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Ordinance 14-S-47 - Amend UDC Section 21.5.2 Zoning DistgrictsORDINANCE NO. 14 -S -47 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.5.2 ZONING DISTRICTS ESTABLISHED: LIMITATIONS ON R -6 AND R -7, 21.5.5 STATEMENT OF PURPOSE AND INTENT FOR RESIDENTIAL DISTRICTS, TABLE 21.5.7.A DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING DISTRICTS, 21.5.8 PERMITTED USE TABLE, 21.10.4 SCHEDULE OF OFF - STREET PARKING REQUIREMENTS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted an Amended and Restated Unified Development Code on April 13, 2010, as further amended, (the "Current UDC "); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, the Schertz Comprehensive Land Plan emphasizes the need to preserve and enhance the City's rich history and culture, and WHEREAS, The City zoning districts are established for, among other purposes, protecting and preserving places and areas of historical, cultural and /or architectural importance and significance within the City limits, and WHEREAS, all required notices have been provided, and WHEREAS, on October 2, 2014, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on November 18, 2014, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; NOW, TEHREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. Unified Development Code, Section 21.5.2 of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: 1 I I I I I r F. IT, The City is hereby geographically divided into zoning districts and the boundaries of thosv districts herein are delineated upon the Official Zoning Map of the City. The use ani i dimensional regulations as set out in this Article are uniform in each district. Zoning districts ar,* established in compliance with adopted Comprehensive Land Plan and Master Thoroughfari Plan. The districts established shall be known as follows: ME District Name Predevelopment District • Single-Family Residential District Sigle-Faraily `- •- Iistrict Two-Family Residential District Apartment/Multi-Family Aesidential listrict Single-Family Residential District (See Ordinance No. 10-S-29) Single-Family Residential/Agricultural District Garden Home Residential District Townhome listrict PAIS Manufactured Home Subdivision Iistrict Manufactured Home Park District Office and Professional District Neighborl�ood Services District usiness District General busmess -Wistrict-2 Manufacturing Ikistrict (Light) Manufacturing District Golf Course District Public Use District revelopment Agricultural Iistrict Agricultural Conservation District Estate Neighborhood PDD Mixed Use 10istrict Hi•I ommercial Design Overlay District Campus ornmercial Overlay District Industrial Overlay District r , ROTOR= =- 0 21.5.5 Statement of Purpose and Intent for Residential Districts N. Main Street Mixed -Use District (MSMU) Intended to provide a base zoning district in the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical restraints. Section 3. Unified Development Code, Table 21.5.7.A Dimensional Requirements Residential Zoning Districts of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: Table 21.5.7.A DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING Minimum Lot Size Minimum Yard Miscellaneous And Dimensions Setback (Ft) Lot Require ents Minimu Max Area Widt Dept Fron Sid Rea m Off- Maximu Imper Code Zoning District G' t h h t e r Street m Key Ft. Ft. Ft. Ft. Ft. Parking Parkin Height Ft Cver Spaces R -1 Single - Family 91600 80 120 25 10 20 2 35 50% h,j,k,l,m,o Residential District -1 R-2 Single - Family 81400 70 120 25 10 20 2 35 50% h,j,k,l,m,o Residential District -2 R -3 Two - Family 9,000 75 120 25 10 20 2 35 60% h,j,k,l,m,o Residential District Apartment/Multi- R-4 Family Residential 10,000 100 100 25 10 20 2 35 75% a,b,j,k,l,m District R -6 Single - Family 71200 60 120 25 10 20 2 35 50% h,k,l,m,n,o Residential District -6 R -7 Single - Family 61600 60 110 25 10 20 2 35 50% h,k,l,m,n,o Residential District -7 Single- Family- R-A Reside ntial /Agricultur 21,780 - - 25 25 25 2 35 50% h,k,l,m,n e GH Garden Home 5, 000 50 100 10 10 10 2 35 75% c,d,e,f,g,k,1, Residential District m TH Townhome District 2,500 25 100 25 10 20 2 35 75% h j,k,1,m MHS Manufactured Home 6,600 60 110 25 10 20 2 35 50% j,k,l,m,o Subdivision District MHP IManufactured Home 143,5601 - - 25 12.5 25 - 35 50% j,k,l,m 3 Section 4. Unified Development Code, Table 21.5.8 Permitted Use Table of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: 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: P I Use is permitted in district indicated 0 Park District AD Agricultural District 2170,80 100 100 25 25 25 2 35 30% hk,o MSM Main Street Mixed 5,000 50 100 10 5 20 2 35 80% hJ,k,m,n U Use Key: a. Add 1,800 square feet of area for each unit after the first 3 units. Maximum density shall not exceed 24 units per acre. b. 1.5 parking spaces per bedroom. C. Zero lot line Garden Homes. d. 20 -foot paved alley for ingress /egress to all rear garages. e. 5 -foot shall be designated maintenance easement. f. Corner lot shall have 10 -foot side yard setback from street right -of -way. g. 25 -foot set back to property line adjoining public street. h. Corner lot shall have minimum 15 -foot side yard setback from street right -of -way. i. Minimum lot area for each unit. Site Plan approval required. k. Swimming pools count toward the maximum impervious cover limitations, unless the swimming pool is equipped with a water overflow device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded. 1. No variances may be permitted to exceed the maximum impervious cover limitations m. Refer to Article 14, section 21.14.3 for additional design requirements n. All single family residential dwelling units constructed within this district shall be constructed with an enclosed garage. o. Side yard setback of 7.5 ft. for R -1, R -2, R -3, R -6, R -7, and MHS continues in effect for all subdivisions vested on the date of adoption of Ordinance No. 11 -S -15. Section 4. Unified Development Code, Table 21.5.8 Permitted Use Table of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: 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: P I Use is permitted in district indicated 0 S Use is permitted in district indicated upon approval of Specific Use Permit Use is prohibited in district indicated um It is recognized that new or unlisted types of land use may s-- • . y. order to provide for such contingencies, a determination of any new • unlisted form • land use shall be made in accordance with this section. It. For uses in which an applicant requests a Specific Use Permit, thv City Manager or his/her designee shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC. Section 5. The current UDC, Section 21.10.4 Schedule of Off-Stre' Parking Requirements is hereby amended as follows: I See. 21.5.9 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 Schodule',of 4" Off -Street 'Parkmg, Requirements'',' Parking Requirement ��MTS!Mmerni, Commerciai 10 spaces, plus I space for each 100 square feet of (Indoor) total floor area over 1,000 square feet Amusement, Commercial 1 space per 54$ square feet of outdoor site area (Outdoor) p us 1 space per each 4 fixed spectator seats Bank, Savings And Loan, Or Other Financial Institution I space for each 250 square feet of gross floor area Bar Or Night Club I space for each 50 square feet of gross floor area Bed And Breakfast I space for each rented room plus I space per employee ?iowling Alley 5 parking spaces for each lane I space for each 100 square feet of gross floor area Convalescent Home, Gro • I parking space for each 2 beds Home, Home For The Aged Dance, Assembly And Exhibition Halls Without Fixed 1 space for each 100 square feet used for assembly Seats or dancing HU Table _ Use Type Parking Requirement Day Care Center 1 space per 250 square feet of gross floor area Group Home 4 spaces Hospital 1 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 Houses overnight sleeping facilities Manufacturing, Processing Or 1 space for each 2 employees or 1 space for each Repairing 1,000 square feet of total floor area, whichever is greater 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 Miniwarehouse plus 1 space for each 3,000 square feet of storage area 1 parking space for each 50 square feet of floor Mortuary/Funeral Home space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Multifamily, Duplex, Two - Family, Condominium Or Other 1.5 spaces per bedroom Similar Use Offices 1 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 1 space per each two (2) persons 1 parking space for each 100 square feet of gross Restaurants floor 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 12 'Table -. e Parking Requirements Use Type Parking Requirement Single Family Attached And 2 parking spaces per dwelling unit Detached Dwelling Units Theaters, Auditoriums, Churches, Assembly Halls, Sports Arenas, Stadiums, 1 space for each 4 seats or 1 space for every 100 Conference Center, Convention square feet of gross floor area, whichever is less Center Or Other Place Of Public (based on maximum design capacity) 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 1 space for each 2 employees or 1 space for each Warehouse 1,000 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. E. Properties Zoned Main Street Mixed -Use 13 Properties zoned Main Street Mixed-Use shall only be required to provide two (2) on-site parking spaces but must still provide the minimum required number • handicapped spaces on site Section 6. The recitals contained in the preamble hereof are hereby found to be true, ,?md such recitals are hereby made a part • this Ordinance for all purposes and are .••r '• as a part • the judgment and findings • the Council. Section 7. All ordinances, or parts thereof, which are in conflict • inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall • and remain controlling as to the matters resolved r ereix. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter • the public business to • considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED and ADOPTED ON SECOND READING, the 18 1h day of November, 2014. 4 CITY OF TEXAS Mi Mayro,Michael R. Carpenter Z MEREM IN