03-05-2024 Agenda Packet
MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
March 5, 2024
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
AGENDA
TUESDAY, MARCH 5, 2024 at 6:00 p.m.
Call to Order
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Davis)
Proclamations
Procurement Month-March 2024
Girl Scouts of Southwest Texas Centennial Celebration Day - March 11, 2024
Employee Introductions
Animal Services: Kennel Technician - Ashley Griego
City Secretary: Records Management Coordinator - Michael McMurray
EMS: EMTs Brent Metzger, Noah Kleinman, Christopher Lambert, and Brooklyn Youngblood;
EMS Billing Specialist - Brooke Bush
Library: Library Assistant - Michael Lazcano
Police: Reserve Officer - Ryan McCosh; Police Cadets Frank Rosas and Richard Hernandez
Public Works: Street Maintenance Worker I - Rosalio Ruiz; Water/Wastewater Worker I -
Angel Alonzo; Drainage Worker I's Derek Jones and Robert Shawn
City Events and Announcements
March 5, 2024 City Council Agenda Page 1
City Events and Announcements
Announcements of upcoming City Events (B. James/S. Gonzalez)
Announcements and recognitions by the City Manager (S. Williams)
Announcements and recognitions by the Mayor (R. Gutierrez)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council
may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Consent Agenda Items
The Consent Agenda is considered self-explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the Consent
Agenda upon the request of the Mayor or a Councilmember.
1.Minutes - Consideration and/or action regarding the approval of the regular meeting
minutes of February 20, 2024. (S.Edmondson/S.Courney)
2.Resolution 24-R-25 - Authorizing expenditures with Silsbee Ford for the purchase of two
police vehicles as part of the 2023-2024 Vehicle/Equipment Replacement/Acquisition
program. (B.James/D.Hardin-Trussell/C.Hernandez)
3.Resolution 24-R-27 - Authorizing expenditures not to exceed $310,000.00 with Farrwest
Specialty Vehicles for the purchase and installation of emergency equipment for patrol
fleet vehicles. (S.Williams/J.Lowery/M.Casas/D.LaCour)
4.Resolution 24-R-28 - Authorizing the City Manager to execute the application for
Assistance to Firefighters Grant for Vehicle Exhaust Extraction Systems
(S.Williams/G.Rodgers).
Discussion and Action Items
March 5, 2024 City Council Agenda Page 2
Discussion and Action Items
5.Resolution 24-R-29 - Approving Fire Station 4 Construction Manager at Risk
(S.Williams/G.Rodgers)
Public Hearings
6.Ordinance 24-S-04 - Conduct a public hearing and consider amendments to Part III of the
Schertz Code of Ordinances, Unified Development Code (UDC) to Article 16 - Definitions.
First Reading (B.James/L.Wood/S.Haas)
7.Ordinance 24-S-05 – Conduct a public hearing and consider a request to rezone
approximately 26.11 acres of land from Single-Family Residential / Agricultural District
(R-A) to General Business District (GB), a portion of 11209 E FM 1518 generally located
600ft northwest of the intersection of Lisa Meadows and FM 1518, City of Schertz Bexar
County, Texas, also known as Bexar County Property Identification Number 308363. First
Reading. (B.James/L.Wood/S.Haas).
Workshop
8.Schertz PD TCOLE 2023 Racial Profiling Report (S.Williams/J.Lowery)
Closed Session
9.The City Council will meet in closed session under Section 551.074 of the Texas
Government Code, Personnel Matters, to conduct the annual evaluation of the City
Manager, Mr. Steve Williams.
Reconvene into Regular Session
10.Take any action based on discussion held in Closed Session under Agenda Item #9.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Requests and Announcements
Requests by Mayor and Councilmembers for updates or information from Staff
Requests by Mayor and Councilmembers that items or presentations be placed on a future City
Council agenda
City and Community Events attended and to be attended (Council)
March 5, 2024 City Council Agenda Page 3
Adjournment
CERTIFICATION
I, SHEREE COURNEY, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY
THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS
THE 29TH DAY OF FEBRUARY 2024 AT 5:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC
AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS
GOVERNMENT CODE.
SHEREE COURNEY
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY
COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON ________DAY OF
___________________, 2024.
TITLE: _______________________________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.
If you require special assistance or have a request for sign interpretative services or other services, please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course
of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence
of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government
Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items
discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a
court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to
this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and
the meeting is conducted by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Gutierrez
MemberAudit Committee
Investment Advisory Committee
Main Street Committee
Liaison
Board of Adjustments
Senior Center Advisory Board - Alternate
Councilmember Davis– Place 1
Member
Interview Committee
Main Street, Chair
TIRZ II Board
Liaison
Parks and Recreation Advisory Board
Schertz Housing Authority
Transportation Safety Advisory Board
Councilmember Watson-Place 2
Member
Audit Committee
Interview Committee-Alternate
Liaison
Library Advisory Board
Senior Center Advisory Board
Cibolo Valley Local Government Corporation-Alternate
Councilmember Macaluso – Place 3
Member
Member
Interview Committee
Animal Advisory Board-Alternate
Hal Baldwin Scholarship Committee-Alternate
Liaison
TIRZ II Board
Councilmember Gibson – Place 4
Member
Interview Committee
Hal Baldwin Scholarship Committee
Liaison
Investment Advisory Committee
Schertz Historical Preservation Society
Councilmember Westbrook – Place 5
Liaison
Schertz-Seguin Local Government Corporation (SSLGC) - Liaison
Cibolo Valley Local Government Corporation (CVLGC) – Alternate
Planning and Zoning Commission
Schertz Historical Preservation Society
March 5, 2024 City Council Agenda Page 4
Councilmember Heyward – Place 6
Member
Animal Advisory Board
Audit Committee
Interview Committee - Chair
Investment Advisory Committee
Main Street Committee
Liaison
Economic Development Corporation – Alternate
Senior Center Advisory Board
Building and Standards Commission
Councilmember Brown – Place 7
Member
Main Street Committee
Schertz-Seguin Local Government Corporation (SSLGC)
Liaison
Economic Development Corporation
March 5, 2024 City Council Agenda Page 5
Agenda No.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 5, 2024
Department:City Secretary
Subject:Proclamations
Procurement Month-March 2024
Girl Scouts of Southwest Texas Centennial Celebration Day -
March 11, 2024
Attachments
Procurement Month 2024
Girl Scout Centennial 2024
National Procurement Month-March 2024
WHEREAS, professional public procurement is crucial for the efficient and effective operation of all
governments across the great State of Texas including the City of Schertz; and
WHEREAS, public procurement requires specific knowledge and skills, and the City of Schertz
Purchasing Department has a dedicated staff of procurement professionals with more 30 years combined
experience; and
WHEREAS, these procurement professionals dedicate themselves to providing the best value for every
taxpayer dollar by providing high-caliber strategic, logistical, and operational support for the City and
dedicating themselves to expanding their knowledge, skills, and abilities for the public good; and
WHEREAS, in addition to the purchase of goods and services, public procurement adds value to the
organization by performing such functions as executing, implementing, and administering contracts,
developing strategic procurement strategies, cultivating working relationships with suppliers and other
departments within the organization, and providing Safety and Risk Management Support to City Staff;
and
WHEREAS, public procurement has tremendous influence on the economic conditions in the City of
Schertz, the State of Texas, and indeed across the United States, with cumulative purchasing power
running into the billions of dollars; and
WHEREAS, the National Institute of Governmental Purchasing (NIGP) has designated the month of
March as "Procurement Month" to further expand the awareness of the purchasing professional's role to
governmental officials, the general public, business, and corporate leaders; and
NOW, THEREFORE I, RALPH GUTIERREZ, MAYOR OF SCHERTZ, TEXAS, do hereby
recognize March 2024 as Procurement Month. I encourage all residents of the City of Schertz to
recognize and honor the dedication and hard work that the City of Schertz Purchasing Department
provides on a daily basis.
IN TESTIMONY WHEREOF, I have
signed my name officially and caused the
Seal of The City of Schertz to be affixed
at Schertz on this the 5th day of March
2024.
____________________________________
Ralph Gutierrez, Mayor
Girl Scouts of Southwest Texas Centennial-March 11, 2024
WHEREAS, Girl Scouts of Southwest Texas celebrates its centennial on Monday, March 11,
2024, marking a century of building girls of courage, confidence, and character; and
WHEREAS, Girl Scouts of Southwest Texas has a rich history built by generations of bold
women and girls who took the lead and passed on their knowledge and skills to other
generations;
WHEREAS, today’s Girl Scouts stand on their shoulders, using their voices and actions more
than ever to make a difference, at home and abroad. Girl Scouts create the world they want to
live in and strive to make it better every single day; and
WHEREAS, Girl Scouts of Southwest Texas provides a space for these girls to dream big, be
themselves, and find adventure, and they have made a difference in our community for many
years; and
WHEREAS, every girl deserves the opportunity to thrive, and through its programming, Girl
Scouts of Southwest Texas works to ensure girls in our communities know they can do anything
their put their minds to doing and encourages them to feel empowered and embrace their unique
strengths; and
WHEREAS, our city is better because of Girl Scouts of Southwest Texas.
NOW, THEREFORE, I, Ralph Gutierrez, Mayor do hereby proclaim March 11, 2024, to be
“Girl Scouts of Southwest Texas Centennial Celebration Day”
in the City of Schertz, Texas, and extend sincere appreciation to our local Girl Scouts for their
efforts to make this community a better place, uphold the Girl Scout Promise
and try to help people at all times.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City
of Schertz, Texas, to be affixed this 5th day
of March 2024.
__________________________________
Ralph Gutierrez, Mayor
Agenda No. 1.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 5, 2024
Department:City Secretary
Subject:Minutes - Consideration and/or action regarding the approval of the regular
meeting minutes of February 20, 2024. (S.Edmondson/S.Courney)
Attachments
02-20-2024 Draft minutes
D R A F T
MINUTES
REGULAR MEETING
February 20, 2024
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 20, 2024, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400
Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Present:Mayor Ralph Gutierrez; Mayor Pro-Tem Paul Macaluso; Councilmember Mark
Davis; Councilmember Michelle Watson; Councilmember Robert Westbrook;
Councilmember Allison Heyward; Councilmember Tim Brown
Absent:Councilmember Tiffany Gibson
Staff
present:
City Manager Steve Williams; City Attorney Daniel Santee; Deputy City Manager
Brian James; Assistant City Manager Sarah Gonzalez; City Secretary Sheila
Edmondson; Deputy City Secretary Sheree Courney
Call to Order
Mayor Gutierrez called the meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Brown)
Mayor Gutierrez recognized Councilmember Brown who provided the opening prayer and led
the Pledges of Allegiance to the Flags of the United States and the State of Texas.
Presentations
Presentation of the Code Enforcement Association of Texas – The Wes Castolenia
Community Service Award to the City of Schertz Neighborhood Services.
(B.James/L.Wood)
Mayor Gutierrez recognized Neighborhood Services Manager Rebecca Vera who
explained that the Wes Castolenia Community Service Award received by the Schertz
Neighborhood Services Department recognizes collaborative community projects
which make a positive impact. Last year's event was held on February 25, 2023, in the
Cibolo Creek Watershed, where more than 100 community volunteers worked
alongside City Departments, including Neighborhood Services, Public Works, and
Parks and Recreation, and Community Partners, including Bexar County
Commissioner Precinct 4 Tommy Calvert's Office, Bexar County Environmental
Services, Bexar County Score Sheriff's Unit, Cibolo Creek Municipal Authority,
Republic Services, and the San Antonio River Authority, for two days to remove
31,000 pounds of trash, debris, and discarded materials.
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Proclamations
Engineers Week February 18-24, 2024
Mayor Gutierrez recognized Councilmember Heyward who presented the Engineers
Week February 18 - 24, 2024 Proclamation to Engineer John Nowak, Administrative
Assistant Tammy Lawrence, Engineering Inspector Sam Lopez, and Engineering
Inspector Bryan Timmons.
George Washington Day - February 22, 2024
Mayor Gutierrez recognized Mayor Pro-Tem Macaluso who presented the George
Washington Day - February 22, 2024 Proclamation to Mr. Ed Blauvelt, President of
the William Hightower Chapter of the Society of the Sons of the American Revolution.
Government Communicators Day - February 24, 2024
Mayor Gutierrez recognized Councilmember Westbrook who presented the
Government Communicators Day - February 24, 2024 Proclamation to Public Affairs
Director Linda Klepper, Communications Manager Devan Christensen, and Marketing
& Communications Specialist Jenna Kock.
National Employee Appreciation Day - March 1, 2024
Mayor Gutierrez presented the National Employee Appreciation Day - March 1, 2024
Proclamation to Human Resources and Purchasing Director Jessica Kurz who
accepted it on behalf of all City Staff.
City Events and Announcements
Announcements of upcoming City Events (B. James/S. Gonzalez)
Mayor Gutierrez recognized Assistant City Manager Sarah Gonzalez who provided the
following:
Standing announcements
Thursday, February 29 (meets weekly through May 2, 2024)
Citizens Police Academy
6:00 p.m. - 9:00 p.m.
Registration is currently open online at www.Schertz.com/cps. Applications are also
available at the Schertz Police Department. Deadline to apply is Friday, February 23,
2024.
New announcements
Friday, February 23 and Saturday, February 24
Read Before Bookstore Book Sale
Schertz Public Library
10:00 a.m. - 5:00 p.m.
Saturday, February 24
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Saturday, February 24
Selma/Schertz Salute to Service Members 5K
Race Day Packet pick-up and on-site registration
Blue Bonnet Place
6:45 a.m. - 8:00 a.m.
Give Where You Live "Clean the Creek" Event
Cutoff Park, 700 block of FM 1518
8:30 a.m. - 11:30 a.m.
Saturday, March 2
Kick Cancer Pep Rally & 5K Run
Pickrell Park
8:00 a.m. check-in; 9:00 a.m. start
More information can be found at www.schertz.com
Tuesday, March 5
Next Regular City Council Meeting
Council Chambers
6:00 p.m.
Announcements and recognitions by the City Manager (S. Williams)
Mayor Gutierrez recognized City Manager Steve Williams who provided the following:
City Staff Promotions:
William Lewis from Drainage Worker I to Water/Wastewater Worker I
Tommy Perez from Utility Billing Specialist to Senior Utility Billing Specialist
Congratulations and Kudos to:
Congratulations to the Schertz Public Library on being awarded the Texas Municipal
Library Directors Association 2023 Achievement of Excellence in Libraries Award.
With this honor, The Schertz Public Library is now in the top 15% of all public libraries
in the state.
Congratulations to Mercedes Gutierrez and Yolanda Valdez for obtaining their SHRM-CP
credentials. SHRM (Society for Human Resources Management) is the largest and
primary association for HR Professionals and their certification is recognized and valued
by employers in all industries as the premier human resources certification.
Kudos to Linda Klepper, Devan Christensen, and Jenna Kock of the Public Affairs
Department for their excellent work on the coordination and production of the 2024 State
of the Cities Video. And, a big thank you to the "stars" of the video, City Engineer Kathy
Woodlee, EDC Executive Director Scott Wayman, Parks and Recreation Director Lauren
Shrum, and Assistant City Manager Sarah Gonzalez.
Happening in the City
The San Antonio Stock Show and Rodeo Annual Trail Rider Lunch was held February
8th at Pickrell Park welcoming trailriders to Schertz on their weeklong ride to the rodeo.
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Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez thanked the staff for their "State of the Cities" presentation at The
Chamber luncheon on Tuesday, February 20, and encouraged residents to watch the
video. He also attended the Police Banquet and Awards and thanked our law
enforcement officers for their service to the residents of the City.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker’s register prior to the meeting. Presentations should be limited to no
more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual
member thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Mayor Pro-Tem Macaluso recognized the following resident:
Daniel Jameson, 1048 Richmond Dr., shared the sad news of the passing of his father, a
50-year resident of the City of Schertz. He thanked Schertz EMS paramedics for their timely
and compassionate response. Mr. Jameson provided the following details for
services: Visitation will be held at Colonial Funeral Home, 625 Kitty Hawk Rd., Universal
City, on March 6 at 5:00 p.m. Funeral Services will be on Thursday, March 7, at 11:00 a.m.
with interment at Ft. Sam Houston National Cemetery following.
Consent Agenda Items
The Consent Agenda is considered self-explanatory and will be enacted by the Council with
one motion. There will be no separate discussion of these items unless they are removed from
the Consent Agenda upon the request of the Mayor or a Councilmember.
1.Minutes - Consideration and/or action regarding the approval of the regular meeting
minutes of February 6, 2024. (S.Edmondson/S.Courney)
2.Appointment/Reappointment For
Boards/Commissions/Committees (S.Edmondson)
Resignation of Dr. Miguel Vazquez from the Schertz Historical Preservation
Committee
3.Resolution 24-R-20 - Authorizing the City Manager to issue a purchase order for the
purchase of a Fire Department vehicle as part of the 2023-2024 Vehicle/Equipment
Replacement/Acquisition program. (B.James/D. Hardin-Trussell/C.Hernandez)
4.Resolution 24-R-21 - Authorizing the City Manager to issue a purchase order for the
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4.Resolution 24-R-21 - Authorizing the City Manager to issue a purchase order for the
purchase of multiple Police Department Vehicles(s)as part of the 2024-2025
Vehicle/Equipment Replacement/Acquisition program.
(B.James/D.Hardin-Trussell/C.Hernandez)
5.Resolution 24-R-16 - Authorizing the application for the Guadalupe Valley Electric
Cooperative (GVEC) Power Up Grant (S.Williams/G.Rodgers)
6.Resolution 24-R-17 - Authorizing an application to the State Homeland Security
Grant Program (SHSP) (S.Williams/G.Rodgers)
7.Resolution 24-R-15 - Authorizing an application to the Lower Colorado River
Authority (LCRA) Community Development Partnership Program (CDPP) Grant.
(S.Williams/G.Rodgers)
8.Resolution 24-R-22 - Authorizing a Memo of Understanding between JBSA and the
Schertz PD for law enforcement response assistance and information sharing for The
Great Texas Airshow (USAF Thunderbirds). (S.Williams/J.Lowery)
9.Resolution 24-R-18 - Authorizing a grant application for Bullet-Resistant Shields to
be purchased to enhance law enforcement's all-hazard response capabilities.
(S.Williams/J.Lowery/K.Kallies)
10.Resolution 24-R-10 - Authorizing a Subdivision Improvement Agreement and
Roadway Impact Fee Credit Agreement with Embry. (S.Williams/B.James)
11.Resolution 24-R-14 - Authorizing a Pole Attachment License Agreement with
Guadalupe Valley Electric Cooperative, Inc. (GVEC). (S.Williams/B.James)
12.Resolution 24-R-13 - Authorizing a Memorandum of Understanding with the City of
Cibolo and the Cibolo Creek Municipal Authority regarding the Southern Plant
Wastewater Services and Funding Agreement. (S.Williams/B.James)
Mayor Gutierrez asked if any item needed to be removed from Consent for
discussion. No items were removed. Mayor asked Council for a motion to approve
Consent Agenda Items #1 - 12.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Michelle Watson
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Robert Westbrook,
Councilmember Allison Heyward, Councilmember Tim Brown
Other: Councilmember Tiffany Gibson (ABSENT)
Passed
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Discussion and Action Items
13.Resolution 24-R-12 - Authorizing the City Manager to submit an Energy Efficiency
and Conservation Block Grant application, and accept grant funds from the awarding
agency to improve the energy efficiency for low to moderate-income single-family
residents. (B.James/L.Wood/R.Vera/L.Locken)
Mayor Gutierrez recognized Neighborhood Services Specialist Lisa Locken who
presented information on the EECBG, Energy Efficiency and Conservation Block
Grant, a flexible funding opportunity through the Department of Energy (DOE) that
offers local governments funding to invest in a variety of clean energy and energy
efficiency projects. Schertz potential allocation of $76,400. If awarded, Neighborhood
Services would develop a 2-year program for eligible residents focusing on less energy
consumption. Additionally, they would facilitate the installation of approved efficient
electric appliances or highly rated insulation. Eligibilty would be determined using
AACOG guidelines.
Moved by Councilmember Michelle Watson, seconded by Councilmember Tim
Brown
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Robert Westbrook,
Councilmember Allison Heyward, Councilmember Tim Brown
Other: Councilmember Tiffany Gibson (ABSENT)
Passed
14.Ordinance 24-S-01 - Approving amendments to Part III of the Schertz Code of
Ordinances, Unified Development Code (UDC) to Article 5 - Zoning Districts, Article
9 - Site Design Standards, and Article 14 - Transportation. Final Reading
(B.James/L.Wood/S.Haas)
Mayor Gutierrez stated Ordinance 24-S-01 passed on the First Reading. Council
declined to hear the presentation again. Mayor Gutierrez asked for a motion to
approve Ordinance 24-S-01.
Moved by Councilmember Allison Heyward, seconded by Mayor Pro-Tem Paul
Macaluso
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Robert Westbrook,
Councilmember Allison Heyward, Councilmember Tim Brown
Other: Councilmember Tiffany Gibson (ABSENT)
Passed
15.Ordinance 24-S-02 - Approving a Specific Use Permit to allow Automobile Repairs
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15.Ordinance 24-S-02 - Approving a Specific Use Permit to allow Automobile Repairs
& Service, Major on approximately 1.5 acres of land, located 250 feet east of the
intersection of FM 3009 and Borgfeld Road, also known as Guadalupe County
Property Identification Number 129949, also known as 1205 Borgfeld Road, City of
Schertz, Guadalupe County, Texas. Final Reading (B.James/L.Wood/E.Delgado)
Mayor Gutierrez stated Ordinance 24-S-02 passed on the First Reading. Council
declined to hear the presentation again. Mayor Gutierrez asked for a motion to
approve Ordinance 24-S-02.
Moved by Councilmember Tim Brown, seconded by Councilmember Allison
Heyward
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Robert Westbrook,
Councilmember Allison Heyward, Councilmember Tim Brown
Other: Councilmember Tiffany Gibson (ABSENT)
Passed
16.Resolution 24-R-24 - Authorizing the Main Street Improvements Project.
(B.James/K.Woodlee/J.Nowak)
Mayor Gutierrez recognized Deputy City Manager Brian James who was joined by
Engineer John Nowak. They provided a brief recap of the project, followed by details
related to the engineering and landscape design concepts. City staff have met with the
Main Street Committee multiple times to gather input and develop the vision. 70% of
the plans were completed in 2023. Staff are coordinating with all impacted utilities to
relocate aerial to underground lines. They are working with Centerpoint to upgrade gas
lines. Upgrades will also be done to sewer and water lines. There is ongoing
coordination with TxDOT since some of the updates will occur on their property. The
revitalization plans include required infrastructure improvements at an estimated cost
of $12 million. The total projected costs for the Main Street Project are $24.4 million.
