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.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

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 and Master Thoroughfare 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.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

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 City Charter.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

The provisions of this UDC apply to all property within the corporate limits of the City and in the Extraterritorial Jurisdiction (ETJ) as listed in part B below.

A.

Jurisdiction within City Limits. The City has the statutory authority to exercise a broad range of powers within its City limits. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code, as amended (LGC). All provisions of this UDC apply within the City limits.

B.

Jurisdiction within Extraterritorial Jurisdiction. The City extends to its ETJ the regulation of subdivisions and property development adopted under LGC Chapter 212. The City also extends to its ETJ its authority to regulate signage as adopted under LGC Chapters 216, 245, and 43 in its ETJ.

The following Articles of this UDC apply within the ETJ:

1.

Article 1 - General Provisions

2.

Article 3 - Boards and Commissions

3.

Article 4 - Procedures and Applications

4.

Article 9 - Sec. 21.9.10 Parkland and Open Space Dedication Requirements

5.

Article 9 - Sec. 21.9.11 Lighting and Glare Standards

6.

Article 11 - Signs and Advertising Devices

7.

Article 13 - Land Disturbing Activities

8.

Article 14 - Transportation

9.

Article 15 - Easements and Utilities

10.

Article 16 - Definitions

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

This UDC is intended to implement the policies and objectives contained in the Comprehensive Land Plan and Master Thoroughfare Plan for the City and provide for adequate and necessary public facilities and service.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

A.

Introduction. LGC Chapter 245 - Issuance of Local Permits, commonly referred to as the State's "Vested Rights Law", provides an opportunity for landowners or developers to "grandfather" or "vest" government regulations that apply to development at the time of the filing of a permit application. The City has established in this section an administrative procedure for consideration of any claim of a vested right.

B.

Definitions. The following terms shall have the meaning hereinafter ascribed to them under this section:

"LGC" means the Texas Local Government Code.

"Project" means an endeavor over which the City (a regulatory agency, as defined by LGC Chapter 245) exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor.

"Permit" means a license, certificate, approval, registration, consent, permit, contract, or other agreement for construction related to, or provisions of, service from a water or wastewater utility owned, operated, or controlled by the City, or other form of authorization required by law, rule, regulation, order or ordinance that a person must obtain to perform an action or initiate, continue, or complete a Project for which the permit is sought (i.e. master plan, preliminary plat or final plat).

C.

Administrative Procedure for Consideration of Claim of Vested Rights. Any property owner claiming vested rights under Chapter 245 of the LGC, or other applicable vesting law, shall submit a letter explaining in sufficient detail the basis upon which the property owner is claiming vesting and, consequently, is exempt from or not subject to a particular current regulation, ordinance, rule, expiration date, or other requirement. Such written submission shall include, at a minimum, the following:

1.

The name, mailing address, and telephone number of the property owner (or the property owner's duly authorized agent);

2.

Identification of the property, including the address (if it exists) and the plat reference (if it exists) or metes and bounds (if not platted), for which the property owner claims a vested right;

3.

Provide Project name, type of Permit and date the Permit was filed;

4.

If a property owner claims that certain regulations do not apply to the Project, the property owner must identify, with particularity, all requirements that the property owner claims do not apply; and

5.

Attach all supporting documents, if any.

The letter should be addressed to the Planning and Community Development Department - Planning Division.

D.

Vested Rights Determination. The Planning Division will review the request and supporting documents and issue a final administrative determination of whether a vested right exists in relation to the Project, and shall identify in writing to the property owner all claims for which vested rights have been granted (the "Vested Rights Determination").

E.

Appeal of Vested Right's Determination. If the property owner believes that the Vested Rights Determination is in error, the property owner shall have the right to appeal such Vested Rights Determination to the City Council, which will have jurisdiction to hear and decide the appeal pursuant to the UDC and LGC Chapter 245- Municipal Zoning Authority.

F.

Recognition of Vested Rights.

1.

A property owner's original permit application expires on or after the 45th day after the date the application is filed if:

a.

the property owner fails to provide documents or other information necessary to comply with the City's technical requirements relating to the form and content of the permit application;

b.

the City provides to the property owner, not later than the 10th business day after the date the application is filed, written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and

c.

the property owner fails to provide the specified documents or other information within the time provided in the written notice.

2.

Basis for Vested Rights. Only a Project which was in progress (as defined by LGC Section 245.003) or for which a Permit application was filed after September 1, 1997 may be eligible to claim vested rights; any Project for which the Permit application was filed prior September 1, 1997, or has expired, is not eligible.

Vested rights do not begin to accrue until the filing of an original application or Master Development Plan or plat application that gives the City fair notice of the project to which the permit applies and the nature of the permit sought.

3.

A Project will expire in five (5) years from the date the first Permit application was filed for the Project with City if progress, as defined in LGC Section 245.005, has not been made towards completion of the Project. An expired Project is considered dormant, vested rights lapse and the Project must comply with all current ordinances and requirements.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

A.

If the City requires as a condition of approval for a property development project that the property owner bear a portion of the costs of municipal infrastructure improvements through dedication of property to the City, the payment of impact fees, the payment of construction costs, or the payment of other infrastructure related costs authorized by applicable law, the property owner's portion of the costs may not generally exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by the City Engineer.

B.

A property owner who disputes the determination made by the City Engineer under Subsection A. above must appeal to the City Council in accordance with UDC, Sec. 21.4.14 Appeals, or the City Engineer's determination is final. At the appeal, the property owner 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 as to the appeal within thirty (30) days after the final submission of any testimony or evidence by the property owner.

C.

A property owner may appeal the determination of the City Council to a county or district court of the county in which the development is located within thirty (30) days after the final determination by the City Council.

D.

The City may not require a property owner to waive the right of appeal authorized by this section as a condition of approval for a development project.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

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 any project or facility in violation of any detailed statement of specification or 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 upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the appropriate legal maximum as determined by statute. 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.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

The issuance or granting in error of a permit or approval of plans or plats, site designs, or specifications shall not be construed to be a permit for, or an approval of, a 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.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017)

The Development Manual is prepared by the City of Schertz Planning and Community Development Department - Planning Division and is hereby adopted by reference as if set forth in full. The Development Manual shall contain application forms, required application materials, fees, and application submittal deadlines. The Development Manual may be amended by the City Manager or his/her designee from time to time. A copy of the current Development Manual shall be posted to the City's website. Any amendment to the Development Manual shall be published to the City's website within 30 calendar days from when the amendment is made in accordance with LGC Section 212.0081 or its successor statute.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017; Ord. No. 24-S-14, § 1(Exh. A), 4-16-2024)

The Public Works Specification Manual prepared by the City of Schertz Public Works Division is hereby adopted by reference as if set forth in full. The Public Works Specification Manual shall contain specifications necessary to complete public projects. The Public Works Specification Manual may be adopted and updated from time to time by ordinance approved by the City Council. In accordance with LGC Section 212.002 & .0021 a public hearing is required and notice of the public hearing shall be published in a newspaper of general circulation in the city.

(Ord. No. 17-S-39, § 1(Exh. A), 10-24-2017; Ord. No. 24-S-14, § 1(Exh. A), 4-16-2024)