2000S02-SPECIAL DISTRICTSORDINANCE NO
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE
UNIFIED DEVELOPMENT CODE, ORDINANCE
NO. 96-S-28, CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING ARTICLE VII,
SPECIAL DISTRICTS, SECTION 2, ROY
RICHARD DRIVE/FM3009 OVERLAY
DISTRICT AND SECTION 3, SCHERTZ
PARKWAY DISTRICT; AND PROVIDING A
REPEALING CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ
SECTION 1
THAT ARTICLE VII, SPECIAL DISTRICTS, SECTION 2, ROY RICH.
3009, Section 2.7, be amended as follows:
ARTICLE Vll, SECTION 2. 7-H,
VII 2.7
"H. Temporary Development/Bandit signs on FM
(a) No person may place a sign in the right-of
highway in the City unless authorized um
conditions.
(b) Twelve bandit signs are permitted to be plac,
way of FM 3009 with the approval of the Pi
Commission and provided that the follow
time, place, and manner are observed and apl:
been paid.
(1) Schedule: Bandit signs are permitted from
until the following Monday 10:00 a.m.. If a feC
holiday falls on a Friday, then signs are pe
preceding Thursday until the following Mon&
TEXAS.
aaRD DRIVE/FM
3009
way of a road or
ter the following
~d in the right-of-
.am-ting & Zoning
ing regulation of
,ropriate fees have
Friday 3'00 p.m.
[erally recognized
rmitted from the
ry. If a federally
recognized holiday falls on a Monday, then sig~
from Friday until the following Tuesday.
(2) Size: Signs shall not exceed twenty-four (24")
two (32") inches in size. Irregular shaped signs sh~
32" rectangle. The total height of the sign may
feet above the ground measured from the base o
may be two-dimensional only and shall have
surface.
(3) Spacing between-signs'
ae
A minimum of 5' must be maintained bet~
sign of differem builders.
bo
The signs of each builder must be space{
signs_advertise the same subdivision.
(4) Sign Location:
a,
Signs must be self supporting and placed i~
a single stake. No temporary weekem
permitted on a utility pole, street light
fence, tree or other manmade or natural fe~
be
No sign may be placed closer than twet
from a street intersection or median
temporary weekend sign determined to be
causes an immediate hazard to public
immediately removed by the City.
Ce
Signs shall be placed no closer than three
edge of the sign to the street curb, or, if th{
edge of pavement. Signs shall not encro:
sidewalks or streets.
(5) Registration, permits and fees:
An annual permit fee of $50.00 must
builder. In addition, a $1.00 per sign fee x~
decals to designate the specific area authc
signs. Builder shall be limited to 1'
approved. No sign may be used without a
(6) Map, listing.
~s are permitted
inches by thirty-
11 fit in a 24" by
~ot exceed three
t' the sign. Signs
a non-reflective
Yeen each bandit.
so that no two
~to the ground by
t sign shall be
pole, sign pole,
tture.
tty-five (25) feet
opening. Any
at a location that
safety may be
(3) feet fro m the
,,re is no curb, the
ach on either the
be paid by each
,ill be charged for
,rized to place the
~, signs per area
decal affixed.
In addition to payment of the appropriate
shall provide a map and listing identifyin
block number where each sign shall be
name of person responsible for such signs.
(c) Confiscation, Notice and Public Auction
(1) Any sign placed in violation of the provisions
hereby declared a nuisance to the public he
welfare and may be confiscated.
(2) If the owner of a confiscated sign is known, lq
notified by certified mail, return receipt req
than the 10th day after the date of the confiscati
(3) A notice must:
include a description of the sign and the loc~
the sign was confiscated;
b~
include a statement that the owner may reclai~
the 10th day after the date the notice was maile
are imposed under this section are paid;
(d) Exemption from Notice Requirements
City Council hereby determines that an,
similar size as a temporary weekend sign
reclaimed if confiscated.
(e) Placement of Unauthorized Sign' Criminal offe
Penalty
This subsection may be enforced by the departn
Inspections, Police, or other departmems design
Manager against any violator of any provision ot
is not a holder of a valid annual temporary sign pe
(1
) A person commits an offense if the person pl
right-of-way of a road or highway maintaim
violation of this Section.