After brief discussion with Council, Mayor Gutierrez asked for a motion to approved
Resolution 24-R-24.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Michelle Watson
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Robert Westbrook,
Councilmember Allison Heyward, Councilmember Tim Brown
Other: Councilmember Tiffany Gibson (ABSENT)
Passed
17.Authorizing the Mayor to sign a resolution from the Northeast Partnership Mayors
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17.Authorizing the Mayor to sign a resolution from the Northeast Partnership Mayors
(NEP) expressing the concerns regarding the public health, safety, and welfare of
185,000 citizens living in the Northeast San Antonio Metrocom related to the
proposed expansion of the Heidelberg Sertex Rock Crushing Quarry.
(S.Williams/B.James)
Mayor Gutierrez recognized Deputy City Manager Brian James, who explained
Schertz was approached by the Mayor of Garden Ridge who asked members of
the Northeast Partnership (NEP) to sign a resolution opposing the expansion of
Heidelberg Sertex Rock Crushing Quarry. The Quarry was established in 1922 and
has expanded over time. It is located in the Schertz ETJ, in an area designated by the
City for industrial use. Heidelberg petitioned the City of Schertz in late January to
remove an approximately 47 acre tract from Schertz's ETJ which is permitted by the
recent change in state law and is something the City cannot prevent.
After a brief Council discussion, no motion was brought forward. Therefore, no action
could be taken by Mayor Gutierrez.
Public Hearings
18.Ordinance 24-H-03 - Conduct a public hearing and consider amendments to the
Code of Ordinances, Chapter 34 Health, Article I - General and Article II - Food
Establishments. First Reading (B.James/L.Wood/A.Cantu)
Mayor Gutierrez recognized Sanitarian Amanda Cantu who presented Ordinance
24-H-03 addressing Municipal Code Chapter 34 updates. Proposed changes will align
city ordinances with state law and provide language to define terminology.
Mayor Gutierrez opened the Public Hearing at 7:26 p.m.
No public came forward to speak.
Mayor Gutierrez closed the Public Hearing at 7:26 p.m. and opened the floor to
Council for discussion.
Councilmember Westbrook asked about the Mobile Food Unit Reciprocity Program.
Ms. Cantu explained how the program works and where vendors go to apply.
Mayor Gutierrez asked for a motion to approve Ordinance 24-H-03.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Michelle Watson
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Robert Westbrook,
Councilmember Allison Heyward, Councilmember Tim Brown
Other: Councilmember Tiffany Gibson (ABSENT)
Passed
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19.Resolution 24-R-07 - Conduct a public hearing and consider a resolution accepting a
petition for voluntary annexation of approximately 7-acres, a portion of Bexar County
Property Identification Number 339286, also known as 8215 Trainer Hale Road, City
of Schertz, Bexar County, Texas. (B.James/L.Wood/D.Marquez)
Mayor Gutierrez recognized Planner Daisy Marquez who provided the details
associated with the petition to voluntarily annex 7.7 acres to the City of Schertz. She
explained the subject property is behind Hallie's Cove subdivision. Approval of the
resolution does not annex the subject property, it allows for the City to annex the
property by ordinance in the future. The zoning application to accompany the
annexation is tentatively scheduled for the March 6, 2024, Planning and Zoning
Commission meeting. Annexation and zone change ordinances are tentatively
scheduled to be heard at the April 2, 2024, City Council meeting.
Mayor Gutierrez opened the Public Hearing at 7:40 p.m.
No public came forward to speak.
Mayor Gutierrez closed the Public Hearing at 7:40 p.m. and opened the floor to
Council for discussion.
No discussion occurred.
Moved by Councilmember Tim Brown, seconded by Councilmember Mark Davis
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Robert Westbrook,
Councilmember Allison Heyward, Councilmember Tim Brown
Other: Councilmember Tiffany Gibson (ABSENT)
Passed
Workshop
20.Schertz PD TCOLE 2023 Racial Profiling Report (S.Williams/J.Lowery)
The Schertz PD TCOLE 2023 Racial Profiling Report Workshop was moved to the
March 5, 2024, City Council meeting.
Mayor Gutierrez recessed to Closed Session at 7:42 p.m.
Closed Session
21.The City Council will meet in closed session under Section 551.074 of the Texas
Government Code, Personnel Matters, to discuss the process of the annual evaluation
of the City Manager, Mr. Steve Williams.
Mayor Gutierrez called Closed Session item #21 to order at 7:47 p.m.
9
Mayor Gutierrez recessed Closed Session item #21 at 8:22 p.m.
22.The City Council will meet in closed session under Section 551.074 of the Texas
Government Code, Personnel Matters, to discuss the process of the annual evaluation
of the City Secretary, Ms. Sheila Edmondson.
Mayor Gutierrez called Closed Session item #22 to order at 8:23 p.m.
Mayor Gutierrez recessed Closed Session item #23 at 8:24 p.m.
Reconvene into Regular Session
Mayor Gutierrez reconvened Regular Session at 8:30 p.m.
23.Take any action based on discussion held in Closed Session under Agenda Item #21.
No action was taken on Closed Session Item #21.
24.Take any action based on discussion held in Closed Session under Agenda Item #22.
No action was taken on Closed Session Item #22.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
25.Monthly Update - Major Projects In Progress/CIP (B.James/K.Woodlee)
26.Council Pay Adjustment (S.Gonzalez/J.Walters)
Requests and Announcements
Requests by Mayor and Councilmembers for updates or information from Staff
No requests by Mayor or Councilmembers for updates or information from Staff.
Requests by Mayor and Councilmembers that items or presentations be placed on a future
City Council agenda
No requests by Mayor or Councilmembers that items or presentations be placed on a
future City Council agenda.
City and Community Events attended and to be attended (Council)
Mayor Pro-Tem Macaluso attended The Chamber Casino Night and The Chamber
"State of the Cities" Luncheon.
Councilmember Westbrook attended the Frost Cowboy Breakfast and The Chamber
Casino Night.
Councilmember Heyward attended the PD Annual Awards, TML Training in
Austin, Park 35 Groundbreaking, and The Chamber "State of the Cities" Luncheon. She
stated she would not be at the March 5, 2024, meeting as she will be attending the
AGRIP Conference supporting TML Risk Pool Board in Nashville.
10
Councilmember Brown attended the Police Department Polar Plunge, and he offered
kudos to Team Schertz for winning the Special Olympics Fundraiser.
Mayor Gutierrez thanked everyone who attended the Park 35 Groundbreaking event.
He stated that it is an over $200 million project and a great addition to the Industrial Park.
Adjournment
Mayor Gutierrez adjourned the meeting at 8:33 p.m.
_______________________________
Ralph Gutierrez, Mayor
ATTEST:
____________________________________
Sheila Edmondson, City Secretary
11
Agenda No. 2.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 5, 2024
Department:Facility & Fleet
Subject:Resolution 24-R-25 - Authorizing expenditures with Silsbee Ford for the
purchase of two police vehicles as part of the 2023-2024 Vehicle/Equipment
Replacement/Acquisition program. (B.James/D.Hardin-Trussell/C.Hernandez)
BACKGROUND
The City Council previously approved the city’s vehicle replacement budget in the amount of
$2,006,900 for FY 2023-24. The Police Department has been approved for 14 replacement vehicles and
recently received 12 out of 14 vehicles.This resolution authorizes the purchase of the two additional
Police Department vehicles, 2024 Police Explorers, from Silsbee Ford via group purchasing
cooperatives. Each group purchasing cooperative contract was competitively bid by the awarding
entity. In addition to the that level of competition, City staff also obtained multiple contract quotes to
ensure the overall best value for the City was obtained.
GOAL
To authorize the City Manager to execute the purchase order for the purchase of the 2 Police
Department vehicles located at Silsbee Ford.
COMMUNITY BENEFIT
Having a current and operational fleet will provide all departments with the necessary vehicles and
equipment to perform their assigned duties within the City of Schertz and reduce the maintenance cost
of an aging fleet.
SUMMARY OF RECOMMENDED ACTION
Approval of this resolution will allow the purchase of two 2024 Police Explorers for $98,800.00 from
Silsbee Ford.
FISCAL IMPACT
The purchase of the vehicles and equipment will be funded through the city’s general fund. The fiscal
impact of this project will be approximately $98,800.00. These funds were approved in the FY
2023-2024 budget.
RECOMMENDATION
Approval of Resolution 24-R-25.
Attachments
Resolution 24-R-25 no attachments
RESOLUTION 24-R-25
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORI ZING EXPENDITURES ASSOICATED
WITH THE FY 2023-2024 VEHICLE/EQUIPMENT
REPLACEMENT/ ACQUISITION PROGRAM
WHEREAS, the Schertz Fleet Department has a need to purchase a Police
Department vehicle(s), as part of the Vehicle/Equipment Replacement/Acquisition Program; and
WHEREAS, the Schertz Fleet Department has done due diligence in researching what
vehicle best fits the needs of the departments, to obtain the best pricing/availability, and to
provide the best quality of vehicles/equipment; and
WHEREAS, the City of Schertz has chosen various Group Purchasing Cooperative
V enders, for the purchase the vehicles; and
WHEREAS, purchases under the cooperative programs meet the requirements under
Subchapter C, Chapter 791.025 of the Texas Government Code, which states that a local
government that purchases goods and services under this section satisfies the requirement of the
local government to seek competitive bids for the purchase of the goods and services; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
authorize the City Manager to issue Purchase Orders to the awarded vendors.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes expenditures with Silsbee Ford for
NINETY-EIGHT THOUSAND EIGHT-HUNDRED DOLLARS ($98,800.00) with an
amount not to exceed NINETY-EIGHT THOUSAND EIGHT-HUNDRED DOLLARS
($98,800.00) for the 2023-2024 Fiscal Year
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 Resolution for all purposes and are adopted as
a part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
Section 4. This Resolution 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 Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be
Agenda No. 3.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 5, 2024
Department:Police Department
Subject:
Resolution 24-R-27 - Authorizing expenditures not to exceed $310,000.00 with
Farrwest Specialty Vehicles for the purchase and installation of emergency
equipment for patrol fleet vehicles. (S.Williams/J.Lowery/M.Casas/D.LaCour)
BACKGROUND
The Police Department is purchasing and installing emergency equipment for newly purchased fleet
vehicles. The equipment purchased and installed includes emergency vehicle lighting, audio warning
devices, prisoner partitions, consoles, optic cameras, rear vehicle storage, and other emergency vehicle
equipment. When combined, the total cost of all individual pieces of equipment, labor, and additional
future purchases for the 2023-2024 fiscal budget year will not exceed $310,000.00 with Farrwest
Specialty Vehicles. Farrwest is an approved vendor in accordance with the terms and conditions
outlined in the BuyBoard Contract #703-23-718-23 & HGAC #EP11- 20.
This purchase will allow for the outfitting of 14 Police Department vehicles.
GOAL
To allow the purchase and installation of emergency vehicle equipment into new Police Department
fleet vehicles.
COMMUNITY BENEFIT
Through Farrwest Specialty Vehicles, the emergency vehicle equipment and installation services allow
the Police Department to outfit and put into service needed Police fleet vehicles.
SUMMARY OF RECOMMENDED ACTION
Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas,
to approve a request for expenditures not exceeding $310,000.00 with Farrwest Specialty Vehicles for
the purchase and installation of emergency equipment for Police Department fleet vehicles.
FISCAL IMPACT
Funding is available within the Schertz Police Department's approved 2023-2024 annual budget.
RECOMMENDATION
Approve Resolution 24-R-27.
Attachments
Farrwest Estimate #2270
Resolution 24-R-27
RESOLUTION NO. 24-R-27
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EXPENDITURES WITH FARRWESTSPECIALTY VEHICLES
FOR THE PURCHASE AND INSTALLATION OF EMERGENCY VEHICLE
EQUIPMENT NOT TO EXCEED THREE HUNDRED TEN THOUSAND DOLLARS
DURING THE 2023-2024 FISCAL YEAR.
WHEREAS, the Schertz Police Department is purchasing and installing emergency
vehicle equipment for newly purchased patrol vehicles; and
WHEREAS, the City has determined that Farrwest, a cooperative vendor, provides the
best-value to the City for essential emergency vehicle equipment; and
WHEREAS, the Schertz Police Department has chosen Farrwest, a BuyBoard National
Purchasing Cooperative vendor, for the purchase and install of this equipment; and
WHEREAS, the BuyBoard National Purchasing Cooperative is a national online
purchasing cooperative formed between the National School Boards Association and several state
school boards associations, developed to comply with state laws which require government entities
to make purchases through a competitive procurement process: and
WHEREAS, BuyBoard gives public entities the advantage of leveraging the cooperative’s
ability to obtain bulk discounts, combined with the ease of online, web-based shopping and
ordering; and
WHEREAS, purchases under the cooperative programs meet the requirements under the
Texas Local Government Purchasing Code rule for cooperative purchases as adopted by the City
of Schertz Resolution 11-R-41 on August 30, 2011 amending the City’s purchasing policy; and
WHEREAS, the City of Schertz will fund the purchase of Farrwest patrol vehicle
equipment and install through the approved 2023-2024 annual police department budget.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the expenditures with Farrwest Specialty
Vehicles not to exceed $310,000.00 for Fiscal Year 2023-2024.
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 Resolution for all purposes and are adopted as
a part of the judgment and findings of the City Council.
Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
Section 4. This Resolution 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 Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution 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
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
Section 7. This Resolution shall be in force and effect from and after its final passage, and
it is so resolved.
PASSED AND ADOPTED, this ____ day of __________ 2024.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
Agenda No. 4.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 5, 2024
Department:Fire Department
Subject:Resolution 24-R-28 - Authorizing the City Manager to execute the application
for Assistance to Firefighters Grant for Vehicle Exhaust Extraction Systems
(S.Williams/G.Rodgers).
BACKGROUND
The primary goal of the Assistance to Firefighters Grant (AFG) is to meet and improve the safety and
cancer prevention efforts related to firefighting safety and emergency response needs of fire
departments and non-affiliated emergency medical service organizations. Since 2001, the Assistance to
Firefighters Grant has helped firefighters and other first responders to obtain critically needed
equipment, protective gear, emergency vehicles, training and other resources necessary for protecting
the public and emergency personnel from fire and related hazards.
The National Fire Protection Association (NFPA) published NFPA 1500: Standard on Fire Departments
Occupational Safety, Health, and Wellness Program, which indicates "the fire department shall prevent
exposure to firefighters and contamination of living and sleeping areas from exhaust emissions," making
the issue a top priority.
To counteract the transmission of these hazards, emergency response architects and engineers started
rethinking common practices and operating procedures for emergency services through improving
building layouts and designs. The floor plan, materials and building systems all have a significant effect
on mitigating cross-contamination and on providing protection from carcinogens. Our stations 3 and 4
have been or will be built with this in mind. Stations 1 and 2 were built as this standard was truly being
developed and does not include the protection measures needed to be within compliance of the National
Fire Protection Association (NFPA) standard 1500.
The National Institute for Occupational Safety and Health (NIOSH) indicates the dangers of
cancer-causing diesel fumes. There are several types of vehicle exhaust (VEX) removal systems, each
unique in its own way. As one would expect, each has pros and cons regarding the capture, treatment
and/or filtration of the exhaust. The three primary VEX system options are (in no particular order):
Hose-Based Direct Source Capture.
Vehicle-Mounted Direct Source Capture.
Building-Space Filtration.
Each fire station is unique and presents a different set of challenges. Station 3 is equipped with
building-space filtration and vehicle mounted direct source capture. Station 4 will be equipped with the
same equipment. Stations 1 and 2 are only equipped with vehicle-mounted direct source capture with no
building-space filtration or hose-based direct source capture.
GOAL
Purchase emergency response vehicle hose-based direct source capture systems in stations 1 and 2 for
every vehicle bringing Schertz Fire Department into compliance with National Fire Protection
Association (NFPA) 1500: Standard on Fire Department Occupational Safety, Health, and Wellness
Program.
COMMUNITY BENEFIT
This grant would improve our cancer prevention programs, keeping firefighters, other responders and
visitors healthy, working, and able to respond to the needs of our community without having to be
concerned about carcinogens in the work place.
SUMMARY OF RECOMMENDED ACTION
Recommend authorizing the City Manager to execute and deliver a grant application with the
Department of Homeland Security - Assistance to Firefighters Grant (AFG) for vehicle exhaust
extraction systems.
FISCAL IMPACT
The Assistance to Firefighters Grant (AFG) has a 10% cost share which the City would be responsible
for providing. With the equipment purchase and installation costing no more than $140,000 the City
would be responsible for $14,000 if awarded grant funds.
RECOMMENDATION
Recommend authorizing the City Manager to execute and deliver a grant application with the
Department of Homeland Security - Assistance to Firefighters Grant (AFG) for vehicle exhaust
extraction systems.
Attachments
Resolution 24-R-28
RESOLUTION NO. 24-R-28
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AUTHORIZING A GRANT APPLICATION TO THE DEPARTMENT OF
HOMELAND SECURITY – ASSISTANCE TO FIREFIGHTERS GRANT
PROGRAM TO PURCHASE VEHICLE EXHAUST EXTRACTION SYSTEMS.
WHEREAS, the Department of Homeland Security – Assistance to Firefighters Grant
Program allows eligible entities to file grants funding projects that address harmful effects of
diesel exhaust protecting personnel from this hazard demonstrating the greatest community
benefit including high Benefit Cost Analysis (BCA) and verifiable population directly served or
benefiting from the proposed projects.
WHEREAS, the requesting agency will pay a 10% required grant match based on the
actual cost of the purchase; and
WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the
City Council authorize the filing of a grant application with the Department of Homeland
Security – Assistance to Firefighters Grant Program for vehicle exhaust extraction systems; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
apply to the Department of Homeland Security – Assistance to Firefighters Grant Program to
purchase vehicle exhaust extraction systems.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and deliver a grant
application with the Department of Homeland Security – Assistance to Firefighters Grant
Program for vehicle exhaust extraction systems, provided acceptance of the grant and funding of
the City’s share of the cost of the equipment shall not require further approval by the City
Council.
Section 2. The recitals contained in the preamble hereof found to be true, and such recitals are
hereby made a part of this Resolution for all purposes and adopted as a part of the judgement and
findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this resolution are hereby repealed to the extent of such conflict, and the provisions
of this resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This resolution 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 resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which this resolution
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 resolution, was given, all as
required by Chapter 55}, Texas Government Code, as amended.
Section 7. This resolution shall be in force and effect from and after its final passage, and it is
so resolved.
PASSED AND ADOPTED, This _____ day of _______________, 2024.
CITY OF SCHERTZ, TEXAS
______________________________
Ralph Gutierrez, Mayor
ATTEST:
______________________________
Sheila Edmondson, City Secretary
Agenda No. 5.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 5, 2024
Department:Fire Department
Subject:Resolution 24-R-29 - Approving Fire Station 4 Construction Manager at Risk
(S.Williams/G.Rodgers)
BACKGROUND
Fire Station 4 has many areas of compliance in order to meet the AHJ building, construction, and fire
codes but also to comply with all NFPA and OHSA standards for fire service safety. In constructing a
facility with this type of complexity, a construction manager at risk being employed has proven to be an
asset in additional review, value engineering, coordination, and limiting change orders to have the most
efficient process we can.
A Request for Qualifications (RFQ) for Fire Station #4 using the two step selection process under
Section 2269 et seq. of the Texas Government Code for a Construction Manager at Risk (CMAR) was
issued by the City on November 29, 2023. Four responses to this RFQ were received on January 4,
2024. These responses were evaluated by a selection committee comprised of City employees and
AG|CM, the CIty's Owner's Representative on this project. The responding firms were evaluated by the
committee and ranked solely on the basis of their qualifications in the first step. The top three ranked
firms were invited to participate in the second step of the process and submit a cost proposal, due
February 1, 2024. The top three ranked firms were then interviewed by the selection committee on
February 9, 2024.
After the interviews, Byrne Construction Services and Marksmen General Contractors were identified
as the top two finalists. While Koehler has a positive reputation in the area, they are a much smaller
firm and do not have the same level of experience as either Byrne or Marksmen with construction of fire
stations. Byrne and Marksmen both have extensive experience building fire stations and had excellent
references. Marksmen's proposal is approximately $400,000 less than Byrne's. For this reason,
Marksmen General Contractors is the proposed awardee.
The RFQ scoring is attached.
GOAL
To provide the citizens, visitors, and our community with a new fire station in North Schertz that meets
the needs of our growing community and provide the needed services for that region of our city.
An agreement for architectural services has already been secured and approved by Council. The design
phase has begun with two renderings completed. The project is now at the stage to engage a CMAR as
we move to cost estimates and through the completed drawing phase. It is best to include the CMR at
this point in order to limit the number of potential mistakes and ultimately, change orders.
COMMUNITY BENEFIT
The community will benefit by having better and more efficient response times to this area of the city as
The community will benefit by having better and more efficient response times to this area of the city as
well as having a highly qualified construction management firm to oversee construction and build our
Fire Station 4.
SUMMARY OF RECOMMENDED ACTION
Authorize the city manager to approve and execute a contract with Marksmen General Contractors for
the construction manager at risk work associated with construction of Fire Station 4. This contract
would be in accordance with the published RFQ that was issued by the City of Schertz.
The City of Schertz intends to execute AIA Documents A133 Standard Form of Agreeement between
Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work
Plus a Fee with Guaranteed Maximum Price along with AIA A201-2007 General Conditions of the
Contract for Construction.
FISCAL IMPACT
The proposal from Marksmen General Contractors will be incorporated into the negotiated contract as
follows:
1. Construction Phase Fee - $380,000 (4% of cost of work)
2. Preconstruction Services Fee - $42,000 (All costs for preconstruction phase services including cost
estimating, scheduling, building systems and material cost analysis are included in the Construction
Phase Fee above. However, if the construction phase does not commence for any reason, this payment to
the Construction Manager for preconstruction services would be necessary)
3. General Conditions Cost - 8.15% of construction costs on a reimbursable basis.
The funding for this contract is secured in the bond money for Fire Station 4.
RECOMMENDATION
Authorize the city manager to approve and execute a contract with Marksmen General Contractors for
the construction manager at risk work associated with construction of Fire Station 4.
