ORDER N0.28674 RESOLUTION CITY OF KERRVILLE'S UNIFORM DEVELOPMENT CODE Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, the Resolution to the City of Kerrville requesting the City delegate the City Manager and the City Attorney to meet with the Kerr County Commissioners' Court for the purpose of proposing solutions to those portions of the Uniform Development Code which appear to violate existing law and/or interfere with the existing right and obligations of Kerr County. adN~~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: June 14, 2004 TIME PREFERRED: SUBJECT: (Please be specific). Consider, discuss and take appropriate action on a plan to address concerns regarding elements of the City of Ketrville's Uniform Development Code that affect development in unincorporated areas of Kerr County and the Kerrville/Kerr County Airport. EXECUTIVE SESSION REQUESTED: NAME OF PERSONS} ADDRESSING THE COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 10 Minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. Agenda Item Backup Information The City of Kerrville has been involved in the process of assembling a new comprehensive Unified Development Code (UDC) for all development (and everything related thereto) within the city's corporate limits and its Extra Territorial Jurisdiction (ETJ). While most of the voluminous document has major bearing on what may take place within the city in the future; there are at least four sections of the UDC that have a direct bearing on development in the unincorporated areas of the county which the City identifies as its ETJ. Sec. 1.4.2 establishes that the City of Kerrville "shall be the primary platting authority within its E'TJ, in accordance with the interlocal agreement with Kerr County." Needless to say, such an agreement has yet to be put into place. Sec. 2.5.2 has to do with an "Overlay Zone" for the Kerrville-Kerr County Airport. While this particular subject was referenced in a recent Airport meeting at which both Commissioner Letz and I attended, specifics were scarce. Sec. 5.7 refers to regulations on signage. In this instance, all county businesses in the ETJ would have to comply with the City's UDC regarding their signage. This has not -- been discussed with Commissioners' Court. Sec. 6. Is that which regulates the plat approval process, and all that goes with it. Concept plans, roads, storm water takeoff utilities, fees, plats, etc., etc. Bottom line is that we need to begin a dialog with the city on these matters. I do not believe anything meaningful will come from our getting in line to talk to the Planning and Zoning Commissioners as the rest of the public seems to be doing. We need to establish a manner in which Ken County's interests, problems and desires on these topics are made known and addressed. WHW RESOLUTION WHEREAS The City of Kerrville has proposed a draft of a Unified Development Code (UDC) that would govern and control zoning, plat approval, construction, signage, and development within the city's corporate limits and in the unincorporated areas of Kerr County known as the city's Extra Territorial Jurisdiction (ETJ); and WHEREAS the proposed UDC does not take into consideration the rights and obligations of Kerr County within the ETJ and/or the airport that is jointly owned and operated by Kerr County and the City of Kerrville; and WHEREAS Specifically Sec. 1.4.2, Sec. 2.5.2, Sec. 5.7, and Sec. 6 of the proposed UDC appear to be contrary to existing law and/or the rights and obligations of Kerr County; NOW THEREFORE BE 1T RESOLVED That the Commissioners' Court of Kerr County formally requests that the City Council of the City of Kerrville designate representatives of the City Council to meet with Commissioners Letz and Baldwin of Kerr County Commissioners' Court for the purpose of proposing solutions to those portions of the UDC which appear to violate existing law and/or interfere with the existing rights and obligations of Kerr County. Adopted this 14th day of June, 2004, by a vote of~For and _~Against. Pat Ti~iley, County Judge \ •` ~ '" H. A. "Buster" Baldwin, Commis ~oner ilham H. Williams, Commissioner Precinct 1 A - Precinct 2 ~,G" -~0~ }~ G ~ ~ ~ e~ 'Q 5 C~VNTY, °tE~P Da Nicholson, Commissioner ~ Precinct 4 Kerrville Unified Development Code Article '~ 1.1 Title Introductory Provisions This Code shall be officially known and may be cited as the City of Kerrville, Texas Unified Development Code (UDC). References to "this Code" or "this UDC" shall be interpreted as references to this Unified Unified Development Code Development Code. (UDC) refers to the combining of development regulation arid 1.2 Authorit procedures, induding but not y limited to, Toning and . subdivision codes; sign and This Code is adopted pursuant to the authority granted by the floodplain regulations, parking. Constitution and laws of the State of Texas, including but not limited to and loading regwrements; that contained in TITLE 7, CHAPTERS 211, 212, 216 and 243 of the provisions for landscaping ar8 Texas Local Govemment Code, and the Ci of Kemille Charter, as the tree;protection and_ tY Y admin~strationand~earing, may be amended. procedures Info a single. urnfed code...: 1.3 EffectlVe Date ~ Tezas Local Government - ~ode Title T is eriUtled, This Code shall become effective imme . to yupon assage and ~2egulatan offend use; ,~. approval by the City Council, as duly . by the a o and City ~ structures, Busuiesses and Secretary. Related Activities Chapters - - 271, 212and 216re'ierto Municipal Zornng Ai~ttaonty, The City Council considered this Cod 1 T DATE] t ereby its ~ #Aunigpai Regulation of ; effective date being the same. subd'onslons and Property:. Development, and Regulation of 1.4 JUrIShcCtlon Signs by'Nluniapalities; respecf~yely: . -.,, As enabled by the Texas L Go C e, the City of Kerrville shall have juri_sd_ Ct~n as provi elow: ~ - ~~~ ~ _ 1.4.1 Land~`iithin i limits .~ This U all effective th hoot the corporate limits of the Ci , as th ~a ed from time to time. All land uses Extraferritorlal Junsdiction ctures Ecte , eructed, reconstructed, enlar ed, moved refers to.the unincorporated ` 9 area that is contiguous to the or alte u after the effective date of this UDC, as provided corporate 6oundanes of the , in Sectio ~3 E e tide Date, shall be subject to this Code. rrwrnapality ~P,opulatan - Chapter 42;"ExtraiemtQnal 3urisd"~cLon of MurndpaliLes _: 1.4.2 Land withi a extraterritorial jurisdiction (ETJ) 'Texas Local Govemmerif'~ode~ ity of- nville shall be the primary-platting authority within its tletennirieslts distance fromthe.: ~ ~~ ~ bourdanes,: e bcrito 1 'urisdiction (ETJ} In accordance with theinterloCal. ~ ~u agre ~ ~ with Kerr County~(insert City Ordinance #). The following _ ~ , ~,~ sectio of this UDC shall apply to all properties within the ETJ and ~ ~ , outside of the corporate limits of Kerrville, as established by the _ Municipal Annexation Act: • Article 5 -General Development Standards; Section 5.7, - - .. - Sign Regulations. • Article 6 -Subdivision Development and Improvements. - • ' • • - 1.5 Intent and Purpose This Code is adopted for the purpose of protecting the health, safety, and general welfare of the residents, citizens, and inhabitants of the City of Kemille, Texas and its ETJ. Furthermore, this UDC exists for the __ _._ _ . _ _~ ~_ - _ -. ~_~- - -- z~- -- s^~~-_ ~: _ - _:. __PLBLI~,HEABIN~~i2AF _ z~ r = ~ -. Article 1: Kerrville Unified Development Code .-- Introductory PrOVIS1or1S purpose of achieving the City's objectives, which include but are not limited to: • Guide and regulate the appropriate use or development of all lands in a manner that is consistent with the Kerrville Comprehensive Plan Kerrville Comprehensive Plan and promotes the public health, safety, and general welfare. refers to the City's • Protect the aesthetic values of the City's scenic, historic and tourism comprehensive, long-range plan intended to guide the growth assets such as the Guadalu a River, hil{ count to o ra h and the p ry p g p y and, development of the City hlStOfIC downtown. and its extraterritorial • Secure safety from fire, flood, panic, and other natural and man- .jurisdiction, which includes goals, objectives, policies and made disasters. actions for land use, • Provide adequate light, air and open space. transportation, utilities, • Promote the establishment of appropriate population densities and communications technology, Central City, parks and concentrations that will contribute to the well bean. of neighborhoods recreation, corridor design, and enjoyment of persons. economic development and • Encourage the wise and responsible expe : -' a of public funds by public facilities, as amended coordinating public infrastructure impr men d private from time Lo time. development. Provide sufficient space in appro "ate ovations fo alance of residential, commercial, Indus n and public uses an pace, sensitive to our natural and l iron tS, to the va and enjoyment of all persons. ~ Encourage the locati nand design o Tonal transportation routes to allow free ttowing tra nditions arr o mitigate congestion. • Promote a desirable ch ":~ ~d attractiv is`~al environment through effective land ustanintra" - : Duna ~ gineering and good gn ' ~~ aesthetic des i . ~ • Conserv~e''~open~space and ~i~eserve valuable natural resources by avoidi : '°degradaion of the environment. lies the uitabl a ~ hat e t d • y pp q proce eve opmen Esta is regulations~d„;~ ~ca~da d of UDC whi{e respecting the rights of o noq> g the interests of citizens. ro _ owns s an~i 1.6 inimum a uire 'efts I terpreting a `app ing the provisions of this UDC, they shalt beheld " to b 'nimum r uirements (including cases where minimum requir nts a stated as a maximum standard) adopted for the purpose d jectives stated above. 1.7 Relationship to Plans, Regulations and Restrictions The issuance of any permit certificate or approval in accordance with the Permit, Certificate or standards and requirements of this UDC shall not relieve the recipient of Approval refers to documents such permit, certificate or approval from the responsibility of complying issued by the City allowing a with all other applicable requirements of any other City, county, state or person to begin an activity provided for in this code or other federal agency having jurisdiction over the structures or land uses for .codes, ordinances and which the permit, certificate or approval was issued. regulatory provisions adopted by the City Counal. 