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17-S-40 - UDC Article 3 updatesORDINANCE NO. 17 -S -40 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 3 BOARDS, COMMISSIONS AND COMMITTEES AND ASSOCIATED UPDATES IN UDC ARTICLES 4, 8, 9, 11 & 14; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on September 13, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on October 10, 2017 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of November 30, 2017 and any publication required by law. Approved on first reading the 10th day of October, 2017. PASSED, APPROVED AND ADOPTED on final reading the 24th day of October, 2017. is el R. Carpenter, Mayor ATTEST: -Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 3 Boards, Commissions and Committees Unified Development Code Articles 4, 8, 9, 11, 14 See Attached Article 3 Boards, Commissions and Committees Sec. 21.1.1 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. Authority Granted The City Council, Planning and Zoning Commission, Board of Adjustment, Parks and Recreation Advisory Board, Historic Preservation Committee, Transportation Safety Advisory Commission and Building and Standards Commission have the powers and authority as granted by State law, the City Charter and the Code of Ordinances to initiate, undertake, and decide matters as identified in this UDC. Sec. 21.1.2 City Council A. Duties and Approval Authority In addition to other rights of approval, the City Council shall render final decisions pertaining to applications for development on the following applications: 1. amendment to the Comprehensive Land Plan; 2. establish or amend a zoning district map classification, including creation or amendment of an overlay district; amendment to the UDC; 4. annexation; 5. a Development Agreement within the City's corporate boundaries and in the City's ETJ; 6. rezoning requests including applications for a Specific Use Permit; Historic Landmark or District Designation; 8. an a appeal of a vested rights determination; and 9. an appeal of the decision of any City Board, Commission or Committee, except the Board of Adjustment and Building and Standards Commission or as expressly provided for in this UDC or the Local Government Code. Sec. 21.1.3 Planning and Zoning. Commission A. Structure of the Commission The Planning and Zoning Commission is established in accordance with the City Charter and Commission members are appointed by the City Council. B. 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. amendment to the Comprehensive Land Plan; b. establish or amend a zoning district map classification, including creation or amendment of an overlay district; C. rezoning requests including an application for a Specific Use Permit. d. amendment to the UDC; and e. a Development Agreement as set forth in the LGC and this UDC; 2. The Planning and Zoning Commission shall have final approval authority on the following applications: a. Subdivision Master Plan. b. preliminary plat; C. final plat; d. amending plat; if forwarded by the City Manager or his/her designee. e. minor plat; if forwarded by the City Manager or his/her designee. f. replat; and 9. waivers relating to Article 12, Subdivisions. The Planning and Zoning Commission shall have the authority to make final determinations relating to appeals of staff determinations on the following items: a. Required Conditions for Home Occupations and denial of a Home Occupation permit. b. Site Design. Standards including Tree Preservation & Mitigation, Revisions to Approved Site Plans. C. Signs & Advertising Devices including general requirements, removal of signs. d. Additional Design Requirements including off street parking, building setback lines, and landscape buffers. e. An appeal of a driveway waiver determination. See. 21.1.4 Board of Adjustment A. Structure and Procedure of the Board of Adjustment 1. Composition and Procedures a. The Board of Adjustment (BOA) is established in accordance with the City Charter and provision of Chapter 211 of the Texas Local Government Code (LGC). The Board members are appointed by the City Council. Each case before the BOA must be heard by at least 75 percent of the members. 2. Vote Required for Decisions a. The concurring vote of four (4) of the five (5) members of the BOA is necessary to: reverse an order, requirement, decision or determination of an administrative official; or ii. authorize a variation from the terms of a zoning regulation. B. Duties and Approval Authority The BOA shall have the following duties: L 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, with respect to zoning and zoning related decisions. a. 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. 2. The BOA may authorize, in specific cases, a variance from this UDC in relation to zoning related items, 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. Sec. 21.1.5 Administrative An 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 appropriate approval body on the following applications: a. amendment to the Comprehensive Land Plan; b. establish or amend a zoning district map classification, including creation or amendment of an overlay district; C. rezoning requests including an applications for a Specific Use Permit; d. amendment of this UDC; e. annexation; f. a Development Agreement within the City's corporate boundaries and in the City's ETJ; g. Historic Landmark or District Designation; h. an appeal of the decision of any City Board, Commission, Committee or staff as authorized by this UDC; i. Subdivision Master Plan; j . preliminary plat; k. final plat; 1. replat; M. a variance, appeal or other application to be considered by the BOA; n. an interpretation, appeal or other application to be considered by the Building and Standards Commission; and o. an interpretation, waiver, appeal or other application to be considered by the Planning & Zoning Commission. 