20-S-29 - Amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC) Article 5, section 21.5.8 Permitted Use tableORDINANCE NO. 20-S-29
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED
DEVELOPMENT CODE (UDC) ARTICLE 5, SECTION 21.5.8 PERMITTED USE
TABLE; SPECIFCALLY FOR THE MAIN STREET MIXED USE (MSMU) ZONING
DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
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 has reviewed the Current UDC and have recommended certain revision
and updates to, and reorganization of, the Current UDC;
WHEREAS, on August 26, 2020 the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval; and
WHEREAS, on September 22, 2020 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 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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 7. 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 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Approved on first reading the 22"d day of September, 2020.
PASSED, APPROVED AND ADOPTED on final reading the 27th day of October, 2020.
R�-ie Qr
ATTEST:
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enda City Secretary
(SEA " Dennis, � %° -�71TY)
Exhibit A
Unified Development Code
Article 5 Section 21.5.8 Permitted Use Table
See Attached
Changes to Permitted Use Table for the Main Street Mixed Use MSMU) zoning district:
MSMU
Permitted Uses
S P
Restaurant or Cafeteria
P
Tavern
Proposed Full Permitted Use Table for Main Street Mixed Use:
MSMU
P
Permitted Uses
Accessory Building, Residential
Agricultural/Field Crops
Airport, Heliport or Landing Field
Alcohol Package Sales
Antenna and/or Antenna Support Structure,
Commercial
P
Antique Sho
Applian ces, Furniture and Home Furnishim,s Store
P
Art Galle /Libr /Museum
Assisted Care or Living Facility
Athletic Stadium, Private
Athletic Stadium, Public
Automobile Parkin Structure/Garage
Automobile Parts Sales
Automobile Repairs & Service, Major
Automobile RSpairs & Service, Minor
Automobile Sales
P
Bake
P
Bank, Saving and Loan, Credit Union
P
Beauty Salon/Barber Shop
P
Bed and Breakfast Inn
P
Book Store
BottlijjS Works
Building Material and Hardware Sales
Cabinet or UpholsLeiy Shop
Car Wash, Automated
Car Wash, Self Serve
Cemetery or Mausoleum
Church, Temple, Synagogue, Mosque, or Other Place
of Worship
Civic /Convention Center
S
College, University, Trade, or Private Boarding
School
Commercial Amusement, Indoor
Commercial Amusement, Outdoor
Community Center
Concrete/Asphalt Batching Plant
Convenience Store w/o Gas Pumps
Convenience Store w/ Gas Pumps
Dance Hall/Night Club
P
Day Care Center
Department Store
Dry Cleanin , Major
P
Dry Cleanin , Minor
Family or Group Home
P
Farmers Market
Flea Market, Inside
Flea Market, Outside
P
Florist
Fraterm , Sorority, Civic Club or Lodge
P
Furniture Sales
Gasoline Station/Fuel Pumps
Gated Community
General Manufacturing/Industrial Use
Golf Course and/or Country Club
P
Governmental Facilities
P
Gvmnastics/Dance Studio
Hazardous Waste
P
Health/Fitness Center
Hea,.,y Equipment Sales, Service or Rental
Home Improvement Center
Hospital
Hotel /Motel
Household Appliance Service and Repair
S
In -Home Day Care
Landfill
Laundromat
Livestock
P
Locksmith/Security System Company
P
Medical, Dental or Professional Office /Clinic
Mini - Warehouse /Public Storage
Manufactured/Mobile Homes
Manufacturing
Mortuary/Funeral Home
Multi-Family Apartment Dwelling
Municipal Uses Operated by the City of Schertz
P
Museum
Nursery, Major
Nursery, Minor
Office Showroom
Office- Warehouse/Distribution Center
One-Family Dwelling Attached
P
One-Family Dwellin g Detached
P
Packaging/Mailing Store
P
Park/Playground/Similar Public Site
Pawn Shop
Pet Store
P
Pharmacy
Portable Building Sales
P
Post Office
Print Shop, Major
P
Print Shop, Minor
Private Club
Railroad/Bus Passenger Station
Recreational Vehicle Park
Recreational Vehicle Sales and Service
Recycling Collection Center
Recycling Collection Point
Recycling Facility
Rehabilitation Care Facility
Restaurant, Drive -In
& P
Restaurant or Cafeteria
P
Retail Stores and Shops
P
School, Public or Private
Sexually Oriented Business (See Ordinance No. 02-
L-16)
Stable, Commercial
Storage or Wholesale Warehouse
Tattoo Parlors /Studios
P
Tavern
Taxidermist
Theater, Outdoor
Theater, Indoor
Tool Rental
Trailer /Manufactured Homes Sales
Truck Sales, Heavy Equipment
Truck Terminal
Two-Family Dwelling
Veterinarian Clinic/Kennel, Indoor
Veterinarian Clinic/Kennel, Outdoor
Welding/Machine Shop
Wrecking or Salvage Yard
S
New and Unlisted Uses
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Brenda Dennis
From: Emily Delgado
Sent: Wednesday, October 28, 2020 8:06 AM
To: Brenda Dennis; Gayle Wilkinson
Subject: RE: Approved Ordinance 20 -S -29
Hi Brenda!
I believe municode should be able to follow the changes just based on the document you attached.
If you want to send the following note along with the ordinance to ensure they make the right change that would be
appreciated:
The only change based on Ordinance 20 -S -29 is as follows:
Change to Article 5 Section 21.5.8 Permitted Use Table for Main Street Mixed Use (MSMU) zoning district only:
• Change Restaurant or Cafeteria to a "P"
• Change Tavern to a "P"
If there are any questions on the change from municode please have them reach out to me.
Thanks!
Emily Delgado
Senior Planner
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
Office: 210 - 619 -1784
Mobile: 210 - 419 -1480
Fax: 210 - 619 -1789
Schertz.com
From: Brenda Dennis <bdennis @schertz.com>
Sent: Wednesday, October 28, 2020 6:17 AM
To: Emily Delgado <EDelgado @schertz.com >; Gayle Wilkinson <GWilkinson @schertz.com>
Subject: FW: Approved Ordinance 20 -S -29
Emily attached is the approved ordinance, is the attached ready to send to municipal code?
From: ; rinters schertz.com <Printers(P—)Schertz.com>
Sent: Tuesday, October 27, 2020 5:32 PM
To: Brenda Dennis <bdennis -' schertz.com>
Subject: Message from KM—0558
1