1.7.1 Relationship to City Regulations The use of structures and lands within the City shall be subject to all other applicable provisions of the Kerrville Municipal'Code of - -_ , Page ~=2 PUBLIC HEARING DRAFT - 01/21!04 ' ' ._" Kerrville Unified Development Code " 2.5.2 Overlay Zoning Districts Overlay zones provide for the possibility of superimposing certain additional requirements upon a basic use-zoning district without disturbing the requirements of the base-zoning district. These districts are established by ordinance to prescribe special regulations to be applied to a site in combination with the underlying or base district for the purpose of enhancing the development outcome beyond that commonly achieved with conventional zoning. The designated areas, uses and activities and development standards for each of the following overlay districts are provided in Section 3.8, Overlay District Regulations. a. GCO Gateway Corridor Overlay District This district is intended to enhance the appearance nd image of the City's key entry points, major corridors and other 'rs,pf aesthetic concern by maintaining a sense of openness a'sual continuity. At the same time, it is intended to encourage t - p ~ riate use of these areas for development that benefits from a - ss to Interstate and other major thoroughfares. All develop s 'll be ly evaluated for their impact on the appearance a the rst impres 'cast on visitors and passers-by. The desi a ed are s, uses and ~ ' "es, and development standards for this a istri a provided i Subsection 3.8.1, GCO, Gateway Co ay Distri b. GRO Guadalupe River Overlay Distric This overlay district alongd adjacent tot uadalupe River is intended to promote the pl~~i'~nt and appro t se of land in a manner that is visually comp~tibP`nviron n Ily sensitive to this recognized community asset a,~d si ni ~a ral resource. All '" developments~f#~in the bound' ri s of thi~~strict will be closely evaluated f~~.~the react on wa,r quality and the general river environs as well as~h'eir contf'tiution to the esthetics of this highly valued and pristine ivr~ e-•rridor he design ed'areas, uses and activities, and developmenT~ d rrtlais o ay district are provided in Subsec°tior~3.8~~R0 tea' ~ upe River Overlay District. c. DO H stay c ow own Overlay District ~- his overia 'ct isi ed to protect against the encroachment of compatible u ;toe - urage uses that will lead to their continuance, s rvanon an _ pr vement in a manner appropriate to the pre tion of cultural, social, economic, architectural or arche - ical h age of Kerrville; and, to assure that new structures and uses wi istrict will be consistent with and compatible to the .character a preserved and enhanced. The designated areas, uses and activitiees, and development standards for this overaay district are provided in Subsection 3.8.3, HDO, Historic Downtown Overlay District. d. AO Airport Overlay District This overlay district is intended to protect the integrity of the Kerrville- Kerr County Municipal Airport, its airspace and its environs. Its intent is to reduce the safety and noise hazards associated with aircraft flying within the airport control zone. While the major control is on height, with permitted minimums increasing with distance from runways, it also limits some types of uses. The designated areas, uses and activities, and development standards for this overlay district are provided in Subsection 3.8.4, AO, Airport Overlay District. -- - _ - - ~_ ~= - -_ PUBLIC_HEARINC bRATFT =3115 Artic% 2: Zoning Districts Kerrville Unified Development Code ,~. j. All property owners in a planned development shall have access to the open space by means of a public or private street or all- weatherwalkway in an easement with a minimum width of twenty (20) feet. k. In appropriate circumstances the City may require a reasonable performance or maintenance assurance device to assure the retention and continued maintenance of all open and recreation space in conformance with the development plan approval. 3.7.10 Development Density A dross density averaging between five (5) and ten (10) dwelling units per acre shall be allowed for planned developments, as established by the Comprehensive Plan. Five (5) to seven (7) dwelling units per acre shall constitute the den .. entitlement of projects which meet the minimum develop standards pursuant to this UOC as well as the special finding hired before a development plan may be approved in er ~ vide an incentive for design excellence. Criteria fors ~nsity i - ents shall include preservation of natural fe a hat enhan th-the specific development and the mun' including tr s nic points, sensitive hiNsides, vi 'dons, ique geologi formations and other community Atfiicte 3: -Use Regulations 3.8 Overlay District Regu1'.#pns The following overfa disfric _ ted forth rpose of imposing Gross density refers io the s ecial re ulations in desi n ed ar~ae to accom IISh the total numt~er of dweuing units P 9 9 ~ P divided by the total project area, intentions of th mprehensi~ Pan. ~r~ay districts are intended to expressed as gross dwelling protect the a sfhetnd visualiaracter d~lands within Kerrville units per acre. adjacent i0~ie majbr~~adway cdr~dors, along the Guadalupe` River, within ttfe fii" t~r~c do ~ town, and nt to the Kemrille Municipal Airport. This _ 'nte d to accomplish the stated .purposes - tt~aj;raf+ orth teach - district in this Article. ~ - , e overlay 'cts s ~~ in addition to, and shall overlap and slay, alt oth onin istricts within which lands placed in each i also lie, at any parcel of land lying in an overlay district shall also one o ore of the base zoning districts provided for in Sectio . , B e Zoning Districts. ,All development propQSed within these dis hall be subject to the procedures, standards and guidelines pecified in the following sections, in addition to those standards pertaining to the particular base zoning district(s) in which the development occurs. In the event that any land(s) lie within two (2) or more overlay districts, the requirements of the most restrictive overlay district shall prevail. The most restrictive to least restridave overlay disticts shall be (in order): Historic Downtown Overlay (IiDO), Airport Overlay (AO), Guadalupe River Overlay (GRO), Gateway Corridor Overlay (GCO). Authori -Notwithstanding the exemptions outlined below, prior to proceding with development, all proposed development activities located within any overlay district shall be reviewed and approved as follows: - - -- - _ - 1-- _ _ __ - - ., _ ~. _~ _ - - - - - PUBLIG#-1EARING DRAIFT ~1~51p Overlay district refefs io.-a district established by ordinance to pn;scribe special regulations to be applied to a site in combination with the underlying orbase-zoning district. Article 3: Use Regulations Kerrville Unified Development Code a. All new development on a lot(s) or tract or, on a developed lot(s) or tract, additional structures ,accessory uses, parking, and/or vehicular storage areas and/or additions to said items that increase the total square footage of all said items on a lot or tract by more than twenty five (25) percent cummulative from the effective date of this UDC shall be reviewed and approved by the Planning and Zoning Commission. Any changes shall also receive approval by the Commission before proceeding with development. b. On a developed lot(s) or tract, additional structures, accessory uses, parking, and/or vehicular storage areas and/or additions to said items that increase the total square footage of all said items on a tot or tract by less than twenty five (25) percent cummulative from the effective date of this UDC shall be reviewed and approved by the Administrator. Projects reviewed and denied p ~ ~. Administrator may be appealed to the Planning and Zone ~~ ommission. If a portion of an overlay district will not be bible ~p public roadway,adjacent residential develop o~the Gina upe River once the project is completed and the surr ~ riding area is bui ,the Commission may waive the speci ,, quirem nts of this A ~c~er only that portion of the development. n a ' 'on, re unreasor~ le or impractical situations would result fro owing requirements, alternate methods of com,Fiance may be ~-M_. pted by the Planning and Zoning Commission and armed by the C~t~~-° ouncil. , Development Activity - There"sh condition of the lands, uses or~1 the date of e~a'~' merit of this UQ Articles of~hrs UD'lew stand UDC shat pplie~o building developmen der ildj~,g pen UDO~xcept asav otber~ . E e aftera~on of the existing ure `the Overlay Districts from excepts s provided by this or other- is effective upon the adoption of this I i 'ons, expansions and new ssued -after the effective date of this provided for under the provisions of Ited an ~'ohibit ~. • ses - No building, structure, or land shall be and nob ding of structure shall be erected, constructed, ~tructed, ~~ed or altered within the overlay districts except in ce wi ; fthe Use Table included in this Artide and the other ~ti ~sincl ded in this UDC. These reg~ations are supplementary to the permitted uses and requirements for the appropriate underlying zoning district(s). Uses prohibited in the underlying zoning districts are also prohibited_in the Overlay Districts, unless otherwise allowed by recommendation of the Planning and Zoning Commission and accepted and approved by the City Council. Except as otherwise provided in this Article, the requirements and standards of the underlying districts apply. Exemptions -The Overlay District regulations contained within this Article shall not apply to the following: a. Single family detached dwellings and two family dwellings on individual lots; Page 328 PUBLIC HEARING DRAF? - 3!15/04 • • Kerrville Unified Development Code Approval Required - An approval by the Planning and Zoning Commission shall be required for all activities specified in this section, whether a building permit is required or not. Any building permit not issued in conformance with the provisions of this Article shall be invalid. Furthermore: a. No exterior portion of any building or structure, incuding but not limited to walls, fences, light fixtures, pavement or other appurtenant features, nor above ground utility structures, nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within the district until after an application for historic district approval has been submitted and approved by the Planning and Zoning Commission. b. Approval shall be requested and granted for changes to any exterior features, which shall include the a itectural style, general design and arrangement of the • eno f a building or structure, including the kind and textu ~ e building material; the size and scale of the building; nth and style of all windows, doors, light fixtures, si ns, nd of purtenant features. c. Approval shall be requeste._ ~d granted for Chang: to outdoor advertising signs, indudip ~ t not ~ ited to, their' material, size, color and ioca d. The City and all public utilities a required to obtain approval from th tanning and Z ~ Commission prior to initiating any Chan a the appear r~ of street paving, street width, utility installs emovals, lg 'tit, street trees, walls, fences, sidewalks, o xte uildins~`or structures on property or streets in . is a ve nterest. e. The inuance of - rk or the ack of progress toward achieving - ptiance wi the historic district approval: for a ptt~of on h) year sha re der the approval null anki void and of ni5~ect.