Attachments
CMR Contract Sample
RFQ 2023-014 Scoring Matrix
Resolution 24-R-29
PROJECT #
Project Name:Date: 1/4/2024
Points
BYRNE
CONSTRUCTION
SERVICES
D. WILSON CONSTRUCTION KOEHLER COMPANY
MARKSMEN GENERAL
CONTRACTORS
3.50 2.88 3.31 3.50
13.13 10.78 12.42 13.13
3.38 3.00 3.44 3.50
16.88 15.00 17.19 17.50
3.75 2.75 3.69 3.19
37.50 27.50 36.88 31.88
3.81 3.13 3.56 3.06
14.30 11.72 13.36 11.48
3.50 2.69 3.50 2.63
8.75 6.72 8.75 6.56
100 53.05 44.22 51.72 48.67
1.00 4.00 2.00 3.00
CM@R ‐ Fire Station #4
EVALUATION SUMMARY
Average Total %
2023‐014
20
Firm’s Experience and Staff as a CM@R 15
Proposed Schedule 10
Firm’s Experience on Projects of Similar Size and
Scope 40
Rank
Criteria
INSTRUCTIONS: Enter a number 0 through 4 for each category for each proposer.You may use 0.25 increments if necessary.
0 = Not Compliant, 1 = Poor, 2 = Fair, 3 = Good, 4 = Excellent
You may NOT enter a number higher than 4.0. An explanation is required for a score of 0
Firm’s Experience with Pre‐Construction Estimating
Accuracy
Project Personnel Experience and Experience with
Municipalities 15
RESOLUTION NO. 24-R-29
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES
RELATED TO THE CONSTRUCITON OF FIRE STATION 4
WHEREAS, the City of Schertz (the “City”) solicited Requests for Qualifications (RFQ)
for professional Construction Manager at Risk services related to the design and construction of
Fire Station #4, and
WHEREAS, after extensive analysis of the responses, City staff determined that
Marksmen Construction is well qualified to provide the required services, and
WHEREAS, the City Council has determined that it is in the best interest of the
City to enter into an agreement with Marksmen Construction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby approves resolution 24-R-29 authorizing the City Manager to
execute an agreement with Marksmen Construction for professional construction manager at risk
services related to the design and construction of Fire Station #4. This contract would be in
accordance with the published RFQ that was issued by the City of Schertz. The City of Schertz
intends to execute AIA Documents A133 Standard Form of Agreement between Owner and
Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a
Fee with Guaranteed Maximum Price along with AIA A201-2007 General Conditions of the
Contract for Construction.
Section 2. The recitals contained in the preamble hereof found to be true, and such recitals are
hereby made a part of this Resolution for all purposes and adopted as a part of the judgement and
findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this resolution are hereby repealed to the extent of such conflict, and the provisions
of this resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This resolution 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 resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which this resolution
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 resolution, was given, all as
required by Chapter 55}, Texas Government Code, as amended.
Section 7. This resolution shall be in force and effect from and after its final passage, and it is
so resolved.
PASSED AND ADOPTED, This _____ day of _______________, 2024.
CITY OF SCHERTZ, TEXAS
______________________________
Ralph Gutierrez, Mayor
ATTEST:
______________________________
Sheila Edmondson, City Secretary
Agenda No. 6.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 5, 2024
Department:Planning & Community Development
Subject:
Ordinance 24-S-04 - Conduct a public hearing and consider amendments to Part
III of the Schertz Code of Ordinances, Unified Development Code (UDC) to
Article 16 - Definitions. First Reading (B.James/L.Wood/S.Haas)
BACKGROUND
As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion,
or at the recommendation of City staff amend, change, or modify text in any portion of the UDC to
establish and maintain stable and desirable development. It is generally considered good practice to
periodically review and update the development regulations due to changing conditions, community
goals, and/or State and Federal regulations.
Article 16 of the Unified Development Code (UDC) is a 25-page section that gives meanings and
definitions to a long list of terms, phrases, and words that are used throughout the UDC. One section of
the UDC that relies heavily on Article 16 is the Permitted Use Table, which is in Article 5, Section
21.5.8. When a possible applicant proposes a project in the city, staff uses the Permitted Use Table with
Article 16 to properly define an applicant's proposed development/use. Staff then determines which
zoning districts permit the use. Over time, Article 5 has undergone numerous amendments to either add,
and/or remove uses from the table. This has not consistently coincided with updates to Article 16 to
properly define these uses. Similarly, when a use is removed from the Permitted Use Table there has
not always been a corresponding removal from Article 16.
As a result, we have undefined uses that require a definition, and we have unused definitions that are
cluttering Article 16. The purpose of Ordinance 24-S-04 is to clean up these unused definitions in
Article 16, and to add definitions to certain uses that are found in the Permitted Use Table. Doing this
will help Article 16 and Article 5 align better, and thus making the UDC more cohesive as a whole.
Additionally, two items are coming from the Engineering Department. One is a revision to the
definition of "Alley", and the other is the addition and defining of the "Public Works Specification
Manual". A document that was formally called the Public Works Design Guide. This new Public Works
Specification Manual is proposed to be codified with a separate UDC amendment application, and will
be referenced in the UDC with supplemental requirements for the development process.
Proposed Amendments:
Article 16 - Definitions
Additions Removals
Adult Media
Bakery
Book Store
Department Store
Florist
Furniture Sales
Boarding House
Convalescent Home
Filling, Retail Service
Station
Industrialized Home
Insurance Office
Furniture Sales
Gated Community
Government Facilities
Hazardous Material
Hazardous Waste
Heavy Equipment Service and Sales, or Rental
Home Improvement Center
Microbrewery/Brewpub
Museum
Pet Store - The Planning and Zoning Commission recommended
that this definition be reworde d.
Pharmacy
Portable Building Sales
Post Office
Public Works Specification Manual
Railroad/Bus Station Terminal
Recreational Vehicle Sales and Service
Tool Rental
Truck Terminal
Insurance Office
Retail Food Store
Variety Store
Revisions
Alley : A 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.
GOAL
To amend the UDC to review and update the development regulations due to changing conditions and
community goals in order to establish and maintain sound, stable and desirable development.
COMMUNITY BENEFIT
It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the
City's vision of future growth.
SUMMARY OF RECOMMENDED ACTION
When evaluating UDC amendments, staff uses the Criteria of Approval found in 21.4.7.D.
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.
In order to promote orderly and efficient development, the UDC functions better when there is
continuity throughout the code. Not properly defining uses in the Permitted Use Table (or the items
from Engineering) opens the door for interpretation, and thus creates the potential for
inconsistency. Moreover, having items exclusively in Article 16 and found nowhere else in the
UDC creates clutter and even confusion for applicants and staff.
2. An amendment to the text is consistent with other policies of this UDC and the City.
The main purpose of these amendments is to make the UDC more consistent by making an effort to
better align Article 5 and Article 16.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City.
The City of Schertz Strategic Plan has clear stated goals for the Operational Values of the city. Among
these is the goal to be proactive; "Proactive means initiating change by anticipating future situations in
order to make things happen". Within this framework, it is the responsibility of staff to be "continuously
improving and evolving", "forward thinking", and have "the ability to forecast and meet needs even
before the customer identifies them". These amendments would achieve these goals in the Strategic
Plan.
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.
The scheduled public hearing provides the opportunity for the City Council to determine this.
For these reasons, staff is recommending approval of Ordinance 24-S-04
The Planning and Zoning Commission met on February 7, 2024 and made a recommendation of
approval with a condition that the "Pet Store" definition be changed with a 7-0 vote.
RECOMMENDATION
Approval of Ordinance 24-S-04
Attachments
Ord. 24-S-04 with Exhibits
Article 16 - Redlines
Article 16 - Clean
City Council Presentation Slides
ORDINANCE NO. 24-S-04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO AMEND PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 16 - DEFINITIONS
WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz (the “City”) adopted
and Amended and Restated Unified Development Code on April 13, 2010, as further amended (the
“Current UDC”); and
WHEREAS, City Staff has reviewed the Current UDC and have recommended certain
revision and updates to, and reorganization of, the Current UDC;
WHEREAS, on February 7, 2024, the Planning and Zoning Commission conducted public
hearings and, thereafter recommended approval; and
WHEREAS, on March 5, 2024, 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. 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 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
PASSED ON FIRST READING, the ____ day of ________ 2024.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of
________, 2024.
CITY OF SCHERTZ, TEXAS
_____________________________
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
(city seal)
Exhibit “A”
Proposed Unified Development Code (UDC) Amendments
Article 16 – Definitions
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
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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.
Adult Media: Books, magazines, and other periodicals, or photographs, drawings, slides, films, and novelty
items which are distinguished or relating to specified sexual activities or specified anatomical areas.
Advertising: To convey information, to seek the attraction of or to direct the attention of the public to any
location, event, person, product, good, service, activity, institution or business.
Advertising Vehicle: Any vehicle which has as its primary purpose the advertisement of an event, person,
product, good, service, activity, institution or business, whether located on-premises or off-premises.
Agriculture: The use of land for the production and primary processing of food and fibers for sale, including
cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture, animal and poultry husbandry, and
such incidental accessory facilities as greenhouses and nurseries, provided that the operation of such accessory
facilities shall be clearly secondary to 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.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
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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 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..
Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates
at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
Alternative Tower Structure: Clock towers, steeples, light poles and similar alternative-design mounting
structures that camouflage or conceal the presence of antennas or towers. See also the definition of "stealth
facility".
Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur radio station
license from the Federal Communications Commission.
Annexation: The act of incorporating an area into the domain of the City.
Antenna: A device used in communications, which transmits or receives radio signals, television signals,
digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or
other communication signals.
Antenna and/or Antenna Support Structure, commercial: An antenna and its support structure used for commercial
broadcasting or telecommunication purposes and the transmission, retransmission, and/or reception of
electromagnetic radio, television, or microwave signals. All radiating equipment must comply with Federal
Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety
Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines
for human safety, as they exist or may be amended. The antenna may be a tower, mast, pole, tripod or box frame.
Preferably the antenna may be in stealth form designed to be non-obtrusive, or virtually transparent or invisible to
the surrounding neighborhood. Stealth antennas include, but are not limited to:
a. antennas within a building's attic space;
b. on the roof of a minimum three 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.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
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Antique Shop: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an
earlier period, with all sales and storage occurring inside a building.
Apartment: A dwelling unit in an apartment building.
Apartment Building: A building or portion thereof housing three (3) or more dwelling units.
Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that
formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appliance, Furniture and Home Furnishings Store: Retail establishments selling goods used for furnishing the
home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves, refrigerators, and other
household electrical and gas appliances.
Approved Plat: The plat of a subdivision which has been approved in accordance with the requirements of
this UDC and which has been filed for record with the county clerk in which the land lies.
Area of Shallow Flooding: A designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) for the
City and its ETJ with a one percent (1%) or greater chance of flooding in any given year to an average depth of one
(1) to three (3) feet where a clearly defined channel does not exit, where path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard: The land in the floodplain within the City and its ETJ subject to a one percent
(1%) 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 (10) 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.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
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Automobile Repair, Major: General repairs or reconditioning of engines, air-conditioning systems, and
transmissions for motor vehicles; wrecker or towing service with on-site storage of vehicles; collision services
including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire
retreading; muffler services; upholstery shop; insurance estimations with on-site storage; undercoating and rust
proofing, and other similar uses.
Automobile Repair, Minor: An establishment used for the dispensing or sales of automobile fuels, lubricants,
and automobile accessories; the minor repair or replacement of parts and 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.
Bakery: A retail establishment for preparing, cooking, baking, and selling products on the premises.
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 (1%) chance of being equaled or exceeded in any given year.
Basement: A story (or portion of a story) wholly or partly below curb level with at least one-half of its height
(measured from floor to ceiling) below the curb level. The curb level nearest to a story (or portion of a story) shall
be used to determine whether such story (or portion of a story) is a basement.
Beauty Salon/Barber Shop: An establishment primarily engaged in providing services generally involved in
the care of the person or his/her appearance including, but not limited to, barber and beauty shops, nail and
pedicure salons, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn: An owner (or operator) occupied residence with up to five (5) bedrooms available for
overnight guests. A Bed and Breakfast Inn may provide for guest stays up to 14 consecutive days; however, it shall
not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only;
however, no food preparation shall be permitted in guest bedrooms. A Bed and Breakfast Inn shall not include
restaurants, banquet facilities, or similar services.
Billboard: Any sign erected and used for, or designed to be used for, the display of advertising material for
the purpose of advertising a location, event, person, product, good, service, activity, institution or business not
located on the same premises as the billboard. Mobile advertising and hand-carried signs shall not be considered
as billboards.
Block: A tract of land bounded by streets or a combination of streets and public parks, or corporate
boundaries of the City.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
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Board of Adjustment (BOA): The Board established by City Council under the City Charter 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.
Book Store: A retail establishment that, as a primary business, engages in the sale, rental, or other charge-
for-use books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other
printed or electronically conveyed information or media, excluding any adult media.
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 or more floors and a roof; and
c. is bounded by either open area or lot lines.
A building shall not include such structures as billboards, fences or radio towers, or structures with interior
surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or
similar structures.
Building Area: The total square footage on a lot covered by a building measured on a horizontal plane at
mean grade level.
Building, Detached: A building which is surrounded by yards or open space on its own building lot.
Building Envelope: The net cubic space that remains for placing a structure on a site after building line,
setback, side yard, height and bulk regulations are observed.
Building Height: The vertical distance between the average natural grade of the ground under the footprint
of a building and the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean
height level between the eaves and ridge for a gable, hip or gambrel roof. A chimney, cupola or dormer (four feet
or less in height), flagpole or residential television antenna shall be exempt from the above requirements.
Building Materials And Hardware Store: An establishment for the sale of materials customarily used in the
construction of buildings and other structures.
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.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
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Carport: A roofed structure for use as an automobile shelter, open on at least two sides with inside
dimensions not less than 10' by 20'.
Car Wash, Automated: A facility where a customer can have a motorcycle, automobile and light load vehicle
washed in exchange for financial consideration.
Car Wash, Self Serve: A facility, typically coin operated, used by the customer to wash motorcycles,
automobiles and light load vehicles.
Cemetery or Mausoleum: Property used for the interring of the dead.
Church, Temple, Place of Worship: A building designed and used primarily for religious assembly and worship
and those accessory activities which are customarily associated therewith, and the place of residence for ministers,
priests, nuns or rabbis in a detached residential facility on the same premises, that is exempt from ad valorem
taxes as permitted by State law. For the purposes of this definition, bible study and other similar activities which
occur in a person's primary residence shall not be considered as a church, temple or place or worship.
City: The City of Schertz, Texas
City Council: The City Council of the City of Schertz, Texas.
City Engineer: A registered professional engineer employed or designated by the City to provide professional
engineering services for and on behalf of the City.
Civic/Convention Center: A building or complex of buildings used for cultural, recreational, athletic,
convention, or entertainment purposes.
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.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
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Community Center: A building or portion of a building owned and/or operated by a government entity or
not-for-profit agency in which facilities are provided for civic, educational, political, or social purposes.
Community Service Sign: Any sign that solicits support for or advertises a non-profit community location,
event, person, product, good, service, institution or business, a public activity, location, event, person, product,
good, service institution or business.
Comprehensive Land Plan: The Comprehensive Land Plan of the City, as approved by the City Council and
including any unit or part of such plan separately adopted and any amendments to such plan or parts thereof.
Concrete/Asphalt Batching Plant: A permanent manufacturing facility for the production of concrete or
asphalt.
Convenience Store with Gas Pumps: A retail establishment that sells food and other consumable and non-
consumable products for off-premise use or consumption. This definition shall also include the dispensing or sale
of motor vehicle fuels, lubricants, and accessories, but shall not include automotive repair or the sale of
replacement parts.
Court: An open, unoccupied space bounded on more than two (2) sides by walls. An inner court is entirely
surrounded by the exterior walls of a building. An outer court has one (1) side open to a street, alley, yard or other
permanent open space.
Critical Feature: An integral and readily identifiable part of a flood protection system, without which the
flood protection provided by the entire system would be compromised.
Cul-de-sac: A street having but one (1) outlet to another street, and terminated on the opposite end by a
vehicular turn around.
Damaged Sign:
a. any sign where any portion of the finished material, surface or message area of the sign is visibly faded,
flaked, broken off, missing, cracked, splintered, defective or is otherwise deteriorated or in a state of
disrepair so as not to substantially appear as it was intended or designed to appear when originally
constructed; or
b. any sign whose elements or the structural support or frame members are visibly bent, broken, dented,
torn, twisted, leaning or at angles other than those at which it was originally erected.
Dance Hall/Night Club: An establishment open to the general public for entertainment; in particular, dancing.
Day Care Center: A commercial institution or place designed for the care of children or adults and is subject
to registration with the Texas Department of Protective and Regulatory Services. This use shall not include
overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school.
Dead End Street: A roadway, other than cul-de-sac, with only one (1) outlet.
Density: The number of units per acre that may be placed on a tract in a particular zoning district under
specified development conditions.
Department Store: A business conducted under a single owner’s name wherein a variety of unrelated
merchandise and services are housed, enclosed, and are exhibited and sold directly to the customer for whom the
goods and services are furnished.
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.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
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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.
Distribution Center: A warehouse or storage facility where the emphasis is on processing and moving goods
on to wholesalers, retailers, or consumers rather than on storage.
Dormitory: Any structure specifically designed to house student tenants associated with a university, college
or school.
Dry Cleaning, Major: An industrial facility where fabrics are cleaned with substantially non-aqueous organic
solvents on a commercial or wholesale basis.
Dry Cleaning, Minor: A custom cleaning shop or pick-up station not exceeding six thousand (6,000) square
feet of floor area, including, but not limited to, dry cleaning plants having no more than one thousand five hundred
(1,500) square feet of floor area for dry cleaning equipment.
Dwelling: Any building or portion thereof which is designed for or used for residential purposes.
Dwelling, Duplex: A building designed for or occupied exclusively, but separately, by two (2) families.
Dwelling, Multifamily: A building or portion thereof containing three (3) or more dwelling units.
Dwelling, Single-Family: A building designed for or occupied exclusively by one (1) family.
Dwelling Unit: A room, or suite of two (2) or more rooms, designed or intended for use by an individual or
family in which culinary and sanitary convenience are provided for the exclusive use of such individual or family.
Easement: An acquired privilege or right-of-way use which one (1) person, business, entity and/or public
agency has across, over or under land of another person, business, entity and/or public agency.
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
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"family" does not include any organization or institutional group that receives federal or State funding for the care
of the individual.
Family Home: A community-based residential home operated by either the State of Texas, a nonprofit corporation,
a community center organized pursuant to State statute, or an entity which is certified by the State as a provider
for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical
impairments that substantially limit one (1) or more major life activities. To qualify as a family home, a home must
meet all of the following requirements:
a. not more than six (6) disabled persons and two (2) supervisory personnel may reside in a family home
at the same time;
b. the home must provide food and shelter, personal guidance, care, rehabilitation services, or
supervision; and
c. all applicable licensing requirements must be met.
Farmers Market: An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible
seeds, nuts, live plants, flowers, and honey for sale.
FEMA: Federal Emergency Management Agency.
Fire Lane: A concrete or asphalt driving surface identified for use by fire, EMS and other emergency vehicles
within and maintained by the owners of a manufactured home park, recreational vehicle park, apartment complex,
malls/shopping center, commercial or business area.
Flag: A piece of cloth, varying in size, shape, color, and design, usually attached at one edge to a staff or cord,
and used as the symbol of a nation, state, or organization, or as a means of signaling.
Flea Market, Inside: A building or structure wherein space is rented to vendors on a short-term basis for the
sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art
work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term
flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but
shall be deemed to include personal services establishments, food services establishments, retail sales
establishments, and auction establishments.
Flea Market, Outside: An outdoor site where space is rented to vendors on a short-term basis for the sale of
merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work,
small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea
market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall
be deemed to include personal services establishments, food services establishments, retail sales establishments,
and auction establishments.
Flood or Flooding: A general and temporary condition of partial or complete inundation of areas not ordinarily
covered by water due to:
a. the overflow of inland or tidal waters; or
b. the usual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): The official maps of the City and its ETJ on which the FEMA has delineated
both the areas of special flood hazards and the risk premium zones applicable to the areas mapped.
Flood Insurance Study: The official report provided by the FEMA. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.
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Flood Management: The operation of an overall program of corrective and preventive measures for reducing
flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain
management regulations.
Flood Management Regulations: Zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as the floodplain ordinance, grading ordinance and erosion control
ordinance) and other applications of police power. The term describes such State or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Flood Protection System: Those physical structural works for which funds have been authorized,
appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce
the extent of the area within the City and its ETJ subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood
modifying works are those constructed in conformance with sound engineering standards.
Flood Proofing: Any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Floodplain: Any land area susceptible to being inundated by water from any source.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height.
Florist: Retail business whose principal activity is the selling of plants which are not grown on the site and
conducting business within an enclosed building.
Fraternity, Sorority, Civic Club or Lodge: An organized group having a restricted membership and specific
purpose related to the welfare of the members including, but not limited to, Elks, Masons, Knights of Columbus,
Rotary International, Shriners, or a labor union.
Fraternity, Sorority or Group Student House: A building occupied by and maintained exclusively for students
affiliated with an academic or vocational institution.
Freestanding Sign: A sign that is not attached to a building and which is self supporting by use of a pole,
mast, pylon or other similar vertical support structure and has a minimum of thirty-six (36) inches of ground
clearance.
Frontage: All the property on one (1) side of a street between two (2) intersecting streets (crossing or
terminating) measured along the line of the street, or if the street is dead-ended, then all the property abutting on
one (1) side between an intersecting street and the dead end of the street.
Furniture Sales: Retail business whose principal activity is the selling of finished furniture products and
conducting business within an enclosed building.
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.
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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.
Gated Community: Residential areas that restrict access to normally public spaces. The type of gates can
range from elaborate guard houses to similar electronic arms. Residents may enter by electronic cards,
identification stickers, codes, or remote-control devices. Visitors must stop to be verified for entry.
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.
Government Facilities: A building or structure owned, operated, or occupied by governmental agency to
provide a governmental service to the public.
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.
Hazardous Material: Any substance that because of its quantity, concentration, or physical or chemical
characteristics, poses a significant present or potential hazard to human health and safety or to the environment.
This term includes but is not limited to hazardous wastes.
