PZ 9-4-24 Agenda with Associated Documents
MEETING AGENDA
Schertz Capital Improvement Advisory Committee
AND
Planning & Zoning Commission
September 4, 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
WEDNESDAY, SEPTEMBER 4, 2024 at 6:00 p.m.
The Capital Improvement Advisory Committee and the Planning and Zoning Commission will hold the
scheduled meeting at 6:00p.m., Wednesday, September 4, 2024, at the City Council Chambers. In lieu of
attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on
the City's YouTube Channel.
1.CALL TO ORDER / ROLL CALL THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING
2.SEAT ALTERNATE TO ACT IF REQUIRED
3.HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the Capital Improvement Advisory Committee. Each person should fill out the
Speaker’s register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Committee 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.
4.PUBLIC HEARING:
A.Hold a public hearing, consider, and file the semi-annual report evaluating the progress of the City on achieving the capital
improvements program and identifying any problems in implementing the plans or administering the capital recovery fees.
5.WORKSHOP AND DISCUSSION:
A.Workshop and presentation on Water and Wastewater Capital Recovery Fees (Impact Fees)
Planning & Zoning September 4, 2024 Page 1 of 3
6.ADJOURNMENT OF THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING
1.CALL TO ORDER / ROLL CALL THE REGULAR PLANNING & ZONING COMMISSION MEETING
2.SEAT ALTERNATE TO ACT IF REQUIRED
3.HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker’s
register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission 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.
4.CONSENT AGENDA:
A.Minutes for the August 7, 2024 Regular Meeting.
5.PUBLIC HEARING:
The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this agenda. The
public hearing will be opened to receive a report from staff, the applicant, the adjoining property owners affected by the applicant’s
request, and any other interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider
the application, and may request additional information from staff or the applicant, if required. After deliberation, the Commission is asked
to consider and act upon the following requests and make a recommendation to the City Council if necessary.
A.PLUDC20240167 - Conduct a public hearing, workshop and discussion and possible action to make a recommendation on
amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5, Section 21.5.9-
Special Districts, and Article 9, Section 21.9.3- Lots, Section 21.9.8- Screening and Fencing, Section 21.9.9- Tree
Preservation and Mitigation, Section 21.9.12- Site Plan Process, and Article 16 - Definitions.
B.PLUDC20240195 - Conduct a public hearing, workshop and discussion and possible action to make a recommendation on
amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 4 - Procedures
and Applications, and Article 5 - Zoning Districts.
C.PLUDC20240186 - Conduct a public hearing, workshop and discussion and possible action to make a recommendation on
amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5 - Zoning
Districts and Article 10 - Parking Standards.
6.REQUESTS AND ANNOUNCEMENTS:
A.Requests by Commissioners to place items on a future Planning and Zoning Agenda
B.Announcements by Commissioners
City and community events attended and to be attended
Continuing education events attended and to be attended
C.Announcements by City Staff.
City and community events attended and to be attended.
Planning & Zoning September 4, 2024 Page 2 of 3
7.INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION PACKETS- NO
DISCUSSION TO OCCUR
A.Current Projects and City Council Status Update
8.ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Emily Delgado, Planning Manager, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on
this the 30th day of August, 2024 at 3:00 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.
Emily Delgado, Planning Manager
I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was removed 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 619-1030 at least 24 hours in advance of meeting.
The Planning and Zoning Commission for the City of Schertz reserves the right to adjourn into executive 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.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and presence of any subject in any Executive
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.
Planning & Zoning September 4, 2024 Page 3 of 3
CAPITAL IMPROVEMENT ADVISORY COMMITTEE: 09/04/2024
Agenda Item 4 A
TO:Planning and Zoning Commission
PREPARED BY:Kathryn Woodlee, City Engineer
SUBJECT:Hold a public hearing, consider, and file the semi-annual report evaluating the progress of the City on achieving the
capital improvements program and identifying any problems in implementing the plans or administering the capital
recovery fees.
GENERAL INFORMATION
Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee
(CIAC) to file semi-annual reports with respect to the progress of the capital improvement plan and report to City Council
any perceived inequities in implementing the plan or imposing impact fees. Section 90-158 of the City's Code of
Ordinances includes the same requirement.
Active projects and associated expenses that are funded using Impact Fee Funds this period were as follows:
Water
Corbett Ground Storage Tank
Expenses 1st Half FY24: $695,289.34
Professional services - $21,899.53
Construction - $673,389.81
Status: Construction Phase.
City-wide Water Master Plan and Impact Fee Update Study
Expenses 1st Half FY24: Professional services - $2,281.60
Status: Water system model finalized, projected future demands applied, identification of capital
improvement projects complete.
Ware Seguin to Lower Seguin and Graytown to Pfeil Loop Lines
Expenses 1st Half FY24: Professional services - $5,823.00
Status: Design and easement acquisition efforts continuing.
Sewer
Woman Hollering Creek Wastewater Project
Expenses 1st Half FY24: $462,515.44
Professional services - $57,484.55
Construction - $405,030.89
Status: Construction nearing completion - lift station has been delayed, but startup projected 1st half FY25.
City-wide Wastewater Master Plan and Impact Fee Update Study
Expenses 1st Half FY24: Professional services - $38,021.90
Status: Wastewater system model finalized, projected capacity demands based on future land use
assumptions applied, identification of capital improvement projects complete.
Roadway
Service Area 1
No Expenses 1st Half FY24
Service Area 2
Expenses 1st Half FY24 - $57,305.25 annual partial reimbursement to Babcock Road 165, Ltd., for cost of
Ripps Kreusler extension ($147,771.64 remaining to be paid)
Service Areas 3 and 4
No Expenses 1st Half FY24
STAFF ANALYSIS AND RECOMMENDATION
Staff recommends the CIAC accept this report and file the semi-annual report with City Council. The semi-annual report will consist of the
items presented to the CIAC and draft minutes from this meeting.
Attachments
Capital Recovery Balance - 1st Half FY2023-24
CITY OF SCHERTZ
CAPITAL RECOVERY IMPACT FEE REPORT
October 1, 2023 TO March 31, 2024
************** IMPACTS FEES **************
Water Sewer Total
Beginning Allocated Impact Fee Balance 1 3,686,219.82 199,007.03 3,885,226.85
Net Change in Allocted Impact Fees (695,289.34)(46,737.44)#(742,026.78)
Ending Allocated Impact Fee Balance 2,990,930.48 152,269.59 #3,143,200.07
Beginning Unallocated Impact Fee Balance 5,352,852.76 1,287,903.58 5,408,319.98
Revenues:
Impact Fees 596,350.00 473,506.28 1,069,856.28
Transfer In 0.00 0.00 0.00
Interest Earned 728.31 702.74 1,431.05
Investments Income 156,339.61 137,413.27 293,752.88
Expenses:
Professional Services 2,281.60 38,021.90 40,303.50
Auditor/Accounting Services 0.00 0.00 0.00
Investment Mgt Fee - Sewer 0.00 0.00 0.00
Transferred Out 0.00 415,778.00 415,778.00
Construction 0.00 0.00 0.00
Total Revenue Over/(Under) Expense 751,136.32 157,822.39 908,958.71
Ending Unallocated Impact Fee Balance 6,103,989.08 1,445,725.97 7,549,715.05
Estimated Cost of Unfunded Projects
Loop Lines 721,185.59
Capital Impact Fee Study - Water 76,135.52
Capital Impact Fee Study - Sewer 59,880.59
Cibolo West Trunk Line 6,000,000.00
Total Unfunded Project Costs 797,321.11 6,059,880.59 6,857,201.70
Unfunded Projects to Ending Unallocated Impact Fee Balance 2 5,306,667.97 (4,614,154.62)692,513.35
1 Allocated Impact Fee Balances only include Capital Recovery funds and not funds from any other source. It also
assumes Capital Recovery Funds are used first when allocated.
2 Negative Unfunded Projects to Ending Impact Fee Balance to be funded by future revenues or
through other sources
Capital Improvements Program
SE Quad Pump
Station SE Quad GST
SE Quad Elevated
Tank
SE Quad Distribution
Mains
NE Quad
Distribution Mains
IH10 Corridor
Distribution Mains
Original Cost Estimate 1,688,289$ 1,100,000$ 1,250,000$ 1,700,000$ 1,600,000$ 1,000,000$
Current Project Designation
Corbett Ground
Storage Tank
Corbett Ground
Storage Tank- RL2
Corbett Elevated
Tank - RL1
Loop Lines - WA1
Current Cost Estimate 5,000,000$ 5,650,000$ 1,806,076$
Capital Recovery Funding/Allocation
2011
2012
2013 12,251.14$
2014 500.00$
2015 86,166.10$
2016 3,050,000.00$
2017
2018
2019 1,375,000.00$
2020
2021 512,000.00$
2022 4,230,818.70$
Capital Recovery Funding Balance -$ 4,742,818.70$ 4,523,917.24$ -$ -$ -$
Other Funding Sources -$ -$ 924,031.46$ 1,084,890.41$ -$ -$
Total Project Funding Sources -$ 4,742,818.70$ 5,447,948.70$ 1,084,890.41$ -$ -$
Project Annual Expenses
Second Half 2013 12,251.14$
First Half 2014 6.77$
Second Half 2014 2,081.13$
First Half 2015 980.00$
Second Half 2015 120,233.32$
First Half 2016 87,843.28$
Second Half 2016 22,763.75$
First Half 2017 -$
Second Half 2017 40,403.20$
First Half 2018 6,248.00$
Second Half 2018 7,485.13$
First Half 2019 50,510.63$
Second Half 2019 1,994,741.24$
First Half 2020 1,385,858.48$
Second Half 2020 1,161,122.42$
First Half 2021 172,980.16$
Second Half 2021 114,254.48$ 91,433.48$
First Half 2022 154,707.22$
Second Half 2022 124,820.80$
First Half 2023 21,629.11$ 40,455.00$
Second Half 2023 641,187.27$ 80,810.00$
First Half 2024 685,310.64$ 5,823.00$
Total Expenses -$ 1,741,909.52$ 5,156,942.13$ 127,088.00$ -$ -$
Allocated Impact Project Fee Balance -$ 3,000,909.18$ -$ -$ -$ -$
Project Balance -$ 3,000,909.18$ 291,006.57$ 957,802.41$ -$ -$
Project Status Future On Going Complete On Going Future Future
Capital Recovery Water Projects
Capital Recovery Sewer Projects
Capital Improvements Program
Final South Sewershed
Master Plan Town Creek Phase III Town Creek Phase IV
Woman Hollering Creek
STP PH II
South Schertz Trunk Lines
and Lift Station
South Schertz Trunk Lines
and Lift Station
Original Cost Estimate $15,000 $659,126 $1,000,000 $600,000 $9,600,000
Current Project Designation
Town Creek Phase III -
QA3
Crossvines Batch Plant
Expansion - QA4
Woman Hollering Trunk
Line - QA2/Q01
Cibolo West Truck Line
Current Cost Estimate $931,740 $487,848 $12,000,000 $6,000,000.0
Capital Recovery Funding/Allocation
2011
2012
2013
2014
2015
2016
2017
2018 $487,848.00
2019 $-
2020
2021 $7,795,000.00
2022
2024 $415,778.00
Capital Recovery Funding Balance $-$-$-$487,848.00 $8,210,778.00 $-
Other Funding Sources Bond 2007 $931,739.74 Bond 2013 $3,069,305.46
Total Project Funding Sources $-$931,739.74 $-$487,848.00 $11,280,083.46 $-
Project Annual Expenses
First Half 2012
Second Half 2012 $82,262.17
First Half 2013 $49,861.30
Second Half 2013 $980.00 $17,032.55
First Half 2014 $28,743.00 $61,364.70
Second Half 2014 $46,690.62 $34,775.84
First Half 2015 $5,858.72 $5,382.50
Second Half 2015 $815,683.00 $38,315.41
First Half 2016 $33,784.40 $121,438.32
Second Half 2016 $83,983.26
First Half 2017 $6,220.00
Second Half 2017 $4,048.18
First Half 2018 $247,870.62
Second Half 2018 $68,609.20 $212,479.83
First Half 2019 $225,595.33 $56,860.59
Second Half 2019 $41,375.48 $225,106.41
First Half 2020 $-$98,737.52
Second Half 2020 $-$143,307.30
First Half 2021 $-$-
Second Half 2021 $-$16,123.52
First Half 2022 $-$6,615.06
Second Half 2022 $-$3,886,885.47
First Half 2023 $-$3,715,891.65
Second Half 2023 $-$1,703,004.22
First Half 2024 $462,515.44
Total Expenses $-$931,739.74 $-$335,580.01 $11,280,081.86 $-
Allocated Impact Project Fee Balance $-$-$-$152,267.99 $1.60 $-
Project Balance $-$-$-$152,267.99 $1.60 $-
Project Status Future Complete Future On Going On Going Future
CITY OF SCHERTZ
ROADWAY IMPACT FEE REPORT
October 1, 2023 TO March 31, 2024
Area 1 Area 2 Area 3 Area 4 Total
Beginning Allocated Impact Fee Balance 0.00 0.00 0.00 0.00 0.00
Net Change in Allocted Impact Fees 0.00 0.00 0.00 0.00 0.00
Ending Allocated Impact Fee Balance 0.00 0.00 0.00 0.00 0.00
Beginning Unallocated Impact Fee Balance 1,061,487.37 681,048.07 1,262,722.62 6,403.04 3,011,661.10
Revenues:
Impact Fees 202,178.83 110,519.53 728,607.50 0.00 1,041,305.86
Transfer In 0.00 0.00 0.00 0.00 0.00
Interest Earned 157.35 53.85 98.85 0.05 310.10
Investments Income 30,221.05 19,632.01 51,041.23 181.14 101,075.43
Expenses:
Development Incentive Fund 0.00 57,305.25 0.00 0.00 57,305.25
Professional Services 0.00 0.00 0.00 0.00 0.00
Auditor/Accounting Services 0.00 0.00 0.00 0.00 0.00
Transferred Out 0.00 0.00 0.00 0.00 0.00
Contingency 0.00 0.00 0.00 0.00 0.00
Construction 0.00 0.00 0.00 0.00 0.00
RightOfWay/Easements 0.00 0.00 0.00 0.00
Total Revenue Over/(Under) Expense 232,557.23 72,900.14 779,747.58 181.19 1,085,386.14
Ending Unallocated Impact Fee Balance 1,294,044.60 753,948.21 2,042,470.20 6,584.23 4,097,047.24
******************** ROADWAY IMPACTS FEES ********************
PLANNING AND ZONING COMMISSION MEETING: 09/04/2024
Agenda Item 4 A
TO:Planning and Zoning Commission
PREPARED BY:Emily Delgado, Planning Manager
SUBJECT:Minutes for the August 7, 2024 Regular Meeting.
Attachments
Draft Minutes for the August 7, 2024 Regular P&Z Meeting
D R A F T
PLANNING AND ZONING MINUTES
August 7, 2024
The Schertz Planning and Zoning Commission convened on August 7, 2024 at 6:00 p.m. at the Municipal
Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
Present: Glen Outlaw, Chairman; Richard Braud, Vice Chairman; Roderick Hector,
Commissioner; Clayton Wallace, Commissioner; Judy Goldick, Commissioner; John
Carbon, Commissioner; Patrick McMaster, Commissioner
Absent: Danielle Craig, Commissioner; Tamara Brown, Commissioner
Staff
present:
Lesa Wood, Director of Planning & Community Development; Emily Delgado, Planning
Manager; Tiffany Danhof, Administrative Assistant; Daisy Marquez, Planner; Samuel
Haas, Senior Planner
1.CALL TO ORDER
Chairman Outlaw called the special meeting to order at 6:00 P.M.
2.SEAT ALTERNATE TO ACT IF REQUIRED
Commissioner Wallace was seated as an alternate.
3.HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person
should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than three (3)
minutes. Discussion by the Commission 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.
Elliot Lomay-11709 Cypress Barn
Loretta Brand- 10423 Cotton Spindle
4.CONSENT AGENDA:
A.Election of Planning and Zoning Commission Chair and Vice Chair.
Mr. Outlaw was reappointed as Chairman with a 7/0 vote, and Mr. Braud was voted the
Vice-Chairman with a 7/0 vote.
B.Minutes for the July 3, 2024 Regular Meeting.
Motioned by Commissioner Clayton Wallace to approve, seconded by Commissioner
John Carbon
Vote: 7 - 0 Passed
Vote: 7 - 0 Passed
5.PUBLIC HEARING:
The Planning and Zoning Commission will hold a public hearing related to zone change requests, specific use permit requests,
and Unified Development Code Amendments within this agenda. The public hearing will be opened to receive a report from
staff, the applicant, the adjoining property owners affected by the applicant’s request, and any other interested persons. Upon
completion, the public hearing will be closed. The Commission will discuss and consider the application, and may request
additional information from staff or the applicant, if required. After deliberation, the Commission is asked to consider and act
upon the following requests and make a recommendation to the City Council if necessary.
A.PLSPU20240142 - Hold a public hearing and make a recommendation on a Specific Use
Permit to allow for a Convenience Store with Gas Pumps in General Business District (GB),
on approximately 1.61 acres of land, known as Bexar County Property Identification
Number 1396038, generally located southwest of the intersection of FM1518 and Schaefer
Road, City of Schertz, Bexar County, Texas.
Mr. Haas and the applicant provided a presentation.
Mr. Outlaw opened the public hearing at 6:27 P.M.
Rod Fischer- 10224 Aurora Sky
Carlos Tienda- 10516 Pecan Branch
Christina Brown- 11709 Cypress Barn
Carly Gentry- 10413 Aurorasky
Lance Campbell- 10408 Pecan Branch
Bill Charest- 10425 Bowies Knoll
Mary Stanford- 10305 Hoot Owl
Kyle Lucas- 10409 Pecan Ranch
Alex Smith- 11708 Cypress Barn
Patricia Lucas- 10409 Pecan Ranch
Mike Allshouse-10422 Cotton Spindle
Ken Sterling-President Willow Grove
Jason Bishop- 10437 Shadowy Dusk
Todd Vician- 8926 Green Grant
Myron Shirley- 10405 Bowies Knoll
Mr. Outlaw closed the public hearing at 7:06 P.M.
Motioned by Commissioner Clayton Wallace to recommend disapproval to the City
Council, seconded by Commissioner Patrick McMaster
Vote: 6 - 1 Passed
NAY: Commissioner John Carbon
B.PLZC20240155 – Conduct a public hearing and make a recommendation on a request to
rezone approximately 71 acres of land from Single-Family Residential/ Agricultural District
(R-A) and Agricultural District (AD) to approximately 41 acres as Single-Family Residential
District (R-2) and approximately 30 acres as Single-Family Residential District (R-6), known
as Bexar County Property Identification Number 310022, more specifically known as 12840
Lower Seguin Road, City of Schertz, Bexar County, Texas.
Mrs. Marquez and the applicant provided a presentation.
Mr. Outlaw opened the public hearing at 7:54 P.M.
Todd Vician- 8926 Green Grant
Guillermo Guajardo- 12870 Lower Seguin Rd.
Mr. Outlaw closed the public hearing at 7:56 P.M.
Motioned by Commissioner Roderick Hector to recommend approval to the City Council,
seconded by Commissioner Patrick McMaster
Vote: 7 - 0 Passed
C.PLZC20240153 – Conduct a public hearing and make a recommendation on a request to
rezone approximately 79 acres of land from Planned Development District (PDD) to
Single-Family Residential District (R-1), known as Bexar County Property Identification
Number 310060, more specifically known as 8676 Trainer Hale Rd, City of Schertz, Bexar
County, Texas.
Mrs. Marquez and the applicant provided a presentation.
Mr. Outlaw opened the public hearing at 8:23 P.M.
No one spoke.
Mr. Outlaw closed the public hearing at 8:24 P.M.
Motioned by Commissioner Patrick McMaster to recommend approval to the City
Council, seconded by Commissioner Clayton Wallace
Vote: 7 - 0 Passed
6.ITEMS FOR INDIVIDUAL CONSIDERATION:
A.PLRP20240154 - Consider and act upon a request for approval of a replat for the Royal
Manufacturing Phase III Subdivision Lots 3-6, Block 3, approximately 75.24 acres of land
generally located 1,860 feet to the west of the Tejas Way and Doerr Lane intersection, also
known as Comal County Parcel ID 474772, City of Schertz, Comal County, Texas.
Mr. Haas provided a presentation.
Motioned by Commissioner Judy Goldick to approve, seconded by Commissioner
Patrick McMaster
Vote: 7 - 0 Passed
7.REQUESTS AND ANNOUNCEMENTS:
A.Requests by Commissioners to place items on a future Planning and Zoning Agenda
There were no requests by Commissioners.
B.Announcements by Commissioners
City and community events attended and to be attended
Continuing education events attended and to be attended
There were no announcements by Commissioners.
C.Announcements by City Staff.
C.Announcements by City Staff.
City and community events attended and to be attended.
There were no announcements by City staff.
8.INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION
PACKETS- NO DISCUSSION TO OCCUR
A.Current Projects and City Council Status Update
9.ADJOURNMENT OF THE REGULAR MEETING
Chairman Mr. Outlaw adjourned the regular meeting at 8:37 P.M.
____________________________________
Chairman, Planning and Zoning Commission
______________________________
Recording Secretary, City of Schertz
PLANNING AND ZONING COMMISSION MEETING: 09/04/2024
Agenda Item 5 A
TO:Planning and Zoning Commission
PREPARED
BY:Daisy Marquez, Planner
SUBJECT:PLUDC20240167 - Conduct a public hearing, workshop and discussion and possible action to make a recommendation on
amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5, Section 21.5.9-
Special Districts, and Article 9, Section 21.9.3- Lots, Section 21.9.8- Screening and Fencing, Section 21.9.9- Tree
Preservation and Mitigation, Section 21.9.12- Site Plan Process, and Article 16 - Definitions.
BACKGROUND
As per Unified Development Code Section 21.4.7, City Council from time to time, or on its own motion, or at the recommendation of City
Staff make amendments, change or modify any portion of the UDC to establish and maintain sound and stable development.
Staff periodically reviews the development process to make improvements, which includes reviewing the Unified Development Code for
clarity and cohesion. The proposed UDC amendments, which were initiated by the Planning Division Staff, are meant to clarify the intent of
the Unified Development Code and clean up lingering language removed from previous amendments.
The proposed UDC amendments include modifications to the following Articles and Subsections:
Article 5, Section, 21.5.9- Special Districts; to remove Agricultural Conservation Planned Development District (ACPDD), Mixed
Use Planned Development District (MUPDD), and Design Overlay District (DO)
Article 9, Section 21.9.3 - Lots; to remove the requirement to show building setbacks on plats
Article 9, Section 21.9.8 - Screening and Fencing; to modify the prohibited materials to include a clarification
Article 9, Section 21.9.9 - Tree Preservation and Mitigation; to remove tables that are no longer in the UDC, and to modify the
exempted trees table
Article 9, Section 21.9.12 - Site Plan Process; to remove applications that require an approved site plan
Article 16 -Definitions; to add clarification to the Mixed-Use Self-Storage definition.
Proposed Amendments
Staff is proposing modifications to the following UDC Articles and Sections:
Article UDC
Section Current UDC Proposed Amendment
Article 5 Section 21.5.9;
specifically
Subsection C
Agricultural Conservation Planned Development
District (ACPDD)
Proposing to remove the statement of purpose and
intent of this Special District, which can no longer be
requested for consistency.
Article 5 Section 21.5.9;
Specifically
Subsection F
Mixed Use Planned Development District (MUPDD)Proposing to remove the statement of purpose and
intent of this Special District, which can no longer be
requested for consistency.
Article 5 Section 21.5.9;
Specifically
Subsection G
Design Overlay District (DO)Proposing to remove the statement of purpose and
intent of this Special District, which can no longer be
requested for consistency.
Article 9 Section 21.9.3;
Specifically
Subsection K
Required all minimum building setback lines and
crosswalks to be shown on all plats.
Proposing to remove this language for consistency
with the development manual. Proposing to remove
the definition of front line setback from this location.
Article 9 Section 21.9.8;
Specifically
Subsection
A.2.a.i
i. Fences may be constructed of pressure treated
wood, decorative metal, chain link or similar woven
wire mesh, stone, brick, or other materials traditionally
used in private fence construction.
i. Materials Permitted. Fences may be constructed of
chain link or similar woven wire mesh (provided no
screening is attached), pressure treated wood,
decorative metal, stone, brick, or other materials
traditionally used in private fence construction.
Article 9 Section 21.9.8;
Specifically
Subsection
A.2.b
b. Prohibited Materials. Chicken wire and barbed wire
are prohibited except on parcels or lots one acre or
greater in size in conjunction with the containment of
livestock or farm animals.
b. Prohibited Materials. Chicken wire and barbed
wire are prohibited except on parcels in conjunction
with agricultural operations.