- - Article ,3: -- Use Regulations ~thinq in this section shall be construed to a. The ~ ary penance or repair of any exterior architectural ~ feature j~ich des not involve the change in design, material, or other a arance. e co coon, reconstruction, alteration, restoration, moving, e lion of any feature ff the Administrator has certfied in to the Planning and Zoning Commission that such action is quired to protect the public safety because of unsafe or dangerous conditions. c. The ordinary maintenance, repair or replacement of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs, street light fixtures, etc. and repair or replacement of such items in the event of equipment failure, accidental damage or natural occurrences, as long as the work does not involve a change in design, materials or other appearance. Prevention of Demolition by Neglect of Buildings and Structures - The exterior features of any building or structure, including walls, fences, light fixtures, pav_ement~ paths or any other appurtenant feature, or any type of outdoor advertising sign found to have significance within the Historicflowntown Overlay District shall be _._ - _- = -_ -- - _= - - - _- .~. ~~ ~ _~ .: - = PUBLIC NEARING. DR Article 3: Use Regulations -irport hazard refers to any traduce or object of natural rowth on or in the vipnity of an itport, which obstructs the hspace required for the flight of ircraft in landing or take-off or otherwise hazardous to the ending or take-off of aircraft. Kerrville Unified Development Code preserved by the owner or such other person who may have legal possession, custody, and control against decay and deterioration and kept free from structural defects. The owner shall, upon written request by the City, repair exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration, including but not limited to, any of the fallowing defects: a. Deterioration of exterior walls, foundations or other vertical support that causes leaning, sagging, splitting or buckling; b. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting or buckling; c. Deterioration or crumbling of exterior plasters or mortars; d. Defective protection or lack of weather protection for exteriorwall and roof coverings, including {ack of paint weathering due to lack of paint or other protective coating; e. Rotting, holes, and other forms of de f. Deterioration of exterior stairs, por es, h , drails, window and door frames, cornices, entablatu s, all fa ,and architectural details that taus a ination, tability, toss of shape and form, or crumble ; g. Heaving, subsidence, or > 'ng of ewalks, ste pathways; h. Deterioration offences, gates a cessory structures; and, i. Deterioration of a x~r exterior featu o as to create or permit the creation of any h ~"f•.dous or unsafe - ditions to life, health, or other property. 3.8.4 AO, Airport Overlay Disti`ict This Airpolr~~7,,.v~~irlay distrlct~~establist~~d to prevent the creation or establis`~ment ~f~obstructions=or land uses that are hazards to air navig~ there` protecting Yhe~lives and property of the users of the Kerrn u tie' .aLAirport, a property and occupants of land in ~~ cin'Ity '" the"p 4~, stment in the airport. This district is u e tende o rovide i-or the safe landing, take-off and mane g of eft~n accordance with Federal Aviation Administr~ (FA~tandards. fitted Uses -Permitted principal uses, conditional and speaal us nd ~ ssory uses shall be those within the underlying zoning distn et forth in the Use Table, provided that no use shall be made ~g. and or water within any zone established by these regulations in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eye of pilots using the airport, impair visibility in the vicinity of the airport, attract birds or other concentrations of wildlife, or otherwise in any way create an ai rt hazard or endanger the landing, take-off or maneuvering of aircraft intending to use the airport. Area ReQUfations -Dimensional requirements such as lot size and building setbacks shall be governed by the underlying zoning district(s) as provided for in Article 4, Area Regulations. Height requirements shall be governed by the development standards - - - - -- -- ~~ Page 338 PUBLIC HEARING DRAFT- 3115/04- • Kerrville Unified Development Code L -~ below, but in no event shall the height of any structure exceed the maximum height permitted by the underlying zoning district(s). Development Standards - In order to carry out the provisions of these regulations, there are hereby created approach, fransitional, horizontal and conical zones, which include all the land lying beneath the approach surface, transition surface, horizontal surface and conical surface, as shown on the Official Zoning Map. An area located in more than one (1) of the zones is considered to be only in the zone with the more restrictive height limitation. The various zones are established and defined as follows: a. Precision lnstrument Runway Approach Zone -Approach zones are established beneath the approach surface at the end of the precision instrument runway for airport landings and take-offs. The inner edge of this approach zone corcides with the widths ~~_.~: of the primary surface and is one thousat?~.(1,000) feet wide. The approach zone expands outwafd~uniforr`rily to a width of sixteen thousand (16,000) feet at_a f~`orizonta~distance of fifty thousand (50,000) feet from the primary surfac~'e .its certerline being the continuation of the centerline of the runinray b. Transitional Zones - These zones are=hereby established as the area beneath the transitional~urfaceadjacent to the runway(s) and approach surfaces as indi ated on the Official Zoning Map. These surfaces extend outward an~=upward at ninety (90) degree angles to ttie'iunway centerline and~the runway centerline extender ,a~alope, of seveti`~7~~°feet horizontally for each foot vertically from the~sides.of the-primary and approach surfaces to where theyinte'rsect the`tZOrizontal and conical surfacesTransitional zones for those portions of the precision a.s,~. approach zones, which project through and beyond the limits of 1h~e~conical surface, extend.a,:distance of three thousand (3,000) feet t~d~onzontal{yrom the edge of the approach zones ,~~#~~and at ntne~ gre>=-angles to the extended runway. c. °Hor¢onta~I~Zone -The horizontal zone is hereby established as -4Y: the~rea bene~ to a~iorizonta! plane one hundred fifty (150 eet abovee esta"b~isFied airport elevation, the perimeter of which is establi ed by~s"winging arcs of ten thousand (10,000) feet radii (~~~ from th enter of each end of the primary surface of the ~~~~ . I ~~~unway ~ ,and connecting the adjacent arcs by drawing lines '~ ~. ~c a ,~ o those arcs. d. Con`~c"al Zone -The area beneath the conical sun`ace extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. Height Limitations - Except as otherwise provided in this Article, it is unlawful for a person to erect, alter, or maintain a structure or to allow a tree to grow or be maintained in any zone created by these regulations to a height in excess of the applicable height for each zone, established as follows: a. Precision Instrument Runway Approach Zone -Slopes upward fifty (50) feet horizontally for each foot vertically beginning at the end of and at the same elevation of the primary surface and extending to a horizontal distance of ten thousand (10,000) feet PUBLIC HEARING DRAFT - 3/15104 Article 3: Use Regulations Approach, transitional, horizontal and conical zones apply to the area under the approach, transitional, horizontal and conical surfaces defined by Federal Aviation Regulations (FAR), Part 77. Approach surface refers to a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in these regulations. The perimeter of the approach surtace coincides with the perimeter of the approach zone. Precision instrument runway refers to a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS}, a Microwave Instrument Landing System (MILS), or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved Airport layout plan (ALP) or any other planning document. Horizontal plane refers to a surface that is one hundred fifty (l50) feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone. Conical surface refers to a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. Page 3 39 Article 3: U~.e Regulations .irport elevation refers to the ighest point of the airport's sable landing area measured i feet from the mean sea level. Page 3-40 Kerrville Unified Development Code from the end of the primary surface, then rising one (1) foot in height for each forty (40) feet horizontal distance for an additional forty thousand (40,000) feet. b. Transitional Zones -Slopes seven (7) feet outward for each one (1) foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the aimort elevation, which is 1,616.7 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each one (1) foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the horizontal and conical surface. Where the precision instrument runway approach zone projects beyond th nical zone, there are established height limits sloping sev .`feet for each one (1) foot upward beginning at the sides nd at the same elevation as the approach surface, e e .ding to a horizontal distance of five thousand (5,000 fe meas rat ninety (90) degree angles to the extended a cente i c. Horizontal Zone -Establish at one hundred fib`, . 