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ORD 609 07/08/2003I City of Cibolo Zoning Ordinance # 609 R-1 R R-2 -3 gyp_ -2 C -j, MF R -3 -2 C 1I R-1 R-3 P-3 P-1 R-2 R-2 R-2 R -I C-2 R-3 r City of Cibolo ZONING ORDINANCE ORDINANCE NO. 609 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, ADOPTING A COMPREHENSIVE ZONING, PLANNING, AND LAND USE ORDINANCE FOR THE CITY OF CIBOLO, TEXAS; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 211 OF THE LOCAL GOVERNMENT CODE OF TEXAS; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING A PENALTY FOR VIOLATIONS) THEREOF OF A FINE AS STIPULATED IN THE FEE SCHEDULE AND MAKING EACH DAY SUCH VIOLATIONS) EXIST A SEPARATE OFFENSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WEREAS, Chapter 211 of The Local Government Code of Texas empowers the City to enact a Zoning Ordinance and provide fox its administration, enforcement, and amendment; and N"EREAS, the City Council deems it necessary, for the purpose of promoting health, safety, morals, and the general X7welfare of the community, to enact such an ordinance; and WHEREAS, the City Council, pursuant to the provisions Chapter 211 of The Local Government Code Of Texas, has recommended the boundaries of the various original districts and appropriate regulations to be enforced therein; and WHRRF.AS, the City Council has, in all respects, given reasonable consideration to the character of the land use districts r 1 and thea peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHF.RRAS, the City Council has given due notice of public hearing relating to the land use districts, regulations and restrictions, and has held such public hearings; and WHRREAS, all requirements of Chapter 211 of The Local Government Code of Texas, with regard to the preparation of reports, public hearings, and notice, have been met by the City Council; Now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT: r - ,L TABLE OF CONTENTS CHAPTER 1 PLANNING AND ZONING COMMISSION Section 1. Planning and Zoning Commission Created Section 2. Length Of Appointment Section 3. Term Limits Section 4. Vacancies Section 5. Circumstances For Cause Of Dismissal From The Commission Section 6. Meetings Section 7. Parliamentary Procedure; Meetings Open To Public Section 8. Powers And Duties Of The Commission Section 9. Commission To Be Declared Adjunct To City Council Section 10. Compensation Of Members CHAPTER 2 POLICY GOALS Section 1. Policy Goals Facilitating The Planning And Zoning Effort Section 2. General Goals Section 3. Annexation Policies CHAPTER 3 URBAN SERVICE POLICY CHAPTER 4 THOROUGHFARES AND CHAPTER 5 PARKS AND RECREATION CHAPTER 6 COMPREHENSIVE ZONING REGULATIONS Section 1. Purpose Section 2. General Compliance CHAPTER 7 CONFORMITY TO LAND USE REGULATIONS CHAPTER 8 REGULATIONS FOR ALL DISTRICTS CHAPTER 9 CONFORMITY TO YARD AND SET BACK REQUIREMENTS: Section 1. Applicability Section 2. Exemptions CHAPTER 10 ESTABLISHMENT OF ZONING DISTRICTS AND Section 1. General Section 2. Zoning Districts Created Prior to July 8 Section 3. Newly Created Zoning Districts Effective July 8 CHAPTER 11 ZONING DISTRICTS DESIGNATIONS, REQUIREMENTS AND Section 1. Zoning District Designations Zoning District - RU, Residential Single Family - Rural Zoning District - R-1, Residential Single Family Low Density Zoning District - R 1D, Residential Single Family Low Density Zoning District - R-2, Residential Single Family Medium Density Zoning District - R -2B, Residential Single Family Medium Density Zoning District - R -2D Residential Single Family Medium Density Detach Zoning District - R-3, Residential Single Family Medium Density Detach Zoning District - R-313, Residential Single Family Medium Density Zoning District - R -4G, Garden Home Zoning District - R-5, Condo/Townhouse r 5 5 5 5 5 5 5 6 6 6 6 6 6 6 7 8 8 8 9 9 9 9 9 9 9 10 10 10 10 11 12 12 12 12 13 13 14 14 15 16 16 17 Zoning District - MH, Residential Manufactured Homes 17 Zoning District - PD, Planned Development 18 Zoning District - MF, Ped Development 18 Zoning District - CBD, Central Business District 19 Zoning District - C-1R,commercial Business District- Light Density Retail 20 Zoning District - C-211,ommercial Business District- Medium Density Retail 21 Zoning District - NS, Neighborhood Services 22 Zoning District - PB, Professional Business 22 Zoning District - C -3R, Big Box Retail 23 Zoning District - C-1, Commercial- Light 23 Zoning District - C-2, Commercial- Medium 7A Zoning District - C -IG, General Light Commercial 24 Zoning District - C -2G, General Heavy Commercial 25 Zoning District - I-1, Light Industrial (Clean) 27 Zoning District - I-2, Heavy Industrial 28 Zoning District - PK, Parkland/Open space 29 Zoning District - OD, Overlay District 30 Zoning District - AS, Places of Assembly 30 CHAPTER 12 ZONING MAPS 32 CHAPTER 13 PLANNED DEVELOPMENT DISTRICTS 33 Section 1. Purpose 33 Section 2. Application: 33 Section 3. District Plans And Requirements 33 Section 4. Concept Plan Requirements 33 Section 5. Development Standards 33 Section 6. Existing Conditions 33 Section 7. Detail Plan Requirements 34 Section 8. Approval Of District 34 Section 9. Maximum Off -Street Parking And Loading Requirements 34 Section 10. Commission Approval Of Detail Plan 34 CHAPTER 14 GENERAL PROVISIONS AND EXCEPTIONS; USE, HEIGHT AND AREA REGULATIONS 35 CHAPTER 15 RESERVED FOR FUTURE USE 37 CHAPTER 16 ACCESSORY BUILDINGS AND USES PERMITTED CHAPTER 17 VISUAL SCREENING REQUIREMENTS CHAPTER 18 OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS Section 1. General Provisions Section 2. Location Section 3. Continuing Character of Obligation Section 4. Construction and Maintenance Section 5. Minimum Dimensions and Specification for Off -Street Parking Facilities Section 6. Measurement And Computation Section 7. Schedule Of Required Spaces CHAPTER 19 NON -CONFORMING BUILDINGS AND USES Section 1. General Section 2. Non -conforming Buildings Section 3. Section B: Non -Conforming Use Of Land 38 38 38 38 38 38 39 39 40 40 43 43 43 43 CHAPTER 20 UNCERTAIN DISTRICT BOUNDARY VERIFICATION PROCEDURE 44 CHAPTER 21 ZONING OF ANNEXED AREAS 44 Section 1. General 44 Section 2. Zoning Procedtire Before The Planning And Zoning Commission And City Council 44 Section 3. Purpose For A Change Or Amendment 44 Section 4. Change In District Boundaries 44 Section 5. Procedure Regarding Zoning Changes Or Amendments To Zoning Classifications 44 CHAPTER 22 FEES 47 CHAPTER 23 ENFORCEMENT AND ADMINISTRATION OF REGULATIONS 47 Section 1. General 47 Section 2. Powers and duties of the Building Official 47 Section 3. Certificate of occupancy 48 CHAPTER 24 VIOLATION AND PENALTIES 49 CHAPTER 25 INVALIDITY OF A PART 49 CHAPTER 26 REPEAL 49 CHAPTER 27 SAVING CLAUSE 49 CHAPTER 28 EFFECTIVE DATE 49 CHAPTER 29 DEFINITIONS 50 APPENDIX A - FEE SCHEDULE 63 APPENDIX B - Acknowledgements, Certifications, Verifications Statements 64 APPENDIX C - Request for Variance Forms 66 APPENDIX D — Wording For A Change Of Zoning Pending Sign 70 APPENDIX E — Zoning Districts, Lot Requirements, Setback Distances, Maximum Height Table 71 [I CITY OF CIBOLO ZONING ORDINANCE CHAPTER 1 PLANNING AND ZONING COMMISSION Section 1. Planning and Zoning Commission Created A. A Commission of the City Council of the City of Cibolo, Texas, is hereby created which shall be known as the Cibolo Planning and Zoning Commission. The commission shall consist of seven members. B. A chairperson, vice -chairperson and secretary shall be elected annually among the commission members at its first meeting in July, and at other times as such offices become vacant. In the absence of both the chairperson and vice -chairperson, the commission shall appoint an acting chairperson. C. There shall be Parliamentarian appointed by the Planning and Zoning Commission to insure "Roberts Rules of Order", latest revision, the provisions of the Texas Open Meetings Law and applicable City Ordinances are complied with. The Parliamentarian shall keep the order and limit citizen input to three minutes per topic while the meeting is being conducted. D. There shall be seven places on the commission being defined as Place #1, Place #2, Place #3, Place #4 Place #5, Place #6, and Place #7. Section 2. Length of Appointment A. The members of the commission shall serve a two-year (2) term. Each term shall expire on the first day of July. A member shall continue to serve until the Mayor appoints his/her successor with approval by the City Council. Four members shall serve terms that end on the first day of July, 2005, and whose term shall thereafter expire every two years during odd numbered years. Three members shall serve terms that end on the first day of July, 2004, and whose terms shall thereafter expire every two years during even numbered years. Section 3. Term Limits A. No commission member may serve more than four consecutive terms. After a two year absence, a member is eligible for re -appointment Section 4. Vacancies A. As the terms of office of said positions terminate, the City Council shall, as soon as possible, or ' within sixty (60) days after such expirations, appoint members to fill such vacancies for a term of two years. The Council, if interim vacancies occur, shall appoint a successor for the remainder of the unexpired term. Section 5. Circumstances for Cause of Dismissal from the Commission A. Members must attend at least fifty (509/6) percent of all regular and special meetings during each six (6) months of their tenure regardless of cause of absence and regardless of excuse. The six (6) month period shall be from January 1 through June 30, and from July 1, through December 31, of each year. Failure to comply with attendance requirements will be considered asl resignation from the Commission. In the event of such termination, the Chairperson of the Co ssion shall immediately notify the City Council who shall then take immediate steps to fill the vacancy. Note: Notification of impending absence (through electronic media) to other Commission members shall be in compliance with the Texas Open Meetings Act. B. A recommendation of removal from the Commission shall be forwarded to the City Council for any Commission member that commits, at any time for official misconduct or unethical acts as outlined in the Local Government Code 21.002. Section 6. Meetings A. Regular meetings shall be held monthly unless a lack of agenda items allows for a meeting not to be held. The meetings shall be held on the 3-d (third) Tuesday of every month at 7:00 PAL in the City — Council Chambers of City Hall. Special meetings may be required at the request of the chairperson or at the request of Mayor and/or City Council. The time and place of both special and regular meetings are subject to change upon proper notification of all members of the Commission. B. The City staff shall provide The Planning and Zoning Commission with an informational package containing a copy of the agenda for the impending meeting, a synopsis of each agenda item, as required, any supporting documents for each agenda item and a summary indicating compliance or non-compliance with City Ordinances. This informational package shall be in the form of a hard 5 copy and transmitted electronically, as required. The hard copy shall be made available at the City Hall Building no later than 4 p.m. on the Friday prior to the impending meeting. If a Planning and Zoning Commission member does not acquire and utilize the hard copy for 2 (two) consecutive meetings, the hard copy will be discontinued to be provided to that member. Section 7. Parliamentary Procedure; Meetings Open to Public A. The Commission will conduct its meetings in conformance to "Roberts Rules of Order", latest revision, which shall be the Commission's final authority on all questions of procedure and parliamentary law. B. A quorum shall consist of a majority of the entire membership of the Commission and any issue to be voted on shall be resolved by a, majority of those present. C. The Chairperson shall only be entitled to vote in cases where a vote by the Commission members results in a tie. The vote of the Chairman shall then determine the outcome of the issue. D. Meetings shall be open to the public and minutes shall be kept, and shall be treated as a public record. All meetings shall be held in full compliance with the provisions of the Texas Open Meetings Law and applicable City Ordinances. Section 8. Powers and Duties of the Commission A. To formulate a comprehensive plan for the orderly growth and development of the city, and periodically recommend changes to the City Council for its action in updating plans and polices to facilitate the implementation of a comprehensive plan. B. On a continuing basis, review, develop and update the Zoning Ordinances, annexation plans, capital improvements plans, plans to facilitate the goals of a comprehensive plan and other matters affecting the development of the City and recommend to the City Council, for its action, amendments necessary to adjust to changing conditions. C. Review and recommend to the City Council, for its action, proposed subdivision plats to guide the development of new residential subdivisions in accordance with the City's ordinances. D. Review and recommend to the City Council, for its action, alterations to existing building, plumbing, electrical, and related codes as necessary. E. Make and recommend to the City Council, for its action, plans for the clearance and rebuilding of depressed districts and blighted areas, which may develop in the City. F. Make and recommend to the City Council, for its action, highway facilities and proposed extensions thereof. G. Perform other such duties as may be duly delegated to the Planning and Zoning Commission from time to time by the City Council. Section 9. Commission to be declared Adjunct to the City Council A. The Cibolo Planning and Zoning Commission is hereby declared to be adjunct to the City Council. All administrative personnel of the City are hereby authorized and directed to cooperate and assist the Zoning Commission at all reasonable times. Section 10. Compensation of Members A. Members of the Planning and Zoning Commission shall serve without compensation. However, the City Council may authorize the payment of any expense(s) for travel and meetings and similar costs which may be incurred by members in conjunction with the performance of their duties as members of the Planning and Zoning Commission. CHAPTER 2 POLICY GOALS Section 1. Policy Goals Facilitating the Planning and Zoning Effort A. The following policy goals are hereby adopted as part of the Zoning Ordinance. These policies are intended as a guide for the land development process of the City of Cibolo, and for other programs including cooperative efforts with other govemmental agencies and the private sector. These policy goals will facilitate the development of the City's comprehensive plan and shall be updated annually by the Planning and Zoning Commission and the City Council. This Zoning Ordinance is 1 (one) means to carry out these goals. Section 2. General Goals A. The City shall endeavor to the fullest extent practicable to maintain the current high levels of air and water quality, and otherwise to preserve the natural and man-made resources of the community. B. The City shall continue to support the development of a wide variety of commercial, industrial, L i 7 l residential and other land uses with an equally strong commitment to each category. C. The City shall continue to strive to provide for a wide variety of housing types and life styles through the suppoi of residential land use development D. The City shall continue to be committed to the preservation and enhancement of residential neighborhgods regardless of housing type. Section 3. Annexation Policies A. Annually in conjunction with the review of a capital improvements program, the City shall also review a proposal for territory to be annexed, if any, and for territory to be studied for possible future annexation. B. The City shall, to the fullest extent practicable, consider annexation and original zoning of new territory in a coordinated manner, and the City shall adopt original zoning for new territory as. soon after annexation as practicable. C. Where the City intends to provide municipal services to territory adjacent to the corporate limits, the City shall first insure that such territory is scheduled for annexation. D. It is understood that a General Law City such as Cibolo does not have the authority to require non- residents to become part of the City without their consent. Nevertheless, the City, as a matter of policy, shall encourage non-residents to come into the City by making them aware of the services the City has to offer. E. The City shall endeavor to the fullest extent practicable to establish the boundaries of its extra- territorial jurisdiction along property lines or recognized service area dividing lines. =r i 7 l CHAPTER 3 URBAN SERVICE POLICY A. The City shall regard necessary improvements in the urban services system to existing residential neighborhoods, businesses, and industries as a priority to the very highest magnitude. B. The City shall strive towards efficiency and economy in the area of urban service delivery. It shall provide a high quality of services at the lowest possible cost under the principal of equity to all residence throughout the City. C. The City shall provide urban services to new development in such a manner as to attain for the respective new development and to preserve for developments already served, the prevailing high !, level of service. D. The City shall, to the fullest extent practicable, endeavor to insure a source of water supply sufficient to serve existing and anticipated water needs. E. The City shall, to the fullest extent practicable, endeavor to insure the proper provision of wastewater treatment facilities sufficient to serve existing and anticipated wastewater treatment needs. F. The City shall, to the fullest extent practicable, endeavor to insure the proper provision of solid waste disposal service sufficient to serve existing and anticipated solid waste disposal needs. CHAPTER 4 THOROUGHFARES AND COLLECTOR STREETS A. The City shall insure, to the fullest extent practicable, that new growth occurs in such a manner as to preserve the primary function that major thoroughfares and collector streets serve in relation to traffic circulation. B. The City shall endeavor to acquire additional street and road right of ways sufficient to serve the ` expressly identified traffic circulation requirements. C. The City shall endeavor to make or cause to be made improvements in the Interstate Highway System and surrounding county roads in the vicinity of the City of Cibolo. CHAPTERS PARKS AND RECREATION A. The City shall insure that an adequate amount of open space and parkland is made available for public use. B. Annually the City shall review and assign priorities for the development of existing parkland, acquisition of new parkland, and the development of new parkland. C. The acquisition and continued development of the park system shall be consistent with community growth patterns. D. The City shall concentrate on the development of a Regional City Park and community parks. E. The City, in cooperation with all political subdivisions, shall encourage the support of the City's existing park and all kinds of parks. CHAPTER 6 COMPREHENSIVE ZONING REGULATIONS A. This section is enacted for the purpose of promoting the health, safety, and the general welfare of the community and for the protection and preservation of places and areas of historical and cultural importance and significance, and in accordance with applicable State law, to lessen congestion in the _ ! streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. CHAPTER 7 CONFORMITY TO LAND USE REGULATIONS A. No person, firm or corporation shall erect, construct enlarge, alter, repair move, improve, remove, convert or demolish any building or structure in the city limits or cause the same to be done, without fust obtaining a building permit for such building or structure from the Building Inspections Department No open space surrounding any buildings shall be encroached upon or reduced in any manner, unless. 1. The same shall conform to the set back, building site area, building location and land use regulation herein designated for the district in which the building or open space is located, or 2. A variance request has been applied for and approved by the City Council for the encroachment CHAPTER 8 REGULATIONS FOR ALL DISTRICTS A. No building or structure shall be erected, constructed, reconstructed or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such budding, structure or land is situated. B. No building or structure shall be erected, constructed, reconstructed or altered to exceed the height Emit herein established for the district in which such building or structure is located. C. No lot area shall be reduced or diminished so that the yards or other open space shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein. D. No parking area, parking space, or loading space which existed at the time this ordinance became effective or was subsequent thereto is provided for the purpose of complying with the provisions of this ordinance, shall thereafter be relinquished or reduced in any manner below the requirements established by this ordinance; and every building hereafter erected shall be located on a lot as herein described, and in no case shall there be more than 1 (one) building on I (one) lot, except as hereinafter provided. E. All such cases shall comply with this ordinance and all other applicable ordinances, and prior to the installation of any tower or antenna pursuant to this and all other amended secdpns of this - . ordinance, the owner of such tower or antenna shall send written notice to the building inspections department, which notice shall include the location, size, and configuration of such tower or antenna. Administrative approval for the following conforming uses may be obtained by submitting the required information set forth in this ordinance, to the building inspections department F. All districts shall adhere to the requirements in the International Residential Fire Code. If the requirements of this ordinance differ from the International Residential Fire Code requirements, the more stringent shall be met CHAPTER 9 CONFORMITY TO YARD AND SET BACK REQUIREMENTS: Section L Applicability A. All new construction as of the date of passage of this ordinance shall be built in complete compliance as to minimum lot area, height restrictions, minimum lot width, minimum lot depth, and yard and setback requirements established for each zoning district respectfully. The minimum yard and setback requirements for each zoning district created by this ordinance are indicated in this ordinance. In addition to the minimum setbacks described in this ordinance the following shall also apply: 1. Side yards - Every part of a required side yard shall remain unobstructed except for. (a) Permitted accessory buildings not to extend closer than 5' (five feet) from the bordering v common property line, and no closer than 10' (ten feet) to any building on the same lot (b) Ordinary windowsills and architectural features not to exceed 12" (twelve inches) (c) Roof eaves not to project more than 24" (twenty-four inches) into the required side yard (d) Fire escapes not to project more than 3' (three feet) into the required side yard. 2. Front yards: No building shall be erected, reconstructed, or altered beyond the required front yard setbacks specified in this ordinance in accordance with the district classification set forth. 