS, the aforesaid ordinance requires that a guarantee of
performance that such site improvements will have been completed and
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will have been accepted by the City within three (3) years of the date on
which the Floodplain Development Permit was approved; and
WHEREAS, the undersigned developer has elected to provide to the City
of Schertz such a guarantee of performance;
NOW THEREFORE, the condition of this obligation is such that if the
principal shall, on or before the ________ day of _________,
20________, construct or cause to be constructed the above mentioned
improvements in accordance with the requirement of the City of Schertz
Floodplain Ordinance, then this obligation shall be void; otherwise the
obligations under this bond shall remain in full force and effect.
IN TESTIMONY WHEREOF, WITNESS OUR HAND AND SEAL this
________ day of _________, 20________.
DEVELOPER AND PRINCIPAL
BY: _________
TITLE: _________
BY:
ATTORNEY-IN-FACT
APPROVED AND ACCEPTED THIS ________ day of _________,
20_______.
CITY OF SCHERTZ
BY: _________
TITLE: CITY MANAGER
APPROVED AS TO FORM: _________ CITY ATTORNEY?
D.P.E. Registration Number
End of Article 13
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Article 14 ? Transportation
Schertz Unified Development Code
Article 14Transportation
Sec. 21.14.1 Streets
A.Street Layout
The arrangement, extent, character, width, grade and location of all streets shall
conform to the Master Thoroughfare Plan and the Comprehensive Land Plan.
Collector streets shall provide adequate circulation within the neighborhood and
yet discourage through traffic. The street layout shall be arranged to achieve the
most desirable development of the entire neighborhood unit with appropriate
consideration of creeks, drainage channels, wooded areas and other topographical
features, which lend themselves to special treatment. Permits must be obtained
from TxDOT for driveways and streets accessing any State highway. The
proposed location of driveways must comply with all applicable City and State
safety requirements.
B.Relation to Adjoining Streets
Adjoining areas shall be continued and tied into the street layout.
C.Projection of Streets
When adjoining properties are not yet subdivided, the arrangement of streets shall
provide for the proper projection of streets into the adjoining unsubdivided areas,
and will be required to comply with the neighborhood pattern or conform to the
Comprehensive Land Plan.
D.Private Streets
1.Private streets within the City may be authorized providing all of the
following conditions are met:
a.A homeowners association is established to maintain and upkeep
all streets in a subdivision in accordance with the City?s public
street standards, to include the mowing of shoulders and rights-of-
way, removal of weeds and unclogging of culverts.
b.Private streets are constructed in accordance with the City?s
standards for public streets.
c.The following ?maintenance agreement? note will appear on the
subdivision plat:
?Streets within this subdivision shall be constructed in accordance
with the City of Schertz public streets standards. The upkeep and
maintenance to include the mowing of shoulders and rights-of-
way, removal of weeds and unclogging of culverts shall be the
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responsibility of the homeowners association. The City of Schertz
is released from any liability for these streets. Periodic inspection
by a public official who is authorized to enforce complaints about
poor maintenance is permitted.?
d.Provide access for fire protection, ambulance, police, school bus,
garbage service and other utility agencies.
2.One Residence
A private street or road serving only one (1) residence is exempt from
construction and maintenance standards for public streets.
3.Ingress/Egress
Private streets shall connect directly to a public street or road.
E.Dead-End Streets and Cul-de-Sacs
1.Dead-end streets shall be prohibited, except as short stubs projected to be
continued in future subdivisions in conformance with Paragraph C of this
section when designed as cul-de-sacs. Temporary turnarounds shall be
provided on projected streets until such time as they are extended.
2.Cul-de-sac streets shall not exceed 500 feet in length and shall have a
turnaround of not less than 150 feet in diameter of ROW in single-family
residential areas, 150 feet in diameter of ROW in multi-family areas and
not less than 200 feet in diameter of ROW in commercial and industrial
areas. This provision may be modified upon approval of the Fire Chief and
City Engineer.
F.Alignment
The alignment of all arterial and collector streets shall conform to the
Comprehensive Land Plan and the requirements of the Public Works
Specifications Manual. Collector street alignment shall meet the requirements of
the Public Works Specifications Manual and in no case shall street jogs be offset
less than 150 feet on centerline.
G.Intersections
The curb radius at street intersections shall conform to the specifications in the
Public Works Specifications Manual.
H.Street Names and Street Numbers
Names of new streets shall not duplicate the names of existing streets within the
City and its ETJ unless the new street is a continuation of or part of a future
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continuation of such existing street. Street names shall be chosen to avoid
similarity or confusion with existing street names. A new street name shall not
differ from an existing street name solely by the addition of a different auxiliary
designation such as ?avenue?, ?way?, ?boulevard?, etc. Names of all new streets
shall be subject to approval by the Planning and Zoning Commission and be
coordinated on an area wide basis. Street names shall have prior approval of the
United States Postal Service, Bexar Metro 911, and the applicable County Clerk?s
Office. Street addresses should also be coordinated with present existing
addresses. The City will determine street numbers and advise the subdivider as to
the street numbers.
I.Construction Standards
All streets shall be constructed with reference to base, surfacing, curbs, grades,
horizontal curves and intersection curve radius in accordance with the standards
prescribed in the Public Works Specifications Manual and any other applicable
specifications of the City.
J.Reserve Areas are Prohibited
There shall be no reserve areas controlling access to land dedicated or intended to
be dedicated to public use.
K.Half Streets or Adjacent Streets
1.No new half streets shall be platted that do not conform to the Master
Thoroughfare Plan and the Comprehensive Land Plan. Where the
proposed subdivision abuts upon an existing street or half street not
conforming to the Comprehensive Land Plan requirements or the
requirements of this UDC, the subdivider shall be required to dedicate any
additional right-of-way to meet the street width required.
2.If new development of property that abuts City maintained roads does not
meet the design or width standards in this UDC, the Developer shall be
required to make the necessary dedication and improvements in
conformance with this UDC or any other applicable code of the City.
3.The minimum dedication and construction costs shall be equal to one-half
(1/2) of the minimum right-of-way (ROW) and construction costs
associated with the proposed street.
4.Improvements shall include right-of-way dedication, paving, curb and
guttering, shoulder improvements and sidewalk as determined by the City.
5.Should any pavement be laid to widen existing pavement, the existing
pavement shall be saw-cut back a minimum of two feet (2?) to assure an
adequate sub-base and pavement joint.
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L.Public Accesses
All residential subdivisions shall have a minimum of two (2) locations accessing
existing public streets. Access may be provided through the construction of a
public street. The extent and location of all accesses is subject to review and
approval by the City. The Planning and Zoning Commission shall not permit
?island? subdivisions, lots or streets that would be surrounded by the flood water
of a one hundred (100) year flood unless the area is accessible to high ground by
at least one dedicated street elevated above the one hundred (100) year flood
level.
M.Safety Lanes (Fire Lanes)
1.Manufactured home parks, recreational vehicle parks, apartments, multi-
family residences, malls, commercial and business areas shall have driving
surfaces within the site designated and clearly identified as safety lanes or
fire lanes for fire protection, EMS, etc. These areas must be paved with
concrete or asphalt and be maintained by the owners. Exits from these
sites shall be a minimum of thirty feet (30?) in width and must exit into a
dedicated street. The pavement width for interior safety lanes will be a
minimum of twenty-four feet (24?). Additional width will be required
when adequate off-street parking is not provided.
2.All roadways that serve emergency vehicles are required to have a
minimum clearance of fourteen feet (14?) to any overhead obstructions
including, but not limited to, bridges, trees, canopies, awnings and signs.
N.Access to Principal and Secondary Arterial Streets
Access to principal and secondary arterial streets should be limited to protect the
flow of traffic from the lots. A one foot (1?) non-access easement shall be
provided along principal and secondary arterial streets when lots have access to
another public right-of-way.
O.Street and Traffic Control Signs
1.All street signs in a new subdivision within the City limits, including street
name, speed limit, stop and yield signs, etc. shall be paid for by the
developer, and shall be provided by and installed by the City?s Public
Works Department in accordance with the Public Works Specifications
Manual. Traffic control devices required within the subdivision shall be
installed in accordance with the latest revision of the Texas Manual on
Uniform Traffic Control Devices for Streets and Highways.
2.Any installation of speed control devices, such as speed bumps or humps,
must also be approved by the fire department to determine potential
impact to emergency response vehicles.
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3.A required traffic control device must be fitted with traffic preemption
compatible devices for activation by emergency vehicles.
P.Street Improvements
1.All street improvements shall meet the current requirements of the
Comprehensive Land Plan and this Article, but in no case shall be less
than the following:
Table 21.14.1
Street Improvement Standards
SidewalkHike/Bike
ClassificationROWPavement Drainage Width
Width Trail
Curb or Curb 8 feet other
and Gutter side (unless
48 feet with 12 5 feet
Principal Arterial 120 feet State Hwy
foot median one side
then both
sides)
Curb or Curb 5 feet 8 feet other
Secondary Arterial 86 feet 48 feet
and Gutter one side side
Curb or Curb 5 feet
Collector 60 feet 42 feet -
and Gutter both sides
Local Street ? Curb or Curb 5 feet
50 feet 30 feet -
Residentialand Gutter both sides
Local Street ? Curb and Gutter
5 feet
Commercial/Indust60 feet 42 feet -
both sides
rial
Curb or Curb
Paved Alley 20 feet 20 feet None-
and Gutter
2.Islands in Roadways
Islands in road rights-of-way will be considered on a case-by-case basis.
The street right-of-way will be engineered to accommodate all emergency
and utility vehicles, after coordination by City Staff, to include a review
and recommendation from the City of Schertz Transportation Safety
Advisory Commission. At a minimum, all islands shall provide at least
twenty-four feet (24?) of pavement on each side of the island. All islands
provided within street ROW shall be designated on the plat and shall be
dedicated by the developer or its successors and/or assigns. A plat note
shall be provided which identifies maintenance of islands as the
responsibility of the developer or its successors and/or assigns. Any
islands that are not maintained in accordance with this section may be
removed by the City and shall be removed at the expense of the developer
or its successors and/or assigns, after due notice and the written
recommendation by the City Engineer and Fire Department.
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Q.Drainage
The storm drainage for all streets shall be designed on a twenty-five (25) year
flood frequency. Runoff rates shall be computed in all cases on the basis of
ultimate development of the entire watershed contributing runoff water to the
proposed subdivision, on the basis of concrete lined channels and streets carrying
storm water in the contributing area. All necessary storm drainage improvements
shall be in accordance with the Public Works Specifications Manual and shall
comply with the City?s Stormwater Pollution Prevention and Drainage Plan.
R.Curb and Gutter
Curbs and gutters shall be installed by the subdivider on both sides of all streets
within or forming part of the boundary of the subdivision. Curb and gutter shall
be constructed in accordance with the Public Works Specifications Manual. The
City Engineer may waive the requirements for construction of curb and gutter or
may approve an alternative curb and gutter construction where developments
result in an overall density of less than one (1) unit per one-half (1/2) acre.
S.Street Lights
1.Developers shall furnish satisfactory easements for installation of services
to street lights as required by the City and any applicable electric utility
provider.
