25-S-012 Amend Part III, Code of Ordinances, UDC Art. 5, Section 21.5.4 Zoning ChangeORDINANCE 25-S-012
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO AMEND PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 5, SECTION 21.5.4 â
ZONING CHANGE
WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz (the "City") adopted
and Amended and Restated Unified Development Code on April 13, 2010, as further amended (the
"Current UDC"); and
WHEREAS, City Staff has reviewed the Current UDC and have recommended certain
revision and updates to, and reorganization of, the Current UDC;
WHEREAS, on March 5, 2025, the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval; and
WHEREAS, on April 1, 2025, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission, determined
that the proposed amendments are appropriate and in the interest of the public safety, health, and
welfare.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The current UDC Article 5, Section 21.5.4 â Zoning Change is hereby amended
as set forth on Exhibit A hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters resolved
herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the
City hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Chapter 551, as amended, Texas Government
Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
PASSED and ADOPTED, this day of 2025.
CITY OF SCHERTZ TEXAS
Ralp tierce , ayor
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Sheila Edmondson, City Secretary
Exhibit "A"
Proposed Unified Development Code (UDC) Amendments
Article 5 Section 21.5.4 â Zoning Change
Exhibit "A"
Sec. 21.5.4. Zoning Change.
A. Applicability.
1. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her
designee, or by application from a property owner, establish or amend the boundaries shown on the
Official Zoning Map of the City. A zoning change is required to establish the use of land and the
development associated with the proposed zoning classification for the purpose of establishing and
maintaining sound, stable and desirable development within the City.
2. Approval of a zoning change authorizes a property owner to submit subsequent development
applications consistent with the amendment.
Application Requirements.
Application Required. Any request for a zoning change shall be accompanied by an application and
zoning exhibit prepared in accordance with the Development Manual.
2. Accompanying Applications. A request for a zoning change may be accompanied by an application for
amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change
shall require all subsequent development applications to be consistent with the approved
amendments.
Tax Certificate Required. All applications made as a request for a zoning change shall be accompanied
by a copy of a Tax Certificate.
C. Processing of Application and Decision.
1. Submittal. An application for a zoning change shall be submitted to the City Manager or his/her
designee. The City Manager or his/her designee shall review the application for completeness in
accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a
recommendation from any other City Department or consultant. The City Manager or his/her designee
shall notify the applicant of items requiring correction or attention before providing a recommendation
on the application. After appropriate review, the City Manager or his/her designee shall forward a
written recommendation to the Planning and Zoning Commission for consideration.
2. Notification Requirements. An application for a zoning change requires the following notification in
accordance with section 21.4.3:
a. written notice prior to consideration by the Planning and Zoning Commission; and
b. published notice prior to consideration by the City Council.
C. posted notice prior to consideration by the Planning and Zoning Commission and prior to
consideration by the City Council.
Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation
regarding a proposed zoning change to the City Council. The Planning and Zoning Commission may
recommend approval, approval with conditions, or denial of the zoning change. The Planning and
Zoning Commission may, on its own motion or by request of the property owner, postpone
consideration of the request to a certain date that is not more than thirty (30) calendar days after the
date of the current consideration in order to review additional information or modifications which may
have a direct bearing on the recommendation to the City Council.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed zoning change and shall hold a public hearing in accordance
(Supp. No. 9)
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Exhibit "A"
with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve
with conditions, or deny the zoning change. The City Council may, on its own motion or by request of
the property owner, postpone consideration of the request to a certain date that is not more than
thirty (30) calendar days after the date of the current consideration in order to review additional
information or modifications which may have a direct bearing on the final decision.
5. Consideration of a Previously Denied Zoning Change. A request for a zoning change for a tract of land
shall not be considered by the Planning and Zoning Commission or the City Council within six (6)
months after the Council's decision to deny the request unless the request is to a different zoning
classification or there has been a substantial change in the conditions surrounding the parcel since the
initial request. For the purpose of this section, a request may be considered substantially different if
the change is to a different zoning classification, there is a change in conditions relating to zoning
principles of the property or surrounding properties or there is a change in the nature of the
development of the property or surrounding properties. The City Manager or his/her designee shall
have the authority to determine whether the request is substantially different from the initial request.
D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City
Council, in considering final action on a zoning change, should consider the following criteria:
1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land
Plan, or any other applicable adopted plans;
2. Whether the proposed zoning change promotes the health, safety, and general welfare of the City.
3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing
uses in the immediate area;
4. Whether other factors are deemed relevant and important in the consideration of the zone change.
Protests.
1. If a proposed zoning change is protested in accordance with this section, the proposed change must
receive, in order to take effect, the affirmative vote of at least three -fourths (%) of all members of the
City Council according to LGC, Local Government Code § 211.006(d). The protest must be written and
signed by the owners of at least twenty percent (20%) of either:
a. The area of the lots or land covered by the proposed zoning change; or
b. The area of the lots or land immediately adjoining the area covered by the proposed zoning
change and extending 200 feet from that area.
2. In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys
shall be included.
(Supp. No. 9)
In determining property ownership under section 21.5.4.E.1 above, the property owner shall be the
owner as indicated on the most recently approved municipal tax roll, unless the property has been
bought or sold since the last approved municipal tax roll. The City Manager or his/her designee
determines property ownership in the above -mentioned municipal tax roll from the County Appraisal
District.
a. If a property has recently been purchased and the County Appraisal District has not updated their
public records to reflect the now current property owner, the new property owner must submit
proof of ownership with their written protest to demonstrate ownership for the protest to be
counted under section 21.5.4.E.1.
b. In the event of a conflict in property ownership, the City Manager or his/her designee shall
determine who the owner of the property is for the purposes of calculating written protest.
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Exhibit
C. The written protest will only be counted if signed by the owner of the property. Written protests
from tenants or lessees will not be counted toward the written protest calculations under section
21.5.4.E.1.
4. The following deadline applies to the receipt and calculation of written protest:
Written protest must be received before noon (12pm) on the Friday before the consideration of
the proposed zoning change ordinance by the City Council, in order to be included in the
calculation of written protest described by section 21.5.4.E.1.
b. In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday
before the City Council reading, the deadline will be extended to noon (12pm) on the next
business day.
(Ord. No. 17-5-42, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-5-78, § 1(Exh. A),
11-14-2023)
(Supp. No. 9)
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