3. RearYards: All main structures herein constructed will comply with the minimum rear yard ` requirements as set forth in this ordinance in accordance with the district classifications set forth. There shall be a rear yard on every lot Section 2. Exemptions A. The development and use of public utility easements for public utility purposes are exempt from regulations by this ordinance. - ; CHAPTER 10 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES Section 1. General A. The establishment of zoning districts shall comply with Section 211.007 of Chapter 211 of The Local Government Code of the Texas State Statutes. B. The Planning and Zoning Commission shall recommend boundaries for the original zoning districts —; and appropriate zoning regulations for each district C. The Planning and Zoning Commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the City Council. The City Council may not hold a public hearing to amend zoning regulations or zoning designations until it receives the final report of the Planning and Zoning Commission unless the City Council by ordinance provides that a public --' hearing is to be held, after the required notice, jointly with a public hearing required to be held by the Planning and Zoning Commission. In either case, the City Council may not take action on the matter until it receives the final report of the Planning and Zoning Commission. D. Before the 10th day before the hearing date, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved City tax roll, of real property within 200' (two hundred feet) of the property on which the change in classification is proposed. E. The notice may be served by its deposit in the City, properly addressed with postage paid, in the United States mail. F. If the property within 200' (two hundred feet) of the property on which the change is proposed is located in territory annexed to the City and is not included on the most recently approved City tax roll, the notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City before the 15th day before the date of the hearing, Section 2. Zoning Districts Created Prior to July 8 A. For the purpose of regulating and restricting the use of land and the erection, construction, and alteration of buildings or structures prior to April 1, 2003, the City of Cibolo is hereby divided into 12 (twelve) districts as follows: Designation Old Zoning District RESIDENTIAL R-1 Residential Single Family Large Lot R-2 Residential Single Family Standard Lot R-3 Residential Single Family Standard Lot MF Residential Multi -Family Lot MH Residential Manufactured Homes (In a Manufactured Homes Park) COMMERCIAL C-1 Commercial (Light) C-2 Commercial (Medium) INDUSTRIAI. 10 t. I -I Industrial (Light) ' SPECIAL PD Pre -Development OP Open Space/Park SO Overlay District ` Section 3. Newly Created Zoning Districts Effective July 8 A. For the purpose of regulating and restricting the use of land and the erection, construction, alteration of and use of buildings or structures, the above district designations are changed and new districts — are created. The use of the new designation numbers and new zoning districts shall be effective July 8 and are as follows: New Zoning - Old Zoning District District Option District Classification RESIDENTIAL RU NA Residential Single Family, large lot rural R-1 R -ID D -Detached Residential Single Family Low Density Detach R-2 R -2B B -55 -ft Residential Single Family Medium Density Width R-2 R -2D D -Detached Residential Single Family Medium Density Detach New Zoning Old Zoning District District Option District Classification _ R-3 R -3D D -Detached Residential Single Family -Medium Density NA R4G NA Garden Home _. NA R-5 NA Condo/Townhouse BUSINESS/SERVICE/RETAIL C-1 CBD Central Business District _ C-1 C -1R Commercial Business District -Light Density Retail C-2 C -2R Commercial Business District -Medium Density Retail - C-1 NS Neighborhood Services _ C-1 PB Professional Business C-1 C -3R Big Box Retail COMMERCIAL C-1 C -I G General Light Commercial C-1 C -2G General Heavy Commercial INDUSTRIAL C-2 I-2 Heavy Industrial —I OTHER NA PK Parkland, Open Space NA OD Overlay District NA AS Assembly Buildings 11 CHAPTER 11 ZONING DISTRICTS DESIGNATIONS, REQUIREMENTS AND RESTRICTIONS Section 1. Zoning District Designations All land in the City of Cibolo shall have a zoning designation. The definitions of these districts are listed below. A use table is included in APPENDIX E. The zoning districts for the City of Cibolo are as follows: Zoning District RU, Residential Single Family- Rural 1. Old zoning designation - 2. New zoning designation - 3.Option - 4. District Classification - 5. Intent - 6. Permitted uses - Rural RU N/A Residential Single Family - Rural To establish and preserve areas of low density land use, primarily devoted to low density residential development. No c mobile/manufactured/modular homes permitted. (a) One (1) Single-family dwelling unit per lot, their customary related accessory buildings and farms. (b) Public parks and playground, community recreational facilities and public recreation or service buildings for such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (d) Customary home occupations ordinarily carred on in homes that are not detrimental or injurious to adjoining Property (e) Municipal surface or underground or overhead water storage, water wells, and pumping stations. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 85,000 (b) Minimum Lot Width 200' (c) Minimum Lot Depth 100' (d) Minimum Front Setback 50' (e) Minimum Rear Setback 20' (f) Minimum Side Setback 30' (p) Maximum Height of Principal Building 35' (h) Maximum Lot Coverage 40% n ETJ Classification Rural Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All and setback dimensions listed are minimum requirements and are shown in feet Zoning District R-1, Residential Single Family Low Density 1. Old zoning designation - 2. New zoning designation - 3.Option - 4. District Classification - 5. Intent - 6. Permitted uses - 12 R-1 R-1 N/A Residential Single Family Low Density To establish and preserve areas of low-density land use, primarily devoted to low density residential development No mobile/manufactured/modulat homes permitted. (a) One (1) Single-family dwelling unit per lot and their customary related accessory buildings. (b) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (d) Customary home occupations ordinarily catered on in homes that are not detrimental or injurious to adjoining proPerty. (e) Municipal surface or underground or overhead water storage, water wells, and pumping stations. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 10,000 (b) Mi�imum Lot Width 100' (c) Minimum Lot Depth 100' (d) N"um Front Setback 30' (e) Minimum Rear Setback 20' (f) Minimum Side Setback 10' (g) Maximum Height of Principal Building 40' (h) Maximum Lot Coverage 40% n ETJ Classification Low Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District R -1D, Residential Single Family Low Density 1. Old zoning designation - 2. New zoning designation - 3.Option - 4. District Classification - 5. Intent - 6. Permitted uses - N/A R -1D D -Detached Garage Requited Residential Single Family Low Density To establish and preserve areas of low density land use, primarily devoted to low density residential development No mobile/manufactured/modular homes permitted. (a) One (1) Single-family dwelling unit per lot and their customary related accessory buildings. (b) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (d) Customary home occupations ordinarily carried on in homes that are not detrimental or injurious to adjoining Property (e) Municipal surface or underground or overhead water storage, water wells, and pumping stations. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 10,000 (b) Minimum Lot Width 75' (c) Minimum Lot Depth 125' (d) Minimum Front Setback 30' (e) Minimum Rear Setback 10' (f) Minimum Side Setback 5' (g) Maximum Height of Principal Building 40' (h) Maximum Lot Coverage 40% (i) ETJ Classification Low Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Mahufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet. Zoning District R-2, Residential Single Family Medium Density 1. Old zoning designation - 2. New zoning designation - 3.Option - 4. District Classification - 5. Intent - 6. Permitted uses - 13 R-2 R-2 N/A Residential Single Family Medium Density To establish and preserve areas of medium density land use primarily devoted to medium density residential development No mobile/manufactured/modular homes permitted. (a) One (1) Single-family dwelling unit per lot and their customary related accessory buildings. (b) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (d) Customary home occupations ordinarily carried on in homes that are not detrimental or injurious to adjoining Property (e) Municipal surface or underground or overhead water storage, water wells, and pumping stations. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 6,000 (b) Minimum Lot Width 60' (c) Minimum Lot Depth 100' (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 5' (p) Maximum Height of Principal Building 40' (h) Maximum Lot Coverage 40% n ETJ Classification Medium Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet _ Zoning District R-213, Residential Single Family Medium Density 1. Old zoning designation - N/A 2. New zoning designation - R -2B 3. Option - B-55 Ft. Width -' 4. District Classification - Residential Single Family Medium Density 5. Intent - To establish and preserve areas of medium density land use primarily devoted to medium density residential development No mobile/manufactured/modular homes permitted. 6. Permitted uses - (a) One (1) Single-family dwelling unit per lot and their customary related accessory buildings. (b) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (d) Customary home occupations ordinarily carried on in homes that are not detrimental or injurious to adjoining property. (e) Municipal surface or underground or overhead water storage, water wells, and pumping stations. 7. Lot Design Requirements -- (a) Minimum Lot Area in square feet 6,000 (b) Minimum Lot Width 55' -- (c) Minimum Lot Depth 100' (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 5' (g) Maximum Height of Principal Building 40' (h) Maximum Lot Coverage 40% n ETJ Classification Medium Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District R-2D,Residential Single Family Medium Density Detach 1. Old zoning designation - N/A _ 2. New zoning designation - R -2D 3. Option - D -Detached Garage Required 4. District Classification - Residential Single Family Medium Density Detach 5. Intent - To establish and preserve areas of medium density land use - primarily devoted to medium density residential development No mobile/manufactured/modular homes permitted. 14 6. Permitted uses - (a) One (1) Single-family dwelling unit per lot and their customary related accessory buildings. (b) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). - (d) Customary home occupations ordinarily carried on in homes that are not detrimental or injurious to adjoining property. (e) Municipal surface or underground or overhead water storage, water wells, and pumping stations.. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 6,000 (b) Minimum Lot Width 50' (c) Minimum Lot Depth 120' (d) Minimum Front Setback 25' (e) Minimum Rear Setback 10' -- (f) Minimum Side Setback 5' (g) Maximum Height of Principal Building 40' (h) Maximum Lot Coverage 40% n ETJ Classification Medium Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District R-3, Residential Single Family Medium Density Detach 1. Old zoning designation - R-3 2. New zoning designation - R-3 3. Option - NA 4. District Classification - Residential Single Family Medium Density 5. Intent - To establish and preserve areas of medium density land use primarily devoted to medium density residential development. _ . No mobile/manufactured/modular homes permitted. 6. Permitted uses - (a) One (1) Single-family dwelling unit per lot and their customary related accessory buildings. (b) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (d) Customary home occupations ordinarily carried on in homes that are not detrimental or injurious to adjoining property. (e) Municipal surface or undergroundbr overhead water storage, water wells, and pumping star ons. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 5,000 (b) Minimum Lot Width 50' (c) Minimum Lot Depth 100' (d) Minimum Front Setback 20' (e) Minimum Rear Setback 15' L� (f) Minimum Side Setback 5' (p) Maximum Height of Principal Building 40' - - (h) Maximum Lot Coverage 40% , n ETJ Classification Medium Density Residential '— NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet 15 Zoning District R-31), Residential Single Family Medium Density 1. Old zoning designation - N/A 2. New zoning designation - R -3D 3. Option - D -Detached Garage Required - -, 4. District Classification - Residential Single Family Medium Density 5. Intent - To establish and preserve areas of medium density land use primarily devoted to medium density residential development No mobile/ manufactured/modular homes permitted. 6. Permitted uses - (a) One (1) Single-family dwelling unit per lot and their customary related accessory buildings. (b) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (d) Customary home occupations ordinarily carried on in homes that are not detrimental or injurious to adjoining property. (e) Municipal surface or underground or overhead water storage, water wells, and pumping stations. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 5,000 (b) Minimum Lot Width 50' (c) Minimum Lot Depth 100' (d) Minimum Front Setback 20' — (e) Minimum Rear Setback 10' (� Minimum Side Setback 5' (g) Maximum Height of Principal Building 40' (h) Maximum Lot Coverage 40% (t) ETJ Classification Medium Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District R4G, Garden Home - 1. Old zoning designation - 2. New zoning designation - 3.Option - 4. District Classification - 5. Intent - 6. Permitted uses - 7. Lot Design Requirements (a) Minimum Lot Area in square feet (b) Minimum Lot Width (c) Minimum Lot Depth (d) Minimum Front Setback (e) Minimum Rear Setback (i) Minimum Side Setback 16 N/A R -4G NA Garden Home To establish and preserve areas of high density land use primarily devoted to medium density residential development No mobile/ manufactured/modular homes permitted. Single-family residential zero lot line homes. One (1) dwelling unit pet lot, and community recreational facilities. (a) One (1) Single-family dwelling unit per lot and their customary related accessory buildings. (b) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (c) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (d) Customary home occupations ordinarily carded on in homes that are not detrimental or injurious to adjoining property. (e) Municipal surface or underground or overhead water storage, water wells, and pumping stations. 4,500 45' 80' 20' 15' 10'-1 side (p) Maximum Height of Principal Building 50' (h) Maximum Lot Coverage 50% n ETJ Classification High Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District R-5, Condo/Townbouse 1. Old zoning designation - N/A 2. New zoning designation - R-5 3. Option - NA 4. District Classification - Condo/Townhouse 5. Intent - To establish and preserve areas of high density land use, primarily devoted to high density multi -family residential development 6. Permitted uses - (a) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (b) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). (c) Customary home occupations ordinarily carried on in homes that are not detrimental or injurious to adjoining property. (d) Municipal surface or underground or overhead water storage, water wells, and pumping stations. (e) All permitted uses in R-3 Districts, single-family residential townhouses, two family dwellings, townhouse dwelling, apartments not to exceed thirty (30) units per acre, and cluster housing not to exceed fifteen (15) units per acre. No mobile/manufactured/modular homes pennitted.7B.1-1. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 4,000 (b) Minimum Lot Width 40' (c) Minimum Lot Depth 100' (d) Minimum Front Setback 20' (e) Minimum Rear Setback 15' ' (i) Minimum Side Setback 10'-1 side (p) Maximum Height of Principal Building 50' (h) Maximum Lot Coverage 50% n ETJ Classification High Density Residential NOTES: (1) 1,800./ additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District MH, Residential Manufactured Homes (4) 1. Old zoning designation - �- 2. New zoning designation - 3. Option - 4. District Classification - 5.Intent - 6. Permitted uses - U l� I FYI MH MH N/A Residential Manufactured Homes (4) To establish and preserve areas of high density land use, primarily for the location and placement of mobile/manufactured/modular homes. (a) Any use permitted in the "R" districts. (b) Manufactured/modular homes; after a permit is obtained from the building inspector to permit removal of wheels or transporting device and attaching the home to a permanent foundation on the ground, which home shall thereafter be regarded as a permanent structure an shall meet all applicable codes and ordinances. (c) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (d) Golf courses (except miniature courses, driving ranges and other simihr activities operated as a business). i (e) Customary home occupations ordinarily carried on in homes - that are not detrimental or injurious to adjoining property. (i) Municipal surface or underground or overhead water storage, water wells, and pumping stations. ( 7. Lot Design Requirements (a) Minimum Lot Area in square feet 10,000/3 units (1) (2) (b) Minimum Lot Width 50' (c) Minimum Lot Depth 100' ' (d) Minimum Front Setback 25' (e) Minimum Rear Setback 20' (f) Minimum Side Setback 10' (p) Maximum Height of Principal Building 35' (h) Maximum Lot Coverage 50% n ETJ Classification Manufactured housing in parks NOTES: (1)1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks + - (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District PD, Planned Development - 1. Old zoning designation - PD 2. New zoning designation - PD 3. Option - Not Applicable 4. District Classification - Planned Development ,^ + 5. Intent - This is a temporary zoning until the proper zoning classification is established and reviewed by the Planning and Zoning Commission, with final approval from the City Council. _ 6. Permitted uses - N/A, until zoning designations are determined. 7. Lot Design Requirements (a) Minimum Lot Area in square feet N/A (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A - (d) Minimum Front Setback N/A — (e) Minimum Rear Setback N/A (f) Minimum Side Setback N/A (p,) Maximum Height of Principal Building N/A (h) Maximum Lot Coverage N/A n ETJ Classification Planned Development NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District MF, Planned Development 1. Old zoning designation - MF 2. New zoning designation - MF ' 3. Option - N/A 4. District Classification - Residential Multi -Family 5. Intent - To establish and preserve areas of high density land use, primarily devoted to high density multi -family residential development - 6. Permitted uses - (a) Multifamily dwellings, for three or more families Any use permitted in the "R" districts. --- (b) Apartment houses, condominiums, and hotels. (c) Boarding and lodging houses. (d) Fire stations, police stations, public administrative offices, electric substations, and telephone exchange buildings. (e) Hospitals, sanitariums, or homes for convalescents or aged, other than for the insane or feeble-minded, or alcoholics. (f) Libraries, museums, art galleries. (p) Private clubs, fraternal orders, or civic organizations, except those whose chief activity is carried on as a business. - - i (h) Public recreation buildings, community buildings, little + theater groups. L) 18 n All permitted uses in R-3 Districts, two family dwellings, townhouse dwelling, apartments not to exceed thirty (30) units per acre, and cluster housing not to exceed fifteen (15) units per acre. No mobile/manufactured/modular homes permitted. 6) Public parks and playground, community recreational facilities and public recreation or service buildings such parks. (k) Golf courses (except miniature courses, driving ranges and other similar activities operated as a business). 0) Customary home occupations ordinarily carried on in homes that are not detrimental or injurious to adjoining property. (m) Municipal surface or underground or overhead water storage, water wells, and pumping stations. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 7,500 (b) Minimum Lot Width 75' (c) Minimum Lot Depth 100' (d) Minimum Front Setback 25' (e) Minimum Rear Setback 20' (f) Minimum Side Setback 10' (g) Maximum Height of Principal Building 3 Stories (h) Maximum Lot Coverage 50% n ETJ Classification High Density Residential NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District CBD, Central Business District, 1. Old zoning designation - 2. New zoning designation - 3. Option - 4. District Classification - 5. Intent - 6. Permitted uses - _ 7. Lot Design Requirements ' (a) Minimum Lot Area in square feet (b) Minimum Lot Width (c) Minimum Lot Depth 19 LI N/A CBD N/A Central Business District To provide low density goods and services. (a) Barber and beauty shops, including animal grooming shops. (b) Battery stations. (c) Bicycle repair shops, electrical repair and "fix -it" shops. (d) Clinic (medical or dental). (e) Filling stations provided all storage tanks for gasoline shall be below the surface of the ground. (f) Greenhouses (commercial). (p) Laundries. (h) Miniature golf course. n Offices, business or professional, including banks. nl Radio and television shops. (k) Restaurants, cafes or cafeterias, dripe-in and refreshment stands. 0) Shoe repair shops. (m) Stores, shops and markets for retail trades. (n) Art, dance, music, drama reducing, photographic, interior decorating (o) Kindergarten. (p) Children's nursery. (q) Any retail business or use of a similar character to those listed above and not included in or excluded from any other district described herein, provided that such use is not noxious or offensive by reason of vibration, noise, odor, -Fust, smoke or gas. 1,600 40' 40' (d) Minimum Front Setback 20' (e) Minimum Rear Setback 10' �- (f) Minimum Side Setback 10' (g) Maximum Height of Principal Building 35' (h) Maximum Lot Coverage 75% n ETJ Classification Business NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet. Zoning District C-M Commercial Business District- Light Density Retail I.,Old zoning designation - N/A 2. New zoning designation - C-1R 3. Option - N/A 4. District Classification - Commercial Business District- Light Density Retail 5. Intent - This district contains low-density commercial uses that are j - intended to serve adjacent neighborhoods. They are generally clustered at major intersections of collector streets near the perimeters of residential neighborhoods. 6. Permitted uses - (a) Bakeries (b) Barber and beauty shops, including animal grooming shops (c) Battery stations. (d) Bicycle repair shops, electrical repair and "fix-it" shops (e) Cleaning, pressing and dyeing establishments, provided that only non- explosive cleaning fluids shall be used (f) Clinic (medical or dental) _ (g) Filling stations provided all storage tanks for gasoline shall be below the surface of the ground. (h) Laundries n Miniature golf course [)j Offices, business or professional, including banks. (k) Photographic printing shops. (!) Radio and television shops n Restaurants, cafes or cafeterias, drive-in and refreshment stands (m) Schools operated as a business (n) Shoe repair shops. (o) Shops for custom work, or the manufacture of articles to be sold at retail only, on the premises, provided that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. (p) Stores, shops and markets for retail trades. (q) Studios (art, dance, music, drama, reducing, photographic, interior decorating). _ (r) Theaters except drive-in theaters. (s) Kindergarten. (t) Daycare Facility (child, adult) 7. Lot Design Requirements - (a) Minimum Lot Area in square feet 2,025 (b) Minimum Lot Width 50' -- (c) Minimum Lot Depth 40' (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' ' (g) Maximum Height of Principal Building N/A (h) Maximum Lot Coverage 75% n ETJ Classification Light Density Retail _ . NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District C-2R, Commercial Business District- Medium Density Retail ` 20 Ii I 1. Old zoning designation - N/A 2. New zoning designation - C -2R 3.Optioqq - N/A 4. Districl Classification - Commercial Business District- Medium Density Retail 5. Intent, The majority of uses in this district consist of medium density office, retail, restaurant, and service activities that are used — primarily by shoppers, workers, and nearby residents. 