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2009S06-1-UDC Ordinance ORDINANCE NO. 09-S-06 AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SCHERTZ, TEXAS; REPEALING ALL ORDINANCES AND CODES OR PARTS OF ORDINANCES AND CODES IN CONFLICT WITH THIS ORDINANCE AND THE CODE AUTHORIZED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Schertz, Texas (the "City) established a Unified Development Code on September 3, 1996, which has been amended from time to time (as amended, the "Current UDC"); and WHEREAS, City Staff, the Planning and Zoning Commission, and other appropriate boards and commissions of the City have reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, the City Council has been presented with a proposed Amended and Restated Unified Development Code (the "Amended UDC") and finds that implementation of the Amended UDC will assist property owners in pursuing orderly and appropriate development in the City and will assist the City Staff, the Planning and Zoning Commission, and other appropriate boards and commissions of the City in implementing the development goals of the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Amended and Restated Unified Development Code in the form attached hereto as Exhibit A is hereby approved as the official Unified Development Code ofthe City. 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with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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 Resolution 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 SCHERTZ Ordinance (Unifonn Development Code).doc -1- 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 in force and effect from and after its final passage and any publication required by law, and the Amended and Restated Unified Development Code authorized herein shall have an effective date of the date this Ordinance is adopted on second and final reading, and it is so ordained. PASSED ON FIRST READING, the 17th day of February, 2009. PASSED, APPROVED, AND ADOPTED ON SECOND READING the 24th day of February, 2009. ~ Mayor, City of Schertz, Texas ATTEST: ~ O~,,~ City Secretary, City of Schertz, Texas (Seal of City) , SCHERTZ Ordinance (UnifonTI Development Code).doc -2- EXHIBIT A Amended and Restated Unified Development Code See Attached SCHERTZ Ordinance (UnifonTI Development Code).doc A-I