Article 9 Section 21.9.8;
Specifically
Subsection
B.2.a
a. Materials Permitted. Fences may be constructed of
pressure treated wood, decorative metal, chain link or
similar woven wire mesh, stone, brick, above ground
electrical fencing or other materials traditionally used
in private fence construction.
a. Materials Permitted. Fences may be constructed of
chain link or similar woven wire mesh (provided no
screening is attached), pressure treated wood,
decorative metal, stone, brick, or other materials
traditionally used in private fence construction.
Article 9 Section 21.9.8;
Specifically
Subsection
B.2.b
b. Prohibited Materials. Hog wire or chicken wire,
screening slats with chain link, and barbed wire are
prohibited except on parcels or lots one acre or greater
in size in conjunction with the containment of
livestock or farm animals.
b. Prohibited Materials. Chicken wire and barbed
wire are prohibited except on parcels in conjunction
with agricultural operations.
Article 9 Section 21.9.9;
Specifically
Subsection
B.3.f
f. Protected Class trees from the Undesirable Trees list
in table 21.9.7.F (A waiver to mitigation for Heritage
class trees may be request).
Proposing to remove this subsection as table 21.9.7.F
no longer exists in the UDC.
Article 9 Section 21.9.9;
Specifically
Subsection
B.3.h
Hackberry, Eastern Red Caedar, Common Ashe
Juniper, Chinaberry, Mesquite, and Ligustrum are
listed as the only Exempted Trees in Table 21.9.9.
Proposing to modify table 21.9.9 by
adding additional invasive tree species.
Article
16
Mixed-Use
Self-Storage
A climate-controlled building(s) containing
ground floor retail, service, or office space with
separate, individual self-storage units for rent or lease.
The conduct of sales, business, or any activity other
than storage shall be prohibited within the individual
storage units. Such building(s) shall be a minimum of
45-feet.
A climate-controlled building(s) containing ground
floor retail, service, or office space with separate,
individual self-storage units for rent or lease. The
conduct of sales, business, or any activity other than
storage shall be prohibited within the individual
storage units. Such building(s) shall be a minimum
of 45-feet in height.
GOAL
To amend the Unified Development Code Article 5, Section 21.5.9- Special Districts, and Article 9, Section 21.9.3- Lots, Section 21.9.8-
Screening and Fencing, Section 21.9.9- Tree Preservation and Mitigation, Section 21.9.12- Site Plan Process, and Article 16- Definitions.
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 staff evaluates Unified Development Code Amendments, they use section 21.4.7.D Criteria for approval. The criteria are listed
below.
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.
Staff proposes UDC amendments from time to time to proactively better the Unified Development Code that governs development within
the City of Schertz. The proposed amendments are necessary for consistency with changes already made to the Unified Development Code.
Additionally, they provide clarification on sections of the Unified Development Code Sections used by multiple departments.
The proposed amendments to Article 9, Section 21.9.9. add invasive tree species to the Exempt Tree Table that are not desirable and are
classified as invasive to our area. The proposed amendments to Article 9, Section 21.9.9, have been reviewed by the Parks, Recreation and
Community Services Director, and there are no objections to the amendments. Additionally, Staff met with a representative of the Texas
A&M Forest Service to discuss the proposed additional exempt tree species.
2. An amendment to the text is consistent with other policies of this UDC and the City;
The proposed amendments are meant to clean up lingering UDC language that has remained and to clarify the intent of the UDC.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
The proposed Unified Development Code amendments are consistent with the goals and objectives of this UDC and the City as they are
meant to help keep the UDC consistent with previously approved amendments. The Operational Values of the City include being proactive
and service-oriented. By being proactive with these proposed UDC amendments, Staff can provide a better experience within the
development process.
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.
Staff has ensured all UDC requirements have been met for the proposed Unified Development Code Amendments and at this time have not
received special considerations from the Planning and Zoning Commission or City Council.
RECOMMENDATION
The proposed UDC amendments promote consistency throughout the UDC and provide additional clarity in the development process. Staff
The proposed UDC amendments promote consistency throughout the UDC and provide additional clarity in the development process. Staff
recommends approval of PLUDC20240176, amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC),
Article 5, Section 21.5.9- Special Districts, and Article 9, Section 21.9.3- Lots, Section 21.9.8- Screening and Fencing, Section 21.9.9- Tree
Preservation and Mitigation, Section 21.9.12- Site Plan Process, and Article 16-Definitions.
Attachments
Proposed UDC Amendments RED LINES
Proposed UDC Amendments CLEAN
Created: 2024-06-07 11:40:45 [EST]
(Supp. No. 8)
Page 1 of 2
Sec. 21.5.9. Special districts.
A. Air Installation Compatible Use Zone District (AICUZ).
1. Established to provide control on encroachment around a military airfield, encroachment that could
destroy the harmonious relationship existing between the local community and a military airfield. This
could eventually lead to the removal of the airfield, which would affect the economy of the area.
Restrictions established in accordance with suggested guidelines and studies published by the military
will control the development, construction and density of the area. The area is subject to high
frequency of noise from aircraft and is at high risk to potential aircraft accidents. All uses and
regulations contained within the AICUZ shall be in accordance with the AICUZ study and regulations
published by Randolph Air Force Base.
2. A request for development that is not a permitted use by the AICUZ Study, as adopted by the City, or a
request for zoning change for property located within the AICUZ requires written notification to
Randolph Air Force Base (RAFB) of the proposed development, type occupancy, occupant load, hours
of operation, and any special conditions of the project that may include noise, dust, smoke emissions,
etc., and any proposed request for a zone change within the AICUZ, with applicable reference the
Standard Land Use Code Manual (SLUCM) as adopted in the AICUZ Study. An acknowledgment from
RAFB will be requested on the proposed development within 60 days. RAFB may conclude that the
proposed development or zoning change should be permitted. Unless RAFB affirmatively recommends
to the City that the proposed development or zoning change in the AICUZ be permitted, the
development or zoning change will not be approved by the City. Failure on the part of RAFB to respond
within 60 days will be deemed to be disapproval.
B. Planned Development District (PDD). A contiguous land area of a minimum size, as specified by this UDC and
this Article, to be planned and developed using a common master zoning plan, and containing one or more
uses and appurtenant common areas.
C. Reserved.Agricultural Conservation Planned Development District (ACPDD). Intended to provide an
alternative cluster neighborhood option in areas designated as agricultural conservation on the North and
South Schertz Framework Plans. Residences in this district may be on lots smaller than five acres provided
the district maintains an overall gross residential density of 0.2 DU/Acre and provide a minimum of seventy
percent (70%) of gross area of the development in open space or conservation easement (public or private
ownership). The open space may remain in a natural state or be used for agricultural purposes. The AGC shall
be a contiguous land area of 40 acres in size, as specified by this UDC and this Article (section 21.5.12), to be
planned and developed using a common master zoning plan, and containing single-family residential and/or
agricultural uses and preserved open space.
D. Estate Neighborhood Planned Development District (ENPDD). Intended to provide for an alternative zoning
option for areas in the South Schertz Framework Plan designated as Estate Neighborhood or zoned RA.
Residences in this district may be on lots smaller than 0.5 acres provided the district maintains an overall
gross residential density of two DU/Acre and provide a minimum of fifty percent (50%) of gross area of the
development in open space or conservation easement (public or private ownership). The open space may
remain in a natural state or be used for agricultural purposes. The EN shall be a contiguous land area of at
least 20 acres in size, as specified by the UDC and this Article (section 21.5.13), to be planned and developed
using a common master zoning plan, and containing single-family residential and/or agricultural uses and
preserved open space.
F. Mixed Use Planned Development District (MUPDD). Intended to implement mixed use and traditional
neighborhood development goals (i.e., mixed use core, neighborhood center, and neighborhood
designations) of the North and South Schertz Framework Plans. The MU district shall be a contiguous land
area of a minimum size, as specified by this UDC and this Article (section 21.5.14), to be planned and
Proposed UDC Amendments Article 5 Section 21.5.9. Special Districts Red Lines
Created: 2024-06-07 11:40:45 [EST]
(Supp. No. 8)
Page 2 of 2
developed using a common master zoning plan, and containing a complementary mix of residential, office,
retail, civic, and service uses, a network of pedestrian-oriented streets and open spaces.
G. Design Overlay Districts (DO). The purpose of this section is to provide a set of Design Overlay Districts that
correspond with existing zoning and establish a coherent character and encourage enduring and attractive
development that implement the North and South Schertz Framework Plans and the Schertz Downtown
Plan. All development within the Design Overlay Districts shall meet the Dimensional and Development
standards within section 21.5.15 in lieu of the standards in section 21.5.7 unless specified otherwise. The
four (4) Design Overlay Districts are: Campus Commercial Overlay District, Highway Commercial Overlay
District, Industrial Overlay District, and Downtown Overlay District.
(Ord. No. 13-S-22, § 5, 7-16-2013)
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 1
Sec. 21.9.3. Lots.
A. Lot sizes and dimensions shall conform to the minimum requirements of the appropriate zoning district. The
lot area shall be computed including all easements. Changes in the required lot sizes and dimensions may
only be allowed through rezoning or through the granting of a variance by the BOA. No lot shall be approved
which does not meet the minimum requirements of the appropriate zoning district.
B. In residential subdivisions not served by public sewer, the Planning and Zoning Commission shall require the
developer to cause a percolation test to be made. In no case will the lot size in such subdivision be less than
one-half acre (21,780 square feet). This is the responsibility of the County Health Inspector.
C. Depth and width of properties laid out for commercial or industrial purposes shall be adequate to provide for
the off-street service and parking facilities required by the type of use and development contemplated.
D. Corner lots shall have sufficient width to permit the required building setback and proper orientation to both
streets. Lots abutting crosswalks shall be treated as corner lots.
E. Where a residential lot backs up to a railroad right-of-way, high pressure gas line, industrial area or any other
land use which may have a dangerous effect on residential property, and where no marginal access street or
other street is provided at the rear of such lot, an additional depth of 25 feet shall be required. Where a lot
sides to any of the above, an additional width of 15 feet shall be required. A planting screen or non-access
easement of at least ten feet shall be provided along the line of lots abutting a railroad right-of-way, high
pressure gas line, industrial area or any other land use which may have a dangerous effect on residential
property.
F. Residential lots located on a cul-de-sac shall be at least fifty feet (50') wide at the building line.
G. Residential lots shall be oriented to take advantage of topography; the best relationship to the overall design
of the neighborhood; and to minimize the effects of any surrounding depreciating land uses.
H. There shall be no residential lots facing directly upon a major street.
I. All side lines of lots shall be perpendicular to straight street lines and radial to curved street lines except
where a waiver to this rule will provide a better street and lot layout.
J. Every lot shall be provided with adequate access to a public street, either by direct frontage on such street,
or by public access easement approved by the Planning and Zoning Commission. Rear and/or side driveway
access to major streets shall be prohibited.
K. Minimum front and side building setback lines at streets and crosswalks shall be shown on all plats and shall
conform to the restrictions, if any, imposed on the subdivision by the subdivider, but i In no event shall such
setback lines be less than those required by the applicable zoning district. The front line setback shall be
measured from the point where the public right-of-way ends to the front face to the building, covered porch,
covered terrace or attached accessory building.
Proposed UDC Amendments Article 9 Section 21.9.3 Red Lines
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 3
Sec. 21.9.8. Screening and Fencing.
A. Fences and Screening in Residential Areas.
1. Height.
a. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a
required front yard shall exceed four feet (4') in height. Fences constructed in the front yard shall
be non-opaque, decorative fences and shall not interfere with the sight visibility triangle as
required by this UDC or any other applicable City ordinances, codes or regulations.
b. Exceptions:
i. A fence not to exceed six feet (6') in height may be installed in the front yard of property
located in a Residential Agricultural (RA) District which is not in a mandatory homeowners'
association or within the jurisdiction of a mandatory architectural review committee and
which contains a minimum of two (2) acres.
ii. A fence not to exceed six feet (6') in height may be installed in the front yard of property
located in a Residential Agricultural (RA) District which is in a mandatory homeowners'
association or within the jurisdiction of a mandatory architectural review committee with
the written approval of the homeowners' association or the architectural review
committee, which approval must accompany the application for fence permit.
iii. Any such fence under this paragraph (b) shall be a non-opaque decorative fence which shall
not interfere with the sight visibility triangle as required by this UDC or any other applicable
City ordinances.
2. Fence Materials.
a. Materials Permitted.
i. Fences may be constructed of chain link or similar woven wire mesh (provided no screening
is attached), pressure treated wood, decorative metal, chain link or similar woven wire
mesh, stone, brick, or other materials traditionally used in private fence construction.
ii. Decorative fences shall be constructed of pressure treated wood picket, decorative metal,
stone or brick, or a combination thereof. Solid surface area of any decorative fence shall
not exceed fifty percent (50%) of the total surface area. Above ground electrical fencing
shall be permitted in accordance with the building code.
b. Prohibited Materials. Chicken wire and barbed wire are prohibited except on parcels or lots one
acre or greater in size in conjunction with agricultural operations the containment of livestock or
farm animals.
3. Fences within Easements. Fences within a public easement shall have a gate or removable panel to
allow for maintenance access to such easement. The City shall not be responsible for damage to any
fence that may occur as a result of maintenance within the easement. Fences located within drainage
easements shall be equipped with a bar screen at the bottom to allow for proper drainage flow.
B. Fences in Nonresidential and Multifamily Areas.
1. Height. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a
required front yard shall exceed eight feet (8') in height. Fences constructed in the front yard shall be
non-opaque and shall not interfere with the sight visibility triangle as required by this UDC or any other
applicable City ordinances, codes and regulations. All fences for public water and wastewater facilities
are allowed to be opaque.
Proposed UDC Amendments Article 9 Section 21.9.8 Red Lines
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 2 of 3
2. Fence Materials.
a. Materials Permitted. Fences may be constructed of chain link or similar woven wire mesh
(provided no screening is attached), pressure treated wood, decorative metal, chain link or
similar woven wire mesh, stone, brick, above ground electrical fencing or other materials
traditionally used in private fence construction.
b. Prohibited Materials. Hog wire or c Chicken wire , screening slats within chain link, and barbed
wire are prohibited except on parcels or lots one acre or greater in size in conjunction with
agricultural operations the containment of livestock or farm animals. Three strand barbed wire
on top of chain link fencing is permitted when associated with public water and wastewater
facilities and when not visible from public rights-of-way or adjacent properties.
3. Fences Adjacent to Residential Property. Where any nonresidential or multifamily use, lot or parcel
except public schools is adjacent to or separated by only a local street or alley from a lot or parcel that
is zoned for single family residential use, the nonresidential or multifamily use shall construct a
masonry screening wall a minimum of eight feet (8') in height.
a. The screen shall be located no closer to the street than the property line. Such screening wall
shall be maintained in good condition.
b. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight
obstructions of intersections shall be applicable to the screen where it is intersected by a right-
of-way.
c. Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be
at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use,
the required masonry screening wall shall be constructed on the higher elevation so as to
mitigate the adjacent residential property from the impacts of the adjacent use.
d. Due to the flexibility in residential/nonresidential for the Main Street Mixed Use (MSMU) and
Main Street Mixed-Use - New Development (MSMU-ND) zoning districts, the masonry wall
requirement is not applicable.
4. Screening of Trash Receptacles. All trash receptacles shall be screened from public view by a solid
screening wall a minimum of eight feet (8') in height and constructed of a masonry material. Gates shall
be of solid metal and shall be closed at all times except when loading and unloading.
5. Fences within Public Easements. Fences within a public easement shall have a gate or removable panel
to allow for maintenance access to such easement. The City shall not be responsible for damage to any
fence that may occur as a result of maintenance of any utility within the easement.
6. Gates for Vehicular Access. Gates designed for vehicular access shall be set back from the property line
a minimum of twenty-four feet (24').
C. Screening Along Arterial Roadways.
1. Requirement Criteria.
a. Where subdivisions are platted so that the rear or side yards of single-family residential lots are
adjacent to a principal or secondary arterial roadway as described in section 21.14.1, or are
separated from a principal or secondary arterial roadway by an alley, the developer shall provide,
at its sole expense, a minimum eight foot (8') tall masonry screening wall. All screening shall be
adjacent to the right-of-way or property line and fully located on the private lot(s), including
columns and decorative features. Any sections of this UDC or any other City ordinances, codes or
regulations concerning sight obstructions of intersections shall be applicable to the screen where
it is intersected by a right-of-way.
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 3 of 3
b. Parcels or lots one (1) acre or greater in size located in the RA zoning district and used in
conjunction with agricultural operations the containment of livestock or farm animals are exempt
from the screening wall requirements of this section.
2. Screening Alternatives. An alternative form of screening, in-lieu of the masonry wall, may be approved
by the Planning and Zoning Commission with the Preliminary Plat application. Alternatives that may be
considered include:
a. a living/landscaped screen in conjunction with decorative metal (e.g., wrought iron) fence
sections with masonry columns;
b. a combination of berms and living/landscaped screening;
c. a combination of berms, decorative masonry walls and living/landscaped screening, either with
or without a decorative metal or "FenceCrete" type of fence with masonry columns; or
d. some other creative screening alternative may be approved if it meets the spirit and intent of this
section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the
Planning and Zoning Commission find it to be in the public interest to approve the alternative
screening device.
3. Time required for opacity. Any required screening device shall be, or shall achieve, at least six feet (6')
in height and at least ninety percent (90%) opacity within three (3) years of initial installation/planting.
4. Maintenance Easement. A wall/screening maintenance easement at least five feet in width shall be
dedicated to the home owners association on the private lot side and adjacent to the entire length of
the screening wall or device for maintenance and repair of the screening wall.
5. Installation. The screening/wall/device shall be installed prior to final acceptance of the subdivision
public improvements. All landscape materials, if utilized, shall be installed in accordance with section
21.9.7. Failure to properly install all components of a required screening wall or device within the
prescribed time frame shall constitute a violation of this UDC, and shall authorize the Public Works
Director to refuse acceptance of the subdivision public improvements.
6. Design of Walls. All masonry, wrought iron, steel or aluminum screening wall plans and details must be
designed and sealed by a licensed professional engineer, and must be approved by the City Manager or
his/her designee. Use of chain-link, chicken-wire, hog-wire fencing, and any other material similar in
appearance and quality is expressly prohibited for meeting the requirements of this section.
7. Height of Screening. The height of required screening devices, including spans between columns, shall
be a minimum of six feet (6') and shall be no more than eight feet (8'). Decorative columns, pilasters,
stone caps, sculptural elements, and other similar features may exceed the maximum height by up to
two feet (2') for a total maximum height of ten feet (10') for these features.
8. Other Easements. Screening fences, walls and devices shall not be constructed within any portion of a
utility or drainage easement unless specifically authorized by the City Manager or his/her designee and
by any other applicable utility provider(s).
(Ord. No. 16-S-27, § 5, 8-30-2016; Ord. No. 18-S-24, § 1(Exh. A), 8-7-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019;
Ord. No. 21-S-26, § 1(Exh. A), 7-6-2021)
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 5
Sec. 21.9.9. Tree Preservation and Mitigation.
A. Purpose and Intent.
1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural
landscape. It is recognized that the preservation of existing trees contributes to the overall quality and
environment of the City. Trees can and do contribute to the processes of purification, oxygenation,
regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and
dust control, abatement of noise, provision of wildlife habitat and enhancement property values.
Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited.
2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City
limits. While the layout of a property with respect to the placement of buildings, parking facilities and
other site requirements is at the discretion of the developer of the property, it is the policy of the City
to promote site layout and design in a manner which preserves the maximum amount of Protected
Class and Heritage Class trees possible.
B. Applicability and Exemptions.
1. The provisions of this section are applicable to the following:
a. all new residential and nonresidential development within the City except public schools;
b. redevelopment of any residential or nonresidential property within the City that results in an
increase in the building footprint or the total destruction and reconstruction except public
schools;
c. any grading, filling or clearing of land in the City limits; and
d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits.
2. The following definitions shall be applicable to the provisions of this section:
a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half
feet above existing ground level) between eight inches (8") and less than twenty-four inches (24")
are designated as "Protected Class Trees".
b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty-four inches (24") are
designated as "Heritage Class Trees".
c. Damage. Damage shall be considered any injury to a tree including, but not limited to:
i. uprooting;
ii. severance of the root system or main trunk;
iii. storage of topsoil, construction materials, debris or chemicals within the drip line area;
iv. compaction of soil within the drip line area;
v. a substantial change in the natural grade above a root system or within the drip line area;
vi. pruning or removal of more than twenty-five percent (25%) of the living tissue; or
vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree
grates or tree wells may be provided to preserve pervious surface within the drip line area.
3. The following are exempt from the preservation, mitigation and permitting requirements of this
section:
Proposed UDC Amendments Article 9 Section 21.9.9 Red Lines
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 2 of 5
a. Protected Class Trees located within the area of a proposed on-site sewage facility (OSSF) (A
waiver to mitigation for Heritage Class trees may be requested);
b. Protected Class and Heritage Class Trees located within a right-of-way to be dedicated to and
maintained by the City and shown on the City's Master Thoroughfare Plan;
c. Protected Class Trees located within any utility easement, Heritage Class Trees located within any
utility easement are exempt from preservation requirements only (A waiver to mitigation for
Heritage Class trees may be requested);
d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other
natural causes;
e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as
determined by a tree survey and a letter from a certified Texas Arborist; provided,
notwithstanding the title of this section; and
f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to
mitigation for Heritage Class trees may be requested)
gf. Protected Class and Heritage Class trees located on property that has an existing one family or
two-family dwelling that is occupied.
hg. Protected Class and Heritage Class trees of the following exempted tree species:
Table 21.9.9 Exempted Trees
Common Name Scientific Name
Hackberry Celtis occidentalis
Eastern Red Cedar Juniperus virginiana
Common Ashe Juniper Juniperis ashei
Chinaberry Melia azedarach
Mesquite Prosopis spp.
Ligustrum Ligustrum spp.
Tree-of Heaven Ailanthus altissima
Chinese Tallow Triadica sebifera
Chinese Privet, Glossy (Japanese) Privet Ligustrum sinense
Paper Mullberry Broussonetia papyrifera
Salt Cedar Tamarix spp.
Chinese Pistache Pistacia chinensis
Vitex Vitex agnus-castus
Japanese Honeysuckle Lonicera Japonica
Nandina Nandina domestica
Princess Tree Paulownia tomentosa
Huisache or Sweet Acia Acacia Farnesiana
Box Elder Acer negundo
Mimosa Albizia julibrissin
Golden-Rain Tree Koelrenteria paniculata
Bradford Pear Pyrus calleryana
Japanese Plum Prunus salicina
Lombardy popular Populus nigra “italica”
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 3 of 5
Chinese Parasol/ Varnish Tree Firmiana simplex
Chinese Loquat or Loquat Eriobotrya japonica
Crape Myrtle Lagerostroemia indica
C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees,
shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section
21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than
eight inches.
1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be
removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community
Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree
removal permit may be appealed to the Planning and Zoning Commission in accordance with section
21.4.14 of this UDC.
2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal
Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of
Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the
Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees
shall be required to meet the mitigation requirements of this section.
3. Minimum Preservation. In the development of any site, at least twenty-five percent (25%) of all
mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25%
preservation requirement may be requested)
D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit
shall be mitigated for on the same site as the proposed development. The species of trees planted for
mitigation purposes may not include those listed as exempt in subsection 21.9.9.B.3. above. nor any of the
undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of
shade tree identified in table 21.9.7.A. In the event that mitigation is not feasible on the same site as the
proposed development, an applicant may request to donate trees, meeting the mitigation requirements of
this section, to be planted at public parks, schools, or other approved public facilities throughout the City or
provide a fee-in-lieu of payment which will be used to place trees at public parks, schools, or other approved
public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair
or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class
trees and to purchase equipment for the preservation or protection of existing trees. Mitigation
requirements are:
1. Protected Class Trees. Protected trees shall be mitigated at a one-to-one (1:1) DBH inch ratio for every
tree removed. Replacement trees shall have a minimum DBH of two inches (2").
2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three-to-one (3:1) DBH inch ratio for
every tree removed. Replacement trees shall have a minimum DBH of two inches (2").
3. Damaged Trees. Any trees that are designated for preservation and are damaged during the
construction process or that die within two (2) years of issuance of a certificate of occupancy shall be
mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above.
4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are
damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall
be mitigated for at a one-to-one (1:1) DBH inch ratio for every tree damaged or that dies.
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 4 of 5
5. The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees
are generally clustered, staff has the discretion to define the acreage of the property as an area
extending twenty feet (20') beyond the tree canopy of the cluster in determining the acreage.
