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ORD 934 07/27/2010 ofc/� pih/1/IM/yyyyy�i O 4 r=O *Ait% , 'ryymayiuinnNni e X A S "City of Choice" ORDINANCE NO. 9 34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT REPLACES APPENDIX A OF THE CODE OF ORDINANCES ESTABLISHING ZONING REGULATIONS PROVIDING: POLICIES AND PROCEDURES AS ALLOWED UNDER THE TEXAS LOCAL GOVERNMENT CODE; COMPREHENSIVE ZONING AND PLANNED DEVELOPMENT DISTRICT REGULATIONS; ZONING MAPS; GENERAL PROVISIONS; EXCEPTIONS; USE, HEIGHT AND AREA REGULATIONS; SPECIAL USES AND STRUCTURES; CONDITIONAL USES; SITE PLANS; VISUAL SCREENING; OFF-STREET PARKING AND LOADING REGULATIONS; NON-CONFORMING BUILDINGS AND USES; ZONING DISTRICT BOUNDARY VERIFICATION PROCEDURES; ZONING OF ANNEXED AREAS; ADMINISTRATIVE RULES AND PROCEDURES; DEFINITIONS; APPENDICES; PROVIDING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING A PENALTY FOR VIOLATIONS AND ESTABLISHING EACH DAY OF SUCH VIOLATION AS A SEPARATE OFFENSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, §211 of the Texas Local Government Code empowers the City of Cibolo to establish, administer, enforce and amend Zoning Regulations; and WHEREAS, the City Council of the City of Cibolo, Texas deems it necessary for the purposes of the community health, safety and welfare to enact such an ordinance; and WHEREAS, the City Council of the City of Cibolo, Texas, appointed a committee to review and provide recommendations to the Planning and Zoning Commission and the City Council regarding amendments to the City's Zoning regulations and map; and WHEREAS, the above referenced committee met on numerous occasions over a_period of several months at meetings which were open to the public; and WHEREAS, the above referenced committee has made recommendations regarding the City's currently existing recommended zoning districts and appropriate regulations to be enforced therein; and WHEREAS, the Planning and Zoning Commission of the City of Cibolo, Texas, pursuant to the provisions of§211 of the Texas Local Government Code, has recommended zoning districts and appropriate regulations to be enforced therein to the City Council; and WHEREAS, the City Council of the City of Cibolo, Texas has given reasonable consideration to the character of the land use districts and their peculiar suitability for particular uses, and with a view to conserving the value of property by encouraging the appropriate use of that property throughout the City; and WHEREAS, the City Council of the City of Cibolo, Texas has given due notice as required under §211 of the Texas Local Government Code relating to these provisions and has held public hearings as required; and WHEREAS, the City Council of the City of Cibolo, Texas has met all requirements of §211 of the Texas Local Government Code establishing and amending said Zoning Regulations. NOW THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS,THAT: SECTION 1. REPEAL AND ADOPTION (a) The following enacted sections of the City of Cibolo Code of Ordinances are hereby repealed: Appendix "A"Zoning. (b) City of Cibolo Code of Ordinances Appendix A Zoning shall read as follows in attached "Exhibit A." SECTION 2. PUBLIC NOTICE Whereas the City of Cibolo notified the public regarding the time, place, and subject matter of public hearings as required by the Texas Local Government Code §211 by publishing a legal notice on July 2, 2010; and SECTION 3. PUBLIC HEARINGS Whereas two public hearings were held before the public regarding the amendment and establishment of these provisions being held before a quorum of the City of Cibolo Planning and Zoning Commission on Tuesday, July 20, 2010 at 6:30 P.M. in the City of Cibolo City Hall and being thence held before a quorum of the City of Cibolo City Council on Tuesday, July 27, 2010 at 7:00 P.M. in the City of Cibolo City Hall for the purpose of providing all interested persons the opportunity to be heard concerning the proposed amendments to Ordinance No. 609 as required by the Texas Local Government Code §211; and SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shill not affect the validity of the remaining portions of this ordinance; and SECTION 5. REPEAL 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; and SECTION 6. SAVINGS 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 Ordinances which would otherwise become non-conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that were violations of prior Zoning Ordinances of said city; and SECTION 6. EFFECTIVE DATE This Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas and having been published twice in a newspaper designated as the official newspaper of the City. PASSED AND APPROVED this 27th day of July 2010. SIGNED: Jer fer H/man, ayor . City of Cibolo, Texas I AT EST: 1..eq97 2-1-2e-- Peggy Cimics, City Secretary City of Cibolo, Texas EXHIBIT A City of Cibolo Code of Ordinances APPENDIX A (Zoning) TABLE OF CONTENTS 1. General Provisions 1 1.1 Purposes and Intent 1 1.2 Consistency with Comprehensive Plan 1 1.3 Minimum Requirements 1 1.4 Effective Date 1 1.5 Severability 1 2. Zoning Authority and Roles 2 2.1 Role of Planning and Zoning Commission 2 2.2 Role of City Council 2 2.3 Role of Zoning Administrator 2 2.4 Role of Board of Adjustments 2 2.4.1 Membership 2 2.4.2 Meetings 2 2.4.3 Final Action 3 3. Processes 4 3.1 Zoning Map Amendment Process (Rezoning) 4 3.1.1 Submittal Requirements 4 3.1.2 Zoning Administrator Review 4 3.1.3 Planning and Zoning Commission Required Notice, Hearing, and Action 4 3.1.4 City Council Required Notice, Hearing 4 3.1.5 Approval Criteria 5 3.2 Conditional Use Permit 5 3.3 Appeal of Administrative Decision 6 3.4 Variance 6 3.4.1 Application Requirements for Variance 6 3.4.2 Consideration 6 3.4.3 Criteria for Granting a Variance, Findings Required 6 3.4.4 Insufficient Findings 7 3.4.5 Limitations 7 3.4.6 Time to exercise variances 8 4. Establishment of Zoning Districts 9 4.1 Official Zoning Map 9 4.2 Digital Mapping 10 4.3 Replacement of Official Zoning Map 10 4.4 Rules for Interpretation of District Boundaries 10 4.5 Uniform Application of District Regulations 11 4.6 Overlay District Applicability 11 5. Zoning District Purpose Statements 12 5.1 Residential Districts 12 5.1.1 Rural Residential (SF-1 District) 12 5.1.2 Suburban Residential (SF-2 District) 12 5.1.3 Mixed-Density Residential (SF-3 District) - 12 5.1.4 Multi-Family(MF-1District) 12 , 5.1.5 Multi-Family(MF-2 District) 12 5.1.6 Manufactured Home (MH-1 District) 12 5.1.7 Mobile Home Park(MH-2 District) 12 5.2 Non-Residential Districts 13 5.2.1 Neighborhood Commercial (C-1 District) 13 5.2.2 Old Town/Town Center(C-2 District) 13 5.2.3 Retail/Office (C-3 District) 13 5.2.4 General Commercial (C-4 District) 13 5.2.5 Light Industrial (I-1 District) 13 5.2.6 Heavy Industrial (I-2 District) 13 5.2.7 Public Facilities (PF District) 13 5.3 Special Districts 14 5.3.1 Planned Unit Development(PUD) 14 5.3.2 "78" Overlay District 14 5.3.3 Old Town Overlay District 14 5.3.4 Town Center Overlay 14 5.3.5 I-10 Overlay 14 6. Zoning Use Regulations 15 6.1 Zoning Use Table 15 6.1.1 Authority 15 6.1.2 Types of Use 15 6.1.3 Use Table 15 7. Lot Design Regulations 16 7.1 Density and Maximum Lot Coverage Standards 16 7.1.1 Maximum Development Density 16 7.1.2 Maximum Lot Coverage 16 7.1.3 Lot Dimension Standards 16 7.2 Lot Standards Table 17 7.3 Accessory Building Standards 17 7.4 Special District Regulations 17 7.4.1 Planned Unit Development(PUD) Regulations 17 7.4.2 Old Town Overlay District Regulations 20 7.4.3 FM 78 District Overlay Regulations 22 7.4.4 Town Center District Overlay Regulations 23 8. Non-Conforming Buildings and Uses 24 8.1.1 Regulations 24 8.1.2 Change or Expansion Prohibited 24 8.1.3 Continuation of Existing Uses 25 8.1.4 Abandonment 25 8.1.5 Change in District Boundaries 25 8.2 Accessory Uses 25 8.2.1 General 25 8.2.2 Home Occupations 25. 8.3 Temporary Uses 26 -• 8.3.1 Purpose and Applicability 26 8.3.2 Criteria for Approval 26 , 8.3.3 Temporary Use Permit Required 27 9. Fence, Screening, and Exterior Design Standards 28 9.1 Fence requirements 28 9.1.1 Fence location 28 9.1.2 Maintenance 28 9.1.3 Fence height 28 9.1.4 Building materials 28 9.2 Screening Of Mechanical Equipment,Trash Storage Areas, and Loading and Service Areas 29 9.2.1 Mechanical Equipment and Trash Storage Areas 29 9.2.2 Loading and Service Areas 29 9.3 Exterior Design Requirements 30 9.3.1 Exterior Building Materials 30 9.3.2 Exterior Architectural Elements 30 10. Outdoor Display and Storage 32 10.1 General 32 10.2 Allowed Outdoor Storage Table 32 10.3 Categories of Outdoor Storage and Display 32 10.3.1 Outdoor Display 32 10.3.2 Limited Outdoor Storage 32 10.3.3 General Outdoor Storage 33 10.3.4 Outdoor Display and Storage Requirements 33 10.3.5 Exceptions 33 11. Off-street Parking and Loading Requirements 34 11.1 General 34 11.1.1 Applicability 34 11.1.2 No Reduction Below Requirement 34 11.2 Off-Street Parking Requirements 34 11.3 Alternative Parking Plan and Shared Parking 37 11.3.1 Alternative Parking Plan 37 11.3.2 Shared Parking 37 11.3.3 Alternative Agreements 38 11.4 Rules for Computing Requirements 38 11.4.1 Multiple Uses 38 11.4.2 Fractions 38 11.4.3 Area Measurements 38 11.4.4 Occupancy-Based Standards 38 11.4.5 Unlisted Uses 39 11.5 Location of Required Parking 39 11.6 Parking Space and Parking Lot Design 39 11.6.1 Parking Space Dimensions 39 11.6.2 Aisle Widths 39 11.6.3 Markings 39, 11.6.4 Surfacing and Maintenance 39 11.6.5 Access and Circulation 39 11.6.6 Tandem Parking 40 , 11.7 Use of Required Parking Spaces 40 11.8 Vehicle Stacking Areas 40 11.8.1 Minimum Number of Stacking Spaces 40 11.9 Design and Layout 40 11.10 Parking and Storage of Large Vehicles and Equipment 41 11.11 Off-Street Loading 41 11.11.1 No Use of Public Right-of-Way 41 11.11.2 Site Plan Required 41 11.12 Driveways 41 12. Wireless Transmission Facilities, Small-Scale Wind Energy Conversion Systems, Solar Arrays 42 13. Site Plan Review 43 13.1 Purpose 43 13.2 Site Plan 43 13.2.1 Approval Process 43 13.2.2 Application Completeness 43 13.2.3 Supplemental Requirements 43 13.2.4 Pre-Application Conference 44 13.2.5 Applicability 44 13.2.6 Building Permit and Certificate of Occupancy 44 13.2.7 Extent of Area That Should Be Included In a Site Plan 44 13.3 Application Requirements 44 13.3.1 Responsible Official 44 13.3.2 Contents 44 14. Enforcement and Administration of Regulations 49 14.1 Certificate of Occupancy 49 14.2 Powers and Duties of the Building Official 49 14.3 Penalty and Enforcement 50 Appendix A: Use Defmitions Appendix B: Use Tables Appendix C: Lot Standards Table Appendix D: Accessory Structure Standards , 1. General Provisions 1.1 Purposes and Intent The purpose of the Zoning Ordinance is to promote the public health, safety, general welfare and quality of life of the present and future citizens of the City. 1.2 Consistency with Comprehensive Plan The City of Cibolo's Comprehensive Plan, as adopted and as amended and periodically updated, is the policy guide for the development of the Zoning Ordinance. 1.3 Minimum Requirements The provisions of this Ordinance shall be interpreted and applied as the minimum requirements for the promotion of public health, safety, and general welfare. Whenever the requirements of this Ordinance are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the City Council will apply. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, special district, state or federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued. 1.4 Effective Date This Ordinance shall become effective and be in full force and effect immediately following its passage and approval by the City Council,as duly attested by the Mayor and City Secretary. 1.5 Severability If any section or part of this Ordinance is held by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance but shall be confined in its operation to the specific sections of this Ordinance that are held unconstitutional or invalid. The invalidity of any section of this Ordinance in any one or more instances shall not affect or prejudice in any way the validity of this Ordinance in any other instance. 1 2. Zoning Authority and Roles 2.1 Role of Planning and Zoning Commission As a home rule city, the City of Cibolo has by city charter all the powers authorized by the Texas Local Government Code §211.007 which authorize the appointment of a Planning and Zoning Commission, and which set out certain authority and responsibilities for such a Commission. The Planning and Zoning Commission serves an advisory role to the City Council that includes review and recommendation of applications subject to zoning authority, such as: zoning map amendments (rezoning) and text amendments to these zoning regulations. 2.2 Role of City Council The City Council is responsible for appointing and removing members of the Planning and Zoning Commission. The City Council shall hear and render decisions on applications for original zoning, render decisions on proposed amendments to the official zoning map, as well as take final action on amendments of the text of the zoning ordinance. 2.3 Role of Zoning Administrator The Zoning Administrator, designated by the City Council,will be the administrative official responsible for the duties and procedures provided in this ordinance. The provisions of this ordinance will ordinarily be carried out by said official or a designee such as assistants, deputies, or department heads. 2.4 Role of Board of Adjustments The Board of Adjustments (BOA) has the powers and duties set forth in Chapter 211 of the Texas Local Government Code. The Board of Adjustment's jurisdiction extends to and includes the following specific powers and duties: A. Variance(from zoning standards of this Ordinance) B. Appeal of an Administrative Decision,per Texas Local Government Code§211.010. 2.4.1 Membership The Board of Adjustment shall consist of seven(7)regular members and two(2) alternate members, each to be appointed for a term of two (2) years and removable for any cause by the City Council. The two (2) alternate members shall serve in the absence of one(1)or more regular members when requested to do so by the City Manager or his/her designee. Vacancies will be filled for the unexpired term of any member whose term becomes vacant. The appointed members shall select a Chairperson and such other officers from among is membership as it may deem necessary. 2.4.2 Meetings The Board shall adopt rules in accordance with the provision of this ordinance. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson, or in his/her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote, indicating such fact, and shall keep records of the examinations and other official action, all of which shall be immediately filed in the Office of the City Clerk and shall be a public record. 2 Six (6) members of the Board shall constitute a quorum. The Chairperson shall vote on all questions. Concurring vote by a 75 percent of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variations in such ordinance. 2.4.3 Final Action An applicant aggrieved by a final action on a BOA procedure may appeal to the appropriate District Court within ten(10) days of the final action(see Texas Local Government Code, §211.011). Failure to appeal within ten(10) days shall cause the BOA final action to become unappealable. 3 3. Processes 3.1 Zoning Map Amendment Process (Rezoning) The Official Zoning Map may be amended based upon changed or changing conditions in a particular area or in the City generally, or to rezone an area, or to extend the boundary of an existing zoning district. All amendments must be in accordance with the Future Land Use Plan, which may only be amended according to the procedure described in Texas Local Government Code §213.003(a). The City Council is responsible for final action on Zoning Map Amendments. 3.1.1 Submittal Requirements An application for Zoning Map Amendment shall be deemed complete when the applicant or agent has provided on or before the application submittal date prescribed by the City Manager or his/her designee: A. A letter or application form,signed by the property owner(s), stating the current and requested zoning classifications. B. A copy of the current deed, indicating ownership and authority to file the application. C. A legal description of the property,whether by Lot and Block,or by metes and bounds D. The full required fee for processing the application. E. A list of property owners within two hundred(200) feet of the property for which the change in district boundary is proposed. 3.1.2 Zoning Administrator Review A. The Zoning Administrator shall review the application and make a determination of completeness of the application. B. A complete application will be reviewed by the Zoning Administrator and his/her designees for consideration of applicable criteria and prepare a report to the Planning& Zoning Commission and City Council. C. The Zoning Administrator's report may include a recommendation for fmal action. 3.1.3 Planning and Zoning Commission Required Notice, Hearing, and Action The Planning and Zoning Commission shall hold a public hearing to consider proposed changes in district boundaries or amendments to regulations. Written notice of any such public hearing shall be mailed to all owners of real property, according to the most current County tax rolls, lying within two hundred (200) feet of the property for which a change in district boundaries is proposed. Such notice shall be mailed not less than eleven(11) days before the date set for hearing. If an application or petition has been filed, the party responsible shall appear in person or by agent. The Commission shall act upon changes and amendments as originally submitted or modified. If the Commission is satisfied that a proposed change or amendment is justified, it shall recommend City Council approval. If modifications are required, such modifications shall be included in the recommendation to the City Council. If the Commission is not satisfied that a proposed change or amendment is justified, it shall recommend City Council disapproval. The reasons for disapproval shall be included in the recommendation to the City Council. 3.1.4 City Council Required Notice, Hearing A public hearing shall be held by the City Council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publication in the official publication of the City, 4 stating the time and place of such hearing, which time shall not be earlier than sixteen(16) days from the first day of such publication. If an application or petition has been filed,the owner shall appear in person or by agent. 3.1.5 Approval Criteria In determining whether to approve, approve with modifications, or disapprove a proposed amendment, the City Council shall consider the following: A. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; B. The Zoning Map Amendment is consistent with the City's adopted Comprehensive Plan; C. The Zoning Map Amendment promotes the health, safety, or general welfare of the city and the safe and orderly development of the City; D. The Zoning Map Amendment is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and, E. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. 3.2 Conditional Use Permit A Conditional Use Permit is intended to provide some flexibility to traditional zoning by offering a mechanism to balance specific site constraints and development plans with the larger interest of the community and the integrity of the Zoning Ordinance. An application for Conditional Use Permit follows the same process as a Zoning Map Amendment Process (Rezoning). The Permit, if granted, may include conditions placed upon the development of the property. The Planning and Zoning Commission and City Council shall consider the following, at a minimum, in conjunction with its deliberations for approval or denial of the application and the establishment of conditions: A. Consistency with the Comprehensive Plan. B. Conformance with applicable regulations in this Ordinance and standards established by the regulations. C. Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access and circulation features. D. Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use. E. Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health, safety,morals and general welfare. F. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use. G. Protection of persons and property from erosion, flood or water damage, fire,noise, glare and similar hazards of impacts. H. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. I. Adequacy and convenience of off-street parking and loading facilities. The Planning and Zoning Commission, in recommending favorably upon an application for conditional use,must make all of the following findings of fact: 5 A. The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located. B. That the proposed use will comply with each of the applicable provisions of these regulations. C. That the proposed use and site development, together with any modifications applicable thereto,will be completely compatible with existing or permitted uses in the vicinity. D. That the conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed zoning standards do not provide enough mitigation of the impacts identified, thus warranting stricter standards, if so recommended. E. The Commission has given due consideration to all technical information supplied by the applicant. F. That the proposed use,together with the conditions applicable thereto,will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. 3.3 Appeal of Administrative Decision The Board of Adjustment shall have the authority to hear requests for the appeal of decision made by the Zoning Administrator,pursuant to Texas Local Government Code§211.010. 3.4 Variance The Board of Adjustment shall have the authority to hear requests for variance in accordance with the terms of this ordinance. 3.4.1 Application Requirements for Variance The following terms prescribe the initiation and initial process of a variance application: A. Applications must be made in a format and in a manner consistent with requirements determined by the City.Applications must include all materials determined necessary by the City. Information regarding format requirements and submittal materials required for the application will be made available by the City in advance of any application. B. Upon submission of an application and payment of the applicable fee, the City will determine whether the application is complete.. 3.4.2 Consideration The City Staff shall prepare a report, which may include a recommendation for final action. The BOA will review the application, the Staff report, conduct a hearing in accordance with the BOA's established procedures and state law, and take final action on the application. In accordance with Texas Local Government Code 211.009,the concurring vote of 75 percent of the members of the board is necessary to authorize a variance from the terms of the zoning ordinance. 3.4.3 Criteria for Granting a Variance, Findings Required The Board of Adjustment shall prescribe only conditions that it deems not prejudicial to the public interest, and shall enumerate its decision with fmdings of fact. In making the required findings,the Board of Adjustment shall take into account the nature of the proposed use of the land involved,the existing use of land in the vicinity, the number of persons who will reside or work in the proposed development, the 6 possibility that a nuisance may be created,and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Board of Adjustment finds all of the following: A. Extraordinary Conditions That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Code will deprive the applicant of a reasonable use of the land. For example, a variance might be justified because of topographic, or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. B. Preservation of a Substantial Property Right That the variance is necessary for the preservation of a substantial property right of the applicant. C. Substantial Detriment That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area,or to the City in administering this Code. D. Other Property That the conditions that create the need for the variance do not generally apply to other property in the vicinity. E. Applicant's Actions That the conditions that create the need for the variance are not the result of the applicant's own actions. F. Comprehensive Plan That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. G. Utilization That because of the conditions that create the need for the variance,the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. 3.4.4 Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a variance: A. That the property cannot be used for its highest and best use. B. That there is only a financial or economic hardship. C. That there is a self-created hardship by the property owner or its agent. D. That the development objectives of the property owner are or will be frustrated. E. The fact that property may be utilized more profitably should a variance be granted. 3.4.5 Limitations The Board of Adjustment may not grant a variance when the effect of the variance would be any of the following: - • A. To allow the establishment of a use not otherwise permitted in the applicable zoning district. B. To increase the density of a use above that permitted by the applicable district. C. To extend physically a nonconforming use of land. D. To change the zoning district boundaries shown on the Official Zoning Map. 7 3.4.6 Time to exercise variances A variance shall not be valid if action authorized is not begun within a period of ninety(90) days. Action shall include the issuance of a building permit. 8 4. Establishment of Zoning Districts The following Zoning Districts are hereby established for the City of Cibolo as authorized by the City Charter and Chapter 211 of the Texas Local Government Code: DISTRICT CODE DISTRICT NAME SF1 Rural Residential SF2 Suburban Residential SF3 Mixed-Density Residential MF1 Multi Family MF2 Multi Family MH1 Manufactured Housing MH2 Mobile Home Park Cl Neighborhood Commercial C2 Old Town/Town Center C3 Retail/Office C4 General Commercial PF Public Facilities Il Light Industrial I2 Heavy Industrial OT Old Town Overlay 78 FM 78 Overlay TC Town Center Overlay 4.1 Official Zoning Map The City is hereby divided into the above Zoning Districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of the Code of Ordinances of the City of Cibolo. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bear the Seal of the City of Cibolo under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 4.1, Ordinance No. of the City of Cibolo,Texas." If, in accordance with the provisions of this Ordinance and §211.006 of the Texas Local Government Ordinance, as amended, changes are made in the District boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map, within thirty business days after the amendment has been approved by the City Council and signed by the Mayor. 9 Approved zoning changes shall be entered on the Official Zoning Map and each change shall be identified on the Map with the ordinance number making the change. No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with procedures set forth in this Ordinance. Any unauthorized change shall be null and void and have no force or effect. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the City Secretary, shall be the final authority as to the current zoning status of all areas in the City. 4.2 Digital Mapping Digital maps, created through the use of geographical information system technology, containing registration points recorded on the Texas State Plane Coordinate System, as amended, may be used in the administration and enforcement of this Ordinance,but will not replace the paper originals of official maps required by this Ordinance. 4.3 Replacement of Official Zoning Map In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions,the City Council shall,by ordinance, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bearing the Seal of the City and date under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. — of the City of Cibolo,Texas." Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. The City shall initiate creation of a revised Official Zoning Map consistent with the provisions of this Ordinance. 4.4 Rules for Interpretation of District Boundaries Where uncertainty exists as to the boundaries of Districts as shown on the Official Zoning Map, the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following city limits shall be construed as following such city limits. 10 D. Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line. E. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes,or other bodies of water shall be construed to follow such center lines. F. Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated in a classification amendment shall be determined by the scale of the map. G. Where physical features, such as streets, railroad lines, rivers, streams and such, existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered above, the Director of Development Services shall make a written interpretation of the District boundaries,for approval by the City Manager. 4.5 Uniform Application of District Regulations No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the zoning regulations herein specified for the District in which it is located. 4.6 Overlay District Applicability. The overlay districts defmed herein(OT, 78,TC) include requirements specific to the designated areas as defmed on the official zoning map. The requirements in the overlay districts are in addition to existing zoning requirements in the corresponding zoning districts. Standards and requirements not specifically addressed in the overlay requirements but provided for in the Cibolo Code of Ordinances for similar development shall apply. In the case of conflicting zoning requirements between existing zoning and the overlay district,the most restrictive requirements shall apply. • 11 5. Zoning District Purpose Statements 5.1 Residential Districts 5.1.1 Rural Residential(SF-1 District) This district is established for large-lot single-family residential housing. It is consistent with a very low density suburban/exurban environment with housing arranged in conventional detached format with a maximum density of 2 units per acre. These lots contribute to the semi-rural setting of the City and are protected from incompatible uses. 5.1.2 Suburban Residential(SF-2 District) This district is established for traditional suburban development of single-family detached dwellings in a medium density setting of 2-5.5 units per acre. Higher intensity residential development serves as a buffer to protect this area from incompatible and nuisance issues. 5.1.3 Mixed-Density Residential(SF-3 District) The mixed-density residential district enables higher density(5.5-12 units per acre)housing types, such as townhomes, garden homes, or duplex/triplex to be developed in closer proximity to collector streets. The district is intended to complement the suburban district and in infill areas of the Town Center, serving as a transitional use between commercial and single family uses. 5.1.4 Multi-Family (MF-1District) This district provides for attached, multiple family residential use to a maximum density of 18 units per acre, situated with access to an arterial roadway. It is intended to be located near retail and office use to provide convenient service. Its scale is complementary to the Town Center and provides pedestrian access to surrounding service uses. 5.1.5 Multi-Family (MF-2 District) This district provides for attached, multiple family residential use to a maximum density of 24 units per acre, situated with access to a major arterial roadway or highway. It is intended to be located near retail and office use to provide convenient service, and access to regional facilities for its residents. 5.1.6 Manufactured Home(MH-1 District) The Manufactured Home District, MH-1, is established to provide a single family residential zoning district most appropriate to an established neighborhood that contains predominantly manufactured home residences. This district allows for HUD-Code manufactured homes, modular homes, or other site-built homes on individual lots and provides for a diversity of housing options. 5.1.7 Mobile Home Park(MH-2 District) The MH-2 Mobile Home Park District is intended to provide locations for development of mobile home residence parks. Homes in this district shall be restricted to mobile homes as defined by the U.S. Department of Housing And Urban Development. 12 5.2 Non-Residential Districts 5.2.1 Neighborhood Commercial(C-1 District) The Neighborhood Commercial district is established to provide for a limited variety of commercial uses and services associated with neighborhood storefront retail, service, financial, and office activities which are compatible and designed in scale with surrounding residential areas. The intent of this District is to provide convenient neighborhood access to commercial services, and minimize undesirable impacts such as noise, traffic and odors through performance standards. 5.2.2 Old Town/Town Center(C-2 District) The Old Town district is established to reinforce and reinvigorate downtown Cibolo's historical traditions and monuments. The district is intended to ensure harmonious development, redevelopment, and rehabilitation of uses in the historic core by integrating an appropriate mix of retail, office, entertainment, civic, and residential uses commensurate with traditional values of the city, its citizens, and the surrounding area. 5.2.3 Retail/Office(C-3 District) The Retail/Office District establishes a broad range of business operations, services and commercial development requiring arterial or collector street access. This district is intended for a variety of office, institutional and indoor retail uses that are designed to make the most efficient use of existing infrastructure and provide for orderly transitions and buffers between districts and uses. This district should facilitate economic development activities that will strengthen neighborhoods; promote the development of targeted industries and provide community balance; provide educational and employment opportunities; and encourage local economic investment for citizens of Cibolo. 5.2.4 General Commercial(C-4 District) The General Commercial district is established to provide for a broad range of commercial uses and • activities in high visibility areas to serve the needs of the surrounding region. It is the most intensive commercial zoning district and generally situated along a highway or major roadway due to high traffic requirements. 5.2.5 Light Industrial(I-1 District) The I-1 district is established to permit most commercial uses, office park, flex-space, and low impact industrial uses which are compatible with surrounding commercial districts. Limited retail and services uses that serve the industrial development zone are also permitted. 5.2.6 Heavy Industrial(I-2 District) The I-2 district is established to provide for a broad range of industrial uses. It is the least restrictive industrial zoning district and is intended for the grouping of industrial uses in locations that have adequate and convenient access to major arterials,highways, and rail lines. 5.2.7 Public Facilities (PF District) The Public Facilities District is intended to provide for public, semi-public and institutional facilities within close proximity to various neighborhood and commercial land uses. 13 5.3 Special Districts Generally, Special Districts are provided as follows in order to further goals and objectives of the City's Comprehensive Plan. 5.3.1 Planned Unit Development(PUD) Planned Unit Development zoning is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties that are three acres in size or greater and which are to be developed in accordance with a common development scheme of planned associations of uses. PUD zoning is designed to accommodate various types of development, such as single-family residential, multiple housing development, neighborhood and community shopping centers, professional and administrative areas,industrial and business parks, and other uses or a combination or mix of uses. A PUD may be used to permit new or innovative concepts in land use and standards not permitted by zoning or subdivision standards in this Ordinance or to permit development projects that existing Zoning Districts do not easily accommodate. 5.3.2 "78"Overlay District The"78"Overlay District(78)intends to provide a cohesive set of design and use standards for properties within its boundaries. The District recognizes the importance of the FM 78 corridor through Cibolo as a local and regional commercial center, and emphasizes traffic management, mixed commercial and residential use opportunities, and management of visual clutter through signage control, screening and buffering. Architectural design standards are part of the 78 Overlay District to promote the development of pedestrian-scale buildings and define the corridor as a cohesive district. 