6. Permitted uses - (a) Those listed in "CBD" (b) Automobile or trailer sales rooms or yards, provided no vehicle shall be displayed or parked outside the building within ten feet (10) of the front and/or side curb -lines of said - property, nor, in the case of a comet lot, shall any vehicle be displayed or parked within the area embraced by the radius of the curb and a straight line drawn diagonally between the beginning points of the radius. (c) Billiard halls, bowling alleys, shooting galleries, skating rinks, and simile commercial recreation buildings or activities. (d) Bus passenger stations. (e) Repair garages, tune-up shops, lubrication shops, muffler shops and similar specialty service and maintenance establishments, other than premises where vehicles are dismantled or used parts are sold, provided that no repair facilities or activities shall be maintained or carded on outside of the building; provided that no body or fender repairs shall be conducted on any premises adjacent to the side or rear of any -' residential zoning district; and provided that no wrecked, junked or otherwise inoperative vehicle shall be stored or parked on the premises except while awaiting repair and except under cover of a permanent screening fence of masonry and/or - solid wood (weather -resistant redwood, cedar, or equal not less than six feet (6� in height). Facilities located on comer lots may front on either street and shall provide not more than one driveway entrance and one driveway exit to the building. I= (f) Newspaper publishing plants. (g) Farm machinery sales and service, provided no repair facilities shall be maintained or carded on outside the building, and no machinery shall be displayed outside within thirty feet (30) of the front lot line. (h) Any retail business or use of a similar character to those listed above and not included in or excluded from any other district described herein, provided that such use is not noxious or offensive by reason of vibration, ndise, odor, dust, smoke or gas - 7. Lot Design Requirements (a) Minimum Lot Area in square feet 3,000 (b) Minimum Lot Width 60' (c) Minimum Lot Depth 55' -- (d) Minimum Front Setback 20' (e) Mu»mum Rear Setback 15' _ (f) Minimum Side Setback 10' W Maximum Height of Principal Building 35' (h) Maximum Lot Coverage 800/0 ' n ETJ Classification Medium Density Retail NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks _ (5) All lot and setback dimensions listed are minimum requirements and are shown in feet ` l 9 J Zoning District NS, Neighborhood Services 1. Old zoning designation - N/A - i 2. New zoning designation - NS i 3. Option - N/A 21 1 I- 4. District Classification - Neighborhood Services 5. Intent - This district contains low-density commercial retail uses that are intended to serve adjacent neighborhoods. They are generally clustered at major intersections of collector streets near the - perimeters of residential neighborhoods. r 6. Permitted uses - 7. Lot Design Requirements (a) Minimum Lot Area in square feet 4,500 i (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback 25' - (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' (g) Maximum Height of Principal Building 35' (h) Maximum Lot Coverage 50% -' n ETJ Classification Neighborhood Services NOTES: (1) 1,800 / additional unit (2) No mote than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks -' (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District PB, Professional Business 1. Old zoning designation - N/A 2. New zoning designation - PB 3. Option - N/A j 4. District Classification - Professional Business 5. Intent - To create a district of professional offices intended to serve the _ community as well as adjacent neighborhoods. 6. Permitted uses - (a) Any use permitted in any residential district (b) Accounting, auditing, bookkeeping and tax preparation services. - (c) Attorney and legal services including court reporting. �i (d) Business, administrative, professional, and social service '— offices. (e) Computer programming and data processing, except no sales, leasing, rental, repair, or assembly activities are permitted. (f) Consulting services. - (g) Engineering, architecture, surveying or other similar type of service provided that no outdoor storage of equipment or vehicles shall be visible from the street (h) Insurance agents and broker services. W Medical, dental or optical offices, health care services, clinics or laboratories excluding scientific and research, and pbarmacies provided such activities and facilities are entirely -' within the same building. In Photographic studios but not the sale of photographic supplies or camera shops. (k) Real estate offices. (1) Security and commodity brokers, dealers, exchanges and services. i(m) Travel agents and services. (n) Answering and message services. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 8,000 (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A _ (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' (g) Maximum Height of Principal Building 35' (h) Maximum Lot Coverage 50% n ETJ Classification Professional Business 22 NOTES: (1) 1,800 / additional unit (2) No mom than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District C -3R, Big Box Retail 1. Old z+4designation - N/A 2. New zoning designation - C-311 3. Option - N/A 4. District Classification - Big Box Retail 5. Intent - To allow for large stand alone retail establishments to provide goods and services 6. Permitted uses - (a) Stand only retail establishments providing goods and services (b) Home improvement retail warehouses (c) Retail warehouse grocery and home goods supply sales. (d) Other similar establishments as described in (a) through (c) 7. Lot Design Requirements (a) Minimum Lot Area in square feet 15,000 (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback 30 (e) Minimum Rear Setback 15 (f) Minimum Side Setback 10 (p) Maximum Height of Principal Building 35 (h) Maximum Lot Coverage 800/0 (1) ETJ Classification Large Retail NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District Gl, Commercial- Light 1. Old zoning designation - 2. New zoning designation - 3. Option - 4. District Classification - 5. Intent - 6. Permitted uses - C-1 C-1 N/A Commercial- Light To establish and preserve areas of medium. density land use, primarily devoted to general commercial and high-density residential development, and other non -industrial activities. All permitted uses in district MF - offices, services, family oriented amusements, governmental, institutional, commercial and other non -industrial activities, which are conducted wholly within an enclosed building or buildings. No mobile/manufactured/modular homds permitted. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 7,500 (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' (g) Maximum Height of Principal Building 60' (h) Maximum Lot Coverage 75% to ETJ Classification Commercial NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District C-2, commercial- Medium 1. Old zoning designation - C-2 2. New zoning designation - C-2 3. Option - N/A 23 4. District Classification - Commercial- Medium 5. Intent - To establish and preserve areas of high density land use, primarily designated for light industrial development 6. Permitted uses - All permitted uses in district C-1 - light industrial establishments with all associated operations and storage contained within an enclosed building. No mobile/manufactured/modular homes permitted. 7. Lot Design Requirements (a) Minimum Lot Area in square feet 10,000 (b) Minimum Lot Width 100' (c) Minimum Lot Depth 100' (d) Minimum Front Setback 30' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' e (g) Maximum Height of Principal Building Variable (h) Maximum Lot Coverage 80% n ETJ Classification Commercial NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District C -1G, General Light Commercial 1. Old zoning designation - 2. New zoning designation - 3. Option - 4. District Classification - 5.Intent - 6. Permitted uses - U 24 N/A C1G N/A General Light Commercial This category is designed for a broad range of office and retail uses. The intent of this district is to provide services to the entire community and are generally clustered on major thoroughfares. (a) Frozen food storage for families. (b) Mortuaries (c) Miniature golf courses. (d) Restaurants, cafes, cafeterias, drive-in restaurant, and refreshment stands. (e) Schools operated as a business. (f) Studios (dancing, music, drama, reducing, exercise, etc.) (g) Theaters (except drive-in). (h) Home repair and yard equipment retail and rental outlets (all equipment must be indoors) n Cleaning, pressing and dyeing plants provided that only non- explosive cleaning fluids shall be used. nj Retail fuel dispensing with non -bulk storage of fuel and involving no repair or maintenance of vehicles. (k) Plumbing shops, provided no material or equipment is stored outside the building. (l) Printing and copying shops. (m) Produce market (retail). (n) Sign painting shops provided they do not pose a hazard to neighboring structures. (o) Veterinary clinics provided no outside animal runs are Present. (p) Motels and hotels (q) Non -bulk storage of gasoline, petroleum products and liquefied petroleum (r) Wholesale sales offices and sample rooms (s) Mini -storage warehouses with no boat or recreational vehicle storage permitted. (t) Public or private junior - and senior high schools. (u) Private clubs, fraternal orders or civic organizations. �I L (v) Any comparable business or use not included in or excluded from any other district described herein, provided that such use Zoning District C -2G, General Heavy Commercial 1. Old zoning designation - 2. New zoning designation - 3. Option - 4. District Classification - 5. Intent - 6. Permitted uses - 25 N/A C -2G N/A General Heavy Commercial The majority of uses in this district consist of high density office, retail, restaurant, and service activities that are used primarily by shoppers, workers, and nearby residents. (a) Those listed in "CB -1" and "CB -2" (b) Automobile or trailer sales rooms or yards, provided no vehicle shall be displayed or parked outside the building within ten feet (10) of the front and/or side curb -lines of said property, nor, in the case of a comer lot, shall any vehicle be displayed or parked within the area embraced by the radius of the curb and a straight line drawn diagonally between the beginning points of the radius. (c) Billiard halls. (d) Bowling alleys, dancehalls, shooting galleries, skating rinks, and similar commercial recreation buildings or activities; provided, however, that the same shall not be less than two hundred (200) from any existing clinic, hospital, school or church, and shall be not less than two hundred (200. (e) Bus passenger stations is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. 7. Lot Design Requirements (a) Mtptmum Lot Area in square feet 3,000 (b) Minimum Lot Width 50' (c) Minimum Lot Depth 60' (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' (y) Maximum Height of Principal Building N/A (h) Maximum Lot Coverage 75% n ETJ Classification Light Commercial NOTES: (1)1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District C -2G, General Heavy Commercial 1. Old zoning designation - 2. New zoning designation - 3. Option - 4. District Classification - 5. Intent - 6. Permitted uses - 25 N/A C -2G N/A General Heavy Commercial The majority of uses in this district consist of high density office, retail, restaurant, and service activities that are used primarily by shoppers, workers, and nearby residents. (a) Those listed in "CB -1" and "CB -2" (b) Automobile or trailer sales rooms or yards, provided no vehicle shall be displayed or parked outside the building within ten feet (10) of the front and/or side curb -lines of said property, nor, in the case of a comer lot, shall any vehicle be displayed or parked within the area embraced by the radius of the curb and a straight line drawn diagonally between the beginning points of the radius. (c) Billiard halls. (d) Bowling alleys, dancehalls, shooting galleries, skating rinks, and similar commercial recreation buildings or activities; provided, however, that the same shall not be less than two hundred (200) from any existing clinic, hospital, school or church, and shall be not less than two hundred (200. (e) Bus passenger stations (f) Garages (public), other than premises where used vehicles are dismantled or used _ parts are sold, provided that in public garages no repair facilities or activities shall be maintained or carried on outside of the building; provided that no body or fender repairs shall be conducted on any premises adjacent at the side or rear to a district "R" to "R', inclusive; and provided that no wrecked, _ junked, or otherwise inoperative vehicle shall be stored or parked on the premises except while awaiting repair and except under cover of a permanent screening fence of masonry - and/or solid wood (weather resistant redwood, cedar, or equal not less than six feet (6) in height). Garages located on coiner lots may front on either street and shall provide not more than one driveway entrance and one driveway exit to the building. J (p) Reserved (h) Newspaper publishing plants. - n Automobile parking lots for passenger cars only. - In Frozen food lockers for individual or family use. (k) Garages (storage). (!) Greenhouses (commercial) (m) Mortuaries (n) Ice delivery stations for storage and sale of ice at retail only. (o) Printing shops. (p) Storage in bulk of, or warehouse for, such materials as: Clothing, drugs, dry goods, food, furniture, glass, groceries, hardware, household goods, lubricating oil, millinery, paints, paint materials, pipe, rubber, shop supplies, tobacco, turpentine, and varnish, all when incidental to sale at retail on the premises. -� (q) Reserved. (r) Wholesale sales offices and sample rooms. - (s) Any retail business or use of a similar character to those listed above and not _ included in or excluded from any other district described herein, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. 7. Lot Design Requirements It - (a) Minimum Lot Area in square feet N/A (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' ' (g) Maximum Height of Principal Building 60' _ (h) Maximum Lot Coverage 800/0 n E'IJ Classification Light Industrial (Clean) "- NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet 26 Zoning District I4, Light Industrial (Clean) 1. Old zoning designation - 2. New wining designation - - r 3. Option - 4. DistO Classification - 5. Intent - 6. Permitted uses - 27 I-1 I-1 N/A Light Industrial (Clean) Any use permitted in "C" districts, provided that no use is peraritted that would emit or cause radiation, dust, odor, smoke, gas or fumes objectionable to persons of ordinary sensitivity or reasonably hazardous to health, beyond the boundary property lines of the lot or tract upon which the use is located, and which do not generate noise or vibration at the boundary of 'W districts which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. (a) Bakeries. (b) Blacksmith or wagon shops. (c) Carpenter, cabinet, or pattern shops. (d) Carpet cleaning establishments. (e) Cold storage plants. (f) Creameries. (p) Electroplating works. (h) Flour mills, feed mills and grain processing. n Forges (hand). nl Freight terminals (rail and truck, when any storage of freight is outside an enclosed building). (k) Galvanizing works. (I) Grain elevators. (m) Ice plants. (n) Laundries. (o) Lumberyards. (p) Machine shops. (q) Manufacture of products such as artificial flowers, feathers, plumes, awnings, bags, boats, bone products, brooms and brushes, buttons and novelties, candy, canvas products, cement products, concrete blocks, chemicals (non-offensive, nontoxic and non -lethal), cigars, cleaning or polishing preparations clothing coffee (roasting), cosmetics, cottonseed, peanut or similar products, drugs or medicines, electrical signs, extracts, food products, fruit juices, furniture, gas or electric fixtures, ice cream, leather products, light metal products, musical instruments, paper products, sausage, 6hell products, shoes and boots, syrup, terra cotta or tile handcr4$ products, textiles, toys, vinyl products, wooden ware. (r) Monument or marble works, finishing and carving only, excluding stonecutting. (s) Planning mills. (t) Plumbing and sheet metal shop (u) Sales rooms, yards and service for farm machinery, contractor equipment and oil well supplies. (v) Storage in bulk of, or warehouse for, such materials as: Asphalt, brick building material, cement, coal, con tractors' equipment, cotton feed, fertilizer, grain, gravel, grease, hay, ice, lead, lime, machinery, metals, oil plaster, poultry, roofing, rope, sand stone, tar, tarred or creosotes products, terra cotta, timber, wood, when incidental to sale at retail o for purpose of constructing improvements on the premises, alcohol, alcoholic beverages. (w) Assaying works; (x) Cooperage works; (y) Metal stamping, shearing punching, forming, cutting, cleaning, heat treating, etc.; (z) Sheet metal shops; (aa) Manufacture of adding machines, cash registers, typewriters, basket material, boxes, electric lamps, carriage or wagon parts, clay, shale and glass products, cutlery tools, bicycles, electrical machinery, tools, fiberglass products, and piping subassemblies; Storage in bulk and/or warehousing of production materials and finished goods associated with the manufacture of those items. 7. Lot Design Requirements (a) Minimum Lot Area in square feet N/A (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' (g) Maximum Height of Principal Building 60' (h) Maximum Lot Coverage 80% n ETJ Classification Light Industrial (Clean) NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal budding (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are sbown in feet Zoning District I-2, Heavy Industrial 1. Old zoning designation - 2. New zoning designation - 3. Option - 4. District Classification - 5. Intent - 6. Permitted uses - E9 N/A I-2 Heavy Industrial To establish heavy industrial activities associated with manufacturing. (a) Any use permitted in district "I-1" (b) Ammonia, bleaching powder, chemical plants. (c) Breweries, distilleries, and manufacntre of alcohol and alcoholic beverages. (d) Blooming or rolling mills. (e) Canning or preserving factories. (f) Cider mills. (g) Concrete or asphalt mixing plants. (h) Cotton ginning or baling works. n Enameling works. nj Electric power plants. (k) Forges (power). (l) Hides and skins (tanning). (m) Lumber mills. (n) Manufacture of asphalt, boilers, bronze, cans, carbon or lampblack, disinfectant, dyes, glass, locomotive, motorcars, airplanes, oil cloth, linoleum, railway cars, synthetic rubber products, soap, starch, vinegar. (o) Meat or fish packing or storage plants. (p) Any other uses not now or hereinafter prohibited by ordinance of the City of Cibolo regulating nuisances, except that the following uses will be permitted only by approval of the city council after report from the health department, fire department, and city planning and zoning commission: (1) Acid manufacture. (2) Cement, lime, gypsum or plaster of Paris manufacture. (3) Distillation of bones. (4) Explosive manufacture or storage. (5) Fertilizer manufacture and storage. i (6) Gas manufacture. () Garbage, offal or dead animal reduction or dumping. (8) Paper or pulp manufacture. (9) Petroleum or its products (refining oo. (10) Stockyards or slaughtering. (11) Bulk storage of gasoline, liquefied petroleum and flammable liquids. . _ (12) Auto wrecking yards. (13) Junkyards, including storage, sorting, baling, or processing of rags. (14) Wool scouring. - (15) Manufacture of carbon batteries. (16) Iron and steel manufacture. (17) Manufacture of paint lacquer, oil, turpentine, varnish, enamel, etc. (18) Manufacture of rubber, glucose, or - dextrin. (19) Tar products. —. (20) Monument or marble works. (21) Oil compounding and barreling plants. (22) Railroad roundhouses or shops. (23) Rock crushers. (24) Steel furnaces. (25) Structural iron or pipe works. (26) Sugar refineries. (27) Tar distillation or manufacture. (28) Wire or rod mills. (29) Foundries (iron, brass, bronze i aluminum); - (30) Bides and skins (storage and curing). 7. Lot Design Requirements (a) Minimum Lot Area in square feet N/A (b) Minimum Lot Width N/A - • (c) Minimum Lot Depth N/A (d) Mmimum Front Setback 40' I (e) Minimum Rear Setback 15' (f) Minimum Side Setback 10' - (p) Maximum Height of Principal Building 35' (h) Maximum Lot Coverage 80% ' n ETJ Classification Heavy Industrial NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet. Zoning District PK, Parkiand/Open space - i 1. Old zoning designation - OF 2. New zoning designation - PK 3. Option - Other uses as determined by the City Council before recordation of plat N/A after plat has been recorded. 4. District Classification - Parkland/Open space S. Intent - To set aside open space within the city to provide recreational opportunities for the city's residents. - 6. Permitted uses - Includes parks, green -spaces, and other land intended for trecreation in the city. 29 _ 7. Lot Design Requirements (as required and described in "Intent" (a) Minimum Lot Area in square feet N/A (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback N/A ' (e) Mmimum Rear Setback N/A (f) Minimum Side Setback N/A (p) Maximum Height of Principal Building N/A (h) Maximum Lot Coverage N/A ` n ETJ Classification Open Space/ Park NOTES: (1)1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet - _ Zoning District OD, Overlay District 1. Old zoning designation - 2. New zoning designation - 3. Option - 4. District Classification - 5. Intent - SO OD N/A Overlay District Special overlay districts may be established when it is determined additional zoning requirements, as authorized by the Zoning Ordinance, are applicable to certain areas within the city. This special overlay district will not change the existing zoning classification and its restrictions, but may alter requirements for the purpose of promoting the health, safety, and general welfare of the city. The City of Cibolo, Texas must forward a public hearing and proper notice to all affected parties, in accordance with the notice procedures prescribed under the Zoning Ordinance. Authorization of special overlay districts must be recommended by the planning and zoning commission and approved by the City Council 6. Permitted uses - (as required and described in "Intent" 7. Lot Design Requirements (a) Minimum Lot Area in square feet N/A (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback N/A (e) Minimum Rear Setback N/A (f) Minimum Side Setback N/A (g) Maximum Height of Principal Building N/A (h) Maximum Lot Coverage N/A n ETJ Classification Special Overlay District NOTES: (1)1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements and are shown in feet Zoning District AS, Places of Assembly 1. Old zoning designation - N/A - 2. New zoning designation - AS 3. Option - 4. District Classification - Places of Assembly 5. Intent - 6. Permitted uses - (a) Schools (private, elementary, high, college, and university). 