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PLANNING AND ZONING COMMISSION MEETING:  05/07/2025
Agenda Item 5 D
 
TO: Planning and Zoning Commission
PREPARED BY:
SUBJECT: PLUDC20250090 - Conduct a public hearing, workshop and discussion and possible action to make a recommendation on amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 11 - Sign and Advertising Devices, Article 3 Boards, Commissions, and Committees - Section 21.3.3 - Planning and Zoning Commission, Article 7 - Nonconforming Uses, Lots, and Structures, and Article 16 - Definitions.
 

BACKGROUND

City Council from time to time, on its own motion, or at the recommendation of City Staff may propose to amend, change, or modify text in any portion of the Unified Development Code (UDC). It is generally considered good practice to periodically review and update the UDC. The last ordinance that significantly revised Article 11 was in 2017.  In the following 8 years, the Schertz City Council has changed, the city has grown, and policies have shifted. Motivated by the recent City Council workshops on Temporary Signs, Staff determined that it was prudent to review and revise Article 11.  These proposed amendments will also involve changes to Article 3 - Boards, Commissions, and Committees, Article 7 - Nonconforming Uses, Lots, and Structures, as well as Article 16 - Definitions. 

GOAL

The goal for these proposed amendments is to update and streamline Article 11. Like other recent UDC amendments, one of the main objectives is to make editorial changes to update UDC language to make it consistent with other Articles, and to help convey information better. For example, replacing specific titles with the "City Manager or his/her designee" language or splitting long paragraphs into subsections like (a), (b), (c), etc. to help easily highlight regulations.  This section will detail the proposed amendments starting with Article 11 - Signs and Advertising Devices, and then detailing other articles that were also affected.
 
