The zoning regulations and districts contained in this Article are established in accordance with the adopted Comprehensive Land Plan and as authorized by Local Government Code (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.

The City is hereby geographically divided into zoning districts and the boundaries of those districts herein are delineated upon the Official Zoning Map of the City. The use and dimensional regulations as set out in this Article are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive Land Plan and Master Thoroughfare Plan. The districts established shall be known as follows:

(Ord. No. 13-S-22, § 1, 7-16-2013; Ord. No. 14-S-47, § 1, 11-18-2014; Ord. No. 23-S-07, § 1(Exh. A), 3-14-2023; Ord. No. 24-S-01, § 1(Exh. A), 2-20-2024; Ord. No. 24-S-156, Exh. A, 10-15-2024)

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 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.

A.

Applicability.

1.

The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee, or by application from a property owner, establish or amend the boundaries shown on the Official Zoning Map of the City. A zoning change is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable and desirable development within the City.

2.

Approval of a zoning change authorizes a property owner to submit subsequent development applications consistent with the amendment.

B.

Application Requirements.

1.

Application Required. Any request for a zoning change shall be accompanied by an application and zoning exhibit prepared in accordance with the Development Manual.

2.

Accompanying Applications. A request for a zoning change may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change shall require all subsequent development applications to be consistent with the approved amendments.

3.

Tax Certificate Required. All applications made as a request for a zoning change shall be accompanied by a copy of a Tax Certificate.

C.

Processing of Application and Decision.

1.

Submittal. An application for a zoning change shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration.

2.

Notification Requirements. An application for a zoning change requires the following notification in accordance with section 21.4.3:

a.

written notice prior to consideration by the Planning and Zoning Commission; and

b.

published notice prior to consideration by the City Council.

c.

posted notice prior to consideration by the Planning and Zoning Commission and prior to consideration by the City Council.

3.

Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed zoning change to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the zoning change. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council.

4.

Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed zoning change and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the zoning change. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

5.

Consideration of a Previously Denied Zoning Change. A request for a zoning change for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within six (6) months after the Council's decision to deny the request unless the request is to a different zoning classification or there has been a substantial change in the conditions surrounding the parcel since the initial request. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his/her designee shall have the authority to determine whether the request is substantially different from the initial request.

D.

Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a zoning change, should consider the following criteria:

1.

Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans;

2.

Whether the proposed zoning change promotes the health, safety, and general welfare of the City.

3.

Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area;

4.

Whether other factors are deemed relevant and important in the consideration of the amendment.

E.

Protests.

1.

If a proposed zoning change is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). The protest must be written and signed by the owners of at least twenty percent (20%) of either:

a.

The area of the lots or land covered by the proposed zoning change; or

b.

The area of the lots or land immediately adjoining the area covered by the proposed zoning change and extending 200 feet from that area.

2.

In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys shall be included.

3.

In determining property ownership under section 21.5.4.E.1 above, the property owner shall be the owner as indicated on the most recently approved municipal tax roll, unless the property has been bought or sold since the last approved municipal tax roll. The City Manager or his/her designee determines property ownership in the above-mentioned municipal tax roll from the County Appraisal District.

a.

If a property has recently been purchased and the County Appraisal District has not updated their public records to reflect the now current property owner, the new property owner must submit proof of ownership with their written protest to demonstrate ownership for the protest to be counted under section 21.5.4.E.1.

b.

In the event of a conflict in property ownership, the City Manager or his/her designee shall determine who the owner of the property is for the purposes of calculating written protest.

c.

The written protest will only be counted if signed by the owner of the property. Written protests from tenants or lessees will not be counted toward the written protest calculations under section 21.5.4.E.1.

4.

The following deadline applies to the receipt and calculation of written protest:

a.

Written protest must be received before noon (12pm) on the Friday before the consideration of the proposed zoning change ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1.

b.

In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday before the City Council reading, the deadline will be extended to noon (12pm) on the next business day.