1 (b) Churches. (c) Indoor theatres 7. Lot Design Requirements _ (a) Minimum Lot Area in square feet 8,000 (b) Minimum Lot Width N/A _ (c) Minimum Lot Depth N/A (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' 'f (� Minimum Side Setback 10' " 30 11 I t� () Maximum Height of Principal Building 35.' (h) Maximum Lot Coverage 75% j to ETJII Classification Assembly NOTES: (1) 1,800 / additio'nal unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a Manufactured Homes Parks (5) All lot and setback dim i sions listed are minimum requirements and are shown in feet 31 CHAPTER 12 ZONING MAPS A. The City Council shall divide the City into districts of a number, shape, and size the City Council considers best for carrying out this ordinance. Within each district, the City Council shall regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land. B. These regulations are hereby adopted with reasonable considerations, among other things, for the character of each district and its peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the City. C. Zoning maps and delineation of district boundaries shall be in accordance with Section 211.010 of - Chapter 211 of The Local Government Code of the Texas State Statutes. D. The establishment of the district designation boundaries herein established is shown on the official zoning made as a part of this ordinance. It shall be the duty of the City Engineer to maintain the official Zoning Map together with all notations, references and other information and amendments thereto. _. E. For Zoning map of districts created prior to JWy 8 2003. Boundaries of the districts as enumerated in CHAPTER 10 of this ordinance are hereby established and adopted on the zoning map of the City of Cibolo prepared as a result of the master plan update in 1977. Such zoning map and all ` notations, references and other information shown on such zoning map are as much a part of this chapter as if the matters and information set forth by such maps were all fully described herein. F. For Zoning map of districts created effective July 8, 2003 The districts as enumerated in CHAPTER 10 of this ordinance are hereby established and adopted on the official zoning map of the City of Cibolo. Such zoning map and all notations, references and other information shown on such zoning map are as much a part of this ordinance as if the matters and information set forth by such map were all fully described herein. --- G. 1 (one) original, official copy of each of the above described zoning maps shall be filed with the City Secretary for use of the public and for observation in issuing building permits, certificates of occupancy and for enforcing the Zoning Ordinance. H. Written verification of the zoning classification in which any property has been placed may be given upon payment of a zoning verification fee as stated in APPENDIX A "SCHEDULE OF FEES". I. When definite distances in feet are not shown on the zoning district maps, the district boundaries are extended to be along existing streets, alleys or platted lot lines, or extensions of the same, and if the exact location of such lines is not clear, it shall be determined by the planning director, due - consideration being given to location as indicated by the scale of the zoning district maps. Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such street or alley. K. All territory which may hereafter be annexed into the City of Cibolo shall automatically be classed as lying and being in District R-1 until such classification shall have been changed by an amendment to the Zoning Ordinance as provided by law. L. Copies of the City Zoning Map are to be made available to the public. Fee for copies of the City Zoning Map shall be prescribed in APPENDIX A "SCHEDULE OF FEES". 32 CHAPTER 13 PLANNED DEVELOPMENT DISTRICTS Section 1. Purpose) The Planned development district is designed to provide for the development of land as an integral unit for single or mixed uses accordance with a plan that may vary from the established regulations bf other zoning districts. It is the intent in such a district to insure compliance with good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications. Section 2. Application: i l An application for a planned development district shall be processed in accordance with this Chapter and Section. A pre -planning conference is required between the applicant and the planning director prior to the actual filing of the application. Section 3. District Plans And Requirements: A. There are 2 (two) types of plans that may be used in the planned development process. The general purpose and use of each plan is described as follows: 1. Concept plan. This plan is extended to be used as the first step in the planned development process. It establishes the most general guidelines for the district by identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district 2. Detail plan. The detail plan is the final step of the planned development process. It contains the details of development for the property. For smaller tracts or where final development r- plans are otherwise known, the detail plan may be used to establish the district and be the only jrequired step in the planned development process. Section 4. Concept Plan Requirements A. The application for a planned development district shall include a concept plan. Said concept plan shall include the following. 1. Relation to the development plan. A general statement setting forth how the proposed district will 2. Relate to the city's comprehensive development plan and the degree to which it is or is not Jconsistent with that plan. B. Acreage. 1. The total acreage within the proposed district C. Survey. 1. An accurate survey of the boundaries of the district D. Land Uses. 1. Proposed general land uses and the acreage for each use, including open space. For residential development, the total number of units and the number of units per acre. E. General Thoroughfare Layout 1. Proposed streets, as a minimum to arterial street level. (Showing collecto{ and local streets is _ optional) Section 5. Development Standards. A. Development standards for each proposed land use, as follows: 1. Minimum lot area. 2. Minimum lot width and depth. 3. Minimum front, side, and rear yard areas. 4. Maximum height of buildings. — 5. Maximum building coverage. 6. Maximum floor to area ratios for nonresidential uses. 7. Minimum parking standards for each general land use. Section 6. Existing Conditions. A. On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed district: J 1. Topographic contours of 10' (ten feet) or less. 2. Existing streets. 3. Existing 100 -year floodplain, floodway and major drainage ways. 4. City limits and E.T.J. boundaries. 33 ,ill 5. Zoning districts within and adjacent to the proposed district Land use. 6. Utilities, including water, wastewater and electric lines. Section 7. Detail Plan Requirements A. The application for a planned development district shall include a detail plan. Said detail plan shall include the following. 1. Acreage. The acreage in the plan as shown by a survey certified by a registered surveyor. 2. Land uses. Permitted uses, specified in detail, and the acreage for each use. 3. Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. 4. Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses. 5. Buildings. The locations, maximum height, maximum floor area and minimum setbacks for all nonresidential buildings. 6. Residential development The numbers, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density). 7. Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements. 8. Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district 9. Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. 10. Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use. Section 8. Approval of District A. The City Council may, after receiving the report of the Planning and Zoning Commission, approve by ordinance the creation of a district based upon a concept plan or a detail plan. The approved plan shall be made part of the ordinance establishing the district Upon approval said chlor shall be indicated on the zoning maps of the city. B. Development Standards: The development standards and requirements including, but not limited to: 1. Maximum height 2. Lot width 3. Lot depth 4. Floor area 5. Lot area 6. Setbacks; and Section 9. Maximum Off -Street Parsing and Loading Requirements A_ For uses proposed shall be established for each planning development district based upon the particular merits of the development design and layout Such standards and requirements shall comply with or be more restrictive than the standards established for the specific type uses in the particular districts in which they would ordinarily be permitted under the general Zoning Ordinance, except that modifications in these regulations may be granted if it shall be found that such modifications are in the public interest, are in harmony with the purposes of this ordinance and will not adversely affect nearby properties. Section 10. Commission Approval of Detail Plan A. The commission is authorized to approve a detail plan or the amendment of a detail plan for property for which a concept plan has been approved by the City Council The approved detail plan shall be permanently filed in the planning department The commission the detail plan if it finds that: 1. The plan complies with the concept plan approved for that property; 2. The plan provides for a compatible arrangement of buildings and land uses and would not 34 adversely affect adjoining neighborhood or properties outside the plan; and 3. The plan provides for the adequate and safe circulation of vehicular traffic B. If no detail plan has been approved for the property within 10 (ten) years of the date of approval of a concept plan, the detail plan must be approved by the City Council, after receiving the report of the commission and after notice and hearing. C. Expiration of detail plan: A detail plan shall be valid for 24 (twenty-four) months from the date of its approval. If a building permit has not been issued or construction begun on the detail plan within the 24 (twenty-four) month, the detail plan shall automatically expire and no longer be valid. The commission may, prior to expiration of the detail plan, for good cause shown, extend for up to 24 (twenty-four) month the time for which the detail plan is valid. D. The planning director shall prepare a report annually in July to the commission detailing the actual development accomplished in the various planned development districts. E. Appeals from commission action: If the commission disapproves a detail plan over which it has final approval authority, or imposes conditions, or refuses to grant an extension of time for which a detail plan is valid, the applicant may appeal the decision to the City Council by filing a written request with the director of planning within 10 (ten) days of the decision. F. Changes in detail plan: Changes in the detail plan shall be considered the same as changes in the Zoning Ordinance. Those changes which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the Uses permitted or increase the density, floor area ratio, height, or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site, as indicated on the approved detail plan, may be authorized by the planning director. Any applicant may appeal the decision of the planning director to the planning and zoning commission for review and decision as to whether an amendment to the planning development district ordinance shall be required. G. Uses permitted/minimum development size: A planned development district may be approved for any use or combination of uses enumerated in those approved by the City Council. H. The total initial development of any planned development district shall not be less than 2 (two) acres. CHAPTER 14 GENERAL PROVISIONS AND EXCEPTIONS; USE, HEIGHT AND AREA REGULATIONS A. No structure shall be constructed, erected, or moved in or on to any location in the City of Cibolo if such structure does not conform with the sanitary, health and building regulations of such location or is not in keeping with the average value, construction, type and size of established property in any such location. This section shall not apply to those temporary buildings used in connection with a -. construction project, provided that such buildings shall be removed within (30) thirty days after completion of the permanent building being constructed. B. Temporary real estate sales office, whether portable or non-portable, shall be permitted in any residential zoning district or on residentially used property upon issuance of a p t by the building official for a period not to exceed 12 (twelve) months. Extensions in time for the purpose of such use shall be requested in writing and may be granted by the building official. C. A permanent screening fence of masonry and/or solid wood (weather -resistant redwood, cedar, or equal) 6' (six feet) to 8' (eight feet) in height shall be erected along the entire length of the common line between property used for multifamily developments of 5 (five) units or more or commercial or j industrial purposes and any abutting property zoned or used for single-family or two-family purposes. It shall be permanently and adequately maintained by the multifamily, commercial or industrial owner. iD. On any lot on which a front yard is required by this ordinance, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location within such required front yard so as to obstruct the view. Generally any such fence, + wall, hedge, or shrubbery higher than a base line extending from a point 2'- 6"(two feet and six I inches) above walk grade at the walk to a, except single point 4'/s' (4 four and one-half feet) above walk grade at the depth of the front yard is considered an obstruction to view trees having a single trunk which are pruned to a height of 7 (seven feet) above walk grade; however, where owing to j special conditions the budding official has evidence that literal enforcement would be unnecessary, ` ' 35 Ii J be may modify the general rule. Solid fences between residential properties located behind the front setback line shall not exceed 6' (six feet) in height E. No billboard, signboard, or advertising sign shall be permitted in any residential district, except an non -illuminated "for sale" or "for rent" sign, not to exceed height square feet in area. This shall not apply to on-site identification signs for multifamily developments. F. In all commercial districts, no open accessory storage or display of materials and commodities shall be permitted unless the storage or display is set back at least 25' (twenty-five feet) from all right-of- ight-ofway waylines. This shall not apply to automobile or trailer sales lots. G. 1 (one) additional habitable building located on a lot with a main residential structure and for such purposes as guesthouse, bathhouse or for persons employed as domestics on the premises, and not for rent or use as a separate domicile, shall be allowed as an accessory use for resident/owners of single-family dwelling units. Such facilities may be located in the main structure or in an accessory building located on the same lot with the main residential structure but with no separate utility meters. H. The sale of alcoholic beverages shall be prohibited within 300' (three hundred feet) of a church, public school or public hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections. On premises selling alcoholic beverages where minors are prohibited from entering, -- the measurement of the distance between the premises and a public school shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections. This section does not apply to any establishment that is licensed for the sale or consumption of alcoholic beverages at the time a church, public school or hospital begins construction or occupancy of a building within 300' (three hundred feet) of the licensed establishment Nor shall it apply to churches, public schools or hospitals that are themselves licensed for the sale or consumption of alcoholic beverages. I. Household pets, livestock, fowl, and all other animals will be allowed in any zoning district provided - the provisions of Ordinance #360, or the latest revision of this ordinance, is complied with. J. Height exceptions: 1. The height limits for the various districts shall not apply to church spires, belfries, cupolas or domes not used for human habitation nor to chimneys, ventilators, skylights, water tanks, parapet walls, cornices, solar energy systems, or necessary mechanical appurtenances usually located on the roof level, provided that such features are limited to that height necessary for their proper functioning. K. Yard exceptions: 1. In any zoning district where lots on the same side of the street between 2 (two) intersecting streets are developed with varying front yard depths and no plat has been filed showing a setback line, the front setback shall be determined by the building official 2. Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the depth or width of such yard shall be measured from such official line to the nearest line of the building. 3. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except -' for the ordinary projection of sills, beltcourses, cornices, cbimneys, buttresses, ornamental features and eaves, provided that nl (one) of the above projections shall extend into a required yard more than 24" (twenty-four inches). 4. Any exterior stairway, open or enclosed, may project not more than 4' (four feet) into a required rear yard. 5. No rear yard shall be required on any lot commercially or industrially zoned, the rear line of which adjoins a railway right-of-way or which has a rear railway tract connection, provided the lot is not utilized for residential purposes. - - 6. In computing the depth of a rear yard for any building where such yard abuts a dedicated alley, one-half of such alley may be assumed to be a portion of the rear yard. - 36 Ii J --, 7. On a comer lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than 18' (eighteen — feet) from the rear yard lot line, and shall not occupy more than 30% (30 percent) of the required rear yard. 8. In any mobile home subdivision in the mobile home zoning district, the rear yard setback requirement may be decreased 1' (one foot) for every foot the side yard is increased above the minimum; provided that under no circumstances shall the rear yard be less than 10' (ten feet). This exception shall apply only to mobile homes and not to site -built residences. 9. In any district, an interior side yard of 5' (five feet) may be permitted for a residence or an addition to a residence if the lot on which it is to be built is less than 60' (sixty feet) wide at the front setback line and the lot was an approved lot of record prior to July 9,1967.' 10. Air conditioning compressors, swimming pool pumps and similar accessory structures shall observe all front setbacks specified for the particular zoning district in which the property is located. A minimum interior side yard and rear yard setback of 3' (three feet) shall be observed. 11. The requirements set forth in this ordinance shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas. 12. Any tower or antenna existing on the effective date of this ordinance shall not be required to meet the requirements of this ordinance. Any such towers or antennas that fail to meet the requirements of this ordinance shall be referred to in this ordinance as "grandfathered towers" or "grandfathered antennas" and nonconforming. CHAPTER 15 (RESERVED FOR FUTURE USE) MN CHAPTER 16 ACCESSORY BUILDINGS AND USES PERMITTED A. Accessory buildings shall comply with City Ordinances # 563 or its latest amendment and/or revision, and State laws. CHAPTER 17 VISUAL SCREENING REQUIREMENTS A. All land uses established after the effective date of this ordinance shall be required to install and —I maintain a visual screen along every property line. Screening requirements are not applicable to the front property line if the property is contiguous to a State highway and where industrial abuts commercial, specifically separating residential from commercial or industrial use. In addition, where a parcel of land has 2 (two) different zoning classifications, the same visual screening requirements shall be required. All screens must be s minimum of 6' (six feet) tall as measured from the natural grade. Approved visual screening shall provide a minimum of 95% (ninety-five percent) visual screening blockage of the higher intensity use operation from being seen from the lower intensity use classification area and viewed from ground level. Approved types of visual screening are as follows: 1. Where any "C" or "I" designated zoning district abuts any "R" designated zoning district the screening shall be constructed of masonry block, brick, natural stone, man-made stone or other masonry product 2. Where any `BD" designated zoning district abuts and "R" designated zoning district the screening shall be constructed of a wooden fence made from standard wood fencing material with all vertical boards attached on the same side of the supports. CHAPTER 18 OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS Section 1. General Provisions A. Application to existing and future uses. 1. Except as provided hereafter, the parking space requirements of this ordinance shall apply to all buildings hereafter erected, to all changes in use hereafter made, and to all expansions of present uses. Existing uses not meeting the requirements of this section may be continued, and such uses shall be considered as non -conforming uses. Except as provided hereafter, no change in use shall be permitted unless the number of off-street parking spaces required by this section for such proposed use shall have been provided. 2. Exception to application for existing uses and changes in uses. Buildings before the passage of this ordinance are exempt from being required to have the number of off-street parking spaces required by this section when: (a) The use of the building is being changed, but the building is not being enlarged; or (b) The building is being renovated, but not enlarged; or (c) The building is being brought back into use after being vacant 3. Where an existing building or use is being enlarged, the entire building or use shall comply with all provisions of this section. Section 2. Location A. The off-street parking facilities required for the uses mentioned in this regulation and for other similar uses shall be on the same lot or parcel of land as the structures they are intended to serve, or, when practical difficulties, as determined by the Board of Adjustment, prevent their establishment upon the same lot or parcel, such facilities shall be located within (200 (two hundred feet) of the premises which they or alley. Section 3. Continuing Character of Obligation. A. The schedule of requirements for off-street parking applicable to newly erected or substantially altered structures shall be a continuing obligation of the owner of the real estate on which such structure is located so long as the structure is in existence its use requiring vehicle parking continue. No owner of any building affected by these regulations shall discontinue, change or dispense with, or cause the discontinuance change of, the required vehicle parking spaces apart from the discontinuance or transfer of such structure or without establishing adequate parking spaces which on with the requirements of, and are in compliance with, these provisions. No.person firm or corporation shall use such building without acquiring such land for vehicle parking that meets the 38 requirements and is in compliance with, this section. Section 4. Construftion and Maintenance. A. Off-street parking facilities shall be constructed, maintained and operated in accord with following specificatio s: _ 1. Areas sh be properly graded drainage, and surfaced with concrete, asphaltic concrete, or asphalt and maintained in good condition, free of weeds, dust, trash and debris. 2. Where the area is adjacent to property used for residential purposes, there shall be provided for the length of common boundary, a wall or solid screening fence not less than 6' (six feet) in height, measured from the finished grade of the parking area 3. Lighting facilities shall be arranged so that the source of light is concealed from view from adjacent residential property and does not interfere with traffic. 4. Construction and location of entrances, exits, aprons, stops, etc., shall be according to standard city specifications and shall be located so as to minimise traffic congestion. 5. Any use requiring 5 (five) or more off-street parking spaces under the provisions of this section shall be required to delineate or mark each space in a manner acceptable to the city. Said delineation or marking shall be in accordance with the parking plan as approved in conjunction with the building Section 5. Minimum Dimensions and Specification for Off -Street Parking Facilities. A. Off-street parking facilities shall be designed to m the following minimum dimensions and specifications: 1. Ninety -degree angle Pazg. Each parking space shall not be less than in width and 18' (eighteen feet) in length Maneuvering space shall not be less than 24' (twenty-four feet) for one-way or two- way traffic operation. 