2.Street light number, type and size shall be determined by the City and any
applicable electric utility provider and shall be designed to maximize the
light directed toward the ground.
3.The developer shall pay the cost of purchasing and installing all street
lighting equipment and the cost of all street lighting services for a period
of two (2) years or until such time as seventy percent (70%) of the
buildings for which building permits have been issued are completed,
whichever is sooner.
4.A detailed lighting plan shall be submitted with the Public Infrastructure
Improvement Plans for review and approval by the City and any
applicable electric utility provider.
T.Street Markers (Signs)
Street name, stop and speed limit signs having the following specifications shall
be erected at all street intersections in such subdivisions for street markers:
1.The material of the street name signs, the method of attaching the sign to
the post, the details of lettering, painting, and method of installation, as
well as the location of the sign at the intersection shall be in accordance
with the specifications in the Public Works Specifications Manual.
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2.The street name signs shall be of the crossarm type, and shall be
reflectorized on extruded aluminum metal blanks.
3.Street markers are to be provided by the developer.
Sec. 21.14.2 Criteria and Design
The criteria and specific design standards for transportation related development as described in
this Article are set by the City?s Public Works Specification Manual.
Sec. 21.14.3 Additional Design Requirements
A.Purpose and Applicability
1.The purpose of this section is to establish additional development
standards applicable to certain streets within the City to ensure uniform
and quality development resulting in an attractive environment compatible
with businesses and residential dwellings which does the following:
a.provides an environment and living conditions favorable to the
public;
b.provides a creative approach to land use and related physical
development;
c.creates a pattern of development which preserves trees and
outstanding natural topography and prevents soil erosion and
pollution;
d.encourages mixed use development through innovative uses of
modern development concepts; and
e.produces open space and recreation areas.
2.The requirements of this section shall be applicable to all roadways
classified as Principal Arterials or Secondary Arterials in accordance with
section 21.14.1 including, but not limited to, Schertz Parkway, FM 3009,
Old Wiederstein Road, Country Club Blvd, FM 78, FM 1518, FM 482,
and Wiederstein Road.
B.Permitted Uses
Buildings, structures and land shall be used in accordance with the uses permitted
in the applicable zoning district and shall comply with the dimensional
requirements of that district in accordance with Article 5 of this UDC.
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C.Landscape Buffer
In addition to the requirements of section 21.9.7 of this UDC for landscaping, a
minimum twenty foot (20?) wide landscape buffer shall be provided adjacent to
any public right-of-way. Trees shall be planted at an average density of one (1)
tree per twenty linear feet (20?) of street frontage. The landscape buffer shall
require an irrigation system and shall be maintained by the property owner.
D.Off-Street Parking
Off street parking is permitted adjacent to the landscape buffer along the right-of-
way. Parking and vehicular use areas adjacent to the right-of-way shall have land
berm walls or a vegetative hedge barrier to reduce vehicular reflections to the
right-of-way. A variance may be granted by the BOA which would allow a
reduction in the minimum required landscape buffer when off-street parking is
located entirely along the side or rear of the building or lot.
E.Building Setback Line
A minimum fifty foot (50?) building setback shall be required adjacent to all
rights-of-way. A variance may be granted by the BOA which would allow for a
reduction in the minimum required setback when an alternative site layout and
design provides for additional open space or landscaping and off-street parking
will be located entirely at the rear of the building or lot. In no case shall the
minimum building setback be reduced less than the minimum required setback for
the applicable zoning district in accordance with Article 5.
F.Driveways and Access (Connectivity)
Access shall be limited to provide for safe traffic flow and the design shall
provide interior drives to limit the number of accesses to the public right-of-way.
Access easement should be utilized to limit the number of driveway accesses.
Accesses should be planned to match existing driveways or street intersections on
the opposite side of the street. All driveways shall have a minimum sight distance
of 240 feet.
G.Screening
A masonry screening wall a minimum of eight foot (8?) in height shall be
provided where the rear yard of any residential or nonresidential lot abuts a
Principal or Secondary Arterial. Any masonry screening wall constructed as part
of a new residential subdivision shall be constructed of a like and similar material
and color as screening walls in adjacent subdivisions to provide a consistent
streetscape.
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Sec. 21.14.4 Alleys
A.Commercial and Industrial Districts
Where provided, paved alleys not less than twenty-four feet (24?) wide shall be
provided in all commercial or industrial districts to assure adequate provision is
made for service access, such as off-street loading, unloading and parking
consistent with an adequate plan for the uses proposed. Alleys provided within
commercial and industrial districts shall be privately owned and maintained.
B.Garden Home (GH) Zoning Districts
Where garden home districts are designated by the developer to require rear
ingress/egress, a twenty-four feet (24?) paved alley shall be provided.
C.Intersections and Turns
Alley intersections and sharp changes in alignment shall be avoided, but where
two (2) alleys intersect, or an alley turns at an angle sharper than one hundred
degrees (100°), a cut off of not less than ten feet (10?) from the normal
intersection of the property lines shall be provided and shall be designed in
accordance with the adopted Fire Code.
D.Dead End Alleys
Dead end alleys are prohibited.
E.Construction Standards
All alleys shall be constructed in accordance with the standards prescribed in the
Public Works Specifications Manual.
F.Limitations
Construction of alleys is limited to commercial and industrial districts and
prohibited in residential areas except in garden home zoning districts.
G.Drainage
Drainage design of alleys shall be designed on the basis of twenty-five (25) year
frequency to carry storm water from only the lots within the block abutting the
alleys.
Sec. 21.14.5 Driveways
The arrangement, placement, spacing, width and return radii of all driveways connecting to a
street, roadway or alley shall be constructed, provided, altered or repaired in accordance with
requirements of the Public Works Specifications Manual.
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A.Commercial property
1.Curb cuts for commercial driveway aprons shall not exceed thirty feet
(30?) in width, and the aggregate width of all curb cuts shall not exceed
fifty percent (50%) of the parcel frontage.
2.Where multiple driveway aprons are used for commercial property, the
curb cuts shall be at least twenty feet (20?) apart.
3.For parcels of commercial property with less than one hundred feet (100?)
of frontage, a maximum of two (2) curb cuts will be permitted.
4.For parcels of commercial property, no curb cut will be permitted for any
parking facility which requires vehicles to enter a street in reverse.
B.Curb cuts in curb returns
No curb cut in curb returns will be permitted in the City.
C.Waivers
Where the City Manager or his/her designee finds that extraordinary hardship
may result from strict compliance with the regulations prescribed in this Article,
the City Manager or his/her designee may vary the regulations so that substantial
justice may be done and the public interest secured, provided that such waiver
will not have the effect of nullifying the intent and purpose of this Article. In
granting waivers and modifications, the City Manager or his/her designee may
require such conditions as will, in his/her judgment, secure substantially the
objective of the standards or requirements so varied or modified. In the event the
City Manager or his/her designee should disapprove a request for a waiver, the
applicant may request an appeal to the Board of Adjustment.
Sec. 21.14.6 Sidewalks and Hike and Bike Trails
A.Requirement
Sidewalks shall be required along both sides of all streets throughout the City as
required in section 21.14.1, except along Interstate Highways 35 and 10. All lots
must have access to concrete sidewalks.
B.Curb Ramps
Curb ramps shall be provided at all street intersections at the time of construction
or reconstruction and shall comply with the provisions in the Federal Register 28,
CFR part 36 (Americans with Disabilities Act or ADA) and Texas Accessibility
Standards as amended from time to time.
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C.Location and Width
Where sidewalks are required, they shall be installed in accordance with the
Public Works Specifications Manual and shall be a minimum of five feet (5?) in
width. Sidewalks shall be placed parallel to the street for the entire frontage(s) of
the lot and shall be located a minimum of two feet (2?) behind the curb.
D.Timing of Construction
Sidewalks shall generally be installed concurrently with the construction of the
primary structure on a lot except on primary or secondary arterials where they
shall be installed concurrently with street construction.
E.Construction Concurrent with Street Construction
If a street is constructed which shall have no residential lot access points, then
sidewalks shall be installed concurrently with street construction.
F.Corner Lot
Where sidewalks are installed on corner lots, sidewalks shall be installed along
both street frontages and shall be extended to the curb with handicapped access
ramps in accordance with current ADA and Texas Accessibility standards.
G.Waiver or Deferment of Sidewalk Installation
The City Manager or the City Engineer may waive the requirements of this
section where he/she finds that topographical conditions or other unique
conditions exist which would preclude the construction of sidewalks. The
Planning and Zoning Commission may defer the installation of sidewalks to a
time deemed more appropriate. In the event that the installation of sidewalks is
deferred, the developer shall provide a subdivision improvement agreement in
accordance with section 21.4.15 guaranteeing the installation of sidewalks.
H.Hike and Bike Trails
The City recognizes the need for connectivity and adequate access to and from
public parkland areas and to provide for safe bicycling and pedestrian
transportation. All streets subject to this Article with at least an eighty-six inch
(86?) ROW shall be required to construct a minimum eight foot (8?) wide hike
and bike path located within the ROW five (5?) foot behind the curb. This hike
and bike path is required in-lieu of construction of a sidewalk along one (1) side
of the street. Additionally, hike and bike trails shall conform to the requirements
as set forth in the City?s Parks Master Plan.
In-lieu of construction of sidewalks in accordance with this Article, the City may,
at its option, require construction of a hike and bike path adjacent to the street
right-of-way. Any required hike and bike path shall be constructed in-lieu of the
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minimum sidewalk along one (1) side of the street, unless under the requirements
of section 21.14.3.D above.
Sec. 21.14.7 Traffic Impact Analysis
A.Application Requirements
Every application for development within the City or its ETJ shall be
accompanied by a Traffic Impact Analysis (TIA) Determination Form provided in
the Development Services Department Development Manual. The TIA
Determination Form shall be utilized to determine if a TIA is required.
B.TIA Required
The threshold requirement for a TIA and the level of TIA required shall be based
on a land use or combination of land uses that results in peak hour trips in
accordance with Table 21.14.7A. If the proposed land use does not exceed the
peak hour trip threshold, a TIA waiver shall be noted on the TIA Determination
Form.
Table 21.14.7A
TIA Requirements
Peak Hour Trips Generated TIA Level Required
1,001 or more Level 3 TIA
501 ? 1,000 Level 2 TIA
101 ? 500 Level 1 TIA
100 or less None Required
C.TIA Scope
If a TIA is required, the applicant shall meet with the City Engineer to determine
the scope for the study prior to beginning work on the TIA. The applicant shall
be prepared, prior to the meeting with the City Engineer, to discuss potential
intersections to be evaluated, data assumptions or any other information required
by the City Engineer.
D.TIA Study Area
The study area required for the TIA shall be based on the level of the TIA
required in Paragraph B above. The City Engineer may, at his/her discretion,
require additional area to be included in the study area if deemed necessary to
provide adequate review of the transportation network. The following Table
21.14.7B identifies the minimum acceptable study area:
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Table 21.14.7B
TIA Study Areas
TIA Level Study Area
Level 1 or 2 TIA The site area and the area within a one
quarter (1/4) mile radius from the boundary
of the site.
