10-S-06 Attachment
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) Ordinance No. 13-M-12 (April 16, 2013) Ordinance No. 13-S-22 (July 16, 2013)
Ordinance No. 13-M-31 (August 20, 2013)
Ordinance No. 13-S-30 (August 27, 2013) Ordinance No. 13-S-58 (December 10, 2013) Ordinance No. 14-S-11 (March 11, 2014)
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 Landmark Properties and Heritage Neighborhoods ..... 4-12
Sec. 21.4.10 Development Agreements ..................................................................... 4-14
Sec. 21.4.11 Utility Service Extension ...................................................................... 4-15
Sec. 21.4.12 Variances............................................................................................... 4-18
Sec. 21.4.13 Reserved ................................................................................................ 4-20
Sec. 21.4.14 Appeals ................................................................................................. 4-20
Sec. 21.4.15 Public Infrastructure Improvement Construction Plans and
Community Facilities Agreements ....................................................... 4-22
Sec. 21.4.16 Building Permits ................................................................................... 4-28
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 ......................................... 5-11
Sec. 21.5.8 Permitted Use Table .............................................................................. 5-15
Sec. 21.5.9 Special Districts .................................................................................... 5-21
Sec. 21.5.10 Planned Development District .............................................................. 5-23
Sec. 21.5.11 Specific Use Permit (SUP).................................................................... 5-28
Sec. 21.5.12 Agricultural Conservation Planned Development District
(ACPDD) .............................................................................................. 5-32
Sec. 21.5.13 Estate Neighborhood Planned Development District (ENPDD) .......... 5-36
Sec. 21.5.14 Mixed Use Planned Development District (MUPDD) ......................... 5-41
Sec. 21.5.15 Design Overlay Districts (DO) ............................................................. 5-62
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
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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
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
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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
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 ................................................................. 11-14
Sec. 21.11.11 Monument Signs ................................................................................. 11-15
Sec. 21.11.12 Multi-tenant Signs ............................................................................... 11-16
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 .................................................................... 11-20
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
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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
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 Construction Storm Water Management .............................................. 13-1
Sec. 21.13.3 Flood Damage Prevention..................................................................... 13-9
Sec. 21.13.4 Drainage .............................................................................................. 13-30
Sec. 21.13.5 Control of Storm Water Run-off ......................................................... 13-37
Sec. 21.13.6 Illicit Discharge and Connection ........................................................ 13-54
Sec. 21.13.7 Waivers and Amendments .................................................................. 13-61
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
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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 .......................... 5-12
21.5.7B Dimensional Requirements – Non-Residential Zoning ............................... 5-13
21.5.14A Table 1: Schedule of Uses ............................................................................... 5-47
21.5.14B Table 2: MU Component Proportion Required ........................................... 5-51
21.5.14C Table 3: Mixed Use Development Standards ............................................... 5-51
21.5.14D Table 4: ........................................................................................................... 5-56
21.5.15A Dimensional Requirements ........................................................................... 5-69
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
21.14.1 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 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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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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(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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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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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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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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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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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
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Article 2 Official 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 3 Boards, 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.
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Article 4 Procedures 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 Landmark Properties and Heritage Neighborhoods
A. Purpose and Applicability
The purpose of this section is to recognize and encourage the preservation of
those areas or specific buildings or structures of significance to the City. More
specifically, this article is designed to achieve the following goals:
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1. To preserve, protect and enhance significant sites and structures that represent
unique elements of the city landscape either by their aesthetic, architectural,
nostalgic, or symbolic attributes in relation to persons, place and/or time.
2. To strengthen civic pride through neighborhood preservation and recognition.
3. To provide application submission and review guidance relating to the
designation of properties and/or sites.
4. The provision for designation of Landmark Properties shall also apply within the
extraterritorial jurisdiction of the City of Schertz.
B. Application Requirements
Any request for the designation of a landmark property or heritage neighborhoods
shall be initiated by completion of an application form as set forth in Appendix A
of the Schertz Historical Preservation Committee’s (SHPC) By-laws.
C. Processing of Application and Decision
1. Submittal
All applications under this section shall be submitted to the SHPC. The
SHPC shall review the application for completeness and notify the
applicant of items requiring correction or attention before providing a
written recommendation on the application. Any interested citizen, to
include SHPC members, may initiate an application.
2. Approval Procedures
Applications for landmark properties and heritage neighborhoods shall be
considered and voted upon at the SHPC’s next quarterly meeting
following application submission. Approval will require a two-thirds
positive vote by members present. The SHPC may disapprove the nomination for reasons of incomplete and/or unsupportable data. If
disapproved, the nominator will be notified in writing by SHPC as to the
reason(s) for disapproval and given thirty days to resubmit the nomination
form with corrected or supplemental data. If no reply is received by the
thirty day deadline the nomination is considered closed without further action required. The approved SHPC nominations will be forwarded to the
City Manager for placement on a City Council agenda within 30 days of
receipt. Written notice shall be provided to the owner of the property
before the tenth (10th) day before the hearing date of City Council. The
City Council shall vote on all designation nominations and will require a majority of Council members to approve the nomination. The nominator
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will be notified in writing by the SHPC of city council
approval/disapproval.
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.
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
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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.
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
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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.
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
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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;
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.
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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.
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
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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.
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
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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
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
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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:
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
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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
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
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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.
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,
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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 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;
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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
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
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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
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
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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
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
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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.
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,
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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;
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 5 Zoning 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
PRE Predevelopment District
R-1 Single-Family Residential District
R-2 Single-Family Residential District
R-3 Two-Family Residential District
R-4 Apartment/Multi-Family Residential District
R-6 Single-Family Residential District (See Ordinance No. 10-S-29)
R-7 Single-Family Residential District (See Ordinance No. 10-S-29)
R-A Single-Family Residential/Agricultural District
GH Garden Home Residential District
TH Townhome District
MHS Manufactured Home Subdivision District
MHP Manufactured Home Park District
OP Office and Professional District
NS Neighborhood Services District
GB General Business District
GB-2 General Business District-2
M-1 Manufacturing District (Light)
M-2 Manufacturing District (Heavy)
GC Golf Course District
PUB Public Use District
PDD Planned Development District
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Table 21.5.2
AD Agricultural District
AC Agricultural Conservation District
EN Estate Neighborhood PDD
MU Mixed Use District
HCOD Highway Commercial Design Overlay District
CCOD Campus Commercial Overlay District
IOD Industrial Overlay District
DO Downtown Overlay Districts
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
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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.
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
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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.
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
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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:
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:
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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.
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.
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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
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. (See Ordinance No. 10-S-29)
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. (See Ordinance No. 10-S-29)
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
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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.
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
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inherent differences in housing types between manufactured home parks and other
residential districts.
M. Agricultural District (AD)
Intended to provide as a base zoning district in areas designated as Agricultural Conservation on the North and South Schertz Framework Plans. Residences in
this District are intended to be on a minimum lot size of 217,800 square feet (five
acres). Clustering of up to 2 homes may be allowed on the same lot subject to
setback requirements. 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.
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)
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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,
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
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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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Table 21.5.7.A DIMENSIONAL REQUIREMENTS
RESIDENTIAL ZONING DISTRICTS
Minimum Lot Size
And Dimensions Minimum Yard
Setback (Ft) Miscellaneous
Lot Requirements
Code Zoning District Area
Sq. Ft.
Width
Ft.
Depth
Ft.
Front
Ft.
Side
Ft.
Rear
Ft.
Minimum Off-Street
Parking Spaces
Maximum
Height Ft
Max
Imperv Cover Key
R-1 Single-Family Residential District-1 9,600 80 120 25 10 20 2 35 50% h,j,k,l,m,o
R-2 Single-Family Residential District-2 8,400 70 120 25 10 20 2 35 50% h,j,k,l,m,o
R-3 Two-Family Residential District 9,000 75 120 25 10 20 2 35 60% h,j,k,l,m,o
R-4 Apartment/Multi-Family Residential District 10,000 100 100 25 10 20 2 35 75% a,b,j,k,l,m
R-6 Single-Family Residential District-6 7,200 60 120 25 10 20 2 35 50% h,k,l,m,n,o
R-7 Single-Family Residential District-7 6,600 60 110 25 10 20 2 35 50% h,k,l,m,n,o
R-A Single-Family-Residential/Agriculture 21,780 - - 25 25 25 2 35 50% h,k,l,m,n
GH Garden Home Residential District 5,000 50 100 10 10 10 2 35 75% c,d,e,f,g,k,l,m
TH Townhome District 2,500 25 100 25 10 20 2 35 75% h,j,k,l,m
MHS Manufactured Home Subdivision
District 6,600 60 110 25 10 20 2 35 50% j,k,l,m,o
MHP Manufactured Home Park District 43,560 - - 25 12.5 25 - 35 50% j,k,l,m
AD Agricultural District 217,800 100 100 25 25 25 2 35 30% hk,o
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.
j. 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. l. 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.
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Table 21.5.7B DIMENSIONAL REQUIREMENTS NON-RESIDENTIAL ZONING DISTRICTS (d)
Minimum Lot Size and Dimensions
Minimum Yard Setback (Ft) Miscellaneous Lot Requirements
Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft.
Rear
Adj Non-Res Zone
Rear
Adj. Res Zone
Side
Adj Non-Res Zone
Side
Adj Res Zone
Max Ht Ft
Max
Imperv Cover Key
OP Office/ Professional 6,000 60 100 25 0 25 0 25 35 70% a,b,c,d
NS Neighborhood Services 10,000 100 100 25a 0 25 0 25 35 80% a,b,c,d
GB General Business 10,000 100 100 25 0 25 0 25 120 80% a,b,c,d
GB-2 General Business-2 10,000 100 100 25 0 25 0 25 120 80% a,b,c,d
M-1 Light Manufacturing 10,000 100 100 25 0 50c 0 25b 120 80% a,b,c,d
M-2 Heavy Manufacturing 10,000 100 100 25 0 50c 0 25b 120 80% a,b,c,d
PUB Public Use District 10,000 100 100 25 0 15 0 25 35 70% a,c,d
Key: a. See Article 10 for parking requirements.
b. Uses may require a Specific Use Permit. The City of Schertz will follow the guidelines outlined in the Air Installation Compatible Use Zone (AICUZ) study for Randolph Air Force Base.
c. No variances may be permitted to exceed the maximum impervious cover limitations
d. Refer to Article 14, Sec. 21.14.3 for additional design requirements
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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:
P Use is permitted in district indicated
S Use is permitted in district indicated upon approval of Specific Use Permit
Use is prohibited in district indicated
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Table 21.5.8 Permitted Uses– Uses by Alphabetical Order
RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES
PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB
Pr
e
d
e
v
e
l
o
p
m
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t
Ag
r
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l
t
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a
l
D
i
s
t
r
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c
t
Re
s
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d
e
n
t
i
a
l
/
Ag
r
i
c
u
l
t
u
r
a
l
Si
n
g
l
e
F
a
m
i
l
y
– 1
Si
n
g
l
e
F
a
m
i
l
y
– 2
Tw
o
F
a
m
i
l
y
Ap
a
r
t
m
e
n
t
/
Mu
l
t
i
-fa
m
i
l
y
Si
n
g
l
e
F
a
m
i
l
y
– 6
Si
n
g
l
e
F
a
m
i
l
y
– 7
Ma
n
u
f
a
c
t
u
r
e
d
H
o
m
e
Su
b
d
i
v
i
s
i
o
n
Ma
n
u
f
a
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t
u
r
e
d
H
o
m
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Pa
r
k
Ga
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d
e
n
H
o
m
e
To
w
n
h
o
m
e
Di
s
t
r
i
c
t
PERMITTED USES
Of
f
i
c
e
&
P
r
o
f
e
s
s
i
o
n
a
l
Ne
i
g
h
b
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r
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o
o
d
Se
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Ge
n
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r
a
l
B
u
s
i
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s
s
Ge
n
e
r
a
l
B
u
s
i
n
e
s
s
– 2
Ma
n
u
f
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c
t
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g
–
Li
g
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t
Ma
n
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f
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g
–
He
a
v
y
Pu
b
l
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U
s
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D
i
s
t
r
i
c
t
P P P P P P P P P P P Accessory Building, Residential
P P Agricultural/Field Crops P
P Airport, Heliport or Landing Field S P P
Alcohol Package Sales P P P P
Antenna and/or Antenna Support Structure, Commercial S S S S S
Antique Shop P P P P
Appliances, Furniture and Home Furnishings Store P P P P
Art Gallery/Library/Museum P P P P P Assisted Care or Living Facility S P P Athletic Stadium, Private S S S S S
Athletic Stadium, Public P
Automobile Parking Structure/Garage S P P P S Automobile Parts Sales P P P P
Automobile Repairs & Service, Major S P P
Automobile Repairs & Service, Minor P P P
Automobile Sales S P P
Bakery P P P
Bank, Saving and Loan, Credit Union P P P P P
Beauty Salon/Barber Shop P P P P P S S S S S S S S S S S Bed and Breakfast Inn S P P
Book Store S P P P
Bottling Works P P S Building Material and Hardware Sales P P P Cabinet or Upholstery Shop S P P
Car Wash, Automated P P P P
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Table 21.5.8 Permitted Uses– Uses by Alphabetical Order
RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES
PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB
Pr
e
d
e
v
e
l
o
p
m
e
n
t
Ag
r
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c
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l
t
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a
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D
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/
Ag
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l
Si
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l
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F
a
m
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y
– 1
Si
n
g
l
e
F
a
m
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l
y
– 2
Tw
o
F
a
m
i
l
y
Ap
a
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t
/
Mu
l
t
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Si
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F
a
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– 6
Si
n
g
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F
a
m
i
l
y
– 7
Ma
n
u
f
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t
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d
H
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Su
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H
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Pa
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Ga
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n
H
o
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To
w
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o
m
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Di
s
t
r
i
c
t
PERMITTED USES
Of
f
i
c
e
&
P
r
o
f
e
s
s
i
o
n
a
l
Ne
i
g
h
b
o
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o
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Se
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Ge
n
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a
l
B
u
s
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s
s
Ge
n
e
r
a
l
B
u
s
i
n
e
s
s
– 2
Ma
n
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f
a
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t
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r
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g
–
Li
g
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t
Ma
n
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f
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t
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g
–
He
a
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y
Pu
b
l
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c
U
s
e
D
i
s
t
r
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t
Car Wash, Self Serve S P P P
S S Cemetery or Mausoleum P
S S S S S S S S S S S S S Church, Temple, Synagogue, Mosque, or
Other Place of Worship P P P P P P P
Civic/Convention Center P P P P P
College, University, Trade, or Private Boarding School P P P P
Commercial Amusement, Indoor S P P P
Commercial Amusement, Outdoor S P P
Community Center P P P P
Concrete/Asphalt Batching Plant S
S Convenience Store w/o Gas Pumps P P P P
Convenience Store w/ Gas Pumps S S S
Dance Hall/Night Club P P P
Day Care Center S P P
Department Store P P P
Dry Cleaning, Major S P P
Dry Cleaning, Minor P P P P
P P P P P P P P P P P Family or Group Home S P P
P Farmers Market P P P
Flea Market, Inside P P P
S Flea Market, Outside S P P
Florist
S P P P
Fraternity, Sorority, Civic Club or Lodge P
Furniture Sales S P P P
Gasoline Station/Fuel Pumps S S S
P P P P P P P P P P P Gated Community
Updated 12/10/2013 5-17
Article 5 – Zoning Districts
Schertz Unified Development Code
Table 21.5.8 Permitted Uses– Uses by Alphabetical Order
RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES
PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB
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General Manufacturing/Industrial Use P P S
P P P P P P P P P P P Golf Course and/or Country Club P P P
Governmental Facilities P P P P P P P
Gymnastics/Dance Studio P P P P P
Hazardous Waste S
Health/Fitness Center P P P P P
S Heavy Equipment Sales, Service or Rental P P P P
Home Improvement Center P P P
Hospital P P P
Hotel/Motel P P P P
Household Appliance Service and Repair P P P
S S S S S S S S S In-Home Day Care
Landfill S
Laundromat P P P
P P Livestock P P P
Locksmith/Security System Company P P P
Medical, Dental or Professional
Office/Clinic P P P P P
Mini-Warehouse/Public Storage S P P
S P P Manufactured/Mobile Homes
Manufacturing P P
Mortuary/Funeral Home P P P
S P Multi-Family Apartment Dwelling
P P P P P P P P P P P P P Municipal Uses Operated by the City of Schertz P P P P P P P
Updated 12/10/2013 5-18
Article 5 – Zoning Districts
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Table 21.5.8 Permitted Uses– Uses by Alphabetical Order
RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES
PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB
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Museum S P P
S Nursery, Major S P P
P Nursery, Minor P P P
Office Showroom P P P
Office-Warehouse/Distribution Center P P
P P P One-Family Dwelling Attached P P P P P P P P P P P One-Family Dwelling Detached
Packaging/Mailing Store P P P P
P P P P P P P P P P P P Park/Playground/Similar Public Site
Pawn Shop P P P
Pet Store P P P
Pharmacy S P P P
Portable Building Sales S P
Post Office P P P P P P P
Print Shop, Major P P
Print Shop, Minor P P P P P
Private Club P P P P
Railroad/Bus Passenger Station S P P
S S P Recreational Vehicle Park
Recreational Vehicle Sales and Service P
Recycling Collection Center P P P
Recycling Collection Point P P P P P P P
Recycling Facility S S
Rehabilitation Care Facility S P
Restaurant, Drive-In P P P P
Restaurant or Cafeteria P P P P P
Updated 12/10/2013 5-19
Article 5 – Zoning Districts
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Table 21.5.8 Permitted Uses– Uses by Alphabetical Order
RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES
PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB
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Retail Stores and Shops P P P P
P P P P P P P P P P P P P School, Public or Private P P P P P P P
Sexually Oriented Business
(See Ordinance No. 02-L-16) S
P P Stable, Commercial P P
Storage or Wholesale Warehouse S P P
Tattoo Parlors/Studios P
Tavern S P P S
Taxidermist P P P
Theater, Outdoor P P P
Theater, Indoor S P P P
S Tool Rental S P P p
Trailer/Manufactured Homes Sales P P P
Truck Sales, Heavy Equipment P P
Truck Terminal S P P
P P Two-Family Dwelling P Veterinarian Clinic / Kennel, Indoor S P P P
P P Veterinarian Clinic / Kennel, Outdoor S P P
S Welding/Machine Shop P P P P
Wrecking or Salvage Yard S
S S S S S S S S S S S S S New and Unlisted Uses S S S S S S S
Updated 12/10/2013 5-20
Article 5 – Zoning Districts
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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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Article 5 – Zoning Districts
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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.
C. Agricultural Conservation Planned Development District (ACPDD)
Intended to provide an alternative cluster neighborhood option in areas designated as Agricultural Conservation on the North and South Schertz Framework Plans.
Residences in this District may be on lots smaller than 5 acres provided the
District maintains an overall gross residential density of 0.2 DU/Acre and provide
a minimum of 70% of gross area of the development in open space or
conservation easement (public or private ownership). The open space may remain in a natural state or be used for agricultural purposes. The AGC shall be a
contiguous land area of 40 acres in size, as specified by this UDC and this Article
(Sec. 21.5.12), to be planned and developed using a common master zoning plan,
and containing single-family residential and/or agricultural uses and preserved
open space. D. Estate Neighborhood Planned Development District (ENPDD) Intended to provide for an alternative zoning option for areas in the South Schertz
Framework Plan designated as Estate Neighborhood or zoned RA. Residences in
this District may be on lots smaller than 0.5 acres provided the District maintains
an overall gross residential density of 2 DU/Acre and provide a minimum of 50% of gross area of the development in open space or conservation easement (public
or private ownership). The open space may remain in a natural state or be used for
agricultural purposes. The EN shall be a contiguous land area of at least 20 acres
in size, as specified by the UDC and this Article (Sec. 21.5.13), to be planned and
developed using a common master zoning plan, and containing single-family residential and/or agricultural uses and preserved open space.
F. Mixed Use Planned Development District (MUPDD)
Intended to implement mixed use and traditional neighborhood development
goals (i.e., Mixed Use Core, Neighborhood Center, and Neighborhood designations) of the North and South Schertz Framework Plans. The MU District
shall be a contiguous land area of a minimum size, as specified by this UDC and
this Article (Sec. 21.5.14), to be planned and developed using a common master
zoning plan, and containing a complementary mix of residential, office, retail,
civic, and service uses, a network of pedestrian-oriented streets and open spaces.
G. Design Overlay Districts (DO)
The purpose of this section is to provide a set of Design Overlay Districts that
correspond with existing zoning and establish a coherent character and encourage
Updated 12/10/2013 5-22
Article 5 – Zoning Districts
Schertz Unified Development Code
enduring and attractive development that implement the North and South Schertz
Framework Plans and the Schertz Downtown Plan. All development within the
Design Overlay Districts shall meet the Dimensional and Development standards
within Sec. 21.5.15 in lieu of the standards in Sec. 21.5.7 unless specified otherwise. The four Design Overlay Districts are: Campus Commercial Overlay
District, Highway Commercial Overlay District, Industrial Overlay District, and
Downtown Overlay District.
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;
Updated 12/10/2013 5-23
Article 5 – Zoning Districts
Schertz Unified Development Code
b. Multifamily Residential: two (2) acres;
c. Nonresidential: two (2) acres; or
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
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Article 5 – Zoning Districts
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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
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.