5.3.3 Old Town Overlay District The Old Town Overlay District(OT) is intended to provide a cohesive set of design and use standards for properties within its boundaries. The OT District recognizes the historical fabric of Old Town Cibolo and seeks to preserve the character, pedestrian scale, and architecture of the area surrounding Main Street. Additionally, it seeks to provide a pedestrian-oriented environment and flexibility for harmonious residential, civic, and commercial uses, as well as context-sensitive design standards to integrate new development with the City's original core. 5.3.4 Town Center Overlay The Town Center Overlay District is intended to provide a cohesive set of design and use standards for properties within its boundaries. The TC District recognizes the current and future importance of this area adjacent to the Old Town District, the future extension of FM 1103 and Haeckerville Road, and generally the area's central location with respect to the ultimate city limits. The TC District provides additional flexibility to mix residential, commercial, and civic uses. Additionally, it seeks to provide a pedestrian-oriented building environment and manage visual clutter through signage control,screening and buffering. 5.3.5 1-10 Overlay [reserved] 14 6. Zoning Use Regulations 6.1 Zoning Use Table 6.1.1 Authority The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. 6.1.2 Types of Use All of the uses listed in the following use Table summary are defined and described in Appendix A: Definitions. The following paragraphs serve as a key to the summary table and indicate how each specific use is treated. 6.1.2.1 Uses Permitted By Right A "P" indicates that a use is allowed by right. Such uses are subject to all other applicable Ordinances. 6.1.2.2 Conditional Use Permit Required A"C" indicates that a use is allowed only if approved by a Conditional Use Permit by the City Council in accordance with the procedures in Section 3.2 of this Ordinance. Conditional uses are subject to all other applicable regulations of this Ordinance. 6.1.2.3 Uses Not Allowed A cell with the symbol"-"indicates that a use is not allowed. 6.1.2.4 Uses Not Listed The Zoning Administrator shall use the district purpose statements in Section 4 to determine the proper placement of a use that is not listed. The addition of a use and definition shall require an amendment to the text of the zoning ordinance. 6.1.3 Use Table Appendix B presents the uses that are allowed in each Zoning District, in accordance with all standards and regulations of this Ordinance: 15 7. Lot Design Regulations The purpose of this section is to describe lot development standards for both residential and non- residential lots. This section contains standards on lot size, minimum setback requirements, and maximum building heights in order to provide for a variety of housing and land development patterns and to meet the diverse needs of the current and future residents of Cibolo, in a manner consistent with the goals and objectives set forth in the Future Land Use Plan. 7.1 Density and Maximum Lot Coverage Standards Appendix C identifies the standards for lots within each zoning district, and are defined as follows: 7.1.1 Maximum Development Density Each residential Zoning District provides a maximum number of dwelling units per acre that can be placed on a tract. In many cases, the total number of units that can be placed on a site, after considering the land area needed to accommodate infrastructure and environmental factors (right-of-way, drainage, floodplains, steep slopes, impervious cover limitations, minimum lot size standards, yard setbacks, and maximum lot coverage)will be less than based simply on the maximum development density. 7.1.2 Maximum Lot Coverage Each development lot has a Maximum Lot Cover, expressed as a percentage, which represents the maximum percent of impervious surface area allowed on a lot within each particular Zoning District. It is computed as the total amount of impervious surface on the lot divided by the total lot area. Impervious surfaces on a lot include buildings, driveways, garages, porches, patios, private walks, accessory buildings, and any other impervious surfaces constructed on the lot. Building coverage is measured from the faces of the walls,not the eaves of the roof. 7.1.3 Lot Dimension Standards 7.1.3.1 Minimum Lot Area/Maximum Lot Area Minimum Lot Area is the minimum amount of square footage allowed within a lot, based on its zoning district classification. Maximum Lot Area applies only to multifamily zoning districts, in order to insure against undue concentrations of multi-family developments. 7.1.3.2 Minimum Lot Width The Minimum Lot Width is the minimum width of a lot (in feet), measured parallel to and along the front property line. 7.1.3.3 Setback Measurements Side yard setbacks are measured from the side lot line with no vertical obstructions within the setback. Front and rear yard setbacks are measured from the front and rear lot lines,respectively. 7.1.3.4 Width to Depth Ratio The average depth of any lot shall not exceed four times the average width of the lot. This requirement shall not apply to lots platted prior to the adoption of this Ordinance. 16 7.2 Lot Standards Table Appendix C presents the minimum lot standards by zoning district. 7.3 Accessory Building Standards An accessory building refers to a detached subordinate structure, the use of which is incidental to that of the principal building. The size, bulk, and location of accessory buildings are limited according to Appendix D. In every case, the maximum lot coverage specified for each district under Appendix C shall apply. 7.4 Special District Regulations 7.4.1 Planned Unit Development(PUD)Regulations 7.4.1.1 Purpose The Planned development district is designed to provide for the development of land as an integral unit for single or mixed uses in accordance with a plan that may vary from the established regulations of 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. 7.4.1.2 Application 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. 7.4.1.3 District Plans and Requirements 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: A. 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. B. 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 plans are otherwise known, the detail plan may be used to establish the district and be the only required step in the planned development process. 7.4.1.4 Concept Plan Requirements The application for a planned development district shall include a concept plan. Said concept plan shall include the following: A. Relation to the development plan. A general statement setting forth how the proposed district will relate to the city's master plan and the degree to which it is or is not consistent with that plan. B. Acreage. The total acreage within the proposed district. C. Survey. An accurate survey of the boundaries of the district. 17 D. Land Uses. 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. Proposed streets, as a minimum to arterial street level. (Showing collector and local streets is optional.) 7.4.1.5 Development Standards Development standards for each proposed land use,as follows: A. Minimum lot area. B. Minimum lot width and depth. C. Minimum front,side, and rear yard areas. D. Maximum height of buildings. E. Maximum building coverage. F. Maximum floor to area ratios for nonresidential uses. G. Minimum parking standards for each general land use. 7.4.1.6 Existing Conditions On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed district: A. Topographic contours of 10' (ten feet) or less. B. Existing streets. C. Existing 100-year floodplain, floodway and major drainage ways. D. City limits and E.T.J.boundaries. E. Zoning districts within and adjacent to the proposed district. Land use. F. Utilities,including water,wastewater and electric lines. 7.4.1.7 Detail Plan Requirements The application for a planned development district shall include a detail plan. Said detail plan shall include the following: A. Acreage. The acreage in the plan as shown by a survey certified by a registered surveyor. B. Land uses. Permitted uses, specified in detail, and the acreage for each use. C. 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. D. 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. E. Buildings. The locations, maximum height, maximum floor area and minimum setbacks for all nonresidential buildings. F. 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). G. Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water ' retention or major drainage facilities and improvements. 18 H. Utilities. The location and route of all major sewer,water,or electrical lines and facilities necessary to serve the district. I. 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. J. Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use. K. 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 7. Design elements 7.4.1.8 Maximum Off-Street Parking and Loading Requirements 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. 7.4.1.9 Approval of District 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 change shall be indicated on the zoning maps of the city. 7.4.1.10Commission Approval of Detail Plan 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 with the City Planner. The commission may approve the detail plan if it fords that: A. The plan complies with the concept plan approved for that property; B. The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhood or properties outside the plan; and C. The plan provides for the adequate and safe circulation of vehicular traffic. D. If no detail plan has been approved for the property within 5 (five) 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. E. 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) months, 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 up to two (2)twelve(12)month extensions for which the detail plan is valid. 19 F. The Zoning Administrator shall prepare a report annually in July to the commission detailing the actual development accomplished in the various planned development districts. G. 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 there is an established detail plan,the applicant may appeal the decision to the City Council by filing a written request with the City Secretary within 10 (ten) days of the decision. H. 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 City Planner. Any applicant may appeal the decision of the City Planner to the Planning and Zoning Commission for review and decision as to whether an amendment to the planned development district ordinance shall be required. I. 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. The total initial development of any planned development district shall not be less than 2(two)acres. 7.4.2 Old Town Overlay District Regulations The Old Town Overlay District (OT) is intended to provide performance standards that direct the redevelopment of properties within the district.The focus of the performance standards is to limit specific impacts to adjacent properties, while enabling flexibility in planning to the developing owner. Transition of use, buffering, and internal circulation are emphasized. Where these standards conflict with other standards or regulations of this or other City Ordinances, or with private restrictive covenants, the more restrictive standard shall apply. 7.4.2.1 Permitted Uses The uses of the underlying district of the zoning map are permitted, to the extent that the performance standards of 7.4.2.2 are met. In addition to the permitted uses of the underlying district,the following uses are permitted within the OT district boundary: A. Single-family residential, duplex residential, townhouse residential, condominium residential to 12 units per acre development density, provided that this use takes access from a local, public street. B. Upper-story residential use is permitted, provided that the residential use is clearly secondary to the primary commercial use, and the gross floor area of the entire building does not include more than 50 percent residential uses. 7.4.2.2 Performance Standards Any use permitted within the base district of the Old Town Overlay District, or as permitted in 7.4.2.1 above, shall conform with the following performance standards: Lighting and Glare 20 No use or operation shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. C. Open Storage No open storage of materials or commodities, or equipment shall be permitted except as an accessory use to a main use which is located in a building. No open storage operation or refuse disposal containers shall be located in the front of the main building and no storage use shall constitute a wrecking,junk, or salvage yard.All open storage areas and refuse disposal containers shall be screened from view of the public by a fence or wall (minimum height 6 feet, maximum height 8 feet), and shrubs,trees or other landscaping as approved by the Building Official; and no allowed open storage shall extend above the specified screening fence or wall. D. Parking Off-street parking shall meet the standards defined in the Appendix A. However, shared parking may be utilized within the Old Town Overlay district provided a Shared Parking Study is prepared and submitted with the Site Plan Application that clearly demonstrates the feasibility of shared parking. The study must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. E. Internal Circulation and Connectivity The site plan shall provide for a logical system of internal circulation which minimizes access to adjacent arterial streets. Street, driveway and alley connectivity shall be provided to all adjacent non-residential properties, regardless if the existing adjacent tracts offer a receiving connection point. Pedestrian connectivity (i.e. sidewalks) shall be provided to adjacent tracts, regardless if the existing adjacent tracts provide a connection point. F. Setbacks Front yard building setbacks may be reduced to the average front yard setback of existing lots on the same side of the street block. Building separation distances must be maintained pursuant to current Fire Code. G. Maximum Lot Coverage The maximum allowable impervious cover may be increased by way of a waiver request to 95%, provided that stormwater management facilities are available to mitigate increased peak runoff, or adequate conveyance is provided consistent with adopted drainage criteria. This waiver is granted at the discretion of the City Engineer. H. Buffering A bufferyard is required where the property lies adjacent to any residential district. The bufferyard must consist of one of the following options: 1. A 10-foot wide planting with an average of two evergreen trees for each 50 linear feet of buffer yard, spaced no more than 30 feet apart to provide additional screening above the wall. In addition,this option requires a solid six-foot screening wall constructed of brick, stone,reinforced concrete or other similar two-sided masonry materials; or, 21 2. A 30-foot wide planting with a berm at least three feet tall and eight feet wide, with an average of two deciduous shrubs and two evergreen shrubs at the top of the berm per 50 linear feet. 7.4.3 FM 78 District Overlay Regulations The FM 78 District Overlay(78) is intended to provide for the redevelopment of the area adjacent to FM 78, as defined on the Official Zoning Map. The further intent of this overlay district is to preserve the scale, dimension and proportion of the existing development while facilitating retail and civic uses and diversity of residential offerings. 7.4.3.1 Permitted Uses The uses of the underlying district are permitted, to the extent that the performance standards are met. In addition to the permitted uses of the underlying district, the following uses are permitted within the 78 District boundary: A. Duplex residential, townhouse residential, condominium residential to 12 units per acre development density,provided that this use takes access from a local,public street(i.e. not from a collector or arterial level street)as defined by the adopted Master Thoroughfare Plan. B. Vertical Mixed Use: Upper-story residential use is permitted, provided that the gross floor area of the entire building does not include more than 50 percent residential uses. 7.4.3.2 Performance Standards Any use permitted within the base district of the FM 78 Overlay District, or as permitted in 7.4.3.1 above, shall conform with the following performance standards: A. Lighting and Glare No use or operation shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of • adjacent property. B. Parking Off-street parking shall meet the standards defined in Appendix A. However, shared parking may be utilized within the FM 78 Overlay district provided a Shared Parking Study is prepared and submitted with the Site Plan Application that clearly demonstrates the feasibility of shared parking. The study must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. On-street parking may be utilized and counted toward the parking requirement provided the parking spaces are constructed as a public improvement with street trees and landscaped islands. Such on-street parking shall be located on a public right-of-way immediately abutting the subject property. This strategy shall be reviewed by the City Engineer for compliance with City standards for use of rights-of-way and potential conflicts with utility service. C. Internal Circulation and Connectivity 22 The site plan shall provide for a logical system of internal circulation which minimizes access to adjacent arterial streets. Driveway or alley connectivity shall be provided to all adjacent non- residential properties, regardless if the existing adjacent tracts offer a receiving connection point. Pedestrian connectivity (i.e. sidewalks) shall be provided to adjacent tracts, regardless if the existing adjacent tracts provide a connection point. 7.4.4 Town Center District Overlay Regulations [Reserved] 23 8. Non-Conforming Buildings and Uses 8.1.1 Regulations The lawful use of any building, structure, or land existing on the effective date of this ordinance ( ) may be continued, although such use does not conform with the provisions of this ordinance; provided, however, the right to continue such nonconforming use shall be subject to all of the following regulations: A. Normal repairs and maintenance may be made to a nonconforming 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. B. A nonconforming building or structure shall not be moved in whole or in part, or demolished, unless every portion of such building or structure is made to conform to all regulations of the district in which it is to be located. C. If a nonconforming building or structure is damaged or destroyed to an extent of less than fifty (50) percent of its fair market value by fire, explosion, act of God or the public enemy, then restoration or new construction shall be permitted. If destruction is greater than fifty(50) percent of its fair market value, such building or structure and its use, if repaired or replaced, shall conform to all regulations of the district in which it is located and it shall be treated as a new building. For the purposes of determining cost and fair market value, the following definitions apply: 1. The "cost" of renovation or repair or replacement shall mean the fair market value of all construction materials necessary to accomplish such renovation, repair or replacement, and shall include the total cost of all such intended work. No person may seek to avoid the intent of this subsection by doing such work incrementally. 