E. Tree Protection Standards.
1. All trees to be preserved on site shall be protected from damage caused by site excavation or
construction in accordance with the following:
a. All trees shall be protected by a fence, frame or box constructed around the drip line of the
preserved tree. Protection measures may not be removed until construction is complete.
b. A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the
preserved tree.
c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any
drive or parking area within the drip line of any Protected Class or Heritage Class Tree without
prior written approval of the City Manager or his/her designee at the time of Site Plan approval.
d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any
Protected Class or Heritage Class Tree.
2. It is the intent of the City to control and prevent the spread of Oak Wilt.
a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the
damaged area shall be immediately treated with tree wound dressing.
b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to
utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding
trees.
F. Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of
existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation
credits may be requested to reduce the amount of new trees required on nonresidential and multifamily
sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being
preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre
requirements of UDC Sec. 21.9.7.D.11.E.2. The following minimum tree preservation credits may be
requested:
1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a one-to-one (1:1) caliper inch ratio;
2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a three-to-one (3:1) caliper inch ratio;
G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for
nonresidential and multifamily development shall be accompanied by a tree survey that includes the
following information:
1. total number of DBH caliper inches of Protected Class and Heritage Class on the site;
2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and
3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved.
H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage
Class trees not exempt in section 21.9.9.B.3.2. above. The permit must be accompanied by an appropriate
application and shall contain a tree preservation plan showing the following:
1. existing/proposed topography;
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 5 of 5
2. location of property lines, easement, rights-of-ways, setbacks, parking areas and sidewalks;
3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees
exempted by section 21.9.9.B.32.f. above;
4. a tree inventory that summarizes the following:
a. total number of DBH caliper inches on the site;
b. total number of DBH caliper inches to be removed;
c. total number of DBH caliper inches to be preserved;
d. location of any proposed tree mitigation;
e. any proposed tree preservation credits; and
5. a summary of the tree protection methods to be utilized.
I. Waiver.
1. General. The City Manager or his/her designee may authorize waivers from the provisions of this
Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may
be granted only to items specifically stated in this section. Waivers must meet one of the following
eligibility requirements:
a. The tree is proposed for removal in order for the property to achieve compliance with other
applicable City requirements and standards (i.e. site design or storm water management); or
b. The tree is proposed for removal because it is within a future public utility location.
2. Criteria for approval. Waivers shall be evaluated using the following criteria:
a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of
surface waters, protection of adjacent trees or windbreaks;
b. The requested waiver does not violate the intent of this section or the UDC;
c. Strict interpretation of the provisions of the section would deprive the applicant of rights
commonly enjoyed by other nearby properties in the same zoning district or with the same land
use that would comply with the same provisions;
d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been
evaluated and determined to not be feasible.
3. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this section
may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning
and Zoning Commission shall consider the same standards as the City Manager or his/her designee as
outlined above.
(Ord. No. 16-S-27, § 6, 8-30-2016; Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-08, § 1(Exh. A), 2-27-
2018; Ord. No. 18-S-24, § 1(Exh. A), 8-7-2018; Ord. No. 22-S-18, § 1(Exh. A), 4-26-2022; Ord. No. 23-S-27, § 1(Exh.
B), 10-17-2023)
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 3
Sec. 21.9.12. Site plan process.
A. Purpose and Applicability.
1. Purpose. This section establishes a Site Plan review process for certain proposed residential,
nonresidential, and mixed-use developments. The purpose of Site Plan approval is to:
a. ensure compliance with the requirements of this UDC;
b. promote better site design;
c. integrate projects more effectively into their surrounding environment;
d. prevent the impairment or depreciation of property values;
e. improve internal vehicular and pedestrian circulation;
f. encourage quality and innovative site planning techniques;
g. project and enhance the overall general public health, safety and welfare;
h. ensure efficient and safe land development;
i. ensure harmonious use of land;
j. ensure compliance with the Comprehensive Land Plan and other appropriate design standards;
and
k. ensure adequate parking and loading, water supply, drainage and storm water management,
sanitary sewer facilities, and other utilities and services.
2. Applicability. Site Plan review and approval shall be required as follows:
a. for any development that contains two (2) or more residential dwelling units on a single tract, lot,
or parcel of land;
b. for any development that contains single-family attached dwelling units;
c. for any non-residential development;
d. any increase in an existing non-residential structure or a residential structure that contains two
(2) or more residential dwelling units that is greater than twenty-five percent (25%) of the
existing building square footage;
e. for any PDD or SUP;
ef. for any single-family residential development that includes a private amenity or facility or a golf
course; and
fg. no building permit shall be issued for any of the above developments until a Site Plan and all
other required engineering/construction plans are first approved by the City. No certificate of
occupancy shall be issued until all construction and development conforms to the approved Site
Plan and associated engineering/construction plans. The Site Plan review process shall include,
but not be limited to, the following steps:
i. pre-application conference;
ii. sSite Plan review and approval; and
iii. cConstruction of project (after City approval of required Site Plan and other associated
plans, including platting and engineering plans).
Proposed UDC Amendments Article 9 Section 21.9.12 Red Lines
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 2 of 3
3. Exempted Uses. The following land use activities are exempted from the requirements of this Article:
a. construction of a one- or two-family dwellings, ordinary accessory structures and related land use
activities;
b. ordinary repair and maintenance of existing structures or uses;
c. agricultural land uses;
d. incidental landscaping or grading;
e. individual manufactured homes; and
f. interior alterations that do not substantially change the nature or use of the structure.
B. Application Requirements. Any request for Site Plan approval shall be accompanied by an application
prepared in accordance with the Development Manual.
C. Processing of Application and Decision.
1. Submittal. An application for a Site Plan shall be submitted to the City Manager or his/her designee.
The City Manager or his/her designee shall review the application for completeness in accordance with
section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to the
other appropriate departments for review and recommendation.
2. Site Plan Approval. The City Manager or his/her designee may approve a site plan. The City Manager or
his/her designee may, for any reason, elect to present the site plan for approval to the Planning and
Zoning Commission. The City Manager or his/her designee shall not approve with conditions or
disapprove a site plan and shall be required to refer any site plan for which approval is refused to the
Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning
Commission shall act on the plan within thirty (30) days after the date a complete application is filed.
3. Conditional Approval and Denial. If the Commission conditionally approves or denies the plan, a written
statement must be provided to the applicant clearly articulating each specific condition for the
conditional approval or reason for denial. Each condition or reason specified in the written statement
may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis
for the conditional approval or denial.
4. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a
plan, the applicant may submit a written response that satisfies each condition for the conditional
approval or remedies each reason for denial provided. The City Manager or his/her designee is
authorized to approve revisions required for conditional approval of the site plan. The Planning and
Zoning Commission shall determine whether to approve or deny the applicant's previously denied plan
or conditionally approved plan, if forwarded to the commission by the City Manager or his/her
designee, no later than the fifteenth (15th ) day after the date the response was submitted.
D. Criteria for Approval. The City Manager or his/her designee in considering final action on a Site Plan, should
consider the following criteria:
1. the Site Plan is consistent with the general purpose and intent of the applicable zoning district
regulations;
2. the Site Plan is compatible with adjacent developments and neighborhoods and includes
improvements to mitigate development related adverse impacts;
3. the Site Plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with
the existing traffic patterns in the area;
4. the Site Plan incorporates features to minimize adverse effects on adjacent properties;
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 3 of 3
5. adequate capacity of public or private facilities for water, sewer, electricity and transportation to and
through the development are provided to the site;
6. the proposed use and associated Site Plan promotes the health, safety or general welfare of the City.
and the safe, orderly, efficient and healthful development of the City.
E. Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as
the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic
physical relationship of the property to adjacent property, do not alter the use permitted, increase the
density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the
approved Site Plan, may be authorized by the City Manager or his/her designee.
F. Expiration of Site Plan. A Site Plan shall expire if any of the following occurs:
1. a building permit has not been approved within two (2) years for the construction of any building on
the property for which the Site Plan was approved.; and
2. a building permit that was approved as a result of an approved Site Plan expires within two (2) years
after approval of the Site Plan.
(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A),
9-3-2019)
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
Schertz, Texas, Unified Development Code Created: 2024-06-07 11:40:48 [EST]
(Supp. No. 8)
Page 1 of 1
ARTICLE 16. DEFINITIONS
Mixed-Use Self-Storage: A climate-controlled building(s) containing ground floor retail, service, or office space
with separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other
than storage shall be prohibited within the individual storage units. Such building(s) shall be a minimum of 45-feet
in height.
Proposed UDC Amendments Article 16 Red Lines
Created: 2024-06-07 11:40:45 [EST]
(Supp. No. 8)
Page 1 of 1
Sec. 21.5.9. Special districts.
A. Air Installation Compatible Use Zone District (AICUZ).
1. Established to provide control on encroachment around a military airfield, encroachment that could
destroy the harmonious relationship existing between the local community and a military airfield. This
could eventually lead to the removal of the airfield, which would affect the economy of the area.
Restrictions established in accordance with suggested guidelines and studies published by the military
will control the development, construction and density of the area. The area is subject to high
frequency of noise from aircraft and is at high risk to potential aircraft accidents. All uses and
regulations contained within the AICUZ shall be in accordance with the AICUZ study and regulations
published by Randolph Air Force Base.
2. A request for development that is not a permitted use by the AICUZ Study, as adopted by the City, or a
request for zoning change for property located within the AICUZ requires written notification to
Randolph Air Force Base (RAFB) of the proposed development, type occupancy, occupant load, hours
of operation, and any special conditions of the project that may include noise, dust, smoke emissions,
etc., and any proposed request for a zone change within the AICUZ, with applicable reference the
Standard Land Use Code Manual (SLUCM) as adopted in the AICUZ Study. An acknowledgment from
RAFB will be requested on the proposed development within 60 days. RAFB may conclude that the
proposed development or zoning change should be permitted. Unless RAFB affirmatively recommends
to the City that the proposed development or zoning change in the AICUZ be permitted, the
development or zoning change will not be approved by the City. Failure on the part of RAFB to respond
within 60 days will be deemed to be disapproval.
B. Planned Development District (PDD). A contiguous land area of a minimum size, as specified by this UDC and
this Article, to be planned and developed using a common master zoning plan, and containing one or more
uses and appurtenant common areas.
C. Reserved.
(Ord. No. 13-S-22, § 5, 7-16-2013)
Proposed UDC Amendments Article 5 Section 21.5.9 Clean
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 1
Sec. 21.9.3. Lots.
A. Lot sizes and dimensions shall conform to the minimum requirements of the appropriate zoning district. The
lot area shall be computed including all easements. Changes in the required lot sizes and dimensions may
only be allowed through rezoning or through the granting of a variance by the BOA. No lot shall be approved
which does not meet the minimum requirements of the appropriate zoning district.
B. In residential subdivisions not served by public sewer, the Planning and Zoning Commission shall require the
developer to cause a percolation test to be made. In no case will the lot size in such subdivision be less than
one-half acre (21,780 square feet). This is the responsibility of the County Health Inspector.
C. Depth and width of properties laid out for commercial or industrial purposes shall be adequate to provide for
the off-street service and parking facilities required by the type of use and development contemplated.
D. Corner lots shall have sufficient width to permit the required building setback and proper orientation to both
streets. Lots abutting crosswalks shall be treated as corner lots.
E. Where a residential lot backs up to a railroad right-of-way, high pressure gas line, industrial area or any other
land use which may have a dangerous effect on residential property, and where no marginal access street or
other street is provided at the rear of such lot, an additional depth of 25 feet shall be required. Where a lot
sides to any of the above, an additional width of 15 feet shall be required. A planting screen or non-access
easement of at least ten feet shall be provided along the line of lots abutting a railroad right-of-way, high
pressure gas line, industrial area or any other land use which may have a dangerous effect on residential
property.
F. Residential lots located on a cul-de-sac shall be at least fifty feet (50') wide at the building line.
G. Residential lots shall be oriented to take advantage of topography; the best relationship to the overall design
of the neighborhood; and to minimize the effects of any surrounding depreciating land uses.
H. There shall be no residential lots facing directly upon a major street.
I. All side lines of lots shall be perpendicular to straight street lines and radial to curved street lines except
where a waiver to this rule will provide a better street and lot layout.
J. Every lot shall be provided with adequate access to a public street, either by direct frontage on such street,
or by public access easement approved by the Planning and Zoning Commission. Rear and/or side driveway
access to major streets shall be prohibited.
K. In no event shall setback lines be less than those required by the applicable zoning district.
Proposed UDC Amendments Article 9 Section 21.9.3 Clean
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 3
Sec. 21.9.8. Screening and Fencing.
A. Fences and Screening in Residential Areas.
1. Height.
a. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a
required front yard shall exceed four feet (4') in height. Fences constructed in the front yard shall
be non-opaque, decorative fences and shall not interfere with the sight visibility triangle as
required by this UDC or any other applicable City ordinances, codes or regulations.
b. Exceptions:
i. A fence not to exceed six feet (6') in height may be installed in the front yard of property
located in a Residential Agricultural (RA) District which is not in a mandatory homeowners'
association or within the jurisdiction of a mandatory architectural review committee and
which contains a minimum of two (2) acres.
ii. A fence not to exceed six feet (6') in height may be installed in the front yard of property
located in a Residential Agricultural (RA) District which is in a mandatory homeowners'
association or within the jurisdiction of a mandatory architectural review committee with
the written approval of the homeowners' association or the architectural review
committee, which approval must accompany the application for fence permit.
iii. Any such fence under this paragraph (b) shall be a non-opaque decorative fence which shall
not interfere with the sight visibility triangle as required by this UDC or any other applicable
City ordinances.
2. Fence Materials.
a. Materials Permitted.
i. Fences may be constructed of chain link or similar woven wire mesh (provided no screening
is attached), pressure treated wood, decorative metal, stone, brick, or other materials
traditionally used in private fence construction.
ii. Decorative fences shall be constructed of pressure treated wood picket, decorative metal,
stone or brick, or a combination thereof. Solid surface area of any decorative fence shall
not exceed fifty percent (50%) of the total surface area. Above ground electrical fencing
shall be permitted in accordance with the building code.
b. Prohibited Materials. Chicken wire and barbed wire are prohibited except on parcels or lots in
conjunction with agricultural operations.
3. Fences within Easements. Fences within a public easement shall have a gate or removable panel to
allow for maintenance access to such easement. The City shall not be responsible for damage to any
fence that may occur as a result of maintenance within the easement. Fences located within drainage
easements shall be equipped with a bar screen at the bottom to allow for proper drainage flow.
B. Fences in Nonresidential and Multifamily Areas.
1. Height. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a
required front yard shall exceed eight feet (8') in height. Fences constructed in the front yard shall be
non-opaque and shall not interfere with the sight visibility triangle as required by this UDC or any other
applicable City ordinances, codes and regulations. All fences for public water and wastewater facilities
are allowed to be opaque.
2. Fence Materials.
Proposed UDC Amendments Article 9 Section 21.9.8 Clean
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 2 of 3
a. Materials Permitted. Fences may be constructed of chain link or similar woven wire mesh
(provided no screening is attached), pressure treated wood, decorative metal, stone, brick,
above ground electrical fencing or other materials traditionally used in private fence
construction.
b. Prohibited Materials. Chicken wire and barbed wire are prohibited except on parcels or lots in
conjunction with agricultural operations . Three strand barbed wire on top of chain link fencing is
permitted when associated with public water and wastewater facilities and when not visible from
public rights-of-way or adjacent properties.
3. Fences Adjacent to Residential Property. Where any nonresidential or multifamily use, lot or parcel
except public schools is adjacent to or separated by only a local street or alley from a lot or parcel that
is zoned for single family residential use, the nonresidential or multifamily use shall construct a
masonry screening wall a minimum of eight feet (8') in height.
a. The screen shall be located no closer to the street than the property line. Such screening wall
shall be maintained in good condition.
b. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight
obstructions of intersections shall be applicable to the screen where it is intersected by a right-
of-way.
c. Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be
at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use,
the required masonry screening wall shall be constructed on the higher elevation so as to
mitigate the adjacent residential property from the impacts of the adjacent use.
d. Due to the flexibility in residential/nonresidential for the Main Street Mixed Use (MSMU) and
Main Street Mixed-Use - New Development (MSMU-ND) zoning districts, the masonry wall
requirement is not applicable.
4. Screening of Trash Receptacles. All trash receptacles shall be screened from public view by a solid
screening wall a minimum of eight feet (8') in height and constructed of a masonry material. Gates shall
be of solid metal and shall be closed at all times except when loading and unloading.
5. Fences within Public Easements. Fences within a public easement shall have a gate or removable panel
to allow for maintenance access to such easement. The City shall not be responsible for damage to any
fence that may occur as a result of maintenance of any utility within the easement.
6. Gates for Vehicular Access. Gates designed for vehicular access shall be set back from the property line
a minimum of twenty-four feet (24').
C. Screening Along Arterial Roadways.
1. Requirement Criteria.
a. Where subdivisions are platted so that the rear or side yards of single-family residential lots are
adjacent to a principal or secondary arterial roadway as described in section 21.14.1, or are
separated from a principal or secondary arterial roadway by an alley, the developer shall provide,
at its sole expense, a minimum eight foot (8') tall masonry screening wall. All screening shall be
adjacent to the right-of-way or property line and fully located on the private lot(s), including
columns and decorative features. Any sections of this UDC or any other City ordinances, codes or
regulations concerning sight obstructions of intersections shall be applicable to the screen where
it is intersected by a right-of-way.
b. Parcels or lots used in conjunction with agricultural operations are exempt from the screening
wall requirements of this section.
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 3 of 3
2. Screening Alternatives. An alternative form of screening, in-lieu of the masonry wall, may be approved
by the Planning and Zoning Commission with the Preliminary Plat application. Alternatives that may be
considered include:
a. a living/landscaped screen in conjunction with decorative metal (e.g., wrought iron) fence
sections with masonry columns;
b. a combination of berms and living/landscaped screening;
c. a combination of berms, decorative masonry walls and living/landscaped screening, either with
or without a decorative metal or "FenceCrete" type of fence with masonry columns; or
d. some other creative screening alternative may be approved if it meets the spirit and intent of this
section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the
Planning and Zoning Commission find it to be in the public interest to approve the alternative
screening device.
3. Time required for opacity. Any required screening device shall be, or shall achieve, at least six feet (6')
in height and at least ninety percent (90%) opacity within three (3) years of initial installation/planting.
4. Maintenance Easement. A wall/screening maintenance easement at least five feet in width shall be
dedicated to the home owners association on the private lot side and adjacent to the entire length of
the screening wall or device for maintenance and repair of the screening wall.
5. Installation. The screening/wall/device shall be installed prior to final acceptance of the subdivision
public improvements. All landscape materials, if utilized, shall be installed in accordance with section
21.9.7. Failure to properly install all components of a required screening wall or device within the
prescribed time frame shall constitute a violation of this UDC, and shall authorize the Public Works
Director to refuse acceptance of the subdivision public improvements.
6. Design of Walls. All masonry, wrought iron, steel or aluminum screening wall plans and details must be
designed and sealed by a licensed professional engineer, and must be approved by the City Manager or
his/her designee. Use of chain-link, chicken-wire, hog-wire fencing, and any other material similar in
appearance and quality is expressly prohibited for meeting the requirements of this section.
7. Height of Screening. The height of required screening devices, including spans between columns, shall
be a minimum of six feet (6') and shall be no more than eight feet (8'). Decorative columns, pilasters,
stone caps, sculptural elements, and other similar features may exceed the maximum height by up to
two feet (2') for a total maximum height of ten feet (10') for these features.
8. Other Easements. Screening fences, walls and devices shall not be constructed within any portion of a
utility or drainage easement unless specifically authorized by the City Manager or his/her designee and
by any other applicable utility provider(s).
(Ord. No. 16-S-27, § 5, 8-30-2016; Ord. No. 18-S-24, § 1(Exh. A), 8-7-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019;
Ord. No. 21-S-26, § 1(Exh. A), 7-6-2021)
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 5
Sec. 21.9.9. Tree Preservation and Mitigation.
A. Purpose and Intent.
1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural
landscape. It is recognized that the preservation of existing trees contributes to the overall quality and
environment of the City. Trees can and do contribute to the processes of purification, oxygenation,
regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and
dust control, abatement of noise, provision of wildlife habitat and enhancement property values.
Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited.
2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City
limits. While the layout of a property with respect to the placement of buildings, parking facilities and
other site requirements is at the discretion of the developer of the property, it is the policy of the City
to promote site layout and design in a manner which preserves the maximum amount of Protected
Class and Heritage Class trees possible.
B. Applicability and Exemptions.
1. The provisions of this section are applicable to the following:
a. all new residential and nonresidential development within the City except public schools;
b. redevelopment of any residential or nonresidential property within the City that results in an
increase in the building footprint or the total destruction and reconstruction except public
schools;
c. any grading, filling or clearing of land in the City limits; and
d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits.
2. The following definitions shall be applicable to the provisions of this section:
a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half
feet above existing ground level) between eight inches (8") and less than twenty-four inches (24")
are designated as "Protected Class Trees".
b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty-four inches (24") are
designated as "Heritage Class Trees".
c. Damage. Damage shall be considered any injury to a tree including, but not limited to:
i. uprooting;
ii. severance of the root system or main trunk;
iii. storage of topsoil, construction materials, debris or chemicals within the drip line area;
iv. compaction of soil within the drip line area;
v. a substantial change in the natural grade above a root system or within the drip line area;
vi. pruning or removal of more than twenty-five percent (25%) of the living tissue; or
vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree
grates or tree wells may be provided to preserve pervious surface within the drip line area.
3. The following are exempt from the preservation, mitigation and permitting requirements of this
section:
Proposed UDC Amendments Article 9 Section 21.9.9 Clean
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 2 of 5
a. Protected Class Trees located within the area of a proposed on-site sewage facility (OSSF) (A
waiver to mitigation for Heritage Class trees may be requested);
b. Protected Class and Heritage Class Trees located within a right-of-way to be dedicated to and
maintained by the City and shown on the City's Master Thoroughfare Plan;
c. Protected Class Trees located within any utility easement, Heritage Class Trees located within any
utility easement are exempt from preservation requirements only (A waiver to mitigation for
Heritage Class trees may be requested);
d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other
natural causes;
e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as
determined by a tree survey and a letter from a certified Texas Arborist; provided,
notwithstanding the title of this section; and
f. Protected Class and Heritage Class trees located on property that has an existing one family or
two-family dwelling that is occupied.
g. Protected Class and Heritage Class trees of the following exempted tree species:
Table 21.9.9 Exempted Trees
Common Name Scientific Name
Hackberry Celtis occidentalis
Eastern Red Cedar Juniperus virginiana
Common Ashe Juniper Juniperis ashei
Chinaberry Melia azedarach
Mesquite Prosopis spp.
Ligustrum Ligustrum spp.
Tree-of Heaven Ailanthus altissima
Chinese Tallow Triadica sebifera
Chinese Privet, Glossy (Japanese) Privet Ligustrum sinense
Paper Mullberry Broussonetia papyrifera
Salt Cedar Tamarix spp.
Chinese Pistache Pistacia chinensis
Vitex Vitex agnus-castus
Japanese Honeysuckle Lonicera Japonica
Nandina Nandina domestica
Princess Tree Paulownia tomentosa
Huisache or Sweet Acia Acacia Farnesiana
Box Elder Acer negundo
Mimosa Albizia julibrissin
Golden-Rain Tree Koelrenteria paniculata
Bradford Pear Pyrus calleryana
Japanese Plum Prunus salicina
Lombardy popular Populus nigra “italica”
Chinese Parasol/ Varnish Tree Firmiana simplex
Chinese Loquat or Loquat Eriobotrya japonica
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 3 of 5
Crape Myrtle Lagerostroemia indica
C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees,
shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section
21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than
eight inches.
1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be
removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community
Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree
removal permit may be appealed to the Planning and Zoning Commission in accordance with section
21.4.14 of this UDC.
2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal
Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of
Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the
Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees
shall be required to meet the mitigation requirements of this section.
3. Minimum Preservation. In the development of any site, at least twenty-five percent (25%) of all
mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25%
preservation requirement may be requested)
D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit
shall be mitigated for on the same site as the proposed development. The species of trees planted for
mitigation purposes may not include those listed as exempt in subsection 21.9.9.B.3. above. In the event that
mitigation is not feasible on the same site as the proposed development, an applicant may request to donate
trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other
approved public facilities throughout the City or provide a fee-in-lieu of payment which will be used to place
trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds
may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and
protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or
protection of existing trees. Mitigation requirements are:
1. Protected Class Trees. Protected trees shall be mitigated at a one-to-one (1:1) DBH inch ratio for every
tree removed. Replacement trees shall have a minimum DBH of two inches (2").
2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three-to-one (3:1) DBH inch ratio for
every tree removed. Replacement trees shall have a minimum DBH of two inches (2").