Article 11 - Proposed Amendments
Section 21.11.1 Purpose 
Summary of Changes Proposed
  • Staff is proposing to remove unnecessary language. This can be in the form of redundancies that are covered in other sections, or language that is self-evident and does not need to be explicitly stated.
  • Staff is proposing to remove sections pertaining to the ETJ. This is based off of an understanding in recent state laws that have been passed to limit what Schertz is allowed to regulate in the ETJ and how easy it is to petition to be removed from the ETJ.
  • Staff is proposing to move a sentence from 21.11.3 Administration into the Purpose section as it fits the Purpose section better.
Section 21.11.2 Applicability
Summary of Changes Proposed
  • Removing unnecessary language.
  • Subsection A. & B. are not required to be explicitly stated in the UDC.
  • Subsection C. was a date that was proposed after the last update. This subsection is alluding to provision in the Article relating to categorizing and documenting older signs. This was never done and thus this subsection is not required.
Section 21.11.3 Administration
Summary of Changes Proposed
  • Removing unnecessary language.
  • Subsection A. was shortened and moved to 21.11.1 Purpose.
  • Subsection E. and F. are not required to be explicitly stated in the UDC.
Section 21.11.4 General Requirements
Summary of Changes Proposed
  • Replacing specific titles with "City Manager or his/her designee".
  • Making minor edits to the permit application requirements to clarify what staff is looking for.
  • Rewording of the "Fees" subsection to be consistent with the Fee Schedule.
Section 21.11.5 Exempted Signs
Summary of Changes Proposed
  • Definitions were added to certain signs that did not have one.
  • Murals were added to the exempted list.
  • Directional Signs were added to the exempted list.
Section 21.11.6 Prohibited Signs
Summary of Changes Proposed
  • Subsection J was updated to match recent changes to 21.8.4 Home Occupations.
  • Subsection K was removed as Staff felt this particular sign is not prevalent in Schertz and the definition seemed problematic as it would include TxDOT traffic signs and other similar devices.
  • Definitions were added to Bandit Signs and the definition of Painted Signs was edited to be consistent with Murals.
  • Balloon Signs were added based off of recent City Council workshops on Temporary Signs.
Section 21.11.7 Removal of Signs
Summary of Changes Proposed
  • Replacing specific titles with "City Manager or his/her designee".
Section 21.11.8 General Sign Provisions
Summary of Changes Proposed
  • Removing wind load language as it is covered in the Building Code.
  • Replacing specific titles with "City Manager or his/her designee".
  • Sign clearance language was removed as our setback requirements make this language unnecessary.
Section 21.11.9 Wall Signs
Summary of Changes Proposed
  • Regulations were condensed into new subsections.
  • A special provision for Main Street properties abutting a railroad track.
  • "Areas with Limited/Unlimited Access" changed to simple roadway classification.
  • Wall sign standards turned into an easy to read table. 
  • Staff is proposing changes to the standards as well that are detailed below: 
Current Code Proposed Code
  • Interstates, Farm to Market Roads, and Schertz Parkway are considered the same.
  • Sign square footage calculated by % of facade or a cap determined by roadway, whichever is less. 
  • Allowed buildings within Manufacturing Light District (M-1) and Manufacturing Heavy District (M-2) with a 300-linear foot facade a maximum of 250 square feet of signage.   
  • Schertz Parkway has stricter standards than Interstates and Farm to Market Roads.
  • Wall signs are allowed more flexibility and given an allotment of square footage per facade. This would more clearly allow either multiple sign components or one contiguous sign.
  • Simplified for sign square footage to not exceed cap determined by roadway. 
  • Provision added that allows large buildings (over 100,000 sq ft.) additional square footage for signage.
Section 21.11.10 - Freestanding Sign
Summary of Changes Proposed
  • This is essentially a new category that has been created from combining the current "Freestanding Ground Sign", "Monument Sign", and "Multi-Tenant Sign" sections. 
  • "Areas with Limited/Unlimited Access" changed to simple roadway classification.
  • Sign standards turned into an easy-to-read table. 
  • Staff is proposing changes to the standards as well. Essentially, sign standards on FM roads gain height and area, but standards on Schertz Parkway decrease. Most other regulations remained. These are detailed below: 
Current Code Proposed Code
  • Interstates, Farm to Market Roads, and Schertz Parkway are considered the same.
  • Freestanding Ground Signs allowed a maximum height of 50 feet on Interstates, 40 feet on FM Roads, except 18 feet for FM 3009 and Schertz Parkway, and 20 feet everywhere else.
  • Freestanding Ground Signs allowed a maximum area of 250 sq. ft. on Interstates, 100 sq. ft. on FM Roads, except 90 sq. ft. for FM 3009 and Schertz Parkway, and 32 sq. ft. everywhere else.
  • Monument Signs allowed a maximum height of 5 foot 6 inches.
  • Monument Signs allowed a maximum area of 50 sq. ft.
  • Multi-Tenant Signs allowed a maximum height of 20 feet on Interstates, 18 feet on FM Roads and Schertz Parkway, and 15 feet everywhere else.
  • Multi-Tenant Signs allowed a maximum area 1% of building or 150 sq. ft. whichever is less.
  • Developer responsible for providing "adequate" space for tenants in Multi-Tenant signs. 
  • Schertz Parkway has stricter standards than Interstates and Farm to Market Roads.
  • Freestanding Signs allowed a maximum height of 50 feet on Interstates and FM Roads, and 20 feet everywhere else.
  • Freestanding Signs allowed a maximum area of 250 sq. ft. on Interstates and FM Roads, and 150 sq. ft. everywhere else.
  • Provision added that prevents any one business taking up more that 50% of the allowable square footage for a multi-tenant sign. Where the current code has the developer being responsible for "adequate" space for tenants, this new rule provides a clear limitation and ensures space for tenants.
  • Included requirements from existing 21.11.13 Electronic Signs.
Section 21.11.11 Monument Signs
Summary of Changes Proposed
  • The section is proposed to be removed and combined with the new "Freestanding Signs".
Section 21.11.12 Multi-Tenant Signs
Summary of Changes Proposed
  • The section is proposed to be removed and combined with the new "Freestanding Signs".
Section 21.11.13 Electronic Signs
Summary of Changes Proposed
  • The section is proposed to be removed and combined with the new "Freestanding Signs".
Section 21.11.14 Directional Signs
Summary of Proposed Changes
  • The section is proposed to be removed and "Directional Signs" are proposed to be exempt from permitting although some standards still apply.
Section 21.11.15 Subdivision Entry Signs
Summary of Proposed Changes
  • Subdivision Entry Signs are now given different standards for roadway classification, where previously there was only one standard for all.
  • Standards are the same except Interstates and FM Roads are given slightly higher maximums on height (10 feet) and area (50 sq. ft.).
Section 21.11.16 Price Per Gallon Display
Summary of Proposed Changes
  • Standards remain the same except:
  • There is no stipulation on letter size.
  • Square footage of Price Per Gallon Displays is included with main permitted sign.
  • This section was also moved up in order and will now be after the new "Freestanding Signs"
Section 21.11.17 Temporary Signs
Summary of Proposed Changes
  • Sign standards turned into an easy-to-read table.
  • Other items were included due to recent City Council workshops, such as limiting feather flag duration.
  • A recurring event permit subsection was added for long-held community events in Schertz. 
  • "Development Signs" and "Real Estate Signs" were added to these sections as these are, in essence, temporary signs as well.
Section 21.11.18 Development Signs
Summary of Proposed Changes
  • The section is proposed to be removed and "Development Signs" standards were put into "Temporary Signs".
Section 21.11.19 Real Estate Signs
Summary of Proposed Changes
  • The section is proposed to be removed and "Real Estate Signs" standards were put into "Temporary Signs".
Section 21.11.20 Banners over Public Rights-of-Way
Summary of Proposed Changes
  • Minor edits were made in this sections. Just removing unclear/conflicting language and adding "City Manager or his/her designee" to a paragraph. 
Section 21.11.21 Nonconforming Signs
Summary of Proposed Changes
  • Section is being moved to Article 7 which is the Nonconforming Article of the UDC.
  • Proposed to be deleted as a result.
Section 21.11.22 Licenses 
Summary of Proposed Changes
  • The licenses section is being proposed to be removed as licensing requirements are covered in the Code of Ordinance and are not needed in the UDC.
  • This section is instead proposed to be revised into a "Waiver" section that details a waiver process for sign standards in extraordinary circumstances.
  • This waiver is proposed to be heard by the Planning and Zoning Commission with any appeals going to City Council.
Section 21.11.23 Violations
Summary of Proposed Changes
None.