(2) An offense under this section is punishable as
a.
first offense by a fine of not less t
dollars and not more than five hundre~
fees the builder
g the street and
placed with the
of this section is
.~alth, safety and
.e or she shall be
uested, not later
.on.
~tion from which
n the sign before
d, if all fmcs that
sign that is of
is unlikely to be
nse,
~ents of Building
ated by the City
this section who
rmit.
aces a sign in the
~d by the City in
follows:
han one hundred
dollars;
b,
(f) Defense
second offe~e or thereafter, by a fine
hundred dollars and not more than five
of not less two
hundred dollars.
~ose against any
provision of this
bo
second violation: revoke permit and re
double fee for a new permit; said pe
issued until one year has passed fi
revocation.
(2) If the Building Official determines an allegatio
accused may appeal to Planning & Zoning Co~
ao
The request for appeal must be submitte~
Secretary, by registered mail, return r
within 10 days of receipt of the Bt
determination.
be
The Planning Secretary shall place the a
available regularly scheduled meeting o
Zoning Commission. The Secretary shall
the report, the response, and any exhibit~,
of the Planning & Zoning Commission.
quire payment of
rmit shall not be
,otn the date of
n to be true, the
amission.
t to the Planning
eceipt requested,
tilding Official's
9peal on the first
'the Planning &
forward copies of
to each member
(1) It is a defense to prosecution under this Sectiot that;
a. The sign is placed in the right-of-w~ty of a road or
highway maintained by the C ky by a l;~erson other than
the defendant, and
b. without the knowledge of the defendant'
(g) Administrative Penalties
The Building Official shall apply the administrative procedures
prescribed in this subsection, rather than bring {:riminal charges,
where the alleged violation of any provision of 1.his section is by
the holder of a valid annual temporary sign permit
(1) The penalty the Building Official shall im
permit holder who has been found to violate a
section shall be as follows:
a. first violation: a written waming shall 1)e given
Ce
The Building Official's determination sh
motion to reverse the decision is mac
receive a majorky vote of the Plm
Con~anissioners present at the hearing.
de
After hearing the appeal, Planning & 2
action for thirty days. If the Conmfission
before the expiration of 30 days after tin
the decision of the Building Official shall
(g) Section Not Applicable to Federal, State or Lo,
This section is not applicable to any sign placed_i
of the City by, or at the direction of the fede:
government.
(h) Permission of Abutting Property Owners Nece
Nothh~g in this section authorizes the place
contrary to existing property law-. The builde~
necessary permission of any and all parties h
interest in the right-of-way prior to placing
weekend sign."
SECTION II
THAT ARTICLE VII, SPECIAL DISTRICTS, SECTION 3, SCHER
DISTRICT, SECTION 3, Section 3.12-J, be amended as follows:
ARTICLE VII, SECTION 3.12-J
VII 3.12
"J. Temporary Development/Bandit signs on Sche
(a) No person may place a sign in the right-o'.
highway in the City unless authorized ur
conditions.
(b) Twelve bandit signs are permitted to be p
of-way of Schertz Parkway with the
Planning & Zoning Commission and 1
following regulation of time, place,
observed and appropriate fees have been [
all stand unless a
lc, seconded and
ming & Zoning
;oning may defer
?ails to take action
: appeal is heard,
stand.
:al Governments
n the right-of-~vay
~'al, state or local
ssary
ment of signage
must secure all
aving a property
any temporary
FZ PARKWAY
rtz Parkway
~-way of a road or
tder the following
laced in the right-
approval of the
>rovided that the
and manner are
~aid.
(1) Schedule: Bandit signs are permitted from
until the following Monday 10'00 a.m.. If a rede
holiday falls on a Friday, then signs are pen
preceding Thursday until the following Mondw,
recognized holiday falls on a Monday, then sig]
from Friday until the following Tuesday.
(2) Size- Signs shall not exceed twenty-four (24") inc]
(32") inches in size. Irregular shaped signs shall
rectangle. The total height of the sign may not
above the ground measured from the base of the
be two-dimensional only and shall have a non-refl~
(3) Spacing between-signs:
a~
A minimum of 5' must be maintaim
bandit sign of different advertisers.
bo
The signs of each builder must be spac
signs_advertise the same subdivision.