50) feet above the airport elevatio a heig ~ t of 1,766.7 fe ~ ve mean sea level. d. Conical Zone -Slopes twenty ,e"et outward for ach one (1) foot upward begi Wing at the peep e~y of the horizontal zone and at one hundre I (150) feet a o the airport elevation and extending to a el three hun ~ ~. fty (350) feet above the airport elevation, r fi~ eet above mean seal level. Exceoted.Ho~ght Limitation~;~This Ar~icl~ does not prohibit the constru~on ora~iaintenance~of a struc~ure or the growth of a tree to a he~q less t~~n thirty fiv 35 feet above the surface of the ground t ~y za.._ Noncflnformin - ~1 es - A`person must apply for a permit from the Ci ~ eplae~building, or substantially changing an existing n - nfo E~ use. The City shall grant the permit, unless the replace ° nt, r wilding, or substantial change would allow the n conform use to become higher than it was on the effective ~~f this~C, or become a greater hazard to air navigation than it was ai~,the ffective date of this UDC. Variances -Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with these regulations, may apply to the Board of Zoning Adjustment for a variance of these regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application and enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this UDC. PUB~1_C HEARING -DRAFT = 3/15104 Kerrville Unified Development Code Article 5: ~--- General provisions shall not apply to uses that are accessory to uses Development permitted by right in a residential district. a. Setbacks from abutting side and rear lot lines -Development on Standards lots adjacent to the side or rear lot lines of lots in any residential Regulations district must observe the minimum setbacks for the abutting or adjacent reSldentlal dlStrlCt. Recreational use refers to a b. Front setback -When new development occurs on lots adjacent land use conducted outside of a to the side lot line of a lot in any residential district, the new building, characterized by development shall observe the same minimum front setback that Potentially moderate impacts on applies to the residential district lot for a minimum distance of traffic, the natural environment, and the surrounding fifty (50) feet from the residential district lot. In such cases, no neighborhood, inducting athletic buildings, parking spaces, loading spaces or trash enclosures fields; miniature golf; may be located within the required setback <~~ skateboard park; swimming, c. Accessory use setback - No swimming pool recreation center, batning, wading and other therapeutic facilities; tennis, athletic court, play surface, ball field, play~r'ound area or similar handball, basketball courts; and recreational use shall be permitted wit~a~in fiffy,(50) feet of any batting cages. residential district or use. d Parking setback -Parki d l a~n p t b ha ~ . ng an o g s aces s o e ~ located within fifty (50) feet of~aliy residential district a~clushall be completely screened from iitn%t=which ii~ay include wing wads, ~~ Sign area refers to the area ~ ~ landscape screens or other arch ~~e tur t~ments. ,;~ ~ within a continuous perimeter e. Building height -Any nonresidenf'l~a~'~ ure within one hundred enclosing the limits of writing, (100) feet of a residential district or t~'se $hall maintain a representation, emblem, or any . maximum height equal~o the maximuii~a~towable height in the figure or similar character, together with any frame or other residential district. ~'`~^'~ ~~' ~ ~ " material or color forming an integral part of the display or f. Noise from Speaker or Annot3neement Sy s e ms -Any use ..~. used to differentiate this sign containing individual service~speaKetis~sh~ll not be permitted from the background against within one hundred fifty (150) feet of a y residential district or ~` - ~ ~~ which it is placed, excluding the use unless tF~e,speakers are directed in such a manner so as to ''~ ' necessary supports or uprights s = E?~=-. ta"~ r~tittgate any tse impacts ~ n nearby residential uses, in d h S b i n~ - on which the sign is placed. The calculation for adouble- accor ance wt u s sect o 9 . .1, Noise. Any use containing bli a' ~ faces sign shall be the area of c r„~paging;~s~!s ems shall not be permitted within d~- ~Rpu ~ fj e' e t ~ one face only. Double-faced si ns shall be constructed so -_« ~~ ~ , ndre ~. 500) f e of any residential district or use unless ~ g Se `ied by - rteflal roadway. ~~ ~ that the perimeter of both faces coincide and are parallel and , ,. '~,~: ~~ .. , .:, 5.7 ~%gn Regula 14 s . not more than 24 itches apart. Thurpose of th;i~ section is to provide uniform sign standards that promo - qtr, safes of persons and property, provide for an efficient ~ transfer ffprmation in sign messages, and protect the public welfare by enhancln~ fhe appearance and economic value of the landscape. ~ Sign refers to any device 5.7.1 Applicability including, but not limited to, This Section applies to all signs within the City's corporate limits and letters, words, numerals, figures, emblems, pictures, or its extraterritorial jurisdiction, as defined by Chapter 42 of the Texas any part or combination thereof, Local Government Code, as amended. used for visual communication intended to attract the attention 5.7.2 Signs Allowed Without a Permit of the public and visible to the Public right-of-way or other This Section does not a I to the followin t es of si ns, rovided PP Y 9 YP 9 P properties. however, they shall remain subject to placement, construction and electrical standards as specified by the applicable code(s): a. Government signs, not exceeding thirty two (32) square feet of sign area, that are erected or maintained pursuant to and in PUBLIC HEARING DRAFT - 311510(4 Page 5-31 Artic% 5.• ~. Genera/ ~~e%pment .,tanda~ds •rmanent sign refers to a ~grt oo~struded of durable Materials and intended to exist x the duration of time that the se or occupant is located on ie premises. ort~+^-sign refersto a sign fio: opal supporting tract, intended, by design nd co~._..uction, to be used by 3sting upon the-ground for ~~ppoR end may be easily aved or relocated for reuse. ortable signs shall include, but ne not limked to, signs aunted upon a trailer, bench, fieeled carver, or other non- ~otorized structure with or ithout wheels. Kerrville Unified Development Code discharge of any govemmental function, required by law, ordinance or governmental regulation, or located on property owned, leased or under the control of a govemmental entity. b. Private traffic control signs that are free-standing, do not exceed six (6) square feet in sign area, contain no advertising, and which are intended solely for the purpose of directing the movement of traffic, warning of obstacles or overhead clearances, andlor providing directions to parking areas, entrances, exits, drive- through windows, or similar directions. c. Utility and hazard signs marking utility or underground communication or transmission lines and hazards. d. Real estate signs advertising the sale, lease or rental of the premises upon which the sign is located, whi all not exceed thirty two (32) square feet in sign area exce~l`residential districts where the sign area shall note x (6) square feet. Real estate signs shall be Limited to 0~1) treet frontage. e. Political election signs, notwithsta 'n~ggT~exas Law or guidelines, providing that they a laced in blic right- of-way, shall not exceed thin o (32) square feet o n area in nonresidential districts a (6) sq re feet of sign rn residential districts and furthe pr end that they all be placed no sooner than six (li) wee -nor to the election and removed not later tt}an ten (10) day er the election. f. k. I. m. n. properties, societies fifteen (15) square f~ g. Vehicle signs displa un h. case forty or a tix~citocation to :ed historic are less than p n ; e~cles and trailers, rmar~ ntly stationed or regulaFty the same or similar purpose of a field side of scoreboards and mimed on poles, located on the same there are no more than six (6) flags and in no If~ (50) square feet of sign area or a height of business all be allowed only in multiple family and esi tial districts or developments. In all cases, these flags s restricted to twenty five (25) square feet in area, thirty (30 eet in height, and the number shall be restricted to no more than one (1) flag per development. Authorized si ns specifically approved in a planned development district. Public service signs indicating time and temperature only and having a sign acea of no greater than thirty two (32) square feet. Occupancy signs denoting the name and address of the occupants of the premises, not to exceed four (4) square feet in sign area. Incidental sign or bulletin board customarily incidental to places of worship, libraries, museums, social clubs, societies, or charitable organizations and which shat) be located on the -. _ Page 5-32 PUBLIC HEARINGDRAFT---3/1.5104 • • Kerrville Unified Development Code Article 5: .,_ General premises of such institution and which shall not exceed thirty two Development (32) square feet. Standards o. One construction sign per street frontage of a building which is under construction, structural alteration or repair announcing the Regulations enterprise or purpose for which the building is intended, including names of business entities participating in the construction, structural a-teration or repair, provided the sign area shall not exceed sixteen (16) square feet in residential districts and thirty two (32) square feet in nonresidential districts. p. One professional name plate not to exceed four (4) square feet in sign area. q. Outdoor machine, device or equipment sign, which display the trademark, trade name, manufacturer, cost, operating or service instructions, or similar information but do no{~advertise the business where located. This exemption`ir`~cludes signs on coin- '~P'. 1 ~ L operated vending machines, fuel-disPens~ng-{~u[~ps, telephone facilities, automatic teller machines.~ti~omotiv ~cuum ~ machines;evises or cleaners, amusement rides, and_~simllhr equipment. ,~=' `'_ .~~ r. Auxiliary sign attached to a~uilding or ` nopy or placec~~~~a window indicating general info'`';~a. ion,,~~h,~as pricing, cfedit t d d ff i l ti i n~ d b l aw, ra e car s, o ic a no ces or serv ce y i~e • Amortization allows a ees, rest rooms, exits and associations, or givn~C directions to~f~l landowner to recoup the value similar facilities. ~ :.~ ~ ~ of a nonconforming use within a `as jg'hts, containing s. Holiday signs and lidit~~incl'~ding Chris t ' Particular period of time. After •'~~ ~~ ter, only holiday messages~nd"no commercialdvertising. that time, the community can < ~ "' t. Garage Sales signs in re5lden~l81"Cil streets`°advertising the sale on force the owner to discontinue the use without the payment of the pl~emisPS upon whlch~th~ sign is located, shall not exceed six compensation. (6) square feet"nr one (1) per street frontage. ,~ $,,,;, t ;~ 5 7 3 P hlb' ' Projecting sign refers to a sign attached to and projecting out face or watl from a buildin . . ro t e gn~. ,~„~. ' o ' , g at right angles to the enerall ~1 tie pr hibited in the City of Kerrville. All signs listed~ ~ lowsti~ y g , Existing signs t at- all into`this category are subject to the ~ ~; ~~~ amortlza~'ron schedule as listed in Subsection 5.7.11, Amortization beyond the building. Schedule a• ~~~~~, ~ _ ~~t` ~. Encroa ng silts s or supports, other than those required by Illuminated sign refers to a governmental authority, those within the HDO, Historic ~ sign designed to give forth .. ~~1~` owntowj~Overlay district, or those for which a street license artificial light directly or through ~ 'Ali, e~ asobeen~tssued, which are located on or over the public right-of- : transparent or translucent material from a source of light ~~ ,a wa~iricluding public sidewalks, streets, alleys and parkways. within the sign, or a sign ~~, Thi~~paragraph shall not apply to commercial vehicles or trailers illuminated by external light lawfully operated or parked in such areas, except that this directed primarily toward the exception shall not otherwise be used to legitimize the use of sign and so shielded that no direct rays from the light are advertising vehicles and trailers or portable signs prohibited in visible elsewhere than on the lot this Section, neither shall this Section apply to those prolectinq where the illumination occurs. signs allowed in the multiple family residential and commercial districts, except as prohibited by State law or other guidelines. b. Motion signs that revolve, rotate, whirl, spin, or otherwise make use of motion to attract attention, excluding flags, pennants and barber poles that have a turning, striped cylinder, which does not exceed forty two (42) inches in height and which otherwise meets the requirements of this UDC. c. J/iuminated signs, from within or without, which: PUBLIC HEARING DRAFT - 3/15/01 Page 5-33 Artic% 5.