19-S-02 Ordinance UDC Article 4 section 21.4.9, Article 13 section 31.13.3 B1111411 111191MMUMMEMIUMMIM
WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted
as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the
"Current UDC "); and
WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain
revision and updates to, and reorganization of, the Current UDC;
WHEREAS, on December 12, 2018 the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval; and
WHEREAS, on January 22, 2019 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 is hereby amended by replacing the existing language found
in Sec.21.13.3 B (entitled "Definitions: Substantial Improvement ") with the language set forth in
Exhibit "A ", attached hereto and incorporated herein for all purposes.
Section 2. The current UDC is also hereby amended by removing Section 21.4.9
( "Designation of Landmark Properties and Heritage Neighborhoods').
Section 3. 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 4. 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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. 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 7. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 8. 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 9. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Approved on first reading the 22nd day of January, 2019.
PASSED, APPROVED AND ADOPTED on final rea�Wje 5t` day of February, 2019.
ATTEST:
a
retary
R. Carpenter, Mayor
Exhibit A
Unified Development Code
B. Definitions
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other
improvement of a structure or any series of reconstructions, rehabilitations, additions, or other
improvements of a structure, the cumulative cost of which over the calendar year equals or exceeds fifty
percent (50 %) of the value of the structure. The value of the structure is established by the appraisal district
valuation or an appraisal.
This term includes structures which have incurred "substantial damage ", regardless of the actual repair
work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions or
(2) Any alteration of a "historic structure ", provided that the alteration will not preclude the structure's
continued designation as a "historic structure."