Level 2 TIA At the discretion of the City?s Engineer, the
study area may be extended up to a
maximum of one (1) mile from boundary of
the site.
Level 3 TIA The site area and the area within a one (1)
mile radius from the boundary of the site.
E.TIA Contents
The TIA shall conform to accepted industry standards and shall include a detailed
description of the area street network, a description of proposed land uses, the
anticipated stages of construction, the anticipated completion date of the various
phases of land development, and the trigger points requiring implementation of
necessary improvements. The City Engineer may require any additional
information necessary to ensure adequate review. The TIA shall contain, at a
minimum, the following information:
1.trip generation rates for both the A.M. and P.M. peak periods using the
Institute of Transportation Engineers, Trip Generation Manual for all of
the land uses specified;
2.trip distribution;
3.adequacy determination for existing and proposed street cross-sections by
phase of development;
4.intersection level of service analysis for each phase of development,
driveway sizes, locations, and adequacy;
5.layout showing lane usage (pavement marking layout) for all boundary
streets including driveway locations and roadway geometry within the
site;
6.driveways and intersecting streets connecting to boundary streets
including all lane widths, traffic islands, medians, sidewalks, curbs, traffic
control devices and existing pavement conditions;
7.existing and proposed turning movement counts for the site;
8.identification of and timing for transportation improvements, if any,
needed to maintain the same or higher level of service than exists prior to
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development during each phase of land development and the costs of those
improvements, including costs of right-of-way acquisition, utility
relocation, design and construction;
9.the TIA shall
a.establish the baseline traffic conditions and peak hour operations
prior to development of the subdivision or site, which baseline
shall establish the existing level of service that is to be maintained
or bettered as the owners develop the subdivision or site over time;
and
b.address streets and street intersections, and driveways on
commercial sites;
10.for projects adjacent to a TxDOT ROW, the TIA shall be accompanied by
a letter from TxDOT which outlines any agreements between the
developer and TxDOT for planned improvements; and
11.the TIA shall be certified by a registered engineer with experience in the
field of traffic engineering.
F.TIA Submittal
Upon completion of the TIA, the applicant shall submit a minimum of three (3)
copies of the report to the City Engineer who will distribute the report to the
appropriate review authorities including TxDOT.
G.TIA Review
The TIA shall be reviewed by the City Engineer and any other necessary review
authorities. Review comments shall be provided to the applicant for response.
Response by the applicant shall be in the form of a letter, technical memorandum,
or other appropriate document. The applicant shall submit final copies of the TIA
to the City Engineer containing all modifications prior to final approval of the
application for which the TIA was conducted.
H.City Assistance in Development
During the course of providing for improvements, the City may cooperate with
the developer in the use of its governmental powers to assist in the timely and cost
effective implementation of improvements. Assistance shall not mean financial
aid in actual easement acquisition, construction or engineering costs. Specifically,
the City agrees to:
1.assist in the acquisition of necessary right-of-way and easements;
2.assist in the relocation of utilities;
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3.assist in obtaining approvals from applicable County entities;
4.assist in obtaining approvals from TxDOT; and
5.assist in securing financial participation for major street improvements
from applicable County entities, TxDOT or the Metropolitan Planning
Organization.
I.TIA Revisions
It is recognized that the scope of the developer?s plans may change from time to
time. The monitoring reports may also demonstrate changes in the area street
conditions and travel patterns within and around the City. Periodic updates to the
TIA may be required to address these issues and identify changes to the level of
service at study intersections and streets. These updates shall address
modifications to the magnitude and timing of improvements recommended by the
original TIA. Any TIA amendments must be acceptable to the City.
End of Article 14
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Article 15Easements and Utilities
Sec. 21.15.1 Easements
A.Utility Easements
Utility easements including natural gas shall be provided for the installation of
utilities in accordance with the requirements of the City. In general, these
easements shall be in the front of residential development lots.
B.Drainage Easements
1.When a subdivision is traversed by a watercourse, drainage way, channel,
or stream, a storm water easement or drainage rights-of-way (?ROW?)
shall be provided. Said easement or drainage ROW shall substantially
encompass the boundaries of said water course and shall be of sufficient
width, in accordance with the construction standards in the Public Works
Specifications Manual.
2.Drainage or storm water easements may be constructed as open earth
channels or concrete drainage structures and shall be maintained by the
developer or his/her assigns.
3.Drainage ROW shall contain concrete drainage structures or underground
piping and shall be dedicated to and maintained by the City or other
applicable jurisdictions.
C.Access Easements
In an effort to reduce the congestion created by a number of driveways along
street rights-of-way while maintaining adequate access to developments, the City
may allow Access Easements to be dedicated within and across developments of
similar use. These easements shall be twenty-four feet (24?) in width and meet
the minimum construction requirements for streets as required by this UDC and
the Public Works Specifications Manual.
Sec. 21.15.2 Water Systems
A.Installation of Water Facilities
All lots, tracts or parcels on which development is proposed shall be connected to
a public water system which has capacity to provide water for domestic use and
emergency purposes, including adequate fire protection. Where water is to be
provided through the City system, the developer shall install adequate water
facilities, including fire hydrants, in accordance with all applicable regulations of
the State, the City and any other agency regulating public water systems.
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B.Alternative Water Sources
An alternative source of water within a development may be used for irrigation or
other similar purposes, subject to City approval and the obtaining of all
appropriate permits from the City, State and any other applicable agency. An
alternative water source may not be used for potable water supply under any
circumstances. The design and construction of water system improvements and
alternative water sources shall comply with the rules and regulations of the City,
State or any other applicable agency.
C.Location and Cost of Installation
The location of all fire hydrants, all water supply improvements and the boundary
lines of special districts, private systems and certified water service areas,
indicating all improvements proposed to be served, shall be shown on the
construction plans. The cost of installing all water supply improvements to be
made by the developer, including off-site improvements, shall be included in the
performance guarantees furnished by the developer.
D.Extension of Lines
Extension of water and wastewater lines shall be made along the entire frontage
of the subdivision adjacent to a street or thoroughfare. If the subdivision is not
adjacent to a thoroughfare, the extension of utilities shall be accomplished in such
a manner as to allow future connections to said utilities by new subdivisions. If
new subdivisions will never be constructed beyond a developing subdivision due
to physical constraints, the Public Works Director may waive the requirement for
adjacent utility line construction at the time of final plat approval and prior to
construction of the subdivision.
E.Fire Hydrants
1.Fire hydrants are to be properly located so there will be a fire hydrant
every 300 feet in commercial and industrial areas and every 500 feet in
residential areas.
2.Any new fire hydrant is required to have a hydrant locater reflector (blue
bump) installed in the roadway perpendicular to the hydrant.
F.Individual Wells
1.Within the City Limits
A new development served by individual wells within the City limits is
prohibited.
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2.Within the ETJ
Individual wells within the ETJ shall be subject to approval by the City.
The developer must submit with the plat application a certificate from a
professional engineer registered in this state or a geoscientist licensed to
practice in Texas verifying the adequacy of the proposed source of well
supply prior to plat approval.
3.Compliance with Other Regulations
Installation, operations and maintenance of individual wells shall comply
with City standards, regulations of the TCEQ, any other applicable State
rules and regulations, and applicable regulations of groundwater
conservation districts. In the event of conflict among these regulations,
whichever is the most stringent shall apply.
G.Design and Construction
All water facilities within a subdivision shall be designed and constructed to the
standards as set forth in the Public Works Specifications Manual. Said facilities
shall meet all State and federal regulations pertaining to approved public water
systems including regulations regarding the preparation, submittal and approval of
plans and specifications for water systems. Design of water facilities shall also be
in conformance with all laws, policies, standards, rules and regulations for
establishing the fire insurance key rate for the City.
H.Other Water Systems
For water systems other than the City system, the following shall apply:
1.At time of preliminary platting the applicant shall provide the City with a
letter of approval from the TCEQ certifying that the water system serving
the development is in compliance with the rules and regulations of the
TCEQ and that the public water system provider holds a current valid
Certificate of Convenience and Necessity (CCN) for the area proposed for
development. The letter of approval from the TCEQ shall be accompanied
by a map delineating the boundaries of the CCN in the vicinity of the
development.
2.For developments in the ETJ, the developer shall obtain approval and
signature of the appropriate county health official on the water system
statement as shown on the preliminary plat prior to Planning and Zoning
Commission approval. The water system statement as shown on the plat,
indicates that the development will be served by a water system meeting
City standards, as stated in sec. 21.15.2. F. and the applicable standards of
the water purveyor.
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3.Plans and specifications for all water systems to serve the development
shall be submitted as part of the subdivision construction plans.
Sec. 21.15.3 Wastewater Systems
A.Wastewater Connection Required
All lots within a subdivision shall be provided with a connection to an approved
public wastewater system unless otherwise approved by the City. Establishment
of a private wastewater utility district within the City or within the City?s ETJ
shall be prohibited.
B.Installation of Wastewater Facilities
All lots, tracts or parcels on which development is proposed shall be connected to
a public wastewater system which has adequate capacity to provide water for
proper disposal and treatment of wastewater. Where wastewater is to be provided
through a centralized system, the developer shall install adequate facilities,
subject to the standards and specifications of the City and state design criteria for
wastewater systems. Where insufficient capacity exists downstream of a
proposed connection, the replacement and upsizing of the existing main is
required of the developer. The installation of a parallel main shall be subject to
approval by the City.
C.Location and Cost of Installation
The location of all wastewater improvements and the boundary lines of special
districts, private systems and certified areas, indicating all improvements
proposed to be served, shall be shown on construction plans. The cost of installing
all wastewater improvements to be made by the developer, including off-site
improvements, shall be included in the performance guarantees furnished by the
developer.
D.Future Extension of Lines
Pipe stub-outs shall be located in manholes to facilitate the future extension of
wastewater lines. The Public Works Director will determine the location and size
of the stub-outs.
E.On-Site Sewage Facilities (OSSF)
The use of OSSF for the treatment and disposal of wastewater shall be subject to
the approval of the City. The minimum lot area for residential subdivisions shall
be a minimum one-half (1/2) acre (21,780 square feet). OSSF shall be installed
on each lot concurrent with any development thereon and the design of such
system and the method of installation shall conform in all respects to the
standards and specifications of the City, County and State design criteria for
OSSF.
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Sec. 21.15.4 Utilities
All utilities, including, but not limited to, electrical wiring, natural gas, telephone, cable, internet
and security systems, shall be located in the front 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 finds
that unique conditions supporting such waiver exist within the development or along rights-of-
ways.
End of Article 15
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Article 16Definitions
For the purposes of this UDC, the following terms, phrases, words and their derivations shall
have the meaning given in this section. When not inconsistent with the context, words used in the
present tense include the future; words used in the singular number include the plural number;
and words in the plural number include the singular number. The words ?shall? and ?will? are
always mandatory, while the word ?may? is merely discretionary.
Any term not expressly defined in this Article shall be defined by a common planning definition
from the American Planning Association?s, A Planners Dictionary. The City Manager, upon the
recommendation of the City Manager or his/her designee, shall determine the appropriateness of
a definition.