3. Damaged Trees. Any trees that are designated for preservation and are damaged during the
construction process or that die within two (2) years of issuance of a certificate of occupancy shall be
mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above.
4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are
damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall
be mitigated for at a one-to-one (1:1) DBH inch ratio for every tree damaged or that dies.
5. The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees
are generally clustered, staff has the discretion to define the acreage of the property as an area
extending twenty feet (20') beyond the tree canopy of the cluster in determining the acreage.
E. Tree Protection Standards.
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 4 of 5
1. All trees to be preserved on site shall be protected from damage caused by site excavation or
construction in accordance with the following:
a. All trees shall be protected by a fence, frame or box constructed around the drip line of the
preserved tree. Protection measures may not be removed until construction is complete.
b. A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the
preserved tree.
c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any
drive or parking area within the drip line of any Protected Class or Heritage Class Tree without
prior written approval of the City Manager or his/her designee at the time of Site Plan approval.
d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any
Protected Class or Heritage Class Tree.
2. It is the intent of the City to control and prevent the spread of Oak Wilt.
a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the
damaged area shall be immediately treated with tree wound dressing.
b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to
utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding
trees.
F. Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of
existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation
credits may be requested to reduce the amount of new trees required on nonresidential and multifamily
sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being
preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre
requirements of UDC Sec. 21.9.7.D.11. The following minimum tree preservation credits may be requested:
1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a one-to-one (1:1) caliper inch ratio;
2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a three-to-one (3:1) caliper inch ratio;
G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for
nonresidential and multifamily development shall be accompanied by a tree survey that includes the
following information:
1. total number of DBH caliper inches of Protected Class and Heritage Class on the site;
2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and
3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved.
H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage
Class trees not exempt in section 21.9.9.B.3. above. The permit must be accompanied by an appropriate
application and shall contain a tree preservation plan showing the following:
1. existing/proposed topography;
2. location of property lines, easement, rights-of-ways, setbacks, parking areas and sidewalks;
3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees
exempted by section 21.9.9.B.3 above;
4. a tree inventory that summarizes the following:
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 5 of 5
a. total number of DBH caliper inches on the site;
b. total number of DBH caliper inches to be removed;
c. total number of DBH caliper inches to be preserved;
d. location of any proposed tree mitigation;
e. any proposed tree preservation credits; and
5. a summary of the tree protection methods to be utilized.
I. Waiver.
1. General. The City Manager or his/her designee may authorize waivers from the provisions of this
Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may
be granted only to items specifically stated in this section. Waivers must meet one of the following
eligibility requirements:
a. The tree is proposed for removal in order for the property to achieve compliance with other
applicable City requirements and standards (i.e. site design or storm water management); or
b. The tree is proposed for removal because it is within a future public utility location.
2. Criteria for approval. Waivers shall be evaluated using the following criteria:
a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of
surface waters, protection of adjacent trees or windbreaks;
b. The requested waiver does not violate the intent of this section or the UDC;
c. Strict interpretation of the provisions of the section would deprive the applicant of rights
commonly enjoyed by other nearby properties in the same zoning district or with the same land
use that would comply with the same provisions;
d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been
evaluated and determined to not be feasible.
3. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this section
may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning
and Zoning Commission shall consider the same standards as the City Manager or his/her designee as
outlined above.
(Ord. No. 16-S-27, § 6, 8-30-2016; Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-08, § 1(Exh. A), 2-27-
2018; Ord. No. 18-S-24, § 1(Exh. A), 8-7-2018; Ord. No. 22-S-18, § 1(Exh. A), 4-26-2022; Ord. No. 23-S-27, § 1(Exh.
B), 10-17-2023)
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 3
Sec. 21.9.12. Site plan process.
A. Purpose and Applicability.
1. Purpose. This section establishes a Site Plan review process for certain proposed residential,
nonresidential, and mixed-use developments. The purpose of Site Plan approval is to:
a. ensure compliance with the requirements of this UDC;
b. promote better site design;
c. integrate projects more effectively into their surrounding environment;
d. prevent the impairment or depreciation of property values;
e. improve internal vehicular and pedestrian circulation;
f. encourage quality and innovative site planning techniques;
g. project and enhance the overall general public health, safety and welfare;
h. ensure efficient and safe land development;
i. ensure harmonious use of land;
j. ensure compliance with the Comprehensive Land Plan and other appropriate design standards;
and
k. ensure adequate parking and loading, water supply, drainage and storm water management,
sanitary sewer facilities, and other utilities and services.
2. Applicability. Site Plan review and approval shall be required as follows:
a. for any development that contains two (2) or more residential dwelling units on a single tract, lot,
or parcel of land;
b. for any development that contains single-family attached dwelling units;
c. for any non-residential development;
d. any increase in an existing non-residential structure or a residential structure that contains two
(2) or more residential dwelling units that is greater than twenty-five percent (25%) of the
existing building square footage;
e. for any single-family residential development that includes a private amenity or facility or a golf
course; and
f. no building permit shall be issued for any of the above developments until a Site Plan and all
other required engineering/construction plans are first approved by the City. No certificate of
occupancy shall be issued until all construction and development conforms to the approved Site
Plan and associated engineering/construction plans. The Site Plan review process shall include,
but not be limited to, the following steps:
i. Site Plan review and approval; and
ii. Construction of project (after City approval of required Site Plan and other associated
plans, including platting and engineering plans).
3. Exempted Uses. The following land use activities are exempted from the requirements of this Article:
a. construction of a one family dwelling, accessory structure and related land use activities;
Proposed UDC Amendments Article 9 Section 21.9.12 Clean
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 2 of 3
b. repair and maintenance of existing structures or uses;
c. agricultural land uses;
d. incidental landscaping or grading;
e. individual manufactured homes; and
f. interior alterations that do not substantially change the nature or use of the structure.
B. Application Requirements. Any request for Site Plan approval shall be accompanied by an application
prepared in accordance with the Development Manual.
C. Processing of Application and Decision.
1. Submittal. An application for a Site Plan shall be submitted to the City Manager or his/her designee.
The City Manager or his/her designee shall review the application for completeness in accordance with
section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to the
other appropriate departments for review and recommendation.
2. Site Plan Approval. The City Manager or his/her designee may approve a site plan. The City Manager or
his/her designee may, for any reason, elect to present the site plan for approval to the Planning and
Zoning Commission. The City Manager or his/her designee shall not approve with conditions or
disapprove a site plan and shall be required to refer any site plan for which approval is refused to the
Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning
Commission shall act on the plan within thirty (30) days after the date a complete application is filed.
3. Conditional Approval and Denial. If the Commission conditionally approves or denies the plan, a written
statement must be provided to the applicant clearly articulating each specific condition for the
conditional approval or reason for denial. Each condition or reason specified in the written statement
may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis
for the conditional approval or denial.
4. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a
plan, the applicant may submit a written response that satisfies each condition for the conditional
approval or remedies each reason for denial provided. The City Manager or his/her designee is
authorized to approve revisions required for conditional approval of the site plan. The Planning and
Zoning Commission shall determine whether to approve or deny the applicant's previously denied plan
or conditionally approved plan, if forwarded to the commission by the City Manager or his/her
designee, no later than the fifteenth (15th ) day after the date the response was submitted.
D. Criteria for Approval. The City Manager or his/her designee in considering final action on a Site Plan, should
consider the following criteria:
1. the Site Plan is consistent with the general purpose and intent of the applicable zoning district
regulations;
2. the Site Plan is compatible with adjacent developments and neighborhoods and includes
improvements to mitigate development related adverse impacts;
3. the Site Plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with
the existing traffic patterns in the area;
4. the Site Plan incorporates features to minimize adverse effects on adjacent properties;
5. adequate capacity of public or private facilities for water, sewer, electricity and transportation to and
through the development are provided to the site;
6. the proposed use and associated Site Plan promotes the health, safety or general welfare of the City.
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 3 of 3
E. Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as
the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic
physical relationship of the property to adjacent property, do not alter the use permitted, increase the
density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the
approved Site Plan, may be authorized by the City Manager or his/her designee.
F. Expiration of Site Plan. A Site Plan shall expire if any of the following occurs:
1. a building permit has not been approved within two (2) years for the construction of any building on
the property for which the Site Plan was approved.
(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A),
9-3-2019)
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
Schertz, Texas, Unified Development Code Created: 2024-06-07 11:40:48 [EST]
(Supp. No. 8)
Page 1 of 1
ARTICLE 16. DEFINITIONS
Mixed-Use Self-Storage: A climate-controlled building(s) containing ground floor retail, service, or office space
with separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other
than storage shall be prohibited within the individual storage units. Such building(s) shall be a minimum of 45-feet
in height.
Proposed UDC Amendments Article 16 Clean
PLANNING AND ZONING COMMISSION MEETING: 09/04/2024
Agenda Item 5 B
TO:Planning and Zoning Commission
PREPARED
BY:Samuel Haas, Senior Planner
SUBJECT:PLUDC20240195 - Conduct a public hearing, workshop and discussion and possible action to make a recommendation on
amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 4 - Procedures
and Applications, and Article 5 - Zoning Districts.
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.
When evaluating Comprehensive Plan Amendments, Unified Development Code Amendments, Specific Use Permits, or Zone Changes,
staff uses a set of criteria, specific to each application, to base their analysis and recommendation on. Staff researched neighboring
municipalities as well as other cities throughout the state on what their similar criteria stated. After this research, Staff determined that our
own criteria are in need of revision to become more clear and easy to understand, to match city practices, and to reflect the particular
challenges of today.
The first section that staff is proposing to amend is UDC section 21.4.6.D, which is the criteria for approval for amending the
Comprehensive Plan. Criteria number one includes text that says "health, safety, or general welfare of the City and the safe, orderly,
efficient and healthful development". Staff feels as though this is redundant and is proposing to remove "safe, orderly, efficient and healthful
development". Leaving "health, safety, or general welfare" matches language from the Local Government Code and is consistent with the
rest of the UDC. Staff is proposing to combine current criteria #2 and #4 to be more concise while also removing the "taking into
account..." text as this is redundant and an implicit analysis for Staff and decision makers. Finally, the last criterion was modified to provide
not just our decision makers, but also staff space to consider other "factors".
Comprehensive Plan Amendments Criteria For Approval 21.4.6.D
Current Text Proposed Text
The proposed amendment promotes the health, safety, or general
welfare of the City and the safe, orderly, efficient and healthful
development of the City;
1.
An amendment to the text is consistent with other policies of the
Comprehensive Land Plan, taking into account the nature of any
proposed map amendment associated with the text amendment;
2.
An amendment to the Future Land Use Map, Master
Thoroughfare Plan or any other applicable maps contained in the
Comprehensive Land Plan is consistent with the policies of the
Comprehensive Land Plan that apply to the map being amended,
taking into account the nature of any proposed land use associated
with the map amendment;
3.
Any proposed amendment is consistent with the goals and
objectives of the Comprehensive Land Plan;
4.
Any proposed amendment addresses circumstances that have
changed since the last time the plan map or text was considered,
implements plan policies better than the current plan map or text
corrects a mapping error or addresses a deficiency in the plan; and
5.
Other criteria which, at the discretion of the Planning and Zoning
Commission and City Council, are deemed relevant and important
in the consideration of the amendment.
6.
The proposed amendment promotes the health, safety,
or general welfare of the City;
1.
An amendment to the text is consistent with the goals,
objectives, and other policies of the Comprehensive
Land Plan;
2.
An amendment to the Future Land Use Map, Master
Thoroughfare Plan or any other applicable maps
contained in the Comprehensive Land Plan is
consistent with the policies of the Comprehensive
Land Plan that apply to the map being amended;
3.
Any proposed amendment addresses circumstances
that have changed since the last time the plan map or
text was considered, implements plan policies better
than the current plan map or text corrects a mapping
error or addresses a deficiency in the plan; and
4.
Other factors which, are deemed relevant and
important in the consideration of the amendment.
5.
The second section that staff is proposing to amend is UDC section 21.4.7.D, which is the criteria for approval for amending the Unified
Development Code text. Criteria number one includes text that says "health, safety, or general welfare of the City and the safe, orderly,
efficient and healthful development". Staff feels as though this is redundant and is proposing to remove "safe, orderly, efficient and healthful
development". Leaving "health, safety, or general welfare" matches language from the Local Government Code and is consistent with the
rest of the UDC. Staff is proposing to combine current criteria #2 and #3, and adding new text stating "The proposed amendment corrects
an error, meets the challenge of changing conditions, or is in response to changes in state law". Staff proposes that this new item is needed
as Schertz is rapidly developing, and state law is frequently changing. Also, the UDC is an extensive document that has been constantly
evolving for many years, so certain errors can occur. Finally, the last criterion was modified to provide not just our decision makers, but
also staff space to consider other "factors".
UDC Criteria For Approval 21.4.7.D
Current Text Proposed Text
The proposed amendment promotes the health, safety, or general
welfare of the City and the safe, orderly, efficient and healthful
development of the City
1.
An amendment to the text is consistent with other policies of this
UDC and the City
2.
Any proposed amendment is consistent with the goals and
objectives of this UDC and the City; and
3.
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.
4.
The proposed amendment promotes the health,
safety, and general welfare of the City;
1.
The proposed amendment is consistent with the
goals, objectives, and policies of this UDC and the
City;
2.
The proposed amendment corrects an error, meets
the challenge of changing conditions, or is in
response to changes in state law; and
3.
Other factors which are deemed relevant and
important in the consideration of the amendment.
4.
The next section staff is proposing to modify is UDC 21.5.4. This is the section for zone changes. The first change that staff is proposing to
change is by removing "or zoning map amendment" from the section. This is redundant and when zoning changes occur, as a zoning map
amendment will always follow a zone change. This is most likely a hold-over from an earlier time when zone changes and zoning map
amendments could occur at different times. Now with better technology, the zoning map is updated almost as soon as the zoning ordinance
is approved. The next changes focus specifically on 21.5.4.D, Criteria for Approval. Similar to the UDC criteria changes, staff is proposing
to eliminate language that is redundant. Staff is also proposing to eliminate current criteria #4 through #7. These criteria do not match
current practice or are hold-overs from previous city charters. For example, in the 2012-2013 City Charter, Section 6.07 had extensive
language about the duties of the Tax-Assessor Collector, when taxes should be collected, and when taxes could be assessed. This section
was removed in the adopted 2015 City Charter. The "back taxes owed" criterion is most likely a remnant of this City Charter.
Zone Change Criteria For Approval 21.5.4.D
Current Text Proposed Text
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;
1.
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;
2.
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;
3.
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;
4.
Whether there have been environmental and/or economical changes
which warrant the requested change;
5.
Whether there is an error in the original zoning of the property for
which a change is requested;
6.
Whether all of the applicant's back taxed owed to the City have been
paid in full (no application will receive final approval until all back
taxes are paid in full); and
7.
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.
8.
Whether the proposed zoning change implements
the policies of the adopted Comprehensive Land
Plan, or any other applicable adopted plans;
1.
Whether the proposed zoning change promotes
the health, safety, and general welfare of the City.
2.
Whether the uses permitted by the proposed
change will be consistent and appropriate with
existing uses in the immediate area:
3.
Whether other factors are deemed relevant and
important in the consideration of the amendment.
4.
The last section Staff is proposing to change is UDC Section 21.5.11.D. This section pertains to Specific Use Permits. Proposed changes in
language are consistent with the other two sections in these proposed amendments. Additionally, on March 14, 2023, City Council
approved Ordinance 23-S-07. This ordinance amended portions of the UDC that required more stringent application requirements for
Specific Use Permits, such as a detailed site plan. As a result, criteria #3 through #7 do not match the changes in current city practice that
Ordinance 23-S-07 initiated. Finally, current criteria #8 was reworded to better convey the purpose of a discretionary Specific Use Permit.
That is, developments "with unique or widely varying operating characteristics" necessitate more evaluation to ensure adverse impacts on
the surrounding area will not occur.
Specific Use Permit Criteria For Approval 21.5.11.D
Current Text Proposed Text
The proposed use at the specified location is consistent with the policies
embodied in the adopted Comprehensive Land Plan;
1.
The proposed use is consistent with the general purpose and intent of the
applicable zoning district regulations;
2.
The proposed use is compatible with and preserves the character and integrity of
adjacent developments and neighborhoods, and includes improvements either
on-site or within the public rights-of-way to mitigate development related
adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage
or other similar adverse effects to adjacent development and neighborhoods;
3.
The proposed use does not generate pedestrian and vehicular traffic which will
be hazardous or conflict with the existing and anticipated traffic in the
neighborhood;
4.
The proposed use incorporates roadway adjustments, traffic control devices or
mechanisms, and access restrictions to control traffic flow or divert traffic as
may be needed to reduce or eliminate development generated traffic on
neighborhood streets;
5.
The proposed use incorporates features to minimize adverse effects, including
visual impacts, of the proposed use on adjacent properties;
6.
The proposed use meets the standards for the zoning district, or to the extent
variations from such standards have been requested, that such variations are
necessary to render the use compatible with adjoining development and the
neighborhood;
7.
The proposed [use] promotes the health, safety or general welfare of the City
and the safe, orderly, efficient and healthful development of the City;
8.
No application made under these provisions will receive final approval until all
back taxes owed to the City have been paid in full; and
9.
Other criteria which, at the discretion of the Planning and Zoning Commission
and City Council are deemed relevant and important in the consideration of the
Specific Use Permit.
10.
The proposed use at the specified
location is consistent with the policies
of the adopted Comprehensive Land
Plan, or any other applicable adopted
plans.
1.
The proposed use is consistent with the
general purpose and intent of the
applicable zoning district regulations;
2.
The proposed use is compatible with
and preserves the character and
integrity of adjacent developments and
neighborhoods.
3.
The proposed use will not adversely
affect the overall health, safety or
general welfare of the City;
4.
Whether other factors are deemed
relevant and important in the
consideration of the Specific Use
Permit.
5.
GOAL
To amend the Unified Development Code in order to match city practices and better convey the intent of the UDC by providing clearer
language.
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 Unified Development Code amendments, staff uses the criteria in UDC section 21.4.7.D. to make a recomendation:
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 it matches current city practices. Also, it is better for
the residents of Schertz, applicants, and Staff when there is continuity and clarity throughout the UDC. For these reasons, streamlining our
criteria for approval will assist with the orderly and efficient development of the City.
2. An amendment to the text is consistent with other policies of this UDC and the City;
As mentioned in the background, many of these proposed amendments are reflective of changes in the City Charter, adopted ordinances,
and updated city practices. For this reason, these amendments are consistent with the policies of the UDC and the City.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
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
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.
As of this staff report, Staff has received no special considerations. However, the scheduled public hearing provides the opportunity for the
Planning and Zoning Commission to determine this.
Therefore, Staff is recommending approval of PLUDC20240195
RECOMMENDATION
Approval of PLUDC20240195.
Attachments
UDC Criteria for Approval - redlines
UDC Criteria for Approval - Clean
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 1 of 2
Sec. 21.4.6. Comprehensive Land Plan Amendment.
A. Applicability. The Comprehensive Land Plan of the City reflects the long-term plan for growth and
development of the City. The City Council may, from time to time, on its own motion, by request of the City
Manager or his/her designee or by application from a property owner, amend, supplement, change, modify
or repeal the text of the Comprehensive Land Plan or may amend the boundaries shown on the Future Land
Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land
Plan. Approved amendments to the Comprehensive Land Plan authorize a property owner to submit
subsequent development applications consistent with the amendment.
B. Application Requirements.
1. Application Required. Any request for an amendment to the Comprehensive Land Plan shall be
accompanied by a completed Planning Department Development Application.
2. Accompanying Applications. Any request for amendment of the Future Land Use Map submitted by a
property owner may be accompanied by an application for a zoning change consistent with requested
Future Land Use Map amendment for land within the City limits, or by a Subdivision Master Plan, for
land within the ETJ. Approval of an amendment to the Comprehensive Land Plan shall require all
subsequent development applications to be consistent with the approved amendments.
C. Processing of Application and Decision.
1. Submittal. An application for an amendment to the Comprehensive Land Plan shall be submitted to the
Planning Department. The City Manager or his/her designee shall review the application for
completeness in accordance with section 21.4.2 of this Article. The City Manager or his/her designee
may, at its option, request a recommendation from any other City department or consultant. The City
Manager or his/her designee shall notify the applicant of items requiring correction or attention before
providing a recommendation on the application. After appropriate review, the City Manager or his/her
designee shall forward a written recommendation to the Planning and Zoning Commission for
consideration.
2. Notification Requirements. An application for an amendment to the Comprehensive Land Plan requires
the following notification in accordance with section 21.4.3 of this Article:
a. Written notice prior to consideration by the Planning and Zoning Commission; and
b. Published notice prior to consideration by the City Council.
3. Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written
recommendation regarding a proposed amendment to the Comprehensive Land Plan to the City
Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or
denial of the amendment.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed amendment to the Comprehensive Land Plan and shall hold a
public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The
City Council may vote to approve, approve with conditions, or deny the amendment.
D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City
Council, in considering final action on an amendment to the Comprehensive Land Plan, should consider the
following criteria:
1. The proposed amendment promotes the health, safety, or general welfare of the City; and the safe,
orderly, efficient and healthful development of the City;
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 2 of 2
2. An amendment to the text is consistent with the goals, objectives, and other policies of the
Comprehensive Land Plan, taking into account the nature of any proposed map amendment associated
with the text amendment;
3. An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps
contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land
Plan that apply to the map being amended, taking into account the nature of any proposed land use
associated with the map amendment;
4. Any proposed amendment is consistent with the goals and objectives of the Comprehensive Land Plan;
45. Any proposed amendment addresses circumstances that have changed since the last time the plan
map or text was considered, implements plan policies better than the current plan map or text corrects
a mapping error or addresses a deficiency in the plan; and
56. Other factors criteria which, at the discretion of the Planning and Zoning Commission and City Council,
are deemed relevant and important in the consideration of the amendment.
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 1 of 2
Sec. 21.4.7. Unified Development Code Amendment.
A. Applicability. The provisions of this section apply to any request for an amendment to the text of this UDC.
The City Council may, from time to time, on its own motion, or at the request of the City Manager or his/her
designee, amend, supplement, change, modify or repeal the text of any portion of this UDC in order to
establish and maintain sound, stable and desirable development within the jurisdiction of the City. The
provisions of this section shall exclude amendments to any appendix which may be amended by general
consent of the City Council.
B. Application Requirements. Requests for amendments to the text of this UDC may be initiated by the request
of the Planning and Zoning Commission, the City Council or the City Manager on his/her own initiative. A
request for an amendment to the text of this UDC shall be accompanied by a completed Development
Application.
C. Processing of Application and Decision.
1. Submittal. An application for an amendment to the text of this UDC shall be submitted to the City
Manager or his/her designee. The City Manager or his/her designee shall review the application and
may direct the proposed amendment to any other City departments or consultant for review and
recommendation. After appropriate review, the City Manager or his/her designee shall forward a
recommendation to the Planning and Zoning Commission for consideration.
2. Notification Requirements. An application for an amendment to the text of this UDC requires published
notice prior to consideration by the City Council.
3. Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written
recommendation regarding a proposed amendment to the text of this UDC to the City Council. The
Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the
amendment.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed amendment to the text of this UDC and shall hold a public
hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The City
Council may vote to approve, approve with conditions, or deny the amendment. Such amendment
shall be by ordinance, and the identifying number of any such ordinance shall be noted on the cover of
this UDC.
D. Criteria for Approval. The Planning and Zoning Commission, in making its written recommendation, and the
City Council, in considering final action on an amendment to the text of this UDC, should consider the
following criteria:
1. The proposed amendment promotes the health, safety, orand general welfare of the City and the safe,
orderly, efficient and healthful development of the City;
2. AnThe proposed amendment to the text is consistent with goals, objectives, and other policies of this
UDC and the City;
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the CityThe
proposed amendment corrects an error, meets the challenge of changing conditions, or is in response
to changes in state law; and
4. Other factors 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.
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 2 of 2
E. Non-Substantive Amendments. Notwithstanding the other provisions of this section, the City Council may by
resolution correct spelling or punctuation errors, cross-reference errors, and other matters herein
determined by the City Attorney to be non-substantive without complying with the foregoing provisions of
this section. The number of any such resolution shall be noted on the cover of this UDC.
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 1 of 3
Sec. 21.5.4. Zoning Change/Zoning Map Amendment.
A. Applicability.
1. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her
designee, or by application from a property owner, establish or amend the boundaries shown on the
Official Zoning Map of the City. A zoning change or zoning map amendment is required to establish the
use of land and the development associated with the proposed zoning classification for the purpose of
establishing and maintaining sound, stable and desirable development within the City.
2. Approval of a zoning change or zoning map amendment authorizes a property owner to submit
subsequent development applications consistent with the amendment.