2. The "value" shall mean either the appraised valuation for property tax purposes,updated as necessary by the increase in the consumer price index since the date of last'valuation, or the valuation determined by a professionally recognized property appraiser. D. A vacant, nonconforming building or structure lawfully constructed before the date of enactment of this ordinance may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one(1)year after the effective date of this ordinance. The use of a nonconforming building or structure lawfully constructed before the date of enactment of this ordinance which becomes vacant after the effective date of this article, may be reoccupied by the use for which the building or structure was designed or intended, if so occupied within a period of one (1) year after the building or structure becomes vacant. All such buildings, after one (1) year of vacancy, shall be converted to a conforming use. Vacant shall mean the absence of characteristic furnishings, equipment, and personnel. The status of utility connections and accounts may be used in determining vacancy. 8.1.2 Change or Expansion Prohibited The nonconforming use of a building or structure may be continued as hereinafter provided: A. The nonconforming use of a building or structure may not be changed to a use which does not conform to the requirements of the district in which it is situated. B. A nonconforming use of a conforming building or structure shall not be extended or expanded into any other portion of such conforming building or structure,nor changed except to a conforming use. If such nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such building or structure or portion 24 thereof shall conform to the regulations of the district in which such building or structure is located. 8.1.3 Continuation of Existing Uses ' The nonconforming use of land existing at the time of the effective date of this article may continue as hereinafter provided: A. A nonconforming 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. B. If a nonconforming use of land, is voluntarily discontinued for a period of one (1) year, any future use of such land shall be in conformity with the regulations of the district in which such land or portion thereof is located. 8.1.4 Abandonment The nonconforming use of a building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when: A. The intent of the owner to discontinue the use is apparent; or B. The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one(1)year; or C. A nonconforming building, structure or land, or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a period of one(1)year; or D. A nonconforming use has been replaced by a conforming use. 8.1.5 Change in District Boundaries Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district, or when the boundaries of districts are changed as the result of annexation of new territory, or changed in the regulations or restrictions of this ordinance, the foregoing provisions relating to nonconforming uses shall also apply to any uses existing therein which may become nonconforming. 8.2 Accessory Uses 8.2.1 General Any accessory use may be permitted provided that it is customarily associated with a primary use that may be permitted by right consistent with this Ordinance. The establishment of such accessory uses shall be consistent with the following standards: A. The accessory use shall be subordinate to and serve a primary use or principal structure; B. The accessory use shall be subordinate in area, extent or purpose to the primary use served; C. The accessory use shall be located within the same Zoning District as the primary use; and D. Accessory uses located in Residential Districts shall not be used for commercial purposes other than Home Occupations in compliance with zoning and other applicable regulations. 8.2.2 Home Occupations 8.2.2.1 General A Home Occupation is that accessory use of a dwelling that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling. The Home Occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential 25 residential character of the dwelling or adversely affect the uses permitted in the District of which it is a part. 8.2.2.2 Home Occupation Types Home Occupations are permitted subject to the occupation meeting the following provisions. A. Be conducted entirely within a dwelling or integral part thereof and have no outside storage of any kind related to the home occupation; B. Be clearly incidental and secondary to the principal use of the dwelling; C. Be conducted only by persons residing on the premises (nonresident employees are not permitted); D. Does not affect the residential character of the dwelling nor cause the dwelling to be extended; E. Deliveries by commercial vehicle occur only between the hours of 8 a.m. and 6 p.m.; F. Create no disturbing or offensive noise,vibration, smoke, dust, odor,heat, glare,unhealthy or unsightly condition,traffic,or parking problem; G. The home occupation shall not result in the off-street or on-street parking of more than two vehicles at any one time not owned by members of the occupant family; and H. Involve no on-site retail sales or services. 8.3 Temporary Uses 8.3.1 Purpose and Applicability Temporary uses, as set forth below, are declared to have characteristics which require certain controls in order to insure compatibility with other uses in the District within which they are proposed for location. The following temporary uses may not be commenced until the applicant obtains a Temporary use Permit from the City Manager or his/her designee. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the approval. The provisions of this Section relating to Temporary Use Permits are adopted in accordance with the Texas Local Government Code Chapter 211. 8.3.2 Criteria for Approval The Temporary Use Permit, if granted, may include conditions placed upon the development of the property. The Director of Development Services shall consider the following, at a minimum, in conjunction with its deliberations for approval or denial of the application and the establishment of conditions: A. Consistency with the Future Land Use Plan. B. Conformance with applicable regulations in this Ordinance and standards established by the regulations. C. Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access and circulation features. D. Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites,to the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use. E. Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health,safety, morals and general welfare. 26 F. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use. G. Protection of persons and property from erosion, flood or water damage, fire,noise, glare and similar hazards of impacts. H. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. I. Adequacy and convenience of off-street parking and loading facilities 8.3.3 Temporary Use Permit Required The following uses may be permitted subject to the issuance of a temporary use permit: A. No permit shall be required for seasonal uses such as pumpkin sales and Christmas tree sales provided such uses operated as part of a school or place of worship. B. Sales Offices and Model Homes are pursuant to the following standards: C. A model home-may be located within any Zoning District provided it is located within the legal subdivision for which lots are being sold. 1. In addition, the sales office occupying the model home shall only market homes within the legal subdivision in which the model home is located. 2. A conditional Certificate of Occupancy to operate the model home as a sales office may be issued, and will expire after 12 months unless it is renewed by the respective business. The burden to demonstrate that the conditions of approval still exists lies with the applicant/owner. There is no limit to the number of extensions that may be applied for and considered. D. Business offices, construction offices or sales facilities where construction of a permanent facility is being diligently completed, provided that the structure is in compliance with all other applicable codes and ordinances. E. Private farmers'markets F. Portable classroom buildings situated on school property, provided that all other applicable codes and ordinances are met. Portable classroom buildings shall be inspected by the Chief Building Official andmay be granted up to a 24 month certificate of occupancy, which may be renewed. The burden to demonstrate that the conditions of approval still exist lies with the owner/applicant, and there is no limit to the number of extensions that may be applied for and considered by the City Council. G. General Outdoor Storage 27 9. Fence, Screening, and Exterior Design Standards 9.1 Fence requirements The erection of a fence is not mandatory,with the following exceptions in which it is required: A. As required to enclose a swimming pool area; B. As required to enclose a day care center play area; C. As required by other applicable sections of this Ordinance. Fences that are constructed shall comply with the following regulations: 9.1.1 Fence location A. Fences may be built on or along property lines in all districts. Fences may be installed within a residential district on the property line at a corner lot adjacent to a public street, provided there is no visual impairment of motorists and pedestrians, provided there is a visual triangle clearance of a minimum of thirty(30) feet, and provided there is no interference with utility and/or drainage easements. B. Fences may be built across other areas of private property,provided that the fence is not taller than any intersecting fence,and in no case taller than seven feet(7')in total height. C. Fences cannot cross onto any public or private property and may not block access to any fire hydrant or utility meter. 9.1.2 Maintenance A. The owner or person in control of any property adjacent to any intersection where a traffic control device is erected shall not permit any vegetation, fences or other structures to obstruct any such intersection. B. Any vegetation, fence or other structure in excess of twenty-four (24) inches above the roadway within the visibility triangle is hereby declared to be a public nuisance and a traffic hazard. In the event the developer, owner, tenant, lessee or agent fails to remove or remedy the condition within ten (10) days after notice has been served by the Code Enforcement Officer or other duly appointed officer of the city, the city may do as necessary to remove or remedy the condition or cause same to be done, may issue a citation for violation of said offense and may charge the expense incurred in removing the violation to the developer, owner,agent or lessee of the subject lot or parcel. C. The owner or person in control of the property must maintain the integrity of the fence and the space between the fence and property line 9.1.3 Fence height A. Fences constructed in front yard must be 3' or shorter; however, fences in the front yard may be increased by 1'if it is decorative and is less than 60%opaque. B. Fences in all other yards may not exceed seven feet(7')in total height. 9.1.4 Building materials A. Fences must be built of wood,metal,bricks,or masonry. B. Only two or less materials may be used to construct a fence. C. Wood fences should be rot resistant. D. The use of barbed wire, electrically charged wire, chain link with slats, razor wire or other sharp-edged surfaces on fences within residential zoning districts is prohibited. ,E. Finished sides of fence posts must face opposite private or public property. 28 9.2 Screening Of Mechanical Equipment, Trash Storage Areas, and Loading and Service Areas 9.2.1 Mechanical Equipment and Trash Storage Areas All mechanical equipment, trash storage areas, and satellite dishes shall be fully screened from public view. This shall include equipment mounted on the roof, ground or otherwise attached to the building or location on the site. The following standards shall be met: A. Mechanical Equipment Screening 1. Ground Mounted Mechanical Equipment—Mechanical equipment and similar items shall be fully screened from public view to a height equal to or greater than that of the mechanical equipment with a masonry screening wall constructed of like and similar materials to those of the primary structure. 2. Roof-Mounted Equipment a. Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on four sides to a height equal to or greater than that of the mechanical equipment. b. Said screen shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure. c. Portions of elements that extend more than five feet (5') above the roof elevation shall be set back one foot (1') of height for every one foot (1') of height they exceed the roof elevation. B. Trash Receptacle Screening 1. Trash receptacles shall not be placed in a street yard. 2. Trash receptacles shall be fully screened by an eight-foot (8') screen constructed of masonry materials of like and similar materials to those of the primary structure on three (3)sides and an opaque gate on one(1) side. 9.2.2 Loading and Service Areas A. Loading and service areas shall be located at the side or rear of the primary structure. B. A minimum eight-foot (8') solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of- way. The screening wall shall also be provided adjacent to any property zoned or planned for residential use as specified by the City's Future Land Use Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of masonry materials that are of like and similar materials to those of the primary structure. Screening walls constructed to meet other provisions of this Ordinance (i.e. buffering and landscaping requirements)may be counted toward this requirement provided that the screening walls meet the minimum standards of this Paragraph B. C. The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required. 29 9.3 Exterior Design Requirements 9.3.1 Exterior Building Materials A. Buildings Requiring Masonry on All Sides—All buildings constructed in the Cl, C2, C3, and PF zoning districts and all buildings within any residential zoning district that are used for community facility uses shall have all exterior walls clad in brick, stone, stucco, tile, cultured stone or split faced block for one hundred percent (100%) of the wall area, exclusive of all windows, doors,roofs, glass construction materials,or sidewalk and walkway covers. B. Buildings Requiring Masonry Along Street Frontage Only—All buildings constructed in the C2R, C3R, C-2, and C2G zoning districts shall have exterior walls fronting on any street clad in brick, stone, stucco, tile, cultured stone or split faced block for one hundred percent (100%) of the wall area, exclusive of all windows, doors, roofs, glass construction materials or sidewalk and walkway covers. 9.3.2 Exterior Architectural Elements The following architectural elements shall apply to all buildings constructed in the Cl, C2, C3, and PF zoning districts for elevations that front on any street. A. Windows 1. Windows shall be provided with trim. 2. Windows shall not be flush with exterior wall treatment. 3. Windows shall be provided with architectural surround at the jamb. 4. Total transparent windows shall comprise a minimum of twenty percent (20%) of the gross square footage of the exterior building elevation or a transparent opening shall be provided every fifteen feet (15') as measured from jamb to jamb or the edge of the building. 5. Windows shall not exceed thirty-five feet (35') as measured vertically along the building elevation. 6. Glass curtain walls are prohibited. Glass shall not comprise more than seventy percent (70%)of the exterior building skin for any given elevation. B. Entryways—Entryways shall be recessed a minimum of five feet(5'). C. Canopies 1. Canopies shall be required over all entries and windows. 2. Canopies shall be constructed of marine fabric or by approval of the Planning and Zoning Commission. 3. Canopies shall be discontinuous. 4. Canopies must provide a minimum vertical clearance of eight feet (8') above sidewalks and pedestrian circulation areas. D. Vertical and Horizontal Articulation 1. The building design must provide for vertical and horizontal articulation. Said articulation may be achieved through the use of architectural elements such as reveals and shall address the visual impact of long uninterrupted walls. No uninterrupted length of any façade shall exceed one hundred feet (100'). A minimum of two (2) of the following elements must be included: a. Variation in color and materials; 30 b. Wall plane projections or recesses having a depth of at least three percent (3%) of the length of the façade and extending a minimum of twenty percent (20%) of the length of the façade not to exceed one hundred feet(100'); c. Variation of a minimum of two feet (2') in height of parapets. Variation to parapet height may include pilasters and projected raised entrance features; 1. Pilasters projecting from the plane of the wall by a minimum of sixteen inches (16"). The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged; 2. Repetitive ornamentation including decorative applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of fifty feet (50'). d. Exposed Columns (Structural or Decorative) — Exposed columns shall be constructed or clad with a material that is of like and similar material to that of the primary structure. E. Roofs 1. Pitched Roofs —Pitched roofs shall have a minimum slope of seven (7) feet of rise for every twelve (12) feet of run (7:12). Installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of thirty(30)years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval of the Chief Building Official, or his/her designee. 