Updated 12/10/2013 5-25
Article 5 – Zoning Districts
Schertz Unified Development Code
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;
Updated 12/10/2013 5-26
Article 5 – Zoning Districts
Schertz Unified Development Code
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.
Sec. 21.5.12 Agricultural Conservation Planned Development District (ACPDD)
A. Intent and Purpose
1. The Agricultural Conservation (AC) District is intended to provide an alternative development option that supports the sustainable development goals of Schertz,
protects open space and natural resources, and retains the predominantly rural
character in the areas designated as Agricultural Conservation on the South and
North Schertz Framework Plans. It is not the intent of Schertz to create a zone for
future expansion of urban services through this ordinance. 2. The purposes of the AC District are:
a. To implement the goals of the Schertz Comprehensive Plan and Framework
Plans for agricultural conservation;
b. To allow development that permanently preserves the open space,
agricultural lands, woodlands, wetlands, critical views and other natural features of rural Schertz;
c. To allow limited development in rural areas that do not contain natural
resources, such as agricultural and forest lands, and significant natural areas
d. To connect open space, trails, and recreation sites within the Conservation
Subdivision District and to the integrated open space and recreation system of Schertz per the Framework Plan and Parks and Open Space Plan.
e. To allow flexibility in the placement and type of dwelling units within the
subdivision;
f. To promote the use of shared septic, drinking water and low-impact
stormwater systems that prevent the degradation of water quality; g. To reduce the amount of new roads and to allow flexibility in road
specifications for roads serving residences in the District; and
h. To reduce the amount of impervious surfaces in subdivisions, including
driveways,
B. Definitions.
The following definitions shall apply to the terms used in this Section of the UDC only.
For terms not specifically defined under this subsection, Article 16, Definitions shall
apply.
Active Recreation Uses: shall include playgrounds, ball fields, indoor or outdoor
pool/recreation facilities, any recreational area that includes significant
infrastructure or physical improvements for the purposes of active sports or
organized events (such as ball fields, basket ball courts, tennis courts, golf
courses, and similar facilities).
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Agricultural Conservation Subdivision (ACS): Any subdivision of land per the
standards in this Section of the UDC.
Agricultural Land: Land whose primary use is devoted to Agriculture as defined in
Article 16.
Conservation Easement: A conservation easement is a written agreement between a
landowner and the “holder” of the conservation easement under which a landowner voluntarily restricts certain uses of the property to protect its natural,
productive or cultural features. The holder of the conservation easement must be
a governmental entity or a qualified conservation organization. With a
conservation easement, the landowner retains legal title to the property and
determines the types of land uses to continue and those to restrict. As part of the arrangement, the landowner grants the holder of the conservation easement the
right to periodically assess the condition of the property to ensure that it is
maintained according to the terms of the legal agreement.
Designated Open Space: Open space that is designated within an ACS to be placed under a conservation easement permanently restricting future development or
other similar legal mechanism.
Developable Area: All land in a proposed ACS that are not defined as undevelopable
due to environmental conditions or in ordinances adopted by Schertz.
Gross Density: A residential density standard establishing the maximum number of
dwelling units allowed to be built in an ACS based on the gross acreage of the site
that includes all areas designated for streets, infrastructure, and open space.
Undevelopable Area: Those lands in a proposed ACS that are restricted from
development due to environmental conditions such as steep slopes, the presence
of wetlands or waterways, or are restricted from development under ordinances
adopted by Schertz .
C. Application Requirements
1. Application Required
Any request for an AC District shall be accompanied by an application prepared
in accordance with the Development Services Department Development Manual.
2. Accompanying Applications
A request for an AC District may be accompanied by an application for
amendment of the Future Land Use Map or by a Subdivision Master Plan.
Approval of an AC District shall require all subsequent development applications
to be consistent with the approved development regulations.
3. Tax Certificate Required
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All applications made as a request for an AC District shall be accompanied by a
copy of a Tax Certificate.
4. Minimum AC District Size
No AC District may be established on any area less than the following in size:
a. 40 contiguous acres (under single or multiple ownership subject to joint
submission);
b. Any area that is contiguous with an existing AC District that results in a total area of at least 50 acres.
D. Processing of Application and Decision: All applications for an AC District shall meet
the standards for the Processing of Application and Decision of a PDD in Sec. 21.5.10
(C) as amended.
E. Permitted Uses: Uses permitted by right and by Special Use Permit in the AC District
shall be the same as the ones permitted by right and Special Use Permit in the
Residential/Agricultural (RA) District
F. Development Standards: Development in the AC District shall meet the standards in this
section in addition to other standards set forth in an ordinance granting the AC District.
Other development standards may include 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.
1. Residential density: The maximum gross density established in AC District shall
be 0.2 dwelling units per acre.
2. Open Space Requirement: a. Conservation Subdivisions shall identify a conservation theme.
Conservation themes may include, but are not limited to: forest
preservation, water quality preservation, creek preservation, farmland
preservation, or view shed preservation. The conservation theme and the
North and South Schertz Framework Plans should guide the location and use of the designated open space.
b. A minimum of seventy percent (70%) of the gross total acreage in the
application, including developable and undevelopable land, shall be
designated as open space for natural habitat, passive recreation, and/or
conservation or preservation, including conservation for agricultural and forestry uses. Active recreation uses may be permitted, but the area
designated for such active recreation uses shall not exceed 20% of the total
required open space. The design criteria for such open space shall be as
follows:
i. Where possible, designated open space shall be contiguous with open space uses on adjacent parcels in order to provide large
expanses of open space.
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ii. Open space in AC Districts shall be physically connected,
whenever possible, to the Schertz Open Space System outlined in
the Schertz Parks Master Plan and North and South Schertz
Framework Plans. Designated public trail systems which abut an AC District shall be connected through the subdivision.
iii. Access shall be provided to designated active or passive recreation
areas or open space or natural areas from one or more streets in the
subdivision.
iv. Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where
public access should be limited.
c. Open Space Ownership and Management. All lands and improvements in
designated open space shall be established, managed and maintained in
accordance with the following guidelines: i. Designated open space shall be surveyed and subdivided as a
separate parcel or parcels.
ii. Designated open space must be restricted from further
development by a permanent conservation easement running with
the land or other similar legal instrument. The permanent conservation easement must be submitted with the application for a
AC District and approved by City Council.
iii. The permanent conservation easement may be held by the
following entities, but in no case may the holder of the
conservation easement be the same as the owner of the underlying fee:
(a) A common ownership association which owns other land
within the subdivision and in which membership in the
association by all property owners in the subdivision shall
be mandatory; (b) An individual who will use the land in accordance with the
permanent conservation easement;
(c) City of Schertz, or other governmental agency;
(d) A private, nonprofit organization that has been designated
by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code; or
(e) A combination of the entities in subsection (a)- (d) above.
iv. The permanent conservation easement must specify:
(a) what entity will maintain the designated open space.
(b) the purposes of the conservation easement and the conservation values of the property;
(c) the legal description of the land under the easement;
(a) the restrictions on the use of the land;
(b) the restriction from future development of the land;
(c) to what standards the open space will be maintained; and (d) who will have access to the open space.
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v. The owner of the underlying fee shall be responsible for the
payment of taxes and assessments on any designated open space
parcel.
3. Utilities. Individual well and septic systems are allowed in AC subdivisions,
however, common utilities (shared water and/or sewer or septic systems) are
encouraged. Common utilities shall meet the city’s standards for sewage
treatment systems.
4. Streets: Streets within the conservation subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts, and
minimize impervious surfaces:
a. Street design, widths and construction shall conform to the width and
standards contained in the street cross section without curb and gutters (or
low speed rural cross section) and as recommended in the North and South Schertz Sector Plans.
b. The number of local street intersections with collector and arterial roads
should be minimized, however, the applicant must demonstrate that such
intersections are adequate, have the capacity to handle traffic generated by
the proposed project, and will not endanger the safety of the general public.
c. If AC subdivisions abut one another or existing development, direct links
should be made to emphasize the connection between existing and new
development.
G. Conceptual and Development Plan: All applications for an AC District shall meet the
standards for Conceptual and Development Plan established for a PDD in Sec. 21.5.10
(E) to the extent they are not in conflict with the intent or text of the AC District.
H. Criteria for Approval: All applications for an AC District shall meet the Criteria for Approval established for a PDD in Sec. 21.5.10 (F) to the extent they are not in conflict
with the intent or text of the AC District.
I. Amendments: All applications for an AC District shall meet the standards for Conceptual
Amendments established for a PDD in Sec. 21.5.10 (G) to the extent they are not in conflict with the intent or text of the AC District.
Sec. 21.5.13 Estate Neighborhood Planned Development District (ENPDD)
A. Intent and Purpose 1. The Estate Neighborhood (EN) District is intended to provide an alternative
development option that supports the sustainable development goals of Schertz,
protects open space and natural resources, and retains the predominantly rural
character in the areas designated as Estate Neighborhood on the South Schertz Framework Plan. It shall be the alternative option to the RA zoning district. 2. The purposes of the EN District are:
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a. To implement the goals of the Schertz Comprehensive Plan and Framework
Plans for areas already zoned for ½ acre residential lots;
b. To allow development that balances open space preservation with
development opportunities by providing a more flexible residential cluster option;
c. To connect open space, trails, and recreation sites within the EN District and
to the integrated open space and recreation system of Schertz per the
Framework Plan and Parks and Open Space Plan.
e. To allow flexibility in the placement and type of dwelling units within the subdivision;
f. To promote the use of shared septic, drinking water and low-impact
stormwater systems that prevent the degradation of water quality;
g. To reduce the amount of new roads and to allow flexibility in road
specifications for roads serving residences in the District; and h. To reduce the amount of impervious surfaces in subdivisions, including
driveways,
B. Definitions.
The following definitions shall apply to the terms used in this Section of the UDC only. For terms not specifically defined under this subsection, Article 16, Definitions shall
apply.
Active Recreation Uses: shall include playgrounds, ball fields, indoor or outdoor
pool/recreation facilities, any recreational area that includes significant infrastructure or physical improvements for the purposes of active sports or organized events (such as ball fields, basket ball courts, tennis courts, golf
courses, and similar facilities).
Agricultural Land: Land whose primary use is devoted to Agriculture as defined in Article 16.
Conservation Easement: A conservation easement is a written agreement between a
landowner and the “holder” of the conservation easement under which a
landowner voluntarily restricts certain uses of the property to protect its natural, productive or cultural features. The holder of the conservation easement must be a governmental entity or a qualified conservation organization. With a
conservation easement, the landowner retains legal title to the property and
determines the types of land uses to continue and those to restrict. As part of the
arrangement, the landowner grants the holder of the conservation easement the right to periodically assess the condition of the property to ensure that it is maintained according to the terms of the legal agreement.
Designated Open Space: Open space that is designated within an ENS to be placed
under a conservation easement permanently restricting future development or other similar legal mechanism.
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Developable Area: All land in a proposed ENS that are not defined as undevelopable
due to environmental conditions or in ordinances adopted by Schertz.
Estate Neighborhood Subdivision (ENS): Any subdivision of land per the standards in this Section of the UDC.
Gross Density: A residential density standard establishing the maximum number of
dwelling units allowed to be built in an ENS based on the gross acreage of the site
that includes all areas designated for streets, infrastructure, and open space.
Undevelopable Area: Those lands in a proposed ENS that are restricted from
development due to environmental conditions such as steep slopes, the presence
of wetlands or waterways, or are restricted from development under ordinances
adopted by Schertz .
C. Application Requirements
1. Application Required
Any request for an EN District shall be accompanied by an application prepared
in accordance with the Development Services Department Development Manual.
2. Accompanying Applications
A request for an EN District may be accompanied by an application for
amendment of the Future Land Use Map or by a Subdivision Master Plan.
Approval of an EN District 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 an EN District shall be accompanied by a
copy of a Tax Certificate.
4. Minimum EN District Size
No EN District may be established on any area less than the following in size:
a. 20 contiguous acres (under single or multiple ownership subject to joint
submission); b. Any area that is contiguous with an existing EN District that results in a
total area of at least 25 acres.
D. Processing of Application and Decision: All applications for an EN District shall meet
the standards for the Processing of Application and Decision of a PDD in Sec. 21.5.10 (C) as amended.
E. Permitted Uses: Uses permitted by right and by Special Use Permit in the EN District
shall be the same as the ones permitted by right and Special Use Permit in the
Residential/Agricultural (RA) District
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F. Development Standards: Development in the EN District shall meet the standards in this
section in addition to other standards set forth in an ordinance granting the EN District.
Other development standards may include 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.
1. Residential density: The maximum gross density established in EN District shall
be 2 dwelling units per acre.
2. Open Space Requirement:
a. A minimum of fifty percent (50%) of the gross total acreage in the
application, including developable and undevelopable land, shall be
designated as open space for natural habitat, passive recreation, and/or conservation or preservation, including conservation for agricultural and
forestry uses. Active recreation uses may be permitted, but the area
designated for such active recreation uses shall not exceed 10% of the total
required open space. The design criteria for such open space shall be as
follows: i. Where possible, priority shall be placed on preserving drainage
corridors, creeks, steep slopes, wooded areas, view sheds, and
other environmental elements that can be featured within the EN
District. Where possible, designated open space shall be
contiguous with existing open space uses on adjacent parcels in order to provide large expanses of open space.
ii. Open space in EN Districts shall be physically connected,
whenever possible, to the Schertz Open Space System outlined in
the Schertz Parks Master Plan and North and South Schertz
Framework Plans. Designated public trail systems which abut an EN District shall be connected through the subdivision.
iii. Access shall be provided to designated active or passive recreation
areas or open space or natural areas from one or more streets in the
EN subdivision.
iv. Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where
public access should be limited.
c. Open Space Ownership and Management. All lands and improvements in
designated open space shall be established, managed and maintained in
accordance with the following guidelines: i. Designated open space shall be surveyed and subdivided as a
separate parcel or parcels.
ii. Designated open space must be restricted from further
development by a permanent conservation easement running with
the land or other similar legal instrument. The permanent conservation easement must be submitted with the application for
an EN District and approved by City Council.
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iii. The permanent conservation easement may be held by the
following entities, but in no case may the holder of the
conservation easement be the same as the owner of the underlying
fee: (a) A common ownership association which owns other land
within the subdivision and in which membership in the
association by all property owners in the subdivision shall be
mandatory;
(b) An individual who will use the land in accordance with the permanent conservation easement;
(c) City of Schertz, or other governmental agency;
(d) A private, nonprofit organization that has been designated by
the Internal Revenue Service as qualifying under section
501(c)(3) of the Internal Revenue Code; or (e) A combination of the entities in subsection (a)- (d) above.
iv. The permanent conservation easement must specify:
(a) what entity will maintain the designated open space.
(b) the purposes of the conservation easement and the conservation
values of the property; (c) the legal description of the land under the easement;
(d) the restrictions on the use of the land;
(e) the restriction from future development of the land;
(f) to what standards the open space will be maintained; and
(g) who will have access to the open space. v. The owner of the underlying fee shall be responsible for the
payment of taxes and assessments on any designated open space
parcel.
3. Streets: Streets within the EN subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts, and
minimize impervious surfaces:
a. Street design, widths and construction shall conform to the width and
standards contained in the street cross section without curb and gutters (or
low speed rural cross section) and or recommended in the North and South Schertz Sector Plans.
b. The number of local street intersections with collector and arterial roads
should be minimized, however, the applicant must demonstrate that such
intersections are adequate, have the capacity to handle traffic generated by
the proposed project, and will not endanger the safety of the general public. c. If EN subdivisions abut one another or existing development, direct links
should be made to emphasize the connection between existing and new
development.
G. Conceptual and Development Plan: All applications for an EN District shall meet the standards for Conceptual and Development Plan established for a PDD in Sec. 21.5.10
(E) to the extent they are not in conflict with the intent or text of the EN District.
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H. Criteria for Approval: All applications for an EN District shall meet the Criteria for
Approval established for a PDD in Sec. 21.5.10 (F) to the extent they are not in conflict
with the intent or text of the EN District.
I. Amendments: All applications for an EN District shall meet the standards for Conceptual
Amendments established for a PDD in Sec. 21.5.10 (G) to the extent they are not in
conflict with the intent or text of the EN District.
Sec. 21.5.14 Mixed Use Planned Development District (MUPDD)
A. PURPOSE & INTENT
The purpose and intent of the Mixed Use Zoning District (MU) is to implement the Mixed Use land use category guidelines established in the City’s Sector Plan. The MU
Zoning District is intended to:
1. allow a mixture of complementary land uses that include housing, retail, offices,
commercial services, and civic uses to create economic vitality and a potential rail-
ready development context; 2. emphasize vehicular and pedestrian connectivity to adjacent land uses that balance
neighborhood integrity with the transportation benefits of connectivity;
3. establish a high level of development standards to create development of exemplary
and enduring quality;
4. encourage the development of vertical and horizontal mixed-use areas that are safe, comfortable and attractive to pedestrians while protecting significant
environmentally sensitive areas;
5. provide flexibility in the siting and design of new developments and redevelopment
to anticipate changes in the marketplace while establishing human-scaled residential
and non-residential buildings; 6. leverage any significant environmental features on the site and treat them as
“features” and not constraints;
7. create of a variety of connected community gathering places and entertainment
opportunities of differing scales and character to make walking easy from one place
to another; 8. include a range of residential options that reflect changing lifestyles while balancing
market demand and community preferences;
9. provide appropriate transitions to protect any existing adjacent neighborhoods and
to promote sustained value; and
10. encourage efficient uses of land by facilitating compact development and minimizing the amount of land that is needed for surface parking.
B. RELATIONSHIP TO THE CITY OF SCHERTZ SECTOR PLAN & COMPREHENSIVE PLAN
The MU Zoning District implements the following goals of the Sector Plan:
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1. Encourage Mixed Use within a rail-ready development context at the potential Lone
Star Rail Station North Schertz.
2. Support an orderly transition of development from IH-35 to rail-ready development
3. Encourage Mixed Use in a Neighborhood Center setting at FM 1518 and Lower Seguin with a well designed neighborhood context around existing schools and
amenities in South Schertz.
C. APPLICABILITY
The MU zoning district shall be applicable to all properties that are designated as Mixed Use Core and Mixed Use Neighborhood in the City of Schertz’s Framework and Sector Plan.
D. D. DEFINITIONS
The following definitions shall apply to uses and category of uses listed in the MU schedule of uses and to other terms used in this section only. For terms not specifically
defined under this subsection, Article 16 Definitions shall apply.
Buffer Areas Along Creeks and Flood Plains. These are areas of land parallel to
each side of existing creeks and flood plains, set aside to protect riparian vegetation and filter waterborne pollutants.
Building Step-back. Building step-back is the setting back of the front building façade away from the street at a specific floor or height in order to maintain a consistent street wall.
Civic Uses. These are uses that are related to non-profit organizations dedicated to arts, culture, education, and government functions.
Comprehensive Land Plan. The Comprehensive Land Plan, as amended, serves as the community's blueprint for future development by providing guidelines for the appropriate location, concentration, and intensity of future development by
land use categories.
Conservation Easement. A conservation easement is a voluntary and permanent, legally binding, deed restriction that limits development of property for the purpose of protecting and preserving a portion of the City’s environmentally
sensitive and natural resources, including agricultural and ranching areas. The
landowner retains title to the property and the easement applies to all subsequent
owners. The easement must be held by a qualifying party approved by the City.
Continuous Planters. Continuous planters are tree wells between the vehicle
lane/parking lane and the sidewalk. These planters run parallel along the
sidewalk with a few breaks for pedestrian access from the parking lane to the sidewalk. The planters may be used for street trees and other landscaping
including shrubs and ground cover to soften the edge of the pavement.
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Environmental Preserve. An environmental preserve is natural open space
reserved for land that is under permanent conservation. It consists of areas in the
flood plain, woodlands to be preserved, creeks, water bodies, steep grades, and
other environmentally sensitive lands. Activities in the environmental preserve shall be limited to natural trails, paths, and equestrian trails. If significant water
access is available, canoe put-ins or other passive water recreation activities may
be permitted. The size of an environmental preserve may vary depending upon
the environmental element being preserved. Environmental preserves may also
be in conservation easements.
Façade. Façade(s) is the front of the building facing or oriented toward a street or
roadway, excluding alleyways.
Green. A green is an open space available for unstructured recreation. A green may be defined by landscaping rather than buildings. Its landscape consists of
land and trees in a natural arrangement, requiring minimal maintenance. The size
of a green shall range from 1 acre to 10 acres.
Horizontal Mixed Use. Horizontal mixed use is the location of different land uses, including commercial, retail, office, residential, public, and other uses in
proximity to one another in separate buildings but in the same development or
block.
Human Scale or Pedestrian Scale. Human scale is the proportional relationship of a particular building structure, or streetscape element to the human form and
function. Human scale relates the size, design, orientation, and/or height of a
structure to the height and mass of a pedestrian traveling along the sidewalk or
street adjacent to that structure. Generally human scale buildings are oriented
towards the street with appropriate design elements and amenities on the building façades fronting sidewalks to making it inviting for pedestrians.
Landscape Concept Plan. A landscape concept plan is a series of drawings that
includes design direction and general schematics for all proposed public and
private landscaping. Drawings do not have to detail every element but provide images that convey the important landscape design themes.
Live-work Unit. A live-work unit is a dwelling unit that is also used for work
purposes, provided that the ‘work’ component is restricted to the uses of
professional office, artist’s workshop, studio, or other similar uses and is located on the street level. The ‘live’ component may be located on the street level
(behind the work component) or any other level of the building.
