21-S-44 UDC Amendment to Article 5, Section 21.5.8 Permited Use Aggregate ExtractionORDINANCE NO. 21-S-44
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO
AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED
DEVELOPMENT CODE (UDC) ARTICLE 5, SECTION 21.5.8 PERMITTED USE
TABLE; SPECIFICALLY TO ADD AGGREGATE EXTRACTION; 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 September 22, 2021, the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval; and
WHEREAS, on October 12, 2021 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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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 12th day of October, 2021.
PASSED, APPROVED AND ADOPTED on final reading the 26th day of October, 2021
Mayor
ATTEST:
Brenda Dennis, City Secretary
Exhibit A
Proposed UDC Amendment:
Article 5, Section 21.5.8, - Permitted Use Table
Proposed changes to the Permitted Use Table to add Aggregate Extraction:
Zoning District P= Permitted/ S= Specific Use Permit Permitted Uses
Manufacturing Heavy District S Aggregate Extraction
(M -2)