2. Sixty -degree angle parking. Each parking space shall not be less than 9' (nine feet) wide perpendicular to parking angle and not less than 18' (eighteen feet) in length when measured at right angles to the building or parking line. Maneuvering space shall not be less than 17- 6" (seventeen feet and six inches) for one-way traffic operation, and 20' (twenty feet) for two-way traffic operation perpendicular to the building or parking line. 3. Forty -five -degree angle parking: Each parking space shall not be less than 9' (nine feet) wide perpendicular to the parking angle nor less than 19' (nineteen feet) length when measured at right angle to the building or parking line. Maneuvering space shall not be less than 13'- 5" (thirteen feet and five inches) for one-way traffic operation and 20' (twenty feet) for two-way traffic operation perpendicular to the building or parking line. 4. Thirty -degree angle parking. Each parking space shall not be less than 9' (nine feet) wide perpendicular to the parking angle nor less than 15'- 11" (fifteen feet and eleven inches) in length when measured at right angles to the building or parking line. Maneuvering space shall not be less than 12' (twelve feet) for one-way traffic operation and 20' (twenty feet) for twp-way traffic operation perpendicular to the building or parking line. 5. Parallel parking. Each parking space shall not be less than 9' (nine feet) wide perpendicular to the curb or parking line nor less than 22' (twenty-two feet) in length measured parallel with the curb or parking line. Maneuvering space shall not be less than 10' (ten feet) for one-way traffic operation and 20' (twenty feet) for two-way traffic operation parallel to the parking line. 6. Island requirements for single row parking. An island, not less than 6" (six inches) in height and encompassing not less than 180 (one hundred and eighty) square feet in area, shall be located at both ends of every single parking row of 25 (twenty-five) parking spaces or greater, 7. Island requirements for double row parking- An island, not less than six inches in height and encompassing not less than 360 (three hundred and sixty) square feet in area, shall be located at both ends of every double parking row of 25 (twenty-five) parking spaces or greater. 8. When off-street parking facilities are located adjacent to a public street, a portion of said street right-of-way may be utilized as maneuvering space. 9. When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement. 10. When off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided, but not required by this section, said off-street 39 parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified 11. Maneuvering space shall not be required for single-family or two-family dwellings Section 6. Measurement and Computation A. Mixed uses. Where more than 1 (one) use exists on the same site or in the said building, the portion of such site or building devoted to each use shall be used in computing the number of off-street parking spaces required for such use. For such site or building the total requirements for off-street parking spaces shall be the sum the requirements of the various uses computed separately. The off- street parking space for 1 (one) use shall not be considered providing the required off-street parking B. Fractional measurement When the requirement for each separate use is computed, fractions shall be counted at t actual value. When units of measurement determining the total number of required off- street parking spaces result in a requirement of a fractional space, any fraction than one-half shall be disregarded Any fraction of one-half or over shall require Section 7. Schedule Of Required Spaces: A The classification of uses enumerated in this schedule is general and is extended to include all similar uses. Where classification of use is not determinable from schedule, the director of planning shall fix the classification. B. For each structure designed for any of the following uses, or for any like us off street parking space shall be provided for the dwelling unit: 1. Single-family residence — 2. Two-family residence C. For apartments, apartment hotel units and other multifamily dwellings, off-street parking spaces shall be provided in accord with the following schedule: Number of Required Spaces 1. One -bedroom apartment or unit .............. 11/2 2. Two-bedroom apartment or unit .............. 2 3. Each additional bedroom 2 4. Each dwelling unit provided exclusively for low income elderly* occupancy 3/4 (*Mow income elderly" is defined as any person 62 (sixty-two) years of age or older whose annual income would make him eligible for low rent public housing.) D. For each of the following uses, or for any like use, 1 (one) off-street parking space shall be provided for each 1,000 (one thousand) square feet of gross floor area or lot area devoted to each use: 1. Blueprinting. 2. Business service establishments. 3. Contractor's equipment yard. 4. Fabricating plants. 5. Lumberyards. 6. Printing and engraving plants. 7. Public utility building (except offices). 8. Research laboratories. 9. Soft-drink bottling establishments. 10. Warehouses and storage buildings and yards (except mini -storage warehouses). 11. Warehouse and storage areas in wholesale establishments. 12. Well drilling equipment yard E. For each of the following uses, or for any like use, 1.1 ( one point one)off-street parking spaces shall be provided for each bedroom: 1. Hotel. 2. Motel. 3. Tourist home. 4. Other similar transient accommodations. F. For each of the following uses, or for any like use, off-street parking spaces shall be provided as follows: 1. 1 (one) space for each 2 (two) persons which the establishment is designed to house, plus 1 (one) space for each 3 (three)employees: 40 G. J-'1 H I 2. Club having sleeping accommodations. 3. Dormitory. 4. Fraternity. 5. Lodging house. 6. Roo 'g house. 7. Sororit . 8. Other similar group quarters. For each of the following uses, or for any like use, 1 (one) off-street parking space shall be provided for each 4 (four) employees, 1 (one) off-street parking space for each 4 (four) patient beds, and 1 (one) off-street parking space for each staff doctor. (a) Asylums. (b) Convalescent homes. (c) Homes for the aged and infirm. (d) Hospitals and all other similar institutions. (e) Orphanages. For each of the following uses or for any similar use, 1 (one) off-street parking space shall be provided for each 2 (two) employees or staff members, plus 1 (one) off-street parking space for each 5 (five) children for which the facility is licensed by the state: 1. Children's day care center. 2. Kindergarten For each of the following uses, off-street parking spaces shall be provided according to the specified number. 1. Elementary and junior high schools (public, parochial, private) hereafter erected, reconstructed or enlarged shall provide 1 (one) space for each 2 (two) teachers and 1 (one) space for each 2 (two) persons employed on the premises. In addition, if buses for the transportation of children are kept at the school, 1 (one) off-street parking space shall be provided for each bus. 2. Senior high schools (public, parochial, private) hereafter erected, reconstructed, or enlarged shall provide 1 (one) space for each 2 (two) teachers and 1 (one) space for each 2 (two) persons employed on the premises, plus 1 (one) additional space for each 10 (ten) students enrolled. In addition, for buses kept at the school, 1 (one) off-street parking space shall be provided for each bus. 3. Colleges and universities: For all colleges and universities hereafter erected, reconstructed, or enlarged, provisions shall be made for off-street parking of motor vehicles for the use of teachers, staff members, students, visitors, and employees. Such parking shall provide 1 (one) space for each 2 (two) teachers, and members of the technical and administrative staff, plus 1 (one) space for each 4 (four) additional persons employed on the premises, plus 1 (one) space for each 5 (five) day students not residing on campus. For each of the following uses, or for any like use, 1 (one) off-street parking space shall be provided for each 4 (four) seats for patron use, or for each 100 (one hundred) square fee of gross floor area, whichever is greater. 1. Bars. 2. Dancehalls. 3. Lunch counters and drive-ins. - 4. Nightclubs. 5. Restaurants and all other similar dining or drinking establishments. 6. Taverns K All indoor theaters shall provide 1 (one) off-street parking space for each 5 (five) seats or patron use. L. For each of the following uses, or for any.like use, 1 (one) off-street parking space shall be provided for each 400 (four hundred) square feet of gross floor area: 1. Assembly halls. 2. Auditoriums. 3. Bowling alleys. 4. Churches. 5. Circus tents " 41 �J 6. Community halls. 7. Convention halls. 8. Depots, freight terminals, passenger terminals. 9. Exhibition halls. 10. Funeral homes. 11. Gymnasiums. 12. Libraries. 13. Mortuaries. 14. Museums. 15. Racetrack structures. 16. Recreation halls. 17. Sports area structures. 18. Stadiums. 19. Retail establishments, except as provided in section "G" below. M. For each of the following uses, or for any like use,1 (one) off-street parking space shall be provided for each 200 (two hundred) square feet of gross floor area: 1. Banks and other financial and lending institutions. 2. Barber and beauty shops. 3. Motor vehicle filling stations or repair garages, muffler or tire shops. 4. Personal service shops. 5. Retail establishments including meat markets, grocery stores, supermarkets, and other service establishments. 6. Sales, display, customer, or office areas in wholesale establishments. 7. Skating rinks. N. All office buildings, medical and dental clinics and laboratories shall provide 1 (one) off-street parking space for each 300 (three hundred) square feet of gross floor area. O. For mini -storage warehouses, public storage rental units, and similar uses, there shall be 1 (one) off- street parking space provided for every 2 (two) storage units, or for every 400 (four hundred) square feet of gross floor area, whichever is greater. P. For each of the following uses, or any like use, 1 (one) off-street parking space shall be provided for each 5 (five) members of such use or 1 (one) off-street parking space for each 300 (three hundred) square feet of gross floor area, plus 1 (one) off-street parking space for each 5,000 ( five thousand) square feet of gross land area, whichever is greater. 1. Fraternal organizations, lodges an similar societies not providing overnight accommodations or any regular service of food or alcoholic beverages and not affiliated with a college or university. (If overnight accommodations are provided, the requirements of section A.3-6 shall be applicable.) 2. Civic clubs and similar societies not providing regular service of food or alcoholic beverages. (If overnight accommodations are provided, the requirements of section A.3.6 shall be applicable.) Q. For each of the following uses, or like use, l (one) off-street parking space shall be provided for each 4 (four) members of such use or 1 (one) off-street parking space each 300 (three hundred) square feet of gross floor area plus I (one) off-street parking space for each 3,000 ( three thousand) square feet of gross land area up 10 (ten) acres, and 1 (one) off-street parking spa for each 6,000 (six thousand) square feet of gross area in excess of 10 (ten) acres, whichever greater. 1. Private dubs and community dubs not providing regular service of or alcoholic beverages. (If overnight accommodations are provided, requirements of section A.3-6 shall be applicable.) R For each of the following uses, or like use, l (one) off-street parking space shall be provided for each 2 (two) members of such use or 1 (one) off-street parking space each 300 (three hundred) square feet of gross floor are plus 1 (one) off-street parking space for each 1,500 (one thousand five hundred) square feet of gross land area up 10 (ten) acres, and 1 (one) off-street parking spa for each 5,000 ( five thousand) square feet of gross area in excess of 10 (ten) acres, whichever greater. 1. Private clubs and community including regular service of food S. Exception to required number of spaces 1. The number of off-street parking spaces require maybe reduced by no more than 10% (ten percent) if the following conditions are met: (a) A minimum of 10 (ten) parking spaces are require by this chapter 42 `I (b) A green space consisting of 90% (ninety percent) pervious cover must occupy the same space as would the required parking space; and (c) The green space(s) must be evenly distributed through the parking lot; and (d) For the purpose of this section, a green spa means land which is maintained in a natural state and reserved for landscaping, consisting grass or other vegetative ground cover and other combinations of trees, shrubs, or flowering plant The green space may not be used for the parking of vehicles. CHAPTER 19 NON -CONFORMING BUILDINGS AND USES Section L General A. The lawful use of any building, structure land existing at the time of the enactment of ordinance may be continued although such does not conform with the provisions of ordinance, provided, however, the right to continue such non -conforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use the premises produces a condition which constitutes a nuisance and further, the right of non -conforming uses to continue shall be subject to s regulations as to the maintenance of the premises and conditions of operations as may in judgment of the Board of Adjustment be reasonably required for protection of adjacent property and further, the right of non -conforming uses continue shall be subject to the following regulations: 1. Normal repairs and maintenance may be made to a non -conforming building or structure; provided that no structural alterations shall be made except those required by law or ordinance or those necessary for installing or enclosing required sanitary facilities such as toilets and bathrooms. 2. A non -conforming building or structure shall not be moved in whole or in part unless every portion of such building or structure is made to conform to all regulations of the district on which it is to be located. 3. If a non -conforming building or structure is damaged or destroyed to an extent of less than 60% - (sixty percent) of its fair market value by fire, explosion, or act of God, then the restoration of new construction shall be permitted: If destruction is greater than 60% (sixty percent) of its fair market value, such building or structure and its use if repaired or replaced shall conform to all regulations v of the district in which it is located and shall be treated as a new building. 4. A non -conforming use shall not be enlarged or extended except upon authorization by the City Council serving in capacity of the Board of Adjustment. A non -conforming use may be changed to a conforming use so long as it complies with the standards of the district in which it is located. -- If such non -conforming use or portion thereof is voluntarily changed to a conforming use, any future use of such building, structure or portion thereof shall conform to the regulations of the district in which such building is located. Section 2. Non -conforming Buildings A. A non -conforming building or structure may be occupied except as herein otherwise provided. 1. Abandonment. A non -conforming use of any building, structure or land which has been abandoned shall not thereafter be returned to such non -conforming use. A not -conforming use shall be considered abandoned: (a) When the intention of the owner to discontinue the use is apparent; or, (b) When the characteristic equipment and furnishings of the non -conforming use have been removed from the premises and have not been replaced by similar equipment within 1 (one) year; or, (c) When a non -conforming building, structure or land or portion thereof which is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of 1 (one) year, or, (d) When it has been replaced by a conforming use -. Section 3. Section B: Non -Conforming Use Of Land A. The non -conforming use of land at the time of the effective date of this ordinance may continue as herein provided: 1. A non -conforming use of land shall not be expanded, extended, or changed to some other use not in compliance with the regulations of the district in which the land is situated. 43 CHAPTER 20 UNCERTAIN DISTRICT BOUNDARY VERIFICATION PROCEDURE A. Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the official zoning map, the following rules shall apply: 1. The district boundaries are either street or alley center lines unless otherwise shown and where the districts designated on the map are made approximately by street or alley center lines, the street or alley center lines shall be construed to be the boundary of the district. 2. Where the district boundary is not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines. Where the district boundaries are currently bound by lot lines, such lot lines shall be construed as district boundaries. 3. In un -subdivided property, the district boundary lines on the map shall be determined by the use of the scale appearing on the map. 4. In subdivided property, where a district boundary line divides property into 2 (two) parts, the district boundary line shall be construed to be the property line nearest the district boundary line as _— shown. 5. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of the alley, street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts. 6. Where streets or alleys on the ground differ from the streets or alleys shown on the official zoning map, the streets or alleys on the ground shall control. B. If more of the foregoing apply, the City Council and the Planning and Zoning Commission shall determine the location of the district boundary. CHAPTER 21 ZONING OF ANNEXED AREAS Section 1. General Unless the owner, agent, individual, or duly authorized representative request a specific zoning classification at the time of request for annexation, then all property hereafter annexed into the City limits shall be automatically classified as "R-1" pending action by the City Council on original zoning. On property classified as Pre -Development, no permits for the construction of a building or use of land, other than for uses permitted: in such district, shall be issued by the City Building Official. Section 2. Zoning Procedure before the Planning and Zoning Commission and City Council The procedure for the zoning of annexed areas shall be the same as specified "Section 5 Procedure Regarding Zoning Changes or Amendments to Zoning Classifications" of this chapter. Section 3. Purpose For a Change or Amendment A. The City Council may from time to time on its own, by ordinance, motion or on a proper application or petition amend, supplement, change, modify, or repeal the boundaries of the districts, zoning designations, and district boundaries herein established.. Before taking any such action, the City Council shall submit the same to the planning and zoning commission for its recommendation and report B. Any person, firm, or corporation petitioning the City Council for a change in the zoning district map, shall do so upon forms provided for such purpose by the office of the City Secretary. All applications for changes in the zoning district map shall be filled with the office of City Secretary. Section 4. Change in District Boundaries Whenever the boundaries of a Zoning District are changed from 1 (one) district designation to another district designation, or when the boundaries of districts are changed as a result of annexation of new territory, or changed in the regulations or restrictions of this ordinance, the foregoing provisions relating to non -conforming uses shall also apply to any uses existing therein which may become non- conforming. Section 5. Procedure Regarding Zoning Changes or Amendments To Zoning Classifications A. A regulation or boundary change or amendment to zoning classifications are not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. B. The City Council shall not adopt the proposed change until after the 30th day after the date the 44 C. D. E. F. H. notice required by this ordinance is given. If a proposed change to a regulation or boundary is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the City Council. The protest must be written and signed by the owners of at least 20 percent ofther: 1. The area f the lots or land covered by the proposed change; or 2. The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200' (two hundred feet) from that area. In computing the percentage of land area, the area of streets and alleys shall be included. The City Council by ordinance may provide that the affirmative vote of at least 3/4 (three-fourths) of all its members is required to overrule a recommendation of the City's Planning and Zoning Commission that a proposed change to a regulation or boundary be denied. Changes or amendments to zoning boundaries or zoning classification changes shall comply be in, accordance with the State Statutes and the procedures and rules set forth in Section 211.006 Chapter 211 of The Local Government Code of Texas, or the latest revision thereof. If any part The planning and zoning commission shall hold a public hearing on all proposed petition(s), amendment(s), supplements, changes, modifications, or repeals in zoning designations, and/or district boundaries herein established. The following shall be the procedure for amending or changing the zoning classification of and area within the City limits: 1. A notice of Zoning Regulations and District Boundaries changes shall be provided to the public. 2. Before the 10th day before the hearing date, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved City tax roll, of real property within 200' (two hundred feet) of the property on which the change in classification is proposed. 3. The notice may be served by its deposit in the City, properly addressed with postage paid, in the United States mail. If the property within 200' (two hundred feet)of the property on which the change is proposed is located in territory annexed to the City and is not included on the most recently approved City tax roll, the notice shall be given in the manner provided by Section 211.006(a) of § 211.006. Procedures Governing Adoption of Zoning Regulations and District Boundaries 4. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper of general circulation in the municipality. 5. The City Secretary shall cause written notices of all such public hearings to be sent to all owners of real property lying within 200' (two hundred feet) of the property on which the proposed change(s), modification(s), and/or repeal(s) of a zoning designation, or district boundaries is proposed. 6. Such notice shall be given, not less than 10 (ten) days before the date set for the hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. 1 7. Such notice shall be served by depositing the same, via regular mail, properly addressed and postage paid in a United States Post Office. In addition, notice of the hearing shall be published in the City's designated newspaper at least 15 (fifteen) days prior to the date set for the hearing. 8. The notice shall state the date, place and time of the hearing and a description of the property to be changed. 9. In addition to the written and published notification, a zoning pending change sign shall be placed adjacent to each public street or right -of way including rivers and creeks, abutting the subject Property (a) If the property does not front a public street or right -of way, a zoning pending change sign shall be placed adjacent to the closest public street or right-of-way, located in the middle of the frontage, and within 3' (three feet) of the curb or pavement or water's edge, or as prescribed by a Building Official at the time of application. (b) To ensure maximum exposure, for every 200' (two hundred feet) of frontage, or fraction thereof, after the first 100' (one hundred feet) of frontage of the tract, an additional sign shall be required to be posted. !61 i� (c) The applicant shall post the sign(s) at least 15(fifteen) days prior to the planning commission's meeting and maintain said sign(s) in good condition and in place until final action by City Council. (d) If the sign(s) is not posted 15 (fifteen) days prior to the planning commission hearing, the applicant's case shall be withdrawn and rescheduled. (e) In the event that a sign(s) is removed from the property or damaged, the applicant shall be responsible for purchasing a replacement sign(s) and installing it immediately. (f) The sign(s) shall be furnished by the city and a fee of $15.00 per sign shall be charged the applicant 10. Upon such hearing, the party requesting a change in zoning shall appear in person or by agent or by attorney. 