2. Flat Roofs — Building walls shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height to fully screen the roof and any mechanical equipment located on the roof. 3. Pump islands and canopies for uses selling gasoline shall be set back a minimum of twenty-five(25) feet from any street right-of-way. J. F. Plaza or Public Space 1. Projects in the Cl, C2, C3, C4 and PF zoning districts that involve a gross floor area in excess of forty thousand(40,000) square feet shall provide one(1) square foot of plaza or public space for every ten (10) square feet of gross ground floor area. Plazas or public spaces shall incorporate at least three(3)of the following five(5) elements: a. Sitting Space— a minimum of one (1) sitting space for each two-hundred and fifty square feet shall be included in the plaza. Seating shall be a minimum of sixteen (16) inches in height and thirty (30) inches in width. Ledge benches shall have a minimum depth of thirty(30)inches. b. A mixture of areas that provide shade. c. Trees in proportion to the space at a minimum of one(1)tree per eight hundred (800)square feet. d. Water features or public art. e. Outdoor eating areas or food vendors. 31 10. Outdoor Display and Storage 10.1 General Outdoor display and storage shall be allowed in Non-Residential Districts in accordance with this Section. Any merchandise,material or equipment situated outdoors in Non-Residential Districts shall be subject to the requirements of this Section. For the purpose of this Section, outdoor storage and display shall be classified into three categories enumerated in Section 10.2. 10.2 Allowed Outdoor Storage Table The three types of storage shall be allowed in the Districts designated in the Table below. Table 1: Permitted Outdoor Display&Storage Table '�;Y'r?As�ai::a"."".`2 � i� .'�v,u .��n�,;r ,2�i.•, :vy",of-. - ;.s�;,.w ��:r1��:;:� a '«ty°x:;:,4a�;. .i��.:,... �'v PRI Outdoor Display X X X X Limited Outdoor Storage X X X X General Outdoor Storage X X X X 10.3 Categories of Outdoor Storage and Display 10.3.1 Outdoor Display A. Outdoor display is display of items actively for sale. B. Outdoor display, which is associated with the primary business on the site, shall be allowed adjacent to a principal building wall, and may not extend into the right-of-way, and may only extend a distance no greater than 5 feet from the wall. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building. C. Outdoor display may not occupy more than 30 percent of the linear distance along any principal building wall. D. Items displayed must be brought in to an enclosed structure at the close of business day, with the exception of large items exceeding six(6) feet in any dimension. 10.3.2 Limited Outdoor Storage A. Limited outdoor storage is temporary storage of goods in individual packaging and not in storage containers. Organic materials stored on pallets are considered limited outdoor storage. B. Limited outdoor storage shall not exceed 1,000 square feet or 10 percent of the total site area (whichever is greater), except in the C3 and C4 Districts where additional outdoor storage and display is allowed, so long as it is completely screened from view outside the site by a solid opaque wall or fence at least 6 feet in height, and no more than 7 feet in overall height. Items stored may not protrude above the height of the fence. Such area may extend from the primary building,but not for a distance greater than 50 feet.. C. No limited outdoor storage shall be permitted within the following areas: 1. A required front or side setback; 2. Between a front setback and the building front; and 3. Between a side setback along a public right-of-way and any building or structure. 4. Within the public right-of-way or fire access lane. D. General outdoor storage may not occupy more than 30 percent of the linear distance along any principal building wall facing a public right-of-way. 32 Limited outdoor storage shall not be allowed in off-street parking spaces. 10.3.3 General Outdoor Storage A. General outdoor storage consists of all remaining forms of outdoor storage not classified as outdoor display or limited outdoor storage, including items stored in shipping containers, conexes, and semi trailers not attached to a truck. B. General outdoor storage is permitted only subject to a Temporary Use Permit, Section 6.8. C. Notwithstanding additional conditions of the Temporary Use Permit, general outdoor storage shall be allowed in unlimited quantity, provided that the storage area is screened from any public right-of-way by an seven foot tall (in overall height) wall for general screening made of materials that include, but are not limited to planting screens, masonry, redwood, cedar, preservative treated wood or other acceptable materials. D. No general outdoor storage shall be permitted within the following areas: 1. A required front or side setback; 2. Between a front setback and the building front; and 3. Between a side setback along a public right-of-way and any building or structure. 4. General outdoor storage may not occupy more than 30 percent of the linear distance along any principal building wall facing a public right-of-way. 5. No general outdoor storage shall be allowed in off-street parking areas. 10.3.4 Outdoor Display and Storage Requirements 10.3.4.1 Required to show in Site Plan All outdoor display and storage areas must be clearly shown in the Site Plan submitted for the property. 10.3.4.2Right-of-Way Unless specifically authorized elsewhere in the City's ordinances, all outdoor storage and display shall be located outside the public right-of-way and/or at least 15 feet from the back edge of the adjacent curb or street pavement and outside of any required landscape area. 10.3.4.3Side Yards No form of outdoor display and storage shall be allowed in required side setbacks or buffer yards. 10.3.5 Exceptions A. Vehicles for sale as part of a properly permitted vehicle sales use (including boats and manufactured housing) shall not be considered merchandise,material or equipment subject to the restrictions of this Section. B. Such vehicles must be located and displayed on a paved vehicle use area, clearly indicated on the Site Plan, and screened under the same requirements for a parking lot. C. Waste generated on-site and deposited in ordinary refuse containers shall not be subject to the restrictions of this Section. 33 11. Off-street Parking and Loading Requirements 11.1 General 11.1.1 Applicability 11.1.1.1New Development The off-street parking and loading standards of this Section apply to any new building constructed and to any new use established. 11.1.1.2Expansions and Alterations The off-street parking and loading standards of this Section apply when an existing structure or use is expanded or enlarged. Additional off-street parking and loading spaces will be required to serve the entire building or use. The number of off-street parking and loading spaces provided for the entire use (preexisting + expansion) shall equal at least 100 percent of the minimum requirement established in the Off-Street Parking Requirements table in Section 11.2. 11.1.2 No Reduction Below Requirement Existing parking and loading spaces may not be reduced below the requirements established in this Section. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this Chapter unless parking and loading spaces are provided in accordance with the provisions of this Section. 11.2 Off-Street Parking Requirements The following table lists minimum off-street parking requirements by use. In instances in which the listed use differs from the uses of Table 1 of the Zoning Ordinance, the Zoning Administrator shall determine the appropriate classification for this table. Table 1: Off-Street Parkins Requirements Use I General Requirement Additional Requirement Residential Uses SF;detached 2 per dwelling unit 2 garage enclosed parking spaces SF;zero lot line 2 per dwelling unit 2 garage enclosed parking spaces SF;attached 2 per dwelling unit 2 garage enclosed parking spaces Townhouse 2 per dwelling unit 2 garage enclosed parking spaces Apartment 1.5 per 1-bedroom unit 2 per 2- bedroom unit 2.5 per 2+bedroom Additional 5 percent of total number unit of required spaces Upper story residential 1 per bedroom Group homes of six or less 1 per bedroom 10%of general requirement 34 Use General Requirement Additional Requirement Group homes of more than six 1 per 2 bedrooms 1.5 per 2 employees persons All other Group Living 1 per 2 bedrooms 1.5 per 2 employees Public and Civic Uses Day Care refer Section 8.3 On-site loading/unloading queue 3 per classroom,plus capacity for 40 vehicles;OR Elementary Schools auditorium/gymnasium/outdoor provision of a study that sports venue requirement demonstrates that the peak demand can be met with the configuration provided. On-site loading/unloading queue 3 per classroom,plus capacity for 30 vehicles;OR Middle Schools auditorium/gymnasium/outdoor provision of a study that sports venue requirement demonstrates that the peak demand can be met with the configuration provided. On-site loading/unloading queue 10 per classroom,plus capacity for 20 vehicles;OR High Schools auditorium/gymnasium/outdoor provision of a study that sports venue requirement demonstrates that the peak demand can be met with the configuration provided. All other Educational Facilities 20 per classroom Auditorium/Gymnasium 1 per 2.5 seats seating capacity Outdoor Sports Venue 1 per 4 seats seating capacity Government Facilities 1 per 250 ft2 GFA 1 per fleet vehicle Hospitals 1 per 4 patient beds Community Parks varies Parking requirement based on uses in park;must be reviewed and approved by Zoning Administrator Amenity Centers 1.5 per 250 ft2 GFA Linear Parks/Linkages Parking requirement based on Trailheads uses in park;must be reviewed and varies approved by Zoning Administrator Golf courses and Country 4 spaces per hole 1.5 per 250 ft2 GFA of accessory clubs use structures Cemeteries,Columbaria, 1 per 50 internment plots Mausoleums,Memorial (cemeteries and memorial parks);1 Parks,and Crematoria per 350 ft2 GFA(mausoleum and crematorium) Funeral Home 1 per 100 ft2 GFA Minimum of 20 spaces 35 Park and Ride Facility determined by transit authority All other Passenger Terminals 2 per 250 ft2 GFA Religious Assembly 1 per 3 seats Use General Requirement Additional Requirement Wireless Transmission Facilities none Major Utilities 1 additional per 250 ft2 GFA;1 per 1 per facility fleet vehicle Minor Utilities none Commercial Uses Eating Establishments 1 per 100 ft2 GFA(includes any outdoor seating and waiting areas) Entertainment,Outdoor 1 per 250 ft2 GFA structural area 1 per two seats Office 1 per 250 ft2 GFA Medical Office Building 1 per 200 ft2 GFA Bed and Breakfast 1 per bedroom 1.5 per 2 resident owners All other Overnight 1.5 per 2 employees;1 per 150 ft2 Accommodation 1 per bedroom conference space Parking,Commercial none Indoor entertainment activities 1 additional per 500 ft2 GFA up to 1 per 250 ft2 GFA or, 1 per 4 seats for 50,000 ft2 GFA; 1 per 1000 ft2 theaters thereafter,excluding theaters Equipment sales and leasing 1 per 250 ft2 GFA 1 additional per 500 ft2 GFA up to 50,000 ft2 GFA Shopping Centers larger than 100,000 ft2 1 per 225 ft2 GFA All other Retail Sales and 1 per 250 ft2 GFA Service Self-Service Storage 1 space per 50 storage units Car wash,full service Shall meet off-street stacking 1 per 150 ft2 GFA space requirements from this Section. Car wash,self-service Shall meet off-street stacking 1 per facility space requirements from this Section. Vehicle repair and body Shall meet off-street stacking shop facilities 2 per service bay space requirements from this 36 Section. Auto service facilities Shall meet off-street stacking 2 per service bay space requirements from this Section. Vehicle sales,rental or leasing 1 per 500 ft2 GFA indoor facility 1 additional per 1000 ft2 GFA facilities outdoor lot area All other Vehicle Sales and 1 per 250 ft2 GFA 5 per service bay Service Industrial Uses Use General Requirement Additional Requirement Light Industrial Service, 1 additional per 1000 ft2 GFA Manufacturing,and Assembly 1 per 500 ft2 GFA indoor facility, outdoor facility; 1 per 2,500 ft2 except indoor storage indoor storage area Warehouse and Freight 1 additional per 1000 ft2 GFA Movement 1 per 500 ft2 GFA indoor facility, outdoor facility; 1 per 2,500 ft2 except indoor storage indoor storage area Mineral Extraction 1 per 300 ft2 GFA indoor facility 1.5 per 2 employees Waste-Related Service 1 additional per 1000 ft2 GFA 1 per 250 ft2 GFA outdoor facility; 1 per 2,500 ft2 indoor storage area 11.3 Alternative Parking Plan and Shared Parking 11.3.1 Alternative Parking Plan An alternative parking plan may be approved by the Zoning Administrator for specific developments that are deemed to require a different amount of parking than the standards shown in the Off-Street Parking Requirements table.The Zoning Administrator shall establish conditions necessary to insure the adequacy of future on site parking when approving an alternate parking plan. Any alternative standard shall meet the criteria below. A. The use of the building is specific and occupied by a single user. B. The applicant provides a detailed breakdown of his or her parking requirements indicating employee counts, shift distribution and visitor or customer needs. C. The applicant provides a site plan showing how additional parking to meet standard requirements would be provided if the use changed or parking needs increase. 11.3.2 Shared Parking Required parking for one use may satisfy the requirements for another use if the non-residential uses have different peak hour parking needs and the following: A. The following documentation shall be submitted to the City as part of the review process if requesting shared parking: 37 i. The names and addresses of the uses and the owners or tenants that are sharing the parking; ii. The location and number of parking spaces that are being shared; iii. An analysis showing that the peak parking demands for the different uses occur at different times and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking time; iv. A legal instrument such as an easement that guarantees access to the joint parking for all uses; v. A shared parking agreement executed by all the users and the owner of the property proposed to be used for parking; and vi. The agreement shall be notarized and recorded, with a provision that the consent of the City must be obtained for termination of the agreement. D. In the event of the termination of an existing shared parking agreement, a new shared parking agreement shall be executed within sixty (60) days prior to termination. If a new shared parking agreement is not executed, then documentation shall be submitted to the Zoning Administrator supporting that the uses on all affected properties meet their respective parking requirements. This process of amending a shared parking agreement applies to all existing parking agreements impacted by sale, change of use, or expansions on any affected property. 11.3.3 Alternative Agreements In limited cases, off-site parking agreements, reciprocal access, and parking agreements may be approved by the Zoning Administrator. 11.4 Rules for Computing Requirements The following rules apply when computing off-street parking and loading requirements. 11.4.1 Multiple Uses Lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses. 11.4.2 Fractions When measurements of the number of required spaces result in a fractional number, any fraction of 1/2 or less will be rounded down to the next lower whole number and any fraction of more than %z will be rounded up to the next higher whole number. 11.4.3 Area Measurements Unless otherwise expressly stated, all square-footage-based parking and loading standards shall be computed on the basis of gross floor area, which for purposes of computing off-street parking requirements, shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include the area of each floor of the structure including all attic space used for active commercial space. 11.4.4 Occupancy-Based Standards For the purpose of computing parking requirements based on employees, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum 38 enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces. 11.4.5 Unlisted Uses Upon receiving a development application for a use not specifically listed in the Off-Street Parking Requirements Table,the Zoning Administrator shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with an Alternative Parking Plan,as described in Section 1.3, above. 11.5 Location of Required Parking Except where an alternative parking plan has been approved by the Zoning Administrator, all required off-street parking spaces shall be located on the same lot as the principal use. 11.6 Parking Space and Parking Lot Design 11.6.1 Parking Space Dimensions Required off-street parking spaces shall have minimum dimensions of 9 feet in width by 18 feet in length. 11.6.2 Aisle Widths Drive aisle widths adjoining off-street parking spaces shall comply with the following standards: Table 2:Minimum Width for Specified Parking(in feet) 90° 75° 60° 45°or less 26 23 16 12.5 Note:Two-way aisles shall always require a minimum width of 26 feet. 11.6.3 Markings A. Each required off-street parking space and off-street parking area shall be identified by surface markings at least 4 inches in width. Markings shall be visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking and storage of vehicles. B. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. 11.6.4 Surfacing and Maintenance All off-street parking areas, drive aisles, internal roadways, and loading areas for all uses shall be paved and kept in a dust-free condition at all times. The use of pervious and/or semi-pervious materials is permitted provided the areas are kept in a dust free condition at all times. 11.6.5 Access and Circulation A. Required parking spaces shall not have direct access to a street or highway. Access to required parking spaces shall be provided by on-site driveways. Off street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way. 39 B. Site Plans for retail developments greater than a cumulative 50,000 gross square feet shall designate a primary vehicle circulation route entering and exiting the development. C. Landscape median islands or end islands shall be immediately adjacent to the primary vehicle circulation route for the entire length of the route(excluding pedestrian access and the face of primary buildings). D. Parking is not permitted along primary vehicle circulation routes in order to not cause overflow stacking onto rights-of-way and primary circulation routes. Parking is not permitted adjacent to the entire elevation of a building which includes the primary pedestrian access in order to not cause internal circulation conflicts. 11.6.6 Tandem Parking Tandem parking in the Multifamily Districts shall be permitted only when it is located in front of a garage, which is attached to a dwelling unit and the tandem space is assigned only to the dwelling unit to which the garage is attached. 