The Schertz City Council recently passed updates to Article 11 - Signs and Advertising Devices on June 17, 2025 as Ord. 25-S-024. In these updates, is Section 21.11.15 Waivers. This section allows applicants the opportunity to request waivers from the sign standards in extenuating circumstances. These requests are then decided upon by the Schertz Planning and Zoning Commission.
The applicant intends to construct a freestanding ground sign at 18406 IH 35, Schertz Station Lot 7, Block 1. Based on the proposed sign, the applicant is requesting waivers to two sections of UDC Article 11, identified below:
UDC Article 11, Section 21.11.10 Freestanding Signs, specifically maximum area:
- Based on the property location on IH 35, the maximum area for a freestanding sign is 250 square feet. The proposed sign is 40 feet tall and 19 feet wide for a total area of 760 square feet. The waiver request is to exceed the maximum allowable area by 510 square feet, approximately 3 times more than the allotted area per the UDC. For size reference the billboard on IH 35 that advertises for the City of Schertz is 14 feet by 48 feet, for a total area of 672 square feet. The proposed sign within the waiver request is approximately 88 square feet larger than the billboard on IH 35.
UDC Article 11 Section 21.11.6 Prohibited Signs, subsection K- Off Premise Signs
- The UDC lists off premise signs as prohibited. The applicant is requesting a waiver to this section as the intent is to advertise tenants from differing platted lots on the proposed sign on Lot 7, Block 1. Per the proposed sign exhibits, the intent is to advertise "The Home Depot" on the proposed sign, which is under construction at Schertz Station Lot 17, Block 1. Since this tenant is not located on Lot 7, Block 1 advertising this business on the proposed sign would be considered Off Premise signage and would be prohibited.
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The Planning and Zoning Commission uses the criteria in 21.11.15 for sign waivers and staff use the same for our analysis.
21.11.15.B has the the following considerations:
1. The nature of the proposed use of the land involved.
The Schertz Station Subdivision is a large subdivision currently zoned Planned Development District (PDD). The subdivision as a whole consists of multifamily-style housing and several retail / restaurant sites. The site for this specific waiver is part of the PDD designed for commercial / retail. As a note, the Schertz Station PDD, did not include deviations or modifications to the City of Schertz sign regulations. As part of the PDD process, the applicant could have included requested deviations to the sign regulations that would have been specific for their development, that then would have been reviewed and either approved or denied by the City Council. Since signs were not included in the PDD design standards, Schertz Station is bound to the current UDC Article 11 sign regulations for the site.
The subject property went through the development process and has constructed two multi-tenant buildings for commercial / retail / restaurant uses.
2. The location of the property in relation to roadway classification.
The property is located along IH 35, a major freeway. Based on the location of the property on IH 35, the maximum height and area for a freestanding sign are larger than what would be permitted on other roadway classifications, see below:
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Freestanding Sign Standards
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Roadway Classification
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Setback Ft.
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Max Area sq. ft.
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Max Height ft.
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Maximum Number
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Interstates
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15
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250
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50
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1 per lot per frontage
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Farm to Market Roads
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15
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250
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35
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1 per lot per frontage
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All Others
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15
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150
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20
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1 per lot per frontage
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Per the Sign Code Waiver Justification form submitted by the applicant, they stated "
due to varying elevations and vertical grade changes along IH 35, visibility from the interstate is limited compared to similarly zoned properties along flatter roadway segments." Additionally, the letter states in relation to the maximum area waiver request " This increase will improve interstate visibility and provide clear identification for the development's national retail tenants." From staffs evaluation, the property location in relation to IH 35 and the stated "
varying elevations and vertical grade changes" are not unique to this site and should not be a basis for an increased area of 510 square feet over the maximum allowable. Additionally, staff would like to note that Schertz Station Lot 6, Block 1, which is immediately adjacent to the lot for the proposed sign location, has a constructed freestanding sign that did not request a waiver to increase the maximum area. If the existing sign on Lot 6, Block 1 of Schertz Station, also located along IH 35, did not need waivers for increased area, and is located along the same IH 35 frontage the "
varying elevations and vertical grade changes" do not appear to be a constraint for advertising other tenants within Schertz Station.