Hazardous Waste: Any refuse or discarded material or combinations of refuse or discarded materials in solid,
semisolid, liquid, or gaseous form which cannot be handled by routine waste management techniques because
they pose a substantial present or potential hazard to human health or other living organisms because of their
chemical, biological, or physical properties. Categories of hazardous waste include but are not limited to
explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include sewage
sludge and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as
amended.
Health/Fitness Center: A public or private facility operated to promote physical health and fitness. Activities
may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or
combination of uses or facilities typically include, but are not limited to, game courts, weight lifting and exercise
equipment, aerobics, swimming pools and spas, and running or jogging tracts.
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Heavy Equipment Service and Sales, or Rental: An establishment providing Sales, Service, or Rental of
movable or transportable vehicles or other apparatus commonly used in commercial, industrial, or construction
enterprises, such as but not limited to trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts.
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 Improvement Center: An establishment providing the sale or rental of building supplies, construction
equipment, or home decorating fixtures and accessories. This term includes a lumber yard or a contractors’
building supply business and may include outdoor storage or tool and equipment sales or rental. This term does
not include an establishment devoted exclusively to the retail sale of paint, wallpaper, or hardware or activities
classified under vehicle/equipment sales and services, including vehicle towing services.
Home Occupation: Any occupation or activity carried on by a member of the immediate family, residing on
the premises, which there is no sign used relating to the business or no display that will indicate from the exterior
that the building is being utilized in part for any purpose other than that of a dwelling, and there is no commodity
sold upon the premises; no person is employed other than a member of the immediate family residing on the
premises; and no mechanical equipment is used except of a type that is similar in character to that normally used
for purely domestic or household purposes.
Homeowners Association: An organization formed for the maintenance and operation of the common areas
of the development. The membership in the association must be automatic with the purchase of a dwelling unit or
other property in the development.
Hospital, Sanitarium, Nursing or Convalescent home: A building or portion thereof used or designed for the
housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this
definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be
occupied by said persons.
Hotel: A building used or intended to be used as living quarters for transient guests, but not excluding
permanent guests, and may include a cafe, drugstore, clothes pressing shop, barbershop or other service facilities
for the guests for compensation. This definition does not include bed and breakfast and boarding houses.
Household Appliance Service and Repair: The maintenance and rehabilitation of appliances customarily used
in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash
compactors, ovens and ranges, countertop kitchen appliances, and vacuum cleaners.
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Identification Sign: A sign whose purpose is to identify:
a. Street Address Sign/Markers: Address signs are composed of a numeric address and street or complex
name. Street markers are signs adjacent to streets required by local government.
b. On-Premise Business Signs: Any sign which relates to the premises on which it is located, referring
exclusively to the location, event, person, product, good, service, or activity of those premises, or the
sale, lease or construction of those premises.
c. Personal or Professional Signs and Nameplates: Any sign that lists exclusively a name or names
(including family/farm name signs).
Illegal Sign: A sign erected without a required permit, without the property owner's permission, or any sign
not meeting the requirements established in this UDC.
Impervious Coverage: Impervious cover means impermeable surfaces which prevent the infiltration of water
into the underlying soil and bedrock (such as pavement, concrete or rooftops).
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.
Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4) or more
children at any one (1) time during part of a twenty-four (24) hour day, which provides a program of instruction for
children below the first grade level in which constructive endeavors, object lessons and helpful games are
prominent features of the curriculum.
Landfill: A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste
that is not hazardous, medical, or radioactive.
Landscape: Covering, adorning, or improving property with living plants (such as trees, shrubs, vines, grass or
flowers), loose natural materials (such as rock, wood chips or shavings), decorative manmade material (such as
patterned paving materials, fences, walls, fountains, or pools), or land contouring. "Landscape" does not include
improving property with artificial trees, shrubs, turf or other artificial plants.
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.
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b. Livestock shall be kept in a stable, shed, pen or other enclosure wherever located within the City,
which shall be distance of at least one hundred feet (100') for every building/structure (other than the
owner of such livestock) used for sleeping, dining and living, and shall be kept in such a manner as will
be reasonably calculated not be offensive to neighbors or to the public.
c. Swine are prohibited.
d. The Code of Ordinances may include further restrictions.
Loading Dock Space: A space within the main building, or on the same lot therewith, providing for the
standing, loading or unloading of trucks and having a minimum dimension of twelve by thirty-five feet (12' x 35')
and a vertical clearance of at least fourteen feet (14').
Locksmith/Security System Company: Establishments primarily engaged in providing, installing, repairing,
and/or monitoring locks and electronic security systems.
Lot: A physically undivided tract or parcel of land having frontage on a public street or other approved access
and which is, or in the future may be, offered for sale, conveyance, transfer or improvements; which is designated
as a distinct and separate tract; and/or, which is identified by a tract or lot number or symbol in a duly approved
subdivision plat which has been properly recorded.
Lot Depth: The distance of a line connecting the midpoints of the front and rear lot lines, which line shall be
at right angle to the front lot or radial to a curved lot line.
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 deeds 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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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.
Microbrewery/Brewpub: A facility authorized to manufacture, brew, bottle, can, package, and label beer; and
sell or offer without charge, on the premise of the brew pub, beer produced by the holder, in or from lawful
containers to the extent the sales or offers are allowed under the holder's primary Texas Alcoholic Beverage
Commission license. The development may include other uses such as a standard restaurant, bar or live
entertainment as otherwise permitted in the zoning district.
Mini-Warehouse/Public Storage: A building(s) containing separate, individual self-storage units for rent or
lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual
storage unit.
Miscellaneous Hazardous Industrial Use: Any industrial use not specifically defined in this section that is
determined by Health, Fire or building officials to be a hazard or nuisance to adjacent property or the community
at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger
of fire, explosion, or radiation.
Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more
sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in
length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis designed to
be used as a dwelling with or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning and electrical systems.
Modular Home: A dwelling that is manufactured in two (2) or more modules at a location other than the
home site and which is designed to be used as a residence when the modules are transported to the home site and
joined together and installed on a permanent foundation system in accordance with the appropriate Building
Codes of the City including plumbing, heating/air conditioning and electrical systems to be contained in the
structure. The term modular home shall not mean nor apply to a mobile home as defined in the Texas
Manufactured Housing Standards Act, nor is it to include building modules incorporating concrete or masonry as a
primary component.
Monopole Tower: A self-supporting tower facility composed of a single spire used to support
telecommunication antennas. Monopole towers cannot have guy wires or bracing.
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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.
Museum: An Institution devoted to the procurement, care, study, and display of objects of lasting value or
interest.
Neon Sign: Any sign containing exposed transparent or translucent tubing illuminated by neon, argon or a
similar gas on or near the exterior of a building or window. This shall not include those signs lighted by an internal
light source and designed so that the rays go through the face of the sign.
Non-access Easement: The limitation of public access rights to and from properties abutting a highway or street, by
restricting curb cuts and access to rear or side of property or to an area abutting a developed area that may have a
deprecating and/or potentially dangerous effect on the developed properties.
a. One-foot non-access easement: The limitation of public access rights to and from properties abutting a
highway or street by restricting curb cuts and access to rear or side of property when the property has
another dedicated access to a public right-of-way.
b. One-foot partial access easement: The limitation of public access rights to and from properties abutting
a highway or street only by use of portable ramps, and restricting curb cuts when the property has
another dedicated access to public right-of-way.
c. Non-access easement: A designated area abutting a development which may be considered to have a
deprecating and/or potentially dangerous effect to the property because it backs up to a railroad right-
of-way, gas line, etc.
Noncommercial Farm or Hobby Farm: An agricultural operation whose income is incidental to the total
household income of the occupants who are usually commuter suburbanites. Products produced are for the
consumption by owner or provide insignificant income.
Non-Conforming Sign: A sign that was legally installed or modified in accordance with local laws, codes,
ordinances and approvals in effect at the time of installation or last significant 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
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contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and
storage is permitted.
Nursery, Minor: A retail business for the display and/or sale of small trees, shrubs, flowers, ornamental
plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside
storage or display.
Off-Premise Sign: Any sign displaying advertising copy that pertains to a business, person, organization,
activity, event, place, service or product not principally located or primarily manufactured or sold on the premises
on which the sign is located.
Office Showroom: A building that primarily consists of sales offices and sample display areas for products
and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate.
Incidental retail sales of products associated with the primary products and/or services are permitted.
Office-Warehouse: A building primarily devoted to the storage, warehousing, and distribution of goods,
merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices,
and display area for products sold and distributed from the storage and warehousing areas.
On-Premise Sign: Any sign relating to the premises on which it is located referring to events, persons,
products, goods, services, activities, institutions or businesses on or offered on such premises, or the sale, lease, or
construction of such premises.
Open Space: The part of the countryside which has not been developed and which is desirable for
preservation in its natural state for ecological, historical or recreational purposes, or in its cultivated state to
preserve agricultural, forest or urban greenbelt areas.
Packaging/Mailing Store: An establishment where services are provided for the mailing and packaging of
parcels. These services may include U.S. mail, UPS, FedEx and other similar services. Incidental uses may also
include, but not limited to, copy services, printing, and stationary supplies.
Parking Spaces: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle,
with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of
a motor vehicle.
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.
Pet Store: A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats,
fish, birds, and reptiles, excluding farm animals such as horses, goats, sheep, and poultry.
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Pharmacy: A business substantially devoted only to the sale of pharmaceutical items, supplies, and
equipment such as prescription.
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 Building Sales: An establishment which factory-manufactured portable buildings, such as
manufactured homes and jobsite offices, are displayed and offered for sale, lease, or order to the general public.
Post Office: A facility that contains service windows for mailing packages and letters, post office boxes,
offices, vehicle storage areas, and sorting and distribution facilities for mail.
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.
Power Storage System: A facility or installation whose primary function is to store produced electrical energy,
regardless of source.
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.
Public Infrastructure: Infrastructure that is generally for public use to include but not be limited to
improvements of the following: water system (including water distribution lines, fire hydrants, valves and
associated devices), wastewater (including lines, manholes, and lift stations), drainage system (including drainage
easements, channels, storm sewer lines and inlets and associated landscaping), sidewalks, and roadways.
Public Schools: include elementary, intermediate, middle, junior high, high and alternate schools operated by
a public school district but does not include administrative and support facilities and buildings not located on a
school campus or do not solely support one campus.
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Public Water and Wastewater Facility: Any reservoirs, towers, tanks, pump stations or other related
appurtenances used for the purpose of providing potable water or wastewater utility service. Occupiable space is
not considered a part of the public water and/or wastewater facility.
Public Works Specification Manual: The Public Works Specification Manual includes the Public Works Design
and Construction Standards Guide, Lift Station Design Guide, Standard Construction Details, and Public Works
Technical Specifications.
Railroad/Bus Station Terminal: A facility for the boarding of bus and/or railroad passengers and related
ticketing sales and offices.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.
Recreational Vehicle Sales and Service: An establishment dedicated to the sales, service, and displaying of
recreational vehicles.
Recycling Collection Center: A building and/or site in which source separated recoverable materials, such as
newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled prior to shipment to
others who will use those materials to manufacture new products. The materials are stored on-site in bins or
trailers for shipment to market.
Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for temporary
storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in
a shopping center parking lot or in other public/quasi-public areas such as in churches and schools.
Recycling Facility: A building or site that is not a salvage yard and in which recoverable resources, such as
newspapers, magazines, books, and other paper products, glass, metal cans, and other products are collected,
stored and recycled, reprocessed, and treated to return such products to a condition in which they may again be
used for production.
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 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.
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Road: See the definition of "Street".
Roof Sign: Any sign wholly erected on, affixed to or supported by a roof of a building.
Safety Lanes: Paved easements granted to the City, to the public generally, emergency vehicles and/or to a
private utility corporation, for installing or maintaining utilities across, over or under private land, together with
the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. These
easements may at times be referred to as fire lanes. Safety lanes may also be used as ingress and egress to the
property.
Sandwich Board Sign: See "A" Frame Sign.
Satellite Antenna: An antenna, greater than one (1) meter in diameter, which enables the transmission of
signals directly to and from satellites. Such antennas are commonly known as a satellite dish, dish antenna,
parabolic antenna, or satellite earth station antenna.
Satellite Receive-Only Antenna: An antenna, one (1) meter or less in diameter that enables the receipt of
television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are
commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite
earth station antenna.
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.
Solar Energy: Radiant energy (direct, diffuse, and reflected) received from the sun.
Solar/Photovoltaic Facility: A structure, assembly, equipment, or any combination thereof relating to the
generation, transportation, and storage of solar energy. Pertains to standalone facilities and not solar equipment
that is added to residential structures.
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Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision or
neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific
community and placed at the main entry to such community.
Site Plan: A development plan, drawn to scale, showing uses and structures proposed for a parcel of land
required by this UDC. This includes, but is not limited to, existing and proposed conditions of the lot and major
landscaping figures, the location of all existing and proposed buildings, lot lines, streets, driveways, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility service, landscaping, structures and signs,
lighting, screening devices and other information that may be reasonably required in order to make an informed
determination as opposed to a subdivision plan which relates to the layout of lots and parcels, platting of lots and
parcels and the provision of public facilities necessary to build a subdivision.
Stable, Commercial: A stable used for the rental of stall space or for the sale or rental of horses or mules.
Start of Construction (includes substantial improvements): The date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days of the permit date. The actual start means either the first placement of permanent
construction or a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets, and/or walkways; nor does it include excavation for basement,
footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions
of the building.
State: The State of Texas.
Stealth Facility: "Stealth" is a generic term describing a method that would hide or conceal an antenna,
supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely
compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas,
wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, alternative
tower structures, and camouflaged wireless facilities that are constructed to blend into the surrounding
environment.
Storage or Wholesale Warehouse: A building used primarily for the storage of goods and materials.
Story: That portion of a building, other than a basement, included between the surface of any floor and the
surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling
next above it.
Street: A strip of land comprising the entire paved area between the face of curbs and gutters and within the
right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than
one (1) lot.
Street, Collector: A roadway which collects traffic from local streets and connects within major/minor arterial
streets.
Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street.
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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.
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.
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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/Outdoor: 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.
Tool Rental: An establishment or business in which tools and accessories are offered or kept for rent, lease or
hire under agreement for compensation.
Townhouse: A single-family dwelling unit in a row of such structures and attached by one 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.
Truck Terminal: The premises used for loading or unloading of trucks upon which storage of cargo is
incidental to the primary function of motor freight shipment or shipment point and which is designed to
accommodate simultaneous loading or unloading. Such premises may include retail stores, facilities engaged in
fueling, servicing, repairing, washing, and/or parking of trucks, tractor trailers, or other heavy commercial vehicles.
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.
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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.
Veterinarian Clinic and/or Kennel, Indoor: An establishment, with no outside pens, where animals and pets
are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred,
boarded, trained, or sold for commercial purposes.
Veterinarian Clinic and/or Kennel, Outdoor: An establishment with outside pens, where animals and pets are
admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred,
boarded, trained, or sold for commercial purposes.
Visibility Triangle: The triangular sight area from the corner of converging streets to a distance of 25 feet
along each street with the triangle completed by drawing a line through the property from both 25 foot points on
the converging streets.
Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building, including
window signs and signs on awnings and/or marquees.
Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or
other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or
riverine areas.
Welding/Machine Shop: A workshop where metal fabrication tools, including, but not limited to, welders,
lathes, presses, and mills are used for making, finishing, or repairing machines or machine parts.
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.
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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.
(Ord. No. 13-S-22 , § 9, 7-16-2013; Ord. No. 14-S-11 , § 1, 3-11-2014; Ord. No. 16-S-27 , § 10, 8-30-2016; Ord. No.
17-S-41 , § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018; Ord. No. 18-S-24 , § 1(Exh. A), 8-7-
2018)
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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.
Adult Media: Books, magazines, and other periodicals, or photographs, drawings, slides, films, and novelty
items which are distinguished or relating to specified sexual activities or specified anatomical areas.
Advertising: To convey information, to seek the attraction of or to direct the attention of the public to any
location, event, person, product, good, service, activity, institution or business.
Advertising Vehicle: Any vehicle which has as its primary purpose the advertisement of an event, person,
product, good, service, activity, institution or business, whether located on-premises or off-premises.
Agriculture: The use of land for the production and primary processing of food and fibers for sale, including
cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture, animal and poultry husbandry, and
such incidental accessory facilities as greenhouses and nurseries, provided that the operation of such accessory
facilities shall be clearly secondary to 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.
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Alcohol Package Sales: An establishment engaged in the selling of alcoholic beverages to the general public
for off-site personal or household consumption.
Alley: A public right-of-way which provides a secondary means of vehicular access to abutting property and
which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a street.
Specifically authorized in garden home subdivisions for access to rear entrance garages.
Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates
at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
Alternative Tower Structure: Clock towers, steeples, light poles and similar alternative-design mounting
structures that camouflage or conceal the presence of antennas or towers. See also the definition of "stealth
facility".
Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur radio station
license from the Federal Communications Commission.
Annexation: The act of incorporating an area into the domain of the City.
Antenna: A device used in communications, which transmits or receives radio signals, television signals,
digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or
other communication signals.
Antenna and/or Antenna Support Structure, commercial: An antenna and its support structure used for commercial
broadcasting or telecommunication purposes and the transmission, retransmission, and/or reception of
electromagnetic radio, television, or microwave signals. All radiating equipment must comply with Federal
Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety
Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines
for human safety, as they exist or may be amended. The antenna may be a tower, mast, pole, tripod or box frame.
Preferably the antenna may be in stealth form designed to be non-obtrusive, or virtually transparent or invisible to
the surrounding neighborhood. Stealth antennas include, but are not limited to:
a. antennas within a building's attic space;
b. on the roof of a minimum three 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.
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Antique Shop: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an
earlier period, with all sales and storage occurring inside a building.
Apartment: A dwelling unit in an apartment building.
Apartment Building: A building or portion thereof housing three (3) or more dwelling units.
Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that
formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appliance, Furniture and Home Furnishings Store: Retail establishments selling goods used for furnishing the
home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves, refrigerators, and other
household electrical and gas appliances.
Approved Plat: The plat of a subdivision which has been approved in accordance with the requirements of
this UDC and which has been filed for record with the county clerk in which the land lies.
Area of Shallow Flooding: A designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) for the
City and its ETJ with a one percent (1%) or greater chance of flooding in any given year to an average depth of one
(1) to three (3) feet where a clearly defined channel does not exit, where path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard: The land in the floodplain within the City and its ETJ subject to a one percent
(1%) 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 (10) 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.
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Automobile Repair, Major: General repairs or reconditioning of engines, air-conditioning systems, and
transmissions for motor vehicles; wrecker or towing service with on-site storage of vehicles; collision services
including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire
retreading; muffler services; upholstery shop; insurance estimations with on-site storage; undercoating and rust
proofing, and other similar uses.
Automobile Repair, Minor: An establishment used for the dispensing or sales of automobile fuels, lubricants,
and automobile accessories; the minor repair or replacement of parts and 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.
Bakery: A retail establishment for preparing, cooking, baking, and selling products on the premises.
Bandit Sign: Any temporary ground sign announcing a subdivision, new development or builder.
Bank, Saving and LOoan, 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 (1%) chance of being equaled or exceeded in any given year.
Basement: A story (or portion of a story) wholly or partly below curb level with at least one-half of its height
(measured from floor to ceiling) below the curb level. The curb level nearest to a story (or portion of a story) shall
be used to determine whether such story (or portion of a story) is a basement.
Beauty Salon/Barber Shop: An establishment primarily engaged in providing services generally involved in
the care of the person or his/her appearance including, but not limited to, barber and beauty shops, nail and
pedicure salons, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn: An owner (or operator) occupied residence with up to five (5) bedrooms available for
overnight guests. A Bed and Breakfast Inn may provide for guest stays up to 14 consecutive days; however, it shall
not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only;
however, no food preparation shall be permitted in guest bedrooms. A Bed and Breakfast Inn shall not include
restaurants, banquet facilities, or similar services.
Billboard: Any sign erected and used for, or designed to be used for, the display of advertising material for
the purpose of advertising a location, event, person, product, good, service, activity, institution or business not
located on the same premises as the billboard. Mobile advertising and hand-carried signs shall not be considered
as billboards.
Block: A tract of land bounded by streets or a combination of streets and public parks, or corporate
boundaries of the City.
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Board of Adjustment (BOA): The Board established by City Council under the City Charter 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.
Book Store: A retail establishment that, as a primary business, engages in the sale, rental, or other charge-
for-use books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other
printed or electronically conveyed information or media, excluding any adult media.
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 or more floors and a roof; and
c. is bounded by either open area or lot lines.
A building shall not include such structures as billboards, fences or radio towers, or structures with interior
surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or
similar structures.
Building Area: The total square footage on a lot covered by a building measured on a horizontal plane at
mean grade level.
Building, Detached: A building which is surrounded by yards or open space on its own building lot.
Building Envelope: The net cubic space that remains for placing a structure on a site after building line,
setback, side yard, height and bulk regulations are observed.
Building Height: The vertical distance between the average natural grade of the ground under the footprint
of a building and the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean
height level between the eaves and ridge for a gable, hip or gambrel roof. A chimney, cupola or dormer (four feet
or less in height), flagpole or residential television antenna shall be exempt from the above requirements.
Building Materials And Hardware Store: An establishment for the sale of materials customarily used in the
construction of buildings and other structures.
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.
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Camping Trailer: A folding structure, mounted on wheels and designed for travel, recreation, and vacation
and which can be readily towed over the road by a motor vehicle.
Canopy: A roof like cover including an awning that projects from the wall of a building over a door, entrance
or window; a free standing or projecting cover above an outdoor service area such as a gasoline service station.
Carport: A roofed structure for use as an automobile shelter, open on at least two sides with inside
dimensions not less than 10' by 20'.
Car Wash, Automated: A facility where a customer can have a motorcycle, automobile and light load vehicle
washed in exchange for financial consideration.
Car Wash, Self Serve: A facility, typically coin operated, used by the customer to wash motorcycles,
automobiles and light load vehicles.
Cemetery or Mausoleum: Property used for the interring of the dead.
Church, Temple, Place of Worship: A building designed and used primarily for religious assembly and worship
and those accessory activities which are customarily associated therewith, and the place of residence for ministers,
priests, nuns or rabbis in a detached residential facility on the same premises, that is exempt from ad valorem
taxes as permitted by State law. For the purposes of this definition, bible study and other similar activities which
occur in a person's primary residence shall not be considered as a church, temple or place or worship.