11.7 Use of Required Parking Spaces A. Required off-street parking areas shall be used solely for the parking of licensed, motor vehicles in operating condition. Required spaces may not be used for storage of trash dumpsters, the display of goods for sale or lease, for motor vehicle repair or service work of any kind, storage of vehicles, boats, motor homes, campers, mobile homes, or building materials, or for display or storage of vehicles for lease, sale or rent. B. Recreational vehicles shall not be stored on any lot or street other than a residential lot of the owner or a site specifically designed for Vehicle Parking. 11.8 Vehicle Stacking Areas 11.8.1 Minimum Number of Stacking Spaces Off-street stacking spaces shall be provided as indicated in the following table. Table 3: Minimum Off-Street Stacking Spaces Activity Type Minimum Spaces Measured Form Bank teller lane 4 Teller or Window Automated teller machine 3 Teller Restaurant drive through 6 Order Box Restaurant drive through 4 Order Box to Pick-Up Window Auto service facility stalls; vehicle repair and body 2 Entrance to stall shop stalls Car wash stall,automatic 4 Entrance to wash bay Car wash stall,self-service 3 Entrance to wash bay Gasoline pump island 2 Pump Island Other Determined by Zoning Administrator 11.9 Design and Layout Required stacking spaces are subject to the following design and layout standards. 40 A. Size. Stacking spaces shall be a minimum of 10 feet by 20 feet in size. B. Location. Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces. 11.10 Parking and Storage of Large Vehicles and Equipment Outdoor storage or overnight outdoor parking of tractor-trailers, semi-trucks, semi-trailers, or other vehicles having a gross vehicle weight rating of 17,000 pounds or more, shall not be permitted in any residential district or in the C-1, C-2, C-3 or C-5 zoning districts. This prohibition shall not apply to pick- up trucks, or personal recreational equipment. Construction equipment shall not be stored on lots in residential or commercial districts except during the period of permitted construction. Screening from public rights-of-way or lower intensity residential uses shall be required in multifamily developments for areas designated or available for parking and storage of recreation vehicles,boats, small trailers and other non-commercial equipment. Such screening shall consist of permanent material such as concrete,masonry,wood, steel, etc. 11.11 Off-Street Loading 11.11.1 No Use of Public Right-of-Way At no time shall goods be loaded or unloaded from the right-of-way of a collector or arterial street. No part of any vehicle shall be allowed to extend into the right-of-way of a collector or arterial street while being loaded or unloaded. 11.11.2 Site Plan Required Plans for location, design and layout of all loading spaces shall be indicated on required site plans. Loading space size shall be based on need and in accordance with standard engineering requirements as determined by the Zoning Administrator. 11.12 Driveways Driveways shall be constructed in accordance with the following table: Width of Access Use Classification Standard Minimum Access Width One car garage 16 feet Single Family Residential Two car garage 25 feet Three car garage 32 feet Two Family Residential Two,one car garages 25 feet Two,two car garages 40 feet Recommended 3o feet Commercial(two-way drive) Minimum 25 feet Maximum(up to 175'frontage) 35 feet Maximum(greater than 175'frontage) 52 feet Recommended(Ingress) 18 feet Commercial(one-way drive) Recommended(Egress) 18 feet Minimum 16 feet Maximum 25 feet 41 12. Wireless Transmission Facilities, Small-Scale Wind Energy Conversion Systems, Solar Arrays [reserved] 42 13. Site Plan Review 13.1 Purpose This Section establishes a review process for non-residential and multi-family developments. The purpose is to ensure that a development project is in compliance with all applicable City ordinances and guidelines prior to commencement of construction. 13.2 Site Plan 13.2.1 Approval Process A Site Plan shall be required for development within any nonresidential district or use and any multi- family residential district or use. The approval process for a Site Plan shall generally be reviewed by the City Planner and City Engineer with recommendation to the Planning and Zoning Commission, for their final consideration. For the purposes of this Zoning Ordinance,the term"required plan(s)"is intended to refer to any of the plans specified in this Zoning Ordinance, as applicable. 13.2.2 Application Completeness Applications for any required plan must include all required information listed here and all such required information must be submitted in order for a Site Plan application to be considered complete and to be accepted for official submission by the City. A. An application for a Site Plan with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property; B. Application fee as established on the City schedule of fees; C. (Verification that all taxes and assessments on the subject property have been paid; D. Copies of the Site Plan, including all information specified by this ordinance, on 24" x 36" sheet(s) drawn to a known engineering/architectural scale that is large enough to be clearly legible and other required information, the quantity of which shall be determined by the City Secretary, or his/her designee; E. General layout for the required public improvements (water, wastewater, grading/storm drainage, streets, water quality, fire lanes and hydrants, screening and landscaping, etc.), the quantity of which shall be determined by the City Secretary, or his/her designee; F. Reduced copies (11" x 17") of the site plan as required by the City Secretary, or his/her designee; G. Landscaping and irrigation plans, the quantity of which shall be determined by the City Secretary,or his/her designee; and FL Any additional information/materials (such as plans, maps, exhibits, legal description of property, information about proposed uses, etc.) as deemed necessary by the City Planner, or designee,in order to ensure that the development request is understood. 13.2.3 Supplemental Requirements A. The city may require other information and data for specific conditional use permit applications. This data may include but is not limited to geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, and similar information. B. Approval of a site plan and architectural elevations as required by this ordinance may establish conditions for design and construction based upon such information. 43 13.2.4 Pre Application Conference Prior to formal application for approval of a required site plan, the applicant(s) should consult with the City's Development Review Committee in order to become familiar with the City's development regulations and the development process. At the pre-application conference, the developer may be represented by a land planner, engineer,surveyor,and/or other qualified professional. 13.2.5 Applicability Submission and approval of a General Site Plan shall be required for development as follows: A. For new development within any nonresidential district or use and any multi-family residential district or use. B. For any increase in an existing non-residential or multi-family structure that is greater than twenty(20)percent of an existing building square footage; or C. For that portion of a single-family residential development that contains a private amenity or facility-i.e. recreation center,park,horse stable, etc. 13.2.6 Building Permit and Certificate of Occupancy No building permit shall be issued until a Site Plan, as required, and all other required architectural/engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the approved Site Plan and architectural/engineering/construction plans,as approved by the City. 13.2.7 Extent of Area That Should Be Included In a Site Plan When the overall development project is to be developed in phases,the area included within the Site Plan shall include only the portion of the overall property that is to be developed/constructed. 13.3 Application Requirements 13.3.1 Responsible Official The City Manager or designee shall be responsible for processing a site plan application. 13.3.2 Contents An application for approval of a site plan shall contain the following information and documents: A. An application for a Site Plan with notarized signatures of the owner or their designated representative if the applicant is not the owner of the subject property; B. Application fee as established by the city; C. Verification that all taxes and assessments on the subject property have been paid (Certified Tax Certificate); 44 D. Copies of the plan(s) and elevations, including all information specified by this ordinance on 24" x 36" sheet(s) drawn to a known engineering and/or architectural scale respectively, that is large enough to be clearly legible and other required information, the quantity of which shall be determined by the city. E. Reduced copies (11" x 17") of the required plan(s) and a CD containing all plans and elevations in AutoCAD and PDF file formats. F. Any additional information/materials (such as plans, maps, exhibits, legal description of property, information about proposed uses, etc.) as deemed necessary by the city in order to ensure that the development request is understood. G. General Site plan review and evaluation by the City Planner, or designee, shall be performed with respect to the following: 1. The plan's compliance with all provisions of the Zoning Ordinance and other ordinances of the City. 2. The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood. 3. The relationship of the development to adjacent uses in terms of harmonious design, façade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts. 4. The provision of a safe and efficient vehicular and pedestrian circulation system. 5. The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged. 6. The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire fighting and emergency equipment to buildings. 7. The coordination of streets so as to arrange a convenient system consistent with the Thoroughfare Plan of the City, as amended. 8. The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design. 9. Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties. 10. The location,size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses. 11. Protection and conservation of soils from erosion by wind or water or from excavation or grading. 12. Protection and conservation of watercourses and areas that are subject to flooding. 13. Provision of the adequate capacity of public or private facilities for water, sewer, paved access to and through the development, electricity, storm drainage, and adequate traffic management. 14. Consistency with the Comprehensive Plan of the City, as amended. 15. In approving a Site Plan, the Planning Commission may impose additional reasonable conditions necessary to protect the public interest and welfare of the community. When considering an application for site design and use, the Planning and Zoning Commission may include any or all of the following conditions if they find it necessary to meet the intent and purpose of the standards of this Ordinance: a. Require a maximum increase of up to twenty percent (20%) in the width or required plant materials for perimeter buffer-yards in order to ensure - compatibility between different land uses. 45 b. Require such modifications in the landscaping plan as will ensure proper screening and aesthetic appearance. c. Require plantings and ground cover to be predominant, not accessory, to other inorganic or dead organic ground cover. d. Require retention of significant physical features of a site. Said significant physical features include, but are not limited to: existing stands of trees, protected trees as specified by the City's tree preservation standards, bodies of water,watercourses,floodpla ins and other flood hazard areas, and other natural features. e. Require the modification or revision of the placement, design or remodeling of structures, signs, accessory buildings, etc.to be consistent with the standards of this Ordinance. f. Specify the type and placement or shielding of lights for outdoor circulation, parking, and security. g. Require new developments that produce more than one hundred (100) peak vehicle trips per hour to provide traffic mitigation by means of traffic signals, traffic controls, turning islands, landscaping or any other means necessary to insure the viability, safety, and integrity of existing and proposed thoroughfares,based upon the results of a Traffic Impact Analysis. h. Require pedestrian access, separate pedestrian access ways, sidewalks and protection from rain for pedestrians in new developments. i. Require developments to provide access to improved streets and, where possible, provide access to the lower order street rather than a major collector or arterial street as designated on the Thoroughfare Plan, as amended. H. Submission Requirements for Site Plan Approval 1. A Site Plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas,utilities, etc.). To ensure the submission of adequate information the following information and items shall be submitted with an application for Site Plan approval in addition to any additional specific requirements for the review of Site Plan applications that may be devised and amended from time to time. It shall be the applicant's responsibility to obtain and be familiar with the requirements for Site Plan approval. a. A title block within the upper right hand corner of the concept plan with the proposed name of the project/subdivision; b. The name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the design or survey; c. The scale of the drawing(both written and graphic scale)and north arrow; d. The date the drawing was prepared; e. Total site acreage and the location of the property according to the abstract and survey records of Denton County,Texas; f. A vicinity or location map that shows the location of the proposed development within the City(or its ETJ)and in relationship to existing roadways; g. The boundary survey limits of the tract and scale distances with north clearly indicated; h. The names of adjacent subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads,creeks, etc.; i. The existing uses of the subject property; 46 j. The general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated; k. A generalized circulation plan for the subject property showing the proposed locations and patterns of motor vehicle and pedestrian traffic. Said circulation plan shall contain arrows indicating traffic flow; 1. The existing zoning and existing/proposed uses on adjacent land; m. The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; n. The location, type, size and recording information for any existing easements located on the subject property or within two hundred(200) feet of the subject property. In the event no existing easements have been dedicated,a note to that effect shall be provided; o. The location and building footprints of existing buildings located on the property. Existing buildings shall be noted as to those that are to remain and those that are to be removed; p. Railroad rights-of-way located within two hundred (200) feet of the subject property; q. Topography, including contours at a minimum five-foot interval, with the location of the centerline of existing drainage channels or creeks; r. Any 100-year flood plain as designated on the appropriate Flood Insurance Rate Map (FIRM) located on or within two hundred (200) feet of the subject tract. In the event that a 100-year floodplain is not located on the subject tract or within two hundred (200) feet of the subject tract, a note to that effect must be provided with the reference to appropriate panel number; s. Any significant natural features such as rock outcroppings, caves, wildlife habitats, etc.; t. All substantial natural vegetation; u. Location of Gas/Oil/Water wells or pipelines; v. Location, type, size, and ownership of all existing water and wastewater lines. Said water and wastewater lines shall include all appurtenances - i.e. valves, hydrants; w. Location,type, and size of all drainage and other underground structures; x. Proposed connection to all existing water,wastewater,and drainage systems; y. Adjacent political subdivisions, corporate limits, and/or school district boundaries; z. Proposed strategies for tree preservation proposed strategies for tree preservation in accordance with this Ordinance (showing individual trees or tree masses that will preserved, and the techniques that will be used to protect them during construction); aa. The layout and width (right-of-way lines) of existing and proposed thorou.hfares, collector streets and/or intersections, and a general configuration of proposed streets, lots and blocks, including proposed median openings and left turn lanes on future divided roadways; bb. Existing and planned driveways located within two hundred (200) feet of the subject tract, including those located on the opposite side of divided roadways; cc. The arrangement of land uses and buildings, including but not limited to: 1. Proposed nonresidential and residential densities; 2. Building footprints for each proposed structure; 3. Building heights; 47 4. Building square footages for each proposed structure.For multi-tenant or multi-purpose buildings, show the square footage for each intended use; 5. Building massing and orientation; 6. Location of loading/service areas; 7. Location of recycling containers, compactors, dumpsters and their enclosures; 8. Sidewalks and pedestrian walkways; 9. Parking plan showing the proposed on-site parking stalls with dimensions and driveway aisles with dimensions; 10. Retention/detention ponds with proposed aesthetic treatments; 11. Screening walls; 12. Fences; 13. Signage; 14. Fire lanes with dimensions for fire lane aisles and tum-arounds; 15. A lighting plan for all external lighting demonstrating that the City's lighting standards have been met. Said lighting plan shall include the following: 16. The location and type of all lighting fixtures including the height of all pole lights; 17. A photometric analysis showing the estimated illumination at the property line; 18. The type of illumination fixtures to be utilized; 19. The type and method of shielding proposed; 20. Visibility easements; and 21. Any proposed sites for parks, schools, public facilities, public or private open spaces; dd. A landscape plan meeting the City standards for landscape plans as specified in this Ordinance; ee. An irrigation plan meeting the City standards for irrigation plans as specified in this Ordinance; ff. Building façade (elevation) plans showing the type and color of the exterior materials to be utilized for each building or structure and each screening wall. Said building elevations shall be drawn to a scale of one inch equals twenty feet(1"=20')or any such similar architectural scale; and, gg. All information and illustrations necessary to show the nature and effect of proposed variations to the standards in the zoning district. I. Provision of the above items shall conform to the principles and standards of this Ordinance and the Comprehensive Plan. To ensure the submission of adequate information, the City is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications as well as other administrative rules and policies. Upon periodic review, the City Planner, or designee, shall have the authority to update such requirements pursuant to the Administrative Rules of the Ordinance. It is the applicant's responsibility to be familiar with, and to comply with, these requirements. 