(Ord. No. 17-S-42, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-S-78, § 1(Exh. A), 11-14-2023; Ord. No. 24-S-155, Exh. B, 10-22-2024; Ord. No. 25-S-012, Exh. A, 4-1-2025)

A.

Predevelopment District (PRE). Intended for use for undeveloped land in the City or as a temporary designation for existing uses for newly annexed property. This zoning is also suitable for areas where development is premature due to lack of utilities, capacity or service and for areas that are unsuitable for development because of physical constraints or potential health or safety hazards. No improvements, construction or structures may be undertaken without obtaining a building permit and no occupancy of such improvements and structures without obtaining a certificate of occupancy.

B.

Single-Family Residential District (R-1). Comprised of single-family detached residential dwellings on a minimum lot size of 9,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units.

C.

Single-Family Residential District (R-2). Comprised of single-family detached residential dwellings with a minimum lot size of 8,400 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units.

D.

Two-Family Residential District (R-3). Comprised of two (2) single-family attached residential dwellings with a minimum lot size of 9,000 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units.

E.

Apartment/Multi-Family Residential District (R-4). Intended to provide denser apartment and multi-family style developments. This district is a suitable transition between single-family districts and commercial uses. However, Apartment/Multi-Family Residential Districts (R-4) shall not be located in areas where they would increase traffic with access through single-family neighborhoods and shall be located adjacent to arterial streets. The maximum density shall be thirty-five (35) units per acre. Twenty percent (20%) of the total platted area shall be provided as common, usable open space.

F.

Middle Density Residential District (R-5). Intended to provide developments that offer a variety of housing types. This district is a suitable transition between single-family residential and commercial and/or denser multi-family developments. Comprised of attached or detached residential dwelling units.

1.

When tracts in this district are one (1) acre or less, density shall not exceed sixteen (16) units per gross acre and these tracts will be required to adhere to the single-family site design requirements in Article 9 - Site Design Standards

2.

When tracts exceed one (1) acre, density shall not exceed twelve (12) units per gross acre and these tracts will be required to adhere to the multi-family site design requirements in Article 9 - Site Design Standards and provide ten percent (10%) of the total platted area as common, usable open space.

G.

Single-Family Residential District (R-6). Comprised of single-family detached residential dwellings that are on a minimum lot size of 7,200 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This district is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. The maximum size tract that can be zoned R-6 is 30 acres.

H.

Single-Family Residential District (R-7). Comprised of single-family detached residential dwellings on a minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This district is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. The maximum size tract that can be zoned R-7 is 40 acres.

I.

Single-Family Residential/Agricultural District (RA). Intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one-half acre). This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards.

J.

Garden Homes Residential District (GH). Comprised of single-family detached residential dwellings on a minimum lot size of 5,000 square feet together with the schools, churches, and parks necessary to create basic neighborhood units. This District allows the main structure to be constructed coincident with one (1) of the side property lines, and requires only one (1) side yard setback in order to maximize lot usage and yet maintain a neighborhood character consistent with conventional single-family detached homes.

No area shall be designated GH that contains less than five (5) adjoining lots on a street. Zero lot line homes shall have no windows on the side of the house, which abuts the property line. Entire frontage of one (1) side of the street in the block must be included in the GH designation. Exception may be made where an alley breaks the block on that side of the street. Homes will be uniformly located on the same side of the lot within a street block.

K.

Townhome District (TH). Comprised of an attached residential dwelling unit in structures built to accommodate three (3) to six (6) units per structure. Density shall not exceed twelve (12) units per gross acre. Townhome units shall be constructed on a single lot, or on adjacent individual lots. Individual ownership of the townhome units is encouraged. Minimum lot area shall not be less than 2,500 square feet per dwelling unit. Ten percent (10%) of the total platted area shall be provided as common, usable open space. This District should not be located in areas where it would increase traffic through single-family neighborhoods and should be adjacent to arterial streets with sufficient capacity to carry the increased traffic generated.