?A? Frame Sign: A temporary sign constructed in such a manner as to form an ?A? or a tent-like
shape, hinged or not hinged at the top with each angular face held at an appropriate distance so
as to be adequately secured by a supporting member. These signs may also be referred to as
sandwich board signs.
Abandoned or Obsolete Sign: A sign that no longer serves to direct attention to an event, person,
product, good, service, or activity, which is no longer conducted.
Accessory Buildings, Uses or Structures: One which:
a. is subordinate to and serves 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.
Advertising: To convey information, to seek the attraction of or to direct the attention of the
public to any location, event, person, product, good, service, activity, institution or business.
Advertising Vehicle: Any vehicle which has as its primary purpose the advertisement of an
event, person, product, good, service, activity, institution or business, whether located on-
premises or off-premises.
Agriculture: The use of land for the production and primary processing of food and fibers for
sale, including cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture,
animal and poultry husbandry, and such incidental accessory facilities as greenhouses and
nurseries, provided that the operation of such accessory facilities shall be clearly secondary to
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normal agricultural activities. Agriculture includes, but is not limited to, the related activities of
tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to,
the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep,
goats, hogs, horses, and poultry and handling their by-products.
Airport, Heliport or Landing Field: A place where aircraft and/or helicopters can land and take
off, usually equipped with hangars, facilities for refueling and repair, and various
accommodations for passengers.
Alcohol Package Sales: An establishment engaged in the selling of alcoholic beverages to the
general public for off-site personal or household consumption.
Alley: A public right-of-way which provides a secondary means of vehicular access to abutting
property and which is used primarily for vehicular traffic to the rear or side of properties which
otherwise abut on a street. Specifically authorized in garden home subdivisions for access to rear
entrance garages.
Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high-velocity flows; active processes of
erosion, sediment transport, and deposition; and unpredictable flow paths.
Alternative Tower Structure: Clock towers, steeples, light poles and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas or towers. See also the
definition of ?stealth facility?.
Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur
radio station license from the Federal Communications Commission.
Annexation: The act of incorporating an area into the domain of the City.
Antenna: A device used in communications, which transmits or receives radio signals, television
signals, digital signals, analog signals, radio frequencies (excluding radar signals), wireless
telecommunications signals or other communication signals.
Antenna and/or Antenna Support Structure, Commercial: An antenna and its support structure
used for commercial broadcasting or telecommunication purposes and the transmission,
retransmission, and/or reception of electromagnetic radio, television, or microwave signals. All
radiating equipment must comply with Federal Communications Commission (FCC),
Environmental Protection Agency (EPA), Occupational Health and Safety Administration
(OSHA), and all other applicable State and Federal regulatory agency requirements and
guidelines for human safety, as they exist or may be amended. The antenna may be a tower,
mast, pole, tripod or box frame. Preferably the antenna may be in stealth form designed to be
non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth
antennas include, but are not limited to:
a. antennas within a building?s attic space;
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b. an the roof of a minimum three (3) story building and not visible from the
property line of the lot in which the antenna is located;
c. a public utility structure, such as a water tower or high transmission support
tower;
d. a flagpole;
e. a church steeple;
f. a clock tower; or
g. an athletic field light pole.
Antenna, Building Attached: An antenna attached to an existing structure in two (2) general
forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-
mounted, in which antennas are placed on the sides of buildings. These antennas can also be
mounted on structures such as water tanks, billboards, church steeples, electrical transmission
towers, etc.
Antenna Facility: The mast, pole, structure, tower, building, equipment and other supporting
material used to mount the antenna and equipment, equipment storage buildings and equipment
concealing or screening structures needed to operate an antenna.
Antique Shop: A retail establishment engaged in the selling of works of art, furniture, or other
artifacts of an earlier period, with all sales and storage occurring inside a building.
Apartment: A dwelling unit in an apartment building.
Apartment Building: A building or portion thereof housing three (3) or more dwelling units.
Apex: A point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appliance, Furniture and Home Furnishings Store: Retail establishments selling goods used for
furnishing the home, including, but not limited to, furniture, floor coverings, draperies, domestic
stoves, refrigerators, and other household electrical and gas appliances.
Approved Plat: The plat of a subdivision which has been approved in accordance with the
requirements of this UDC and which has been filed for record with the county clerk in which the
land lies.
Area of Shallow Flooding: A designated AO, AH, or VO zone on the Flood Insurance Rate Map
(FIRM) for the City and its ETJ with a one percent (1%) or greater chance of flooding in any
given year to an average depth of one (1) to three (3) feet where a clearly defined channel does
not exit, where path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
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Area of Special Flood Hazard: The land in the floodplain within the City and its ETJ subject to a
one percent or greater chance of flooding in any given year. The area may be designated as Zone
A or AE on the FIRM.
Art Gallery/Library/Museum: A building serving as a repository for a collection of natural,
scientific,, artistic, or literary objects of interest, and designed to be used for viewing, with or
without an admission charge, and which may include as an accessory use the sale of goods.
Assisted Care or Living Facility: A facility which provides residence and care to ten or more
persons regardless of legal relationship who are:
a. elderly;
b. disabled;
c. orphaned;
d. abandoned;
e. abused, or neglected children;
f. victims of domestic violence;
g. convalescing from illness;
h. terminally ill; or
i. temporarily homeless due to fire, natural disaster, or financial setback together
with supervisory personnel.
This definition shall also include a facility providing health care or rehabilitative services over a
long period of time to persons chronically ill, aged, or disabled due to injury or disease.
Automobile Parking Structure/Garage: An area or structure where the parking of motor vehicles
serves as the primary use of the lot whether or not a fee is charged. This use does not include the
storage of gasoline.
Automobile Parts Sales: The use of any building for the display and sale of new or used parts,
including tires.
Automobile Repair, Major: General repairs or reconditioning of engines, air-conditioning
systems, and transmissions for motor vehicles; wrecker or towing service with on-site storage of
vehicles; collision services including body, frame, or fender straightening or repair; customizing;
painting; vehicle steam cleaning; tire retreading; muffler services; upholstery shop; insurance
estimations with on-site storage; undercoating and rust proofing, and other similar uses.
Automobile Repair, Minor: An establishment used for the dispensing or sales of automobile
fuels, lubricants, and automobile accessories; the minor repair or replacement of parts and
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performing State inspections and making minor repairs necessary to pass said inspection;
automobile detailing; window tinting; and the sales and installation of automobile radios. Uses
listed under ?Automobile Repair, Major? or any other similar uses are not included.
Automobile Sales New or Used: Sales, rental, and/or lease of new or used automobiles or light
load vehicles, including as an accessory use: Automobile Repair, Major.
Balloon Sign: One or more inflatable devices filled with lighter-than-air gas used as a temporary
sign for the purpose of directing attention to any location, event, person, product, good, service,
activity, institution or business.
Bandit Sign: Any temporary ground sign announcing a subdivision, new development or
builder.
Bank, Saving and Loan, Credit Union: An establishment for the custody, loan, exchange or issue
of money, the extension of credit, and/or facilitating the transmission of funds, including
automated teller machines.
Banner Sign: A temporary sign constructed of a natural or man-made flexible material
including, but not limited to, cloth, canvas, vinyl, or fabric which can be easily folded or rolled
that is mounted with or without an enclosing framework that is attached or tethered to the
building or structures.
Base Flood: The flood having a one percent chance of being equaled or exceeded in any given
year.
Basement: A story (or portion of a story) wholly or partly below curb level with at least one-half
of its height (measured from floor to ceiling) below the 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.
Beauty Salon/Barber Shop: An establishment primarily engaged in providing services generally
involved in the care of the person or his/her appearance including, but not limited to, barber and
beauty shops, nail and pedicure salons, tanning salons, ear piercing shops, cosmetic tattooing
shops, and reducing salons.
Bed and Breakfast Inn: An owner (or operator) occupied residence with up to five (5) bedrooms
available for overnight guests. A Bed and Breakfast Inn may provide for guest stays up to 14
consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities
may be included to provide meals for guests only; however, no food preparation shall be
permitted in guest bedrooms. A Bed and Breakfast Inn shall not include restaurants, banquet
facilities, or similar services.
Billboard: Any sign erected and used for, or designed to be used for, the display of advertising
material for the purpose of advertising a location, event, person, product, good, service, activity,
institution or business not located on the same premises as the billboard. Mobile advertising and
hand-carried signs shall not be considered as billboards.
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Block: A tract of land bounded by streets or a combination of streets and public parks, or
corporate boundaries of the City.
Board of Adjustment (BOA): The Board established by City Council under the City Charter and
the Texas Local Government Code that reviews and acts upon requests for variances or appeals
and whose duties and responsibilities are specifically provided for in section 21.3.4 of this UDC.
Boarding House: A building other than hotel, motel, or an apartment hotel where, for
compensation and prearrangement for a definite period, meals or lodging and meals are provided
for three (3) or more persons, but not exceeding twenty (20) persons.
Bottling Works: A manufacturing facility designed to place a beverage into a bottle or can for
distribution.
Boundary Street: A public street which is adjacent to and abutting one (1) or more sides of the
proposed site.
Buffer Zone: A strip of land created to separate and protect one type of land use from another.
Building: Any structure which:
a. is permanently affixed to the land;
b. has one (1) or more floors and a roof; and
c. is bounded by either open area or lot lines.
A building shall not include such structures as billboards, fences or radio towers, or structures
with interior surfaces not normally accessible for human use, such as tanks, smoke stacks, grain
elevators, oil cracking towers or similar structures.
Building Area: The total square footage on a lot covered by a building measured on a horizontal
plane at mean grade level.
Building, Detached: A building which is surrounded by yards or open space on its own building
lot.
Building Envelope: The net cubic space that remains for placing a structure on a site after
building line, setback, side yard, height and bulk regulations are observed.
Building Height: The vertical distance between the average natural grade of the ground under
the footprint of a building and the highest point of the coping of a flat roof, or to the deck line of
a mansard roof, or to the mean height level between the eaves and ridge for a gable, hip or
gambrel roof. A chimney, cupola or dormer (four feet or less in height), flagpole or residential
television antenna shall be exempt from the above requirements.
Building Materials And Hardware Store: An establishment for the sale of materials customarily
used in the construction of buildings and other structures.
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Building Mounted Sign: A sign attached to, or supported by any part of the building that
encloses or covers usable space and is related to the business within, including but not limited to
wall signs, signage on awnings, canopies, or marquees, and projecting signs.
Building Setback Line: A building limit fixed at a specific distance from the front, rear or side
boundaries of a lot beyond which a building cannot lawfully extend.
Building Sign: Any sign identifying the name or title of a specific building.
Cabinet/Upholstery Shop: An establishment for the production, display, and sale of cabinets,
furniture, and soft coverings for furniture.
Camping Trailer: A folding structure, mounted on wheels and designed for travel, recreation,
and vacation and which can be readily towed over the road by a motor vehicle.
Canopy: A roof like cover including an awning that projects from the wall of a building over a
door, entrance or window; a free standing or projecting cover above an outdoor service area such
as a gasoline service station.