• Genera/ ve%pment .tandards )bsolete sign refers to a sign cat is no longer valid, useful or g~ctioning. 'avant refers to lands or uikiings that are not actively sect for any purpose. •nipe sign refers td an off- remise sign that is tacked, ailed, posted, pasted. glued, or thennrise attached to trees, oles, stakes, fences, or to ther ot~jects. loner-sorming sign refers to sit fully erected and gain I prior to the adopting f this _.,de that does not onfonn with the requirements f this Code. Yall sign refers to a sign counted flat against.and rojecting less than 14 inches ~otn, or painted on the wall of, a wilding of structure with the xposed face of the sign in a lane parallel to the face of the .gall. .caning sign refers to a sign cat is either attached to, affixed ~, or painted on an awning or anopy and not exceeding bd quare feet in sign area. Kerrville Unified Development Code d. e. f. 9• h. I. 1- k. I. 1. Are illuminated to such intensity or without proper shielding so as to constitute a hazard to the operation of motor vehicles upon a public street or substantially interfere with the reasonable enjoyment of residential property; or 2. Have any type of intermittent illumination, including flashing, fading, revolving or blinking lights, or any type of moving, traveling or changing message by means of lights or illumination, except for signs that display time and temperature. Misleading signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of emergency or road eq~nt vehicles or which hide from view any traffic or street sjq&~; signal or device. Sound bearino signs that emit any fornn nd or detectable noise. Emergencv access sions other tha en ance, r directional fire escape notices placed in an s ape, or tamer on any fire escape door or window g' g access to a fire ese. Obsolete signs that are loca n prop that becomcan and is unoccupied for a contin f twelve (12~rtonths or more, or any sign that pertains ated event or purpose which no longer apes. Signs on motor vehicld"s:ort"ratlera en stlefi motor vehicles or trailers are parked in a than r or Iti"ort visible to traffic assi n a on ~ p g~g_a primary aerial, secot)'~ary arterial, and/or colle~tor stre ts~, as definedn the Kerrville Comprehensive Plan, ~ # enga ~ in, or not i inently awaiting, the loading or unloa'Yt ~ of olnto or fro uch motor vehicle or trailer, to die en at . e : o:. hor trailer si n is bei used as ~cs~.. ~ r 9. n9 dvertis~ evice~ S~ ns - ted without the consent of the City. /None-~~.rmin that do not comply with this ArtiGe or other City Of II~,~ICeS. that violate the sight visibil'Ity regulations of this O. P• q- r. s. Awf r~iig signs that are located on or is part of an awning if the awning contains any form of interior illumination that is intended to or has the effect of making the sign more readily visible from a public street. Illegal signs that have been or are erected, altered, repaired or relocated without having received an applicable permit, certificate or approval, and without being erected, altered, repaired or relocated in conformance with the applicable building and electrical codes of the City. Signs in the right-of-wav. Pennants not attached to a building, extended over parking bts or other open areas, or in any manner supported apart from a building. - - - _ __• - Poge 5-34 __ PUBLIC HEARING DRAFT - 3/15104 • • l Kerrville Unified Development Code t. Balloons or other qas filled objects 5.7.4 Permitted Signs The following signs are permitted in the relevant zoning districts, subject to all standards and requirements of this Article, and subject to application for and receipt of a sign permit: I _ , I _ _ - - ~ . ~ - ~ I .:: ~ p ~ N w a ~.7 ,Icy ~...-'1 ~ + }- ~~ ~ ~ : ~§~ ~'~'S~ ar 00~~> c7' w w u.. i~ u. u. ~ _ Q cn v) rn cry ~ ~~ ~ ~ U f~ v(U (U Z ~, J ~ -~ a D ~O~ (g ^00 a FCC ~ o ,pt C7 = ` y~ V l, ~t ~ Attached Wall X~ X X X X, ;° `X` -X X X X X' Banner ~ ~x~x~ x~ x~ x~ xf =~ ~.) ~X~ X~ X~ X~ Free-Standin ~ X ~ X X FX~ ~X Xr •_ ~HomeOccupation ~X~X~X~X~ X~X~ (X~ X ~ ~ ~ ~ ~; ~ ~ ~=~~X~ X ~X~ X~ Monument ~ ~ I ~ ~ ~ X ~ X! X ~ X (~=~~ `~CC~ ~X X X X X~ =X ~ X ~ X ~ X ~ AOdvertis n9~ ~ I I I I I~ t; I ` ~ sX I X I } I:,X I X I I ~~ `~ <` I ~ Pro'ectin X X X (~i~C rX ~ ~ X X X ~~( ~ _X Subdivision ~ ~X~X~X~ X~X~X~X ~ ~ ~~ ~ ~, ~ ~ ~ ~X ~X (X ~ ~XI ~,. ~. ~~ ~ . 5.7.5 Sign Standards ~~~`~ ~ ~° For purposes of applying tht?se requiations, all signs are defined and classified according to their physical characteristics. All signs shall comply wifh`tte~rriaximum area; height, setback and other allowances provided in Sectior-5.7.6, Sign Specifications. The followlrig r~.e~qulatio s apply: F~~~. a Attached,~,~wal~.,slgr~sshall~ r ~ 1 •-~.Be arallel to the face!of the buildin and not cantilevered r - P 9 ~ ~~z x » ~~ ~- ,~ away frorj~ the structure. a _~~. 2 No't:extend mofe_~#han one (1) foot from any exterior building - ~~~~_ .m ~ face ~mansaid; awning or canopy. ,;~~z ~ ~~ 3. Not obstruct~ny window, door, stairway or other opening .~~: `~~ ~., intended for ingress, ventilation or light. k~ b `:i~Banner signs shall: 1~;ta:Cover a portion, completely contained within and lying flat ragalnst an outside wall of a building or a wall or fence `located along the perimeter of the property, provided such wall or fence extends along more than fifty (50) percent of the property perimeter, or a substantial part thereof. 2. Remain in good condition and without torn or tattered portions, subject to the provisions of Section 5.7.9, Maintenance. 3. Have a maximum area of all banners on a property or building site of no greater than eighty (80) square feet, in accordance with Subsection 5.7.6, Sign Specifications. 4. Not exist for a period in excess of ninety (90) days in any calendar year. c. Freestanding signs shall: PUBLIC HEARING DRAFT-3/15/04 Article 5: General Development Standards Regulations Mansard refers to an extension of an exterior wall or roof projection of a building that is architecturally integrated into the building design. Banner sign refers to a sign with or without characters, letters, illustrations, or ornamentations applied to Goth, paper, flexible plastic, or fabric of any kind with only such material for backing. Perimeter refers to the aggregate of the lines surrounding a property or building site. Freestanding sign refers to a sign that is attached to, erected on, or supported by some structure that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. Page 5-35 Artic% 5.- .--. Genera/ ~~e%pment standards of refers to a parcel of land ccupied or intended for ccupancy by a use permitted y this Code, including one gain building, together with any ccessory buildings, open paces, and parking spaces squired by this Code and ~aving its ,principal frontage pon,a street or upon an ~ffiaally approved place. tome occupation sign refers ~ a sign. containing only the game and occupation of a ~emiitted home occupation. tesident refers tq one who. wee and usually works in-the rncinity; :not a visitor or transient. Aonument sign refers to a nresfarting sign.supported Kmarily by an internal :tnictriratframework .or ntegrated info landscaping or ~ther5olid structural.features rther thanaupport poles. ..., Nt 'se sign refers to a ;ign , asing a use, facility, :enrice, or product that is not xated, soled, or manufactured u;ihe same premises as tFie agn. 'rojecting'sign tefers to a sign rltacFteitoand projecfing out nom a building face br waU, ieneralljr=at'right anglesto the ruildng: toof~signrefers;fo a t;ign that s mounted on the roof of a wilding ~r that is wholly. fependent-upon a-building for :upporE and projects above the Highest point of a building with a tat roof, the eave line of a wlding with a gambrel., gable, x hip roof, arttie deck line ofa wilding wi{h a mansard roof. iubdivision sign refers to a :ign that is freestanding or wall :ign with permanent concrete oundation or moorings, lesigned for permanent ~ent~cation of a subdivision, rnd where adequate provision s made for permanent naiptcmance. Page 5 36 Kerrville Unified Development Code 1. Be allowed one per lot or shopping center with the exceptions noted in (2) through (5) below. 2. Be allowed to be exchanged for monument signs with an equivalent amount of sign area, conforming to the maximum allowances permitted in Subsection 5.7.6, Sign Specifications, including the minimum separation between signs. 3. Not be located on a iot that is less than fifty (50) feet in width, unless two (2) oor more lots are combined to form a lot that exceeds fifty (50) feet in width, in which one freestanding sign is then permitted. 4. Be allowed to have one freestanding sign on each of the two parallel street frontages of a double fronts ` ot, provided the signs meet the separation require~r~~e.n s between signs as provided in Subsection 5.7.6. Sign~Specifications, and all other requirements of this Seen 5. Be considered to be more tha n~1) fre ding sign where two or more panels h arate sup ~ _ extending to them, even where only a main support exte ~;to the ground. d. Home occupation signs shall: 1. Be permitted for a legal home - pation provided a maximum of o e (1) sign is allow n the building or porch of a residence. o ermit, certifi - approval is required. 2. Contain only the a d occupatio a resident. 3. Be attached direct ,to a of the b riding or porch and project not more th i;:-ty o ~4~~ inches beyond the bu'll~"~ 4. of exc~e~ two (2) squ re feet in area or be illuminated in y way. e. Mon t si_ .shall: Be ~ ~ir~~~~~'~te .cdlored masonry or other materials irnil a buildings) constructed on the property and ed o four (4) sides by, at a minimum, six (6) inches o 've co : masonry, or other material similar to the buil (s) -strutted on the property. 