Mixed Use Development. Mixed use development is any development that
proposes either vertical mixed use or horizontal mixed use in the same development of one or multiple buildings.
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Mixed Use Core. Mixed Use Core is a component area of a MU District and is
intended to be the area of highest intensity of land uses and buildings within the
overall Mixed Use development. The Mixed Use Core may include retail,
entertainment, office, institutional, arts, and other uses. Residential uses may be included if they are located in upper floors of mixed use buildings.
Mixed Use Transition. Mixed Use Transition is a component area of a MU and
is intended to be an area of transition from the Mixed Use Core or Neighborhood
to any adjoining land uses. Based on site-specific adjacency conditions, a Mixed Use Transition zone may be classified as one of the following:
• Neighborhood Transition zone – the area between an existing residential
neighborhood and a Mixed Use core or Neighborhood.
• Major Roadway Transition zone – the area between the Mixed Use Core or Neighborhood and a major roadway corridor.
• Environmental Transition zone – the area between the Mixed Use Core or
Neighborhood and a major environmental feature.
Mixed Use Neighborhood. A Mixed Use Neighborhood is a component area of a
MU with predominantly residential uses and open spaces. A Mixed Use
Neighborhood may also contain small-scaled civic uses at key locations.
Park. A park is a natural preserve available mainly for unstructured recreation. Any structured recreation shall be limited to less than 10% of the park. A park is
usually independent of surrounding building frontages. Its landscape consists of
natural paths, trails, meadows, woodlands, and open shelters. Its size shall range
from 5 - 10 acres.
Parks & Open Space Master Plan. The City’s adopted Parks & Open Space
Master Plan which establishes a comprehensive parks and trail system for the
community.
Plaza. A plaza is an open space available for civic purposes and limited commercial activities. A plaza is spatially defined by buildings and its landscape
shall consist primarily of pavement with trees being optional. Plazas are to be
located in the Mixed Use Core or Transition areas and shall be under a ¼ acre in
size. Plazas can be extensions of sidewalks for the purpose of providing outdoor
seating for restaurants and cafes. Primary or Principal Building. The primary building on a lot is also known as
the principal building and is the largest building on any lot that has more than one
building.
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Primary Entrance. The primary entrance is the main or principal pedestrian
entrance of all buildings (except outbuildings). The primary entrance is the
entrance designed for access by pedestrians from the sidewalk, or street if a
sidewalk is not present. This is the principal architectural entrance even though day-to-day residential access may be via a secondary entrance associated with a
garage, driveway or other vehicular use area.
Primary Street. A primary street(s) is a street that provides the main point(s) of
access from an arterial or collector roadway to the Mixed Use District’s interior street network.
Public Buildings. Public buildings are buildings used for government or related
functions, including public administration, courts, libraries, community centers,
and public safety functions.
Public Realm. The public realm is the area from building façade to building
façade. This includes the street, sidewalks and pedestrian amenities, any
landscaping strips or medians, parks, common yards, etc.
Public Street, Type A. Type A Public Streets are the primary pedestrian-oriented
streets and require a higher quality design environment and minimal
accommodation of auto-oriented ancillary uses (driveways and parking) with
respect to streetscape and building design.
Public Street, Type B. Type B Public Streets form the secondary street network
providing access to pedestrian oriented streets (Type A Streets) and may
accommodate automobile access to properties and uses.
Residential Loft. Residential loft is typically a residential unit designed to commercial standards (with high ceilings, open plans, and large windows) located
above street level commercial space.
Sector Plan. The City of Schertz Sector Plan, as amended, consisting of multiple
elements, as adopted by the City Council. Square. A square is generally a geometrically symmetrical open space of ½ to 2
acres, available for unstructured recreation and civic purposes. A square is
spatially defined by streets and buildings, at least on three sides. Its landscape
consists of paths, lawns, and trees, all formally arranged. Street Tree. A street tree is a tree or group of trees that line the edge of a street or
roadway and includes trees inside and outside the street right-of-way.
Streetscape Treatments. Streetscape treatments include all improvements in a right-of-way and adjacent to it that create an attractive and safe pedestrian
environment. Treatments shall include street trees, street light standards, street
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furniture, and trash receptacles. Streetscape treatments may also include a range
of features such as paving materials, street/pedestrian/wayfinding signs, media
boxes, parking meters, utility boxes, seating, public art/water features, bike racks,
bollards, information kiosks, and similar features.
Thoroughfare Plan. The Thoroughfare, as amended, serves as the community’s
blueprint for the City’s future transportation network based on the future land use
allocation and intensity.
Vertical Mixed Use. Vertical mixed use is a building or structure in which at
least one of the upper floors of a commercial building has residential uses (live-
work units or lofts) with retail or office uses at the other levels.
E. GENERAL DISTRICT STANDARDS:
1. Generally. A Mixed Use Zoning District shall consist of a minimum of two of the
following three distinct components designated in the ordinance creating the
district: a Mixed Use Core, Neighborhood, and Mixed Use Transition. Land uses in the district shall be established based upon the overall character and design of
the district. All MU districts shall be a minimum of 40 acres in size or can be
created by adding a minimum of 10 acres contiguous to an existing MU district.
All MU districts shall contain appropriately designed and scaled open spaces to
preserve existing wooded areas, stream corridors and views, and invite passive recreational activities. All MU districts shall contain appropriate transitions to
adjacent land uses. These components shall be established through a Conceptual
Plan and/or Development Plan at the time of rezoning.
2. Mixed Use Core Area. The Mixed Use Core Area shall be the primary location of the highest intensity of commercial, professional, retail and residential uses. .
3. Neighborhood. The Neighborhood is a component area of any MU Zoning
District that is predominantly residential in nature. Limited retail and civic uses
may be located at key points within the neighborhood. The location of the neighborhood shall be determined based upon the overall character and design of
the proposed MU district and the following criteria:
a. The neighborhood component is to be located adjacent to the Mixed Use
Core and any Mixed Use Transitions ; b. The neighborhood shall be well integrated with proposed open space and
other civic uses to create a sense of place;
c. The neighborhood shall also be integrated with proposed Mixed Use Core
and/or Mixed Use Transitions in a manner that provides automobile and
pedestrian access within the proposed MU Zoning District; and d. Uses in the neighborhood shall be to the density and scale that is
appropriate based on the context and character of the proposed district.
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4. Mixed Use Transition. MU Zoning Districts may, at the election of the applicant
and based on the development context, also include appropriate Mixed Use
Transition components which are the areas between the Mixed Use Core and/or
Neighborhood to adjoining conditions.
5. Open Space. The open space component shall be integrated into the overall
design of the Mixed Use Zoning District.
a. The type, scale, location, and design of the open space component shall depend on the context and location of the other components of the MU district.
b. Square, parks, greens, and environmental preserves are encouraged in all
components. Plazas may serve as open spaces and shall only be appropriate in
the Mixed Use Core.
F. SCHEDULE OF USES
1. Uses within the MU shall be in accordance with the following schedule of uses
(Table 1).
P Use is permitted in the district indicated
S Use is permitted in the district indicated upon approval of Specific Use Permit
P/D Use is permitted in the district indicated with additional Design Criteria
Use is prohibited in the district indicated
Table 1: Schedule of Uses
MIXED USE
MU-C MU-N MU-T
PERMITTED USES
Mi
x
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U
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Mi
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o
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Mi
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Design Criteria for uses designated as P/D
Accessory Building, Residential P P
Agricultural/Field Crops Airport, Heliport or Landing Field Alcohol Package Sales S
Antenna and/or Antenna Support Structure, Commercial
Antique Shop P P/D In buildings 10,000 sq.ft. or less
Appliances, Furniture and Home Furnishings Store P P/D In buildings 10,000 sq.ft. or less
Art Gallery/Library/Museum P P/D In buildings 10,000 sq.ft. or less
Assisted Care or Living Facility P S Athletic Stadium, Private
Athletic Stadium, Public
Automobile Parking Structure/Garage P Automobile Parts Sales P
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MIXED USE
MU-C MU-N MU-T
PERMITTED USES
Mi
x
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- Co
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Mi
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-
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b
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Design Criteria for uses
designated as P/D
Automobile Repairs & Service, Major
Automobile Repairs & Service, Minor
Automobile Sales
Bakery P P/D In buildings 10,000 sq.ft. or less
Bank, Saving and Loan, Credit Union P P/D In buildings 10,000 sq.ft. or less
Beauty Salon/Barber Shop P P/D In buildings 10,000 sq.ft. or less
Bed and Breakfast Inn P S S Book Store P P/D In buildings 10,000 sq.ft. or less
Bottling Works Building Material and Hardware Sales P Cabinet or Upholstery Shop P Car Wash, Automated
Car Wash, Self Serve
Cemetery or Mausoleum
Church, Temple, Synagogue, Mosque, or Other Place of Worship P S
Civic/Convention Center P
College, University, Trade, or Private Boarding School P
Commercial Amusement, Indoor S
Commercial Amusement, Outdoor
Community Center P S
Concrete/Asphalt Batching Plant
Convenience Store w/o Gas Pumps P P/D In buildings 10,000 sq.ft. or less
Convenience Store w/ Gas Pumps P/D Gas pumps and canopy design per Section 8(g)
Dance Hall/Night Club P
Day Care Center P P
Department Store P
Drive-thru service (for any use) P/D Drive-thru service design per
Section 8(g)
Dry Cleaning, Major S Dry Cleaning, Minor P P/D In buildings 10,000 sq.ft. or less
Family or Group Home P S P
Farmers Market P
Flea Market, Inside Flea Market, Outside Florist P P/D In buildings 10,000 sq.ft. or less
Fraternity, Sorority, Civic Club or Lodge P P/D In buildings 10,000 sq.ft. or less
Furniture Sales P Gasoline Station/Fuel Pumps
Gated Community
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MIXED USE
MU-C MU-N MU-T
PERMITTED USES
Mi
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Mi
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Design Criteria for uses
designated as P/D
General Manufacturing/Industrial Use Golf Course and/or Country Club S S S
Governmental Facilities P P/D In buildings 10,000 sq.ft. or less
Gymnastics/Dance Studio P P/D In buildings 10,000 sq.ft. or less
Hazardous Waste Health/Fitness Center P
Heavy Equipment Sales, Service or Rental
Home Improvement Center P Hospital P Hotel/Motel P
Household Appliance Service and Repair P
In-Home Day Care P S S Landfill Laundromat P
Livestock
Locksmith/Security System Company P S Medical, Dental or Professional Office/Clinic P P Mini-Warehouse/Public Storage
Manufactured/Mobile Homes
Manufacturing
Mortuary/Funeral Home
Multi-Family Apartment Dwelling P P
Municipal Uses Operated by the City P P P Museum P Neighborhood store/restaurant P P/D P/D In buildings 10,000 sq ft or less
Nursery, Major
Nursery, Minor P S
Office Showroom P Office-Warehouse/Distribution Center One-Family Dwelling Attached P P
One-Family Dwelling Detached P P
Packaging/Mailing Store P Park/Playground/Similar Public Site P P P Pawn Shop
Pet Store P
Pharmacy P Portable Building Sales
Post Office P
Print Shop, Major
Print Shop, Minor P Private Club P Railroad/Bus Passenger Station P P/D In buildings 10,000 sq.ft. or less
Recreational Vehicle Park
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MIXED USE
MU-C MU-N MU-T
PERMITTED USES
Mi
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Mi
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Design Criteria for uses
designated as P/D
Recreational Vehicle Sales and Service Recycling Collection Center
Recycling Collection Point P
Recycling Facility Rehabilitation Care Facility Restaurant, Drive-In
Restaurant or Cafeteria P P/D In buildings 10,000 sq.ft. or less
Retail Stores and Shops P P/D In buildings 10,000 sq.ft. or less
School, Public or Private P S S Sexually Oriented Business
Stable, Commercial
Storage or Wholesale Warehouse Tattoo Parlors/Studios Tavern P
Taxidermist
Theater, Outdoor S Theater, Indoor P Tool Rental
Trailer/Manufactured Homes Sales
Truck Sales, Heavy Equipment
Truck Terminal
Two-Family Dwelling S P
Veterinarian Clinic / Kennel, Indoor P Veterinarian Clinic / Kennel, Outdoor
Welding/Machine Shop
Wrecking or Salvage Yard
New and Unlisted Uses S S S
2. Table 2 shows the proportions of components required to create a MU district. A
minimum of two out of three MU Zoning District components (in addition to the
minimum required Open Space) must be combined for a total of 100% within the MU district. The City Council may vary percentages within the limits indicated based upon site specific conditions in the ordinance establishing the district. The
percentages shall be calculated based upon the gross area of the MU district being
proposed.
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TABLE 2 – MU Component Proportion Required
P
P
Core 20% + 30%; -20%
Neighborhood 60% ± 30% Transition 5% + 20%; -5% Open Space 10% (min.) +10%
G. DEVELOPMENT STANDARDS
1. Standards in the MU District are intended to facilitate the development of unique
and pedestrian-friendly environments. To this end, design and development
standards are intended to be tailored to create such an environment. In order to provide flexibility in use with prescription of the building form, all applicable
development standards for each development project in the MU, including listing
any applicable sections of the City of Schertz Unified Development Code that the
particular development project may be exempt from, shall be established via the
ordinance rezoning the property. If there are any conflicts between standards in Table 3 below and any other standards in the UDC, then standards in Table 3
below shall prevail.
2. Accessory Buildings, Uses, and Structures – Standards in Section 21.8.2. shall
apply unless other standards are proposed by the applicant and approved by City Council.
3. The following standards shall apply to development in the Mixed Use Zoning
District. Most standards have a numerical range and few have a specific
numerical value. Due to the inapplicability of one development standard across all Mixed Use districts and to encourage a diversity of development proposals, the
developer shall propose the standards indicated as “Flexible” or
“Permitted/Flexible” on the following table for the proposed development at the
time of conceptual plan application submittal. However the proposed standards
shall be based on the Purpose and Intent and Performance and Design Standards of the Mixed Use Zoning District.
TABLE 3
Mixed Use Development Standard Core Neighborhood Transition
1.0 Street Design Standards (This standard applies only to new streets located in the Mixed Use District)
Street design standards in the MU District shall be based upon creating a safe and inviting walking environment through an interconnected network of roads with sidewalks, street trees, street furniture, and amenities. Cul-de-sacs are prohibited unless natural features such as topography or stream
corridors prevent a street connection. The right-of-way widths for streets in the MU shall depend on the street typology and streetscape standards proposed and approved in the ordinance creating the district. Applicant shall establish a network of both Type A and Type B Public Streets. The North and South Schertz Sector Plan shall be used as a guide for street design standards within the MU. The ITE Manual for Context Sensitive Solutions in Designing Major Thoroughfares (referenced as ITE Manual) may also be used in lieu of the Sector Plan to develop alternative street design standards within the MU, subject to the approval of the City.
a. Design speed ≤25 mph (except new collector or arterial streets)
< 25 mph ≤25 mph (except new collector or arterial streets)
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TABLE 3
Mixed Use Development Standard Core Neighborhood Transition
b. Street types allowed (see Sector Plan for recommended R-O-W and cross sections or ITE Manual)
Boulevards: 4-lane divided) Avenues: 3-lane divided Main streets Residential streets: 2-lane undivided Commercial Alleys
Avenues: 3-lane divided Residential streets: 2-lane undivided Residential Alleys
Boulevards: 4-lane divided) Avenues: 3-lane divided Main streets Residential streets: 2-lane undivided Commercial and/or Residential Alleys
c. Travel lane widths ITE Manual standards shall apply d. Turning radii
e. On-street Parking (along all streets except arterials and alleys)
• Parallel
• Angled (only if vehicles per day are projected to be less than 8,000)
• Head in
Permitted
Permitted Not permitted
Permitted
Not permitted Not permitted
Permitted
Not permitted Not permitted
f. Parking lane width Parallel
Angled
8 feet
18 feet
7 - 8 feet
N/A
8 feet
18 feet
g. Alleys1 Permitted/Flexible Permitted/Flexible Permitted/Flexible
2.0 Streetscape Standards
a. Sidewalks/Trails/ Walkways 6 feet (minimum) 5 feet (minimum) 5 feet (minimum)
b. Planter/Planting Strip
Type2
Tree wells or Planters/Planting strips Planters/Planting strips Planters/Planting strips
c. Planter/Planting Strip width 6’ X 6’ tree well or 6 feet – 8 feet wide planting strip 6 feet – 8 feet wide planting strip 6 feet – 8 feet wide planting strip
d. Street trees Required/Flexible Required/Flexible Required/Flexible
The applicant shall submit a proposed street tree planting plan, including a tree palette and spacing as a part of the Landscape Concept Plan, which shall be reviewed by the City and must be approved by the City Council at the time of Concept Plan and zoning change. The requirements for the landscape
concept plan are outlined in Section H (10). 3. Open/Civic Space Standards
a. Open/Civic Space Required/Flexible Squares and plazas are appropriate
Required/Flexible, Squares and greens are appropriate Required/Flexible, squares and greens are appropriate
*Overall open/civic space allocations in the MU district shall be a minimum of 10% of the gross area of the entire site included in the MU concept plan and shall be distributed appropriately between the MU components. The location and design of appropriate open spaces shall be based on Section H (9) of this Section. 4. Block and Lot Standards
a. Block Type Regular (square or rectangular) Irregular blocks may be permitted only if natural topography and/or vegetation prevents a rectilinear grid
Regular or irregular (square, rectangular, or curvilinear based on topography and vegetation)
Regular or irregular (square, rectangular, or curvilinear based on topography and vegetation)
b. Block Perimeter Max. block perimeter = 1,600’ Max. block perimeter = 2,000’
(unless limited by unique site conditions such as topography and vegetation)
Max. block perimeter = 2,000’ (unless
limited by unique site conditions such as topography and vegetation)
c. Lot Area Flexible Flexible Flexible
d. Lot Width and Depth Flexible Flexible Flexible
e. Maximum Lot Coverage Flexible Flexible Flexible
f. Maximum Impervious Cover Flexible Flexible Flexible
1 Alleys shall be required for all development with lots 60 feet or less in width. 2 Planters or Planting Strips are required for all new public streets in the MU (with the exception of alleys).
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TABLE 3
Mixed Use Development Standard Core Neighborhood Transition
5.0 Building Standards a. Principal Building
Height*
1 story (minimum)
8 stories (maximum)
1 story (minimum)
3 stories (maximum)
1 story (minimum)
4 stories (maximum)
* Building height shall be measured in number of stories. Attics and mezzanines shall be excluded from the height calculation as long as they do not exceed 50% of the floor area of a typical floor in the same building. b. Setbacks**
• Front
• Side
• Rear
15 feet (maximum)
Flexible Flexible
Flexible
Flexible Flexible
Flexible
Flexible Flexible
**Minimum and/or maximum setback standards are to be proposed by the applicant for each component area based on the Purpose and Intent of the MU District and Performance and Design Standards established in Section H of this Code. c. Accessory buildings Permitted/Flexible Permitted/Flexible Permitted/Flexible
Standards for accessory uses and structures shall be provided by the applicant. The standards shall result in accessory buildings being subordinate in size and scale to the principal building. Standards in Sec. 21.8.2., Accessory Buildings shall apply if the applicant does not specifically provide regulations for accessory uses and structures. d. Principal building orientation Buildings shall be oriented to a Type A street or toward another focal point such as a park, plaza, square, other open space or environmental feature. See subsections I for additional requirements.
e. Building façade & architectural design standards
The applicant shall propose appropriate building façade and architectural design standards for all the MU components in the development with the application for zoning change/concept plan. They shall be based on the criteria established in subsections I of this ordinance. 6. Site Design Standards
a. Off-street parking The applicant shall propose off-street parking standards appropriate to serve the proposed uses in the MU. Standards in Sec. 21.10.4 shall be used as a guide to establish parking standards but parking standards unique to the MU shall be established in the ordinance creating the MU. Section H (6) shall regulate the location and design of all proposed off-street parking including any structured parking proposed. Parking standards in the MU are intended to be flexible due to the mixed use nature, shared parking opportunities, and availability of on-street parking.
b. Off-street loading Section 21.10.8 applies unless alternative standards are provided N/A Section 21.10.8 applies for non-residential uses only unless alternative standards are provided
c. Screening 1. Trash/recycling receptacles
Required/Flexible
Required for non-residential uses Flexible for residential uses (along alleys if alleys are provided)
2. Other utility equipment See Sec. 21.9.9
3. Loading spaces Required for non-residential uses. Section 21.9.9 applies for non-residential uses only unless alternative standards are provided
4. Surface parking areas Required/Flexible (Standards in Article 9 of the UDC shall apply to any surface parking located along any public street with the exception of alleys unless the applicant proposes alternative screening standards at the time of concept plan/zoning change application. )
d. Landscaping# 1. Landscape buffer between surface parking and sidewalks/trails and streets (except alleys)
Required/Flexible
N/A
Required only for non-residential uses
2. Parking lot minimum interior landscaping
Flexible N/A Flexible
# The applicant shall provide a landscape concept plan per Section H (10) with the concept plan application that identifies landscape themes and general design approach addressing street tree planting, streetscape treatments, any required screening, parking lot landscaping, and landscaping proposed in all the identified open space areas. Information provided at the concept plan phase may be schematic meeting the design intent of the proposed development. Detailed landscaping plans shall be required at the site plan stage for all non-residential development.
e. Lighting 1. Building entrances 2. Parking areas, trails,
and streets
Required/Flexible (As a part of the concept plan application, the applicant shall propose lighting standards that includes street light standards and other amenities as a part of the streetscape treatment plan. The landscape concept plan may be combined with a concept plan for lighting.)
f. Signs Flexible (Flexible signage in the Mixed Use District may be proposed by the applicant to City Council. Signage in the MU shall integrate the streetscape and architectural design of the district through a palette of signs that enhance the
pedestrian environment and create a unique identity.)