City: The City of Schertz, Texas
City Council: The City Council of the City of Schertz, Texas.
City Engineer: A registered professional engineer employed or designated by the City to provide professional
engineering services for and on behalf of the City.
Civic/Convention Center: A building or complex of buildings used for cultural, recreational, athletic,
convention, or entertainment purposes.
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.
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Commercial Farm Ranch: A tract of unplatted land which is used for agricultural activities such as production
of cash crops or raising of livestock for the purpose of obtaining a profit in money. Includes agricultural dwelling
and accessory buildings and structures necessary to the operation of the farm/ranch.
Common Area: An area within a subdivision not used for development which is usually owned and
maintained by subdivision homeowners associations.
Community Center: A building or portion of a building owned and/or operated by a government entity or
not-for-profit agency in which facilities are provided for civic, educational, political, or social purposes.
Community Service Sign: Any sign that solicits support for or advertises a non-profit community location,
event, person, product, good, service, institution or business, a public activity, location, event, person, product,
good, service institution or business.
Comprehensive Land Plan: The Comprehensive Land Plan of the City, as approved by the City Council and
including any unit or part of such plan separately adopted and any amendments to such plan or parts thereof.
Concrete/Asphalt Batching Plant: A permanent manufacturing facility for the production of concrete or
asphalt.
Convalescent Home: Any structure used or occupied by three (3) or more persons recovering from illness or
receiving geriatric care for compensation.
Convenience Store with Gas Pumps: A retail establishment that sells food and other consumable and non-
consumable products for off-premise use or consumption. This definition shall also include the dispensing or sale
of motor vehicle fuels, lubricants, and accessories, but shall not include automotive repair or the sale of
replacement parts.
Court: An open, unoccupied space bounded on more than two (2) sides by walls. An inner court is entirely
surrounded by the exterior walls of a building. An outer court has one (1) side open to a street, alley, yard or other
permanent open space.
Critical Feature: An integral and readily identifiable part of a flood protection system, without which the
flood protection provided by the entire system would be compromised.
Cul-de-sac: A street having but one (1) outlet to another street, and terminated on the opposite end by a
vehicular turn around.
Damaged Sign:
a. any sign where any portion of the finished material, surface or message area of the sign is visibly faded,
flaked, broken off, missing, cracked, splintered, defective or is otherwise deteriorated or in a state of
disrepair so as not to substantially appear as it was intended or designed to appear when originally
constructed; or
b. any sign whose elements or the structural support or frame members are visibly bent, broken, dented,
torn, twisted, leaning or at angles other than those at which it was originally erected.
Dance Hall/Night Club: An establishment open to the general public for entertainment; in particular, dancing.
Day Care Center: A commercial institution or place designed for the care of children or adults and is subject
to registration with the Texas Department of Protective and Regulatory Services. This use shall not include
overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school.
Dead End Street: A roadway, other than cul-de-sac, with only one (1) outlet.
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Density: The number of units per acre that may be placed on a tract in a particular zoning district under
specified development conditions.
Department Store: A business conducted under a single owner’s name wherein a variety of unrelated
merchandise and services are housed, enclosed, and are exhibited and sold directly to the customer for whom the
goods and services are furnished.
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.
Distribution Center: A warehouse or storage facility where the emphasis is on processing and moving goods
on to wholesalers, retailers, or consumers rather than on storage.
Dormitory: Any structure specifically designed to house student tenants associated with a university, college
or school.
Dry Cleaning, Major: An industrial facility where fabrics are cleaned with substantially non-aqueous organic
solvents on a commercial or wholesale basis.
Dry Cleaning, Minor: A custom cleaning shop or pick-up station not exceeding six thousand (6,000) square
feet of floor area, including, but not limited to, dry cleaning plants having no more than one thousand five hundred
(1,500) square feet of floor area for dry cleaning equipment.
Dwelling: Any building or portion thereof which is designed for or used for residential purposes.
Dwelling, Duplex: A building designed for or occupied exclusively, but separately, by two (2) families.
Dwelling, Multifamily: A building or portion thereof containing three (3) or more dwelling units.
Dwelling, Single-Family: A building designed for or occupied exclusively by one (1) family.
Dwelling Unit: A room, or suite of two (2) or more rooms, designed or intended for use by an individual or
family in which culinary and sanitary convenience are provided for the exclusive use of such individual or family.
Easement: An acquired privilege or right-of-way use which one (1) person, business, entity and/or public
agency has across, over or under land of another person, business, entity and/or public agency.
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
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Zones V1-30, VI, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated
building", even though the lower area is enclosed by standards of section 60.3 (e)(5) of the National Flood
Insurance Program regulations.
Extraterritorial Jurisdiction (ETJ): The ETJ of the City is the portion of the unincorporated area that is
contiguous to the corporate boundaries of the City and not already in the incorporated area or ETJ of another City
as set out in Section 42.021 of the Texas Local Government Code.
Family: Two or more persons occupying a single dwelling unit where all members are related by blood,
marriage or adoption. No single dwelling unit shall have more than four unrelated individuals residing therein, nor
shall any "family" have, additionally, more than four unrelated individuals residing with such family. The term
"family" does not include any organization or institutional group that receives federal or State funding for the care
of the individual.
Family Home: A community-based residential home operated by either the State of Texas, a nonprofit corporation,
a community center organized pursuant to State statute, or an entity which is certified by the State as a provider
for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical
impairments that substantially limit one (1) or more major life activities. To qualify as a family home, a home must
meet all of the following requirements:
a. not more than six (6) disabled persons and two (2) supervisory personnel may reside in a family home
at the same time;
b. the home must provide food and shelter, personal guidance, care, rehabilitation services, or
supervision; and
c. all applicable licensing requirements must be met.
Farmers Market: An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible
seeds, nuts, live plants, flowers, and honey for sale.
FEMA: Federal Emergency Management Agency.
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
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market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall
be deemed to include personal services establishments, food services establishments, retail sales establishments,
and auction establishments.
Flood or Flooding: A general and temporary condition of partial or complete inundation of areas not ordinarily
covered by water due to:
a. the overflow of inland or tidal waters; or
b. the usual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): The official maps of the City and its ETJ on which the FEMA has delineated
both the areas of special flood hazards and the risk premium zones applicable to the areas mapped.
Flood Insurance Study: The official report provided by the FEMA. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.
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.
Florist: Retail business whose principal activity is the selling of plants which are not grown on the site and
conducting business within an enclosed building.
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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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.
Furniture Sales: Retail business whose principal activity is the selling of finished furniture products and
conducting business within an enclosed building.
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.
Gated Community: Residential areas that restrict access to normally public spaces. The type of gates can
range from elaborate guard houses to similar electronic arms. Residents may enter by electronic cards,
identification stickers, codes, or remote-control devices. Visitors must stop to be verified for entry.
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.
Government Facilities: A building or structure owned, operated, or occupied by governmental agency to
provide a governmental service to the public.
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.
Hazardous Material: Any substance that because of its quantity, concentration, or physical or chemical
characteristics, poses a significant present or potential hazard to human health and safety or to the environment.
This term includes but is not limited to hazardous wastes.
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Hazardous Waste: Any refuse or discarded material or combinations of refuse or discarded materials in solid,
semisolid, liquid, or gaseous form which cannot be handled by routine waste management techniques because
they pose a substantial present or potential hazard to human health or other living organisms because of their
chemical, biological, or physical properties. Categories of hazardous waste include but are not limited to
explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include sewage
sludge and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as
amended.
Health/Fitness Center: A public or private facility operated to promote physical health and fitness. Activities
may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or
combination of uses or facilities typically include, but are not limited to, game courts, weight lifting and exercise
equipment, aerobics, swimming pools and spas, and running or jogging tracts.
Heavy Equipment Service and Sales, or Rental: An establishment providing Sales, Service, or Rental of
movable or transportable vehicles or other apparatus commonly used in commercial, industrial, or construction
enterprises, such as but not limited to trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts.
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 Improvement Center: An establishment providing the sale or rental of building supplies, construction
equipment, or home decorating fixtures and accessories. This term includes a lumber yard or a contractors’
building supply business and may include outdoor storage or tool and equipment sales or rental. This term does
not include an establishment devoted exclusively to the retail sale of paint, wallpaper, or hardware or activities
classified under vehicle/equipment sales and services, including vehicle towing services.
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.
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Homeowners Association: An organization formed for the maintenance and operation of the common areas
of the development. The membership in the association must be automatic with the purchase of a dwelling unit or
other property in the development.
Hospital, Sanitarium, Nursing or Convalescent home: A building or portion thereof used or designed for the
housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this
definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be
occupied by said persons.
Hotel: A building used or intended to be used as living quarters for transient guests, but not excluding
permanent guests, and may include a cafe, drugstore, clothes pressing shop, barbershop or other service facilities
for the guests for compensation. This definition does not include bed and breakfast and boarding houses.
Household Appliance Service and Repair: The maintenance and rehabilitation of appliances customarily used
in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash
compactors, ovens and ranges, countertop kitchen appliances, and vacuum cleaners.
Identification Sign: A sign whose purpose is to identify:
a. Street Address Sign/Markers: Address signs are composed of a numeric address and street or complex
name. Street markers are signs adjacent to streets required by local government.
b. On-Premise Business Signs: Any sign which relates to the premises on which it is located, referring
exclusively to the location, event, person, product, good, service, or activity of those premises, or the
sale, lease or construction of those premises.
c. Personal or Professional Signs and Nameplates: Any sign that lists exclusively a name or names
(including family/farm name signs).
Illegal Sign: A sign erected without a required permit, without the property owner's permission, or any sign
not meeting the requirements established in this UDC.
Impervious Coverage: Impervious cover means impermeable surfaces which prevent the infiltration of water
into the underlying soil and bedrock (such as pavement, concrete or rooftops).
Industrialized Home: See "Modular Home".
In-Home Day Care: A home occupation that provides care for less than twenty-four (24) hours a day to no
more than six (6) children under the age of fourteen (14), plus no more than six (6) additional elementary school-
age children (age five (5) to thirteen (13)). The total number of children, including the caretaker's own children, is
no more than twelve (12) at any time. This use is subject to registration with the Texas Department of Protective
and Regulatory Services.
Insurance Office: A building or facility used for the sales, management, and administration of insurance
services, including the estimation of automobile damages, but excluding on-site parking/storage of damaged
vehicles.
Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4) or more
children at any one (1) time during part of a twenty-four (24) hour day, which provides a program of instruction for
children below the first grade level in which constructive endeavors, object lessons and helpful games are
prominent features of the curriculum.
Landfill: A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste
that is not hazardous, medical, or radioactive.
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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.
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.
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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 deeds 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.
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.
Microbrewery/Brewpub: A facility authorized to manufacture, brew, bottle, can, package, and label beer; and
sell or offer without charge, on the premise of the brew pub, beer produced by the holder, in or from lawful
containers to the extent the sales or offers are allowed under the holder's primary Texas Alcoholic Beverage
Commission license. The development may include other uses such as a standard restaurant, bar or live
entertainment as otherwise permitted in the zoning district.
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Mini-Warehouse/Public Storage: A building(s) containing separate, individual self-storage units for rent or
lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual
storage unit.
Miscellaneous Hazardous Industrial Use: Any industrial use not specifically defined in this section that is
determined by Health, Fire or building officials to be a hazard or nuisance to adjacent property or the community
at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger
of fire, explosion, or radiation.
Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more
sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in
length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis designed to
be used as a dwelling with or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning and electrical systems.
Modular Home: A dwelling that is manufactured in two (2) or more modules at a location other than the
home site and which is designed to be used as a residence when the modules are transported to the home site and
joined together and installed on a permanent foundation system in accordance with the appropriate Building
Codes of the City including plumbing, heating/air conditioning and electrical systems to be contained in the
structure. The term modular home shall not mean nor apply to a mobile home as defined in the Texas
Manufactured Housing Standards Act, nor is it to include building modules incorporating concrete or masonry as a
primary component.
Monopole Tower: A self-supporting tower facility composed of a single spire used to support
telecommunication antennas. Monopole towers cannot have guy wires or bracing.
Monument Sign: A permanent freestanding ground sign whose base is directly on the ground or has a
maximum of twelve inches (12") of clearance from the adjacent grade.
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.
Museum: An Institution devoted to the procurement, care, study, and display of objects of lasting value or
interest.
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.
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a. One-foot non-access easement: The limitation of public access rights to and from properties abutting a
highway or street by restricting curb cuts and access to rear or side of property when the property has
another dedicated access to a public right-of-way.
b. One-foot partial access easement: The limitation of public access rights to and from properties abutting
a highway or street only by use of portable ramps, and restricting curb cuts when the property has
another dedicated access to public right-of-way.
c. Non-access easement: A designated area abutting a development which may be considered to have a
deprecating and/or potentially dangerous effect to the property because it backs up to a railroad right-
of-way, gas line, etc.
Noncommercial Farm or Hobby Farm: An agricultural operation whose income is incidental to the total
household income of the occupants who are usually commuter suburbanites. Products produced are for the
consumption by owner or provide insignificant income.
Non-Conforming Sign: A sign that was legally installed or modified in accordance with local laws, codes,
ordinances and approvals in effect at the time of installation or last significant 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.
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Packaging/Mailing Store: An establishment where services are provided for the mailing and packaging of
parcels. These services may include U.S. mail, UPS, FedEx and other similar services. Incidental uses may also
include, but not limited to, copy services, printing, and stationary supplies.
Parking Spaces: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle,
with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of
a motor vehicle.
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.
Pet Store: A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats,
fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep, and poultry.
Pharmacy: A business substantially devoted only to the sale of pharmaceutical items, supplies, and
equipment such as prescription.
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 Building Sales: An establishment which factory-manufactured portable buildings, such as
manufactured homes and jobsite offices, are displayed and offered for sale, lease, or order to the general public.
Post Office: A facility that contains service windows for mailing packages and letters, post office boxes,
offices, vehicle storage areas, and sorting and distribution facilities for mail.
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.
Power Storage System: A facility or installation whose primary function is to store produced electrical energy,
regardless of source.
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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.
Public Infrastructure: Infrastructure that is generally for public use to include but not be limited to
improvements of the following: water system (including water distribution lines, fire hydrants, valves and
associated devices), wastewater (including lines, manholes, and lift stations), drainage system (including drainage
easements, channels, storm sewer lines and inlets and associated landscaping), sidewalks, and roadways.
Public Schools: include elementary, intermediate, middle, junior high, high and alternate schools operated by
a public school district but does not include administrative and support facilities and buildings not located on a
school campus or do not solely support one campus.
Public Water and Wastewater Facility: Any reservoirs, towers, tanks, pump stations or other related
appurtenances used for the purpose of providing potable water or wastewater utility service. Occupiable space is
not considered a part of the public water and/or wastewater facility.
Public Works Specification Manual: The Public Works Specification Manual includes the Public Works Design
and Construction Standards Guide, Lift Station Design Guide, Standard Construction Details, and Public Works
Technical Specifications.
Railroad/Bus Station Terminal: A facility for the boarding of bus and/or railroad passengers and related
ticketing sales and offices.
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.
Recreational Vehicle Sales and Service: An establishment dedicated to the sales, service, and displaying of
recreational vehicles.
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
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others who will use those materials to manufacture new products. The materials are stored on-site in bins or
trailers for shipment to market.
Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for temporary
storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in
a shopping center parking lot or in other public/quasi-public areas such as in churches and schools.
Recycling Facility: A building or site that is not a salvage yard and in which recoverable resources, such as
newspapers, magazines, books, and other paper products, glass, metal cans, and other products are collected,
stored and recycled, reprocessed, and treated to return such products to a condition in which they may again be
used for production.
Regulatory Flood Protection Elevation: The elevation of the regulatory flood plus one (1') foot of freeboard to
provide a safety factor.
Rehabilitation Care Facility: A facility which provides residence and care to persons who have demonstrated
a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct.
Restaurant or Cafeteria: An establishment where food and drink are prepared and consumed primarily on
the premises. Drive-up windows are permitted.
Restaurant, Drive-In: An eating establishment where food or drink is served to customers in motor vehicles
or where facilities are provided on the premise which encourage the serving and consumption of food in
automobiles on or near the restaurant premises.
Retail Food Store: A retail establishment selling meats, fruits, vegetables, bakery products, dairy products,
light hardware and other similar items which are purchased for use and/or consumption off the premises; may be
a drive-in or supermarket type.
Retail Stores and Shops: An establishment engaged in the selling of goods and merchandise to the general
public for personal or household consumption and rendering services incidental to the sale of such goods.
Right-of-Way: The right of passage acquired for or by the public through dedication, purchase or
condemnation and intended to provide pedestrian and vehicular access to abutting lots, tracts or areas which may
also be used for utilities and to provide for drainage ways.
Road: See the definition of "Street".
Roof Sign: Any sign wholly erected on, affixed to or supported by a roof of a building.
Safety Lanes: Paved easements granted to the City, to the public generally, emergency vehicles and/or to a
private utility corporation, for installing or maintaining utilities across, over or under private land, together with
the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. These
easements may at times be referred to as fire lanes. Safety lanes may also be used as ingress and egress to the
property.
Sandwich Board Sign: See "A" Frame Sign.
Satellite Antenna: An antenna, greater than one (1) meter in diameter, which enables the transmission of
signals directly to and from satellites. Such antennas are commonly known as a satellite dish, dish antenna,
parabolic antenna, or satellite earth station antenna.
Satellite Receive-Only Antenna: An antenna, one (1) meter or less in diameter that enables the receipt of
television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are
commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite
earth station antenna.
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School, Private: A school operated by a private or religious agency or corporation other than an independent
school district, having a curriculum generally equivalent to a public elementary or secondary school.
School, Public: A school operated by an independent school district or charter school and providing
elementary or secondary curriculum.
Secured (Gated) Community: A residential area surrounded by a masonry or wrought iron fence with at least
two (2) entrances, electrically or manually controlled gates and administered by a Homeowners Association.
Setback: The minimum distance specified by this UDC from the front, rear, and side lot lines, and extending
across the full width of the lot, on which no building or structure may be erected.
Sexually Oriented Business: A business described as such in, and regulated by, Chapter 74 of the Code of
Ordinances, as amended from time to time
Shopping Center: A development containing a grouping of retail, service, and/or other commercial
establishments in one (1) or more buildings on one (1) or more legally platted lots and constructed and designed to
utilize shared parking and access.
Sign: A name, identification, description, display, or illustration which is affixed directly or indirectly upon the
exterior of a building or structure or upon a piece of land which directs attention to an object, location, event,
person, product, good, service, activity, institution, or business.
Sign Area: The area of any sign shall be the sum of the area enclosed by the minimum imaginary rectangles,
triangles, or circles which fully contain all extremities of the sign, including the frame, all words, numbers, figures,
devices, designs, or trademarks by which anything is made known, but excluding any supports. To compute the
allowable square footage of sign area, only one (1) side of a double-face sign shall be considered.
Sign Height: The vertical distance between the highest part of a sign or its supporting structure, whichever is
higher, and the average established ground level beneath the sign.
Solar Energy: Radiant energy (direct, diffuse, and reflected) received from the sun.
Solar/Photovoltaic Facility: A structure, assembly, equipment, or any combination thereof relating to the
generation, transportation, and storage of solar energy. Pertains to standalone facilities and not solar equipment
that is added to residential structures.
Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision or
neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific
community and placed at the main entry to such community.
Site Plan: A development plan, drawn to scale, showing uses and structures proposed for a parcel of land
required by this UDC. This includes, but is not limited to, existing and proposed conditions of the lot and major
landscaping figures, the location of all existing and proposed buildings, lot lines, streets, driveways, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility service, landscaping, structures and signs,
lighting, screening devices and other information that may be reasonably required in order to make an informed
determination as opposed to a subdivision plan which relates to the layout of lots and parcels, platting of lots and
parcels and the provision of public facilities necessary to build a subdivision.
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
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on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets, and/or walkways; nor does it include excavation for basement,
footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions
of the building.
State: The State of Texas.
Stealth Facility: "Stealth" is a generic term describing a method that would hide or conceal an antenna,
supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely
compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas,
wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, alternative
tower structures, and camouflaged wireless facilities that are constructed to blend into the surrounding
environment.
Storage or Wholesale Warehouse: A building used primarily for the storage of goods and materials.
Story: That portion of a building, other than a basement, included between the surface of any floor and the
surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling
next above it.
Street: A strip of land comprising the entire paved area between the face of curbs and gutters and within the
right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than
one (1) lot.
Street, Collector: A roadway which collects traffic from local streets and connects within major/minor arterial
streets.
Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street.
Street, Major/Minor Arterial: A designated principal traffic thoroughfare more or less continuous across the
City, which is intended to connect remote parts of the City or areas adjacent thereto, and act as principal
connecting street with State and Federal highways.
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.
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Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its prior condition would equal or exceed fifty percent (50%) of the market value of the structure
before damage occurred.
Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the
cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of
construction" of the improvement. This includes structures which have incurred "substantial damage", regardless
of the actual repair work performed. The term does not, however, include either:
a. a project for improvement of a structure to correct existing violations of state or local health, sanitary,
or safety code specifications which have been identified by the local code enforcement official and
which are the minimum necessary conditions; or
b. any alteration of an "historic structure" provided that the alteration will not preclude the structure's
continued designation as an "historic structure".
Subdivider or Developer: Are synonymous and include any person, partnership, firm, association, corporation
(or combination thereof), or any officer, agent, employee, servant, or trustee thereof, who performs, or
participates in the performance of, any act toward the subdivision of land within the intent, scope and purview of
this UDC.
Subdivision: The division of any lot, tract or parcel of land into two (2) or more lots, tracts or parcels of land
for the purpose, whether immediate or future, of sale or rebuilding development, situated within the City's
corporate limits or within the ETJ. It also includes vacation and resubdivision of land or lots.
Surveyor: A State licensed land surveyor or registered public surveyor, as authorized by the state statutes, to
practice the profession of surveying.
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.
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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/Outdoor: 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.
Tool Rental: An establishment or business in which tools and accessories are offered or kept for rent, lease or
hire under agreement for compensation.
Townhouse: A single-family dwelling unit in a row of such structures and attached by one 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.
Truck Terminal: The premises used for loading or unloading of trucks upon which storage of cargo is
incidental to the primary function of motor freight shipment or shipment point and which is designed to
accommodate simultaneous loading or unloading. Such premises may include retail stores, facilities engaged in
fueling, servicing, repairing, washing, and/or parking of trucks, tractor trailers, or other heavy commercial vehicles.