L.

Manufactured Home Subdivision District (MHS). Intended to recognize that certain areas of the City are suitable for a mixture of single-family dwelling units and HUD-Code manufactured homes, to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single-family residences, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation and/or subdivision of any lot, tract or parcel of land used for the placement of manufactured homes. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility in housing types between manufactured home subdivisions and surrounding single family residential subdivisions and recognizing their inherent differences.

M.

Manufactured Home Park District (MHP). Intended to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation of tracts of land used for the placement of multiple manufactured homes on a single lot, tract or parcel of land and utilized for rent or lease. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility between manufactured home parks and surrounding properties and recognizing the inherent differences in housing types between manufactured home parks and other residential districts.

N.

Agricultural District (AD). Intended to provide as a base zoning district in areas designated as agricultural conservation on the North and South Schertz Framework Plans. Residences in this District are intended to be on a minimum lot size of 217,800 square feet (five acres). Clustering of up to two homes may be allowed on the same lot subject to setback requirements. This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards.

O.

Main Street Mixed-Use District (MSMU). Intended to provide a base zoning district in the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for single-family and multi-family residential uses, and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical restraints.

P.

Main Street Mixed-Use New Development District (MSMU-ND). Intended to provide a base zoning district in the area along Main Street, specifically for new development of existing properties. This district is intended to mirror The Main Street Mixed-Use District (MSMU), allowing for single-family and multi-family residential uses, and low intensity commercial uses. Reduced setbacks, parking requirements, along with reduced landscape buffers are provided as part of this district due to physical restraints of the existing properties.

(Ord. No. 13-S-22, § 2, 7-16-2013; Ord. No. 14-S-47, § 2, 11-18-2014; Ord. No. 21-S-26, § 1(Exh. A), 7-6-2021; Ord. No. 23-S-07, § 1(Exh. A), 3-14-2023; Ord. No. 24-S-01, § 1(Exh. A), 2-20-2024; Ord. No. 24-S-156, Exh. A, 10-15-2024)

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 (1) to three (3) 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 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, 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 high-level 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.

(Ord. No. 24-S-01, § 1(Exh. A), 2-20-2024)

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.

B.

Additional Dimensional and Development Standards.

1.

All lots developed for residential purposes shall comply with the lot area, minimum setbacks and height requirements established in table 21.5.7A for the zoning district(s) in which the lot(s) is/are located. All lots developed for allowed non-residential purposes, within residential zoning districts, shall comply with lot, area and height requirements established in table 21.5.7A for the zoning district(s) in which the lot(s) is/are located.

2.

All lots developed for non-residential purposes shall comply with lot, area, minimum setbacks, and maximum height requirements established for the zoning district(s) in which the lot(s) is located, as established in table 21.5.7B.

3.

All lots shall have at least the minimum area, width and depth as indicated in the tables 21.5.7A and 21.5.7B in this section.

4.

Platted subdivisions established by a duly approved plat filed prior to adoption of this UDC shall be exempt from meeting any new lot width, depth, and/or square footage requirements.

5.

No lot existing at the time of passage of this UDC shall be reduced in size below the minimum area requirements set forth in tables 21.5.7A and 21.5.7B.

6.

Minimum lot size requirements shall not apply to previously platted lots that are annexed into the City, but shall apply in the event of a vacation and replat of such property. All other requirements of this UDC shall nevertheless apply.

7.

No portion of any building on a residential lot may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in table 21.5.7A set forth in this section unless otherwise listed below:

a.

Where the frontage on one (1) side of a street is divided by two (2) or more zoning districts, the front yard setback shall comply with the requirements of most restrictive district for the entire frontage between the nearest intersecting streets.

b.

Where the building setback line has been established by plat and exceeds the requirements of this UDC, the more restrictive setback line shall apply.

c.

The front yard setback shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard, not to exceed two (2) feet.

d.