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H. PERFORMANCE & DESIGN STANDARDS
1. General Layout Standards.
a. The proposed district shall contain a network of connected streets and walkways that provide a variety of transportation routes and disperse traffic.
Streets shall be designed to create a pleasant walking environment with on-
street parking and streetscape treatments.
b. The proposed district shall contain designated sites for civic, institutional, or religious buildings. Buildings such as schools, libraries, meeting halls, places
of worship, and day care facilities shall occupy prominent places in the MU
and be planned in coordination with open spaces.
c. The proposed district shall contain many separate and human-scaled buildings:
i. The lots and a variety of buildings shall generate a cohesive pattern that
allows streets to be civic places.
ii. Building heights shall vary, with one to six story structures typical in the Core, one to four story structures in Transition area and one to three story structures in the Neighborhood area. Buildings shall help define the
sidewalks and streets.
iii. Driveway sizes and locations shall minimize the impact of the automobile
on the public realm and shall be located along Type “B” Public Streets or along alleys.
2. Building Orientation.
a. Non-residential and mixed use buildings shall have a minimum of 25% of their building frontage oriented along a Type “B” Public street, arterial,
highway frontage, or collector streets and a minimum of 65% of their building
frontage oriented along Type “A” Public Streets (with the exception of alleys
which shall have no minimum building frontage requirement) (see illustration
below applicability of minimum building frontage requirement along a block).
b. Residential buildings shall have a minimum of 25% of their building frontage
oriented along a Type “B” Public street, arterial, highway frontage, or
collector streets and a minimum of 50% of their building frontage oriented
along Type “A” Public Streets (with the exception of alleys which shall have no minimum building frontage requirement).
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Minimum Building Frontage Required for Non-Residential and Mixed Use Buildings
3. Building Entrances.
a. Primary facades along Type “A” Public Streets shall contain the main entrance of any principal building.
b. All principal buildings in the MU located on a Type “A”
Public Street serving the development shall also have doors,
windows, and other architectural features facing that street. Non-residential or mixed use corner buildings shall have at least one customer entrance facing each street or a corner
entrance instead of two entrances.
4. Building Façade Standards. a. The minimum ground floor height as measured from the finished sidewalk to
the second floor for all vertical mixed use, commercial, and live-work
buildings shall be 12 feet. The minimum finished floor height for all upper
floors of vertical mixed use, commercial, and live-work buildings shall be 9 feet. The minimum floor to floor height for all other buildings shall be 9 feet.
b. The ground floor elevation of all residential buildings (attached, detached, and
stacked) shall be raised a minimum of two (2) feet above the finished level of
the public sidewalk/trail in front of the residential structures unless the building is setback more than 10 feet from the public sidewalk.
c. All development shall provide ground floor windows on the building façade
facing and adjacent to a street (with the exception of alleys) or facing onto a
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park, plaza, or other civic space. The required area of windows and doors on
each street façade fronting a Type “A” street, park, square, green, plaza, or
other civic space as a percentage of that façade shall be established in Table 4.
The required minimum area of windows and doors on all other street facades (Type “B” Public Streets with the exception of alleys) may be reduced by
20% of the corresponding requirement along a Type “A” Public street façade.
Table 4
Building and Façade Core Neighborhood Transition
All principal building facades
Ground floor facade Windows and doors Minimum 40% 30% 30%
Maximum 90% 60% 60%
Upper floor facade Windows and doors Minimum 25% 30% 30%
Maximum 60% 60% 60%
d. Darkly tinted windows and mirrored windows that block two-way visibility shall not be permitted along ground floor facades.
e. All vertical mixed use and non-residential buildings shall have door openings
spaced at no greater than 60 feet on the ground floor along all Type “A”
streets, plazas, squares, or other civic spaces within the Mixed Use Core zone. 5. Architectural Design Standards.
a. To ensure compatibility of building types and to relate new buildings to the
building traditions of the region, architectural design shall be regulated, governed, and enforced through architectural design standards proposed by the applicant. The applicant shall submit the proposed standards as a part of
the concept plan application for all development in the MU. The Planning and
Zoning Commission shall make a recommendation and is subject to the
approval of the City Council at the time of Concept Plan. b. Architectural design standards for a proposed MU shall:
i. specify the materials and configurations permitted for walls, roofs,
openings, street furniture, and other elements; ii. be based on traditional building precedents from the region; iii. include the following:
• architectural compatibility among structures within the
neighborhood;
• human scale design;
• pedestrian use of the entire district;
• relationship to the street, to surrounding buildings, and to adjoining land uses; and
• special architectural treatment of gateways/civic buildings.
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c. All building frontages along public and private streets (with the exception of
alleys) shall break any flat, monolithic facades by including architectural
elements such as bay windows, recessed entrances, or other articulations
(vertical and horizontal) so as to provide pedestrian interest along the street level façade including discernible and architecturally appropriate features such
as, but not limited to, porches, cornices, bases, fenestration, fluted masonry,
bays, recesses, arcades, display windows, unique entry areas, plazas, courts, or
other treatments to create visual interest, community character, and promote a
sense of pedestrian scale. Expanses of blank walls exceeding 30 continuous feet are prohibited along all Type “A” streets and 50 continuous feet along all
other streets except alleys.
d. All buildings in the MU Zoning District shall be constructed with exterior
building materials and finishes of a quality to convey an impression of permanence and durability. Materials such as masonry, stucco, stone, terra
cotta, ceramic tiles, and similar durable architectural materials are allowed and
shall be approved with the Concept Plan for the district.
e. Non-residential buildings and sites shall be organized to group the utilitarian functions away from the public view of any street (with the exception of
alleys). Delivery and loading operations, HVAC equipment, trash compacting
and collection, and other utility and service functions shall be incorporated
into the overall design of the buildings and landscaping. The visual and
acoustic impacts of all mechanical, electrical, and communications equipments (ground and roof-mounted) shall not be visible from adjacent
properties and public streets, and screening materials and landscape screens
shall be architecturally compatible with and similar to the building materials
of the principal structures on the lot.
6. Location and Design of Off-Street Parking.
a. The applicant shall provide standards for the quantity of off-street parking
proposed in the district based on an analysis of the parking demand for the
mix of uses proposed and availability of on-street parking in the district. Section 21.10.4 shall be used as a guide to establish the amount of parking
required for uses proposed in the MU if the applicant does not specifically
provide alternative standards. The City Council may establish the alternative
parking standards proposed by the applicant in the ordinance establishing the
district.
b. Off-street parking (within surface parking lots) for all non-residential and
mixed uses located along Type “A” Streets shall be limited to 35% or less of
the block frontage and 75% or less on Type B Streets, arterial, collector, and
highway frontage streets (see corresponding building frontage requirement).
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c. Any off-street surface parking area located adjacent to a street or a residential
use shall be screened in the form of a landscape fence which is at least four
feet (4’) in height.
d. A surface parking lot may not be adjacent to a street intersection or square, or occupy a lot that terminates a street vista.
e. Shared parking facilities are encouraged for non-residential uses in the MU.
b. Bicycle parking shall be provided for non-residential uses, especially for
schools, parks, trails, and other recreational facilities. Bicycle parking shall
be provided at a rate of 5% of all off-street automobile parking spaces provided for non-residential and mixed uses in the district. Bicycle parking
may be shared between uses and shall be centrally located, easily accessible,
and visible from streets or parking lots. They may be located between the
roadway and the building facades as long as their location does not impede
pedestrian walkways.
c. Any off-street parking provided for residential uses shall be located in such a
manner as to minimize the impact of garages and driveways along the
residential street. All residential lots that are less than 60 feet in width shall
have off-street parking and/or garages accessed from alleys. All lots 60 feet
and wider may have front loaded garages (pull-through garages), but in no case shall the width of the garage exceed 40% of the front façade width of the
entire building. In addition, the garage shall be set back at least three feet (3’)
from the front façade of the home.
7. Design of Automobile Related Site Elements (Drive Throughs, Gas Canopies, etc.)
a. Drive-through lanes, drive up windows, service bays, and other auto-related
site elements shall not be located along or be visible from any Type “A”
Public Street.
b. Along Type “B” Streets, no more than two drive-through lanes shall be
permitted along that lot’s street frontage. In addition, no more than 60% of
the lot’s frontage along a Type “B” Street shall be dedicated to auto-related
site elements (see illustration below).
c. Drive-through lanes shall be hidden behind a screening device (min. 4’ in height) along the Type “B” street frontage. There shall be no limit to the
number or frontage of drive-through lanes located along alleys.
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Image showing appropriate design of auto-related site elements
d. All off-street loading, unloading, and trash pick-up areas shall be located along alleys only. Such uses may be located along Type “B” Streets only if the lot has no access to an alley. Any off-street loading, unloading, or trash
pick-up areas shall be screened in accordance with Section 21.9.7.
8. Design of Parking Structures
a. All frontages of parking structures located on Type “A” Streets shall be lined by active commercial uses on the ground floor to a minimum depth of 25’.
b. Parking structure facades on all public streets (except alleys) shall be designed
with both vertical (façade rhythm of 20’ – 30’) and horizontal (aligning with
horizontal elements in the block) articulation.
Images showing appropriate design of parking structures
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c. Where above ground structured parking is located at the perimeter of a
building, it shall be screened in such a way that cars on all parking levels are
not visible from adjacent buildings or the street. Parking garage ramps shall
not be visible from any public street. Ideally, ramps shall not be located along the perimeter of the parking structure. Architectural screens shall be used to
articulate the façade, hide parked vehicles, and shield lighting.
9. Civic/Open Space Standards.
a. The provision of adequate and appropriate civic/open space areas shall be integral to all development in the district. The minimum requirement for civic/open space in the district is 10% of the gross area of the property(ies)
proposed for rezoning under a single Conceptual or Development Plan which
shall be dedicated open space and shall be included in the zoning
change/development plan application for a proposed MU zoning district. b. The civic/open space provided shall be appropriately designed and scaled in
each of the district components.
c. The following criteria shall be used to evaluate the merits of proposed civic/open spaces in the MU:
i. The extent to which environmental elements preserved are considered as
“features” or “focal points” and integrated into and prominently located as
“front yards” in the development; adding value to the development; ii. The extent to which emphasis has been placed on preservation of existing wooded areas, view sheds, water bodies, topography, and stream corridors
in a natural and contiguous state;
iii. The extent to which pedestrian connectivity in the form of sidewalks,
natural walking paths along stream and creek corridors has been addressed; and iv. The extent to which a range of open spaces have been provided to be
contiguous with existing open spaces and to invite passive recreational
uses from plazas and squares to playgrounds, parks and environmental
preserves, appropriately organized within the respective MU component. d. Open spaces may be in the form of pocket parks, children’s play areas,
squares, linear greens, and environmental preserves. Active sports fields and
structured recreational activities shall be limited to less than 10% of any parks
located in the district. 10. Landscaping Standards.
a. The purpose of landscaping in the MU is to enhance pedestrian and open
space areas, to help delineate active areas from passive areas, to provide a screening buffer between pedestrians and vehicular circulation, utility functions, and incompatible adjacent developments.
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b. The applicant shall submit a landscape concept plan in conjunction with the
zoning change and concept plan application. The landscape concept plan
establishes the design direction and general schematics for all proposed landscaping including all aspects of the public realm such as street trees,
plant/tree palette, streetscape treatments, pavement details, front yards, and
medians; proposals for required parking lot landscaping, screening, design
concepts for all open spaces, and lighting.
c. Proposed landscaping shall meet the following standards:
i. Be pedestrian oriented.
ii. Designed in such a way to not create a security or physical hazard to
pedestrians, bicyclists or motorists. iii. Enhance or complement the architectural design of the mixed-use
development.
iv. Provide visual interest year-round. Utilize water conservation methods and
drought tolerant planting where possible.
v. Shall be provided between parking lots and all adjacent sidewalks. vi. Meet the standards for Installation and Maintenance in Section 21.9.7 (C).
vii. Propose a plant/tree palette that mostly includes native species.
I. APPLICATIONS AND DEVELOPMENT REVIEW PROCESS
1. An applicant requesting a rezoning to the MU shall submit an application that meets the requirements of this Section and Section 21.5.10 (B) Application Requirements for a
Planned Development District (PDD). 2. Processing of Application and Decision: shall meet the requirements of Section 21.5.10
(C) for a Planned Development District (PDD).
3. The application shall submit a Conceptual and Development Plan that meets the
requirements of Section 21.5.10 (E) for a Planned Development District (PDD). In addition to the requirements of Section 21.5.10 (E), the applicant shall also adequately
demonstrate the compliance with the Development Standards within this Section.
4. The application for MU shall meet the standards in Section 21.5.10 (F) Criteria for
Approval and Section 21.5.10 (G) Amendments for a Planned Development District
(PDD).
J. MODIFICATIONS
The City Council may approve modifications to any established standards in the MU after a recommendation by the Planning and Zoning Commission based on unique site conditions and
development context at the time of the application. In granting a modification, the City Council
may impose any conditions that it deems necessary or desirable to protect the public interest and
implement the goals of the City’s Sector Plan with respect to mixed use.
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Sec. 21.5.15 Design Overlay Districts (DO)
A. Purpose and Intent The purpose of this section is to provide a set of Design Overlay Districts that correspond with existing zoning and establish a coherent character and encourage enduring and
attractive development.
B. Applicability Standards in this section apply in addition to standards in Article 9 Site Design Standards to the extent that the standards in Article 9 are not in conflict with standards in this
section. In case of any conflicts, the stricter of the 2 standards shall apply.
C. Overlay Districts Established: Four (4) Overlay Districts shall be established per this Section. 1. Purpose and Applicability
a. Highway Commercial Overlay District (DOHC): The Highway Commercial
Overlay District maintains land uses in the underlying current zoning. The
Highway Commercial Overlay District is to be placed over I-10 and I-35 frontage where the underlying zoning is General Business (GB) zone. In addition, the Highway Commercial Overlay District shall apply to all
properties with frontage on FM 78 as designated on Exhibit A.
Development standards in this Overlay District are intended to take
advantage of the visibility along the highway for more auto‐oriented
development while transitioning towards a more pedestrian oriented
frontage along the interior roads. Generally, this frontage type may
accommodate large‐format retail or office sites with surface parking along
the site’s highway frontage. The goal is to minimize the impact of large,
surface parking lots and discourage the “big‐box” look. In addition, the
site shall be planned in such a manner as to facilitate a more urban block infill development pattern with respect to building pads, parking, driveways and service areas.
b. Campus Commercial Overlay District (DOCC): The Campus Commercial
Overlay District shall maintain the land uses in the current underlying zoning. However, the development standards for this Overlay District are intended to address development in areas marked as Campus Commercial in
the North and South Schertz Framework Plans. Development standards in
this district are intended to take advantage of the large and underutilized
parcels with access to regional connectors. Generally, this district may
accommodate large‐format office sites with surface parking within the
interior of the lot/block and screened from public view along internal streets.
The goal is to minimize the impact of large, surface parking lots and
encourage the “office park” look. In addition, the site shall be planned in such a manner as to facilitate a more urban block infill development pattern
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with respect to building pads, parking, driveways, and service areas, when
the market can accommodate it.
c. Industrial Overlay District (DOI): The Industrial Overlay District maintains underlying uses from current zoning. The Industrial Overlay standards are
intended to allow both small incremental redevelopment and large
redevelopment of industrial uses. In addition, the site shall be planned in
such a manner as to locate buildings at corners of intersections to anchor
that intersection with mid‐block screened surface parking along the
corridor.
d. Downtown Overlay District (DOD): The Downtown Overlay District is
intended to implement the recommendations of the Schertz Downtown Revitalization Plan by establishing alternative development standards to
facilitate adaptive reuse of existing structures.
D. Standards in the Highway Commercial Overlay District
1. Building Design Standards a. The Building Design Standards and Guidelines for the Overlay Districts in
North and South Sectors shall establish a coherent urban character and
encourage enduring and attractive development. Development plans shall be
reviewed by the Planning and Development Director or designee for compliance with the standards below. Buildings shall be located and designed so that they provide visual interest and create enjoyable,
human‐scaled spaces. The following standards apply:
i. Buildings shall be oriented towards Primary Streets, where the lot has frontage along a Primary street. All other buildings shall be oriented towards the Secondary streets or Civic Spaces. If the lot does not front
a Secondary Street or the Primary then it may front a Tertiary Street.
ii. Primary entrance to buildings shall be located on the street along
which the building is oriented. At intersections, corner buildings may have their primary entrances oriented at an angle to the intersection. iii. All primary entrances shall be oriented to the public sidewalk for ease
of pedestrian access. Secondary and service entrances may be located
from internal parking areas or alleys.
vi. Façade Composition: a) Building facades with Highway and Primary Street frontages shall be designed and built in tripartite architecture so that they have a
distinct Base, Middle and Cap.
b) Storefronts on façades that span multiple tenants shall use
architecturally compatible materials, colors, details, awnings, signage and lighting fixtures. c) Building entrances shall be defined and articulated by using at least
one of the following architectural elements: lintels, pediments,
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pilasters, columns, porticos, porches, overhangs, railings,
balustrades, and others as appropriate.
d) At least one of the following shall be used on Primary and
Highway frontage building facades: corner emphasizing architectural features, pedimented gabled parapets, cornices,
awnings, blade signs, arcades, or colonnades and balconies
vii. Design of Automobile Related Building Site Elements
a) Drive‐through lanes for commercial uses shall not be located
along any Primary Street. Drive‐through lanes shall be hidden
behind a Street Screen along the Secondary Street frontage. b) No more than 75% of a lot’s frontage along the Secondary Street frontage shall be occupied by gas pumps, canopies, and/or service
bays.
c) Any buildings associated with any automobile related use shall
also have a pedestrian entrance at a Primary Street and/or a Secondary Street. d) Outdoor storage of vehicles or other products sold shall not be
permitted along Primary Streets. Along a Secondary Street,
outdoor storage of vehicles or other products sold shall not exceed
75% of a lot’s frontage along that street. There shall be no such limitation along the Highway frontage. However, any Highway Frontage with outdoor storage of vehicles or other products sold
shall be screened with a 3’ (min.) high Street Screen. The Street
Screen shall be made up of: (i) the same material as the principal
building or (ii) a living screen or (iii) a combination of the two.
e) All off‐street loading, unloading, and trash pickup areas shall be
located along Secondary Streets. Any off‐street loading,
unloading, or trash pickup areas shall be screened using a Street Screen that is at least as tall as the trash containers and/or service equipment it is screening at the property line. The Street Screen
shall be made up of: (i) the same material as the principal building
or (ii) a living screen or (iii) a combination of the two.
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Illustration showing the application of standards for automobile-related site elements 2. Streetscape Standards
a. A landscaped yard of a minimum width of 20’ shall be required on all lots
with frontage along I-35 and I-10. A landscaped yard of a minimum width
of 15’ shall be required on all lots with frontage along FM 78.
b. Landscaping required: Shade trees required per this section may be credited towards the shade trees required per Section 21.9.7 (E)(2). The following
plantings shall be required within the required yard per every 100’ of linear
frontage along the specific roadway:
i. 3 shade trees
ii. 6 ornamental trees, iii. 8 shrubs (shrubs may be waived if Perimeter Landscaping is
provided per Section 21.9.7 (H)(2)), and
iv. Ground cover, ornamental grasses, or turf grasses for the remaining
unpaved areas
c. A six (6) foot sidewalk shall be required along the specified frontages unless a greater width facility (sidewalk or hike and bike trail) is required per
Section 21.14.6. Such a facility may be placed within the required 20’ yard
E. Standards in the Campus Commercial and Industrial Overlay Districts
1. Building Form, Orientation, and Massing: a. Buildings shall be oriented towards Primary Streets with primary entrances
along such streets if the building has frontage along a Primary Street.
b. Building entrances shall be defined and articulated by at least one of the
following architectural elements: lintels, pediments, pilasters, columns,
porticos, porches, overhangs, railings, balustrades, and others as appropriate. c. Roof forms shall be simple, flat roofs with a continuous parapet. Roof
mounted equipment shall be screened from view of any adjacent public
street with an enclosure of the same material and color as the primary
building material.
2. Design of Automobile Related Building Site Elements
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a. Drive‐through lanes for commercial uses shall not be located along any
Primary Street. Drive‐through lanes shall be hidden behind a Street Screen
along the Secondary Street frontage.
b. No more than 75% of a lot’s frontage along the Secondary Street frontage
shall be occupied by gas pumps, canopies, and/or service bays.
c. Any buildings associated with any automobile related use shall also have a pedestrian entrance at a Primary Street and/or a Secondary Street. d. Outdoor storage of vehicles or other products sold shall not be permitted
along Primary Streets. Along a Secondary Street, outdoor storage of
vehicles or other products sold shall not exceed 75% of a lot’s frontage
along that street. There shall be no such limitation along the Highway frontage. However, any Highway Frontage with outdoor storage of vehicles or other products sold shall be screened with a 3’ (min.) high Street Screen.