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.
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Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building, including
window signs and signs on awnings and/or marquees.
Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or
other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or
riverine areas.
Welding/Machine Shop: A workshop where metal fabrication tools, including, but not limited to, welders,
lathes, presses, and mills are used for making, finishing, or repairing machines or machine parts.
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.
(Ord. No. 13-S-22 , § 9, 7-16-2013; Ord. No. 14-S-11 , § 1, 3-11-2014; Ord. No. 16-S-27 , § 10, 8-30-2016; Ord. No.
17-S-41 , § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018; Ord. No. 18-S-24 , § 1(Exh. A), 8-7-
2018)
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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.
Adult Media: Books, magazines, and other periodicals, or photographs, drawings, slides, films, and novelty
items which are distinguished or relating to specified sexual activities or specified anatomical areas.
Advertising: To convey information, to seek the attraction of or to direct the attention of the public to any
location, event, person, product, good, service, activity, institution or business.
Advertising Vehicle: Any vehicle which has as its primary purpose the advertisement of an event, person,
product, good, service, activity, institution or business, whether located on-premises or off-premises.
Agriculture: The use of land for the production and primary processing of food and fibers for sale, including
cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture, animal and poultry husbandry, and
such incidental accessory facilities as greenhouses and nurseries, provided that the operation of such accessory
facilities shall be clearly secondary to 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.
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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 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..
Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates
at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
Alternative Tower Structure: Clock towers, steeples, light poles and similar alternative-design mounting
structures that camouflage or conceal the presence of antennas or towers. See also the definition of "stealth
facility".
Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur radio station
license from the Federal Communications Commission.
Annexation: The act of incorporating an area into the domain of the City.
Antenna: A device used in communications, which transmits or receives radio signals, television signals,
digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or
other communication signals.
Antenna and/or Antenna Support Structure, commercial: An antenna and its support structure used for commercial
broadcasting or telecommunication purposes and the transmission, retransmission, and/or reception of
electromagnetic radio, television, or microwave signals. All radiating equipment must comply with Federal
Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety
Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines
for human safety, as they exist or may be amended. The antenna may be a tower, mast, pole, tripod or box frame.
Preferably the antenna may be in stealth form designed to be non-obtrusive, or virtually transparent or invisible to
the surrounding neighborhood. Stealth antennas include, but are not limited to:
a. antennas within a building's attic space;
b. on the roof of a minimum three 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.
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Antique Shop: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an
earlier period, with all sales and storage occurring inside a building.
Apartment: A dwelling unit in an apartment building.
Apartment Building: A building or portion thereof housing three (3) or more dwelling units.
Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that
formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appliance, Furniture and Home Furnishings Store: Retail establishments selling goods used for furnishing the
home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves, refrigerators, and other
household electrical and gas appliances.
Approved Plat: The plat of a subdivision which has been approved in accordance with the requirements of
this UDC and which has been filed for record with the county clerk in which the land lies.
Area of Shallow Flooding: A designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) for the
City and its ETJ with a one percent (1%) or greater chance of flooding in any given year to an average depth of one
(1) to three (3) feet where a clearly defined channel does not exit, where path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard: The land in the floodplain within the City and its ETJ subject to a one percent
(1%) 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 (10) 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.
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Automobile Repair, Major: General repairs or reconditioning of engines, air-conditioning systems, and
transmissions for motor vehicles; wrecker or towing service with on-site storage of vehicles; collision services
including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire
retreading; muffler services; upholstery shop; insurance estimations with on-site storage; undercoating and rust
proofing, and other similar uses.
Automobile Repair, Minor: An establishment used for the dispensing or sales of automobile fuels, lubricants,
and automobile accessories; the minor repair or replacement of parts and 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.
Bakery: A retail establishment for preparing, cooking, baking, and selling products on the premises.
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 (1%) chance of being equaled or exceeded in any given year.
Basement: A story (or portion of a story) wholly or partly below curb level with at least one-half of its height
(measured from floor to ceiling) below the curb level. The curb level nearest to a story (or portion of a story) shall
be used to determine whether such story (or portion of a story) is a basement.
Beauty Salon/Barber Shop: An establishment primarily engaged in providing services generally involved in
the care of the person or his/her appearance including, but not limited to, barber and beauty shops, nail and
pedicure salons, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn: An owner (or operator) occupied residence with up to five (5) bedrooms available for
overnight guests. A Bed and Breakfast Inn may provide for guest stays up to 14 consecutive days; however, it shall
not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only;
however, no food preparation shall be permitted in guest bedrooms. A Bed and Breakfast Inn shall not include
restaurants, banquet facilities, or similar services.
Billboard: Any sign erected and used for, or designed to be used for, the display of advertising material for
the purpose of advertising a location, event, person, product, good, service, activity, institution or business not
located on the same premises as the billboard. Mobile advertising and hand-carried signs shall not be considered
as billboards.
Block: A tract of land bounded by streets or a combination of streets and public parks, or corporate
boundaries of the City.
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Board of Adjustment (BOA): The Board established by City Council under the City Charter 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.
Book Store: A retail establishment that, as a primary business, engages in the sale, rental, or other charge-
for-use books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other
printed or electronically conveyed information or media, excluding any adult media.
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 or more floors and a roof; and
c. is bounded by either open area or lot lines.
A building shall not include such structures as billboards, fences or radio towers, or structures with interior
surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or
similar structures.
Building Area: The total square footage on a lot covered by a building measured on a horizontal plane at
mean grade level.
Building, Detached: A building which is surrounded by yards or open space on its own building lot.
Building Envelope: The net cubic space that remains for placing a structure on a site after building line,
setback, side yard, height and bulk regulations are observed.
Building Height: The vertical distance between the average natural grade of the ground under the footprint
of a building and the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean
height level between the eaves and ridge for a gable, hip or gambrel roof. A chimney, cupola or dormer (four feet
or less in height), flagpole or residential television antenna shall be exempt from the above requirements.
Building Materials And Hardware Store: An establishment for the sale of materials customarily used in the
construction of buildings and other structures.
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.
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Carport: A roofed structure for use as an automobile shelter, open on at least two sides with inside
dimensions not less than 10' by 20'.
Car Wash, Automated: A facility where a customer can have a motorcycle, automobile and light load vehicle
washed in exchange for financial consideration.
Car Wash, Self Serve: A facility, typically coin operated, used by the customer to wash motorcycles,
automobiles and light load vehicles.
Cemetery or Mausoleum: Property used for the interring of the dead.
Church, Temple, Place of Worship: A building designed and used primarily for religious assembly and worship
and those accessory activities which are customarily associated therewith, and the place of residence for ministers,
priests, nuns or rabbis in a detached residential facility on the same premises, that is exempt from ad valorem
taxes as permitted by State law. For the purposes of this definition, bible study and other similar activities which
occur in a person's primary residence shall not be considered as a church, temple or place or worship.
City: The City of Schertz, Texas
City Council: The City Council of the City of Schertz, Texas.
City Engineer: A registered professional engineer employed or designated by the City to provide professional
engineering services for and on behalf of the City.
Civic/Convention Center: A building or complex of buildings used for cultural, recreational, athletic,
convention, or entertainment purposes.
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.
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Community Center: A building or portion of a building owned and/or operated by a government entity or
not-for-profit agency in which facilities are provided for civic, educational, political, or social purposes.
Community Service Sign: Any sign that solicits support for or advertises a non-profit community location,
event, person, product, good, service, institution or business, a public activity, location, event, person, product,
good, service institution or business.
Comprehensive Land Plan: The Comprehensive Land Plan of the City, as approved by the City Council and
including any unit or part of such plan separately adopted and any amendments to such plan or parts thereof.
Concrete/Asphalt Batching Plant: A permanent manufacturing facility for the production of concrete or
asphalt.
Convenience Store with Gas Pumps: A retail establishment that sells food and other consumable and non-
consumable products for off-premise use or consumption. This definition shall also include the dispensing or sale
of motor vehicle fuels, lubricants, and accessories, but shall not include automotive repair or the sale of
replacement parts.
Court: An open, unoccupied space bounded on more than two (2) sides by walls. An inner court is entirely
surrounded by the exterior walls of a building. An outer court has one (1) side open to a street, alley, yard or other
permanent open space.
Critical Feature: An integral and readily identifiable part of a flood protection system, without which the
flood protection provided by the entire system would be compromised.
Cul-de-sac: A street having but one (1) outlet to another street, and terminated on the opposite end by a
vehicular turn around.
Damaged Sign:
a. any sign where any portion of the finished material, surface or message area of the sign is visibly faded,
flaked, broken off, missing, cracked, splintered, defective or is otherwise deteriorated or in a state of
disrepair so as not to substantially appear as it was intended or designed to appear when originally
constructed; or
b. any sign whose elements or the structural support or frame members are visibly bent, broken, dented,
torn, twisted, leaning or at angles other than those at which it was originally erected.
Dance Hall/Night Club: An establishment open to the general public for entertainment; in particular, dancing.
Day Care Center: A commercial institution or place designed for the care of children or adults and is subject
to registration with the Texas Department of Protective and Regulatory Services. This use shall not include
overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school.
Dead End Street: A roadway, other than cul-de-sac, with only one (1) outlet.
Density: The number of units per acre that may be placed on a tract in a particular zoning district under
specified development conditions.
Department Store: A business conducted under a single owner’s name wherein a variety of unrelated
merchandise and services are housed, enclosed, and are exhibited and sold directly to the customer for whom the
goods and services are furnished.
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.
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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.
Distribution Center: A warehouse or storage facility where the emphasis is on processing and moving goods
on to wholesalers, retailers, or consumers rather than on storage.
Dormitory: Any structure specifically designed to house student tenants associated with a university, college
or school.
Dry Cleaning, Major: An industrial facility where fabrics are cleaned with substantially non-aqueous organic
solvents on a commercial or wholesale basis.
Dry Cleaning, Minor: A custom cleaning shop or pick-up station not exceeding six thousand (6,000) square
feet of floor area, including, but not limited to, dry cleaning plants having no more than one thousand five hundred
(1,500) square feet of floor area for dry cleaning equipment.
Dwelling: Any building or portion thereof which is designed for or used for residential purposes.
Dwelling, Duplex: A building designed for or occupied exclusively, but separately, by two (2) families.
Dwelling, Multifamily: A building or portion thereof containing three (3) or more dwelling units.
Dwelling, Single-Family: A building designed for or occupied exclusively by one (1) family.
Dwelling Unit: A room, or suite of two (2) or more rooms, designed or intended for use by an individual or
family in which culinary and sanitary convenience are provided for the exclusive use of such individual or family.
Easement: An acquired privilege or right-of-way use which one (1) person, business, entity and/or public
agency has across, over or under land of another person, business, entity and/or public agency.
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
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"family" does not include any organization or institutional group that receives federal or State funding for the care
of the individual.
Family Home: A community-based residential home operated by either the State of Texas, a nonprofit corporation,
a community center organized pursuant to State statute, or an entity which is certified by the State as a provider
for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical
impairments that substantially limit one (1) or more major life activities. To qualify as a family home, a home must
meet all of the following requirements:
a. not more than six (6) disabled persons and two (2) supervisory personnel may reside in a family home
at the same time;
b. the home must provide food and shelter, personal guidance, care, rehabilitation services, or
supervision; and
c. all applicable licensing requirements must be met.
Farmers Market: An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible
seeds, nuts, live plants, flowers, and honey for sale.
FEMA: Federal Emergency Management Agency.
Fire Lane: A concrete or asphalt driving surface identified for use by fire, EMS and other emergency vehicles
within and maintained by the owners of a manufactured home park, recreational vehicle park, apartment complex,
malls/shopping center, commercial or business area.
Flag: A piece of cloth, varying in size, shape, color, and design, usually attached at one edge to a staff or cord,
and used as the symbol of a nation, state, or organization, or as a means of signaling.
Flea Market, Inside: A building or structure wherein space is rented to vendors on a short-term basis for the
sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art
work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term
flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but
shall be deemed to include personal services establishments, food services establishments, retail sales
establishments, and auction establishments.
Flea Market, Outside: An outdoor site where space is rented to vendors on a short-term basis for the sale of
merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work,
small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea
market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall
be deemed to include personal services establishments, food services establishments, retail sales establishments,
and auction establishments.
Flood or Flooding: A general and temporary condition of partial or complete inundation of areas not ordinarily
covered by water due to:
a. the overflow of inland or tidal waters; or
b. the usual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): The official maps of the City and its ETJ on which the FEMA has delineated
both the areas of special flood hazards and the risk premium zones applicable to the areas mapped.
Flood Insurance Study: The official report provided by the FEMA. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.
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Flood Management: The operation of an overall program of corrective and preventive measures for reducing
flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain
management regulations.
Flood Management Regulations: Zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as the floodplain ordinance, grading ordinance and erosion control
ordinance) and other applications of police power. The term describes such State or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Flood Protection System: Those physical structural works for which funds have been authorized,
appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce
the extent of the area within the City and its ETJ subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood
modifying works are those constructed in conformance with sound engineering standards.
Flood Proofing: Any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Floodplain: Any land area susceptible to being inundated by water from any source.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height.
Florist: Retail business whose principal activity is the selling of plants which are not grown on the site and
conducting business within an enclosed building.
Fraternity, Sorority, Civic Club or Lodge: An organized group having a restricted membership and specific
purpose related to the welfare of the members including, but not limited to, Elks, Masons, Knights of Columbus,
Rotary International, Shriners, or a labor union.
Fraternity, Sorority or Group Student House: A building occupied by and maintained exclusively for students
affiliated with an academic or vocational institution.
Freestanding Sign: A sign that is not attached to a building and which is self supporting by use of a pole,
mast, pylon or other similar vertical support structure and has a minimum of thirty-six (36) inches of ground
clearance.
Frontage: All the property on one (1) side of a street between two (2) intersecting streets (crossing or
terminating) measured along the line of the street, or if the street is dead-ended, then all the property abutting on
one (1) side between an intersecting street and the dead end of the street.
Furniture Sales: Retail business whose principal activity is the selling of finished furniture products and
conducting business within an enclosed building.
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.
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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.
Gated Community: Residential areas that restrict access to normally public spaces. The type of gates can
range from elaborate guard houses to similar electronic arms. Residents may enter by electronic cards,
identification stickers, codes, or remote-control devices. Visitors must stop to be verified for entry.
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.
Government Facilities: A building or structure owned, operated, or occupied by governmental agency to
provide a governmental service to the public.
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.
Hazardous Material: Any substance that because of its quantity, concentration, or physical or chemical
characteristics, poses a significant present or potential hazard to human health and safety or to the environment.
This term includes but is not limited to hazardous wastes.
Hazardous Waste: Any refuse or discarded material or combinations of refuse or discarded materials in solid,
semisolid, liquid, or gaseous form which cannot be handled by routine waste management techniques because
they pose a substantial present or potential hazard to human health or other living organisms because of their
chemical, biological, or physical properties. Categories of hazardous waste include but are not limited to
explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include sewage
sludge and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as
amended.
Health/Fitness Center: A public or private facility operated to promote physical health and fitness. Activities
may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or
combination of uses or facilities typically include, but are not limited to, game courts, weight lifting and exercise
equipment, aerobics, swimming pools and spas, and running or jogging tracts.
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Heavy Equipment Service and Sales, or Rental: An establishment providing Sales, Service, or Rental of
movable or transportable vehicles or other apparatus commonly used in commercial, industrial, or construction
enterprises, such as but not limited to trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts.
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 Improvement Center: An establishment providing the sale or rental of building supplies, construction
equipment, or home decorating fixtures and accessories. This term includes a lumber yard or a contractors’
building supply business and may include outdoor storage or tool and equipment sales or rental. This term does
not include an establishment devoted exclusively to the retail sale of paint, wallpaper, or hardware or activities
classified under vehicle/equipment sales and services, including vehicle towing services.
Home Occupation: Any occupation or activity carried on by a member of the immediate family, residing on
the premises, which there is no sign used relating to the business or no display that will indicate from the exterior
that the building is being utilized in part for any purpose other than that of a dwelling, and there is no commodity
sold upon the premises; no person is employed other than a member of the immediate family residing on the
premises; and no mechanical equipment is used except of a type that is similar in character to that normally used
for purely domestic or household purposes.
Homeowners Association: An organization formed for the maintenance and operation of the common areas
of the development. The membership in the association must be automatic with the purchase of a dwelling unit or
other property in the development.
Hospital, Sanitarium, Nursing or Convalescent home: A building or portion thereof used or designed for the
housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this
definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be
occupied by said persons.
Hotel: A building used or intended to be used as living quarters for transient guests, but not excluding
permanent guests, and may include a cafe, drugstore, clothes pressing shop, barbershop or other service facilities
for the guests for compensation. This definition does not include bed and breakfast and boarding houses.
Household Appliance Service and Repair: The maintenance and rehabilitation of appliances customarily used
in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash
compactors, ovens and ranges, countertop kitchen appliances, and vacuum cleaners.
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Identification Sign: A sign whose purpose is to identify:
a. Street Address Sign/Markers: Address signs are composed of a numeric address and street or complex
name. Street markers are signs adjacent to streets required by local government.
b. On-Premise Business Signs: Any sign which relates to the premises on which it is located, referring
exclusively to the location, event, person, product, good, service, or activity of those premises, or the
sale, lease or construction of those premises.
c. Personal or Professional Signs and Nameplates: Any sign that lists exclusively a name or names
(including family/farm name signs).
Illegal Sign: A sign erected without a required permit, without the property owner's permission, or any sign
not meeting the requirements established in this UDC.
Impervious Coverage: Impervious cover means impermeable surfaces which prevent the infiltration of water
into the underlying soil and bedrock (such as pavement, concrete or rooftops).
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.
Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4) or more
children at any one (1) time during part of a twenty-four (24) hour day, which provides a program of instruction for
children below the first grade level in which constructive endeavors, object lessons and helpful games are
prominent features of the curriculum.
Landfill: A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste
that is not hazardous, medical, or radioactive.
Landscape: Covering, adorning, or improving property with living plants (such as trees, shrubs, vines, grass or
flowers), loose natural materials (such as rock, wood chips or shavings), decorative manmade material (such as
patterned paving materials, fences, walls, fountains, or pools), or land contouring. "Landscape" does not include
improving property with artificial trees, shrubs, turf or other artificial plants.
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.
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b. Livestock shall be kept in a stable, shed, pen or other enclosure wherever located within the City,
which shall be distance of at least one hundred feet (100') for every building/structure (other than the
owner of such livestock) used for sleeping, dining and living, and shall be kept in such a manner as will
be reasonably calculated not be offensive to neighbors or to the public.
c. Swine are prohibited.
d. The Code of Ordinances may include further restrictions.
Loading Dock Space: A space within the main building, or on the same lot therewith, providing for the
standing, loading or unloading of trucks and having a minimum dimension of twelve by thirty-five feet (12' x 35')
and a vertical clearance of at least fourteen feet (14').
Locksmith/Security System Company: Establishments primarily engaged in providing, installing, repairing,
and/or monitoring locks and electronic security systems.
Lot: A physically undivided tract or parcel of land having frontage on a public street or other approved access
and which is, or in the future may be, offered for sale, conveyance, transfer or improvements; which is designated
as a distinct and separate tract; and/or, which is identified by a tract or lot number or symbol in a duly approved
subdivision plat which has been properly recorded.
Lot Depth: The distance of a line connecting the midpoints of the front and rear lot lines, which line shall be
at right angle to the front lot or radial to a curved lot line.
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 deeds 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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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.
Microbrewery/Brewpub: A facility authorized to manufacture, brew, bottle, can, package, and label beer; and
sell or offer without charge, on the premise of the brew pub, beer produced by the holder, in or from lawful
containers to the extent the sales or offers are allowed under the holder's primary Texas Alcoholic Beverage
Commission license. The development may include other uses such as a standard restaurant, bar or live
entertainment as otherwise permitted in the zoning district.
Mini-Warehouse/Public Storage: A building(s) containing separate, individual self-storage units for rent or
lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual
storage unit.
Miscellaneous Hazardous Industrial Use: Any industrial use not specifically defined in this section that is
determined by Health, Fire or building officials to be a hazard or nuisance to adjacent property or the community
at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger
of fire, explosion, or radiation.
Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more
sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in
length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis designed to
be used as a dwelling with or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning and electrical systems.
Modular Home: A dwelling that is manufactured in two (2) or more modules at a location other than the
home site and which is designed to be used as a residence when the modules are transported to the home site and
joined together and installed on a permanent foundation system in accordance with the appropriate Building
Codes of the City including plumbing, heating/air conditioning and electrical systems to be contained in the
structure. The term modular home shall not mean nor apply to a mobile home as defined in the Texas
Manufactured Housing Standards Act, nor is it to include building modules incorporating concrete or masonry as a
primary component.
Monopole Tower: A self-supporting tower facility composed of a single spire used to support
telecommunication antennas. Monopole towers cannot have guy wires or bracing.
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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.
Museum: An Institution devoted to the procurement, care, study, and display of objects of lasting value or
interest.
Neon Sign: Any sign containing exposed transparent or translucent tubing illuminated by neon, argon or a
similar gas on or near the exterior of a building or window. This shall not include those signs lighted by an internal
light source and designed so that the rays go through the face of the sign.
Non-access Easement: The limitation of public access rights to and from properties abutting a highway or street, by
restricting curb cuts and access to rear or side of property or to an area abutting a developed area that may have a
deprecating and/or potentially dangerous effect on the developed properties.
a. One-foot non-access easement: The limitation of public access rights to and from properties abutting a
highway or street by restricting curb cuts and access to rear or side of property when the property has
another dedicated access to a public right-of-way.
b. One-foot partial access easement: The limitation of public access rights to and from properties abutting
a highway or street only by use of portable ramps, and restricting curb cuts when the property has
another dedicated access to public right-of-way.
c. Non-access easement: A designated area abutting a development which may be considered to have a
deprecating and/or potentially dangerous effect to the property because it backs up to a railroad right-
of-way, gas line, etc.
Noncommercial Farm or Hobby Farm: An agricultural operation whose income is incidental to the total
household income of the occupants who are usually commuter suburbanites. Products produced are for the
consumption by owner or provide insignificant income.
Non-Conforming Sign: A sign that was legally installed or modified in accordance with local laws, codes,
ordinances and approvals in effect at the time of installation or last significant 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
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contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and
storage is permitted.
Nursery, Minor: A retail business for the display and/or sale of small trees, shrubs, flowers, ornamental
plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside
storage or display.