Side Yards: Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed twenty-four (24) inches into the required side yard.

e.

Rear Yards: Every part of a required rear yard shall be open and unobstructed, except for accessory buildings, uses and structures as permitted and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed twenty-four (24) inches into the required rear yard.

f.

Where lots have double frontage, running from one street to another, a required front yard setback shall be provided on both streets.

g.

Mixed Use Building: In a building serving dwelling and other uses, in any district, the height and area regulations applicable to non-residential buildings shall apply.

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.

8.

Middle Density District (R-5) developments may have unique designs and dimensions. Due to this, the following additional standards apply. These standards pertain to the side building separation space with the intent for fire safety:

a.

When HVAC units are not within the building separation space the minimum separation is ten (10) feet.

b.

When HVAC units are within the building separation space, or either structure is above one story, the minimum separation is fifteen (15) feet.

c.

HVAC units shall be on opposite sides of buildings.

d.

These additional standards are not required if fire suppression systems are installed within the buildings.

(Ord. No. 13-S-22, § 3, 7-16-2013; Ord. No. 14-S-47, § 3, 11-18-2014; Ord. No. 21-S-26, § 1(Exh. A), 7-6-2021; Ord. No. 24-S-01, § 1(Exh. A), 2-20-2024; Ord. No. 24-S-15, § 1(Exh. A), 4-16-2024; Ord. No. 24-S-156, Exh. A, 10-15-2024)

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:

Table 21.5.8 Permitted Uses—Uses by Alphabetical Order

C.

New and Unlisted Uses.

1.

It is recognized that new or unlisted types of land use may seek to locate in the City. In order to provide for such contingencies, a determination of any new or unlisted form of land use shall be made in accordance with this section.

2.

For uses in which an applicant requests a Specific Use Permit, the City Manager or his/her designee shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC.

3.

It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the UDC in accordance with section 21.4.7 of this UDC.

D.

Limited Uses.

1.

Tattoo Parlors/Studios in the Main Street Mixed Use District and the Main Street Mixed Use—New Development District shall have the following limited uses:

a.

No tattoo studio shall be within 900 feet of another tattoo studio (property line to property line).

(Ord. No. 13-S-22, § 4, 7-16-2013; Ord. No. 14-S-47, § 4, 11-18-2014; Ord. No. 20-S-29, § 1(Exh. A), 10-27-2020; Ord. No. 21-S-26, § 1(Exh. A), 7-6-2021; Ord. No. 21-S-44, § 1(Exh. A), 10-26-2021; Ord. No. 23-S-13, § 1(Exh. A), 8-1-2023; Ord. No. 24-S-01, § 1(Exh. A), 2-20-2024; Ord. No. 24-S-16, § 1(Exh. A), 4-16-2024; Ord. No. 24-S-156, Exh. A, 10-15-2024)

A.

Air Installation Compatible Use Zone District (AICUZ).

1.

Established to provide control on encroachment around a military airfield, encroachment that could destroy the harmonious relationship existing between the local community and a military airfield. This could eventually lead to the removal of the airfield, which would affect the economy of the area. Restrictions established in accordance with suggested guidelines and studies published by the military will control the development, construction and density of the area. The area is subject to high frequency of noise from aircraft and is at high risk to potential aircraft accidents. All uses and regulations contained within the AICUZ shall be in accordance with the AICUZ study and regulations published by Randolph Air Force Base.

2.

A request for development that is not a permitted use by the AICUZ Study, as adopted by the City, or a request for zoning change for property located within the AICUZ requires written notification to Randolph Air Force Base (RAFB) of the proposed development, type occupancy, occupant load, hours of operation, and any special conditions of the project that may include noise, dust, smoke emissions, etc., and any proposed request for a zone change within the AICUZ, with applicable reference the Standard Land Use Code Manual (SLUCM) as adopted in the AICUZ Study. An acknowledgment from RAFB will be requested on the proposed development within 60 days. RAFB may conclude that the proposed development or zoning change should be permitted. Unless RAFB affirmatively recommends to the City that the proposed development or zoning change in the AICUZ be permitted, the development or zoning change will not be approved by the City. Failure on the part of RAFB to respond within 60 days will be deemed to be disapproval.

