A.

Source of Authority. Authority under this UDC shall be vested in and delegated to the officials and decision-makers designated in this Article 3, under the City Charter, the Constitution and other laws of the State and the City's Code of Ordinances. 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 Charter, the Constitution or other laws of the State or the Code or Ordinances 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.

Authority Granted. The City Council, Planning and Zoning Commission, Board of Adjustment, Parks and Recreation Advisory Board, Historic Preservation Committee, Transportation Safety Advisory Commission and Building and Standards Commission have the powers and authority as granted by State law, the City Charter and the Code of Ordinances to initiate, undertake, and decide matters as identified in this UDC.

(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017)

A.

Duties and Approval Authority. In addition to other rights of approval, the City Council shall render final decisions pertaining to applications for development on the following applications:

1.

amendment to the Comprehensive Land Plan;

2.

establish or amend a zoning district map classification, including creation or amendment of an overlay district;

3.

amendment to the UDC;

4.

annexation;

5.

a Development Agreement within the City's corporate boundaries and in the City's ETJ;

6.

rezoning requests including applications for a Specific Use Permit;

7.

Historic Landmark or District Designation;

8.

an a appeal of a vested rights determination; and

9.

an appeal of the decision of any City Board, Commission or Committee, except the Board of Adjustment and Building and Standards Commission or as expressly provided for in this UDC or the Local Government Code.

(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017)

A.

Structure of the Commission. The Planning and Zoning Commission is established in accordance with the City Charter and Commission members are appointed by the City Council.

B.

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.

amendment to the Comprehensive Land Plan;

b.

establish or amend a zoning district map classification, including creation or amendment of an overlay district;

c.

rezoning requests including an application for a Specific Use Permit.

d.

amendment to the UDC; and

e.

a Development Agreement as set forth in the LGC and this UDC;

2.

The Planning and Zoning Commission shall have final approval authority on the following applications:

a.

Subdivision Master Plan, if forwarded by the City Manager or his/her designee;

b.

Site Plan; if forwarded by the City Manager or his/her designee;

c.

preliminary plat; if forwarded by the City Manager or his/her designee;

d.

final plat; if forwarded by the City Manager or his/her designee;

e.

amending plat; if forwarded by the City Manager or his/her designee;

f.

minor plat; if forwarded by the City Manager or his/her designee;

g.

replat; if forwarded by the City Manager or his/her designee;

h.

waivers relating to Article 11, Signs and Advertising Devices; and

i.

waivers relating to Article 12, Subdivisions.

3.

The Planning and Zoning Commission shall have the authority to make final determinations relating to appeals of staff determinations on the following items:

a.

Required Conditions for Home Occupations and denial of a Home Occupation permit.

b.

Site Design Standards including Tree Preservation & Mitigation, Revisions to Approved Site Plans.

c.

Signs & Advertising Devices including general requirements, removal of signs.

d.

Additional Design Requirements including off street parking, building setback lines, and landscape buffers.

e.

An appeal of a driveway waiver determination.

(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 23-S-29, § 1(Exh. A), 12-5-2023; Ord. No. 25-S-024, Exh. A, 6-17-2025)

A.

Structure and Procedure of the Board of Adjustment.

1.

Composition and Procedures.

a.

The Board of Adjustment (BOA) is established in accordance with the City Charter and provision of Chapter 211 of the Texas Local Government Code (LGC). The Board members are appointed by the City Council. Each case before the BOA must be heard by at least 75 percent of the members.

2.

Vote Required for Decisions.

a.

The concurring vote of four (4) of the five (5) members of the BOA is necessary to:

i.

reverse an order, requirement, decision or determination of an administrative official; or

ii.

authorize a variation from the terms of a zoning regulation.

B.

Duties and Approval Authority. The BOA shall have the following duties:

1.

The BOA shall 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, with respect to zoning and zoning related decisions.

a.

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.

2.

The BOA may authorize, in specific cases, a variance from this UDC in relation to zoning related items, unless specified otherwise, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC or an ordinance adopted hereunder would result in unnecessary hardship, and so that the spirit of this UDC or an ordinance adopted hereunder is observed and substantial justice 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. 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.

(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017)

A.

Authority Granted. The City Manager or his/her designees shall have such powers and authority as granted by State law, the City Charter, 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 City Manager or his/her designee shall have the authority to review and make a recommendation to the appropriate approval body on the following applications:

a.

amendment to the Comprehensive Land Plan;

b.

establish or amend a zoning district map classification, including creation or amendment of an overlay district;

c.

rezoning requests including an applications for a Specific Use Permit;

d.

amendment of this UDC;

e.

annexation;

f.

a Development Agreement within the City's corporate boundaries and in the City's ETJ;

g.

Historic Landmark or District Designation;

h.

an appeal of the decision of any City Board, Commission, Committee or staff as authorized by this UDC;

i.

Subdivision Master Plan;

j.

subdivision plats, when forwarded to the Planning and Zoning Commission by the City Manager or his/her designee for approval;

k.

a variance, appeal or other application to be considered by the BOA;

l.

an interpretation, appeal or other application to be considered by the Building and Standards Commission; and

m.

an interpretation, waiver, appeal or other application to be considered by the Planning & Zoning Commission.

2.