It is also of note that the subject property is located at the hard corner of Cibolo Valley Drive and IH 35. Additionally, the subject property has frontage on Merit Ln. Per the UDC freestanding ground regulations, properties are permitted to have 1 freestanding sign per lot, per frontage. Since Lot 7, Block 1 has three frontages, they would be permitted to have 3 freestanding signs.
3. The existing uses of land in the vicinity.
The land uses in the vicinity consist of the remainder of the Schertz Station subdivision which, as mentioned above, consists of multifamily-style housing and several retail / restaurant sites. The subject property is currently being developed with two multi-tenant buildings with businesses such as Panera Bread, CAVA and multiple additional businesses in the tenant finish out process.
21.11.15.C has the following considerations:
1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area
The proposed signage may not necessarily be detrimental to public health, safety, or welfare. However, the proposed signage does not align with the City of Schertz core values. One of the City of Schertz core values is "Do the right thing." The proposed signage does not promote the core value of doing the right thing to other properties along IH 35 that have met the UDC requirements for signage for their businesses.
Additionally, the City Council adopted the updated UDC Article 11 in June of 2025. The intent of the updated UDC amendment was to allow greater flexibility / increased signage specifically for properties along major roadway classifications. Based on the UDC amendment in 2025, the City Council set the standards that would be applicable for properties along IH 35 and determined that the set allowable maximum height and area was appropriate. With the 2025 UDC Article 11 amendment it removed the designation for "Multi-tenant signs". In the previous UDC requirements for multi-tenant signs the maximum height allowed was 20 feet with a maximum area of 150 square feet. The proposed sign prior to the ordinance amendment would have been considered a multi-tenant sign and would have utilized those size limitations. The 2025 UDC amendment increased what would have been allowable to the now current standard, which again increased maximum area to twice as large as was previously allowed.
The proposed sign could be considered injurious to other property in the area in relation to site visibility of other properties along IH 35 and Cibolo Valley Drive. The scale of the proposed sign at 760 square feet is significant, especially based on the applicants' other waiver request for similar signage at Schertz Station Lot 2.
2. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties with the same land use that would comply with the same
provisions.
The property in question, Schertz Station Lot 7, Block 1, is not necessarily unique in location in relation to other properties located along IH 35. The UDC Article 11 sign regulations are in place to ensure cohesive development, including cohesive signage throughout the City of Schertz. The same provisions that the property in question are required to meet are the same provisions that any new signage along IH 35 or IH 10 would be required to meet. Granting the waivers, as requested by the applicant, is an inconsistent interpretation of the UDC that favors one specific development over other developments or businesses that have applied for sign permits and made revisions to ensure their signs meet the requirements of the UDC as approved by City Council. Granting this waiver is not in alignment with the City of Schertz Core Values.
Additional Considerations in relation to number of signs:
Staff would also like to note that the proposed The Home Depot currently under construction at 18541 IH 35, Schertz Station Lot 17, Block 1 has submitted for two additional freestanding signs to be placed on their subject property, one proposed on Station Road and the other on Ripps Kreusler. If the proposed waiver and associated PLVAR20260065 are approved, then The Home Depot would be advertising on 4 separate freestanding signs.
Also of note, a waiver request, PLVAR20250144 Sign Waiver, was heard by the Planning and Zoning Commission for increased wall signs for The Home Depot in July of 2025. Ultimately, after Planning and Zoning Commission denied the waiver request, the City Council approved the request after the applicant appealed the Planning and Zoning Commissions decision. In other words, The Home Depot has already received a waiver for larger wall signage than permitted, and will still have two freestanding signs advertising the business on their property without the approval of this waiver request of the associated PLVAR20260065.