B.

Planned Development District (PDD). A contiguous land area of a minimum size, as specified by this UDC and this Article, to be planned and developed using a common master zoning plan, and containing one or more uses and appurtenant common areas.

C.

Reserved.

(Ord. No. 13-S-22, § 5, 7-16-2013; Ord. No. 24-S-154, Exh. A, 10-22-2024)

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 Development Manual.

2.

Accompanying Applications. 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 City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration.

2.

Notification requirements. An application for a 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 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 thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council.

4.

Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a 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 certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

D.

Development Standards.

1.

Development standards for each PDD shall be set forth in an 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 UDC (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 UDC 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 granting ordinance, appropriate plans and standards for each PDD. During the review and public hearing process a development plan (or detailed master 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 conceptual plan may be authorized by the City Manager or his/her designee. 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 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 taxes are paid in full); and,

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 City Manager or his/her designee 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 (10%) 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 (5%); and

4.

Changes in parking layouts as long as the number of required spaces and general original design are maintained.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018)

A.

Applicability. Specific Use Permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. These uses and the districts where they may be located are listed in Table 21.5.8. Certain uses located within the AICUZ zone require an SUP. Approval of a Specific Use Permit authorizes a property owner to submit subsequent development applications consistent with the approved SUP.

B.

Application Requirements.

1.

Application Required. Any request for a Specific Use Permit (SUP) shall be accompanied by an application and SUP exhibit prepared in accordance with the Development Manual.

2.

Tax Certificate Required. All applications made as a request for a Specific Use Permit shall be accompanied by a copy of a Tax Certificate.

C.

Processing of Application and Decision.

1.

Submittal. An application for a Specific Use Permit shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration.

2.

Notification requirements. An application for a Specific Use Permit requires the following notification in accordance with section 21.4.3:

a.

Written notice prior to consideration by the Planning and Zoning Commission; and

b.

Published notice prior to consideration by the City Council.

3.

Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed Specific Use Permit to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the SUP. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council.

4.

Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed Specific Use Permit and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the SUP. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

D.

Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, In considering final action on a Specific Use Permit, should consider the following criteria:

1.

The proposed use at the specified location is consistent with the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans.

2.

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

3.

The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods.

4.

The proposed use will not adversely affect the overall health, safety or general welfare of the City;

5.

Whether other factors are deemed relevant and important in the consideration of the Specific Use Permit.

E.

Conditions. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action, may require such modifications in the proposed use and attach such conditions to the Specific Use Permit as deemed necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions and modifications may include but are not limited to limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit, hours of operation, and requiring a site layout.

F.

Expiration of Specific Use Permit. A Specific Use Permit shall expire if any of the following occurs:

1.

A building permit, if necessary, for the use has not been approved within two (2) years after the approval of the SUP;

2.

A building permit approved as a result of the approval of the SUP expires within two (2) years after the approval of the SUP;

3.

The use has been abandoned or discontinued for a period of time exceeding six (6) months; or

4.

The SUP expires in accordance with its terms.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-S-07, § 1(Exh. A), 3-14-2023; Ord. No. 24-S-155, Exh. B, 10-22-2024)

Editor's note— Ord. No. 24-S-01, § 1(Exh. A), repealed § 21.5.12 which pertained to the Agricultural Conservation Planned Development District (ACPDD) and derived from Ord. No. 13-S-22, adopted July 16, 2013; and Ord. No. 18-S-04, adopted January 23, 2018.

A.

Intent and Purpose.

1.

