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"City of Choice"
ORDINANCE NO. /#00
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT
CODE, ARTICLE 4 "ZONING REGULATIONS", SECTION 4.7.4.4 "OLD
TOWN MIXED USE OVERLAY DISTRICT REGULATIONS" TO ADD A
NEW SECTION 4.7.4.4.4 "NONCONFORMING RESIDENTIAL
STRUCTURES AND LOTS" TO ESTABLISH ALTERNATIVE
CRITERIA FOR CERTAIN NONCONFORMING RESIDENTIAL
STRUCTURES AND/OR LOTS; DECLARING A PUBLIC PURPOSE;
INCORPORATING RECITALS; PROVIDING A REPEALER AND
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas (the "City") is a home -rule municipality; and
WHEREAS, Section 3.7 of the City's Unified Development Code ("UDC") establishes a
process for adopting amendments thereto; and
WHEREAS, the City Council has determined that regulations for the Old Town Mixed Use
Overlay District ("OT District") should be amended to provide for alternative rules regarding
certain nonconforming structures and lots to ensure that existing residential structures may
continue to exist, and may be rebuilt, repaired, or replaced according to the same or similar
specifications as previously existed, without the necessity of seeking exceptions to the City's
standard rules regarding nonconforming structures as set forth in Article 5 of the UDC; and
WHEREAS, the City Council has determined that such revisions are necessary and appropriate
for the efficient administration of the City's zoning and subdivision rules, as set forth in the
UDC, and to promote the health, safety and welfare of the public, especially due to recent
rezoning efforts within the OT District; and
WHEREAS, two public hearings were held to discuss the UDC amendments described herein;
with the first public hearing being conducted by the Planning & Zoning Commission on June 14,
2023 at 6:30 PM in the Noble Group Event Center and the second public hearing being
conducted by City Council on June 27, 2023 at 6:30 PM in the Noble Group Event Center; each
being conducted for the purpose of providing all interested persons the opportunity to be heard
concerning the proposed UDC amendments described herein; and
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WHEREAS, legal notice notifying the public of both public hearings on the proposed UDC
amendments was posted on the City's official website and published in the Seguin Gazette, a
newspaper of general circulation in the City of Cibolo, on May 21, 2023; and
WHEREAS, the City Council finds that the proposed amendments to the zoning regulations for
the Old Town Mixed Use Overlay District are consistent with the City's Comprehensive Master
Plan and shall not interfere with any existing use of any property in the City; and
NOW THEREFORE, the Cibolo City Council has considered the effect of these amendments
and has determined them to be appropriate, necessary and in the public interest;
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION 1. ADDING SUBSECTION 4.7.4.4.4 TO UDC - From and after the effective date,
Article 4 — ZONING REGULATIONS of the Unified Development Code shall be amended to
add a new Section 4.7.4.4.4 "Nonconforming Residential Structures and Lots" and shall
hereinafter read as follows:
Article 4 — Zoning Regulations.
Section 4.7 — Lot Design Regulations.
Section 4.7.4.4 — Old Town Mixed Use Overlay District Regulations.
Section 4.7.4.4.4 — Nonconforming Residential Structures and Lots.
A. Purpose and Intent. The purpose of this section is to preserve the residential character of
certain lots within the Old Town Overlay District and to provide relief to smaller residential lots
typical of the Overlay District and its historic nature in order to preserve for ability to continue
use and enjoyment thereof. Notwithstanding Article 5 of this UDC, this section shall be liberally
construed to allow certain residential nonconforming lots and structures to be repaired or
replaced in accordance with this section, regardless of current zoning regulations for the
specified residential district, without the necessity of seeking a variance or other special
exception unless otherwise specified herein. Nothing in this section shall be construed in a
manner that violates any local, state or federal law or regulation, or authorizes a use not
otherwise allowed within the applicable zoning district.
B. Applicability. In determining whether this section applies to a specific lot or structure,
the current property owner has the burden of proof and is responsible for submitting adequate
supporting documentation, e.g. deed, plat, probated will, etc. This section does not apply to any
structure built after the effective date of this section, nor to any lot which was created, by plat or
otherwise, after the effective date of this section, i.e. lots created by combining two or more lots,
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or subdividing an existing lot, are not subject to this section. This section applies only to lots and
residential structures within the Old Town Overlay District which were:
1) included among the thirty-three (33) properties rezoned from C-2 to SF -4 as part of
Ordinance 1395; and
2) conveyed as a separate and distinct lot prior to the effective date of this ordinance by
plat or metes and bounds.
C. Nonconforming Lots. A nonconforming lot that is subject to this section, whether or not
the lot has previously been platted, shall be considered a conforming lot for all intents and
purposes, i.e. determining whether replat is needed, issuance of building permits, etc., so long as
the lot satisfies the following lot design requirements, which shall be determined by the lot
dimensions and setbacks in existence as of the effective date of this section.
NOTE: The lot dimensions and setbacks provided in this section were neither prepared by
nor reviewed by a licensed engineer, and were generated for illustration purposes only using
publicly -available data; as such, these values shall not be relied upon if an owner or permit
applicant submits a survey or other legal instrument as evidence to show that actual lot
dimensions and/or setbacks in existence as of the effective date of this section differ from the
values depicted herein. A valid survey or other legal instrument shall always supersede the
values depicted in the table below.