Off-Premise Sign: Any sign displaying advertising copy that pertains to a business, person, organization,
activity, event, place, service or product not principally located or primarily manufactured or sold on the premises
on which the sign is located.
Office Showroom: A building that primarily consists of sales offices and sample display areas for products
and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate.
Incidental retail sales of products associated with the primary products and/or services are permitted.
Office-Warehouse: A building primarily devoted to the storage, warehousing, and distribution of goods,
merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices,
and display area for products sold and distributed from the storage and warehousing areas.
On-Premise Sign: Any sign relating to the premises on which it is located referring to events, persons,
products, goods, services, activities, institutions or businesses on or offered on such premises, or the sale, lease, or
construction of such premises.
Open Space: The part of the countryside which has not been developed and which is desirable for
preservation in its natural state for ecological, historical or recreational purposes, or in its cultivated state to
preserve agricultural, forest or urban greenbelt areas.
Packaging/Mailing Store: An establishment where services are provided for the mailing and packaging of
parcels. These services may include U.S. mail, UPS, FedEx and other similar services. Incidental uses may also
include, but not limited to, copy services, printing, and stationary supplies.
Parking Spaces: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle,
with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of
a motor vehicle.
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.
Pet Store: A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats,
fish, birds, and reptiles, excluding farm animals such as horses, goats, sheep, and poultry.
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Pharmacy: A business substantially devoted only to the sale of pharmaceutical items, supplies, and
equipment such as prescription.
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 Building Sales: An establishment which factory-manufactured portable buildings, such as
manufactured homes and jobsite offices, are displayed and offered for sale, lease, or order to the general public.
Post Office: A facility that contains service windows for mailing packages and letters, post office boxes,
offices, vehicle storage areas, and sorting and distribution facilities for mail.
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.
Power Storage System: A facility or installation whose primary function is to store produced electrical energy,
regardless of source.
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.
Public Infrastructure: Infrastructure that is generally for public use to include but not be limited to
improvements of the following: water system (including water distribution lines, fire hydrants, valves and
associated devices), wastewater (including lines, manholes, and lift stations), drainage system (including drainage
easements, channels, storm sewer lines and inlets and associated landscaping), sidewalks, and roadways.
Public Schools: include elementary, intermediate, middle, junior high, high and alternate schools operated by
a public school district but does not include administrative and support facilities and buildings not located on a
school campus or do not solely support one campus.
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Public Water and Wastewater Facility: Any reservoirs, towers, tanks, pump stations or other related
appurtenances used for the purpose of providing potable water or wastewater utility service. Occupiable space is
not considered a part of the public water and/or wastewater facility.
Public Works Specification Manual: The Public Works Specification Manual includes the Public Works Design
and Construction Standards Guide, Lift Station Design Guide, Standard Construction Details, and Public Works
Technical Specifications.
Railroad/Bus Station Terminal: A facility for the boarding of bus and/or railroad passengers and related
ticketing sales and offices.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.
Recreational Vehicle Sales and Service: An establishment dedicated to the sales, service, and displaying of
recreational vehicles.
Recycling Collection Center: A building and/or site in which source separated recoverable materials, such as
newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled prior to shipment to
others who will use those materials to manufacture new products. The materials are stored on-site in bins or
trailers for shipment to market.
Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for temporary
storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in
a shopping center parking lot or in other public/quasi-public areas such as in churches and schools.
Recycling Facility: A building or site that is not a salvage yard and in which recoverable resources, such as
newspapers, magazines, books, and other paper products, glass, metal cans, and other products are collected,
stored and recycled, reprocessed, and treated to return such products to a condition in which they may again be
used for production.
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 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.
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Road: See the definition of "Street".
Roof Sign: Any sign wholly erected on, affixed to or supported by a roof of a building.
Safety Lanes: Paved easements granted to the City, to the public generally, emergency vehicles and/or to a
private utility corporation, for installing or maintaining utilities across, over or under private land, together with
the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. These
easements may at times be referred to as fire lanes. Safety lanes may also be used as ingress and egress to the
property.
Sandwich Board Sign: See "A" Frame Sign.
Satellite Antenna: An antenna, greater than one (1) meter in diameter, which enables the transmission of
signals directly to and from satellites. Such antennas are commonly known as a satellite dish, dish antenna,
parabolic antenna, or satellite earth station antenna.
Satellite Receive-Only Antenna: An antenna, one (1) meter or less in diameter that enables the receipt of
television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are
commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite
earth station antenna.
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.
Solar Energy: Radiant energy (direct, diffuse, and reflected) received from the sun.
Solar/Photovoltaic Facility: A structure, assembly, equipment, or any combination thereof relating to the
generation, transportation, and storage of solar energy. Pertains to standalone facilities and not solar equipment
that is added to residential structures.
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Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision or
neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific
community and placed at the main entry to such community.
Site Plan: A development plan, drawn to scale, showing uses and structures proposed for a parcel of land
required by this UDC. This includes, but is not limited to, existing and proposed conditions of the lot and major
landscaping figures, the location of all existing and proposed buildings, lot lines, streets, driveways, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility service, landscaping, structures and signs,
lighting, screening devices and other information that may be reasonably required in order to make an informed
determination as opposed to a subdivision plan which relates to the layout of lots and parcels, platting of lots and
parcels and the provision of public facilities necessary to build a subdivision.
Stable, Commercial: A stable used for the rental of stall space or for the sale or rental of horses or mules.
Start of Construction (includes substantial improvements): The date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days of the permit date. The actual start means either the first placement of permanent
construction or a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets, and/or walkways; nor does it include excavation for basement,
footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions
of the building.
State: The State of Texas.
Stealth Facility: "Stealth" is a generic term describing a method that would hide or conceal an antenna,
supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely
compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas,
wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, alternative
tower structures, and camouflaged wireless facilities that are constructed to blend into the surrounding
environment.
Storage or Wholesale Warehouse: A building used primarily for the storage of goods and materials.
Story: That portion of a building, other than a basement, included between the surface of any floor and the
surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling
next above it.
Street: A strip of land comprising the entire paved area between the face of curbs and gutters and within the
right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than
one (1) lot.
Street, Collector: A roadway which collects traffic from local streets and connects within major/minor arterial
streets.
Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street.
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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.
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.
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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/Outdoor: 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.
Tool Rental: An establishment or business in which tools and accessories are offered or kept for rent, lease or
hire under agreement for compensation.
Townhouse: A single-family dwelling unit in a row of such structures and attached by one 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.
Truck Terminal: The premises used for loading or unloading of trucks upon which storage of cargo is
incidental to the primary function of motor freight shipment or shipment point and which is designed to
accommodate simultaneous loading or unloading. Such premises may include retail stores, facilities engaged in
fueling, servicing, repairing, washing, and/or parking of trucks, tractor trailers, or other heavy commercial vehicles.
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.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
Schertz, Texas, Unified Development Code Created: 2022-09-12 11:25:14 [EST]
(Supp. No. 6)
Page 24 of 25
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.
Veterinarian Clinic and/or Kennel, Indoor: An establishment, with no outside pens, where animals and pets
are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred,
boarded, trained, or sold for commercial purposes.
Veterinarian Clinic and/or Kennel, Outdoor: An establishment with outside pens, where animals and pets are
admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred,
boarded, trained, or sold for commercial purposes.
Visibility Triangle: The triangular sight area from the corner of converging streets to a distance of 25 feet
along each street with the triangle completed by drawing a line through the property from both 25 foot points on
the converging streets.
Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building, including
window signs and signs on awnings and/or marquees.
Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or
other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or
riverine areas.
Welding/Machine Shop: A workshop where metal fabrication tools, including, but not limited to, welders,
lathes, presses, and mills are used for making, finishing, or repairing machines or machine parts.
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.
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
Schertz, Texas, Unified Development Code Created: 2022-09-12 11:25:14 [EST]
(Supp. No. 6)
Page 25 of 25
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.
(Ord. No. 13-S-22 , § 9, 7-16-2013; Ord. No. 14-S-11 , § 1, 3-11-2014; Ord. No. 16-S-27 , § 10, 8-30-2016; Ord. No.
17-S-41 , § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018; Ord. No. 18-S-24 , § 1(Exh. A), 8-7-
2018)
Ord. 24-S-04
UDC Amendments to Article 16
Samuel Haas| SENIOR PLANNER
•Uses in Article 5 with no definition
•Definitions in Article 16 that are found no where
in UDC
•23 additions, 7 removals, 1 revision
Background
•Adult Media
•Bakery
•Book Store
•Department Store
•Florist
•Furniture Sales
•Gated Community
•Government Facilities
•Hazardous Material
•Hazardous Waste
•Heavy Equipment Service and Sales, or Rental
•Home Improvement Center
•Microbrewery/Brewpub
Additions
•Museum
•Pet Store – Planning and Zoning requested a change to the
definition here.
•Pharmacy
•Portable Building Sales
•Post Office
•Public Works Specification Manual
•Railroad/Bus Station Terminal
•Recreational Vehicle Sales and Service
•Tool Rental
•Truck Terminal
Additions Continued…
Removals
•Boarding House
•Convalescent Home
•Filling, Retail Service Station
•Industrialized Home
•Insurance Office
•Retail Food Store
•Variety Store
Revisions
•Alley
“A 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.”
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;
•The UDC functions better when there is continuity throughout the code
•Not properly defining uses in the Permitted Use Table opens the door for
interpretation, and thus creates the potential for inconsistency
2. An amendment to the text is consistent with other policies of
this UDC and the City
•The main purpose of these amendments is to provide consistency.
Criteria of Approval Sec. 21.4.7.D
3. Any proposed amendment is consistent with the goals and
objectives of this UDC and the City.
The City of Schertz Strategic Plan’s Operational Values.
•"Proactive means initiating change by anticipating future situations in order to make
things happen“
•"continuously improving and evolving“
•"forward thinking“
•"the ability to forecast and meet needs even before the customer identifies them"
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.
Public hearing provides the opportunity for the Planning and Zoning commission to
determine this.
Criteria of Approval Sec. 21.4.7.D
Staff Recommendation
•These amendments would provide consistency in the UDC
particularly between Article 5 and Article 16.
•They would also help clarify the UDC and make it easier to
use.
•S taff recommends approval of the amendments to the
Unified Development Code (UDC) as proposed and
discussed.
•The Planning and Zoning Commission met on February 7,
2024, and made a recommendation of approval with a
condition that “Pet Store” be changed with a 7 -0 vote.
COMMENTS & QUESTIONS
Agenda No. 7.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 5, 2024
Department:Planning & Community Development
Subject:
Ordinance 24-S-05 – Conduct a public hearing and consider a request to rezone
approximately 26.11 acres of land from Single-Family Residential / Agricultural
District (R-A) to General Business District (GB), a portion of 11209 E FM 1518
generally located 600ft northwest of the intersection of Lisa Meadows and FM
1518, City of Schertz Bexar County, Texas, also known as Bexar County Property
Identification Number 308363. First Reading. (B.James/L.Wood/S.Haas).
BACKGROUND
The applicant is proposing to rezone approximately 26.11 acres of land, a portion of 11209 E FM
1518 from Single-Family Residential / Agriculture District (R-A) to General Business District (GB).
Currently, the subject property is utilized for residential / agricultural. The proposed zone change to
General Business District (GB) per the letter of intent, is being requested in order to develop a
Commercial Multi-Sport Complex.
On January 22, 2024 a total of five (5) Public Hearing Notices were sent out to the surrounding
properties that are within the 200-foot notification buffer. At the time of this staff report, (0) responses
in favor, (0) responses neutral, and (0) responses in opposition have been received. A public hearing
notice was published in the San Antonio Express on February 14, 2024.
GOAL
The purpose of this request is to allow for the property to be rezoned from Single-Family Residential /
Agricultural District (R-A) to General Business District (GB) to allow for the permitted use
of Commercial Amusement Indoor in which the applicant is proposing a Commercial Multi-Sport
Complex.
COMMUNITY BENEFIT
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the
City’s vision of future growth.
SUMMARY OF RECOMMENDED ACTION
When evaluating zone change requests, staff uses the criteria found in UDC Section 21.5.4.D
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 .
The subject property was designated as Air Installation Compatible as part of the 2013 Sector Plan
Amendment, the City's Unified Development Code Sec. 21.5.9 A.1 states that Air Installation
Compatibility is established to provide control on encroachment around the military air field. The 2013
Sector Plan is vague on the appropriate zoning and land uses for the Air Installation Compatibility
zone. However, in the Framework Implementations Recommendation section, the Sector Plan
recommends that staff analyze and make recommendations at the time of development applications for
the Air Installation Compatible Zone. Staff received a formal letter of approval from JBSA stating that
the base has no objection to the rezone but does require the developer to maintain a 20' - 30' clear zone.
As JBSA has approved the rezone staff concurs with JBSA and feels that the rezone is compatible with
the 2013 Sector Plan and the Comprehensive Land Use Plan.
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.
As part of promoting safe, orderly, efficient and healthful development, the City encourages the zoning
be compatible with the surrounding uses to alleviate any negative impact. FM 1518 is classified in the
Master Thoroughfare Plan as a Principal Arterial at this time TXDOT is beginning the process to widen
it. The classification of a principal arterial is becoming realized and the trajectory of the FM 1518
corridor is one that will see significant commercial activity. As a result, the proposed General Business
zoning aligns more closely with the direction that this corridor is heading.
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.
While the adjacent properties are zoned Single-Family Residential Agriculture, the wider area in this
section of FM 1518 has established commercial districts. Given this, and the fulfillment of FM 1518 as a
principal arterial, the proposed General Business zone change is consistent with the immediate area and
the future development of the corridor.
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 .
To the best of staff's knowledge, this zone change should have minimal impact on the public services,
to include schools, fire, police, sanitation services, as well as existing water and wastewater systems.
The subject property is directly adjacent to the FM 1518 Right-of-way. At this time, a TXDOT project
to improve FM 1518 is underway. The project will widen FM 1518 into two travel lanes in each
direction with a center median which will be able to accommodate any additional impact that this
proposed zone change will create.
5. Whether there have been environmental and/or economical changes which warrant the
requested change.
The current TXDOT project to improve and widen FM 1518, and the added traffic that this road will
accommodate, will have an economic impact for the commercial uses in this area. Staff has determined
that the potential benefit for businesses warrants this zone change.
6. Whether there is an error in the original zoning of the property for which a change is requested.
The was no error in the original zoning of this property.
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 taxes are paid in full).
This does not impact consideration for the first reading from City Council.
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.
The upcoming public hearing will provide a format for which City Council can hear other potential
issues and public opinion.
The proposed zone change meets each of the requirements set forth by the City's Unified Development
Code, is consistent with the current Sector Plan, and is compatible with the surrounding zoning district
and uses. The Planning and Engineering Department have reviewed the zone change with no objection
and JBSA has no concerns regarding the proposed rezone to General Business District (GB). Therefore,
Staff recommends approval of the proposed rezoning from Single-Family Residential / Agricultural
District (R-A) to General Business District (GB).
The Planning and Zoning Commission met on February 7th, 2024 and made a recommendation of
approval by a 7-0 vote.
RECOMMENDATION
Approval of Ordinance 24-S-05
Attachments
Ordinance 24-S-05 With Attachments
Aerial Exhibit
Public Hearing Notice Map
City Council Presentation Slides
ORDINANCE NO. 24-S-05
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING
APPROXIMATELY 26 ACRES OF LAND FROM SINGLE-FAMILY
RESIDENTIAL / AGRICULTURAL DISTRICT (R-A) TO GENERAL
BUSINESS DISTRICT (GB) GENERALLY LOCATED 600 FEET
NORTHWEST OF THE INTERSECTION OF LISA MEADOWS AND FM
1518, CITY OF SCHERTZ BEXAR COUNTY, TEXAS, ALSO KNOWN AS
BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 308363.
WHEREAS, an application to rezone approximately 26 acres of land from Single-Family
Residential / Agricultural District (R-A) to General Business District (GB), a portion of 11209 E
FM 1518 generally located 600 feet northwest of the intersection of Lisa Meadows and FM 1518,
and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the
“Property”) has been filed with the City; and
WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain
criteria to be considered by the Planning and Zoning Commission in making recommendations to
City Council and by City Council in considering final action on a requested zone change (the
“Criteria”); and
WHEREAS, on February 7, 2024, the Planning and Zoning Commission conducted a
public hearing and, after considering the Criteria, made a recommendation to City Council to
approve the requested rezoning to General Business District (GB); and
WHEREAS, on March 5, 2024, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission, determined
that the requested zoning be approved as provided for herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A and Exhibit B, is hereby zoned to General Business District (GB)
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above
amendment.
Section 3. 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 4. 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 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. 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 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 final adoption hereof and any
publication required by law.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz,
and this Ordinance shall not operate to repeal or affect any other ordinances of the City of
Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
PASSED ON FIRST READING, the ____day of _______, 2024.
PASSED, APPROVED and ADOPTED ON SECOND READING, the____ day of
_______, 2024.
CITY OF SCHERTZ, TEXAS
_____________________________
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
(city seal)
Exhibit A
Metes and Bounds
211 North Loop 1604 East, Suite 205 San Antonio, Texas 78232
Main 210.265.8300 westwoodps.com
TBPELS Firm No. 11756 TBPELS Firm No. 10074301
COUNTY OF BEXAR
STATE OF TEXAS
26.090 ACRE TRACT
ZONING DESCRIPTION
PROJ. 45328.00
DEL TORO TRACT
METES AND BOUNDS DESCRIPTION of a 26.090 acre tract of land situated within the Genovera Malpaz
Survey No. 67, Abstract No. 464, City of Schertz, Bexar County, Texas, being a portion of a called 36.89
acre tract described in deed to the Del Toro Family Partnership LTD, recorded in Volume 7500, Page 421,
Bexar County Official Public Records; in all, said 26.090 acre tract of land being more particularly
described as follows:
BEGINNING at a point on the southwest right-of-way line of Farm to Market Road 1518 at the northwest
corner of the remainder of a called 20.00 acre tract described in deed to Hatchitt Estates Inc, coincident
with the northeast corner of the remainder of said 36.89 acre tract, coincident with the south corner of a
0.7636 acre tract described in deed to the State of Texas, recorded in Document No. 20190129518, Bexar
County Official Public records and the POINT OF BEGINNING of the herein described tract of land;
THENCE, along the northwest line of said 20.00 acre tract, coincident with the southeast line of said
remainder of 36.89 acre tract and the herein described tract, South 21° 34’ 37” West, a distance of 1839.74
feet to a point for angle;
THENCE, continuing along the aforementioned common line, South 49° 53’ 15” West, a distance of 874.85
feet to a point on the northeast line of Randolph Air Force Base, for the west corner of said 20.00 acre tract
coincident with the south corner of said 36.89 acre tract and the herein described tract of land;
THENCE, along said northeast line of said Randolph Air Force Base, North 29° 55’ 36” West, a distance of
137.02 feet to a point for angle, and the most southerly west corner of said 36.89 acre tract and the herein
described tract of land;
THENCE, continuing along said Randolph Air Force Base property North 14° 38’ 22” East a distance of
892.76 feet to a point;
THENCE, over and across said 36.89 acre tract, the following courses:
1. South 75° 21’ 38” East a distance of 89.48 feet to a point, and
2. North 27° 31’ 07” East a distance of 1617.73 feet to a point on the southwest right-of-way line of
said Farm to Market Road 1518 for the most northerly west corner of the herein described tract;
Exhibit A: Metes and Bounds
211 North Loop 1604 East, Suite 205 San Antonio, Texas 78232
Main 210.265.8300 westwoodps.com
TBPELS Firm No. 11756 TBPELS Firm No. 10074301
THENCE, along said southwest right-of-way line, South 71°16’17” East a distance of 374.15 feet to the
POINT OF BEGINNING.
Containing, in all, 26.090 acres or 1,136,488 square feet of land. Bearings are based on the Texas State
Plane Coordinate System for the South Central Zone (4204), NAD83, 2011 Adjustment.
This document was prepared under 22 TAC §138.95, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for
which it was prepared.
Exhibit A: Metes and Bounds
Exhibit B
Zoning Exhibit
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Exhibit B: Zoning Exhibit
Ord. 24-S-05
Zone Change of Single -Family Residential /
Agricultural District (R -A) to General Business District
(GB)
Samuel Haas| SENIOR PLANNER
•Subject Property zoned
Single – Family Residential/
Agricultural District (R-A)
Existing Zoning Land Use
North Right of Way E FM 1518 N
South Outside City
Limits
JBSA Randolph
Air Force Base
East Single –Family
Residential /
Agricultural
District (R-A)
Single Family
Residential
West Single –Family
Residential /
Agricultural
District (R-A)
Single Family
Residential
•January 22, 2024 a
total of 5 Public
Hearing Notices were
sent out.
•Responses Received:
0 - Opposition
0 - In Favor
0 - Neutral
•1 Sign was posted on
the property.
The proposed zone change to General Business District (GB)
per the letter of intent, is being requested in order to develop
a Commercial Multi -Sport Complex.
If the Zone Change is approved, the applicant will have to go
through the site plan process in conformance with UDC
Section 21.9.12 and will have to meet all City of Schertz UDC
requirements as listed in Article 9.
Proposed Zone Change
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.
•The subject property was designated as Air Installation Compatible as
part of the 2013 Sector Plan Amendment and is vague about the
appropriate zoning and land uses.
•Recommends that staff analyze and make recommendations at the time
of development applications for the Air Installation Compatible Zone.
•S taff received a formal letter of approval from JBSA stating that the base
has no objection to the rezone but does require the developer to
maintain a 20' - 30' clear zone.
UDC Section 21.5.4.D Criteria for Approval
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.
•FM 1518 is classified in the Master Thoroughfare Plan as a Principal
Arterial - TXDOT is beginning the process to widen it.
•FM 1518 corridor is one that will see significant commercial activity, the
proposed General Business zoning aligns more closely with the direction
that this corridor is heading.
UDC Section 21.5.4.D Criteria for Approval
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
•T he adjacent properties are zoned Single -Family Residential
Agriculture, but the wider area in this section of FM 1518 has
established commercial districts.
UDC Section 21.5.4.D Criteria for Approval
UDC Section 21.5.4.D Criteria for Approval
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;
•To the best of staff's knowledge, this zone change should have minimal
impact on the public services, to include schools, fire, police, sanitation
services, as well as existing water and wastewater systems.
•Wider FM 1518 will accommodate the additional traffic generated from
this business.