11. After such hearing the planning and zoning commission may, within its discretion, make 1 (one) of the following recommendations in connection with each proposed change in zoning classification: (a) Recommend against the change in zoning. (b) Recommend a change in zoning. (c) Recommend a change in zoning for such area together with its recommendations as to requirements for the removal of non-conforming buildings, paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, parking spaces and street layouts, protective screening and open spaces, and any other requirements which, within the discretion of the planning and zoning commission, will protect adjacent property and secure substantially the purpose and intent of the Zoning Ordinance. 12. Each such recommendation made by the Planning and Zoning Commission shall be reported to — the City Council in writing. 13. The City Secretary shall establish and maintain a separate file for each application received, and shall record the names and addresses of all persons, firms and corporations to whom notices were mailed including the date of mailing and the person by whom notices were delivered to the United States Post Office. Allrecords and files herein provided shall be permanent and official files of the City of Cibolo. 14. If the City Council has refused to grant a proposed amendment, supplement, change or modification in the boundaries of any zoning district, such amendment, supplement, change or modification in the boundaries of such zoning district shall not be submitted again prior to the expiration of 12 (twelve) months from the date of the order or decision of the City Council against - " such amendment, supplement, change or modification in the boundaries of any zoning district, such amendment, supplement, change or modification in the boundaries. 15. If a written protest against such change signed by the owners of 20% (twenty percent) or more, either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same extending 200' (two hundred feet) there from, such amendment shall not become effective except by the favorable vote of three-fourths 3/4th of all members of the City Council. 16. When the Planning and Zoning Commission has recommended a change in zoning regulations or district boundaries, the City Council shall be at liberty to either accept, reject or take other action provided such action is consistent with the public concern and the provision of this section. 17. After receiving the recommendation of the Planning and Zoning Commission, the City Council shall at either a regular or special meeting act upon such recommendation for approval or disapproval concerning the proposed changes or amendments. — 18. Any changes shall become a part of the ordinance changing the zoning classification of such property and shall be considered as an amendment to the Zoning Ordinance as applicable to such property 19. Any changes shall not be considered conditions precedent to the granting of the change in zoning or the granting of building permits on such property, but shall be construed as conditions precedent to the granting of a certificate of occupancy in compliance. `! 20. Such requirements shall be complied with before a certificate of occupancy may be issued by the Building Official for the use or occupancy of the building, land or structure on such property. 46 CHAPTER 22 FEES Each application fort an amendment or change to a zoning district shall be accompanied, at the time of filing, with the fees as prescribed in the "APPENDIX A -FEE SCHEDULE". CHAPTER 23 ENFORCEMENT AND ADMINISTRATION OF REGULATIONS Section L General i 1. 2. 3. 4. C. D. E. F. G. H. I. U A person commits an offense if the person violates this ordinance. An offense under this ordinance is a misdemeanor, punishable by fine, imprisonment, or both, as provided by the City Council The City Council may also invoke civil penalties for a violation. If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if a building, other structure, or land is used in violation of this ordinance, the appropriate City authority, in addition to other remedies, may institute appropriate action to: Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; Restrain, correct, or abate the violation, Prevent the occupancy of the building, structure, or land; or Prevent any illegal act, conduct, business, or use on or about the premises. No person shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure or cause the same to be done in any zoned district in the City of Cibolo without first applying for and obtaining a building permit therefore from the Building Official All applications for such permits shall be in accordance with the requirements of this ordinance and building code for the City of Cibolo unless upon written order of the Board of Adjustment ; no such building permit or certificate of occupancy shall be issued for any building where such construction, addition, alteration or use thereof would be in violation of any of the provisions of this ordinance Except as otherwise provided in this ordinance, the Building Official for the City of Cibolo shall administer and enforce this ordinance, including the receiving of applications, the inspection of premises and the issuing of building permits and certificates of occupancy No building permit or certificate of occupancy shall be issued by him except if the provisions of this ordinance have been complied with. No oversight or dereliction on the part of the Building Official or on the part of any City Official or employee of the City shall legalize, authorize, or excuse the violation of any of the provisions of this ordinance. In interpreting and applying the provisions of this ordinance, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, and prosperity and general welfare. I It is not intended by this ordinance to interfere with or annul any easement covenants or other agreements between parties, except if this ordinance imposes a greater restticttom Section 2. Powers and Duties of the Building Official A. Whenever any building work is being done contrary to the provisions of this ordinance, the Building Official may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop and cause to be stopped such work until authorized by the Building Official to recommence and proceed with the work or upon issuance of a building permit in those cases in which the building permit has been revoked, and further such stop work order and revocation of permit shall be posted on work being done in violation of this ordinance. B. Whenever any building or portion thereof is being used or occupied contrary to the provisions of this ordinance, the Building Official shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof within 10 (ten) days after receipt of such notice, or make the building or portion thereof comply with the requirements of this ordinance. 47 J Section 3. Certificate of Occupancy I:! B. C. D. E. F. G. No vacant land shall be occupied or used except for agricultural purposes unless otherwise authorized by this Zoning Ordinance and no building hereafter erected or structurally altered shall be used or occupied until a certificate of occupancy shall have been issued by the Building Official of the City of Cibolo stating that the building or proposed use thereof complies with the provisions of this ordinance and all other existing building and sanitation ordinances. No non -conforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Building Official of the City of Cibolo therefore. Application for a certificate of occupancy shall be made in writing coincident with the application for a building permit, or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within 5 (five) days after the Building Official has been notified that the building or premises is ready for occupancy. The Building Official shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. No permanent water, sewer, electrical or gas utility connections shall be made to the land, building, or structure until and after a certificate of occupancy has been issued by the Building Official of the City of Cibolo. Upon request of the owner or authorized representative, the Building Official may issue a temporary certificate of occupancy for the temporary use and occupancy of a portion of a building prior to the completion and occupancy of the entire building, provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such temporary certificate may be issued for a period not exceeding six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners relating to the use or occupancy of the premises, or in any other matter covered by this ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions. The penalty for occupying a building prior to the issuance of a Certificate of Occupancy shall be determined by the City Council. E I � I CHAPTER 24 VIOLAITION AND PENALTIES A. The owner of a building or premises in or upon which a violation of any provision of this ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor, or any other person, firm or corporation who commits, takes part or assist in any " violation, or who maintains any building or premises in or upon which such violation exists, shall, `yl upon conviction, be fined as set forth in the APPENDIX A, "FEE SCHEDULE". Each day that such violation occurs continues as a separate offense. B. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this section, the appropriate authorities or the City, in addition to other remedies, may institute appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use to correct or abate such violation, or to prevent the occupancy of such building, structure or �1 land. CHAPTER 25 INVALIDITY OF A PART A. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. CHAPTER 26 REPEAL A. All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same is in conflict with the provisions hereof. -- CHAPTER 27 SAVING CLAUSE A. All rights or remedies of the City of Cibolo, Texas, -are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of Cibolo, that have accrued at the time of the effective date of this ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this ordinance; and that all existing or previous Zoning Ordinance s which would otherwise become non -conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that they were violations of -` prior Zoning Ordinance s of said city. CHAPTER 28 EFFECTIVE DATE. A. This ordinance and accompanying zoning map shall be in full force and effect from and after final passage and publication of the same as required by law. \1 � n' I PASSED, APPROVED, AND ADOPTED THIS DAY OF ��T , 2003. CG CHARLES RUPPERT, MAYOR �J CHAPTER 29 DEFINITIONS For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and words in the masculine gender includes the feminine gender. Definitions are expressly prescribed herein to be determined in accordance with customary usage in municipal planning and engineering practices. The word "shall" is always mandatory, while the word "may" is merely directive directory. Terms used in this ordinance which are not defined herein shall be construed to mean the same as those terms and words contained in the adopted International Codes. 1. ACCESSORY BUILDING: A building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. Within residential zones the accessory structure or use shall be limited in area as set forth within the underlying zone classification, unless the building is used in conjunction with permitted farming or raising of animals. 2. ACCESSORY LIVING QUARTERS: An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. 3. ACCESSORY STRUCTURE: A structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure. Storage sheds, temporary construction trailers, utility sheds, garage catports, etc 4. ACCESSORY USE: A use conducted on the same lot as the primary, use of the structure to which it is related; a use that is clearly incidental to, and customarily, found in connection with, such primary use. 5. ACCESSORY, AGRICULTURAL: Relating to the science or art of cultivating soil or producing crops to be used or consumed directly or indirectly by man or livestock, or raising of livestock. 6. AIRPORT HAZARD: Any structure or tree or use of land which obstructs the airspace required for the flights of aircraft in landing or taking off at an airport or which is otherwise hazardous to such landing or taking off of aircraft, and any use of land which is hazardous to persons or property because of its proximity to an aitport 7. ALLEY: Any public way or thoroughfare more than 10' (ten) feet (3048 mm), but less than 16' (sixteen) feet (4877 mm), in width, which has been dedicated to the public for public use abutting and having access to a public road. 8. ALTERATION: Any change, addition or modification in construction, occupancy or use. 9. AMENDMENT: A change in the wording, context, or substance of this ordinance, or change in the 1 (one) boundary upon the zoning map, which map is a part of this Ordinance. 10. AMUSEMENT CENTER An establishment offering 5 (five) or more amusement devices, including, but not limited to, coin-operated electronic games, shooting galleries, table games and similar recreational diversions _ within an enclosed building. 11. APARTMENT HOTEL: Any building containing both apartments and rooming units in same combination, having a desk or lobby attended 24 hours a day and providing some services customary and appropriate to a hotel, such as maid and room service, but not having any public meeting room. 12. APARTMENT HOUSE: A residential building designed or used for three or more dwelling units. 13. APARTMENT: An "apartment" is a dwelling unit in a multi -family apartment house. Any building or portion thereof which is designated or occupied by more than 2 (two) families. 14. AUTOMOTIVE REPAIR, MAJOR An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender, and major engine and ' - engine part overhaul, which is conducted within a completely enclosed building. 15. AUTOMOTIVE REPAIR, MINOR An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, which is conducted within a completely enclosed building. 16. AUTOMOTIVE SELF-SERVICE STATION: That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from faced equipment into the fuel tanks of motor vehicles by persons other than a service station attendant. Such an establishment shall be permitted to offer for sale at retail other convenience items as a dearly secondary activity and shall be permitted also to include a freestanding j automatic car wash. - 50 17. AUTOMOTIVE SERVICE STATION: That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitt�d to include automotive repair and maintenance, car wash service, and food sales. 18. BASEMENT: Any floor level below the first story in a budding, except that a floor level in a building having only 1 (one) floor level shall bF classified as a basement unless such floor level qualifies as a first story as defined herein. 19. BD (BUSINESS DISTRICT): Any of the various zoning districts designated for business including commercial retail and industrial 20. BILLBOARD: A structure for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the billboard is located. Measures height greater than 12' (twelve feet) and width greater than 18' (eighteen feet). 21. BLOCK. A tract of land bounded by streets or a combination of streets and public parks, or corporate boundaries of the City of Cibolo. 22. BOARDING HOUSE: A dwelling containing a single dwelling unit and not more than 10 (ten) guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than 1 week. 23. BUILDING CODE: The International Building Code, latest adopted edition, promulgated by the International Code Council, as adopted by the jurisdiction. 24. BUILDING HEIGHT: The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building. 25. BUILDING LINE: The perimeter of that portion of a building of structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure. 26. BUILDING LOT: A tract of land which, at the time of filing for a building permit, is intended by its owner or developer to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a dedicated street 27. BUILDING, COMMERCIAL/RECREATION: Any building designed for or occupied by, bowling alleys, health clubs, swimming pools, ice skating and billiards. 28. BUILDING, DETACHED: A building, which is surrounded by yards or open space on its building lot 29. BUILDING, MAIN: A building in which the principal use of the site is conducted. 30. BUILDING, TEMPORARY. A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction. 31. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. 32. BUSINESS OR FINANCIAL SERVICES: An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service. 33. CANOPY: A roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings. 34. CITY. The City of Cibolo, Texas. 35. CLINIC: An establishment or offices in which a group of physicians, dentists, or other practitioners of the healing arts, and allied professional assistants are associated for the purpose of diagnosing and treatment of ill of injured persons on an outpatient basis only. A clinic may include a medical or dental laboratory, but may not include facilities for providing room or board for patients, nor may a clinic include offices or facilities for veterinarians. 36. CLUB OR LODGE: An association of persons for the promotion of a non-profit common objective, such as literature, science, politics, good fellowship and similar objectives which meets periodically and which is limited to members. 37. CLUSTER HOUSING: Any dwellings.arcanged according to an approved site plan in a configuration which may depart from the conventional zoning district lot or yard requirements. A duster housing development shall be considered a single -use occupying a single lot for zoning purposes. 38. COMMERCIAL CENTER, COMMUNITY: A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket 51 39. COMMERCIAL CENTER, CONVENIENCE: A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small duster of convenience shops or services. 40. COMMERCIAL CENTER, NEIGHBORHOOD: A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant 41. COMMERCIAL CENTER, REGIONAL: A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety. 42. COMMERCIAL RETAIL SALES AND SERVICES: Establishments that engage in the sale of general retail goods and accessory services. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor sidewalk" promotions); businesses specializing in the sale of either general merchandise or convenience goods. 43. COMMERCIAL, HEAVY: An establishment or business that generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less -intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors. 44. COMMERCIAL, LIGHT: An establishment or business that generally has retail or wholesale sales, office uses, or services, which do not generate noise or other impacts considered incompatible with less -intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants. 45. COMMERCIAL/RECREATION: Any building designed for or occupied by, bowling alleys, health dubs, swimming pools, ice skating and billiards. 46. COMMISSION: The City Planning and Zoning Commission of the City of Cibolo, Texas. 47. COMMUNITY HALL. A building and related grounds used for social, civic, or recreational purposes and owned and operated by a nonprofit group serving the area in which it is located and open to the general public on equal basis. 48. COMMUNITY RESIDENTIAL FACILITY: Any dwelling licensed, certified or authorized by state, federal or local authorities as a residence for children or adults with physical, developmental or mental disabilities, dependent children or elderly individuals in need of supervision, support and/or independent living training. May include: specialized group home for the developmentally disabled, group cue facility for children, and boarding home. 49. COMMUNITY SWIMMING POOL: An outdoor or indoor pool owned jointly by 2 (two) or more property owners, designed to be used by residents of a subdivision or community, and not operated for a profit A community swimming pool shall not include an individual's private pool, a semi-public pool, a pubic pool, or a pool operated for a profit 50. COMMUNITY TREATMENT FACILITY: Any dwelling or place licensed, certified or authorized by state, federal or local authorities as a residence and treatment facility for children or adults with mental disabilities, alcoholism or drug abuse problems needing a supervised living arrangement and rehabilitation services on a short- term or long-term basis. Does not include detoxification centers. May include alcohol and/or drug abuse treatment facilities and adult treatment facilities. 51. COMMUNITY -RECREATIONAL FACILITY: Any public or private building, structure, or area which provides amusement, relaxation, or diversion from normal activities for persons within the area in which it is located and which is not operated for profit 52. COMPREHENSIVE PLAN: The declaration of purposes, policies and programs for the development of the jurisdiction. 53. CONDITIONAL USE: An activity listed among those in any given (999) 1 (one) but permitted to locate only after a pubic hearing and the decision to grant a permit (conditional use permit) imposing such performance standards as will make the use compatible with other permitted uses in the same vicinity and (999) 1 (one) and ensure against imposing excessive demands upon public utilities as determined by the Hearing Body. 54. CONDOMINIUM: A single -dwelling unit in a multiunit dwelling or structure that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. 55. CITY COUNCIL: The City Council of Cibolo, Texas. 56. COUNTY: Guadalupe County 57. COURT, INNER A court entirely surrounded by the exterior walls of a building. 52 58. COURT, OUTER A court that has 1 (one) side open to a street, alley, yard or other permanent open space. 59. COURT: A space, open and unobstructed to the sky, located at or above grade level on a lot 60. DAY CARE FACILI7: A facility for the care of children with resident or nonresident license(s). _ 61. DAY CARE, FAMILY: The keeping for part-time care and/or instruction, whether or not for compensation, of six or less children at anyl1 (one) time within a dwelling, not including members of the family residing on the _ premises. 62. DAY CARE, GROUP: An establishment for the care and/or instruction, whether or not for compensation, of seven or more persons at any 1 (one) time. Child nurseries, preschools and adult care,facilities are included in this definition. 63. DAY(S): Shall mean calendar days unless otherwise specified 64. DENSITY. -The amount of land per dwelling unit excluding the area for roads, parks, churches and schools, common open space, pubic/private capital facilities, and dedicated public lands, and any other nonresidential use except tax-exempt open space. The exclusion identified above concerning the area for roads shall not apply to - . those lots 5 (five) acres in size or larger. 65. DEPTH OF REAR YARD: The horizontal distance between the rear line of the main building and the rear lot —� line. 66. DISTRICT: Any section of the City of Cibolo for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform. 67. DRIVEWAY: A private access road, the use of that is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located 68. DWELLING UNIT: 1 (one) or more rooms in a dwelling, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of 1 (one) family maintaining a household 69. DWELLING, MULTI -FAMILY (LOW INCOME): A multi -family dwelling designed and constructed primarily serve persons of low income as defined by the U. S. Census Bureau. 70. DWELLING, MULTI -FAMILY: A building designed for occupancy by 3 (three) or more families living independently of each other within 3 (three) or more dwelling units. 