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02-17-2009 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, FEBRUARY 17, 2009 Regular Session 6:30 p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. REPORTS • Capital Improvements Project Report – Presentations of status report of all major capital improvements projects. (L. Dublin) Hearing of Residents This time is set-aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on? those persons who have signed up to speak in the order they have registered. Discussion and/or Action Items 1. Ordinance No. 09-S-06 – Discussion and/or action on approving first reading of Ordinance No. 09-S-06 regarding the revised Unified Development Code (UDC) comprised of zoning, subdivision and other related land use regulations by superseding Ordinance No. 96-S-28. First Reading (K. Mitchell) 2. Ordinance No. 09-S-07 -Discussion and/or action approving an ordinance to rezone 2.19± acres of land out of the Genobra Malpaz Survey No. 67, Abstract No. 221 from Single-Family Residential District-2 (R-2) to General Business District (GB). The property is located approximately 966 feet east of the intersection of FM-3009 and 220 feet south of FM-78 (John E. Peterson Blvd.). Final Reading (M. Nichols) 3. Minutes – Discussion and/or action regarding the approval of the minutes of the Regular Meeting of February 10, 2009. 2-17-09 Council Agenda 4. Resolution No. 09-R-06 – Discussion and/or action regarding approval of a resolution requesting modification of zip code boundaries for property located in the City of Schertz, Texas and its extraterritorial jurisdiction. (D. Taylor/M. Spain) 5. Resolution No. 09-R-11 – Consideration and/or action regarding approval of a resolution for a grant application for six (6) computers one for CID, and five for police patrol cars. (B. Todd) 6. Resolution No. 09-R-12 – Consideration and/or action regarding approval of a resolution authorizing a reimbursement of general fund money for irrigation to be performed at the City’s new Library facility. (G. Logan/K. Lewinski) 7. CERT (Community Emergency Response Team) Trailer Agreement – Consideration and/or action approving an agreement between the City of Schertz and the County of Bexar for loan of trailer purchased with Home Land Security Funds. (G. Outlaw) EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 8. Resolution No. 09-R-09 – Discussion and/or action regarding approval of a resolution for a Community Facilities Agreement between the City of Schertz and KB Home Lone Star, LP for the dedication of parkland. (G. Logan) 9. Resolution No. 09-R-10 – Discussion and/or action regarding approval of a resolution for a Community Facilities Agreement between the City of Schertz and Pulte Homes of Texas, LP for the dedication of parkland. (G. Logan) 10. Town Creek Sewer Phase II Easement Acquisition – Consideration and/or action approving the Easement Acquisition for Town Creek Sewer Phase II. (L. Dublin) 11. Take any additional action deemed necessary as a result of the Executive Session. Requests and Announcements 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 13. Requests by Mayor and Councilmembers to City Manager and Staff for information 14. Announcements by Mayor and Councilmembers 2-17-09 City Council Agenda Page -2 - • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 15. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 12th DAY OF FEBRUARY, 2009 AT 1:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________Title:__________________________ c . 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 all 619-1030 at least 24 hours in advance of meeting 2-17-09 City Council Agenda Page -3 - 2-17-09 City Council Agenda Page -4 -COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustment Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: February 17, 2009 Department: Planning & Zoning Subject: Ordinance No. 09-S-06 – Revising the Unified Development Code (UDC) First Reading BACKGROUND In July, 2007, Mitchell Planning Group, LLC began review of the current UDC and presented a Diagnostic Report to the City Council on August 15, 2007. Input was received by elected and appointed officials as well as citizens, City staff, and outside engineering firms that utilize the City’s UDC. In September of 2008, the Planning and Zoning Commission completed its review of the document and made its recommendation to the Council; however, before this document was presented to the Council, it was determined more work was required. On January 10, 2009, the Planning and Zoning Commission conducted a public hearing on the completed UDC and held a “Special Called” meeting on January 21, 2009 to vote on recommending approval of the document to the City Council. Input received at the January 10, 2009 meeting by the Commission and Citizens has been incorporated into the completed version before the Council this evening. On January 27, 2009 and February 3, 2009, the City Council conducted its public hearing. Staff has received comments from various citizens and City Council members and has incorporated most of these comments into the revised UDC document. In addition to the list of significant changes listed below, staff has attached an “Add/Delete” list in order to identify additional changes made since the last meeting. SIGNIFICANT CHANGES TO UDC: The revised UDC has been reviewed by City Attorney, Michael Spain, as well as Consulting Land Use Attorney, Ruben Barrera of Bracewell & Guiliani. Below is a list of the significant changes made to the UDC: • Reformatted to a user-friendly document • In compliance with state and federal laws • Removal of contradictory language • Added provision for Consistency with Comprehensive Plan • Incorporated language on Traffic Safety Advisory Commission • Eliminated Overlay Districts and incorporated all standards into text • Changed R-5, Residential District to GH, Garden Home Residential District • Created Table with Design Criteria for all Zoning Districts • Added Impervious Surface maximum requirements • Created new regulations for Planned Development Districts City Council Memorandum Page 2 • Added requirement for Tax Certificates to be submitted with applications • Separated Manufactured Home Subdivisions and Manufactured Home Parks • Added provisions for Carports and Porte Cocheres • Added requirement for Traffic Impact Analysis for certain developments • Added validation provision for certain developments that do not meet code • Added Lighting and Glare standards • Added provision for dumpster enclosures • Added Telecommunications regulations • Added Exterior Construction Standards • Changed DBH to Caliper inches for new plantings in the Tree Preservation/Mitigation • Added requirement for garages for single family residential homes • Added stacking requirement for drive-thru facilities • Added drainage plan requirement to check list on certain plats • Added provision requiring City Engineer approval on all public infrastructure construction plans prior to Final Plat application • Added Community Facilities Agreement for all public infrastructure improvements • Added expiration period for plats approved but not filed with County • Added administrative approval for minor/amending plats • Added criteria for Master Plans • Added criteria for Site Plans • Added approval box for Site Plans • Added drainage criteria section • Added Storm Water Management Plan section • Added criteria of a mandatory HOA for gated subdivisions • Added provisions for Hike and Bike Trails/Sidewalks • Added provision for Hike and Bike Trails on private property adjacent to State Highways • Added requirement for utility easements for all utilities, including natural gas • Added definition of HOA • Made minor revisions to certain definitions as they pertain to sign regulations FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission at its January 21, 2009 meeting voted unanimously to recommend approval of the revised UDC to the City Council. Staff recommends Council approval of first reading of Ordinance No. 09-S-06 ATTACHMENT Add/Delete Sheets Ordinance No. 09-S-06 UDC ORDINANCE NO. 09-S-06 AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SCHERTZ, TEXAS; REPEALING ALL ORDINANCES AND CODES OR PARTS OF ORDINANCES AND CODES IN CONFLICT WITH THIS ORDINANCE AND THE CODE AUTHORIZED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Schertz, Texas (the “City) established a Unified Development Code on September 3, 1996, which has been amended from time to time (as amended, the “Current UDC”); and WHEREAS, City Staff, the Planning and Zoning Commission, and other appropriate boards and commissions of the City have reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, the City Council has been presented with a proposed Amended and Restated Unified Development Code (the “Amended UDC”) and finds that implementation of the Amended UDC will assist property owners in pursuing orderly and appropriate development in the City and will assist the City Staff, the Planning and Zoning Commission, and other appropriate boards and commissions of the City in implementing the development goals of the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Amended and Restated Unified Development Code in the form attached hereto as Exhibit A is hereby approved as the official Unified Development Code of the City. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject SCHERTZ Ordinance (Uniform Development Code).doc -1- SCHERTZ Ordinance (Uniform Development Code).doc -2-matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be in force and effect from and after its final passage and any publication required by law, and the Amended and Restated Unified Development Code authorized herein shall have an effective date of the date this Ordinance is adopted on second and final reading, and it is so ordained. PASSED ON FIRST READING, the 17th day of January, 2009. PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____ day of February, 2009. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (Seal of City) EXHIBIT A Amended and Restated Unified Development Code See Attached SCHERTZ Ordinance (Uniform Development Code).doc A-1 1 City of Schertz Amended and Restated Unified Development Code Adopted by Ordinance Number 09-S-06 February 24, 2009 2 Acknowledgements City of Schertz Elected Officials The Honorable Hal Baldwin, Mayor Jim Fowler, Councilmember, Place 1 David Scagliola, Councilmember, Place 2 John Trayhan, Ph.D, Councilmember Place 3 Tony Wilenchik, Councilmember, Place 4 Michael Carpenter, Councilmember, Place 5 City of Schertz Planning and Zoning Commission David Richmond, Chairperson Ernest (Ernie) Evans, Jr., Vice-Chairperson Cedric Edwards, Jr., Commissioner Gary Wallace, Commissioner Ken Greenwald, Commissioner William W. Sommers, Commissioner Roberta Tutschke, Commissioner City Administration Don E. Taylor, City Manager John Bierschwale, Assistant City Manager David J. Harris, Assistant City Manager Brenda Dennis, City Secretary Development Services Leonard Truitt, Director Misty Nichols, Senior Planner Lesa Wood, Planner I Public Works Sam Willoughby, Director James Hooks, Superintendent City Engineer Larry Dublin, P.E. Parks, Recreation & Community Services George Logan, Director Planning Consultant Karen K. Mitchell, Mitchell Planning Group, LLC Article 1 – General Provisions Schertz Unified Development Code i Table of Contents ARTICLE 1 GENERAL PROVISIONS ...................................................................................... ............. 1-1 SEC. 21.1.1 SHORT TITLE ................................................................................................................................ 1-1 SEC. 21.1.2 PURPOSE AND INTENT.................................................................................................................... 1-1 SEC. 21.1.3 AUTHORITY ...................................... ........................................................................................... 1-1 SEC. 21.1.4 JURISDICTION............................................................................... ................................................ 1-1 SEC. 21.1.5 CONSISTENCY WITH COMPREHENSIVE LAND PLAN ....................................................................... 1-2 SEC. 21.1.6 VESTED RIGHTS “ISSUANCE OF LOCAL PERMITS” PERMITS” ......................................................................... 1-4 SEC. 21.1.7 APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE COSTS........................................................... 1-5 SEC. 21.1.8 MINIMUM REQUIREMENTS.................................................................................................. .......... 1-5 SEC. 21.1.9 EFFECTIVE DATE ........................................................................................................................... 1-5 SEC. 21.1.10 SEVERABILITY ............................................................................................................................... 1-6 SEC. 21.1.11 VIOLATIONS AND PENALTIES................. ....................................................................................... 1-6 SEC. 21.1.12 VALIDITY...................................................................................... ............................................... 1-6 ARTICLE 2 OFFICIAL MAPS.................................................................................................................. 2-1 SEC. 21.2.1 OFFICIAL ZONING MAP.................................................................................................................. 2-1 SEC. 21.2.2 DISTRICT BOUNDARY INTERPRETATION ........................................................................................ 2-1 ARTICLE 3 BOARDS AND COMMISSIONS .......................................................... .............................. 3-1 SEC. 21.3.1 GENERAL PROVISIONS ................................................................................................................... 3-1 SEC. 21.3.2 CITY COUNCIL ............................................................................................................................... 3-2 SEC. 21.3.3 PLANNING AND ZONING COMMISSION........................................................................................... 3-3 SEC. 21.3.4 BOARD OF ADJUSTMENT................................................... ............................................................ 3-4 SEC. 21.3.5 ADMINISTRATIVE AUTHORITY.................................................................................................. .... 3-7 SEC. 21.3.6 OTHER BOARDS AND COMMISSIONS .............................................................................................. 3-8 ARTICLE 4 PROCEDURES AND APPLICATIONS............. ................................................................ 4-1 SEC. 21.4.1 PURPOSE AND INTENT.................................................................................................... ............... 4-1 SEC. 21.4.2 INITIATION OF APPLICATION.......................................................................................................... 4-1 SEC. 21.4.3 NOTICE REQUIREMENTS ................................................................................................................ 4-2 SEC. 21.4.4 PUBLIC HEARINGS ......................................... ............................................................................... 4-3 SEC. 21.4.5 POST-DECISION PROCEDURES............................................................................... ........................ 4-4 SEC. 21.4.6 COMPREHENSIVE LAND PLAN AMENDMENT.................................................................................. 4-5 SEC. 21.4.7 UNIFIED DEVELOPMENT CODE TEXT AMENDMENT....................................................................... 4-6 SEC. 21.4.8 ANNEXATION.................................................................................. ............................................. 4-8 SEC. 21.4.9 DESIGNATION OF HISTORIC LANDMARKS, CREATION OF HISTORIC DISTRICTS AND CERTIFICATES OF APPROPRIATENESS.................................... ................................................................................... 4-9 SEC. 21.4.10 DEVELOPMENT AGREEMENTS............................................................................ ......................... 4-10 SEC. 21.4.11 UTILITY SERVICE EXTENSION...................................................................................................... 4-11 SEC. 21.4.12 VARIANCES................................................................................................................................. 4-12 SEC. 21.4.13 SPECIAL EXCEPTIONS .................................................................................................................. 4-14 SEC. 21.4.14 APPEALS .......................................................... .......................................................................... 4-15 SEC. 21.4.15 PUBLIC INFRASTRUCTURE IMPROVEMENT CONSTRUCTION PLANS AND COMMUNITY FACILITIES AGREEMENTS .............................................................................................................................. 4-16 SEC. 21.4.16 BUILDING PERMITS...................................... ............................................................................... 4-21 ARTICLE 5 ZONING DISTRICTS........................................................................................ .................. 5-1 SEC. 21.5.1 PURPOSE AND APPLICABILITY ....................................................................................................... 5-1 SEC. 21.5.2 ZONING DISTRICTS ESTABLISHED.................................................................................................. 5-1 SEC. 21.5.3 INITIAL ZONING UPON ANNEXATION................................. ........................................................... 5-1 Article 1 – General Provisions Schertz Unified Development Code ii SEC. 21.5.4 ZONING CHANGE/ZONING MAP AMENDMENT............................................................................... 5-2 SEC. 21.5.5 STATEMENT OF PURPOSE AND INTENT FOR RESIDENTIAL DISTRICTS............................................. 5-4 SEC. 21.5.6 STATEMENT OF PURPOSE AND INTENT FOR NONRESIDENTIAL DISTRICTS...................................... 5-7 SEC. 21.5.7 DIMENSIONAL AND DEVELOPMENTAL STANDARDS....................................................................... 5-8 SEC. 21.5.8 PERMITTED USE TABLE ............................................................................................................... 5-12 SEC. 21.5.9 SPECIAL DISTRICTS.......................... ........................................................................................... 5-19 SEC. 21.5.10 PLANNED DEVELOPMENT DISTRICT............................................................. ............................... 5-19 SEC. 21.5.11 SPECIFIC USE PERMIT (SUP) ....................................................................................................... 5-23 ARTICLE 6 MANUFACTURED HOMES AND RV PARKS................................................................. 6-1 SEC. 21.6.1 MANUFACTURED HOME SUBDIVISIONS ............................................. ........................................... 6-1 SEC. 21.6.2 MANUFACTURED HOME PARKS ..................................................................................................... 6-3 SEC. 21.6.3 RECREATIONAL VEHICLE (RV) PARKS .......................................................................................... 6-7 ARTICLE 7 NONCONFORMING USES, LOTS AND STRUCTURES................................................ 7-1 SEC. 21.7.1 PURPOSE AND INTENT.......................................................................................................... ......... 7-1 SEC. 21.7.2 NONCONFORMING STATUS ............................................................................................................ 7-1 SEC. 21.7.3 CONTINUING LAWFUL USE OF LAND AND STRUCTURES................................................................ 7-1 SEC. 21.7.4 EXPANSION OF NONCONFORMING USES AND STRUCTURES ...................................... .................... 7-2 SEC. 21.7.5 ABANDONMENT OF NONCONFORMING USES AND STRUCTURES, AND CESSATION OF USE OF STRUCTURES OR LAND ..................................................................... ............................................ 7-2 SEC. 21.7.6 SUBSTITUTION OF NONCONFORMING USES.................................................................................... 7-2 SEC. 21.7.7 RECONSTRUCTION OR REPAIR OF NONCONFORMING STRUCTURE ................................................. 7-3 SEC. 21.7.8 RELOCATION OF NONCONFORMING STRUCTURE ............................... ........................................... 7-3 SEC. 21.7.9 NONCONFORMING LOTS ................................................................................................................ 7-3 SEC. 21.7.10 VALIDATION ................................................................................................................................. 7-4 ARTICLE 8 SPECIAL USES AND GENERAL REGULATIONS......................................................... 8-1 SEC. 21.8.1 SECURED (GATED COMMUNITIES) .......................................................................... ...................... 8-1 SEC. 21.8.2 ACCESSORY USES AND STRUCTURES............................................................................................. 8-2 SEC. 21.8.3 CARPORTS .................................................................................................................................... 8-3 SEC. 21.8.4 HOME OCCUPATIONS.................................. ................................................................................. 8-4 SEC. 21.8.5 LIGHTING AND GLARE STANDARDS......................................................................... ..................... 8-6 SEC. 21.8.6 TELECOMMUNICATIONS ANTENNAS .............................................................................................. 8-8 ARTICLE 9 SITE DESIGN STANDARDS .......................................................................................................... 9-1 SEC. 21.9.1 GENERAL DESIGN STANDARDS.......................................... ........................................................... 9-1 SEC. 21.9.2 BLOCKS .................................................................................................................... ................... 9-1 SEC. 21.9.3 LOTS............................................................................................................................................. 9-2 SEC. 21.9.4 MONUMENTS AND LOT MARKERS ................................................................................................. 9-3 SEC. 21.9.5 EXTERIOR CONSTRUCTION AND DESIGN STANDARDS ................................................................... 9-3 SEC. 21.9.6 PROTECTION OF NATURAL FEATURES ................................................................... ....................... 9-4 SEC. 21.9.7 LANDSCAPING ............................................................................................................................... 9-4 SEC. 21.9.8 SCREENING ................................................................................................................................. 9-13 SEC. 21.9.9 TREE PRESERVATION AND MITIGATION....................................................................................... 9-16 SEC. 21.9.10 PARK AND OPEN SPACE DEDICATION REQUIREMENTS ................................... ............................ 9-21 ARTICLE 10 PARKING STANDARDS............................................................................................................. 10-1 SEC. 21.10.1 PURPOSE..................................................................................................................................... 10-1 SEC. 21.10.2 GENERAL PROVISIONS ................................................................................................................. 10-1 SEC. 21.10.3 SIZE OF SPACE ............................................................................................................................. 10-1 SEC. 21.10.4 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS............ .................................................... 10-3 SEC. 21.10.5 STRIPING........................................................................................................................ ............ 10-5 SEC. 21.10.6 SHARED ACCESS AND CROSS LOT ACCESS EASEMENTS .............................................................. 10-5 SEC. 21.10.7 STACKING REQUIREMENT FOR DRIVE-THROUGH FACILITIES ...................................................... 10-5 SEC. 21.10.8 OFF-STREET LOADING/UNLOADING REQUIREMENTS ........................................................... ...... 10-5 Article 1 – General Provisions Schertz Unified Development Code iii SEC. 21.10.9 ADDITIONAL REGULATIONS AND ILLUSTRATIONS ....................................................................... 10-6 ARTICLE 11 SIGNS AND ADVERTISING DEVICES.................................................................................... 11-1 SEC. 21.11.1 PURPOSE............................................ ........................................................................................ 11-1 SEC. 21.11.2 APPLICABILITY .............................................................................. ............................................. 11-1 SEC. 21.11.3 ADMINISTRATION ........................................................................................................................ 11-1 SEC. 21.11.4 GENERAL REQUIREMENTS ........................................................................................................... 11-2 SEC. 21.11.5 EXEMPTED SIGNS.................... .................................................................................................... 11-4 SEC. 21.11.6 PROHIBITED SIGNS................................................................ ...................................................... 11-5 SEC. 21.11.7 REMOVAL OF SIGNS.............................................................................................................. ...... 11-7 SEC. 21.11.8 GENERAL SIGN PROVISIONS ........................................................................................................ 11-9 SEC. 21.11.9 WALL SIGNS .............................................................................................................................. 11-10 SEC. 21.11.10 FREESTANDING GROUND SIGNS........................... ..................................................................... 11-11 SEC. 21.11.11 MONUMENT SIGNS............................................................................................... ..................... 11-12 SEC. 21.11.12 MULTI-TENANT SIGNS ............................................................................................................... 11-12 SEC. 21.11.13 ELECTRONIC SIGNS.................................................................................................................... 11-14 SEC. 21.11.14 DIRECTIONAL SIGNS ................... .............................................................................................. 11-15 SEC. 21.11.15 SUBDIVISION ENTRY SIGNS ............................................................ .......................................... 11-15 SEC. 21.11.16 PRICE-PER-GALLON DISPLAY.................................................................................................... 11-16 SEC. 21.11.17 TEMPORARY SIGNS.................................................................................................................... 11-16 SEC. 21.11.18 DEVELOPMENT SIGNS................................................................................................................ 11-17 SEC. 21.11.19 REAL ESTATE SIGNS ........................................... ...................................................................... 11-18 SEC. 21.11.20 BANNERS OVER PUBLIC RIGHTS-OF-WAY .......................................................................... ...... 11-18 SEC. 21.11.21 NONCONFORMING SIGNS ........................................................................................................... 11-19 SEC. 21.11.22 LICENSES .................................................................................................................................. 11-20 SEC. 21.11.23 VIOLATIONS...................................... ....................................................................................... 11-22 ARTICLE 12 SUBDIVISIONS ................................................................................. .......................................... 12-1 SEC. 21.12.1 PURPOSE AND APPLICABILITY ..................................................................................................... 12-1 SEC. 21.12.2 GENERAL PROVISIONS ................................................................................................................. 12-1 SEC. 21.12.3 PRE-APPLICATION CONFERENCE ................................................................................................. 12-3 SEC. 21.12.4 APPLICATION REQUIRED.................................................... ......................................................... 12-3 SEC. 21.12.5 SUBDIVISION MASTER PLAN.................................................................................................... ... 12-3 SEC. 21.12.6 SUBDIVISION MASTER PLAN PROCESS......................................................................................... 12-6 SEC. 21.12.7 PRELIMINARY PLAT ..................... ............................................................................................... 12-8 SEC. 21.12.8 PRELIMINARY PLAT PROCESS ............................................................ ....................................... 12-12 SEC. 21.12.9 FINAL PLAT ............................................................................................................................... 12-14 SEC. 21.12.10 FINAL PLAT PROCESS ................................................................................................................ 12-19 SEC. 21.12.11 MINOR PLAT PROCESS............................................................................................................... 12-21 SEC. 21.12.12 AMENDING PLAT PROCESS ...................................... ................................................................. 12-23 SEC. 21.12.13 REPLAT PROCESS................................................................................................... ................... 12-25 SEC. 21.12.14 SITE PLAN PROCESS................................................................................................................... 12-27 SEC. 21.12.15 WAIVERS .................................................................................................................................. 12-31 ARTICLE 13 LAND DISTURBING ACTIVITIES AND DRAINAGE........................................................... 13-1 SEC. 21.13.1 CLEARING AND GRADING ........................................................................................ ................... 13-1 SEC. 21.13.2 DRAINAGE .................................................................................................................................. 13-1 SEC. 21.13.3 STORMWATER MANAGEMENT PLAN.......................................................................................... 13-19 ARTICLE 14 TRANSPORTATION ..................................... ............................................................................. 14-1 SEC. 21.14.1 STREETS................................................................................................ ..................................... 14-1 SEC. 21.14.2 CRITERIA AND DESIGN................................................................................................................. 14-5 SEC. 21.14.3 ADDITIONAL DESIGN REQUIREMENTS ......................................................................................... 14-5 SEC. 21.14.4 ALLEYS.................................... .................................................................................................. 14-7 SEC. 21.14.5 DRIVEWAYS......................................................................... ...................................................... 14-7 SEC. 21.14.6 SIDEWALKS AND HIKE AND BIKE TRAILS .................................................................................... 14-8 Article 1 – General Provisions Schertz Unified Development Code iv SEC. 21.14.7 TRAFFIC IMPACT ANALYSIS................................................................................................ ........ 14-9 ARTICLE 15 EASEMENTS AND UTILITIES.................................................................................................. 15-1 SEC. 21.15.1 EASEMENTS ........................ ....................................................................................................... 15-1 SEC. 21.15.2 WATER SYSTEMS................................................................ ....................................................... 15-1 SEC. 21.15.3 WASTEWATER SYSTEMS........................................................................................................... .. 15-3 SEC. 21.15.4 UTILITIES.................................................................................................................................... 15-4 ARTICLE 16 DEFINITIONS......... .................................................................................................................... 16-1 Article 1 – General Provisions Schertz Unified Development Code 1-1 1.Article 1 General Provisions Sec. 21.1.1 Short Title Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited as the Unified Development Code of the City of Schertz, Texas or simply as the Unified Development Code or the UDC. Sec. 21.1.2 Purpose and Intent This UDC is adopted to: Protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City; Ensure the safe, orderly and efficient development and expansion of the City in accordance with and pursuant to its Comprehensive Land Plan; Conserve, develop, protect and utilize natural resources, in keeping with the public interest; Prevent the overcrowding of land and avoid undue concentration or diffusion of population; Protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; Provide for open space; Minimize pollution of air and water, assure the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aesthetic quality of the community; Lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; and Facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services. Sec. 21.1.3 Authority This UDC is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the constitution and other laws of the State of Texas and the Charter of the City. Sec. 21.1.4 Jurisdiction The provisions of this UDC apply to all property within the corporate limits of the City and generally to all lands subject to its jurisdiction as conferred by State law. A. Jurisdiction within City Limits The City has the statutory authority to exercise a broad range of powers within its corporate boundaries and its extraterritorial jurisdiction. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code, as amended Article 1 – General Provisions Schertz Unified Development Code 1-2 (LGC). Pursuant to such authority, all sections of the UDC shall apply to all areas within the city limits of Schertz. All structures, land uses, businesses, subdivisions, or property development constructed or commenced after the effective date of this UDC and all enlargements of, additions to, changes in, reductions to or relocations of existing structures, land uses, businesses, subdivisions, or property developments occurring after the effective date of this UDC are therefore subject thereto. B. Jurisdiction within Extraterritorial Jurisdiction The City extends to its extraterritorial jurisdiction (ETJ) the regulation of subdivisions and property development adopted under LGC Chapter 212. The City also extends to its ETJ the authority to regulate signage as adopted under LGC Chapters 216, 245, and 43. However, unless otherwise authorized by State law, within its ETJ, the City may not regulate: 1. the use of any building or property for business, industrial, residential, or other purposes; 2. the bulk, height, or number of buildings constructed on a particular tract of land; 3. the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage; 4. the number of residential units that can be built per acre of land; or 5. the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if: a. the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities; and b. the developed tract of land is: i. located in a county with a population of 2.8 million or more; and ii. served by: on-site septic systems constructed before September 1, 2001, that fail to provide adequate services; or on-site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water. Sec. 21.1.5 Consistency with Comprehensive Land Plan This UDC is intended to implement the policies and objectives contained in the Comprehensive Land Plan and Thoroughfare Master Plan for the City and to affect the City’s plan for provision of public facilities and service within the City limits and within the City’s ETJ. Any application for development should be consistent with the City’s Comprehensive Land Plan and Thoroughfare Master Plan, as amended from time to time. The following General Land Use Policies have been used in the development of this Code in order to ensure that land development within the City’s jurisdictional area is in accordance with the City’s Comprehensive Land Plan and Thoroughfare Master Plan. These policies act as a guideline and should not be construed as development regulations. A. Growth Management 1. New development should be compatible with existing development and community character. Article 1 – General Provisions Schertz Unified Development Code 1-3 2. New development should maintain the character, look and feel of the City. 3. New development should occur in a fiscally responsible manner for the City. B. Environmental Protection 1. Development should preserve and protect waterways and floodplains. 2. Development should preserve and protect surface and ground water resources and hydrologically-active areas. 3. Developers should cooperate with local governmental entities to ensure water quality. 4. Development should promote and encourage water conservation practices. 5. Development should preserve and protect air quality. 6. Development should seek public acquisition of open space or develop conservative development options for areas of environmental concern. 7. Agricultural and ranch lands should be priority areas for open space preservation. The City is interested in preserving natural open space areas. 8. Development should promote awareness and implementation of Best Management Practices (BMPs) for purposes of water quality and land conservation (e.g., increase awareness of the impacts of the use of certain pesticides on the drinking water supply). C. Housing 1. Development should provide housing alternatives for all income levels within the City’s jurisdictional area. 2. Development should encourage housing that is compatible with existing neighborhoods and land uses. 3. Development should promote cluster development when and where appropriate. D. Economic Development 1. Development should promote economic development opportunities along I-35 and along major arterials such as FM 3009, Schertz Parkway, FM 1518, and FM 78. 2. Development should promote economic development consistent with other land use policies. 3. Development should promote quality development that is compatible with neighboring areas. E. Historic Preservation 1. Development should preserve and enhance historic areas and sites throughout the City’s jurisdictional area. 2. Development should preserve significant archaeological sites throughout the City’s jurisdictional area. 3. Development should use community history to promote tourism and economic development. F. Parks and Recreation 1. Development should connect existing and future parks in accordance with the City’s Parks and Open Space Master Plan. Article 1 – General Provisions Schertz Unified Development Code 1-4 2. Development should provide and preserve open space and parkland in new neighborhoods and associated with new schools. 3. Development should encourage maintenance and safety of parks and recreation resources. G. Circulation 1. Development should improve access to major thoroughfares identified by the City. 2. Development should encourage streets and street network designs to be interconnected to provide ample, safe, and appropriately scaled access through and between neighborhoods and to commercial centers. 3. Development should provide safe and efficient vehicular connectivity. 4. Development should provide for safe and effective hike and bike trails. 5. Development should ensure that access is safely managed and integrated into land use and site designs. 6. Development should encourage adequate parking and layouts of parking to be provided for new commercial, office and retail development, provided that the parking fields do not deter ease of pedestrian access into and through new developments, and do not deter or detract from community character. 7. Development should provide for safe and ample pedestrian connectivity throughout new and/or existing developments, including schools, park sites, and commercial areas. H. Urban Design 1. Development should encourage and provide incentives for blending of land uses and mixed-use development. 2. Development should utilize streetscape design criteria to encourage safe and desirable pedestrian access and community attractiveness. 3. Development should utilize appropriate building area and bulk regulations, configurations, project scales and architectural design for new developments within the community. 4. Signage should not detract from the visual integrity of the community. 5. Lighting associated with signage, buildings or area-wide development should not pose a safety or environmental concern, and should be addressed in an aesthetically pleasing manner, when possible and appropriate – particularly as it relates to the impact on existing or new residential development. I. Civic and Public Spaces 1. Civic buildings and civic spaces should be given prominent sites. 2. Elementary school sites should be provided as new neighborhood developments are approved, so as to be within walking distance of a majority of the dwelling units in adjoining neighborhoods. This should be coordinated with the appropriate school district. Sec. 21.1.6 Vested Rights “Issuance of Local Permits” Property owners who have filed a completed application or have obtained approval of any project or permit prior to the effective date of this UDC shall be considered in compliance with LGC Chapter 245. Article 1 – General Provisions Schertz Unified Development Code 1-5 Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs A. If the City requires as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who is licensed in the State of Texas, and is retained by the municipality. B. A developer who disputes the determination made under Subsection (a) may appeal to the governing body of the municipality. At the appeal, the developer may present evidence and testimony under procedures adopted by the City Council. After hearing any testimony and reviewing the evidence, the City Council shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the developer. C. A developer may appeal the determination of the City Council to a county or district court of the county in which the development project is located within thirty (30) days after the final determination by the City Council. D. The City may not require a developer to waive the right of appeal authorized by this section as a condition of approval for a development project. E. A developer who prevails in an appeal under this section is entitled to applicable costs and to reasonable attorney's fees, including expert witness fees. Sec. 21.1.8 Minimum Requirements A. The provisions of this UDC shall be interpreted and applied as the minimum requirements for the promotion of public health, safety and general welfare. B. Whenever the requirements of this UDC are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher higher standards, as determined by the City Manager or his/her designee shall apply. C. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this UDC shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, State or Federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued. Sec. 21.1.9 Effective Date This UDC amends and restates the original Unified Development Code of the City, which had an effective date of September 3, 1996. This amended and restated UDC shall take effect upon adoption by the City Council on February 24, 2009 as reflected on the cover page hereof. Except as otherwise provided in this UDC, on the effective date and thereafter, this UDC shall supersede all prior development regulations governing the development of land within the City and its ETJ. All development applications and proposals filed on or after the effective date of this UDC, whether for new developments or amendments to plats and plans shall be required to meet the standards of this UDC and shall be processed in accordance with the procedures herein. Article 1 – General Provisions Schertz Unified Development Code 1-6 Sec. 21.1.10 Severability All sections, paragraphs, sentences, clauses, and phrases of this UDC are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause, or phrase of this UDC to fail or become invalid. Sec. 21.1.11 Violations and Penalties Any person, firm or corporation who shall violate any of the provisions of this UDC or fails to comply therewith or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build in violation of any detailed statement of specification of plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and and upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the appropriate legal maximum. In the case of a violation of section 21.9.9, the penalty shall be the sum as determined above plus the value of the tree as determined by a certified arborist hired by the City. Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. In case any person, firm or corporation violates any of the provisions of this UDC or fails to comply therewith, the City, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this UDC as a misdemeanor, shall not preclude the City from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Sec. 21.1.12 Validity The issuance or granting of a permit or approval of plans or plats, site or facility designs, or specifications shall not be construed to be a permit for, or an approval of, any violation of any provision of this UDC or any other City ordinance. No permit purporting to give authority to violate or cancel the provisions of this UDC shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this UDC or a variance, exception, or modification granted pursuant to this UDC. End of Article 1 Article 2 – Official Maps Schertz Unified Development Code 2-1 2.Article 2 Official Maps Sec. 21.2.1 Official Zoning Map A. There shall be a map known and designated as the Official Zoning Map, which shall show the boundaries of all zoning districts within the City and which is by reference made a part of this UDC. One (1) original official and four (4) copies of the Official Zoning Map are hereby adopted bearing the affidavit of the City Secretary and shall be filed and maintained as follows: 1. The Official Zoning Map shall be maintained by the City Planning Department; 2. One (1) copy of the Official Zoning Map shall be maintained in the office of the City Secretary; 3. One (1) copy of the Official Zoning Map shall be filed with the City Building Inspection Division; 4. One (1) copy of the Official Zoning Map shall be posted in the conference room where the City Council and Planning and Zoning Commission meet and shall be maintained by the City Planning Department; 5. One (1) copy of the Official Zoning Map shall be posted in the City’s public library; and 6. One Zoning Map shall be posted on the City’s website. B. The boundaries of the zoning districts as set out in Article 5 are delineated upon the Official Zoning Map of the City; said map being a part of this UDC as fully as if the same were set forth herein in detail. C. All amendments to the Official Zoning Map shall be made immediately after their enactment and the date of the change shall be the effective date of the amending ordinance adopted by the City Council. The official copies of the zoning map posted in accordance with section 21.2.1.A above shall be updated quarterly to reflect changes adopted by ordinance of the City Council. D. Should the Official Zoning Map be lost, destroyed or damaged, the Planning Department may have a new map drawn. No further authorization or action is required so long as no district boundaries are changed in this process. E. Reproductions for information purposes may, from time to time, be made of the Official Zoning Map. This map is available to the public. Sec. 21.2.2 District Boundary Interpretation A. The boundaries of zoning districts are indicated upon the Official Zoning Map of the City. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: 1. Boundaries indicated as following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as following platted lot lines shall be construed as following such lot lines. Article 2 – Official Maps Schertz Unified Development Code 2-2 3. Boundaries indicated as following City limits shall be construed as following such City limits. 4. Boundaries indicated as following shorelines of creeks shall be construed to follow such shorelines; and in the event of their movement, the boundaries shall be construed as moving with the actual shoreline. Boundaries indicated as following the centerlines of streams, rivers, canals, lakes or other bodies of water should be construed to follow such centerlines. 5. Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line. 6. In unsubdivided property, the zoning district boundary lines on the Official Zoning Map shall be determined by use of the scale appearing on the map. 7. In case of a zoning district boundary line dividing a property into two parts, the property will remain divided until the property owner, city, firm or corporation petitions the City Council for rezoning. 8. Whenever Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. End of Article 2 Article 3 – Boards and Commissions Schertz Unified Development Code 3-1 3.Article 3 Boards and Commissions Sec. 21.3.1 General Provisions A. Source of Authority Authority under this UDC shall be vested in and delegated to the officials and decisionmakers designated in this Article 3, under the City's Charter, the Constitution and other laws of the State and the City Code. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision-makers. The omission of a citation in this UDC to any authority conferred upon the officials and decision-makers under the City's Charter, the Constitution or other laws of the State or the City Code shall not be construed as limiting the actions of such officials and decision-makers taken in accordance with and in reliance upon such authority. B. Implied Authority The officials and decision-makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by this UDC to the extent the implied authority is not in conflict with the expressly delegated authority. C. Limitation on Authority 1. City Policy. It is the policy of the City that the standards and procedures applicable to development of property within the City limits and within the City’s ETJ are as stated in this UDC, notwithstanding any representation by any City official summarizing, paraphrasing or otherwise interpreting such standards to the contrary, whether generally or as applied to development of specific property. 2. Representations Concerning Future Action on Petition or Application. No City official, whether an employee of the City or a member of an appointed Board or Commission, or a member of the City Council, shall have the authority to make representations to a property owner concerning the likelihood of an outcome of that official’s decision or the decision of an appointed Board or Commission or the City Council, on any development application or petition that has yet to be filed or is pending before the the City for decision. An official may, however, upon request of a person, convey information concerning that official’s position on a pending application in accordance with procedures established in this section. No person is entitled to rely upon any representation made by an official in contravention of this section, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this section. 3. Representations Concerning Future Amendments. No City official, whether an employee of the City or a member of an appointed Board or Commission, or a member of the City Council, shall have the authority to make binding representations to any person concerning the likelihood that a change in any legislative classification or a change in the text of this UDC as applied to a specific tract of land will be granted, or that an existing legislative classification or text provision will remain in effect, or that any petition for relief will be granted. No person is entitled to rely upon any representation made by an official in contravention of this section, and each and Article 3 – Boards and Commissions Schertz Unified Development Code 3-2 every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this section. 4. Effect of Development Standards on Liability Claims. The City’s approval of a development application under the standards and procedures of this UDC does not guarantee or assure that development of the property in accordance with the standards will prevent, minimize or mitigate harm to adjoining property. A person who undertakes development activities shall not rely on the City’s approval of a development application as ensuring that the development activities will not result in harm to adjoining property. The regulations contained in this UDC constitute an exercise of the City’s governmental authority, and approval of a development application shall not give rise to any liability on the part of the City or its officers, agents and employees, nor will an approval release the applicant from any liability for harm arising out of development of the property under applicable law. 5. No Waivers. Except as expressly provided for in this UDC, no official, Board or Commission of the City, or the City Council, shall have authority to waive any requirement or standard for a development application except as specifically authorized in this UDC. Any attempted waiver of a requirement or standard for a development application in contravention of this section shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approval, or reconsideration of a legislative decision. D. Conflict in Authority 1. Internal Inconsistency. Whenever one or more provisions of this UDC are in apparent conflict, the provisions shall be construed, if possible, so that effect is given to each. If the conflict is between a general provision and a specific provision, and the conflict is irreconcilable, the specific provision shall prevail as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision should prevail. 2. Incomplete Provisions. Whenever a specific standard or procedure of this UDC is incomplete when applied in isolation to a development application or development activity, such standard shall be supplemented by any general or specific provision of this UDC, the City Code, or the City Charter in order to give effect to the incomplete provision. Sec. 21.3.2 City Council A. Authority Granted The City Council, as the governing body of the City, shall have such powers and authority as granted by State law applicable to home rule cities, the Charter of the City and the Code of Ordinances, to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. B. Duties and Approval Authority In addition to other rights of approval, the City Council shall have final approval authority on the following applications: Article 3 – Boards and Commissions Schertz Unified Development Code 3-3 1. An application for amendment to the text or maps within the Comprehensive Land Plan; 2. An application for amendment to the text of this UDC; 3. An application for annexation; 4. An application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; 5. An application for Historic Landmark or District Designation; 6. An application for approval of a conceptual plan as part of a Planned Development District; 7. An application for a Specific Use Permit; 8. An application for approval of a development agreement within the City’s corporate boundaries and in the City’s ETJ; 9. An application to extend City utilities to land located in the City’s ETJ; and 10. An appeal of the decision of any City Board, Commission or City staff except as expressly provided for in this UDC. Sec. 21.3.3 Planning and Zoning Commission A. Authority Granted The Planning and Zoning Commission shall have such powers and authority as granted by State law, the Charter of the City, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. B. Structure of the Commission and Operational Procedures There shall be established a Planning and Zoning Commission as described in the Charter of the City. Members of the Planning and Zoning Commission shall be appointed by the City Council. The Planning and Zoning Commission may adopt rules to govern its proceedings provided, however that such rules are not inconsistent with this Chapter or State law. Meetings of the Planning and Zoning Commission may be held at the call of the Chairperson or at such other times as the Planning and Zoning Commission may determine and in accordance with the Open Meetings Act. C. Duties and Approval Authority 1. The Planning and Zoning Commission shall have the authority to review and make a recommendation to the City Council on the following applications: a. An application for amendment to the text or maps in the Comprehensive Land Plan; b. An application for amendment to the text of this UDC; c. An application for a development agreement as set forth in the LGC and this UDC; d. An application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; and e. An application for approval of a rezoning request including an application for a Specific Use Permit. Article 3 – Boards and Commissions Schertz Unified Development Code 3-4 2. The Planning and Zoning Commission shall have final approval authority on the following applications: a. An application for a preliminary plat; b. An application for a final plat; c. An application for an amending plat; d. An application for a minor plat; e. An application for a replat; f. An application for a Site Plan; and g. Variances relating to Subdivisions, and Transportation. See sections 21.12, 21.13, and 21.14, respectively. 3. The Planning and Zoning Commission shall keep accurate minutes of each meeting which shall be maintained within the office of the City Secretary. Sec. 21.3.4 Board of Adjustment A. Authority Granted The Board of Adjustment (BOA) shall have such powers and authority as granted by State law, the Charter of the City, the City Code, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. B. Structure of the BOA 1. Composition and Term The BOA shall consist of five (5) members who shall be appointed by the City Council. Each member of the BOA shall be appointed for a term of two (2) years. All cases before the BOA must be heard by at least four (4) of the five (5) members of the BOA. The City Council may provide for the appointment of alternate BOA members to serve in the absence of one or more regular members. Alternate members shall be appointed for the same period of time as a regular member. 2. Removal of BOA Members The City Council may remove a BOA member for cause, as found by the City Council, on a written charge after a public hearing. Such causes may include three (3) consecutive unexcused absences from regularly called meetings. A vacancy on the BOA shall be filled by appointment by the City Council for the unexpired term. 3. Officers of the BOA The BOA members shall elect a Chairperson, Vice-Chairperson, Secretary and other officers they deem necessary. The Chairperson and Vice-Chairperson shall be elected from the membership of the BOA. The Secretary and such other officers may be selected either from the BOA’s membership or from City staff representatives assigned to work with the BOA. 4. Rules and Meetings The BOA, by majority vote, shall adopt rules to govern its proceedings. All meetings of the BOA shall be conducted in accordance with the Open Meetings Act. Meetings of the BOA shall be held at the call of the Chair and at other times as determined by the BOA. Article 3 – Boards and Commissions Schertz Unified Development Code 3-5 5. Minutes The BOA shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The BOA shall keep records of its examinations and other official actions. The minutes and records of the BOA shall be filed in the office of the City Secretary. The minutes of the BOA shall be filed in the official records of the City immediately after approval of said minutes. 6. Vote Required for Decisions In exercising its authority under section 21.3.4.C below, the BOA may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the BOA has the same authority as the administrative official. The concurring vote of four (4) of the five (5) members of the BOA is necessary to: h. Reverse an order, requirement, decision or determination of an administrative official; i. Decide in favor of an applicant on a matter on which the BOA is required to pass under this Code; or j. Authorize a variation from the terms of a zoning regulation. C. Duties and Approval Authority The BOA shall have the following duties: 1. To hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this UDC or an ordinance adopted under this UDC. 2. To hear and decide special exceptions to the terms of this UDC when the UDC requires the BOA to do so. 3. To authorize, in specific cases, a variance from the zoning regulations of this UDC if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. A variance shall not be granted to to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the BOA must determine the following: a. The requested variance does not violate the intent of this UDC or its amendments; b. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; c. The hardship is in no way the result of the applicant’s own actions; or d. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. 4. To hear and decide other matters as authorized by the City Council and deemed necessary in pursuit of the spirit and intent of this UDC. Article 3 – Boards and Commissions Schertz Unified Development Code 3-6 5. Permit the reconstruction, extension or enlargement of a building occupied by nonconforming uses, on a lot or tract occupied by such building, provided such reconstruction, extension or enlargement does not prevent the return of such property to a conforming use. 6. Permit the extension of or enlargement of a building occupied by a nonconforming use, under such conditions as the BOA may deem necessary in order to protect other properties in the neighborhood, provided such extension or enlargement: a. Does not prevent the return of such property to a conforming use; b. Does not exceed 25% of the ground area of the existing building; c. Will not prevent compliance with applicable side yard requirements; and d. Does not allow such building to be used for any use which would normally be restricted to a more restrictive classification. 7. Require the discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this UDC. All actions to discontinue a non-conforming use of land or structure shall be taken with due regard for the property rights of the persons affected when considered in light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The BOA may, from time to time, on its own motion, or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the City. D. Appeals 1. Procedure As granted under LGC section 211.010, appeals of a decision of an administrative official of the City may be taken to and before the BOA by any person aggrieved by the decision, or by any officer, department, or board of the City. Such appeal must be filed with the BOA and shall include written notice of the appeal and specify the grounds for the appeal. The appeal must be filed within the time period determined by the rules of the BOA. On receiving the notice, the office of the BOA shall immediately transmit to the BOA all papers constituting the record of the action that is appealed. 2. Stay of Proceedings An appeal shall stay all proceedings in furtherance of the action that is appealed unless the office of the BOA certifies in writing to the BOA facts supporting the administrative official’s opinion that a stay would cause imminent peril to life or property, in which case, the proceedings may be stayed only by an appropriate court. 3. Hearings of Appeals The BOA shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The BOA shall decide the appeal within a reasonable time. E. Appeals of BOA Decisions 1. Procedure As granted under LGC section 211.011, any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, or board of the City may present to an appropriate court a verified petition stating that the decision of the Article 3 – Boards and Commissions Schertz Unified Development Code 3-7 BOA is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the BOA. 2. Writ of Certiorari Upon the presentation of the petition, the court may grant a writ of certiorari directed to the BOA to review the BOA’s decision. The writ must indicate the time by which the BOA’s return must be made and served on the petitioner’s attorney, which must be after ten (10) days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the BOA, the court may grant a restraining order if due cause is shown. 3. Return of Certified Copies The BOA’s return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The BOA is not required to return the original documents on which the BOA acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. 4. Hearing and Testimony If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee’s findings of fact and conclusions of law. The referee’s report constitutes a part of the proceedings on which the court shall make its decision. 5. Decision of the Court The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the BOA unless the court determines that the BOA acted arbitrarily, capriciously, discriminatorily, with gross negligence, in bad faith, or with malice in making its decision. Sec. 21.3.5 Administrative Authority A. Authority Granted The City Manager or his/her designees shall have such powers and authority as granted by State law, the Charter of the City, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein. B. Administrative Structure The City Manager is designated as the chief administrative official of the City. The City Manager, at his/her discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. C. Duties and Approval Authority 1. The Director of Development Services shall have the authority to review and make a recommendation to the City Manager on the following applications: a. An application for amendment to the text or maps in the Comprehensive Land Plan; Article 3 – Boards and Commissions Schertz Unified Development Code 3-8 b. An application for amendment to the text of this UDC; c. An application for annexation; d. An application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; e. An application for Historic Landmark or District Designation; f. An application for approval of a conceptual plan as part of a Planned Development District; g. An application for a Specific Use Permit; h. An application for approval of a development agreement within the City’s corporate boundaries and in the City’s ETJ; i. An application to extend City utilities to land located in the City’s ETJ; j. An appeal of the decision of any City Board, Commission or staff as authorized by this UDC; k. An application for a Subdivision Master Plan; l. An application for a preliminary plat; m. An application for a final plat; n. An application for an amending plat; o. An application for a minor plat; p. An application for a replat; q. An application for a Site Plan; and r. An application for a variance, special exception, appeal or other application to be considered by the BOA. 2. The Director of Development Services shall have final approval authority on the following applications: a. An application for a minor plat, as authorized by this UDC and LGC Section 212.0065; b. An application for an Amending Plat, as authorized by this UDC, and LGC 212.0065; and, c. Other applications as authorized by this UDC. 3. A record of any action taken with respect to final approval of a development application shall be provided to the appropriate Board, Commission or City Council for review. Sec. 21.3.6 Other Boards and Commissions A. Parks and Recreation Advisory Board 1. Authority Granted A Parks and Recreation Advisory Board (Parks Board) has been created by resolution of the City Council. The Parks Board shall have such powers and authority as granted by the resolution establishing the Parks Board, by State law, the Charter of the City, the Code of Ordinances, and this UDC to initiate, undertake, and make recommendations on any matters pertaining to the regulation of the use and development of parks and recreation areas in the City. Article 3 – Boards and Commissions Schertz Unified Development Code 3-9 2. Structure of the Parks Board The structure of the Parks Board shall be as established in the resolution establishing the Parks Board. The Parks Board shall be comprised of trustees appointed by the City Council as granted by LGC section 306.012. 3. Duties and Approval Authority The Parks Board shall serve as an advisory board to the City Council and may review and make recommendations on the following matters: a. Suitability of parkland dedication, including fee-in-lieu of consideration; b. Parks and recreation improvements and amenities included with any parkland dedication; and c. Creation, amendment or updates to the Parks and Open Space Master Plan of the City. B. Historic Preservation Commission 1. Authority Granted A Historic Preservation Commission (Historic Commission) has been created by ordinance of the City Council. The Historic Commission shall have such powers and authority as granted by the ordinance establishing the Historic Commission, by State law, the Charter of the City, the City Code, and this UDC to initiate, undertake, and make recommendations on any matters pertaining to the regulation of and the use of areas or buildings and structures of historic significance in the City. Authority for designation is granted by LGC section 214.00111. 2. Structure of the Historic Commission The structure of the Historic Commission shall be as established in the ordinance establishing the Historic Commission or by any rules and regulations adopted by the Historic Commission relating to the structure and function thereof. 3. Duties and Approval Authority The Historic Commission shall have those duties and approval authorities as granted by the ordinance establishing the Historic Commission. C. Traffic Safety Advisory Commission 1. Authority Granted The Traffic Safety Advisory Commission (TSAC) has been created by ordinance of the City Council. The TSAC shall have such powers and authority as granted by the ordinance establishing the TSAC. 2. Structure of the TSAC The structure of the TSAC shall be as established in the ordinance establishing the TSAC, by the by-laws of the TSAC or by any other rules and regulations adopted by the TSAC relating to the structure and function thereof. 3. Duties and Approval Authority The TSAC shall serve as an advisory commission to the City Council and is established to investigate safety issues and make recommendations with respect to City roadways and to improve the City’s quality of life through a citizen/government partnership that promotes safe and secure roads, which provide convenience, recreational and leisure activities and continued beautification of the City. The duties of the TSAC are Article 3 – Boards and Commissions Schertz Unified Development Code 3-10 established within the by-laws adopted by the TSAC and may include, but are not limited to, the following duties: a. Coordinate and communicate with the various Boards, Commissions and the City Council on all matters related to transportation and traffic safety; b. Develop safety materials to be used for promotional activities; c. Develop research materials needed for promotion of transportation and traffic safety; d. Develop a transportation and traffic safety plan for the City; e. Review all existing and proposed transportation and traffic ordinances and make recommendations to the City Council; f. Develop and sponsor transportation and traffic safety courses for the citizens of the City; and g. Participate in fact finding trips, conferences, and seminars related to transportation and traffic safety. End of Article 3 Article 4 – Procedures and Applications Schertz Unified Development Code 4-1 4.Article 4 Procedures and Applications Sec. 21.4.1 Purpose and Intent The purpose of this Article is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City of Schertz. Sec. 21.4.2 Initiation of Application A. Application Submittal All development applications to be considered by any Board or Commission or by the City Council shall be initiated by the filing of the application by the owner of the property on which the permit is applicable or by the owner’s designated agent. In the event an application is submitted by a designated agent, the application must be accompanied by a written statement, signed by the owner, authorizing the agent to file the application on the owner’s behalf. B. Determination of Application Completeness 1. All development applications shall be subject to a determination of completeness by the director of the appropriate City department. 2. No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this UDC. For a determination of completeness to be issued, an application must include the following: a. Payment of the appropriate fee; b. An accurate metes and bounds description of the subject property (or other suitable legal description, identifying the property as a lot of record); c. A survey exhibit and other appropriate exhibits as identified in this Article for the individual permit; and d. Any additional documents, forms or other materials required by the Director of Development Services or identified in this UDC for the processing of a specific development application. 3. The director of the appropriate City department may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this Code. 4. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Code. 5. Not later than the tenth (10th) business day after the date an application is submitted, the director of the appropriate City department shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this UDC for the type of permit being requested or other requirements have been submitted. A determination that the application is incomplete shall be mailed to the applicant within such time period by United States Mail at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information are not submitted within 45 days after the date the application was submitted. Article 4 – Procedures and Applications Schertz Unified Development Code 4-2 6. An application filed on or after the effective date of this amended and restated UDC shall be deemed complete on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided in paragraph 5 above. 7. The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. However, this application may be denied for incompleteness win the 45 day period. 8. A development application shall be deemed to expire on the 45th day after the application is submitted to the Director of Development Services for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this UDC or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application must be submitted. 9. No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied. C. Application Withdrawal Any request for withdrawal of an application must be submitted in writing to the director of the appropriate City department. If notification is required for the application and has been properly given via publication in the newspaper and/or written notification to surrounding property owners, such application must be placed on the agenda. The staff representative shall notify the Board, Commission or City Council of the request for withdrawal. The Board, Commission or Council may, at its discretion, accept the request for withdrawal of the application by general consent of the members. Application fees are not refundable unless reimbursement is otherwise authorized by the director of the appropriate City department. Sec. 21.4.3 Notice Requirements A. Published Notice Whenever published notice of a public hearing before a Board, Commission or the City Council is required, the City Manager or his/her designee shall cause notice to be published in an official newspaper or a newspaper of general circulation in the City before the 15th day before the date set for the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.006(a). B. Written Notice Whenever written notice of a public hearing before a Board, Commission or the City Council is required, before the 10th day before the hearing date, the City Manager or his/her designee shall cause written notice to be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the exterior boundary of the property in question. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.007(c). The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property in question is located in territory within the City and is not included on the most recently approved municipal tax roll, notice to such owners shall be given by one publication in an official newspaper or a newspaper of general Article 4 – Procedures and Applications Schertz Unified Development Code 4-3 circulation in the municipality at least 15 days before the date of the hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken. Sec. 21.4.4 Public Hearings A. Public Hearing Required Whenever a public hearing is required, the City Manager or his/her designee shall establish the date, time and place of the public hearing and shall cause any notice required under section 21.4.3 of this Article to be prepared and made accordingly. B. Conduct of Hearing Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his or her name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record. Subject to the chairperson’s inherent authority to conduct meetings, public hearings shall generally be conducted as follows: 1. The City staff may present a description of the proposed project and a written or oral recommendation, if required. Any written recommendation shall be available to the public at the time that the agenda packet for the body conducting the hearing is compiled. 2. The applicant may present any information it deems appropriate. 3. Testimony in support of the application may be presented by any individual who expresses an interest in the proposed project. 4. Testimony in opposition to the application may be presented by any individual who expresses an interest in the proposed project. 5. At the discretion of the chairperson, the City staff and the applicant may respond to any statement by the public. 6. The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. 7. At the sole discretion of the chairperson of the body conducting the hearing, an individual may be permitted to pose relevant questions to staff, the applicant or the body conducting the hearing, as directed by the chairperson. 8. Closure of the Public Hearing. 9. The advisory body (i.e. Board, Commission) shall make a recommendation. 10. The advisory body (i.e. Board, Commission) shall prepare a written report with its recommendations to the City Council. C. Continuance of Hearing The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. Except as required by the Texas Open Meetings Act or other applicable law, no notice shall be required if a hearing is continued. If a public hearing is closed, no further public testimony shall be taken. D. Additional Rules Article 4 – Procedures and Applications Schertz Unified Development Code 4-4 The body conducting the hearing may adopt additional rules of procedure and may apply such additional rules to govern the public hearing which are not inconsistent with this section. E. Joint Public Hearing. Unless otherwise prescribed in this UDC, whenever an application must be preceded by a public hearing both before an advisory body (i.e. Board and/or Commission) and before the City Council, the advisory body and the Council may conduct a joint public hearing and take action on the application in the following manner: 1. The City Council shall establish the date of the joint public hearing by motion at a regular or special meeting. 2. The City Council shall cause notice of the joint public hearing to be provided as required by this Code and the Texas Open Meetings Act and, by a vote of two-thirds of its members, may prescribe the type of notice for the joint public hearing. 3. The advisory body (i.e. Board and/or Commission) and the City Council shall be convened for the hearing and for any action to be taken on the petition or application. 4. The advisory body (i.e. Board and/or Commission) and the City Council may take action on the application at the same meeting, provided that the City Council shall not take action until the written report and recommendation of the advisory body (i.e. Board and/or Commission) has been received. Sec. 21.4.5 Post-Decision Procedures A. Notification Required Within ten (10) business days following final action on any development application, the appropriate City Department shall provide written notification to the applicant of the decision of the Board, Commission or City Council considering the request. If an application has been denied, the notification should include the reasons for denial as well as any information relating to reapplication procedures for the appropriate application. B. Reapplication Following Denial Whenever any development application, with the exception of any plat application, is denied, a development application for all or a part of the same property shall not be accepted for filing for a period of six (6) months after the date of denial unless the subsequent application involves a proposal that is substantially different from the previously denied proposal. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The Director of Development Services shall resolve any questions concerning the similarity of the reapplication. The final decision-maker may, at its option, waive the six (6) month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new new information pertaining to the request is discovered. C. Amendments and Revisions to Approved Application Unless otherwise expressly provided by this UDC, any request to amend or revise an approved development application shall be considered a new application, which must be Article 4 – Procedures and Applications Schertz Unified Development Code 4-5 decided in accordance with the procedures governing the original application and the standards in effect at the time such new application is filed with the City. D. Amendments Required Whenever a subsequent development application differs substantially from a previously approved development application to which the subsequent application must conform, the applicant shall submit an amended development application for the initial development application, which shall be decided prior to the subsequent application. The applicant's failure to comply with this section shall result in denial of the subsequent application Sec. 21.4.6 Comprehensive Land Plan Amendment A. Applicability The Comprehensive Land Plan of the City reflects the long-term plan for growth and development of the City. The City Council may, from time to time, on its own motion, by request of the City Manager or the Director of Development Services 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, Thoroughfare Master 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 an application prepared in accordance with the Planning Department Development Manual. 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 Director of Development Services shall review the application for completeness in accordance with section 21.4.2 of this Article. The Director of Development Services may, at its option, request a recommendation from any other City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements Article 4 – Procedures and Applications Schertz Unified Development Code 4-6 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; 2. An amendment to the text is consistent with other policies of the Comprehensive Land Plan, taking into account the nature of any proposed map amendment associated with the text amendment; 3. An amendment to the Future Land Use Map, Thoroughfare Master Plan or any other applicable maps contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land Plan that apply to the map being amended, taking into account the nature of any proposed land use associated with the map amendment; 4. Any proposed amendment is consistent with the goals and objectives of the Comprehensive Land Plan; 5. Any proposed amendment addresses circumstances that have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and 6. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council, are deemed relevant and important in the consideration of the amendment. Sec. 21.4.7 Unified Development Code Text 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 the Director of Development Services, amend, supplement, change, modify or repeal the text of any portion of this UDC in order to establish and maintain Article 4 – Procedures and Applications Schertz Unified Development Code 4-7 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 an application prepared in accordance with Appendix 1, Development Manual. C. Processing of Application and Decision 1. Submittal An application for an amendment to the text of this UDC shall be submitted to the Director of Development Services. The Director of Development Services 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 Director of Development Services 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 Sec. 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 written recommendation, and the City Council, in considering final action on an amendment to the text of this UDC, should consider the following criteria: 1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City. 2. An amendment to the text is consistent with other policies of this UDC and the City. 3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City. 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. Article 4 – Procedures and Applications Schertz Unified Development Code 4-8 Sec. 21.4.8 Annexation A. Applicability Annexation may be voluntary or involuntary and shall be required to meet all requirements of the LGC for each type of annexation. The provisions of this section apply to any request for voluntary annexation by a property owner wishing to extend the corporate limits of the City to incorporate property adjacent to the City’s existing municipal boundaries. B. Application Requirements 1. Application Required A request for annexation shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. 2. Accompanying Applications Any request for annexation shall be accompanied by an application to establish the initial zoning on the property. An application to establish the zoning may be considered at the same meeting as the annexation request so long as the ordinance providing for annexation is acted on prior to any action on the zoning request. In the event that an application for annexation is considered concurrently with the application for zoning, the Planning and Zoning Commission may consider the zoning request and provide a written recommendation to the City Council so long as the City Council has acted on the annexation ordinance. C. Processing of Application and Decision 1. Submittal An application for annexation shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2 of this Article. The Director of Development Services may, at its option, request a recommendation from any other City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a written recommendation to the City Council for consideration. 2. Development Agreement Agreement The Director of Development Services shall comply with the approval. The City Council shall comply with LGC section 43.035. 3. Notification Requirements The Director of Development Services shall provide notification in accordance with LGC section 43.062. 4. Service Plan Required The Director of Development Services shall prepare an annexation service plan in accordance with LGC section 43.056. 5. Decision by City Council The City Council shall hold two (2) public hearings in accordance with LGC section 43.063 and shall take final action as required in LGC. Article 4 – Procedures and Applications Schertz Unified Development Code 4-9 6. Other Procedures Applicable A request for annexation is subject to all applicable rules and procedures required by State Law. In the event of a conflict between the requirements of this UDC and State law, the requirements of State law shall apply. D. Criteria for Approval When considering a request for voluntary annexation, the City Council should consider the following criteria: 1. The application is consistent with the requirements of State law and this UDC; 2. The annexation promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. The property owners and residents of the area consent to the annexation; 4. The application includes a service plan as required by section 21.4.8.C.4 above; 5. The annexation is consistent with the goals and objectives of the Comprehensive Land Plan; and 6. Other criteria which, at the discretion of the Planning and Zoning Zoning Commission and City Council, are deemed relevant and important in the consideration of the amendment. Sec. 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts and Certificates of Appropriateness A. Applicability The purpose of this section is to recognize and encourage the preservation of those areas or specific buildings or structures of historical significance to the City. This section allows for the designation of historic landmarks, the creation of historic districts and the requirements for certificates of appropriateness. The City has, by ordinance, established a Historic Preservation Commission which is granted those powers authorized by the ordinance establishing the Commission, by State law or by any other ordinance or law of the City. B. Application Requirements Any request for the designation of a historic landmark, the creation of a historic district or a certificate of appropriateness shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. C. Processing of Application and Decision 1. Submittal All applications under this section shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at his/her option, request a recommendation from any other City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a written recommendation on the application. 2. Approval Procedures Article 4 – Procedures and Applications Schertz Unified Development Code 4-10 The procedure for the designation of a historic landmark, the creation of a historic district or a certificate of appropriateness shall be in accordance with the procedures established in the ordinance creating the Historic Preservation Commission. Sec. 21.4.10 Development Agreements A. Applicability The purpose of a Development Agreement is to determine whether the City wishes to authorize a plan of development for land located within its ETJ, to prescribe land uses, environmental standards, development standards and public facilities standards governing development of the land for the term of the agreement, to provide for the delivery of public facilities to the property and to provide for annexation of the property to the City. A Development Agreement may be approved for land located in the ETJ of the City in accordance with LGC section 212.172. B. Application Requirements 1. Application Required Any application for a Development Agreement shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. 2. Accompanying Applications An application for a Development Agreement shall be accompanied by a Preliminary Plat prepared in accordance with section 21.12.7 of this UDC. Approval of a Preliminary Plat as part of a Development Agreement shall meet the requirements for Preliminary Plat approval under section 21.12.7. C. Processing of Application and Decision 3. Submittal An application for a Development Agreement shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. 4. Preparation and Negotiation of Agreement An application for a Development Agreement shall be prepared in accordance with LGC section 212.172. After review by the City staff, the application and accompanying plans shall be transmitted to the office of the City Attorney for review. After appropriate review by all parties, a recommendation shall be forwarded to the Planning and Zoning Commission for review and recommendation. The City Council shall have the final authority for approval of a Development Agreement. 5. Commission Recommendation The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed Development Agreement to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the agreement. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 30 calendar days from 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. Article 4 – Procedures and Applications Schertz Unified Development Code 4-11 6. Decision by City Council The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed Development Agreement and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the agreement. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 30 calendar days from the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. If the Council approves the Development Agreement, it shall approve the agreement by ordinance that authorizes the City Manager to execute the agreement on behalf of the City following execution by the property owner. Unless otherwise specified within the ordinance, the property owner shall accept the Development Agreement and accompanying Preliminary Plat within ten (10) working days of the date the ordinance is adopted. If not executed by the property owner within such period, the Council’s approval shall be deemed void. 7. Recording Agreement The approved Development Agreement shall be recorded in the real property records of each county in which land subject to the agreement is located. Sec. 21.4.11 Utility Service Extension A. Applicability A request for approval of a utility extension shall be required where a property owner seeks water or wastewater services from the City for a proposed project that will be located within the City’s ETJ at the time of the proposed extension and subsequent development. Approval of a request for a utility extension authorizes the City to annex the property, and authorizes the property owner to submit development applications consistent with the capacity of the facilities to be extended, and upon approval of the applications, to to construct extensions of the facilities in accordance with the terms of the approved utility service extension request. B. Application Requirements 1. Application Required Any application for Utility Service Extension shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. 2. Accompanying Applications a. An application for Utility Service Extension shall be accompanied by a request for voluntary annexation. The City may, at its option, elect to annex the property upon request or may delay the annexation until such time the City deems necessary to promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City. b. An application for Utility Service Extension may be accompanied by an application for a Subdivision Master Plan prepared in accordance with section 21.12.5. A Subdivision Master Plan may not be approved until final approval of the Utility Service Extension by the City Council. C. Processing of Application and Decision 1. Submittal Article 4 – Procedures and Applications Schertz Unified Development Code 4-12 A request for Utility Service Extension shall be submitted to the City Engineer. The City Engineer shall review the application for completeness in accordance with section 21.4.2. 2. Review and Processing of Request The City Engineer shall circulate the application among applicable City Departments for review and recommendation. The City Engineer shall evaluate the request for consistency with the approval criteria and shall prepare a written recommendation to be forwarded to the City Council. The recommendation should include any comments received from other departments including, but not limited to, an analysis of the financial feasibility of extending services and any fiscal impacts on existing utilities from the extension. 3. Decision by City Council The City Council shall receive the written recommendation of the City Engineer and shall decide whether to approve, approve with conditions, or deny the request for Utility Service Extension. D. Criteria for Approval The City Council, in considering final action on a request for Utility Service Extension, should consider the following criteria: 1. Whether the proposed development to be served by the extension is consistent with the Comprehensive Land Plan; 2. Whether the extension is proposed to be constructed in accordance with all applicable City ordinances, regulations and standards; 3. Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of-way, into the City; 4. Whether the utility extension would compromise the City's ability to timely provide adequate water or wastewater facilities to property inside the City; 5. Whether the utility extension will lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities; 6. Whether the utility extension is financially feasible given the proposed means of financing the extension; 7. Whether the utility extension will lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of the property owner’s land, or development of other land that may be served through the extended facilities; 8. Whether the property owner proposes to extend wastewater facilities without utilizing City water facilities; and 9. The extent to which the proposed agreement promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City. Sec. 21.4.12 Variances A. Applicability 1. The BOA shall have the ability to authorize, in specific cases, a variance from the zoning regulations of this UDC if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, so that the spirit of this UDC is observed and substantial justice Article 4 – Procedures and Applications Schertz Unified Development Code 4-13 is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. 2. Approval of a variance authorizes a property owner to submit subsequent development applications consistent with the approved variance. B. Application Requirements Any request for a variance shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. C. Processing of Application and Decision 1. Submittal An application for a variance shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at its option, request a recommendation from any any other appropriate City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a written recommendation to the BOA for consideration. 2. Notification Requirements An application for a variance requires the following notification in accordance with section 21.4.3: a. Written notice; and b. Published notice. 3. Decision by the BOA The BOA shall receive the recommendation of the Director of Development Services and shall hold a public hearing in accordance with section 21.4.4. The Board may vote to approve, approve with conditions, or deny the variance. The Board may, on its own motion or by request of the property owner, postpone consideration of the variance to a certain date that is not more than 30 calendar days from the date of the current consideration in order to review additional information or or modifications which may have a direct bearing on the final decision. D. Criteria for Approval In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; 3. The hardship is in no way the result of the applicant’s own actions; and 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. E. Appeals of BOA Decisions Article 4 – Procedures and Applications Schertz Unified Development Code 4-14 Any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, board of the City may appeal a decision of the BOA regarding any variance request in accordance with section 21.3.4 of this UDC. Sec. 21.4.13 Special Exceptions A. Applicability 1. The BOA shall have the ability to authorize a modification of zoning standards applicable to particular types of development within any zoning district which is consistent with the overall intent of the zoning ordinance and for which express standards are prescribed, but that requires additional review to determine whether the development with the modification is compatible with adjoining land uses and the character of the neighborhood in which the development is proposed. An application for a special exception may be filed for only those modifications identified in this UDC. 2. Approval of a Special Exception authorizes a property owner to submit subsequent development applications consistent with the approved exception. B. Application Requirements Any request for a Special Exception shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. C. Processing of Application and Decision 1. Submittal An application for a Special Exception shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at its option, request a recommendation from any other appropriate City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a written recommendation to the BOA for consideration. 2. Notification Requirements An application for a Special Exception requires the following notification in accordance with section 21.4.3: a. Written notice; and b. Published notice. 3. Decision by the Board The BOA shall receive the written recommendation of the Director of Development Services and shall hold a public hearing in accordance with section 21.4.4. The Board may vote to approve, approve with conditions, or deny the Special Exception. The Board may, on its own motion or by request of the property owner, postpone consideration of the special exception to a certain date that is not more than 30 calendar days from 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 Article 4 – Procedures and Applications Schertz Unified Development Code 4-15 To approve an application for a Special Exception, the BOA must determine that the following criteria are met: 1. That granting the Special Exception serves an obvious and necessary purpose. 2. That granting the Special Exception will ensure an equal or better level of land use compatibility than the otherwise applicable standards. 3. That granting the Special Exception will not materially or adversely affect adjacent land uses or the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks or other land use considerations. 4. That granting the Special Exception will not adversely affect adjoining property values in any material way. 5. That granting the Special Exception will be generally consistent with the purposes and intent of this UDC. E. Appeals of Board Decisions Any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, board of the City may appeal a decision of the BOA regarding any Special Exception request in accordance with section 21.3.4 of this UDC. Sec. 21.4.14 Appeals A. Purpose and Applicability The purpose of an appeal is to contest an initial decision on a development application based upon alleged misapplication of the regulations contained within this UDC and the criteria for approval of the application. An appeal may not be used to amend, vary or otherwise modify the standards of this UDC that apply to the development application. Any decision on a development application required by this UDC may be appealed to the Board, Commission or City Council indicated within the procedures for each application. The granting of an appeal supersedes the decision from which the appeal was taken and results in approval, conditional approval or denial of the development application for which the approval was sought. B. Appeal Requirements Any person or persons aggrieved by any decision on a development application, or any marshal, officer, department, or board of the City may appeal a decision on a development application to the Board, Commission or City Council responsible for consideration of the appeal as indicated in this Code. An appeal shall contain a written statement of the reasons why the decision is erroneous, and shall be accompanied by a fee established by the City Council. An appeal by an applicant shall be accompanied by a copy of the development application on which the initial decision was rendered. An appeal may include any other documents that support the position of the appellant. A written appeal must be filed with the Director of Development Services within ten (10) working days from the date of notification of the decision on the development application. C. Processing of Appeal and Decision 1. Submittal An appeal shall be submitted to the Director of Development Services for processing of the development application being appealed. Upon receipt of a written appeal, the Article 4 – Procedures and Applications Schertz Unified Development Code 4-16 Director of Development Services shall compile all documents constituting the record of the decision subject to appeal and transmit the record to the Board, Commission or City Council responsible for considering the appeal. 2. Stay of Proceedings Receipt of a written appeal of a decision on a development application stays all proceedings of the City in furtherance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any subsequent development applications, and any development activities authorized by initial approval of the development application. The stay shall be lifted only if the Director of Development Services certifies in writing to the Board, Commission or City Council responsible for consideration of the appeal that a stay would cause imminent peril to life or property. Thereafter, the stay may be reinstated only by order of the Board, Commission or City Council responsible for consideration of the appeal or a court of record, on application, after notice to the Director of Development Services, for due cause shown. 3. Notification Requirements An appeal requires the following notification in accordance with section 21.4.3: a. Written notice; and b. Published notice. 4. Decision on Appeal The Board, Commission or City Council responsible for consideration of the appeal shall hold a public hearing and decide the appeal within 30 days of written receipt of the request for the appeal. The Board, Commission, or City Council responsible for consideration of the appeal shall affirm, reverse or modify the decision from which the appeal was taken. 5. Notification of Decision on Appeal The property owner and the applicant for the development application under appeal shall be notified of the decision on the appeal in accordance with section 21.4.5. D. Criteria for Approval In deciding the appeal, the Board, Commission, or City Council responsible for consideration of the appeal shall apply the same criteria that govern the initial decision on the development application under the provisions of this Article. E. Expiration and Extension For purposes of determining expiration or extension periods under this Code, the date the Board, Commission or City Council responsible for consideration of the appeal grants relief on the appeal is the date on which the development application is deemed approved. Sec. 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements A. Applicability Every subdivision or development which requires the installation of public infrastructure improvements to serve the proposed subdivision or development is required to submit construction plans to ensure that the required improvements are constructed in accordance with all applicable standards of this UDC or any other codes of the City pertaining to the Article 4 – Procedures and Applications Schertz Unified Development Code 4-17 construction and installation of the improvements. All public infrastructure improvement construction plans shall be submitted and approved prior to an application for a final plat. B. Application Requirements Any request for an approval of construction plans shall be accompanied by an application prepared in accordance with the requirements of the Public Works Department. The Director of Public Works shall be responsible for determining the form and content of the construction plans. C. Processing of Application and Decision 1. Submittal An application for approval of construction plans shall be submitted to the Director of Public Works prior to or concurrently with an application for final plat. The Director of Public Works shall transmit the plans to the appropriate City Departments and consultants for review. The Director of Public Works shall provide written notification of any items requiring correction or attention within 30 days after submittal of a complete application. 2. Decision by the Director of Public Works The Director of Public Works shall be responsible for the final approval of any construction plans and may approve, approve with conditions, or deny said construction plans. Once the construction plans are approved, the property owner shall provide additional sets of the approved plans to the City, as required by the Director of Public Works, for use during construction. A full set of the City-approved and stamped construction plans must be available for inspection on the job site at all times. 3. Revisions to Construction Plans If the conditions of approval require revision(s) to the construction plans, one set shall be marked with objections noted (on the plans themselves and in memo format) and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and resubmit them for decision. A properly revised set of construction plans shall be submitted to the Director of Public Works. The Director shall approve or deny the revised set of plans. 4. Appeals Any person or persons aggrieved by any decision of the Director of Public Works, or any taxpayer or any officer, department, or board of the City may appeal the decision of the Director of Public Works to the City Council and shall be decided prior to action on a Final Plat. An appeal of the Director's decision must be accompanied by a written statement regarding the grounds for appeal and shall be certified and documented by a professional engineer licensed in the State of Texas. D. Criteria for Approval When considering final action on public infrastructure improvement construction plans, the Director of Public Works, or the City Council on appeal, should consider the following criteria: 1. The plans are consistent with the approved preliminary plat or the proposed final plat; 2. The plans conform to all applicable regulations pertaining to the construction and installation of public infrastructure improvements; and 3. The plans have been reviewed and approved by the City Engineer. Article 4 – Procedures and Applications Schertz Unified Development Code 4-18 E. Timing of Public Infrastructure Improvement Construction 1. Completion Prior to Final Plat Recordation Except as provided below, after approval of a preliminary plat and before an approved final plat is recorded, the installation of all public infrastructure improvements required to serve the subdivision, whether to be located off-site or on-site, including but not limited to water, wastewater, drainage, roadway and park improvements, shall be completed in accordance with the approved public infrastructure improvement construction plans. The installation of improvements required for proper drainage and prevention of soil erosion on individual residential lots, and improvements on any common areas shall also be completed prior to recordation of the final plat in accordance with the approved construction plans. 2. Installation after Final Plat Approval The property owner or applicant may request to defer the obligation to construct and install one or more public improvements to serve the subdivision until after final plat recordation. The request shall be submitted with an application for preliminary plat approval to provide fair notice of the intent of the developer. Deferral of the obligation to install public improvements shall be conditioned on execution of a subdivision improvement agreement and sufficient surety to secure the obligations defined in the agreement. 3. Off-Site Easements All necessary off site easements required for installation of off-site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by a deed approved by the City Attorney. F. Community Facilities Agreement 1. Obligations under Agreement. Whenever public improvements to serve the development are deferred until after recordation of the final plat, the property owner shall enter into a community facilities agreement by which the owner covenants to complete all required public improvements, including residential lot improvements for drainage or erosion control, and common area improvements, no later than two (2) years following the date upon which the final plat is approved. The agreement shall be subject to review and approval by the City Attorney and City Engineer, and shall be approved by the City Manager or his/her designee. The agreement shall contain the following provisions: a. Covenants to complete the improvements; b. Covenants to warranty the improvements for a period of two (2) years following acceptance by the City; c. Covenants to provide a maintenance bond in the amount of 125% of the costs of the improvements for such period; d. Provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor, with the City as a co-obligee; e. Provisions for securing the obligations of the agreement consistent with subsection G below; and f. Such other terms and conditions as are agreed to by the property owner and the City, or as may be required by this Code. 2. Covenants to Run with the Land. Article 4 – Procedures and Applications Schertz Unified Development Code 4-19 The community facilities agreement shall provide that the covenants contained in the agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing lienholders shall be required to execute the agreement or provide written consent to the covenants contained in the agreement. The City shall deliver a release to bona fide third party purchasers of individual lots when all required public improvements have been accepted by the City. G. Security for Completion of Improvements. 1. Security Whenever the obligation to install public improvements to serve a subdivision or development is deferred until after recordation of the final plat, the property owner shall provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of one of the following: a. A cash escrow with the City; b. A performance bond provided by a licensed surety company; c. A certificate of deposit issued by any financial institution which is insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation assigned to the City and providing for the City to withdraw the deposit if necessary to complete construction; or d. A trust agreement in a form approved by the City Attorney. 2. Amount and Acceptability The security shall be issued in the amount of 125% of the cost estimate approved by the City Engineer and Director of Public Works for all public improvements associated with the subdivision. The terms of the security agreement shall be subject to the approval of the City Attorney. 3. Building Permits No building permit shall be released until all public improvements within the development have been accepted by the City. 4. Remedies Where a community facilities agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may: a. Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; b. Obtain funds under the security and complete the improvements itself or through a third party; or c. Assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public improvements serving the tract. H. Inspection and Acceptance of Public Improvements 1. Inspections. Construction inspection shall be supervised by the Public Works Department. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be made by the Article 4 – Procedures and Applications Schertz Unified Development Code 4-20 subdivider’s engineer, and shall be subject to approval by the Director of Public Works and the City Engineer. If the Director finds upon inspection that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, the property owner shall be responsible for completing and/or correcting the public improvements. 2. Submission of As-Built Plans or Record Drawings. The City shall not accept dedication of required public improvements until the applicant's engineer has certified to the Director of Public Works, through submission of a detailed “as-built” record drawing or survey plat of the property and any off-site easements, the location, dimensions, materials, and other information establishing that the public improvements have been built in accordance with the approved construction plans. Each “as-built” sheet shall show all changes made in the plans during construction and on each sheet there shall be an as-built stamp bearing the signature of the engineer and date. “As-built” items required are as follows: a. One set of full size plans; b. Electronic (digital) copies of all plans in CAD .dxf or .dwg format and .pdf format; c. Design Engineer’s Certificate of Review; and d. Letter with guaranties and costs of all infrastructure being dedicated to the City to include information regarding: linear feet of streets, public drainage, sewer lines and water lines. 3. Acceptance of Improvements. When the Director of Public Works has determined that the public improvements have been installed in accordance with the approved construction plans, the Director shall accept such improvements on behalf of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. The Director of Public Works may accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all of the other improvements. Upon acceptance of the required public improvements, the Director shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed. 4. Disclaimer. Approval of a preliminary or final plat by the Planning and Zoning Commission shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the City except in accordance with this section. I. Maintenance and Warranty of Improvements 1. Maintenance During Construction. The developer shall maintain all required public improvements during construction of the development. 2. Bond. The developer or owner shall covenant to warranty the required public improvements for a period of one (1) year following acceptance by the City of all required public improvements and shall provide a maintenance bond in the amount of 125% of the costs of the improvements for such period. All improvements located within an easement or right-of-way shall be bonded. Article 4 – Procedures and Applications Schertz Unified Development Code 4-21 Sec. 21.4.16 Building Permits A. Applicability An application for a building permit is required within the City corporate limits, or where provided for in a development agreement, in the City's ETJ, prior to the placement, construction or alteration of a building or structure. Approval of an application for a building permit authorizes the property owner to construct, alter or place a structure on the lot, tract or parcel. Approval of an application for a building permit also authorizes the property owner, upon completion of a structure intended for human occupancy, to make application for a certificate of occupancy. B. Application Requirements Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the Building Inspections Division. The Building Official shall be responsible for determining the form and content of the building permit application. C. Processing of Application and Decision 1. Submittal An application for a building permit shall be submitted to the Building Inspections Division. The Building Official or his/her designee shall review the application for completeness in accordance with section 21.4.2. The Building Official shall review the permit for compliance with all adopted building codes and regulations and shall provide written notification of any items requiring correction or attention within 45 days after submittal of a complete application. 2. Decision by the Building Official The Building Official or his/her designee may approve, approve with conditions, or deny the building permit. 3. Appeals Any person or persons aggrieved by any decision of the Building Official, or any taxpayer or any officer, department, or board of the City may appeal the decision of the Building Official to the BOA. D. Criteria for Approval The Building Official shall apply the following criteria in deciding the application for a building permit: 1. The application generally conforms to all prior approved development applications for the property and any variance petition authorizing variation from the standards otherwise applicable to the permit; 2. The location of the structure on the property is in accordance with all prior approved development applications; 3. The proposed plan for construction or alteration conforms to the Building Code and other applicable construction codes adopted by the City; 4. All applicable fees, including impact fees, have been paid; 5. A final plat of the property has been recorded in the appropriate County plat records; and 6. All public infrastructure required has been installed and accepted by the City. Article 4 – Procedures and Applications Schertz Unified Development Code 4-22 E. Issuance No building permit shall be issued on property that is not a lot of record with the following exceptions: 1. Additions to existing structures not exceeding twenty-five percent (25%) of the building at the time of the adoption of this UDC; and 2. Interior finish out or improvements to existing structures. End of Article 4 Article 5 – Zoning Districts Schertz Unified Development Code 5-1 5.Article 5 Zoning Districts Sec. 21.5.1 Purpose and Applicability The zoning regulations and districts contained in this Article are established in accordance with the adopted Comprehensive Land Plan and as authorized by LGC Chapter 211, for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City limits. They have been designed to lessen the congestion in the streets, to secure safety from fire, panic and other dangers, to ensure adequate light and air, to prevent the overcrowding of land and thus avoid undue concentration of population, and to facilitate the adequate provision of transportation, water supply, wastewater treatment, schools, parks and other public requirements. They are established with reasonable consideration for, among other things, the character of each zoning district and its peculiar suitability for the particular uses specified, conserving the value of buildings and environmentally sensitive features, and encouraging the most appropriate use of land throughout the City. Sec. 21.5.2 Zoning Districts Established 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 and Thoroughfare Plans. The districts established shall be known as: Symbol District Name PRE Predevelopment District R-1 Single-Family Residential District R-2 Single-Family Residential District R-3 Two-Family Residential District R-4 Apartment/Multi-Family Residential District R-6 Single-Family Residential District R-7 Single-Family Residential District R-A Single-Family Residential/Agricultural District GH Garden Home Residential 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 Sec. 21.5.3 Initial Zoning Upon Annexation A. As soon as practical following annexation, but in no event more than 183 calendar days thereafter, the City Council shall, on its own motion or by request of the property owners of Article 5 – Zoning Districts Schertz Unified Development Code 5-2 the annexed area, initiate proceedings to establish the initial zoning on the newly annexed territory. Unless otherwise requested by application of the property owner, the initial zoning of newly annexed territory shall be Predevelopment (PRE). B. The initial zoning of a land parcel, whether by motion of the City Council or by request of the property owner shall be processed in the same manner as a request for a zoning change in accordance with section 21.5.4. Notification requirements and the responsibility of the Planning and Zoning Commission and City Council shall be in accordance with a request for a zoning change. C. The owner of land to be annexed may submit an application for zoning the property concurrently with submission of the request for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification. The Planning and Zoning Commission may consider the request for zoning and make a recommendation the City Council prior to final adoption of the annexation ordinance. Any recommendation by the Planning and Zoning Commission shall be conditioned upon approval of the annexation of the property by the City Council. The City Council may act on an ordinance to establish the initial zoning of the property being annexed at the same meeting as the action on the annexation ordinance so long as final approval of the annexation ordinance occurs prior to final approval of the ordinance to establish the zoning. Sec. 21.5.4 Zoning Change/Zoning Map Amendment A. Applicability 1. The City Council may, from time to time, on its own motion, by request of the City Manager or the Director of Development Services, 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 Planning Department, Development Manual. 2. Accompanying Applications A request for a zoning change or zoning map amendment may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change or zoning map amendment shall require all subsequent development applications to be consistent with the approved amendments. 3. Tax Certificate Required All applications made as a request for a zoning change or zoning map amendment shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision 1. Submittal Article 5 – Zoning Districts Schertz Unified Development Code 5-3 An application for a zoning change or zoning map amendment shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at its option, request a recommendation from any other City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services 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 to consideration by the City Council. 3. Commission Recommendation The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed a zoning change or zoning map amendment to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 30 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. 4. Decision by City Council The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed zoning change or zoning map amendment and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the amendment. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 30 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. 5. Consideration of Previously Denied Amendments A request for a zoning change or zoning map amendment for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within six (6) months of 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 Director of Development Services shall have the authority to determine whether the request is substantially different from the initial request. D. Criteria for Approval Article 5 – Zoning Districts Schertz Unified Development Code 5-4 The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a zoning change or zoning map amendment, should consider the following criteria: 1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; 2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; 4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or or other public services and utilities to the area; 5. Whether there have been environmental and/or economical changes which warrant the requested change; 6. Whether there is an error in the original zoning of the property for which a change is requested; 7. Whether all of the applicant’s back taxed owed to the City have been paid in full (no application will receive final approval until all back taxed are paid in full); and, 8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. E. Protests 1. If a proposed zoning change or zoning map amendment is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (3/4) of all members of the City Council according to LGC §211.006(d). The protest must be written and signed by the owners of at least 20 percent of either: a. The area of the lots or land covered by the proposed zoning change or zoning map amendment; or b. The area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area. 2. In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys shall be included. Sec. 21.5.5 Statement of Purpose and Intent for Residential Districts A. Predevelopment District (PRE) Intended for use for undeveloped land in the City or as a temporary designation for existing uses for newly annexed property. This zoning is also suitable for areas where development is premature due to lack of utilities, capacity or service and for areas that are unsuitable for development because of physical constraints or potential health or safety hazards. No improvements, construction or structures may be undertaken without obtaining a building Article 5 – Zoning Districts Schertz Unified Development Code 5-5 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 single-family attached residential dwellings with a minimum lot size of 9,000 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. E. Apartment/Multi-Family Residential District (R-4) Intended for apartment and multi-family developments including, but not limited to apartment buildings, duplex, garden apartments, condominium units, assisted living centers, nursing homes and other similar uses. Due to the infrastructure requirements for such districts, the City may require the applicant seeking such zoning classification to establish (i) the adequacy of available access and utility facilities, (ii) sufficiency of drainage, and (iii) provision of sufficient open space. The minimum lot size in such district is 10,000 square feet for three (3) units and 1,800 square feet for each additional dwelling unit. The maximum density shall be twenty-four (24) units per acre. Apartment/Multi-family Residential Districts should not be located in areas where they would increase traffic through single-family neighborhoods and should be located adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. Multi-family developments are suitable buffers between single-family districts and commercial uses. Multi-family districts should be buffered from non-residential land uses and from pollution sources and environmental hazards. Twenty percent (20%) of the total platted area shall be provided as common, usable open space. F. Single-Family Residential District (R-6) Comprised of single-family detached residential dwellings that are on a minimum lot size of 7,200 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This District is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. G. Single-Family Residential District (R-7) Comprised of single-family detached residential dwellings on a minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This District is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. H. Single-Family Residential/Agricultural District (RA) Article 5 – Zoning Districts Schertz Unified Development Code 5-6 Intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one-half acre). This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. I. Garden Homes Residential District (GH) Comprised of single-family detached residential dwellings on a minimum lot size of 5,000 square feet together with the schools, churches, and parks necessary to create basic neighborhood units. This District allows the main structure to be constructed coincident with one of the side property lines, and requires only one 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 side of the street in the block must be included in the GH designation. Exception may be made where an alley breaks the block on that side of the street. Homes will be uniformly located on the same side of the lot within a street block. J. Townhome District (TH) Comprised of an attached residential dwelling unit in structures built to accommodate three (3) to six (6) units per structure. Density shall not exceed twelve (12) units per gross acre. Townhome units shall be constructed on a single lot, or on adjacent individual lots. Individual ownership of the Townhome units is encouraged. Minimum lot area shall not be less than 2,500 square feet per dwelling unit. Ten percent (10%) of the total platted area shall be provided as common, usable open space. This District should not be located in areas where it would increase traffic through single-family neighborhoods and should be adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. K. Manufactured Home Subdivision District (MHS) Intended to recognize that certain areas of the City are suitable for a mixture of singlefamily dwelling units and HUD-Code manufactured homes, to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single-family residences, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation and/or subdivision of any lot, tract or parcel of land used for the placement of manufactured homes. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility in housing types between manufactured home subdivisions and surrounding single family residential subdivisions and recognizing their inherent differences. L. Manufactured Home Park District (MHP) Intended to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation Article 5 – Zoning Districts Schertz Unified Development Code 5-7 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. Sec. 21.5.6 Statement of Purpose and Intent for Nonresidential Districts A. Office and Professional District (OP) Intended to provide suitable areas for the development of office structures as well as office park developments on appropriately designed and attractively landscaped sites. It is also intended to provide ancillary retail service (restaurants, coffee shops, newsstands, etc.) for such office developments. Due to the intensity of these developments, this District should be generally located along major transportation corridors, and be properly buffered from less intensive residential uses. B. Neighborhood Services District (NS) Intended to provide suitable areas for the development of certain limited service and retail uses in proximity to residential neighborhoods in order to more conveniently accommodate the basic everyday retail and service needs of nearby residents. Such uses occur most often on the periphery of established neighborhoods at the intersection of collectors and minor arterials, and are generally on sites of approximately one to three acres in size. These developments are to have generous landscaping and contain non-residential uses, which do not attract long distance traffic trips. This District should be properly buffered from residential uses and protected from pollution and/or environmental hazards. C. General Business District (GB) Intended to provide suitable areas for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. D. General Business District-2 (GB-2) Intended to provide suitable areas for the development of non-residential and light industrial uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. These facilities should not emit dust, odor, smoke, gas or fumes, or any other hazardous elements, which are detectable beyond the boundary of the property. Due to the traffic generated by such uses, these districts should be located on arterial streets. In reviewing the proposed development, other infrastructure considerations such as water, electric, sewer, gas and fire line line pressure should be taken into account. Where several lots are to be jointly developed as a light manufacturing area, restrictive covenants and development restrictions encouraging high-level design and maintenance are encouraged. E. Manufacturing District-Light (M-1) Intended to provide a suitable area for the development of light industrial, assembly and manufacturing, warehouse and distribution facilities. These facilities should not emit dust, Article 5 – Zoning Districts Schertz Unified Development Code 5-8 odor, smoke, gas or fumes, or any other hazardous elements, which are detectable beyond the boundary of the property. Due to the traffic generated by such uses, these districts should be located on arterial streets. In reviewing the proposed development, other infrastructure considerations such as water, electric, sewer, gas and fire line pressure should be taken into account. Where several lots are to be jointly developed as a light manufacturing area, restrictive covenants and development restrictions encouraging highlevel design and maintenance are encouraged. F. Manufacturing District -Heavy (M-2) Intended to provide a suitable park-like area for the development of intensive industrial/manufacturing activities, which tend to emit certain offensive features such as odor, noise, dust, smoke and/or vibrations, but under controlled conditions. Specific Use Permit will be required by all activities locating in this area. Uses shall also recognize the need for increased water pressure and capacity in order to provide adequate fire protection. G. Public Use District (PUB) Intended to identify and provide a zoning classification for land that is owned or may be owned by the City, County, State, or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. 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. Article 5 – Zoning Districts Schertz Unified Development Code 5-9 Table 21.5.1 DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING DISTRICTS Minimum Lot Size And Dimensions Minimum Yard Setback (Ft) Miscellaneous Lot Requirements Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Minimum Off-Street Parking Spaces Maximum Height Ft Max Imperv Cover Key R-1 Single-Family Residential District-1 9,600 80 120 25 7.5 20 2 35 40% h,l,m,n,o R-2 Single-Family Residential District-2 8,400 70 120 25 7.5 20 2 35 40% h,l,m,n,o R-3 Two-Family Residential District 9,000 75 120 25 7.5 20 2 35 60% h,k,l,m,n R-4 Apartment/Multi-Family Residential District 10,000 100 100 25 10 20 2 35 75% a,b,k,l,m,n R-6 Single-Family Residential District-6 7,200 60 120 25 7.5 20 2 35 50% h,l,m,n,o R-7 Single-Family Residential District-7 6,600 60 110 25 7.5 20 2 35 50% h,l,m,n,o R-A Single-Family-Residential/Agriculture 21,780 --25 25 25 2 35 30% h,l,m,n,o GH Garden Home Residential District 5,000 50 100 10 10 10 2 35 75% c,d,e,f,g,l,m,n TH Townhome District 2,500 25 100 25 10 20 2 35 75% h,k,l,m,l,m,n MHS Manufactured Home Subdivision District 6,600 60 110 25 7.5 20 2 35 50% k,l,m,n MHP Manufactured Home Park District 43,560 --25 12.5 25 -35 50% k,l,m,n Key: a. Add 1,800 square feet of area for each unit after the first 3 units. Maximum density shall not exceed 24 units per acre. b. 1.5 parking spaces per bedroom. c. Zero lot line Garden Homes. d. 20-foot paved alley for ingress/egress to all rear garages. e. 5-foot shall be designated maintenance easement. f. Corner lot shall have 10-foot side yard setback from street right-of-way. g. 25-foot property line adjoining public street. h. Corner lot shall have minimum 15-foot side yard setback from street right-of-way. i. Minimum lot area for each unit. j. Interior units have zero side yard setbacks. Exterior units have a 10-foot side yard setback. The minimum distance between structures is 20-feet. k. Site plan approval required. l. Swimming pools shall count toward the maximum impervious cover limitations m. No variances may be permitted to exceed the maximum impervious cover limitations n. Refer to Article 14, section 21.14.3 for additional design requirements o. All single family residential dwelling units constructed within this district shall be constructed with an enclosed garage. Article 5 – Zoning Districts Schertz Unified Development Code 5-10 Table 21.5.2 DIMENSIONAL REQUIREMENTS NON-RESIDENTIAL ZONING DISTRICTS (d) Minimum Lot Size and Dimensions Minimum Yard Setback (Ft) Miscellaneous Lot Requirements Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Rear Adj Non-Res Zone Rear Adj. Res Zone Side Adj Non-Res Zone Side Adj Res Zone Max Ht Ft Max Imperv Cover Key OP Office/Professional 6,000 60 100 25 0 25 0 25 35 70% a,b,c, d NS Neighborhood Services 10,000 100 100 25a 0 25 0 25 35 80% a,b,c, d GB General Business 10,000 100 100 25 0 25 0 25 120 80% a,b,c, d GB-2 General Business-2 10,000 100 100 25 0 25 0 25 120 80% a,b,c, d M-1 Light Manufacturing 10,000 100 100 25 0 50c 0 25b 120 80% a,b,c, d M-2 Heavy Manufacturing 10,000 100 100 25 0 50c 0 25b 120 80% a,b,c, d PUB Public Use District 10,000 100 100 25 0 15 0 25 35 70% a,c,d Key: a. See Article 10 for parking requirements. b. Uses may require a Specific Use Permit. The City of Schertz will follow the guidelines outlined in the Air Installation Compatible Use Zone (AICUZ) study for Randolph Air Force Base. c. No variances may be permitted to exceed the maximum impervious cover limitations d. Refer to Article 14, Sec. 21.14.3 for additional design requirements Article 5 – Zoning Districts Schertz Unified Development Code 5-11 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 21.5.1 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 21.5.1 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 21.5.2. 3. All lots shall have at least the minimum area, width and depth as indicated in the Tables 21.5.1 and 21.5.2 in this section. 4. Platted subdivisions established by a duly approved plat filed prior to adoption of this Code 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 Code shall be reduced in size below the minimum area requirements set forth in Tables 21.5.1 and 21.5.2. 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 21.5.1 set forth in this section unless otherwise listed below: a. Where the frontage on one side of a street is divided by two 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 plat and exceeds the requirements of this Code, the more restrictive setback line shall apply. c. The front yard setback shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard, not to exceed two feet (2’). d. Side Yards: Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve inches (12”) into the required side yard, and roof eaves projecting not to exceed twenty-four inches (24”) into the required side yard. e. Rear Yards: Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty inches (30”) above the general ground level of the graded lot, except for accessory buildings as permitted and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed twenty-four inches (24”) into the required rear yard. f. Where lots have double frontage, running from one street to another, a required front yard setback shall be provided on both streets. g. Mixed Use Building: In a building serving dwelling and other uses, in any district, the height and area regulations applicable to non-residential buildings shall apply. Article 5 – Zoning Districts Schertz Unified Development Code 5-12 h. There shall not be more than one (1) residential dwelling on a platted lot of a duly recorded plat of a single-family residential use. Sec. 21.5.8 Permitted Use Table A. Use of Land and Buildings Structures, land or premises shall be used only in accordance with the use permitted in the following use table subject to compliance with the dimensional and development standards for the applicable zoning district and all other applicable requirements of this UDC. B. Permitted Principal Uses No principal use shall be permitted in any district unless it appears in the following permitted use table. 1. Legend for the Permitted Use Table: P Use is permitted in district indicated S Use is permitted in district indicated upon approval of Specific Use Permit Use is prohibited in district indicated Article 5 – Zoning Districts Schertz Unified Development Code 5-13 Table 21.5.3 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Predevelopment Residential/Agricultural Single Family – 1 Single Family – 2 Two Family Apartment/Multi-family Single Family – 6 Single Family – 7 Manufactured Home Subdivision Manufactured Home Park Garden Home Townhome District PERMITTED USES Office & Professional Neighborhood Service General Business General Business – 2 Manufacturing – Light Manufacturing – Heavy Public Use District P P P P P P P P P P Accessory Building, Residential P Agricultural/Field Crops P Airport, Heliport or Landing Field S P P Alcohol Package Sales P P P P Antenna and/or Antenna Support Structure, Commercial S S S S S Antique Shop P P P P Appliances, Furniture and Home Furnishings Store P P P P Art Gallery/Library/Museum P P P P P Assisted Care or Living Facility S P P Athletic Stadium, Private S S S S S Athletic Stadium, Public P Automobile Parking Structure/Garage S P P P S Automobile Parts Sales P P P P Automobile Repairs & Service, Major S P P Automobile Repairs & Service, Minor P P P Automobile Sales S P P Bakery P P P Bank, Saving and Loan, Credit Union P P P P P Beauty Salon/Barber Shop P P P P P S S S S S S S S S S Bed and Breakfast Inn S P P Book Store S P P P Bottling Works P P Building Material and Hardware Sales P P P Article 5 – Zoning Districts Schertz Unified Development Code 5-14 Table 21.5.3 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Predevelopment Residential/Agricultural Single Family – 1 Single Family – 2 Two Family Apartment/Multi-family Single Family – 6 Single Family – 7 Manufactured Home Subdivision Manufactured Home Park Garden Home Townhome District PERMITTED USES Office & Professional Neighborhood Service General Business General Business – 2 Manufacturing – Light Manufacturing – Heavy Public Use District Cabinet or Upholstery Shop S P P Car Wash, Automated P P P P Car Wash, Self Serve S P P P S Cemetery or Mausoleum P S S S S S S S S S S S S Church, Temple, Synagogue, Mosque, or Other Place of Worship P P P P P P P Civic/Convention Center P P P P P College, University, Trade, or Private Boarding School P P P P Commercial Amusement, Indoor S P P P Commercial Amusement, Outdoor S P P Community Center P P P P Concrete/Asphalt Batching Plant S Convenience Store w/o Gas Pumps P P P P Convenience Store w/Gas Pumps P P P Dance Hall/Night Club P P P Day Care Center S P P Department Store P P P Dry Cleaning, Major S P P Dry Cleaning, Minor P P P P P P P P P P P P P P Family or Group Home S P P Farmers Market P P P Flea Market, Inside P P P Flea Market, Outside S P P Florist S P P P Article 5 – Zoning Districts Schertz Unified Development Code 5-15 Table 21.5.3 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Predevelopment Residential/Agricultural Single Family – 1 Single Family – 2 Two Family Apartment/Multi-family Single Family – 6 Single Family – 7 Manufactured Home Subdivision Manufactured Home Park Garden Home Townhome District PERMITTED USES Office & Professional Neighborhood Service General Business General Business – 2 Manufacturing – Light Manufacturing – Heavy Public Use District Fraternity, Sorority, Civic Club or Lodge P Furniture Sales S P P P Gasoline Station/Fuel Pumps P P P P P P P P P P P P P P P Gated Community General Manufacturing/Industrial Use P P S P P P P P P P P P P P Golf Course and/or Country Club P P P Governmental Facilities P P P P P P P Gymnastics/Dance Studio P P P P P Health/Fitness Center P P P P P Heavy Equipment Sales, Service or Rental P P P P P Home Improvement Center P P P Hospital P P P Hotel/Motel P P P P Household Appliance Service and Repair P P P S S S S S S S S In-Home Day Care Landfill S Laundromat P P P P Livestock P P P Locksmith/Security System Company P P P Medical, Dental or Professional Office/Clinic P P P P P Mini-Warehouse/Public Storage S P P S P P Manufactured/Mobile Homes Article 5 – Zoning Districts Schertz Unified Development Code 5-16 Table 21.5.3 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Predevelopment Residential/Agricultural Single Family – 1 Single Family – 2 Two Family Apartment/Multi-family Single Family – 6 Single Family – 7 Manufactured Home Subdivision Manufactured Home Park Garden Home Townhome District PERMITTED USES Office & Professional Neighborhood Service General Business General Business – 2 Manufacturing – Light Manufacturing – Heavy Public Use District Manufacturing P P Mortuary/Funeral Home P P P S P Multi-Family Apartment Dwelling P P P P P P P P P P P P Municipal Uses Operated by the City of Schertz P P P P P P P Museum S P P Nursery, Major S P P Nursery, Minor P P P Office Showroom P P P Office-Warehouse/Distribution Center P P P P P One-Family Dwelling Attached P P P P P P P P P P One-Family Dwelling Detached 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 P Pet Store P P P Pharmacy S P P P Portable Building Sales S P Post Office P P P P P P P Print Shop, Major P P Print Shop, Minor P P P P P Private Club P P P P Railroad/Bus Passenger Station S P P S P Recreational Vehicle Park Article 5 – Zoning Districts Schertz Unified Development Code 5-17 Table 21.5.3 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Predevelopment Residential/Agricultural Single Family – 1 Single Family – 2 Two Family Apartment/Multi-family Single Family – 6 Single Family – 7 Manufactured Home Subdivision Manufactured Home Park Garden Home Townhome District PERMITTED USES Office & Professional Neighborhood Service General Business General Business – 2 Manufacturing – Light Manufacturing – Heavy Public Use District Recreational Vehicle Sales and Service P Recycling Collection Center P P P Recycling Collection Point P P P P P P P Recycling Facility S S Rehabilitation Care Facility S P Restaurant, Drive-In P P P P Restaurant or Cafeteria P P P P P Retail Stores and Shops P P P P P P P P P P P P P P P P School, Public or Private P P P P P P P Sexually Oriented Business (refer to Ordinance No. 02-L-16) S P Stable, Commercial P P Storage or Wholesale Warehouse S P P Tavern S P P S Taxidermist P P P Theater, Outdoor P P P Theater, Indoor S P P P Tool Rental S P P p Trailer/Manufactured Homes Sales P P P Truck Sales, Heavy Equipment P P Truck Terminal S P P P P Two-Family Dwelling Veterinarian Clinic /Kennel, Indoor S P P P P Veterinarian Clinic /Kennel, Outdoor S P P Welding/Machine Shop P P P P Article 5 – Zoning Districts Schertz Unified Development Code 5-18 Table 21.5.3 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Predevelopment Residential/Agricultural Single Family – 1 Single Family – 2 Two Family Apartment/Multi-family Single Family – 6 Single Family – 7 Manufactured Home Subdivision Manufactured Home Park Garden Home Townhome District PERMITTED USES Office & Professional Neighborhood Service General Business General Business – 2 Manufacturing – Light Manufacturing – Heavy Public Use District Wrecking or Salvage Yard S S S S S S S S S S S S S New and Unlisted Uses S S S S S S S Article 5 – Zoning Districts Schertz Unified Development Code 5-19 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 Director of Development Services shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC. 3. It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the UDC in accordance with section 21.4.7 of this UDC. Sec. 21.5.9 Special Districts A. Air Installation Compatible Use Zone District (AICUZ) 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. ALL USES IN THIS SPECIAL DISTRICT REQUIRE AN APPROVED SPECIFIC USE PERMIT. 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. Sec. 21.5.10 21.5.10 Planned Development District A. Applicability The purpose of the Planned Development District is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. If this necessitates varying from available zoning districts, the proposed development should demonstrate community benefits. A PDD should not be used to deviate from the provisions of this UDC in a way that contradicts its intent. B. Application Requirements 1. Application Required Any request for a PDD shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. 2. Accompanying Applications Article 5 – Zoning Districts Schertz Unified Development Code 5-20 A request for a PDD may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a PDD shall require all subsequent development applications to be consistent with the approved development regulations. 3. Tax Certificate Required All applications made as a request for a PDD shall be accompanied by a copy of a Tax Certificate. 4. Minimum Planned Development District Size No PDD may be established on any area less than the following in size: a. Single Family Residential: two (2) acres; b. Multifamily Residential: two (2) acres; c. Nonresidential: two (2) acres; or d. Mixed Residential and Nonresidential: five (5) acres. C. Processing of Application and Decision 1. Submittal An application for a PDD shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at its option, request a recommendation from any other City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements An application for a Planned Development District requires the following notification in accordance with section 21.4.3: a. Written notice prior to consideration by the Planning and Zoning Commission; and b. Published notice prior to consideration by the City Council. 3. Commission Recommendation The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a PDD to the City Council. The Planning and Zoning Commission may recommend approval, approval, approval with conditions, or denial of the amendment. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 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 PDD and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the amendment. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a Article 5 – Zoning Districts Schertz Unified Development Code 5-21 certain date that is not more than 30 calendar days from the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. D. Development Standards 1. Development standards for each PDD shall be set forth in the ordinance granting the PDD and may include but shall not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council may deem appropriate. 2. In the PDD, the particular district(s) to which uses specified in the PDD are most similar shall be stated in the granting ordinance. All PDD applications shall list all requested variances from the standard requirements set forth throughout this ordinance (applications without this list will be considered incomplete). 3. The ordinance granting a PDD shall include a statement as to the purpose and intent of the PDD granted therein. A specific list is required of variances in each district or districts and a general statement citing the reason for the PDD request. 4. The PDD shall conform to all other sections of the ordinance unless specifically exempted in the granting ordinance. E. Conceptual and Development Plan In establishing a PDD, the City Council shall approve and file, as part of the amending ordinance, appropriate plans and standards for each PDD. During the review and public hearing process a conceptual plan and a development plan (or detailed Site Plan) shall be submitted. 1. Conceptual Plan: The applicant shall submit a conceptual plan. The plan shall show the applicant’s intent for the use of the land within the proposed PDD in a graphic manner and shall be supported by written documentation of proposals and standards for development. a. A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. For residential development which does not propose platted lots, the conceptual plan shall set forth the size, type, and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data. b. A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the City Council, may include, but is not limited to, the types of use(s), topography, and boundary of the planned development area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is used in drafting the final development plan. c. Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height, or coverage of the site and which do not decrease the off-street parking ratio, reduce the yards provided at the boundary of the site, or significantly alter the landscape plans as indicated on the approved Article 5 – Zoning Districts Schertz Unified Development Code 5-22 conceptual plan may be authorized by the Director of Development Services. If an agreement can not be reached regarding whether or not a change of detail conforms to the original concept plan, the City Council shall determine the conformity. 2. Development Plan: This plan shall set forth the final plans for development of the PDD and shall conform to the data presented and approved on the conceptual plan. Approval of the development plan shall be the basis for issuance of a building permit. The Development Plan shall be acted upon by the City Council, upon recommendation of the Planning and Zoning Commission. The development plan may be submitted for the total area or any section of the planned development. The development plan shall include: a. A site inventory analysis including a scale drawing of existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of of the development and including a delineation of any flood prone areas; b. A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing and proposed streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five (5) feet; c. A Site Plan in accordance with section 21.12.14 of this UDC; d. A landscape plan showing screening walls, ornamental planting, wooded areas, and trees to be planted; and e. An architectural plan showing elevations and signage style to be used throughout the development. Any or all of the required information may be incorporated on a single drawing if such drawing is clear and can be evaluated by the City Staff, the Planning and Zoning Commission and the City Council. F. Criteria for Approval The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a PDD, should consider the following criteria: 1. Whether the proposed PDD implements the policies of the adopted Comprehensive Land Plan; 2. Whether the proposed PDD promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; 4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; 5. The extent to which the proposed PDD will result in a superior development than could be achieved through conventional zoning; 6. Whether all of the applicant’s back taxed owed to the City have been paid in full (no application will receive final approval until all back taxed are paid in full); and, Article 5 – Zoning Districts Schertz Unified Development Code 5-23 7. Whether other criteria are met which, at the discretion of the Planning and Zoning Commission and City Council, are deemed relevant and important in the consideration of the amendment. G. Amendments The Director of Development Services may permit the applicant to make minor amendments to the Conceptual Plan without the necessity of amending the ordinance that established the PDD. If the proposed amendments change and/or impact the nature or purposes of the approved PDD, whether individually or cumulatively, the City Manager may deny the request for approval of the modifications and provide the applicant with the opportunity to revise the proposed amendments to bring them into compliance with the PDD. If an applicant wishes to make any amendments to an approved Concept Plan other than minor amendments approved by the City Manager, the City Manager will submit the amendments to the Planning and Zoning Commission and City Council for review and approval as a revised PDD. Minor amendments shall only be as follows: 1. Corrections in spelling, distances and other labeling that do not affect the overall development concept; 2. Changes in building position or layout that are less than ten feet or ten percent of the total building project or area; 3. Changes in proposed property lines as long as the original total project acreage is not exceeded, and the area of any base zoning district is not changed by more than five percent; and 4. Changes in parking layouts as long as the number of required spaces and general original design are maintained. Sec. 21.5.11 Specific Use Permit (SUP) A. Applicability Specific Use Permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. These uses and the districts where they may be located are listed in the Permitted Use Table 21.5.3. All uses located within the AICUZ Zone also 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 Planning Department Development Manual. 2. Accompanying Applications An application for a Specific Use Permit shall be accompanied by a Site Plan prepared in accordance with section 21.12.14. Approval of a Site Plan as part of a Specific Use Permit shall meet the requirements for Site Plan approval under section 21.12.14. 3. Tax Certificate Required All applications made as a request for a Specific Use Permit shall be accompanied by a copy of a Tax Certificate. Article 5 – Zoning Districts Schertz Unified Development Code 5-24 C. Processing of Application and Decision 1. Submittal An application for a Specific Use Permit shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at its option, request a recommendation from any other City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services 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 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 30 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. D. Criteria for Approval The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a Specific Use Permit, should consider the following criteria: 1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan; 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; 3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site Article 5 – Zoning Districts Schertz Unified Development Code 5-25 or within the public rights-of-way to mitigate development related adverse impacts, such as 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; 8. The proposed use and associated Site Plan promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 9. No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full; and 10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit. E. Conditions The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action, may require such modifications in the proposed use and attach such conditions to the Specific Use Permit as deemed necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions and modifications may include but are not limited to limitation of building size size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit and hours of operation. F. Expiration of Specific Use Permit A Specific Use Permit shall expire if any of the following occurs: 1. A building permit, if necessary, for the use has not been approved within two (2) years of the approval of the SUP; 2. A building permit approved as a result of the approval of the SUP expires within two (2) years of 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. End of Article 5 Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-1 6.Article 6 Manufactured Homes and RV Parks Sec. 21.6.1 Manufactured Home Subdivisions A. Purpose The provisions of this section are established to: 1. Recognize that certain areas of the City are suitable for a mixture of single-family dwelling units and HUD-code manufactured homes; 2. Provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single-family residences; 3. Provide for adequate vehicular and pedestrian circulation; 4. Promote housing densities appropriate to and compatible with existing and proposed public support facilities; 5. Promote the most desirable use of land and direction of building development; and 6. Promote stability of development. B. Plat Required Prior to development of any Manufactured Home Subdivision, a final plat must be approved and filed for record in accordance with section 21.12.9. No permit shall be issued for the placement of any manufactured home on any property that is not located on a legally platted lot of record. C. Minimum Site Requirements 1. Minimum Lot Area The minimum lot area for any lot within a manufactured home subdivision shall be in accordance with Table 21.5.1. 2. Open Space Requirements a. The minimum front, side and rear yard setbacks shall be in accordance with Table 21.5.1. b. Accessory structures on each lot shall have a minimum setback from any lot line of at least ten feet (10'). c. The minimum distance between manufactured homes on separate lots at any point shall be twenty-five feet (25'). 3. Height Regulations a. The maximum height for any structure in the manufactured home subdivision shall be thirty-five feet (35'). b. The average height of the manufactured home frame above the ground elevation, measured at 90 degrees to the frame, shall not exceed three feet (3'). 4. Soil and Ground Cover Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-2 Exposed ground surfaces in all parts of every manufactured home subdivision shall be paved or protected with a vegetative ground cover that is capable of preventing soil erosion and of eliminating dust. 5. Drainage The ground surface in all parts of a manufactured home subdivision shall be graded and equipped to drain all surface water away from the manufactured home spaces. D. Street Lighting Street lighting within a manufactured home park or manufactured home subdivision shall be provided by the developer or property owner along all internal streets. Street lights will be installed in accordance with this UDC section 21.14.1.S. E. Parking Requirements A minimum of two (2) parking spaces shall be provided for each manufactured home space. Each parking space will be a minimum of ten feet (10’) by twenty feet (20'). Each parking space shall be constructed of concrete or asphalt and located to eliminate interference with access to parking areas provided for other manufactured homes and for public parking. Required parking spaces shall not obstruct pedestrian walkways. F. Carports See section 21.8.3.A. G. Manufactured Home Installation In addition to the requirements of any building code and fire code, manufactured homes shall be installed in accordance with the following criteria: 1. Axle and hitch assemblies shall be removed at the time of placement on the foundation. 2. Each manufactured home shall be totally skirted with masonry, pressure-treated wood, or other nondegradable, fire resistant material which is compatible with the design and exterior materials of the primary structure. H. Fire Safety Standards 1. Access for Fire Fighting Approaches to all manufactured homes shall be kept clear for fire fighting. 