48 14. Enforcement and Administration of Regulations 14.1 Certificate of Occupancy A. 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 stating that the building or proposed use thereof complies with the provisions of this ordinance and all other existing building and sanitation ordinances. B. 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. C. 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. D. 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. E. 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. F. 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. 14.2 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. 49 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. 14.3 Penalty and Enforcement 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, upon conviction, be fined not more than two-thousand dollars ($2000.00) per offense. Each day that such violation occurs continues as a separate offense. (Ord. 640) B. 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: 1. Prevent the unlawful erection, construction, reconstruction, alteration,repair, conversion, maintenance,or use; 2. Restrain, correct,or abate the violation; 3. Prevent the occupancy of the building, structure,or land; or 4. Prevent any illegal act, conduct,business,or use on or about the premises. C. 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. D. 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 City Council acting as 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 E. No building permit or certificate of occupancy shall be issued except where the provisions of this ordinance have been complied with. F. No oversight or dereliction 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. G. In interpreting and applying the provisions of this ordinance, they shall be held to the minimum requirements for the promotion of the public health, safety, and/or welfare of the public. 50 H. 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 restriction. 51 Appendix A: Use Definitions 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. Accessory building An enclosed 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, and hobby workshops are examples of accessory buildings. 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. 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. Accessory residential units,Commercial District The residential occupancy of a portion of the principal use, not exceeding one-third of the gross floor area, and is owner-occupied. If intended to serve for security it may include a full kitchen and must comply with all building and fire codes. One additional off-street parking space is required. Accessory residential units,Residential District The residential occupancy of a portion of the principal use, not exceeding one-third of the gross floor area, and is owner-occupied. Commonly referred to as "mother-in-law flat", it may include a full kitchen and must comply with all building and fire codes. One additional off-street parking space is required. Accessory structure An unenclosed structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure. Patios, decks, pergolas, trellises, and swimming pools are examples of accessory structures. Within residential zones the accessory structure or use shall be limited in area as set forth within the underlying zone classification. Accessory use A use that is incidental and subordinate to that of the principal use of a building or land and that is located on the same lot and under the same ownership in all respects. Administrative and business offices Offices or private firms or organizations which are primarily used for the provision of executive, management or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction, and business offices or public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services. Administrative services Offices, administrative, clerical or public contact services that deal directly with the citizens, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal,state,county,and city offices. A-1 Appendix A: Use Definitions Agricultural sales and services Establishments or places of business engaged in sale (from the premises) of feed, grain, fertilizers, pesticides and similar goods or in the provision of agricultural related services with incidental storage on lots other than where the service is rendered.Typical uses include nurseries, hay,feed and grain stores and tree service firms. 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. Alteration Any change,addition or modification in construction,occupancy or use. 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. Amenity center A private facility associated with a specific development that provides social gathering areas, recreational facilities,or other types of common space for the exclusive benefit of residents of the development. 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. 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. Apartment residential The use of a site for three(3) or more dwelling units,within one(1)or more buildings. Artisan sales The manufacture and retail sale of hand-crafted wares such as pottery,jewelry, art, and similar products of craftsmanship. Automotive rentals Rental of automobiles, noncommercial trucks, trailers and recreational vehicles, including incidental parking and servicing of vehicles available for rent or lease. Typical uses include auto rental agencies,trailer rental agencies and taxi cab parking and dispatching. Automotive repair,Major An establishment primarily engaged in the repair or maintenanceof 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. A-2 Appendix A: Use Definitions 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. Automotive sales Sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships and boat, trailer and recreational vehicle dealerships. Automotive washing Washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes. Aviation facilities Landing fields, aircraft parking service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. Subject to site plan review. Basement Any floor level below the first story in a building, except that a floor level in a building having only 1 (one) floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Basic industry A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use utilizing flammable explosive or commonly recognized offensive conditions or materials. 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). Block A tract of land bounded by streets or a combination of streets and public parks,or corporate boundaries of the City of Cibolo. 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. Building Any structure used or intended for supporting or sheltering any use or occupancy. Building code The International Building Code, latest adopted edition, promulgated by the International Code Council,as adopted by the jurisdiction. A-3 Appendix A: Use Definitions Building coverage All areas covered by principal and accessory buildings or roofed areas, as measured along the outside wall at ground level, and including all projections other than open porches, canopies and the first two feet of a roof overhang. 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. Building line The perimeter of that portion of a building or structure nearest a property line,but excluding open steps,terraces,cornices and other ornamental features projecting from the walls of the building or structure. 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. Building maintenance services Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance or window cleaning services. Building, Commercial/Recreation Any building designed for or occupied by, bowling alleys, health clubs, swimming pools, ice skating and billiards. Building,Detached A building,which is surrounded by yards or open space on its building lot. Building,main A building in which the principal use of the site is conducted. 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. 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. Business support services Establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, excluding automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms. A-4 Appendix A: Use Definitions Business or trade school A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit,and not otherwise defined as a home occupation, college or university or public or private educational facility. Campground Campground facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks. Subject to site plan review. 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. Cemetery Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Change of use Any alteration in the primary use of a lot for zoning purposes that may entail the need for additional parking or loading facilities. City The City of Cibolo,Texas. City council The City Council of Cibolo,Texas. Club or lodge A use providing meeting, recreational, or social facilities for a private or non-profit association, primarily for use by members and guests. Typical uses include private social clubs and fraternal organizations. 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. Cluster housing Any dwellings arranged according to an approved site plan in a configuration which may depart from the conventional zoning district lot or yard requirements. A cluster housing development shall be considered a single-use occupying a single lot for zoning purposes. Cocktail lounge A use engaged in the preparation and retail sales of alcohol beverages for consumption on the premises,including taverns,bars,cocktail lounges and similar uses. College and university facilities An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study. A-5 Appendix A: Use Definitions 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. 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. Commercial,recreation Any building designed for or occupied by, bowling alleys, health clubs, swimming pools, ice skating,billiards,etc. 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. 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 cluster of convenience shop or services. 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. 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. Commercial off-street parking Parking of motor vehicles on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use. Typical uses include commercial parking lots or parking garages. 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. Commission The City Planning and Zoning Commission of the City of Cibolo,Texas. A-6 Appendix A: Use Definitions Communications services Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as major utility facilities. Typical uses include television studios, telecommunication service centers or telegraph service offices. 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. 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. 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. Community recreation A non-profit recreational facility for use by residents and guests of a particular residential development or limited residential neighborhood,including both indoor and outdoor facilities. Comprehensive plan The declaration of purposes,policies and programs for the development of the jurisdiction. Conditional use A use or occupancy of a structure, or a use of land,permitted only upon issuance of a conditional use permit and subject to stated conditions required to make the use compatible with other uses permitted in the same zone or vicinity. A conditional use does not require a zoning map amendment(rezoning). Condominium residential A single-dwelling unit in a multi-unit dwelling or structure that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. Construction sales and services Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings to other structures other than retail sale of paint, fixtures and hardware excluding those classified as one of the automotive and equipment services use types.Typical uses included building materials stores,tool and equipment rental or sales or building contractors. Consumer repair services A-7 Appendix A: Use Definitions Establishments primarily engaged in the provision or repair services to individuals and households rather than firms, but excluding automotive and equipment use types. Typical uses included appliance repair shops, watch or jewelry repair or musical instrument repair firms. All incidental storage shall be enclosed. Convalescent services A use providing bed care and in-patient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services, and excluding a facility providing care for alcoholism,drug addition,mental disease,or communicable disease. County Guadalupe County Court A space, open and unobstructed to the sky,located at or above grade level on a lot. Court,Inner A court entirely surrounded by the exterior walls of a building. Court,Outer A court that has 1 (one) side open to a street,alley,yard or other permanent open space. Cultural services A library, museum, art gallery, or similar non-profit use affording display, preservation and exhibition of objects of permanent interest in one(1)or more of the arts and sciences. Custom manufacturing Establishments primarily engaged in the on-site,indoor production and storage of goods by hand manufacturing which involves only the use of hand tools or mechanical equipment not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts. The direct sale to consumers of those goods produced on-site is prohibited.Basic industrial processing activities are excluded. Day care facility A facility for the care of children or adults with resident or nonresident license(s). Day care services,Family A Family Day Care home provides regular care to no more than four children under 14 years of age, excluding children related to the caretaker,and provides care after school hours for not more than six additional elementary school children, but the total number of children, including those related to the caretaker,shall not exceed 12 at any given time. Day care services,Group A Group Day Care home provides regular care for between five (5) and twelve (12) adults or children for less than 24 hours a day. Child nurseries, preschools and adult care facilities are included in this definition. Day care services,Commercial A Commercial Day Care center provides regular care to any number of adults or children for less than 24 hours a day. A-8 Appendix A: Use Definitions Day(s) Shall mean calendar days unless otherwise specified. 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. Detention facilities A publicly operated use providing housing and care for individuals confined by law, as defined by Section 1.07 of the Texas Penal Code. Depth of Rear Yard The horizontal distance between the rear line of the main building and the rear lot line. 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. 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. Duplex residential The use of a site for two(2)dwelling units within a single building. 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. Dwelling unit One (1) 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. 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. 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. 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. Dwelling,Single Family A-9 Appendix A: Use Definitions A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by 1 (one) family. Dwelling,Two-Family A building designed for or occupied exclusively by 2(two)families. 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. Eating and drinking places A retail establishment primarily engaged in the sale of food and drinks for consumption on the premises. Equipment repair services Repair of trucks, tractors, construction equipment, agricultural implements and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services and machine shops,but exclude dismantling or salvage. Equipment sales Sale or rental of trucks,tractors, construction equipment, agricultural implements,mobile homes, similar heavy equipment, including incidental storage, maintenance and servicing. Typical uses include truck dealerships, construction equipment dealerships and mobile home sales establishments. 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. Family day care home: A facility which regularly provides care during part of the twenty-four (24)-hour day to six(6)or fewer children in the dwelling unit of the caretaker. 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, e.g., horses and cattle; medium animals, e.g., sheep and goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys,pheasants,geese,ducks and pigeons. Financial services Establishments primarily engaged in the provision of financial and banking services.Typical uses include banks,savings and loan institutions,loan and lending activities and similar services. Fire lane An access designed for emergency escape from an entrance to a parcel of land or its improvements. Floor area,Gross(GFA) A-1 0 Appendix A: Use Definitions 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. Floor area,Net(NFA) The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities. Food sales Establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries and candy shops. Frontage The width of a lot or parcel abutting a public right-of-way measured at the front property line. Funeral services Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. 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. Garage,Detached A private garage wholly separated and independent of the principal building. Garage,Private A building or a portion of a building not more than one-thousand(1,000) square feet 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 one (1) of the vehicles may be a commercial vehicle of not more than two(2)ton capacity. 