The Street Screen shall be made up of: (i) the same material as the principal
building or (ii) a living screen or (iii) a combination of the two.
e. All off‐street loading, unloading, and trash pickup areas shall be located
along Secondary Streets. Any off‐street loading, unloading, or trash pickup
areas shall be screened using a Street Screen that is at least as tall as the
trash containers and/or service equipment it is screening at the property line. The Street Screen shall be made up of: (a) the same material as the principal building or (b) a living screen or (c) a combination of the two.
Illustration showing the application of standards for automobile-related site elements
4. Streetscape Standards
a. A landscaped yard of a minimum width of 20’ shall be required on all lots
with frontage along I-35 and I-10.
b. Landscaping required: Shade trees required per this section may be credited
towards the shade trees required per Section 21.9.7 (E)(2). The following plantings shall be required within the required yard per every 100’ of linear
frontage along the specific roadway:
i. 3 shade trees
ii. 6 ornamental trees,
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iii. 8 shrubs (shrubs may be waived if Perimeter Landscaping is
provided per Section 21.9.7 (H)(2)), and
iv. Ground cover, ornamental grasses, or turf grasses for the remaining
unpaved areas c. A six (6) foot sidewalk shall be required along the specified frontages unless
a greater width facility (sidewalk or hike and bike trail) is required per
Section 21.14.6. Such a facility may be placed within the required 20’
landscaped yard
F. Downtown Overlay District
Downtown Schertz, specifically Main Street, has an existing character that should be
preserved by rehabilitation of existing buildings. In addition, new and infill construction
in the district shall reflect the character of the district during its period of significance. The key design principles establish essential goals for development in the Downtown
Schertz to ensure the preservation, sustainability, and visual quality of this special
environment. Buildings shall be located and designed so that they provide visual interest
and create enjoyable, human-scaled spaces. The key design principles are:
Building facades must include appropriate architectural details and ornament to create
variety and interest.
Buildings shall be built to, or close to, the sidewalk to define and enhance the
pedestrian environment of Main Street between Schertz Parkway and E. Aviation Blvd.
Open space(s) and civic spaces shall be incorporated to provide usable public areas
integral to the downtown environment.
1. Applicability: The standards in this section (Downtown Overlay District) shall apply to properties zoned GB and R-2 as delineated in Exhibit A. The standards in
Highway Commercial Overlay District shall apply to the properties located along
FM 78 and as delineated in Exhibit A. For existing buildings, the following
standards shall apply only to the extent that exterior modifications can be feasible
made without triggering compliance with all city ordinances. Nothing in this section shall prevent existing residential structures from being adaptively reused to
accommodate commercial uses provided the use is permitted in the underlying
zoning district.
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Exhibit A: Downtown Overlay District Boundaries
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2. Development Standards:
a. Dimensional and Development Standards: The Dimensional and
Development Standards in Table 21.9.15A shall apply in lieu of the Standards
established in Sec. 21.5.7 for the GB and R-2 Zones within the Downtown Overlay District:
Table 21.9.15A DIMENSIONAL REQUIREMENTS
Minimum Lot Size
Dimensions
Yard Setback (ft) Misc. Lot Req’s
Zoning District Area, Lot Width, & Lot Depth Front Rear (NR) Rear (R) Side (NR) Side (R) P’king (min.) Max. Ht
(ft.)
Max. Imperv.
Cover
Key
GB- General Business None 5 (min.)
25 (max.)
0 (min.) 10 (min.) 10 (min.) 0 (min) 1 per 500
sq.ft. for all
uses
120 80% b, c, d, e
R-2 Single
Family Residential -2
None 5
(min.) 25
(max.)
10
(min.)
10
(min.)
10
(min.)
10
(min.)
35 80% b, c,
d
b. Uses may require a Specific Use Permit. The City of Schertz will follow the
guidelines outlined in the Air Installation Compatible Use Zone (AICUZ) study for
Randolph Air Force Base.
c. No variances may be permitted to exceed the maximum impervious cover
limitations
d. Refer to Sec 21.9.15 for additional design requirements
e. Zero foot (0’) minimum setbacks shall also meet fire separation requirements
3. Design Standards: The following design standards shall provide property owners,
developers, city staff, and decision makers adequate design guidance for retrofitting
existing buildings and for new commercial and mixed use buildings.
Existing residential buildings converted to accommodate commercial uses
a. Location and Orientation on the lot
i To the extent possible, buildings shall be oriented towards
Main Street with the primary entrance located on that street. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access.
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ii
iii
b. Façade Composition
i A building’s massing shall serve to define entry points and help orient pedestrians.
ii Non-residential and mixed use buildings, to the extent
practicable, shall maintain a twenty-five feet (25’) to thirty-
five feet (35’) building facade widths or multiples thereof.
iii Variations in the rhythms within individual building facades shall be achieved within any block of building facades with
architectural elements such as bays, columns, doors,
windows, etc.
iv Breaks in the predominant rhythm may also be used to
reinforce changes in massing and important elements such as building entrances, terminated vistas, or corner sites.
v Porches, stoops, eaves, awnings, blade signs, arcades,
colonnades and balconies should be used along buildings
and they may protrude beyond the setback line provided
that they do not inhibit pedestrian movement within the public right-of-way. Balconies shall have external bottom
supports.
Variations in building rhythm using architectural features Building massing used to emphasize entrances
Image showing primary and secondary entrances to buildings on Main Street.
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Allowed encroachments into the setback line
c. Architectural Elements and Storefronts.
i. An expression line or equivalent architectural element shall
delineate divisions between floors of all buildings, and a cornice shall delineate the tops of facades that do not utilize a pitched roof. For retail storefronts, a transom, display
window area and bulkhead at the base shall be utilized.
ii. Building entrances may be defined and articulated by
architectural elements such as lintels, pediments, pilasters,
columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. All building elements should be
compatible with the architectural style, materials, colors,
and details of the building as a whole. Entrances to upper
level uses may be defined and integrated into the design of the overall building facade. iii. Roofs. Flat roofs enclosed by parapets or sloped roofs shall
be used to screen rooftop mechanical equipment. Mansard
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roofs and flat membrane-type roofs that are visible are
prohibited.
iv. Doors and Windows. Generally, windows shall be oriented
vertically, and bay windows shall have external bottom supports. Dormer windows shall also be vertically
proportioned and slightly shorter than the windows below.
In order to provide clear views of merchandise and
perceived connections.
v. Transparency Required. For all new buildings, the street-level floor along Main Street shall have transparent
storefront windows covering no less than fifty percent
(50%) of the façade area. Each floor of all building façades
facing a street or plaza shall contain transparent windows
covering at least fifteen percent (15%) of the façade area. vi. Ground floor retail building plate heights shall be at least
fifteen feet (12’) in height.
vii. Storefronts. Retailers located at the street level shall
primarily use storefronts to orient and advertise
merchandise to customers. Retail buildings shall provide street-level pedestrian-oriented uses at the ground floor
level. Storefronts on facade treatments that span multiple
tenants shall use architecturally compatible materials,
colors, details, awnings, signage, and lighting fixtures.
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Article 6 Manufactured 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.
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Article 7 Nonconforming 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.
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Article 8 Special 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 Use
Requires an SUP
Prohibited
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
FC UR WC DR
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
Category OP NS GB and PUB GB-2, M-1 and M-2
Outdoor Display and Temporary Outdoor
Storage - P P P
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.
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Article 9 Site 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
Anaqua Ehretia anacua
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 oak Quercus polymorpha
Mexican sycamore Platanus mexicana
Nuttall Oak Quercus nuttallii
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Table 21.9.7A Approved Shade Trees
Common Name Scientific Name
Pecan Carya illinoensis
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
Crepe myrtle, etc. (exotic)
Lagerstroemia indica, fauriei, and
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 pine Pinus cembroides
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
Aster Aster spp.
Autumn Sage Salvia greggii
Bird of Paradise Caesalpinia gilliesi
Blue Sage, Mealy Sage Salvia farenaceae
Blue Shrub Sage Salvia ballotaeflora
Bottlebrush Callistemon spp
Bougainvilla Bougainvillea
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 Aquilegia spp.
Confederate Jasmine, Star
Jasmine Trachelospermum jasminoides
Coppertone Loquat Eriobotrya x “Coppertone”
Coral Honeysuckle Lonicera sempervirens
Coral Vine, Rosa-De-Montana,
Queens Wreath Antigonon leptopus
Coralberry Symphoricapus 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
Elderberry Sambucus 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 Phyla humilis
Gayfeather Liatris spp.
Giant Liriope Liriope gigantea
Golden Shrub Daisy Euryops pecinatus
African Bush Daisy Gamolepis chrysanthemoides
Guara Gaura spp
Hawthorn Crataegus spp.
Heartleaf Hibiscus Hibiscus cardiophyllus
Hibiscus, Texas Star Hibiscus coccineus
Hummingbird Bush Anisacanthus spp.
Illinois Bundleflower Desmanthus illinoensis
Iris Iris spp
Italian Jasmine Jasminium floridum
Juniper Juniper spp
Lady Banksia Rose Rosa Banksiae
Lantana Lantana spp.
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
Nandina Nandina domestics spp.
Narrow-leaf Yucca Yucca agustifolia
Passion Vine
Passiflora allatocaerrulea (P.
pfordtii)
Passionflower Passifloria incarnate
Pigeonberry Rivina humilis
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.
Salvia Salvia spp.
Santolina Santolina spp.
Shrimp Plant Justicia spp.
Silk Tassel Garrya ovata lindheimer
Softleaf Yucca Yucca pendula
Sotol Dasylirion 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
Trumpet Vine,Trumpet Creeper Campsis radicans x “Madame Galen”
Turk’s Cap Malvaviscus drummondii
Twisted-leaf Yucca Yucca rupicola
Verbena Verbena spp.
Virginia Creeper Parthenocissus quinquefolia
Wax Myrtle - Dwarf, Standard Myrica cerifera
White Bush Honeysuckle Lonicera albiflora
Winecup Callirhoe involuerata
Wisteria, evergreen Wisteria millettia veticulata
Witchhazel Hamamelis virginiana
Yarrow Achillea millefolium
Yew Podocarpus macrophyllus
Yucca Yucca 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
Buffalograss Buchloe dactyloides
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”
Mesquite Prosopis glandulosa
Mimosa Albizia julibrissin
Mexican Fan Palm Washingtonia Robusta
Paper Mulberry
Broussonetia papyrifera (L.)
L=(Her. ex. Vent.)
Saltcedar Tamarix 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
Hackberry Celtis occidentalis
Eastern Red Cedar Juniperus virginiana
Common Ashe Juniper Juniperis ashei
Chinaberry Melia azedarach
Mesquite Prosopis spp.
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.
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Article 10 Parking 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
provided (per
lot)
Total minimum number of accessible
parking spaces
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
(Indoor)
10 spaces, plus 1 space for each 100 square feet of
total floor area over 1,000 square feet
Amusement, Commercial
(Outdoor)
1 space per 500 square feet of outdoor site area
plus 1 space per each 4 fixed spectator seats
Bank, Savings And Loan, Or
Other Financial Institution 1 space for each 250 square feet of gross floor area
Bar Or Night Club 1 space for each 50 square feet of gross floor area
Bed And Breakfast 1 space for each rented room plus 1 space per
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
Home, Home For The Aged 1 parking space for each 2 beds
Dance, Assembly And
Exhibition Halls Without Fixed
Seats
1 space for each 100 square feet used for assembly
or dancing
Day Care Center 1 space per 250 square feet of gross floor area
Group Home 4 spaces
Hospital 1 parking space for each bed
Hotel Or Motel 1 space for each sleeping room or suite plus 1 space for every 200 square feet of common area
not designated as sleeping rooms
Libraries, Laboratories And Student Centers 10 spaces plus 1 space for each 300 square feet of floor area
Lodging Houses And Boarding Houses 1 space per each two (2) persons capacity of overnight sleeping facilities
Manufacturing , Processing Or Repairing
1 space for each 2 employees or 1 space for each 1,000 square feet of total floor area, whichever is 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
Miniwarehouse
1 space for each 300 square feet of office floor area
plus 1 space for each 3,000 square feet of storage
area
Mortuary/Funeral Home
1 parking space for each 50 square feet of floor
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 Similar Use 1.5 spaces per bedroom
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 Buildings And Sorority Buildings
1 space per person capacity of permanent sleeping facilities
Residential Care Facility 1 space per each two (2) persons
Restaurants
1 parking space for each 100 square feet of gross
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
School, All Other Schools 1 space for each classroom plus 1 space for every four (4) seats in any auditorium, gymnasium or
other common place of assembly
School, High School And
Vocational
1 space for every three (3) students, faculty and
staff plus 1 space for every four (4) seats in any
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 Detached Dwelling Units 2 parking spaces per dwelling unit
Theaters, Auditoriums,
Churches, Assembly Halls, Sports Arenas, Stadiums,
Conference Center, Convention
Center Or Other Place Of Public
Assembly
1 space for each 4 seats or 1 space for every 100
square feet of gross floor area, whichever is less
(based on maximum design capacity)
Vehicle Sales Or Rental
1 space for each 3,000 square feet of sales area
(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
Warehouse 1 space for each 2 employees or 1 space for each 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.
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
Gross Floor Area in Structure
Minimum Required Spaces or Berths
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
150,000
1
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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
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Article 11 Signs 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
1. Wall signs located on properties zoned Manufacturing District-Light (M-1);
Manufacturing District - Heavy (M-2); and PDD (Planned Development District)
with a base zoning of M-1 or M-2 and with a minimum façade elevation of 300
linear feet or greater may have the primary wall sign calculated at 15% of the
façade area or 250 square feet, whichever is less.
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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
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.
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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.
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
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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”).
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
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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.
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.
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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.
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.
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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.
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
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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.
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.
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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.).
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
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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
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
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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.
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
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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.
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
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other information reasonably required by the City Manager or his/her
designee.
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:
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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;
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
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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
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
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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.
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
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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.
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.
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Article 12 Subdivisions
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.
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Article 13 Land Disturbing Activities and Drainage
Sec. 21.13.1 Clearing and Grading
A. No removal of trees, land clearing and/or grading activities shall occur without
the required approvals and permits including but not limited to the Grading and
Clearing Permit and Tree Permits. Grading and clearing activity shall be limited to the limits of grading area identified on an approved grading plan. A Grading
and Clearing Permit is required for any land disturbing activities greater than 0.1
acres outside of the FEMA designated special flood hazard area (SFHA), and all
areas within the SFHA unless specifically exempted in this Section.
B. All Grading and Clearing permits shall be reviewed by the City Engineer and Public Works Department and approved by the City Engineer or his/her designee.
Grading and Clearing Permits shall be reviewed in accordance with this Unified
Development Code, the Public Works Specifications Manual, the City of Schertz
Code of Ordinances, and any other applicable law, code, or regulation governing
grading and clearing activity.
A. The following shall be exempt from the requirement for Grading and Clearing
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 agricultural operations,
excluding timber cutting, grading cuts or fills, and/or work within SFHA.
Sec. 21.13.2 Construction Storm Water Management
A. Purpose and Intent
During the construction process, soil is highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality and
causing the siltation of aquatic habitat for fish and other desirable species. Eroded
soil also necessitates service and/or repair of sewers and ditches and the dredging of lakes. In addition, grading and clearing during construction cause the loss of
native vegetation necessary for terrestrial and aquatic habitat.
The intent of the Construction Storm Water Management Ordinance (“this
Ordinance”) is to provide for the health, safety, and general welfare of the citizens of the City of Schertz (“the City”) by guiding, regulating, and controlling the
design, construction, use, and maintenance of any development or other activity
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that disturbs or breaks the topsoil or results in the movement of earth in the City.
The provisions of this Ordinance shall be interpreted and applied as the minimum
requirements for the promotion of public health, safety and general welfare.
B. Applicability
This Ordinance shall apply to all territory within the corporate limits and
extraterritorial jurisdiction of the City including any developed and undeveloped
land unless explicitly exempted by Public Works or an authorized state or federal enforcement agency.
C. Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the authorized
enforcement agency may be delegated in writing by the Director of Public Works
or his/her designee to persons or entities acting in the beneficial interest in the
employ of the City. Whenever the requirements of this Ordinance are in conflict
with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher
standards, as determined by the Director of Public Works or his/her designee shall
apply.
D. Severability
All sections, paragraphs, sentences, clauses, and phrases of this Ordinance are
severable, and if any 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 Ordinance to
fail or become invalid.
E. Ultimate Responsibility
The issuance of any permit, certificate, or approval in accordance with the
standards and requirements of this Ordinance 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 storm drainage system for which the permit, certificate or approval was issued. This Ordinance does not
intend or imply that compliance by any person will ensure that there will not be
contamination, pollution, or unauthorized discharge of pollutants. This ordinance
in no way alleviates any requirement for applicable federal or state approvals or
releases.
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F. Permits
1. No person shall be granted a Grading and Clearing Permit, Development
Permit or Construction Permit for land-disturbing activity without the approval of a Grading Plan by the City Engineer, Director of Public
Works, and the City Manager or his/her designees.
2. No Grading and Clearing Permit is required for the following activities:
a. Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources. Public Works
must be notified within 24 hours of such activities;
b. The removal of underbrush, dead trees, or diseased or damaged trees which constitute a hazard to life and property based upon
field inspection verification; or
c. Grading and clearing practices associated with agricultural
operations, excluding timber cutting, grading cuts or fills, and/or work within designated special flood hazard area.
G. Applications
1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, of any consulting firm retained by the applicant
together with the name of the applicant’s principal contact at such firm,
and the physical address of the site or a detailed description of its location.
Applications shall be accompanied by all items required per the submittal
process and the application and all applicable fees.
2. The City of Schertz may, at its discretion, require the submittal of a
performance bond/escrow in the amount of $1,000/acre prior to the
issuance of a permit in order to insure that the storm water management
practices as required by the plans approved for the permit are installed and maintained by the permit holder for the duration of the construction
activity. The bond shall not be released until 85% coverage of all
disturbed areas with approved vegetation is accomplished as determined
by the Director of Public Works or his/her designee.
H. Review and Approval
1. Engineering/Public Works will review each application for a permit to
determine its conformance with the provisions of this regulation. Within
30 days after receiving an application, Engineering/Public Works shall, in writing, complete one of the following actions:
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a. Approve the permit application.
b. Approve the permit application subject to such reasonable
conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these
conditions.
c. Disapprove the permit application, indicating the reason(s) and
procedure for submitting a revised application and/or submission.
2. By approving a plan under this regulation, the City does not accept
responsibility for the design, installation, operation or maintenance of
construction storm water management activities for the permit holder.
I. Grading Plan
1. The Grading Plan shall include the following:
a. One plan sheet showing existing floodplain/floodway limits, and one plan sheet showing the existing floodplain/floodway limits and
the proposed floodplain/floodway limits.
b. A sequence of construction of the development site, including
stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas of
clearing, installation and removal of temporary erosion and
sediment control measures, and establishment of permanent vegetation.
c. All erosion and sediment control measures necessary to meet the
objectives of the City’s regulations throughout all phases of
construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of
intermediate plans may be required at the close of each season.
d. Seeding mixtures and rates, types of sod, method of seedbed
preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both
temporary and permanent vegetative control measure.
e. Provisions for maintenance of control facilities, including
easements and estimates of the cost of maintenance.
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2. Modifications to the plan shall be processed and approved or disapproved
in the same manner as Section 8 of this regulation. The City Engineer and
Director of Public Works or his/her designees will provide written
authorization to the permit applicant, and shall include:
a. Major amendments of the Grading Plan submitted to Public Works
and Engineering.
b. Field modifications of a minor nature.
J. Design Requirements
1. Grading, erosion control practices, sediment control practices, and
waterway crossings shall meet the design criteria set forth in the City’s UDC, Public Works Specifications Manual and Public Works Design
Standards, and shall be adequate to prevent transportation of sediment
from the site to the satisfaction of the City Engineer and the Director of
Public Works or his/her designees.
2. Grading and clearing shall not be permitted, except when in compliance
with the UDC, this Ordinance, and any other applicable authority.
3. Clearing, except as necessary to establish sediment control devices, shall
not begin until all sediment control devices have been installed and have been stabilized.
4. Phasing is strongly recommended and may be required on sites disturbing
greater than 15 acres, with the size of each phase to be established at plan
review and as approved by Engineering and Public Works.
5. Erosion control requirements shall include the following:
a. Soil stabilization shall be completed within five days of clearing or
inactivity in construction.
b. If seeding or another vegetation erosion control method is used, it
shall become established within two weeks or Public Works may
require the site to be reseeded or a non-vegetation option
employed.
c. Special techniques required to ensure stabilization, other than
design criteria outlined in UDC for steep slopes or in drainage
ways, shall be approved by the City Engineer.
d. Soil stockpiles must be stabilized or covered at the end of each
workday.
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e. The entire site must be stabilized, using a heavy mulch layer or
another method that does not require germination to control
erosion, at the close of the construction season.
f. Techniques shall be employed to prevent the blowing of dust or
sediment from the site.
g. Techniques that divert upland runoff past disturbed slopes shall be employed.
6. Sediment controls requirements shall include:
a. Settling basins, sediment traps, or tanks and perimeter controls. Other control measures may be approved by the City Engineer.
b. Settling basins that are designed in a manner that allows adaptation
to provide long-term storm water management, if required by the
City.
c. Protection for adjacent properties by the use of a vegetated buffer
strip in combination with perimeter controls.