B. Application Requirements.
1. Application Required. Any request for a zoning change or zoning map amendment shall be
accompanied by an application and zoning exhibit prepared in accordance with the Development
Manual.
2. Accompanying Applications. A request for a zoning change or zoning map amendment may be
accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master
Plan. Approval of a zoning change or zoning map amendment shall require all subsequent development
applications to be consistent with the approved amendments.
3. Tax Certificate Required. All applications made as a request for a zoning change or zoning map
amendment shall be accompanied by a copy of a Tax Certificate.
C. Processing of Application and Decision.
1. Submittal. An application for a zoning change or zoning map amendment shall be submitted to the City
Manager or his/her designee. The City Manager or his/her designee shall review the application for
completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its
option, request a recommendation from any other City Department or consultant. The City Manager or
his/her designee shall notify the applicant of items requiring correction or attention before providing a
recommendation on the application. After appropriate review, the City Manager or his/her designee
shall forward a written recommendation to the Planning and Zoning Commission for consideration.
2. Notification Requirements. An application for a zoning change or zoning map amendment requires the
following notification in accordance with section 21.4.3:
a. written notice prior to consideration by the Planning and Zoning Commission; and
b. published notice prior to consideration by the City Council.
c. posted notice prior to consideration by the Planning and Zoning Commission and prior to
consideration by the City Council.
3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation
regarding a proposed zoning change or zoning map amendment to the City Council. The Planning and
Zoning Commission may recommend approval, approval with conditions, or denial of the zoning
changeamendment. The Planning and Zoning Commission may, on its own motion or by request of the
property owner, postpone consideration of the request to a certain date that is not more than thirty
(30) calendar days after the date of the current consideration in order to review additional information
or modifications which may have a direct bearing on the recommendation to the City Council.
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 2 of 3
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed zoning change or zoning map amendment and shall hold a
public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council
may vote to approve, approve with conditions, or deny the zoning changeamendment. The City Council
may, on its own motion or by request of the property owner, postpone consideration of the request to
a certain date that is not more than thirty (30) calendar days after the date of the current
consideration in order to review additional information or modifications which may have a direct
bearing on the final decision.
5. Consideration of a Previously Denied Zoning Change Amendments. A request for a zoning change or
zoning map amendment for a tract of land shall not be considered by the Planning and Zoning
Commission or the City Council within six (6) months after the Council's decision to deny the request
unless the request is to a different zoning classification or there has been a substantial change in the
conditions surrounding the parcel since the initial request. For the purpose of this section, a request
may be considered substantially different if the change is to a different zoning classification, there is a
change in conditions relating to zoning principles of the property or surrounding properties or there is
a change in the nature of the development of the property or surrounding properties. The City
Manager or his/her designee shall have the authority to determine whether the request is substantially
different from the initial request.
D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City
Council, in considering final action on a zoning change or zoning map amendment, should consider the
following criteria:
1. Whether the proposed zoning change or zoning map amendment implements the policies of the
adopted Comprehensive Land Plan, or any other applicable adopted plans; including the land use
classification of the property on the Future Land Use Map;
2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, andor
general welfare of the City. and the safe, orderly, efficient and healthful development of the City;
3. Whether the uses permitted by the proposed change in zoning district classification and the standards
applicable to such uses will be consistent and appropriate with existing uses in the immediate area; of
the land to be reclassified;
4. Whether the proposed change is in accord with any existing or proposed plans for providing public
schools, streets, water supply, sanitary sewers or other public services and utilities to the area;
5. Whether there have been environmental and/or economical changes which warrant the requested
change;
6. Whether there is an error in the original zoning of the property for which a change is requested;
7. Whether all of the applicant's back taxed owed to the City have been paid in full (no application will
receive final approval until all back taxes are paid in full); and
84. Whether other factors criteria are met, which, at the discretion of the Planning and Zoning Commission
and the City Council, are deemed relevant and important in the consideration of the amendment.
E. Protests.
1. If a proposed zoning change or zoning map amendment is protested in accordance with this section,
the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths
(¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). The
protest must be written and signed by the owners of at least twenty percent (20%) of either:
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 3 of 3
a. The area of the lots or land covered by the proposed zoning change or zoning map amendment;
or
b. The area of the lots or land immediately adjoining the area covered by the proposed zoning
change or zoning map amendment and extending 200 feet from that area.
2. In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys
shall be included.
3. In determining property ownership under section 21.5.4.E.1 above, the property owner shall be the
owner as indicated on the most recently approved municipal tax roll, unless the property has been
bought or sold since the last approved municipal tax roll. The City Manager or his/her designee
determines property ownership in the above-mentioned municipal tax roll from the County Appraisal
District.
a. If a property has recently been purchased and the County Appraisal District has not updated their
public records to reflect the now current property owner, the new property owner must submit
proof of ownership with their written protest to demonstrate ownership for the protest to be
counted under section 21.5.4.E.1.
b. In the event of a conflict in property ownership, the City Manager or his/her designee shall
determine who the owner of the property is for the purposes of calculating written protest.
c. The written protest will only be counted if signed by the owner of the property. Written protests
from tenants or lessees will not be counted toward the written protest calculations under section
21.5.4.E.1.
4. The following deadlines apply to the receipt and calculation of written protest:
a. First Reading. Written protest must be received before noon (12pm) on the Friday before the first
reading of the proposed zoning change or zoning map amendment ordinance by the City Council,
in order to be included in the calculation of written protest described by section 21.5.4.E.1.
b. Second Reading. Written protest must be received before noon (12pm) on the Friday before the
second reading of the proposed zoning change or zoning map amendment ordinance by the City
Council, in order to be included in the calculation of written protest described by section
21.5.4.E.1.
c. Written protest received prior to the First Reading deadline will also be included in the Second
Reading written protest calculation.
d. In calculating the written protest described by section 21.5.4.E.1., only the most recent written
protest received prior to the deadline above will be counted per property.
e. In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday
before the City Council reading, the deadline will be extended to noon (12pm) on the next
business day.
(Ord. No. 17-S-42, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-S-78, § 1(Exh. A),
11-14-2023)
Created: 2024-06-07 11:40:45 [EST]
(Supp. No. 8)
Page 1 of 2
Sec. 21.5.11. Specific Use Permit (SUP).
A. Applicability. Specific Use Permits allow for discretionary City Council approval of uses with unique or widely
varying operating characteristics or unusual site development features, subject to the terms and conditions
set forth in this UDC. These uses and the districts where they may be located are listed in Table 21.5.8.
Certain uses located within the AICUZ zone require an SUP. Approval of a Specific Use Permit authorizes a
property owner to submit subsequent development applications consistent with the approved SUP.
B. Application Requirements.
1. Application Required. Any request for a Specific Use Permit (SUP) shall be accompanied by an
application and SUP exhibit prepared in accordance with the Development Manual.
2. Tax Certificate Required. All applications made as a request for a Specific Use Permit shall be
accompanied by a copy of a Tax Certificate.
C. Processing of Application and Decision.
1. Submittal. An application for a Specific Use Permit shall be submitted to the City Manager or his/her
designee. The City Manager or his/her designee shall review the application for completeness in
accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a
recommendation from any other City Department or consultant. The City Manager or his/her designee
shall notify the applicant of items requiring correction or attention before providing a recommendation
on the application. After appropriate review, the City Manager or his/her designee shall forward a
written recommendation to the Planning and Zoning Commission for consideration.
2. Notification requirements. An application for a Specific Use Permit requires the following notification in
accordance with section 21.4.3:
a. Written notice prior to consideration by the Planning and Zoning Commission; and
b. Published notice prior to consideration by the City Council.
3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation
regarding a proposed Specific Use Permit to the City Council. The Planning and Zoning Commission may
recommend approval, approval with conditions, or denial of the SUP. The Planning and Zoning
Commission may, on its own motion or by request of the property owner, postpone consideration of
the request to a certain date that is not more than thirty (30) calendar days after the date of the
current consideration in order to review additional information or modifications which may have a
direct bearing on the recommendation to the City Council.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed Specific Use Permit and shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to
approve, approve with conditions, or deny the SUP. The City Council may, on its own motion or by
request of the property owner, postpone consideration of the request to a certain date that is not
more than thirty (30) calendar days after the date of the current consideration in order to review
additional information or modifications which may have a direct bearing on the final decision.
D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City
Council, In considering final action on a Specific Use Permit, should consider the following criteria:
1. The proposed use at the specified location is consistent with the policies of the adopted
Comprehensive Land Plan, or any other applicable adopted plans. consistent with the policies
embodied in the adopted Comprehensive Land Plan;
Created: 2024-06-07 11:40:45 [EST]
(Supp. No. 8)
Page 2 of 2
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district
regulations;
3. The proposed use is compatible with and preserves the character and integrity of adjacent
developments and neighborhoods., and includes improvements either on-site or within the public
rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors,
visual nuisances, drainage or other similar adverse effects to adjacent development and
neighborhoods;
4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or
conflict with the existing and anticipated traffic in the neighborhood;
5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and
access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate
development generated traffic on neighborhood streets;
6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the
proposed use on adjacent properties;
7. The proposed use meets the standards for the zoning district, or to the extent variations from such
standards have been requested, that such variations are necessary to render the use compatible with
adjoining development and the neighborhood;
48. The proposed use [use] promotes will not adversely affect the overall health, safety or general welfare
of the City and the safe, orderly, efficient and healthful development of the City;
9. No application made under these provisions will receive final approval until all back taxes owed to the
City have been paid in full; and
510. Whether Oother factors criteria which, at the discretion of the Planning and Zoning Commission and
City Council are deemed relevant and important in the consideration of the Specific Use Permit.
E. Conditions. The Planning and Zoning Commission, in making its recommendation, and the City Council, in
considering final action, may require such modifications in the proposed use and attach such conditions to
the Specific Use Permit as deemed necessary to mitigate adverse effects of the proposed use and to carry
out the spirit and intent of this section. Conditions and modifications may include but are not limited to
limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced
loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking
improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and
screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the
permit, hours of operation, and requiring a site layout.
F. Expiration of Specific Use Permit. A Specific Use Permit shall expire if any of the following occurs:
1. A building permit, if necessary, for the use has not been approved within two (2) years after the
approval of the SUP;
2. A building permit approved as a result of the approval of the SUP expires within two (2) years after the
approval of the SUP;
3. The use has been abandoned or discontinued for a period of time exceeding six (6) months; or
4. The SUP expires in accordance with its terms.
(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-S-07, § 1(Exh. A), 3-14-2023)
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 1 of 2
Sec. 21.4.6. Comprehensive Land Plan Amendment.
A. Applicability. The Comprehensive Land Plan of the City reflects the long-term plan for growth and
development of the City. The City Council may, from time to time, on its own motion, by request of the City
Manager or his/her designee or by application from a property owner, amend, supplement, change, modify
or repeal the text of the Comprehensive Land Plan or may amend the boundaries shown on the Future Land
Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land
Plan. Approved amendments to the Comprehensive Land Plan authorize a property owner to submit
subsequent development applications consistent with the amendment.
B. Application Requirements.
1. Application Required. Any request for an amendment to the Comprehensive Land Plan shall be
accompanied by a completed Planning Department Development Application.
2. Accompanying Applications. Any request for amendment of the Future Land Use Map submitted by a
property owner may be accompanied by an application for a zoning change consistent with requested
Future Land Use Map amendment for land within the City limits, or by a Subdivision Master Plan, for
land within the ETJ. Approval of an amendment to the Comprehensive Land Plan shall require all
subsequent development applications to be consistent with the approved amendments.
C. Processing of Application and Decision.
1. Submittal. An application for an amendment to the Comprehensive Land Plan shall be submitted to the
Planning Department. The City Manager or his/her designee shall review the application for
completeness in accordance with section 21.4.2 of this Article. The City Manager or his/her designee
may, at its option, request a recommendation from any other City department or consultant. The City
Manager or his/her designee shall notify the applicant of items requiring correction or attention before
providing a recommendation on the application. After appropriate review, the City Manager or his/her
designee shall forward a written recommendation to the Planning and Zoning Commission for
consideration.
2. Notification Requirements. An application for an amendment to the Comprehensive Land Plan requires
the following notification in accordance with section 21.4.3 of this Article:
a. Written notice prior to consideration by the Planning and Zoning Commission; and
b. Published notice prior to consideration by the City Council.
3. Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written
recommendation regarding a proposed amendment to the Comprehensive Land Plan to the City
Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or
denial of the amendment.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed amendment to the Comprehensive Land Plan and shall hold a
public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The
City Council may vote to approve, approve with conditions, or deny the amendment.
D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City
Council, in considering final action on an amendment to the Comprehensive Land Plan, should consider the
following criteria:
1. The proposed amendment promotes the health, safety, or general welfare of the City;
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 2 of 2
2. An amendment to the text is consistent with the goals, objectives, and other policies of the
Comprehensive Land Plan;
3. An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps
contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land
Plan that apply to the map being amended;
4. Any proposed amendment addresses circumstances that have changed since the last time the plan
map or text was considered, implements plan policies better than the current plan map or text corrects
a mapping error or addresses a deficiency in the plan; and
5. Other factors which, are deemed relevant and important in the consideration of the amendment.
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 1 of 2
Sec. 21.4.7. Unified Development Code Amendment.
A. Applicability. The provisions of this section apply to any request for an amendment to the text of this UDC.
The City Council may, from time to time, on its own motion, or at the request of the City Manager or his/her
designee, amend, supplement, change, modify or repeal the text of any portion of this UDC in order to
establish and maintain sound, stable and desirable development within the jurisdiction of the City. The
provisions of this section shall exclude amendments to any appendix which may be amended by general
consent of the City Council.
B. Application Requirements. Requests for amendments to the text of this UDC may be initiated by the request
of the Planning and Zoning Commission, the City Council or the City Manager on his/her own initiative. A
request for an amendment to the text of this UDC shall be accompanied by a completed Development
Application.
C. Processing of Application and Decision.
1. Submittal. An application for an amendment to the text of this UDC shall be submitted to the City
Manager or his/her designee. The City Manager or his/her designee shall review the application and
may direct the proposed amendment to any other City departments or consultant for review and
recommendation. After appropriate review, the City Manager or his/her designee shall forward a
recommendation to the Planning and Zoning Commission for consideration.
2. Notification Requirements. An application for an amendment to the text of this UDC requires published
notice prior to consideration by the City Council.
3. Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written
recommendation regarding a proposed amendment to the text of this UDC to the City Council. The
Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the
amendment.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed amendment to the text of this UDC and shall hold a public
hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The City
Council may vote to approve, approve with conditions, or deny the amendment. Such amendment
shall be by ordinance, and the identifying number of any such ordinance shall be noted on the cover of
this UDC.
D. Criteria for Approval. The Planning and Zoning Commission, in making its written recommendation, and the
City Council, in considering final action on an amendment to the text of this UDC, should consider the
following criteria:
1. The proposed amendment promotes the health, safety, and general welfare of the City;
2. The proposed amendment is consistent with the goals, objectives, and policies of this UDC and the City;
3. The proposed amendment corrects an error, meets the challenge of changing conditions, or is in
response to changes in state law; and
4. Other factors which are deemed relevant and important in the consideration of the amendment.
E. Non-Substantive Amendments. Notwithstanding the other provisions of this section, the City Council may by
resolution correct spelling or punctuation errors, cross-reference errors, and other matters herein
determined by the City Attorney to be non-substantive without complying with the foregoing provisions of
this section. The number of any such resolution shall be noted on the cover of this UDC.
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 2 of 2
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 1 of 3
Sec. 21.5.4. Zoning Change.
A. Applicability.
1. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her
designee, or by application from a property owner, establish or amend the boundaries shown on the
Official Zoning Map of the City. A zoning change is required to establish the use of land and the
development associated with the proposed zoning classification for the purpose of establishing and
maintaining sound, stable and desirable development within the City.
2. Approval of a zoning change authorizes a property owner to submit subsequent development
applications consistent with the amendment.
B. Application Requirements.
1. Application Required. Any request for a zoning change shall be accompanied by an application and
zoning exhibit prepared in accordance with the Development Manual.
2. Accompanying Applications. A request for a zoning change may be accompanied by an application for
amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change
shall require all subsequent development applications to be consistent with the approved
amendments.
3. Tax Certificate Required. All applications made as a request for a zoning change shall be accompanied
by a copy of a Tax Certificate.
C. Processing of Application and Decision.
1. Submittal. An application for a zoning change shall be submitted to the City Manager or his/her
designee. The City Manager or his/her designee shall review the application for completeness in
accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a
recommendation from any other City Department or consultant. The City Manager or his/her designee
shall notify the applicant of items requiring correction or attention before providing a recommendation
on the application. After appropriate review, the City Manager or his/her designee shall forward a
written recommendation to the Planning and Zoning Commission for consideration.
2. Notification Requirements. An application for a zoning change requires the following notification in
accordance with section 21.4.3:
a. written notice prior to consideration by the Planning and Zoning Commission; and
b. published notice prior to consideration by the City Council.
c. posted notice prior to consideration by the Planning and Zoning Commission and prior to
consideration by the City Council.
3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation
regarding a proposed zoning change to the City Council. The Planning and Zoning Commission may
recommend approval, approval with conditions, or denial of the zoning change. The Planning and
Zoning Commission may, on its own motion or by request of the property owner, postpone
consideration of the request to a certain date that is not more than thirty (30) calendar days after the
date of the current consideration in order to review additional information or modifications which may
have a direct bearing on the recommendation to the City Council.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed zoning change and shall hold a public hearing in accordance
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 2 of 3
with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve
with conditions, or deny the zoning change. The City Council may, on its own motion or by request of
the property owner, postpone consideration of the request to a certain date that is not more than
thirty (30) calendar days after the date of the current consideration in order to review additional
information or modifications which may have a direct bearing on the final decision.
5. Consideration of a Previously Denied Zoning Change. A request for a zoning change for a tract of land
shall not be considered by the Planning and Zoning Commission or the City Council within six (6)
months after the Council's decision to deny the request unless the request is to a different zoning
classification or there has been a substantial change in the conditions surrounding the parcel since the
initial request. For the purpose of this section, a request may be considered substantially different if
the change is to a different zoning classification, there is a change in conditions relating to zoning
principles of the property or surrounding properties or there is a change in the nature of the
development of the property or surrounding properties. The City Manager or his/her designee shall
have the authority to determine whether the request is substantially different from the initial request.
D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City
Council, in considering final action on a zoning change, should consider the following criteria:
1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land
Plan, or any other applicable adopted plans;
2. Whether the proposed zoning change promotes the health, safety, and general welfare of the City.
3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing
uses in the immediate area;
4. Whether other factors are deemed relevant and important in the consideration of the amendment.
E. Protests.
1. If a proposed zoning change is protested in accordance with this section, the proposed change must
receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the
City Council according to LGC, Local Government Code § 211.006(d). The protest must be written and
signed by the owners of at least twenty percent (20%) of either:
a. The area of the lots or land covered by the proposed zoning change; or
b. The area of the lots or land immediately adjoining the area covered by the proposed zoning
change and extending 200 feet from that area.
2. In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys
shall be included.
3. In determining property ownership under section 21.5.4.E.1 above, the property owner shall be the
owner as indicated on the most recently approved municipal tax roll, unless the property has been
bought or sold since the last approved municipal tax roll. The City Manager or his/her designee
determines property ownership in the above-mentioned municipal tax roll from the County Appraisal
District.
a. If a property has recently been purchased and the County Appraisal District has not updated their
public records to reflect the now current property owner, the new property owner must submit
proof of ownership with their written protest to demonstrate ownership for the protest to be
counted under section 21.5.4.E.1.
b. In the event of a conflict in property ownership, the City Manager or his/her designee shall
determine who the owner of the property is for the purposes of calculating written protest.
Created: 2024-06-07 11:40:44 [EST]
(Supp. No. 8)
Page 3 of 3
c. The written protest will only be counted if signed by the owner of the property. Written protests
from tenants or lessees will not be counted toward the written protest calculations under section
21.5.4.E.1.
4. The following deadlines apply to the receipt and calculation of written protest:
a. First Reading. Written protest must be received before noon (12pm) on the Friday before the first
reading of the proposed zoning change ordinance by the City Council, in order to be included in
the calculation of written protest described by section 21.5.4.E.1.
b. Second Reading. Written protest must be received before noon (12pm) on the Friday before the
second reading of the proposed zoning change ordinance by the City Council, in order to be
included in the calculation of written protest described by section 21.5.4.E.1.
c. Written protest received prior to the First Reading deadline will also be included in the Second
Reading written protest calculation.
d. In calculating the written protest described by section 21.5.4.E.1., only the most recent written
protest received prior to the deadline above will be counted per property.
e. In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday
before the City Council reading, the deadline will be extended to noon (12pm) on the next
business day.
(Ord. No. 17-S-42, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-S-78, § 1(Exh. A),
11-14-2023)
Created: 2024-06-07 11:40:45 [EST]
(Supp. No. 8)
Page 1 of 2
Sec. 21.5.11. Specific Use Permit (SUP).
A. Applicability. Specific Use Permits allow for discretionary City Council approval of uses with unique or widely
varying operating characteristics or unusual site development features, subject to the terms and conditions
set forth in this UDC. These uses and the districts where they may be located are listed in Table 21.5.8.
Certain uses located within the AICUZ zone require an SUP. Approval of a Specific Use Permit authorizes a
property owner to submit subsequent development applications consistent with the approved SUP.
B. Application Requirements.
1. Application Required. Any request for a Specific Use Permit (SUP) shall be accompanied by an
application and SUP exhibit prepared in accordance with the Development Manual.
2. Tax Certificate Required. All applications made as a request for a Specific Use Permit shall be
accompanied by a copy of a Tax Certificate.
C. Processing of Application and Decision.
1. Submittal. An application for a Specific Use Permit shall be submitted to the City Manager or his/her
designee. The City Manager or his/her designee shall review the application for completeness in
accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a
recommendation from any other City Department or consultant. The City Manager or his/her designee
shall notify the applicant of items requiring correction or attention before providing a recommendation
on the application. After appropriate review, the City Manager or his/her designee shall forward a
written recommendation to the Planning and Zoning Commission for consideration.
2. Notification requirements. An application for a Specific Use Permit requires the following notification in
accordance with section 21.4.3:
a. Written notice prior to consideration by the Planning and Zoning Commission; and
b. Published notice prior to consideration by the City Council.
3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation
regarding a proposed Specific Use Permit to the City Council. The Planning and Zoning Commission may
recommend approval, approval with conditions, or denial of the SUP. The Planning and Zoning
Commission may, on its own motion or by request of the property owner, postpone consideration of
the request to a certain date that is not more than thirty (30) calendar days after the date of the
current consideration in order to review additional information or modifications which may have a
direct bearing on the recommendation to the City Council.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed Specific Use Permit and shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to
approve, approve with conditions, or deny the SUP. The City Council may, on its own motion or by
request of the property owner, postpone consideration of the request to a certain date that is not
more than thirty (30) calendar days after the date of the current consideration in order to review
additional information or modifications which may have a direct bearing on the final decision.
D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City
Council, In considering final action on a Specific Use Permit, should consider the following criteria:
1. The proposed use at the specified location is consistent with the policies of the adopted
Comprehensive Land Plan, or any other applicable adopted plans.
Created: 2024-06-07 11:40:45 [EST]
(Supp. No. 8)
Page 2 of 2
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district
regulations;
3. The proposed use is compatible with and preserves the character and integrity of adjacent
developments and neighborhoods.
4. The proposed use will not adversely affect the overall health, safety or general welfare of the City;
5. Whether other factors are deemed relevant and important in the consideration of the Specific Use
Permit.
E. Conditions. The Planning and Zoning Commission, in making its recommendation, and the City Council, in
considering final action, may require such modifications in the proposed use and attach such conditions to
the Specific Use Permit as deemed necessary to mitigate adverse effects of the proposed use and to carry
out the spirit and intent of this section. Conditions and modifications may include but are not limited to
limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced
loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking
improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and
screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the
permit, hours of operation, and requiring a site layout.
F. Expiration of Specific Use Permit. A Specific Use Permit shall expire if any of the following occurs:
1. A building permit, if necessary, for the use has not been approved within two (2) years after the
approval of the SUP;
2. A building permit approved as a result of the approval of the SUP expires within two (2) years after the
approval of the SUP;
3. The use has been abandoned or discontinued for a period of time exceeding six (6) months; or
4. The SUP expires in accordance with its terms.
(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-S-07, § 1(Exh. A), 3-14-2023)
PLANNING AND ZONING COMMISSION MEETING: 09/04/2024
Agenda Item 5 C
TO:Planning and Zoning Commission
PREPARED
BY:Samuel Haas, Senior Planner
SUBJECT:PLUDC20240186 - Conduct a public hearing, workshop and discussion and possible action to make a recommendation on
amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5 - Zoning
Districts and Article 10 - Parking Standards.