(4) Sign Location'
ao
Signs must be self supporting and
ground by a single stake. No tempor~
shall be permitted on a utility pole,
sign pole, fence, tree or other man
feature.
bo
No sign may be placed closer than twe
from a street intersection or media
temporary weekend sign determined t~
that causes an immediate hazard to 1:
be immediately removed by the City.
Ce
Signs shall be placed no closer than tt
the edge of the sign to the street curb,
curb, the edge of pavement. Signs shal
either the sidewalks or streets.
(5) Registration, permits and fees:
An annual permit fee of $50.00 must
builder. In addition, a $1.00 per sign fe
for decals to designate the specific a
~riday 3:00 p.m.
~rally recognized
nitted from the
~. If a federally
.~s are permitted
.~es by thirty-two
t in a 24" by 32"
.~xceed three feet
sign. Signs may
,,ctive surface.
.d between each
,'d so that no two
placed into the
ry weekend sign
street light pole,
made or natural
.nty-five (25) feet
opening. Any
be at a location
,ublic safety may
tree (3) feet fro m
or, if there is no
1 not encroach on
be paid by each
,,e will be charged
rea authorized to
place the signs. Sign shall be limited
area approved. No signs may be used w
decal.
(6) Map, listing:
In addition to payment of the appr.
builder shall provide a map and listin~
street and block number where eac
placed with the name of person resp,
signs.
(c) Confiscation, Notice and Public Auction
(1) Any sign placed in violation of the p
section is hereby declared a nuisanc
health, safety and welfare and may be c
(2) If the owner of a confiscated sign is k
shall be notified by certified mail
requested, not later than the 10th day
the confiscation.
(3) A notice must:
a. include a description of the sign
from which the sign was confiscate
b. include a statement that the owner
sign before the 10th day after the dz
mailed, if all fines that are im[
section are paid;
(d) Exemption from Notice Requirements
City Council hereby determines that an,
similar size as a temporary weekend sigr~
reclaimed if confiscated.
(e) Placement of Unauthorized Sign' Crimi~
Penalty
This subsection may be enforced by th~
Building Inspections, Police, or otl
designated by the City Manager against m
to 12 signs per
ithout an affixed
>priate fees the
identifying the
sign shall be
)nsible for such
rovisions of this
'~e to the public
onfiscated.
no wn, he or she
return receipt
after the date of
and the location
d;
may reclaim the
rte the notice was
,osed under this
sign that is of
is unlikely to be
aal offense,
.~ departmems of
~er departments
~y violator of any
provision of this section who is not a h,
annual temporary sign permit.
(1) A person commits an offense if the per:
in the right-of-way of a road or highw~
the City in violation of this Section.
(2) An offense under this section is punish~
ae
first offense by a fine of not less t
dollars and not more than five hund
b. second offense or thereafter, by a
two hundred dollars and not more t
dollars.
(f) Defense
(1) It is a defense to prosecution under this
ae
The sign is placed in the right-
or highway maintained by the
other than the defendant, and
b.
without the knowledge of the d~
(g) Administrative Penalties
The Building Official shall apply th
procedures prescribed in this subsection,
criminal charges, where the alleged
provision of this section is by the holder
temporary sign permit.
(1) The penaky the Building Official sha
any permit holder who has been fo
provision of this section shall be as fol
ae
first violation: a written wamin
b.
second violation: revoke pe~
payment of double fee new pe
shall not be issued until one
from the date of revocation.
>lder of a valid
~on places a sign
ty maintained by
tble as follows:
ban one hundred
red dollars;
fine of not less
han five hundred
Section that;
of-way of a road
City by a person
~fendant.
~ administrative
rather than bring
,iolation of any
of a valid annual
11 impose against
und to violate a
lows-
g shall be given
'mit and require
,.mit; said permit
year has passed
(2) If the Building Official determines an
true, the accused may appeal to Plax
Co~mnission.
ae
The request for appeal must be
Planning Secretary, by registe
receipt requested, within 10 de
the Building Official's determin
be
The Planning Secretary shall pl~
the first available regularly sc
of the Planning & Zoning C
Secretary shall forward copies
response, and any exhibits to
the Planning & Zoning Commh
Ce
The Building Official's det{
stand unless a motion to revers
made, seconded and receive a
the Planning & Zoning Comm
at the hearing.
d~
Atier hearing the appeal, Pla:
may defer action for thirt'
Commission fails to take a
expiration of 30 days after the
the decision of the Building Of~
(h) Section Not Applicable to Federal,
Governments
This section is not applicable to any
right-of-way of the City by, or at th
federal, state or local government.