Carport: A roofed structure for use as an automobile shelter, open on at least two sides with
inside dimensions not less than 10? by 20?.
Car Wash, Automated: A facility where a customer can have a motorcycle, automobile and light
load vehicle washed in exchange for financial consideration.
Car Wash, Self Serve: A facility, typically coin operated, used by the customer to wash
motorcycles, automobiles and light load vehicles.
Cemetery or Mausoleum: Property used for the interring of the dead.
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 permitted 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.
City: The City of Schertz, Texas
City Council: The City Council of the City of Schertz, Texas.
City Engineer: A registered professional engineer employed or designated by the City to provide
professional engineering services for and on behalf of the City.
Civic/Convention Center: A building or complex of buildings used for cultural, recreational,
athletic, convention, or entertainment purposes.
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Clinic: An establishment of offices in which a group of physicians, dentists or other practitioners
of the healing arts and allied professional assistants are associated for the purpose of diagnosing
and treating ill or injured persons. A clinic may include a medical or dental laboratory, but may
not include facilities for providing room or board for patients, nor may a clinic include offices or
facilities for veterinarians.
Club or lodge: An association of persons for the promotion of some nonprofit common objective
such as literature, science, politics, good fellowship and similar objectives which meets
periodically and which is limited to members.
Co-location: The act of locating wireless communications equipment for more than one (1)
telecommunications carrier on a single Antenna Facility.
College, University, or Trade School: An institution established for educational purposes
offering courses for study beyond the secondary education level, including trade schools and
commercial schools offering training or instruction in a trade, art, or occupation.
Commercial Amusement, Indoor: An enterprise providing for indoor recreational activities,
services, amusements, and instruction for an admission fee. Uses include, but are not limited to,
bowling alleys, ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice
areas.
Commercial Amusement, Outdoor: An enterprise providing for outdoor recreational activities,
services, amusements, and instruction for an admission fee, including, but not limited to, batting
cages, miniature golf, go-kart tracts, and carnivals.
Commercial Farm Ranch: A tract of unplatted land which is used for agricultural activities such
as production of cash crops or raising of livestock for the purpose of obtaining a profit in money.
Includes agricultural dwelling and accessory buildings and structures necessary to the operation
of the farm/ranch.
Common Area: An area within a subdivision not used for development which is usually owned
and maintained by subdivision homeowners associations.
Community Center: A building or portion of a building owned and/or operated by a government
entity or not-for-profit agency in which facilities are provided for civic, educational, political, or
social purposes.
Community Service Sign: Any sign that solicits support for or advertises a non-profit
community location, event, person, product, good, service, institution or business, a public
activity, location, event, person, product, good, service institution or business.
Comprehensive Land Plan: The Comprehensive Land Plan of the City, as approved by the City
Council and including any unit or part of such plan separately adopted and any amendments to
such plan or parts thereof.
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Concrete/Asphalt Batching Plant: A permanent manufacturing facility for the production of
concrete or asphalt.
Convalescent Home: Any structure used or occupied by three (3) or more persons recovering
from illness or receiving geriatric care for compensation.
Convenience Store with Gas Pumps: A retail establishment that sells food and other consumable
and non-consumable products for off-premise use or consumption. This definition shall also
include the dispensing or sale of motor vehicle fuels, lubricants, and accessories, but shall not
include automotive repair or the sale of replacement parts.
Court: An open, unoccupied space bounded on more than two (2) sides by walls. An inner court
is entirely surrounded by the exterior walls of a building. An outer court has one (1) side open to
a street, alley, yard or other permanent open space.
Critical Feature: An integral and readily identifiable part of a flood protection system, without
which the flood protection provided by the entire system would be compromised.
Cul-de-sac: A street having but one (1) outlet to another street, and terminated on the opposite
end by a vehicular turn around.
Damaged Sign:
a. any sign where any portion of the finished material, surface or message area of
the sign is visibly faded, flaked, broken off, missing, cracked, splintered,
defective or is otherwise deteriorated or in a state of disrepair so as not to
substantially appear as it was intended or designed to appear when originally
constructed; or
b. any sign whose elements or the structural support or frame members are visibly
bent, broken, dented, torn, twisted, leaning or at angles other than those at which
it was originally erected.
Dance Hall/Night Club: An establishment open to the general public for entertainment; in
particular, dancing.
Day Care Center: A commercial institution or place designed for the care of children or adults
and is subject to registration with the Texas Department of Protective and Regulatory Services.
This use shall not include overnight lodging, medical treatment, counseling, or rehabilitative
services and does not apply to any school.
Dead End Street: A roadway, other than cul-de-sac, with only one (1) outlet.
Density: The number of units per acre that may be placed on a tract in a particular zoning
district under specified development conditions.
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Development: Any manmade change in improved and unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment.
Development Permit: Any permit, license, authority, order, approval, certificate, endorsement,
or permission, required from the City prior to the commencement or completion of any phase of
development.
Development Sign: A temporary freestanding sign which, by means of symbol or name,
identifies a shopping center, commercial or industrial park, residential subdivision or other
development that may contain a mixture of residential, commercial, or industrial uses.
Directional Sign: Any sign designed to provide direction to pedestrian and/or vehicular traffic.
Director of Development Services: The officer so designated by the City Manager.
Distribution Center: A warehouse or storage facility where the emphasis is on processing and
moving goods on to wholesalers, retailers, or consumers rather than on storage.
Dormitory: Any structure specifically designed to house student tenants associated with a
university, college or school.
Dry Cleaning, Major: An industrial facility where fabrics are cleaned with substantially non-
aqueous organic solvents on a commercial or wholesale basis.
Dry Cleaning, Minor: A custom cleaning shop or pick-up station not exceeding six thousand
(6,000) square feet of floor area, including, but not limited to, dry cleaning plants having no
more than one thousand five hundred (1,500) square feet of floor area for dry cleaning
equipment.
Dwelling: Any building or portion thereof which is designed for or used for residential purposes.
Dwelling, Duplex: A building designed for or occupied exclusively, but separately, by two (2)
families.
Dwelling, Multifamily: A building or portion thereof containing three (3) or more dwelling
units.
Dwelling, Single-Family: A building designed for or occupied exclusively by one (1) family.
Dwelling Unit: A room, or suite of two (2) or more rooms, designed or intended for use by an
individual or family in which culinary and sanitary convenience are provided for the exclusive
use of such individual or family.
Easement: An acquired privilege or right-of-way use which one (1) person, business, entity
and/or public agency has across, over or under land of another person, business, entity and/or
public agency.
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Electronic Sign: A variable message sign that utilizes computer-generated messages or some
other electronic means of changing copy. These signs include displays using incandescent lamps,
LEDs, or LCDs.
Elevated Building: A non-basement building (i) built, in the case of the building in Zones A1-
30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or the case of the
building in Zones V1-30, VE, or V, to have the bottom level of the lowest horizontal structure
member of the pilings, columns (posts and pliers), or shear walls parallel to the floor of the water
and (ii) adequately anchored so as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO,
AH, B, C, X, D, ?elevated building? also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of
flood waters. In the case of Zones V1-30, VI, or V, ?elevated building? also includes a building
otherwise meeting the definition of ?elevated building?, even though the lower area is enclosed
by standards of section 60.3 (e)(5) of the National Flood Insurance Program regulations.
Extraterritorial Jurisdiction (ETJ): The ETJ of the City is the portion of the unincorporated area
that is contiguous to the corporate boundaries of the City and not already in the incorporated area
or ETJ of another City as set out in section 42.021 of the Texas Local Government Code.
Family: Two or more persons occupying a single dwelling unit where all members are related by
blood, marriage or adoption. No single dwelling unit shall have more than four unrelated
individuals residing therein, nor shall any ?family? have, additionally, more than four unrelated
individuals residing with such family. The term ?family? does not include any organization or
institutional group that receives federal or State funding for the care of the individual.
Family Home: A community-based residential home operated by either the State of Texas, a
nonprofit corporation, a community center organized pursuant to State statute, or an entity which
is certified by the State as a provider for a program for the mentally retarded. Family homes
provide care for persons who have mental and/or physical impairments that substantially limit
one (1) or more major life activities. To qualify as a family home, a home must meet all of the
following requirements:
a. not more than six (6) disabled persons and two (2) supervisory personnel may
reside in a family home at the same time;
b. the home must provide food and shelter, personal guidance, care, rehabilitation
services, or supervision; and
c. all applicable licensing requirements must be met.
Farmers Market: An area containing individual vendors who offer fruits, vegetables, herbs,
spices, edible seeds, nuts, live plants, flowers, and honey for sale.
FEMA: Federal Emergency Management Agency.
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Filling, Retail Service Station: An establishment where gasoline, oil and grease, or automobile
accessories are sold, supplied or dispensed to the motor vehicle trade or where motor vehicles
receive limited repair, are equipped for service, or where electric storage batteries are charged
and cared for, or a place where any two (2) or more such activities are carried on or conducted as
the principal use of the establishment.
Fire Lane: A concrete or asphalt driving surface identified for use by fire, EMS and other
emergency vehicles within and maintained by the owners of a manufactured home park,
recreational vehicle park, apartment complex, malls/shopping center, commercial or business
area.
Flag: A piece of cloth, varying in size, shape, color, and design, usually attached at one edge to a
staff or cord, and used as the symbol of a nation, state, or organization, or as a means of
signaling.
Flea Market, Inside: A building or structure wherein space is rented to vendors on a short-term
basis for the sale of merchandise. The principal sales shall include new and used household
goods, personal effects, tools, art work, small household appliances, and similar merchandise,
objects, or equipment in small quantities. The term flea market shall not be deemed to include
wholesale sales establishments or rental services establishments, but shall be deemed to include
personal services establishments, food services establishments, retail sales establishments, and
auction establishments.
Flea Market, Outside: An outdoor site where space is rented to vendors on a short-term basis for
the sale of merchandise. The principal sales shall include new and used household goods,
personal effects, tools, art work, small household appliances, and similar merchandise, objects,
or equipment in small quantities. The term flea market shall not be deemed to include wholesale
sales establishments or rental services establishments, but shall be deemed to include personal
services establishments, food services establishments, retail sales establishments, and auction
establishments.
Flood or Flooding: A general and temporary condition of partial or complete inundation of areas
not ordinarily covered by water due to:
a. the overflow of inland or tidal waters; or
b. the usual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): The official maps of the City and its ETJ on which the
FEMA has delineated both the areas of special flood hazards and the risk premium zones
applicable to the areas mapped.
Flood Insurance Study: The official report provided by the FEMA. The report contains flood
profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway
Map.
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Flood Management: The operation of an overall program of corrective and preventive measures
for reducing flood damage, including but not limited to emergency preparedness plans, flood
control works and floodplain management regulations.
Flood Management Regulations: Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as the floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term
describes such State or local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
Flood Protection System: Those physical structural works for which funds have been authorized,
appropriated, and expended and which have been constructed specifically to modify flooding in
order to reduce the extent of the area within the City and its ETJ subject to a ?special flood
hazard? and the extent of the depths of associated flooding. Such a system typically includes
dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed
in conformance with sound engineering standards.