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.
A recent regional trend in the housing market is for developments that offer something in-between traditional single-family subdivision
housing and large multi-family complexes. Staff has recently received several proposals for these developments, typically in the form of
one large lot that behaves like a multi-family complex that is spread out; a product known in the industry as Build to Rent (BTR). City
Council has recently approved two such proposals as components of a larger Planned Development District (PDD) project. The two
proposals that were approved were the Schertz Station PDD and the Schertz Gateway PDD.
When an applicant is applying for a Planned Development District (PDD), they must select a base zoning district. The PDD allows
applicants to request modifications to the Unified Development Code (UDC) to fit their project. Given that our zoning districts offer
mostly single-family zoning variations and limited other options, both Schertz Station and Schertz Gateway selected the
Apartment/Multi-Family Residential District (R-4) and lowered the maximum density from 24 dwelling units per acre to around 10-12
dwelling units per acre.
However, when an applicant applies for a straight zone change, they must adhere to the requirements as set forth in the UDC. This has the
potential to present a problem with this middle-density housing product. When City Council approves PDD applications, they also approve
the concept that is tied to the application. This ensures no deviation from what was presented. With a straight zone change, there is no such
requirement to adhere to the concept. So, an applicant may propose a middle density housing product as part of a zone change request for
an R-4 district, but if said proposal were approved, there would be nothing preventing them from building 24 units per acre. This means
that an applicant wishing to bring a 10-12 unit per acre housing product will almost always have to go the PDD route.
Given that the Planning and Zoning Commission and City Council have been amenable to these middle density housing project proposals,
staff concluded that the city should establish a new base zoning district in order to codify a framework for what these projects should look
like in Schertz. The proposed amendments in PLUDC20240186 will establish a new zoning district called Middle Density Residential
District (R-5). As part of this proposal, Staff has drafted language to provide incentives for "smaller" developments. Smaller is being
defined as R-5 developments occurring on tracts under 1 acre. This includes a small density bonus, as well as decreased site design and
parking requirements.
In addition to establishing a new residential zoning district, Staff is also proposing to make modifications to the current Apartment /
Multi-Family District (R-4). With the proposed establishing of R-5, Schertz will be creating space for
incremental multi-family developments through differences in density and scale of housing products. This means that the current R-4
district can be repurposed to be slightly denser and taller. However, staff is proposing that when deciding on the appropriateness of location
for these developments, the UDC requirements become more selective.
The proposed amendments will be in the following sections of the UDC:
UDC Sections
Section 21.5.2 Zoning Districts Established
Table establishing zoning districts in the City
Apartment / Multi-Family (R-4)Middle Density Residential (R-5)
(no change)Adding Middle Density Residential (R-5)
Section 21.5.5 Zoning Districts Established
A narrative description of each zoning district.
Apartment / Multi-Family (R-4)Middle Density Residential (R-5)
Intended to provide denser apartment and multi-family style developments.
This district is a suitable transition between single-family districts and
commercial uses. However, Apartment/Multi-Family Residential Districts
(R-4) shall not be located in areas where they would increase traffic with
access through single-family neighborhoods and shall be located adjacent to
arterial streets. The maximum density shall be thirty-five (35) units per acre.
Twenty percent (20%) of the total platted area shall be provided as
common, usable open space.
Intended to provide developments that offer a variety of
housing types. This district is a suitable transition between
single-family residential and commercial and/or denser
multi-family developments. Comprised of attached or
detached residential dwelling units.
1.When tracts in this district are one (1) acre or
less, density shall not exceed sixteen (16) units per
gross acre and these tracts will be required to
adhere to the single-family site design
requirements in Article 9 – Site Design Standards.
2.When tracts exceed one (1) acre, density shall
not exceed twelve (12) units per gross acre and
these tracts will be required to adhere to the
multi-family site design requirements in Article 9
– Site Design Standards and provide ten percent
(10%) of the total platted area as common, usable
open space.
Section 21.5.7 Dimensional and Developmental Standards
Section with setbacks, height requirements, min lot width, etc.
Lot Size and Dimensions Setbacks Misc. Requirements
Zoning District Area sq. ft.Width sq. ft.Depth ft.Front ft.Side ft.Rear ft.Max Height
ft.Imp. Coverage
Apartment / Multi-Family
(R-4)43,560 400 100 25 20 20 50 75%
Middle Density (R-5)10,890 --25 10 10 35 80%
New Key for R-5:
(q) Minimum building separation is 10 feet. No HVAC units or fences may be within the building separation space.
Section 21.5.7 Permitted Use Table
Section with uses permitted within each zoning district
Apartment / Multi-Family (R-4)Middle Density Residential (R-5)
(no change)
Accessory Building
Church (with Specific Use Permit)
Gated Community
Multi-Family Apartment Dwelling
Municipal Uses
One-Family Dwelling Attached
One-Family Dwelling Detached
Park/Playground
School
Section 21.10.8 Off Street Loading and Unloading Requirements.
Section that provides parking requirements
Apartment / Multi-Family (R-4)Middle Density Residential (R-5)
(no change)For tracts one (1) acre or less, 1 space per unit
For tracts exceeding one (1) acre, 2 spaces per unit
To summarize the above table, Middle Density District (R-5) is completely new and is designed to be a lower density multi-family district.
The text you see above is proposed to be added to the UDC. For Apartment / Multi-Family (R-4), Staff is proposing to modify the narrative
text in UDC 21.5.5 to include higher density. However, the proposed amendments to R-4 prevent applicants from getting access through
single-family neighborhoods, and they require that R-4 districts be adjacent to arterial streets. Additionally, staff is revising the table in
UDC 21.5.7 to allow for higher buildings, from the current 35 feet requirement to 50 feet. This is proposed with the intent to allow for one
additional story and while giving developers additional room for architectural creativity. Finally, Staff is proposing to increase the minimum
lot size to 1 acre and the minimum lot width to 400 feet.
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.
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
The UDC functions better when we provide adequate zoning district options for applicants. Currently, applicants either choose a
single-family district or Apartment / Multi-Family (R-4) district, and when they desire something in-between these, they go the route of a
Planned Development District (PDD). Each property in the city has unique challenges pertaining to development. Some properties may
be too small for a single-family subdivision to be economically viable. A higher density product on the same property, such as an apartment
complex, may also be incompatible with surrounding land uses. This situation often occurs in Schertz and is limiting the housing products
that can be provided to the city. Additionally, high density housing proposals, either in the form of Apartment / Multi-Family (R-4)
requests or PDD requests, have faced much scrutiny from citizens and decision-makers. In order to promote orderly and efficient
development, Staff is proposing these changes to help balance the demand for housing while attempting to alleviate the friction between
established neighborhoods and incoming developments.
2. An amendment to the text is consistent with other policies of this UDC and the City
With the recent approval of middle density housing proposals, such as Schertz Gateway PDD and Schertz Station PDD, these amendments
are attempting to codify recently adopted policy in the UDC.
Additionally, Chapter 2 of the City of Schertz Strategic Plan explains the city's Policy Values with regard to "high quality of life". High
quality of life is "a well planned community that creates convenient living". Part of planning the community well is responding to issues
and developments that have created friction in the community. Also, planning a community well is adapting to trends in the housing market
and ensuring Schertz has the flexibility to mindfully capture these trends. The Strategic Plan also states that a high quality life is not:
"limited options for work, live and play". The purpose of these amendments is to help expand our zoning/density options to help the UDC
be consistent with these policies.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City
One UDC objective strives to "prevent the overcrowding of land and avoid undue concentration or diffusion of population". The UDC
effectively steers applicants to choose the higher density options in Apartment/Multi-Family Residential (R-4), because there is a lack of
middle density zoning options. The UDC also lays out the goal "to minimize the conflicts among the uses of land and buildings".
Single-family subdivisions and adjacent high-density multifamily proposals have proven to be a source of conflict in the city. Providing a
middle density zoning option and revising our existing Apartment / Multi-Family District (R-4) will help alleviate this conflict.
The City of Schertz Strategic Plan also has clear stated goals for the Operational Values of the city. Among these are the goals to be
innovative and proactive. Innovative is "finding a better way to do things" and "being creative". Staff is making strides with these
amendments to not be complacent with the status quo. "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.
On, August 6, 2024, Staff brought these proposed changes to the City Council for a workshop. Council received the proposal positively and
directed Staff to move forward with the amendment process. Staff has receieved no special considerations ahead of the scheduled public
hearing with Planning and Zoning.
For these reasons, staff is recommending approval of PLUDC20240186
RECOMMENDATION
Approval of UDC20240186.
Attachments
UDC R-4 & R-5 Redlines
UDC R-4 & R-5 Clean
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 1 of 1
Sec. 21.5.2. Zoning Districts Established.
The City is hereby geographically divided into zoning districts and the boundaries of those districts herein are
delineated upon the Official Zoning Map of the City. The use and dimensional regulations as set out in this Article
are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive Land Plan
and Master Thoroughfare Plan. The districts established shall be known as follows:
Table 21.5.2
Symbol Zoning District Name
PRE Predevelopment District
R-1 Single-Family Residential District
R-2 Single-Family Residential District
R-3 Two-Family Residential District
R-4 Apartment/Multi-Family Residential District
R-5 Middle Density Residential District
R-6 Single-Family Residential District
R-7 Single-Family Residential District
R-A Single-Family Residential/Agricultural District
GH Garden Home Residential District
TH Townhome District
MHS Manufactured Home Subdivision District
MHP Manufactured Home Park District
OP Office and Professional District
NS Neighborhood Services District
GB General Business District
GB-2 General Business District-2
M-1 Manufacturing District (Light)
M-2 Manufacturing District (Heavy)
PUB Public Use District
PDD Planned Development District
EN Estate Neighborhood PDD
MSMU Main Street Mixed-Use District
MSMU-ND Main Street Mixed-Use New Development District
(Ord. No. 13-S-22 , § 1, 7-16-2013; Ord. No. 14-S-47 , § 1, 11-18-2014; Ord. No. 23-S-07 , § 1(Exh. A), 3-14-2023)
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 1 of 3
Sec. 21.5.5. Statement of Purpose and Intent for Residential Districts.
A. Predevelopment District (PRE). Intended for use for undeveloped land in the City or as a temporary
designation for existing uses for newly annexed property. This zoning is also suitable for areas where
development is premature due to lack of utilities, capacity or service and for areas that are unsuitable for
development because of physical constraints or potential health or safety hazards. No improvements,
construction or structures may be undertaken without obtaining a building permit and no occupancy of such
improvements and structures without obtaining a certificate of occupancy.
B. Single-Family Residential District (R-1). Comprised of single-family detached residential dwellings on a
minimum lot size of 9,600 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units.
C. Single-Family Residential District (R-2). Comprised of single-family detached residential dwellings with a
minimum lot size of 8,400 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units.
D. Two-Family Residential District (R-3). Comprised of two (2) single-family attached residential dwellings with a
minimum lot size of 9,000 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units.
E. Apartment/Multi-Family Residential District (R-4). Intended to provide denserfor apartment and multi-family
style developments. This district is a suitable transition between single-family districts and commercial uses.
However, Apartment/Multi-Family Residential Districts (R-4) shall not be located in areas where they would
increase traffic with access through single-family neighborhoods and shall be located adjacent to arterial
streets. including, but not limited to apartment buildings, duplex, garden apartments, condominium units,
assisted living centers, nursing homes and other similar uses. Due to the infrastructure requirements for such
districts, the City may require the applicant seeking such zoning classification to establish (i) the adequacy of
available access and utility facilities, (ii) sufficiency of drainage, and (iii) provision of sufficient open space.
The minimum lot size in such district is 10,000 square feet for three (3) units and 1,800 square feet for each
additional dwelling unit. The maximum density shall be thirty-five twenty-four (2435) units per acre.
Apartment/Multi-Family Residential Districts should not be located in areas where they would increase
traffic through single-family neighborhoods and should be located adjacent to arterial streets with sufficient
capacity to carry the increased traffic generated. Multi-family developments are suitable buffers between
single-family districts and commercial uses. Multi-family districts should be buffered from non-residential
land uses and from pollution sources and environmental hazards. Twenty percent (20%) of the total platted
area shall be provided as common, usable open space.
F. Middle Density Residential District (R-5). Intended to provide developments that offer a variety of housing
types. This district is a suitable transition between single-family residential and commercial and/or denser
multi-family developments. Comprised of attached or detached residential dwelling units.
1. When tracts in this district are one (1) acre or less, density shall not exceed sixteen (16) units per gross
acre and these tracts will be required to adhere to the single-family site design requirements in Article 9 –
Site Design Standards
2. When tracts exceed one (1) acre, density shall not exceed twelve (12) units per gross acre and these tracts
will be required to adhere to the multi-family site design requirements in Article 9 – Site Design Standards
and provide ten percent (10%) of the total platted area as common, usable open space.
FG. Single-Family Residential District (R-6). Comprised of single-family detached residential dwellings that are on
a minimum lot size of 7,200 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units. This district is intended to be developed using the more contemporary building
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 2 of 3
styles and allowing those dwellings to be constructed on relatively small lots. The maximum size tract that
can be zoned R-6 is 30 acres.
GH. Single-Family Residential District (R-7). Comprised of single-family detached residential dwellings on a
minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units. This district is intended to be developed using the more contemporary building
styles and allowing those dwellings to be constructed on relatively small lots. The maximum size tract that
can be zoned R-7 is 40 acres.
HI. Single-Family Residential/Agricultural District (RA). Intended to provide for areas in which agricultural land
may be held in such use for as long as is practical and reasonable. Residences in this District are intended to
be on a minimum lot size of 21,780 square feet (one-half acre). This District is suitable for areas where
development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for
development because of physical restraints or potential health or safety hazards.
IJ. Garden Homes Residential District (GH). Comprised of single-family detached residential dwellings on a
minimum lot size of 5,000 square feet together with the schools, churches, and parks necessary to create
basic neighborhood units. This District allows the main structure to be constructed coincident with one (1) of
the side property lines, and requires only one (1) side yard setback in order to maximize lot usage and yet
maintain a neighborhood character consistent with conventional single-family detached homes.
No area shall be designated GH that contains less than five (5) adjoining lots on a street. Zero lot line homes
shall have no windows on the side of the house, which abuts the property line. Entire frontage of one (1) side of
the street in the block must be included in the GH designation. Exception may be made where an alley breaks the
block on that side of the street. Homes will be uniformly located on the same side of the lot within a street block.
J.K. Townhome District (TH). Comprised of an attached residential dwelling unit in structures built to
accommodate three (3) to six (6) units per structure. Density shall not exceed twelve (12) units per gross
acre. Townhome units shall be constructed on a single lot, or on adjacent individual lots. Individual
ownership of the townhome units is encouraged. Minimum lot area shall not be less than 2,500 square feet
per dwelling unit. Ten percent (10%) of the total platted area shall be provided as common, usable open
space. This District should not be located in areas where it would increase traffic through single-family
neighborhoods and should be adjacent to arterial streets with sufficient capacity to carry the increased
traffic generated.
KL. Manufactured Home Subdivision District (MHS). Intended to recognize that certain areas of the City are
suitable for a mixture of single-family dwelling units and HUD-Code manufactured homes, to provide
adequate space and site diversification for residential purposes designed to accommodate the peculiarities
and design criteria of manufactured homes, along with single-family residences, to promote the most
desirable use of land and direction of building development, to promote stability of development, to protect
the character of the district, to conserve the value of land and buildings, and to protect the City's tax base.
This District provides for the creation and/or subdivision of any lot, tract or parcel of land used for the
placement of manufactured homes. This District is not intended to prohibit or unduly restrict any type of
housing but to ensure compatibility in housing types between manufactured home subdivisions and
surrounding single family residential subdivisions and recognizing their inherent differences.
LM. Manufactured Home Park District (MHP). Intended to provide adequate space and site diversification for
residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes,
to promote the most desirable use of land and direction of building development, to promote stability of
development, to protect the character of the district, to conserve the value of land and buildings, and to
protect the City's tax base. This District provides for the creation of tracts of land used for the placement of
multiple manufactured homes on a single lot, tract or parcel of land and utilized for rent or lease. This
District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility between
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 3 of 3
manufactured home parks and surrounding properties and recognizing the inherent differences in housing
types between manufactured home parks and other residential districts.
MN. Agricultural District (AD). Intended to provide as a base zoning district in areas designated as agricultural
conservation on the North and South Schertz Framework Plans. Residences in this District are intended to be
on a minimum lot size of 217,800 square feet (five acres). Clustering of up to two homes may be allowed on
the same lot subject to setback requirements. This District is suitable for areas where development is
premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development
because of physical restraints or potential health or safety hazards.
NO. Main Street Mixed-Use District (MSMU). Intended to provide a base zoning district in the area along Main
Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for
single-family and multi-family residential uses, and low intensity commercial uses. Reduced setbacks and
parking requirements are provided as part of this district due to physical restraints.
OP. Main Street Mixed-Use New Development District (MSMU-ND). Intended to provide a base zoning district in
the area along Main Street, specifically for new development of existing properties. This district is intended
to mirror The Main Street Mixed-Use District (MSMU), allowing for single-family and multi-family residential
uses, and low intensity commercial uses. Reduced setbacks, parking requirements, along with reduced
landscape buffers are provided as part of this district due to physical restraints of the existing properties.
(Ord. No. 13-S-22, § 2, 7-16-2013 ; Ord. No. 14-S-47 , § 2, 11-18-2014; Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021; Ord.
No. 23-S-07 , § 1(Exh. A), 3-14-2023)
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 1 of 6
Sec. 21.5.7. Dimensional and Developmental Standards.
A. General. All projects or developments shall comply with all of the applicable dimensional and development
standards of this Article. Additional requirements may also apply as required in other sections of this UDC. All
area requirements and lot sizes shall be calculated based on gross acres.
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 2 of 6
Table 21.5.7.A DIMENSIONAL REQUIREMENTS
RESIDENTIAL ZONING DISTRICTS
Minimum Lot Size And
Dimensions
Minimum Yard Setback (Ft) Miscellaneous
Lot
Requirements
Code Zoning District Area
Sq. Ft.
Width
Ft.
Depth
Ft.
Front
Ft.
Side
Ft.
Rear
Ft.
Minimum Off-
Street Parking
Spaces
Max
Height
Ft.
Max
Imperv
Cover
Key
R-1 Single-Family Residential
District-1
9,600 80 120 25 10 20 2 35 50% h,j,k,l,
m,o
R-2 Single-Family Residential
District-2
8,400 70 120 25 10 20 2 35 50% h,j,k,l,
m,o
R-3 Two-Family Residential District 9,000 75 120 25 10 20 2 35 60% h,j,k,l,
m,o
R-4 Apartment/Multi-Family
Residential District
10,00043,560 1400 100 25 10 20 2 3550 75% a,b,j,k,
l,m,
R-5 Middle Density District 10,890 - - 25 10 10 2 35 80% h,j,k,l,
m, q
R-6 Single-Family Residential
District-6
7,200 60 120 25 10 20 2 35 50% h,k,l,
m,n,o
R-7 Single-Family Residential
District-7
6,600 60 110 25 10 20 2 35 50% h,k,l,
m,n,o
R-A Single-Family-
Residential/Agriculture
21,780 - - 25 25 25 2 35 50% h,k,l,
m,n
GH Garden Home Residential
District
5,000 50 100 10 10 10 2 35 75% c,d,e,f,
g,k,l,m
TH Townhome District 2,500 25 100 25 10 20 2 35 75% h,j,k,l,
m
MHS Manufactured Home Subdivision
District
6,600 60 110 25 10 20 2 35 50% j,k,l,
m,o
MHP Manufactured Home Park
District
43,560 - - 25 12.5 25 - 35 50% j,k,l,m
AD Agricultural District 217,800 100 100 25 25 25 2 35 30% h,k,o
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 3 of 6
MSMU Main Street Mixed Use 5,000 50 100 10 5 10 2 35 80% h,j,k,m,
n,p
MSMU-ND Main Street Mixed Use-New
Development
5,000 50 100 10 5 10 2 35 80% j,k,m,p
Key:
a. Add 1,800 square feet of area for each unit after the first 3 units. Maximum density shall not exceed 3524 units per acre.
b. 2 parking spaces per unit plus 5%.
c. Zero lot line Garden Homes.
d. 20-foot paved alley for ingress/egress to all rear garages.
e. 5-foot shall be designated maintenance easement.
f. Corner lot shall have 10-foot side yard setback from street right-of-way.
g. 25-foot set back to property line adjoining public street.
h. Corner lot shall have minimum 15-foot side yard setback from street right-of-way. For properties on Main Street, the City Engineer may
authorize a reduction to no less than 10' if there are no sight distance issues.
i. Minimum lot area for each unit.
j. Site Plan approval required.
k. Swimming pools count toward the maximum impervious cover limitations, unless the swimming pool is equipped with a water overflow
device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded.
l. No variances may be permitted to exceed the maximum impervious cover limitations
m. Refer to Article 14, section 21.14.3 for additional design requirements
n. All single family residential dwelling units constructed within this district shall be constructed with an enclosed garage.
o. Side yard setback of 7.5 ft. for R-1, R-2, R-3, R-6, R-7, and MHS continues in effect for all subdivisions vested on the date of adoption of
Ordinance No. 11-S-15.
p. Not subject to the requirements in section 21.10.4
q. Minimum building separation is 10 feet. No HVAC units or fences may be within the building separation space.
Table 21.5.7.B DIMENSIONAL REQUIREMENTS
NON-RESIDENTIAL ZONING DISTRICTS (d)
Minimum Lot Size
And Dimensions
Minimum Yard Setback (Ft) Miscellaneous
Lot
Requirements
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 4 of 6
Code Zoning District Area
Sq. Ft.
Width
Ft.
Depth
Ft.
Front
Ft.
Rear
Adj
Non-
Res
Zone
Rear
Adj.
Res
Zone
Side
Adj
Non-
Res
Zone
Side
Adj
Res
Zone
Max
Ht.
Ft.
Max
Imperv
Cover
Key
OP Office/ Professional 6,000 60 100 25 0 25 0 25 35 70% a, b, c,
d
NS Neighborhood Services 10,000 100 100 25a 0 25 0 25 35 80% a, b, c,
d
GB General Business 10,000 100 100 25 0 25 0 25 120 80% a, b, c,
d
GB-2 General Business-2 10,000 100 100 25 0 25 0 25 120 80% a, b, c,
d
M-1 Light Manufacturing 10,000 100 100 25 0 50c 0 25b 120 80% a, b, c,
d
M-2 Heavy Manufacturing 10,000 100 100 25 0 50c 0 25b 120 80% a, b, c,
d
PUB Public Use District 10,000 100 100 25 0 15 0 25 35 70% a, c, d
Key:
a. See Article 10 for parking requirements.
b. Uses may require a Specific Use Permit. The City of Schertz will follow the guidelines outlined in the Air Installation Compatible Use Zone (AICUZ)
study for Randolph Air Force Base.
c. No variances may be permitted to exceed the maximum impervious cover limitations.
d. Refer to Article 14, Sec. 21.14.3 for additional design requirements.
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 5 of 6
B. Additional Dimensional and Development Standards.
1. All lots developed for residential purposes shall comply with the lot area, minimum setbacks and height
requirements established in table 21.5.7A for the zoning district(s) in which the lot(s) is/are located. All
lots developed for allowed non-residential purposes, within residential zoning districts, shall comply
with lot, area and height requirements established in table 21.5.7A for the zoning district(s) in which
the lot(s) is/are located.
2. All lots developed for non-residential purposes shall comply with lot, area, minimum setbacks, and
maximum height requirements established for the zoning district(s) in which the lot(s) is located, as
established in table 21.5.7B.
3. All lots shall have at least the minimum area, width and depth as indicated in the tables 21.5.7A and
21.5.7B in this section.
4. Platted subdivisions established by a duly approved plat filed prior to adoption of this UDC shall be
exempt from meeting any new lot width, depth, and/or square footage requirements.
5. No lot existing at the time of passage of this UDC shall be reduced in size below the minimum area
requirements set forth in tables 21.5.7A and 21.5.7B.
6. Minimum lot size requirements shall not apply to previously platted lots that are annexed into the City,
but shall apply in the event of a vacation and replat of such property. All other requirements of this
UDC shall nevertheless apply.