Property
ID
Lot Address
Min. Lot
Area
(sq.ft.)
Min. Lot
Width
(ft.)
Min. Front
Setback
(ft.)
Min. Rear
Setback
(ft.)
Min. Side
Setback
(ft.)
Maximum
Impervious
Coverage
40875
113 SOUTH ST
11,679
80
25
10
10
50%
40895
PECAN ST
13,601
85
25
5
0
50%
67909
408 MAIN ST
29,114
162
24
10
10
50%
67902
109 LAMAR
ST
11,341
115
14
10
10
50%
23850
102 RHEA DR
12,330
80
22
10
3
50%
23851
100 RHEA DR
11,282
185
25
4
10
50%
40876
109 SOUTH ST
11,679
80
25
10
10
50%
23853
105 ELM DR
9,183
60
22
10
7
50%
23847
108 RHEA DR
9,376
60
23
10
6
50%
23859
117 ELM DR
9,565
63
21
10
2
50%
23858
115 ELM DR
9,565
63
22
10
5
50%
I
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60611
213 MAIN ST
18,565
124
25
10
10
50%
23857
113 ELM DR
9,565
63
22
10
7
50%
23856
111 ELM DR
9,183
60
22
10
5
50%
66991
216 PECAN ST
9,795
65
25
10
3
50%
23846
110 RHEA DR
9,165
59
22
10
8
50%
40886
109
WIEDERSTEIN
31,965
160
25
10
10
50%
40881
114 ELM ST
11,486
80
25
10
8
50%
67936
402 MAIN ST
14,761
72
25
10
4
50%
40897
208 PECAN ST
13,600
85
23
10
10
50%
67920
211 LAMAR
ST
13,913
140
19
10
10
50%
67899
103 SANTA
CLARA AVE
15,588
95
24
10
10
50%
40896
206 PECAN ST
13,601
85
21
10
10
50%
35351
504 MAIN ST
13,826
75
25
10
1
50%
67061
315 SIPPEL
14,885
166
23
10
10
50%
67898
207 LAMAR
ST
7,861
77
23
10
10
50%
23860
119 ELM DR
9,565
63
8
10
6
50%
40883
104 ELM
STREET
9,827
70
25
10
10
50%
67913
210 LAMAR
ST
9,995
69
1
10
10
50%
67917
203 LAMAR
ST
10,160
104
0
10
10
50%
40890
205
WIEDERSTEIN
ST
13,016
85
25
10
10
50%
23849
104 RHEA DR
9,298
60
22
10
5
54%
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67892
105 SANTA
8,207
49
16
10
0
72%
CLARA AVE
D. Nonconforming Structures. A nonconforming structure that is subject to this section may
be repaired, replaced, enlarged, altered, or otherwise improved, provided that the property owner
submits adequate evidence showing that the structure is subject to this section, and the work is in
compliance with the restrictions in Section 4.7.4.4.4(C.). Any nonconforming structure may be
repaired, replaced, enlarged, altered, or otherwise improved as long as the building footprint,
height or envelope are not increased or otherwise modified to be further out of compliance with
the provisions of Section 4.7.4.4.4(C.) above. All other applicable requirements set forth in this
UDC must be met, e.g. permit requirements, building codes, construction regulations, etc. A
permit to allow construction on a nonconforming lot to repair, replace or otherwise improve a
nonconforming structure shall not be denied solely due to the nonconforming status of the lot or
structure, as might otherwise be the case under Article 5 of this UDC.
Should a structure on one of the above properties be demolished for any reason, it may be
rebuilt to the existing setbacks as indicated within the table or evidenced by a survey or other
legal instrument submitted by an owner or permit applicant. Any new construction that expands
the current structure is required to comply with the minimum established setbacks for the SF -4
District within the Old Town Mixed Used Overlay:
(1) Minimum Lot Area: 91200 sq. ft.
(2) Minimum Lot Width: 70'
(3) Minimum Front Setback: 25'
(4) Minimum Rear Setback: 10'
(5) Minimum Side Setback: 10'
(6) Maximum Height of Principal Building: 35'
(7) Maximum Lot/Impervious Coverage: 50%
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION 2. PUBLIC PURPOSE. The City Council finds that the amendments to the UDC
are in the public interest and are necessary to promote the health, safety and welfare of the
public.
SECTION 3. INCORPORATING RECITALS. The City Council approves the recitals hereto
and incorporates them herein as findings of fact.
SECTION 4. REPEALING ORDINANCES IN CONFLICT AND SAVINGS CLAUSE.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict with all remaining portions not conflicting being saved from repeal herein.
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SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect
the validity of the remaining sections of this ordinance. The City Council hereby declares that it
would have passed this ordinance, and each section, subsection, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
be declared void.
SECTION 6. EFFECTIVE DATE. The Ordinance shall be effective immediately following
publication as required by law.
ORDERED this �7 day of June 2023.
A
AT TEST
6 �z /
PEGGY CIMICS
City Secretary
MARK ALLEN
Mayor
APPROVED AS TO FORM:
DTRG, City Attorney
v
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