Flood Proofing: Any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodplain: Any land area susceptible to being inundated by water from any source.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
Fraternity, Sorority, Civic Club or Lodge: An organized group having a restricted membership
and specific purpose related to the welfare of the members including, but not limited to, Elks,
Masons, Knights of Columbus, Rotary International, Shriners, or a labor union.
Fraternity, Sorority or Group Student House: A building occupied by and maintained
exclusively for students affiliated with an academic or vocational institution.
Freestanding Sign: A sign that is not attached to a building and which is self supporting by use
of a pole, mast, pylon or other similar vertical support structure and has a minimum of thirty-six
(36) inches of ground clearance.
Frontage: All the property on one (1) side of a street between two (2) intersecting streets
(crossing or terminating) measured along the line of the street, or if the street is dead-ended, then
all the property abutting on one (1) side between an intersecting street and the dead end of the
street.
Garage, Private: A building designed or used for the storage of personally owned motor-driven
vehicles used by the occupants of the building.
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Garage, Public: A structure or building, other than a private garage, which is available to the
general public used primarily for the parking and storage of vehicles.
Garage Sale Sign: Any sign utilized to direct interested persons to the location of a garage sale
in accordance with Chapter 50 of the City?s Code of Ordinances.
Garden Home: An individually owned single-family home, separated from its neighbor by a
minimum of ten (10?) feet on a lot having a minimum of five thousand (5,000) square feet.
Gasoline Station/Fuel Pumps: A facility, equipment, or fixture used for retail dispensing of
motor vehicle fuels.
General Manufacturing/Industrial Uses: Manufacturing of finished products and component
products or parts through the processing of materials or substances, including basic industrial
processing. Such operations shall be determined by Health, Fire, and building officials not to be
a hazard or nuisance to adjacent property or the community at large, due to the possible emission
of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion,
or radiation.
Golf Course and/or Country Club: A land area and buildings used for golf, including fairways,
greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities.
This definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and
similar recreational or service uses available only to members and their guests.
Governmental Sign: Any sign indicating public facilities, public work projects, public services,
or other places, events, persons, products, goods, programs, activities or institutions conducted
by the Federal, State or any local government.
Group Home: A specialized lodging house and boarding house which provides long term
supervised housing in a conventional residential setting for 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) supervisory personnel in residence at the same time.
Gymnastics/Dance Studio: A building or portion of a building used as a place of work for a
gymnast, dancer, or martial artist or for instructional classes in gymnastics, dance, or martial arts.
Health/Fitness Center: A public or private facility operated to promote physical health and
fitness. Activities may include exercise, physical therapy, training, and education pertaining to
health and fitness. Uses or combination of uses or facilities typically include, but are not limited
to, game courts, weight lifting and exercise equipment, aerobics, swimming pools and spas, and
running or jogging tracts.
Highest Adjacent Grade: The highest natural elevation of the ground surface prior to
construction next to the proposed walls of structure.
Historic Structure: Any structure that is:
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a. listed individually in the Natural Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing in the National
Register;
b. certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
c. individually listed on the State inventory of historic places with historic
preservation programs that have been approved by the Secretary of the Interior; or
d. individually listed on a local inventory or historic places in communities with
historic preservation programs that have been certified either:
1. By any approved state program as determined by the Secretary of the
Interior; or
2. Directly by the Secretary of the Interior in states with approved programs.
Home Occupation: Any occupation or activity carried on by a member of the immediate family,
residing on the premises, which there is no sign used relating to the business or no display that
will indicate from the exterior that the building is being utilized in part for any purpose other
than that of a dwelling, and there is no commodity sold upon the premises; no person is
employed other than a member of the immediate family residing on the premises; and no
mechanical equipment is used except of a type that is similar in character to that normally used
for purely domestic or household purposes.
Homeowners Association: An organization formed for the maintenance and operation of the
common areas of the development. The membership in the association must be automatic with
the purchase of a dwelling unit or other property in the development.
Hospital, Sanitarium, Nursing or Convalescent home: A building or portion thereof used or
designed for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or
infirm persons; provided that this definition shall not include rooms in any residential dwelling,
hotel, apartment hotel not ordinarily intended to be occupied by said persons.
Hotel: A building used or intended to be used as living quarters for transient guests, but not
excluding permanent guests, and may include a cafe, drugstore, clothes pressing shop,
barbershop or other service facilities for the guests for compensation. This definition does not
include Bed and Breakfast and Boarding Houses.
Household Appliance Service and Repair: The maintenance and rehabilitation of appliances
customarily used in the home, including, but not limited to, washing and drying machines,
refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances,
and vacuum cleaners.
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Identification Sign: A sign whose purpose is to identify:
a. Street Address Sign/Markers: Address signs are composed of a numeric address
and street or complex name. Street markers are signs adjacent to streets required
by local government.
b. On-Premise Business Signs: Any sign which relates to the premises on which it is
located, referring exclusively to the location, event, person, product, good,
service, or activity of those premises, or the sale, lease or construction of those
premises.
c. Personal or Professional Signs and Nameplates: Any sign that lists exclusively a
name or names (including family/farm name signs).
Illegal Sign: A sign erected without a required permit, without the property owner?s permission,
or any sign not meeting the requirements established in this UDC.
Impervious Coverage: Impervious cover means impermeable surfaces which prevent the
infiltration of water into the underlying soil and bedrock (such as pavement, concrete or
rooftops).
Industrialized home: See ?Modular Home?.
In-Home Day Care: A home occupation that provides care for less than twenty-four (24) hours a
day to no more than six (6) children under the age of fourteen (14), plus no more than six (6)
additional elementary school-age children (age five (5) to thirteen(13)). The total number of
children, including the caretaker?s own children, is no more than twelve (12) at any time. This
use is subject to registration with the Texas Department of Protective and Regulatory Services.
Insurance Office: A building or facility used for the sales, management, and administration of
insurance services, including the estimation of automobile damages, but excluding on-site
parking/storage of damaged vehicles.
Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4)
or more children at any one (1) time during part of a twenty-four (24) hour day, which provides a
program of instruction for children below the first grade level in which constructive endeavors,
object lessons and helpful games are prominent features of the curriculum.
Landfill: A tract of land used for the burial of farm, residential, institutional, industrial, or
commercial waste that is not hazardous, medical, or radioactive.
Landscape: Covering, adorning, or improving property with living plants (such as trees, shrubs,
vines, grass or flowers), loose natural materials (such as rock, wood chips or shavings),
decorative manmade material (such as patterned paving materials, fences, walls, fountains, or
pools), or land contouring. ?Landscape? does not include improving property with artificial trees,
shrubs, turf or other artificial plants.
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Laundromat: A facility where patrons wash, dry, or dry-clean clothing and other fabrics in
machines operated by the patron.
Levee: A manmade structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
Levee System: A flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
Limited Access Highways: Interstate Highway 35 and Interstate Highway 10.
Livestock: Domestic animals used, raised or bred on a farm, especially those kept for a profit,
including, but not limited to, horses, ponies, mules, donkeys, cattle, goats, rabbits, sheep, or
fowl, regardless of age, sex or breed. Persons who possess, own or otherwise keep livestock
within the City in a residential zoned district where livestock is being kept, shall follow these
restrictions:
a. Livestock shall be kept on a parcel of land that is at least one (1) acre in size.
b. Livestock shall be kept in a stable, shed, pen or other enclosure wherever located
within the City, which shall be distance of at least one hundred feet (100?) for
every building/structure (other than the owner of such livestock) used for
sleeping, dining and living, and shall be kept in such a manner as will be
reasonably calculated not be offensive to neighbors or to the public.
c. Swine are prohibited.
d. The Code of Ordinances may include further restrictions.
Loading Dock Space: A space within the main building, or on the same lot therewith, providing
for the standing, loading or unloading of trucks and having a minimum dimension of twelve by
thirty-five feet (12? X 35?) and a vertical clearance of at least fourteen feet (14?).
Locksmith/Security System Company: Establishments primarily engaged in providing,
installing, repairing, and/or monitoring locks and electronic security systems.
Lot: A physically undivided tract or parcel of land having frontage on a public street or other
approved access and which is, or in the future may be, offered for sale, conveyance, transfer or
improvements; which is designated as a distinct and separate tract; and/or, which is identified by
a tract or lot number or symbol in a duly approved subdivision plat which has been properly
recorded.
Lot Depth: The distance of a line connecting the midpoints of the front and rear lot lines, which
line shall be at right angle to the front lot or radial to a curved lot line.
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Lot Width: The distance of a line (drawn perpendicular to the lot depth line) connecting the side
lot lines at the building setback line or at a point no farther than thirty-five (35?) feet from the
front lot line.
Lot Area: The area of a lot between lot lines, including any portion of an easement which may
exist within such lot lines.
Lot, Corner: A lot which has an interior angle of less than 135 degrees at the intersection of two
(2) street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents
of the curve at the points of the intersection of the side lot lines intersect at an interior angle of
less than 135 degrees.
Lot, Double Frontage: A lot having a frontage on two (2) nonintersecting streets as distinguished
from a corner lot.
Lot, Interior: A building lot other than a corner lot.
Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the
office of the County Clerk of Guadalupe, Bexar or Comal County; or a parcel of land, the deed
of which was recorded in the office of the County Clerk of Guadalupe, Bexar or Comal County.
Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an
area other than a basement area is not considered a building?s lowest floor; provided that such
enclosure is not built so as render the structure in violation of the applicable nonelevation design
requirement of section 60.3 of the National Flood Insurance Program regulations.
Manufactured Home, HUD Code: A structure constructed after June 15, 1976, according to the
rules of the United States Department of Housing and Urban Development, transportable in one
(1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty
(40) body feet or more in length, or, when erected on site, is three-hundred twenty (320) or more
square feet, and which is built on a permanent foundation designed to be used as a dwelling
when connected to the required utilities, and includes the plumbing, heating, air conditioning and
electrical systems and bears a seal issued in accordance with State law. All references in this
UDC to manufactured housing or manufactured home(s) shall be references to HUD Code
Manufactured Housing, unless otherwise specified.
Manufactured Home Park: A contiguous parcel or lot which is owned by an individual, firm,
trust, partnership, public or private association or corporation and on which individual portions
are leased for the placement of manufactured homes as a primary residence.
Manufactured Home Subdivision: A subdivision of land planned and improved for the
placement of manufactured homes for residential use on single lots with each lot individually
owned and meeting all requirements of this UDC.
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Mean Sea Level: For the purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown
on a community?s Flood Insurance Rate Map are referenced.
Medical, Dental or Professional Office/Clinic: A building used for the provision of executive,
management, or administrative services. Typical uses include, but are not limited to,
administrative offices and services including real estate, property management, investment,
insurance, medical, dental, legal, architect, engineer, travel, secretarial, accounting, auditing and
bookkeeping organizations and associations, and vehicle rental office without on-site storage of
fleet vehicles.
Menu Board Sign: A permanent freestanding sign displaying the type and price of food,
beverages or other products sold in connection with permitted outdoor dining or in connection
with a restaurant with drive-through service.