7. Waterway and watercourse protection requirements shall include:
a. A temporary stream crossing installed and approved by
Engineering and Public Works if a watercourse will be crossed
regularly during construction.
b. Stabilization of the watercourse channel before, during, and after
any in-channel work.
c. All on-site storm water conveyance channels designed according to
the criteria outlined in the UDC.
d. Stabilization adequate to prevent erosion located at the outlets of
all pipes and paved channels.
8. Construction site access requirements shall include:
a. A temporary construction access road provided at all sites.
b. Other measures required by Engineering and Public Works in
order to ensure that sediment is not tracked onto public streets by construction vehicle or washed into storm drains.
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K. Inspection
1. The Director of Public Works or his/her designee shall make inspections
as hereinafter required and shall approve the portion of the work completed or shall notify the permit holder wherein the work fails to
comply with this Ordinance, the UDC, or other City regulations as
approved. Plans for grading, stripping, excavating, and filling work
bearing the stamp of approval of the City shall be maintained at the site
during the progress of the work. To obtain inspections, the permit holder shall notify Public Works at least two working days before the following:
a. Start of construction.
b. Installation of sediment and erosion measures.
c. Completion of site clearing.
d. Completion of rough grading.
e. Completion of final grading.
f. Close of the construction season.
g. Completion of final landscaping.
2. The permit holder or his/her principal contact shall make regular
inspections of all control measures in accordance with the inspection
schedule outlined on the approved Grading Plan. The purpose of such
inspections will be to determine the overall effectiveness of the control plan and the need for additional control measure. All inspections shall be
documented in written form and submitted to Public Works at the time
interval specified in the approved permit.
3. The Director of Public Works or his/her designee shall enter the property of the applicant as deemed necessary to make regular inspections to ensure
the validity of the reports filed under paragraph B of this Section.
L. Enforcement
1. Stop-Work Order: Revocation of Permit
In the event that any person holding a Grading and Clearing Permit,
Development Permit or Construction Permit pursuant to this Ordinance
violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of a
person residing or working in the neighborhood or development site so as
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to be materially detrimental to the public welfare or injurious to property
or improvements in the neighborhood, the City Engineer or Director of
Public Works or his/her designees at the time interval specified in the
approved permit may issue a Stop Work Order or Revoke aforementioned permit.
2. Violation and Penalties
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation
of any terms of this Ordinance. Any person violating any of the
provisions of this Ordinance shall be deemed guilty of a class “C”
misdemeanor and each day during which any violation of any of the
provisions of this Ordinance is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such
person, partnership, or corporation shall be punished by a fined a
minimum amount of not less than two hundred dollars ($200.00) per
violation and a maximum amount of not more than two thousand dollars
($2,000.00) per violation. In addition, any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any
of the provisions of this Ordinance shall be required to bear the expense of
such restoration. A civil penalty in an amount not to exceed five hundred
dollars ($500.00) per violation of this Ordinance may be imposed. Each
violation of a particular section of this Ordinance shall constitute a separate offense, and each day such an offense continues shall be
considered a new violation for purposes of enforcing this Ordinance.
3. Notice of Violation
If the City Engineer or the Director of Public Works determines that an
applicant or other responsible person has failed to comply with the terms
and conditions of a permit, approved Grading Plan, or the provisions of
this Ordinance, he or she shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in
activity covered by this Ordinance without having first secured a permit
therefore, the notice of violation shall be served on the owner or the
responsible person in charge of the activity being conducted on the site.
The notice of violation shall contain:
a. The name and address of the owner or the applicant or the
responsible person.
b. The address or other description of the site upon which the
violation is occurring.
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c. A statement specifying the nature of the violation.
d. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the storm water
management plan, the storm water maintenance agreement, or this
Ordinance and the date for the completion of such remedial action.
e. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed.
f. A statement that the determination of violation may be appealed to
the City Council of the City of Schertz by filing a written notice of
appeal within five (5) business days after the notice of violation (except, that in the event the violation constitutes an immediate
danger to public health or public safety, 24 hours notice shall be
sufficient).
The City of Schertz may recover all attorneys’ fees, court costs, and other expenses associated with enforcement of this Ordinance, including
sampling and monitoring expenses.
4. Appeals
The decisions or orders of the City Council of the City of Schertz shall be
final. Further relief shall be to a higher court of competent jurisdiction.
5. Remedies Not Exclusive
The remedies listed in this Ordinance are not exclusive of any other
remedies available under any applicable federal, state, or local law
Sec. 21.13.3 Flood Damage Prevention
A. Finding of Fact, Purpose and Methods
1. Statutory Authorization
The Legislature of the State of Texas has in the Flood Control Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses.
Therefore, the City of Schertz, Texas (“the City”) does ordain as follows:
2. Finding of Fact
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a. The flood hazard areas of the City and extraterritorial jurisdiction
are subject to periodic inundation, which results in loss of life and
property, health and safety hazards, disruption of commerce and
governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public
health, safety and general welfare.
b. These flood losses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood
heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because
they are inadequately elevated, flood-proofed or otherwise
protected from flood damage.
3. Statement of Purpose
It is the purpose of this Section to promote the public health, safety and general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
a. Protect human life and health.
b. Minimize expenditure of public money for costly flood control projects.
c. Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public.
d. Minimize prolonged business interruptions.
e. Minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains.
f. Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future flood blight areas.
g. Ensure that potential buyers are notified that property is in a flood
area.
2. Methods of Reducing Flood Losses
In order to accomplish its purposes, this Section uses the following
methods:
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a. Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause increases in flood heights or
velocities.
b. Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of
initial construction or substantial improvement.
c. Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the
accommodation of flood waters.
d. Control filling, grading, dredging and other development which
may increase flood damage.
e. Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood
hazards to other lands.
B. Definitions
Unless specifically defined below or in Article 16 of this Ordinance, words or
phrases used in this Section shall be interpreted to give them the meaning they
have in common usage and to give this Ordinance the most reasonable application.
ALLUVIAL FAN FLOODING - means 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.
APEX - means 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.
APPEALS BOARD – means the Board of Adjustment of the City of Schertz, Texas.
APPURTENANT STRUCTURE – means a structure which is on the same parcel of property as
the principal structure to be insured and the use of which is incidental to the use of the principal
structure.
AREA OF FUTURE CONDITIONS FLOOD HAZARD – means the land area that would be
inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO
zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not
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exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD or SPECIAL FLOOD HAZARD AREA - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any
given year. The area may be designated as Zone A on the Flood Hazard Boundary Map
(FHBM). After detailed rate making has been completed in preparation for publication of the
FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30,
AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any
given year.
BASEMENT - means any area of the building having its floor subgrade (below ground level) on three or more sides.
BASE FLOOD ELEVATION or BFE – means the elevation shown on the Flood Insurance Rate
Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH,
A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the base flood.
BREAKAWAY WALL – means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the building or supporting foundation system.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
DEVELOPMENT - means any man-made change to 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 or materials.
ELEVATED BUILDING – means, for insurance purposes, a non-basement building, which has
its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers,
pilings, or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be
referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
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the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by a
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -
means the preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD or FLOODING - means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. the overflow of inland or tidal waters.
2. the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD ELEVATION STUDY or FLOOD INSURANCE STUDY or FIS – means an
examination, evaluation and determination of flood hazards and, if appropriate, corresponding
water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD INSURANCE RATE MAP or FIRM - means an official map of a community, on which
the Federal Emergency Management Agency has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
FLOODPLAIN or FLOOD PRONE AREA - means any land area susceptible to being inundated
by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means 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.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning, ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a flooding 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 - means 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 a community subject to a
"special flood hazard" and the extent of the depths of associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized
flood modifying works are those constructed in conformance with sound engineering standards.
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FLOOD PROOFING - means any combination of structural and non-structural 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.
FREEBOARD – is a factor of safety above the BFE. (The City requires 1 foot above the BFE.)
FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
1. Listed individually in the National 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 on the
National Register.
2. 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.
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior.
4. Individually listed on a local inventory or historic places in communities with
historic preservation programs that have been certified either.
a. By an approved state program as determined by the Secretary of the Interior.
b. Directly by the Secretary of the Interior in states without approved
programs.
LEVEE - means a man-made 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 - means 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.
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LOWEST FLOOR - means 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 to render the structure in violation of the
applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North
American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations
shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by a community.
NON-RESIDENTIAL STRUCTURE – includes, but is not limited to: small business concerns,
churches, schools, farm buildings (including grain bins and silos), poolhouses, clubhouses,
recreational buildings, mercantile structures, agricultural and industrial structures, warehouses,
hotels and motels with normal room rentals for less than 6 months’ duration, and nursing homes.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projections; (iii) designed to be self-
propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
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REGULATORY FLOODWAY or FLOODWAY - means 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.
RESIDENTIAL STRUCTURES - means a structure that is considered to be domicile or is used
for residential purposes for 6 months or more. Residential structures include a single family
home, multiple unit apartment buildings, a residential condominium, or a manufactured or
modular home.
RIVERINE – means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
START OF CONSTRUCTION - (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means 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 of 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.
STRUCTURE – means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50 percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other
improvement of a structure or any series of reconstructions, rehabilitations, additions, or other
improvements of a structure, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure as of the effective date of this Ordinance. This term includes
structures which have incurred "substantial damage", regardless of the actual repair work
performed. The term does not, however, include either: (1) Any 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 to assure safe living conditions or (2) Any alteration of a "historic
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structure", provided that the alteration will not preclude the structure's continued designation as a
"historic structure."
VARIANCE – means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance
Program regulations.)
VIOLATION - means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance
Program regulations is presumed to be in violation until such time as that documentation is
provided.
WATER SURFACE ELEVATION - means the height, in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
B. General Provisions
1. Lands to Which This Section Applies
This Section shall apply to all areas of special flood hazard within the
corporate limits and the extraterritorial jurisdiction of the City.
2. Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency
Management Agency in the current scientific and engineering report
entitled, “The Flood Insurance Study (FIS) for {Guadalupe County Texas
and Incorporated Areas Volume 1 & 2}," dated {November 2, 2007}, with
accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated {November 2, 2007}. Also
applicable are the effective FIS and FIRM maps for Bexar County dated
{September 29, 2010} and Comal County dated {September 2, 2009}.
And any revisions thereto are hereby adopted by reference and declared to
be a part of this Ordinance.
3. Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required to ensure
conformance with the provisions of this Section.
1. Compliance
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No structure or land shall hereafter be located, altered, or have its use
changed without full compliance with the terms of this Section and other
applicable regulations.
5. Abrogation and Greater Restrictions
This Section is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this Section
and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail as determined by the Floodplain Administrator.
6. Interpretation
In the interpretation and application of this Section, all provisions shall be;
(1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any
other powers granted under State statutes.
7. Warning and disclaimer of Liability
The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and will
occur and flood heights may be increased by man-made or natural causes.
This Section does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the
community or any official or employee thereof for any flood damages that
result from reliance on this Section or any administrative decision lawfully
made hereunder.
D Administration
1. Designation of the Floodplain Administrator
The City Manager or his/her designee is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this Section
and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to
floodplain management.
2. Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to, the following:
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a. Maintain and hold open for public inspection all records pertaining
to the provisions of this Section.
b. Reviews permit applications to determine whether the proposed building site project, including the placement of manufactured
homes, will be reasonably safe from flooding.
c. Review, approve or deny all applications for development permits
required by adoption of this Section.
d. Review permits for proposed development to assure that all necessary permits relating to floodplain management have been
obtained from those Federal, State or local governmental agencies
(including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval
is required.
e. Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary
and actual field conditions) the Floodplain Administrator shall
make the necessary interpretation.
f. Notify, in riverine situations, adjacent communities and the State
Coordinating Agency, which is the Texas Water Board, prior to
any alteration or relocation of a watercourse, and require that
evidence of such notification is submitted to the Federal
Emergency Management Agency.
g. Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
h. When base flood elevation data has not been provided in
accordance with Section 21.13.3.C.2, the Floodplain Administrator
shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other
source, in order to administer the provisions of Section 21.13.3.E.
i. When a regulatory floodway has not been designated, the
Floodplain Administrator must require that no new construction,
substantial improvements, or other development (including fill) shall be permitted within Zones A1-30, A, AO, AH and AE on the
community's FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other
existing and anticipated development, will not increase the water
surface elevation of the base flood at any point within the
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community unless said increase is completely contained within the
property of the development.
j. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, A or AO
on the community's FIRM which increases the water surface
elevation of the base flood provided that the community first
completes all of the provisions required by 44 CFR Chapter 1,
Section 65.12.
3. Permit Procedures
a. Application for a Floodplain Development Permit shall be
presented to the Floodplain Administrator on forms furnished by
him/her and may include, but not be limited to, plans in duplicate
drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures,
including the placement of manufactured homes, and the location
of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
i. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved
structures.
ii. Elevation (in relation to mean sea level), to which any non-
residential structure shall be flood-proofed.
iii. A certificate from a registered professional engineer or architect that the non-residential flood-proofed structure
shall meet the flood-proofing criteria of Section
21.13.3.E.2.b.
iv. Description of the extent to which any watercourse or
natural drainage will be altered or relocated as a result of proposed development.
v. Maintain a record of all such information in accordance
with Section 21.13.3.D.2.a.
b. Approval or denial of a Floodplain Development Permit by the
Floodplain Administrator shall be based on all of the provisions of this Section and the following relevant factors:
i. The danger to life and property due to flooding or erosion
damage.
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ii. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner.
iii. The danger that materials may be swept onto other lands to the injury of others.
iv. The compatibility of the proposed use with existing and
anticipated development.
v. The safety of access to the property in times of flood for
ordinary and emergency vehicles.
vi. The costs of providing governmental services during and
after flood conditions including maintenance and repair of
streets and bridges, and public utilities and facilities such as
sewer, gas, electrical and water systems.
vii. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of
wave action, if applicable, expected at the site.
viii. The necessity to the facility of a waterfront location, where
applicable.
ix. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
c. The Floodplain Administrator may grant a waiver to certain
submittal requirements, within the specified area shown on Exhibit
A, for new construction and substantial improvements to be
erected on a lot of ½ acre or less in size contiguous to and surrounded by lots with existing structure constructed below the
base flood level, providing the relevant factors in Section
21.13.3.D.3.b have been fully considered and the standards of
Section 21.13.3.E are met. The ability to be granted a waiver for
the requirements to the specific area outlined in the exhibit attached hereto are:
i. To prevent slum and blight.
ii. To prevent undue hardship on property owners in the area
shown on Exhibit A to which the substantial build out and
close proximity of the existing structures creates unique situations where any impact may be deemed negligible.
2. Variance Procedures
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a. The Appeal Board, as established by the community, shall hear and
render judgment on requests for variances from the requirements
of this Section.
b. The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement,
decision, or determination made by the Floodplain Administrator
in the enforcement or administration of this Section.
c. Any person or persons aggrieved by the decision of the Appeal
Board may appeal such decision in the courts of competent jurisdiction.
d. The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal
Emergency Management Agency upon request.
e. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this Section.
f. Upon consideration of the factors noted above and the intent of this
Section, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose
and objectives of this Section (Section 21.13.3.A.3).
g. Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
h. Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
i. Prerequisites for granting variances:
i. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
ii. Variances shall only be issued upon: (1) showing a good
and sufficient cause; (2) a determination that failure to
grant the variance would result in exceptional hardship to
the applicant, and (3) a determination that the granting of a
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variance will not result in increased flood heights,
additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
iii. Any application to which a variance is granted shall be
given written notice that the structure will be permitted to
be built with the lowest floor elevation below the base
flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
j. Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that (1) the criteria outlined in Section 21.13.3.D.4 (a)-(j) are met, and (2) the
structure or other development is protected by methods that
minimize flood damages during the base flood and create no
additional threats to public safety.
E. Provisions for Flood Hazard Reduction
1. General Standards
In all areas of special flood hazards the following provisions are required
for all new construction and substantial improvements:
a. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
b. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
c. All new construction or substantial improvements shall be
constructed with materials resistant to flood damage.
d. All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
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e. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
f. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.
g. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
2. Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 21.13.3.C.2, (ii) Section
21.13.3.D.2.h or (iii) Section 21.13.3.E.3.c the following provisions are
required:
a. Residential Construction - new construction and substantial
improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood
elevation plus one foot of freeboard. A registered professional
engineer, architect, or land surveyor shall submit a certification to
the Floodplain Administrator that the standard of this subsection as
proposed in Section 21.13.3.D.3.a is satisfied.
b. Non-Residential Construction - new construction and substantial
improvements of any commercial, industrial or other non-
residential structure shall either have the lowest floor (including
basement) elevated to or above the base flood level plus one foot
of freeboard or together with attendant utility and sanitary facilities, be designed so that below the base flood level plus one
foot of freeboard, the structure is watertight with walls
substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and
shall certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this
subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such
structures are flood-proofed shall be maintained by the Floodplain
Administrator.
c. Enclosures - new construction and substantial improvements, with
fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other
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than a basement and which are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the
following minimum criteria:
i. A minimum of two openings on separate walls having a
total net area of not less than 1 square inch for every square
foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than 1 foot
above grade.
iii. Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
d. Manufactured Homes -
i. Require that all manufactured homes to be placed within
Zone A on a community's FHBM or FIRM shall be
installed using methods and practices which minimize
flood damage. For the purposes of this requirement, the lowest floor of manufactured homes must be elevated to
one foot above the base flood elevation and anchored to
resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of over-
the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
ii. Require that manufactured homes that are placed or
substantially improved within Zones A1-30, AH, and AE
on the community's FIRM on sites (1) outside of a manufactured home park or subdivision, (2) in a new
manufactured home park or subdivision, (3) in an
expansion to an existing manufactured home park or
subdivision, or (4) in an existing manufactured home park
or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a
permanent foundation such that the lowest floor of the
manufactured home is one foot above the base flood
elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
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iii. Require that manufactured homes be placed or substantially
improved on sites in an existing manufactured home park
or subdivision with Zones A1-30, AH and AE on the
community's FIRM that are not subject to the provisions in (1) or (2) be elevated so that either:
(a) The lowest floor of the manufactured home is at or
above the base flood elevation plus one foot of
freeboard, or
(b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36
inches in height above grade and be securely
anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
e. Recreational Vehicles - Require that recreational vehicles placed
on sites within Zones A1-30, AH, and AE on the community's
FIRM be fully licensed, have current motor vehicle inspection
certificate, state registration, is operable and ready for highway use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, has no permanently
attached additions.
3. Standards for Subdivision Proposals
a. All subdivision proposals including the placement of manufactured
home parks and subdivisions shall be consistent with Sections
21.13.3 of this Ordinance.
b. All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Section
21.13.3.C.3; Section 21.13.3.D.3; and the provisions of Section
21.13.3.E of this Ordinance.
c. Base flood elevation data shall be generated for subdivision
proposals, Master Plans and other proposed development including the placement of manufactured home parks and subdivisions which
is greater than 50 lots or 5 acres, whichever is lesser, if not
otherwise provided pursuant to Section 21.13.3.C.2 of this
Ordinance. Base flood elevation data shall be generated for
subdivision proposals, Master Plans and other proposed development including the placement of manufactured home parks
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and subdivisions less than 5 acres, 50 lots, or where Zone A exists
within 100 feet of the property line, base flood elevation data
and/or elevation certificates may be required by the Floodplain
Administrator to ensure any new development is reasonably safe from flooding.
d. All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have adequate drainage
provided to reduce exposure to flood hazards.
e. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and
facilities such as sewer, gas, electrical and water systems located
and constructed to minimize or eliminate flood damage.
3. Standards for Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Section 21.13.3.C.2, are areas designated as shallow flooding. These areas have
special flood hazards associated with flood depths of 1 to 3 feet where a
clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following provisions apply:
a. All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated to or
above the base flood elevation plus one foot of freeboard.
b. All new construction and substantial improvements of non-
residential structures;
i. have the lowest floor (including basement) elevated to or
above the base flood elevation plus one foot of freeboard,
or
ii. together with attendant utility and sanitary facilities be
designed so that below the base specified flood depth in an
AO Zone, or below the Base Flood Elevation plus one foot
of freeboard in an AH Zone, the structure is watertight with
walls substantially impermeable to the passage of water and with structural components having the capability of
resisting hydrostatic and hydro-dynamic loads of effects of
buoyancy.
c. A registered professional engineer or architect shall submit a
certification to the Floodplain Administrator that the standards of this Section, as proposed in Section 21.13.3.D.3 are satisfied.
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d. Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
5. Floodways
Lands located within areas of special flood hazard established in Section
21.13.3.C.2, are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles and erosion potential, the following provisions
shall apply:
b. Encroachments are prohibited, including fill, new construction,
substantial improvements and other development within the
adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood
discharge.
b. If Section 21.13.3.E.5.a above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 21.13.3E.
c. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program Regulations, a community may
permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by
Section 65.12.
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Exhibit A: Sec. 21.13.2 Flood Damage Prevention Ordinance
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Sec. 21.13.4 Drainage
A. Applicability. The provisions of this Article shall apply to any Capital
Improvement Project, application for Subdivision Plat, Master Development Plan,
Site Plan, Grading and Clearing Permit, and/or Building Permit approval except
as otherwise provided by this chapter. A Storm Water Management Plan (SWMP) shall be provided as set forth in section 21.13.2.
