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1989S28- AMENDING THE ZONING ORDINANCE ORDINANCE ??- s- {Jg BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE ZONING ORDINANCE, NO. 87-S-1, ARTICLE XXIII, AMENDMENTS, SECTION 2, CHANGES AND AMENDMENTS, AND SECTION 4, PUBLIC NOTICE AND PROCEDURES FOR AMENDMENT; ARTICLE XXV, REGULATION OF NON- CONFORMING USES, SECTION 2, CHANGE OF USE, AND SECTION 7, CHANGE IN OWNERSHIP OR TENANT; ARTICLE XXVI, ADMINISTRATION, SECTION 5, SEXUALLY ORIENTED BUSINESS, AND APPENDIX A, SCHEDULE OF USES, GENERAL BUSINESS DISTRICT; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS I THAT, Zoning Ordinance 87-S-1 of the City of Schertz, Texas is hereby amended in the following manner: "ARTICLE XXIII Section 2.2.2 AMENDMENTS Changes and Amendments 5. A petition for a change to a another requirement for property recommended for public hearing if any are met: setback requirement and/or currently zoned may be of the following conditions a. If the applicant cannot make a reasonable use of the property or earn a reasonable return without the requested amendment. b. The requested amendment is peculiar to the property. c. The request is not a condition caused by the applicant. d. The health, safety and welfare of the neighborhood and/or City will not be effected by the requested change. II ARTICLE XXIII AMENDMENTS Section 4 Public Notice and Procedures for Amendment 4.1 Procedures Before the Planning and Zoning Commission a. Whenever it is the desire of the majority of the members of the Planning and Zoning Commission that a proposed Specific Use Permit, an amendment or change to the Zoning Ordinance or District Map be proposed and considered at a public hearing or as a result of a petitioner application by a person, firm or corporation that has not been rejected or denied as set forth in Section 2.2.2, such proposed amendment or change shall be scheduled for a public hearing by the Secretary of the Planning and Zoning Commission. The Secretary shall, at least fifteen (15) days prior to the public hearing, cause notice of public hearing involving the Zoning Ordinance and District Map to be published once in a newspaper of general circulation in the City, and designated as the official publication of the City, stating briefly the change or amendment to be considered at the hearing and the time and place of such hearing. Such notice shall be sent to the property owners, as determined from the most recently approved City tax roll, of real property lying within two hundred (200') feet of the property on which the change in classification is proposed. Such notice shall be given not less than ten days before the date set for the hearing. The notice shall be made by depositing the same, properly addressed and postage paid, in the United States Post Office. This notice will also contain the time and place a public hearing will be held by the City Council. b. Each application for a Public Zoning Hearing shall be accompanied at the time the hearing is scheduled by a fee in accordance with the Schedule of Fees. (See Schedule of Fees) c. The petitioners for the public hearing shall be notified by letter of the time and place the public hearing will be held by the Planning and Zoning Commission and the City Council. The letter will also state that the applicant, or his representative, must be present at the public hearing. Failure to be represented at the public hearing will cause a loss of the fees paid. Reschedul ing of the hearing will require resubmission of application and new fees. -2- d. Rules of order commensurate with proper conduct, hearing of arguments and receiving of evidence shall be adopted and observed at the hearing. The recording of minutes shall be made of the hearing and shall be maintained or filed in the office of the City Secretary. No action on any proposed change or amendment shall be taken at or during the Public Zoning Hearing. Al though such meeting is open to the publ ic, no proponent or opponent to the proposed zoning change, amendment, or Specific Use Permit shall be permitted to be heard after the public hearing has been closed. e. After such hearing, the Planning and Zoning Commission will make one of the following recommendations, in writing, to the City Council: (1) Recommend against the change in zoning with complete justification why the zoning should be disapproved. (2) Recommend the change in zoning with complete justification why the zoning should be approved. 4.2 Procedures Before City Council a. A public hearing shall be held by the City Council before adoption of any amendments, supplements or changes, at which hearing parties of interest, or other citizens, shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Schertz at the time the notice of the Planning and Zoning's public hearing is published. The notification to property owners of the time and place of the Planning and Zoning Commission's public hearing will also contain the time and place of the public hearing by the City Council. b. Rules of order commensurate with proper conduct, hearing of arguments and receiving of evidence shall be adopted and observed at the hearing. The recording of minutes shall be made of the hearing and shall be maintained or filed in the office of the City Secretary. No action on any proposed change or amendment shall be taken at or during the Public Zoning Hearing. Although such meeting is open to the publ ic, no proponent or opponent to the proposed zoning change, amendment, or Specific Use Permit shall be permitted to be heard after the public hearing has been closed. -3- c. When the Planning and Zoning Commission has recommended a change in zoning together with recommendations as to requirements as provided herein, the City Council shall be at liberty to either accept, reject or make other additional requirements, and any such requirements, to be made at the discretion of the City Council, shall become a part of the ordinance changing the zoning classification to the Zoning Ordinance, and such requirements shall be considered as an amendment to the Zoning Ordinance as applicable to such property. d. In case the Planning and Zoning Commission has recommended against a proposed amendment, supplement or modification, or if protest against such change, signed by owners of twenty (20%) percent or more (either of the area of the lots or land included in such proposed change or extending two hundred (200') feet therefrom) has been