2. Water Supply Facilities for Fire Department Operations Water supply facilities for fire department operations shall be connected to an available City water supply. The adequacy of the water supply for firefighting requirements shall be determined by the City Engineer. The manufactured home subdivision shall provide standard hydrants acceptable to the City located within five hundred feet (500') of all manufactured home lots, measured along the driveways or streets. Fire hydrants will be subject to periodic inspection by the City. I. Recreation Area All manufactured home subdivisions shall be required to dedicate parkland in accordance with section 21.9.10 of this UDC. J. Utilities Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-3 All utilities, including but not limited to electrical wiring, natural gas, telephone, cable, internet and security systems, shall be installed underground and shall be maintained in accordance with applicable City codes and regulations for such systems. K. Miscellaneous Requirements 1. Every lot owner within a manufactured home subdivision shall be responsible for ensuring compliance with all requirements of this UDC including proper installation of the manufactured home, proper installation of all utility connections and proper tie-down of the manufactured home. 2. Skirting with the necessary vents, screens and/or openings shall be required on all manufactured homes and shall be installed within 30 days after the placement of the manufactured home. 3. Skirting, porches, awnings and other additions, when installed, shall be maintained in good repair. The use of space immediately underneath a manufactured home for storage shall shall be permitted only under the following conditions: a. The storage area shall have a base of impervious material. b. Stored items shall not interfere with the underneath inspection of the manufactured home. c. The storage area shall be enclosed by skirting. Sec. 21.6.2 Manufactured Home Parks A. Purpose The provisions of this section are established to: 1. Provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single-family residences; 2. Provide adequate provisions for vehicular and pedestrian circulation; 3. Promote housing densities appropriate to and compatible with existing and proposed public support facilities; 4. Promote the most desirable use of land and direction of building development; and 5. Promote stability of development. B. Plat Required Prior to development of any Manufactured Home Park, a final plat must be approved and filed for record in accordance with section 21.12.9. No permit shall be issued for the placement of any manufactured home on any property that is not located on a legally platted lot of record. C. Minimum Site Requirements 1. Minimum Space Area Manufactured home parks shall have a minimum lot area meeting the requirements of Table 21.5.1. Each manufactured home space shall have a minimum space size of sixty feet (60') by one hundred ten feet (110') for each manufactured home. Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-4 2. Open Space Requirements a. The minimum front yard setback for each manufactured home space shall be twenty-five feet (25') from the nearest corner of the manufactured home to the front line of the manufactured home lot or space. b. No manufactured home shall be closer than ten feet (10’) from any side space line or twenty-five feet (25') to a space line adjoining a public street. c. For other structures on each space, the minimum setback from any space line shall be at least ten feet (10'). d. The minimum distance between manufactured homes at any point shall be twenty-five feet (25'). 3. Height Regulations The maximum height for any structure in the manufactured home park shall be thirtyfive feet (35'). 4. Soil and Ground Cover Exposed ground surfaces in all parts of every manufactured home park shall be paved or protected with a vegetative ground cover that is capable of preventing soil erosion and eliminating dust. 5. Drainage The ground surface in all parts of a manufactured home park shall be graded and equipped to drain all surface water away from the manufactured home spaces. 6. Storage Facilities A maximum 120 square foot accessory building may be provided on every manufactured home space to be utilized solely for storage of personal items belonging to the owner or tenant of the space. In-lieu of individual accessory buildings on each lot or space, self storage facilities may be provided for adequate storage. Where provided, storage facilities shall be designed in a manner that will enhance the appearance of the manufactured home park or manufactured home subdivision and shall be 100% masonry, excluding doors and windows. Storage outside of approved storage facilities shall be prohibited. D. Access, Traffic Circulation and Parking 2. Internal Streets and Signage All infrastructure (streets, signs, and utilities) are required to be built to City standards. Internal streets, no-parking area signs and street name signs shall be privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and to facilities for common use of residents. Internal streets shall be kept open and free of obstruction in order that police and fire vehicles may have access to any area of the manufactured home park. The police department shall be authorized to issue citations for the violation of the provision herein and to remove and impound offending vehicles. 3. Signs Prohibiting Parking Required On all sections of internal streets on which parking is prohibited under this UDC, the developer or its successors and/or assigns shall erect metal signs prohibiting parking. The sign type, size, height and location shall be approved by the Director of Development Services prior to installation. 4. Internal Street Construction and Maintenance Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-5 All internal streets shall be constructed to specifications established by this UDC and the Public Works Specifications Manual and shall be maintained by the developer or its successors and/or assigns and shall be free of any cracks, holes and other hazards. Internal streets shall be designed by a licensed professional engineer in accordance with good engineering designs and shall be approved by the City Engineer prior to issuance of an occupancy permit for the manufactured home park. 5. Emergency Ingress and Egress All residents shall be notified when and where emergency ingress/egress has been provided. Procedures shall be established to warn the residents of the opening of the emergency access in the event of an emergency. 6. Internal Street Dimensions An internal street or common access route shall be provided to each manufactured home space. Each street shall have a minimum width of thirty feet (30'). On-street parking shall be permitted on only one side of the street. The internal streets shall be continuous and connect with other internal streets or with public streets, or shall be provided with a cul-de-sac having a minimum diameter of one hundred fifty feet (150'). No internal street ending in a cul-de-sac shall exceed five hundred feet (500') in length. 7. Parking Requirements A minimum of two (2) parking spaces shall be provided for each manufactured home space. Each parking space will be a minimum of ten feet (10’) by twenty feet (20'). Each parking space shall be constructed of concrete or asphalt and located to eliminate interference with access to parking areas provided for other manufactured homes and for public parking. Required parking spaces shall not obstruct pedestrian walkways. 8. Carports See section 21.8.3.A. 9. Unobstructed Access Internal streets shall permit unobstructed access to within at least one hundred feet (100') of any portion of each manufactured home. 10. Intersections with Public Streets Interior streets shall intersect adjoining public streets at approximately ninety (90) degrees and at locations which will eliminate or minimize interference with traffic on these public streets. 11. Common Area Parking Area Required To minimize on-street parking and to facilitate movement of emergency vehicles into and through a manufactured home park, a minimum parking area of 150 square feet per manufactured home space or lot shall be provided in a common area for storage of boats or other vehicles in excess of the minimum required parking and for visitors' vehicles. 12. Sidewalks Sidewalks shall be installed on both sides of all streets and shall connect to every space within a manufactured home park. Sidewalks shall be constructed in accordance with City standards. E. Street lighting Street lighting within a manufactured home park shall be provided by the developer or property owner along all internal streets. Street lights will be installed in accordance with Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-6 this UDC and shall have a height and spacing to ensure that an average illumination level of not less than two-tenths (2/10) footcandles shall be maintained. F. Manufactured Home Installation Manufactured homes shall be installed in accordance with the following criteria: 1. Axle and hitch assemblies shall be removed at the time of placement on the foundation. 2. Each manufactured home shall be totally skirted with masonry, pressure-treated wood, or other nondegradable, fire resistant material which is compatible with the design and exterior materials of the primary structure. G. Access for Fire Fighting 1. Approaches to all manufactured homes shall be kept clear for fire fighting. 2. Water Supply Facilities for Fire Department Operations Water supply facilities for fire department operations shall be connected to an available City water supply. The adequacy of the water supply for firefighting requirements shall be determined by the City Engineer. The manufactured home park owner shall provide standard hydrants approved by the City located within five hundred feet (500') of all manufactured home spaces, measured along the driveways or streets. Fire hydrants will be subject to periodic inspection by the City. It shall be the responsibility of the manufactured home park owner to immediately notify the City Fire Department of any fire hydrants in need of repair. H. Recreation Area 1. Recreation Area Required In all manufactured home parks accommodating or designed to accommodate twenty or more manufactured homes, there shall be at least one (1) recreation area which shall be easily accessible to all park residents. 2. Size of Recreation Area Not less than five percent (5%) of the gross site area of the manufactured home park shall be devoted to recreational facilities, generally provided in a central location. In large parks, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas, swimming pools, and drying yards, but not including vehicle parking areas. 3. Playground Location When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfare and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards. I. Utilities All utilities, including but not limited to electrical wiring, natural gas, telephone, cable, internet and security systems, shall be installed underground and shall be maintained in accordance with applicable City codes and regulations for such systems. J. Refuse and Garbage Handling 1. The storage, collection and disposal of refuse in a manufactured home park shall be so conducted as to create no health hazards, rodent harborage or air pollution. One or Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-7 both of the systems described in the paragraphs 2 and 3 below shall be used in every park. 2. If refuse is gathered at the individual spaces, it shall be stored in fly-tight, watertight, rodent-proof containers, and shall be located at each manufactured home space. Containers for this use shall be provided in sufficient number and capacity to properly store all refuse. 3. Centrally located refuse containers having a capacity of three cubic yards or larger may be provided. If provided, such containers shall be so designed as to prevent spillage and container deterioration, and to facilitate cleaning around them. 4. The manufactured home park owner or agent shall ensure that refuse containers, if provided within the manufactured home park, are maintained in a sanitary and usable condition. K. Miscellaneous Requirements 1. The owner, developer or manager of a manufactured home park shall be responsible for ensuring compliance with with all requirements of this UDC and shall maintain the manufactured home park, its facilities and equipment in good repair and in a clean and sanitary condition. 2. Skirting with the necessary vents, screens and/or openings shall be required on all manufactured homes and shall be installed within 30 days after the placement of the manufactured home. 3. Skirting, porches, awnings and other additions, when installed, shall be maintained in good repair. The use of space immediately underneath a manufactured home for storage shall be permitted only under the following conditions: a. The storage area shall have a base of impervious material. b. Stored items shall not interfere with the underneath inspection of the manufactured home. c. The storage area shall be enclosed by skirting. Sec. 21.6.3 Recreational Vehicle (RV) Parks A. Size and Marking of Units or Sites Each unit or site reserved for the accommodation of any recreational vehicle shall have an area of not less than 576 square feet, exclusive of driveways, and shall be at least twenty feet (24’) wide. It shall be defined clearly by proper markers at each corner, shall be level, paved, and well drained. Any area in the City limits proposed for use as a recreational vehicle park must be zoned for a district that permits the use of land for a recreation vehicle park. B. Location No recreational vehicle shall be placed or erected closer than five feet (5’) from the property line separating the recreational vehicle park from adjoining property, measuring from the nearest point of the recreational vehicle. C. Drainage All land used as a recreational vehicle park shall be located on well-drained sites of ample size, free from heavy or dense growth or brush or weeds. The land shall be free from Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-8 marsh and shall be graded or storm sewered to ensure rapid drainage during and following rain. D. Water Supply Each site used as a recreational vehicle park shall be provided with a connection and an adequate supply of water of safe, sanitary quality, approved by the City. Where water from other sources than that of the municipal supply is proposed to be used, the source of the supply shall first be approved by the City. E. Collection and Removal of Waste and Garbage; Wastewater System Each recreational vehicle park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage and shall provide a proper and acceptable wastewater system, either by connection to the City wastewater system where it is available or to a septic tank, all of which shall comply with all on-site sewage facility rules. If individual wastewater connections at each park space are not provided, then a centralized dump station for disposal of waste and garbage shall be provided. F. Minimum Site Requirements 1. Minimum Space Area RV parks shall have a minimum lot area meeting the requirements of the Manufactured Home Park regulations as established in Table 21.5.1. Each RV space shall have a minimum space size of sixty feet (60') by one hundred ten feet (110') for each RV. 2. Setback Requirements a. The minimum front yard setback for each RV space shall be twenty-five feet (25') from the nearest corner of the RV to the front line of the RV lot or space. b. No RV shall be closer than ten feet (10’) from any side space line or twenty-five feet (25') to a space line adjoining a public street. c. For other structures on each space, the minimum setback from any space line shall be at least ten feet (10'). d. The minimum distance between RV at any point shall be twenty-five feet (25'). 3. Height Regulations The maximum height for any structure in the RV park shall be thirty-five feet (35'). 4. Soil and round Cover Exposed ground surfaces in all parts of every RV park shall be paved or protected with a vegetative ground cover that is capable of preventing soil erosion and of eliminating dust. 5. Drainage The ground surface in all parts of a manufactured home park shall be graded and equipped to drain all surface water away from the manufactured home spaces. 6. Storage Facilities A maximum 120 square foot accessory building may be provided on every manufactured home space to be utilized solely for storage of personal items belonging to the owner or tenant of the space. In-lieu of individual accessory buildings on each lot or space, self storage facilities may be provided for adequate storage. Where provided, storage facilities shall be designed in a manner that will enhance the Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-9 appearance of the RV park and shall be 100% masonry, excluding doors and windows. Storage outside of approved storage facilities shall be prohibited. G. Access, Traffic Circulation and Parking 1. Internal Streets and Signage Internal streets, no-parking area signs and street name signs shall be privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and to facilities for common use of residents. Internal streets shall be kept open and free of obstruction in order that police and fire vehicles may have access to any area of the RV park. The police department shall be authorized to issue citations for the violation of the provision herein and to remove and impound offending vehicles. 2. Signs Prohibiting Parking Required On all sections of internal streets on which parking is prohibited under this UDC, the developer or its successors and/or assigns shall erect metal signs prohibiting parking. The sign type, size, height and location shall be approved by the Director of Development Services Department prior to installation. 3. Internal Street Construction and Maintenance All internal streets shall be constructed to specifications established by this UDC and the Public Works Specifications Manual and shall be maintained by the developer or its successors and/or assigns and shall be free of any cracks, holes and other hazards. Internal streets shall be designed by a licensed professional engineer in accordance with good engineering designs and shall be approved by the City Engineer prior to issuance of an occupancy permit for the manufactured home park. 4. Emergency Ingress and Egress All residents shall be notified when and where emergency ingress/egress has been provided. Procedures shall be established to warn the residents of the opening of the emergency access in the event of an emergency. 5. Internal Street Dimensions and Parking An internal street or common access route shall shall be provided to each RV space. Each street shall have a minimum width of thirty feet (30') and off-street parking shall be in ratio of two (2) parking spaces for each RV space. On-street parking shall be permitted on only one side of the street. Each parking space will be a minimum of ten feet (10’) by twenty feet (20'). The internal streets shall be continuous and connect with other internal streets or with public streets, or shall be provided with a cul-de-sac having a minimum diameter of one hundred fifty feet (150'). No internal street ending in a cul-desac shall exceed five hundred feet (500') in length. 6. Parking Requirements A minimum of two (2) parking spaces shall be provided for each RV space. Each parking space shall be constructed of concrete or asphalt and located to eliminate interference with access to parking areas provided for other RVs and for public parking. Required parking spaces shall not obstruct pedestrian walkways. 7. Unobstructed Access Internal streets shall permit unobstructed access to within at least one hundred feet (100') of any portion of each RV. 8. Intersections with Public Streets Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-10 Interior streets shall intersect adjoining public streets at approximately ninety (90) degrees and at locations which will eliminate or minimize interference with traffic on these public streets. 9. Common Area Parking Area Required To minimize on-street parking and to facilitate movement of emergency vehicles into and through a RV park, a minimum parking area of 150 square feet per RV space or lot shall be provided in a common area for storage of boats or other vehicles in excess of the minimum required parking and for visitors' vehicles. 10. Sidewalks Sidewalks shall be installed installed on both sides of all streets and shall connect to every space within a RV park. Sidewalks shall be constructed in accordance with City standards. H. Street lighting Street lighting within a RV park shall be provided by the developer or property owner along all internal streets. Street lights will be installed in accordance with this UDC and shall have a height and spacing to ensure that an average illumination level of not less than two-tenths (2/10) footcandles shall be maintained. I. Fire Code 1. Access for Fire Fighting Approaches to all RVs shall be kept clear for fire fighting. 2. Water Supply Facilities for Fire Department Operations Water supply facilities for fire department operations shall be connected to an available City water supply. The adequacy of the water supply for firefighting requirements shall be determined by the City Engineer. The RV park owner shall provide standard hydrants approved by the City located within five hundred feet (500') of all RV spaces, measured along the driveways or streets. Fire hydrants will be subject to periodic inspection by the City. It shall be the responsibility of the RV park owner to immediately notify the City Fire Department of any fire hydrants in need of repair. J. Recreation Area 1. Recreation Area Required In all RV parks accommodating or designed to accommodate twenty or more RVs, there shall be at least one (1) recreation area which shall be easily accessible to all park residents. 2. Size of Recreation Area Not less than five (5%) percent of the gross site area of the RV park shall be devoted to recreational facilities, generally provided in a central location. In large parks, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas, swimming pools, and drying yards, but not including vehicle parking areas. 3. Playground Location When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfare and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards. Article 6 – Manufactured Homes and RV Parks Schertz Unified Development Code 6-11 4. Total Open Space Requirements RV parks shall provide a minimum of twenty percent (20%) open space of the total gross site area of the park. The minimum required open space may be inclusive of the required recreational area calculation. K. Utilities All utilities, including but not limited to electrical wiring, telephone, cable, internet and security systems, shall be installed underground and shall be maintained in accordance with applicable City codes and regulations for such systems. L. Miscellaneous Requirement The owner, developer or manager of a RV park shall be responsible for ensuring compliance with all requirements of this UDC and shall maintain the RV park, its facilities and equipment in good repair and in a clean and sanitary condition. End of Article 6 Article 7 – Nonconforming uses, Lots and Structures Schertz Unified Development Code 7-1 7.Article 7 Nonconforming Uses, Lots and Structures Sec. 21.7.1 Purpose and Intent A. Within the districts established by this UDC or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this UDC was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this UDC to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of this UDC are met. B. It is further the intent of this UDC that nonconforming uses, lots and structures shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. C. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved. Sec. 21.7.2 Nonconforming Status A. Except as provided in section 21.7.9 below, any use, platted lot or structure that does not conform with the regulations of this UDC on the effective date hereof or any amendment hereto, shall be deemed a nonconforming use, platted lot or structure provided that: 1. Such use, platted lot or structure was in existence under, and in compliance with, the provisions of the immediately prior UDC or Code; 2. Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior UDC or Code; or 3. Such use, platted lot or structure was in existence at the time of annexation into the City, was a legal use of the land at such time, and has been in regular and continuous use since such time. B. Except as provided in section 21.7.9 below, any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it it is located on the effective date of this Code or any amendment hereto, shall be deemed to be in violation of this UDC, and the City shall be entitled to enforce fully the terms of this UDC with respect to such use, platted lot or structure. Sec. 21.7.3 Continuing Lawful Use of Land and Structures A. A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created. B. A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use. Article 7 – Nonconforming uses, Lots and Structures Schertz Unified Development Code 7-2 Sec. 21.7.4 Expansion of Nonconforming Uses and Structures A. A nonconforming use may be extended throughout the structure in which it is located, provided that: 1. The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use; 2. No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and 3. The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming. B. A nonconforming use occupying a structure shall not be extended to occupy land outside the structure. C. A nonconforming use or structure shall not be enlarged, increased or extended extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Code. Sec. 21.7.5 Abandonment of Nonconforming Uses and Structures, and Cessation of Use of Structures or Land A. If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this UDC, as amended, and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied. B. A nonconforming use or structure shall be deemed “abandoned” in the following circumstances: 1. The use ceases to operate for a continuous period of 180 calendar days; 2. The structure remains vacant for a continuous period of 180 calendar days; or 3. In the case of a temporary use, the use is moved from the premises for any length of time. C. If the use of any lot, tract or property that does not have a building on it it and that is used for open/outside storage as of the effective date of this UDC is made nonconforming by this UDC, as amended on the effective date, then such storage use shall cease within 180 calendar days following the effective date of this UDC. The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners. Sec. 21.7.6 Substitution of Nonconforming Uses A. A nonconforming use shall not be changed to another nonconforming use. B. A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use. Article 7 – Nonconforming uses, Lots and Structures Schertz Unified Development Code 7-3 C. A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to another nonconforming use. D. Notwithstanding any of the provisions of this section, a nonconforming HUD-Code manufactured home may be exchanged or replaced by another HUD-Code manufactured home, provided the newly located residential unit is owner-occupied. Sec. 21.7.7 Reconstruction or Repair of Nonconforming Structure A. If more than fifty percent (50%) of the total appraised value of a nonconforming structure, as determined by the applicable County Appraisal District, is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this Ordinance. B. If less than fifty percent (50%) of the total appraised value of a nonconforming structure, as determined by the applicable County Appraisal District, is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within 365 calendar days following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the 365 calendar day reconstruction period may be extended by the Director of Development Services, at his/her sole discretion. C. If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be reestablished subject to the limitations on expansion set forth in section 21.7.4 above. D. Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this UDC. E. Nothing in this UDC shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50%) of the structure’s appraised value, as determined by the applicable County Appraisal District. Sec. 21.7.8 Relocation of Nonconforming Structure No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district in which the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the City, and may also require platting of the intended building site as well as Site Plan approval pursuant to this UDC. Sec. 21.7.9 Nonconforming Lots A. The following types of platted lots shall be deemed in conformance with the provisions of this UDC, notwithstanding the fact that such lot does not meet the standards of this UDC in the zoning district in which it is located: 1. Any vacant lot that conformed to the City’s zoning district regulations at the time that it was platted; or Article 7 – Nonconforming uses, Lots and Structures Schertz Unified Development Code 7-4 2. Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located. B. Nothing in this UDC shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this UDC. C. A lot of record located within the RA zoning district that is nonconforming may be occupied by a single-family dwelling provided that all applicable zoning standards with regard to building setbacks, building size and design criteria are met. Sec. 21.7.10 Validation A. Within the City, there exist on the effective date of this UDC in the following subdivisions: Belmont Park; Kramer Farm; Whisper Meadows; Northcliffe II; Tanglewood; Wynn Brook; Jonas Woods Unit 1 Lots 1-18, Block 3; Jonas Woods Unit 1 Lots 1-29, Block 2; Jonas Woods Unit 1 Lots 1-18 and 51-65, Block 1; Jonas Woods Unit 4; The Ridge at Scenic Hills; Fairhaven; The Links at Scenic Hills; and The Fairways at Scenic Hills (the Subdivisions); structural encroachments onto platted setbacks; plats with improperly designated setbacks or improper lot sizes; and, improper master plans. It is the intent of this section to validate such improper encroachments, plats, and master plans and to determine that such improper encroachments, plats, and master plans are deemed not to be in violation of this UDC, but only so long as the conditions within this section 21.7.10 of this UDC are met. The provisions of this section shall be limited to validate only the improper encroachments, plats, and master plans in existence on the effective date of this UDC in the Subdivisions. B. The portions of existing structures encroaching onto platted setbacks in any of the Subdivisions on the effective date of this UDC (Validated Encroaching Structures) shall not be enlarged upon, expanded, or extended into the platted setback area. C. If more than fifty percent (50%) of (i) the total square footage of a Validated Encroaching Structure or (ii) the total appraised value of the Validated Encroaching Structure, as determined by the applicable County Appraisal District, is destroyed by fire, the elements, or some other cause, the Validated Encroaching Structure may not be rebuilt within the platted setback, except as may otherwise be permitted by this UDC (other than this section). If fifty percent (50%) or less of (i) the total square footage of a Validated Encroaching Structure or (ii) the total appraised value of the Validated Encroaching Structure, as determined by the applicable County Appraisal District, is destroyed by fire, the elements, or some other cause, the Validated Encroaching Structure may be reconstructed as it was before the partial destruction but only to its original dimensions and footprint area within the platted setback, and provided that such reconstruction is completed within 365 calendar days following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, the 365 calendar day reconstruction period may be extended by the Director of Development Services, at his/her sole discretion. D. No Validated Encroaching Structure encroaching onto a platted setback shall be moved in whole or in part to any other location on the lot, unless every portion of such structure after such relocation is out of the platted setback and is in compliance with all the requirements of the zoning district for such lot and all other applicable requirements of this UDC and other applicable codes or ordinances of the City in effect at such time. E. If application is made to have plats with improper setbacks, plats with improper lot sizes, and/or existing master plans for any of the Subdivisions replatted or amended, any such Article 7 – Nonconforming uses, Lots and Structures Schertz Unified Development Code 7-5 replats or amendments shall be required to be in conformity with the provisions of this UDC (other than this section) and with all other applicable City codes or ordinances that are in effect at the time application for amendment or replatting is made. F. This section is subject in all events to the property owner’s rights set forth in LGC Chapter 245. End of Article 7 Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-1 8.Article 8 Special Uses and General Regulations Sec. 21.8.1 Secured (Gated Communities) A. Purpose To achieve orderly development of secured (gated) communities, to promote and develop the utilization of land to assure the best possible community environment in accordance with the Comprehensive Land Plan and to protect and promote the health, safety and general welfare of the City. B. Establishment of a Secured (Gated) Community 1. Minimum Size The minimum acreage requirement for a secured (gated) community shall be seventy five (75) acres. 2. Master Plan Required A master plan shall be required for all proposed secured (gated) communities and shall be submitted in accordance with section 21.12.5 and shall illustrate the security system to be used, the type of fence, and the type of gate (electric/manual/etc.) to be used. All secured (gated) communities shall be surrounded by a masonry or wrought iron fence with at least two (2) entrances, electronically or manually controlled gates and shall be administered by a Homeowner’s Association. Entry and exit ways to secured (gated) communities shall have a minimum width of twenty feet (20’) when the gate is fully opened and shall be equipped with a Knox key entry system as approved by the Fire Department. 3. Conflict with Thoroughfare Plan a. A secured (gated) community shall not cross an existing or proposed thoroughfare as shown on the City’s Thoroughfare Plan. b. A secured (gated) community shall not disrupt or cross an existing or proposed public pedestrian pathway, hike and bike trail, park or other public facility as shown on the City’s Thoroughfare Plan or Parks and Open Space Master Plan. C. Homeowners Association (HOA) 1. A HOA shall be established for a secured (gated) community and creation shall be so noted on the plat. The following "Maintenance Agreement" statement shall appear on the final plat: “Streets within this subdivision shall be constructed in accordance with the City of Schertz public streets standards. The upkeep and maintenance to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts shall be the responsibility of the HOA. The City of Schertz is released from any liability of these streets. Periodic inspection by a public official who is authorized to enforce complaints about poor maintenance is permitted.” 2. The HOA shall be directly responsible to, and controlled by the property owners involved, to provide for operation, repair and maintenance of all common areas, fences, walls and all common facilities including, but not limited to, streets, sidewalks or other infrastructure that are part of the common facilities. 3. The City shall be granted permission for and practical access at any time without liability when on official business and further, to permit the City to remove any Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-2 obstructions including, but not limited to, any gate and guard house, upon noncompliance by the HOA or if necessary for emergency vehicle access. The cost of removal of any obstruction shall be assessed to the owner or if a common facility, to the HOA. 4. The HOA shall provide access for fire, ambulance, and police services, mail deliveries, school buses, garbage pickup, and utilities. Access must not require drivers to exit their vehicles. 5. Repair and maintenance of common facilities shall be conducted on a schedule acceptable to the City and shall be undertaken promptly by the HOA. D. Controlled Access When there is a controlled access to a subdivision, whether it is a mechanical device or a security guard, the maintenance and upkeep will be the responsibility of the Homeowners Association. Access at all times by public safety personnel must be guaranteed. E. Private Streets 1. All streets and sidewalks within a secured (gated) community shall be private streets, shall be maintained by the HOA, and shall be constructed in accordance with City standards. 2. If repairs and maintenance are not performed by the HOA, the City shall have the authority to undertake any necessary repairs or maintenance and shall be reimbursed by the HOA. A statement shall be added to the plat which provides for maintenance of streets by the HOA and authorizes the City to perform such repairs or maintenance at the expense of the HOA. F. Converting Private Streets to Public Streets 1. Upon a written request signed by HOA officers and submitted to the City Council, dedication of private streets to the public may be accomplished providing that private streets are brought up to the standards for public streets in the City and upon approval by the City Council. 2. The written request shall be accompanied by a petition containing the signatures of the owners of 100% of the existing lots in the subdivision. 3. All repairs, maintenance, or reconstruction of private streets shall be approved and accepted by the City prior to conversion. All conversion dedication costs shall be paid by the HOA. Sec. 21.8.2 Accessory Uses and Structures A. No accessory use or structure shall be permitted without a primary use or structure. B. No accessory building, as permitted herein, shall occupy more than forty (40%) percent of the required rear yard. C. Accessory buildings shall be set back three feet (3’) from common property lines and may not be located within an easement. D. No accessory building may be closer than ten feet (10’) to the main building. E. No detached accessory use or structure shall be allowed in the front yard. Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-3 F. Attached accessory uses or structures shall comply with the front, side and rear setbacks and height restrictions established for the primary structure and/or this section. G. The wall height of the accessory building shall be limited to not more than eight feet (8’) and total building height shall not exceed fifteen feet (15’). This is only applicable to platted subdivisions with a specific lot size e.g. eighty feet (80’) by one hundred feet (100’) and is not intended to be applicable for one-owner multiple acre residence. In this instance, a variance is not required and the total building height cannot exceed thirty-five feet (35’). H. Storage buildings that are accessory to a principal residential use on the same lot shall require administrative Site Plan approval prior to building permit issuance. I. The minimum separation between a main structure and detached accessory structure other than a carport shall be ten feet (10’). J. The minimum separation between the main building and an in-ground or above-ground pool, spa, hot tub, playhouse, sauna or gazebo which does not exceed one story in height may be less than ten feet (10’) if the structure is contiguous with or an integral part of the main building, and/or the accessory building is engineered by a professional engineer to ensure the integrity of the existing (main building) foundation. 1. Such plans indicating the design for any such structure shall be submitted to the Building Inspector for review in connection with the issuance of a building permit; and 2. Setback distances for in-ground or aboveground pools, spas, hot tubs and saunas shall be measured to the outside edge of the beam (structural edge) of the pool, spa, etc. Sec. 21.8.3 Carports A. Carports 1. Multifamily/Non-residential Districts a. Carports shall be allowed in multifamily and non-residential districts. b. Carports shall be located within all building setbacks. c. Carports shall not be located within required landscaping areas. d. The maximum height of the carport entry shall be ten (10) feet. e. All parking spaces located under the carport shall be of asphalt or concrete. f. Carports shall be structurally sound, as determined by the Building Official. 2. Manufactured Home Subdivisions and Parks a. A carport may not be constructed in such a way that any part of the structure encroaches into a required setback as set by the underlying zoning district. b. The maximum height of the carport entry shall be ten feet (10'). c. Driveways to the carport and parking spaces under the carport shall be constructed of asphalt or concrete. d. Parking spaces shall be a minimum of ten feet (10') by twenty feet (20'). e. The carport shall be structurally sound as determined by the Building Official. f. The carport must not drain directly or indirectly onto neighboring properties. Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-4 B. Porte-cocheres 1. Single family and duplex Districts a. Shall be attached to a residence and shall be an integral part of the primary structure; b. Shall not encroach into a required setback as set by the underlying zoning district; c. Shall be erected over a driveway constructed of asphalt or concrete; d. Shall not exceed one (1) story in height; e. Shall be open on two (2) or more sides; f. Shall be constructed of the same material as the primary structure; and Sec. 21.8.4 Home Occupations A. Purpose and Intent. 1. Protect residential areas from adverse impact of activities associated with home occupations. 2. Permit residents of the community a reasonable choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income. 3. Establish criteria and development standards for home occupations conducted in dwelling units. B. Home Occupations--Required Conditions 1. 1. The area set aside for home occupations shall not exceed twenty (20%) percent of the total floor area of such residence. 2. No interior or exterior business sign shall be permitted. 3. No mechanical equipment shall be used except of a type that is similar in character to that normally used for purely domestic or household mechanical equipment as for hobby purposes in conjunction with the home occupation. 4. Retail sales shall be prohibited on the premises. 5. No more than one person other than the immediate family permanently residing on the premises shall be employed in the home occupation. 6. No more than one home occupation shall be permitted within any single dwelling unit. 7. A home occupation shall be carried on wholly within the principal building. No home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached, excluding paints and chemicals that may be used in the home occupation. 8. There shall be no exterior indication of the home occupation or variation from the residential character of the principal building. 9. There shall be no exterior storage of materials to be used in conjunction with a home occupation. 10. A home occupation shall produce no offensive noise, vibration, smoke, electrical interferences, dust, odors, or heat detectable beyond the property limits or beyond the Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-5 walls of the dwelling unit. The judgment of the City’s Code Enforcement Officer pertaining to a violation under this section shall be considered decisive and final unless formally appealed to the BOA within thirty (30) days of the Code Enforcement Officer’s written determination. 11. All home occupations may be subject to periodic inspections by the City. C. Home Occupation Permit. 1. Purpose To establish a method to allow the City to regulate and control nonresidential activities and maintain a record of the types and numbers of home occupations in the City. 2. Permit Required. Each resident within the City who has, or desires to establish an authorized home occupation, is required to have a home occupation permit. 3. Application for Home Occupation Permit. a. Applicant shall apply to the City’s Building Official for a home occupation permit. b. The Building Official or his/her designee may issue the permit if the home occupation meets all the requirements established in Paragraph B. c. The decision of the Building Official or his/her designee may be appealed to the BOA in accordance with section 21.4.14. d. The BOA will be the final judgment on appeals which must be submitted to the BOA within thirty (30) days after disapproval by the Building Official. e. Supporting Documents i. Signed statement One type of supporting evidence that may be submitted to the BOA for their consideration of an appeal is a signed statement by each property owner up to two hundred feet (200') of the property on which the home occupation is to occur, stating that the property owner has no objection to the existence of the proposed home occupation. An example of such a statement is as follows: "I (name) the property owner at (address) have been advised by (name of home occupation applicant) of the request to the City for a Home Occupation Permit for the purpose of conducting (type of home occupation) and I have no objection to the home occupation permit being granted for the purpose reflected in this statement. Signature of neighboring property owner and date" ii. Statement from property owner An applicant who is renting the property on which a home occupation permit is requested shall obtain a written statement from the owner of the property. The owner will state that he/she has no objection to the home occupation on the property. iii. Persons with demonstrated physical handicaps Persons with physical handicaps may be permitted special consideration. The applicant may request a waiver of a portion or all of one or more of the requirements for a home occupation. iv. Granting of exception Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-6 It shall be the responsibility of the applicant to submit sufficient evidence to justify the granting of an exception to any of the requirements in Paragraph B. f. Conditions Applicable to Home Occupation Permits i. Validation A home occupation permit remains valid for a period of one (1) year. ii. Renewal Permits shall be renewed annually. iii. Inspection The Building Official or his/her designee is authorized to periodically enter the premises to ensure full compliance with these requirements. iv. Termination When a home occupation is found in noncompliance with the requirements outlined in Paragraph B, the permit will be terminated immediately. v. Renewal of terminated permits The procedure for renewal of a terminated permit shall be the same as required for the issuance of a new permit under this section. Sec. 21.8.5 Lighting and Glare Standards A. Purpose and Intent The purpose of this section is to regulate outdoor lighting in order to reduce or prevent light pollution in the City. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces privacy, degrades the enjoyment of the night sky, and results in higher energy use and increased costs for everyone. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents, and will help preserve the historic and rural character of the City. B. Applicability 1. The regulations contained in this section are applicable only within the corporate limits of the City. 2. Compliance with the regulations in this section is strongly encouraged for improvements and developments within the ETJ in order to prevent light pollution and preserve the rural and historic character of the City. City. 3. All outdoor lighting fixtures installed on private and public property within a new development or redevelopment within the City limits shall be required to comply with this UDC. This UDC does not apply to interior lighting; however, overly bright lighting emitted from a structure will be subject to this UDC if it is determined by the Director of Development Services that it creates a nuisance or a potential safety hazard. 4. All outdoor lighting fixtures existing and legally installed and operating before the effective date of this UDC shall be exempt from this UDC unless they are determined to Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-7 create a safety hazard. When existing lighting fixtures become inoperable, their replacements are subject to the provisions of this UDC. 5. Modifications to nonconforming lighting fixtures shall also comply with this section. 6. In the event of a conflict between this section and any other section of this UDC or any other regulation of the City, the more stringent requirements shall apply. C. Exemptions The following are exempt from the provisions of this UDC: 1. Publicly maintained traffic control devices; 2. Street lights installed prior to the effective date of this UDC; 3. Temporary emergency lighting (fire, police, repair crews); 4. Lighting fixtures and illumination requirements imposed by TxDOT within TxDOT rights of way (ROW); 5. Moving vehicle lights; 6. Navigation lights (aircraft warning beacons on water towers and wireless transmission facilities) required by State or Federal law; 7. Signs and associated lighting that conform to the sign regulations of this section; 8. Seasonal decorations with lights in place no longer than sixty (60) days; 9. Sports field lighting; 10. Other temporary uses approved by the City Council (festivals, carnivals, fairs, night-time construction); 11. Covered porch lighting on residences provided that each external light fixture does not exceed one-hundred fifty (150) watts; and 12. Security lights of any output that are controlled by a motion sensor switch provided they do not exceed 0.25 footcandle at the property line and do not remain illuminated for a duration not to exceed ten to twelve (10-12) minutes after activation. D. Submittals Applications for all building permits for new construction or redevelopment, including the installation of outdoor lighting fixtures, shall provide proof of compliance with this UDC. The submittal shall contain the following information as part of the Site Plan: 1. Plans indicating the location, type, and height of lighting fixtures including both building mounted and ground mounted fixtures; 2. A description of the lighting fixtures, including lamps, poles or other supports and shielding devices, which may be provided as catalog illustrations from the manufacturer; 3. Photometric data, which may be furnished by the manufacturer, showing the angle of light emission; 4. Detailed site lighting plan illustrating the footcandle power measured throughout the site; and 5. Additional information as may be required by the Planning and Zoning Commission in order to determine compliance with this UDC. E. General Standards Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-8 The following standards shall apply to all outdoor lighting installed after the effective date of this UDC: 1. Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive glare onto adjacent properties and public street rights of way. 2. Outdoor lighting must be hooded, shielded, and/or aimed downward. 3. The hood or shield must mask the direct horizontal surface of the light source. The light must be aimed so as to ensure that the illumination is only pointing downward onto the ground surface or into the building. No illumination may spill onto adjacent property. 4. Any bright light shining onto an adjacent property or street that would result in a safety hazard is not permitted. Light trespass beyond property boundaries or above the horizontal plane shall be considered non-compliant. 5. Existing fixtures may be adapted to comply with this UDC by adding a properly designed hood or shield, or by redirecting any upward mounted fixture downward onto the ground surface, sign, or illuminated structure. 6. All outdoor lighting fixtures shall be designed, located, and maintained to minimize light trespass and all direct illumination shall be kept within the boundaries of the property upon which the light fixture is positioned. 7. When approved, accent lighting shall be directed downward onto the structure or object and not toward the sky or adjacent properties. Direct light emissions shall not be visible above the roofline or beyond the building edge. 8. Spotlights on landscaping and foliage shall be limited to one hundred and fifty (150) watts output. The light shall be shielded and so as not to create a nuisance or safety hazard. F. Specific Nonresidential Lighting Requirements 1. The maximum allowable intensity of lighting for any nonresidential use shall be 0.25 footcandles measured at the property line adjacent to any residentially zoned area or at the street ROW line when the residentially zoned area is separated by a public street ROW. 2. Light poles shall be placed on the site at a setback equal to their height from all adjacent residential property or street rights-of-way. 3. Light poles shall have a maximum height equal to the maximum height allowed for the main building in each zoning district or shall be equal in height to the tallest building located on the property in which the light is placed, whichever is less. Sec. 21.8.6 Telecommunications Antennas A. Purpose The purpose of this section is to further an overall plan for the enhancement of public safety, consistent community development, preservation of property values and the general welfare of the City while providing for the communication needs of the residents and businesses in the City. Additional purposes of this section are: 1. Ensure that their location and use do not compromise the aesthetic quality of the community; Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-9 2. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City; 3. Encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal; 4. Encourage co-location on both new and existing antenna facilities; 5. Encourage operators of antenna facilities and antennas to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques; and 6. Enhance the ability of wireless telecommunication providers to provide services to the community effectively and efficiently. B. Applicability Except as specifically provided, all new Telecommunications Towers or Antennas in the City shall be subject to the regulations contained in this section. Preexisting Towers or Antennas lawfully in existence on the effective date of this UDC shall not be required required to meet the requirements of this UDC, other than those contained in sections 21.8.6.C.9 and 21.8.6.C.11 below. Table 21.8.1 Telecommunication Facility Permitting Requirements Type of Facility Building Permit Required SUP Required Satellite Receive Only < 1 meter No No Satellite Antenna > 1 meter in Commercial Area Yes No Satellite Antenna > 1 meter in Residential Area Yes Yes Amateur Radio Antenna Complying with Height Limits Yes No Amateur Radio Antenna Exceeding Height Limits Yes Yes Television Antennas No No Level 1 Stealth Facility in FC, UR, WC or DR District Yes No Level 2 Stealth Facility in FC, UR or WC District Yes No Level 2 Stealth Facility in DR District Yes Yes Level 3 Stealth Facility in FC, UR or WC District Yes No Level 3 Stealth Facility in DR District Yes Yes Level 4 Stealth Facility in FC or UR District Yes No Level 4 Stealth Facility in WC or DR District Yes Yes Monopole Tower up to 120 Feet in Height in FC, UR or WC District Yes Yes Monopole Towers In DR Districts or Over 120 Feet Tall Prohibited Prohibited C. General Regulations The following regulations apply to all antenna facilities and antennas located within any district: 1. Telecommunications Antennas Subject to the second sentence of this paragraph, telecommunications antennas shall be placed on City towers or other City facilities designated from time to time by the City if the City determines that an appropriate City tower or other City facility is in the required signal area and that there is available antenna space on such City tower or other City facility. If the City makes such determinations but the applicant prefers to locate its telecommunications antenna(s) on another tower or facility, the applicant Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-10 must provide an engineering study reasonably acceptable to the City Manager or his/her designee that the City-designated location is not in the appropriate signal location or that there is insufficient antenna space at the City-designated location The City Manager may, in his/her sole discretion, waive the requirements of this section, and this section shall not prohibit an applicant from placing its telecommunications antenna(s) on its own commercial facilities or offices in the City. Telecommunications antenna(s) placed on the applicant’s own commercial facilities or offices must be affixed to the building’s exterior and may not extend more than six feet (6’) above the top roof line of the building, unless the City Manager, in her/her sole discretion, authorizes a higher location. The applicant shall contact the City Manager or his/her designee regarding City leasing requirements. 2. Equipment Storage Building An Equipment Storage Building associated with an Antenna Facility or an Antenna shall be screened and landscaped as described in other sections of this ordinance, or be incorporated into the stealth treatment so that it is consistent and complementary with the existing structures and uses on the premises. All Equipment Storage Buildings must be constructed of a masonry material or enameled metal. Alternative materials may be permitted upon approval by the City Council and recommendation by the Planning and Zoning Commission. The base of all tower facilities must be screened with a masonry wall that will completely screen the Equipment Storage Building. 3. Driveway Surfaces All Telecommunication Tower Facilities must have an access drive that is constructed of asphalt or concrete. One (1) off-street parking space must be provided at each telecommunication tower facility. 4. Lights No outdoor lighting shall be allowed on any Antenna Facility except lights or lighting that is by required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC). 5. Antenna Facility Capacity All new Antenna Facilities must be structurally designed to allow for at least two (2) sets of antennas. 6. Tower Types Only monopole, alternative mounting structures or stealth towers are permitted in the City. 7. Prohibited in Easements Antenna facilities shall not be placed in easements unless authorized by the easement holder. 8. Construction Standards A building permit must be obtained prior to the construction or installation of any Antenna Facility. An Antenna Facility must be installed according to the manufacturer’s recommendations and under the seal of a professional engineer registered in the State. Additionally, all Antenna Facilities shall comply with applicable state and local building codes. 9. Building Codes /Safety Standards To ensure the structural integrity of Antenna Facilities, the owner of an Antenna Facility must ensure that it is maintained in compliance with all provisions of the City’s building building code and zoning regulations. If upon inspection, the City concludes that an Antenna Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-11 Facility fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the Antenna Facility, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the Antenna Facility by the owner and at the owner’s expense. This notice requirement shall not preclude immediate action by the Building Official as allowed by law if public safety requires such action. 10. Contained on Property No part of an Antenna Facility, antennas, or other attachment may extend beyond the property lines or required building lines of the lot on which the antenna or Antenna Facility is located. 11. State or Federal Requirements All Antenna Facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. A copy of an approval letter from any state or federal controlling agency shall be provided with every application for a telecommunications tower. 12. Variance Requirement A variance granted by the BOA, pursuant to section 21.4.12 of this UDC, is required for an Antenna or Antenna Facility which will not comply with the requirements of this section unless otherwise specified herein. D. Amateur Radio Antenna and TV Antennas Amateur Radio Antenna and TV Antennas are allowed as accessory uses in the R-1, R-2, R-3, R-4, GH, R-6, R-7, R-A, MHS, MHP, or any residentially zoned PDD. Amateur Radio Antennas and TV Antennas must comply with the following regulations: 1. Antenna Location Amateur Radio Antennas and TV Antennas can only be located on a roof or in the back yard of a residence. 2. Number of Facilities Per Lot No more than one (1) TV Antenna and one (1) Amateur Radio Antenna are permitted on each lot. Amateur Radio Antennas are only permitted for operators that have an amateur radio operator license from the FCC and the operator must provide the City proof of a current FCC license before an Amateur Radio Antenna is installed or maintained on a lot. 3. Height Limitations An Amateur Radio Antenna or TV Antenna can not extend more than eight (8) feet above the maximum height limitation applicable for the zoning district. 4. Setbacks Amateur Radio Antennas or TV Antennas are not permitted within any required setback area. Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-12 E. Satellite Receive Only Antennas, Less Than One (1) Meter in Diameter Satellite dish receiving antennas, one (1) meter or less in diameter shall be permitted as an accessory use in the R-1, R-2, R-3, R-4, GH, R-6, R-7, R-A, MHS, MHP, or any residentially zoned PDD. Satellite Receive Only Antenna must comply with the following regulations: 1. Antenna Location Satellite Receive Only Antenna less than one (1) meter in diameter can only be located on a roof or in the back yard of a residence. 2. Number of Facilities Per Lot No more than one (1) Satellite Receive Only Antenna less than one (1) meter in diameter is permitted on each lot. 3. Height Limitations A Satellite Receive Only Antenna less than one (1) meter in diameter can not extend more than eight (8) feet above the maximum height limitation applicable for the zoning district. 4. Setbacks Satellite Receive Only Antennas less than one (1) meter in diameter are not permitted within any required setback area. F. Satellite Antennas Greater Than One Meter in Diameter A Satellite Antenna greater than one (1) meter in diameter is permitted as an accessory use under the following conditions: 1. Nonresidential Zoning Districts Satellite Antennas greater than one (1) meter in diameter is an accessory use permitted by right in nonresidential zoning districts. 2. Residential Zoning Districts Satellite Antennas greater that one (1) meter in diameter are only allowed in residential zoning districts upon the approval of an SUP granted by the BOA. 3. Height Satellite Antennas greater than one (1) meter in diameter shall not exceed ten feet in height above the base of their mount. 4. Location Satellite Antennas greater than one (1) meter in diameter can not be erected in any required setback or in the front of residential structures. 5. Screening Satellite Antennas greater than one (1) meter in diameter that are mounted on the ground shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of a least six (6) feet. G. Placement of Antenna Facilities This section does not apply to amateur radio, TV, and satellite receive-only antennas. For the purpose of determining the appropriate locations for the placement of antenna facilities, the City is divided into land use threshold areas that establish different regulations Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-13 pertaining to height, location, and type of Antenna Facility. These land use thresholds are defined as follows: 1. Full Commercial ("FC") Property within the OP, NS, GB, GB-2, M-1, M-2, or non-residential Planned Development zoning districts. 2. Undeveloped Residential ("UR") Property within R-1, R-2, R-3, R-4, GH, R-6, R-7, R-A, MHS, MHP or any residentially zoned PDD, that: a. Is not a part of a recorded subdivision; or b. Is a part of a recorded subdivision but has not had a building permit issued for a residential structure; and c. Is not located within the calculated limits of the Developed Residential ("DR") threshold. 3. Wireless Corridors ("WC") Property within, and one hundred fifty feet (150’) either side of, the right-of-way of a freeway or a principal arterial roadway, as indicated on the Major/Minor Thoroughfare Plan. 4. Developed Residential ("DR") Property within the R-1, R-2, R-3, R-4, GH, R-6, R-7, R-A, MHS, MHP, or any residentially zoned PDD, which: a. Is a recorded subdivision that has had at least one building permit for a residential structure; or b. Is within six hundred feet (600’) of areas described in paragraph 4.a. H. Antenna Facility Impact Levels For the purpose of determining appropriate locations for Antenna Facilities, the City recognizes differing levels of impact for antenna facilities depending upon physical location, aesthetics, and land use compatibility. These Antenna Facility impact levels are described as follows: 1. Monopole: A monopole tower requires an SUP. The antenna equipment may not extend more than five feet (5’) above the highest point on the monopole. 2. Level 4 Stealth Facility: The antenna on a Level 4 Stealth facility is located on an existing structure (other than a telecommunications tower) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna is neither screened nor hidden. For the purpose of this level, a pole or tower may be reconstructed to Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-14 structurally hold the antenna but the height of the structure can not be increased. 3. Level 3 Stealth Facility: The antenna on a Level 3 stealth facility is located on an existing structure (other than a telecommunications tower) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna shall be aesthetically painted, constructed, or applied with material so that it is incorporated into the pattern, style, and material of the structure to effectively render the antenna unnoticeable. A new structure may be constructed to hold or house the antenna or equipment; however, the structure must be consistent with the overall architectural features of the primary buildings 4. Level 2 Stealth Facility: The antenna on a Level 2 stealth facility is attached to the structure in such a manner that if it is seen it appears unrecognizable as an antenna, and the structure in which or on which the antenna is attached is an integral part of an overall development. 5. Level 1 Stealth Facility: The antenna on a Level 1 stealth facility is attached to the structure in such a manner that the antenna is completely unseen and the structure in which or on which the antenna is attached is an integral part of an overall development. I. Antenna Facility Siting Matrix Antenna facilities shall be located in accordance with the following siting matrix. This matrix provides for areas where antenna facilities may be located as permitted uses, areas where they may be located with an SUP, and areas where they are prohibited. Table 21.8.2 Antenna Facility Siting Matrix Permitted Use Requires an SUP Prohibited Monopole over 120 ft. Monopole up to 120 ft. Level 4 Stealth Facility Level 3 Stealth Facility Level 2 Stealth Facility Level 1 Stealth Facility FC UR WC DR J. SUP Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-15 When an SUP is required by this section for the location of an Antenna Facility or an antenna, the applicant must submit an application in accordance with the procedure established in this UDC. SUPs to this section are granted by the City Council, upon recommendation of the Planning and Zoning Commission in accordance with section 21.5.11 of this UDC. 1. Application In order to properly evaluate an application to locate an Antenna Facility or an antenna that requires an SUP, the applicant must provide the following information: a. An SUP application and appropriate application fee; b. A narrative detailing the proposed Antenna Facility. The narrative must indicate the following: i. Whether the proposed structure is a co-location, a new monopole tower or a new alternate mounting structure; ii. The height of the proposed tower; iii. Why the Antenna Facility is necessary at the proposed location; iv. The name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user; v. Whether the applicant has made an effort to co-locate the facilities proposed for this Antenna Facility on existing antenna facilities in the same general area, identifying the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible; vi. All studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage; vii. Written documentation from existing sites' owners and/or operators which confirm the statements provided; viii. Whether the existing sites allow/promote co-location and, if not, describe why not; ix. Whether co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis of each reason; and x. All state or federal agency approval letters. c. Provide a Site Plan of the proposed Antenna Facility at a scale of 1” = 30’. The Site Plan should be on a single 24” X 36” sheet and include: i. A survey and legal description of the proposed Antenna Facility; ii. A detail on how access to the site is to be achieved; iii. A plan view layout of the proposed Antenna Facility clearly showing: (a) The location of the facility; (b) All equipment and structures in the proposed Antenna Facility; (c) The required off street parking space; (d) Distances to property lines; (e) Required setbacks; (f) Adjacent land uses and zoning designations; Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-16 (g) Existing structures on the site; (h) Required landscaping or screening of the base of the tower; (i) All recorded and proposed easements; and (j) Natural features, such as water courses and trees. d. Elevation drawings showing: i. The design and height of the proposed Antenna Facility; ii. Detailed drawings of all structures and equipment; and iii. Screening requirements. e. If the requested location is in a residential district the applicant must provide evidence that they have made an effort to locate the facility in a nonresidential district, identify the location of these nonresidential district sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage. f. Provide a map showing the proposed provider's current coverage area for the City. The map must show the roadway network and be labeled. The applicant must also provide propagation analysis showing the areas the proposed provider's existing antenna currently covers, the areas the applicant's existing sites and the requested site would cover. The propagation analysis must be labeled and have a legend. g. Describe the applicant's master antenna facilities plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan. 2. Consideration of Application In considering whether to grant an SUP, the City Council and Planning and Zoning Commission shall consider the following: a. The appropriateness of the location and design of the Antenna Facility; b. The potential for interference with the enjoyment of the use surrounding properties; c. Aesthetics; d. Impact, including but not limited to, the surrounding topography, surrounding tree coverage and foliage; e. Proposed buffering; f. The design of the Antenna Facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. The proposed height of the Antenna Facility relative to surrounding structures; h. The zoning district and the adjoining zoning districts of the property for which the SUP is sought; i. The compliance with the City’s regulations; and j. The availability of suitable alternative sites. Suitable alternative site(s) shall mean a location or locations that would provide the same or better signal coverage than the proposed site for which an SUP is requested. The applicant Article 8 – Special Uses and General Regulations Schertz Unified Development Code 8-17 shall provide documentation supporting his contention that alternative site(s) are not suitable and/or available. 3. Procedures for Consideration of an SUP The procedures for consideration of an application for an SUP requested under this section shall be in accordance with section 21.5.11 of this UDC. K. Written Report Denial of an application for an SUP under this section must be documented in writing in accordance with the requirements of the Telecommunications Act of 1996 as amended. End of Article 8 Article 9 – Site Design Standards Schertz Unified Development Code 9-1 9.Article 9 Site Design Standards Sec. 21.9.1 General Design Standards A. Conformity with Comprehensive Land Plan All subdivisions shall conform to the Comprehensive Land Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities, as well as other provisions of this and other present ordinances and codes. Standards and design criteria contained herein and in the Public Works Specifications Manual represent minimum values considered necessary for the health, safety and welfare of the community. The design engineer and developer are required to meet or exceed the requirements of these standards by providing a more conservative design criteria. However, they shall not permit their design to fall below the standards of this UDC. Where there is a conflict between the regulations contained within this Article and regulations or standards contained within any other ordinance or code of the City, the more restrictive regulation shall apply. Approval of plans and specifications by the City shall not be construed as relieving the design engineer/developer of responsibility for compliance with this UDC, nor with any other local, county or state authority having jurisdiction. The Planning and Zoning Commission shall approve no plat, and no completed improvements shall be accepted unless they conform to standards and detailed specifications as contained in this UDC. B. Achieving Desirable Neighborhood Development Residential subdivisions shall be designed to take advantage of the principles and general designs for neighborhood development as established by the Comprehensive Land Plan and the Planning and Zoning Commission in order to achieve the most advantageous development of the entire neighborhood unit in which the subdivision is located. C. Provision for Future Subdivision All subdivisions shall be so arranged as to allow logical further subdivision and opening of future streets and shall coordinate with adjoining existing and/or future subdivisions. D. Standards for Site Improvements All streets, alleys, sidewalks, utility installations and other site improvements required to be installed by the subdivider under the provisions of these regulations shall conform to the requirements of this Article and to the Public Works Specifications Manual or other approved agencies responsible for design, construction methods and standards, payments, refunds, credits and other financial arrangements. Sec. 21.9.2 Blocks A. The length, width and shape of blocks will be determined with due regard to: 1. Provisions of adequate building sites suitable to the special needs of the type of use contemplated (note that the Planning and Zoning Commission may require that the block and lot size bear reasonable relation to the planned use of the land); 2. Zoning requirements as to lot sizes and dimensions; and 3. Need for convenient access, circulation, control and safety of street traffic. Article 9 – Site Design Standards Schertz Unified Development Code 9-2 B. In general, intersecting streets shall be used to determine the block lengths and widths, and shall be provided at such intervals as to serve cross traffic adequately, and to meet existing streets or customary subdivision practices. C. A waiver to the standards of this section may be allowed in cases where physical barriers, property ownership or adjacent existing subdivisions create conditions where it is appropriate. The length may be increased or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety. D. In general, block lengths along minor or secondary streets shall not exceed one thousand four hundred feet (1400’) or be less than five hundred feet (500’), and along major streets shall not exceed one thousand eight hundred feet (1800’) or be less than nine hundred feet (900’). 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 twenty-five feet (25’) shall be required. Where a lot sides to any of the above, an additional width of fifteen feet (15’) shall be required. A planting screen or nonaccess easement of at least ten feet (10’) shall be provided along the line of lots abutting a railroad right-of-way, high pressure gas line, industrial area or any other land use which may have a dangerous effect on residential property. F. Residential lots located on a cul-de-sac shall be at least fifty feet (50’) wide at the building line. G. Residential lots shall be oriented to take advantage of topography; the best relationship to the overall design of the neighborhood; and to minimize the effects of any surrounding depreciating land uses. H. There shall be no residential lots facing directly upon a major street. I. All side lines of lots shall be perpendicular to straight street lines and radial to curved street lines except where a waiver to this rule will provide a better street and lot layout. Article 9 – Site Design Standards Schertz Unified Development Code 9-3 J. Every lot shall be provided with adequate access to a public street, either by direct frontage on such street, or by public access easement approved by the Planning and Zoning Commission. Rear and/or side driveway access to major streets shall be prohibited. K. Minimum front and side building setback lines at streets and crosswalks shall be shown on all plats and shall conform to the restrictions, if any, imposed on the subdivision by the subdivider, but in no event shall such setback lines be less than those required by the applicable zoning district. The front line setback shall be measured from the point where the public right-of-way ends to the front face to the building, covered porch, covered terrace or attached accessory building. Sec. 21.9.4 Monuments and Lot Markers A. Permanent Survey Reference Monuments Concrete monuments shall be placed at all block corners, angle points, points of curve, and all corners of boundary lines of the subdivision. A monument shall be made of an iron stake one-half inch (1/2”) in diameter and twenty-four inches (24”) long centered in concrete a minimum of six inches (6”) in diameter and twelve inches (12”) long. The iron stake should be left one-half inch (1/2”) above the concrete with a surveyors’ aluminum or plastic cap, stamped with the surveyors’ registered number or firm. Monuments shall be identified on the plat with elevation and the elevation shall be stamped on top of the monument. B. Other Markers All other survey markers, such as lot corners, shall have an iron stake one-half inch (1/2”) in diameter and twenty-four inches (24”) long and shall be placed flush with the ground, or below ground, if necessary, in order to avoid being disturbed. C. Benchmarks A minimum of two (2) benchmarks shall be established in each subdivision. Benchmarks shall be established on iron rods embedded in concrete monuments six inches (6”) in diameter and set in the ground to a depth of three feet (3’) and set to U.S. National Geodetic Survey datum. Using tops of manholes as a benchmark is not acceptable. D. Monument Placement and Verification Monuments and lot markers shall be set immediately after completion of utility installations and street construction. Prior to acceptance of subdivision improvements by the City, the developer’s surveyor or engineer shall certify that all monuments, benchmarks and markers are in place and correctly positioned. Sec. 21.9.5 Exterior Construction and Design Standards A. Intent It is the intent of these design criteria to provide guidelines for new construction in order to provide an aesthetically pleasing appearance as well as ensure sound construction quality. B. Applicability Article 9 – Site Design Standards Schertz Unified Development Code 9-4 The provisions of this section are deemed to be minimum standards and shall be applicable to all new buildings within the corporate limits of the City. C. Multifamily and Nonresidential Exterior Material Requirements 1. At least 30% of the front façade shall provide, on the ground level floor, windows and doors that allow for visibility into the commercial building or store. Industrial buildings located within the M-1 and M-2 zoning districts may have 15% of the front façade as windows and doors. 2. All structures shall have a front façade constructed of a minimum of 100% masonry, excluding doors and windows. All other façades shall be constructed of a minimum of 75% masonry, excluding doors and windows. 3. Masonry material shall be defined as that form of exterior construction material consisting of brick, stone, stucco, cemetatious fiberboard, split face concrete masonry units and faux stone or brick. D. Multifamily and Nonresidential Façade Articulation The structure shall include articulation in the walls and roof design. Single, uninterrupted surface planes shall be prohibited. The roof of the structure may be a flat roof construction, but shall provide a variation of the roofline, which may include a pitched roof for architectural relief. 1. Horizontal Articulation No building wall shall extend for a distance equal to two (2) times the wall’s height without having an offset of 15% of the wall’s height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane. 2. Vertical Articulation No horizontal wall shall extend for a distance greater than two (2) times the height of the wall without changing height by a minimum of 15% of the wall’s height. E. Residential Exterior Material Requirements For all new residential buildings excluding multifamily structures, the total exterior surface area of the structure, excluding doors, windows, and roofs shall be constructed of a minimum 80% masonry. Sec. 21.9.6 Protection of Natural Features The Planning and Zoning Commission may deny a plat if subdivision design and construction does not meet the minimum requirements of this UDC with respect to preservation of natural features such as large trees, water courses, scenic points, historical spots and similar community assets. Sec. 21.9.7 Landscaping A. Purpose The purpose of this section is to establish landscaping requirements to enhance the community’s ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this section to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment. It is the intent of this section to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can Article 9 – Site Design Standards Schertz Unified Development Code 9-5 contribute to the processes of air purification, oxygen, regeneration, groundwater recharge, noise abatement, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City. B. Enforcement If at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance with standards and criteria of this section, notice by the City may be issued to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have 45 days after the date of said notice to restore landscaping as required. The City may extend the time of compliance based on weather conditions. If the landscaping is not restored within the allotted time, such person shall be in violation of this UDC. C. Installation and Maintenance 1. Prior to issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the Site Plan. 2. The property owner shall be responsible for the maintenance of all landscape areas. The areas shall be maintained so as to present a healthy, neat and orderly appearance at all times. 