The Estate Neighborhood (EN) District is intended to provide an alternative development option that supports the sustainable development goals of Schertz, protects open space and natural resources, and retains the predominantly rural character in the areas designated as Estate Neighborhood on the South Schertz Framework Plan. It shall be the alternative option to the RA zoning district.

2.

The purposes of the EN District are:

a.

To implement the goals of the Schertz Comprehensive Plan and Framework Plans for areas already zoned for ½ acre residential lots;

b.

To allow development that balances open space preservation with development opportunities by providing a more flexible residential cluster option;

c.

To connect open space, trails, and recreation sites within the EN District and to the integrated open space and recreation system of Schertz per the Framework Plan and Parks and Open Space Plan.

e.

To allow flexibility in the placement and type of dwelling units within the subdivision;

f.

To promote the use of shared septic, drinking water and low-impact stormwater systems that prevent the degradation of water quality;

g.

To reduce the amount of new roads and to allow flexibility in road specifications for roads serving residences in the District; and

h.

To reduce the amount of impervious surfaces in subdivisions, including driveways.

B.

Definitions. The following definitions shall apply to the terms used in this Section of the UDC only. For terms not specifically defined under this subsection, Article 16, Definitions shall apply.

Active Recreation Uses: shall include playgrounds, ball fields, indoor or outdoor pool/recreation facilities, any recreational area that includes significant infrastructure or physical improvements for the purposes of active sports or organized events (such as ball fields, basketball courts, tennis courts, golf courses, and similar facilities).

Agricultural Land: Land whose primary use is devoted to agriculture as defined in Article 16.

Conservation Easement: A conservation easement is a written agreement between a landowner and the "holder" of the conservation easement under which a landowner voluntarily restricts certain uses of the property to protect its natural, productive or cultural features. The holder of the conservation easement must be a governmental entity or a qualified conservation organization. With a conservation easement, the landowner retains legal title to the property and determines the types of land uses to continue and those to restrict. As part of the arrangement, the landowner grants the holder of the conservation easement the right to periodically assess the condition of the property to ensure that it is maintained according to the terms of the legal agreement.

Designated Open Space: Open space that is designated within an ENS to be placed under a conservation easement permanently restricting future development or other similar legal mechanism.

Developable Area: All land in a proposed ENS that are not defined as undevelopable due to environmental conditions or in ordinances adopted by Schertz.

Estate Neighborhood Subdivision (ENS): Any subdivision of land per the standards in this Section of the UDC.

Gross Density: A residential density standard establishing the maximum number of dwelling units allowed to be built in an ENS based on the gross acreage of the site that includes all areas designated for streets, infrastructure, and open space.

Undevelopable Area: Those lands in a proposed ENS that are restricted from development due to environmental conditions such as steep slopes, the presence of wetlands or waterways, or are restricted from development under ordinances adopted by Schertz.

C.

Application Requirements.

1.

Application Required. Any request for an EN District shall be accompanied by an application prepared in accordance with the Development Manual.

2.

Accompanying Applications. A request for an EN District may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of an EN District 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 an EN District shall be accompanied by a copy of a Tax Certificate.

4.

Minimum EN District Size. No EN District may be established on any area less than the following in size:

a.

20 contiguous acres (under single or multiple ownership subject to joint submission);

b.

Any area that is contiguous with an existing EN District that results in a total area of at least 25 acres.

D.

Processing of Application and Decision. All applications for an EN District shall meet the standards for the Processing of Application and Decision of a PDD in Sec. 21.5.10.(C) as amended.

E.

Permitted Uses. Uses permitted by right and by special use permit in the EN District shall be the same as the ones permitted by right and Special Use Permit in the Residential/Agricultural (RA) District.

F.

Development Standards. Development in the EN District shall meet the standards in this section in addition to other standards set forth in an ordinance granting the EN District. Other development standards may include 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.

1.

Residential density. The maximum gross density established in EN District shall be 2 dwelling units per acre.

2.

Open Space Requirement.

a.