submitted, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of the City Council. e. The City Council shall, at either a regular or a special meeting, act upon the proposed changes, amendments or Specific Use Permits. Although such meeting is open to the public, no proponent or opponent to a proposed zoning change, amendment or Specific Use Permit shall be permitted to be heard. f. If the City fails to pass an ordinance approving such proposed amendment, supplement or change, a new application for such proposed Specific Use Permit, amendment, supplement or change in the Zoning Ordinance or the boundaries of the district map shall not again be considered until after the expiration of twelve months from the date when such proposed amendment, supplement or change was rejected; provided however, that such application may be reconsidered within the above mentioned twelve month period if it be shown that a substantial change in conditions has taken place in the vicinity of the property sought to be rezoned. The procedures for such application for rezoning shall be the same as if the applicant has never filed a previous application for zoning change. -4- III ARTICLE XXV REGULATION OF NON-CONFORMING USES Section 2 Change of Use Change of Use. A non-conforming use may be changed to any conforming use. A non-conforming use shall not be changed to any other type of non-conforming use without the prior approval of the Zoning Board of Adjustment which may grant a change of occupancy from one non-conforming use to another. ARTICLE XXV REGULATION OF NON-CONFORMING USES Section 7 Change In Ownership or Tenant Change in Ownership or Tenant. The continuing non-conforming use of land and/or building is not transferable to a new owner or tenant through sale or rental. IV ARTICLE XXVI ADMINISTRATION Section 5 Sexually Oriented Business 5.1 Purpose and Intent. The purpose of this Section is to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communications materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Section to restrict or deny access by adul ts to sexually oriented materials protected by the First Amendment to the U. S. Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. 5.2 Definition. a. Sexually Oriented Business means an adult arcade, adul t bookstore, adul t video store, adul t cabaret, adul t motel, adult motion picture theater, adult theater, escort agency, massage parlor, nude model studio or love parlor or other commercial enterprises the primary business of which is the offering of a service or the selling, renting, -5- or exhibiting to provide gratification of devices or any other sexual stimulation to the customer. items intended or sexual 5.3 Location. a. A sexually oriented business will not be operated within 1,000 feet of: 1. a church 2. a public or private school 3. a boundary of a residential district as defined on the current Zoning Map in the City Secretary's office 4. a public park adjacent to a residential district 5. the property line of a lot devoted to a residential use as defined in this ordinance 6. another sexually oriented business already in existence or the site of another sexually oriented business for which a building or occupancy permit has been applied for b. No more than business shall established in portion thereof. one be the (1) sexually oriented operated, maintained or same building, structure or c. Distances from building structures or objects listed in paragraph a. above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, or public or private school, or to the nearest boundary of an affected publ ic park, residential district, or residential lot. d. Each sexually oriented business to operate. must be licensed e. Any sexually oriented business lawfully operating on ( 5<'" JJfC"'",bF/'L 1'7, /9lr9 ) that is in violation of this ~ection sharI be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three (3) years, unless sooner terminated for any reason or voluntarily -6- discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. v APPENDIX A - SCHEDULE OF USES General Business District Adult bookstore, adult entertainment club, video adult arcade, nude model (When permitted by law Ordinance. ) " motion picture theater, nude live store, massage par lor, love parlor, studio, escort agency and adult motel. and Article XXVII, Section 5, this VI Repeal of Conflicting Ordinances or Orders. All orders, ordinances or parts of ordinances in conflict with this Ordinance, specifically Ordinance 87-S-1, or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. -7- Approved on first reading the .5~ day of Se AI.... h,..h ,19 1L.l.. PAS.sJ:P, APPROVED AND ADOPTED this the LL daf of S'" ~-bol{ 19~. , Mayor, C~ty of Schert , Texas ATTEST: Secretary, City of Schertz (SEAL OF CITY) -8- August 16. 1989 TO: CITY COUNCIL FROM: PLANNING AND ZONING SUBJECT: ZC #95 - AMENDMENT TO THE ZONING ORDINANCE To preclude a non-conforming use from continuing due to a change in ownership and to clarify the Ordinance because we no longer have a higher or lower classification of uses, the Planning and Zoning Commission, by unanimous vote, recommends approval of ZC #95. ~SlAA~:"'J"V""^ ~ . V r"\,,. __ ~ Ty Brisgill, Chairman Planning & Zoning Commission TB/na ~ ~ August 16. 1989 TO: CITY COUNCIL FROM: PLANNING AND ZONING SUBJECT: ZC #96 - AMENDMENT TO THE ZONING ORDINANCE The Commission believes the four reasons listed for recommending an amendment to the Ordinance are good when the request is for rezoning, but do not truly apply when an individual is requesting a change to the setback requirement or other zoning requirement. Therefore, the Commission, by unanimous vote, recommends approval of ZC #96. ~ ~~~. -- Ty Brisgill, Cliairman ~ Planning & Zoning Commission TB/na August 16. 1989 TO: CITY COUNCIL FROM: PLANNING AND ZONING SUBJECT: ZC #97 - AMENDMENT TO THE ZONING ORDINANCE Because some guide 1 ines need to be established for regulating adult-oriented business, the Planning and Zoning Commission, by unanimous vote, recommends approval of ZC #97. Ty Brisgill, Chairman Planning & Zoning Commissio TB/na ---- , August 16. 1989 TO: CITY COUNCIL FROM: PLANNING AND ZONING SUBJECT: ZC #98 - AMENDMENT TO THE ZONING ORDINANCE To establish the procedures for the scheduling of public hearings before the Planning and Zoning Commission and the City Council, the Commission, by unanimous vote, recommends approval of ZC #98. ~ . Ty Brisgill, Chairman Planning & Zoning Commission TB/na