7. No portion of any building on a residential lot may be located on any lot closer to any lot line or to the
street right-of-way line than is authorized in table 21.5.7A set forth in this section unless otherwise
listed below:
a. Where the frontage on one (1) side of a street is divided by two (2) or more zoning districts, the
front yard setback shall comply with the requirements of most restrictive district for the entire
frontage between the nearest intersecting streets.
b. Where the building setback line has been established by plat and exceeds the requirements of
this UDC, the more restrictive setback line shall apply.
c. The front yard setback shall be measured from the property line to the front face of the building,
covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may
project into the required front yard, not to exceed two (2) feet.
d. Side Yards: Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein and the ordinary projections of window sills, belt
courses, cornices and other architectural features projecting not to exceed twelve (12) inches
into the required side yard, and roof eaves projecting not to exceed twenty-four (24) inches into
the required side yard.
e. Rear Yards: Every part of a required rear yard shall be open and unobstructed, except for
accessory buildings, uses and structures as permitted and the ordinary projections of window
sills, belt courses, cornices and roof overhangs and other architectural features projecting not to
exceed twenty-four (24) inches into the required rear yard.
f. Where lots have double frontage, running from one street to another, a required front yard
setback shall be provided on both streets.
g. Mixed Use Building: In a building serving dwelling and other uses, in any district, the height and
area regulations applicable to non-residential buildings shall apply.
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 6 of 6
h. There shall not be more than one (1) residential dwelling on a platted lot of a duly recorded plat
of a single-family residential use.
(Ord. No. 13-S-22 , § 3, 7-16-2013; Ord. No. 14-S-47 , § 3, 11-18-2014; Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021)
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 1 of 8
Sec. 21.5.8. Permitted Use Table.
A. Use of Land and Buildings. Structures, land or premises shall be used only in accordance with the use
permitted in the following use table subject to compliance with the dimensional and development standards
for the applicable zoning district and all other applicable requirements of this UDC.
B. Permitted Principal Uses. No principal use shall be permitted in any district unless it appears in the following
permitted use table.
1. Legend for the permitted use table:
P Use is permitted in district indicated
S Use is permitted in district indicated upon approval of Specific Use Permit
Use is prohibited in district indicated
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 2 of 8
RESIDENTIAL USES
PRE AD RA R-
1
R-
2
R-
3
R-4 R-5 R-6 R-7 MHS MHP GH MS
MU
MS
MU-
ND
TH
Pr
e
d
e
v
e
l
o
p
m
e
n
t
Ag
r
i
c
u
l
t
u
r
a
l
Di
s
t
r
i
c
t
Re
s
i
d
e
n
t
i
a
l
/
Ag
r
i
c
u
l
t
u
r
a
l
Si
n
g
l
e
F
a
m
i
l
y
- 1
Si
n
g
l
e
F
a
m
i
l
y
- 2
Tw
o
F
a
m
i
l
y
Ap
a
r
t
m
e
n
t
/
Mu
l
t
i
-Fa
m
i
l
y
Mi
d
d
l
e
D
e
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
Di
s
t
r
i
c
t
Si
n
g
l
e
Fa
m
i
l
y
- 6
Si
n
g
l
e
Fa
m
i
l
y
- 7
Ma
n
u
f
a
c
t
u
r
e
d
Ho
m
e
S
u
b
d
i
v
i
s
i
o
n
Ma
n
u
f
a
c
t
u
r
e
d
Ho
m
e
P
a
r
k
Ga
r
d
e
n
H
o
m
e
Ma
i
n
S
t
r
e
e
t
Mi
x
e
d
U
s
e
Ma
i
n
S
t
r
e
e
t
Mi
x
e
d
U
s
e
- Ne
w
De
v
e
l
o
p
m
e
n
t
To
w
n
h
o
m
e
Di
s
t
r
i
c
t
PERMITTED USES
P P P P P P P P P P P P P P Accessory Building,
Residential
Aggregate Extraction
P P Agricultural/Field Crops
P Airport, Heliport or
Landing Field
Alcohol Package Sales
Antenna and/or Antenna
Support Structure,
Commercial
P P Antique Shop
Appliances, Furniture
and Home Furnishings
Store
P P Art
Gallery/Library/Museum
Assisted Care or Living
Facility
Athletic Stadium, Private
Athletic Stadium, Public
P P Automobile Parking
Structure/Garage
Automobile Parts Sales
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 3 of 8
Automobile Repairs &
Service, Major
Automobile Repairs &
Service, Minor
Automobile Sales
P P Bakery
P P Bank, Saving and Loan,
Credit Union
P P Beauty Salon/Barber
Shop
S S S S S S S S S S S P P Bed and Breakfast Inn
P P Book Store
Bottling Works
S Building Material and
Hardware Sales
Cabinet or Upholstery
Shop
Car Wash, Automated
Car Wash, Self Serve
S S Cemetery or Mausoleum
S S S S S S S S S S S S S S S S Church, Temple,
Synagogue, Mosque, or
Other Place of Worship
Civic/Convention Center
College, University,
Trade, or Private
Boarding School
Commercial
Amusement, Indoor
Commercial
Amusement, Outdoor
Community Center
Concrete/Asphalt
Batching Plant
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 4 of 8
S Convenience Store w/o
Gas Pumps
Convenience Store w/
Gas Pumps
P P Dance Hall/Night Club
P P Day Care Center
Department Store
Dry Cleaning, Major
P P Dry Cleaning, Minor
P P P P P P P P P P P Family or Group Home
P P P Farmers Market
Flea Market, Inside
S Flea Market, Outside
P P Florist
Fraternity, Sorority, Civic
Club or Lodge
P P Furniture Sales
Gasoline Station/Fuel
Pumps
P P P P P P P P P P P P Gated Community
General
Manufacturing/Industrial
Use
P P P P P P P P P P P P Golf Course and/or
Country Club
P P Governmental Facilities
P P Gymnastics/Dance
Studio
Hazardous Waste
P P Health/Fitness Center
S Heavy Equipment Sales,
Service or Rental
Home Improvement
Center
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 5 of 8
Hospital
Hotel/Motel
Household Appliance
Service and Repair
S S S S S S S S S S S In-Home Day Care
Landfill
Laundromat
P P Livestock
P P Locksmith/Security
System Company
P P Medical, Dental or
Professional Office/Clinic
Mini-Warehouse/Public
Storage
S P P Manufactured/Mobile
Homes
Manufacturing
P P Microbrewery/Brewpub
Mortuary/Funeral Home
S P P P P Multi-Family Apartment
Dwelling
P P P P P P P P P P P P P P P P Municipal Uses
Operated by the City of
Schertz
P P Museum
S Nursery, Major
P Nursery, Minor
Office Showroom
Office-
Warehouse/Distribution
Center
P P P P P P One-Family Dwelling
Attached
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 6 of 8
P P P P P P P P P P P P P P One-Family Dwelling
Detached
P P Packaging/Mailing Store
P P P P P P P P P P P P P P P Park/Playground/Similar
Public Site
Pawn Shop
P P Pet Store
P P Pharmacy
Portable Building Sales
P P Post Office
Print Shop, Major
P P Print Shop, Minor
P P Private Club
Railroad/Bus Passenger
Station
S S P Recreational Vehicle
Park
Recreational Vehicle
Sales and Service
Recycling Collection
Center
Recycling Collection
Point
Recycling Facility
Rehabilitation Care
Facility
Restaurant, Drive-In
P P Restaurant or Cafeteria
P P Retail Stores and Shops
P P P P P P P P P P P P P P P P School, Public or Private
Sexually Oriented
Business (See Ordinance
No. 02-L-16)
P P Stable, Commercial
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 7 of 8
Storage or Wholesale
Warehouse
P P Tattoo Parlors/Studios
P P Tavern
Taxidermist
Theater, Outdoor
P P Theater, Indoor
S Tool Rental
Trailer/Manufactured
Homes Sales
Truck Sales, Heavy
Equipment
Truck Terminal
P P P P P Two-Family Dwelling
P Veterinarian
Clinic/Kennel, Indoor
P P Veterinarian
Clinic/Kennel, Outdoor
S Welding/Machine Shop
Wrecking or Salvage
Yard
S S S S S S S S S S S S S S S S New and Unlisted Uses
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 8 of 8
C. New and Unlisted Uses.
1. It is recognized that new or unlisted types of land use may seek to locate in the City. In order to provide
for such contingencies, a determination of any new or unlisted form of land use shall be made in
accordance with this section.
2. For uses in which an applicant requests a Specific Use Permit, the City Manager or his/her designee
shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC.
3. It is recognized that the permitted use chart may require amendment, from time to time, to allow for
uses that were otherwise not permitted. In the event an amendment to the permitted use chart is
required, the procedure for the amendment shall be the same as required for an amendment to the
text of the UDC in accordance with section 21.4.7 of this UDC.
D. Limited Uses.
1. Tattoo Parlors/Studios in the Main Street Mixed Use District and the Main Street Mixed Use – New
Development District shall have the following limited uses:
a. No tattoo studio shall be within 900 feet of another tattoo studio (property line to property
line).
2. Automobile Sales within the City of Schertz shall have the following limited uses:
a. No Automobile Sales shall be within three (3) miles of another Automobile Sales (property
line to property line).
b. No Automobile Sales shall be within 250 feet of any single-family residential zoning or use.
c. Automobile Sales uses are required to have Automobile Repair, Major as an accessory use.
(Ord. No. 13-S-22 , § 4, 7-16-2013; Ord. No. 14-S-47 , § 4, 11-18-2014; Ord. No. 20-S-29, § 1(Exh. A), 10-27-2020;
Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021; Ord. No. 21-S-44 , § 1(Exh. A), 10-26-2021)
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 3
Sec. 21.10.4. Schedule of off-street parking requirements.
A. Off-street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for
the uses specified in the districts designated:
Table 21.10.4 Schedule of Off-Street Parking Requirements
Use Type Parking Requirement
Amusement, Commercial (Indoor) 1 space for each 200 square feet of gross floor area
Amusement, Commercial (Outdoor) 1 space per 500 square feet of outdoor site area plus 1 space
per each 4 fixed spectator seats
Assisted Care, Living Facility,
Care Facility
1 parking space for each 2 beds
Bank, Savings And Loan, Or Other Financial
Institution
1 space for each 250 square feet of gross floor area
Bar Or Night Club 1 space for each 50 square feet of gross floor area
Bed And Breakfast 1 space for each guest room plus 1 space per employee
Bowling Alley 5 parking spaces for each lane
Car Wash 1 space for each 200 Square feet of floor area
Day Care Center 1 space per 250 square feet of gross floor area
Fitness Center/Gym 1 space for each 250 square feet of gross floor area
Convenience Store/Gas Station 1 space for each 250 square feet of gross floor area. Spaces
provided for fueling at the pump stations shall not be
considered parking spaces.
Group Home 4 spaces
Hospital 1 parking space for each bed
Hotel Or Motel 1 space for each sleeping room or suite plus 1 space for every
200 square feet of common area not designated as sleeping
rooms
Lodging Houses And Boarding Houses 1 parking space for each bedroom
Manufacturing, Processing Or Repairing 1 space for each 2 employees or 1 space for each 1,000 square
feet of total floor area, whichever is greater
Medical Or Dental Clinic 1 space for each 200 square feet of total floor area
Middle-Density (R-5) Housing Types For tracts one (1) acre or less, 1 space per unit
For tracts exceeding one (1) acre, 2 spaces per unit
Mini-warehouse/Public Storage 1 space for each 300 square feet of office floor area plus 1
space for each 3,000 square feet of storage area
Mortuary/Funeral Home 1 parking space for each 50 square feet of floor space in
service rooms or 1 space for each 3 seats, whichever is less
based on maximum design capacity)
Multifamily, Condominium or Other Similar
Use
2 spaces per unit Plus additional guest parking provided at a
ratio of 5% of required spaces
Duplex and Two-Family 2 spaces per unit
Nursery 1 space per 300 square feet of total sales area Wholesale
nursery: 1 parking space per employee of the largest work
shift, plus 1 space per 10,000 square feet of display area and 1
space per acre of growing areas
Offices 1 space for each 250 square feet of gross floor area
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 2 of 3
Outdoor Facilities (Outdoor Recreational
Fields i.e. Football, Soccer, etc.)
20 spaces per designated field or 1 per 4 person design
capacity
Public Use Parking shall be provided at a ratio approved by City staff
based on a parking study provided by the applicant
Residence Halls, Fraternity Buildings And
Sorority Buildings
1 space per person capacity of permanent sleeping facilities
Residential Subdivision Mailbox Kiosk 2 spaces—these may be in the right-of-way but not in the
traffic lane—an expansion of the road surface is required and
the kiosk must be covered to provide shelter for people using
the kiosk
Restaurants 1 parking space for each 100 square feet of gross floor area, or
1 space for each 4 seats, whichever is less (based on maximum
design capacity)
Retail Sales And Service 1 space for each 250 square feet of gross floor area
School, High School, Vocational,
All Other Schools
Parking shall be provided at a ratio approved by City staff
based on a parking study provided by the applicant that shall
include vehicle stacking requirements
Single Family Attached And Detached Dwelling
Units
2 parking spaces per dwelling unit
Theaters, Auditoriums, Churches, Assembly
Halls, Sports Arenas, Stadiums, Conference
Center, Convention Center, Dance Hall,
Exhibition Halls, Or Other Place Of Public
Assembly
1 space for each 4 seats or 1 space for every 100 square feet of
gross floor area, whichever is less (based on maximum design
capacity)
Automobile Sales Or Rental 1 space for each 3,000 square feet of sales area (open and
enclosed) devoted to the sale, display or rental of vehicles
Automobile Service, Repair, Garage 1 space for each 200 square feet of total floor area
Warehouse 1 space for each 1,000 square feet of total floor area
B. New and Unlisted Uses. When a proposed land use is not classified in this section or a single use which have
varying parking needs depending on the function of that specific single use, an applicant may submit a
parking ratio based on best/current planning and transportation practices.
1. A best/current parking ratio application should include the following:
a. An application shall fully cite the sources used to derive the applicant-submitted parking ratio,
possible resources include parking standards material from the Institute of Transportation
Engineers (ITE) or the American Planning Association (APA).
b. The City Manager or his/her designee shall review the applicant submitted parking ratio to
confirm best/current planning practices for a use.
c. The City Manager or his/her designee shall approve, modify, or deny the applicant submitted
parking ratio.
2. Parking ratio determination where no application is submitted
a. If the applicant does not submit a parking ratio, then the City Manager or his/her designee shall
determine the parking ratio based on the best/current planning and transportation practices.
C. Mixed uses. In the event that several users occupy a single structure, or parcels of land, the total
requirements for off street parking shall be the sum of the requirements for the several uses computed
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 3 of 3
separately unless it can be shown that the peak parking demands are offset, for example with retail and
residential, or theater and office uses. In such case the City Manager or his/her designee may reduce the
total requirements accordingly, but not more than twenty-five percent (25%).
D. Joint use of facilities. Required parking facilities of two (2) or more uses, structures, or parcels of land may be
satisfied by the same parking facility used jointly, to the extent that it can be shown by the owners or
operators that the need for the facilities does not materially overlap and provided that such right of joint use
is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use.
E. Properties zoned main street mixed-use. Properties zoned Main Street Mixed-Use shall only be required to
provide two (2) on-site parking spaces but must still provide the minimum required number of handicapped
spaces on site.
(Ord. No. 14-S-47, § 5, 11-18-2014; Ord. No. 16-S-27, § 7, 8-30-2016; Ord. No. 18-S-03, § 1(Exh. A), 1-23-2018; Ord.
No. 22-S-19, § 1(Exh. A), 4-26-2022; Ord. No. 23-S-07, § 1(Exh. A), 3-14-2023)
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 1 of 1
Sec. 21.5.2. Zoning Districts Established.
The City is hereby geographically divided into zoning districts and the boundaries of those districts herein are
delineated upon the Official Zoning Map of the City. The use and dimensional regulations as set out in this Article
are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive Land Plan
and Master Thoroughfare Plan. The districts established shall be known as follows:
Table 21.5.2
Symbol Zoning District Name
PRE Predevelopment District
R-1 Single-Family Residential District
R-2 Single-Family Residential District
R-3 Two-Family Residential District
R-4 Apartment/Multi-Family Residential District
R-5 Middle Density Residential District
R-6 Single-Family Residential District
R-7 Single-Family Residential District
R-A Single-Family Residential/Agricultural District
GH Garden Home Residential District
TH Townhome District
MHS Manufactured Home Subdivision District
MHP Manufactured Home Park District
OP Office and Professional District
NS Neighborhood Services District
GB General Business District
GB-2 General Business District-2
M-1 Manufacturing District (Light)
M-2 Manufacturing District (Heavy)
PUB Public Use District
PDD Planned Development District
EN Estate Neighborhood PDD
MSMU Main Street Mixed-Use District
MSMU-ND Main Street Mixed-Use New Development District
(Ord. No. 13-S-22 , § 1, 7-16-2013; Ord. No. 14-S-47 , § 1, 11-18-2014; Ord. No. 23-S-07 , § 1(Exh. A), 3-14-2023)
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 1 of 3
Sec. 21.5.5. Statement of Purpose and Intent for Residential Districts.
A. Predevelopment District (PRE). Intended for use for undeveloped land in the City or as a temporary
designation for existing uses for newly annexed property. This zoning is also suitable for areas where
development is premature due to lack of utilities, capacity or service and for areas that are unsuitable for
development because of physical constraints or potential health or safety hazards. No improvements,
construction or structures may be undertaken without obtaining a building permit and no occupancy of such
improvements and structures without obtaining a certificate of occupancy.
B. Single-Family Residential District (R-1). Comprised of single-family detached residential dwellings on a
minimum lot size of 9,600 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units.
C. Single-Family Residential District (R-2). Comprised of single-family detached residential dwellings with a
minimum lot size of 8,400 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units.
D. Two-Family Residential District (R-3). Comprised of two (2) single-family attached residential dwellings with a
minimum lot size of 9,000 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units.
E. Apartment/Multi-Family Residential District (R-4). Intended to provide denser apartment and multi-family
style developments. This district is a suitable transition between single-family districts and commercial uses.
However, Apartment/Multi-Family Residential Districts (R-4) shall not be located in areas where they would
increase traffic with access through single-family neighborhoods and shall be located adjacent to arterial
streets. The maximum density shall be thirty-five (35) units per acre. Twenty percent (20%) of the total
platted area shall be provided as common, usable open space.
F. Middle Density Residential District (R-5). Intended to provide developments that offer a variety of housing
types. This district is a suitable transition between single-family residential and commercial and/or denser
multi-family developments. Comprised of attached or detached residential dwelling units.
1. When tracts in this district are one (1) acre or less, density shall not exceed sixteen (16) units per gross
acre and these tracts will be required to adhere to the single-family site design requirements in Article 9 –
Site Design Standards
2. When tracts exceed one (1) acre, density shall not exceed twelve (12) units per gross acre and these tracts
will be required to adhere to the multi-family site design requirements in Article 9 – Site Design Standards
and provide ten percent (10%) of the total platted area as common, usable open space.
G. Single-Family Residential District (R-6). Comprised of single-family detached residential dwellings that are on
a minimum lot size of 7,200 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units. This district is intended to be developed using the more contemporary building
styles and allowing those dwellings to be constructed on relatively small lots. The maximum size tract that
can be zoned R-6 is 30 acres.
H. Single-Family Residential District (R-7). Comprised of single-family detached residential dwellings on a
minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create
basic neighborhood units. This district is intended to be developed using the more contemporary building
styles and allowing those dwellings to be constructed on relatively small lots. The maximum size tract that
can be zoned R-7 is 40 acres.
I. Single-Family Residential/Agricultural District (RA). Intended to provide for areas in which agricultural land
may be held in such use for as long as is practical and reasonable. Residences in this District are intended to
be on a minimum lot size of 21,780 square feet (one-half acre). This District is suitable for areas where
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 2 of 3
development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for
development because of physical restraints or potential health or safety hazards.
J. Garden Homes Residential District (GH). Comprised of single-family detached residential dwellings on a
minimum lot size of 5,000 square feet together with the schools, churches, and parks necessary to create
basic neighborhood units. This District allows the main structure to be constructed coincident with one (1) of
the side property lines, and requires only one (1) side yard setback in order to maximize lot usage and yet
maintain a neighborhood character consistent with conventional single-family detached homes.
No area shall be designated GH that contains less than five (5) adjoining lots on a street. Zero lot line homes
shall have no windows on the side of the house, which abuts the property line. Entire frontage of one (1) side of
the street in the block must be included in the GH designation. Exception may be made where an alley breaks the
block on that side of the street. Homes will be uniformly located on the same side of the lot within a street block.
K. Townhome District (TH). Comprised of an attached residential dwelling unit in structures built to
accommodate three (3) to six (6) units per structure. Density shall not exceed twelve (12) units per gross
acre. Townhome units shall be constructed on a single lot, or on adjacent individual lots. Individual
ownership of the townhome units is encouraged. Minimum lot area shall not be less than 2,500 square feet
per dwelling unit. Ten percent (10%) of the total platted area shall be provided as common, usable open
space. This District should not be located in areas where it would increase traffic through single-family
neighborhoods and should be adjacent to arterial streets with sufficient capacity to carry the increased
traffic generated.
L. Manufactured Home Subdivision District (MHS). Intended to recognize that certain areas of the City are
suitable for a mixture of single-family dwelling units and HUD-Code manufactured homes, to provide
adequate space and site diversification for residential purposes designed to accommodate the peculiarities
and design criteria of manufactured homes, along with single-family residences, to promote the most
desirable use of land and direction of building development, to promote stability of development, to protect
the character of the district, to conserve the value of land and buildings, and to protect the City's tax base.
This District provides for the creation and/or subdivision of any lot, tract or parcel of land used for the
placement of manufactured homes. This District is not intended to prohibit or unduly restrict any type of
housing but to ensure compatibility in housing types between manufactured home subdivisions and
surrounding single family residential subdivisions and recognizing their inherent differences.
M. Manufactured Home Park District (MHP). Intended to provide adequate space and site diversification for
residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes,
to promote the most desirable use of land and direction of building development, to promote stability of
development, to protect the character of the district, to conserve the value of land and buildings, and to
protect the City's tax base. This District provides for the creation of tracts of land used for the placement of
multiple manufactured homes on a single lot, tract or parcel of land and utilized for rent or lease. This
District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility between
manufactured home parks and surrounding properties and recognizing the inherent differences in housing
types between manufactured home parks and other residential districts.
N. Agricultural District (AD). Intended to provide as a base zoning district in areas designated as agricultural
conservation on the North and South Schertz Framework Plans. Residences in this District are intended to be
on a minimum lot size of 217,800 square feet (five acres). Clustering of up to two homes may be allowed on
the same lot subject to setback requirements. This District is suitable for areas where development is
premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development
because of physical restraints or potential health or safety hazards.
O. Main Street Mixed-Use District (MSMU). Intended to provide a base zoning district in the area along Main
Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 3 of 3
single-family and multi-family residential uses, and low intensity commercial uses. Reduced setbacks and
parking requirements are provided as part of this district due to physical restraints.
P. Main Street Mixed-Use New Development District (MSMU-ND). Intended to provide a base zoning district in
the area along Main Street, specifically for new development of existing properties. This district is intended
to mirror The Main Street Mixed-Use District (MSMU), allowing for single-family and multi-family residential
uses, and low intensity commercial uses. Reduced setbacks, parking requirements, along with reduced
landscape buffers are provided as part of this district due to physical restraints of the existing properties.
(Ord. No. 13-S-22, § 2, 7-16-2013 ; Ord. No. 14-S-47 , § 2, 11-18-2014; Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021; Ord.
No. 23-S-07 , § 1(Exh. A), 3-14-2023)
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 1 of 6
Sec. 21.5.7. Dimensional and Developmental Standards.
A. General. All projects or developments shall comply with all of the applicable dimensional and development
standards of this Article. Additional requirements may also apply as required in other sections of this UDC. All
area requirements and lot sizes shall be calculated based on gross acres.
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 2 of 6
Table 21.5.7.A DIMENSIONAL REQUIREMENTS
RESIDENTIAL ZONING DISTRICTS
Minimum Lot Size And
Dimensions
Minimum Yard Setback (Ft) Miscellaneous
Lot
Requirements
Code Zoning District Area
Sq. Ft.
Width
Ft.
Depth
Ft.
Front
Ft.
Side
Ft.
Rear
Ft.
Minimum Off-
Street Parking
Spaces
Max
Height
Ft.