B. Storm Water Management Program
1. System Criteria
a. All storm water management facilities, or combination of facilities,
shall be designed for ultimate development. Facilities with drainage areas less than one hundred (100) acres none of which lies within the SFHA shall be designed for a twenty-five-year
storm. Facilities with drainage areas over one hundred (100) acres
or any part of which is within a SFHA shall be designed for a 100-
year storm or a twenty-five-year storm plus freeboard, as defined in the Public Works Specifications Manual, if that elevation is higher.
b. Detention facilities and streets are exceptions to the frequency
criteria cited above. Refer to the Public Works Specifications
Manual for specific drainage design criteria for streets and detention facilities.
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
(ii) above, to determine if the increased runoff from the
ultimate watershed development results in an adverse impact to other properties.
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d Responsibility to Accept Storm Water
The owner or developer of property to be developed shall be
responsible for the conveyance of all storm water flowing through
the property. This responsibility includes the storm water 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
Storm Water 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
community association and must be specified in a
maintenance schedule submitted to the City. A maintenance
schedule for 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.
iii. If the current owner fails to address any maintenance issues
identified by the City or State, then the City may perform
required maintenance at the expense of the current owner.
g. New Development
Peak storm water 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
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one-hundred-year (100-yr) design storm events, except as provided
in subsection B.1, above.
h. Redevelopment
Peak storm water runoff rates from an area of redevelopment 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. Drainage Easements/Rights-of-Way
1. Where a subdivision is traversed by a watercourse, drainage way, 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.
2. Easements shall be the one hundred (100) year floodplain or the twenty-five-year plus freeboard (Public Works Specifications Manual) 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. Diversion of storm water 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.
3. 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
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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.
4. For single family residential subdivisions, drainage easements crossing lots and property lines are prohibited. Drainage easements should be
placed in separate common area lots. Fencing or other structures may be
allowed across drainage easements only in accordance with the following
restrictions:
a. The fence or structure will not interfere with adequate drainage flow.
b. Bottom of fence shall be a minimum of the flow depth, plus
freeboard (see Public Works Specifications Manual) above design
flow line of channel or drain. Fences located within drainage
easements shall be equipped with a bar screen at the bottom to allow for proper drainage flow to be approved by the Driector of
Public Works or his/her designee.
c. A hinged gate will be placed across the entire width of the drainage
easement.
d. Fence posts located within the easement must be structurally designed to resist damage from the storm water flows and impact
from debris.
e. A Floodplain Development Permit will be required to construct a
fence within an easement within the 100-year floodplain.
5. Interceptor drainage easements and channels shall be provided where the drainage area to the back of platted lots exceeds the depth of one (1)
platted residential lot or 120 feet whichever is greater. Interceptor drains
shall be constructed prior to the issuing of building permits on any lot that
would be affected by natural drainage being intercepted.
6. 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 natural low and include the design storage area for the volume
of runoff, provided that the easement is adequate to accommodate the
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facilities that will be built in conjunction with the future development of
that property to build out of the watershed.
D. 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; 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, July
2005), 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 Texas
Pollutant Discharge Elimination System (TPDES) permitting requirements
and the Public Works Specifications Manual are required.
3. Projects shall not be considered complete until restoration has been made
in accordance with TPDES 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.
E. For projects or series of projects with an increased impervious area of greater than
0.1 acres, storm water detention shall mitigate peak flow rates to predevelopment
or existing development conditions including the initial 0.1 acres increase as
stated in sections 21.13.4.B. of this Article.
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
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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
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.
3. Multi-use facilities are encouraged, but not required (multi-use facilities
allows for water quality, satisfy TPDES requirements, enhance ground 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. Storm water retention with permanent wet pool or pumped detention systems will not be acceptable methods of storm water 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:
c. 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.
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5. All storm water detention facilities considered to be dams as defined by
Texas Commission on Environmental Quality (TCEQ) shall conform to
any applicable law, regulation, and ordinance of any regulatory entity and
the following criteria:
a. All dams 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
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shown to be structurally capable of withstanding any range of
flood conditions with regard to possible failure due to sliding,
overturning, and structural integrity, up to and including the PMP
flood.
21.13.5 Control of Storm Water Run-off
A. Procedure for Submittal of a Storm Water Management Plan
To standardize the review process and minimize the time for approval by the City during review of any applications indicated in Section 21.13.4.A of this Article, 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 Storm Water Management Plan (SWMP) for the total development area to be ultimately
constructed. The SWMP shall contain all of the necessary support data,
methodologies used in calculations, and conclusions as required by the Public
Works Specifications Manual (Section 4.3). A checklist is found in the Public Works Specifications Manual (Section 6) that will be used by the City reviewer as a guide during the evaluation of all SWMPs 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
SWMP shall be submitted to the Director of Public Works or his/her designee prior to approval of any construction plans.
B. Purpose and Intent
The purpose of the Ordinance for the Control of Storm Water Run-off (“this Ordinance”) is to establish minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the
public residing in watersheds within this jurisdiction. This Ordinance seeks to
meet that purpose through the following objectives:
1. Minimize storm water run-off from any property in order to reduce flooding, siltation, increases in stream temperature, stream bank erosion
and maintain the integrity of stream channels.
2. Minimize nonpoint source pollution caused by storm water run-off from property which would otherwise degrade local water quality.
3. Minimize the total annual volume of surface water run-off which flows
from any specific site during and following development to not exceed the
pre-development hydrologic regime to the maximum extent practicable.
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4. Reduce storm water run-off rates and volumes, soil erosion and nonpoint
source pollution, through storm water management controls and to ensure
that these management controls are properly maintained and pose no threat
to public safety.
C. Applicability
This Ordinance shall be applicable to all territory within the corporate limits and
extraterritorial jurisdiction of the City including any developed and undeveloped land unless explicitly exempted by Section 4 of this Ordinance or an authorized
state or federal enforcement agency. This Ordinance also applies to land
development activities that are smaller than the minimum applicability criteria if
such activities are part of a larger common plan of development that meets the
following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In
addition, all plans may also be reviewed by local environmental protection
officials to ensure that established water quality standards will be maintained
during and after development of the site and that post construction run-off levels
are consistent with any local and regional watershed plans.
To prevent the adverse impacts of storm water run-off, the City has developed a
set of performance standards that must be met by new developments. These
standards apply to any construction activity disturbing one (1) acre or more of
land. The following activities may be exempt from these storm water performance criteria:
1. Any emergency activity that is immediately necessary for the protection of
life, property, or natural resources. Public Works must be notified within
24 hours of such activities.
2. The removal of underbrush, dead trees, and diseased or damaged trees
which constitute a hazard to life and property based upon field inspection
verification.
3. Grading and clearing practices associated with agricultural operations,
excluding timber cutting, grading cuts or fills, and work within designated
special flood hazard area.
D. Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of this
Ordinance. Any powers granted or duties imposed upon the authorized
enforcement agency may be delegated in writing by the Director of Public Works
or his/her designee to persons or entities acting in the beneficial interest of the City. Whenever the requirements of this Ordinance are in conflict with the
requirements of any other adopted rules, regulations, or ordinances, the
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requirement that is most restrictive or that imposes the higher standards, as
determined by the Director of Public Works or his/her designee, shall apply.
E. Ultimate Responsibility The issuance of any permit, certificate, or approval in accordance with the
standards and requirements of this Ordinance 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 storm drainage system for
which the permit, certificate or approval was issued. This Ordinance does not
intend or imply that compliance by any person will ensure that there will not be
contamination, pollution, or unauthorized discharge of pollutant.
F. Development of a Storm Water Design Manual
The City may furnish additional policy, criteria, and information including
specifications and standards, for the proper implementation of the requirements of
this Ordinance and may provide such information in the form of a Storm Water
Design Manual as part of the Public Works Specifications Manual. This manual will include a list of acceptable storm water treatment practices, including the
specific design criteria and operation and maintenance requirements for each
storm water practice. The manual may be updated and expanded at the discretion
of the local review authority, based on improvements in engineering, science,
monitoring, and local maintenance experience. Storm water treatment practices that are designed and constructed in accordance with these design and sizing
criteria will be presumed to meet the minimum water quality performance
standards of the City.
G. Permit Required
No land owner or land operator shall receive a Grading and Clearing Permit,
Development Permit or Construction Permit, required for land disturbance activities, without first meeting the requirements of this Ordinance prior to
commencing the proposed activity.
H. Application Requirements
Unless specifically excluded by this Ordinance, any land owner or operator
desiring a permit for a land disturbance activity shall submit to the City a permit
application on a form provided for that purpose.
Unless otherwise excluded by this Ordinance, a permit application must be accompanied by the following:
1. A storm water management concept plan.
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2. A maintenance agreement.
3 A non-refundable permit review fee.
The storm water management plan and maintenance agreement shall be prepared
to meet at minimum the requirements of this Ordinance, the Public Works
Specifications Manual, the Unified Development Code, and any other applicable
law, code, or ordinance. The fees shall be established by the City in the current
fee schedule at the time of application submittal, or as required in this Ordinance.
The City may, at its discretion, require the submittal of a performance
bond/escrow in the amount of $1,000/acre prior to the issuance of a permit in
order insure that the storm water management practices as required by the plans
approved for the permit are installed and maintained by the permit holder for the duration of the construction activity. The performance bond or escrow will not be
released until all land disturbed by construction activity has 85% coverage of
approved vegetation as determined by the Director of Public Works or his/her
designee.
I. Application Review Fees
The fee for review of any land development application shall be based on the
amount of land to be disturbed at the site, and the fee structure shall be established
by the City. All of the monetary contributions shall be credited to a local budgetary category to support local plan review, inspection, and program
administration. Payment shall be made prior to the issuance of any permit for the
development.
J. Application Procedure
1. Applications for land disturbance activity permits must be filed with the
Inspections Department on any regular business day.
2. A copy of this permit application shall be forwarded to the appropriate department(s) for review.
3. Permit applications shall include the following; two copies of the storm
water management concept plan, two copies of the maintenance
agreement, one copy of the storm water management concept plan, and the maintenance agreement in PDF on a CD/DVD, and any required review
fees.
4. Within 30 days of the receipt of a complete permit application, including
all documents as required by this Ordinance, the City shall inform the applicant whether the application, plan, and maintenance agreement are
approved or disapproved.
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5. If the permit application, storm water management plan, or maintenance
agreement are disapproved, the applicant may revise the storm water
management plan or agreement. If additional information is submitted, the City shall have 30 days from the date the additional information is
received to inform the applicant that the plan and maintenance agreement
are either approved or disapproved.
K. Permit Duration
Permits issued under this section shall be valid from the date of issuance through
the date of completion as specified on each individual permit. It is the
responsibility of the applicant to ensure that all storm water management practices
have passed the final inspection required under the permit’s conditions, or an extension has been approved if applicable by the date of completion of the permit.
L. Waivers for Providing Storm Water Management
1. Every applicant shall provide for storm water management as required by this Ordinance, unless a written request is filed to waive this requirement.
Requests to waive the storm water management plan requirements shall be
submitted to the City for approval.
The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided that at
least one of the following conditions applies:
a. It can be demonstrated that the proposed development is not likely
to impair attainment of the objectives of this Ordinance.
b. Alternative minimum requirements for on-site management of
storm water discharges have been established in a storm water
management plan that has been approved by the City and the
implementation of the plan is required by local ordinance.
c. Provisions are made to manage storm water by an off-site facility.
The off-site facility is required to be in place and be designed and
adequately sized to provide a level of storm water control that is
equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for
long-term operation and maintenance of the storm water practice.
d. The City determines that meeting the minimum on-site
management requirements is not feasible due to the natural or existing physical characteristics of a site.
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e. Non-structural practices will be used on the site that reduces: 1.)
the generation of storm water from the site, 2.) the size and cost of
storm water storage and 3.) the pollutants generated at the site.
These non-structural practices are explained in detail in the current design manual and the amount of credit available for using such
practices shall be determined by the City.
2. In instances where one of the conditions above applies, the City may grant
a waiver from strict compliance with these storm water management provisions, as long as acceptable mitigation measures are provided.
However, to be eligible for a variance, the applicant must demonstrate to
the satisfaction of the City that the variance will not result in the following
impacts to downstream waterways:
a. Deterioration of existing culverts, bridges, dams, and other
structures.
b. Degradation of biological functions or habitat.
c. Accelerated stream bank or stream bed erosion or siltation.
d. Increased threat of flood damage to public health, life, safety,
and/or property.
3. Furthermore, where compliance with minimum requirements for storm
water management is waived, the applicant will satisfy the minimum
requirements by meeting one of the mitigation measures selected by the
jurisdictional storm water authority. Mitigation measures may include, but
are not limited to, the following:
a. The purchase and donation of privately owned lands, or the grant
of an easement to be dedicated for preservation and/or
reforestation. These lands should be located adjacent to the stream
corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat.
b. The creation of a storm water management facility or other
drainage improvements on previously developed properties, public
or private, that currently lack storm water management facilities designed and constructed in accordance with the purposes and
standards of this Ordinance.
c. Monetary contributions (fee-in-lieu) to fund storm water
management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water
quality and macro-invertebrates, stream flow monitoring,
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threatened and endangered species studies, hydrologic studies, and
monitoring of storm water management practices).
4. The City Manager or his/her designee may authorize waivers from the provisions of this Ordinance when, in his/her opinion, undue hardship will
result from requiring strict compliance. In granting a waiver, the City
Manager shall prescribe only conditions that he/she deems necessary or
desirable to the public interest. In making his/her findings, the City
Manager 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 City Manager finds:
a. 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 will not violate any applicable law or ordinance of any
regulatory entity.
b. That the granting of the waiver will be in harmony with the general purpose and intent of the UDC and any other applicable code or
ordinance so that the public health, safety, and welfare may be
secured and justice done.
5. Such findings of the City Manager, together with the specified facts upon
which such findings are based, shall be incorporated into the official records of any related permit for which such waiver is granted.
6. The City Manager may establish a time period for execution of each
granted waiver. Any decision of the City Manager or his/her designee
regarding waivers to the provisions of this Ordinance may be appealed to
the City Council. When considering an appeal, the City Council shall consider the same standards as the City Manager, as outlined above.
M. Fee in Lieu of Storm Water Management Practices
Where the City waives all or part of the minimum storm water management
requirements, or where the waiver is based on the provision of adequate storm
water facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the City. When an
applicant obtains a waiver of the required storm water management, the monetary
contribution required shall not exceed the proportionate cost of his/her
contribution to the system discharged into (unless the applicant and storm water
authority reach an agreement on a greater alternate contribution). All of the monetary contributions shall be credited to an appropriate capital improvements
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program project, and shall be made by the developer prior to the issuance of any
permit for development.
N. Dedication of Land
In lieu of a monetary contribution, an applicant may obtain a waiver of the
required storm water management by entering into an agreement with the City for
the granting of an easement or the dedication of land by the applicant, to be used
for the construction of an off-site storm water management facility. The agreement shall be entered into by the applicant and the City prior to the
recording of plats or, if no record plat is required, prior to the issuance of the
building permit.
O. General Performance Criteria for Storm Water Management
Unless judged by the City to be exempt or by waiver, the following performance
criteria shall be addressed for storm water management at all sites:
1. All site designs shall establish storm water management practices to control the peak flow rates of storm water discharge associated with
specified design storms and reduce the generation of storm water. These
practices should seek to utilize pervious areas for storm water treatment
and to infiltrate storm water run-off from driveways, sidewalks, rooftops,
parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.
2. All storm water run-off generated from new development shall not
discharge untreated storm water directly into a jurisdictional wetland or
local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be
assessed using a method acceptable to the City. In no case shall the impact
on functional values be any less than allowed by the United States Army
Corp of Engineers (USACE) or the Texas Commission of Environmental
Quality (TCEQ) responsible for natural resources.
3. Annual groundwater recharge rates shall be maintained by promoting
infiltration through the use of structural and non-structural methods.
4. For new development, structural storm water treatment practices (STP) shall be designed to remove the average annual post development total
suspended solids load (TSS). It is presumed that a STP complies with this
performance standard if it is:
a. Sized to capture the prescribed water quality volume (WQv).
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b. Designed according to the specific performance criteria outlined in
the local storm water design manual.
c. Constructed properly and maintained regurlarly.
5. To protect stream channels from degradation, specific channel protection
criteria shall be provided as prescribed in the current storm water manual.
6. Storm water discharges to critical areas with sensitive resources (i.e. Edwards Aquifer regulated zones and other water supply reservoirs) will
be required to meet the requirements of the Edwards Aquifer Protection
Program.
7. Certain industrial sites are required to prepare and implement a storm water pollution prevention plan, and shall file a notice of intent (NOI)
under the provisions of the Texas Pollutant Discharge Elimination System
(TPDES) general permit. The storm water pollution prevention plan
requirement applies to both existing and new industrial sites.
8. Storm water discharges from land uses or activities with higher potential
pollutant loadings, known as “hotspots”, may require the use of specific
structural storm water treatment practice (STPs) and pollution prevention
practices.
9. Prior to design, applicants are required to consult with the City to
determine if they are subject to additional storm water design
requirements.
10. The calculations for determining peak flows as found in the Public Works Specification Manual shall be used for sizing all storm water management
practices.
P. Minimum Control Requirements
All storm water management practices will be designed so that the specific storm
frequency storage volumes (e.g., recharge, water quality, channel protection, 5
year, 25 year, 100 year) as identified in the current storm water design manual are
met, unless the City grants the applicant a waiver or the applicant is exempt from
such requirements. In addition, if hydrologic or topographic conditions warrant greater control than
that provided by the minimum control requirements, the City reserves the right to
impose any and all additional requirements deemed necessary to control the
volume, timing, and rate of run-off.
Q. Site Design Feasibility
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Storm water management practices for a site shall be chosen based on the
physical conditions of the site. Among the factors that should be considered:
1. Topography
2. Maximum Drainage Area
3. Depth to Water Table
4. Soils
5. Slopes
6. Terrain
7. Head
8. Location in relation to environmentally sensitive features or ultra-urban
areas
R. Conveyance Issues
All storm water management practices shall be designed to convey storm water to
allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to:
1. Maximizing of flowpaths from inflow points to outflow points
2. Protection of inlet and outfall structures
3. Elimination of erosive flow velocities
4. Providing of underdrain systems, where applicable
The Storm Water Design Manual shall provide detailed guidance on the
requirements for conveyance for each of the approved storm water management
practices.
S. Treatment/Geometry Conditions
All storm water management practices shall be designed to capture and treat
storm water run-off according to the specifications outlined in the Storm Water
Design Manual. These specifications will designate the water quantity and
quality treatment criteria that apply to an approved storm water management practice.
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T. Landscaping Plans Required
All storm water management practices must have a landscaping plan detailing
both the vegetation to be in the practice and how and who will manage and maintain this vegetation.
U. Maintenance Agreements
All storm water treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This
agreement will include any and all maintenance easements required to access and
inspect the storm water treatment practices, and to perform routine maintenance
as necessary to ensure proper functioning of the storm water treatment practice.
In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all storm water treatment practices shall be secured prior to
issuance of any permits for land disturbance activities.
V. Non-Structural Storm Water Practices
The use of non-structural storm water treatment practices is encouraged in order
to minimize the reliance on structural practices. Credit in the form of reductions
in the amount of storm water that must be managed can be earned through the use
of non-structural practices that reduce the generation of storm water from the site.
These non-structural practices are explained in detail in the current design manual and applicants wishing to obtain credit for use of non-structural practices must
ensure that these practices are documented and remain unaltered by subsequent
property owners.
W. Storm Water Management Plan Required for All Developments
No application for development will be approved unless it includes a storm water
management plan detailing in concept how run-off and associated water quality
impacts resulting from the development will be controlled or managed. This plan
must be prepared by an individual approved by the City, must indicate whether storm water will be managed on-site or off-site and the general location and type
of practices.
The storm water management plan(s) shall be referred for comment to all other
interested agencies, and any comments must be addressed in a final storm water management plan. This final plan must be signed by a licensed professional
engineer (PE), who will verify that the design of all storm water management
practices meet the submittal requirements outlined in the Submittal Checklist
found in the storm water design manual. No Grading and Clearing Permit,
Development Permit or Construction Permit shall be issued until a satisfactory final Storm Water Management Plan, or a waiver thereof, shall have undergone a
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review and been approved by the City after determining that the plan or waiver is
consistent with the requirements of this Ordinance.
X. Storm Water Management Concept Plan Requirements
A storm water management concept plan shall be required with all permit
applications and will include sufficient information (i.e, maps, hydrologic
calculations, etc) to evaluate the environmental characteristics of the project site,
the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the
measures proposed for managing storm water generated at the project site. The
intent of this conceptual planning process is to determine the type of storm water
management measures necessary for the proposed project, and ensure adequate
planning for management of storm water run-off from future development. To accomplish this goal the following information shall be included in the concept
plan:
1. A map (or maps) indicating the location of existing and proposed
buildings, roads, parking areas, utilities, structural storm water management and sediment control facilities. The map(s) will also clearly
show proposed land use with tabulation of the percentage of surface area
to be adapted to various uses; drainage patterns; locations of utilities,
roads and easements; the limits of grading and clearing; a written
description of the site plan and justification of proposed changes in natural conditions may also be required.
2. Sufficient engineering analysis to show that the proposed storm water
management measures are capable of controlling run-off from the site in
compliance with this Ordinance and the specifications of the Storm Water Design Manual.