3. Should any of the plant material used in any landscaping required under this section die, the owner of the property shall have 90 days after notification from the City to obtain and install suitable replacement plant material. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of this UDC. 4. In any case in which a Certificate of Occupancy is sought at a season of the year in which the City determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a Certificate of Occupancy may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been completed provided the applicant posts fiscal surety in a form acceptable to to the City in the amount of the estimated cost of such landscaping. Such surety shall be conditioned upon the installation of all landscaping required by the Landscape Plan within six (6) months of the date of the application and shall give the City the right to draw upon the surety to complete the said landscaping if the applicant fails to do so. 5. Landscaped areas shall be kept free of trash, litter, weeds, and other material or plants not a part of the landscaping. 6. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. 7. All landscape materials shall be installed according to American Association of Nurserymen (AAN) standards. 8. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. D. General Landscaping Requirements 1. Trees planted shall be a minimum of two and one-half inches (2.5”) caliper measured at four feet (4’) above ground level at the time of planting. Article 9 – Site Design Standards Schertz Unified Development Code 9-6 2. All trees planted to meet the minimum landscaping, mitigation or preservations requirements of this section shall be planted so as to provide for no impervious material within the drip line of the tree. For the purposes of determining the drip line to meet the requirements of this section, the drip line radius shall be measured as being ten (10) times the caliper of the tree. For example, a six inch (6”) tree will have a 60 inch or five foot (5’) radius or a ten foot (10’) diameter. Tree wells or tree grates may be utilized to meet the requirements of this section. The City may, at its option, require certification by a registered Arborist that adequate space has been provided for pervious cover beneath the drip line of a tree. 3. Shrubs, vines and ground cover planted pursuant to this section should be good, healthy nursery stock. Shrubs shall be a minimum of one-gallon container size at the time of planting. 4. Grass areas are encouraged to be planted in species normally grown as permanent lawns in the City, including Bermuda, Buffalo Grass, Zoysia, or other drought-tolerant grass. Grass areas may be sodded, plugged, sprigged or seeded, except in swales or other areas subject to erosion which shall require installation of solid sod. 5. New landscaped areas shall be prepared so as to achieve a soil depth of at least six inches (6”). The six-inch (6”) soil depth shall consist of 75% topsoil blended with 25% compost. 6. The use of architectural planters in nonresidential districts may be permitted in fulfillment of landscape requirements subject to approval of the Planning and Zoning Commission at the time of Site Plan approval. 7. Developers and homebuilders are encouraged to use xeriscape plant materials on model homes to promote use of water-wise landscaping. 8. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. 9. Not less than 40% of the total required landscaping shall be located in the designated front yard. E. Landscape Installation Required 1. A minimum of 20% of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum 20% requirement shall apply to each phase as it is developed. 2. All properties shall provide shade trees at a ratio of nine (9) trees per acre (43,560 square feet) of gross lot area. Industrial property shall provide shade trees at a ratio of nine (9) trees per acre, calculated at 60% of the gross lot area or by exclusion of the main enclosure structure ground floor area from the gross lot area, whichever is less. Existing trees may be counted toward meeting the requirements of this section. a. Every single family residential lot shall provide a minimum of three (3) shade trees which shall include a minimum of one (1) tree in the front yard and one (1) tree in the rear yard. b. Any property that is unable to satisfy the tree requirements of this section shall be required to pay tree mitigation fees in accordance with section 21.9.9 of this UDC. 3. The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section. 4. Artificial plants or turf shall not be counted towards meeting the requirements of this section. Article 9 – Site Design Standards Schertz Unified Development Code 9-7 F. Landscape Plan Required A landscaping plan shall be submitted to the City for approval. The landscape plan may be submitted as a part of the Site Plan. The landscape plan shall contain the following information: 1. Location of all existing trees with indication as to those to be preserved; 2. Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscaping features; 3. Species of all plant material to be used; 4. Size of all plant material to be used; 5. Spacing of plant material where appropriate; 6. Layout and description of irrigation, sprinkler, or water system, including placement of water sources; 7. Description of maintenance provisions of the landscaping plan; and 8. Persons responsible for the preparation of the landscape plan. G. Nonresidential and Multifamily Landscape Buffer Requirements In addition to any screening requirements of section 21.9.8, a nonresidential or multifamily use adjacent to a residential use or residentially zoned property shall provide a minimum twenty foot (20’) landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30’) of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty linear feet (50’) of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. H. Parking Area Landscaping Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicle storage that are under, on or within buildings are exempt from these standards. 1. Interior Landscaping A minimum of 10% of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. The following additional criteria shall apply to the interior of parking lots: a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required interior landscape area. c. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 200 square feet or ten feet (10’) by twenty feet (20’) in size. Article 9 – Site Design Standards Schertz Unified Development Code 9-8 d. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. 2. Perimeter Landscaping All parking lots and vehicular use areas shall be screened from all abutting properties with a wall, fence, hedge, berm or other durable landscape barrier. All parking lots and vehicular use areas shall be screened from all abutting public rights-of-way with a wall, berm or combination of hedge and berm. Any living barrier shall be established in a minimum five foot (5’) planting strip. Plants and materials used in living barriers shall be at least thirty inches (30”) high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3’) one (1) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3’) high at time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent residential properties. a. Whenever an off-street parking or vehicular use area abuts a public right-of-way, except a public alley, a perimeter landscape area of at least fifteen feet (15’) in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access ways from the public right-ofway shall be permitted through all such landscaping. b. Whenever an off-street parking or vehicular use area abuts an adjacent residential property line, a perimeter landscape area of at least ten feet (10’) in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for single family residential purposes, a landscape buffer shall include a masonry wall and hedge, or berm which shall be a minimum of three feet (3’) in height and a maximum of eight feet (8’) in height. c. Perimeter landscape areas shall contain at least one (1) shade tree for each fifty linear feet (50’), or fraction thereof, of perimeter area. I. Approved Landscaping Plant List 1. Approved Trees Table 21.9.1 Approved Shade Trees Common Name Scientific Name American elm Ulmus Americana Anaqua Ehretia anacua Arizona cypress Cupressus arizonica Bald cypress Taxodium distichum Bigtooth maple Acer grandidentatum Black walnut Juglans nigra Bur oak Quercus macrocarpa Canby's oak Quercus canbyi Carolina basswood Tilia caroliana Cedar elm Ulmus crassifolia Article 9 – Site Design Standards Schertz Unified Development Code 9-9 Table 21.9.1 Approved Shade Trees Common Name Scientific Name Chinkapin or Chinquapin oak Quercus muhlenbergii Chisos red, Graves Quercus gravesii Durand oak Quercus durandii Fragrant ash Fraxinus cuspidate Green ash Fraxinus Pennsylvania Lacey oak Quercus glaucoides Little, Texas walnut Juglans microcarpa Mexican live or Monterrey oak Quercus polymorpha Mexican sycamore Platanus mexicana Nuttall Oak Quercus nuttallii Pecan Carya illinoensis Red oak Quercus texana Shin oak Quercus mohriana Southern live oak Quercus virginiana Texas ash Fraxinus texansis Texas red oak Quercus buckleyi (texana) Texas sycamore Platanus occidentalis Vasey oak Quercus pungens var.vaseyana Table 21.9.2 Ornamental, Evergreen and Palm Trees Common Name Scientific Name Aleppo pine Pinus halepensis Anacacho orchid tree Bauhinia congesta Bradford Pear Pyrus calleryana California fan (exotic) Washingtonia filifera Carolina buckthorn Rhamnus caroliniana Condalia, brazil Condalia hookeri Crepe myrtle, etc. (exotic) Lagerstroemia indica, fauriei, and X's Desert willow Chilopsis linearis Dwarf Palmetto Sabel minor Eastern red cedar Juniperus virginiana Escarpment live oak Quercus fusiformis Evergreen Sumac Rhus virens Flameleaf sumac Rhus lanceolata Goldenball leadtree Leaucaena retusa Lavender tree Vitex agnus-castus Mediterranean fan palm (exotic) Chamaerops humilius Mexican buckeye Ungnadia speciosa Mexican Palmetto, sable Sabal mexicana Mexican pinyon pine, Remote pine Pinus cembroides Mexican redbud Cercis reniformis Mountain laurel or mescal bean Sophora secundiflora Possum-haw holly Ilex deciduas Rusty blackhaw Viburnum rufidulum Texas Crabapple Mollis texana Texas or Oklahoma redbud Cercis canadensis var. texensis Article 9 – Site Design Standards Schertz Unified Development Code 9-10 Table 21.9.2 Ornamental, Evergreen and Palm Trees Common Name Scientific Name Texas Palmetto, sable Sabal texana Texas persimmon Diospyrus texana Texas Pistache Pistacia texana Texas sophora or Eve's Necklace Sophora affinis Wild olive, Mexican wild olive Cordia boissieri Yaupon holly Ilex vomitoria 2. Approved Shrubs, Vines, Perennials & Ground Cover Table 21.9.3 Approved Shrubs, Vines, Perennials & Ground Cover Common Name Scientific Name Agarita, Agarito Berberis (Mahonia) trifoliata Agarita, Tx. Barberry Berberis spp. Althea, Rose-of-Sharon Hibiscus syriacus American Beauty Callicarpu americana Artemesia Artemesia spp. Asian Jasmine Trachelospermum asiaticum Asparagus Fern Asparagus sprengeri Aster Aster spp. Autumn Sage Salvia greggii Bird of Paradise Caesalpinia gilliesi Blue Sage, Mealy Sage Salvia farenaceae Blue Shrub Sage Salvia ballotaeflora Bottlebrush Callistemon spp Bougainvilla Bougainvillea Brazilian Sky Flower Duranta repens Buckley Yucca Yucca constricta Bush Morning-Glory Ipomea fitulosa Butterfly Bush Buddleia spp. Butterfly Vine Mascagnia spp. Orchid Vine Stigmaphyllon littorale Cape Honeysuckle Tecoma capensis Caroline Jessamine Gelsemium sempervirens Cat Claw Mimosa, Fragrant Mimosa Mimosa bluncifera Century Plant Agave americans Cigar Plants Cuphea spp. Columbine Aquilegia spp. Confederate Jasmine, Star Jasmine Trachelospermum jasminoides Coppertone Loquat Eriobotrya x "Coppertone" Coral Honeysuckle Lonicera sempervirens Coral Vine, Rosa-De-Montana, Queens Wreath Antigonon leptopus Coralberry Symphoricapus orbiculatus Dwarf Nandina Nandina domestics "nana" etc. Dwarf Yaupon Ilex vomitoria nana Elderberry Sambucus Canadensis Article 9 – Site Design Standards Schertz Unified Development Code 9-11 Table 21.9.3 Approved Shrubs, Vines, Perennials & Ground Cover Common Name Scientific Name Evening Primrose Oenothera speciosa Fern Acacia Acacia hirta Firecracker Plant Russelia equisetiformis Fireman's Cap, Coral Tree Erythina crista-galli Four-nerve Daisy Hymenoxys scaposa Frogfruit Phyla humilis Gayfeather Liatris spp. Giant Liriope Liriope gigantea Golden Shrub Daisy Euryops pecinatus African Bush Daisy Gamolepis chrysanthemoides Guara Gaura spp Hawthorn Crataegus spp. Heartleaf Hibiscus Hibiscus cardiophyllus Hibiscus, Texas Star Hibiscus coccineus Hummingbird Bush Anisacanthus spp. Illinois Bundleflower Desmanthus illinoensis Iris Iris spp Italian Jasmine Jasminium floridum Juniper Juniper spp Lady Banksia Rose Rosa Banksiae Lantana Lantana spp. Lily Turf, Liriope (Std., "Big Blue") Liriope muscari vars Lindheimer Senna Cassia lindheimeriana Mexican Bird of Paradise Caesalpinia mexicana Mexican Butterfly Weed Asclepias tuberosa Mexican Flame Vine/Love Vine Senecio confuses Mexican Marigold Tagetes llucida Mexican Oregano Poliomentha longiflora Mexican Shrimp Plant Justicia suberecta Mist Flower Eupatroium spp. Mondo Grass, Monkey Grass Ophiopogon japonica Mountain Sage Salvia regla Nandina Nandina domestics spp. Narrow-leaf Yucca Yucca agustifolia Passion Vine Passiflora allatocaerrulea (P. pfordtii) Passionflower Passifloria incarnate Pigeonberry Rivina humilis Pink Skullcap Scutelleria spp. Pomegranate (Regular and Dwarf) Puncia granatum Prairie Phlox Phlox spp. Primrose Jasmine Jasminum mesnyi Primrose Primrose spp. Prostrate Rosemary Rosemarinus officinales vars. Purple Coneflower Echinacea purpurea Red Yucca Hesperaloe parviflora Rock Rose Pavonia lasiopetala Article 9 – Site Design Standards Schertz Unified Development Code 9-12 Table 21.9.3 Approved Shrubs, Vines, Perennials & Ground Cover Common Name Scientific Name Rosemary Rosemarinus spp. Salvia Salvia spp. Santolina Santolina spp. Shrimp Plant Justicia spp. Silk Tassel Garrya ovata lindheimer Softleaf Yucca Yucca pendula Sotol Dasylirion spp. Spanish Dagger Yucca treculeana St. John's Wort Hypericum spp Texas Clematis, Scarlet Leatherflower Clematis texensis Texas Elbow Bush Foresteriera pubeseebs Texas Silverleaf, Sage, Cenizo Leucophyllum frutescens Texas Wisteria Wisteria macrostachya Thompson Yucca Yucca thompsonia Trumpet Vine,Trumpet Creeper Campsis radicans x "Madame Galen" Turk's Cap Malvaviscus drummondii Twisted-leaf Yucca Yucca rupicola Verbena Verbena spp. Virginia Creeper Parthenocissus quinquefolia Wax Myrtle -Dwarf, Standard Myrica cerifera White Bush Honeysuckle Lonicera albiflora Winecup Callirhoe involuerata Wisteria, evergreen Wisteria millettia veticulata Witchhazel Hamamelis virginiana Yarrow Achillea millefolium Yew Podocarpus macrophyllus Yucca Yucca spp. 3. Approved Ornamental Grasses Table 21.9.4 Approved Ornamental Grasses Common Name Scientific Name Bamboo Muhly Muhlenbergia dumosa Big Bluestern Andropogon gerardii Deer Muhly Muhlenbergia rigens Eastern Gama grass Tripsacum dactyloides Gulf Muhly Muhlenbergia capillaris Indian Grass Sorghastrum natums Inland Sea Oats Chasmanthium latifolium Lindheimer Muhly Muhlenbergia lindheimer Little Bluestem Schizaachyrium scoparium Mexican Feathergrass Stipa tenuissima Pine Muhly Muhlenbergia dubia Seep Muhly Muhlenbergia reverehonii Sideoats grama Bouteloua curtipendula Article 9 – Site Design Standards Schertz Unified Development Code 9-13 Table 21.9.4 Approved Ornamental Grasses Common Name Scientific Name Switch Grass Panicum virgatum Weeping Muhly Muhlenbergia dubioides Western Wheatgrass Agropyron smithii 4. Approved Turf Grasses Table 21.9.5 Approved Turf Grasses Common Name Scientific Name Bermuda grass Cynodon dactylon var. dactylon Buffalograss Buchloe dactyloides Blue Grama Bouteloua gracilis Zoysia Grass Varieties Zoysia sp. 5. Undesirable Trees Table 21.9.6 Undesirable Trees Common Name Scientific Name Arizona Ash Fraxinus velut Ashe-Juniper or Mountain Cedar Juniperus ashei Box Elder Acer negundo Chinaberry tree Melia azedarach L. Chinese Loquat or Loquat Eriobotrya japonica Chinese Parasol/Varnish Tree Firmiana simplex Chinese Tallow Sapium sebiferum Golden-Rain Tree Koelrenteria paniculata Huisache or Sweet Acacia Acacia farnesiana Japanese Plum Prunus salicina Ligustrum or Privet Ligustrum japonicum Lombardy Popular Populus nigra "italica" Mesquite Prosopis Prosopis glandulosa Mimosa Albizia julibrissin Paper Mulberry Broussonetia papyrifera (L.) L=(Her. ex. Vent.) Saltcedar Tamarix ramosissima Ledeb. Sugarberry or Hackberry Celtis laevigata Tree of Heaven Ailanthus altissima Sec. 21.9.8 Screening A. Fences and Screening in Residential 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 four feet (4’) in height. Fences Article 9 – Site Design Standards Schertz Unified Development Code 9-14 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. 2. Fence Materials a. Materials Permitted i. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction. ii. Decorative fences shall be constructed of pressure treated wood picket, decorative metal, stone or brick, or a combination thereof. Solid surface area of any decorative fence shall not exceed 50% of the total surface area. b. Prohibited Materials Above-ground electrical fencing, wire mesh (such as hog wire or chicken wire), and barbed wire are prohibited except on parcels or lots one (1) acre or greater in size in conjunction with the containment of livestock or farm animals. 3. Fences within 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. 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. 2. Fence Materials a. Materials Permitted Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction. b. Prohibited Materials Above-ground electrical fencing and wire mesh (such as hog wire or chicken wire) are prohibited except on parcels or lots of one (1) acre or greater in size in conjunction with the containment of livestock or farm animals. A security fence not less than six feet (6’) in height may be topped by barbed wire or razor wire in areas zoned “M-1” Manufacturing District Light or “M-2” Manufacturing District Heavy upon approval by the Planning and Zoning Commission at the time of Site Plan approval. 3. Fences Adjacent to Residential Property Where any nonresidential or multifamily use, lot or parcel is adjacent to or separated by only a local street or alley from a lot or parcel that is zoned for single family residential use, the nonresidential or multifamily use shall construct a masonry screening wall a Article 9 – Site Design Standards Schertz Unified Development Code 9-15 minimum of eight feet (8’) in height. The screen shall be located no closer to the street than the property line. Such screening wall shall be maintained in good condition. Any sections of this UDC or any other City ordinances concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right-of-way. Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use, the required masonry screening wall shall be constructed on the higher elevation so as to mitigate the adjacent residential property from the impacts of the adjacent use. 4. Screening of Trash Receptacles All trash receptacles shall be screened from public view by a solid screening wall a minimum of eight feet (8’) in height and constructed of a masonry material. Gates shall be of solid metal and shall be closed at all times except when loading and unloading. 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 concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right-of-way. b. Parcels or lots one (1) acre or greater in size located in the RA zoning district and used in conjunction with the containment of livestock or farm animals are exempt from the screening wall requirements of this section. 2. Screening Alternatives An alternative form of screening, in-lieu of the masonry wall, may be approved by the Planning and Zoning Commission with the Preliminary Plat application. Alternatives that may be considered include: a. A living/landscaped screen in conjunction with decorative metal (e.g., wrought iron) fence sections with masonry columns; b. A combination of berms and living/landscaped screening; c. A combination of berms, decorative masonry walls and living/landscaped screening, either with or without a decorative metal or “FenceCrete” type of fence with masonry columns; or Article 9 – Site Design Standards Schertz Unified Development Code 9-16 d. Some other creative screening alternative may be approved if it meets the spirit and intent of this section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the Planning and Zoning Commission find it to be in the public interest to approve the alternative screening device. 3. Time Required for Opacity Any required screening device shall be, or shall achieve, at least six feet (6’) in height and at least ninety percent (90%) opacity within three (3) years of initial installation/planting. 4. Maintenance Easement A wall/screening maintenance easement at least five feet (5’) in width shall be dedicated to the home owners association on the private lot side and adjacent to the entire length of the screening wall or device for maintenance and repair of the screening wall. 5. Installation The screening/wall/device shall be installed prior to final acceptance of the subdivision public improvements. All landscape materials, if utilized, shall be installed in accordance with section 21.9.7. Failure to properly install all components of a required screening wall or device within the prescribed time frame shall constitute a violation of this UDC, and shall authorize the Public Works Director to refuse acceptance of the subdivision public improvements. 6. Design of Walls All masonry, wrought iron, steel or aluminum screening wall plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the City. Use of chain-link, chicken-wire, hog-wire fencing, and any other material similar in appearance and quality is expressly prohibited for meeting the requirements of this section. 7. Height of Screening The height of required screening devices, including spans between columns, shall be a minimum of six feet (6’) and shall be no more than eight feet (8’). Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum height by up 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 and by any other applicable utility provider(s). Sec. 21.9.9 Tree Preservation and Mitigation A. Purpose and Intent 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. Article 9 – Site Design Standards Schertz Unified Development Code 9-17 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected and Heritage Trees possible. B. Applicability and Exemptions 1. The provisions of this section are applicable to the following: a. All new residential and nonresidential development within the City; b. Redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction; c. Any grading, filling or clearing of land in the City limits; and d. Any selective or individual removal of any Protected or Heritage Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Trees Trees having a DBH (diameter at breast height measured four feet (4’) above existing ground level) between eight inches (8”) and less than twenty-four inches (24”) are designated as “Protected Trees”. b. Heritage Trees Trees having a DBH greater than or equal to twenty-four inches (24”) are designated as “Heritage Trees”. c. Damage Damage shall be considered any injury to a tree including, but not limited to: i. Uprooting; ii. Severance of the root system or main trunk; iii. Storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. Compaction of soil within the drip line area; v. A substantial change in the natural grade above a root system or within the drip line area; vi. Pruning or removal of more than 25% of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: a. Protected Trees located within, and within ten feet (10’) of, the building footprint; b. Protected Trees located within the area of a proposed on-site sewage facility (OSSF); Article 9 – Site Design Standards Schertz Unified Development Code 9-18 c. Protected Trees located within a right-of-way to be dedicated to and maintained by the City and shown on the City’s Thoroughfare Master Plan; d. Protected Trees located within any utility easement; e. Trees damaged or destroyed by floods, fire, wind or other natural causes; f. Trees that have been determined by a registered Arborist to be dead or dying; and g. The following exempted tree species: Table 21.9.7 Exempted Trees Common Name Scientific Name Hackberry Celtis occidentalis Eastern Red Cedar Juniperus virginiana Common Ashe Juniper Juniperis ashei Chinaberry Melia azedarach Mesquite Prosopis spp. Ligustrum Ligustrum spp. 4. All Heritage Trees to be removed shall be mitigated for in accordance with the provisions of this section. C. Tree Preservation The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3 above, a Tree Removal Permit is required for the removal of any tree with a DBH greater than eight inches (8”). 1. Protected Trees Any Protected Trees not exempt from preservation in section B.3 above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a Tree Removal Permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 2. Heritage Trees Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Planning and Zoning Commission. Any decision of the Planning and Zoning Commission regarding a Tree Removal Permit may be appealed to the City Council. All Heritage Trees shall be required to meet the mitigation requirements of this section. D. Tree Mitigation Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in section B.3 above nor any of the undesirable trees identified in Table 21.9.6. All trees planted for mitigation purposes must be a species of shade tree identified in Table 21.9.1. 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 Article 9 – Site Design Standards Schertz Unified Development Code 9-19 utilized to install irrigation, shrubs, or other landscaping facilities, for maintenance of existing landscaped areas, for repair or removal of damaged or destroyed trees, for preservation and protection of existing Protected and Heritage Trees and for the purchase of equipment to be utilized for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Trees Protected trees shall be mitigated at a one-to-one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of three inches (3”). 2. Heritage Trees Heritage trees shall be mitigated at a three-to-one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of three inches (3”). 3. Damaged Trees Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with section 21.9.9.D.1 and D.2 above. 4. Mitigated Trees Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one-to-one (1:1) DBH inch ratio for every tree damaged or that dies. E. Tree Protection Standards 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3”) of mulch or compost shall be spread beneath the drip line of the preserved tree. c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected or Heritage Tree without prior written approval of the Director of Development Services at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected or Heritage Tree. 2. The Director of Parks, Recreation and Community Services or his/her designee shall determine the health of oak trees within the City to determine if a tree is threatened by fatal diseases including Oak Wilt. It is further declared that the loss of oak trees growing on private and public property substantially depreciates the value of property within the City and impairs the safety, good order, general welfare and convenience of the public. It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. Article 9 – Site Design Standards Schertz Unified Development Code 9-20 b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. F. Tree Preservation Credits – Nonresidential and Multifamily Developments To encourage the preservation of existing Protected or Heritage Trees contained within a proposed development, the following minimum tree preservation credits may be provided. Caliper is the diameter of the tree in inches measured at twelve (12) inches above the ground. 1. Protected Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one-to-one (1:1) caliper inch ratio; 2. Heritage Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three-to-one (3:1) caliper inch ratio; or 3. Protected and Heritage Trees located within a required buffer area shall receive a credit against the minimum buffer requirements at a one-to-one (1:1) DBH inch ratio. G. Tree Survey Required Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. Total number of caliper inches on the site; 2. Total number of caliper inches to be removed; and 3. Total number of caliper inches to be preserved. H. Tree Removal Permit A tree removal permit is required for the removal of any Protected or Heritage Trees not exempt in section 21.9.9.B.2 above. A tree removal permit shall be submitted with the final plat for residential development or Site Plan for nonresidential and multifamily development. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. Existing/proposed topography; 2. Location of property lines, easement, rights of ways, setbacks, parking areas and sidewalks; 3. Location, species species and size (in DBH) of each Protected and Heritage Tree, except those trees exempted by section 21.9.9.B.2.f above; 4. A tree inventory that summarizes the following: a. Total number of caliper inches on the site; b. Total number of caliper inches to be removed; c. Total number of caliper inches to be preserved; d. Location of any proposed tree mitigation; and e. Any proposed tree preservation credits; and 5. A summary of the tree protection methods to be utilized. I. Criteria for Tree Removal Permit Article 9 – Site Design Standards Schertz Unified Development Code 9-21 In order to receive approval of a Tree Removal Permit, the Director of Parks, Recreation and Community Services or the Planning and Zoning Commission, or City Council on appeal, must make certain findings as outlined in this section. The Director of Parks, Recreation and Community Services or the Planning and Zoning Commission, or City Council on appeal, may require submittal of a report from a registered Arborist to verify reasons for removal or to determine alternatives to tree removal. Each application for a tree removal permit shall be reviewed and a decision rendered on approval or denial based on the following criteria: 1. The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures, interference with existing or proposed private or public facilities or services or the tree presents a clear public safety hazard. a. The tree is dead or is physically damaged to the degree that it it is clear that it is likely to fall and injure persons or property. b. The tree is located within, or within proximity to, existing or proposed public rights-of-way and is causing damage to existing public or private facilities or services or may cause damage to proposed public or private facilities and such facilities or services cannot reasonably be relocated or the damage alleviated. c. The condition or location of the tree presents a clear public safety hazard or the foreseeable danger of property damage to an existing or proposed structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or use standards) or is the location for future construction. 3. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks. 4. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies and species diversity of existing trees in the area except that consideration shall be given when alternatives to tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zoning district. Sec. 21.9.10 Park and Open Space Dedication Requirements A. Purpose 1. The purpose of this section is to provide for the adequate provision of parkland and open space to meet the needs of a growing citizen population; for improvements to existing parkland; for establishment, maintenance and operation of a Parkland Dedication Fund; establish requirements and procedures for governing required dedications of parkland or improvements to existing parkland by subdividers of land, and to provide for cash payments-in-lieu of land by subdividers of land in certain cases. 2. It is hereby declared by the City Council that recreational areas in the form of parks and open open spaces are necessary and in the public welfare, and that the only adequate procedure to provide for parkland and park improvements is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land. It is the policy of the City to require subdividers of residential subdivisions and lots to provide for parkland and park facilities at the time of development approval in proportion to the Article 9 – Site Design Standards Schertz Unified Development Code 9-22 need for such improvements created by the developments and in proportion to the benefits received from contribution of such facilities. B. Applicability The park land dedication and park development requirements of this section shall be applicable to every residential subdivision developed under the provisions of this Code, whether such subdivision consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land, within the City limits or its ETJ. C. Submittal Requirements 1. Prior to submittal of a Subdivision Master Plan or Preliminary Plat, a General Parks Plan shall be submitted and shall contain, at a minimum, the following information: a. Location and size of any proposed parks to be dedicated to the public or to be retained as private parkland; b. A statement of the suitability of the parkland in meeting the criteria in Paragraph H of this section; c. A general park development plan including any proposed improvements; and d. A phasing plan. 2. Prior to submittal of a Final Plat, a Detailed Parks Plan shall be submitted and shall contain, at a minimum, the following information: a. Location and size of proposed park; b. A statement of the suitability of the parkland in meeting the criteria in paragraph H of this section; and c. A detailed plan of any proposed improvements, including cost. 3. The Parks and Recreation Commission shall review the General Parks Plan and make a recommendation to the Planning and Zoning Commission prior to approval of a Subdivision Master Plan or Preliminary Plat. Recommendations should based upon the Comprehensive Land Plan and/or the Parks and Open Space Master Plan as adopted by the City, and the standards and provisions contained herein regarding the amount and location of park land and fees-in-lieu of park land dedication. 4. All parkland to be dedicated to the City shall meet the suitability requirements of section 21.9.10.H. D. Parkland Dedication Requirements 1. Land Dedication A final plat establishing a residential subdivision either within the City or within the ETJ of the City shall contain the dedication of an area of land for park purposes meeting the requirements set out in this section, or a notation signed by the Director of Parks, Recreation and Community Services of receipt of an approved cash payment-in-lieu of land. The subdivider of a residential subdivision shall dedicate to the City developed parkland in the amount as established within the fee schedule adopted by the City Council. A proposed plat submitted for approval must: a. Show the location and dimensions of the area proposed to be dedicated for parkland; b. Show the number of dwelling units to be located within the proposed subdivision (whether single or multi-family units); Article 9 – Site Design Standards Schertz Unified Development Code 9-23 c. Tell whether all or any part of the property to be dedicated as a park is located in a special flood hazard area, as such areas are defined in this UDC; and d. Show the proposed streets and utilities to serve the parcel to be dedicated as parkland. 2. Development of Areas Smaller Than Five (5) Acres The development of park areas smaller than five (5) acres for public park purposes is deemed to be impractical. If fewer than five (5) acres are proposed to be created by a plat, then prior to filing the plat, the subdivider shall be required to pay to the City the applicable cash payment-in-lieu of land. No plat showing a dedication of less than five (5) acres for a public park shall be approved by the Planning and Zoning Commission. While dedication of parkland to the City in an amount less than five (5) acres is deemed impractical, it is the City’s policy to encourage the development of private parkland in accordance with subsection I below and provide credit for development of these private parklands accordingly. 3. Dedication Procedures The owner of property for a residential subdivision shall be required at final plat approval to dedicate parkland. Dedication of parkland shall be evidenced by a formal dedication on the plat to be recorded. The land so dedicated and conveyed shall not be subject to any reservations of record, encumbrances of any kind, or easements, which in the opinion of the City will interfere with or materially increase the cost of making such land available for parks or recreational purposes. 4. Development of Subdivision in Phases If a subdivision is to be developed in phases and the final platting of the park area to be dedicated is to be included in a future phase, then the subdivider shall be required to provide a notation on the plat which acknowledges that dedication of parkland to serve said subdivision will occur with the platting of future phases. 5. Right to Accept/Reject Land If the City determines that sufficient park area is already in the public domain within proximity of the proposed development, or if the recreation needs for the area would be better served by expanding or improving existing parks, the City has the right to accept the dedication or to refuse same and require a cash payment-in-lieu of land. 6. Compliance with Parks and Open Space Master Plan The City has adopted a Parks and Open Space Master Plan which outlines the necessity for parkland dedication and the types of improvements deemed appropriate for the City. The dedication and development of any parkland and the expenditure of any fees-in-lieu of dedication or development shall be in accordance with the Parks and Open Space Master Plan of the City. E. Fee-in-Lieu of Land Dedication Requirements 1. Right to Request Waiver of Dedication Requirements A subdivider obligated to make a dedication of land may request the City waive the required dedication of land, in whole or in part, and to accept a cash payment-in-lieu of land dedication. Any request for a waiver to the land dedication requirements shall be subject to review and recommendation by the Parks and Recreation Advisory Board and final approval by the Planning and Zoning Commission. 2. Required Fee-in-Lieu of Land Dedication Article 9 – Site Design Standards Schertz Unified Development Code 9-24 Any subdivider who is required to make a cash payment-in-lieu of land dedication or who is granted a waiver in accordance with section 21.9.10.1 above, shall make a cash payment-in-lieu of land in accordance with this section. The amount of such cash payment-in-lieu of land shall be calculated by multiplying the number of dwelling units proposed to be established by the plat times the amount per dwelling unit as established in the fee schedule set from time to time by resolution of the City Council. A cash payment-in-lieu of land shall be made prior to the recordation of the final plat. F. Parkland Development Agreements As an alternative to parkland dedication in accordance with section 21.9.10.D and cash-in-lieu of dedication in accordance with section 21.9.10.E, a subdivider and the City (within the sole discretion of the City) may enter into a community facilities agreement or development agreement to structure other arrangements for the development of parks and park systems in the City. Such agreements must further the City's overall parkland development goals. G. Park Development 1. A subdivider who elects to dedicate parkland in accordance with section 21.9.10.D above shall improve all dedicated public parkland with improvements approved by the Parks and Recreation Advisory Board and the City Parks and Recreation Department. Design, specification, and construction of the improvements shall be subject to review and approval by the City. Construction of the improvements must be completed within one (1) year of the approval of the final plat of the subdivision. No final plat shall be recorded for any subdivision in which completion of the required improvements has not been accepted by the City; however, in the event that a subdivider requests that a final plat be approved prior to completion of the required improvements, surety for construction of improvements may be provided in the same manner as required of other subdivision-and site-site-related construction. 2. In-lieu of constructing the improvements required in section 21.9.10.F.1 above, the subdivider may elect to make a cash payment-in-lieu of construction to the City to meet the City’s current or future recreational needs. If a developer who has dedicated land in accordance with section 21.9.10.D above elects to make a fee-in-lieu of payment for park development, the City shall utilize those funds for improvement of parkland within the subdivision in which the funds are collected. In the event there are remaining funds after development of said parkland, the City may utilize the remaining funds to complete improvements in any public park within the City. 3. If the subdivider elects to pay fees-in-lieu of parkland dedication in accordance with section 21.9.10.E above, then the subdivider shall make a cash payment-in-lieu of construction to the City for the required improvements in addition to the fees paid-inlieu of dedication. Cash payments made in accordance with this paragraph may be utilized to complete improvements in any public park within the City. 4. Cash payments-in-lieu of required improvements shall be calculated by multiplying the number of dwelling units times the price per dwelling unit as established in the fee schedule set from time to time by resolution of the City Council. H. Parkland Dedication Fund 1. Special Fund Article 9 – Site Design Standards Schertz Unified Development Code 9-25 The City shall reserve all fee-in-lieu of payments and any accrued interest from the feein-lieu of parkland dedication or fee-in-lieu of parkland development in a separate account from the general funds of the City. This fund shall be known as the Parkland Dedication Fund. 2. Deposit/Expenditure of Parkland Dedication Fund The City shall deposit sums collected as cash payments-in-lieu of land and cash payments-in-lieu of improvements in the Parkland Dedication Fund. The City shall expend such funds collected for the acquisition of land or for the improvement of existing parks on a first in, first out basis. 3. Records and Method of Expenditure The City shall maintain records detailing the receipts and expenditures for the Parkland Dedication Fund. All funds deposited as credit for fee-in-lieu of parkland dedication may be utilized for the acquisition and/or development of parkland within the City. All funds collected as fee-in-lieu of parkland development shall be utilized for the development of parkland in accordance with section 21.9.10.F above. I. Parkland Design Criteria 1. Location Any land to be dedicated to meet the requirements of this section shall be reasonably located and adaptable for use as parkland and/or recreation facility, consistent with the most recent edition of the Comprehensive Land Plan and/or Parks and Open Space Master Plan as adopted by the City Council. 2. Land Suitability The Parks and Recreation Advisory Board shall make recommendations to the Planning and Zoning Commission regarding the suitability of proposed park land. The location, access, size, shape, topography, natural drainage, utilities, parking facilities, and wooded areas and other vegetative cover of the parcel or tract of land to be dedicated shall be appropriate for public parks and recreation purposes. All such park land shall be designated and located so as to satisfy the requirements of this section. 3. Usable Land At least 50% of proposed parkland dedication site shall be level, well drained and suitable for open play. Such land shall be located outside of any 100 year floodplain or any other special flood zone identified on the most recently approve FEMA FIRM map and shall not exceed five percent (5%) slope. 4. Access Access to parkland designated on a subdivision plat shall be provided by the dedication of at least two hundred feet (200’) of street frontage in a manner satisfactory to the City, preferably at the corner of two (2) intersecting streets. When the land abutting the designated parkland is developed, the subdivider of such abutting land shall furnish and pay for all paving of all abutting street frontage. 5. Utilities Potable water and wastewater connections shall be readily available at the park site with water and wastewater lines located along the street frontage. The applicant must demonstrate to the satisfaction of the City that sufficient living unit equivalents that are not otherwise committed to other property are available to serve the park within these water and wastewater lines. 6. Drainage Improvements Article 9 – Site Design Standards Schertz Unified Development Code 9-26 Any detention ponds and/or other drainage facilities to be constructed in areas that are to be dedicated as parkland must be designed and constructed to also allow for recreational use. The subdivider may be required to demonstrate that the design, placement and construction of such ponds meet the requirements of the City. 7. Floodplain The following standards shall apply to all land proposed for dedication or parkland which is located in a FEMA designated floodplain or other special flood hazard area: a. Amount of Credit Every acre of proposed dedicated parkland located within the floodplain or other special flood hazard area shall count as one-half (1/2) acre of land towards the total parkland dedication requirement. b. Criteria for Parkland Floodplain areas will be considered for eligibility as land to be dedicated based on the following criteria: i. The floodplain area is easily accessible and has adequate street frontage. ii. There There has been minimal alteration of the natural character of the waterway and the floodplain area. Some improvements are necessary for City access and maintenance. iii. In no case will floodplain areas be accepted which are less than 100 feet in width. iv. The area’s configuration and topography is suitable for the placement of low impact facilities such as playgrounds, picnic facilities and open play fields. 8. Disturbed Area Any disturbed parkland shall be restored and the soil stabilized by a vegetative cover by the subdivider. 9. Disclosures Prior to dedication of parkland, the subdivider shall make full disclosure of the presence of any hazardous substances and/or underground storage tanks (USTs) of which the subdivider has knowledge. The City, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land as it may deem appropriate, and the subdivider shall grant to the City and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests. If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of USTs, the City may require further survey and tests to be performed at the subdivider’s expense as the City may deem necessary prior to its acceptance of the dedication, or in the alternative, the subdivider may be required to identify alternative property or pay the fees-in-lieu of such parkland dedication. 10. Trash and Debris The park site shall be free of trash and debris. If the condition of the dedicated parkland is disturbed during construction of subdivision improvements then the subdivider shall be responsible for returning the dedicated land to its previous condition prior to or at the time of final plat filing. The public improvements to be constructed per the applicable subdivision plat will not be accepted by the City until such time that the above conditions have been met. 11. Areas Not Meeting the Minimum Requirements Article 9 – Site Design Standards Schertz Unified Development Code 9-27 In the event that areas proposed for dedication do not meet the grade, slope, or other requirements for parkland dedication found in this section, but are known to contain sensitive environmental features, the City may, at its discretion and after review by the Parks and Recreation Advisory Board, modify the standards of this section subject to the following limitations: a. That such areas shall provide recreational or educational opportunities for the surrounding community in-lieu of parkland dedication; b. That such areas shall be given a partial credit against the requirement of land dedication and/or payment of fees; and c. That such areas shall meet any additional standards deemed necessary by the Planning and Zoning Commission after a recommendation by the Parks and Recreation Advisory Board, pertaining to the dedication of land containing sensitive environmental features. J. Private Parks 1. Private Parkland Required It is the intent of the City to provide for adequate areas of parkland within every subdivision as deemed practical by the City. All residential subdivisions developed after the effective date of this UDC that do not dedicate land in accordance with Paragraph D above, shall be required to dedicate an area as private parkland or open space. The amount of parkland dedicated and amenities provided shall be approved by the Parks and Recreation Advisory Board. 2. Credit for Private Parkland Up to 50% in area of a subdivision's total parkland dedication requirement may be satisfied through the dedication of a private park within the subdivision. Up to 50% of the parkland development fee may be satisfied through the development of a private park within the subdivision. 3. Maintenance of Private Parks The subdivider must submit a condominium declaration, homeowner's agreement or similar document which establishes the private ownership and maintenance responsibility of any private park areas together with a mechanism for funding funding the maintenance of the park established to meet the requirements of this section. In addition, a plat note must be included on the preliminary plat and final plat stating the ownership and maintenance responsibility of all private park areas. 4. Requirement of Continued Use A restrictive covenant shall be recorded at the time of the recording of the plat, which covenant shall run with the land subdivided. The covenant shall restrict use of private parks and facilities to park and recreational purposes and must be submitted for approval by the City prior to final plat acceptance. 5. Security for Performance The City may require financial assurances from the subdivider that the private park will be developed and completed, with assurances that a failure by the subdivider to timely complete the improvements to the park shall result in dedication of the private park to the City and the proceeds of the financial assurances as offered become the property of the City for use in completing the park. End of Article 9 Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-1 10.Article 10 Parking Standards Sec. 21.10.1 Purpose The purpose of this Article is to establish the number of required off-street vehicular parking spaces so as to provide for the needs of occupants, customers, visitors or others involved in the use or occupancy of any building or structure, to eliminate the undue use of the surface street system for parking purposes, to require allocation of sufficient off-street/on-site loading facilities by business and industry which ensures that the loading and unloading of vehicles will not interfere with traffic flow or block roadways and/or fire lanes, to promote and protect the public health, safety, comfort, convenience and general welfare, and to grant and define the administrative powers and duties necessary to enforce this Article. Sec. 21.10.2 General Provisions A. Required off-street parking in residential districts shall be provided on the same site, lot or tract as the main use for which the parking is provided. B. Required off-street parking in nonresidential districts may be located on the same site, lot or tract as the main use for which the parking is provided or on a site, lot or tract located within the same zoning district and within one hundred fifty feet (150’) of the main use. C. If specific requirements for off-street parking result in a fraction of a parking space, the next larger whole number of spaces is required. D. Whenever a building or use constructed or established after the effective date of this UDC is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for an increase in the minimum number of required parking spaces, such spaces shall be provided to accommodate the enlargement or change. E. All driveways and all required off-street parking spaces shall be on a paved concrete or asphalt surface. All drive approaches shall be of paved concrete. F. Parking spaces provided within a public right-of-way shall not be counted as meeting the minimum requirements of this Article. G. In the event of the construction of a phased development, the minimum number of parking spaces provided shall apply to each phase as it is developed. H. In computing the parking requirements for any building or development with multiple uses, the total parking requirements shall be the sum of the specific parking requirements for each individual use included in the building or development. Sec. 21.10.3 Size of Space A. Each standard off-street surface parking space shall measure not less than ten feet (10’) by twenty feet (20’), exclusive of access drives and aisles, and shall be of usable shape and condition. B. Wheel Stops Wheel stops shall be required for all areas of head-in parking adjacent to a landscaped area required in section 21.9.7. Wheel stops shall be designed so that the overhang of Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-2 vehicles is contained totally within the parking space. If wheel stops are not provided at locations where vehicles extend over the sidewalk areas, a minimum of five feet (5’) of free walking area, exclusive of vehicle over hang, width must be provided. C. Each parking space designed for parallel parking shall have a minimum dimension of eight feet (8’) by twenty-two feet (22’). D. Each standard parking space located in a parking garage shall measure not less than ten feet (10’) by eighteen feet (18’), exclusive of access drives or aisles. E. Handicap Accessible Parking 1. The number and size of the handicap parking spaces required must follow the Federal Americans with Disabilities Act and Texas Accessibility Standards. The number of handicap parking spaces required is based on the total number of spaces provided. Accessible spaces for cars must have at least a sixty inch (60”) wide access aisle located adjacent to the designated parking space. Van parking spaces need to have a wider access aisle of ninety-six inches (96”) to accommodate a wheelchair lift and vertical clearance to accommodate van height. Table 21.10.1 Minimum Number of Handicap Accessible Parking Spaces Total number of parking spaces provided (per lot) Total minimum number of accessible parking spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total parking provided in lot 1,001 and over 20 plus 1 for each 100 over 1,000 2. Location a. Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance. Where buildings have multiple accessible entrances with adjacent parking, the accessible parking spaces must be dispersed and located closest to the accessible entrances and at the most level ground close to the accessible entrance. b. An accessible route must always be provided from the accessible parking to the accessible entrance. An accessible route never has curbs or stairs, must be at least three feet (3’) wide, and has a firm, stable, slip-resistant surface. The slope along the accessible route should not be greater than 1:12 in the direction of travel. c. Accessible parking spaces may be clustered in one (1) or more lots if equivalent or greater accessibility is provided in terms of distance from the accessible entrance, parking fees, and convenience. Van-accessible parking spaces located Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-3 in parking garages may be clustered on one floor (to accommodate the ninetyeight inch (98”) minimum vertical height requirement). 3. Signage A sign with the international symbol of accessibility must be mounted in accordance with applicable state and federal laws to see marking each disabled parking space. Van accessible spaces must have a sign with “van accessible” on it in addition to the international symbol of accessibility. Sec. 21.10.4 Schedule of Off-Street Parking Requirements A. Off-street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Table 21.10.2 Schedule of Off-Street Parking Requirements Use Type Parking Requirement Amusement, Commercial (Indoor) 10 spaces, plus 1 space for each 100 square feet of total floor area over 1,000 square feet Amusement, Commercial (Outdoor) 1 space per 500 square feet of outdoor site site area plus 1 space per each 4 fixed spectator seats Bank, Savings And Loan, Or Other Financial Institution 1 space for each 250 square feet of gross floor area Bar Or Night Club 1 space for each 50 square feet of gross floor area Bed And Breakfast 1 space for each rented room plus 1 space per employee Bowling Alley 5 parking spaces for each lane Bus Depot 1 space for each 100 square feet of gross floor area Convalescent Home, Group Home, Home For The Aged 1 parking space for each 2 beds Dance, Assembly And Exhibition Halls Without Fixed Seats 1 space for each 100 square feet used for assembly or dancing Day Care Center 1 space per 250 square feet of gross floor area Group Home 4 spaces Hospital 1 parking space for each bed Hotel Or Motel 1 space for each sleeping room or suite plus 1 space for every 200 square feet of common area not designated as sleeping rooms Libraries, Laboratories And Student Centers 10 spaces plus 1 space for each 300 square feet of floor area Lodging Houses And Boarding Houses 1 space per each two (2) persons capacity of overnight sleeping facilities Manufacturing , Processing Or Repairing 1 space for each 2 employees or 1 space for each 1,000 square feet of total floor area, whichever is greater Medical Or Dental Clinic 1 space for each 200 square feet of total floor area Miniwarehouse 1 space for each 300 square feet of office floor area plus 1 space for each 3,000 square feet of storage area Mortuary/Funeral Home 1 parking space for each 50 square feet of floor space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-4 Table 21.10.2 Schedule of Off-Street Parking Requirements Use Type Parking Requirement Multifamily, Duplex, Two-Family, Condominium Or Other Similar Use 1.5 spaces per bedroom Offices 1 space for each 250 square feet of gross floor area Personal Service Shop 1 space for each 200 square feet of gross floor area Residence Halls, Fraternity Buildings And Sorority Buildings 1 space per person capacity of permanent sleeping facilities Residential Care Facility 1 space per each two (2) persons Restaurants 1 parking space for each 100 square feet of gross floor area, or 1 space for each 4 seats, whichever is less (based on maximum design capacity) Retail Sales And Service 1 space for each 250 square feet of gross floor area School, All Other Schools 1 space for each classroom plus 1 space for every four (4) seats in any auditorium, gymnasium or other common place of assembly School, High School And Vocational 1 space for every three (3) students, faculty and staff plus 1 space for every four (4) seats in any auditorium, gymnasium or other common place of assembly (based on maximum design capacity) Shopping Center Or Mall 1 space for each 250 square feet of gross floor area Single Family Attached And Detached Dwelling Units 2 parking spaces per dwelling unit Theaters, Auditoriums, Churches, Assembly Halls, Sports Arenas, Stadiums, Conference Center, Convention Center Or Other Place Of Public Assembly 1 space for each 4 seats or 1 space for every 100 square feet of gross floor area, whichever is less (based on maximum design capacity) Vehicle Sales Or Rental 1 space for each 3,000 square feet of sales area (open and enclosed) devoted to the sale, display or rental of vehicles Vehicle Service, Repair, Garage 1 space for each 200 square feet of total floor area Warehouse 1 space for each 2 employees or 1 space for each 1,000 square feet of total floor area, whichever is greater B. New and Unlisted Uses When a proposed land use is not classified in this section, the parking requirements will be based on the minimum standard which applies to a specified use which is most closely related to the proposed land use, as determined by the Director of Development Services. C. Mixed Uses In the event that several users occupy a single structure, or parcels of land, the total requirements for off street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, for example with retail and residential, or theater and office uses. In such case the Director of Development Services may reduce the total requirements accordingly, but not more than twenty five percent (25%). D. Joint Use of Facilities Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-5 Required parking facilities of two (2) or more uses, structures, or parcels of land may be satisfied by the same parking facility used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use. Sec. 21.10.5 Striping A. All parking lots shall be striped in a manner that will clearly delineate parking spaces, fire lanes and pedestrian crosswalks. B. Directional arrows shall be provided in all drive lanes and driveways. Sec. 21.10.6 Shared Access and Cross Lot Access Easements Notwithstanding any other provisions of this Code, unless otherwise approved by the City, to reduce the number of curb cuts and access driveways, the dedication of joint-use, private access driveway easements and cross lot access easements shall be be required for all commercial development. Sec. 21.10.7 Stacking Requirement for Drive-Through Facilities A. A stacking space shall be an area on a site measuring eight feet (8’) by twenty feet (20’) with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. B. All stacking spaces shall be located entirely within the lot and shall be outside of any rightof-way, fire lane or similar access. C. For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces. D. For each service window of a drive-through restaurant, a minimum of seven (7) stacking spaces shall be provided. E. For kiosks, a minimum of three (3) stacking spaces for each service window shall be provided. Sec. 21.10.8 Off-Street Loading/Unloading Requirements All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten feet (10’) by forty feet (40’) and the spaces or berths shall be provided in accordance with the following schedule: Table 21.10.3 Off-Street Loading Requirements Square Feet of Gross Floor Area in Structure Minimum Required Spaces or Berths 0 – 5,000 None Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-6 5,000 – 15,000 1 15,000 – 50,000 2 50,000 – 100,000 3 100,000 – 150,000 4 Each Additional 50,000 over 150,000 1 Sec. 21.10.9 Additional Regulations and Illustrations A. Handicapped Ramps B. Handicapped Parking Space Dispersal Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-7 C. 90° Parking Dimensions D. Angle Parking Dimensions Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-8 E. Drive Aisle Dimensions F. Separation of Right-of Way and Parking Areas Article 10 – Parking and Loading Standards Schertz Unified Development Code 10-9 G. Landscaping and Fencing End of Article 10 Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-1 11.Article 11 Signs and Advertising Devices Sec. 21.11.1 Purpose The City recognizes the safety, commercial, emergency, and informational needs for signs. This Article has been adopted to protect the health, safety, and welfare of the citizens by regulating the location, construction, duration, size, height, installation, and maintenance of all signs within the jurisdiction of the City, including its ETJ in accordance with LGC Chapter 216. Additionally, this Article is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City, and to support and further the objectives of the City’s Comprehensive Land Plan. Sec. 21.11.2 Applicability All signs shall be erected, displayed, altered or reconstructed in conformity with this Article. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. A. Other Laws: The provisions of this Article shall not be deemed to nullify any other provisions of federal or state law. B. Partial Invalidity: In the event any part or provision of this Article is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. C. Existing Signs: All signs legally existing on or before February 19th, 2008, shall be permitted to continue without change. Sec. 21.11.3 Administration A. General The Director of Development Services is hereby authorized and directed to enforce the provisions of this Article and other laws and ordinances applicable thereto. The Director of Development Services shall have the authority to render interpretations of this Article and other laws and ordinances applicable thereto, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Article and shall not have the effect of waiving requirements specifically provided for herein. B. Applications The Director of Development Services shall receive applications, review plans and documentation and issue permits for the erection, installation, enlargement, alteration, and repair of all signs within the City and its ETJ. C. Inspection The Director of Development Services shall make all inspections necessary to ensure compliance with all state and local requirements governing signage. D. Notices and Orders Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-2 The Director of Development Services shall issue all necessary citations, notices or orders to ensure compliance with this Article. E. Right of Entry Where it is necessary to make an inspection to enforce the provisions of this Article, or where the Director of Development Services has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Article, the Director of Development Services is authorized to enter premises at reasonable times to inspect or to perform the duties imposed by this Article, provided that if such premises are occupied that credentials be presented to the occupant and entry requested. If such premises are unoccupied, the Director of Development Services shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the Director of Development Services shall have recourse to the remedies provided by law to secure entry. F. Department Records The Director of Development Services shall keep official records of applications received, permits issued, fees collected, reports of inspections, and citations, notices and orders issued. Such records shall be retained in the official records for the period required by the State of Texas for the retention of public records. G. Liability The Director of Development Services, members of the BOA, or other City employees charged with the enforcement of this Article, while acting for the City in good faith and without malice in the discharge of the duties required by this Article or other pertinent laws or ordinances, shall not be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be defended by a legal representative of the City until the final termination of the proceedings. No City official shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article. Sec. 21.11.4 General Requirements A. Permit Required 1. No person shall erect, alter or display any sign nor shall any person allow the erection, alteration, or display of any sign upon any property within the City or its ETJ owned or controlled by them without first obtaining a sign permit to do so from the Director of Development Services, except as hereinafter provided. No sign permit shall be released by the Director of Development Services until after the building permit for the principal building on the site has been issued. 2. Electrical Permit Required No person shall install and connect electrical systems for a sign within the City or its ETJ without first obtaining an electrical permit to do so from the Building Inspections Division, except as hereinafter provided. The Building Inspections Division shall not issue an electrical permit for a sign until after the principal sign permit for such work has been issued. Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-3 B. Application The following information shall be required for each application for a permit: 1. Completed building permit application obtained from the Building Inspections Division. 2. A Site Plan which includes: a. Location of all buildings, structures or tracts to which or upon which the sign is to be attached or erected. b. Position of the sign in relation to rights-of-way, easements, buildings or structures and other existing signs. 3. Plans that illustrate height, length, width and all other dimensions associated with the sign. Plans shall include all electrical elements of the sign. 4. Letter or copy of a contract signed by the owner of the property stating that the applicant has permission to erect such sign. C. Fees All fees for a sign permit shall be in accordance with the current fee schedule adopted by City Council. 1. A permit shall not be valid until such fee has been paid. An amendment to a permit shall not be released until the additional fees, if any, have been paid. 2. Where work for which a permit is required by this Article has been started prior to obtaining a permit, the fees established by City Council shall be doubled. Payment of such double fees shall not relieve any person(s) from any other penalties prescribed by this UDC under section 21.1.11 or any other law or ordinance applicable thereto. D. Action on Application The Director of Development Services shall examine or cause to be examined applications for permits and amendments thereto within 15 business days after a complete application is filed. If the application or the construction documents do not conform to the requirements of this Article and other pertinent laws or ordinances, the Director of Development Services shall reject such application in writing, stating the reasons therefore. If the Director of Development Services is satisfied that the proposed work conforms to the requirements of this Article and other laws and ordinances applicable applicable thereto, the Director of Development Services shall issue a permit therefore as soon as practical. E. Time Limitation of Application An application for a permit for any proposed work for which a permit has not been issued shall be deemed abandoned six (6) months after the date of filing. The Director of Development Services may, at his/her discretion, grant one extension for additional time not exceeding ninety (90) days. The extension shall be requested in writing and justifiable cause demonstrated. Permits issued under this Article are non-transferable from one person to another. F. Condition of Permit A permit issued under this Article shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of this Article or other law or ordinances applicable thereto. Nor shall issuance of a permit prevent the Director of Development Services from thereafter requiring correction of errors in plans, Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-4 construction, or removing violations of this Article or other laws or ordinances applicable thereto. Every permit issued shall become invalid six (6) months after its issuance if the work is not completed unless otherwise stated in this Article. G. Suspension or Revocation The Director of Development Services is authorized to suspend or revoke a permit issued under this Article whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any other laws or ordinances applicable thereto. H. Public Rights-of-Way, Alleys and Easements A permit shall not be given by the Director of Development Services for the placement of a sign that will encroach upon any public right-of-way, alley or utility or drainage easement. I. Placement of Permit The permit or copy thereof shall be kept on the site until the work permitted is completed. J. Appeal An individual who has been denied a permit or had a permit revoked may appeal in writing along with the established filing fee to the BOA within ten (10) days after the date of denial or revocation. Sec. 21.11.5 Exempted Signs The following types of sign or sign work are exempt from the permit requirements of this Article provided, however, that the exemption from the permit requirements of this Article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Article or any other laws or ordinances of the City: A. Governmental Signs B. Political Signs C. Railway Signs Any sign within the railway right-of-way placed and maintained in reference to the operation of such railway. D. Utility Signs Any sign marking utility or underground communications or transmission lines. E. Vehicle Signs Any sign placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as a form of transportation and which identifies the business, products, or services with which the vehicle and/or trailer is related F. Flags Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-5 Official flags of governmental jurisdictions or non-profit organizations. Nothing in this ordinance shall be construed to prevent the display of a national or state flag or to limit flags, insignias, or legal notices or informational, directional or traffic signs which are legally required and necessary to the essential functions of governmental agencies. G. Warning Signs Signs warning the public of the existence of danger but containing no advertising material. H. Street Address Signs Address signs containing only numeric address and street or complex names. I. Holiday Signs Any temporary sign promoting the celebration of a holiday and containing no commercial advertising. J. Plaques Any commemorative sign of a recognized historical society or organization. K. Menu Board Signs A maximum of one (1) menu board sign a maximum of 32 square feet in area shall be permitted per restaurant or applicable business. L. Minor Repairs and Maintenance: Minor repair work to any sign, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, painting or other similar exterior maintenance of a sign structure so long as no structural alterations are made to the sign. Sec. 21.11.6 Prohibited Signs A. Obscene Signs No person shall erect or display on any site a sign in which the dominant theme of material taken as a whole appeals to the prurient interest in sex, and is patently offensive because it affronts current community standards relating to the description or representation of sexual matters, and is utterly without redeeming social literary, artistic, political, and scientific value, according to contemporary community standards. B. Obstructing Doors, Windows or Fire Escapes No person shall erect or display on any site any sign that prevents free ingress to or egress from any door, window or fire escape. C. Obstructing Vision/Sight Triangle No person shall erect or display on any site any sign in such a manner as to obstruct free and clear vision of moving vehicles at any location, street intersection, or driveway. All Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-6 signs placed at any intersection shall prevent such problem by observing a visibility triangle (see definition of visibility triangle). D. Interference With Traffic No sign shall be permitted which interferes with vehicular or pedestrian traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of illumination, or any other characteristics causing such interference. No person shall erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, signs making use of the words “stop”, “go”, “look”, “slow”, “danger”, or any other similar word, phrase, symbol or character. No person shall employ any red, yellow, green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. E. Over Public Property or Public Public Right-of-Way It shall be prohibited to erect or display any type of sign on or over public ROW or other public property, unless the same is erected by the City, County, State or other authorized governmental agency, or with the permission of the City (in its sole discretion), for public purposes. F. Signs on Utility Poles No person shall erect or display any sign except as specifically authorized by section 21.11.5 on any utility pole located upon any public right-of-way or utility easement. G. Private Property No sign shall be located on private property without the consent of the owner of the premises, including signs located on trees, light poles or mail boxes. H. Dilapidated Signs No sign shall be permitted which is deteriorated, dilapidated or in danger of falling or otherwise unsafe. I. Signs In Violation No sign shall be permitted that does not comply with any applicable provisions of the building code, this UDC, or any other applicable codes or ordinances of the City. J. Home Occupation Signs Signs No exterior home occupation signs shall be permitted unless otherwise specifically authorized in another applicable section of this UDC. K. Non-Motorized or Portable Signs No trailer type, non-motorized signs using wheels and axles as the primary support shall be permitted. L. Off Premise Signs Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-7 Except as set forth elsewhere in this Article, all off premise signs not legally existing on February 19, 2008 are prohibited except that the following signs may be permitted provided they otherwise meet the applicable requirements of this Article: 1. Community Service Signs 2. Garage Sale Signs 3. Official Government Signs 4. Historical Markers and Plaques 5. Political Signs 6. Realty Signs 7. Temporary Signs 8. Traffic Signs M. Bandit Signs N. Painted Signs No sign shall be permitted which is painted on the wall of any building or on any part of a building. O. Other Signs Except as set forth elsewhere in this Article, any signs not specifically permitted by this ordinance are prohibited within the City and its ETJ. Sec. 21.11.7 Removal of Signs A. Damaged Signs Signs which are determined by the Director of Development Services to be a public hazard or in a state of disrepair shall be repaired or removed within ten (10) days of written notification to the property owner. . B. Abandoned Signs Signs which are determined by the Director of Development Services to be abandoned shall be removed or otherwise painted over and neutralized within thirty (30) days of written notification to the property owner by the Director. C. Extensions The Director of Development Services shall have the authority, but not the obligation, to grant extensions as necessary to resolve a damaged or abandoned sign. The extension shall be requested in writing and justifiable cause demonstrated. D. Signs in Right-of-Way and/or Public Property Any sign that is erected, constructed, or otherwise located within or upon public right-ofway or on public property may be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal. Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-8 E. Relocation of Certain Detached On-Premise Signs 1. Legal and non-conforming detached on-premise signs located on or overhanging a parcel of land acquired by a governmental entity may be relocated subject to the restrictions in this section. The owner of the sign and the governmental entity must sign an application requesting the relocation. The relocation must be completed within one (1) year of the date the governmental entity becomes the owner of the property. All relocated signs must fully comply with spacing, setbacks, and other restrictions in this section. All signs must relocate on the remainder of the tract from which the parcel of land was acquired unless: a. There is no remainder; or b. The remainder is not of sufficient size or suitable configuration to allow the relocated sign to fully comply with the spacing, setback, and other restrictions in this section. 2. No relocated detached on-premise sign may have a greater effective area or increased height than it had at its original location, or contain new materials that are more than five feet (5’) above grade. 3. No detached on-premise sign may be relocated until demolition and other required permits have been applied for and approved by the City. 4. No new electrical or mechanical properties may be added to a relocated detached onpremise sign. (For example, a non-illuminated sign may not be converted to an illuminated sign.) F. Illegally Erected Temporary Sign Any temporary sign that is erected, constructed or otherwise displayed, without a permit or in direct violation of this Article shall be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal. G. Illegally Erected Permanent Sign Any permanent sign installed without a permit or in direct violation of this Article shall be removed by the owner of the sign or property within ten (10) days after written notification by the Director of Development Services. H. Filing of Liens Against the Property The City is authorized to file a lien against any property which is not otherwise exempt to recover reasonable expenses incurred by the City for the removal of a sign or portion of a sign. I. Appeal Any decision rendered by the Director of Development Services or other City personnel in the enforcement of this Article may be appealed to the BOA by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten (10) days after a decision rendered along with the established fee. Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-9 Sec. 21.11.8 General Sign Provisions The provisions of this section shall be applicable to all signs hereafter erected, constructed, displayed, altered or repaired on any premise under the jurisdiction of the City. A. Height of Signs The vertical height of a sign shall be measured from ground level at the base of the sign to the highest part of the sign or its structure. B. Wind and Dead Load Requirements All signs shall be designed and constructed to withstand a wind load of not less than thirtytwo (32) pounds per square foot of area and shall be constructed to receive dead loads as required by building codes adopted by the City. The sign application must include a statement signed by the applicant that states compliance with this requirement. C. Location of Business/Residential All business and residential locations shall be identified by an address, which is clearly visible from the street. D. Illumination of Signs No sign shall be illuminated to such intensity to exceed a maximum of one (1) footcandle measured at the property line. No lighted sign shall be erected or displayed within one hundred fifty feet (150’) of a single-family residential zoned property unless the lighting is shielded from view. E. Building and Electrical Codes Applicable All signs shall be constructed and maintained in conformity with all applicable provisions of the building code, electrical code or other applicable ordinances of the City. F. Maintenance of Signs Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted including all metal parts and supports that are not galvanized or of rust resistant material. On undeveloped parcels of land, the area between any sign and the street or highway to which the sign is oriented and the area within twenty-five feet (25’) of such sign must be kept free and clear of debris, trash, and weeds or other refuse and shall be maintained by mowing or trimming of any vegetation. G. Structural Sign Elements The structural elements of permanent signs shall be constructed of materials that are noncombustible and may be supported by noncombustible materials only and finished in a presentable manner. Wood or unpainted steel supports are prohibited. Heavy timber and other materials may be used only if approved by the Director. H. Sign Clearance Not withstanding any other provisions of this ordinance, all signs shall maintain a clearance of at least ten feet (10’) when located over a public sidewalk and at least fourteen feet (14’) Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-10 when located over a driveway and shall extend no closer than eighteen inches (18”) from the curb line of a public street, unless painted or mounted flat on the surface of an existing awning or canopy. Sec. 21.11.9 Wall Signs A. General Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all wall signs. Wall signs may not be attached to light fixtures, poles, or trees. B. Maximum Area The maximum area of a wall sign shall not exceed the following: Table 21.11.1 Maximum Area of Wall Signs Areas with Limited Access 15% of the façade area or 250 square feet, whichever is less Areas with Unlimited Access 12% of the façade area or 125 square feet, whichever is less All Other Streets 10% of the façade area or 80 square feet, whichever is less C. Maximum Number of Signs The maximum number of signs permitted for single occupancy or single tenant buildings shall be limited to one (1) per wall with a maximum of three (3) signs. Each sign in excess of the primary wall sign shall be a maximum 75% of the area of the primary wall sign. The maximum number of signs permitted for multi-tenant buildings shall be limited to one (1) per tenant or lease space except for those spaces located on the ends of buildings which may have one (1) additional wall sign to be located on the side wall of the structure and being a maximum of 75% of the area of the primary wall sign. Multi-tenant buildings with the rear of the building directly adjacent to a public or private street or access drive may have one (1) additional wall sign located on the rear wall of the structure and being a maximum of 25% of the area of the primary wall sign. In no case shall the number of wall signs permitted for any single tenant within a multi-tenant development exceed a maximum of two (2) signs. D. Roofline Limitations In no case shall a wall sign project above the roofline of any building nor extend above the parapet wall if attached thereto. Wall signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height. Wall signs may be attached to a continuous plane fascia if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure. E. Illumination Wall signs shall be illuminated utilizing only internal lighting. F. Projection Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-11 Wall signs shall not project farther than eighteen inches (18”) from the building, excluding signs attached to canopies. G. Adjacent Residential Wall signs shall not be located on any façade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within one hundred fifty feet (150’) of the property line of said residential property. Sec. 21.11.10 Freestanding Ground Signs A. General Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all freestanding ground signs. B. Minimum Setback The minimum setback of all freestanding ground signs shall be fifteen feet (15’) from any property line. C. Maximum Height The maximum height of a freestanding ground sign shall not exceed the following: Table 21.11.2 Maximum Height of Freestanding Ground Signs Areas with Limited Access 50 ft. Areas with Unlimited Access 40 ft. All Other Streets 20 ft. Exception: Freestanding ground signs located on properties along roadways identified as Principal Arterials and Secondary Arterials in accordance with section 21.14.1 of this UDC shall have a maximum of eighteen feet (18’) in height. D. Maximum Area Freestanding ground signs shall not exceed the following: Table 21.11.3 Maximum Area of Freestanding Ground Signs Areas with Limited Access 250 sq. ft. Areas with Unlimited Access 100 sq. ft. All Other Streets 32 sq. ft. Exception: Freestanding ground signs located on properties along roadways identified as Principal Arterials and Secondary Arterials in accordance with section 21.14.1 of this UDC shall have a maximum of 90 square feet in area. E. Number of Signs The maximum number of freestanding ground signs shall be limited to one (1) per lot per street frontage. Developments consisting of shopping centers or other multi-tenant type Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-12 developments shall be required to construct multi-tenant signage in accordance with section 21.11.12 of this Article except that any primary or anchor store greater than 50,000 square feet may be allowed one (1) freestanding sign in accordance with this section. Sec. 21.11.11 Monument Signs A. General Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all monument signs that are allowed under this Article. B. Maximum Height The maximum height of a monument sign shall be five feet six inches (5’ 6”). C. Maximum Area The maximum area of a monument sign shall not exceed 100 square feet with a maximum area per sign face of 50 square feet. D. Number of Signs The maximum number of monument signs shall be limited to one (1) per lot per street frontage. Developments consisting of shopping centers or other multi-tenant type developments shall be required to construct multi-tenant signage in accordance with section 21.11.12. E. Minimum Setback The minimum setback of all monument signs shall be fifteen feet (15’) from any property line. F. Material Requirements All monument sign bases shall be constructed of masonry material consisting of brick, stone or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone or split face concrete block. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches (6”) from the outer limits of the sign structure. G. Illumination Monument signs shall only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right-of-way. Sec. 21.11.12 Multi-tenant Signs A. General The provisions of this section shall be applicable to all signs located within developments consisting of shopping centers, as defined within this UDC, and all other similar multi-tenant Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-13 developments. All multi-tenant signs shall be monument signs meeting the requirements of this section. B. Maximum Height The maximum height of a monument sign within a multi-tenant development shall not exceed the following: Table 21.11.4 Maximum Height of Multi-tenant Signs Areas with Limited Access 20 feet Areas with Unlimited Access 18 feet All Other Streets 15 feet The monument base shall be a minimum of eighteen inches (18”) in height measured from ground level at the center of the base to the top of the base. The overall height shall not exceed the maximum heights listed above, including monument base. C. Maximum Area The maximum area of a multi-tenant monument sign shall be equivalent to one percent (1%) of the gross building square footage within the shopping center with a maximum of 150 square feet. D. Maximum Number The maximum number of multi-tenant monument signs shall be limited to one (1) per platted lot per street frontage. E. Monument Sign Design Each multi-tenant monument sign shall be designed so as to provide adequate sign spaces for each tenant within the development except for the primary, or anchor store within the development which shall be prohibited from advertising on the monument sign. The developer shall be responsible for determining the adequacy and size necessary to meet the requirements of this section. F. Minimum Setback The minimum setback of all multi-tenant monument signs shall be fifteen feet (15’) from any property line. G. Material Requirements All multi-tenant monument signs shall be constructed of masonry material consisting of brick, stone or split face concrete block which shall be consistent in nature with the overall theme of the development. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches (6”) from the outer limits of the sign structure. H. Illumination Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-14 Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right-of-way. Sec. 21.11.13 Electronic Signs A. General Electronic signage shall be permitted in-lieu of any permitted freestanding or monument signs on a property. In the event that an electronic sign is permitted for a property, no other additional freestanding or monument sign shall be permitted. B. Maximum Height The maximum height of an electronic sign shall be eighteen feet (18’). C. Maximum Area The maximum area of an electronic sign shall not exceed 100 square feet with a maximum area per sign face of 50 square feet. D. Number of Signs The maximum number of electronic signs shall be limited to one (1) per platted lot. No other on-premise freestanding signs shall be permitted. E. Minimum Setback The minimum setback of all electronic signs shall be fifteen feet (15’) from any property lines. F. Material Requirements All monument sign bases shall be constructed of masonry material consisting of brick, stone or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone or split face concrete block. All sign text and graphic elements shall be limited to a minimum of six inches (6”) from the outer limits of the sign structure. G. Illumination Electronic signage shall not exceed a maximum of one (1) footcandle illumination at the property line. H. Location Restrictions No electronic signs shall be permitted within 150 feet of a residentially zoned property or property used for residential purposes. I. Additional Restrictions 1. Any change of pictures or information on the electronic sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of anim ation. Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-15 2. Any change of pictures or information on the message board sign shall not change more often than once every four (4) seconds. 3. Any sign picture or information shall not have a solid white background between the time period of thirty (30) minutes after sunset and thirty (30) minutes before sunrise. Sec. 21.11.14 Directional Signs A. General This section shall be applicable to any on-premise sign that directs the movement of traffic on private property within developments or warns of obstacles, overhead clearances, or controls parking. B. Maximum Height Directional signs shall have a maximum height of three feet (3’). C. Maximum Area Directional signs shall not exceed a maximum area of 12 square feet. D. Maximum Number The maximum number of directional signs permitted within a development shall be based on the square footage of building space constructed within the development. Directional signs shall be permitted at at a rate of one (1) sign for every 10,000 square feet of building area. E. Location Restrictions Directional signs shall be located in a manner where they will not interfere with the safe movement of vehicles or pedestrians and shall not be located within any visibility triangle. Sec. 21.11.15 Subdivision Entry Signs A. General The provisions of this section shall be applicable to all subdivision entry signs identifying a residential or mixed use development. B. Maximum Height Subdivision entry signs shall be monument signs and shall have a maximum height of six feet (6’) in height. C. Maximum Area The maximum area of a subdivision entry sign shall not exceed 32 square feet per sign face. D. Maximum Number of Signs Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-16 No more than one (1) subdivision entry sign shall be permitted at the primary subdivision entrance. Secondary entrances may have one (1) subdivision entry sign per entrance which shall be a maximum of 75% of the size of the primary entrance sign. E. Placement of Sign A subdivision entry sign may be located on a median at the street entrance if approved in writing by the Public Works Director. F. Subdivision Entry Feature A subdivision entry feature which is appropriate in scale to the size of the development and incorporating masonry walls, berms and/or decorative fencing in combination with the subdivision entry sign may be constructed at the primary subdivision entrance provided, however, that the maximum area containing the subdivision sign shall not exceed 32 square feet per sign face. Sec. 21.11.16 Price-Per-Gallon Display A. General All price-per-gallon displays must be an integral part of the general permitted sign for the site. Displays, whether electronic or manual, shall not scroll or flash. B. Minimum Letter Height The minimum height allowed for price-per-gallon display signs shall be six (6”) inches for the fuel classification (i.e. “unleaded” “diesel”, etc.). C. Maximum Area Price-per-gallon displays shall not exceed two-thirds (2/3) of the permitted gross surface area per face of the general permitted sign. D. Number of Signs Only one (1) price-per-gallon sign shall be permitted per site. E. Illumination Only internal illumination may be utilized for fuel classification and price-per-gallon signs. Sec. 21.11.17 Temporary Signs A. General Notwithstanding any other provisions of this Article, this section shall be applicable to all temporary signs identified in this Article. B. Maximum Area The maximum area permitted for temporary signs shall not exceed the following: Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-17 Table 21.11.5 Maximum Area of Temporary Signs Areas with Limited Access 32 sq. ft. per face or 10% of the building façade, whichever is less Areas with Unlimited Access 24 sq. ft. per face or 7% of the building façade, whichever is less All Other Streets 16 sq. ft. per face or 5% of the building façade, whichever is less C. Maximum Height The maximum height permitted for temporary signs shall not exceed the following: Table 21.11.6 Maximum Height of Temporary Signs Areas with Limited Access 6 feet Areas with Unlimited Access 4 feet All Other Streets 3 feet D. Minimum Setback The minimum setback for all temporary signs shall be fifteen feet (15’) from any property line. E. Time Limitations Temporary freestanding signs shall be permitted for a maximum of 180 days per calendar year. No additional temporary sign permit shall be issued for the same property or business for a period of 14 days from the expiration of the previous permit. There shall be no limit to the number of temporary sign permits that may be issued for a particular property or business. The cumulative total number of days for which all temporary sign permits issued for a property or business shall not exceed 180 calendar days. F. Number of Signs No more than two (2) types of temporary signs shall be permitted per business or tenant at any given time. Sec. 21.11.18 Development Signs A. Maximum Area Development signs shall not exceed 64 square feet maximum, 32 square feet per sign face. B. Maximum Height Development signs shall not exceed six feet (6’) in height. C. Number of Signs Each development shall be permitted no more than one (1) sign per commercial development, or one (1) sign per entry of a residential subdivision not to exceed two (2) signs. Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-18 D. Duration Development signs shall be installed at any time after the issuance of the building permit for a commercial development or after approval of the final plat for a residential subdivision. The development sign must be removed within six (6) months or upon the issuance of a certificate of occupancy for commercial developments, and upon three (3) years or 75% of development of a residential subdivision, whichever is less. Sec. 21.11.19 Real Estate Signs A. Applicability Real estate signs meeting the requirements of this section shall be exempt from the permitting requirements of this Article. B. Maximum Height The maximum height for commercial real estate signs shall not exceed five (5’) feet for freestanding ground signs and must be below the roof line for wall signs. C. Maximum Area The maximum area of a commercial real estate sign shall not exceed sixty-four (64) square feet, thirty-two (32) square feet per sign face. Residential real estate signs shall not exceed four (4) square feet in size. D. Maximum Number of Signs The maximum number of real estate signs shall be limited to one (1) per lot per street frontage. Sec. 21.11.20 Banners over Public Rights-of-Way A. General Banners may be erected over public rights-of-way within the City with the approval of the Director of Development Services. The applicant shall be responsible for securing any and all necessary permits to erect a banner over a TxDOT right-of-way and shall provide such information to the City with the application for a banner permit. B. Restrictions Banners over public rights-of-way shall be permitted only for non-commercial or charitable events that are of general interest to the community as a whole and shall be restricted to non-profit or governmental entities. C. Responsibility The applicant shall be responsible for the erection of any banner over public rights-of-way. The banner shall be inspected by the City to ensure the banner is adequately secured. The applicant shall be responsible for removal of any banner erected over public rights-of-way. D. Maximum Banner Size Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-19 The maximum area of a banner shall not exceed 144 square feet. The standard banner size shall be four feet (4’) wide by thirty-six feet (36’) long. Variations to the standard banner size may be approved by the Director of Development Services when differing variations are necessary to contain the entire message within the banner. In no case shall the area exceed the maximum area identified in this section. Sec. 21.11.21 Nonconforming Signs A. General A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this Article and 1. Was in existence and lawfully located prior to the adoption of this Article; 2. Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto or which was considered legally nonconforming there under and has since been in continuous or regular use; 3. Was in existence, located and used on the premises at the time it was annexed into the city and has since been in continuous use; or 4. Was in existence and lawfully located and used as an off-premise sign prior to or on February 19, 2008. B. Registration Except as to signs constructed before September 1, 2006, it shall be unlawful for any person to maintain any nonconforming or off-premise sign within the corporate limits of the City or its ETJ without having a valid registration number affixed thereto as required in this section as follows: 1. Application To register a nonconforming sign or off-premise sign, application shall be made to the Director of Development Services on forms provided for that purpose. The application shall be accompanied by the payment of the established fees and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other information reasonably required by the Director of Development Services. 2. Issuance of Registration Number If the Director of Development Services determines that the nonconforming or offpremise sign is a lawfully nonconforming or off-premise sign, he/she shall issue a registration number to the applicant. The owner of the sign shall cause the registration number to be affixed in a conspicuous place on the registered nonconforming or offpremise sign. 3. Invalidation of Registration The Director of Development Services shall invalidate any registration for a nonconforming or off-premise sign when: a. It is removed from the premises for any reason; b. It has been damaged or destroyed so as to lose its nonconforming sign status as provided in this Article; c. It has become an abandoned sign. Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-20 Sec. 21.11.22 Licenses A. Licenses Required 1. Required It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace or service any sign for compensation without first obtaining a license to do such work from the Director of Development Services. 2. License a. It is unlawful for any person to perform construction work subject to this Article unless the person is licensed as a sign contractor or is exempt under the following: 1. A maintenance person who performs maintenance work only upon property owned by the person’s employer. A maintenance person who performs work upon a property with more than one property owner is deemed to be performing work for the general public and shall be licensed as a sign contractor. B. It is unlawful for any person to: 1. Display or cause a permit to be displayed or to have in one’s possession any license for doing any construction work, knowing it to be fictitious or to have been canceled, suspended or altered; 2. Lend or permit the use of any license for doing any construction work to any person not entitled to it; 3. Fail or refuse to surrender to the Director of Development Services any license for any construction work that has been suspended or canceled; 4. Apply for or have in one’s possession more than one current City construction license of the same type; 5. Use a false or fictitious name or address in any application for any license or permit provided for in this Article or any renewal or duplicate, or make a false statement or conceal a material fact or otherwise commit fraud in making any application; 6. Perform any construction work in the City or its ETJ for which a license is required without having the license or while the license is suspended, expired or canceled; 7. Perform any construction work for which a permit is required without having the permit or after the permit has been suspended, canceled or expired; 8. Fail or refuse to make the necessary repairs or changes as provided in a written notice issued by the Director of Development Services. A separate offense is deemed to be committed each day after the expiration of the time for correction provided in the notice until the work is corrected; or 9. Place or leave a property in such condition that it injures or endangers persons or property. C. Insurance Required It is the duty of all sign contractors who practice their craft within the City to show proof of general commercial liability insurance. A current copy of the insurance must be maintained on file with the Building Inspections Division of the City or the sign contractor’s license may be revoked. The insurance shall include: Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-21 1. A minimum of $300,000 per occurrence (combined for property damage and bodily injury); 2. A minimum of $600,000 aggregated (total amount the policy will pay for property damage and bodily injury coverage); and 3. A minimum of $300,000 aggregate for products and completed operation. A licensed applicant or licensee shall file with the Building Inspections Division a completed certificate of insurance when applying for an initial license, when changing a business name, or upon request by the Director of Development Services. D. The Director of Development Services, within 30 days after the receipt of the completed application, shall issue the license or give a written refusal setting out the reasons for refusal. 1. Application A written application for a sign contractor’s license will be submitted to the Building Inspections Division on a form prescribed by the City along with the required initial fee and evidence of two (2) years experience to include the following: a. Required initial fee (as established by City Council); b. Renewal fee (as established by City Council); c. Completed application; d. Reference from one (1) financial institution; e. Reference from two (2) suppliers; and f. Reference from three (3) customers with work performed within the last two (2) years. 2. Renewal All renewals shall be due January 1st of each year. Failure to renew within 30 days after the renewal date shall require the applicant to reapply for license at the initial fee rate. 3. Revocation Any license issued under this section may be suspended or revoked by the Director of Development Services for the following: a. The Director of Development Services may suspend the license of a person who has been convicted two (2) times within a one-year (1) period of any violation of this Article or other laws and ordinances applicable hereto. b. If the Director of Development Services decides to suspend a sign contractor’s license, the Director shall notify the licensee of the suspension by first class mail to the licensee’s last address on record, or by hand delivery to the licensee. Notice by mail will be deemed received three (3) days after posting. c. The licensee may appeal a suspension decision to the BOA by filing a written request within ten (10) days of receiving notice of the suspension. The BOA shall hold a hearing to determine whether the suspension decision should be sustained or reversed. d. If a licensee’s license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws and ordinances applicable hereto, the Director of Development Services shall notify the BOA. The BOA shall then hold a hearing to consider cancellation of the license. Article 11 – Signs and Advertising Devices Schertz Unified Development Code 11-22 e. Enforcement actions taken under this section are not exclusive and do not affect any other remedies for violations of this Article or other applicable laws and ordinances. 4. Appeal A person, whose license has been denied or revoked, may appeal in writing along with the filing fee then in effect to the BOA within ten (10) days. 5. Electrical License It shall be unlawful for any person to install and connect electrical systems for a sign within the City and its ETJ without first obtaining a license to do so from the Texas Department of Licensing and Regulation (TDLR) for such work. A sign contractor may subcontract the electrical portion of a project to someone licensed by TDLR. Someone so licensed shall obtain all electrical permits to do such work. 6. Electrical License Registration Electrical contractors shall register with the City’s Inspection Department as follows: a. Registration of Company – Each electrical company shall register with the Inspection Department and shall provide a copy of general liability insurance in the amount established by the Texas Department of Licensing and Regulation (TDLR) for electrical contractors. b. Application – A written application to register an electrical company, along with the established filing fee, shall be submitted to the Director on a form prescribed by the City. c. Renewal – All registered electrical companies shall renew their registrations annually. All renewals shall be due March 1st of each year. Exception: Licensed sign contractors who hold an electrical license issued by TDLR and who submit a copy of such license with their application, and do not work as an independent electrical company, shall not be required to register as an electrical company. Sec. 21.11.23 Violations A. Unlawful Acts It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, or demolish a sign regulated by this Article, or cause the same to be done in conflict with or in violation of any of the provisions of this Article. B. Notice of Violation The Director of Development Services is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing or demolition of a sign in violation of the provisions of this Article or in violation of a permit issued under the provisions of this Article. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. End of Article 11 Article 12 – Subdivisions Schertz Unified Development Code 12-1 12.Article 12 Subdivisions Sec. 21.12.1 Purpose and Applicability A. It is the purpose of this Article to promote sound planning in the subdivision of land, and to provide consistent rules, which protect the public health, safety, and welfare while allowing the legal platting of land. The regulations herein have been made after careful study of existing local conditions and the desirable future development of the City. It is not the desire or the intent of the City to regiment the design of subdivisions of property and its environs, but rather to recommend the utilization, to the fullest extent possible, of good, sound, modern subdivision planning principles. B. It is intended that as much freedom as possible be allowed the individual owners and subdividers in the design and ultimate development of new subdivisions so that they will contribute innovation, individuality, and character to the community's new residential neighborhoods, commercial developments, and industrial districts. At the same time, these rules are intended to assure that such development provides for: 1. Sufficient, adequate major and secondary traffic thoroughfares and public facilities; 2. Minimum standards for facilities; 3. A consistent and equitable pattern of development among neighboring parcels of land; and 4. Consistency with the City's Comprehensive Land Plan, Major/Minor Thoroughfare Plan, Parks and Open Space Master Plan, and other adopted plans. C. The regulations contained within this Article are adopted under the authority of the Constitution and laws of the State of Texas, including particularly LGC Chapter 42, Chapter 212, and Chapter 242. Pursuant to the authority herein granted, the City Council extends to all of the area within its City limits and its ETJ, the application of all of the terms and provisions in this Article establishing rules and regulations governing plats and subdivisions of land. Sec. 21.12.2 General Provisions A. The owner of a tract of land located within the City limits or in the ETJ of the City who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to the City, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares parks or other parts must have a plat of the subdivision prepared. A division of a tract under this section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. B. No person shall create a subdivision of land within the City or within its ETJ without complying with the provisions of this Article, and all plats and subdivisions of any such land shall conform to the rules and regulations set forth in this Article. C. In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Code by injunction issued by a court of common jurisdiction. Article 12 – Subdivisions Schertz Unified Development Code 12-2 D. All land subdivided or platted into lots, blocks and streets within the City or within its ETJ, as provided by State law, shall comply in full with the requirements of this UDC. No plat shall be filed in the office of the County Clerk for a tract within the City or its ETJ unless it is approved by the Planning and Zoning Commission. E. No permit shall be for approval for the issuance by the County for the installation of septic tanks on any lot in a subdivision for which a final plat has not been approved and filed for record, or any lot in a subdivision in which the standards contained herein or referred to herein have not been complied with in full. F. No permit shall be issued for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full. G. The City shall not authorize any person nor shall the City itself repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. H. The City shall not authorize any person nor shall the City itself sell or supply any water or sewer service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. I. Disapproval of a plat by the Planning and Zoning Commission shall be deemed a refusal by the City to accept the offered dedications shown thereon. Approval of a plat shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have actually appropriated the same by entry, use, or improvement. Any such dedication, before before or after actual appropriation may be vacated by the City in any manner provided by law. J. On behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this UDC or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or part of the provisions of this UDC. K. In addition thereto, any abutting owner or lessee or other person prejudicially affected by the violation of the terms of this UDC may resort to any court of competent jurisdiction for any writ or writs, or to obtain such relief, either in law or equity, as may be deemed advisable in these premises. L. If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the City Council shall pass a resolution reciting the fact of such noncompliance of failure to secure final plat approval. Reciting the fact of such noncompliance or failure to secure the final plat approval, and reciting the fact that the provisions of sections 21.12.2.G through 21.12.2.K of this Article will apply to the subdivision and lots herein, the City Secretary shall, when directed by the City Council, cause certified copy of such resolution under the corporate seal of the City to be filed in the Deed Records of the county or counties in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the City Secretary shall forthwith file an instrument in the Deed Records of such county or counties stating that sections 21.12.2.B through 21.12.2.K no longer apply. Article 12 – Subdivisions Schertz Unified Development Code 12-3 M. The provisions of this Article shall not be construed to prohibit the issuance of permits for any lots upon which a residential building exists and was in existence prior to passage of this UDC nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to passage of this UDC was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of this UDC. Sec. 21.12.3 Pre-Application Conference Prior to the official filing of an application for approval of a plat or plan for a subdivision, the subdivider, at his/her option, may consult with and present a proposed plan for the subdivision to the Director of Development Services for comments and advice on the procedures, specifications, and standards required by the City for the subdivision of land. At such a a meeting the City Staff will be able to make any suggestions that would direct the proposed subdivision toward desirable objectives and possibly prevent unnecessary work and expense if objectives are not met. This step does not require formal application or fee. No vesting shall occur under this Article in accordance with section 21.1.6. Sec. 21.12.4 Application Required Any proposed plan for subdivision or development of a property under this Article shall be accompanied by a completed application for the proposed development. No vesting shall occur in accordance with Section 21.1.6 of this UDC until a completed application has been submitted in accordance with the requirements of this Article. Sec. 21.12.5 Subdivision Master Plan A. General Where required by section 21.12.6, a Subdivision Master Plan shall be prepared and submitted in accordance with this Article. B. Submittal Requirements for Subdivision Master Plan An application for a Subdivision Master Plan shall include the following information and and documents: 1. Completeness Requirements a. Appropriate fees; b. Application signed and notarized by owner; c. Agent authorization letter; d. Legal metes and bounds description; e. Subdivision Master Plan checklist; f. Traffic Impact Analysis Determination form; g. 15 folded black line or blue line copies at 18”X24” or 24”X36”; h. One (1) folded 11”X17” reduction of exhibit; i. One (1) CD containing a digital copy of the plan in PDF format; j. Completed application for street name approval; and Article 12 – Subdivisions Schertz Unified Development Code 12-4 k. Certified copy of a Tax Certificate for the subject property. 2. Technical Requirements a. Location/Vicinity Map with north arrow; b. Title Block located in lower right corner including subdivision name, acreage, survey name and abstract number, City, County and preparation date; c. County recording block; d. Legend, if abbreviations or symbols are used; e. Name, address and phone number of owner, developer, applicant, and surveyor; f. North arrow; g. Graphic and written scale (minimum 1”=100’); h. Surveyed property boundaries with bearings and distances; i. Legal metes and bounds description with calls matching boundary dimensions and distances; j. Lot dimensions; k. Location of significant natural features, including floodplains, water courses and wooded areas; l. Location of significant manmade features, including railroads, buildings, utilities, or physical features; m. For residential subdivisions, a minimum of two (2) points of public access to existing public streets; n. Right-of-way dedications or reservations; o. Location of existing and proposed Federal Emergency Management Agency (FEMA) 100-year floodplain limits with elevations; p. Existing and proposed topography at five foot (5’) contour intervals including drainage channels and creeks; q. Outline of all property offered to be dedicated to the City for parkland dedication; r. Outline of all property to be maintained as private parkland; s. Land use, zoning, subdivision name, owner name and address, and recording information for all adjacent properties; t. Schematic layout of tract to be subdivided, any remainder tract, and relationship of proposed subdivision to adjacent properties and existing adjoining development; u. Designation of each phase of development, the order of development, and a schedule for the development of each phase; v. Table indicating the phasing, acreage, land uses, zoning, and anticipated dwelling units for each phase; w. Arterial, collector, and local street layout; x. Provision for water, wastewater and storm drainage facilities to serve the development; y. Any additional information as requested to clarify the proposed development; z. Provide the following notes: Article 12 – Subdivisions Schertz Unified Development Code 12-5 i. The thoroughfare alignments shown on this exhibit are for illustration purposes and do not set the alignment. Alignment is determined at time of final plat; ii. According to Flood Insurance Rate Map, Panel __________, dated _________, a 100-year floodplain {does or does not} exist on this site; iii. All private open space, common areas, greenbelts, drainage easement etc. are the responsibility of the developer or its successors and/or assigns; and iv. State any and all waivers requested for the master plan; and aa. Provide the following acknowledgements and certificates: i. Approval of City Planning and Zoning Commission This Master Plan of the _____________________________ development has been submitted to and considered by the City Planning and Zoning Commission of the City of Schertz, Texas and is hereby approved by such Commission. Dated this _____ day of _____________________, 20___ By: Chairperson ____________________________ Secretary Secretary ____________________________ ii. Certificate of Surveyor State of Texas County of _______________ I, the undersigned, a registered professional land surveyor in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground. (Surveyor's Seal) __________________________ Registered Professional Land Surveyor iii. Certificate of Engineer State of Texas County of _______________ I, the undersigned, a registered professional engineer in the State of Texas, hereby certify that proper engineering consideration has been given to this plat. (Engineer’s Seal) __________________________ Registered Professional Engineer Article 12 – Subdivisions Schertz Unified Development Code 12-6 Sec. 21.12.6 Subdivision Master Plan Process A. Applicability 1. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City’s limits and throughout the City’s ETJ. A Subdivision Master Plan is required to provide for review of certain developments for compliance with the Comprehensive Land Plan, this UDC, any additional adopted plans (i.e. Water, Wastewater, Transportation, Drainage), the compatibility of land uses and the coordination of improvements within and among individual parcels of land or phases of development prior to approval of a preliminary or final plat. 2. A Subdivision Master Plan is required for any development meeting the following criteria: a. The property is undeveloped, is under one (1) ownership, and is greater than 50 acres in size; b. The proposed subdivision of land is to occur in phases; c. The proposed subdivision will require off-site road, drainage or utility connections or improvements that will have a substantial impact or effect on other properties or developments; or d. The property is part of a Development Agreement under section 21.4.10. 3. If a preliminary plat encompasses the entire development, a Subdivision Master Plan will not be required. B. Application Requirements 1. Application Required Any request for a Subdivision Master Plan shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. 2. Accompanying Applications An application for a Subdivision Master Plan may be accompanied by an application for a preliminary plat for the first phase of development. C. Processing of Application and Decision 1. Submittal An application for a Subdivision Master Plan shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services shall forward a copy of the proposed plan to other appropriate departments for review and recommendation. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Recommendation by the Parks and Recreation Advisory Board Prior to consideration by the Planning and Zoning Commission, the Subdivision Master Plan shall be reviewed by the Parks and Recreation Advisory Board for consistency with the Parks and Open Space Master Plan and any other applicable plans of the City. The Parks and Recreation Advisory Board shall provide a written recommendation to Article 12 – Subdivisions Schertz Unified Development Code 12-7 the Planning and Zoning Commission with respect to the acceptability of any area proposed for dedication as public parkland. 3. Decision by the Planning and Zoning Commission The Planning and Zoning Commission shall receive the written recommendation of the Parks and Recreation Advisory Board and the Director of Development Services and shall consider the proposed Subdivision Master Plan. The Planning and Zoning Commission shall act on the plat within 30 days after the date a complete application is filed. The Planning and Zoning Commission may vote to approve, approve with conditions, or deny the proposed Subdivision Master Plan. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within 30 days after the date of the Planning and Zoning Commission’s action. 4. Acceptance of Subdivision Master Plan Approval of a Subdivision Master Plan by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the master plan as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a preliminary plat in accordance with the requirements of this Code. D. Criteria for Approval The Planning and Zoning Commission, in considering final action on a Subdivision Master Plan, should consider the following criteria: 1. The Subdivision Master Plan is consistent with all zoning requirements for the property or any development regulations approved as part of a development agreement; 2. The proposed provision and configuration of roads, water, wastewater, drainage and park facilities is adequate to serve each phase of the subdivision; 3. The schedule of development is feasible and prudent, and assures that the proposed development will progress to completion within the time limits proposed; 4. If the land lies within a Planned Development (PDD) zoning district or is part of an approved development agreement, the proposed Subdivision Master Plan conforms to the PDD district regulations and is consistent with the incorporated Conceptual Plan or any development regulations contained in the approved development agreement; 5. The location, size and sequence of the phases of development proposed assures orderly and efficient development of the land subject to the plan; and 6. No application made under these provisions will receive final approval until all back taxes owed to the City of Schertz have been paid in full. E. Expiration and Extension 1. Expiration The approval of a Subdivision Master Plan shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a preliminary plat for any portion of the land subject to the Subdivision Master Plan. If a preliminary plat has not been approved within within the two (2) year period, the Subdivision Master Plan approval, unless extended, shall expire and the plan shall be null and void. 2. Extension Article 12 – Subdivisions Schertz Unified Development Code 12-8 At the request of the property owners or their representative, the expiration date for approval of a Subdivision Master Plan may be extended by the Planning and Zoning Commission for a period not to exceed one (1) year. A Subdivision Master Plan is not subject to reinstatement following expiration. F. Revisions Following Approval of Subdivision Master Plan 1. Minor Changes Minor changes in the design of the subdivision subject to a Subdivision Master Plan may be incorporated in an application for approval of a Preliminary Plat without the necessity of filing a new application for approval of a Subdivision Master Plan. Minor changes shall include adjustment in street or alley alignments, lengths, and paving details, and adjustment of lot lines that do not result in creation of additional lots, provided that such changes are consistent with any approved prior applications. 2. Amendments All other proposed changes to the design of the subdivision subject to an approved Subdivision Master Plan shall be deemed major amendments that require submittal and approval of a new application for approval of a revised Subdivision Master Plan before approval of a Preliminary Plat. Sec. 21.12.7 Preliminary Plat A. General Where required by section 21.12.8, a Preliminary Plat shall be prepared and submitted in accordance with this Article. B. Submittal Requirements for Preliminary Plat An application for a preliminary plat shall include the following information and documents: 1. Completeness Requirements a. Appropriate fees; b. Application signed and notarized by owner; c. Agent authorization letter; d. Legal metes and bounds description; e. Preliminary Plat checklist; f. Traffic Impact Analysis Determination form; g. Tree Survey; h. 15 folded black line or blue line copies at 18”X24” or 24”X36”; i. One (1) folded 11”X17” reduction of exhibit; j. One (1) CD containing a digital copy of the plat in PDF format; k. Completed application for street name approval; l. Preliminary Drainage Plan; and m. Certified copy of a Tax Certificate for the subject property. 2. Technical Requirements Article 12 – Subdivisions Schertz Unified Development Code 12-9 a. Location/Vicinity Map with north arrow; b. Title Block located in lower right corner including subdivision name, acreage, complete legal description including survey name and abstract number, City, County and preparation date; c. Legend, if abbreviations or symbols are used; d. Name, address and phone number of owner, developer, applicant, and surveyor; e. North arrow; f. Graphic and written scale (minimum 1”=100’); g. Surveyed property boundaries with bearings and distances; h. Legal metes and bounds description with calls matching boundary bearings and distances; i. Lot dimensions including bearing and distances; j. Provide lot and block numbers for every lot (numbers only); k. List the total number of buildable lots; l. Front building setback lines along roadways (provide typical detail of setbacks, including corner lots); m. Provide existing zoning; n. Location of significant natural features, including floodplains, water courses and wooded areas; o. Location of significant manmade features, including railroads, buildings, utilities, or physical features; p. For residential subdivisions, a minimum of two (2) points of public access to existing public streets; q. Areas to be dedicated or reserved for right-of-way including dimensions, area and providing bearings and distances of centerline; r. Recording information for any existing easements (water, sanitary sewer, storm drainage, electric, telephone, gas, cable television, fire lanes, etc.) and rights-ofway and all bearing and distance information on proposed easements including easements filed by separate instrument; s. Location of existing and proposed FEMA 100-year floodplain limits with elevations; t. Existing and proposed topography at five foot (5’) contour intervals including drainage channels and creeks; u. Identify all boundary survey monumentation on the plat. Tie proposed tract to the parent tract monumentation with bearings and distances; v. Boundary lines and acreage of the land to be dedicated to the City for public parkland; w. Boundary lines and acreage of land proposed for private park including note indicating ownership and maintenance responsibility; x. Land use, zoning, subdivision name, owner name and address, and recording information for all adjacent properties; y. For residential subdivisions, a one foot (1’) non-access easement where the rear, front, or side of the property abuts a major or minor arterial; Article 12 – Subdivisions Schertz Unified Development Code 12-10 z. Location of City limits boundary and/or County boundary if they traverse the subdivision, form part of the boundary of the subdivision or are contiguous to such boundary; aa. For preliminary plats exempt from requirements for Subdivision Master Plan, designation of each phase of development and the proposed order of development; bb. Provide the location of proposed water, wastewater and storm drainage facilities to serve the development including sizes; cc. Show proposed street names; dd. Any additional information as requested to clarify the proposed development; ee. Provide the following notes: i. The thoroughfare alignments shown on this exhibit are for illustration purposes and do note set the alignment. Alignment is determined at time of final plat; ii. Notice: Selling a portion of this addition by metes and bounds is a violation of City ordinances and State law and is subject to fines and withholding of utilities and permits; iii. According to Flood Insurance Rate Map, Panel __________, dated __________, a 100-year floodplain {does or does not} exist on this site; iv. If floodplain exists on the property, provide a note stating that the finished floor elevation (FFE) of any structures shall be one foot (1’) above the 100-year flood elevation; v. All private open space, common areas, greenbelts, drainage easement etc. are the responsibility of the developer or its successors and/or assigns; vi. CPS Energy utility note (where applicable); vii. Any applicable notes required by TxDOT; viii. State any and all waivers requested for the plat; ix. State any and all approved or requested waivers; and ff. Provide the following acknowledgements and certificates: i. Owner’s Acknowledgement; State of Texas County of _______________ I (we) the undersigned, owner(s) of the land shown on this plat, and designated herein as the _________________________ subdivision to the City of Schertz, Texas and whose name is subscribed hereto, hereby dedicate for the the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown for the purpose and consideration therein expressed. State of Texas County of _______________ Article 12 – Subdivisions Schertz Unified Development Code 12-11 Before me, the undersigned authority, on this day personally appeared __________________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purposes and considerations therein stated. Given under my hand and seal of office this ______ day of _____________________ 20__ (seal) __________________________ Notary Public, ________________ County, Texas ii. Certification by City Engineer I, the undersigned, City Engineer of the City of Schertz, Texas hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which this approval is required. _________________________ (seal) City Engineer iii. Approval of City Planning and Zoning Commission This plat of the _____________________________ subdivision has been submitted to and considered by the City Planning and Zoning Commission of the City of Schertz, Schertz, Texas and is hereby approved by such Commission. Dated this _____ day of _____________________, 20___ By: Chairperson ____________________________ Secretary ____________________________ iv. Certificate of Platting Surveyor State of Texas County of _______________ I, the undersigned, a registered professional land surveyor in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground. (Surveyor's Seal) __________________________ Registered Professional Land Surveyor v. Certificate of Platting Engineer State of Texas County of _______________ Article 12 – Subdivisions Schertz Unified Development Code 12-12 I, the undersigned, a registered professional engineer in the State of Texas, hereby certify that proper engineering consideration has been given to this plat. (Engineer’s Seal) __________________________ Registered Professional Engineer vi. Utility Provider Certification This proposed subdivision plat has been reviewed and approved by the Cibolo Creek Municipal Authority (CCMA) for wastewater treatment plant capacity. All fees due for impact to the system at time of connection will be calculated at submittal of building permit application at the then current fee schedule. __________________________ Agent for Cibolo Creek Municipal Authority This subdivision plat of the __________________________ subdivision has been submitted to and approved by Guadalupe Valley Electric Cooperative, Inc. for easements. __________________________ Agent for Guadalupe Valley Cooperative, Inc. Sec. 21.12.8 Preliminary Plat Process A. Applicability 1. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City’s limits and throughout the City’s ETJ. A Preliminary Plat is required to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this UDC. 2. A Preliminary Plat may be submitted for any phase of development consistent with an approved Subdivision Master Plan. Where a Subdivision Master Plan is not required and the area to be platted is part of a larger tract of land, the preliminary plat must encompass the entire tract of land under ownership of the subdivider and shall provide a preliminary layout of streets, lots, blocks, utilities and drainage for the larger tract. A final plat may be submitted for individual lots to be platted out of the larger parcel. B. Application Requirements 1. Application Required Any request for a preliminary plat shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. 2. Accompanying Applications An application for a preliminary plat may be accompanied by an application for a final plat for the entire area to be platted or for any portion of the proposed preliminary plat. Article 12 – Subdivisions Schertz Unified Development Code 12-13 C. Processing of Application and Decision 1. Submittal An application for a preliminary plat shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services shall forward a copy of the plat to other appropriate departments for review and recommendation. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Decision by the Planning and Zoning Commission The Planning and Zoning Commission shall receive the written recommendation of the Director of Development Services and shall consider the proposed preliminary plat. The Planning and and Zoning Commission shall act on the plat within 30 days after the date a complete application is filed. The Planning and Zoning Commission must approve a preliminary plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Commission may vote to approve with conditions or deny a preliminary plat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within 30 days after the date of the Planning and Zoning Commission’s action. 3. Acceptance of Preliminary Plat Approval of a preliminary plat by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the plat as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a final plat in accordance with the requirements of this Code. D. Criteria for Approval The Planning and Zoning Commission, in considering final action on a Preliminary Plat, should consider the following criteria: 1. The plat is consistent with all zoning requirements for the property or any approved development agreement; 2. The plat conforms to the general layout of the Subdivision Master Plan (if applicable) and is consistent with the phasing plan approved therein; 3. The proposed provision and configuration of roads, water, wastewater, drainage and park facilities conform to the master facilities plans for the facilities, including without limitation the water facilities, wastewater facilities, transportation, drainage and other master facilities plans; 4. The proposed provision and configuration of roads, water, wastewater, drainage and park facilities, and easements and rights-of-way are adequate to serve the subdivision; and 5. No application made under these provisions will receive final approval until all back taxes owed to the City of Schertz have been paid in full. E. Expiration and Extension Article 12 – Subdivisions Schertz Unified Development Code 12-14 1. Expiration The approval of a preliminary plat shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a final plat for any portion of the land subject to the preliminary plat. If a final plat has not been approved within the two (2) year period, the preliminary plat approval, unless extended, shall expire and the plat shall be null and void. 2. Extension At the request of the property owners or their representative, the expiration date for approval of a preliminary plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A preliminary plat is not subject to reinstatement following expiration. F. Revisions Following Approval of Preliminary Plat 1. Minor Changes Minor changes in the design of the subdivision subject to a Preliminary Plat may be incorporated in an application for approval of a Final Plat without the necessity of filing a new application for approval of a Preliminary Plat. Minor changes shall include adjustment in street or alley alignments, lengths, and paving details, and adjustment of lot lines that do not result in creation of additional lots, provided that such changes are consistent with any approved prior applications. 2. Amendments All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Plat before approval of a Final Plat. Approval of major revisions to an approved Preliminary Plat shall occur prior to the date any approved Subdivision Master Plan would have expired for the same land. Sec. 21.12.9 Final Plat A. General Where required by section 21.12.10, a Final Plat shall be prepared and submitted in accordance with this Article. B. Submittal Submittal Requirements for Final Plat An application for a final plat shall include the following information and documents: 1. Completeness Requirements a. Appropriate fees; b. Application signed and notarized by owner; c. Agent authorization letter; d. Letter of approval from the City Engineer approving all public infrastructure construction plans; e. Legal metes and bounds description; f. Final Plat checklist; Article 12 – Subdivisions Schertz Unified Development Code 12-15 g. Traffic Impact Analysis Determination form; h. Tree Survey; i. 15 folded black line or blue line copies at 18”X24” or 24”X36”; j. One (1) folded 11”X17” reduction of exhibit; k. One (1) CD containing a digital copies of the plat in CAD .dxf or dwg and .pdf format; l. Completed application for street name approval; and m. Certified copy of a Tax Certificate for the subject property. 2. Technical Requirements a. Location/Vicinity Map with north arrow; b. Title Block located in lower right corner including subdivision name, acreage, complete legal description including survey name and abstract number, City, County and preparation date; c. County recording block; d. Legend, if abbreviations or symbols are used; e. Name, address and phone number of owner, developer, applicant, and surveyor; f. North arrow; g. Graphic and written scale (minimum 1”=100’); h. Surveyed property boundaries with bearings and distances; i. Legal metes and bounds description with calls matching boundary bearings and distances; j. Lot dimensions including bearing and distances; k. Provide lot and block numbers for every lot (numbers only); l. List the total number of buildable lots; m. Front building setback lines along roadways (provide typical detail of setbacks, including corner lots); n. Show proposed street names; o. Location of significant natural features, including floodplains, water courses and wooded areas; p. Provide recording information for any existing easements (water, sanitary sewer, storm drainage, electric, telephone, gas, cable television, fire lanes, etc.) and rights-of-way. Provide all bearing and distance information on proposed easements including easements filed by separate instrument; q. For residential subdivisions, a minimum of two (2) points of public access to existing public streets; r. Areas to be dedicated or reserved for right-of-way including dimensions, area and providing bearings and distances of centerline; s. Location of existing and proposed FEMA 100-year floodplain limits with elevations; t. Identify all boundary survey monumentation on the plat. Tie proposed tract to the parent tract monumentation with bearings and distances; Article 12 – Subdivisions Schertz Unified Development Code 12-16 u. Boundary lines and acreage of the land to be dedicated to the City for public parkland; v. Boundary lines and acreage of land proposed for private park including note indicating ownership and maintenance responsibility; w. Subdivision name, owner name and address, and recording information for all adjacent properties; x. For residential subdivisions, a one foot (1’) non-access easement where the rear, front, or side of the property abuts a major or minor arterial; y. Location of City limits boundary and/or County boundary if they traverse the subdivision, form part of the boundary of the subdivision or are contiguous to such boundary; z. Provide letter from TxDOT regarding drainage and access adjacent to TxDOT right-of-way; aa. Any additional information as requested to clarify the proposed development; bb. Provide the following notes: i. Notice: Selling a portion of this addition by metes and bounds is a violation of City ordinances and State law and is subject to fines and withholding of utilities and permits; ii. According to Flood Insurance Rate Map, Panel __________, dated __________, a 100-year floodplain {does or does not} exists on this site; iii. If floodplain exists on the property, provide a note stating that the finished floor elevation (FFE) of any structures shall be one foot (1’) above the 100-year flood elevation; iv. All private open space, common areas, greenbelts, drainage easement etc. are the responsibility of the developer or its successors and/or assigns; v. CPS Energy utility note (where applicable); vi. Any applicable notes required by TxDOT; vii. Note stating that proposed parkland to be dedicated to the City will be dedicated by a general warranty deed upon acceptance of the subdivision by the City; viii. State any and all waivers requested for the plat; and ix. State any and all approved or requested waivers; and cc. Provide the following acknowledgements and certificates: i. Owner’s Acknowledgement State of Texas County of _______________ I (we) the undersigned, owner(s) of the land shown on this plat, and designated herein as the _________________________ subdivision to the City of Schertz, Texas and whose name is subscribed hereto, hereby dedicate for the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown for the purpose and consideration therein expressed. Article 12 – Subdivisions Schertz Unified Development Code 12-17 State of Texas County of _______________ Before me, the undersigned authority, on this day personally appeared _______________________ __, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purposes and considerations therein stated. Given under my hand and seal of office this ______ day of _____________________ 20__ (seal) __________________________ Notary Public, ________________ County, Texas ii. Certification by City Engineer I, the undersigned, City Engineer of the City of Schertz, Texas hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which this approval is required. (seal) _________________________ City Engineer iii. Approval of City Planning and Zoning Commission This plat of the _____________________________ subdivision has been submitted to and considered by the City Planning and Zoning Commission of the City of Schertz, Texas and is hereby approved by such Commission. Dated this _____ day of _____________________, 20___ By: Chairperson ____________________________ Secretary ____________________________ iv. Certificate of Platting Surveyor State of Texas County of _______________ Article 12 – Subdivisions Schertz Unified Development Code 12-18 I, the undersigned, a registered professional land surveyor in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground. (Surveyor's Seal) __________________________ Registered Professional Land Surveyor v. Certificate of Platting Engineer State of Texas County of _______________ I, the undersigned, a registered professional engineer in the State of Texas, hereby certify that proper engineering consideration has been given to this plat. (Engineer’s Seal) __________________________ Registered Professional Engineer vi. County Recording Block State of Texas County of _______________ I __________________________ County Clerk of said County, do hereby certify that this plat was filed for record in my office on the _____day of __________________________ AD ______ at _______ ___M, and duly recorded the _____day of __________________________ AD_____ at ______ __M, in the records of ___________ county, in book volume ________ page ____________ in testimony whereof, witness my hand and official seal of office, this _____day of __________________________ AD, 20___. County Clerk, __________________________ County, Texas By: __________________ _______ vii. Utility Provider Certification This subdivision plat of the __________________________subdivision has been submitted to and approved by Cibolo Creek Municipal Authority for sewer service availability. Article 12 – Subdivisions Schertz Unified Development Code 12-19 __________________________ Agent for Cibolo Creek Municipal Authority This subdivision plat of the __________________________ subdivision has been submitted to and approved by Guadalupe Valley Electric Cooperative, Inc. for easements. __________________________ Agent for Guadalupe Valley Cooperative, Inc. Sec. 21.12.10 Final Plat Process A. Applicability 1. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City’s limits and throughout the City’s ETJ. A Final Plat is required to assure that the division or development of the land subject to the plat is consistent with all standards of this UDC pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this UDC to enable initiation of site preparation activities for any lot or tract subject to the plat. Approval of a Final Plat shall be required prior to any non-exempt division of land and prior to any site preparation activities for a lot or tract of land that requires installation of public improvements on or adjacent thereto. 2. A Final Plat may be submitted for any phase of development consistent with an approved Preliminary Plat. B. Application Requirements 1. Application Required Any request for a final plat shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. 2. Accompanying Applications An application for a final plat shall be accompanied by a letter of approval from the City Engineer and/or the Director of Public Works approving the public infrastructure improvement construction plans showing details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers and other engineering details of the proposed subdivision. Such plans shall be prepared by a registered professional engineer and shall conform to the standard specifications established by the City. Approval of any public infrastructure improvement plans is required prior to final plat application. C. Processing of Application and Decision 1. Submittal An application for a final plat shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services shall forward a copy of the plat to other appropriate departments for review and recommendation. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the Article 12 – Subdivisions Schertz Unified Development Code 12-20 application. After appropriate review, the Director of Development Services shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Decision by the Planning and Zoning Commission The Planning and Zoning Commission shall receive the written recommendation of the Director of Development Services and shall consider the proposed final plat. The Planning and Zoning Commission shall act on the plat within 30 days after the date a complete application is filed. The Planning and Zoning Commission must approve a final plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Commission may vote to approve with conditions or deny a final plat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall shall act on an appeal within 30 days after the date of the Planning and Zoning Commission’s action. D. Criteria for Approval The Planning and Zoning Commission, in considering final action on a Final Plat, should consider the following criteria: 1. The Final Plat conforms to the approved Preliminary Plat, except for minor changes that may be approved without the necessity of revising the approved Preliminary Plat; 2. The plat is consistent with the phasing plan approved with the preliminary plat (where applicable); and 3. The final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this UDC; E. Expiration and Extension 1. Expiration The approval of a final plat shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the final plat has has not been recorded within the two (2) year period, the final plat approval, unless extended, shall expire and the plat shall be null and void. 2. Extension At the request of the property owner or their representative, the expiration date for approval of a final plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A final plat is not subject to reinstatement following expiration. F. Revisions to Final Plat 1. Approved Final Plat An applicant may make minor changes to an approved Final Plat to reflect changes arising from installation of public improvements thereafter, provided that the approved Final Plat has not been recorded and that approval of the revised Final Plat occurs prior to expiration of approval of the initial Final Plat application. The Director of Development Services is authorized to approve minor changes to an approved Final Plat. If the approved Final Plat has been recorded, an amending plat or replat must be approved and recorded. Article 12 – Subdivisions Schertz Unified Development Code 12-21 2. Conditionally Approved or Denied Plat Following conditional approval or denial of a Final Plat application, the applicant may submit a revised Final Plat application, together with any revised public infrastructure improvement construction plans, for approval. The Director of Development Services is authorized to approve revisions required for conditional approval of the final plat. Revisions to a plat which was denied shall be approved by the Planning and Zoning Commission. Approval of a revised plat is required prior to the original expiration date of any approved Preliminary Plat for the same land. a. Filing of security in-lieu of completing construction shall be in accordance with section 21.4.15. Where public infrastructure improvements have been installed prior to recording of the plat, the property owner shall submit a maintenance bond in accordance with section 21.4.15 from each contractor, three (3) sealed sets of “as built” plans or record drawings, and one (1) CD containing a digital copy of all plans (in a format as determined by the Department of Public Works), together with a letter stating the contractors' compliance with section 21.4.15, and bearing sealed certification by the design engineer that all public improvements have been constructed in compliance with all City construction standards. The property owner also shall submit copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the Building Inspections. Where public improvements have yet to be completed in connection with an approved Final Plat, the property owner shall submit in the format and number required by the City Manager or his/her designee, copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the Development Division for signing and recording. b. Upon notification of acceptance of required public improvements or filing of security in-lieu of infrastructure construction, the Director of Development Services shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. Sec. 21.12.11 Minor Plat Process A. Applicability The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City’s limits and throughout the City’s ETJ. A minor plat may be submitted for approval where the proposed division of land involves four (4) or fewer lots fronting onto an existing street and not requiring the creation of any new street or the extension of municipal facilities. B. Application Requirements Any request for a minor plat shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. C. Processing of Application and Decision 1. Submittal An application for a minor plat shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at his/her option, forward a copy of the plat to other appropriate departments for review and recommendation. The Director of Development Services Article 12 – Subdivisions Schertz Unified Development Code 12-22 shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. 2. Minor Plat Approval In accordance with LGC section 212.0065, the Director of Development Services may approve a minor plat. The Director of Development Services may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The Director of Development Services shall not disapprove a minor plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. If a minor plat is referred to the Planning and Zoning Commission, the Commission shall act on the plat within 30 days after the date of the Director of Development Services’s determination. 3. Contents of Minor Plat An application for a minor plat shall include the same information and documents required for approval of a final plat in accordance with section 21.12.9. D. Criteria for Approval The Director of Development Services in considering final action on a Minor Plat should consider the following criteria: 1. The minor plat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved development agreement; 2. All lots to be created by the plat already are adequately served by all required City utilities and infrastructure; and 3. The plat does not require the extension of any municipal facilities to serve any lot within the subdivision; E. Expiration and Extension 1. Expiration The approval of a minor plat shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Director of Development Services or the Planning and Zoning Commission on appeal, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the minor plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2. Extension At the request of the property owners or their representative, the expiration date for approval of a minor plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A minor plat is not subject to reinstatement following expiration. F. Plat Recordation The property owner shall submit the approved minor plat, following any required revisions, to the Director of Development Services, who shall cause the plat to be recorded in the property records of the county in which the land is located. Article 12 – Subdivisions Schertz Unified Development Code 12-23 Sec. 21.12.12 Amending Plat Process A. Applicability The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City’s limits and throughout the City’s ETJ. An amending plat may be filed in accordance with the procedures and requirements set forth in LGC section 212.016 and may be recorded and is controlling over the preceding plat without vacation of that plat and without notice and hearing, if the amending plat is signed and acknowledged by the owners of the property being replatted and is solely for one or more of the following purposes: 1. To correct an error in a course or distance shown on the preceding plat; 2. To add a course or distance that was omitted on the preceding plat; 3. To correct an error in a real property description shown on the preceding plat; 4. To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; 5. To show the location or character of a monument which has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; 6. To correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; 7. To correct an error in courses and distances of lot lines between two (2) adjacent lots if: a. Both lot owners join in the application for amending the plat; b. Neither lot is abolished; c. The amendment does not attempt to remove recorded covenants or restrictions; and d. The amendment does not have a materially adverse effect on the property rights of the other owners in the plat; 8. To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; 9. To relocate one or more lot lines between one or more adjacent lots if: a. The owners of all those lots join in the application for amending the plat; b. The amendment does not attempt to remove recorded covenants or restrictions; and c. The amendment does not increase the number of lots; or 10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if: a. The changes do not affect applicable zoning and other regulations of the municipality; b. The changes do not attempt to amend or remove any covenants or restrictions; and Article 12 – Subdivisions Schertz Unified Development Code 12-24 c. The area covered by the changes is located in an area that the Commission or City Council has approved, after a public hearing, as a residential improvement area; or 11. To replat one or more lots fronting on an existing street if: a. The owners of all those lots join in the application for amending the plat; b. The amendment does not attempt to remove recorded covenants or restrictions; c. The amendment does not increase the number of lots; and d. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. B. Application Requirements Any request for an amending plat shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. C. Processing of Application and Decision 1. Submittal An application for an amending plat shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at his/her option, forward a copy of the plat to other appropriate departments for review and recommendation. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. 2. Amending Plat Approval In accordance with LGC section 212.0065, the Director of Development Services may approve an amending plat. The Director of Development Services may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The Director of Development Services shall not disapprove an amending plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. If an amending plat is referred to the Planning and Zoning Commission, the Commission shall act on the plat within 30 days after the date of the City Manager or his/her designee’s determination. 3. Commission Review of Administratively Approved Plats The Director of Development Services shall provide a quarterly report to the Planning and Zoning Commission containing a summary of plats that have been administratively approved during that quarter and shall include a copy of the approved plat for review by the Commission. D. Contents of Amending Plat An application for an amending plat shall include the same information and documents required for approval of a final plat in accordance with section 21.12.9. E. Expiration and Extension 1. Expiration The approval of an amending plat shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Director of Article 12 – Subdivisions Schertz Unified Development Code 12-25 Development Services or the Planning and Zoning Commission on appeal, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the amending plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2. Extension At the request of the property owners or their representative, the expiration date for approval of an amending plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. An amending plat is not subject to reinstatement following expiration. F. Plat Recordation The property owner shall submit the approved Amending Plat, following any required revisions, to the Director of Development Services, who shall cause the plat to be recorded in the property records of the county in which the land is located. Sec. 21.12.13 Replat Process A. Applicability The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City’s limits and throughout the City’s ETJ. A replat is any plat that complies with LGC sections 212.014, 212.0145, and 212.015, as amended, which is generally submitted to replat a subdivision or part of a subdivision without vacation of the original plat. Replatting a portion of a recorded lot is not permitted. A replat does not itself constitute approval for development of the property. B. Application Requirements Any request for a replat shall be accompanied by an application prepared in accordance with the Planning Department Development Manual. C. Processing of Application and Decision 1. Submittal An application for a replat shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services shall forward a copy of the plat to other appropriate departments for review and recommendation. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements An application for a replat requires notification in accordance with LGC section 212.015. Published notice and written notice to property owners within two hundred feet (200’) who are also within the original subdivision shall be provided in accordance with the requirements of LGC. 3. Decision by the Planning and Zoning Commission The Planning and Zoning Commission shall hold a public hearing and receive the recommendation of the Director of Development Services and shall consider the Article 12 – Subdivisions Schertz Unified Development Code 12-26 proposed replat. The Planning and Zoning Commission shall act on the plat within 30 days after the date a complete application is filed. The Planning and Zoning Commission must approve a replat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Commission may vote to approve with conditions or deny a replat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within 30 days after the date of the Planning and Zoning Commission’s action. D. Contents of Replat An application for a replat shall include the same information and documents required for approval of a final plat in accordance with section 21.12.9. E. Criteria for Approval The Planning and Zoning Commission in considering final action on a replat should consider the following criteria: 1. The replat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved development agreement; 2. The replat is signed and acknowledged by only the owners of the property being replatted; 3. A public hearing was held and parties in interest and citizens have had an opportunity to be heard; and 4. The replat does not attempt to amend or remove any covenants or restrictions. F. Protests If the replat application is accompanied by a variance petition and is protested in accordance with this section, approval of the replat shall require the affirmative vote of at least three-fourths (3/4) of the members of the Planning and Zoning Commission present at the meeting. For a legal protest, written instruments signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the replat application and extending two hundred feet (200’) from that area, but within the original subdivision, must be filed with the Commission prior to the close of the public hearing. In computing the percentage of land area under this section, the area of streets and alleys shall be included. G. Expiration and Extension 1. Expiration The approval of a replat shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the replat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2. Extension At the request of the property owners or their representative, the expiration date for approval of a replat may be extended by the Planning and Zoning Commission for a Article 12 – Subdivisions Schertz Unified Development Code 12-27 period not to exceed six (6) months. A replat is not subject to reinstatement following expiration. H. Plat Recordation The property owner shall submit the approved replat, following any required revisions, to the Director of Development Services, who shall cause the plat to be recorded in the property records of the county in which the land is located. Sec. 21.12.14 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: a. To ensure compliance with the requirements of this UDC; b. To promote better site design; c. To integrate projects more effectively into their surrounding environment; d. To prevent the impairment or depreciation of property values; e. To improve internal vehicular and pedestrian circulation; f. To encourage quality and innovative Site Planning techniques; techniques; g. To project and enhance the overall general public health, safety and welfare; h. To ensure efficient and safe land development; i. To ensure harmonious use of land; j. To ensure compliance with the Comprehensive Land Plan and other appropriate design standards; and k. To 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 25% of the existing building square footage; e. For any PDD or SUP; f. For any single-family residential development that includes a private amenity or facility or a golf course; and g. No building permit shall be issued for any of the above developments until a Site Plan and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and Article 12 – Subdivisions Schertz Unified Development Code 12-28 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. Site Plan review and approval; and iii. Construction of project (after City approval of required Site Plan and other associated plans, including platting and engineering plans). 3. Exempted Uses The following land use activities are exempted from the requirements of this Article: a. Construction of one-or two-family dwellings, ordinary accessory structures and related land use activities; b. Ordinary repair and maintenance of existing structures or uses; c. Agricultural land use; d. Incidental landscaping or grading; e. Individual manufactured homes; and f. Interior alterations that do not substantially change the nature or use of the structure. B. Application Requirements Any request for Site Plan approval shall be accompanied by by an application prepared in accordance with the Planning Department Development Manual. C. Processing of Application and Decision 1. Submittal An application for a Site Plan shall be submitted to the Director of Development Services. The Director of Development Services shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services may, at his/her option, request a recommendation from any other City Department or consultant. The Director of Development Services shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Director of Development Services shall forward a recommendation to the Planning and Zoning Commission for consideration. 2. Decision by the Planning and Zoning Commission The Planning and Zoning Commission shall receive the recommendation of the Director of Development Services and shall consider the proposed Site Plan. The Commission may vote vote to approve, approve with conditions, or deny the proposed Site Plan. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within 30 days after the date of the Planning and Zoning Commission’s action. D. Contents of a Site Plan An application for a Site Plan shall include the following information and documents: 1. Completeness Requirements Article 12 – Subdivisions Schertz Unified Development Code 12-29 a. Appropriate fees; b. Application signed and notarized by owner; c. Agent authorization letter, as required; d. Legal metes and bounds description; e. Site plan checklist; f. Traffic Impact Analysis Determination form; g. Tree Survey; h. 15 folded black line or blue line copies at 18”X24” or 24”X36” as required in the development application; i. One (1) folded 11”X17” reduction of exhibit; j. One (1) CD containing a digital copy of the plan in PDF format; and k. Completed application for street name approval. 2. Technical Requirements a. Location/Vicinity Map with north arrow; b. North arrow; c. Graphic and written scale (minimum 1”=20’); d. Approximate distance to the nearest cross street; e. Site boundaries, bearings and dimensions, lot lines, site acreage and square footage; f. Title Block located in lower right corner including subdivision name with lot and block number, acreage, complete legal description including survey name and abstract number, City, County and preparation date; g. Legend, if abbreviations or symbols are used; h. Name, address and phone number of owner, developer, applicant, and surveyor; i. Parking areas and structures with typical parking detail; j. Site data summary table providing the following information: i. Zoning; ii. Proposed use; iii. Building area (gross square footage); iv. Building height (feet and number of stories); v. Square footage of impervious surface; vi. Total parking: required/provided (ex: 44 required/45 provided); vii. Number of handicap spaces: required/provided (per ADA standards); and viii. Number of dwelling units and number of bedrooms for multifamily development (if applicable); k. Existing improvements within seventy-five feet (75’) of the subject property; l. Land use, zoning, subdivision name, recording information and owner of adjacent unplatted property; Article 12 – Subdivisions Schertz Unified Development Code 12-30 m. Building locations, size and dimensions, dimensions between buildings on the same lot, building lines and setbacks and use; n. Dimensions of all drive lanes; o. FEMA 100-year floodplain with elevation including finished floor elevation. Include floodplain note provided as part of plat; p. Public streets, private drives and fire lanes with pavement widths, rights-of-way, median openings, turn lanes, existing driveways of adjacent property and driveways shown on approved plans for adjacent property with dimensions, radii and surface type; q. Distances between existing and proposed driveways; r. Loading and unloading areas, the location of ramps, crosswalks, sidewalks and barrier free ramps with typical dimensions; s. Location of off-street loading areas, dumpsters and trash compactors with height and material of screening; t. Size, location, dimensions and details of all signs and exterior lighting of signs, including type of standards, locations and radius of light and intensity of footcandles, subject to approval by the Building Inspections Division; u. Location of existing and proposed water and sanitary sewer mains and service lines with sizes, valves, fire hydrants, manholes and other structures on site and adjacent to the site; v. Show traffic flow arrows and dimensions of drive isles; w. Inlets, culverts and other drainage structures on-site and adjacent to the site; x. Existing and proposed easements (utility, floodway and drainage, access, visibility and maintenance, fire lane, etc.); y. Provide an elevation of all four (4) sides of the building including building materials, colors and dimensions at an architectural scale of 1”=20’; and z. Landscape plan provided on separate sheet and including the following: i. Natural features including tree masses and anticipated tree loss, floodplains, drainage ways and creeks; ii. Screening walls, fences, living screens, retaining walls, headlight screens and service area screens, including height and type of construction and/or planting specification; iii. Existing/preserved trees including location, size and species; iv. Landscaping materials including location, size etc.; v. Proposed plant materials including locations, species, spacing (if applicable) and size (at time of planting and at maturity); and vi. Note irrigation, sprinkler or water systems, including placement of water sources, including the following note: “All green space and landscaping will be maintained by (type) watering system; and aa. Provide acknowledgement and certificates as stated in Section 21.12.5.B.ee.i. bb. Any additional information as requested to clarify the proposed development. E. Criteria for Approval Article 12 – Subdivisions Schertz Unified Development Code 12-31 The Planning and Zoning Commission, in considering final action on a Site Plan, should consider the following criteria: 1. The Site Plan is consistent with the general purpose and intent of the applicable zoning district regulations; 2. The Site Plan is compatible with adjacent developments and neighborhoods and includes improvements to mitigate development related adverse impacts; 3. The Site Plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing traffic patterns in the area; 4. The Site Plan incorporates features to minimize adverse effects on adjacent properties; 5. Adequate capacity of public or private facilities for water, sewer, electricity and transportation to and through the development are provided to the site; 6. The proposed use and associated Site Plan promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City. F. Revisions to Approved Site Plan Changes to an approved Site Plan shall be processed in the same manner as the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved Site Plan, may be authorized by the Director of Development Services. An aggrieved party may appeal the decision of the Director of Development Services to the BOA in accordance with the provisions of this Code. G. Expiration of Site Plan A Site Plan shall expire if any of the following occurs: 1. A building permit, if any, for the use has not been approved within two (2) years of the approval of a Specific Use Permit; 2. A building permit has not been approved within two (2) years of the approval of a Site Plan as part of a Planned Development District; 3. A building permit permit has not been approved within two (2) years for the construction of any building on the property for which the Site Plan was approved; and 4. A building permit that was approved as a result of an approved Site Plan expires within two (2) years of approval of the Site Plan. Sec. 21.12.15 Waivers A. General The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic Article 12 – Subdivisions Schertz Unified Development Code 12-32 conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds: 1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and 2. That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done. B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver. C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted. D. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid code or ordinance of the City. E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above. End of Article 12 Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-1 13.Article 13 Land Disturbing Activities and Drainage Sec. 21.13.1 Clearing and Grading A. No removal of trees, land clearing and grading shall occur without the required approvals and permits. Clearing and grading activity shall be limited to the limits of grading area identified on the approved grading plan. A clearing and grading permit is required by the City and can be applied for once the final plat has been approved by the Planning and Zoning Commission. B. All clearing and grading permits shall be reviewed by the City Engineer and Public Works Department and approved by the Director of Development Services and Zoning. C. The following shall be exempt from the requirement for clearing and grading permit: 1. Grading and clearing in emergency situations involving immediate danger to life and property or substantial fire hazards; 2. The removal of underbrush, dead trees or diseased or damaged trees which constitute constitute a hazard to life and property based upon field inspection verification; and 3. Grading and clearing practices associated with normal agricultural crop operations, excluding timber cutting. Sec. 21.13.2 Drainage A. Applicability. The provisions of this section shall apply to any capital improvement project, application for subdivision plat, master development plan, or building permit approval except as otherwise provided by this chapter. A stormwater management plan shall be provided as set forth in section 21.13.3. B. Stormwater Management Program. 1. System Criteria a. All stormwater management facilities, or combination of facilities, shall be designed for ultimate development. Facilities with drainage areas less than one hundred (100) acres shall be designed for a twenty-five-year storm. Facilities with drainage areas over one hundred (100) acres or areas within a designated floodplain shall be designed for a 100-year storm or a twenty-five-year storm plus. b. Freeboard (based on Table 3-9) if if that elevation is higher. Detention facilities and streets are exceptions to the frequency criteria cited above. Detention facility outflows will be designed for five-year, twenty-five-year and 100-year frequency storms. Refer to subsection 3(g) for specific drainage design criteria for streets. c. Three (3) development conditions shall be analyzed for each development. i. Existing Conditions. This refers to current development conditions in the watershed and on-site. Use as the baseline analysis for determining the impact of development. ii. Proposed Conditions. This refers to existing conditions with the proposed development added. Use to determine if the increased runoff from the proposed development results in an adverse impact to other properties. Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-2 iii. Ultimate Conditions. This refers to ultimate development conditions within the watershed used to design the drainage facilities. This condition may be used in-lieu of subsection (2) above, to determine if the increased runoff from the ultimate watershed development results in an adverse impact to other properties. d. Responsibility to Accept Stormwater. The owner or developer of property to be developed shall be responsible for the conveyance of all stormwater flowing through the property. This responsibility includes the stormwater flowing onto the property by any other developed property as well as the drainage naturally flowing through the property by reason of topography. Future upstream development shall be accounted for by assuming ultimate development when sizing drainage systems as specified in this section. e. Positive Overflow Pathways. Stormwater management facilities for local drainage systems will be designed to ensure that a positive overflow pathway is provided to the nearest 100-year conveyance facility. The overflow pathway must be delineated on a plan that shows all existing structures in the vicinity impacted by the overflow pathway. f. Maintenance. i. Maintenance of publicly owned facilities will be the responsibility of the City. Maintenance of private facilities is the responsibility of the property owner or the community association and must be specified in the maintenance schedule submitted to the City. A maintenance schedule for both publicly owned and privately owned facilities must be approved by the Director of Public Works prior to the approval of construction drawings. ii. Authorized personnel from the City shall conduct periodic inspections of these facilities and structures. Any required repairs will be consistent with current construction standards. Maintenance issues identified by the City or State during inspections shall be the responsibility of the current owner. g. New Development. Peak stormwater runoff rates from all new development shall be less than or equal to the peak runoff rates from the site's predevelopment conditions for the five-year, twenty-five-year and 100-year design storm events, except as provided in subsection B.1, above. h. Redevelopment. Peak stormwater runoff rates from an area of redevelopment due to zoning or replatting shall be less than or equal to the peak runoff rates produced by existing development conditions for the five-year, twenty-five-year and 100-year design storm events, except as provided in subsection B.1, above. C. Method of Computing Runoff. 1. Calculation Methods. a. For drainage areas less than six hundred forty (640) acres, the basis for computing runoff shall be the rational formula or some other method provided it is acceptable to the director of public works. Hydraulic calculations shall be performed by using the U.S. Army Corps of Engineers HEC-2 "Water Surface Profiles" or HEC-RAS "River Analysis System" computer models. Normal depth channel calculations are permissible for constructed open channels with a uniform geometric cross section where 1) there is no potential for the water surface elevations to be controlled by backwater and 2) the channel is not in a FEMA floodplain. b. For drainage areas six hundred forty (640) acres or greater, the basis for computing runoff shall be a unit hydrograph method, preferably the Soil Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-3 Conservation Service (SCS) Dimensionless Unitgraph method as contained in the U.S. Army Corps of Engineers Hydrologic Engineering Center HEC-1 "Flood Hydrograph Package," which document shall be maintained on file with the director of public works and is hereby incorporated by this reference. For the SCS method, antecedent moisture condition II shall be used in the runoff model. Design rainfall values listed in Table 21.13-4 shall be used for hydrograph calculations. c. Open channel hydraulic calculations shall be performed by using the U.S. Army Corps of engineers HEC-2 "Water Surface Profiles" or HEC-RAS "River Analysis System" computer models, which documents shall be maintained on file with the director of public works and is hereby incorporated by this reference. d. Certain watersheds have hydrologic and hydraulic models that are available through and maintained by the City. Developments proposed within the limits limits of these watersheds must have the models updated by the consultant to reflect changes in flow, channel configuration (including alterations to vegetation) and channel structures. The consultants' models must use the same computer program that was used in the existing model e.g. HEC-RAS models will not be accepted where the original model used HEC-2. The updated models shall be submitted to the director of public works for incorporation into the master models. The City will periodically update the master models to reflect current watershed development conditions. The updated models will be made available for use and distribution as the latest existing condition models for the watershed. 2. Time of Concentration. a. Overland (sheet) flow, shallow concentrated flow and channel flows are components that need to be considered in the calculation of time of concentration. The following methods are recommended for time of concentration calculation. b. Overland flow -flow over plane surfaces: Maximum allowable time is twenty (20) minutes. Minimum is five (5) minutes. The overland flow time chart from "Design" by Elwyn E. Seelye may be used to calculate overland flow times. Note that the minimum time has been reduced to five (5) minutes. c. Shallow concentrated flow -overland flow usually becomes shallow concentrated flow after a maximum of three hundred (300) feet: Use Manning's equation to estimate travel time for defined swales, bar ditches and street sections, etc. Figure 3-1 from TR-55 "Urban Hydrology for Small Watersheds", SCS 1986, may be used where a geometric section has not been defined. d. Channel flow: Use existing computer models where available or Manning's equation if data is not available. Non-floodplain channel velocities for ultimate watershed development should not be less than six (6) fps when estimating time of concentration. 3. Runoff Coefficients. Runoff coefficients (C value) for use in the rational formula shall not be less than the values shown in Tables 21.13.1A or 21.13.1B, as appropri ate. Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-4 Table 21.13.1A Runoff Coefficients (C) -Percentage SLOPE Character of Area Up to 1% Over 1% up to 3% Over 3% up to 5% Flow over 5% Business or commercial areas (90% or more impervious), Existing Pavement /Buildings 95 96 97 97 Densely developed areas (80% to 90% impervious) 85 88 91 95 Closely built residential areas and school sites 75 77 80 84 Undeveloped areas * -Present land is undeveloped and ultimate land use is unknown. C values for use in ultimate development calculations. 68 70 72 75 Large lot residential area 55 57 62 64 Undeveloped areas * -Existing conditions. See Table 21.13.1B Average residential area 65 67 69 72 Table 21.13.1B Runoff Coefficients (C) -Percentage SLOPE Character of Area Up to 1% Over 1% up to 3% Over 3% up to 5% Flow over 5% Cultivated or Range (Grass Cover < 50% of Area) 44 47 53 55 Range (Grass Cover 50--75% of Area) 37 41 49 53 Forest or Range (Grass Cover > 75% of Area) 35 39 47 52 4. Rainfall Intensity. Use Figure 21.13.1 to determine rainfall intensity. Table 21.13-2 Rainfall Intensities (inches/hour) TIME FREQUENCY MINUTES 2-YEAR 5-YEAR 10-YEAR 25-YEAR 50-YEAR 100-YEAR 500-YEAR 1 6.94 8.00 8.84 9.99 11.09 11.92 13.55 2 6.69 7.72 8.53 9.67 10.69 11.53 13.24 3 6.45 7.46 8.24 9.36 10.31 11.15 12.93 4 6.22 7.21 7.95 9.05 9.95 10.79 12.62 Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-5 Table 21.13-2 Rainfall Intensities (inches/hour) TIME FREQUENCY MINUTES 2-YEAR 5-YEAR 10-YEAR 25-YEAR 50-YEAR 100-YEAR 500-YEAR 5 6.00 6.96 7.68 8.76 9.60 10.44 12.30 6 5.79 6.73 7.42 8.48 9.27 10.10 11.98 7 5.59 6.50 7.17 8.20 8.95 9.78 11.66 8 5.40 6.28 6.93 7.94 8.65 9.47 11.34 9 5.21 6.08 6.70 7.69 8.37 9.17 11.01 10 5.04 5.88 6.48 7.44 8.10 8.88 10.68 11 4.88 5.69 6.27 7.21 7.85 8.61 10.35 12 4.72 5.52 6.08 6.98 7.61 8.35 10.02 13 4.58 5.35 5.89 6.76 7.39 8.10 9.68 14 4.45 5.19 5.72 6.56 7.19 7.86 9.34 15 4.32 5.04 5.56 6.36 7.00 7.64 9.00 16 4.22 4.94 5.46 6.26 6.89 7.53 8.89 17 4.12 4.84 5.36 6.16 6.79 7.42 8.78 18 4.03 4.75 5.27 6.06 6.68 7.31 8.68 19 3.94 4.66 5.17 5.96 6.58 7.20 8.57 20 3.85 4.56 5.08 5.86 6.48 7.09 8.47 21 3.76 4.48 4.99 5.77 6.38 6.99 8.36 22 3.67 4.39 4.90 5.68 6.28 6.88 8.26 23 3.59 4.30 4.82 5.59 6.18 6.78 8.16 24 3.51 4.22 4.73 5.50 6.09 6.68 8.06 25 3.43 4.14 4.65 5.41 6.00 6.58 7.96 26 3.35 4.06 4.57 5.33 5.91 6.49 7.86 27 3.27 3.98 4.49 5.24 5.82 6.39 7.76 28 3.20 3.91 4.41 5.16 5.73 6.30 7.67 29 3.13 3.83 4.33 5.08 5.64 6.21 7.57 30 3.06 3.76 4.26 5.00 5.56 6.12 7.48 31 2.99 3.69 4.19 4.92 5.48 6.03 7.39 32 2.93 3.62 4.12 4.85 5.40 5.95 7.30 33 2.87 3.56 4.05 4.77 5.32 5.86 7.21 34 2.81 3.49 3.98 4.70 5.24 5.78 7.12 35 2.75 3.43 3.92 4.63 5.17 5.70 7.03 Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-6 Table 21.13-2 Rainfall Intensities (inches/hour) TIME FREQUENCY MINUTES 2-YEAR 5-YEAR 10-YEAR 25-YEAR 50-YEAR 100-YEAR 500-YEAR 36 2.69 3.37 3.86 4.56 5.09 5.62 6.94 37 2.64 3.31 3.80 4.50 5.02 5.54 6.86 38 2.59 3.26 3.74 4.43 4.95 5.47 6.77 39 2.54 3.21 3.68 4.37 4.88 5.40 6.69 40 2.49 3.15 3.62 4.31 4.82 5.32 6.61 41 2.45 3.10 3.57 4.25 4.75 5.25 6.53 42 2.40 3.06 3.52 4.19 4.69 5.19 6.45 43 2.36 3.01 3.47 4.13 4.63 5.12 6.37 44 2.32 2.97 3.42 4.08 4.57 5.05 6.29 45 2.29 2.92 3.37 4.02 4.51 4.99 6.21 46 2.25 2.88 3.33 3.97 4.45 4.93 6.14 47 2.22 2.85 3.29 3.92 4.40 4.87 6.06 48 2.19 2.81 3.25 3.87 4.34 4.81 5.99 49 2.16 2.78 3.21 3.83 4.29 4.76 5.92 50 2.14 2.74 3.17 3.78 4.24 4.70 5.85 51 2.11 2.71 3.13 3.74 4.19 4.65 5.78 52 2.09 2.69 3.10 3.70 4.15 4.60 5.71 53 2.07 2.66 3.07 3.66 4.10 4.55 5.64 54 2.06 2.63 3.04 3.62 4.06 4.50 5.58 55 2.04 2.61 3.01 3.59 4.02 4.45 5.51 56 2.03 2.59 2.99 3.55 3.98 4.41 5.45 57 2.02 2.57 2.96 3.52 3.94 4.37 5.38 58 2.01 2.56 2.94 3.49 3.91 4.33 5.32 59 2.00 2.54 2.92 3.46 3.87 4.29 5.26 60 2.00 2.53 2.90 3.43 3.84 4.25 5.20 120 1.10 1.54 1.83 2.21 2.50 2.78 3.48 180 0.86 1.19 1.41 1.68 1.88 2.08 2.53 240 0.70 0.97 1.13 1.33 1.50 1.65 1.99 360 0.51 0.71 0.83 0.98 1.09 1.19 1.41 720 0.28 0.39 0.46 0.55 0.61 0.67 0.81 1440 0.165 0.227 0.273 0.324 0.366 0.413 0.513 Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-7 5. SCS Curve Numbers. The SCS curve numbers adopted for use by the City are shown in Table 21.13.3. The hydrologic soil groups are listed in the latest version of the United States Natural Resources Conservation Service [formerly the Soil Conservation Service], "Urban Hydrology for Small Watersheds", Technical Release No. 55 (TR 55), which document is hereby incorporated by this reference. Soil types that relate to the hydrologic soil group may be found in the latest version of the United States Natural Resources Conservation Service Soil Surveys for Bexar, Guadalupe and Comal Counties, Texas which documents are hereby incorporated by this reference. Soil types may also be based on a Geotechnical Engineering Report. Table 21.13.3 SCS Curve Number by Soil Type Hydrologic Soil Group Description SCS Curve Number A Soils having a low runoff potential due to high infiltration rates. These soils consist primarily of deep, well drained sand and gravels. 25 B Soils having a moderately low runoff potential due to moderate infiltration rates. These soils consist primarily of moderately deep to deep, moderately well to well drained soils with moderately fine to moderately coarse textures. 55 C Soils having moderately high runoff potential due to slow infiltration rates. These soils consist primarily of soils in which a layer exists near the surface that impedes the downward movement of water or soils with moderately fine to fine texture. 70 D Soils having a high runoff potential due to very slow infiltration rates. These soils consist primarily of clays with high swelling potential, soils with permanently high water tables, soils with a clay pan or clay layer at or near the surface, and shallow soils over nearly impervious parent material. 77 6. Percent Impervious Cover. The percent impervious cover for typical land use types in the City are presented in Table 21.13.4. Table 21.13.4 Percent Impervious Cover by Land Use Land Use Category Average Percent Impervious Cover 1/8 acre Residential Lots, or Garden or townhouse apartments, 65--85% 1/4 acre Residential Lots 38% 1/3 acre Residential Lots 30% 1/2 acre Residential Lots 25% Residential 1 acre Residential Lots or 20% Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-8 Table 21.13.4 Percent Impervious Cover by Land Use Land Use Category Average Percent Impervious Cover Industrial 72--85% Business or Commercial 85--95% Densely developed (apartments) 65--85% Streets, Roads, and Parking Areas 98% 7. Design Rainfall. A twenty-four-hour rainfall distribution shall be applied for runoff calculations. Rainfall intensities as adopted for the City are given in Table 21.13.5 and should be used for HEC-1 input. The lag value for a subarea shall be calculated as 0.6 times the time of concentration. Table 21.13.5 Design Rainfall Values (inches) Duration Frequency 5-year 10-year 25-year 50-year 100-year 500-year 5 minute 0.58 0.64 0.73 0.8 0.87 1.03 15 minute 1.26 1.39 1.59 1.75 1.91 2.25 60 minute 2.53 2.9 3.43 3.84 4.25 5.2 2 hour 3.08 3.66 4.42 4.99 5.57 6.95 3 hour 3.57 4.23 5.04 5.64 6.23 7.6 6 hour 4.26 4.99 5.89 6.52 7.13 8.47 12 hour 4.68 5.55 6.58 7.32 8.05 9.68 24 hour 5.45 6.55 7.78 8.78 9.91 12.75 8. Routing of Runoff. Routing of the runoff hydrograph through the channel from one subarea calculation point to the next in the HEC-1 shall be computed using one of the following methods: a. Overbank/channel storage not significant: Use normal depth channel routing. b. Overbank/channel storage is significant: use the Muskingum method where a hydraulic model is not available. Use Modified Puls Storage method where a hydraulic model is available to develop storage/out flow relationship. c. Kinematic wave method for channel reaches where inflow from overbank runoff or multiple point sources (Example: storm sewer outfalls) is significant and where hydrograph attenuation is insignificant. Channel routing methodologies currently being applied in the existing HEC-1 model of the watershed shall not be replaced with a different methodology without approval or direction from the director of public works. Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-9 9. Manning's Roughness Coefficient. Manning's roughness coefficients ("N" values) for use in routing methods or in hydraulic calculations shall be consistent with the values listed in Table 21.13.6. Table 21.13.6 Manning's Roughness Coefficient Channel Description Manning's "N" Value Concrete Lined Channel 0.015 Grass Lined Channel with regular maintenance 0.035 Grass Lined Channel without recent maintenance 0.050 Vegetated Channel with trees, little or no underbrush 0.055 Natural Channel with trees, moderate underbrush 0.075 Natural Channel with trees, dense underbrush 0.090 Natural Channel with dense trees and dense underbrush 0.100 Overbank Description Manning's "N" Value Pasture 0.035--0.055 Trees, little or no underbrush, scattered structures 0.060--0.075 Dense vegetation, multiple fences and structures 0.075--0.090 The "N" value to be used in Manning's Formula shall conform to the following for design purposes: a. Earth channels--0.035 b. Concrete lined channels--0.015 c. Reinforced concrete pipe--0.013 d. Concrete box culverts--0.013 e. Corrugated metal pipe: a. Unpaved 1/2" corrugated--0.024 iii. ii. Unpaved one (1) inch corrugated--0.027 Any other "N" value shall be based on generally accepted engineering principles. D. Drainage Easements/Rights-of-Way. 1. Where a subdivision is traversed by a watercourse, drainageway, natural channel or stream, there shall be provided an easement or right-of-way conforming substantially to the limit of such watercourse, plus additional width as outlined below. 2. Easement or right-of-way requirements are specified in the following subsections of this section for particular stormwater management facilities: a. Subsection D 3 Natural Watercourses or Floodplains; b. Subsection h.6.v Concrete Lined Channels; c. Subsection H.7.iii and iv Vegetated Earth Channels; Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-10 d. Subsection I.C Storm Sewers. 3. Easements for natural watercourses shall be the 100-year floodplain or the twenty-fiveyear plus freeboard (see Table 21.13.9 of this section) whichever is greater. In floodplain areas where ongoing maintenance is required or the floodplain will be reserved for use by the public, the drainage easements shall be maintained by a public entity and the property will be dedicated to the city as a multi-use drainage easement. A drivable access way shall be provided in floodplain easements for the length of the easement when regular maintenance of the floodplain is required. Diversion of stormwater away from the natural watercourse will not be allowed except within the boundaries of the property controlled by the developer, provided that the diverted water is returned to the watercourse within which it would naturally have been flowing prior to leaving the developer's property. An analysis of the timing of the diverted hydrograph on watersheds greater than twenty (20) acres, as it reenters the receiving watercourse, must be performed to show that the peak flow rate in the receiving watercourse has not been increased as a result of the diversion. 4. An unobstructed access right-of-way connecting the drainage easement with an alley or roadway parallel to or near the easement shall be provided at a minimum spacing of one (1) access right-of-way at approximately one thousand-foot intervals. The access right-of-way shall be a minimum of fifteen (15) feet in width and shall be maintained clear of obstructions that would limit maintenance vehicular access. If the flow line of the designed channel incorporates grade control structures or vehicular bridges that would prevent maintenance equipment from accessing that portion of the channel, additional access points may be required. Channel design, earthen or concrete, shall have ramps in the side slopes near the access points that would allow maintenance maintenance equipment to descend to the floor level of the channel. The maximum allowable ramp slope for vehicular access is seven to 1 (7:1). Access points adjacent to roadways or alleys shall be provided with a post and cable feature with padlock to prevent unauthorized use. 5. In those cases where drainage easements cross lot and property lines, a statement shall be added to the plat that no fencing or structures that will interfere with adequate drainage flow will be allowed on or across such lines. Fencing may be allowed across drainage easements only in accordance with the following restrictions: a. Bottom of fence shall be a minimum of the flow depth, plus freeboard (see Table 21.13.9 of this section) above design flow line of channel or drain. b. A hinged gate will be placed across the entire width of the drainage easement. c. Fence posts located within the easement must be structurally designed to resist damage from the stormwater flows and impact from debris. d. A floodplain development permit will be required to construct a fence within an easement within the 100-year floodplain. 6. Interceptor drainage easements and channels shall be provided where the drainage area to the back of platted lots exceeds the depth of two (2) average residential lots. Interceptor drains shall be constructed prior to the issuing of building permits on any lot that would be affected by natural drainage being intercepted. 7. All developments shall provide for adequate drainage outfall at the lower end of the site into an existing street, alley, drainage, easements or right-of-way, or to the centerline of an existing natural drain. Where proposed street, storm sewer, or open channel does not discharge into a natural low or into an existing adequate drainage easement then facilities and drainage easements of adequate width to contain the design discharge shall be constructed and dedicated to the centerline of an existing natural low within the same watershed. However, where the natural low lies within the developer's property, the developer will be required only to plat an easement to the centerline of the natural Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-11 low, provided that the easement is adequate to accommodate the facilities that will be built in conjunction with the future development of that property. E. Site Design and Grading. 1. All land disturbing or land filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation, and to safeguard life, limb, property and the public welfare in accordance with the TPDES General Permit TXR150000, as amended, and the document entitled "Complying with the Edwards Aquifer Rules; Technical Guidance on Best Management Practices, " by Michael E. Barrett, Ph.D., P.E. Center for Research in Water Resources, Bureau of Engineering Research, University of Texas at Austin, (RG-348, June 1999), which documents are hereby incorporated by this reference. 2. Erosion and sedimentation controls in accordance with the specifications established by the director of public works in compliance with the National Pollution Discharge Elimination System (NPDES) permitting requirements for the city are required. 3. Projects shall not be considered complete until restoration has been made in accordance with NPDES requirements. 4. Where possible, multiple uses of drainage facilities and open space shall be incorporated by the owner or developer of a new subdivision. Alternative uses such as public recreation, horse/bike/hiking trails, walking paths, nature preserves, wildlife habitat areas, etc. are encouraged subject to the approval of the director of public works. 5. A note must be placed on the plat for residential lots, which states that finished floor elevations must be a minimum of eight (8) inches above final adjacent grade. A grading plan shall be prepared and submitted to the City, which indicates typical lot grading for all lots in the subdivision using typical FHA lot grading types (A, B and C). A more detailed grading plan is also acceptable. F. For projects with an increased impervious area of greater than 0.1 acres, stormwater detention shall be required for all new developments or redevelopment of individual parcels of property to mitigate peak flow rates to predevelopment or existing development conditions as stated in sections 21.13.2.C.6 and 21.13.2.C.7 of this section. 1. The maximum allowable outflow rate from the detention facility must be restricted to the flow rate from the undeveloped or existing development tract for the five-year, twentyfive-year and 100-year frequency. Best management practices shall be used in the design of detention facilities in accordance with this section. The timing of the hydrograph released from the detention facility must be checked against the timing of the flow rate in the first open watercourse to prevent any increase in the peak flow rate in the receiving watercourse. For detention basins constructed in-line on an existing watercourse, the creation of the basin shall not increase flood elevations in the channel upstream of the new development boundaries. 2. On-site detention facilities must be privately owned and shall be maintained by the community association or property owner. A maintenance schedule shall be submitted to the public works department and approved by the director of public works prior to approval of construction plans. The City will have the right to do periodic inspections of privately owned and maintained detention facilities to ensure that the maintenance schedule is being implemented. Where a detention facility accepts flows from public facilities such as City rights-of-way, the detention facility will be considered a detention facility serving a public purpose and will be dedicated to the city upon completion and a drainage easement will be dedicated to provide for access to the facility. When a regional detention facility accepts flow from an area exceeding three hundred (300) Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-12 acres, the facility shall be considered serving a public purpose and shall be dedicated to the City. 3. Multi-use facilities are encouraged, but not required (multi-use facilities allows for water quality, satisfy NPDES requirements, enhance around water recharge, provide open space, provide recreation or other amenities, and/or provide habitat) and may be utilized so long as the facility meets the standards set forth in subsection (a) of this section and does not increase the rate or volume of erosion above that which would result from the use of a facility without multiple uses. The use of multi-use detention facilities to alleviate existing flooding problems, enhance and provide amenities for older neighborhoods, and support the revitalization of economically depressed areas is encouraged in public and private redevelopment initiatives. 4. Stormwater retention with permanent wet pool or pumped detention systems will not be acceptable methods of stormwater mitigation unless the facility will remain privately owned, operated, and maintained. The City will approve the use of a pumped facility for private use under the following conditions: a. A gravity system is not feasible from an engineering and economic standpoint. b. At least two (2) pumps are provided each of which is sized to pump the design flow rate. c. The selected design outflow rate must not aggravate downstream flooding. d. Controls and pumps shall be designed to prevent unauthorized operation and vandalism. e. Adequate assurance is provided that the system will be operated and maintained on a continuous basis. 5. Stormwater detention facilities shall be located in topographically depressed areas where possible. When necessary, dams may be constructed to detain flows. All proposed dams shall conform to the following items: a. All dams over six (6) feet above existing natural around shall be approved by the Dam Safety Team of the Texas Commission on Environmental Quality (TCEQ) for safety. All other new dams shall be designed in accordance with acceptable design criteria as approved by the director of public works, or his authorized representative. b. All hydrology and hydraulic properties of a dam will be reviewed by the department of public works with regard to spillway design, freeboard hydraulics, backwater curves and downstream effects due to the dam site. c. The spillway section of any earthen dam with a height greater than six (6) feet shall be large enough to pass a PMP (probable maximum precipitation) flood, as defined by the NRCS, without overtopping the crest of the dam in accordance with TCEQ regulations. d. A 100-year frequency flood shall be routed through the proposed dam and all land subject to flooding shall be dedicated as drainage easement or right-of-way. An unobstructed fifteen-foot access easement around the periphery of the flooded area shall be dedicated as drainage easement for facilities that require regular mowing or other ongoing maintenance, at the discretion of the director of public works. An unobstructed fifteen-foot access right-of-way shall be established which connects the drainage easement adjacent to the dam structure to a road or alley. e. Development below existing dams will take into account the original design conditions of the existing dam. Dam breach analysis checks will be required, dependent upon location of development with respect to dam site. Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-13 f. All spillway discharges shall be adequately routed to the centerline of the natural low below the dam site. The adequate routing of spillway discharges pertains to the hydraulic routing of the 100-year frequency flood for dedication of drainage easement limits. Probable maximum precipitation (PMP) defined PMP on definition section flood routing or breaches will only be considered for safety considerations (that is, the placement of building and the setting of minimum floor slab elevations below the dams). Any proposed concrete dam structure need not have spillway capable of routing a PMP flood, however, it shall be shown to be structurally capable of withstanding any range of flood conditions with regard to possible failure due to sliding, overturning, and structural integrity, up to and including the PMP flood. G. Streets. 1. Generally. a. Design of streets shall consider public safety and limit potential conflicts between stormwater conveyance, traffic, parking, pedestrian access, ADA requirements, and bicycle traffic. b. Streets draining a watershed greater than one hundred (100) acres must be designed for the 100-year frequency storm. c. Streets may be used for stormwater drainage only if the calculated stormwater flow does not exceed the flows outlined in Table 3-7 or the velocity does not exceed ten (10) feet per second. d. Where streets are not capable of carrying stormwater, as outlined above, inlets or curb openings discharging to drainage channels or storm sewers shall be provided. Partial flow past the inlet will be allowed when the capacity of all downstream street systems can accommodate the flow. e. Street width shall not be widened beyond the width as determined by the street classification for drainage purposes. f. Stormwater conveyance on streets shall be designed to account for the cumulative impact of peak flows and runoff volumes on the system as the stormwater progresses downgrade. g. Curb cuts for driveways on all streets shall be designed for compatibility with the stormwater conveyance function of streets. h. Potential flooding problems or conflicts at the connection points where new or modified drainage systems (including streets, storm sewers, etc.) and the existing portions of the downstream street system and stormwater conveyance system shall be identified and resolved either in the design of the new or modified drainage system or in modifications to the existing system. i. Dwelling units located on the downhill side of a T-intersection with a street or drainage channel discharging onto the intersection shall be sited so as to avoid obstruction of the drainage patterns. 2. An arterial street is a street so designated on the current major thoroughfare plan. One (1) lane in each direction on arterial streets shall remain passable with a flow depth not to exceed 0.30 feet during a twenty-five-year storm event. The maximum depth of water in the street section must not exceed seven (7) inches (the height of a standard city curb). 3. A maximum flow depth to the top of curb on a collector street section will be allowed during a twenty-five-year storm event. A collector street is a street with a width of forty Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-14 two (42) feet or more and not shown as an arterial street on the current major thoroughfare plan. 4. Local Streets. Local streets shall be designed on a basis of a five-year frequency. A twenty-five-year frequency storm must be contained within the street right-of-way. 5. Alleys shall be designed for five-year frequency within the limits of the alley pavement/curbs and twenty-five-year frequency within the right-of-way/easement to carry stormwater. 6. All-Weather Crossings. a. Where streets cross existing or proposed watercourses, all weather crossings shall be required. Culverts or bridges shall be adequate to allow passage of the design storm identified in section 21.13.2.B.1. b. All crossings, culverts and bridges shall be designed for an H-20-44 or HS-20 loading. c. Dangerous conditions for existing crossings are defined by Figure 3-2 (Dangerous Conditions on Crossing during Floods). H. This section addresses proposed improvements or modifications to drainage channels and watercourses required to convey stormwater runoff from or through the proposed development. Refer to section 21.13.2.B.1 for storm frequency design criteria. 1. Except as authorized by a development plan approved by the director of public works or his designee, no person shall place or cause to be placed any obstruction of any kind in any watercourse within the City and its ETJ. The owner of any property within the City, through which any watercourse may pass, shall keep the watercourse free from any obstruction not authorized by a development plan. 2. Channel Modifications. a. Modifications to existing watercourses or newly created open channels may be designed as earth channels, sod channels or as concrete lined channels. Liners other than sod or concrete which enhance the aesthetics or habitat value of the watercourse and which reduce future maintenance requirements are encouraged. Preliminary planning for the applicability of other channel liners shall be reviewed with the director of public works or his representative prior to the submittal of construction plans for approval. b. Runoff that results from upstream development and is discharged to an unimproved waterway can cause flood damage to properties adjacent to the waterway. Natural undeveloped waterways do not receive regular maintenance. Design of natural waterways shall take into consideration fluvial geomorphologic principals and practices. Consulting engineers and development review officials shall work to resolve potential downstream impact issues. 3. Design of new channels or alterations to existing channels shall consider future maintenance requirements. A maintenance schedule for any private channel shall be submitted to and approved by the director of public works prior to approval of construction plans. Maintenance requirements of concrete channels consist of de-silting activities, prevention of vegetation establishment in construction joints, and repair of concrete as necessary. Maintenance of earthen channels includes regular observation and repair, as necessary, of erosion, scouring, and removal of silt deposits, as necessary to maintain design parameters. Developers shall be responsible for maintaining newly planted channels until coverage is established throughout eighty-five (85) percent of the area. This area shall include slopes, floor, and any attendant maintenance easement. New earthen channels shall be planted with drought resistant, low growth, native species grasses, which will allow unobstructed passage of Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-15 floodwaters. Johnson grass, giant tagweed and other invasive species shall not be allowed to promulgate in channels. Suggested species shall include, but not be limited to, common bermuda, coastal bermuda, buffalo grass, sideoats grama, seep muhly, little bluestem, and indian grass. Mowing frequencies vary with the vegetation growth rates, but is required when the grass exceeds the design roughness coefficient of the channel. 4. Planned multiple-use of a watercourse is allowed (e.g. bike paths or greenbelt). If multiple use of the watercourse is to be incorporated, the applicant shall form a property owners' association that shall assume maintenance responsibility for private amenities. The appropriate government agency will be responsible for maintenance of public amenities. The applicant shall provide overlay easements for public or private use. 5. Table 21.13.8 shall be used to determine maximum permissible channel channel velocity. Table 21.13.8 Velocity Control Velocity (fps) Type of Facility Required Hydraulic Radius (ft.) Correction Factor Maximum Permissible Velocity (fps) 1 to 6 (Maximum Average Velocity = 6 fps) Vegetated Earthen Channel 0--1 1--3 3--5 5--8 8--10 Over 10 0.8 0.9 1.05 1.15 1.225 1.25 5 5.5 6.3 6.9 7.35 7.5 6 to 8 Concrete Retards NA NA NA > 8 Concrete Lining or Drop Structures NA NA NA a. Where velocities are in the supercritical range, allowance shall be made in the design for the proper handling of the water. b. Ensure that the channel will contain the hydraulic jump (sequent depth) throughout the extent of the supercritical profile. An exception to this criterion is where concrete lined lateral channels discharge down the side slopes of channels. These channels may be designed for normal depth plus freeboard provided velocity controls are established at the main channel flow line. c. Ensure that the energy grade of the channel will not result in upstream flooding at existing or proposed lateral facility connections. 6. Retard spacing shall be computed as follows when using the city standard retard section Figure 21.13-3 and the following equations: L = 1.0' ÷ (S1 -S2) Where: L = Distance required between retards in feet. S1 = Actual slope of channel in ft./ft. S2 = Slope of proposed channel for maximum permissible velocity established from Table 21.13.3, i.e.: and S2 = [(NV) ÷ (1.486R 2/3 )] 2 Where: V = maximum permissible velocity established from Table 21.13.8 N = .035R = area/wetted perimeter Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-16 7. Concrete Lined Channels. The design of concrete lined channels shall comply with the following general requirements: a. Freeboard consistent with Table 21.13-9 will be applied to the twenty-five-year design. b. From the top of the concrete lining to the top of the ditch, a side slope not steeper than three (3) horizontal to one (1) vertical shall be required; nor shall the slope be less than twelve to one (12:1). c. For normal conditions, the concrete lining shall be a minimum of five (5) inches thick and reinforced with No. 3 round bars at twelve (12) inches on center each way. Where surcharge, nature of ground, height and steepness of slope, etc., become critical, design shall be in accordance with latest structural standards. All concrete lining shall develop a minimum compressive strength of not less than three thousand (3,000) pounds per square inch in twenty-eight (28) days. The depth of all toe downs shall be thirty-six (36) inches upstream, twenty-four (24) inches downstream, and eighteen (18) inches for side slopes. The city's construction inspector may permit an eighteen-inch toe down in rock subgrade in-lieu of the above toe down requirements. The horizontal dimensions of toe downs shall not be less than six (6) inches. d. Maximum concrete riprap side slopes shall be one and one-half (1 1/2) horizontal to one (1) vertical, unless soil tests made by a geotechnical engineer show that a greater slope, or a special design, will be stable. Where vehicular traffic may travel within a horizontal distance equal to one-half (1/2) the vertical rise of the slope, a two-foot surcharge load shall be included in the design. e. Fencing will be required adjacent to the channel where channel vertical wall heights exceed two (2) feet. Fencing will also be required adjacent to the channel where channel side slopes exceed two to one (2:1) and the channel depth is greater than two (2) feet. The fencing must not cause sight distance problems for motorists. f. Vertical walls will not be permissible for depths greater than two (2) feet unless properly fenced or enclosed. Walls will have a minimum thickness of six (6) inches. g. Easements or rights-of-way for concrete lined channels shall extend a minimum of two (2) feet on both sides of the extreme limits of the channel. "Extreme limits" of the channel shall mean the side slope intercept with the natural ground or proposed finished ground elevation. h. A minimum "n" value of roughness coefficient of 0.015 shall be used for a wood float type surface finish. This "n" value is as used in Manning's formula. Table 21.13.9 Drainage Freeboard for Concrete Lined and Earth Channels for Twenty-Five-Year Storm Design Depth of Flow Required Freeboard 0 to feet 5 feet 0.5 foot 5 to 10 feet 10% of design depth 10 feet and over 1.0 foot 8. Vegetated Earth Channels. Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-17 a. Freeboard consistent with Table 21.13.9. will be applied to the twenty-five-year design. b. The side slope shall not be steeper than three (3) horizontal to one (1) vertical. c. Easements or rights-of-way for improved earth channels shall conform to the requirements stated in subsection (d) of this section and shall extend a minimum of two (2) feet on one (1) side and fifteen (15) feet for an access road on the opposite side of the extreme limits of the channels when such channels do not parallel and adjoin an alley or roadway. When such channels do parallel and adjoin an alley or roadway, the easement or right-of-way shall extend a minimum of two (2) feet on both sides of the extreme limits of the channel. Where utilities are installed in the access road of the drainage right-of-way, the right-of-way shall extend two (2) feet on one (1) side and seventeen (17) feet on the opposite side of the design limits of the channel. These seventeen (17) feet are to provide an access way along the channel with a maximum cross slope of one (1) inch per foot toward the channel. Where designed channel bottoms exceed one hundred (100) feet in width, the fifteen-foot extra width shall be provided on both sides of the channel. d. Interceptor drainage easements shall extend a minimum of two (2) feet on both sides of the extreme limits of the channel. Refer to Table 21.13.4. Improved earthen channels will be vegetated by seeding or sodding. Eighty-five (85) percent of the channel surface area must have established vegetation before the City will accept the channel for maintenance. 9. Freeboard. Allowance for extra freeboard shall be made when the centerline radius of the channel is less than three (3) times the bottom width. Where sharp bends or high velocities are involved, the applicant shall use the following formula for computing the extra freeboard: d 2 -d 1 = V 2 (T + B) ÷ 2gR Where: d1 = depth of flow at the inside of the bend in in feet. d2 = depth of flow at the outside of the bend in feet. B = bottom width of the channel in feet. V = the average approach velocity in the channel in feet per second. T = width of flow at the water surface in feet. g = 32.2 feet/second squared. R = the center line radius of the turn or bend in feet. a. The quantity d2 -d1 divided by two (2) shall be added to the normal depth of flow before adding the required freeboard in calculating required right-of-way widths. b. Where sharp turns are used without curved sections, the depth required shall be large enough to provide for all head losses. Allowance shall be made for any backwater head that may result. c. For normal design conditions no extra freeboard is required. An accepted rule of thumb to follow is this: Centerline radius of channel should be at least three (3) times the bottom width. I. Storm Sewers. 1. For all ordinary conditions, storm sewers shall be designed on the assumption that they will flow full under the design discharge; however, whenever the system is placed under Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-18 a pressure head, or there are constrictions, turns, submerged or inadequate outfall, etc., the hydraulic and energy grade lines shall be computed and plotted in profile. In all cases adequate outfalls shall be provided and the system adequately designed. 2. No storm sewers shall be less than twenty-four (24) inches in diameter. 3. Minimum easement widths for storm sewers will be the greater of fifteen (15) feet or six (6) feet on both sides of the extreme limits of the storm sewer width (e.g. the easement width for a three (3) barrel ten-foot wide box culvert with six-inch walls would be (3 x 10')+(4 x 0.5')+(2 x 6') = 44'). J. Inlets and Openings. 1. Drop Curb Openings -Sidewalk Does Not Abut Opening. Where drop curb openings are used to take stormwater off the streets and into drains, the length of the curb opening can be calculated from the weir formula using the coefficient of 3.087 in the following formula: L = Q Q ÷ Ch 3/2 Where: L = the length of drop curb opening required in feet. Q = amount of flow in CFS based on twenty-five-year design frequency. C = 3.087. h = head of weir in feet. Gutter line depressions will be permitted where such depressions will not hamper the flow of traffic. For amount of curb exposure, conform to City inlet standards. 2. Curb or Drop Inlets. Where drop inlets are used, the City standard inlets with adequate reinforcing steel may be used. All other types or designs shall be subject to the approval of the director of developments services in consultation with the director of public works. The following formulas for inlet capacity are based on drop inlets in sag points. Inlet capacities on grades will be considered less, the amount of which depends on street grades, deflections, cross slopes, depressions, etc. 3. Grate Inlets. The flow of water through grate openings may be treated as the flow of water through a rectangular orifice. The following formula may be used for determining grate grate capacity: Q = CA (2gh) 1/2 Where: Q = discharge in cubic feet per second. C = orifice coefficient of discharge (taken as 0.70). g = acceleration due to gravity (32.2 ft./sec.2). h = head on the grate in feet. A = net area of the openings in the grate in square feet. This formula gives the theoretical capacity of the grate inlet. Since grate inlets are subject to considerable clogging, capacity of the grate inlet will be taken as one-half (1/2) on the value given by this formula. 4. Curb Opening Inlets. The capacity of curb opening inlets will depend on whether or not the opening is running partially full or submerged. If the depth of flow at the curb opening inlet is such as to cause a partially full opening, a weir effect will develop and the following formula will apply: Q = C w L(h) 3/2 Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-19 Where: Q = the discharge of capacity in cubic feet per second. Cw = the weir coefficient of discharge (3.087). L = the length of curb opening in feet. h = the head or depth of water at the opening in feet. If the depth of flow at the curb opening is such as to fully submerge the opening, the orifice effect will develop and the formula used shall be identical to that given under grate inlets with the exception that the head, h, on the curb opening orifice shall be taken as the depth from the top of the water surface to the center of orifice or opening; one hundred (100) percent efficiency will be allowed for curb opening inlets. Sec. 21.13.3 Stormwater Management Plan A. Procedure 1. Number of Copies. The applicant shall provide two (2) blue-line or black-line copies of the plat together with two (2) copies of construction drawings. 2. Format. Plats shall be drawn in India ink on Mylar on sheets eighteen (18) inches wide and twenty-four (24) inches long, with a margin of two and one-half (2 1/2) inches on the left side of the sheet, and appropriate margins on the other three (3) sides. Plats shall be drawn at a scale of one hundred (100) feet to one (1) inch unless a smaller scale is approved by the director of development services. Plats which include one-half (1/2) acre or less in area shall be drawn at a scale of fifty (50) feet to one (1) inch. Where more than one (1) sheet is necessary to accommodate the entire area to be subdivided, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. 3. Contents. To standardize the review process and minimize the time for approval by the city during review of the plat and construction drawings for a subdivision, a complete submittal regarding the analysis of existing drainage conditions and the design of modifications or new drainage facilities is necessary. The owner of the property to be developed is required by the director of public works to provide, at the owner’s expense and as a condition of construction plan approval, a stormwater management report for the total development area to be ultimately constructed. The stormwater management report shall contain all of the necessary support data, methodologies used in calculations, and conclusions. A checklist is below that will be used by the city reviewer as a guide during the evaluation of all stormwater management reports submitted to the city. The purpose of the checklist is to expedite the review process for both the engineer and the city, and to aid the engineer in the preparation of reports for the city's review. The stormwater management report shall be submitted to the director of public works through the director of development services prior to approval of any construction plans. 4. Report. The stormwater management plan shall include two (2) copies of a written report that includes the following information, as applicable: a. A vicinity map of the site and affected reach of the outfall channel; b. A detailed map of the area and the outfall channel with all pertinent physiographic information; c. A watershed map showing the existing and proposed drainage area boundary along with all sub area delineations and all areas of existing and proposed development; d. Discharge calculations specifying methodology and key assumptions used including a table of discharges at key locations; Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-20 e. Hydraulic calculations specifying methodology used, assumptions and values of the design parameters; f. Profiles of the affected channels, including water surface elevations for the specified design frequencies, all existing and proposed bridge, culvert and pipeline crossings, the location of all tributary and drainage confluences, and the location of all hydraulic structures; g. Detention basin design calculations, including those used for design of the control structure; h. Right-of-way and easement requirements, and a map showing locations of all rights-of-way and easements; i. A soils report which addresses erosion and slope stability of new or altered channels and detention facilities; j. A computer diskette of all existing and proposed condition HEC-1 and HEC-2 models used in analysis; and k. A checklist for the submittal package is included as section 21.13.3 B below. A checklist for the preparation of a HEC-HEC-2 model is included as section 21.13.3.C below. B. Subdivision Drainage Checklist 1. ________U.S.G.S. Quadrangle map showing overall drainage areas, runoff coefficients, time of concentration, intensity and Q's. 2. ________Subdivision Master Drainage Plan with overall interior drainage area of subdivision showing drainage area, time of concentration runoff coefficients, intensities, and Q's for the street and alley flows and also channel and underground system design. 3. ________Subdivision plat showing interior drainage areas, time of concentration, runoff coefficients, intensities, Q's for street and alley flows and also channel and underground system design. 4. Drainage Calculations Required For: a. ________Open channel design b. ________Underground systems c. ________Box culverts d. ________Pipe culverts e. ________Hydraulic jump f. ________Super elevation in channel bends g. ________Retard spacing h. ________Backwater curves with cross sections i. ________Draw down curves with cross sections j. ________Energy dissipaters k. ________Hydraulic grade lines of pipes l. ________(1) Inlets on grades ________(2) Inlets in sump m. ________Drop curb openings n. ________Sidewalk culverts Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-21 o. ________AR2/3 calculations with cross sections p. ________Weir formulase structures q. ________Orifice formulas r. ________Grade to drain channels s. ________Upstream pickup and flared section t. ________Downstream Backwater control and flare to match downstream condition u. ________Show required free board v. ________Improper "N" value w. ________Improper velocity used x. ________Improper easement width y. ________Show access road on each sodded channel z. ________Improper runoff coefficient used aa. ________Improper time of concentration used bb. ________Improper Q's used cc. ________Steel calculations for box culvert dd. ________Street Q's for 5 yr.(30' street) and 25 yr. (greater than 44' street) frequency showing street capacities are correct based on Figure IX in Subdivision Regulations 5. ________Subdivision Plat showing all interior drainage easements, outfall drainage easements, U.S.G.S. contour map and all other necessary drainage information. a. ________Show outfall drainage easements to the centerline of existing natural low b. ________Show finished fill contours c. ________Show interceptor drainage easements 6. ________Typical Details Required on Plans For: a. ________Box culvert with headwalls or wing walls b. ________Pipe culverts with headwalls or wing walls c. ________Culvert headwalls shown with proper safety measures d. ________Drop curb openings e. ________(1) Inlets on grade ________(2) Inlets on sump f. ________Drop structures g. ________Retards h. ________Sidewalks over drains i. ________Guard post installations j. ________Guard rail on structures k. ________Header curb l. ________ Energy dissipaters Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-22 m. ________Junction boxes n. ________Concrete lined channels with free board o. ________Earth sodded channels with free board p. ________Other concrete structures: q. ________ Grade to drain sections r. ________Transition sections s. ________Fencing for vertical wall channels greater than 2' deep t. ________Other: _________ u. ________Side slope v. ________Note: Adjacent lots shall be graded to provide access and drainage to adjacent street and drainage systems. 7. ________Complete Street Plans and Profiles 8. ________Complete Drainage Plan and Profile Including the Following Requirements: a. ________Proposed flowline slopes with grades and elevations shown every 50' in profile b. ________Proposed top of channel profile c. ________Existing ground right and left profile at property line d. ________Finished fill profiles e. ________Locations and size of culverts f. ________Drop structures g. ________Retards h. ________Grade to drain profiles i. ________Flowline elevations at every 50' station and at each structure and change in grade j. ________Junction boxes k. ________Channel plan views l. ________Channel sections m. ________Pipes with hydraulic grade lines on profile n. ________Cross sections of existing natural channels or lows which are not to be improved, but left in natural state and dedicated to high water calculated o. ________Angles, bearings, distances, etc., for structures, channels, etc. p. ________Lot grading layout drains q. ________Culvert structural details 9. ________Unit and Storm Hydrographs For Major Streams (Over 2,000 acres) 10. ________Drainage Easements to the Centerline of Natural Low 11. ________Cost Estimate 12. ________ Engineer’s Seal 13. ________Other Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-23 C. HEC-2 Submittal Checklist Floodplain submittal checklist supersedes this attachment for projects in the FEMA Floodplain. Project __________ Engineer __________ Stream __________ Date __________ The purpose of this checklist is to aid the engineer in the preparation of HEC-2 studies and reports and to expedite the City of Schertz's review procedure. 1. Submission Package a. _________ Signed, sealed, and dated by a engineer certified to practice in the State of Texas b. _________ Signed checklist c. _________ 3 1/2" diskette with all input files d. _________ Copy of condensed printouts 2. Narrative a. _________ Table of Contents b. _________ Abstract or executive summary c. _________ Introduction d. _________ Project description and history e. _________ Location f. _________ Scope and objective of analysis g. _________ Previous and related studies that may affect this analysis h. _________ Methodology i. _________ Sources of discharges j. _________ Bridge routines k. _________ Base or effective models (mention source) l. _________ Revised-base model m. _________ Proposed model n. _________ Summary, conclusions, and recommendations o. _________ Water surface elevation impacts 3. Tables a. _________ Water surface comparison table at each cross section b. _________ Floodway table c. _________ Cross section numbering table (if stationing changes) d. _________ Exhibits e. _________ Vicinity Map f. _________ Plan view of project reach Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-24 g. _________ Water surface profiles for design storm h. _________ Channel cross sections showing limits of drainage easements and property lines. i. _________ Bridge cross sections j. _________ Plan view of bridge k. _________ Photographs (if available) 4. Appendices a. _________ Pertinent correspondence (meeting notes, etc.) b. _________ Survey and/or Certified "As-Built" information for all revisions to base model c. _________ Sample calculations 5. Name of submitter_________ Date_________ Certification. The stormwater management report must include a letter signed and sealed by a professional engineer with text descriptions, exhibits, calculations and models. The stormwater management plan shall include a performance bond executed as follows: State of Texas X County of _______ X KNOW ALL PERSONS BY THESE PRESENTS: That we, _________, the undersigned developer as principal, and _________, as surety, do hereby acknowledge ourselves to be held and firmly bound unto the City of Schertz, a municipal corporation of the State of Texas, in the full and just sum of $_________, for the payment of which will and truly to be made, we hereby bind ourselves and our respective heirs, administrators, executors and assigns jointly and severally, firmly by these presents. Whereas, the principal had petitioned the Floodplain Administrator of the City of Schertz for permission to _________ within the jurisdiction of the City of Schertz which is shown on plans entitled _________, and which is more particularly described as follows, to wit: WHEREAS, plans and a floodplain development permit for such development were approved by the Floodplain Administrator; and WHEREAS, the Floodplain Ordinance of the City of Schertz requires that the site improvements set out below be completed by the principal in conformance with the standards established by that ordinance within three (3) years of the date on which the Floodplain Development Permit was approved and WHEREAS, the aforesaid ordinance requires that a guarantee of performance that such site improvements will have been completed and will have been accepted by the City within three (3) years of the date on which the Floodplain Development Permit was approved; and WHEREAS, the undersigned developer has elected to provide to the City of Schertz such a guarantee of performance; NOW THEREFORE, the condition of this obligation is such that if the principal shall, on or before the ________ day of _________, 20________, construct or cause to be Article 13 – Land Disturbing Activites and Drainage Schertz Unified Development Code 13-25 constructed the above mentioned improvements in accordance with the requirement of the City of Schertz Floodplain Ordinance, then this obligation shall be void; otherwise the obligations under this bond shall remain in full force and effect. IN TESTIMONY WHEREOF, WITNESS OUR HAND AND SEAL this ________ day of _________, 20________. DEVELOPER AND PRINCIPAL BY: _________ TITLE: _________ BY: ATTORNEY-IN-FACT APPROVED AND ACCEPTED THIS ________ day of _________, 20_______. CITY OF SCHERTZ BY: _________ TITLE: CITY MANAGER APPROVED AS TO FORM: _________ CITY ATTORNEY D. P.E. Registration Number End of Article 13 Article 14 – Transportation Schertz Unified Development Code 14-1 14.Article 14 Transportation Sec. 21.14.1 Streets A. Street Layout The arrangement, extent, character, width, grade and location of all streets shall conform to the Major/Minor Thoroughfare Plan and the Comprehensive Land Plan. Collector streets shall provide adequate circulation within the neighborhood and yet discourage through traffic. The street layout shall be arranged to achieve the most desirable development of the entire neighborhood unit with appropriate consideration of creeks, drainage channels, wooded areas and other topographical features, which lend themselves to special treatment. Permits must be obtained from TxDOT for driveways and streets accessing any State highway. The proposed location of driveways must comply with all applicable City and State safety requirements. B. Relation to Adjoining Streets Adjoining areas shall be continued and tied into the street layout. C. Projection of Streets When adjoining properties are not not yet subdivided, the arrangement of streets shall provide for the proper projection of streets into the adjoining unsubdivided areas as will be required to comply with the neighborhood pattern or conform to the Comprehensive Land Plan. D. Private Streets 1. Private streets within the City may be authorized providing all of the following conditions are met: a. A homeowners association is established to maintain and upkeep all streets in a subdivision in accordance with the City's public street standards, to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts. b. Private streets are constructed in accordance with the City's standards for public streets. c. The following "maintenance agreement" note will appear on the subdivision plat: “Streets within this subdivision shall be constructed in accordance with the City of Schertz public streets standards. The upkeep and maintenance to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts shall be the responsibility of the homeowner’s association. The City of Schertz is released from any liability of these streets. Periodic inspection by a public official who is authorized to enforce complaints about poor maintenance is permitted.” d. Provide access for fire protection, ambulance, police, school bus, garbage service and other utility agencies. 2. One Residence A private street or road serving only one residence is exempt from construction and maintenance standards for public streets. Article 14 – Transportation Schertz Unified Development Code 14-2 3. Ingress/Egress Private streets shall connect directly to a public street or road. E. Dead-End Streets and Cul-de-Sacs 1. Dead-end streets shall be prohibited, except as short stubs projected to be continued in future subdivisions in conformance with Paragraph C of this section, when designed as cul-de-sacs. Temporary turnarounds shall be provided on projected streets until such time as they are extended. 2. Cul-de-sac streets shall not exceed five hundred feet (500’) in length and shall have a turnaround of not less than one hundred fifty feet (150’) in diameter of ROW in singlefamily residential areas, one hundred fifty feet (150’) in diameter of ROW in multi-family areas and not less than two hundred feet (200’) in diameter of ROW in commercial and industrial areas. This provision may be modified upon approval of the Fire Chief and City Engineer. F. Alignment The alignment of all arterial and collector streets shall conform to the Comprehensive Land Plan and the requirements of the Public Works Specifications Manual. Collector street alignment shall meet the requirements of the Public Works Specifications Manual and in no case shall street jogs be offset less than one hundred fifty feet (150’) on centerline. G. Intersections All intersections on arterial and collector streets shall be at ninety (90) degrees. The curb radius at street intersections shall conform to the specifications in the Public Works Specifications Manual. H. Street Names and Street Numbers Names of new streets shall not duplicate the names of existing streets within the City and its ETJ unless the new street is a continuation of or part of a future continuation of such existing street. Street names shall be chosen to avoid similarity or confusion with existing street names. A new street name shall not differ from an existing street name solely by the addition of a different auxiliary designation such as "avenue," "way," "boulevard," etc. Names of all new streets shall be be subject to approval by the Planning and Zoning Commission and be coordinated on an area wide basis. Street names shall have prior approval of the Post Office and Bexar Metro 911. Street addresses should also be coordinated with present existing addresses. The City will determine street numbers and advise the subdivider as to the street numbers. I. Construction Standards All streets shall be constructed with reference to base, surfacing, curbs, grades, horizontal curves and intersection curve radius in accordance with the standards prescribed in the Public Works Specifications Manual and any other applicable specifications of the City. J. Reserve Areas are Prohibited There shall be no reserve areas controlling access to land dedicated or intended to be dedicated to public use. K. Half Streets or Adjacent Streets Article 14 – Transportation Schertz Unified Development Code 14-3 1. No new half streets shall be platted that do not conform to the Major/Minor Thoroughfare Plan and the Comprehensive Land Plan. Where the proposed subdivision abuts upon an existing street or half street not conforming to the Comprehensive Land Plan requirements or the requirements of this UDC, the subdivider shall be required to dedicate any additional right-of-way to meet the street width required. 2. Any new development of property that abuts City maintained roads that do not meet the design or width standards in this UDC shall be required to make the necessary dedication and improvements in conformance with this UDC or any other applicable code of the City. 3. The minimum dedication and construction costs shall be equal to one-half (1/2) of the minimum right-of-way (ROW) and construction costs associated with the proposed street. 4. Improvements shall include right-of-way dedication, paving, curb and guttering, shoulder improvements and and sidewalk as determined by the City. 5. Should any pavement be laid to widen existing pavement, the existing pavement shall be saw-cut back a minimum of two (2) feet to assure an adequate sub-base and pavement joint. L. Public Accesses All residential subdivisions shall have a minimum of two (2) locations accessing existing public streets. Access may be provided through the construction of a public street. The extent and location of all accesses is subject to review and approval by the City. The Planning and Zoning Commission shall not permit "island" subdivisions, lots or streets that would be surrounded by the flood water of 100 year flood unless the area is accessible to high ground by at least one dedicated street elevated above the 100 year flood level. M. Safety Lanes (Fire Lanes) 1. Manufactured home parks, recreational vehicle parks, apartments, multi-family, malls, commercial and business areas shall have driving surfaces within the site designated and clearly identified as safety lanes or fire lanes for fire protection, EMS, etc. These areas must be paved with concrete or asphalt and be maintained by the owners. Exits from these sites shall be a minimum of thirty (30) feet in width and must exit into a dedicated street. The pavement width for interior safety lanes will be a minimum of twenty-four feet (24’). Additional width will be required when adequate off-street parking is not provided. 2. All roadways that serve emergency vehicles are required to have a minimum clearance of fourteen feet (14’) to any overhead obstructions including, but not limited to, bridges, trees, canopies, awnings and signs. N. Access to Principal and Secondary Arterial Streets Access to principal and secondary arterial streets should be limited to protect the flow of traffic from the lots. A one foot (1’) non-access easement shall be provided along principal and secondary arterial streets when lots have access to another public right-of-way. O. Street and Traffic Control Signs 1. All street signs in a new subdivision within the City limits, including street name, speed limit, stop and yield signs, etc. shall be paid for by the developer, and shall be provided by and installed by the City’s Public Works Department in accordance with the Public Works Specifications Manual. Traffic control devices required within the Article 14 – Transportation Schertz Unified Development Code 14-4 subdivision shall be installed in accordance with the latest revision of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. 2. Any installation of speed control devices such as speed bumps or humps, must also be approved by the fire department to determine potential impact to emergency response vehicles. 