Mini-Warehouse/Public Storage: A building(s) containing separate, individual self-storage units
for rent or lease. The conduct of sales, business, or any activity other than storage shall be
prohibited within any individual storage unit.
Miscellaneous Hazardous Industrial Use: Any industrial use not specifically defined in this
section that is determined by Health, Fire or building officials to be a hazard or nuisance to
adjacent property or the community at large, due to the possible emission of excessive smoke,
noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.
Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or
more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40)
body feet or more in length, or when erected on site, is 320 or more square feet, and which is
built on a permanent chassis designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the plumbing, heating, air-
conditioning and electrical systems.
Modular Home: A dwelling that is manufactured in two (2) or more modules at a location other
than the home site and which is designed to be used as a residence when the modules are
transported to the home site and joined together and installed on a permanent foundation system
in accordance with the appropriate Building Codes of the City including plumbing, heating/air
conditioning and electrical systems to be contained in the structure. The term modular home
shall not mean nor apply to a mobile home as defined in the Texas Manufactured Housing
Standards Act, nor is it to include building modules incorporating concrete or masonry as a
primary component.
Monopole Tower: A self-supporting tower facility composed of a single spire used to support
telecommunication antennas. Monopole towers cannot have guy wires or bracing.
Monument Sign: A permanent freestanding ground sign whose base is directly on the ground or
has a maximum of twelve inches (12?) of clearance from the adjacent grade.
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Mortuary/Funeral Parlor: A place for the storage of human bodies prior to their burial or
cremation, or a building used for the preparation of the deceased for burial and the display of the
deceased and ceremonies connected therewith before burial or cremation.
Motel or Motor Hotel: A building or group of buildings including either separate units or a row
of units used or intended to be used as living quarters for transient guests, and provide off-street
parking space on the same building lot for use of its occupants.
Multi-Tenant Sign: A sign that identifies the names and locations of tenants in a multi-tenant
building or in a development made up of a group of buildings.
Municipal Uses Operated by the City: Any area, land, building, structure, and/or facility owned,
used, leased, or operated by the City including, but not limited to, administrative office,
maintenance facility, fire station, library, sewage treatment plan, police station, water tower,
service center, and park.
Neon Sign: Any sign containing exposed transparent or translucent tubing illuminated by neon,
argon or a similar gas on or near the exterior of a building or window. This shall not include
those signs lighted by an internal light source and designed so that the rays go through the face of
the sign.
Non-access Easement: The limitation of public access rights to and from properties abutting a
highway or street, by restricting curb cuts and access to rear or side of property or to an area
abutting a developed area that may have a deprecating and/or potentially dangerous effect on the
developed properties.
a. One-foot non-access easement: The limitation of public access rights to and from
properties abutting a highway or street by restricting curb cuts and access to rear
or side of property when the property has another dedicated access to a public
right-of-way.
b. One-foot partial access easement: The limitation of public access rights to and
from properties abutting a highway or street only by use of portable ramps, and
restricting curb cuts when the property has another dedicated access to public
right-of-way.
c. Non-access easement: A designated area abutting a development which may be
considered to have a deprecating and/or potentially dangerous effect to the
property because it backs up to a railroad right-of-way, gas line, etc.
Noncommercial Farm or Hobby Farm: An agricultural operation whose income is incidental to
the total household income of the occupants who are usually commuter suburbanites. Products
produced are for the consumption by owner or provide insignificant income.
Non-Conforming Sign: A sign that was legally installed or modified in accordance with local
laws, codes, ordinances and approvals in effect at the time of installation or last significant
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modification, but which does not comply to laws, ordinances, codes or other regulations enacted
subsequent to that time.
Nonconforming use, structure or lot: The use of land or a building, or a portion thereof, which
use does not conform with the regulations of the zoning district in which it is situated and which
was in existence prior to the effective date of this UDC and/or prior to being annexed into the
City.
Nursery, Major: An establishment for the cultivation and propagation, display, storage, and sale
(retail and wholesale) of large plants, shrubs, trees, and other materials used in indoor and
outdoor plantings; and the contracting for installation and/or maintenance of landscape material
as an accessory use. Outdoor display and storage is permitted.
Nursery, Minor: A retail business for the display and/or sale of small trees, shrubs, flowers,
ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and
outdoor planting, without outside storage or display.
Off-Premise Sign: Any sign displaying advertising copy that pertains to a business, person,
organization, activity, event, place, service or product not principally located or primarily
manufactured or sold on the premises on which the sign is located.
Office Showroom: A building that primarily consists of sales offices and sample display areas
for products and/or services delivered or performed off-premises. Catalog and telephone sales
facilities are appropriate. Incidental retail sales of products associated with the primary products
and/or services are permitted.
Office-Warehouse: A building primarily devoted to the storage, warehousing, and distribution of
goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale
sales areas, sales offices, and display area for products sold and distributed from the storage and
warehousing areas.
On-Premise Sign: Any sign relating to the premises on which it is located referring to events,
persons, products, goods, services, activities, institutions or businesses on or offered on such
premises, or the sale, lease, or construction of such premises.
Open Space: The part of the countryside which has not been developed and which is desirable
for preservation in its natural state for ecological, historical or recreational purposes, or in its
cultivated state to preserve agricultural, forest or urban greenbelt areas.
Packaging/Mailing Store: An establishment where services are provided for the mailing and
packaging of parcels. These services may include U.S. mail, UPS, FedEx and other similar
services. Incidental uses may also include, but not limited to, copy services, printing, and
stationary supplies.
Parking Spaces: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1)
motor vehicle, with a surfaced driveway connecting the parking space with the street or alley and
permitting ingress and egress of a motor vehicle..
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Pavement Width: The portion of a street available for vehicular traffic between the face of curbs
and gutters.
Pawn Shop: An establishment where money is loaned on the security of personal property
pledged and retained by the owners (pawnbroker).
Peak Hour Trips (PHT): The number of traffic units generated by and attracted to the proposed
development during its heaviest hour of use, dependent on type of use.
Pennant: Any long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or
other similar non-rigid material which may be used as a temporary sign to announce grand
openings and/or special events.
Permit: An official document or certificate issued by the authority having jurisdiction
authorizing performance of a specified activity.
Person: Any individual, association, firm, corporation, governmental agency or political
subdivision.
Pervious Concrete: Concrete that is permeable as supported by an engineered drainage study.
Planning and Zoning Commission: The body established by City Council under the City Charter
and the LGC whose duties and responsibilities are specifically provided for in section 21.3.3 of
this UDC.
Plat: The map, drawing or chart on which a subdivider?s plan of a subdivision is presented and
submitted for approval.
Political Sign: A sign pertaining to any national, state, county or local election, or issue and
erected for the purpose of announcing a political candidate, political party or ballot measure, or a
position on a political issue.
Portable or Mobile Sign: Any sign designed or constructed to be easily moved from one location
to another or designed to be mounted upon a trailer, wheeled carrier, or other non-motorized
mobile structure. A portable or mobile sign which has its wheels removed shall still be
considered a portable or mobile sign under this UDC.
Porte-cochere: A structure attached to a residence and erected over a driveway, not exceeding
one story in height, and open on two or more sides.
Preexisting Towers and Preexisting Antennas: Any Tower or Antenna for which a building
permit or variance has been properly issued prior to the effective date of this UDC, including
permitted towers or antennas that have not yet been constructed so long as such approval is
current and not expired.
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Print Shop, Major: An establishment specializing in long-run printing operations including, but
not limited to, book, magazine, and newspaper publishing using engraving, die cutting,
lithography, and thermography processes.
Print Shop, Minor: An establishment specializing in short-run operations to produce newsletters,
flyers, resumes, maps, construction documents and plans, and similar materials using
photocopying, duplicating, and blue printing processes. This definition shall include mailing and
shipping services.
Private Club: An establishment providing social and dining facilities, as well as alcoholic
beverage service, to an association of persons, and otherwise falling within the definition of, and
permitted under the provisions of, State law, as the same may be hereafter amended, and as it
pertains to the operation of private clubs.
Prohibited Sign: Any sign that does not meet the requirements established in Article 11, any
sign specifically prohibited in this UDC or any type of sign not specifically identified as
permitted in this UDC.
Projected Traffic: The traffic which is projected to exist on an existing or proposed street during
the proposed development?s peak hour of use.
Real Estate Sign: A sign pertaining to the sale or lease of the premises, or a portion of the
premises, on which the sign is located.
Recreational Vehicle: A bus conversion, Class A camper, Class C camper, travel trailer, fifth
wheel trailer, or pop-up camper.
Recreational Vehicle Park: Any premise where recreational vehicles are parked for living and
sleeping purposes, which includes any buildings, structures, vehicles, or enclosure used or
intended for use as a part of the equipment of such park.
Recycling Collection Center: A building and/or site in which source separated recoverable
materials, such as newspapers, glassware, and metal cans are collected, stored, flattened,
crushed, or bundled prior to shipment to others who will use those materials to manufacture new
products. The materials are stored on-site in bins or trailers for shipment to market.
Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for
temporary storage of recoverable resources. No processing of such items is allowed. This facility
would generally be located in a shopping center parking lot or in other public/quasi-public areas
such as in churches and schools.
Recycling Facility: A building or site that is not a salvage yard and in which recoverable
resources, such as newspapers, magazines, books, and other paper products, glass, metal cans,
and other products are collected, stored and recycled, reprocessed, and treated to return such
products to a condition in which they may again be used for production.
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Regulatory Flood Protection Elevation: The elevation of the regulatory flood plus one (1?) foot
of freeboard to provide a safety factor.
Rehabilitation Care Facility: A facility which provides residence and care to persons who have
demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal
conduct.
Restaurant or Cafeteria: An establishment where food and drink are prepared and consumed
primarily on the premises. Drive-up windows are permitted.
Restaurant, Drive-In: An eating establishment where food or drink is served to customers in
motor vehicles or where facilities are provided on the premise which encourage the serving and
consumption of food in automobiles on or near the restaurant premises.
Retail Food Store: A retail establishment selling meats, fruits, vegetables, bakery products, dairy
products, light hardware and other similar items which are purchased for use and/or consumption
off the premises; may be a drive-in or supermarket type.
Retail Stores and Shops: An establishment engaged in the selling of goods and merchandise to
the general public for personal or household consumption and rendering services incidental to
the sale of such goods.
Right-of-Way: The right of passage acquired for or by the public through dedication, purchase
or condemnation and intended to provide pedestrian and vehicular access to abutting lots, tracts
or areas which may also be used for utilities and to provide for drainage ways.
Road: See the definition of ?Street?.
Roof Sign: Any sign wholly erected on, affixed to or supported by a roof of a building.
Safety Lanes: Paved easements granted to the City, to the public generally, emergency vehicles
and/or to a private utility corporation, for installing or maintaining utilities across, over or under
private land, together with the right to enter thereon with machinery and vehicles necessary for
the maintenance of said utilities. These easements may at times be referred to as fire lanes.
Safety lanes may also be used as ingress and egress to the property.
Sandwich Board Sign: See ?A? Frame Sign.
Satellite Antenna: An antenna, greater than one (1) meter in diameter, which enables the
transmission of signals directly to and from satellites. Such antennas are commonly known as a
satellite dish, dish antenna, parabolic antenna, or satellite earth station antenna.