Granting the waivers, as requested by the applicant, is an inconsistent interpretation of the UDC, specifically allowing The Home Depot to have additional signage, than would be permitted for other national retailers within the City of Schertz that comply with the UDC regulations. If the applicant desired to have increased signage for their anchor tenant, those considerations could have been incorporated into the Planned Development District design standards for the subdivision.
Additional Considerations in relation to off-premise signage:
In relation to the waiver request to Article 11, Section 21.11.6, specifically prohibited signs to include off-premise signs, is in place to prohibit a business from advertising on other properties where the business is not located. For example, if this code section was not in place, a business on FM 3009 could advertise across the entire City of Schertz which ultimately is not the desire of the City of Schertz based on the code being in place. If businesses advertised on other properties that the business was not actually located it would put limitations on business advertising on their own property as there are limitations on the maximum number of freestanding signs permitted per property / per frontage. If the intention of Schertz Station was to have businesses advertise on off premise properties that could have been requested within their PDD design standards.
Additional Considerations in relation to maximum allowable area:
In relation to the waiver request to Article 11, Section 21.11.10, specifically the maximum area, was updated via the 2025 UDC amendment. This amendment approved by City Council stipulated the height and area that was deemed appropriate to properties along IH 35 and IH 10. Prior to the 2025 amendment the proposed sign would have been considered a multi-tenant sign with a maximum allowable area of 150 square feet. The 2025 UDC amendment eliminated multi-tenant signs so that all multi-tenant signs would then be considered freestanding signs. This increased the maximum allowable for this property to be 250 square feet, an additional 100 square feet of signage than what would have been allowed in 2025. The proposed signage is for a 40 foot tall, 19 foot wide sign for a total of 760 square feet. The request is to have an additional 510 square feet of signage than what is permitted. Based on the waiver request form submitted by the applicant this increase is necessary due to varying elevations and vertical grade changes and to address site-specific topographic and logistical constraints. From staffs analysis it does not appear that there are elevation / vertical grade changes and topographic challenges that are unique to this property that would warrant a sign of this magnitude. Again for persepective if this waiver request is approved along with PLVAR20260065 there would be two freestanding signs along IH 35 that would both be individually larger than the billboard that the City of Schertz advertises on.
Additionally, staff would like to note that if this waiver is approved by the Planning and Zoning Commission or City Council, staff will be recommending a UDC amendment for Article 11 to increase the maximum allowable area for all signage. In addition to proposing modifications to the sign waiver UDC requirements. In an effort to follow the City of Schertz core values, and do the right thing, if the waivers are approved here where staff feels there are no unique challenges, then all businesses along IH 35 and IH 10 or other roadways should also be allowed to have larger signage. Based on staff's evaluation, the subject property is not unique in relation to requiring or necessitating larger signage, nor the need to have a sign prior to building permits for the site, or advertising businesses not located on the property, and therefore, if the waiver is approved, then larger signage should be allowed elsewhere. If the waiver is approved when staff has provided concerns and recommendation of denial, and there being no special circumstances for the property, then where would the Planning and Zoning Commission or City Council say "no" to a waiver for larger signage. The majority of sign permits requested originally request larger signage. Staff makes comments that the signs need to be reduced to meet the City of Schertz standards. The majority of those businesses then comply with the standards. In other words, the majority of businesses want larger and more signs, if the pattern is for applicants to submit waiver requests to have those larger signs and those waivers get approved with little to no justification, then the UDC needs to be amended to allow all businesses to have larger to maintain consistent regulations throughout the City.
Based on staffs evaluation of the three requests, the site, the waiver justification submitted by the applicant, staff is recommending denial of the requested waiver.
| Planning Department Recommendation |
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Approve as submitted |
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Approve with conditions* |
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Denial |
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. |