2. The City Manager or his/her designee shall have final approval authority on the following applications: a. a minor plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his /her designee may forward the plat to the Planning and Zoning Commission for approval; b. an amending plat, as authorized by this UDC, and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval; C. a Certificate of Determination, as authorized by this UDC and LGC Section 212.0115. However, the City Manager or his/her designee may forward the request to the Planning and Zoning Commission for determination; d. a site plan; and e. other applications as authorized by this UDC. See. 21.1.6 Other Boards, Commissions and Committees A. Parks and Recreation Advisory Board 1. Structure of the Parks Board The structure of the Parks Board shall be as set forth by the City Council in establishing the Parks Board. 2. 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. parks and recreation improvements and amenities included with any parkland dedication; and b. creation, amendment or updates to the Parks and Open Space Master Plan of the City. B. Historic Preservation Committee 1. 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. 2. 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. Transportation Safety Advisory Commission 1. Structure of the Transportation Safety Advisory Commission (TSAC) The structure of the TSAC shall be as set forth by the City Council in establishing the TSAC. 2. 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 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 matters related to transportation safety; b. develop safety materials to be used for promotional activities; C. develop research materials needed for promotion of transportation safety; d. develop a transportation safety plan for the City; e. review proposed transportation and traffic ordinances and make recommendations to the City Council; and f. participate in fact finding trips, conferences, and seminars related to transportation and traffic safety. D. Buildings and Standards Commission 1. Structure and Procedure of the Building and Standards Commission Composition and Procedures: a. The Building and Standards Commission is established in accordance with the provision of Chapter 54 of the LGC. Each case before the Building and Standards Commission must be heard by a majority of the members. b. The City Council will appoint a commission comprised of five (5) members and two (2) alternates who are residents of the City, one from each of the following professions or disciplines: i. Registered design professional with architectural experience or a builder or superintendent of building construction; ii. Registered design professional with structural engineering experiences; iii. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor or plumbing contractor; iv. Registered design professional with electrical engineering experience or an electrical contractor; and V. Registered design professional with fire protection engineering experience or a fire protection contractor. C. Registered Design Professional is defined as an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state of Texas. d. If a resident with the above criteria cannot be found then the City Council may appoint another resident of their choosing to the Commission. 2. Duties and Approval Authority The Building and Standards Commission shall have the following duties: a. The Building and Standards Commission has the authority to enforce the enumerated health and safety ordinances as authorized by Chapter 54 LGC, subchapter C, as amended. Specifically the Commission hears cases relative to ordinance violations: i. for the preservation of public safety, relating to the materials or methods used to construct a building of improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits; ii. relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location design, or width of entrances or exits; iii. relating to dangerously damaged or deteriorated building or improvements; iv. relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; and V. relating to a building code or to the condition, use, or appearance of property in the City of Schertz. b. The Building and Standards Commission shall have the authority to do the following items per LGC Sec. 54.036 i. order the repair, within a fixed period, of buildings found to be in violation of an ordinance; ii. require the demolition of a structure found to be a public nuisance; iii. declare a building substandard in accordance with the powers granted by LGC Chapter 54 Subsection C; iv. order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; V. issue orders or directives to any peace office or the state, including a sheriff or constable or the chief of police in the City of Schertz, to enforce and carry out the lawful orders or directives of the commission; and vi. determine the amount and