3. A written or graphic inventory of the natural resources at the site and
surrounding area as it exists prior to the commencement of the project and
a description of the watershed and its relation to the project site. This description should include a discussion of soil conditions, forest cover,
topography, wetlands, and other native vegetative areas on the site.
Particular attention should be paid to environmentally sensitive features
that provide particular opportunities or constraints for development.
4. A written description of the required maintenance burden for any proposed
storm water management facility.
5. The City may also require a concept plan to consider the maximum
development potential of a site under existing zoning, regardless of whether the applicant presently intends to develop the site to its maximum
potential.
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Y. Final Storm Water Management Plan Requirements
After review of the storm water management concept plan, and modifications to that plan as deemed necessary by the City, a final storm water management plan
must be submitted for approval. The final storm water management plan, in
addition to the information from the concept plan, shall include all of the
information required in the Storm Water Management Plan checklist found in the
Storm Water Design Manual.
Z. Performance Bond/Escrow
1. The City may, at its discretion, require the submittal of a performance
escrow or bond prior to issuance of any permit in order to insure that the storm water practices are installed by the permit holder as required by the
approved storm water management plan. The amount of the performance
bond/escrow and the forfeiture provisions for failure to complete work
specified in the storm water management plan shall be in accordance with
Section 8 of this Ordinance.
2. The performance bond/escrow shall be released in full only upon
submission of "as-built plans", quantity and cost of any public storm water
conveyance facilities, 85% coverage of vegetation of all disturbed areas,
and written certification by a registered professional engineer that the storm water practice has been installed in accordance with the approved
plan and other applicable provisions of this Ordinance.
4. The City will make a final inspection of the storm water practice to ensure
that it is in compliance with the approved plan and the provisions of this Ordinance. Provisions for a partial pro-rata release of the performance
security based on the completion of various development stages can be
done at the discretion of the City.
AA. Notice of Construction Commencement
1. The applicant must notify the City at least two business days in advance
before the commencement of construction. Regular inspections of the
storm water management system construction shall be conducted by the
staff or certified by a professional engineer or their designee who has been approved by the jurisdictional storm water authority. All inspections shall
be documented and written reports prepared that contain the following
information:
a. The date and location of the inspection.
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b. Whether construction is in compliance with the approved storm
water management plan.
c. Variations from the approved construction specifications.
d. Any violations that exist.
2. If any violations are found, the property owner shall be notified in writing
of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work
previously completed has received approval by the City.
BB. As-Built Plans
All applicants are required to submit actual “as-built” plans for any storm water
management practices located on-site after final construction is completed. The
plan must show the final design specifications for all storm water management
facilities and must be certified by a professional engineer. A full size set of as-
builts and one copy PDF on CD/DVD as well as final inspection by the City is required before the release of any performance securities can occur.
CC. Landscaping and Stabilization Requirements
Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated
within ten (10) days from the substantial completion of such clearing and
construction. The following criteria shall apply to revegetation efforts:
1. Reseeding must be done in accordance with the criteria established in the Public Works Specification Manual to control erosion until such time as
the cover crop is established over eighty-five percent (85%) of the seeded
area.
2. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient
coverage to control erosion until the plantings are established and are
capable of controlling erosion.
3. In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative stabilization and
management techniques to be used at a site after construction is
completed. This plan will explain not only how the site will be stabilized
after construction, but who will be responsible for the maintenance of
vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be approved prior
to receiving a permit.
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4. In order to file a plat before establishing 85% coverage of approved
vegetation on all land disturbed by construction activity, a performance
bond/escrow must be submitted to and accepted by the City in accordance with Section 25 of this Ordinance.
DD. Maintenance Easement
Prior to the issuance of any permit that has an storm water management facility as one of the requirements of the permit, the applicant or owner of the site must
execute a maintenance easement agreement that shall be binding on all
subsequent owners of land served by the storm water management facility. The
agreement shall provide for access to the facility at reasonable times for periodic
inspection by the City, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions established
by this Ordinance. The easement agreement shall be recorded prior to final plat
approval or prior to any building permit issued within the development,
whichever is sooner.
EE. Maintenance Covenants
1. Maintenance of all storm water management facilities shall be ensured
through the creation of a formal maintenance covenant that must be approved by the City and recorded into the land record prior to
construction plan approval. As part of the covenant, a schedule shall be
developed for when and how often maintenance will occur to ensure
proper function of the storm water management facility. The covenant
shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
2. The City, in lieu of a maintenance covenant, may accept dedication of any
existing or future storm water management facility for maintenance,
provided such facility meets all the requirements of the Public Works Specifications Manual and the Unified Development Code and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
FF. Requirements for Maintenance Covenants
All storm water management facilities will be subject to, at the minimum, an
annual inspection to document maintenance and repair needs and ensure
compliance with the requirements of this Ordinance and accomplishment of its
purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal,
and necessary replacement of landscape vegetation. Any maintenance needs
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found must be addressed in a timely manner, as determined by the City, and the
inspection and maintenance requirement may be increased as deemed necessary to
ensure proper functioning of the storm water management facility.
GG. Inspection Storm Water Facilities
Inspection programs may be established on any reasonable basis, including but
not limited to: routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants
or pollutants; inspections of businesses or industries of a type associated with
higher than usual discharges of contaminants or pollutants or with discharges of a
type which are more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the TPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety
laws. Inspections may include, but are not limited to: reviewing maintenance and
repair records; sampling discharges, surface water, groundwater, and material or
water in drainage control facilities; and evaluating the condition of drainage
control facilities and other storm water treatment practices.
HH. Right-of-Entry for Inspection
When any new drainage control facility is installed on private property, or when
any new connection is made between private property and a public drainage
control system, sanitary sewer or combined sewer, the property owner shall grant to the City the right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection. This includes the right to enter a property
when it has a reasonable basis to believe that a violation of this Ordinance is
occurring or has occurred, and to enter when necessary for abatement of a public
nuisance or correction of a violation of this Ordinance.
II. Records of Installation and Maintenance Activities
Parties responsible for the operation and maintenance of a storm water
management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least 3 years. These records shall be
made available to the City during inspection of the facility and at other reasonable
times upon request.
JJ. Failure to Maintain Practices
If a responsible party fails or refuses to meet the requirements of the maintenance
covenant, the City, after reasonable notice, may correct a violation of the design
standards or maintenance needs by performing all necessary work to place the
facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the City
shall notify the party responsible for maintenance of the storm water management
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facility in writing. Upon receipt of that notice, the responsible person shall have
60 days to effect maintenance and repair of the facility in an approved manner.
After proper notice, the City may assess the owner(s) of the facility for the cost of
repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be
placed on the tax bill and collected as ordinary taxes by the county.
KK. Violations
Any development activity that is commenced or is conducted contrary to this
Ordinance, may be restrained by injunction or otherwise abated in a manner
provided by law.
LL. Notice of Violations
1. When the City determines that an activity is not being carried out in
accordance with the requirements of this Ordinance, it shall issue a written
notice of violation to the owner of the property. The notice of violation
shall contain:
a. The name and address of the owner or the applicant or the
responsible person.
b. The address or other description of the site upon which the violation is occurring.
c. A statement specifying the nature of the violation.
d. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the storm water
management plan, the storm water maintenance agreement, or this
Ordinance and the date for the completion of such remedial action.
e. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed.
f. A statement that the determination of violation may be appealed to
the City Council of the City by filing a written notice of appeal
within five (5) business days after the notice of violation (except, that in the event the violation constitutes an immediate danger to
public health or public safety, 24 hours notice shall be sufficient).
2. The City may recover all attorneys’ fees, court costs, and other expenses
associated with enforcement of this Ordinance, including sampling and monitoring expenses.
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MM. Stop Work Orders
Persons receiving a notice of violation will be required to halt all construction
activities not directly related to the actions necessary to restore compliance with this Ordinance. This “stop work order” will be in effect until the City confirms
that the development activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a notice of violation in a timely
manner can result in civil, criminal, or monetary penalties in accordance with the
enforcement measures authorized in this Ordinance.
NN. Civil and Criminal Penalties
In addition to or as an alternative to any penalty provided herein or by law, any
person who violates the provisions of this Ordinance shall be deemed guilty of a class “C” misdemeanor and each day during which any violation of any of the
provisions of this Ordinance is committed, continued, or permitted, shall
constitute a separate offense. Upon conviction of any such violation, such person,
partnership, or corporation may be punished by and fined a minimum amount of
not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation. In addition to
any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this Ordinance shall be
required to bear the expense of such restoration. A civil penalty in an amount not
to exceed five hundred dollars ($500.00) per violation of this Ordinance may be imposed. Each violation of a particular section of this Ordinance shall constitute a
separate offense, and each day such an offense continues shall be considered a
new violation for purposes of enforcing this Ordinance.
OO. Restoration of Lands
Any violator may be required to restore land to its undisturbed condition. In the
event that restoration is not undertaken within a reasonable time after notice, the
City may take necessary corrective action, the cost of which shall be borne by the
owner and may become a lien upon the property until paid.
PP. Holds on Occupancy Permits
Occupancy permits will not be granted or may be revoked until all corrections to
all storm water practices have been made and accepted by the City.
21.13.6 Illicit Discharge and Connection
A. Purpose
The purpose and intent of this Section is to provide for the health, safety, and
general welfare of the citizens of the City of Schertz (“the City”) through the
regulation of non-storm water discharges to the storm drainage system as required
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by the Texas Pollutant Discharge Elimination System (TPDES) permit and state
law. The objectives are to regulate the contribution of pollutants to the storm
drainage system by storm water discharges of any user, to prohibit illicit
discharges and connections to the storm drainage system, to establish legal authority to carry out all inspection, surveillance, and monitoring procedures
necessary to ensure compliance with this Ordinance, and to establish penalties for
violations of this Ordinance. The provisions of this Ordinance shall be interpreted
and applied as the minimum requirements for the promotion of public health,
safety and general welfare.
B. Applicability
This Section shall apply to all discharges entering the storm drainage system
generated on any developed and undeveloped lands within the corporate limits of
the City or in the extraterritorial jurisdiction unless explicitly exempted by Public
Works or an authorized state or federal enforcement agency.
C. Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of this
Ordinance. Any powers granted or duties imposed upon the authorized
enforcement agency may be delegated in writing by the Director of Public Works or his/her designee to persons or entities acting in the beneficial interest in the
employ of the City. Whenever the requirements of this Ordinance are in conflict
with the requirements of any other lawfully adopted rules, regulations, or
ordinances, the requirement that is most restrictive or that imposes the higher
standards, as determined by the Director of Public Works or his/her designee shall apply.
D. Ultimate Responsibility
The issuance of any permit, certificate or approval in accordance with the
standards and requirements of this Ordinance 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 storm drainage system for
which the permit, certificate or approval was issued. This Ordinance does not
intend or imply that compliance by any person will ensure that there will not be contamination, pollution, or unauthorized discharge of pollutants.
E. Prohibitions
1. Prohibition of Illegal Discharges
No person shall discharge or cause to be discharged into the storm drain system or watercourse any materials, including but not limited to
pollutants or waters containing any pollutants that cause or contribute to a
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violation of applicable water quality standards, other than storm water.
The commencement, conduct, or continuance of any illegal discharge to
the storm drainage system is prohibited except as described as follows:
a. The following are exempt discharges not prohibited by the
establishment of this Ordinance: uncontaminated water line
flushing or other potable water sources, landscape irrigation or
lawn watering, diverted stream flows, rising ground water, ground
water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active ground
water dewatering systems), crawl space pumps, air conditioning
condensation, springs, individual, noncommercial washing of
vehicles, natural riparian habitat or wetland flows, fire hydrant
flushing, firefighting activities, and any other water source not containing pollutants of concern or other materials as described in
this Ordinance.
b. Discharges from swimming pools are generally not allowed unless:
de-chlorinated to less than 1 ppm chlorine or discharged through
the yard of the property on which it is located, and does not cross adjacent property, to aid in dissipating the chlorine and notification
to the Public Works Department at least one business day in
advance of discharge.
c. Discharges specified in writing by the Director of Public Works or
his/her designee as being necessary to protect public health and safety.
d. Dye testing is an allowable discharge, but requires written approval
from the Director of Public Works or his/her designee and all other
applicable enforcement agencies prior to the time of the test.
e. The prohibition shall not apply to any non-storm water discharge permitted under an TPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the Federal Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the
permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted by the
Director of Public Works or his/her designee for any discharge to
the storm drain system.
2. Prohibition of Illicit Connections
b. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited
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b. This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
c. A person is considered to be in violation of this Ordinance if the
person connects a line conveying sewage to the storm drainage
system or allows such a connection to continue.
F. Suspension of Storm Drainage System Access
1. Suspension Due to Illicit Discharges In Emergency Situations
The Director of Public Works or his/her designee may, without prior
notice, suspend storm drainage system discharge access to a person or
entity when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm
drainage system or waters of the United States. If the violator fails to
comply with a suspension order issued in an emergency, the City may take
such steps as deemed necessary to prevent or minimize damage to the
storm drainage system, water of the United States, or to minimize danger to persons.
2. Termination Due to the Detection of Illicit Drainage
Any person discharging to the storm drainage system in violation of this
Ordinance may have their access terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the
proposed termination of its storm drainage system access. The
notifications will be in accordance with Section 12.13.6.L of this
Ordinance as specified below.
G. Industrial or Construction Activity Discharges
Any person or persons subject to an industrial or construction activity TPDES
storm water discharge permit shall comply will all provisions of such permit.
Proof of compliance with said permit will be required in a form acceptable to the
City prior to the allowing of discharges to the storm drainage system.
H. Monitoring of Discharges
1. Public Works representatives’ shall be allowed to enter and inspect
permitted facilities subject to regulation under this Ordinance as often as
may be necessary to determine compliance. If a discharger has security measures in force, which require proper identification and clearance
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before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of Public Works.
2. Facility operators shall allow Public Works representatives’ ready access
to all parts of the premises for the purpose of inspection, sampling, examination and copying of records that must be kept under the conditions
of an TPDES permit to discharge storm water, and the performance of any
additional duties as defined by state and federal law.
3. Public Works’ representatives shall have the right to set up on any
permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of
the facility’s storm water discharge.
2. Public Works has the right to require the discharger to install monitoring
equipment as necessary. The facility’s sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to
measure storm water flow and quality shall be calibrated to ensure their
accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Director of Public Works or
his/her designee and shall not be replaced. The costs of clearing such
access shall be borne by the operator.
6. Unreasonable delays in allowing Public Works’ representatives access to a
permitted facility is a violation of a storm water discharge permit and of this Ordinance. A person who is the operator of a facility with a TPDES
permit to discharge storm water associated with industrial activity
commits an offense if the person denies Public Works’ representatives
reasonable access to the permitted facility for the purpose of conducting
any activity authorized or required by this Ordinance.
7. If Public Work’s representatives have been refused access to any part of
the premises from which storm water is discharged, and he/she is able to
demonstrate probable cause to believe that there may be a violation of this
Ordinance, or that there is a need to inspect and/or sample as part of a
routine inspection and sampling program designed to verify compliance with this Ordinance or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the Public
Works representative may seek issuance of a search warrant from any
court of competent jurisdiction.
I. Requirement to Prevent, Control and Reduce Storm Water Pollutants by the Use of Best Management Practices
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The City will adopt requirements identifying Best Management Practices (BMPs)
for any activity, operation, or facility, which may cause or continue to contribute
to pollution or contamination of storm water, the storm drain system, or waters of
the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the storm drainage system or
watercourses through the use of these structural and non-structural BMPs.
Further, any person responsible for a property or premises, which is, or may be,
the source of an illicit discharge may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further
discharge of pollutants to the storm drainage system. Compliance with all terms
and conditions of a valid TPDES permit authorizing the discharge of storm water
associated with industrial activity, to the extent practicable, shall be deemed
compliant wit the provisions of this section. These BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as necessary for compliance with
requirements of the TPDES permit.
J. Watercourse Protection
Every person owning a property through which a watercourse passes, shall keep and maintain that part of the watercourse within said person’s property free of
trash, debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or retard the flow of water through the watercourse. In addition, the
owner shall maintain existing privately owned structures within or adjacent to a
watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse.
L. Notification of Spills
Notwithstanding other requirements of law, as soon as any person responsible for
a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into
storm water, the storm drain system or waters of the U.S., said person shall take
all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of such as release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via
emergency dispatch services. In the event of a release of nonhazardous materials,
said person shall notify Public Works in person or by phone or facsimile no later
than the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the Director of Public Works within three business days of the phone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on site written record of the
discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least three years from the date of the discharge.
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M. Violation, Enforcement, Penalties and Appeals
1. Notification of Violation
Whenever the Public Works representative finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the
authorized enforcement agency may order compliance by written notice of
violation to the responsible person. If abatement of a violation and/or
restoration of affected property are required, the notice shall set forth a
deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done by a
designated governmental agency or a contractor and the expense thereof
shall be charged to the violator.
2. Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received within five (5) business days from the date of the Notice of
Violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within thirty (30) days from the date of
receipt of the notice of appeal. The decision of the municipal authority or
their designee shall be final.
3. Enforcement Measures After Appeal
If the violation has not been corrected pursuant to the requirements set
forth in the Notice of Violation, or in the event of an appeal, within thirty
(30) days of the decision of the representative upholding the decision of
Public Works, then representatives of the City may enter the subject’s
private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for
any person, owner, agent or person in possession of any premises to refuse
to allow the Public Works representative or designated contractor to enter
upon the premises for the purposes set forth above.
3. Cost of Abatement of the Violation
Any person violating any of the provisions of this article shall become
liable to the City by reason of such violation beginning on the 1st day
following discovery of the violation. Within thirty (30) days after
abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest in the City Secretary’s Office objecting to the
amount of the assessment within five (5) business days. The written
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protest shall be addressed by the City Council within 30 days. If the
amount due is not paid in full within 60 days from the notification of the
cost of abatement the charges may become a special assessment against
the property and shall constitute a lien on the property for the amount of the assessment.
5. Injunctive Relief
It shall be unlawful for any person to violate any provision or fail to
comply with any of the requirements of this Ordinance. If a person has
violated or continues to violate the provisions of this Ordinance, the City may petition for a preliminary or permanent injunction restraining the
person from activities which would create further violations or compelling
the person to perform abatement or remediation of the violation.
6. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided, any
condition caused or permitted to exist in violation of any of the provisions
of this Ordinance is a threat to public health, safety and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored
at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
N. Remedies Not Exclusive
The remedies listed in this Ordinance are not exclusive of any other remedies
available under any applicable federal, state or local law and it is within the
discretion of the City to seek cumulative remedies.
Sec. 21.13.7 Waivers and Amendments
A. General
The City Manager or his/her designee may authorize waivers from the provisions
of this Article when, in his/her opinion, undue hardship will result from requiring
strict compliance. In granting a waiver, the City Manager shall prescribe only
conditions that he/she deems necessary or desirable to the public interest. In making his/her findings, the City Manager 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 the public health, safety, convenience, and
welfare in the vicinity. Waivers shall not be granted unless the City Manager finds:
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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 will not
violate any applicable law or ordinance of any regulatory entity; and
2. 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. Such findings of the City Manager, together
with the specified facts upon which such findings are based, shall be
incorporated into the official records of any related permit for which such
waiver is granted.
B. The City Manager may establish a time period for execution of each granted
waiver.
D. Any decision of the City Manager or his/her designee 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 City Manager as outlined above.
D. The City Manager or his/her designee is hereby granted authority to amend,
supplement, change, modify, or repeal the text of any portion of the Public Works
Specifications Manual in order to establish and maintain appropriate standards for
development and use of property within the City’s corporate limits and extraterritorial jurisdiction in accordance with Section 21.1.4.
End of Article 13
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Article 14 Transportation
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
Classification ROW Pavement Drainage Width Sidewalk Width Hike/Bike Trail
Principal Arterial 120 feet 48 feet with 12
foot median
Curb or Curb and Gutter 5 feet
one side
8 feet other side (unless State Hwy
then both
sides)
Secondary Arterial 86 feet 48 feet Curb or Curb
and Gutter
5 feet
one side
8 feet other
side
Collector 60 feet 42 feet Curb or Curb
and Gutter
5 feet
both sides -
Local Street –
Residential 50 feet 30 feet Curb or Curb
and Gutter
5 feet
both sides -
Local Street – Commercial/Indust
rial
60 feet 42 feet Curb and Gutter 5 feet
both sides -
Paved Alley 20 feet 20 feet Curb or Curb
and Gutter None -
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 15 – Easements and Utilities
Schertz Unified Development Code
Article 15 Easements 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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Article 15 – Easements and Utilities
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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 16 – Definitions
Schertz Unified Development Code Article 16 Definitions
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.
Accessory Dwelling Unit: A residential dwelling unit, but not a mobile home, located on the
same lot as a single-family dwelling unit, either within the same building as the single family dwelling unit or in a detached unit or in a detached 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.
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Article 16 – Definitions
Schertz Unified Development Code 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 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
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Article 16 – Definitions
Schertz Unified Development Code 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;
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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
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Article 16 – Definitions
Schertz Unified Development Code 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
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
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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
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Article 16 – Definitions
Schertz Unified Development Code 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:
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
Updated 12/10/2013 16-16
Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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 plat having been duly approved by the
appropriate authority and recorded in the office of the County recorder of deed and records.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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
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
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Article 16 – Definitions
Schertz Unified Development Code 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..
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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.
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Article 16 – Definitions
Schertz Unified Development Code 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.
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
Updated 12/10/2013 16-30