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Agenda No. 11.
 
CITY COUNCIL MEMORANDUM
 
City Council Meeting: February 18, 2025
Department: Planning & Community Development
Subject: Ordinance 25-S-004 - Consider amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 11, Section 21.11.6 Prohibited Signs and Section 21.11.17 Temporary Signs (B.James/L.Wood/E.Delgado)

BACKGROUND

Background from February 4, 2025 City Council meeting: 

 At the February 4th City Council meeting staff gave a presentation on a proposed UDC Amendment for Article 11, Section 21.11.6 Prohibited Signs and Article 11, Section 21.11.17 Temporary signs. At that meeting, the proposed changes included proposing to treat feather flags as temporary signs. Feather flags would be the only type of wind driven sign allowed. Feather flags could be four feet taller (8' vs 4') but have less area (16 sq ft vs 24 sq ft). Each business/tenant could have no more than 3 temporary signs up at one time (can be all feather flags or freestanding or a combination 2 of one and 1 of the other). The total number of days they could have temporary signs up is 120 and that is cumulative. So they could have one sign up for 120 days or 3 signs up for 40 days or some combination of that. Temporary signs would be issued for 30 day increments, except that it can be shortened if they hit their maximum time. For example, they could have 3 temporary signs up for 30 days and then one sign up for 30 days. Staff also proposed a "recurring event permit" that would issued in two day increments for up to 15 times per year. The applicant must identify which 15 two day increments they want when applying for the initial permit (these can be adjusted as dates change). 

After the City Council discussion, it was ultimately decided to table the item to the February 18, 2025 City Council meeting in order for more options to be discussed. 

The following are the UDC Amendment Proposals that have previously been presented identified by City Council meeting date and new proposals identified by the February 18th City Council date. 

November 19th City Council Meeting: 

 
Article UDC Section Current UDC
Proposed Amendment
11 21.11.17. B Maximum Area Areas with Limited Access: 32 sq.ft. per face or ten percent (10%) of the building facade, whichever is less 
Areas with Unlimited Access: 24 sq.ft. per face or seven percent (7%) of the building facade, whichever is less 
All Other Streets: 16 sq.ft. per face or five percent (5%) of the building facade, whichever is less
Shall not exceed thirty-six square feet (36 sq. ft.), except as described in subsection G. New Business Temporary Signs.
11 21.11.17.C Maximum Height  Areas with Limited Access: 6 feet
Areas with Unlimited Access: 4 feet 
All Other Streets: 3 feet
Shall not exceed six feet (6’), except as described in subsection G. New Business Temporary Signs.

Creation of a new "Special Event / Promotion Temporary Signs": 

G. Special Event / Promotion Temporary Signs. Any business can apply for Special Event / Promotion Temporary Signage in addition to the Temporary Signs described above with the following requirements:
1. There is no maximum area, no maximum height, or limitation on the number of Special Event / Promotion Temporary Signs that can be permitted.  
2. Special Event / Promotion Temporary Signs are permitted for a maximum of thirty (30) consecutive days per calendar year with the issuance of a Temporary Sign Permit.

 
January 7th City Council Meeting: 
 
Article UDC Section Current UDC
Proposed Amendment
11 21.11.6 Prohibited Signs Currently, the UDC does not directly prohibit wind drive signs / feather flags / inflatable / balloon signs.  Wind driven signs including feather flags and inflatable / balloon signs are prohibited regardless of size. 
11 21.11.17. B Maximum Area Areas with Limited Access: 32 sq.ft. per face or ten percent (10%) of the building facade, whichever is less 
Areas with Unlimited Access: 24 sq.ft. per face or seven percent (7%) of the building facade, whichever is less 
All Other Streets: 16 sq.ft. per face or five percent (5%) of the building facade, whichever is less
Thirty Six Square Feet (36 sq.ft.)
11 21.11.17.C Maximum Height  Areas with Limited Access: 6 feet
Areas with Unlimited Access: 4 feet 
All Other Streets: 3 feet
Six Feet (6ft.)