duration of the civil penalty the municipality may recover as provided by LGC Section 54.017. The Building and Standards Commission has the authority to hear appeals to a decision from the fire chief, fire marshal, or the building official related i. the use of alternate materials and construction methods; or ii. interpretations of the fire code or building codes as adopted by the City of Schertz, including but not limited to, granting exceptions to those codes in order to make a reasonable accommodation for a disabled person or group as defined by the Fair Housing Amendment Act. d. The Building and Standards Commission has the authority to make a determination as to whether an alternative construction material or construction method equally meets the applicable code's standards, especially considering the alternative's adequacy, stability, strength, sanitation, and safety for the public's health and welfare. Any request to use an alternative construction material or construction method may be approved by the commission if and only if the commission determines that the alternative construction material or construction method equally meets the applicable codes and standards especially considering the alternative's adequacy, stability, strength, sanitation and safety for the public's health and welfare. Fagade materials are exempt from this section. e. The Building and Standards Commission has the authority to reverse a decision of the fire chief, fire marshal or the building official only by concurring vote of at least four commission members. £ The Building and Standards Commission also has the following responsibilities: i. to, evaluate proposed amendments to the fire and building codes, and make recommendations to the City Council regarding such amendments; ii. to hear from any person requesting a change to the fire and building codes as adopted by the city; to act as an advisor to the Fire Chief, Building Official; and iv. to manage any additional duties, powers, and responsibilities assigned by the City Council in compliance with the City Charter and laws of the State of Texas. End of Article 3 Associated UDC Sections with Amendments Sec. 21.4.16.C.3 3. Appeals. Any person or persons aggrieved by any decision of the City Manager or his/her designee, or any taxpayer or any officer, department, or board of the City may appeal the decision of the City Manager or his/her designee to the Building and Standards Commission. Sec. 21.8.4.B.10 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 Planning and Zoning Commission within thirty (30) days after the Code Enforcement Officer's written determination. Sec. 21.8.4.C.3.0 c. The decision of the City Manager or his/her designee may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14. Sec. 21.8.4.C.3D d. The Planning and Zoning Commission will be the final judgment on appeals which must be submitted to the Planning and Zoning Commission within thirty (30) days after disapproval by the City Manager or his /her designee. 21.8.4.C.3.E.i i. Signed statement. One type of supporting evidence that may be submitted to the Planning and Zoning Commission 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" 21.9.9.C.1 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 Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. 21.9.9.C.2 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 Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. 21.9.12.F 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 Planning and Zoning Commission in accordance with the provisions of this UDC. 21.11.3.G G. Liability. The City Manager or his/her designee, members of the Planning and Zoning Commission, 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 defended by a legal representative of the City until the final termination of the proceedings. 21.11.4.J J. Appeal. An individual who has been denied a permit of had a permit revoked may appeal in writing along with the established filing fee to the Planning and Zoning Commission within ten (10) days after the date of denial or revocation. 21.11.7.I 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 Planning and Zoning Commission 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. 21.11.22.D.3.c c. The licensee may appeal a suspension decision to the Building and Standards Commission by filing a written request within ten (10) days after receiving notice of the suspension. The Building and Standards Commission shall hold a hearing to determine whether the suspension decision should be sustained or reversed. 21.11.22.D.3d 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 Building and Standards Commission. The Building and Standards Commission shall then hold a hearing to consider cancellation of the license. 21.11.22.D.4 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 Building and Standards Commission within ten (t 0) days. 21.14.3.D 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 waiver may be granted by the Planning and Zoning Commission 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. 21.14.3.E E. Building Setback Line. A minimum fifty foot (50') building setback shall be required adjacent to all rights -of -way. A waiver may be granted by the Planning and Zoning Commission 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. 21.14.5.0 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 Planning and Zoning Commission.