2. Be trusted flush with the ground or a maximum of twely 12) inches above the adjacent grade. f. rera a si ns shall: 1. - nsidered as the one (1) freestanding sign allowed on y lot. Any existing or future building located on the lot shall not be allowed to erect or place another freestanding sign on the same lot with the off-premise sign. 2. Not be placed on a platted lot that is less than fifty (50) feet in width, unless two (2) or more lots are combined to form a lot that exceeds fifty (50) feet in width. 3. Not be placed on an unplatted lot. g. Proiecting signs, which include awning signs, shall: 1. Be allowed to extend over a sidewalk, but shall remain a minimum of two (2) feet from the face of the curb. 2. Have a minimum vertical clearance of eight (8) feet above the sidewalk surface. 3. Not extend more than five (5) feet from the building facade. PUBLIC HEARING DRAFT = 3115104 Kerrville Unified Development Code 4. Not be more than three (3) feet in width from the edge of the sign nearest the building facade to the outside edge of the sign, measured perpendicularly to the building. h. Subdivision signs shall: 1. Be permitted upon private property in any zone to identify multiple lot subdivisions or to identify distinct areas within a large subdivision or a multiple family or multi-use development. 2. Be located on the premises as identified by a preliminary plat of the subdivision or, in the instance of an existing unplatted development, on a master sign plan. 3. Only be permitted at the intersection of two collector or arterial streets at the perimeter of the subdivision. At each intersection, either one (1) or two (2) s~td~vison signs may be permitted as long as the total sign~ea does not exceed ,~~ ~rr~_ thirty two (32) square feet. ~~ t',~~ 4. Allow indirect lighting without o .tica~effectsyx~oving parts or alternating, erratic or flashin gaits.'` ~" "~~: 5.7.6 Sign Specifications fk The table on the following page;-summarizes he sign stani~a~ci Article 5: General Development Standards Regulations - .. .- ~ - -. -. -• Attached (Wall) 24 SF i 2 Per 1' of wall ' Refer to district 1 per frontage or 1 heigh~ re ulations per buildin tenant 1 from top of Refer to district 1 per building Banner 80 SF building wall or fence regulations frontage Freestanding 1 per lot + min. 50' - Lot width = 50' 100 SF 20' 10' separation < 199' between si ns --~ 1 per lot or -Lot width = ' commercial center 200' < 399' 150 SF 20' 10' + min. 60' separation between si ns _. _._ _ 2 per lot or -Lot width = 150 SF + commercal center 400' + 100 SF fora 20' 10' + min. 70' second sign separation between si ns Home _ Refer to district 1 per Occupation J 2 SF ~, regulations dwellin unit 1 per 150' lot Monument 64 SF 8' 10' frontage if no freestandin si n Off-Premise Platted lots only, Advertising 100 SF 20' 30' not on wall or roof, - Lot width = no other sign 50' + ermitted on site Projecting _ Min. 8' above 2' from curb face 1 per building or sidewalk ~ ~ tenant Subdivision ~ 32 SF ~ 10' ~ 10' ~ 2 per subdivision PUBLIC HEARING DRAFT - 3h5/~4 ~ Page 5-37 Artic% 5.- Genera/ ~~e%pment ~tandards Kerrville Unified Development Code 5.7.7 Master Sign Plans All signs on properties containing multiple tenant buildings, planned development and large subdivisions, including any existing unplatted subdivisions, and all multiple building or multiple occupant commercial development shall comply with a master sign plan approved in accordance with the procedures in Section 8.11, Sign Permit or Master Sign Plan, as well as the applicable requirements of this UDC. a. Master Sign Plan Reouirements: 1. All individual signs of a similar type and function within a development shall have a consistent size, lettering style, color scheme, and material construction,,,~pt trademarked signs. 2. All signs shall meet the size limitati~r cation requirements, and other applicab eequt ents of this Article. '~ b. Effect: After approval of a mast Ian, or an ended master sign plan, no sign sh erected, placed, p _ , or maintained, except in acco - with~uch plan, and Ian may be enforced in the same s a ovision of tt~s UDC. c. Conformance with New or Amen aster Si n Plan: Signs that do not confom~to a new or ame - d master sign plan shall be brought into com liarice within the i - e pecified in the approved master sig a d. Conflicts: In case of a y con -pct etween provision of a master sign plan and one (1) or or ro ~.:nsibf this Section, the provisi - s~~this Section II contro :~ ~~ 5.7.8 Site ~~s b' ity No part o n shall be to ed within a plane measured from tw nd one' ~ ~. - 2~to~ei t (8) feet above the curb of an int"'~~ ersecting~side street if the sign face is located both within ) fe =the back of the curb of an access point and within fifte 15) fe ~f~e back of the curb of any street. Provided owever, if cce point is at a lower elevation than the street the Ad r istrator may require that the "no obstruction" plane be e ded to mound level within the ten (10) foot by fifteen (15) foot are rde o prevent traffic visibility problems. • • 5.7.9 Mainte~nce Every sign, including those specifically exempt from this UDC as described in Section 5.7.2, Signs Allowed Without a Permit, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports that are not galvanized or rust-resistant material. The Administrator, or his. authorized representative, shall inspect and shall have the authority to order the painting, repair, alteration, or removal of a sign which shall constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. _Page 5~8 . ,_ - --- - .. PUBLIC HEARING DRAFT "3!1.5/04 -- '- Kerrville Unified Development Code Article 5: General 5.7.10 Abandoned, Damaged and Discontinued Signs Development All abandoned signs and their supports shall be removed within sixty (60) days from the date of abandonment. All damaged signs shall be Standards repaired or removed within sixty (60) days. The Administrator shall Regulations have the authority to grant a thirty (30) day time extension where it is determined there is a reasonable necessity. Discontinuance of use Abandoned sign refers to any or removal of any nonconforming sign or any sign, whether sign that advertises a business, conforming or nonconforming, in connection with a nonconforming lessor, owner, product, service use shall create a presumption of intent to abandon the sign. A or activity that is no longer located on the premises where nonconforming sign that is damaged and not repaired within sixty the sign is displayed. (60) days shall be presumed to be abandoned. Damaged sign refers to any - 5.7.11 Amortization Schedule ~~~E- visible damage or destruction to •' °'r'-=:~ All signs shall be required to conform to the requirements of this any portion of a sign, including the sign face or support Section in accordance with the following: ,~'~:;, structure, whether caused by a. Those signs erected, placed, or recor~s~ucfeiir! accordance natural condition or another ~r with applicable City ordinances or the provisionsof_the Texas known or unknown cause. State Law or guidelines, prior to~ttie~~ftectlve date Qfahis Code, Nonconforming use refers to a and which are not in compliance with this UDC shall~e¢ use that was valid when brought ,. ~ ~ •~ ~ considered and deemed as;~egaJ nonconforming signs and~may into existence but, by ~. ,~_ be continued as such. Notwiths~andin fie{foregoing, tfje person subsequent regulation, becomes no longer conforming or entity holding the permit for an~u~ legal nonconforming . Nonconforming use is a term sign shall be required to obtain a ermlt;for such si nand p g used to describe 1) "~'-~. `~~r-x otherwise comply witi~ a ll ~equirements~of=this Code relating to nonconforming structures by , nonconforming signs`and`~ignstructures `-Legal nonconforming virtue of size, type of construction, location on land signs shall be kept in good repair and visual appearance and no , or proximity to other structures; -- structural alterations shall be made thereto. Notwithstanding the 2) nonconforming use of a above,ingthe event that mare than fift 50 ercent of the area Y ( ) p conforming building; 3) - - of a legal nonconforming sign is damaged, the sign shall be noncontorming use of a nonconforming building; and, 4) remov_e_ d, made to conform,=.br replaced with a conforming sign. µ ~~~~~ nonconforming use of land. Thus, any use lawfully existing -..,.Legal noacon'~ riot ~;~igns~-advertising a business establishment on any piece of property that is in violation of this Code will be a _ ~~whlch has been vacated~~iinety (90) days or more shall be nonconformin use. g dee~ted;to have=. ost their nonconforming status, and shall be 4~ removed~by the o~perty owner. ~~~t b. All signs recteda. laced or reconstructed not in accordance with a~a- th l bl Cit di Legal nonconforming sign . e app t e y or nances or the provisions of Texas State ~~'~ refers to an advertising structure ~, Law or guidelines, prior to the effective date of this code, shall be or si n that was lawful) 9 y erected `~`b`rought~n~o conformance with this Section. Any sign located and maintained prior to the withn°an ublic ri ht-of-wa shall be sub'ect to immediate Y P 9 Y 1 adoption of this Code, and which has subsequently come removal by the City. However, signs located on benches, trash under the requirements of this cans, or other structures in the public right-of-way may be Code, but does not now authorized by the City Council so long as the sign shall not completely comply. become a danger or nuisance to the public. c. For all areas not within the jurisdiction of this UDC, that may come within the jurisdiction of this UDC at some future date, the requirements and procedures of this UDC shall apply commencing on the date of annexation or the extension of the extraterritorial authority of the City. d. This section does not apply to structural or electrical defects in any sign which must be brought into conformance with the building or electrical codes. PUBLIC HEARING DRAFT - 3115104 Page 5-39 Artic% 5.