February 4th City Council Meeting: 
 
Article UDC Section Current UDC
Proposed Amendment
11 21.11.6 Prohibited Signs Currently, the UDC does not directly prohibit wind drive signs / feather flags / inflatable / balloon signs.  Balloon Signs including inflatable signs are prohibited regardless of size.  Feather Flags are the only type of wind driven signs allowed.
11 21.11.17. B Maximum Area Areas with Limited Access: 32 sq.ft. per face or ten percent (10%) of the building facade, whichever is less 
Areas with Unlimited Access: 24 sq.ft. per face or seven percent (7%) of the building facade, whichever is less 
All Other Streets: 16 sq.ft. per face or five percent (5%) of the building facade, whichever is less
Twenty Four Square Feet (24 sq.ft.) except that feather flags are limited to Sixteen Square Feet (16 sq.ft.)
11 21.11.17.C Maximum Height  Areas with Limited Access: 6 feet
Areas with Unlimited Access: 4 feet 
All Other Streets: 3 feet
Four Feet (4ft.) except that feather flags are limited to Eight Feet (8')

Feather flags can be four feet taller (8' vs 4') but have less area (16 sq ft vs 24 sq ft). Each business/tenant can have no more than 3 temporary signs up at one time (can be all feather flags or freestanding or a combination 2 of one and 1 of the other). The total number of days they can have temporary signs up is 120 and that is cumulative. So they can have one sign up for 120 days or 3 signs up for 40 days or some combination of that. Temporary signs will be issued for 30 day increments, except that it can be shortened if they hit their maximum time. For example, they can have 3 temporary signs up for 30 days and then one sign up for 30 days. We will also issue a "recurring event permit" that is issued in two day increments for up to 15 times per year. The applicant must identify which 15 two day increments they want when applying for the initial permit (these can be adjusted as dates change). 

February 18th City Council Meeting: 

 
Article UDC Section Current UDC
Proposed Amendment
11 21.11.6 Prohibited Signs Currently, the UDC does not directly prohibit wind drive signs / feather flags / inflatable / balloon signs.  Balloon Signs including inflatable signs are prohibited regardless of size.  
11 21.11.17. B Maximum Area Areas with Limited Access: 32 sq.ft. per face or ten percent (10%) of the building facade, whichever is less 
Areas with Unlimited Access: 24 sq.ft. per face or seven percent (7%) of the building facade, whichever is less 
All Other Streets: 16 sq.ft. per face or five percent (5%) of the building facade, whichever is less
Thirty Six Square Feet (36sq.ft.)
11 21.11.17.C Maximum Height  Areas with Limited Access: 6 feet
Areas with Unlimited Access: 4 feet 
All Other Streets: 3 feet
Six Feet (6ft.)


Additionally, staff has created three options that would be added to the above February 18th amendment, specifically in relation to requirements for Feather Flags: 

Option #1: Feather flags would be viewed as Temporary Signs and follow the UDC requirements as identified in 21.11.17.
G.  Feather flags, are considered temporary signs and are required to follow all Temporary Sign regulations as defined in UDC Article 11 Section 21.11.17 Subsections A-F.   

Option #2: No Permit / 180 days max / Max number per business:
G.       Feather flags, are considered temporary signs, but do not require a permit to be obtained.   
1. Feather flags are permitted for a maximum of 120 consecutive calendar days per year.  
2. The maximum number of feather flags is 2 per business.  
3. Any feather flag sign in disrepair / poor condition such as fraying, fading, or rips and tears shall be either replaced or removed or is subject to violation. 
Option #3: Permit / 30 Days on – 30 Days Off / Max number per business:
G.       Wind driven signs, including feather flags, are considered temporary signs and require a temporary sign permit.  
1. Feather Flags are permitted for a maximum of thirty (30) consecutive calendar days at a time. Once the thirty (30) calendar days have been met, the property owner is responsible for removal of the feather flag.  
2. No additional temporary sign permits for feather flags shall be issued for the same business for a period of thirty (30) days after the expiration of the previous permit. 
3. Feather flags are permitted for a maximum of 120 calendar days per year.
4. The maximum number of feather flags is 2 per business.
5. Any feather flag sign in disrepair / poor condition such as fraying, fading, or rips and tears shall be either replaced or removed or is subject to violation. 

Staff is requesting that at the February 18th City Council meeting that feedback and direction can be provided if this proposal or some variation of it is desirable. 