3. A required traffic control device must be fitted with traffic preemption compatible devices for activation by emergency vehicles. P. Street Improvements 1. All street improvements shall meet the current requirements of the Comprehensive Land Plan and this Article, but in no case shall be less than the following: Table 21.14.1 Street Improvement Standards Classification ROW Pavement Drainage Width Sidewalk Width Hike/Bike Trail Principal Arterial 120 feet 48 feet with 12 foot median Curb or Curb and Gutter 5 feet One Side 8 feet other side (unless State Hwy then both sides) Secondary Arterial 86 feet 48 feet Curb or Curb and Gutter 5 feet One Side 8 feet other side Collector 60 feet 42 feet Curb or Curb and Gutter 5 feet Both Sides -Local Street 50 feet 30 feet Curb or Curb and Gutter 5 feet Both Sides -Paved Alley 20 feet 20 feet Curb or Curb and Gutter None -2. Islands in Roadways Islands in road right-of-ways will be considered on a case-by-case basis. The street right-of-way will be engineered to accommodate all emergency and utility vehicles, after coordination by City Staff, to include a review and recommendation from the City of Schertz Transportation Safety Advisory Commission. At a minimum, all islands shall provide at least twenty-four feet (24’) of pavement on each side of the island. All islands provided within street ROW shall be designated on the plat and shall be dedicated by the developer or its successors and/or assigns. A plat note shall be provided which identifies maintenance of islands as the responsibility of the developer or its successors and/or assigns. Any islands that are not maintained in accordance with this section may be removed by the City and shall be removed at the expense of the developer or its successors and/or assigns, after due notice of written recommendation by the City Engineer and Fire Department. Q. Drainage The storm drainage for all streets shall be designed on a 25 year flood frequency. Runoff rates shall be computed in all cases on the basis of ultimate development of the entire watershed contributing runoff water to the proposed subdivision, on the basis of concrete lined channels and streets carrying storm water in the contributing area. All necessary storm drainage improvements shall be in accordance with the Public Works Specifications Manual and shall comply with the City’s Stormwater Pollution Prevention and Drainage Plan. Article 14 – Transportation Schertz Unified Development Code 14-5 R. Curb and Gutter Curbs and gutter and shall be installed by the subdivider on both sides of all streets within or forming part of the boundary of the subdivision. Curb and gutter shall be constructed in accordance with the Public Works Specifications Manual. The City Engineer may waive the requirements for construction of curb and gutter or may approve an alternative curb and gutter construction where developments result in an overall density less than one (1) unit per one-half (1/2) acre. S. Street Lights 1. Developers shall furnish satisfactory easements for installation of services to street lights as required by the City and any applicable electric utility provider. 2. Street light number, type and size shall be determined by the City and any applicable electric utility provider and shall be designed to maximize the light directed toward the ground. 3. The developer shall pay the cost of purchasing and installing all street lighting equipment and the cost of all street lighting services for a period of two (2) years or until such time as 70% of the buildings for which building permits have been issued are completed, whichever is sooner. 4. A detailed lighting plan shall be submitted with the Public Infrastructure Improvement Plans for review and approval by the City and any applicable electric utility provider. T. Street Markers (Signs) Street name, stop and speed limit signs having the following specifications shall be erected at all street intersections in such subdivisions for street markers: 1. The material of the street name signs, the method of attaching the sign to the post, the details of lettering, painting, and method of installation, as well as the location of the sign at the intersection shall be in accordance with the specifications in the Public Works Specifications Manual. 2. The street name signs shall be of the crossarm type, and shall be reflectorized on extruded aluminum metal blanks. 3. Street markers are to be provided provided by the developer. Sec. 21.14.2 Criteria and Design The criteria and specific design standards for transportation related development as described in this Article are set by the City’s Public Works Specification Manual. Sec. 21.14.3 Additional Design Requirements A. Purpose and Applicability 1. The purpose of this section is to establish additional development standards applicable to certain streets within the City to ensure uniform and quality development resulting in an attractive environment compatible with businesses and residential dwellings which does the following: a. Provides an environment and living conditions favorable to the public; b. Provides a creative approach to land use and related physical development; Article 14 – Transportation Schertz Unified Development Code 14-6 c. Creates a pattern of development which preserves trees and outstanding natural topography and prevents soil erosion and pollution; d. Encourages mixed use development through innovative uses of modern development concepts; and e. Produces open space and recreation areas. 2. The requirements of this section shall be applicable to all roadways classified as Principal Arterials or Secondary Arterials in accordance with section 21.14.1 including, but not limited to, Schertz Parkway, FM 3009, Old Wiederstein Road, Country Club Blvd, FM 78, FM 1518, RM 482, and Wiederstein Road. B. Permitted Uses Buildings, structures and land shall be used in accordance with the uses permitted in the applicable zoning district and shall comply with the dimensional requirements of that district in accordance with Article 5 of this UDC. C. Landscape Buffer In addition to the requirements of section 21.9.7 of this UDC for landscaping, a minimum twenty foot (20’) wide landscape buffer shall be provided adjacent to any public right-ofway. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20’) of street frontage. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. D. Off-Street Parking Off street parking is permitted adjacent to the landscape buffer along the right-of-way. Parking and vehicular use areas adjacent to the right-of-way shall have land berm walls or a vegetative hedge barrier to reduce vehicular reflections to the right-of-way. A special exception may be granted by the BOA which would allow a reduction in the minimum required landscape buffer when off-street parking is located entirely along the side or rear of the building or lot. E. Building Setback Line A minimum fifty foot (50’) building setback shall be required adjacent to all rights-of-way. A special exception may be granted by the BOA which would allow for a reduction in the minimum required setback when an alternative site layout and design provides for additional open space or landscaping and off-street parking will be located entirely at the rear of the building or lot. In no case shall the minimum building setback be reduced less than the minimum required setback for the applicable zoning district in accordance with Article 5. F. Driveways and Access (Connectivity) Access shall be limited to provide for safe traffic flow and the design shall provide interior drives to limit the number of accesses to the public right-of-way. Access easement should be utilized to limit the number of driveway accesses. Right turn acceleration/deceleration lanes shall be required when driveways are closer than three hundred feet (300’). Accesses should be planned to match existing driveways or street intersections on the opposite side of the street. All driveways shall have a minimum sight distance of two hundred forty (240’). G. Screening Article 14 – Transportation Schertz Unified Development Code 14-7 A masonry screening wall a minimum of eight foot (8’) in height shall be provided where the rear yard of any residential or nonresidential lot abuts a Principal or Secondary Arterial. Any masonry screening wall constructed as part of a new residential subdivision shall be constructed of a like and similar material and color as screening walls in adjacent subdivisions to provide a consistent streetscape. Sec. 21.14.4 Alleys A. Commercial and Industrial Districts Where provided, paved alleys not less than twenty-four feet (24’) wide shall be provided in all commercial or industrial districts to assure adequate provision is made for service access, such as off-street loading, unloading and parking consistent with an adequate plan for the uses proposed. Alleys provided within commercial and industrial districts shall be privately owned and maintained. B. Garden Home (GH) Zoning Districts Where garden home districts are designated by the developer developer to require rear ingress/egress, a twenty-four feet (24’) paved alley shall be provided. C. Intersections and Turns Alley intersections and sharp changes in alignment shall be avoided, but where two alleys intersect, or an alley turns at an angle sharper than one hundred (100) degrees, a cut off of not less than ten feet (10’) from the normal intersection of the property lines shall be provided and shall be designed in accordance with the adopted Fire Code. D. Dead End Alleys Dead end alleys are prohibited. E. Construction All alleys shall be constructed in accordance with the standards prescribed in the Public Works Specifications Manual. F. Limitations Construction of alleys is limited to commercial and industrial districts and prohibited in residential areas except in garden home zoning districts. G. Drainage Drainage design of alleys shall be designed on the basis of 25 year frequency to carry storm water from only the lots within the block abutting the alleys. Sec. 21.14.5 Driveways The arrangement, placement, spacing, width and return radii of all driveways connecting to a street, roadway or alley shall be constructed, provided, altered or repaired in accordance with requirements of the Public Works Specifications Manual. Article 14 – Transportation Schertz Unified Development Code 14-8 Sec. 21.14.6 Sidewalks and Hike and Bike Trails A. Requirement Sidewalks shall be required along both sides of all streets throughout the City as required in section 21.14.1, except along Interstate Highways 35 and 10. All lots must have access to concrete sidewalks. B. Curb Ramps Curb ramps shall be provided at all street intersections at the time of construction or reconstruction and shall comply with the provisions in the Federal Register 28, CFR part 36 (Americans with Disabilities Act or ADA) and Texas Accessibility Standards as amended from time to time. C. Location and Width Where sidewalks are required, they shall be installed in accordance with the Public Works Specifications Manual and shall be a minimum of five feet (5’) in width. Sidewalks shall be placed parallel to the street for the entire frontage(s) of the lot and shall be located a minimum of two feet (2’) behind the curb. D. Timing of Construction Sidewalks shall generally be installed concurrently with the construction of the primary structure on a lot except on primary or secondary arterial where they shall be installed concurrently with street construction. E. Construction Concurrent with Street Construction If a street is constructed which shall have no residential lot access points, then sidewalks shall be installed concurrently with street construction. F. Corner Lot Where sidewalks are installed on corner lots, sidewalks shall be installed along both street frontages and shall be extended to the curb with handicapped access ramps in accordance with current ADA and Texas Accessibility standards. G. Waiver or Deferment of Sidewalk Installation The City Manager may waive the requirements of this section where it finds that topographical conditions or other unique conditions exist which would preclude the construction of sidewalks. The Planning and Zoning Commission may defer the installation of sidewalks to a time deemed more appropriate. In the event that the installation installation of sidewalks is deferred, the developer shall provide a subdivision improvement agreement in accordance with section 21.4.15 guaranteeing the installation of sidewalks. H. Hike and Bike Trails The City recognizes the need for connectivity and adequate access to and from public parkland areas and to provide for safe bicycling and pedestrian transportation. All streets subject to this Article with at least an 86’ ROW shall be required to construct a minimum eight foot (8’) wide hike and bike path located within the ROW five (5’) foot behind the curb. Article 14 – Transportation Schertz Unified Development Code 14-9 This hike and bike path is required in-lieu of construction of a sidewalk along one (1) side of the street. Additionally, hike and bike trails shall conform to the requirements as set forth in the City’s Parks Master Plan. In-lieu of construction of sidewalks in accordance with this Article, the City may, at its option, require construction of a hike and bike path adjacent to the street right-of-way. Any required hike and bike path shall be constructed in-lieu of the minimum sidewalk along one (1) side of the street, unless under the requirements of section 21.14.3.D above. Sec. 21.14.7 Traffic Impact Analysis A. Application Requirements Every application for development within the City or its ETJ shall be accompanied by a TIA Determination Form provided in the Development Manual. The TIA Determination Form shall be utilized to determine if a Traffic Impact Analysis (TIA) is required. B. TIA Required The threshold requirement for a TIA and the level of TIA required shall be based on a land use or combination of land uses that results in peak hour trips in accordance with the following table. If the proposed land use does not exceed the peak hour trip threshold, a TIA waiver shall be noted on the TIA Determination Form. Table 21.14.2 TIA Requirements Peak Hour Trips Generated TIA Level Required 1,001 or more Level 3 TIA 501 – 1,000 Level 2 TIA 101 – 501 Level 1 TIA 100 or less None Required C. TIA Scope If a TIA is required, the applicant shall meet with the City Engineer to determine the scope for the study prior to beginning work on the TIA. The applicant shall be prepared, prior to the meeting with the City Engineer, to discuss potential intersections to be evaluated, data assumptions or any other information required by the City Engineer. D. TIA Study Area The study area required for the TIA shall be based on the level of the TIA required in Paragraph B above. The City Engineer may, at their discretion, require additional area to be included in the study area if deemed necessary to provide adequate review of the transportation network. The following table identifies the minimum acceptable study area. Table 21.14.3 TIA Study Areas TIA Level Study Area Level 1 or 2 TIA The site area and the area within a onequarter (1/4) mile radius from the boundary of the site. Article 14 – Transportation Schertz Unified Development Code 14-10 Level 2 TIA At the discretion of the City’s Engineer, the study area may be extended up to a maximum of one (1) mile from boundary of the site. Level 3 TIA The site area and the area within a one (1) mile radius from the boundary of the site. E. TIA Contents The TIA shall conform to accepted industry standards and shall include a detailed description of the area street network, a description of proposed land uses, the anticipated stages of construction, the anticipated completion date of the various phases of land development, and the trigger points requiring implementation of necessary improvements. The City Engineer may require any additional information necessary to ensure adequate review. The TIA shall contain, at a minimum, the following information: 1. Trip generation rates for both the A.M. and P.M. peak periods using the Institute of Transportation Engineers, Trip Generation Manual for all of the land uses specified; 2. Trip distribution; 3. Adequacy determination for existing and proposed street cross-sections by phase of development; 4. Intersection level of service analysis for each phase of development, driveway sizes, locations, and adequacy; 5. Layout showing lane usage (pavement marking layout) for all boundary streets including driveway locations and roadway geometry within the site; 6. Driveways and intersecting streets connecting to boundary streets including all lane widths, traffic islands, medians, sidewalks, curbs, traffic control devices and existing pavement conditions; 7. Existing and proposed turning movement counts for the site; 8. Identification of and timing for transportation improvements, if any, needed to maintain the same or higher level of service than exists prior to development during each phase of land development and the costs of those improvements, including costs of right-ofway acquisition, utility relocation, design and construction; 9. The TIA shall a. establish the baseline traffic conditions and peak hour operations prior to development of the subdivision or site, which baseline shall establish the existing level of service that is to be maintained or bettered as the owners develop the subdivision or site over time; and b. address streets and street intersections, and driveways on commercial sites; 10. For projects adjacent to a TxDOT ROW, the TIA shall be accompanied by a letter from TxDOT which outlines any agreements between the developer and TxDOT for planned improvements; and 11. The TIA shall be certified by a registered engineer with experience in the field of traffic engineering. F. TIA Submittal Article 14 – Transportation Schertz Unified Development Code 14-11 Upon completion of the TIA, the applicant shall submit a minimum of three (3) copies of the report to the City Engineer who will distribute the report to the appropriate review authorities including TxDOT. G. TIA Review The TIA shall be reviewed by the City Engineer and any other necessary review authorities. Review comments shall be provided to the applicant for response. Response by the applicant shall be in the form of a letter, technical memorandum, or other appropriate document. The applicant shall submit final copies of the TIA to the City Engineer containing all modifications prior to final approval of the application for which the TIA was conducted. H. City Assistance in Development During the course of providing for improvements, the City may cooperate with the developer in the use of its governmental powers to assist in the timely and cost effective implementation of improvements. Assistance shall not mean financial aid in actual easement acquisition, construction or engineering costs. Specifically, the City agrees to: 1. Assist in the acquisition of necessary right-of-way and easements; 2. Assist in the relocation of utilities; 3. Assist in obtaining approvals from applicable County entities; 4. Assist in obtaining approvals from TxDOT; and 5. Assist in securing financial participation for major street improvements from applicable County entities, TxDOT or the Metropolitan Planning Organization. I. TIA Revisions It is recognized that the scope of the developer's plans may change from time to time. The monitoring reports may also demonstrate changes in the area street conditions and travel patterns within and around the City. Periodic updates to the TIA may be required to address these issues and identify changes to the level of service at study intersections and streets. These updates shall address modifications to the magnitude and timing of improvements recommended by the original TIA. Any TIA amendments must be acceptable to the City. End of Article 14 Article 15 – Easements and Utilities Schertz Unified Development Code 15-1 15.Article 15 Easements and Utilities Sec. 21.15.1 Easements A. Utility Easements Utility easements including natural gas shall be provided for the installation of utilities in accordance with the requirements of the City. In general, these easements shall be in the front of residential development lots. B. Drainage Easements 1. When a subdivision is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage rights-of-way (ROW) shall be provided. Said easement or drainage ROW shall substantially encompass the boundaries of said water course and shall be of sufficient width, in accordance with the construction standards in the Public Works Specifications Manual. 2. Drainage or storm water easements may be constructed as open earth channels or concrete drainage structures and shall be maintained by the developer or his/her assigns. 3. Drainage ROW shall contain concrete drainage structures or underground piping and shall be dedicated to and maintained by the City or other applicable jurisdictions. C. Access Easements In an effort to reduce the congestion created by a number of driveways along street rightsof-way while maintaining adequate access to developments, the City may allow Access Easements to be dedicated within and across developments of similar use. These easements shall be twenty-four feet (24’) in width and meet the minimum construction requirements for streets as required by this UDC and the Public Works Specifications Manual. Sec. 21.15.2 Water Systems A. Installation of Water Facilities All lots, tracts or parcels on which development is proposed shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. Where water is to be provided through the City system, the developer shall install adequate water facilities, including fire hydrants, in accordance with all applicable regulations of the State, the City and any other agency regulating public water systems. B. Alternative Water Sources An alternative source of water within a development may be used for irrigation or other similar purposes, subject to City approval and the obtaining of all appropriate permits from the City, State and any other applicable agency. An alternative water source may not be used for potable water supply under any circumstances. The design and construction of water system improvements and alternative water sources shall comply with the rules and regulations of the City, State or any other applicable agency. Article 15 – Easements and Utilities Schertz Unified Development Code 15-2 C. Location and Cost of Installation The location of all fire hydrants, all water supply improvements and the boundary lines of special districts, private systems and certified water service areas, indicating all improvements proposed to be served, shall be shown on the construction plans. The cost of installing all water supply improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer. D. Extension of Lines Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the Public Works Director may waive the requirement for adjacent utility line construction at the time of final plat approval and prior to construction of the subdivision. E. Fire Hydrants 1. Fire hydrants are to be properly located so there will be a fire hydrant every three hundred feet (300’) in commercial and industrial areas and every five hundred feet (500’) in residential areas. 2. Any new fire hydrant is required to have a hydrant locater reflector (blue bump) installed in the roadway perpendicular to the hydrant. F. Individual Wells 1. Within the City Limits The provision of water supply to a new development served by individual wells within the City limits is prohibited. 2. Within the ETJ Individual wells within the ETJ shall be subject to approval by the City. The developer must submit with the plat application a certificate from a professional engineer registered in this state or a geoscientist licensed to practice in Texas verifying the adequacy of the proposed source of well supply prior to plat approval. 3. Compliance with Other Regulations Installation, operations and maintenance of individual wells shall comply with City standards, regulations of the TCEQ, any other applicable State rules and regulations, and applicable regulations of groundwater conservation districts. In the event of conflict among these regulations, whichever is the most stringent shall apply. G. Design and Construction All water facilities within a subdivision shall be designed and constructed to the standards as setforth in the Public Works Specifications Manual. Said facilities shall meet all state and federal regulations pertaining to approved public water systems including regulations regarding the preparation, submittal and approval of plans and specifications for water systems. Design of water facilities shall also be in conformance with all laws, policies, standards, rules and regulations for establishing the fire insurance key rate for the City. H. Other Water Systems Article 15 – Easements and Utilities Schertz Unified Development Code 15-3 For water systems other than the City system, the following shall apply: 1. At time of preliminary platting the applicant shall provide the City with a letter of approval from the TCEQ certifying that the water system serving the development is in compliance with the rules and regulations of the TCEQ and that the public water system provider holds a current valid Certificate of Convenience and Necessity (CCR) for the area proposed for development. The letter of approval from the TCEQ shall be accompanied by a map delineating the boundaries of the CCN in the vicinity of the development. 2. For developments in the ETJ, the developer shall obtain approval and signature of the appropriate county health official on the water system statement as shown on the preliminary plat prior to Planning and Zoning Commission approval. The water system statement as shown on the plat, indicates that the development will be served by a water system meeting City standards, as stated in sec. 21.15.2. F. and the applicable standards of the water purveyor. 3. Plans and specifications for all water systems to serve the development shall be submitted as part of the subdivision construction plans. Sec. 21.15.3 Wastewater Systems A. Wastewater Connection Required All lots within a subdivision shall be provided with a connection to an approved public wastewater system unless otherwise approved by the City. Establishment of a private wastewater utility district within the City or within the City’s ETJ shall be prohibited. B. Installation of Wastewater Facilities All lots, tracts or parcels on which development is proposed shall be connected to a public wastewater system which has adequate capacity to provide water for proper disposal and treatment of wastewater. Where wastewater is to be provided through a centralized system, the developer shall install adequate facilities, subject to the standards and specifications of the City and state design criteria for wastewater systems. Where insufficient capacity exists downstream of a proposed connection, the replacement and upsizing of the existing main is required of the developer. The installation of a parallel main shall be subject to approval by the City. C. Location and Cost of Installation The location of all wastewater improvements and the boundary lines of special districts, private systems and certified areas, indicating all improvements proposed to be served, shall be shown on construction plans. The cost of installing all wastewater improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer. D. Future Extension of Lines Pipe stub-outs shall be located in manholes to facilitate the future extension of wastewater lines. The Public Works Director will determine the location and size of the stub-outs. E. On-Site Sewage Facilities (OSSF) Article 15 – Easements and Utilities Schertz Unified Development Code 15-4 The use of OSSF for the treatment and disposal of wastewater shall be subject to the approval of the City. The minimum lot area for residential subdivisions shall be a minimum one-half (1/2) acre (21,780 square feet). OSSF shall be installed on each lot concurrent with any development thereon and the design of such system and the method of installation shall conform in all respects to the standards and specifications of the City, County and State design criteria for OSSF. Sec. 21.15.4 Utilities All utilities, including, but not limited to, electrical wiring, natural gas, telephone, cable, internet and security systems, shall be located in the front yard, shall be installed underground and shall be maintained in accordance with all applicable City codes and regulations for such systems. Any utilities required to be placed above ground shall be required to be placed on steel poles meeting the requirements of the City and the applicable applicable utility provider. End of Article 15 Article 16 – Definitions Schertz Unified Development Code 16-1 16.Article 16 Definitions For the purposes of this UDC, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural number; and words in the plural number include the singular number. The words "shall" and "will" are always mandatory, while the word "may" is merely directory. Any term not expressly defined in this Article shall be defined by a common planning definition from the American Planning Association’s, A Planners Dictionary. The City Manager, upon the recommendation of the Director of Development Services shall determine the appropriateness of a definition. “A” Frame Sign: A temporary sign constructed in such a manner as to form an “A” or a tent-like shape, hinged or not hinged at the top with each angular face held at an appropriate distance so as to to be adequately secured by a supporting member. These signs may also be referred to as sandwich board signs. Abandoned or obsolete sign: A sign that no longer serves to direct attention to an event, person, product, good, service, or activity, which is no longer conducted. Accessory building or use: One which: a. Is subordinate to and serves a principal building or principal use; b. Is subordinate in area, extent or purpose to the principal building or principal use served; c. Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; d. Is located on the same building lot as the principal building or principal use served; or e. May be part of the principal building. Advertising: To convey information, to seek the attraction of or to direct the attention of the public to any location, event, person, product, good, service, activity, institution or business. Advertising vehicle: Any vehicle which has as its primary purpose the advertisement of an event, person, product, good, service, activity, institution or business, whether located on-premises or off-premises. Agriculture: The use of land for the production and primary processing of food and fibers for sale, including cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture, animal and poultry husbandry, and such incidental accessory facilities as greenhouses and nurseries, provided that the operation of such accessory facilities shall be clearly secondary to normal agricultural activities. Agriculture includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products. Airport, Heliport or Landing Field: A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers. Alcohol Package Sales: An establishment engaged in the selling of alcoholic beverages to the general public for off-site personal or household consumption. Article 16 – Definitions Schertz Unified Development Code 16-2 Alley: A public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a street. Specifically authorized in garden home subdivisions for access to rear entrance garages. Alluvial fan flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Alternative Tower Structure: Clock towers, steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. See also the definition of “stealth facility”. Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur radio station license from the Federal Communications Commission. Annexation: The act of incorporating an area into the domain of the City. Antenna: A device used in communications, which transmits or receives radio signals, television signals, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Antenna and/or Antenna Support Structure, Commercial: An antenna and its support structure used for commercial broadcasting or telecommunication purposes and the transmission, retransmission, and/or reception of electromagnetic radio, television, or microwave signals. All radiating equipment must comply with Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable Stated and Federal regulatory agency requirements and guidelines for human safety, as they exist or may be amended. The antenna may be a tower, mast, pole, tripod or box frame. Preferably the antenna may be in stealth form designed to be nonobtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth antennas included, but are not limited to: a. antennas within a building's attic space; b. on the roof of a minimum three story building and not visible from the property line of the lot in which the antenna is located; c. a public utility structure, such as a water tower or high transmission support tower; d. a flagpole; e. a church steeple; f. a clock tower; or g. an athletic field light pole. Antenna, Building Attached: An antenna attached to an existing structure in two general forms: (1) roofmounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc. Antenna Facility: The mast, pole, structure, tower, building, equipment and other supporting material used to mount the antenna and equipment, equipment storage buildings and equipment concealing or screening structures needed to operate an antenna. Antique Shop: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building. Article 16 – Definitions Schertz Unified Development Code 16-3 Apartment: A dwelling unit in an apartment building. Apartment building: A building or portion thereof housing three (3) or more dwelling units. Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appliance, Furniture and Home Furnishings Store: Retail establishments selling goods used for furnishing the home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves, refrigerators, and other household electrical and gas appliances. Approved plat: The plat of a subdivision which has been approved in accordance with the requirements of this UDC and which has been filed for record with the county clerk in which the land lies. Area of shallow flooding: A designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) for the City and its ETJ with a one percent (1%) or greater chance of flooding in any given year to an average depth of one to three feet where a clearly defined channel does not exit, where path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard: The land in the floodplain within the City and its ETJ subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A or AE on the FIRM. Art Gallery/Library/Museum: A building serving as a repository for a collection of natural, scientific,, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods. Assisted Care or Living Facility: A facility which provides residence and care to ten or more persons regardless of legal relationship who are: a. elderly; b. disabled; c. orphaned; d. abandoned; e. abused, or neglected children; f. victims of domestic violence; g. convalescing from illness; h. terminally ill; or i. temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel. This definition shall also include a facility providing health care or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease. Automobile Parking Structure/Garage: An area or structure where the parking of motor vehicles serves as the primary use of the lot whether or not a fee is charged. This use does not include the storage of gasoline. Article 16 – Definitions Schertz Unified Development Code 16-4 Automobile Parts Sales: The use of any building for the display and sale of new or used parts, including tires. Automobile Repair, Major: General repairs or reconditioning of engines, air-conditioning systems, and transmissions for motor vehicles; wrecker or towing service with on-site storage of vehicles; collision services including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire retreading; muffler services; upholstery shop; insurance estimations with on site storage; undercoating and rust proofing, and other similar uses. Automobile Repair, Minor: An establishment used for the dispensing or sales of automobile fuels, lubricants, and automobile accessories; the minor repair or replacement of parts and performing state inspections and making minor repairs necessary to pass said inspection; automobile detailing; and the sales and installation of automobile radios. Uses listed under "Automobile Automobile Repair, Major" or any other similar uses are not included. Automobile Sales New or Used: Sales, rental, and/or lease of new or used automobiles or light load vehicles, including as an accessory use: Automobile Repair, Major. Balloon Sign: One or more inflatable devices filled with lighter-than-air gas used as a temporary sign for the purpose of directing attention to any location, event, person, product, good, service, activity, institution or business. Balloon signs shall not exceed 36 inches in diameter at its largest circumference. Bandit Sign: Any temporary ground sign announcing a subdivision, new development or builder. Bank, Saving and Loan, Credit Union: An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds, including automated teller machines. Banner Sign: A temporary sign constructed of a natural or man-made flexible material, including but, not limited to, cloth, canvas, vinyl, or fabric which can be easily folded or rolled that is mounted with or without an enclosing framework that is attached or tethered to the building or structures. Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Basement: A story (or portion of a story) wholly or partly below curb level with at least one-half of its height (measured from floor to ceiling) below the curb level. The curb level nearest to a story (or portion of a story) shall be used to determine whether such story (or portion of a story) is a basement. Beauty Salon/Barber Shop: An establishment primarily engaged in providing services generally involved in the care of the person or his apparel including, but not limited to, barber and beauty shops, nail and pedicure salons, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons. Bed and Breakfast Inn: An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A Bed and Breakfast Inn may provide for guest stays up to fourteen (14) consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guest only; however, no food preparation shall be permitted in guest bedrooms. A Bed and Breakfast Inn shall not include restaurants, banquet facilities, or similar services. Billboard: Any sign erected and used for, or designed to be used for, the display of advertising material for the purpose of advertising a location, event, person, product, good, service, activity, institution or business not located on the same premises as the billboard. Mobile advertising and hand-carried signs shall not be considered as billboards. Block: A tract of land bounded by streets or a combination of streets and public parks, or corporate boundaries of the City. Article 16 – Definitions Schertz Unified Development Code 16-5 Boarding house: A building other than hotel, motel, or an apartment hotel where, for compensation and prearrangement for a definite period, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons. Board of Adjustment (BOA): The Board established by City Council under the City Charter and the Texas Local Government Code that reviews and acts upon requests for variances, special exceptions or appeals and whose duties and responsibilities are specifically provided for in section 21.3.4 of this UDC. Bottling Works: A manufacturing facility designed to place a beverage into a bottle or can for distribution. Boundary street: A public street which is adjacent to and abutting one or more sides of the proposed site. Buffer zone: A strip of land created to separate and protect one type of land use from another. Building: Any structure which: a. Is permanently affixed to the land; b. Has one or more floors and a roof; and c. Is bounded by either open area or the lot lines. A building shall not include such structures as billboards, fences or radio towers, or structures with interior surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or similar structures. Building area: The total square footage on a lot covered by a building measured on a horizontal plane at mean grade level. Building, detached: A building which is surrounded by yards or open space on its own building lot. Building envelope: The net cubic space that remains for placing a structure on a site after building line, setback, side yard, height and bulk regulations are observed. Building height: The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roof. Building Materials And Hardware Store: An establishment for the sale of materials customarily used in the construction of buildings and other structures. Building Mounted Sign: A sign attached to, or supported by any part of the building that encloses or covers usable space and is related to the business within, including but not limited to wall signs, signage on awnings, canopies, or marquees, and projecting signs. Building official: The officer or other designated authority charged with the administration and enforcement of the building codes of the City. Building setback line: A building limit fixed at a specific distance from the front, rear or side boundaries of a lot beyond which a building cannot lawfully extend. Building sign: Any sign identifying the name or title of a specific building. Cabinet/Upholstery Shop: An establishment for the production, display, and sale of cabinets, furniture, and soft coverings for furniture. Article 16 – Definitions Schertz Unified Development Code 16-6 Camping trailer: A folding structure, mounted on wheels and designed for travel, recreation, and vacation and which can be readily towed over the road by a motor vehicle. Car Wash, Automated: A facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for financial consideration. Car Wash, Self Serve: A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles. Cemetery or Mausoleum: Property used for the interring of the dead. Church, Temple, Synagogue, Mosque, or Other Place of Worship: A building designed and used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns, rabbis, or other religious personnel on the premises . City: The City of Schertz, Texas City Council: The City Council of the City of Schertz, Texas. City Engineer: A registered professional engineer employed or designated by the City to provide professional engineering services for and on behalf of the city. Civic/Convention Center: A building or complex of buildings used for cultural, recreational, athletic, convention, or entertainment purposes. Clinic: An establishment of offices in which a group of physicians, dentists or other practitioners of the healing arts and allied professional assistants, are associated for the purpose of diagnosing and treating ill or injured persons. A clinic may include a medical or dental laboratory, but may not include facilities for providing room or board for patients, nor may a clinic include offices or facilities for veterinarians. Club or lodge: An association of persons for the promotion of some nonprofit common objective such as literature, science, politics, good fellowship and similar objectives which meets periodically and which is limited to members. Co-location: The act of locating wireless communications equipment for for more than one telecommunications carrier on a single Antenna Facility. College, University, or Trade School: An institution established for educational purposes offering courses for study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation. Commercial Amusement, Indoor: An enterprise providing for indoor recreational activities, services, amusements, and instruction for an admission fee. Uses include, but are not limited to, bowling alleys, ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice areas. Commercial Amusement, Outdoor: An enterprise providing for outdoor recreational activities, services, amusements, and instruction for an admission fee, including, but not limited to, batting cages, miniature golf, go-kart tracts, and carnivals. Commercial farm ranch: A tract of unplatted land which is used for agricultural activities such as production of cash crops or livestock for the purpose of obtaining a profit in money. Includes agricultural dwelling and accessory buildings and structures necessary to the operation of the farm/ranch. Article 16 – Definitions Schertz Unified Development Code 16-7 Common area: An area within a subdivision not used for development which is usually owned and maintained by subdivision homeowners associations. Community Center: A building or portion of a building owned and/or operated by a government entity or non-for-profit agency in which facilities are provided for civic, educational, political, or social purposes. Community service sign: Any sign that solicits support for or advertises a non-profit community location, event, person, product, good, service, institution or business, a public activity, location, event, person, product, good, service institution or business. Comprehensive Land Plan: The Comprehensive Land Plan of the City , as approved by the City Council and including any unit or part of such plan separately adopted and any amendments to such plan or parts thereof. Concrete/Asphalt Batching Plant: A permanent manufacturing facility for the production of concrete or asphalt. Convalescent home: Any structure used or occupied by three (3) or more persons recovering from illness or receiving geriatric care for compensation. Convenience Store with Gas Pumps: A retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption. This definition shall also include the dispensing or sale of motor vehicle fuels, lubricants, and accessories, but shall not include automotive repair or the sale of replacement parts. Court: An open, unoccupied space bounded on more than two sides by walls. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent open space. Critical feature: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Cul-de-sac: A street having but one outlet to another street, and terminated on the opposite end by a vehicular turn around. Damaged sign: a. Any sign where any portion of the finished material, surface or message area of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective or is otherwise deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or b. Any sign whose elements or the structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning or at angles other than those at which it was originally erected. Dance Hall/Night Club: An establishment open to the general public for entertainment, in particular, dancing. Day Care Center: A commercial institution or place designed for the care of children or adults and is subject to registration with the Texas Department of Protective and Regulatory Services. This use shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. Dead end street: A roadway, other than cul-de-sac, with only one outlet. Article 16 – Definitions Schertz Unified Development Code 16-8 Density : The number of units per acre that may be placed on a tract in a particular zoning district under specified development conditions. Development: Any manmade change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment. Development Permit. Any permit, license, authority, order, approval, certificate, endorsement, or permission, required from the City prior to the commencement or completion of any phase of development. Development Sign: A temporary freestanding sign which, by means of symbol or name, identifies a shopping center, commercial or industrial park, residential subdivision or other development that may contain a mixture of residential, commercial, or industrial uses. Directional Sign: Any sign designed to provide direction to pedestrian and/or vehicular traffic. Distribution Center A warehouse or storage facility where the emphasis is on processing and moving goods on to wholesale, retailers, or consumers rather than on storage. Dormitory: Any structure specifically designed to house student tenants associated with a university, college or school. Dry Cleaning, Major: An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis. Dry Cleaning, Minor: A custom cleaning shop or pick-up station not exceeding six thousand (6,000) square feet of floor area, including, but not limited to, dry cleaning plants having no more than one thousand five hundred (1,500) square feet of floor area for dry cleaning equipment. Dwelling: Any building or portion thereof which is designed for or used for residential purposes. Dwelling, duplex: A building designed for or occupied exclusively, but separately, by two (2) families. Dwelling, multifamily: A building or portion thereof containing three (3) or more dwelling units. Dwelling, single-family: A building designed for or occupied exclusively by one (1) family. Dwelling unit: A room, or suite of two or more rooms, designed or intended for use by an individual or family in which culinary and sanitary convenience are provided for the exclusive use of such individual or family. Easement: An acquired privilege or right-of-way use which one person, business, entity and/or public agency has across, over or under land of another person, business, entity and/or public agency. Electronic sign: A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, or LCD’s. Elevated building: A non-basement building (i) built, in the case of the building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or the case of the building in Zones V1-30, VE, or V, to have the bottom level of the lowest horizontal structure member of the pilings, columns (posts and pliers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base Article 16 – Definitions Schertz Unified Development Code 16-9 flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VI, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by standards of section 60.3 (e)(5) of the National Flood Insurance Program regulations. Extraterritorial Jurisdiction (ETJ): The extraterritorial jurisdiction the City is the portion of the unincorporated area that is contiguous to the corporate boundaries of the City and not already in the incorporated area or ETJ of another City as set out in section 42.021 of the Texas Local Government Code. Family: An individual or group of two (2) or more persons related by blood, marriage, adoption or guardianship including foster children, exchange students, and servants together with not more than two (2) additional persons not related by blood, marriage or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a Family Home for the Disabled as defined by the Community Homes for Disabled Persons Location Act, Article 1011n of V.A.C.S., as it currently exists or may be amended in the future, but not including household care or rehabilitation care facilities. Family Home: A community-based residential home operated by either the State of Texas, a nonprofit corporation, a community center organized pursuant to State statute, or an entity which is certified by the State as a provider for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a family home, a home must meet all of the following requirements: a. Not more than six (6) disabled persons and two (2) supervisory personnel may reside in a family home at the same time; b. The home must provide food and shelter, personal guidance, care, rehabilitation services, or supervision; and c. All applicable licensing requirements must be met. Farmers Market: An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey for sale. FEMA: Federal Emergency Management Agency Filling, retail service station: An establishment where gasoline, oil and grease, or automobile accessories are sold, supplied or dispensed to the motor vehicle trade or where motor vehicles receive limited repair, are equipped for service, or where electric storage batteries are charged and cared for, or a place where any two (2) or more such activities are carried on or conducted as the principal use of the establishment. Fire lane: A concrete or asphalt driving surface identified for use by fire, EMS and other emergency vehicles within and maintained by the owners of a manufactured home park, recreational vehicle park, apartment, malls/shopping center, commercial and business area. Flag: A piece of cloth, varying in size, shape, color, and design, usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, or organization, or as a means of signaling. Flea Market, Inside: A building or structure wherein space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments. Article 16 – Definitions Schertz Unified Development Code 16-10 Flea Market, Outside: An outdoor site where space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments. Flood or flooding: A general and temporary condition of partial or complete inundation of areas not ordinarily covered by water due to: a. The overflow of inland or tidal waters; or b. The usual and rapid accumulation or runoff of surface waters from any source. Flood insurance rate map (FIRM): The official maps of the City and its ETJ on which the FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the areas mapped. Flood insurance study: The official report provided by the FEMA. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. Flood management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Flood management regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinance (such as the floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood protection system: Those physical structural works for which funds have have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within the City and its ETJ subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodplain: Any land area susceptible to being inundated by water from any source. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Fraternity, Sorority, Civic Club or Lodge: An organized group having a restricted membership and specific purpose related to the welfare of the members including, but not limited to, Elks, Masons, Knight of Columbus, Rotary International, Shriners, or a labor union. Fraternity, sorority or group student house: A building occupied by and maintained exclusively for students affiliated with an academic or vocational institution. Article 16 – Definitions Schertz Unified Development Code 16-11 Freestanding sign: A sign that is not attached to a building and which is self supporting by use of a pole, mast, pylon or other similar vertical support structure and has a minimum of 36 inches of ground clearance. Frontage: All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead end of the street. Garage, private: A building designed or used for the storage of personally owned motor-driven vehicles used by the occupants of the building. Garage, public: A structure or building, other than a private garage, used primarily for the parking and storage of vehicles which is available to the general public. Garage Sale Sign: Any sign utilized to direct interested persons to the location of a garage sale in accordance with Chapter 50 of the City’s Code Code of Ordinances. Garden home: An individually owned single-family home, separated from its neighbor by a minimum of ten (10') feet on a lot having a minimum of five thousand (5,000) square feet. Gasoline Station/Fuel Pumps: A facility, equipment, or fixture used for retail dispensing of motor vehicle fuels. General Manufacturing/Industrial Uses: Manufacturing of finished products and component products or parts through the processing of materials or substances, including basic industrial processing. Such operations shall be determined by Health, Fire, and Building officials not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation. Golf Course and/or Country Club: A land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service uses available only to members and their guests. Governmental sign: Any sign indicating public facilities, public work projects, public services, or other places, events, persons, products, goods, programs, activities or institutions conducted by the Federal, State or any local government. Gymnastics/Dance Studio: A building or portion of a building used as a place of work for a gymnast, dancer, or martial artist or for instructional classes in gymnastics, dance, or martial arts. Health/Fitness Center: A public or private facility operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combination of uses or facilities typically include, but are not limited to, game courts, weight lifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracts. Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of structure. Historic structure: Any structure that is: a. Listed individually in the Natural Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. Article 16 – Definitions Schertz Unified Development Code 16-12 b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on the State inventory of historic places with historic preservation programs that have been approved by the Secretary of the Interior; or d. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: 1. By any approved state program as determined by the Secretary of the Interior; or 2. Directly by the Secretary of the Interior in states with approved programs. Home occupation: Any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign relating to the business or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling, there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes. Homeowners Association: An organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the development. The association’s principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property. Hospital, sanitarium, nursing or convalescent home: A building or portion thereof used or designed for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by said persons. Hotel: A building used or intended to be used as living quarters for transient guests, but not excluding permanent guests, and may include a cafe, drugstore, clothes pressing shop, barbershop or other service facilities for the guests for compensation. Household Appliance Service and Repair: The maintenance and rehabilitation of appliances customarily used in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, and vacuum cleaners. Identification Sign: A sign whose purpose is to identify: a. Street Address Sign/Markers: Address signs are composed of a numeric address and street or complex name. Street markers are signs adjacent to streets required by local government. b. On-Premise Business Signs: Any sign which relates to the premises on which it is located, referring exclusively to the location, event, person, product, good, service, or activity of those premises, or the sale, lease or construction of those premises. c. Personal, or Professional Signs and Nameplates: Any sign that lists exclusively a name or names (including family/farm name signs). Illegal Sign: A sign erected without a required permit, without the property owner’s permission, or any sign not meeting the requirements established in this UDC. Industrialized home: See “Modular home.” Article 16 – Definitions Schertz Unified Development Code 16-13 In-Home Day Care: A home occupation that provides care for less than 24-hours a day to no more than six children under the age of fourteen, plus no more than six additional elementary school-age children (age five to thirteen). The total number of children, including the caretaker's own children, is no more than twelve at any time. This use is subject to registration with the Texas Department of Protective and Regulatory Services. Insurance Office: A building or facility used for the sales, management, and administration of insurance services, including the estimation of automobile damages, but excluding on-site parking/storage of damaged vehicles. Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4) or more children at any one time during part of a twenty-four (24) hour day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. Landfill: A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive. Landscape: Covering, adorning, or improving property with living plants (such as trees, shrubs, vines, grass or flowers), loose natural materials (such as rock, wood chips or shavings), decorative manmade material (such as patterned paving materials, fences, walls, fountains, or pools), or land contouring. "Landscape" does not include improving property with artificial trees, shrubs, turf or other artificial plants. Laundromat: A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patron. Levee: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee system: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Limited access highways: Interstate Highway 35 and Interstate Highway 10. Livestock: Domestic animals used, raised or breed on a farm, especially those kept for a profit; including, but not limited to, horses, ponies, mules, donkeys, cattle, goats, rabbits, sheep, or fowl regardless of age, sex or breed. Persons who possess, own or otherwise keep within the City in a residential zoned district where livestock is being kept, shall follow these restrictions: a. Livestock shall be kept on a parcel of land that is at least one acre in size. b. There shall be no more than one (1) head of livestock for the first acre of land. For every additional 1/2 acre, a person may have two (2) additional head of livestock. c. Livestock shall be kept in a stable, shed, pen or other enclosure wherever located within the City , which shall be distance of at least 100-feet for every building/structure (other than the owner of such livestock) used for sleeping, dining and living, and shall be kept in such a manner as will be reasonably calculated not be offensive to neighbors or to the public. d. Swine are prohibited. e. Parcels of land not zoned residential shall follow the livestock requirements outlined in the City of Schertz Ordinance No. 95-H-1, Animal Code. Article 16 – Definitions Schertz Unified Development Code 16-14 Loading dock space: A space within the main building, or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of twelve by thirty-five (12' X 35') feet and a vertical clearance of at least fourteen (24') feet. Locksmith/Security System Company: Establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security systems. Lot: A physically undivided tract or parcel of land having frontage on a public street or other approved access and which is, or in the future may be offered for sale, conveyance, transfer or improvements; which is designated as a distinct and separate tract; and/or, which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly recorded. Lot depth: The distance of a line connecting the midpoints of the front and rear lot lines, which line shall be at right angle to to the front lot or radial to a curved lot line. Lot width: The distance of a line (drawn perpendicular to the lot depth line) connecting the side lot lines at the building setback line or at a point no farther than thirty-five (35') feet from the front lot line. Lot area: The area of a lot between lot lines, including any portion of an easement which may exist within such lot lines. Lot, corner: A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the points of the intersection of the side lot lines intersect at an interior angle of less than 135 degrees. Lot, double frontage: A lot having a frontage on two nonintersecting streets as distinguished from a corner lot. Lot, interior: A building lot other than a corner lot. Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the office of the County Clerk of Guadalupe, Bexar or Comal County; or a parcel of land, the deed of which was recorded in the office of the County Clerk of Guadalupe, Bexar or Comal County. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the National Flood Insurance Program regulations. Manufactured Home, HUD Code: A structure constructed after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent foundation designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems and bears a seal issued in accordance with State law. All references in this UDC to manufactured housing or manufactured home(s) shall be references to HUD Code Manufactured Housing, unless otherwise specified. Manufactured home park: A contiguous parcel or lot which is owned by an individual, firm, trust, partnership, public or private association or corporation and on which individual portions are leased for the placement of manufactured homes as a primary residence. Article 16 – Definitions Schertz Unified Development Code 16-15 Manufactured home subdivision: A subdivision of land planned and improved for the placement of manufactured homes for residential use on single lots with each lot individually owned and meeting all requirements of this UDC. Mean sea level: For the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Medical, Dental or Professional Office/Clinic: A building used for the provision of executive, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services including real estate, property management, investment, insurance services, medical, dental, legal, architect, engineer, travel, secretarial services, accounting, auditing and bookkeeping organizations and associations, and vehicle rental office without on-site storage of fleet vehicles. Menu Board Sign: A permanent freestanding sign displaying the type and price of food, beverages or other products sold in connection with permitted outdoor dining or in connection with a restaurant with drive-through service. Mini-Warehouse/Public Storage: A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual storage unit. Miscellaneous Hazardous Industrial Use: Any industrial use not specifically defined in this section that is determined by Health, Fire or Building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation. Mobile home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width width or forty (40) body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems. Modular home: A dwelling that is manufactured in two or more modules at a location other than the home site and which is designed to be used as a residence when the modules are transported to the home site and joined together and installed on a permanent foundation system in accordance with the appropriate Building Codes of the City including plumbing, heating/air conditioning and electrical systems to be contained in the structure. The term modular home shall not mean nor apply to a mobile home as defined in the Texas Manufactured Housing Standards Act , nor is it to include building modules incorporating concrete or masonry as a primary component. Monopole Tower: A self-supporting tower facility composed of a single spire used to support telecommunication antennas. Monopole towers cannot have guy wires or bracing. Monument Sign: A permanent freestanding ground sign whose base is directly on the ground or has a maximum of 12 inches of clearance from the adjacent grade. Mortuary/Funeral Parlor: A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Motel or motor hotel: A building or group of buildings including either separate units or a row of units used or intended to be used as living quarters for transient guests, and provide off-street parking space on the same building lot for use of its occupants. Article 16 – Definitions Schertz Unified Development Code 16-16 Multi-Tenant Sign: A sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings. Municipal Uses Operated by the City: Any area, land, building, structure, and/or facility owned, used, leased, or operated by the City including, but not limited to, administrative office, maintenance facility, fire station, library, sewage treatment plan, police station, water tower, service center, and park. Neon Sign: Any sign containing exposed transparent or translucent tubing illuminated by neon, argon or a similar gas on or near the exterior of a building or window. This shall not include those signs lighted by an internal light source and designed so that the rays go through the face of the sign. Nonaccess easement: The limitation of public access rights to and from properties abutting a highway or street, by restricting curb cuts and access to rear or side of property or to an area area abutting a developed area that may have a deprecating and/or potentially dangerous effect on the developed properties. a. One foot nonaccess easement: The limitation of public access rights to and from properties abutting a highway or street by restricting curb cuts and access to rear or side of property when the property has another dedicated access to a public right-of-way. b. One foot partial access easement: The limitation of public access rights to and from properties abutting a highway or street only by use of portable ramps, and restricting curb cuts when the property has another dedicated access to public right-of-way. c. Nonaccess easement: A designated area abutting a development which may be considered to have a deprecating and/or potentially dangerous effect to the property because it backs up to a railroad right-of-way, gas line, etc. Noncommercial farm or hobby farm: An agricultural operation whose income is incidental to the total household income of the occupants who are usually commuter suburbanites. Products produced are for the consumption by owner or which provide insignificant income. Non-Conforming Sign: A sign that was legally installed or modified in accordance with local laws, ordinances and approvals in effect at the time of installation or last significant modification, but which does not comply to laws or ordinances enacted subsequent to that time. Nonconforming use, structure or lot: The use of land or a building, or a portion thereof, which use does not conform with the regulations of the zoning district in which it is situated and which was in existence prior to the effective date of this UDC and/or prior to being annexed into the City. Nursery, Major: An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees, and other materials used in indoor and outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and storage is permitted. Nursery, Minor: A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display. Off-premise sign: Any sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the premises on which the sign is located. Office Showroom: A building that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services are permitted. Article 16 – Definitions Schertz Unified Development Code 16-17 Office-Warehouse: A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display area for products sold and distributed from the storage and warehousing areas. On-premise sign: Any sign relating to the premises on which it is located referring to events, persons, products, goods, services, activities, institutions or businesses on or offered on such premises, or the sale, lease, or construction of such premises. Open space: The part of the countryside which has not been developed and which is desirable for preservation in its natural state for ecological, historical or recreational purposes, or in its cultivated state to preserve agricultural, forest or urban greenbelt areas. Packaging/Mailing Store: An establishment where services are provided for the mailing and packaging of parcels. These services may include U.S. mail, UPS, FedEx and other similar services. Incidental uses may also include, but not limited to, copy services, printing, and stationary supplies. Parking spaces: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle, with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of a motor vehicle. A parking space shall not occupy any public land. Pavement width: The portion of a street available for vehicular traffic between the face of curbs and gutters. Pawn Shop: An establishment where money is loaned on the security of personal property pledged and retained by the owners (pawnbroker). Peak Hour Trips (PHT): The number of traffic units generated by and attracted to the proposed development during its heaviest hour of use, dependent on type of use. Pennant: Any long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar non-rigid material which may be used as a temporary sign to announce grand openings and/or special events. Permit: An official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity. Person: Any individual, association, firm, corporation, governmental agency or political subdivision. Planning and Zoning Commission: The body established by City Council under the City Charter and the LGC whose duties and responsibilities are specifically provided for in section 21.3.3 of this UDC. Plat: The map, drawing or chart on which a subdivider's plan of a subdivision is presented, and submitted for approval. Political sign: A sign pertaining to any national, state, county or local election, or issue and erected for the purpose of announcing a political candidate, political party or ballot measure, or a position on a political issue. Portable or mobile sign: Any sign designed or constructed to be easily moved from one location to another or designed to be mounted upon a trailer, wheeled carrier, or other non-motorized mobile structure. A portable or mobile sign which has its wheels removed shall still be considered a portable or mobile sign under this UDC. Porte-cochere: A structure attached to a residence and erected over a driveway, not exceeding one story in height, and open on two or more sides. Article 16 – Definitions Schertz Unified Development Code 16-18 Preexisting Towers and Preexisting Antennas: Any Tower or Antenna for which a building permit or Special Exception has been properly issued prior to the effective date of this UDC, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Print Shop, Major: An establishment specializing in long-run printing operations including, but not limited to, book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography processes. Print Shop, Minor: An establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating, and blue printing processes. This definition shall include mailing and shipping services. Private Club: An establishment providing social and dining facilities, as well as alcoholic beverage service, to an association association of persons, and otherwise falling within the definition of, and permitted under the provisions of, State law, as the same may be hereafter amended, and as it pertains to the operation of private clubs. Prohibited sign: Any sign that does not meet the requirements established in this Article, any sign specifically prohibited in this UDC or any type of sign not specifically identified as permitted in this UDC. Projected traffic: The traffic which is projected to exist on an existing or proposed street during the proposed development’s peak hour of use. Real Estate Sign: A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Recreational vehicle: A bus conversion, Class A camper, Class C camper, travel trailer, fifth wheel trailer, or pop-up camper. Recreational vehicle park: Any premise where recreational vehicles are parked for living and sleeping purposes, and which includes any buildings, structures, vehicles, or enclosure used or intended for use as a part of the equipment of such park. Recycling Collection Center: A building and/or site in which source separated recoverable materials, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled prior to shipment to others who will use those materials to manufacture new products. The materials are stored on-site in bins or trailers for shipment to market. Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as in churches and schools. Recycling Facility: A building or site that is not a salvage yard and in which recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans, and other products are collected, stored and recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production. Regulatory flood protection elevation: The elevation of the regulatory flood plus one (1') foot of freeboard to provide a safety factor. Rehabilitation Care Facility: A facility which provides residence and care to persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct. Article 16 – Definitions Schertz Unified Development Code 16-19 Restaurant or Cafeteria: An establishment where food and drink are prepared and consumed primarily on the premises. Drive-up windows are permitted. Restaurant, Drive-In: An eating establishment where food or drink is served to customers in motor vehicles or where facilities are provided on the premise which encourage the serving and consumption of food in automobiles on or near the restaurant premises. Retail food store: A retail establishment selling meats, fruits, vegetables, bakery products, dairy products, light hardware and other similar items which are purchased for use and/or consumption off the premises; may be a drive-in or supermarket type. Retail Stores and Shops: An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retail stores and shops include, but are not limited to, art and craft store, retail bakery, bookstore, boot and shoe sales and service, camera shop, ceramic store, clothing and apparel store, computer store, department store, fabric store, florist, grocery store, music instrument sales, novelty or gift shop, optical store, paint shop, pet shop, drugstore or pharmacy, sporting goods store, trophy sales, television store, used clothing store and video sales and rentals. Right-of-way: The right of passage acquired for or by the public through dedication, purchase or condemnation and intended to provide pedestrian and vehicular access to abutting lots, tracts or areas which may also be used for utilities and to provide for drainageways. Road: See the definition of “street”. Roof Sign: Any sign wholly erected on, affixed to or supported by a roof of a building. Safety lanes: Paved easements granted to the City, to the public generally, emergency vehicles and/or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. These easements may at times be referred to as fire lanes. Safety lanes may also be used as ingress and egress to the property. Sandwich Board Sign: See “A” Frame Sign. Satellite Antenna: An antenna, greater than one (1) meter in diameter, which enables the transmission of signals directly to and from satellites. Such antennas are commonly known as a satellite dish, dish antenna, parabolic antenna, or satellite earth station antenna. Satellite Receive-Only Antenna: An antenna, one (1) meter or less in diameter that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna. School, Private: A school operated by a private or religious agency or corporation other than an independent school district, having a curriculum generally equivalent to a public elementary or secondary school. School, Public: A school operated by an independent school district or charter school and providing elementary or secondary curriculum. Secured (Gated) Community: A residential area surrounded by a masonry or wrought iron fence with one or more entrances, electrically or manually controlled gates and administered by a Homeowners Association. Article 16 – Definitions Schertz Unified Development Code 16-20 Setback: The minimum distance specified by this UDC from the front, rear, and side lot lines, and extending across the full width of the lot, on which no building or structure may be erected. Sexually Oriented Business: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. This shall not include the following: a. A bookstore, movie theater, or video store, unless that business is defined as an adult bookstore, adult motion picture theater or adult video store under Ordinance 02-L-16; b. A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing functions authorized under the license held; or c. A business operated or employing a licensed physician or licensed chiropractor chiropractor engaged in practicing the healing arts. Refer to Ordinance No. 02-L-16 amending Chapter 74 of the Code of Ordinances for specific regulations pertaining to sexually oriented businesses. Shopping center: A development containing a grouping of retail, service, and/or other commercial establishments in one (1) or more buildings on one (1) or more legally platted lots and constructed and designed to utilize shared parking and access. Sign: A name, identification, description, display, or illustration which is affixed directly or indirectly upon the exterior of a building or structure or upon a piece of land which directs attention to an object location, event, person, product, good, service, activity, institution, or business. Sign Area: The area of any sign shall be the sum of the area enclosed by the minimum imaginary rectangles, triangles, or circles which fully contain all extremities of the sign, including the frame, all words, numbers, figures, devices, designs, or trademarks by which anything is made known, but excluding any supports. To compute the allowable square footage of sign area, only one (1) side of a double-face sign shall be considered. Sign Height: The vertical distance between the highest part of a sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign. Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision or neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific community and placed at the main entry to such community. Site Plan: A development plan, drawn to scale, showing uses and structures proposed for a parcel of land required by this UDC. This includes, but is not limited to, existing and proposed conditions of the lot and major landscaping figures, the location of all existing and proposed buildings, lot lines, streets, driveways, parking spaces, walkways, means of ingress and egress, drainage facilities, utility service, landscaping, structures and signs, lighting, screening devices and other information that may be reasonably required in order to make an informed determination as opposed to a subdivision plan which relates to the layout of lots and parcels, platting of lots and parcels and the provision of public facilities necessary to build a subdivision. Stable, Commercial: A stable used for the rental of stall space or for the sale or rental of horses or mules. Start of construction (includes substantial improvements): The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first Article 16 – Definitions Schertz Unified Development Code 16-21 placement of permanent construction or a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets, and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. State: The State of Texas. Stealth Facility: “Stealth” is a generic term describing a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, Alternative Tower Structures, and camouflaged wireless facilities that are constructed to blend into the surrounding environment. Storage or Wholesale Warehouse: A building used primarily for the storage of goods and materials. Story: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Street: A strip of land comprising the entire paved area between the face of curbs and gutters and within the right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes road, thoroughfare, parkway, avenue, boulevard, court, expressway, highway, land, throughway, place, square, alley or however other designated within the right-of-way. Street, collector: A roadway which collects traffic from local streets and connects within major/minor arterial streets. Street line: A dividing line between a lot, tract, or parcel of land and a contiguous street. Street, major/minor arterial: A designated principal traffic thoroughfare more or less continuous across the city, which is intended to connect remote parts of the city or areas adjacent thereto, and act as principal connecting street with state and federal highways. Street, private: Any street right-of-way not dedicated to public use. Street, public: Any roadway for use of vehicular traffic dedicated to public use and/or owned, controlled and maintained by the City, a County, or the State. Street width: The shortest horizontal distance between the lines which delineate the street. Structural alterations: Any change of a supporting member of a structure such as bearing walls, columns, beams or girders. Structure: Anything constructed or built, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Article 16 – Definitions Schertz Unified Development Code 16-22 Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before damage occurred. Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: a. project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or b. any alteration of a "historic structure provided that the alteration will not preclude the structure's continued designation as a "historic structure. Subdivider or developer: Are synonymous and include any person, partnership, firm, association, corporation (or combination thereof), or any officer, agent, employee, servant, or trustee thereof, who performs, or participates in the performance of, any act toward the subdivision of land within the intent, scope and purview of this UDC. Subdivision: The division of any lot, tract or parcel of land into two or more lots, tracts or parcels of land for the purpose, whether immediate or future, of sale or rebuilding development, situated within the City’s corporate limits or within the ETJ. It also includes vacation and resubdivision of land or lots. Surveyor: A licensed state land surveyor or registered public surveyor, as authorized by the state statutes, to practice the profession of surveying. Tax Certificate: A certificate from the applicable tax assessor’s office confirming that all City ad valorem taxes levied on a property that are due have been paid or that the property owner is lawfully contesting such taxes. If such taxes are being contested, the property owner must establish, to the satisfaction of the City Manager, in his sole discretion, that such contest is being conducted by the property owner with reasonable speed. Taxidermist: An establishment whose principle business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state. Telecommunications Equipment Storage Building: An unmanned, single story equipment building or structure used to house telecommunications equipment necessary to operate a telecommunications network. Telecommunications Tower: Any structure that is designed and constructed for the purpose of supporting one or more antennae used for the provision of commercial wireless telecommunications services. This definition includes monopole towers, alternative mounting structures or any other vertical support used for wireless telecommunications antennae. This definition does not include commercial radio or television towers; nor does it include such things as Satellite Receive Only Antenna or Amateur Radio Antennas. Telecommunications Tower Facility: A facility that contains a telecommunications tower and equipment storage building or structure. Temporary Sign: Any sign identified by this UDC which is intended to be displayed for seasonal or brief activities including, but not limited to, sales, specials, promotions, holidays, auctions, and/or business grand openings. Article 16 – Definitions Schertz Unified Development Code 16-23 Temporary structure: A structure that is manufactured off-site and brought to the site. It is to be temporary in nature and used only until a permanent structure can be constructed or refurbished. A temporary structure may not be brought on-site until a building permit for the construction or refurbishing of the permanent structure has been issued by the City Building Official. All temporary manufactured structures shall be required to comply with the following: a. Time Limit: Permits issued for temporary manufactured structures shall be valid for two (2) years or when the permanent structure is completed and occupied, whichever is sooner. Any further extension shall require City Council approval. b. Dimensions: Minimum dimensional requirements for temporary uses or structures shall be those established in the district in which the temporary use or structure is located. c. Parking: Minimum parking requirements for temporary manufactured structures shall be the number according to the proposed use for the building. Temporary construction buildings: Temporary building and material storage areas to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the City Building Official for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the City Building Official. Theater, Drive-In: An open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles. Theater, Indoor: A building or part of a building devoted to the showing of motion pictures or for dramatic, musical, or live performances. Townhouse: A single-family dwelling unit in a row, attached by one or more common walls. Travel trailer: A structure designed for temporary dwelling for travel, recreation and vacation, and which can be readily towed over the road by a a motor vehicle. Truck Sales, Heavy Equipment: The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition. TV Antenna: An antenna that enables the receipt of television signals transmitted from broadcast stations. Unlimited access highways: State Farm to Market Roads 78, 482, 1103, 1518, 2252, and 3009 and Schertz Parkway. Use: The purpose of activity for which the land or building thereby is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this UDC. Utility easement: An interest in land granted to the City, to the public generally, and/or to a private utility corporation, for installing utilities across, on, over, upon or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. Variance: Relief granted for an exceptional condition that poses a practical difficulty or particular hardship in such a way as to prevent an owner from displaying a sign as required by this Article. Such practical difficulty or hardship must be clearly exhibited and must be a result of an external influence and not be self-imposed. Article 16 – Definitions Schertz Unified Development Code 16-24 Variety store: A retail commercial establishment which supplies a variety of household goods, toys, light hardware items, candy, some clothing and other general merchandise. Veterinarian Clinic and/or Kennel, Indoor: An establishment, with no outside pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes. Veterinarian Clinic and/or Kennel, Outdoor: An establishment with outside pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes. Visibility triangle: The triangular sight area from the corner of converging streets to a distance of 25 feet along each street with the triangle completed by drawing a line through the property from both 25 foot points on the converging streets. Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building (whether permanent or portable), including window signs and signs on awnings and/or marquees. Water surface elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Welding/Machine Shop: A workshop where metal fabrication tools, including, but not limited to, welders, lathes, presses, and mills are used for making, finishing, or repairing machines or machine parts. Wind Sign: Any display or series of displays, banners, flags, pennant or other such objects designed and fashioned in such a manner as to move when subjected to wind pressure. Wind signs shall only permitted as temporary signs. Wrecking or salvage yard: An open air place where waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled or handled. This definition includes automobile wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged materials of house wrecking, automobile scrap metal, and structural steel materials and equipment. Xeriscape: Environmental design of residential and park land using various methods for minimizing the need for water use. Yard, front setback: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street right-of-way line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered a parallel to the street upon which the lot has its least dimension. Yard, rear setback: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. porches. Yard, setback: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Yard, side: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the building. Article 16 – Definitions Schertz Unified Development Code 16-25 Zoning District: Any area of the City for which the zoning regulations governing the use of land and buildings, the height of buildings, the size of lots and the intensity of use are uniform pursuant to this UDC. End of Article 16 End of Chapter 21 SCHERTZ Unified Development Code Track Changes Main document changes and comments Page i: Deleted 2/9/2009 2:02:00 PM COMPREHENSIVE PLAN Comments: Changed to Comprehensive Land Plan throughout the document. See addition below. Page i: Inserted COMPREHENSIVE LAND PLAN Page 1-2: Deleted 2/9/2009 2:02:00 PM Master Thoroughfare Plan Comments: Changed to Thoroughfare Master Plan throughout the document. See addition below. Page 1-2: Inserted Thoroughfare Master Plan Page 3-4: Deleted 2/9/2009 2:02:00 PM Waiver to provisions pertaining to platting requirements Comments:Changed wording to be consistent (i.e.waivers to variances) Page 3-4: Inserted 2/2/2009 9:32:00 AM g. Variances relating to Subdivisions, and Transportation. See sections 21.12, 21.13, and 21.14, respectively. Comments: The Planning and Zoning Commission shall have the final authority on these applications. Page 3-7: Deleted 2/10/2009 10:08:00 AM Director of Planning Comments: Changed to Director of Development Services throughout the document due to internal changes. Page 3-8: Deleted 1/27/2009 11:41:00 AM An application for a building permit, as authorized by this UDC and LGC Section 212.0065. Comments: The Director of Development Services shall have the final approval on an application for an Amending Plat and other Applications as authorized in the UDC, but not an application for a building permit. Page 4-7: Deleted 2/10/2009 10:14:00 AM shall be exempt from the requirements in this Comments: section and Page 4-8: Deleted 2/10/2009 10:16:00 AM Appendix 1, Development Manual Comments: Here, the appendix reference was erroneous. Page 3-8: Inserted the Planning Department Development Manual Page 4-8: Deleted 2/10/2009 10:17:00 AM or an application for a Subdivision Master Plan Comments: Any request for annexation shall be accompanied by an application to establish the initial zoning on the property or an application for a Subdivision Master Plan was deleted b/c this is not zoning. Page 4-8: Deleted 2/9/2009 3:53:00 PM prior to City Council action on the annexation ordinance Comments: Clarification Page 4-8: Inserted so long as the City Council has acted on the annexation ordinance Page 4-8: Deleted 2/9/2009 3:54:00 PM Any recommendation made in relation to the zoning request shall be contingent upon the City Council approval of the annexation. Comments: Clarification Page 4-17: Deleted 2/9/2009 3:55:00 PM deny the building permit Comments: The Director of Public Works does not have the responsibility of approving or denying building permits. Page 4-17: Inserted deny said construction plans Page 4-17: Deleted 2/9/2009 4:01:00 PM The Director of Public Works shall issue approval, approval with conditions, or denial of any proposed construction plans prior Comments: Clarified the duties to approval of a final plat. Page 5-4: Deleted 1/27/2009 1:05:00 PM No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full; and Comments: This sentence has been modified to be consistent with the rest of the list, all starting with “Whether”. See addition below. Page 5-4: Inserted Whether all of the applicant’s back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, Page 5-4: Deleted 2/9/2009 4:07:00 PM This district shall also serve as a temporary zoning classification for land annexed into the City. Comments: Should not be temporary zoning. Page 5-9: Deleted 1/27/2009 1:10:00 PM Lot size and setbacks will conform to existing residential district. Uses may require a Specific Use Permit. The City of Schertz will allow the following guidelines outlined in the Air Installation Compatible Use Zone (AICUZ) study and regulations for Randolph Air Force Base. Comments: No residential development is allowed within the AICUZ; however, this statement is still in the non-residential table. Page 5-10: Deleted 1/27/2009 1:20:00 PM Driveway in service building and gasoline service islands shall be minimum 16-foot from front property line. No parking, storage or similar use allowed. No parking, storage or similar use allowed within 25 feet of property line. Comments: Had conflicting language Page 5-19: Inserted 1/27/2009 1:30:00 PM ALL USES IN THIS SPECIAL DISTRICT REQUIRE AN APPROVED SPECIFIC USE PERMIT. Comments: AICUZ comment Page 5-19: Inserted 1/27/2009 3:10:00 PM A contiguous land area of a minimum size, as Comments: This is a re-write of the PDD district 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. description. It is more succinct and accurate, and less confusing than the longer version below. Page 5-19: Deleted Intended to provide design flexibility, thereby enabling the applicant to capitalize on a site’s desirable features in ways that would be prohibited under the otherwise applicable standard zoning. Land may be developed in ways that would not be possible under a strict application of standard zoning and subdivision regulations, while providing quality controls. A PDD will promote excellence in design, site arrangements cognizant of the natural environment and integration of uses and structures, and will protect the integrity of surrounding environment and development. Page 5-19: Inserted 1/27/2009 3:19:00 PM The purpose of the Planned Development District is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. If this necessitates varying from available zoning districts, the proposed development should demonstrate community benefits. A PDD should not be used to deviate from the provisions of this UDC in a way that contradicts its intent. Comments: Another re-write under PDD, meant to clarify and correct grammatical mistakes, leaving less room for confusion. Deleted version below. Page 5-19: Deleted The Planned Development District (PDD) is a zoning district classification intended to provide for the combining and mixing of uses allowed in various districts with appropriate development regulations to permit flexibility in the use and design of the land and buildings in situations where modifications to specific provisions of this ordinance are not contrary to its intent and the subsequent development will result in a superior quality of development not otherwise obtainable under existing regulations. A PDD may be used to permit new and innovative concepts in land utilization. Page 5-22: Inserted 2/3/2009 8:32:00 AM 6. Whether all of the applicant’s back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, Whether Comments: This sentence has been modified to be consistent with the rest of the list, all starting with “Whether”. See deletion below. Page 5-22: Deleted No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full; and Page 5-23: Inserted 1/27/2009 1:33:00 PM All uses located within the AICUZ Zone also require an SUP. Comments: Page 6-2: Deleted/Inserted Pg. 8-3 Criteria for Carports in Manufactured Home Parks and Subdivisions now been cross-referenced to the general comments for Carports along with the criteria. Page 6-6: Inserted 2/9/2009 4:17:00 PM installed on both sides of all streets and Comments: For Manufactured Home Parks, sidewalks must be constructed on both sides of all streets. Deleted portion below. Clarification Page 6-6: Deleted installed adjacent to all streets and Page 8-4: Deleted 2/9/2009 4:31:00 PM Porte-cocheres shall not be construed to be a carport. Comments: To alleviate confusion. Page 8-4: Deleted 2/10/2009 9:14:00 AM except for the retail sales of products and goods produced and fabricated on the premises as a result of the home occupation. Comments: This will require discussion from the Council. The purpose is to not allow retail uses within a residential area; however, uses such as Mary Kay and Avon are designed as home occupations. Page 8-4: Inserted 2/10/2009 9:12:00 AM No more than one person other than the immediate family permanently residing on the premises Comments: This allows for one person who is not immediate family residing on the premises to be employed in the home occupation. See deleted text below. Page 8-4: Deleted Only members of the immediate family permanently residing on the premises Page 8-7: Deleted 2/10/2009 9:21:00 AM (2220 lumens) Comments: Only needed watts not both. Page 9-4: Deleted 2/3/2009 8:55:00 AM The purpose of this section is to establish landscaping requirements to enhance the community’s ecological, environmental, aesthetic qualities, and beautification efforts Comments: reword for better flow. Page 9-4: Inserted The purpose of this section is to establish landscaping requirements to enhance the community’s ecological, environmental, and beautification efforts as well as its aesthetic qualities Page 9-5: Deleted 2/10/2009 9:32:00 AM Texas Licensed Irrigators Act Comments: No such Act-replaced with proper agency. Page 9-5: Inserted Texas Commission on Environmental Quality (TCEQ) Page 9-14: Deleted 2/10/2009 9:37:00 AM transparent Comments: changed word Page 9-14: Inserted non-opaque, Page 9-23: Deleted 2/10/2009 9:47:00 AM The subdivider for a residential subdivision shall make the dedication required by this section by filing by the owner of such property of the approved final plat for record together with other such documentation as may be requested by the City Comments: Simplified language Page 9-14: Inserted The owner of property for a residential subdivision shall be required at final plat approval to dedicate parkland Page 9-23: Inserted 2/10/2009 9:48:00 AM a formal Comments: Dedication of parkland shall be evidenced by a formal dedication on the plat to be recorded. See deleted text below. Page 9-23: Deleted a informal Page 9-24: Inserted 2/10/2009 4:36:00 PM As an alternative to parkland dedication in accordance with section 21.9.10.D and cash-in-lieu of dedication in accordance with section 21.9.10.E, a subdivider and the City (within the sole discretion of the City) may enter into a community facilities agreement or development agreement to structure other arrangements for the development of parks and park systems in the City. Such agreements must further the City's overall parkland development goals. G. Park Development Comments: At the request of the City Attorney and Director of Parks and Rec. Page 10-1: Deleted 2/10/2009 9:56:00 AM except that parking spaces within the “RA” (Residential Agriculture) district provided in excess of the minimum required spaces may be provided on an unimproved surface approved by the City Engineer. All parking pictures from 10-7 and 10-8 have been updated, with parking space widths changed from 9’ to 10’ Page 9-24: Inserted 2/10/2009 11:21:00 AM February 19th, 2008, Comments: this is the date that the Sign Ordinance was adopted last year. Page 11-3: Deleted 2/10/2009 11:24:00 AM or more Comments: This change to the sign ordinance restricts the Director of Development Services to having the ability to grant only one extension of a maximum of 90 days for any sign permit. Before, the number of extensions he/she could give was unlimited. Page 11-3: Deleted s Page 11-3: Deleted each Page 11-3: Inserted 2/10/2009 11:26:00 AM Permits issued under this Article are nontransferable from one person to another Comments: Relating to sign permits. Page 11-4: Deleted 2/10/2009 11:27:00 AM One or more extensions of time, for periods not more than ninety (90) days each, may be allowed at the discretion of the Director of Planning. The extension shall be requested in writing before such permit has expired. Permits issued under this Article are non-transferable from one person to another. Comments: Page 11-7: Deleted 2/10/2009 11:31:00 AM one (1) year Comments: Signs which are determined by the Director of Development Services to be abandoned shall be removed or otherwise painted over and neutralized within thirty (30) days of written notification to the property owner by the Director. See added text below. Page 11-7: Inserted thirty (30) days Page 11-10; Sec. 21.11.9.C.-The second paragraph of this provision was changed as the result of a discussion item of the Planning and Zoning Commission. Under the existing Sign Ordinance, an applicant is only allowed 25% of the size of the primary sign which is extremely small. The Commission made the determination that this provision needed to be 75% of the primary sign. Page 12-5: Deleted 1/27/2009 2:47:00 PM Comments: As this is a Master Plan and not a plat to be filed with the County, this language is not necessary. Owner’s acknowledgement State of Texas County of _______________ I (we) the undersigned, owner(s) of the land shown on this plat, and designated herein as the _________________________ subdivision to the City of Schertz, Texas and whose name is subscribed hereto, hereby dedicate for the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown for the purpose and consideration therein expressed. State of Texas County of _______________ Before me, the undersigned authority, on this day personally appeared _____________________ ____, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purposes and considerations therein stated. Given under my hand and seal of office this ______ day of _____________________ 20__ (seal) __________________________ Notary Public, ________________ County, Texas Certification by City Engineer I, the undersigned, City Engineer of the City of Schertz, Texas hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which this approval is required. _________________________ (seal) City Engineer Page 12-24: Deleted 2/10/2009 12:02:00 PM Comments: This language is redundant other provisions within this Article. Criteria for Approval The Director of Planning in considering final action on an Amending Plat should consider the following criteria: -The amending plat makes only those changes to the recorded plat that are allowed under this section; -If a correction in courses and distances of lot lines between two (2) adjacent lots is proposed; -Both lot owners join in the application for amending the plat; Neither lot is abolished; -The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and -The amendment does not have a material adverse effect on the property rights of the owners in the plat; -If relocation of one (1) or more lot lines between one (1) or more adjacent lots is proposed: -The owners of all those lots join in the application for amending the plat; -The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and -The amendment does not increase the number of lots; If six (6) or fewer lots are proposed to be added to a subdivision: -The changes do not affect compliance with applicable zoning and other regulations of the City; -The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and -The area covered by the changes is located in an area that the City Council has approved, after a public hearing, as a residential improvement area; -If lots fronting on an existing street are to be replatted: -The owners of all those lots join in the application; -The amendment does not attempt to remove recorded covenants or restrictions; -The amendment does not increase the number of lots; and -The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. Page 12-31: Deleted 1/27/2009 4:18:00 PM The site plan 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; and Comments: This has been deleted from the criteria that the Planning and Zoning Commission should consider before considering final action on a Site Plan. No variance should be sought as part of a site plan as it is technical in nature and no public hearings are required. Page 14-3: Deleted 1/29/2009 9:11:00 AM street or by dedication of a public access easement serving the development Comments: For residential subdivisions, this change says that access may not be provided through dedication of a public access easement serving the development, but only by construction of a public street. This was a request of the Public Works Department Page 14-4: Deleted 1/29/2009 9:13:00 AM One Side Comments: For Collector streets, sidewalk width must be 5 feet both sides, and hike and bike trail requirements were deleted from this street classification. See other changes below. This was a request by the Public Works Department. Page 14-4: Inserted Both Sides Page 14-4: Deleted 8 feet other side Page 14-5: Deleted 1/29/2009 9:15:00 AM City’s Public Works Department Comments: Street markers are now to be provided by the developer. See insertion below. Page 14-5: Inserted Developer Page 14-5 –For Clarification -Reworded Sec. 21.14.1.S.3 to read: “The developer shall pay the cost of purchasing and installing all street lighting equipment and the cost of all street lighting services for a period of two (2) years or until such time as 70% of the buildings for which building permits have been issued are completed, whichever is sooner.” Page 14-8: Inserted 1/29/2009 9:25:00 AM with at least an 86’ ROW Comments: All streets subject to this Article with at least an 86’ ROW shall be required to construct a minimum eight foot (8’) wide hike and bike path located within the ROW five (5’) foot behind the curb. Page 14-8, Section 21.14.6.A. Added the following language: “…except along Interstates 35 and 10.” Page 14-9: Deleted 1/29/2009 8:46:00 AM Comments: This was a request by the Public Works Department. Hike and bike trails shall be installed on both sides of all State highways adjacent to the ROW. Hike and bike trails may be constructed of asphalt or portland cement according to standards set by the City Parks and Recreation Department. Where hike and bike trails are located adjacent to State highways, all adjacent utilities shall be constructed under the hike and bike trail or within the parkway located between the travel lanes and the hike and bike trail. Waivers or variances to the requirements within this paragraph shall only be made to the City Council under the requirements of section 21.4.12. Page 15-1, for clarification reworded Sec. 21.15.1.B. to read: “B. Drainage Easements 1. When a subdivision is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage rights-of-way (ROW) shall be provided. Said easement or drainage ROW shall substantially encompass the boundaries of said water course and shall be of sufficient width, in accordance with the construction standards in the Public Works Specifications Manual. 2. Drainage or storm water easements may be constructed as open earth channels or concrete drainage structures and shall be maintained by the developer or his/her assigns. 3. Drainage ROW shall contain concrete drainage structures or underground piping and shall be dedicated to and maintained by the City or other applicable jurisdictions. “ Page 15-2. for clarification reworded Sec. 21.15.2.G to read: “ G. Design and Construction All water facilities within a subdivision shall be designed and constructed to the standards as setforth in the Public Works Specifications Manual. Said facilities shall meet all state and federal regulations pertaining to approved public water systems including regulations regarding the preparation, submittal and approval of plans and specifications for water systems. Design of water facilities shall also be in conformance with all laws, policies, standards, rules and regulations for establishing the fire insurance key rate for the City.” Page 15-3 for clarification reworded Sec. 21.15.2.H.1. to read: 1. At time of preliminary platting the applicant shall provide the City with a letter of approval from the TCEQ certifying that the water system serving the development is in compliance with the rules and regulations of the TCEQ and that the public water system provider holds a current valid Certificate of Convenience and Necessity (CCR) for the area proposed for development. The letter of approval from the TCEQ shall be accompanied by a map delineating the boundaries of the CCN in the vicinity of the development. 2. For developments in the ETJ, the developer shall obtain approval and signature of the appropriate county health official on the water system statement as shown on the preliminary plat prior to Planning and Zoning Commission approval. The water system statement as shown on the plat, indicates that the development will be served by a water system meeting City standards, as stated in sec. 21.15.2. F. and the applicable standards of the water purveyor. 3. Plans and specifications for all water systems to serve the development shall be submitted as part of the subdivision construction plans. Page 16-4 Automobile Repair, minor; deleted last sentence as this is a regulation that should not be in the definition section. Page 16-6 College, University or Trade; deleted “Private Boarding School” Page 16-9 Flag; replaced definition Page 16-11 Garage, Private; deleted last sentence as it was a reguolation. Page 16-18 Recreational Vehicle; replaced language with language in the Nuisance Ordinance Page 16-24 Wrecking or Salvage Yards; for clarification reworded as follows: “Wrecking or salvage yards: An open air place where waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled or handled. This definition includes automobile wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged materials of house wrecking, automobile scrap metal, and structural steel materials and equipment.” Page 16-18: Inserted 2/10/2009 10:48:00 AM A structure attached to a residence and erected over a driveway, not exceeding one story in height, and open on two or more sides. Comments: This is the added definition of portecochere. Header and footer text box changes Footnote changes Endnote changes Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 17, 2009 Department: Planning & Zoning Subject: Ordinance No. 09-S-07–Consideration and/or action on a request to rezone 2.19± acres of land out of the Genobera Malpaz Survey No. 67, Abstract No. 221 from Single-Family Residential District-2 (R-2) to General Business District (GB) This property is located approximately 966 feet east of the intersection of FM-3009 and 220 feet south of FM-78 (John E. Peterson Blvd). Final Reading At the February 10th City Council meeting staff was asked research solutions for the following items: • An alternate access to the Bexar County Park on Schaefer Road: We found that the only way to create this access is to cross the Cibolo Creek where there is an extreme elevation difference and we would have to request easements through the CCMA treatment plant. • A secondary egress route for Lone Oak Subdivision: There is an emergency exit being reviewed by our City Engineer as part of the bond package. The City Engineer stated that the alternate/emergency egress will not affect this property. Otherwise the only other way to create an ingress/egress through this property would require the condemnation of two residential lots. • A perimeter road on this site: Of the 40.42 acres of property, 14.24 acres are within the floodplain. This would create a huge impact on this site and its potential development. FISCAL IMPACT None RECOMMENDATION The City Council voted to approve this item on first reading at their February 10, 2009 regular meeting. Based on that vote, staff recommends approval of this ordinance on final reading. Item 2.doc ORDINANCE NO. 09-S-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 REZONING 2.19± ACRES OUT OF THE GENOBERA MALPAZ SURVEY NO. 67, ABSTRACT NO. 221, IN GUADALUPE COUNTY, SCHERTZ, TEXAS FROM SINGLE-FAMILY RESIDENTIAL-2 DISTRICT (R-2) TO GENERAL BUSINESS DISTRICT (GB); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; PROVIDING A SERVABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. WHEREAS, Two Creeks 78 Ltd., has applied to rezone approximately 2.19 acres of land described in Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”). WHEREAS, on January 28, 2009 the Planning and Zoning Commission conducted a public hearing and determined that this request was in the interest of the public safety health, and welfare and recommended approval of the requested General Business Zoning District; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: UDC Ordinance No. 96-S-28, as same may have heretofore been amended, of the City of Schertz, Texas is hereby amended in the following manner. SECTION I Establishing permanent zoning for a 2.19± acre tract being situated out of the Genobera Malpaz Survey No. 67, Abstract No. 221 Guadalupe County, Schertz Texas, more particularly described in the Metes and Bounds Description and Map, as attached hereto as Exhibit “A”. SECTION II The Official Zoning Map of the City of Schertz described and referred to in Article III, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. SECTION III This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz and the laws of the State of Texas ZC2008-008 FM78 & FM3009 (2.19 ac) to GB ZC2008-008 FM78 & FM3009 (2.19 ac) to GB SECTION IV This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION V The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION VI Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence. Approved on first reading the 10th day of February, 2009. PASSED, APPROVED AND ADOPTED the 17th day of February, 2009. ____________________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY) MINUTES REGULAR MEETING February 10, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 10, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor City Attorney Michael Spain Assistant City Manager John Bierschwale City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION • Good Samaritan Certificate – Michael Voight Mayor Baldwin recognized Michael Voight and presented a certificate of appreciation for being a Good Samaritan. Chief Starr presented a pen and coin from the Schertz Police Department. Mayor Baldwin thanked Michael for being a great example to the young adults of Schertz. • Mark Roberts – Auto Collision regarding electronic signs Mayor Baldwin recognized Mr. Mark Roberts owner of Auto Collision in Schertz who came forward thanking the Council for allowing electronic signs and explaining how it has increased his business. Mayor Baldwin thanked Mr. Roberts for giving back to the community. REPORTS • Red Light Camera Update and Status – Presentation/Discussion and/or action regarding the status and update on the Red Light Camera. (S. Starr/M. Bane) 2-10-09 Minutes Mayor Baldwin recognized Captain Bane who introduced this item briefing the Council with a PowerPoint updating and reporting the status on the Red Light Camera issues. Captain Bane stated that an intersection approach must be selected based on traffic volume, history of accidents, number or frequency of red light violations at the intersection, and similar traffic engineering and safety criteria, without regard to the ethnic or socioeconomic characteristics of the area in which the approach is located. The local authority shall install signs along each roadway that leads to an intersection at which a photographic traffic signal enforcement system is in active use. The signage must clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty. Captain Bain further stated that the problem with the state regulation is that a person commits an offense (Class A misdemeanor) if the person uses a photographic traffic signal enforcement system to produce a recorded image other than in the manner and for the purpose intended. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that staff recommends to not pursue this issue and put it to rest. Council concurred. HEARING OF RESIDENTS Mayor Baldwin the following citizens: • Ken Greenwald, 205 Westchester, who spoke against the Light rail issue and provided a copy of a recent article. • Robert Brockman, 1000 Elbel Road, who requested that the City provide a map of the various city buildings to citizens. City Manager Don Taylor stated that the City is working on this project. Mr. Brockman also addressed Council regarding plans for building a pavilion and questions the size, which he believes is not a large enough facility for the City. • Robert Mc Mahon 6100 Covers Cove, who addressed the Council on the following: -Construction Trucks Speeding on Covers Cove and a request for the Police department to place the “Your speed limit is” sign -Drainage in street/water standing in street and at the community mailbox -Questions if the state subdizes our police department for monitoring IH 35 because he sees patrol vehicles there quite frequently. Discussion and/or Action Items 1. Minutes – Discussion and/or action regarding the approval of the minutes of the regular meeting of February 10, 2009. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve the minutes of February 10, 2009. Vote was unanimous. Motion Carried. 2-10-09 Minutes Page -2 - 2. Resolution No. 09-R-03 – Discussion and/or action creating and providing initial funding to the Hal Baldwin Scholarship, creating the Hal Baldwin Scholarship Committee, and appointing members to that committee. (D. Taylor/M. Spain) Mayor Baldwin recused himself and turned the meeting over to Mayor Pro-Tem Carpenter. Mayor Pro-Tem Carpenter recognized City Attorney Michael Spain who introduced this item stating that Pursuant to Article II, Section 2.01 of the City Charter, the City has the power and authority to promote and maintain good government and advance the interests of its inhabitants. He further stated it has been proposed that the City Council (a) create the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service and (b) establish an advisory committee to assist the City Council with the Scholarship. It will cost the city $1,000 the first year, donations have already come in to cover this. Councilmembers discussed this item and concurred it is was a great project giving an opportunity to educate our youth regarding city government and had questions answered regarding funding and donations. Mayor Pro-Tem Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve Resolution No. 09-R-03. Vote was unanimous. Motion Carried. Mayor Baldwin returned to the dais. 3. Resolution No. 09-R-07 – Discussion and/or action regarding approval of a resolution authorizing an Alamo Region Public Safety Shared Service Interlocal Agreement with the City of San Antonio, Bexar County, and Bexar Metro 9-1-1 Network District. (M. Spain) Mayor Baldwin stated this item had been pulled and would be brought back to Council at another time. No action taken. 4. Resolution No. 09-R-08 – Discussion and/or action regarding approval of a resolution authorizing a City of Schertz Tower Lease Agreement with Sprint Spectrum, LP. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating the City’s designated representative, Charmain Sanchez, has negotiated a five-year telecommunications antenna lease (with three possible five-year extensions) with AT&T Mobility Texas, LLC at the City’s water tank site at 1057 Live Oak Road. Fiscal Impact in revenue of $36,297 minus Ms. Sanchez’ fee for the first year incrementing to $40,852 in the fifth year. The City will also receive a one-time $6,000 impact fee. 2-10-09 Minutes Page -3 - Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Resolution No. 09-R-09 with the correction noted. Vote was unanimous. Motion Carried. 5. Ordinance No. 09-S–07 -Conduct a public hearing and discussion and/or action approving an ordinance to rezone 2.19± acres of land out of the Genobra Malpaz Survey No. 67, Abstract No. 221 from Single-Family Residential District-2 (R-2) to General Business District (GB). The property is located approximately 966 feet east of the intersection of FM-3009 and 220 feet south of FM-78 (John E. Peterson Blvd.). First Reading (M. Nichols) Mayor Baldwin recognized Misty Nichols, Planner I, who introduced this item stating the purpose of this hearing is the applicant would like to make the General Business Zoning deeper to allow for appropriate traffic flow and space for the proposed businesses. The applicant is still considering how he might develop the remaining 35.42 acres realizing he has the Dietz Creek and its Floodway to consider. The Zoning exhibit reflects a proposed 120-foot right-of-way that is identified on our Master Thoroughfare Plan meant to extend FM-3009 to IH-10. This extension has been determined by the City that is not economically feasible and would impact several residents, the Sewer Treatment plant (CCMA) and would require bridges over the Dietz Creek. The Future Land Use Map 3 identifies this area to be developed commercial. Planning and Zoning approved this request on January 28, 2009. Fiscal impact of increase tax revenue after development is complete. Mayor Baldwin opened the public hearing and, as no one spoke, closed the public hearing and recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-S-07 first reading with corrections noted. Vote was unanimous. Motion Carried. Requests and Announcements 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Fowler who asked when when the Fire Break issue would come to Council. Assistant City Manager John Bierschwale stated that this item would be on the next agenda for council discussion. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information No requests were noted. 8. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) 2-10-09 Minutes Page -4 - 2-10-09 Minutes Page -5 -• Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Baldwin recognized Councilmember Scagliola who stated he attended the following events: -Wednesday and Thursday February 4th and 5th the Trail riders and Kerr Trail Riders were in town at the Pickrell Park Pavilion and served stew. -Saturday, February 7th at the Civic Center, the Guadalupe Master Gardner’s Class and stated that KOAI had someone broadcasting live from the Civic Center. Mayor Baldwin stated that he and members from the Schertz Seguin Local Government met this week with the Executive Director and President of the Board and some of their attorneys from SAWS stating it was a very fruitful meeting to work together to resolve issues . 9. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives • Upcoming City Council agenda items No announcements. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 7:30 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: _______________________________________ Brenda Dennis City Secretary Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: February 17, 2009 Department: City Manager Subject: Realignment of the Current ZIP Code Boundary for the 78154 ZIP Code BACKGROUND The majority of property within the boundaries of Schertz is also located within the 78154 ZIP Code designated by the United States Postal Service (the “USPS”). However, certain property located within the Schertz city limits and Schertz’s extraterritorial jurisdiction (the “Schertz ETJ”) is located within the 78108 ZIP Code and has been assigned “Cibolo, Texas” as the USPS “default city” for the mailing addresses for such properties. The mandating of Cibolo addresses for properties located within Schertz has caused numerous problems for those affected residents. The attached resolution and letter would allow Schertz to petition the USPS for realignment of the current ZIP Code boundary for the 78154 ZIP Code to include all property within the Schertz city limits and all property within the Schertz ETJ. FISCAL IMPACT None None RECOMMENDATION Approve Resolution No. 09-R-05 ATTACHMENT Resolution No. 09-R-05, with letter to United State Postal Service District Manager attached as Exhibit A 50154132.1 RESOLUTION NO. 09-R-06 A RESOLUTION REQUESTING MODIFICATION OF ZIP CODE BOUNDARIES FOR PROPERTY LOCATED IN THE CITY OF SCHERTZ, TEXAS AND ITS EXTRATERRITORIAL JURISDICTION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the majority of property within the boundaries of the City of Schertz, Texas (“Schertz”) is also located within the 78154 ZIP Code designated by the United States Postal Service (the “USPS”); and WHEREAS, certain property located within the Schertz city limits and Schertz’s extraterritorial jurisdiction (the “Schertz ETJ”) is located within the 78108 ZIP Code and has been assigned “Cibolo, Texas” as the USPS “default city” for the mailing addresses for such properties through the USPS; and WHEREAS, the mandating of Cibolo addresses for properties located within Schertz has caused numerous problems for those affected residents, including causing those residents to be denied the right to vote in Schertz municipal elections, causing uncertainty for those residents regarding whether they should vote in Cibolo or in Schertz for municipal elections, and causing mail addressed to those Schertz residents at “Schertz, Texas” to be returned to sender as undeliverable; and WHEREAS, the City Council of the City of Schertz, after due and careful consideration, has determined that it is necessary and appropriate to petition the USPS for realignment of the current ZIP Code boundary for the 78154 ZIP Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Schertz City Council hereby requests that the USPS realign the current boundary for the 78154 ZIP Code to include all property within the Schertz city limits and all property within the Schertz ETJ. Section 2. The Schertz City Manager is hereby directed and authorized to request a realignment of the current Schertz ZIP code boundaries by the USPS and to take such further action as required to provide each resident of Schertz and the Schertz ETJ with a “Schertz, Texas” mailing address. A letter to Mr. Manuel Arguello, the Manager of the applicable USPS Postal District, to commence the process is attached as Exhibit A. Section 3. This Resolution shall take effect from and after its passage, and it is so resolved. Resol (Zip Code).doc Resol (Zip Code).doc PASSED AND APPROVED on this17th day of February, 2009. _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY [City Seal] [SCHERTZ LETTERHEAD] February __, 2009 Mr. Manuel Arguello District Manager United States Postal Service 10410 Perrin Beitel Road San Antonio, Texas 78284-9661 Re: ZIP Code Boundary Review Dear Mr. Arguello: The City of Schertz, Texas (“Schertz”) hereby requests that the United States Postal Service (“USPS”) adjust the ZIP code boundaries currently in place for certain property located within the city limits of Schertz and property located within the limits of Schertz’s extraterritorial jurisdiction (“Schertz ETJ”). The majority of property within the Schertz city limits is assigned ZIP Code 78154. However, some of Schertz residents are assigned the 78108 ZIP Code and corresponding “Cibolo, Texas” address. Providing Cibolo addresses to Schertz residents has caused numerous problems, including several residents being denied the right to vote at the most recent Schertz municipal election and causing general uncertainty for those residents regarding whether they should vote in Cibolo or in Schertz for municipal elections. Additionally, the mandating of Cibolo addresses for certain Schertz residents has caused mail addressed to Schertz residents at “Schertz, Texas” to be returned to sender as undeliverable. Schertz requests that all property located within the Schertz city limits be assigned ZIP Code 78154, with the default city name of “Schertz, Texas”. The list of addresses currently located in Schertz but assigned to “Cibolo, Texas 78108” is attached as Exhibit A. Schertz further requests that all property within the Schertz ETJ be assigned to ZIP Code 78154 with the default city name of “Schertz, Texas”. This will prevent future discrepancies as this area within the Schertz ETJ is annexed by Schertz. Note: Such property may be annexed only by Schertz; it may not be annexed by Cibolo or any other city. A list of addresses within the Schertz ETJ but assigned to Cibolo, Texas 78108 is attached as Exhibit B. Note, too: None of the properties listed on Exhibits A or B were ever in the City of Cibolo or Cibolo’s extraterritorial jurisdiction. Finally, a Resolution of the Schertz City Council formally requesting a ZIP Code realignment is attached as Exhibit C. Schertz feels the ZIP Code changes requested above are necessary for the following reasons: (i) to ensure all Schertz residents the right to vote in Schertz municipal elections; (ii) to ensure that all Schertz residents receive mail, such as their Schertz utility bills, that is addressed to them at “Schertz, Texas”; (iii) to prevent citizens being sent jury duty notices when they are not eligible to serve based on their actual, versus postal, residence; (iv) to avoid emergency service vehicles from being misdirected by confusion over whether a call has come from Schertz or from Cibolo, based on mailing address information; and (v) to correctly identify Schertz residents as such. Arguello Ltr.doc February __, 2009 Page 2 Arguello Ltr.doc Your office previously reviewed this matter but rejected our request. The recent voting problems for some of our residents has emphasized again the critical importance of correcting Schertz residents’ incorrect ZIP Codes. The USPS practice of incorrectly identifying the addresses of many of our citizens cannot be allowed to disenfranchise any of our citizens, in addition to the other day-to-day problems this causes many of our residents. The USPS ZIP Code Boundary Review Process Policy states that a “municipal request to modify . . . ZIP Code boundaries in order to provide municipal identity . . . will be considered and every reasonable effort will be made to accommodate them.” Schertz asks that the USPS consider our request to realign the current ZIP Code boundaries to allow all of Schertz and its ETJ to share the same ZIP Code and corresponding “Schertz, Texas” mailing address. Please contact me directly should you need any additional information or explanation regarding this request by Schertz. We appreciate your time and consideration. Very truly yours, Don Taylor, City Manager cc: The Honorable Kay Bailey Hutchinson The Honorable John Cornyn The Honorable Henry Cuellar The Schertz City Council Citizens of the City of Schertz EXHIBIT A Arguello Ltr.doc EXHIBIT B Arguello Ltr.doc EXHIBIT C Arguello Ltr.doc COM AL COUNTY GUAD ALUPE COUNTY SCHERTZ ETJ SCHERTZ ETJ CITY OF SCHERTZ CITY OF SCHERTZ 482 2252 3009 1103 35 35 CIBOLO GARDEN RIDGE NEW BRAUNFELS NOR-TEX DR COYOTE RUN WAHL LN IOLAS WAY SCENIC HILL LN SCHUETZ DR ABBEY RD PVT ST AT ENGEL RD SCENIC DR PIG ALLEY DEN-OTT HILL FOREST RIDGE PKWY HIGH CREEK RD KOVE LN SCHWAB RD BERRY CREEK DR PVT RD AT COYOTE RUN BIG JOHN LN TROPHY OAKS DR KLEIN CIR FOX RUN OLD SCHWAB RD BLUE FOREST DR KURRE WAY BERRY PARK JESSES CIR GUNTHER GROVE ELM CT PRIVATE DR SAHM PASS CREST OAK DR VISTA DR GREEN BLUFF DR SURNAD PLACE CIPRIANI WAY CHERRYHURST PEBBLE RUN PHEASANT KINZEL CT CORRIDOR OAKS BUNKER ST ENGEL RD GREEN VALLEY RD CIBOLO VALLEY DR DEAN RD KRUEGER CANYON OLD NACOGDOCHES RD DOERR LN MARION RD COLUMBIA WIEDNER RD OL D WI EDERSTEI N RD ECKHARDT RD KOEHLER RD SCHWAB RD WOODLAND OAKS DR FAWN DR DIMROCK DEER CREEK BLVD HOYA LN HOLLY LN ANTLE R DR TOWN CREEK RD CHERRY TREE DR HOPE LN BELMONT PKWY GLOXINIA DR LIVE OAK RD FROBOESE LN TRI-COUNTY PKWY COUNTRY CLUB BLVD FRIESENHAHN LN CIRC LE OAK DR STORM KING ORTH AVE SAVANNAH DR HUBERTUS RD WILLOW VW REGENCY RUN SCHNEIDER LN ASHLEY OAK DR TIMBER ROSE DR BRUSH TRAIL BEND COVERS CV LOTUS PARK KLINE CIR TRITON WIEDERSTEIN RD DIETZ RD GUADA COMA DR HINGE PATH CEDAR LN SCHMUCKS RD FAIRLAWN AVE RIO VISTA DR ROSE LN EAGLE VALLEY ST DRAYTON BELL NORTH DR SUMAC LN FOUR OAKS LN CINCHONA TRL H ARVEST MORNING DR WILLOW BLF BENCH TRL BENT TREE DR N WILLOW WAY BROOK HOLLOW DR BLUEBELL DR CORRIDOR PKWY WAR AD MIRAL WENSLEDALE DR BENTWOOD RANCH DR JASMINE DR HINGE CHASE BROOKLINE R ED IRON FOXBRIAR LN MAYFAIR CORDERO DR CRUSADER BEND CLIFFSIDE DR TIMBER SPGS HINGE LOOP PERSIMMON DR BLAZING STAR TRL TRIPLE CROWN OSAGE AVE HICKORY BEND HABERSHAM CHARLESTON VALENCIA LN SORRELL LN PING WAY GARDEN RIDGE DR PILLORY POINTE BLUE SAGE LN RED TIP DR OZ UNA D R VALONA DR CH ELSEA DR FAWN RDG WIMBLEDON DR PARK HTS STAR LIGHT LN WEEPING WILLOW TULIP ST BR OOK VW CREST OAK DR MAXFLI DR AMERICAN FLAG BURNTWOOD ARROYO VERDE CORSICA DR MARIGOLD WAY GO LDENROD L N TANGLEWOOD PARK BRIAR ST POSEY PASS LOOKOUT RD RAINY BROOK SAFARI DR PILOT PT WHISPER PT ARCADIA PLACE TURNABOUT LOOP COTTON KING STIL L BROOK LN RUSCH LN OAK RUN PIPESTONE WHISPER RDG ROYAL TROON DR PARK DR BOXER PASS DR GL EN EA GLES DR DEW FALL TRL DEER MEADOW BLVD CARMEL DR MUSTANG VALLEY CLOUDY BROOK PATHFINDER CABANA DR S WILLOW WAY BROOK STONE GREENSHIRE DR SADDLE SPOKE BROOK BEND MEADOW HE AD DR RANCH HOUSE RD FOXGLOVE PASS BEN TWOOD PASS SHERWIN DR PRIMROSE WAY MUNICIPAL PKWY BLUE WILLOW FAIRWAYS DR MICHELLE HILL WHISPER FIELD SPRINGTREE GATE DEER MESA FOXFORD RUN DR TY LINDSTROM ASSEMBLY CIR PHANTOM CRK BAY HILL DR FAIRVIEW CIR STADLER CV WILLOW CREST ASTER CIR THOMAS EDISON DR PRIMROSE RALEIGH DR WOLF RUN MONTESA CT PORTAGE LN CREEK RUN CALLEY CIR AZALEA WAY WISTORIA CT TURNBERRY DR CENIZO SPG EBONY LN OAK CREEK DR FIR CIR HINGE IRON GOOSEN WAY SWEETLEAF LN GREEN VALLEY RD Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: February 17, 2009 Department: Marshal/Police Administration Subject: Resolution No. 09-R-11 -Grant Resolution BACKGROUND On February 10, 2009 a Criminal Justice 421 Grant was completed and is ready to be sent to the Governor’s Office requesting funding for purchase of six (6) computers to be placed in police department vehicles. The request was for the amount of $34,315.20 in grant funds under application #2157701. FISCAL IMPACT None If the grant is awarded it could save the City of Schertz $34,315.20 in budget monies. RECOMMENDATION Staff recommends Council approval ATTACHMENT Resolution No. 09-R-11 Grant Application Resolution No. 09-R-11 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE SUBMISSIONOF A 421 CRIMINAL JUSTICE PLANNING GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR’S OFFICE; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THE 421 CRIMINAL JUSTICE PLANNING PROGRAM. WHEREAS, the City of Schertz finds it in the best interest of the citizens of Schertz to apply for the 421 Criminal Justice Planning grant to be operated during the 2008/2009 budget year; and WHEREAS, the City of Schertz has authorized the City Manager to apply for, accept, Reject, alter, or terminate the grant on behalf of the applicant agency; and WHEREAS, the City of Schertz agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City of Schertz assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the City of Schertz desires to submit an application for a grant to the Criminal Justice Division of the Governor’s Office to secure funds from the 421 Criminal Justice Planning fund; and WHEREAS, the project will support the cost to purchase laptop computers for use in the Schertz Police Department patrol cars and will be given a project title of “PD Laptops”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, as follows: The City of Schertz authorizes the City Manager to submit an application to the Criminal Justice Division for the 421 Criminal Justice Planning grant program to support the cost to purchase laptop computers for the Police Department. The City Council directs and designates the City Manager as the City’s Chief Executive Officers and Authorized Representative to act in all matters in connection with this application and the City’s participation in the 421 Criminal Justice Planning grant program. Expenditures of the grant shall be administered in compliance with Criminal Justice Division guidelines and terms and conditions of the grant award. The City Manager will assure that the grant funds will be expended in accordance with said guidelines. In the even of loss or misuse of Criminal Justice Division funds, the City of Schertz assures that funds will be returned to the Criminal Justice Division in full. READ, PASSED, AND APPROVED, this the 17th day of February, 2009. __________________________________ Hal Baldwin, Mayor ATTEST: _____________________ ___ Brenda Dennis, City Secretary Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: February 17, 2009 Department: Administration Subject: Resolution No. 09-R-12 -Authorizing a reimbursement of general fund money for irrigation to be performed at the city’s new library facility. BACKGROUND The City Staff of the City of Schertz (the “City”) has determined that the City requires irrigation services be conducted immediately relating to the new Library facility located at 798 Schertz Parkway, Schertz, Texas, The City Staff recommends to the City Council to approve the expenditure of funds for the irrigation to be allocated out of general funds and then reimbursed from the City’s tree mitigation funds once approval of the UDC has been completed. The City Staff has determined it is in the City’s best interest to enter into an agreement with Choate Irrigation pursuant to the Irrigation Agreement attached hereto as Exhibit A. FISCAL IMPACT Funds from General Fund Landscape Irrigation Account # 101-167-581800 in the amount of $43,000 and will be reimbursed from the Tree Mitigation Fund Account # 101-302-551110. RECOMMENDATION The City Staff recommends to the City Council to approve the expenditure of funds for the irrigation to be allocated out of general funds and then reimbursed from the City’s tree mitigation funds once approval of the UDC has been completed. ATTACHMENT Resolution No. 09-R-12 Exhibit A RESOLUTION NO. 09-R-12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A REIMBURSEMENT OF GENERAL FUND MONEY FOR IRRIGATION TO BE PERFORMED AT THE CITY’S NEW LIBRARY FACILITY. WHEREAS, the City Staff of the City of Schertz (the “City”) has determined that the City requires irrigation services be conducted immediately relating to the new Library facility located at 798 Schertz Parkway, Schertz, Texas, WHEREAS, the City Staff recommends to the City Council to approve the expenditure of funds for the irrigation to be allocated out of general funds and then reimbursed from the City’s tree mitigation funds once approval of the UDC has been completed, WHEREAS, the City Staff has determined it is in the City’s best interest to enter into an agreement with Choate Irrigation pursuant to the Irrigation Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager or their designee designee to procure services for irrigation work to be conducted at the City’s new Library facility located at 798 Schertz Parkway, Schertz, Texas in the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 17th day of February 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Agenda No. 7 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: February 17, 2009 Department: Fire Department Subject: CERT Trailer – Equipment trailer for use by our Community Emergency Response Team (CERT) BACKGROUND Bexar County has offered to provide an equipment trailer for use by our Community Emergency Response Team (CERT). The trailer will be provided at no cost to the City of Schertz, other than insurance and maintenance. The attached formal agreement with Bexar County is required because the trailer will be purchased with Homeland Security grant funds allocated to Bexar County. The City will develop internal policies and procedures governing authorized operators, tow vehicles, etc. FISCAL IMPACT Only cost will be to insure the trailer and maintain. RECOMMENDATION Staff recommends the City Council approve the agreement for loan of trailer purchased with Homeland Security funds from Bexar County. ATTACHMENT Agreement BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated recommendation to approve the agreement for loan of the trailer purchased with Homeland Security funds from Bexar County. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 17th day of February, 2009, at which meeting a quorum was present, held in accordance with the provisions of the Texas Government Code, §551.001 et seq., as amended. APPROVED Hal Baldwin, Mayor City Council Memorandum Page 2 ATTEST: ___________________________________ Brenda Dennis, City Secretary STATE OF TEXAS § AGREEMENT FOR LOAN OF § TRAILER PURCHASED WITH COUNTY OF BEXAR § HOMELAND SECURITY FUNDS This Loan Agreement (the “Agreement”) is entered into by and between the County of Bexar (“BEXAR”) and Schertz Fire Department Community Emergency Response Team (“SCHERTZ FD”) (also, individually, a “Party” or, collectively, the “Parties”). RECITALS BEXAR has procured the trailer described below (both individually and collectively, the “Trailer”) with Texas Homeland Security funds: 1 Haulmark Transport Trailer, 5’ X 8’, TS5X8DS2 (White) Single Axle -Single Rear Door with 2 12V Dome Lights -Fold down Jacks -24" DP Stone Guard -3/4" Plywood Floor – 14” X 14" Roof Vent, No Side Door. Accessories include: Bulldog 2 5/16 Coupler, Portable Ramp -12" wide side w/lip, Tie downs, E Track hooks, Coupler Lock, CERT Graphics, 4 X 3" White Strobes 12V, 14' Etrack, 7-WAY RV Style Plug. Total Trailer Cost with Accessories: $2,884 The purpose of this Agreement is to set out the terms and conditions under which BEXAR will loan the Trailer to SCHERTZ FD. ARTICLE I TERM 1.01 The term of this Agreement shall begin when the Agreement is fully executed and terminate five years later, unless terminated earlier pursuant to 1.02 below. 1.02 BEXAR may terminate this Agreement when it is in the best interest of BEXAR to do so. ARTICLE II LICENSE TO USE TRAILER GRANTED 2.01 BEXAR will loan the Trailer to SCHERTZ FD for the purpose of furthering the Texas Homeland Security Strategy. In consideration for the loan of the Trailer, SCHERTZ FD will: A. Obtain and maintain full insurance coverage for the Trailer, and provide proof of that insurance; B. Maintain the Trailer in good working order; C. Use the Trailer only for purposes permitted under the Alamo Area Community Emergency Response Team (“CERT”) Guidelines to include CERT and other appropriate homeland security trainings, exercises, approved community events, and CERT activation(s) by the County Emergency Management Authority; D. Return the Trailer to BEXAR if it is no longer needed; and E. Comply with all terms of this Agreement. ARTICLE III COMPLIANCE WITH LAW 3.01 SCHERTZ FD certifies that it will comply with the Permanent Loan Guidelines promulgated by the U.S. Department of Homeland Security’s Office of State and Local Government Coordination and Preparedness. ARTICLE IV INSPECTION OF TRAILER 4.01 At any reasonable time and as often as BEXAR may deem necessary, SCHERTZ FD shall make the Trailer available for inspection by BEXAR or any of its authorized representatives. ARTICLE V PERFORMANCE REPORTS 5.01 As often and in such form as BEXAR may require, SCHERTZ FD shall furnish BEXAR with such performance records as are deemed by BEXAR to be pertinent to matters covered by this Agreement. ARTICLE VI OTHER TERMS AND CONDITIONS 6.01 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and contains all of the terms and conditions agreed upon. No other agreement, oral or otherwise, regarding the subject matter of this Agreement shall bind the Parties unless it is in writing, dated subsequent to the date hereof, and duly executed by the Parties. 6.02 Interpretation. In the event any disagreement or dispute should arise between the Parties pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, regulations, laws, codes or ordinances, BEXAR, as the Party responsible for compliance with the requirements of the UASI State Homeland Security Grant, shall have the final authority to render or secure an interpretation. 6.03 Notices. For purposes of this Agreement, all official communications and notices among the Parties shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, to the following addresses: SCHERTZ FD: Glen Outlaw, Assistant Chief Schertz Fire Department 1400 Schertz Pkwy # 8 Schertz, TX 78154 2 BEXAR: Bexar County Judge Bexar County Courthouse 100 Dolorosa Suite 1.20 San Antonio, TX 78205 And: Bexar County Fire Marshal 203 W. Nueva, Suite 302 San Antonio, TX 78207 Notice of changes of address by either Party must be made in writing and delivered to the other Party’s last known address within five (5) business days of the change. 6.04 Parties Bound. This Agreement shall be binding on and inure to the benefit of the Parties and their respective administrators, legal representatives, successors and assigns, except as otherwise expressly provided herein. 6.05 Gender. Words of gender used in this Agreement shall be held and construed to include the other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. 6.06 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principle and agent, partners, joint venturers or any other similar such relationship between the Parties. 6.07 Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Bexar County, Texas. 6.8 Captions. The captions contained in this Agreement are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this Agreement. 6.9 Recitals. The Recitals at the beginning of this Agreement are incorporated into the Agreement and shall be binding on the Parties. EXECUTED in duplicate originals this the 17th day of February, 2009. COUNTY OF BEXAR SCHERTZ FD By: _______________________ By: NELSON W. WOLFF County Judge Title: ______ ATTEST: ATTEST: By: By: GERARD RICKHOFF BRENDA DENNIS County Clerk City Secretary 3 4 APPROVED AS TO LEGAL FORM: SUSAN D. REED Criminal District Attorney Bexar County, Texas By: KELSEY MENZEL Assistant Criminal District Attorney Civil Section APPROVED AS TO FINANCIAL CONTENT: By: TOMMY J. TOMPKINS County Auditor By: DAVID SMITH Executive Director/Budget Officer Planning & Resource Management Dept. Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: February 17, 2009 Department(s): Planning & Zoning Parks & Recreation Subject: Resolution No. 09-R-09 Resolution approving a Community Facilities Agreement between the City of Schertz and KB Home Lone Star, LP for the dedication of parkland. BACKGROUND KB Home Lone Star, LP (KB Homes or KB) is in the process of developing the Links at Scenic Hills Subdivision in the northern portion of the City. Article XI, Section 32.3 of the UDC states that “A final plat establishing a residential subdivision either within the City or within the area of extraterritorial jurisdiction of the City shall contain the dedication of an area of land for park purposes meeting the requirements set out in this Code, or a notation signed by the City Manager of receipt of an approved cash payment in lieu of land.” KB Homes has received approval of 119 lots as part of Units 1 and 2 of The Links at Scenic Hills and anticipates the development of an additional 88 lots as part of Unit 3. In conjunction with the development of this property, KB Homes has previously dedicated approximately seven (7) acres of land to its HOA for parkland/open space and anticipates an additional six (6) acres of land as part of the development of Unit 3. Parkland is required to be dedicated at a rate of one (1) acre for every 133 dwelling units or a fee-in-lieu of land dedication in the amount of $225 per dwelling unit is required. The total amount of parkland/open space required to be dedicated as part of the development of the Links at Scenic Hills is 1.556 acres of land or the developer would be responsible for paying $46,575 fee-in-lieu of land dedication. In August of 2007, the City purchased approximately eight (8) acres of parkland from KB Homes originally designated to be Unit 4 of the Links at Scenic Hills. The City subsequently contacted KB Homes to see if they would be interested in dedicating additional parkland to the City in lieu of dedication to the HOA. Since KB Homes would be dedicating parkland in an amount that greatly exceeded the minimum requirements of the UDC, KB inquired about the possibility of receiving credit for the excess parkland. Staff researched Texas Local Government Code, the City of Schertz UDC, and other traditional planning practices and determined that a Community Facilities Agreement (CFA) would be the most appropriate mechanism for the dedication and subsequent credit for excess parkland associated with the Links at Scenic Hills Subdivision. A CFA functions in a similar manner as a KB Homes CFA City Council Memorandum Page 2 KB Homes CFA Development Agreement. A Development Agreement is a contract between a property owner and a municipality whereby both parties agree to provide certain services as outlined in the agreement; however, in accordance with Chapter 212.172 of Texas Local Government Code, a Development Agreement may only be entered into between a municipality and a property owner located within the extraterritorial jurisdiction (ETJ) of the municipality. A CFA is an alternative form of Development Agreement that may be utilized within the City Limits or ETJ when utilized in connection with the dedication of community facilities. Parkland and open space are considered “community facilities” since they are dedicated for public use and therefore, a CFA is determined to be the most appropriate mechanism for securing the dedication of this parkland and the subsequent provision of credits for excess parkland dedication. This CFA outlines the agreements by KB Homes, the City, and mutual agreements by both parties. KB Homes agrees to dedicate approximately six (6) acres to the City and to replat that property and the City’s existing property into one (1) large lot to be utilized for a regional park/open space. The City agrees to allow credits for existing lots within the Links at Scenic Hills Units 1 and 2 and credits against future lots within the Links at Scenic Hills Unit 3. These credits would be vested at the rate of one (1) acre for every 133 dwelling units. The City agrees to allow credits in the amount of one (1) acre for every 34 dwelling units for future subdivisions developed in the City. This rate is equal to approximately one-third (1/3) of the amount of parkland dedication required under the revised parkland dedication rates adopted by the City Council in February of this year. Additionally, the City agrees to waive the parkland development fees associated with future parkland dedications. A portion of the property owned by KB will be retained under the ownership of the HOA. This approximately 1.253 acre portion is the location of the existing HOA Amenity Center. The dedication of this land combined with the existing property the City owns totals 14.308 acres of land. The City purchased its 8.368 acres of land for a total of $181,903.94 which results in $21,738.04 per acre. The total value of the dedicated property may be calculated using the same amount which results in a value of $129,123.96. This amount combined with the existing City property results in a total value of parkland within this area of the City of $311,027.90. The overall benefit gained by the City is the ability to acquire a large amount of parkland, 14.308 acres of land that may be utilized as a regional park and open space facility. This land may be utilized as a match against a $500,000 grant from TPWD for development of parkland. Additionally, the added land will address a deficiency identified in the City’s Parks and Open Space Master Plan by providing adequate park facilities within this region of the City. FISCAL FISCAL IMPACT The fiscal impact would be a loss in parkland dedication fees of $23,175 for the Links at Scenic Hills and $52,150 for future subdivisions which results in a total loss of $75,325 in parkland dedication fees. This loss is offset by the gained value of total park property within this area which can be utilized for a matching grant from TPWD and addresses a parkland deficiency within this region of the City. RECOMMENDATION The Parks and Recreation Advisory Board considered this item at their August 18, 2008, regular meeting and unanimously recommended approval of this request. Based on the provisions City Council Memorandum Page 3 KB Homes CFA within the CFA and the unanimous recommendation from the Parks and Recreation Advisory Board, staff recommends approval of this item. ATTACHMENT Resolution No. 09-R-09 KB Homes CFA Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: February 17, 2009 Department(s): Planning & Zoning Parks & Recreation Subject: Resolution No. 09-R-10 – Resolution approving a Community Facilities Agreement between the City of Schertz and Pulte Homes of Texas, LP for the dedication of parkland BACKGROUND Pulte Homes of Texas, LP (Pulte Homes or Pulte) is in the process of developing several subdivisions within the City including the Kramer Farms Subdivision off Schertz Parkway and the Fairhaven Subdivision (formerly the Ridge at Scenic Hills Subdivision) in the northern portion of the City. Article XI, Section 32.3 of the UDC states that “A final plat establishing a residential subdivision either within the City or within the area of extraterritorial jurisdiction of the City shall contain the dedication of an area of land for park purposes meeting the requirements set out in this Code, or a notation signed by the City Manager of receipt of an approved cash payment in lieu of land.” Pulte Homes has has received approval of 107 lots as part of Fairhaven Unit 2, 94 lots as part of Kramer Farms Unit 3, Phase A, 11 lots as part of Kramer Farms Unit 3, Phase B and 97 lots in Fairhaven Unit 3 for a total of 309 lots. In conjunction with the development of the Fairhaven Subdivision, Pulte Homes has previously dedicated approximately eight (8) acres of land to its HOA for parkland/open space. Parkland is required to be dedicated at a rate of one (1) acre for every 133 dwelling units or a fee-in-lieu of land dedication in the amount of $225 per dwelling unit is required. The total amount of parkland/open space required to be dedicated as part of the development of Fairhaven and Kramer Farms is 2.323 acres of land or the developer would be responsible for paying $69,525 fee-in-lieu of land dedication. The City Council will be considering a similar Community Facilities Agreement (CFA) between KB Homes and the City related to the dedication of property adjacent to the eight (8) acres the City owns at their September 2, 2008 regular meeting. In August of 2007, the City purchased approximately eight (8) acres of parkland from KB Homes originally designated to be Unit 4 of the Links at Scenic Hills. The City contacted KB Homes about dedicating additional land originally given to the HOA to the City. Subsequently, the City, in cooperation with KB Homes, contacted Pulte Homes regarding the dedication of the eight (8) acres of parkland originally dedicated to the Fairhaven HOA. Since the City was considering a CFA with KB Homes regarding their adjacent parkland, the City made the same offer to Pulte Homes. KB Homes CFA City Council Memorandum Page 2 KB Homes CFA This proposed CFA between the City and Pulte Homes is similar to the CFA the City is negotiating with KB Homes. Pulte homes will be dedicating all of the eight (8) acres they own to the City and in return, will receive credits at a rate of one (1) acre for every 133 dwelling units for the existing lots within Fairhaven Units 2 and 3 and Kramer Farms Unit 3 Phases A and B. Pulte will also be receiving credits against the development of future subdivisions within the City at a rate of one (1) acre for every 34 dwelling units. The dedication of this land combined with the existing property the City owns and the land dedicated as part of the KB Homes CFA totals 22.392 acres of land. The City purchased its 8.368 acres of land for a total of $181,903.94 which results in $21,738.04 per acre. The total value of the dedicated property may be calculated using the same amount which results in a value of $175,730.32 from Pulte. This amount combined with the existing City property and the KB Homes property results in a total value of parkland within this area of the City of $486,758.22. The overall benefit gained by the City is the ability to acquire a large amount of parkland, 22.392 acres of land that may be utilized as a regional park and open space facility. This land may be utilized as a match against a $500,000 grant from TPWD for development of parkland. Additionally, the added land will address a deficiency identified in the City’s Parks and Open Space Master Plan by providing adequate park facilities within this region of the City. FISCAL IMPACT The fiscal impact would be a loss in parkland dedication fees of $45,900 for Fairhaven Units 2 and 3, $23,625 for Kramer Farms Unit 3, Phases A and B and $68,250 for future subdivisions which results in a total loss of $137,775 in parkland dedication fees. This loss is offset by the gained value of total park property within this area which can be utilized for a matching grant from TPWD and satisfies a parkland deficiency in this this region of the City. RECOMMENDATION The Parks and Recreation Advisory Board considered this item at their August 18th 2008, regular meeting and unanimously recommended approval of this request. Based on the provisions within the CFA and the unanimous recommendation from the Parks and Recreation Advisory Board, staff recommends approval of this item. ATTACHMENT Resolution No. 09-R-10 Pulte Homes CFA Agenda No. 10 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: February 17, 2009 Department: Engineering Subject: Town Creek Sewer Phase Two Easement Acquisition BACKGROUND In 1992 Charles A. Forbes with San Antonio Two Limited Partnership, dedicated an easement for the purpose of a future sewer line across his property. During design of the Phase Two Sewer Project, it was determined that the city and the property would be better served if the easement ran down the side property line rather than thru the middle of the property. Mr. Forbes has agreed to dedicate the new sewer line easement with the condition that the City releases the original sewer easement. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the request for new sewer line easement with the condition of releasing the original easement. ATTACHMENT Forbes’ Proposed Sewer Easement Exhibit BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated recommendation to approve the request for new sewer line easement with the condition of releasing the original easement. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 17TH day of February, 2009, at which meeting a quorum was present, held in accordance with the provisions of the Texas Government Code, §551.001 et seq., as amended. APPROVED Hal Baldwin, Mayor City Council Memorandum Page 2 ATTEST: ___________________________________ Brenda Dennis, City Secretary LEGEND: EXIST EASEMENT PROPOSED EASEMENT SSE-SANITARY SEWER EASEMENT CE-CONSTRUCTION EASEMENT VW-VARIABLE WIDTH CITY OF SCHERTZ TOWN CREEK SEWER PROJECT SANITARY SEWER FORCEMAIN EASEMENT FEB. 2009 0 300' 600' SCALE: 1" = 300' 25' CE 25' CE 16' SSE 25' CE 25' CE 25' CE 25' CE 16' SSE 16' SSE 25' CE 25' CEFRIESENHAHN LIFT STATION SITE 10' SSE 25' CE 5' SSE 16' SSE 25' CE 16' SSE 16' SSE 25' CE 16' SSE 25' CE 25' CE 16.00' 25.00' 16' SSE 25' CE H:\CIV_PROJ\_SCHERTZ\112426 01Town Creek Sewer, Forcemain\dwg\EXHIBIT\EASEMENT LAYOUT_2008-05-20.dwg CITY COUNCIL MEMORANDUM City Council Meeting: February 17, 2009 Department: Public Works Subject: Capital Improvements Status Report STREET PROJECTS: A. Completed Projects. 1. Dimrock Street Resurfacing. This project is complete. 2. Woodland Oaks Drive Resurfacing. This project is complete. 3. Lone Oak Subdivision and Savannah Drive Resurfacing. This project is complete. B. Projects under construction. 1. Doerr Lane Reconstruction. The contractor, Dean Word Company, has moved on site and is beginning utility relocations. The construction will take approximately 9 months. 2. Schertz Parkway Reconstruction. The contractor, V. K. Knowleton, has completed the major items of work and is now doing punch list items. Landscape work, by city forces, in the islands has begun. New sign installation will begin the second week in February. The intersections of Elbel, Aero and Schertz Parkway are to be reconfigured, thru stripping and signal light adjustments, for dedicated left turn movements. 3. Deer Haven Subdivision Streets. This project is approximately 20% complete. The Contractor, D & D Contractors, has installed the majority of the drainage structure work and completed the water and sewer relocations. Road work is beginning. The construction will continue for approximately six months. C. Projects in design. 1. Wiederstein – Chelsea Intersection. 95% plans are being reviewed. Utility companies are effecting relocates of their facilities and TxDOT is reviewing the plans. This project is scheduled to bid in March. 2. Rural Roads – Phase I. 95% plans are due from the consultant this week. This project includes Ware Seguin Road, Greytown Road and a portion of Boenig. This project is scheduled to bid in March. City Council Memorandum Page 2 3. Green Valley Road. 30% plans are due from the consultant this week. Options will be presented for the improvements and a decision will be made on the final scope of work. This project will probably bid in early summer 2009. 4. Northcliffe Streets. a. 70% plans for Country Club Drive have been reviewed and the consultant has been instructed to proceed with preparation of the 95% submittal. This project will probably bid in early summer 2009. b. 30% plans are due this week for Morning and Cliffside. Options will be presented for the improvements and a decision will be made on the final scope of work. This project will probably bid in mid-summer 2009. 5. Design will begin on Rural Roads Phase II, Lone Oak Emergency Exit, Main Street and Northcliffe Streets Phase II after the last Bond sale. DRAINAGE PROJECTS A. Completed Projects. 1. Drainage Improvements in the Villages Units I & II. This project is complete. 2. Clyde Ford and Gettysberg. This project is complete. B. Projects Projects under design. 1. West Dietz Creek Upstream. 95% plans have been reviewed and the consultant has been directed to prepare bid documents. Right of way has been secured and utilities have been relocated as necessary. This project will bid in early March. 2. Drainage Improvements on Elbel and Northcliffe are on hold due to funding. WATER AND SEWER CAPITAL PROJECTS 1. East Live Oak 1.5 Million Gallon Elevated Storage Tank. This Project is complete. 2. Northcliffe 1.0 Million Gallon Elevated Storage Tank. This Project is complete. 3. Northcliffe Water Plant and 1.0 Million Gallon Ground Storage Tank. This Project is complete except for grassing and final punch list.. 4. Loop Feed Water Line. This Project is complete. 5. East Live Oak Water Plant Improvements and 7.5 Million Gallon Ground Storage Tank. The contractor, Central Road and Utility has been on site for two months. The yard piping is approximately 60% complete and foundation prep for the tank has begun. This project will run through September 200 9. City Council Memorandum Page 3 6. Town Creek Sewer – Phase I. This project is the gravity trunk main from IH 35 to CCMA facility. This project is complete. 7. Town Creek Sewer – Phase II. This project is under design and consists of the two lift stations and force mains that connect the West side of IH 35 to the gravity trunk main constructed in Phase I. 95% plans are complete and under review. Easements are being acquired and as soon as acquisition is complete the project will go out for bid. This project should bid in late April 2009. 8. Town Creek Sewer – Phase III. This project, also known as the FM 482 Gravity Sewer, is in design and 70% plans are being reviewed. Easement requirements have been determined and legal descriptions are being prepared. This project should bid in late summer 2009. 9. Water and Sewer Relocates for FM 3009. This project involves relocation of water lines, sewer lines and a lift station to accommodate the railroad overpasses to be constructed by TxDOT on FM 3009. 95% plans are due this week. Easements are being acquired and the project should be bid in early March. 10. Westchester Road Extension. The contractor, R.L. Jones has completed the utility relocates, the drainage system installation, curbing and driveways. Paving should be complete during the week of February 16, 2009. BUILDING CONSTRUCTION 1. New Library Facility. To be added. 2. New Recreation Facility. To be added. 3. City Hall Renovations. To be added. 4. Visitors Welcome Center. To be added. 5. Northcliffe Recreation Center. To be added. 6. Pickrell Park Pavilion Renovations. To be added.