ORD 1426 1/9/2024Pity of Choke"
ORDINANCE NO. 1'V2C
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING
APPENDIX A OF THE CITY OF CIBOLO'S CODE OF ORDINANCES,
ENTITLED "2013 CIBOLO UNIFIED DEVELOPMENT CODE" TO
REVISE ARTICLE 13.1 — RESIDENTIAL USES TO REMOVE
MANUFACTURED HOMES FROM THE USES PERMITTED IN THE
LOW DENSITY SINGLE-FAMILY RESIDENTIAL (SF -2) ZONING
DISTRICT; DECLARING A PUBLIC PURPOSE; INCORPORATING
RECITALS; PROVIDING A REPEALER AND SAVINGS CLAUSE;
PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE
DATE.
WHEREAS, Chapter 211 of the Texas Local Government Code authorizes the City of Cibolo,
Texas ("City"), a home -rule municipality, to establish, administer and amend zoning regulations;
and
WHEREAS, Article 3, Section 3.7 of the UDC allows the City of Cibolo to amend the UDC as
necessary, in accordance with applicable state law, to protect the community health, safety and
general welfare and provide for safe, orderly and healthful development within the municipality's
jurisdiction; and
WHEREAS, the City Council finds that "Manufactured Home Residential" is currently permitted
by conditional use permit within the Low Density Single -Family Residential (SF -2) Zoning
District, and has determined that such use is not appropriate for the SF -2 Zoning District and
therefore should no longer be permitted by conditional use permit within the SF -2 Zoning District;
and
WHEREAS, after duly providing all required public notice, on November 15, 2023, the Planning
and Zoning Commission for the City conducted a public hearing regarding amending Appendix A
of the City's Code of Ordinances, also known as the City's Unified Development Code ("UDC"),
to remove manufactured homes from the uses permitted within the Low Density Single -Family
Residential (SF -2) Zoning District, as set forth in the "Use Table" in Section 13.1 of the UDC, and
thereafter moved to recommend to City Council that such amendment be approved; and
WHEREAS, after duly providing all required public notice, on December 12, 2023, the City
Council conducted a public hearing regarding the amendments proposed herein and the
recommendation of the Planning and Zoning Commission regarding same; and
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WHEREAS, having held public hearings and duly considering this matter, in accordance with
applicable local laws as well as statutory requirements set forth in Chapter 211 of the Texas Local
Government Code, the City Council has approved the amendments to the City's UDC as set forth
herein, having found that doing so is necessary and appropriate to promote the health, safety and
welfare of the public; and
WHEREAS, the City Council and the Planning and Zoning Commission have determined that the
proposed amendment to the UDC is consistent with the City's Comprehensive Master Plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. AMENDMENT TO UDC SECTION 13.1. Appendix A of the City's Code of
Ordinances, also known as the Unified Development Code ("UDC") is hereby amended to revise
the Use Table in Section 13.1 - Residential Uses to remove "Manufactured Home Residential"
from the uses permitted in the Low Density Single -Family Residential (SF -2) Zoning District, such
that the use known as "Manufactured Home Residential" shall not hereafter be permitted, either
by right or by conditional use permit, within the SF -2 Zoning District.
The Use Table in Section 13.1— Residential Uses of the UDC shall hereby be revised to delete the
"C" (indicating conditional use) from the column labelled S172 at the row for "Manufactured Home
Residential," thereby prohibiting such use within the SF -2 Zoning District once this Ordinance
becomes effective.
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 2. PUBLIC PURPOSE. The City Council finds that the amendments to these UDC
are in the public interest and are necessary to promote the general welfare.
SECTION 3. INCORPORATING RECITALS. The City Council approves the recitals hereto
and incorporates them herein as findings of fact.
SECTION 4. REPEALING ORDINANCES IN CONFLICT AND SAVINGS CLAUSE. All
ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict with all remaining portions not conflicting being saved from repeal herein.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect the
validity of the remaining sections of this ordinance. The City Council hereby declares that it would
have passed this ordinance, and each section, subsection, clause, or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared void.
SECTION 6. EFFECTIVE DATE. The Ordinance shall be effective immediately following
publication as required by law.
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ORDERED this I day of
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AT TES
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PEGGY CIMICS, TR 4C
City Secretary
7362/8 #295983.1
MARK D. ALLEN
Mayor