The City Manager or his/her designee shall have approval authority on the following applications:

a.

a preliminary plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval;

b.

a final plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval;

c.

a replat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval;

d.

a minor plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval;

e.

an amending plat, as authorized by this UDC, and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval;

f.

a Certificate of Determination, as authorized by this UDC and LGC Section 212.0115. However, the City Manager or his/her designee may forward the request to the Planning and Zoning Commission for determination;

g.

a site plan, as authorized by this UDC. However, the City Manager or his/her designee may forward a site plan to the Planning and Zoning Commission for approval; and

h.

other applications as authorized by this UDC.

(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 23-S-29, § 1(Exh. A), 12-5-2023)

A.

Parks and Recreation Advisory Board.

1.

Structure of the Parks Board. The structure of the Parks Board shall be as set forth by the City Council in establishing the Parks Board.

2.

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.

parks and recreation improvements and amenities included with any parkland dedication; and

b.

creation, amendment or updates to the Parks and Open Space Master Plan of the City.

B.

Historic Preservation Committee.

1.

Structure of the Historic Committee. The structure of the Historic Committee shall be as set forth by the City Council in establishing the Historic Committee.

2.

Duties and Approval Authority. The Historic Committee shall have those duties and approval authority as set forth by the City Council in establishing the Historic Committee.

C.

Transportation Safety Advisory Commission.

1.

Structure of the Transportation Safety Advisory Commission (TSAC). The structure of the TSAC shall be as set forth by the City Council in establishing the TSAC.

2.

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 may include, but are not limited to, the following duties:

a.

coordinate and communicate with the various Boards, Commissions, Committees and the City Council on matters related to transportation safety;

b.

develop safety materials to be used for promotional activities;

c.

develop research materials needed for promotion of transportation safety;

d.

develop a transportation safety plan for the City;

e.

review proposed transportation and traffic ordinances and make recommendations to the City Council; and

f.

participate in fact finding trips, conferences, and seminars related to transportation and traffic safety.

D.

Buildings and Standards Commission.

1.

Structure and Procedure of the Building and Standards Commission Composition and Procedures:

a.

The Building and Standards Commission is established in accordance with the provision of Chapter 54 of the LGC. Each case before the Building and Standards Commission must be heard by a majority of the members.

b.

The City Council will appoint a commission comprised of five (5) members and two (2) alternates who are residents of the City, one from each of the following professions or disciplines:

i.

Registered design professional with architectural experience or a builder or superintendent of building construction;

ii.

Registered design professional with structural engineering experiences;

iii.

Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor or plumbing contractor;

iv.

Registered design professional with electrical engineering experience or an electrical contractor; and

v.

Registered design professional with fire protection engineering experience or a fire protection contractor.

c.

Registered Design Professional is defined as an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state of Texas.

d.

If a resident with the above criteria cannot be found then the City Council may appoint another resident of their choosing to the Commission.

2.

Duties and Approval Authority. The Building and Standards Commission shall have the following duties:

a.

The Building and Standards Commission has the authority to enforce the enumerated health and safety ordinances as authorized by Chapter 54 LGC, subchapter C, as amended. Specifically the Commission hears cases relative to ordinance violations:

i.

for the preservation of public safety, relating to the materials or methods used to construct a building of improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;

ii.

relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location design, or width of entrances or exits;

iii.

relating to dangerously damaged or deteriorated building or improvements;

iv.

relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; and

v.

relating to a building code or to the condition, use, or appearance of property in the City of Schertz.

b.

The Building and Standards Commission shall have the authority to do the following items per LGC Sec. 54.036

i.

order the repair, within a fixed period, of buildings found to be in violation of an ordinance;

ii.

require the demolition of a structure found to be a public nuisance;

iii.

declare a building substandard in accordance with the powers granted by LGC Chapter 54 Subsection C;

iv.

order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;

v.

issue orders or directives to any peace office or the state, including a sheriff or constable or the chief of police in the City of Schertz, to enforce and carry out the lawful orders or directives of the commission; and

vi.

determine the amount and duration of the civil penalty the municipality may recover as provided by LGC Section 54.017.

c.

The Building and Standards Commission has the authority to hear appeals to a decision from the fire chief, fire marshal, or the building official related

i.

the use of alternate materials and construction methods; or

ii.

interpretations of the fire code or building codes as adopted by the City of Schertz, including but not limited to, granting exceptions to those codes in order to make a reasonable accommodation for a disabled person or group as defined by the Fair Housing Amendment Act.

d.

The Building and Standards Commission has the authority to make a determination as to whether an alternative construction material or construction method equally meets the applicable code's standards, especially considering the alternative's adequacy, stability, strength, sanitation, and safety for the public's health and welfare. Any request to use an alternative construction material or construction method may be approved by the commission if and only if the commission determines that the alternative construction material or construction method equally meets the applicable codes and standards especially considering the alternative's adequacy, stability, strength, sanitation and safety for the public's health and welfare. Façade materials are exempt from this section.

e.

The Building and Standards Commission has the authority to reverse a decision of the fire chief, fire marshal or the building official only by concurring vote of at least four commission members.

f.

The Building and Standards Commission also has the following responsibilities:

i.

to evaluate proposed amendments to the fire and building codes, and make recommendations to the City Council regarding such amendments;

ii.

to hear from any person requesting a change to the fire and building codes as adopted by the city;

iii.

to act as an advisor to the Fire Chief, Building Official; and

iv.

to manage any additional duties, powers, and responsibilities assigned by the City Council in compliance with the City Charter and laws of the State of Texas.

(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017)