A minimum of fifty percent (50%) of the gross total acreage in the application, including developable and undevelopable land, shall be designated as open space for natural habitat, passive recreation, and/or conservation or preservation, including conservation for agricultural and forestry uses. Active recreation uses may be permitted, but the area designated for such active recreation uses shall not exceed ten percent (10%) of the total required open space. The design criteria for such open space shall be as follows:

i.

Where possible, priority shall be placed on preserving drainage corridors, creeks, steep slopes, wooded areas, view sheds, and other environmental elements that can be featured within the EN District. Where possible, designated open space shall be contiguous with existing open space uses on adjacent parcels in order to provide large expanses of open space.

ii.

Open space in EN Districts shall be physically connected, whenever possible, to the Schertz Open Space System outlined in the Schertz Parks Master Plan and North and South Schertz Framework Plans. Designated public trail systems which abut an EN District shall be connected through the subdivision.

iii.

Access shall be provided to designated active or passive recreation areas or open space or natural areas from one or more streets in the EN subdivision.

iv.

Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited.

c.

Open Space Ownership and Management. All lands and improvements in designated open space shall be established, managed and maintained in accordance with the following guidelines:

i.

Designated open space shall be surveyed and subdivided as a separate parcel or parcels.

ii.

Designated open space must be restricted from further development by a permanent conservation easement running with the land or other similar legal instrument. The permanent conservation easement must be submitted with the application for an EN District and approved by City Council.

iii.

The permanent conservation easement may be held by the following entities, but in no case may the holder of the conservation easement be the same as the owner of the underlying fee:

(a)

A common ownership association which owns other land within the subdivision and in which membership in the association by all property owners in the subdivision shall be mandatory;

(b)

An individual who will use the land in accordance with the permanent conservation easement;

(c)

City of Schertz, or other governmental agency;

(d)

A private, nonprofit organization that has been designated by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code; or

(e)

A combination of the entities in subsection (a)—(d) above.

iv.

The permanent conservation easement must specify:

(a)

what entity will maintain the designated open space.

(b)

the purposes of the conservation easement and the conservation values of the property;

(c)

the legal description of the land under the easement;

(d)

the restrictions on the use of the land;

(e)

the restriction from future development of the land;

(f)

to what standards the open space will be maintained; and

(g)

who will have access to the open space.

v.

The owner of the underlying fee shall be responsible for the payment of taxes and assessments on any designated open space parcel.

3.

Streets. Streets within the EN subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts, and minimize impervious surfaces:

a.

Street design, widths and construction shall conform to the width and standards contained in the street cross section without curb and gutters (or low speed rural cross section) and or recommended in the North and South Schertz Sector Plans.

b.

The number of local street intersections with collector and arterial roads should be minimized, however, the applicant must demonstrate that such intersections are adequate, have the capacity to handle traffic generated by the proposed project, and will not endanger the safety of the general public.

c.

If EN subdivisions abut one another or existing development, direct links should be made to emphasize the connection between existing and new development.

G.

Conceptual and Development Plan. All applications for an EN District shall meet the standards for Conceptual and Development Plan established for a PDD in Sec. 21.5.10(E) to the extent they are not in conflict with the intent or text of the EN District.

H.

Criteria for Approval. All applications for an EN District shall meet the Criteria for Approval established for a PDD in Sec. 21.5.10(F) to the extent they are not in conflict with the intent or text of the EN District.

I.

Amendments. All applications for an EN District shall meet the standards for Conceptual Amendments established for a PDD in Sec. 21.5.10(G) to the extent they are not in conflict with the intent or text of the EN District.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018)

Editor's note— Ord. No. 24-S-01, § 1(Exh. A), repealed § 21.5.14 which pertained to the Mixed Use Planned Development District (MUPDD) and derived from the original 2010 zoning ordinance.

Editor's note— Ord. No. 24-S-01, § 1(Exh. A), repealed § 21.5.15 which pertained to the Design Overlay Districts (DO) and derived from the original 2010 zoning ordinance.