Satellite Receive-Only Antenna: An antenna, one (1) meter or less in diameter that enables the
receipt of television signals transmitted directly from satellites to be viewed on a television
monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna,
dish antenna, parabolic antenna, or satellite earth station antenna.
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School, Private: A school operated by a private or religious agency or corporation other than an
independent school district, having a curriculum generally equivalent to a public elementary or
secondary school.
School, Public: A school operated by an independent school district or charter school and
providing elementary or secondary curriculum.
Secured (Gated) Community: A residential area surrounded by a masonry or wrought iron fence
with at least two (2) entrances, electrically or manually controlled gates and administered by a
Homeowners Association.
Setback: The minimum distance specified by this UDC from the front, rear, and side lot lines,
and extending across the full width of the lot, on which no building or structure may be erected.
Sexually Oriented Business: A business described as such in, and regulated by, Chapter 74 of
the Code of Ordinances, as amended from time to time
Shopping Center: A development containing a grouping of retail, service, and/or other
commercial establishments in one (1) or more buildings on one (1) or more legally platted lots
and constructed and designed to utilize shared parking and access.
Sign: A name, identification, description, display, or illustration which is affixed directly or
indirectly upon the exterior of a building or structure or upon a piece of land which directs
attention to an object, location, event, person, product, good, service, activity, institution, or
business.
Sign Area: The area of any sign shall be the sum of the area enclosed by the minimum
imaginary rectangles, triangles, or circles which fully contain all extremities of the sign,
including the frame, all words, numbers, figures, devices, designs, or trademarks by which
anything is made known, but excluding any supports. To compute the allowable square footage
of sign area, only one (1) side of a double-face sign shall be considered.
Sign Height: The vertical distance between the highest part of a sign or its supporting structure,
whichever is higher, and the average established ground level beneath the sign.
Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision
or neighborhood. Usually a low profile monument sign designed in such a way as to indicate the
name of the specific community and placed at the main entry to such community.
Site Plan: A development plan, drawn to scale, showing uses and structures proposed for a
parcel of land required by this UDC. This includes, but is not limited to, existing and proposed
conditions of the lot and major landscaping figures, the location of all existing and proposed
buildings, lot lines, streets, driveways, parking spaces, walkways, means of ingress and egress,
drainage facilities, utility service, landscaping, structures and signs, lighting, screening devices
and other information that may be reasonably required in order to make an informed
determination as opposed to a subdivision plan which relates to the layout of lots and parcels,
platting of lots and parcels and the provision of public facilities necessary to build a subdivision.
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Stable, Commercial: A stable used for the rental of stall space or for the sale or rental of horses
or mules.
Start of Construction (includes substantial improvements): The date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit date. The actual start means
either the first placement of permanent construction or a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets, and/or walkways; nor does it include excavation for basement,
footings, piers or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
State: The State of Texas.
Stealth Facility: ?Stealth? is a generic term describing a method that would hide or conceal an
antenna, supporting electrical or mechanical equipment, or any other support structure that is
identical to, or closely compatible with, the color of the supporting structure so as to make the
antenna and related equipment as visually unobtrusive as possible to the surrounding
neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that
replicate or duplicate the construction of common structures such as flagpoles, Alternative
Tower Structures, and camouflaged wireless facilities that are constructed to blend into the
surrounding environment.
Storage or Wholesale Warehouse: A building used primarily for the storage of goods and
materials.
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.
Street: A strip of land comprising the entire paved area between the face of curbs and gutters
and within the right-of-way, intended for use as a means of vehicular and pedestrian circulation
to provide access to more than one (1) lot.
Street, Collector: A roadway which collects traffic from local streets and connects within
major/minor arterial streets.
Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street.
Street, Major/Minor Arterial: A designated principal traffic thoroughfare more or less
continuous across the City, which is intended to connect remote parts of the City or areas
adjacent thereto, and act as principal connecting street with State and Federal highways.
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Street, Private: Any street right-of-way not dedicated to public use.
Street, Public: Any roadway for use of vehicular traffic dedicated to public use and/or owned,
controlled and maintained by the City, a County, or the State.
Street Width: The shortest horizontal distance between the lines which delineate the street.
Structural Alterations: Any change of a supporting member of a structure such as bearing walls,
columns, beams or girders.
Structure: Anything constructed or built, the use of which requires permanent location on the
ground or attachment to something having a permanent location on the ground.
Studio, Tattoo or Body Piercing: A building or portion of a building used for selling or applying
tattoos by injecting dyes/inks into the skin, and/or to pierce the skin with needles, jewelry or
other paraphernalia, primarily for the purpose of ornamentation of the human body.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its prior condition would equal or exceed fifty percent (50%) of the
market value of the structure before damage occurred.
Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the
structure before ?start of construction? of the improvement. This includes structures which have
incurred ?substantial damage?, regardless of the actual repair work performed. The term does
not, however, include either:
a. a project for improvement of a structure to correct existing violations of State or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary
conditions; or
b. any alteration of an ?historic structure? provided that the alteration will not
preclude the structure?s continued designation as an ?historic structure?.
Subdivider or Developer: Are synonymous and include any person, partnership, firm,
association, corporation (or combination thereof), or any officer, agent, employee, servant, or
trustee thereof, who performs, or participates in the performance of, any act toward the
subdivision of land within the intent, scope and purview of this UDC.
Subdivision: The division of any lot, tract or parcel of land into two (2) or more lots, tracts or
parcels of land for the purpose, whether immediate or future, of sale or rebuilding development,
situated within the City?s corporate limits or within the ETJ. It also includes vacation and
resubdivision of land or lots.
Surveyor: A State licensed land surveyor or registered public surveyor, as authorized by the
State statutes, to practice the profession of surveying.
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Tavern: An establishment primarily in the business of serving alcoholic beverages to the general
public which may also include the sale of food.
Tax Certificate: A certificate from the applicable tax assessor?s office confirming that all City ad
valorem taxes levied on a property that are due have been paid or that the property owner is
lawfully contesting such taxes. If such taxes are being contested, the property owner must
establish, to the satisfaction of the City Manager, in his/her sole discretion, that such contest is
being conducted by the property owner with reasonable speed.
Taxidermist: An establishment whose principle business is the practice of preparing, stuffing,
and mounting the skins of dead animals for exhibition in a lifelike state.
Telecommunications Equipment Storage Building: An unmanned, single story equipment
building or structure used to house telecommunications equipment necessary to operate a
telecommunications network.
Telecommunications Tower: Any structure that is designed and constructed for the purpose of
supporting one (1) or more antennae used for the provision of commercial wireless
telecommunications services. This definition includes monopole towers, alternative mounting
structures or any other vertical support used for wireless telecommunications antennae. This
definition does not include commercial radio or television towers; nor does it include such things
as Satellite Receive Only Antenna or Amateur Radio Antennas.
Telecommunications Tower Facility: A facility that contains a telecommunications tower and
equipment storage building or structure.
Temporary Sign: Any sign identified by this UDC which is intended to be displayed for
seasonal or brief activities including, but not limited to, sales, specials, promotions, holidays,
auctions, and/or business grand openings.
Temporary Structure: A structure that is manufactured off-site and brought to the site. It is to be
temporary in nature and used only until a permanent structure can be constructed or refurbished.
Theater, Drive-In: An open lot devoted to the showing of motion pictures or theatrical
productions on a paid admission basis to patrons seated in automobiles.
Theater, Indoor: A building or part of a building devoted to the showing of motion pictures or
for dramatic, musical, or live performances.
Townhouse: A single-family dwelling unit in a row of such structures and attached by one (1) or
more common walls.
Travel Trailer: A structure designed for temporary dwelling for travel, recreation and vacation,
and which can be readily towed over the road by a motor vehicle.
Truck Sales, Heavy Equipment: The display, storage, sale, leasing, or rental of new or used
panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.
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TV Antenna: An antenna that enables the receipt of television signals transmitted from
broadcast stations.
Unlimited Access Highways: State Farm to Market Roads 78, 482, 1103, 1518, 2252, and 3009
and Schertz Parkway.
Use: The purpose or 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 UDC.
Utility Easement: An interest in land granted to the City, to the public generally, and/or to a
private utility corporation, for installing utilities across, on, over, upon or under private land,
together with the right to enter thereon with machinery and vehicles necessary for the
maintenance of said utilities.
Variance: Permission to depart from this UDC when, because of special circumstances
applicable to the property, strict application of the provisions of this UDC deprives such property
of privileges commonly enjoyed by other properties in the same vicinity.
Variety Store: A retail commercial establishment which supplies a variety of household goods,
toys, light hardware items, candy, some clothing and other general merchandise.
Veterinarian Clinic and/or Kennel, Indoor: An establishment, with no outside pens, where
animals and pets are admitted for examination and medical treatment, or where domesticated
animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.
Veterinarian Clinic and/or Kennel, Outdoor: An establishment with outside pens, where animals
and pets are admitted for examination and medical treatment, or where domesticated animals are
housed, groomed, bred, boarded, trained, or sold for commercial purposes.
Visibility Triangle: The triangular sight area from the corner of converging streets to a distance
of 25 feet along each street with the triangle completed by drawing a line through the property
from both 25 foot points on the converging streets.
Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building,
including window signs and signs on awnings and/or marquees.
Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
Welding/Machine Shop: A workshop where metal fabrication tools, including, but not limited
to, welders, lathes, presses, and mills are used for making, finishing, or repairing machines or
machine parts.
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Wind Sign: Any display or series of displays, banners, flags, pennants or other such objects
designed and fashioned in such a manner as to move when subjected to wind pressure. Wind
signs shall only be permitted as temporary signs.
Wrecking or salvage yard: An open air place where waste, discarded or salvage materials are
bought, sold, exchanged, baled, packed, disassembled or handled. This definition includes
automobile wrecking yards, house wrecking yards, used lumber yards, and places for storage of
salvaged materials of house wrecking, automobile scrap metal, and structural steel materials and
equipment.
Xeriscape: Environmental design of residential and park land using various methods for
minimizing the need for water use.
Yard, Front Setback: A yard extending across the front of a lot between the side lot lines, and
being the minimum horizontal distance between the street right-of-way 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 considered a parallel to the street upon which the lot
has its least dimension.
Yard, Rear Setback: A yard extending across the rear of a lot and being the required minimum
horizontal distance between the rear lot line and the rear of the main building or any projections
thereof, other than the projections of uncovered steps, unenclosed balconies, or unenclosed
porches.
Yard, Setback: An open space at grade between a building and the adjoining lot lines,
unoccupied and unobstructed by any portion of a structure from the ground upward, except as
otherwise provided herein. In measuring a yard for the purpose of determining the width of a
side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance
between the lot line and the main building shall be used.
Yard, Side: A yard between the main building and the side line of the lot, and extending from
the required front yard to the required rear yard, and being the minimum horizontal distance
between a side lot line and the side of the building.
Zoning District: Any area of the City for which the zoning regulations governing the use of land
and buildings, the height of buildings, the size of lots and the intensity of use are uniform
pursuant to this UDC.
End of Article 16
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