71. DWELLING, MULTIPLE UNITS: A building or portion thereof designed for occupancy by three or more _ families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent 72. DWELLING, SINGLE FAMILY: A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by 1 (one) family. 73. DWELLING, TWO-FAMILY: A building designed for or occupied exclusively by 2 (two) families. 74. DWELLING: A building or portion thereof, designed exclusively for residential occupancy, including one -family, two-family, and multifamily dwellings, but not including boarding and lodging houses, apartment hotels, hotels, tourist courts and motels. 75. EASEMENT: That portion of land or property reserved for present or future use by a person or agency other than the legal owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots. 76. EATING AND DRINSING PLACES: A retail establishment primarily engaged in the sale of food and drinks for consumption on the premises. 77. FACE OF BUILDING, PRIMARY: The wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations. 78. FAMILY DAY CARE HOME: A facility which regularly provides care during part of the twenty -4 (four) (24) - hour day to 6 (six) or fewer children in the dwelling unit of the 79. FARM ANIMALS: Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, a g., horses and cattle; medium animals, a g., sheep and goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons. 80. FIRE LANE: An access designed for emergency escape from an entrance to a parcel of land or its improvements. 81. FLOOR AREA, GROSS: The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the center line of dividing walls; this includes courts and decks or porches when covered by a roof. 53 82. FLOOR AREA, NET: The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities. _ 83. FRONTAGE: The width of a lot or parcel abutting a public right-of-way measured at the front property line. 84. FUTURE ACQUISITION AREA: The land area between the existing road or street right-of-way boundary and the future street right-of-way. This area will be used for future right-of-way acquisition, roadway improvements and utilities improvements as the area -wide vicinity develops and increased traffic warrants the roadway expansion. j I 85. GARAGE, DETACHED: A private garage wholly separated and independent of the principal building. 86. GARAGE, PRIVATE: A building or a portion of a building not more than 1,000 (one thousand) square feet (92.9 m^2) in area, in which only private or pleasure -type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept Not more than 1 (one) of the vehicles may be a commercial vehicle of not more than 2 (two) ton capacity. 87. GARAGE, PUBLIC: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-dtiven vehicles. 88. GOVERNING AUTHORITY: shall mean the City Council of the City Cibolo, Texas. 89. GRADE (Adjacent Ground Elevation). The lowest point of elevation of the existing surface of the ground, within the area between the building and aline 5' (five feet) (1524 mm) from the building. 90. GROUP CARE FACILITY. A facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes, or those suffering the effects of drugs or alcohol; this does not include day care centers, family day care homes, foster homes, schools,, hospitals, jails or prisons. 91. HABITABLE SPACE (Room): Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space. 92. HAZARDOUS WASTE STORAGE: The holding of hazardous waste for a temporary period, as regulated by the TCEQ. 93, HAZARDOUS WASTE TREATMENT: The physical, chemical or biological processing of hazardous waste _ for the purpose of rendering these wastes non -dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. 94. HAZARDOUS WASTE: All dangerous and extremely hazardous waste as defined in Section 70.105.010 (15) (what is RCW?)RCW, except for moderate risk waste as set forth in Section 70.105.010 (17) RCW. 95. HEAVY INDUSTRY: An establishment engaged in the manufacture, processing, assembly, compacting, packaging, or compounding and/or treatment of raw materials. 96. HEIGHT: Shall mean when referring to a tower or other structure, the distance measured from the natural ground level to the highest point on the tower or other structure, even if said highest point is an antenna. 97. HOSPITAL: An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices. 98. HOME PROFESSION. A profession or craft, excluding an adult retail use establishment or adult entertainment establishment, carried on within a residence by the occupants, which activity is dearly incidental to the use of said residence as a dwelling and does not change the residential character of the dwelling or neighborhood, and is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term. An activity which does not comply with the following criteria shall not be deemed a home profession: (1) There shall be no exterior alterations to the dwelling, which changes the residential appearance or character thereof. (2) The use, including all storage space, shall not occupy more than 49% (forty-nine percent) of the ` residence's livable floor area. No home profession shall occupy a detached accessory building. All storage shall be enclosed within the residence. (3) Only members of the family who reside on the premises shall be engaged in the home profession. (4) 1 (one) sign identifying a home profession shall be limited in size to a maximum of 4 (four) square feet, be unlighted, and be placed flat against the residence. (5) There shall be no window display nor shall sample commodities be displayed outside the building, except that horticultural and floricultural products grown on the premises may be so displayed. (6) There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the profession or craft (7) All material or mechanical equipment shall be used in a manner as not to cause disturbing noises. `' 54 (8) Traffic generated, which exceeds the following standards, shall be prima facie evidence that the activity is a primary business and not a home profession. (9) The parking of more than 2 (two) customer vehicles at any 1 (one) time. (10) The use of loading docks or other mechanical loading devices. j (11) Deliveries of materials or products at such intervals so as to create a nuisance to the neighborhood. (12) The hours of operation for a home profession shall be limited from 7 am. to 10 p.m. The applicant shall specify on the home profession permit the hours of operation. (13) A home profession permit shall be issued by the City per fee established by the City Council. 99. HOUSEHOLD PETS: Dogs, cats, rabbits, birds, etc., for family use only (noncommercial) with cages, pens, eta 100. HOTEL: A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there is more than 12 (twelve) sleeping rooms and no provision for cooking in individual rooms. 101. HOUSE AND APARTMENTS: Any building which is designated or occupied as the home or residence of more than 2 (two) (2) families living independently of each other and doing their own cooking in the said building and shall include flats and other multi-family buildings. 102. HUD-CODE MANUFACTURED HOME: A structure constructed on or after June 15, 1976 according to the rules of the United States Department of Housing and Urban Development, transportable in 1 (one) or more sections, which, in traveling mode, is eight body feet or more in width or 40 (forty) body feet or more in length, or, when erected on-site is 320 (three hundred and twenty) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. For the purposes of this subsection a HUD-code manufactured home is still a HLTD code manufactured home if not used as a dwelling or if the plumbing or heating or air conditioning or electrical systems have been removed. - 103. INDUSTRIAL OR RESEARCH PARK A tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to ensure a harmonious integration into the neighborhood. 104. JURISDICTION: As used in this ordinance, jurisdiction is any political subdivision that adopts this ordinance for administrative regulations within its sphere of authority. 105. KENNEL, PRIVATE: The domicile of a person or persons who own or breed 5 (five) or more dogs and/or cats but less than 11 (eleven) dogs and/or cats over 6 (six) months of age, primarily for personal recreational use, such as participation in recognized conformation shows, field or obedience trials, racing, scenting, puling, specialized hunting or working trials, and water trials, search and rescue, tracking and for the purpose of improving the physical soundness, temperament, and conformation of a given breed to a standard. 106. KITCHEN: Any room or portion of a room within a building designed and extended to be used for the cooking or preparation of food. 107. LANDFILL: A method of final disposal of solid waste by utilizing land in a manner that allows the disposal of solid waste without creating hazards to public health, significant impacts to the environment, Wr nuisances. 108. LANDSCAPING: The finishing and adornment of unpaved yard areas. Materials and treatmgnt generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth. 109. LEGISLATIVE BODY- The political entity of the adopting jurisdiction. 110. LIGHT INDUSTRY- An establishment engaged in the manufacturing, processing, assembly, packaging, compounding and/or treatment of finished or semi-finished products from previously prepared material but not including those establishments wherein the manufacture or processing is incidental and essential to an enterprise in which all merchandise is sold at retail on the premises. 111. LIVESTOCK Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals. -- 112. LOADING SPACE: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12' (twelve feet) by 35' (thirty five feet) and a vertical clearance of at least 14' (fourteen feet). 113. LOT AREA: The area of a lot between lot lines, including any portion of an easement which may exist within such lot lines. 114. LOT DEPTH: The horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a line parallel to the lot front line and passing through the midpoint of 55 the lot rear line. In the case of a lot having a curved front line, the lot front line for purposes of this section shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of I` the lot side lines with the curved lot front line. 115. LOT FRONT LINE: A line separating the lot from the street or public right-of-way other than an alley of a street does not exist. In the case of a comer lot, the shortest continuous line separating the lot from the street or `i public right-of-way shall be the lot front line. In case of corner lots having equal lines abutting a street or public right-of-way, that property line which when extended creates the front property line for the greatest number of interior lots in the same block shall be considered as the lot front line of such comer lot. Where a lot does not abut a public right-of-way or street the lot front line shall be the lot line nearest to a street or public right-of-way. 116. LOT FRONTAGE (FRONTAGE): The length of that portion of a lot abutting the public (private) street providing principal access to the lot j 117. LOT, REAR LINE: The boundary line which is most distant and opposite from the street — 118. LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the County Clerk of Guadalupe County, or a parcel of land, the deed of which was recorded in the office of the County Clerk of Guadalupe County. 119. LOT, CORNER: A lot situated at the intersection of 2 (two) or more streets, the street frontage of which lot form an angle not greater than 1 (one) hundred and twenty-eight degrees, and not less than 450 (forty-five degrees). 120. LOT, INTERIOR A lot other than a comer lot 121. LOT WIDTH: The horizontal distance between side lines, measured at the front building line, as established by the minimum front yard requirement of this ordinance. 122. LOT, DOUBLE FRONTAGE: A lot having a frontage of 2 (two) nonintersecting streets as distinguished from a comer lot 123. LOT, THROUGH: An interior lot having frontage on 2 (two) streets. 124. LOT: A parcel of land occupied or to be occupied by 1 (one) building, or group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or a place. 125. LOT LINES: The lines bounding a lot as defined herein. 126. MANUFACTURED HOME OR MANUFACTURED HOUSING. A HUD -code manufactured home or a mobile home and collectively means and refers to both. 127. MANUFACTURED HOUSING PARK Any lot upon which are located I (one) or more manufactured homes, occupied for dwelling purposes regardless of whether or not a change is made for each accommodation. 128. MANUFACTURED HOUSING: same as "Manufactured housing" or "Manufactured home'. 129. MANUFACTURED INDUSTRIAL HOUSING: structures that are constructed in 1 (one) or more modules or modular components built at a location other than the permanent site, are transported to the permanent site, -- and are erected or installed on a permanent foundation system. The term includes plumbing, heating, air conditioning, and electrical systems. Id. at § 1(I)(2) & (6). According to the Texas Department of Licensing and Regulation (MLR), examples of industrialized housing and buildings include one -family and two-family (duplex) dwellings, apartment complexes, equipment shelters, restaurants, offices, classrooms, medical complexes, hazardous storage buildings, and more. Industrialized housing and buildings must meet or exceed the requirements of the International Building Code, the International Plumbing Code, the International Mechanical Code, the International Fuel Gas Code, and the National Electrical Code. Residential housing must also comply with the requirements of the International Residential Code. A decal must be issued for certification of modular buildings and components. The decal to the module, a manufacturer certifies that the module is constructed and inspected in accordance with the mandatory construction standards used by a city. The decal shall provide documentation that a modular building meets the applicable code requirements. All modules that have a decal affixed cannot be prohibited from being placed in a residential neighborhood 130. MANUFACTURING, HEAVY: All other types of manufacturing not included in the definitions of light "._ manufacturing and medium manufacturing. 131. MANUFACTURING, LIGHT: The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants. 56 132. MANUFACTURING, MEDIUM: The manufacturing, compounding, processing, assembling, packaging or testis of goods orequipment within an enclosed structure or n � g go open Yazd that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles. 133. MINI-DAY CARE CENTER A facility for the care of 12 (twelve) or fewer children in a facility other than the dwelling unit of the pers�n(s) under whose direct care or supervision a children is placed, or for the care of from 7 { (seven) to twelve 12 (twelve) children in the dwelling unit of such person(s). In accordance with WAC Chapter 388-75 the total number of children actually permitted in a mini day care center is reduced by the number of children in the dwelling unit of preschool age and all other children through 12 (twelve) years of age during non - school hours; and 134. MOBILE HOME COMMUNITY/ MOBILE HOME PARE: A unified development of mobile home spaces restricted to mobile home use, with community facilities and permitted permanent buildings; this . development being located on a single tract of land under 1 (one) ownership and meeting the requirements of all applicable ordinances. 135. MOBILE HOME SUBDIVISION: A mobile home subdivision is any parcel of land changed, re-subdivided or rearranged into 2 (two) or more parts, for the purpose of accommodating the location of mobile homes thereon. 136. MOBILE HOME: A structure that was constructed before June 15, 1976, transportable in 1 (one) or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site is 320 (three hundred and twenty) or more square feet, and which is built on a permanent chassis designed to he used as a dwelling with or without a permanent foundation when' connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. 137. MOBILE/MANUFACTURED/MODULAR HOME: Any vehicle or similar portable structure having no permanent or fixed foundation other than wheels, jacks, or skirting and so designed or constructed as to permit occupancy for dwelling structures for the purpose of this Ordinance only when they are parked in a mobile homes park, any off-site assembled structure. 138. MORTUARY, FUNERAL HOME: An establishment in which the dead are prepared for buttal or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment. 139. MOTEL, HOTEL: Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. 140. NONCONFORMING LOT: A lot whose width, area or other dimension did not conform to the regulations when this ordinance became effective. 141. NONCONFORMING SIGN: A sign or sign structure or portion thereof lawfully existing at the time this ordinance became effective, which does not now conform. 142. NONCONFORMING STRUCTURE: A building or structure or portion thereof lawfully existing at the time this ordinance became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the 1 (one) in which it is located. 143. NONCONFORMING USE: A use, building or yard which does not, by reason of design, use, or dimensions conform to the regulations of the district in which it is situated. It is a legal nonconformity use if established prior to passage of this ordinance, and an illegal non-conforming use if established after the passage] of this ordinance and not otherwise approved as provided herein. 144. NONCONFORMING: A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations. 145. NURSERY SCHOOL: A private agency, school, or institution engaged in educational work with preschool children and in which no child is enrolled on a regular basis for 4 (four) or more hours per day. Enrollment for 4 (four) or more hours per day shall classify the facility as a "Day Care Facility" or "Kindergarten." - 146. OCCUPANCY: The use or intended use of the land or buildings by proprietors or tenants. 147. OPEN SPACE: Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities. 148. PARK. A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses. _ . 149. PARK-AND-RIDE FACILITY: A parking area or structure used for the specific purpose of storing motor vehicles in order that the occupants can transfer to a higher occupancy vehicle (HOV) (e.g., buses, vans, carpool autos) to complete a trip. 150. PARKING LOT: An open area, other than a street, used for the parking of automobiles. 57 l 151. PARKING SPACE, AUTOMOBILE: A paved space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile. 152. PAVED AREA: An area surfaced with asphalt, concrete or similar all weather surfaces, not including graveL 153. PERSON: A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. The term "person" shall include j` both singular and plural, and the masculine shall embrace the feminine gender. 154. PLACE: An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon. f 155. PLANNED UNIT DEVELOPMENT (PUD): A residential or commercial development guided by a total design plan in which 1 (one) or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in j accordance with general guidelines. '--' 156. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission of the City of Cibolo, Texas. 157. PLOT PLAN: A plot of a lot, drawn to scale, showing the actual measurements, the size and location of any L- 1 existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information. 158. PRIVATE RECREATIONAL AMENITIES: Any recreational, social and multipurpose uses within a subdivision or other residential development which are operated and maintained by a property owner association or other designated management agency for the benefit and enjoyment of members and their guests. Typical uses include clubhouses, tennis courts, playgrounds and swimming pools. 159. PROHIBITED USE: A use not specifically enumerated as a permitted use, conditional use or non -conforming use. Prohibited uses include, but are not limited to, the enumerated "prohibited uses" within each 1 (one) of this Ordinance. 160. PUBLIC IMPROVEMENT: Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or for which the local government responsibility is established. 161. PUBLIC SERVICES: Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities. 162. PUBLIC USE: Any use controlled by the City, County, State, Federal or any other governmental entity. 163. PUBLIC UTILITY STATION: A structure or facility used by a public or quasi -public utility agency to store, distribute, generate electdcity, gas, telecommunications, and related equipment, or to pump or chemically treated water. This does not include storage or treatment of sewage, solid waste or hazardous waste. 164. PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. 165. QUORUM: A majority of the authorized members of a board or commission. 166. REAR YARD AREA: The total square foot of area as measured from the rear of the main structure on the lot to the rear property line multiplied by the width of the lot, as measured from 1 (one) side property line to the other side property line, subtracting all easement area, 167. RECREATION, INDOOR An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller-skating or ice skating, billiards, pool, motion picture theatres, and related amusements. - 168. RECREATION, OUTDOOR An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities. 169. RECREATIONAL AREA, COMMERCIAL: An indoor and/or outdoor area or structures) operated for profit and devoted to facilities and equipment for recreational purposes, including, but not limited to, swimming pools, tennis courts, racquet ball courts, dance and other similar uses whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee. I,J 170. RECREATIONAL VEHICLE (RV): A vehicular type portable structure without permanent foundation, not more than thirty -5 (five) (35) feet in length, primarily designed as temporary living quarters for recreational, camping, or travel use, with or without motor power, and occupied in any 1 (one) place for a period not exceeding 50 (30) thirty days. This includes, but is not limited to, travel trailers, truck campers, camping trailers and self- propelled motor homes. 171. RECREATIONAL VEHICLE PARK: An -area where facilities are provided for recreational or camping vehicles or travel trailers,tents or other portable habitation, utilized by the public as a place for camping, vacationing, or temporary usage, which are in place for not more than 30 (thirty) days. The park may include certain recreational or service facilities for the use of the residents of the park. Recreational or camping vehicle parks shall comply with all applicable State and County regulations. 172. RECYCLING FACILITY: Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials. 173. REGISTERED DESIGN PROFESSIONAL: An architect or engineer registered or licensed to practice. professional architecture or engineering as defined by statutory requirements of the professional registration laws of the State in which the project is to be constructed. 174. REHABILITATION CENTER (HALFWAY HOUSE). An establishment whose primary purpose is the rehabilitation of persons. Such services include dmg and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles. 175. RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY: A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship. 176. RENOVATION: Interior or exterior remodeling of a structure, other than ordinary repair. - 177. RESIDENCE: A building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units, or places of abode having no kitchen within each unit. A residence must include 1 (one) or more dwelling units. 178. RESIDENTIAL USE: Any use consisting principally of dwelling units. 179. RESIDENTIAL ZONES: Those zones permitting residential uses. 180. RESTAURANT, FAST FOOD: An establishment that sells food already prepared for consumption, packaged in paper, Styrofoam or similar materials, and may include drive-in or drive -up facilities for ordering. 181. RESTAURANT, GENERAL: An establishment that sells food for consumption on or off the premises. 182. RESTAURANT, TAKE-OUT: An establishment that sells food only for consumption off the premises. 