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.
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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.
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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.
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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,
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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
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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.
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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)
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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