• General ve%pment .,tanda~ds Kerrville Unified Development Code e. In order to qualify as a legal nonconforming sign, the sign shall meet the following requirements: 1. A valid permit must have been granted by the City for the construction or placement of the sign; and, 2. The sign must be constructed or placed in a manner that conforms to the prior applicable City code regulating the construction or placement of the sign,. in effect at the time of construction. f. At any time prior to the end of any amortization period granted for any sign, should that sign undergo a major repair or replacement, then the sign shall be required to come into conformance with this UDC. A major repair or replacement shall occur if the cost of repairing or replacing the si'`s more than fifty (50) percent of the cost of erecting a net?vv-signvf the same type at the same Location. g. The schedule of amortization establi in~°,~dnance No. 85- 59, Section 27, shall remain in full rc~and e~ and nothing in this Code shall be interpreted end the tim removal of signs which were in existen of the date of that 'ante. 5.7.12 Amortization in Event of Invalids ~` In the event any provision of State la orizing the prohibition, removal or alteration of ins after a pen f amortization is held invalid; or any provisionISection 5.7 Si n~ a ulations, or any regulation, action or deci ~ e under, is valid; or, any period of amortization is ear he - _ invalid en the amortization period for any sign invalidly ~amo i;?e b ny such law, ordinance eg ation, action orieCision, all be as determined by a ~~~~~ . ~. court o -law, or if p~udicial def' rminatiori is made, then the City ~. shall - e a b hard on sign tr Is in accordance with state law, and such rtiz ~o, eriod sh as determined by that board. 5.8 Food ectio ~ tandards Purpose This Sectio adopt for the purpose of promoting the public alth, safet d general welfare and to minimize public and private s due to ood conditions in specific areas by provisions a. r ife, health, and property; b. Min a expenditure of public money for costly flood control pr acts; c. Minimize the need for rescue and relief efforts associated with. flooding and generally undertaken at the expense of the general public; d. Minimize prolonged business interruptions; e. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; f. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to' minimize future flood blight areas; and, t --- - PUBLIC HEARINGDi~AFT_-~ 3/15f04 _ _ _' -- Kerrville Unified Development Code 6.1 General Provisions 6.1.1 Purpose and Intent This Article shall govern all subdivisions of land within the corporate limits of the City of Kerrville, Texas, and within the extraterritorial jurisdiction of the City as established by the Texas Local Government Code, Section 212.003. Extenstion of Rules to Extraterritorial Jurisdiction (ETJ), as amended from time to time. The subdivision of land is a major factor in the process of sound community growth and ultimately becomes a public responsibility in that the streets must be maintained and various customary public services must be provided. The welfare of the entire community is thereby affected in many important respects. Therefore, it is to the inte ~`st of the public, to the subdivider, and to the future owners the subdivisions of land be conceived, designed, and de a in accordance with sound rules and proper minimu d s~ The intent of this Article is to se a following p _ ses: a. Protect the .public health, ~ and welfare of qty and its residents; b. Guide public and private an ~ on in providin adequate and efficienttrans - a ,water, sewerage, drainage and ott,'~ .ublic facili r nd requirements; c. Provide the mos 'en 'al relatio i between the uses of land and building dad - tr~.tlatio raffic throughout -- the Ci rticularl b avoict~ estio n the streets and high , . ~~ . d to pro at~t a proper location and width of stree. s and wilding tin accordance with the City's .oroughfar an; d. lish r ` a le sta rds of design and procedures for sub s' n - i dons, in order to encourage the ~"~"c;r~lerl ut and use and; e. e p - r legal descriptions and monumentation of sub ed ' f. Ensu at p ~t: facilities are available and will have a sufficie ,pacify to serve the proposed subdivision; Preven Ilution of the air and waterways; nco a the wise use and management of natural s.- i. Pr erve the natural condition and topography of Kerrville and to ensure appropriate development preserving natural features; and, • j. Secure dedication of public improvements which are in conformance with City standards and specifications. _- 6.1.2 Conflicts with Kerr County Regulations This Article shall not be interpreted or applied in such a manner to amend or alter any rule, regulation, procedure or policy lawfully and officially adopted by the governing body of Kerr County, in which there exists territory contained within the area of extraterritorial jurisdiction of the City. In the t~rcumstance where any rule, regulation, procedure or policy lawfully and Article 6: Subdivision Development and Improvements Extraterritorial Jurisdiction ' (f-TJ) refers to the unincorporated area that is contiguous to-the corporate boundaries of the muniapality. Population (Chapter 42, Extraterritorial Jurisdiction of Muniapalities; Texas Local Govemmeht Cale) determines -its ;distance from the boundaries. Triorougtifare plan refers to a hierarch~calsystem by which roads are'dassfied acootding to their purpose and the travel 'demand they serve. Public facilities refer to a use conducted by, or a fadlity or . structure owned or managed by, the government of the United States, the State of Texas; Kerr `'County or2he;~ityof I(errville ; _ :that provides a`govemrjientat function, acpyity;=or service for puW~c benefit. Pollution`refersfothepesenoe:_ . of matter or energy whose.. " nature; location, o~ quantity _ produces undesin:i! '~nvirorimental effeds;• _; _ - ~..~.~w„-fir=__ ~ - _- -- - - - - ~ ~-sue=-y _ Y_ - _ .- __ .~~ _~--" P-U~LI~ NEARING~R~AR~~115~04 T- ~~e:~-3_" _ _"_ __ ,- ~ _ ~ - _ a Artic% 6; .~ Subdivision ~ve%pment and .mpro vements Natural condition refers to that condition that arises from or is found in nature and not modified by human intervention; not to indude artificial or manufactured conditions. Topography refers to the existing configuration of the earth's surface inGuding the relative relief, elevations, and position of land features. Dedication refers to the conveyance of Land or an interest in land by the owner to the City orother govemmentaf entity for public use. Subdivide refers to the dividing of a trail of land into two (2) or more;parts by using metes and bounds descfiptiod in a deed conveyance, a contract for deed, a lease, or by another manner, for the purpose of: 1) laying out a subdivision of any tract of land onany addition to ttae City; or, 2) laying out urban lot, building lots, or ts; or 3) laying out streets, o ~ or parks or other portions intend~zd for public use or the use of purchasers, owners, le"sees of lots fronting; thereon or adjacent thereto: Parcel refers to a tractor plot of land of any size that mayor m8y:not lie subdivided or imp'rove~. _. ~ Final;plat refers to a complete and ~zact subdivision plan prepared.io oonformity:.with the provisions of this Article and in a manner suitable for recording with the lCen-County Clerk. Replat refers to the re- subdivision of taA or any part or all of any block or bts of a prevausty platted subdivision. Commission refers to the City of Kemrille Planning and Zoning Commission. Kerrville Unified Development Code officially adopted by the governing body of Kerr County is less restrictive than those contained in this Article, then the standards of this Article shall apply. 6.1.3 Plat Approval Required a. It shall be unlawful for any person to subdivide any tract, lot or arce! of land within the City or its extraterritorial jurisdiction unless and until a final plat of such subdivision has been approved and filed of record in accordance with the terms of this Article. Unless and until a final plat or replat of a subdivision shall have been first approved and filed.of record in the manner provided in this Article by the Commission, it shall be unlawful for any pe . on to construct or cause to be constructed any street, ufilr ;, uilding, structure or other improvement on an ,~ tract or parcel of land within such subdivision excep ~' .ifically permitted in this Article. ~~ b. Where land was reviousl sut~' ided b~n~s and bounds P Y- Y description and no plat filed - cord, a final p ~ „ ,proved in accordance with the t of this Article shall quired prior to the issuance of ilding c. No building, plumbing, ele - I o apical permit shall be issued by thelCity for the c coon or repair of any structure on a Ib- .tact in a su """ . fsion for which a final plat has not beert~a pro`~ed~by the ~-emission and filed for record, nor in a suvisio7f~~~vl~_ich th ermanent public impro~emeQts have~i~t be, p roved nil accepted by the Ctty~yngtneer~ d. The City sha~lrot repay maintain, install or provide any " et or pub t:: tility se`°~~, or authorize the sale or supply o ter or ew a ice, tl~any subdivision for which a final lat as . o een P o • by the Commission and filed for -~: rd, o 'n a subdiviston in which the permanent public i _vem have not been approved and accepted by the City ine 6.1 e provisi of this Article shall-apply to the following forms of la ubd a lop or development activity: a. i"vision of land into two (2) or more lots, tracts, reserves, sites or parcels; or, b. All subdivisions of land, whether by metes and bounds division or by plat, which were outside the jurisdiction of the City's subdivision regulations in Kerr County, and which subsequently came within the jurisdiction of the City's subdivision regulations through annexation or extension of the City's extraterritorial jurisdiction. c. The division of land previously subdivided or platted into tracts, lots, sites or parcels and not recorded, that were subject to and not in accordance with adopted City subdivision regulations in effect at the time of such subdividing or platting. • • __ ~ - _ _ : _: - ~ _ - - - 1'dge 6 2 _PUBLIC HEARING DRAFt- 3115/04 , ~ __ Kerrville Unified Development Code Article G: "~' Subdivision d. The combining of two (2) or more contiguous tracts, lots, Development and sites or parcels for the purpose of creating one or more legal lots. Improvements e. The dedication or vacation of streets, fire lanes and alleys, Street refers to any public through any tract of land regardless of the area involved. thoroughfare or right~f-way, f. The vacation of a previously recorded subdivision plat or part dedicated for public use, which thereof. provides vehicular access to g. The dedication or vacation of permanent public or semi- adjacent land. public spaces such as golf courses, recreational uses, Utility refers to ail lines and institutional uses, schools, open spaces or park areas, and faalities for the provision, Similar USES. distribution, collection, h. Any other development on an undeveloped or semi- transmission or disposal of water, storm and sanitary developed site within the corporate limits o ,..extraterritorial °- sewage, oil, gas, power, JUfISdICtIOn. ~~ M information, telecommunication - and telephone able, and 6.1.5 Provisions " includes facilities for the ~~,* The provisions of this Section shall no ~ construed to prohibit generation of electricity. the issuance of permits for any to - ndivided t or parcel of land which was in existence in 't = esent confi ura~"o rior to Metes and bounds refers to a system of predsely describing g p ,, ~- ~ January 1, 1981, provided tha ~ ch part of the subdivided and identifying land by property was adequately sere y the f .owing: measures (metes) and direction (bounds) from an identifiable a. Streets constructed and pre us - epted for point of reference such as a maintenance by ~e City of Ke -; .Ille or Kerr County, whichever is a T `` I C.