Per Unified Development Code (UDC), Section 21.4.7, City Council may, from time to time, on its own motion, or at the request of the City Manager or his/her designee, may change or modify the UDC in order to establish and maintain sound, stable, and desirable development. The proposed UDC amendments, which were initiated by the Planning Division Staff, are meant to simplify the categories of outdoor display and storage by amending the defitinitions and expanding the exceptions. 

The proposed UDC amendments include modifications to Article 8, Section 21.8.9- Outdoor Display and Outdoor Storage; to create new categories of Outdoor Display and Storage, amend definitions, clarify general requirements, and expand exceptions.

Proposed Amendments
Staff is proposing modifications to the following UDC Article 8, Section 21.8.9 subsections:

Article	UDC Section	Current UDC	Proposed Amendment
Article 8	Section 21.8.9; Specifically Table 21.8.9	Permitted Outdoor Display and Temporary Outdoor Storage Zoning Districts	Change the classification names to Outdoor Display and Outdoor Storage. Outdoor Display is permitted in NS, MSMU, GB, GB-2, M-1, and M-2. Outdoor Storage is permitted in GB-2, M-1, and M-2, and requires an SUP in PUB
Article 8	Section 21.8.9; Specifically 21.8.9.B.1	Outdoor display and temporary outdoor storage of goods in individual packaging and not in storage containers which are associated with the primary business on the site may be allowed adjacent to a front principal building wall and may not extend into the public right-of-way. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building.	Modifying the definition of Outdoor display to include items actively for sale or lease typically seen at home improvement businesses which include: pallets of mulch; sod; and prefabricated sheds.
Article 8	Section 21.8.9; Specifically 21.8.9.B.2	General outdoor storage consists of all remaining forms of outdoor storage not classified as outdoor display including items of a large size, mass or volume and that are not easily moved or carried such as used tires, railroad ties, discarded inventory, storage pallets, shipping containers, temporary portable storage facilities/containers and semi trailers not attached to a truck.	Modifying the definition of Outdoor Storage to expand on the types of items that would not fall under Outdoor Display, which include the items from the previous definition in addition to: unpackaged dirt; landscape materials; and other items sold in bulk associated with wholesale business. Outdoor Storage items are not considered Outdoor Display and are not permitted in the front yard of the primary structure.
Article 8	Section 21.8.9.; Specifically 21.8.9.B.4.	Exceptions included vehicles for sale, flea markets, and special provisions for vehicles/ food trucks for material delays during the pandemic.	Exceptions expanded to include Garden Centers, Lumber Yards, Outdoor Sales, and Sidewalk Sales.
Article 8	Section 21.8.9; Specifically 21.8.9.B.3.	3. Outdoor Display and Storage Requirements a. All outdoor display and storage areas must be clearly shown on the Site Plan submitted for the property. b. Unless specifically authorized elsewhere in the City's ordinances, all outdoor display and storage areas shall be located outside the public right-of-way.	Moved to the top of the UDC Section and placed under General Requirements. Be paved and painted to distinguish them from required off-street parking areas; Be clearly shown on the Site Plan submitted for the property, additionally any changes to the approved Outdoor Display or Outdoor Storage areas shall require an Amended Site Plan; Not be located within a required landscape buffer; and Not be permitted in off-street parking spaces, within the public right-of-way, fire lane, stacking spaces, areas meant for interior vehicle access, to block windows, entrances, exits, or to impede the ability of pedestrians to use the building, including ADA requirements.
Article 8	Section 21.8.9; Section 21.8.9.C.	Effective Dates	Removal of the effective dates section. Article 7 of the UDC lists the nonconforming uses, lots, and structures regulations.

To amend Part III of the Schertz Code of Ordinance, Unified Development Code (UDC) Article 8- Outdoor Display and Storage.

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

When considering UDC amendments, staff considers the criteria listed in UDC Section 21.4.7.D. The criteria are listed below:

1. The proposed amendment promotes the health, safety, and general welfare of the City; 
Staff proposes UDC amendments from time to time to proactively better the Unified Development Code that governs development within the City of Schertz. UDC Section 21.8.9- Outdoor Display and Storage has not been reviewed since the pandemic to implement pandemic-specific regulations, and before that, it had not been reviewed since its implementation in 2010. 

2. The proposed amendment is consistent with the goals, objectives, and policies of the UDC and the City; 
The purpose and intent of the UDC is to ensure the safe, orderly, and efficient development and expansion of the City. By being proactive with these proposed UDC amendments, Staff can provide clarification on questions and issues that have arisen over the years with the interpretation of the ordinance.

The UDC must be amended to keep up with the changing retail and commercial environments. The Main-Street Mixed-Use (MSMU) zoning district was adopted after the adoption of the Outdoor Display and Storage section, which resulted in exclusion from opportunities that can come from outdoor display in commercial areas.  With the proposed UDC amendments, MSMU zoning is included in the permitted use table for Outdoor Display and Outdoor Storage. Additionally, the expansion of the exclusions within Section 21.8.9 further clarifies what falls under Outdoor Display versus Outdoor Storage, which is a frequent question businesses have. Commercial businesses have also indicated a desire to have the ability to include Outdoor Display, which is not allowed with the current UDC language for Outdoor Display and Outdoor Storage. 

3. The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law; and
Section 21.8.9 was last amended in 2022, with Ordinance 22-S-19, in response to the pandemic. The proposed UDC changes meet the needs of the changing commercial environment by adding garden centers and sidewalk sales to the exclusions and providing clarity to the definitions of Outdoor Display and Outdoor Storage, which in turn allows for businesses that may not have been allowed before per our UDC.

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.

Staff recommends approval of PLUDC20250123.