The result of these proposed changes will result in the removal of 7 sections. For example, the last section "Violations" would be renumbered to 21.11.16.

These amendments also require changes to Article3, Article 7, and Article 16. These changes are detailed below:
Article 3 Proposed Amendments
Section 21.3.3 - Planning and Zoning Commission
  • Language was added in Subsection B.2 that details the Planning and Zoning Commission having approval authority for waivers related to Article 11. This is consistent with the new Waiver section in Article 11.
Article 7 Proposed Amendments
Section 21.7.12 (New Section) - Nonconforming Signs
Summary of Proposed Changes
  • This section was copied from existing code Article 11, Section 21.11.21 
  • Language was added directly from Local Government Code Section 216.013 pertaining to when signs lose nonconforming status.
Article 16 - Definitions
Summary of Proposed Changes
Staff will be adding and changing select definitions related to signs.
Definitions added: Definitions replacing/editing:
  • Façade: The portion of any exterior elevation of the building extending from grade to the top of the roof or parapet. Does not include structural or nonstructural elements which extend beyond roof or parapet. 
  • Murals. A graphic displayed on the exterior of a building for decoration or artistic expression. Shall not include text, logos, or images advertising or indicating a service or product.
  • Subdivision Entry Signs: entry signs identifying a residential or mixed-use development.
  • Balloon/Inflatable Signs: One or more inflatable devices filled with lighter-than-air gas used as a temporary sign for the purpose of directing attention to any location, event, person, product, good, service, activity, institution or business.
  • Bandit Sign: An illegally placed sign often used for advertising a service, business, or product.
  • Directional Signs: Any on-premise sign that directs the movement of traffic on private property within developments. Directional signs shall be located in a manner where they will not interfere with the safe movement of vehicles or pedestrians and shall not be located within any visibility triangle. Cannot be greater than twelve (12) square feet in area
  • Freestanding Sign: A sign that is not attached to a building and which is self-supported.
  • Temporary Signs: A sign constructed of a natural or man-made flexible material including, but not limited to, cloth, canvas, vinyl, engineered wood products not rated for outside use, or fabric which can be easily folded or rolled that is mounted with or without an enclosing framework that is attached or tethered to the building or structures. These signs are intended to be displayed for a limited period of time.  
  • Wall Sign: Any sign attached to or projected from the exterior wall surface or facade of a building
  • Wind Sign: Any display or series of displays, banners, flags, pennants or other such objects designed and fashioned in such a manner as to move when subjected to wind pressure. Wind signs shall only be permitted as temporary signs. Feather Flags are the only type of wind driven signs allowed.

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.

1. The proposed amendment promotes the health, safety, and general welfare of the City; 
It is considered good practice to proactively review and improve the Unified Development Code that governs development within the City of Schertz. This process has started because of the recent Temporary Sign workshops and staff has used this opportunity to overhaul the rest of Article 11. In promoting health, safety and general welfare, the city strives to make our development code more logical, easy to understand, and more consistent to enforce/administer. The proposed amendments help make Article 11 more user-friendly for residents, applicants, and city staff. This is done by creating more consistent language across the UDC, allowing for greater flexibility in our sign standards, and by simplifying language. 

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, the January 7 and February 4, 2025, City Council Meetings. Also, the Schertz Strategic Plan states that one of the goals and objectives for the city is to have a "thriving economy" by supporting "business retention and recruitment". Updating our sign code to be more flexible and easier to understand will help our business community here in Schertz thrive.

3. The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law; and
Some of these proposed amendments are reactive to state law changes, such as eliminating language pertaining to the ETJ. Mostly, these amendments are in response to issues that residents and applicants have had with Article 11. Staff's efforts to make this Article simpler and easier to understand will help address these concerns. Finally, certain sections do reflect changing conditions such as exempting murals or the change in classification of Schertz Parkway. The existing code equates Schertz Parkway with thoroughfares such as FM 3009 or FM 78; however, these amendments acknowledge that Schertz Parkway is not developing as an intense commercial corridor, and thus these sign amendments will help preserve its current character.  

4.  Other factors which are deemed relevant and important in the consideration of the amendment.
Staff has ensured all UDC requirements have been met and the City Attorney's office has assisted staff to ensure state law compliance as well. The scheduled public hearing will provide an opportunity to introduce new factors for consideration.

RECOMMENDATION

These proposed amendments help promote the health, safety, and welfare for Schertz, align with city policies, and help meet the challenge of changing conditions. Therefore, staff is recommending approval of PLUDC20250090.

Attachments