Additionally, in light of the extensive conversation on temporary signs and feedback received, staff has started drafting a full UDC Article 11 Signs rewrite. The goal of this rewrite will be to have sign regulations that are more easily understood, and to ensure that the signs that are being permitted are desired by City Council. In light of this upcoming UDC Amendment for Article 11, staff is requesting that no formal action be taken on Ordinance 25-S-004. Rather than adopting a small change in Article 11 and then in the upcoming couple of months making a full Article 11 rewrite, it seems more appropriate to provide direction on Temporary Signs using this ordinance presentation, not take action on the Ordinance itself and then the desired changes for Temporary Signs will be incorporated into the overall Article 11 rewrite. 

The Planning and Zoning Commission held a public hearing and made a recommendation of approval at the December 4, 2024, Planning and Zoning Commission meeting. A Public Hearing notice was published in the San Antonio Express on December 18th for the Public Hearing at the January 7, 2025, City Council meeting. 
 

GOAL

To receive direction on the proposed amendments to the Unified Development Code Article 11, Section 21.11.6 Prohibited Signs to explicitly state that inflatable / balloon signs are prohibited regardless of size and Section 21.11.17 Temporary Signs to increase the maximum area and maximum height for temporary signage and to modify the requirements for feather flags. 

COMMUNITY BENEFIT

It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.

SUMMARY OF RECOMMENDED ACTION

When staff evaluates Unified Development Code Amendments, they use section 21.4.7.D Criteria for approval. The criteria are listed below.

1. The proposed amendment promotes the health, safety, and general welfare of the City; 
The City Council requests and staff proposes UDC amendments from time to time to proactively better the Unified Development Code that governs development within the City of Schertz. The proposed amendments allow greater flexibility / larger temporary signs regardless of where the business location is and the associated roadway classification. By increasing the maximum height and maximum area for temporary signage it promotes orderly and efficient development. With the proposed amendments, businesses will still be required to obtain a temporary sign permit which also ensures orderly development of the City. Additionally, by providing clarity on prohibited signs it will ensure consistency and efficiency with the sign permitting process throughout the City.

2. The proposed amendment is consistent with the goals, objectives, and policies of the UDC and the City; 
The proposed amendments are consistent with the goals and desires of the City Council as discussed at the November 19, 2024 City Council workshop. Additionally, increasing the maximum height and maximum area allows greater flexibility, which is consistent with other UDC Amendments that have been approved. Recent UDC amendments have been made to add clarity on requirements and desires of the City Council. By creating a UDC amendment that clearly prohibits inflatable signage, it is more clear for business owners and applicants on what is allowed as a temporary sign in the City of Schertz. 

3. The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law; and 
The proposed amendments will meet the changing conditions / desires of the City Council in relation to allowing larger temporary signs. Additionally, the amendment adds clarity on temporary signs that are not desired and more clearly prohibits the use of inflatable signs. The Operational Values of the City include being proactive and service-oriented. By implementing the proposed UDC amendment, it will proactively allow businesses to have larger temporary signs and to have consistent height and area maximums for all businesses regardless of the property location. 

4.  Other factors which are deemed relevant and important in the consideration of the amendment.
Staff has ensured all UDC requirements have been met for the proposed Unified Development Code Amendments. The City Council Workshops at the November 12th and November 19th City Council, as well as the January 7, 2025 and February 4, 2025 City Council meetings should be reviewed as it provides additional information as to the insight of why these UDC Amendments have been requested and proposed. 

RECOMMENDATION

Staff Recommendation
As previously stated in this City Council report staff is requesting that at the February 18th City Council meeting that feedback and direction be provided about whether the proposed changes are desirable. Staff is requesting that no formal action be taken on Ordinance 25-S-004 but rather include these changes into the full rewrite of Article 11 that will be brought to the Planning and Zoning Commission and City Council in the next couple of months.  

Planning and Zoning Commission Recommendation 
The Planning and Zoning Commission met on December 4, 2024, held a public hearing, and made a recommendation of approval to City Council with a 6-0 vote. The UDC Amendment that the Planning and Zoning Commission recommended included the following UDC Amendment language which differs from what is proposed with this UDC Amendment. 
  • Prohibit wind driven signs including feather flags and inflatable / balloon signs
  • Increase maximum area to 36 square feet
  • Increase maximum height to 6 feet

Attachments