UDC Section 21.5.4.D Criteria for Approval
5.Whether there have been environmental and/or
economical changes which warrant the requested change;
•The current TXDOT project to improve and widen FM 1518, and the added
traffic that this road will accommodate, will have an economic impact for
the commercial uses in this area. Staff has determined that the potential
benefit for businesses warrants this zone change.
UDC Section 21.5.4.D Criteria for Approval
6. Whether there is an error in the original zoning of
the property for which a change is requested;
•There was no error in the original zoning of this property.
7. Whether all of the applicant's back taxes owed to the
City have been paid in full (no application will receive final
approval until all back taxes are paid in full)
•This does not impact consideration for the first reading from City
Council.
UDC Section 21.5.4.D Criteria for Approval
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.
•This public hearing provides a format for which City Council can hear
other potential issues and public opinion.
UDC Section 21.5.11.D Criteria for Approval
Staff Recommendation
•The proposed zone change meets each of the requirements set forth
by the City's Unified Development Code, is consistent with the
Comprehensive Plan through the Sector Plan, and is compatible with
the surrounding zoning district and uses.
•Therefore, staff recommends approval of the proposed rezoning to
General Business District (GB)
•The Planning and Zoning Commission met on February 7th, 2024 and
made a recommendation of approval by a 7 -0 vote.
COMMENTS & QUESTIONS
Agenda No. 8.
CITY COUNCIL MEMORANDUM
City Council Meeting:March 5, 2024
Department:City Secretary
Subject:Schertz PD TCOLE 2023 Racial Profiling Report (S.Williams/J.Lowery)
BACKGROUND
Schertz PD is required by law to submit an annual Racial Profiling Report that collects incident-based
data related to self-initiated traffic stops and/or vehicle contacts.
GOAL
Data analysis, audits, findings, and recommendations to assure adherence to statutory and Department
requirement in mitigating racial profiling in policing.
COMMUNITY BENEFIT
Provides transparency and accountability to community members in addressing racial profiling practices
with the Schertz PD.
SUMMARY OF RECOMMENDED ACTION
No recommendation necessary.
RECOMMENDATION
Continued efforts and due diligence to exceed statutory requirements in identifying and addressing, if
necessary, racial profiling practives of the Schertz PD.
Attachments
PowerPoint Slides
SZPD TCOLE RP 2023 Analysis.
SZPD TCOLE RP 2023
Racial Profiling Report 2023
Schertz City Council Meeting March 5, 2024
Jim Lowery, Chief of Police
OVERVIEW
•Define racial profiling
•National Dialogue
•State of Texas Legislation
•Policy and Training
•Data Collection and Reporting
2
RACIAL PROFILING VS. CRIMINAL PROFILING
“Racial Profiling” refers to the discriminatory targeting of individuals for a
suspicion of crime based on the individual’s ethnicity, race, religion, or
national origin. ILLEGAL
“Criminal Profiling”is based on evidence gathered from previous crimes,
victim or witness testimony that develops a motive or character
assessment. LEGAL
3
•In the 1990’s national dialogue was elevated on racial profiling.
•The DOJ Civil Rights Division began to investigate allegations of racial
profiling in police departments
•The DOJ COPS Office developed a resource guide for police
departments on assessing racial profiling data and offered
comprehensive strategies to reduce racial profiling
4
UNDERSTANDING RACIAL PROFILING
DOJ COPS OFFICE STRATEGIES
•Diverse recruitment and selection
•Training and education for police and community
•Minority community engagement initiatives
•Accountability and supervision
•Collecting and analyzing traffic stop data
•Using technology to reduce racial profiling and increase officer safety
5
TEXAS STATE LEGISLATION
•In 2001, Senate Bill 1074 required Texas police departments to collect,
analyze, and report motor vehicle-related contact data
•In 2009 House Bill 3389 modified the law amending definitions within
the law
•In 2017,House Bill 3051 changed racial designation, and Senate Bill
1849 –Sandra Bland Law expanded data collection requirements.
6
SZPD POLICY AND TRAINING
•As a police department we are committed to constitutional policing and protecting
the civil rights of all people
•Police officers are prohibited from engaging in racial profiling in any police contact,
seizure or forfeiture
•Police Officers attend mandated TCOLE training that includes Racial Profiling and
Cultural Diversity
•Officers are required to enter disposition codes for all traffic stops
•Shift supervisors are required to conduct monthly audit reviews of officers Digital
Video Recorder/Body Worn Camera
•Number of COMPLAINTS of RACIAL PROFILING CY 2023 –“0”
7
SZPD TCOLE 2023 RACIAL PROFILING REPORT
•Police officers made 3,864 traffic stops
•2022 –5,965, 2021 –4,836, 2020 –6,845, and 2019 –9,485
•In 98.16% of traffic stops, officers did not know the race of the driver
prior to the stop
8
Race/Ethnicity All T-Stops
Alaska/Native
American/Indian
16 (0.41%)
Asian/Pacific Islander 95 (2.46%)
Black 716 (18.53%)
White 1,911 (49.46%)
Hispanic/Latino 1,126 (29.14%)
Race/Ethnicity Citation
Alaska/Native
American/Indian
4 (25%)
Asian/Pacific Islander 34 (35.79%)
Black 211 (29.47%)
White 576 (30.14%)
Hispanic/Latino 399 (35.44%)
2023 RACIAL PROFILING REPORT
9
Physical Force Used Resulting in Bodily Injury During the
Stop
YES NO
Alaska/Native American/Indian 0 16
Asian/Pacific Islander 0 95
Black 0 716
White 1 1910
Hispanic/Latino 0 1126
TOTAL 1 3863
SEARCHES, CONTRABAND, & HIT RATES
10
Race/Ethnicity All Traffic Stop
Searches
All Searches with
Contraband Hits
Hit Rates
(Hits/Searches)
N %N %%
Alaska/Native
American/Indian
1 0.63%1 0.87%100.00%
Asian/Pacific Islander 1 0.63%1 0.87%100.00%
Black 36 22.64%23 20.00%63.89%
White 76 47.80%60 52.17%78.95%
Hispanic/Latino 45 28.30%30 26.09%66.67%
TOTAL 159 100.00%115 100%
SEARCHES, CONTRABAND, & ENFORCEMENT RATIO
11
Race/Ethnicity All Traffic Stop
Searches
Enforcement
Actions after
Search Hits
Enforcement
Rates
(Enforcement/Hits)
N %N %%
Alaska/Native
American/Indian
1 0.87%1 5.26%100.00%
Asian/Pacific
Islander
1 0.87%0 0.00%Not Calculable
Black 23 20.00%4 21.05%17.39%
White 60 52.17%8 42.11%13.33%
Hispanic/Latino 30 26.09%6 31.58%20.00%
TOTAL 115 100%19 100.00%
ROLE OF TRAFFIC ENFORCEMENT
•Crime Reduction
•Traffic Safety
12
EFFECTIVE TRAFFIC ENFORCEMENT
•Equity in Policing and Social Justice
•Relational Policing in Neighborhoods
•Real Time and Actionable Intelligence
COMMENTS AND QUESTIONS
13
SCHERTZ POLICE DEPARTMENT
01. Total Traffic Stops:3864
02. Location of Stop:
a. City Street 2783 72.02%
b. US Highway 512 13.25%
c. County Road 202 5.23%
d. State Highway 321 8.31%
e. Private Property or Other 46 1.19%
03. Was Race known prior to Stop:
a. NO 3793 98.16%
b. YES 71 1.84%
04. Race or Ethnicity:
a. Alaska/ Native American/ Indian 16 0.41%
b. Asian/ Pacific Islander 95 2.46%
c. Black 716 18.53%
d. White 1911 49.46%
e. Hispanic/ Latino 1126 29.14%
05. Gender:
a. Female 1399 36.21%
i. Alaska/ Native American/ Indian 8 0.21%
ii. Asian/ Pacific Islander 40 1.04%
iii. Black 249 6.44%
iv. White 764 19.77%
v. Hispanic/ Latino 338 8.75%
b. Male 2465 63.79%
i. Alaska/ Native American/ Indian 8 0.21%
ii. Asian/ Pacific Islander 55 1.42%
iii. Black 467 12.09%
iv. White 1147 29.68%
v. Hispanic/ Latino 788 20.39%
06. Reason for Stop:
a. Violation of Law 115 2.98%
i. Alaska/ Native American/ Indian 2 1.74%
ii. Asian/ Pacific Islander 4 3.48%
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Racial Profiling Analysis Report
iii. Black 22 19.13%
iv. White 60 52.17%
v. Hispanic/ Latino 27 23.48%
b. Pre-Existing Knowledge 33 0.85%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 7 21.21%
iv. White 15 45.45%
v. Hispanic/ Latino 11 33.33%
c. Moving Traffic Violation 2513 65.04%
i. Alaska/ Native American/ Indian 9 0.36%
ii. Asian/ Pacific Islander 67 2.67%
iii. Black 473 18.82%
iv. White 1227 48.83%
v. Hispanic/ Latino 737 29.33%
d. Vehicle Traffic Violation 1203 31.13%
i. Alaska/ Native American/ Indian 5 0.42%
ii. Asian/ Pacific Islander 24 2.00%
iii. Black 214 17.79%
iv. White 609 50.62%
v. Hispanic/ Latino 351 29.18%
07. Was a Search Conducted:
a. NO 3705 95.89%
i. Alaska/ Native American/ Indian 15 0.40%
ii. Asian/ Pacific Islander 94 2.54%
iii. Black 680 18.35%
iv. White 1835 49.53%
v. Hispanic/ Latino 1081 29.18%
b. YES 159 4.11%
i. Alaska/ Native American/ Indian 1 0.63%
ii. Asian/ Pacific Islander 1 0.63%
iii. Black 36 22.64%
iv. White 76 47.80%
v. Hispanic/ Latino 45 28.30%
08. Reason for Search:
a. Consent 23 0.60%
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Racial Profiling Analysis Report
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 3 13.04%
iv. White 13 56.52%
v. Hispanic/ Latino 7 30.43%
b. Contraband in Plain View 17 0.44%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 1 5.88%
iv. White 15 88.24%
v. Hispanic/ Latino 1 5.88%
c. Probable Cause 100 2.59%
ii. Alaska/ Native American/ Indian 1 1.00%
i. Asian/ Pacific Islander 1 1.00%
iii. Black 27 27.00%
iv. White 40 40.00%
v. Hispanic/ Latino 31 31.00%
d. Inventory 9 0.23%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 2 22.22%
iv. White 2 22.22%
v. Hispanic/ Latino 5 55.56%
e. Incident to Arrest 10 0.26%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 3 30.00%
iv. White 6 60.00%
v. Hispanic/ Latino 1 10.00%
09. Was Contraband Discovered:
YES 115 2.98%
i. Alaska/ Native American/ Indian 1 0.87%
Finding resulted in arrest - YES 1
Finding resulted in arrest - NO 0
ii. Asian/ Pacific Islander 1 0.87%
Finding resulted in arrest - YES 0
Finding resulted in arrest - NO 1
iii. Black 23 20.00%
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Racial Profiling Analysis Report
Finding resulted in arrest - YES 4
Finding resulted in arrest - NO 19
iv. White 60 52.17%
Finding resulted in arrest - YES 8
Finding resulted in arrest - NO 52
v. Hispanic/ Latino 30 26.09%
Finding resulted in arrest - YES 6
Finding resulted in arrest - NO 24
b. NO 44 1.14%
i. Alaska/ Native American/ Indian 0 0.00%
i. Asian/ Pacific Islander 0 0.00%
iii. Black 12 27.27%
iv. White 17 38.64%
v. Hispanic/ Latino 15 34.09%
10. Description of Contraband:
a. Drugs 91 2.36%
i. Alaska/ Native American/ Indian 1 1.10%
ii. Asian/ Pacific Islander 1 1.10%
iii. Black 22 24.18%
iv. White 41 45.05%
v. Hispanic/ Latino 26 28.57%
b. Currency 0 0.00%
i. Alaska/ Native American/ Indian 0
ii. Asian/ Pacific Islander 0
iii. Black 0
iv. White 0
v. Hispanic/ Latino 0
c. Weapons 5 0.13%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 2 40.00%
iv. White 2 40.00%
v. Hispanic/ Latino 1 20.00%
d. Alcohol 20 0.52%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 1 5.00%
iv. White 18 90.00%
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Racial Profiling Analysis Report
v. Hispanic/ Latino 1 5.00%
e. Stolen Property 3 0.08%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 0 0.00%
iv. White 3 100.00%
v. Hispanic/ Latino 0 0.00%
f. Other 10 0.26%
i. Alaska/ Native American/ Indian 0 0.00%
i. Asian/ Pacific Islander 0 0.00%
iii. Black 3 30.00%
iv. White 3 30.00%
v. Hispanic/ Latino 4 40.00%
11. Result of Stop:
a. Verbal Warning 119 3.08%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 2 1.68%
iii. Black 16 13.45%
iv. White 68 57.14%
v. Hispanic/ Latino 33 27.73%
b. Written Warning 2489 64.42%
i. Alaska/ Native American/ Indian 11 0.44%
ii. Asian/ Pacific Islander 59 2.37%
iii. Black 483 19.41%
iv. White 1251 50.26%
v. Hispanic/ Latino 685 27.52%
c. Citation 1224 31.68%
i. Alaska/ Native American/ Indian 4 0.33%
ii. Asian/ Pacific Islander 34 2.78%
iii. Black 211 17.24%
iv. White 576 47.06%
v. Hispanic/ Latino 399 32.60%
d. Written Warning and Arrest 9 0.23%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 2 22.22%
iv. White 5 55.56%
v. Hispanic/ Latino 2 22.22%
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Racial Profiling Analysis Report
e. Citation and Arrest 8 0.21%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 2 25.00%
iv. White 3 37.50%
v. Hispanic/ Latino 3 37.50%
f. Arrest 15 0.39%
i. Alaska/ Native American/ Indian 1 6.67%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 2 13.33%
iv. White 8 53.33%
v. Hispanic/ Latino 4 26.67%
12. Arrest Based On:
a. Violation of Penal Code 28 0.72%
i. Alaska/ Native American/ Indian 1 3.57%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 6 21.43%
iv. White 14 50.00%
v. Hispanic/ Latino 7 25.00%
b. Violation of Traffic Law 1 0.03%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 0 0.00%
iv. White 0 0.00%
v. Hispanic/ Latino 1 100.00%
c. Violation of City Ordinance 0 0.00%
i. Alaska/ Native American/ Indian 0
ii. Asian/ Pacific Islander 0
iii. Black 0
iv. White 0
v. Hispanic/ Latino 0
d. Outstanding Warrant 3 0.08%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 0 0.00%
iv. White 2 66.67%
v. Hispanic/ Latino 1 33.33%
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Racial Profiling Analysis Report
13. Was Physical Force Used:
a. NO 3863 99.97%
i. Alaska/ Native American/ Indian 16 0.41%
ii. Asian/ Pacific Islander 95 2.46%
iii. Black 716 18.53%
iv. White 1910 49.44%
v. Hispanic/ Latino 1126 29.15%
b. YES 1 0.03%
i. Alaska/ Native American/ Indian 0 0.00%
ii. Asian/ Pacific Islander 0 0.00%
iii. Black 0 0.00%
iv. White 1 100.00%
v. Hispanic/ Latino 0 0.00%
b 1. YES: Physical Force Resulting in Bodily Injury to Suspect 1 100.00%
b 2. YES: Physical Force Resulting in Bodily Injury to Officer 0 0.00%
b 3. YES: Physical Force Resulting in Bodily Injury to Both 0 0.00%
14. Total Number of Racial Profiling Complaints Received:0
REPORT DATE COMPILED 02/28/2024
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Racial Profiling Analysis Report
Racial Profiling Report | Full
_______________________________________________________________________________________________________________________________
$JHQF\1DPH SCHERTZ POLICE DEPARTMENT
Reporting Date: 02/28/2024
TCOLE Agency Number: 187203
Chief Administrator: JAMES W. LOWERY JR
Agency Contact Information:
Phone: (210) 619-1200
Email: jlowery@schertz.com
Mailing Address:
1400 SCHERTZ PKWY BLDG 6
SCHERTZ, TX 78154-1673
This Agency filed a full report
SCHERTZ POLICE DEPARTMENT has adopted a detailed written policy on racial profiling. Our policy:
FOHDUO\GHILQHVDFWVFRQVWLWXWLQJUDFLDOSURILOLQJ
2) strictly prohibits peace officers employed by the SCHERTZ POLICE DEPARTMENT from engaging in
racial profiling;
3) implements a process by which an individual may file a complaint with the SCHERTZ POLICE
DEPARTMENT if the individual believes that a peace officer employed by the SCHERTZ POLICE
DEPARTMENT has engaged in racial profiling with respect to the individual;
4) provides public education relating to the agency's complaint process;
5) requires appropriate corrective action to be taken against a peace officer employed by the SCHERTZ
POLICE DEPARTMENT who, after an investigation, is shown to have engaged in racial profiling in violation
of the SCHERTZ POLICE DEPARTMENT policy;
6) requires collection of information relating to motor vehicle stops in which a warning or citation is issued and
to arrests made as a result of those stops, including information relating to:
a. the race or ethnicity of the individual detained;
b. whether a search was conducted and, if so, whether the individual detained consented to the search;
c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that
individual;
d. whether the peace officer used physical force that resulted in bodily injury during the stop;
e. the location of the stop;
f. the reason for the stop.
7) requires the chief administrator of the agency, regardless of whether the administrator is elected, employed, or
appointed, to submit an annual report of the information collected under Subdivision (6) to:
a. the Commission on Law Enforcement; and
b. the governing body of each county or municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
The SCHERTZ POLICE DEPARTMENT has satisfied the statutory data audit requirements as prescribed in Article
1 of 9
2.133(c), Code of Criminal Procedure during the reporting period.
Executed by: JAMES W. LOWERY
Chief of Police
Date: 02/28/2024
2 of 9
Motor Vehicle Racial Profiling Information
Total stops: 3864
_______________________________________________________________________________________________________________________________
Street address or approximate location of the stop
City street 2783
US highway 512
County road 202
State highway 321
Private property or other 46
Was race or ethnicity known prior to stop?
Yes 71
No 3793
Race / Ethnicity
Alaska Native / American Indian 16
Asian / Pacific Islander 95
Black 716
White 1911
Hispanic / Latino 1126
Gender
Female 1399
Alaska Native / American Indian 8
Asian / Pacific Islander 40
Black 249
White 764
Hispanic / Latino 338
Male 2465
Alaska Native / American Indian 8
Asian / Pacific Islander 55
Black 467
White 1147
Hispanic / Latino 788
Reason for stop?
Violation of law 115
Alaska Native / American Indian 2
Asian / Pacific Islander 4
Black 22
White 60
3 of 9
Hispanic / Latino 27
Preexisting knowledge 33
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 7
White 15
Hispanic / Latino 11
Moving traffic violation 2513
Alaska Native / American Indian 9
Asian / Pacific Islander 67
Black 473
White 1227
Hispanic / Latino 737
Vehicle traffic violation 1203
Alaska Native / American Indian 5
Asian / Pacific Islander 24
Black 214
White 609
Hispanic / Latino 351
Was a search conducted?
Yes 159
Alaska Native / American Indian 1
Asian / Pacific Islander 1
Black 36
White 76
Hispanic / Latino 45
No 3705
Alaska Native / American Indian 15
Asian / Pacific Islander 94
Black 680
White 1835
Hispanic / Latino 1081
Reason for Search?
Consent 23
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 3
White 13
4 of 9
Hispanic / Latino 7
Contraband 17
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 1
White 15
Hispanic / Latino 1
Probable 100
Alaska Native / American Indian 1
Asian / Pacific Islander 1
Black 27
White 40
Hispanic / Latino 31
Inventory 9
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 2
White 2
Hispanic / Latino 5
Incident to arrest 10
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 3
White 6
Hispanic / Latino 1
Was Contraband discovered?
Yes 115 Did the finding result in arrest?
(total should equal previous column)
Alaska Native / American Indian 1 Yes 1 No 0
Asian / Pacific Islander 1 Yes 0 No 1
Black 23 Yes 4 No 19
White 60 Yes 8 No 52
Hispanic / Latino 30 Yes 6 No 24
No 44
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 12
White 17
Hispanic / Latino 15
5 of 9
Description of contraband
Drugs 91
Alaska Native / American Indian 1
Asian / Pacific Islander 1
Black 22
White 41
Hispanic / Latino 26
Weapons 5
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 2
White 2
Hispanic / Latino 1
Currency 0
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 0
Hispanic / Latino 0
Alcohol 20
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 1
White 18
Hispanic / Latino 1
Stolen property 3
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 3
Hispanic / Latino 0
Other 10
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 3
White 3
Hispanic / Latino 4
Result of the stop
Verbal warning 119
6 of 9
Alaska Native / American Indian 0
Asian / Pacific Islander 2
Black 16
White 68
Hispanic / Latino 33
Written warning 2489
Alaska Native / American Indian 11
Asian / Pacific Islander 59
Black 483
White 1251
Hispanic / Latino 685
Citation 1224
Alaska Native / American Indian 4
Asian / Pacific Islander 34
Black 211
White 576
Hispanic / Latino 399
Written warning and arrest 9
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 2
White 5
Hispanic / Latino 2
Citation and arrest 8
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 2
White 3
Hispanic / Latino 3
Arrest 15
Alaska Native / American Indian 1
Asian / Pacific Islander 0
Black 2
White 8
Hispanic / Latino 4
Arrest based on
Violation of Penal Code 28
Alaska Native / American Indian 1
Asian / Pacific Islander 0
7 of 9
Black 6
White 14
Hispanic / Latino 7
Violation of Traffic Law 1
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 0
Hispanic / Latino 1
Violation of City Ordinance 0
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 0
Hispanic / Latino 0
Outstanding Warrant 3
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 2
Hispanic / Latino 1
Was physical force resulting in bodily injury used during stop?
Yes 1
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 1
Hispanic / Latino 0
Resulting in Bodily Injury To:
Suspect 1
Officer 0
Both 0
No 3863
Alaska Native / American Indian 16
Asian / Pacific Islander 95
Black 716
White 1910
Hispanic / Latino 1126
8 of 9
Submitted electronically to the
The Texas Commission on Law Enforcement
Number of complaints of racial profiling
Total 0
Resulted in disciplinary action 0
Did not result in disciplinary action 0
Comparative Analysis
Use TCOLE's auto generated analysis _
Use Department's submitted analysis
Optional Narrative
N/A
9 of 9