~~le p monument or other marker, the comer of intersecting streets, or ~ ~ , b. Water improvem~;~;. gently re aired by this or other another permanent feature. ...., applicable Codes; ;~ ~..~- . ~ '~~ `~'~"'~ c. Saniter or intltvidual~n=stte sewage disposal system " K " ~ vacation refers to the termination of interest in an ~~ ~' ~'~ as curie y~equired~i~3-#~tis or other-applicable codes; d St~rrri drainagef ilit s i easement or right-of-way or public dedication of land. . ac ie as currently required by th s or other IlCable Co ;and, Semiifeveloped refers to a e. Ea ent r- ' is f-w s may be currently required by property orlot upon wnicn site ~~.,~ this o - ther°app iCa ` e= es for the installation of any of the improvements, such as utility -h ve d i nt installations and paving, or the o e mproveme s. construction of one or more structures has occurred but the :6 SUbdiV~S O Va nct?S ~ property or lot is not fully The Plannl -and L 'bning Commission may authorize a developed or occupied. ubdivision .~riance from the regulations of this UDC when ue hard, . fp will result from strict compliance. In granting a ~ Subdivision variance refers to a modification of a standard for va aCe ;_ Commission shalt prescribe conditions that it speafic aroumstanceswhere dee - L~essary or desirable to ensure the public interest. In strict adherence to the arriving~at their findings, the Commission shall consider the requirements would result in nature of the proposed use of the land, existing uses of land in unnecessary hardship caused by the size, location or the vicinity, and the probable effect of the requested variance on configuration of land, traffic conditions and the public health, safety, convenience, and topography or other factors. welfare of the City. Variances shall not be granted unless the Planning and Zoning Commission finds one (1) or more of the Subdivider is synonymous with 'developer" for the purposes of following: this Article, and shall include a. There are special circumstances or conditions affecting the any owner, or authorized agent land involved that the strict application of the provisions of thereof, proposing to divide or this UDC would deprive the subdivider of the reasonable use dividing land so as to constitute a subdivision according to the Of the land; terms and provisions of this ArtiGe. Artic% 6: ,~. Subdivision ve%pment and ~mpro vements Kerrville Unified Development Code b. The variance is necessary for the preservation of environmental features that would be affected by a strict application of the UDC, including tree preservation, geologic formations, steep slopes, springs, and other similar circumstances; c. The variance would enable a more efficient use of the land or previously subdivided parcels that meet or exceed the area requirements provided in Article 4, Area Regulations; d. The granting of a variance would serve to minimize or correct previous development deficiencies such as, but not limited to, utility line placement, drainage courses, transmission line location, septic systems; e. The variance would enable the subdivider orient the lots for greater solar advantage; or, ~ f. The granting of the variance would n ;~ etrimental to the public health, safety or welfare, or ' ;: ~ to other property in the area. g. In the case of a variance requ or cul-de- ngth, an alternative plan to access al a lots along sai -de-sac must be proposed. Exa : • include, but are no ' ' ed to: i) Alley serviced lots, wi cess ba o the adjace residential street every 60 ii) Emergency mess ways ev 00 feet, having access to a collector size ~ ~~y. iii) Divided residetia ~ ~ e~ with ~ ian openings every 600 feet, and havi pprop~2f_e_me iwvidth and turning radii fo -e : ergency e~icl _: . Such in ings of thPlannind Zoning Commission, together wit ~ ~ specific~c~s upon _ such findings are based, shall be in rated_ o. inu ~ ~.~,of the meeting at which such ~ragance _ ra "ted. anal may be granted only when in ~ w e general purpose and intent of this UDC so that the p hea afety, and welfare may be secured and substan r 'usti ne. Financial hardship to the subdivider shall not b - erne ~ o constitute a hardship. subdivision variances shall be submitted in ~mmission and shall be accompanied with the a. St~'ement of development intentions. b. The nature of the request for a subdivision variance. c. Statement explaining the reason for and justifying the request for a subdivision variance. d. Identification of the subdivision variance on the plat. Where an application for a variance has been denied by the Planning and Zoning Commission, the subdivider shall have the right to appeal to the City Council within ten (10) days of the Commission's denial. ._ - _a _._~ _ s _ _ - _ ~__ _.. ~_ Page 6-4_ POBLIC_HEAR(NG DRAFT 3115104.. • • Kerrville Unified Development Code Article G: ..-~ Subdivision 6.2 Plats, In General Development and ` 6.2.1 Preliminary Conference Improvements A preliminary conference to review a concept plan for preliminary plat is for informational purposes only and does not constitute the filing of an application or a vesting of development rights. concept plan refersxo a general, conceptual or master The es of relimina conferences are as follows: tYP P rY plan for an area proposed for a. Mandatory - Prior to filing a concept plan for planned or partial or complete subdivision. phased development, the subdivider or other appropriate The land plan shows the representative shall consult with the Administrator for proposed locations of land :uses. streets, phasing or comments and advice on the rocedures, s ecifications and P P development, important physical standards required by the City as conditions for concept plan features,and othenapplicable approval. informaton`fortke entire area to b. Optional - Prior to filing a preiiminary plaf~~fae subdivider or be subdivided. other appropriate represenative may,~i~ or her discretion, consult with the Administrator regard z- requirements and procedures applicable to the f3'os Development. If a i l f requested by the subdivider in ' mg, the °"+~i fission may place, for discussion purpo ly, an item on ; .agenda at re ers to a m Prelim nary p of a sutidmsion'of land showiri the street and bt layout; a pta 'lder on regarding the proposed s • /vision to assist a s °>y i ti h d b ' ff for uGGUes and other require features that is submitted to th ~ on. s ec ng suc se su matters a , . City fot purposes of prel`uninai 6.2.2 Concept Plan for Planned ands as'"`~ Developments not suitable forrecordation in Eke Prior to filing a preli i~plat, a s ~ ider who intends to county records. submit asequence o - e t ary plat ~ a proposed development, whethe kin se zone ' r special purpose ~ re development for district, shallsubmit a co cept a-n "ftthe ~ l by tit °missio~t}Ttte Administrator may review a : p. o~va ,~ e tract development to submit a wire a su`Edivider o r lso r g e, a i i ' on. ss ew and royal by the Comm con plan for r Notw ndin i inubsection to the contrary, a ubdivi ~ ,,. f "" s submit a preliminary plat along " ` '~. n ~ Ian of a pro" osed development. If a concept plan a uir this section, such plan must be approved by the Co ssio 'ter to the Commission's consideration of a Application referS'lo fully prelimina fat of development. Each preliminary plat of completed Corm or forms and all uch Bevel ~ ent must substantially comply with the concept _ _ accompanying documents, exhibits, and teesof an Form-_ r9d~~ontents - A concept plan submitted for review and Comm by the Commission shall be in the form and contain the information required in this subsection. An application shall be prepared and submitted on the form approved by the City and on file in the office of the Administrator. Multiple copies of the application and plan shall be provided in accordance with the schedule of required copies included with the application packet. The required contents of a concept plan include: a. General information -Proposed name of the subdivision or development; name(s) of the owner(s) and lienholder(s) of the property, the subdivider and other agents; name of the Licensed_Professional Engineer and/or Registered Professional Surveyor responsible for the survey and the design; date on which the concept plan was drawn; legal or ~ - development review, approval or .permitting- purposes. -- - -=-- - - - - "- _ -~=: - - ; _ - -- - :max-~=; s v -PUBLIC HEARING D13AF~~_31f5/0# = ~ =" P~e-;6~ - - ~. --- --;~~ t_- _ _ - - - - -- ---- _ i-..-Y- _,~ ArticYe 6: Subdivision eve%pment and /mp~ovements Kerrville Unified Development Code description and total acreage of the property; and, the current and proposed zoning. b. Format -The plan shall be oriented with north at the top of the page and a north point (true or magnetic) shall be provided in the upper right hand comer of the page. The plan must be on twenty four (24) inch by thirty six (36) inch paper prints, unless otherwise approved by the Administrator, which shall be folded to eight and one half (8.5) inches by fourteen (14) inches, with the title block visible. c. Scale -The scale should be one (1) inch equals two hundred (200) feet. A smaller scale may be approved by the Administrator. d. Location -Vicinity map, oriented with north t the top of the page, indicating the general location of bdivision and depicting major streets, subdivisions,a,.a ~ courses and other significant physical features ` . hundred (500) feet of the boundaries of the subdi~ ion. e. Proximi -Names of adjacen ~ divisions andowners of undivided tracts. f. Features -General land res including signifi trees or tree stands, major gra - hange . ; dplains, ri fines, and drainage courses. g. Boundary -Boundaries of the a creage of the subdivision ands ropose d uses of the subdivision. h. Use -Proposed ~~.. ~`=attd pop a_'on densities, including street an ~t las~[~d typ - I lot sizes; location of buil ira s-and oth stycre~`~rks and other public or private acd ems, parka -aas, pu "jie'"streets and drives; d image pa s; ands existing easements. i.ensions uffiaent ensions to indicate relationship b een b~._~ itt_rls;~i?I