Max
Imperv
Cover
Key
R-1 Single-Family Residential
District-1
9,600 80 120 25 10 20 2 35 50% h,j,k,l,
m,o
R-2 Single-Family Residential
District-2
8,400 70 120 25 10 20 2 35 50% h,j,k,l,
m,o
R-3 Two-Family Residential District 9,000 75 120 25 10 20 2 35 60% h,j,k,l,
m,o
R-4 Apartment/Multi-Family
Residential District
43,560 400 100 25 10 20 2 50 75% a,b,j,k,
l,m,
R-5 Middle Density District 10,890 - - 25 10 10 2 35 80% h,j,k,l,
m, q
R-6 Single-Family Residential
District-6
7,200 60 120 25 10 20 2 35 50% h,k,l,
m,n,o
R-7 Single-Family Residential
District-7
6,600 60 110 25 10 20 2 35 50% h,k,l,
m,n,o
R-A Single-Family-
Residential/Agriculture
21,780 - - 25 25 25 2 35 50% h,k,l,
m,n
GH Garden Home Residential
District
5,000 50 100 10 10 10 2 35 75% c,d,e,f,
g,k,l,m
TH Townhome District 2,500 25 100 25 10 20 2 35 75% h,j,k,l,
m
MHS Manufactured Home Subdivision
District
6,600 60 110 25 10 20 2 35 50% j,k,l,
m,o
MHP Manufactured Home Park
District
43,560 - - 25 12.5 25 - 35 50% j,k,l,m
AD Agricultural District 217,800 100 100 25 25 25 2 35 30% h,k,o
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 3 of 6
MSMU Main Street Mixed Use 5,000 50 100 10 5 10 2 35 80% h,j,k,m,
n,p
MSMU-ND Main Street Mixed Use-New
Development
5,000 50 100 10 5 10 2 35 80% j,k,m,p
Key:
a. Maximum density shall not exceed 35 units per acre.
b. 2 parking spaces per unit plus 5%.
c. Zero lot line Garden Homes.
d. 20-foot paved alley for ingress/egress to all rear garages.
e. 5-foot shall be designated maintenance easement.
f. Corner lot shall have 10-foot side yard setback from street right-of-way.
g. 25-foot set back to property line adjoining public street.
h. Corner lot shall have minimum 15-foot side yard setback from street right-of-way. For properties on Main Street, the City Engineer may
authorize a reduction to no less than 10' if there are no sight distance issues.
i. Minimum lot area for each unit.
j. Site Plan approval required.
k. Swimming pools count toward the maximum impervious cover limitations, unless the swimming pool is equipped with a water overflow
device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded.
l. No variances may be permitted to exceed the maximum impervious cover limitations
m. Refer to Article 14, section 21.14.3 for additional design requirements
n. All single family residential dwelling units constructed within this district shall be constructed with an enclosed garage.
o. Side yard setback of 7.5 ft. for R-1, R-2, R-3, R-6, R-7, and MHS continues in effect for all subdivisions vested on the date of adoption of
Ordinance No. 11-S-15.
p. Not subject to the requirements in section 21.10.4
q. Minimum building separation is 10 feet. No HVAC units or fences may be within the building separation space.
Table 21.5.7.B DIMENSIONAL REQUIREMENTS
NON-RESIDENTIAL ZONING DISTRICTS (d)
Minimum Lot Size
And Dimensions
Minimum Yard Setback (Ft) Miscellaneous
Lot
Requirements
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 4 of 6
Code Zoning District Area
Sq. Ft.
Width
Ft.
Depth
Ft.
Front
Ft.
Rear
Adj
Non-
Res
Zone
Rear
Adj.
Res
Zone
Side
Adj
Non-
Res
Zone
Side
Adj
Res
Zone
Max
Ht.
Ft.
Max
Imperv
Cover
Key
OP Office/ Professional 6,000 60 100 25 0 25 0 25 35 70% a, b, c,
d
NS Neighborhood Services 10,000 100 100 25a 0 25 0 25 35 80% a, b, c,
d
GB General Business 10,000 100 100 25 0 25 0 25 120 80% a, b, c,
d
GB-2 General Business-2 10,000 100 100 25 0 25 0 25 120 80% a, b, c,
d
M-1 Light Manufacturing 10,000 100 100 25 0 50c 0 25b 120 80% a, b, c,
d
M-2 Heavy Manufacturing 10,000 100 100 25 0 50c 0 25b 120 80% a, b, c,
d
PUB Public Use District 10,000 100 100 25 0 15 0 25 35 70% a, c, d
Key:
a. See Article 10 for parking requirements.
b. Uses may require a Specific Use Permit. The City of Schertz will follow the guidelines outlined in the Air Installation Compatible Use Zone (AICUZ)
study for Randolph Air Force Base.
c. No variances may be permitted to exceed the maximum impervious cover limitations.
d. Refer to Article 14, Sec. 21.14.3 for additional design requirements.
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 5 of 6
B. Additional Dimensional and Development Standards.
1. All lots developed for residential purposes shall comply with the lot area, minimum setbacks and height
requirements established in table 21.5.7A for the zoning district(s) in which the lot(s) is/are located. All
lots developed for allowed non-residential purposes, within residential zoning districts, shall comply
with lot, area and height requirements established in table 21.5.7A for the zoning district(s) in which
the lot(s) is/are located.
2. All lots developed for non-residential purposes shall comply with lot, area, minimum setbacks, and
maximum height requirements established for the zoning district(s) in which the lot(s) is located, as
established in table 21.5.7B.
3. All lots shall have at least the minimum area, width and depth as indicated in the tables 21.5.7A and
21.5.7B in this section.
4. Platted subdivisions established by a duly approved plat filed prior to adoption of this UDC shall be
exempt from meeting any new lot width, depth, and/or square footage requirements.
5. No lot existing at the time of passage of this UDC shall be reduced in size below the minimum area
requirements set forth in tables 21.5.7A and 21.5.7B.
6. Minimum lot size requirements shall not apply to previously platted lots that are annexed into the City,
but shall apply in the event of a vacation and replat of such property. All other requirements of this
UDC shall nevertheless apply.
7. No portion of any building on a residential lot may be located on any lot closer to any lot line or to the
street right-of-way line than is authorized in table 21.5.7A set forth in this section unless otherwise
listed below:
a. Where the frontage on one (1) side of a street is divided by two (2) or more zoning districts, the
front yard setback shall comply with the requirements of most restrictive district for the entire
frontage between the nearest intersecting streets.
b. Where the building setback line has been established by plat and exceeds the requirements of
this UDC, the more restrictive setback line shall apply.
c. The front yard setback shall be measured from the property line to the front face of the building,
covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may
project into the required front yard, not to exceed two (2) feet.
d. Side Yards: Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein and the ordinary projections of window sills, belt
courses, cornices and other architectural features projecting not to exceed twelve (12) inches
into the required side yard, and roof eaves projecting not to exceed twenty-four (24) inches into
the required side yard.
e. Rear Yards: Every part of a required rear yard shall be open and unobstructed, except for
accessory buildings, uses and structures as permitted and the ordinary projections of window
sills, belt courses, cornices and roof overhangs and other architectural features projecting not to
exceed twenty-four (24) inches into the required rear yard.
f. Where lots have double frontage, running from one street to another, a required front yard
setback shall be provided on both streets.
g. Mixed Use Building: In a building serving dwelling and other uses, in any district, the height and
area regulations applicable to non-residential buildings shall apply.
Created: 2023-07-18 12:49:28 [EST]
(Supp. No. 7)
Page 6 of 6
h. There shall not be more than one (1) residential dwelling on a platted lot of a duly recorded plat
of a single-family residential use.
(Ord. No. 13-S-22 , § 3, 7-16-2013; Ord. No. 14-S-47 , § 3, 11-18-2014; Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021)
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 1 of 8
Sec. 21.5.8. Permitted Use Table.
A. Use of Land and Buildings. Structures, land or premises shall be used only in accordance with the use
permitted in the following use table subject to compliance with the dimensional and development standards
for the applicable zoning district and all other applicable requirements of this UDC.
B. Permitted Principal Uses. No principal use shall be permitted in any district unless it appears in the following
permitted use table.
1. Legend for the permitted use table:
P Use is permitted in district indicated
S Use is permitted in district indicated upon approval of Specific Use Permit
Use is prohibited in district indicated
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 2 of 8
RESIDENTIAL USES
PRE AD RA R-
1
R-
2
R-
3
R-4 R-5 R-6 R-7 MHS MHP GH MS
MU
MS
MU-
ND
TH
Pr
e
d
e
v
e
l
o
p
m
e
n
t
Ag
r
i
c
u
l
t
u
r
a
l
Di
s
t
r
i
c
t
Re
s
i
d
e
n
t
i
a
l
/
Ag
r
i
c
u
l
t
u
r
a
l
Si
n
g
l
e
F
a
m
i
l
y
- 1
Si
n
g
l
e
F
a
m
i
l
y
- 2
Tw
o
F
a
m
i
l
y
Ap
a
r
t
m
e
n
t
/
Mu
l
t
i
-Fa
m
i
l
y
Mi
d
d
l
e
D
e
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
Di
s
t
r
i
c
t
Si
n
g
l
e
Fa
m
i
l
y
- 6
Si
n
g
l
e
Fa
m
i
l
y
- 7
Ma
n
u
f
a
c
t
u
r
e
d
Ho
m
e
S
u
b
d
i
v
i
s
i
o
n
Ma
n
u
f
a
c
t
u
r
e
d
Ho
m
e
P
a
r
k
Ga
r
d
e
n
H
o
m
e
Ma
i
n
S
t
r
e
e
t
Mi
x
e
d
U
s
e
Ma
i
n
S
t
r
e
e
t
Mi
x
e
d
U
s
e
- Ne
w
De
v
e
l
o
p
m
e
n
t
To
w
n
h
o
m
e
Di
s
t
r
i
c
t
PERMITTED USES
P P P P P P P P P P P P P P Accessory Building,
Residential
Aggregate Extraction
P P Agricultural/Field Crops
P Airport, Heliport or
Landing Field
Alcohol Package Sales
Antenna and/or Antenna
Support Structure,
Commercial
P P Antique Shop
Appliances, Furniture
and Home Furnishings
Store
P P Art
Gallery/Library/Museum
Assisted Care or Living
Facility
Athletic Stadium, Private
Athletic Stadium, Public
P P Automobile Parking
Structure/Garage
Automobile Parts Sales
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 3 of 8
Automobile Repairs &
Service, Major
Automobile Repairs &
Service, Minor
Automobile Sales
P P Bakery
P P Bank, Saving and Loan,
Credit Union
P P Beauty Salon/Barber
Shop
S S S S S S S S S S S P P Bed and Breakfast Inn
P P Book Store
Bottling Works
S Building Material and
Hardware Sales
Cabinet or Upholstery
Shop
Car Wash, Automated
Car Wash, Self Serve
S S Cemetery or Mausoleum
S S S S S S S S S S S S S S S S Church, Temple,
Synagogue, Mosque, or
Other Place of Worship
Civic/Convention Center
College, University,
Trade, or Private
Boarding School
Commercial
Amusement, Indoor
Commercial
Amusement, Outdoor
Community Center
Concrete/Asphalt
Batching Plant
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 4 of 8
S Convenience Store w/o
Gas Pumps
Convenience Store w/
Gas Pumps
P P Dance Hall/Night Club
P P Day Care Center
Department Store
Dry Cleaning, Major
P P Dry Cleaning, Minor
P P P P P P P P P P P Family or Group Home
P P P Farmers Market
Flea Market, Inside
S Flea Market, Outside
P P Florist
Fraternity, Sorority, Civic
Club or Lodge
P P Furniture Sales
Gasoline Station/Fuel
Pumps
P P P P P P P P P P P P Gated Community
General
Manufacturing/Industrial
Use
P P P P P P P P P P P P Golf Course and/or
Country Club
P P Governmental Facilities
P P Gymnastics/Dance
Studio
Hazardous Waste
P P Health/Fitness Center
S Heavy Equipment Sales,
Service or Rental
Home Improvement
Center
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 5 of 8
Hospital
Hotel/Motel
Household Appliance
Service and Repair
S S S S S S S S S S S In-Home Day Care
Landfill
Laundromat
P P Livestock
P P Locksmith/Security
System Company
P P Medical, Dental or
Professional Office/Clinic
Mini-Warehouse/Public
Storage
S P P Manufactured/Mobile
Homes
Manufacturing
P P Microbrewery/Brewpub
Mortuary/Funeral Home
S P P P P Multi-Family Apartment
Dwelling
P P P P P P P P P P P P P P P P Municipal Uses
Operated by the City of
Schertz
P P Museum
S Nursery, Major
P Nursery, Minor
Office Showroom
Office-
Warehouse/Distribution
Center
P P P P P P One-Family Dwelling
Attached
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 6 of 8
P P P P P P P P P P P P P P One-Family Dwelling
Detached
P P Packaging/Mailing Store
P P P P P P P P P P P P P P P Park/Playground/Similar
Public Site
Pawn Shop
P P Pet Store
P P Pharmacy
Portable Building Sales
P P Post Office
Print Shop, Major
P P Print Shop, Minor
P P Private Club
Railroad/Bus Passenger
Station
S S P Recreational Vehicle
Park
Recreational Vehicle
Sales and Service
Recycling Collection
Center
Recycling Collection
Point
Recycling Facility
Rehabilitation Care
Facility
Restaurant, Drive-In
P P Restaurant or Cafeteria
P P Retail Stores and Shops
P P P P P P P P P P P P P P P P School, Public or Private
Sexually Oriented
Business (See Ordinance
No. 02-L-16)
P P Stable, Commercial
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 7 of 8
Storage or Wholesale
Warehouse
P P Tattoo Parlors/Studios
P P Tavern
Taxidermist
Theater, Outdoor
P P Theater, Indoor
S Tool Rental
Trailer/Manufactured
Homes Sales
Truck Sales, Heavy
Equipment
Truck Terminal
P P P P P Two-Family Dwelling
P Veterinarian
Clinic/Kennel, Indoor
P P Veterinarian
Clinic/Kennel, Outdoor
S Welding/Machine Shop
Wrecking or Salvage
Yard
S S S S S S S S S S S S S S S S New and Unlisted Uses
Created: 2023-07-18 12:49:29 [EST]
(Supp. No. 7)
Page 8 of 8
C. New and Unlisted Uses.
1. It is recognized that new or unlisted types of land use may seek to locate in the City. In order to provide
for such contingencies, a determination of any new or unlisted form of land use shall be made in
accordance with this section.
2. For uses in which an applicant requests a Specific Use Permit, the City Manager or his/her designee
shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC.
3. It is recognized that the permitted use chart may require amendment, from time to time, to allow for
uses that were otherwise not permitted. In the event an amendment to the permitted use chart is
required, the procedure for the amendment shall be the same as required for an amendment to the
text of the UDC in accordance with section 21.4.7 of this UDC.
D. Limited Uses.
1. Tattoo Parlors/Studios in the Main Street Mixed Use District and the Main Street Mixed Use – New
Development District shall have the following limited uses:
a. No tattoo studio shall be within 900 feet of another tattoo studio (property line to property
line).
2. Automobile Sales within the City of Schertz shall have the following limited uses:
a. No Automobile Sales shall be within three (3) miles of another Automobile Sales (property
line to property line).
b. No Automobile Sales shall be within 250 feet of any single-family residential zoning or use.
c. Automobile Sales uses are required to have Automobile Repair, Major as an accessory use.
(Ord. No. 13-S-22 , § 4, 7-16-2013; Ord. No. 14-S-47 , § 4, 11-18-2014; Ord. No. 20-S-29, § 1(Exh. A), 10-27-2020;
Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021; Ord. No. 21-S-44 , § 1(Exh. A), 10-26-2021)
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 1 of 3
Sec. 21.10.4. Schedule of off-street parking requirements.
A. Off-street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for
the uses specified in the districts designated:
Table 21.10.4 Schedule of Off-Street Parking Requirements
Use Type Parking Requirement
Amusement, Commercial (Indoor) 1 space for each 200 square feet of gross floor area
Amusement, Commercial (Outdoor) 1 space per 500 square feet of outdoor site area plus 1 space
per each 4 fixed spectator seats
Assisted Care, Living Facility,
Care Facility
1 parking space for each 2 beds
Bank, Savings And Loan, Or Other Financial
Institution
1 space for each 250 square feet of gross floor area
Bar Or Night Club 1 space for each 50 square feet of gross floor area
Bed And Breakfast 1 space for each guest room plus 1 space per employee
Bowling Alley 5 parking spaces for each lane
Car Wash 1 space for each 200 Square feet of floor area
Day Care Center 1 space per 250 square feet of gross floor area
Fitness Center/Gym 1 space for each 250 square feet of gross floor area
Convenience Store/Gas Station 1 space for each 250 square feet of gross floor area. Spaces
provided for fueling at the pump stations shall not be
considered parking spaces.
Group Home 4 spaces
Hospital 1 parking space for each bed
Hotel Or Motel 1 space for each sleeping room or suite plus 1 space for every
200 square feet of common area not designated as sleeping
rooms
Lodging Houses And Boarding Houses 1 parking space for each bedroom
Manufacturing, Processing Or Repairing 1 space for each 2 employees or 1 space for each 1,000 square
feet of total floor area, whichever is greater
Medical Or Dental Clinic 1 space for each 200 square feet of total floor area
Middle-Density (R-5) Housing Types For tracts one (1) acre or less, 1 space per unit
For tracts exceeding one (1) acre, 2 spaces per unit
Mini-warehouse/Public Storage 1 space for each 300 square feet of office floor area plus 1
space for each 3,000 square feet of storage area
Mortuary/Funeral Home 1 parking space for each 50 square feet of floor space in
service rooms or 1 space for each 3 seats, whichever is less
based on maximum design capacity)
Multifamily, Condominium or Other Similar
Use
2 spaces per unit Plus additional guest parking provided at a
ratio of 5% of required spaces
Duplex and Two-Family 2 spaces per unit
Nursery 1 space per 300 square feet of total sales area Wholesale
nursery: 1 parking space per employee of the largest work
shift, plus 1 space per 10,000 square feet of display area and 1
space per acre of growing areas
Offices 1 space for each 250 square feet of gross floor area
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 2 of 3
Outdoor Facilities (Outdoor Recreational
Fields i.e. Football, Soccer, etc.)
20 spaces per designated field or 1 per 4 person design
capacity
Public Use Parking shall be provided at a ratio approved by City staff
based on a parking study provided by the applicant
Residence Halls, Fraternity Buildings And
Sorority Buildings
1 space per person capacity of permanent sleeping facilities
Residential Subdivision Mailbox Kiosk 2 spaces—these may be in the right-of-way but not in the
traffic lane—an expansion of the road surface is required and
the kiosk must be covered to provide shelter for people using
the kiosk
Restaurants 1 parking space for each 100 square feet of gross floor area, or
1 space for each 4 seats, whichever is less (based on maximum
design capacity)
Retail Sales And Service 1 space for each 250 square feet of gross floor area
School, High School, Vocational,
All Other Schools
Parking shall be provided at a ratio approved by City staff
based on a parking study provided by the applicant that shall
include vehicle stacking requirements
Single Family Attached And Detached Dwelling
Units
2 parking spaces per dwelling unit
Theaters, Auditoriums, Churches, Assembly
Halls, Sports Arenas, Stadiums, Conference
Center, Convention Center, Dance Hall,
Exhibition Halls, Or Other Place Of Public
Assembly
1 space for each 4 seats or 1 space for every 100 square feet of
gross floor area, whichever is less (based on maximum design
capacity)
Automobile Sales Or Rental 1 space for each 3,000 square feet of sales area (open and
enclosed) devoted to the sale, display or rental of vehicles
Automobile Service, Repair, Garage 1 space for each 200 square feet of total floor area
Warehouse 1 space for each 1,000 square feet of total floor area
B. New and Unlisted Uses. When a proposed land use is not classified in this section or a single use which have
varying parking needs depending on the function of that specific single use, an applicant may submit a
parking ratio based on best/current planning and transportation practices.
1. A best/current parking ratio application should include the following:
a. An application shall fully cite the sources used to derive the applicant-submitted parking ratio,
possible resources include parking standards material from the Institute of Transportation
Engineers (ITE) or the American Planning Association (APA).
b. The City Manager or his/her designee shall review the applicant submitted parking ratio to
confirm best/current planning practices for a use.
c. The City Manager or his/her designee shall approve, modify, or deny the applicant submitted
parking ratio.
2. Parking ratio determination where no application is submitted
a. If the applicant does not submit a parking ratio, then the City Manager or his/her designee shall
determine the parking ratio based on the best/current planning and transportation practices.
C. Mixed uses. In the event that several users occupy a single structure, or parcels of land, the total
requirements for off street parking shall be the sum of the requirements for the several uses computed
Created: 2024-06-07 11:40:46 [EST]
(Supp. No. 8)
Page 3 of 3
separately unless it can be shown that the peak parking demands are offset, for example with retail and
residential, or theater and office uses. In such case the City Manager or his/her designee may reduce the
total requirements accordingly, but not more than twenty-five percent (25%).
D. Joint use of facilities. Required parking facilities of two (2) or more uses, structures, or parcels of land may be
satisfied by the same parking facility used jointly, to the extent that it can be shown by the owners or
operators that the need for the facilities does not materially overlap and provided that such right of joint use
is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use.
E. Properties zoned main street mixed-use. Properties zoned Main Street Mixed-Use shall only be required to
provide two (2) on-site parking spaces but must still provide the minimum required number of handicapped
spaces on site.
(Ord. No. 14-S-47, § 5, 11-18-2014; Ord. No. 16-S-27, § 7, 8-30-2016; Ord. No. 18-S-03, § 1(Exh. A), 1-23-2018; Ord.
No. 22-S-19, § 1(Exh. A), 4-26-2022; Ord. No. 23-S-07, § 1(Exh. A), 3-14-2023)
PLANNING AND ZONING COMMISSION MEETING: 09/04/2024
Agenda Item 7 A
SUBJECT
Current Projects and City Council Status Update
DEVELOPMENT INFORMATION
The following is being provided for information purposes only so that the Planning and Zoning Commission is aware of the current status
of new site plan applications, status of applications heard by the Commission and recommended for final action by the City Council, and
the status of administratively approved applications.
NEW SITE PLAN APPLICATIONS:
There were no new site plan applications submitted to the Planning and Community Development Department between August 3,
2024 and August 29, 2024.
CITY COUNCIL RESULTS: The following development applications were recommended for final action to the City Council.
Ordinance 24-S-144- Conduct a public hearing and consider a request for a Specific Use Permit to allow a monopole
telecommunication facility on approximately 1 acre of land, known as Guadalupe County Property Identification Number 47083,
more specifically known as 120 Windy Meadows Drive, City of Schertz, Guadalupe County, Texas
Denied on First Hearing at the August 6, 2024 CC Meeting
Ordinance 24-S-145- Conduct a public hearing and consider a request to rezone approximately 3.3 acres of land from
Manufacturing – Light District (M-1) to Single-Family Residential District (R-6), known as Comal County Property Identification
Number 75307, a portion of the property also known as 7444 FM 482, City of Schertz, Comal County, Texas.
Approved at First Hearing at the August 6, 2024 CC Meeting
Approved at Final Reading at the August 20, 2024 CC Meeting
Ord. 24-S-146?- Conduct a public hearing and consider a request to rezone approximately 38.8 acres of land from Single-Family
Residential/Agricultural District (R-A) and General Business District (GB) to Apartment/Multi-Family District (R-4), known as
Guadalupe County Property Identification Number 68294, 68295, 68296, 68302, 68303, 68315 68316, generally located 1,100 feet
to the west of the FM 2252 and IH 35 intersection, City of Schertz, Guadalupe County, Texas.
Scheduled for First Hearing at the September 3, 2024 CC Meeting
Ord. 24-S-148- Conduct a public hearing and consider a request to rezone approximately 71 acres of land from Single-Family
Residential/ Agricultural District (R-A) and Agricultural District (AD) to approximately 41 acres as Single-Family Residential
District (R-2) and approximately 30 acres as Single-Family Residential District (R-6), known as Bexar County Property
Identification Number 310022, more specifically known as 12840 Lower Seguin Road, City of Schertz, Bexar County, Texas.
Scheduled for First Hearing at the September 3, 2024 CC Meeting
Ord. 24-S-149- Conduct a public hearing and consider a request to rezone approximately 79 acres of land from Planned
Development District (PDD) to Single-Family Residential District (R-1), known as Bexar County Property Identification Number
310060, more specifically known as 8676 Trainer Hale Rd, City of Schertz, Bexar County, Texas.
Scheduled for First Hearing at the September 3, 2024 CC Meeting
Ord. 24-S-147 – Conduct a public hearing and consider a request for a Specific Use Permit to allow for a Convenience Store with
Gas Pumps in General Business District (GB), on approximately 1.61 acres of land, known as Bexar County Property Identification
Number 1396038, generally located southwest of the intersection of FM1518 and Schaefer Road, City of Schertz, Bexar County,
Texas.
Scheduled for First Hearing at the September 17, 2024 CC Meeting
ADMINISTRATIVELY APPROVED PROJECTS:
The following were administratively approved projects from August 3, 2024, to August 29, 2024.
Eckhardt Road Retail- Final Plat
An approximately 8.701 acre final plat, creating the Eckhardt Road Retail Subdivision, which consists of 4 build-able
commercial lots. Approved August 22, 2024.