183. ROOF: A structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. 184. SCHOOL, COMMERCIAL: A school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school or modeling school). 185. SELF SERVICE STORAGE FACILITY: A facility including buildings and/or structures containing space of varying sizes leased or rented on an individual basis and uses exclusively for the storage of excess property and outdoor storage of vehicles and boats. 186. SETBACK: The minimum required horizontal distance between a structure and a building line. 187. SIGN, BUSINESS: A graphic device, which advertises only commodities or services, offered on the premises where such sign is located. 188. SIGN POLE: A free-standing sign supported by a single vertical support anchored or set in the ground, no exposed face of which exceeds 64 (sixty-four) square feet in surface area 189. SIGN, ADVERTISING: Poster panel, painted bulletins or other advertising devices which promote and advertise commodities or services not limited to being offered on the premises on which such signs are located. 190. SIGN, BUSINESS: A graphic device, which advertises only commodities or services, offered on the premises where such sign is located. 191. SIGN, CHURCH AND SCHOOL: Name plates and bulletin board for schools and churches located on premises, but not exceeding 30 (thirty) square feet in area and not a flashing intermittent, revolving or similarly lighted type. 192. SIGNS, COMMUNITY: Temporary, on -or off -premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction - based nonprofit organization. 59 193. SIGN, REAL ESTATE: Temporary signs pertaining to the sale or rental of property upon which they are located, not exceeding 20 (twenty) square feet in area and advertising property only for a use which it is legally zoned. 194. SIGN: Any visual communication device which is visible from any right-of-way advertising a message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. 195. SITE PLAN: A plan that outlines the use and development of any tract of land. 196. SOLAR STRUCTURE: Any dwelling unit which is designated to maximize available solar energy for heating, cooling, or lighting needs and which is located on a solar lot as defined. 197. STABLE, PRIVATE: An accessory building for the keeping of horses, ponies, donkeys or mules owned by occupants of the premises, and not kept for remuneration, hire or sale. 198. STABLE, RIDING: A structure in which horses, ponies, donkeys or mules, used exclusively for pleasure riding or driving, are housed, boarded, or kept for hire. 199. STORY: That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. I£ the finished floor level directly above a usable or unused under -floor space is more than 6' (six feet) (1829 mm) above grade as defined herein for more than 50 percent of the total perimeter or is more than 12' (twelve feet) above grade as defined herein at any point, such usable or unused under -floor space shall be considered as a story. 200. STORY, HALF: A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least 2 (two) opposite exterior walls are not more that 4 (four) feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker of his family, or by a family occupying the floor immediately below it, shall be deemed a full story -- 201. STREET LINE: The dividing line between the street and the abutting property, normally to the lot property line. 202. STREET, PRIVATE: A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to 2 (two) or more sites. 203. STREET, PUBLIC: A public thoroughfare or private thoroughfare the legal description of which is recorded with the County Auditor either of which affords primary means of access to abutting property. A recorded i- private thoroughfare may be a recorded easement for ingress or egress or a platted street designed as a private thoroughfare for access of abutting property but for which the County assumes no responsibility or ownership and is available for use to the abutting property owners only. The private road easements and road maintenance agreements shall meet the requirements of the adopted public or private road standards. The private road easements and associated maintenance agreement shall be recorded with the County Auditor prior to final subdivision or segregation by Certificate of Exemption. _ 204. STREET: A public maintained thoroughfare which affords principal means of access to property abutting thereon, and normally consists of the road surface, ditch or curbs, and sidewalk of parking areas. - 205. STRUCTURAL ALTERATIONS: Any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders. 206. STRUCTURE: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls or landscaping. 207. SUBDIVISION: The division of a tract, lot or parcel of land into 2 (two) or more lots, plats, sites or other divisions of land. 208. TEMPORARY BUILDING: An enclosed building, the use of which is incidental to construction work on the premises. Such an enclosed building shall be removed upon the completion or abandonment of construction work. - 209. TEMPORARY USE: A use approved for location on a lot by the Department for a period not to exceed 6 (six) months with the intent to discontinue such use after the time period expires. 210. THEATER: A building used primarily for the presentation of live stage productions, performances or motion pictures. 211. TOWER Any structure that is designed and constructed primarily for the purpose of supporting 1 (one) or - more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio 60 and television transmission towers, microwave towers, common -carrier towers, cellular telephl (one) towers, and the like. L 212. TOWNHOUSE: A "townhouse" is a single-family dwelling unit(s) on an individual lot, which is 1 (one) of a series of dwelling units having 1 (one) or 2 (two) common (abutting) side walls 213- USE, CHANGE OF: �he change within the classified use of a structure or premise. _ 214. USE: The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses. 215. VARIANCE: A deviation from the height, bulk, setback, parking or other dimensional requirements established by this ordinance. The means by which an adjustment may be made in the application of the specific regulations of this Ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the vicinity and similar 1 (one) classification and which adjustment remedies the difference in privileges: provided, That a variance granted shall not authorize a use otherwise prohibited in the 1 (one) classification in which the property is located. 216. WAREHOUSE, WHOLESALE OR STORAGE: A building or premises in which goods, merchandise or equipment are stored for eventual distribution. 217. WRECKING OR SALVAGE YARD: A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, sale of used cars in operating condition, or salvaged materials incidental to a manufacturing operation. 218. YARD, FRONT: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension. 219. YARD, REAR A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard. 220. YARD, SIDE: An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water line. 221. YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the _- - minimum horizontal distance between the lot line and the main building foundation shall be used. 222. ZERO LOT LINE HOME: A single-family dwelling that is built directly adjacent to 1 (one) side property line. ZONING COMMISSION: The body designated by the City Council of the City of Cibolo to hold public hearings and make recommendations to the City Council relative to amendments and changes) to the Zoning Ordinances. The City Planning Commission may be designated as the Planning and Zoning Commission. �J 61 U APPENDICES fit APPENDIX A - FEE SCHEDULE Amend, Supplement, Change, Modify Or Repeal Any Requirement (Per Request) $100.00 Construction License Fee $100.00 Construction Plans Review Land Development $100.00' Contribution For Back -Up ower For Lift Stations $100.00/ Lot (1) Contribution In Lieu Of Requiring Construction Of A Roadway Improvement (4) Copies Of Ordinance Files On CD- 8 Files Or More $15.00 Copies Of Ordinance Files On CD- Up To 7 Files $5.00 Copies Of The City Zoning Map- Full Size (11" x 17") Color Maps $25.00 Copies Of The City Zoning Map- Reduced Size (8 1/2" 11'j Black And White Maps $5.00 Future Storm sewer Relocation. (4) Mailing Cost Of Variance Request Or Change Or Amendment Notices: 1. For Each Utility Company $5.00 2. For Each Property Owner $3.00 Newspaper Notice For A Variance Request $50.00 Penalty For Submitting False Information In A Request For Variance Application $2,000.00 Plats - Preliminary Plat (2) $100.00 Plats - Preliminary Plat Per Lot Fee (2) $5.00 Plats - Revised Preliminary (2) $50.00 Plats - Final Plats (2) $50.00 Written Confirmation of Zoning of any tract of land $10.00 Professional Fees Required For A Request For Variance (As Billed By The Professional) Public Right -Of -Way Construction Permit $200.00 Requesting A Post -Construction Variance (3) $1,000.00 Requesting A Pre -Construction Variance (3) $100.00 Utility Extension Fee On A Prorated Basis (4) Zoning Verification $10.00 Zoning Pending Change Sign (3) $15.00 Parkland Dedication Requirements (per Dwelling Unit) Single -Family (Low-density) $200.00 Two -Family and Mobile Homes (Medium -Density) $200.00 Multi -Family (more than two) $200.00 (1) Only for Total Land Development Involving 50 Lots or More (2) The above fees shall be charged on plats regardless of the action taken by the City Planning and Zoning Commission and City Council. (3) Cost per each (4) As determined by the City Engineer 63 ' APPENDIX B - Acknowledgements, Certifications, Verifications Statements A. The following statements shall be signed by the applicant of a request for variance. An application for a request for variance will be considered incomplete if these statements are not included with the application. 1. Acknowledgement of Variance Request Application I / We, being the legal owner(s) or the agent for the legal owner(s) or applicant of the following described real property, described above, located in the City of Cibolo, Texas, hereby make application for a request for a variance to the Planning Commission and City Council of the City of Cibolo, Texas to amend, waive, supplement, change, alter, modify, or repeal the zoning district boundaries, regulations, restrictions, zoning designations, or other requirements of the Subdivision Ordinance. and/or Zoning Ordinance and/or The ! Subdivision Ordinance. Signature of applicant J Print name Date City Hall Staff Member's Signature Date: 2. Acknowledgement Of Minimum Affirmative Votes For Approval I have read this application packet and understand that filing the application and paying the fee does not guarantee an affirmative action by the City Council. I further understand that at least 4 (four) affirmative votes must be cast in order to receive a variance. f City Hall Staff Member's Signature Date: GZI Signature of applicant Print name Date ' 3. Verification of Facts Submitted, Applicant's Review of Applicable Regulations LJ and Consent tol Entry I (We) certify that all of the statements and documents submitted as part of this application are true and corpplete to the best of my (our) knowledge and belief. I (We) consent) to the entry in or upon the premises described in this application by any -" authorized official of the City of Cibolo for the purpose of obtaining information regarding this request. 1 (We) certify that I (we) have carefully reviewed the City of Cibolo Variance Request r Ordinance and have complied with all application requirements. Signature of applicant Print name Date City Hall Staff Member's Signature Date: 4. Designation Of Agent Form This form designates as my / our duly authorized agent, to act on my / our behalf in requesting a variance involving the property described below. I am also submitting a copy of the deed(s) to the subject property as evidence of my ownership. PROPERTY ADDRESS: LEGAL DESCRIPTION: By: Date: - Notary Statement: SWORN TO AND SUBSCRIBED before me this the day of 20 Notary Public in and for County, Texas My Commission expires: I, Signed (Printed or Typed Name) 65 ( l U APPENDIX C - Request for Variance Forms Section 1. Application Form CITY OF CIBOLO Variance Request To Amend, Waive, Supplement, Change, Alter, Modify, Or Repeal The Zoning District Boundaries, Regulations, Restrictions, Zoning Designations, Or Other Requirements Of The Subdivision Ordinance and/or zoning Ordinance anator i ne bun Section 1- Property Identification information Building/Property Address: Property Owner of Record: Tax ID Number: Property Owner: Contact Person: Mailing Address: City, State, Zip: Evening Phone: Daytime Phone: Authorized Agent: Company: Address: City, State, Zip: _ Evening Phone: _ Daytime Phone: _ Section 2 - Applicant Information Evening Fax: _ Daytime Fax: Address: Section 3 - Authorizing Agent Information Evening Fax: _ Daytime Fax: Address: 0J01Iit--h1* f Section 4 - Legal Description/ Property Description (If request is on a portion of platted property or property that is still in a survey, attach metes and bounds prepared by a registered surveyor.): Metes and Bounds Description Legal Description Lot . Block . Of Subdivision. Lot Size: Ft. X Ft. Area: Sq. Ft. Section 5 - Current Use and Zoning Designation 66 _J i I l Zoning District: i I L I Present Use: Section 6 - Describe Proposed Request for Variance: J i Section 2. Questions about your property A. To assist the City Council in making a decision regarding your request for a variance, please answer the following. The applicant shall answer the following questions. (a) Is your land or building useful for any purpose without the variance requested? (b) Is your land or your building different from others around you? (c) What effect will the granting of this variance have on other property, on adjacent streets or to people passing by? (d) If the variance is denied, how will the property be used? - (e) How is the property around you used? (f) Who in your opinion will be affected by this change? (g) Will traffic conditions be affected by the requested change? (h) What evidence do you anticipate offering in support of your position? (i) What section(s) of the Subdivision Ordinance and/or Subdivision Ordinance and/or Zoning Ordinance prevents you from improving your property as described above? Section 3. Evidence Relating To Request for Variance A. The following information shall be provided with the variance request application: A separate sheet of paper may be used for this section. Title this sheet "Evidence Relating to a Request for Variance". (1) Provide evidence that due to the characteristics of the property in question there are practical difficulties or particular hardship for the applicanUowner in carrying out the strict letter of the Zoning Code. (2) Provide evidence that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Subdivision Ordinance and/or Subdivision Ordinance and/or Zoning Ordinance (i.e., without 1 (one) or more variances); or (3) Provide evidence that the plight of the applicantlowner is due to uniquecircumstances relating to the property in question. I (4) Provide evidence that the requested variance, if granted, will not alter tfie essential character of the locality of the property in question. (5) Provide evidence that the particular physical surroundings, shape or topographical condition of the property in question would bring particular hardship upon the - applicant/owner as distinguished from a mere inconvenience, if the strict letter of the Subdivision Ordinance and/or Subdivision Ordinance and/or Zoning Ordinance were to be carried out. (6) Provide evidence that the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning district. _ (7) Provide evidence that the purpose of the variance is not based exclusively upon a desire to make more money out of the property in question. (8) Provide evidence that the alleged difficulty or particular hardship has not been created by any person presently having an interest in the property in question or by the applicant. -' (9) Provide evidence that the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property in question is located. 67 r (10)Provide evidence that the variance is the minimum variance that will make possible the { reasonable use of the land, building or structure. L (11)Provide evidence that the proposed variance will not: (i) Impair an adequate supply of light and air to adjacent property: (ii) Substantially increase the hazard from fire or other dangers to the property in question or adjacent property; - (iii) Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the Village; (iv) Diminish or impair property values within the neighborhood; (v) Unduly increase traffic congestion in the public streets and highways; (vi) Create a nuisance; or (vii) (g) Result in an increase in public expenditures. (12)Please add any other comments that may assist the City Council of Appeals in reviewing this application. Section 4. List of Names Within 200' (two hundred feet)of the Property the Request for Variance is applied for 1. All applicants for a request for variance must submit a list that contains all of the property owners' names that are within 200' (two hundred feet) of the property for which a request for variance is being requested. 2. The list shall include the following: (a) The property owner's name (b) The property owner's full mailing address (c) The Guadalupe County tax identification number designated for that property _ (d) The total effected acreage that lies within 200' of the property for which a request for variance is being requested. Section 5. Evidence Relating To Flood Hazard Variance Requests I 1. The following items must be completed only if the requested variance is from the Subdivision Ordinance and/or Subdivision Ordinance and/or Zoning Ordinance (relating to Flood Hazard Land Use Regulations). If no such variance is being requested, the applicant should skip this section. 2. Items applicable only to variations requested from the requirements of the Subdivision Ordinance and/or Subdivision Ordinance and/or Zoning Ordinance (relating to Flood Hazard Land Use Regulations) that, if granted, would result in a structure not being protected to the elevation of the base flood. (a) Provide evidence that the structure is to be located on a lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. (b) Provide evidence that the applicant has acknowledged that: (1) Such construction below the base flood level will increase the risks to life and property and that the applicant proceeds with knowledge of these risks; and (2) Any variance is contingent upon the applicant obtaining approval from other agencies having jurisdiction when the variance violates the requirements of such agencies. 3. Items applicable only to variations requested from the requirements of the Subdivision Ordinance and/or Subdivision Ordinance and/or Zoning Ordinance (relating to Flood Hazard Land Use Regulations) that, if granted, would significantly impede or increase the flow and passage of floodwaters. (a) Provide evidence that the use will not result in an increased flood height greater than 0.1 feet within the designated regulatory floodway. (b) Provide evidence that the resulting increase in the base flood elevation will not affect any existing structures or utilities. (1) Provide evidence that the owners of the properties affected by the increased base flood elevation are compensated for the resulting effect on property values, and they give their written agreement to granting the variation. 4. Provide evidence that the resulting increased flood elevations will not affect any flood protection structures. I (we) have read and understand this application. I (we) have familiarized myself (ourselves) with the applicable regulations, ordinances and procedures and submit this application and accompanying documentation which I (we) for consideration by Cibolo's City Council. I further affirm that all the information is true and accurate. I� 68 f r� Signature of Owner or Agent I Please Print Name of Owner or Agent Date Signature of Owner or Agent Please Print Name of Owner or Agent .1 i� Date Attachments: 1. 2. 3. 4. -- 5. 6. 7. 8. 9. 10. I have received this copy of this request for variance application and the attachments from the above property owner or agent of property owner on the date indicated below. City Hall Staff Member's Signature I _1 Date `� 69 APPENDIX D — Wording for a Change of Zoning, Pending Sign j A. The following wording shall appear on the sign posted for an area where the zoning is pending a change: ;^ "THE OWNER(S) OF THIS PROPERTY HAVE REQUESTED A CHANGES IN THE ZONING AND/OR THE CLASSIFICATION OF THIS PROPERTY. ALL PROPERTY OWNERS WITHIN 200' OF THIS PROPERTY ARE HEREBY GIVEN NOTICE THAT PROCEEDINGS TO HEAR PROPOSALS FOR AND AGAINST SAID CHANGES WILL BE HEARD AT THE CITY OF CIBOLO CITY HALL LOCATED AT 109 SOUTH MAIN STREET, CIBOLO, GUADALUPE COUNTY, TEXAS ON . 20 . AT . ALL INTERESTED PARTIES ARE HEREBY ADVISED TO ATTEND AND PRESENT THEIR OPINIONS ON THE PROPOSED CHANGES OR CLASSIFICATIONS." APPENDIX E — Zoning Districts, Lot Requirements, Setback Distances, Maximum Height Table 71 Zoning Districts, lot requirements, setback distances, maximum height and maximum lot coverage for specific zoning districts a Sii� 0 0 o as rQ o zoo Option 011 Classification �G3 5 6 ,tr 3 a 3 U. a _� a Y n_ EnE� EZ _ Em ETJ Classification RESIDENTIAL Rural RU I NA Residential Single Fami1 - Rural 85,000 200 200 50 s0 20 30 40% Rural Density Residential R1 R1 NA I Residential Single Family Low Density 10,000 100 100 30 20 10 40 40% Lav Density Residential NONE RID D -Detached Residential Single Family Low Density 10,000 75 125 30 10 5 40 40% Low Density Residential R2 R2 NA Residential Single Family Medium Density 8,000 110 100 25 15 5 40 40% Medium Density Residential NONE R28 B-55 FL Wldlh Residential Single Family Medium Density 6,000 55 100 25 15 5 40 40% Medium Density Residential NONE R2D D-Deterhed Residential Single Family Medium Density Detach 6,000 s0 120 25 10 5 40 40% Medium Density Residential R3 R3 NA Residential Single Family Medium Density 5 000 50 100 20 15 5 40 40% Medium Density Residential NONE R3D D -Detached Residential Single Family Medium Deni 5,000 50 100 20 10 5 40 40% _ M_edium Densi Resitleneal NONE ll NA Garden Hone 4,500 45 s0 20 15 10.1 aids 50 50% _ _ High Density Residential NONE R5 NA CondorTovmhouse 4,000 40 100 20 1 15 10.1 side 50 500% High Deni Residential MH MH Residential Manufactured Hones 4 10,00013 units 1 50 100 25 20 10 35 1 50% Manufactured housing in parks PD PD Planned Development Na Na We n/a n1a n/a n/a Na Planned Development MF MF Residential Mufti -Family 7,500 1 75 100 25 20 10 50 3 Stodes High Density Residential BUSINESSISERVICEIRETAIL NONE CBD Central Business District 1,6W 40 40 20 10 10 35 75% Business NONE C1R Commercial Business District- Light Density Retail 2,025 s0 40 25 15 10 NONE 75% Light Density Retail Retag NONE NONE C2R NS Commercial Business District- Medium Denser Retail Nei hbomood Services - 3,000 4 SW s0 NONE 550 NONE 20 25 15 15 10 10 35 35 80% 50% Medium Density Retall Neighborhood Services NONE PB Professional Business 8 000 NONE NONE 25 15 10 35 50% Pmtesaional Business NONE C3R Big Box Retail 15,000 NONE NONE 30 15 10 35 80% Large Retail CORVAERCWL G1 Gi Commercial - Li M 7,500 NONE NONE 25 15 1 10 60 1 75% Commercial C-2 C-2 Commercial -Medium 10,000 100 100 30 15 10 Vadada 80% Commercial NONE CIG General Light Commercial 3,000 s0 s0 25 15 10 NONE 75% L ht Commercial NONE C213 General Heavy Commercial 5,000 50 80 25 15 10 NONE 75% Hea Commercial _ INDUSTRULL 1-1 1.1 Light Industrial (Clean) _NONE NONE NONE 25 15 10 60 80% ht Industrial (Clean) NONE SPECLAL 1.2 _Heavy Industrial NONE NONE NONE 40 15 10 36 809,6 Hee Industrial OP PK Parkland/Open spaoe NONE NONE NONE NONE NONE NONE NONE Na Open Space/ Park 90 00 Overlay District NONE NONE NONE NONE NONE NONE NONE n1 'al OverlayDistnct NONE AS Places of Assent 8,000 NONE NONE 25 15 10 35 75% Assembly NOTES: 1 1 800 / additional use 2 No more than 24 unci ase 3 Of 'rra al building 4 Ina Manufactured Horses Pal All lot and setback dimensions listed are minimum requimments and are shown in feet - 71