(i) Permission of Abutting Property O'
Nothing in this section authorizes
signage contrary to existing propert5
must secure all necessary permissio
parties having a property interest in
prior to placing any temporary weeke
allegation to be
ming & Zoning
submitted to the
red mail, return
tys of receipt of
.ation.
tce the appeal on
heduled meeting
ommission. The
~f the report, the
.~ach member of
;sion.
~rmination shall
e the decision is
majority vote of
issioners present
aning & Zoning
days. If the
:tion before the
appeal is heard,
]cial shall stand.
State or Local
.gn placed_in the
- direction of the
~ners Necessary
:he placemem of
law. The builder
n of any and all
the right-of-way
nd sign."
Section III
That all ordinances or parts of ordinances in conflict with this ord
repealed.
Approved on first reading ,:~/o,~dayof ~tt.~*~, 19 ~7~.
PASSED, APPROVED and Adopted, this the ~ day of ~
Mayor, Citytof Sch
ATTEST'
City Secretary, City o f Schertz, Texas
inance are hereby
2000.
ertz, Texas
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
COUNTY OF GUADALUPE
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DATE
PERSONALLY APPEARED L.A. REYNOLDS
KNOWN TO ME, WHO, BEING BY ME DULY SWORN, ON HIS
OATH DEPOSES AND SAYS THAT HE IS THE PUBLISHER
OF THE GAZETTE-ENTERPRISE, A NEWSPAPER
PUBLISHED IN SAID COUNTY; THAT A COPY OF THE
WITHIN AND FOREGOING AD WAS PUBLISHED IN SAID
NEWSPAPER 2 TIMES BEFORE THE RETURN DAY
NAMED THEREIN SUCH PUBLICATIONS ON THE FOLLOWING
DATES:
JANUARY 7, 2000
JANUARY 13, 2000
A Y OF WHICH IS HERETO ATTACHED
SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF
JANUARY A.D., 2000
NOTARY PUBLIC, GUADLUPE COUNTY, TEXAS
AN ORDINANCE
By the City Council of
City of Schertz, Texas pr~-
riding that the Unified
velopment Code, Ordinandfe
No. 96-S-28, City (~f
Schertz, Texas be amende~d
by revising Article VII, Sp(~-
cial Districts, Section 2, Ro{y
Richard Drive/FM 300~
Oveday District and DS~s~trii
3, Schertz Parkway
and providing a repealin!
clause.
Approved on first reading th~
21st day of Decembe~
1999.
Norma Althouse,
City Secretary
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
COUNTY OF GUADALUPE
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DATE
PERSONALLY APPEARED L.A. REYNOLDS
KNOWN TO ME, WHO, BEING BY ME DULY SWORN, ON HIS
OATH DEPOSES AND SAYS THAT HE IS THE PUBLISHER
OF THE GAZETTE-ENTERPRISE, A NEWSPAPER
PUBLISHED IN SAID COUNTY; THAT A COPY OF THE
WITHIN AND FOREGOING AD WAS PUBLISHED IN SAID
NEWSPAPER 1 TIMES BEFORE THE RETURN DAY
NAMED THERE1N SUCH PUBLICATIONS ON THE FOLLOWING
DATES:
JANUARY 7, 2000
AND A NEWSPAPER C~OPY OF WHICH IS HERETO ATTACHED
SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF
JANUARY A.D., 2000
NOTARY PUBLIC, GUADLUPE COUNTY, TEXAS
ORDINANCE NO. 00-S-2
By the City Council of th -
City of Schert~. Texas
viding that the Unified
veiopment Code, Ordinan(~
No. 96-S-28, City ~f
Schertz, Texas be amend~l
by revising Article VII, Sp~
cial Districts, Section 2, R~by
Richard Drive/FM 30.(p9
Oveday District and Secti.~.
3, Schertz Parkwa
and providing a Yre
clause.
Passed, approved
adopted'the 4th day of Jar
ary, 2000.
Norma Althouse,
City Secretary