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-driven vehicles. General retail sales Sales or rental of commonly used goods and merchandise for personal or household use. Typical uses include department stores, apparel stores, furniture stores, mail order stores or establishments providing the following products. Governing authority Shall mean the City Council of the City of Cibolo,Texas. Grade(adjacent ground elevation) The lowest point of elevation of the existing surface of the ground, within the area between the building and a line 5' (five feet)from the building. A-11 Appendix A: Use Definitions Gross floor area The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage, which excludes attics and underground parking areas. 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 ofcrimes, 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. Group residential The residential occupancy of living accommodations by groups of more than five(5)persons(not defined as a family) on a weekly or longer basis.Typical uses include occupancy of fraternity or sorority houses,dormitories,residence halls,or boarding house. Guidance services A use providing counseling, guidance, recuperative, vocational or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction,family violence or similar conditions,either on a residential or daytime care basis. 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. Hazardous waste storage The holding of hazardous waste for a temporary period,as regulated by the TCEQ. 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. Hazardous waste All dangerous and extremely hazardous waste as defined in Section 70.105.010 (15) RCW, except for moderate risk waste as set forth in Section 70.105.010(17)RCW. Heavy industry An establishment engaged in the manufacture, processing, assembly, compacting, packaging, or compounding and/or treatment of raw materials. Health care offices A use providing consultation, diagnosis,therapeutic,preventative or corrective personal treatment services by physicians, dentists, medical and dental laboratories and similar practitioners of medical and healing arts. 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. A-12 Appendix A: Use Definitions 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. 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 clearly 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. Household pets Dogs,cats,rabbits,birds,etc.,for family use only(noncommercial)with cages,pens,etc. Hospital services A facility providing medical, psychiatric or similar service for sick or injured persons primarily on an inpatient basis including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees or visitors. 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. Hotel-motel Lodging services involving the provision of room and/or board. Typical uses include hotels, motels or transient boarding houses. 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. Impervious surface or cover Any hard surface,man-made area that does not readily absorb or retain water, including but not limited to building roofs,parking and driveway areas, graveled areas, sidewalks and other paved areas. Indoor entertainment Predominantly spectator uses conducted within an enclosed building.Typical uses include motion picture theaters,meeting halls and dance halls. Indoor sports and recreation Uses conducted within an enclosed building. Typical uses include bowling alleys,billiard parlors, ice and roller skating rinks and arcades. 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 A-13 Appendix A: Use Definitions surrounding areas and the general community and to ensure a harmonious integration into the neighborhood. Jurisdiction As used in this ordinance,jurisdiction is the corporate limits of the City of Cibolo. Kennels Boarding and care services for dogs, cats and similar small animals. Typical uses include boarding kennels,pet motels,or dog training centers. 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. Kitchen Any room or portion of a room within a building designed and extended to be used for the cooking or preparation of food. 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, or nuisances. Landscaping The finishing and adornment of unpaved yard areas. Materials and treatment 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. Laundry services Establishments primarily engaged in the provision of laundering, dry cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants,diaper services,or linen supply services. Legislative body The political entity of the adopting jurisdiction. Life care services Retirement housing for the elderly providing residential housing and care for retired, elderly, and/or disabled people including congregate housing with common meals and/or community facilities for social events, community recreation, convalescent services, guidance services, personal services and personal improvement services, or self-contained dwelling units specifically designated for the needs of the elderly,either rented or owner-occupied.To qualify as life care housing or facilities,a minimum of 80%of the total units shall have a household head 55 years of age or greater and no long t-nn or permanent skilled nursing care or related services are provided. A-14 Appendix A: Use Definitions Light manufacturing A use engaged in the manufacture,predominantly from previously prepared materials,or finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and storage, sales and distribution of such products, but excluding basic industrial processing. Limited manufacturing Establishments primarily engaged in the on site, indoor production and storage of goods by hand manufacturing equipment not exceeding two (2) HP of a single kiln not exceeding eight (8) kilowatts. On site retail sale of these products is permitted. Basic industrial processing activities in Section 501 are excluded. Liquor sales Establishments or places of business engaged in retail sale for consumption (off the premises) of alcoholic beverages. Typical uses include liquor stores,bottle shops or any licensed sales for off- site consumption. Livestock Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals. 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). Local convenience store A commercial activity engaged in the sale of commonly used goods and merchandise, including petroleum products, for personal or household use in a structure three thousand (3,000) square feet or less in size. Local utility services Services which are necessary to support principal development and involve only minor structures such as lines and poles which are necessary to support principal development. 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. Lot area The area of a lot between lot lines, including any portion of an easement which may exist within such lot lines,exclusive of any area in a public or private way open to public use. Lot coverage That portion of a lot, parcel or tract covered by the primary structure and inclusive of all area enclosed under a permanent roof including attached and detached garages. Lot coverage includes driveways, sidewalks, accessory buildings, unenclosed porches and patios, similar paved areas, and pools. Lot depth A-15 Appendix A: Use Definitions 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 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 the lot side lines with the curved lot front line. 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 corner lot, the shortest continuous line separating the lot from the street or 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 corner 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. Lot frontage(frontage) The length of that portion of a lot abutting the public (private) street providing principal access to the lot. Lot lines The lines bounding a lot as defined herein. 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. Lot,Rear Line The boundary line which is most distant and opposite from the street 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 45° (forty- five degrees). Lot,Interior A lot other than a corner lot. 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. Lot,Double Frontage A lot having a frontage of 2(two)nonintersecting streets as distinguished from a corner lot. Lot,Through An interior lot having frontage on 2(two)streets. Maintenance and service facilities A-16 • Appendix A: Use Definitions A facility supporting maintenance,repair,vehicular or equipment servicing,materials storage and similar activities, including corporation yards, equipment service centers and similar uses having characteristics of commercial services or contracting or industrial activities. Major utility facilities Generating plants, electrical switching facilities and primary substations, refuse collection or disposable facilities, water and wastewater treatment plants and similar facilities of public agencies or public utility firms having potentially significant impact upon surrounding uses. (Subject to site plan review). Manufactured Home Residential The residential occupancy of HUD-code manufactured homes on small lots owned by residents and are typically meant for more permanent habitation than the following mobile home use. Manufactured housing park Any lot upon which are located 1 (one) or more manufactured homes, occupied for dwelling purposes regardless of whether or not a change is made for each accommodation. Manufactured modular 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. According to the Texas Department of Licensing and Regulation (TDLR), 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. On the decal affixed to the module, a manufacturer certifies that the module is constructed and inspected in accordance with the mandatory construction standards used by the 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 Manufacturing,heavy All other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing. 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. Manufacturing,Medium The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard thatis capable of being screened from neighboring properties,serviced by a modest volume of trucks or other vehicles A-17 Appendix A: Use Definitions Mobile home community/mobile home park 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. Mobile home subdivision A mobile home subdivision is any parcel of land changed,resubdivided or rearranged into 2 (two) or more parts,for the purpose of accommodating the location of mobile homes thereon. 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 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. Mobile home residential. The residential occupancy of mobile homes by families on a weekly or longer basis.Typical uses include mobile home parks or mobile home subdivisions. Mortuary,Funeral Home An establishment in which the dead are prepared for burial 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. 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. Not intended for permanent residence. Multiple-family residential. The use of a site for two (2)or more dwelling units,each in a separate building. 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. Nonconforming lot A lot whose width, area or other dimension did not conform to the regulations when this ordinance became effective. Nonconforming sign A sign or sign structure or portion thereof lawfully existing at the time this ordinance became effective,which does not now conform. 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 district in which it is located. A-18 Appendix A: Use Definitions 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 nonconforming use if established after the passage of this ordinance and not otherwise approved as provided herein. 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." Occupancy The use or intended use of the land or buildings by proprietors or tenants. Off-street parking Space occupied by automobiles on premises other than streets. 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. Outdoor display area An area of designated size used for the display of merchandise or tangible property normally vended with the contiguous business or organization. Outdoor entertainment Predominantly spectator uses conducted in open facilities. Typical uses include sports arenas, racing facilities and amusement parks. Subject to site plan review. Outdoor sports and recreation Uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, racquetball courts and marinas. Outdoor storage The storage of any material, personal or business for a period greater than 24 consecutive hours, including items for sale, lease,processing and repair not in an enclosed building. This definition does not include automobile sales,leasing or rental. Overlay district A district established to prescribe special regulations to be applied to a site in combination with the underlying or base-zoning district. Park A public or private area of land,with or without buildings,intended for outdoor active or passive recreational uses. Parking aisle A-19 Appendix A: Use Definitions The clear space for one-way or two-way traffic movement and maneuvering between rows of parking stalls. 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. Parking lot An open area,other than a street,used for the parking of automobiles. 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. Patio home A detached, single-family unit typically situated on a reduced-sized lot that orients outdoor activity within the rear or side patio areas for better use of the site for outdoor living space. Paved area An area surfaced with asphalt,concrete or similar all weather surfaces,not including gravel. Performance standard Regulations that permit uses based on a particular set of standards of operation rather than on a particular type of use. Performance standards provide specific criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts and visual impact of a use. Permitted use A use which is permitted by right in a district without the need for special administrative review and approval upon satisfaction of the standards and requirements of this Ordinance. 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 both singular and plural, and the masculine shall embrace the feminine gender. Personal improvement services Establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include photography studios, driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction. Personal services Establishments or places of business primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops and self-service laundry or self-service apparel cleaning services. Pet services A-20 Appendix A: Use Definitions Retail sales and grooming of dogs,cats,birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, dog bathing and clipping salons or pet grooming shops. 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. Planned unit development(pud) A residential or commercial development guided by a total design plan in which one (1) 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 accordance with general guidelines. Planning and zoning commission The Planning and Zoning Commission of the City of Cibolo,Texas. Plot plan A plot of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information. Postal facilities Postal services, including post offices, bulk mail processing or sorting centers, operated by the United States Postal Service or private enterprise. Primary educational facilities A public, private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Texas. Principal use The main use to which a premise devoted and the primary purpose for which a premise exists. Principal structure A structure in which is conducted the principal use of the lot on which it is located. 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. Professional office A use providing professional or consulting services in the fields of law, architecture, design, engineering,accounting and similar professions. Prohibited use A use not specifically enumerated as a permitted use, conditional use or nonconforming use. Prohibited uses include, but are not limited to, the enumerated "prohibited uses" within each district of this Ordinance. A-21 Appendix A: Use Definitions Public assembly Publicly owned or operated facilities for major public assembly,recreation, sports, amusement or entertainment, including civic or community auditoriums, sports stadiums, convention facilities, fairgrounds and exhibition facilities. 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. 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. Public use Any use controlled by the City,County, State,Federal or any other governmental entity. Public utility station A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, 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. 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. Quorum A majority of the authorized members of a board or commission. Railroad facilities Railroad yards, equipment servicing facilities, and terminal facilities. (Subject to site plan review.) Rear yard area The total square foot of area as measured from the rear of the main structureon 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. 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. 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. Recreational area,commercial A-22 Appendix A: Use Definitions An indoor and/or outdoor area or structure(s) 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. Recreational vehicle(RV) A vehicular type portable structure without permanent foundation, not more than thirty-feet (35) in length,primarily designed as temporary living quarters for recreational,camping,or travel use, with or without motor power, and occupied in any one(1)place for a period not exceeding thirty (30) days. This includes,but is not limited to,travel trailers,truck campers,camping..trailers and self-propelled motor homes. 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. 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. 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. Rehabilitation center(halfway house) An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles. 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. Research services Establishments primarily engaged in research of an industrial or scientific nature but excludes product testing. Typical uses include electronics research laboratories, space research and development firms,or pharmaceutical research labs. Restaurant-convenience A use engaged in the preparation and retail sale of food and beverages (excluding alcoholic beverages), for on-premise consumption only. Typical uses include soda fountains, ice cream parlors,sandwich shops and coffee shops. Restaurant-general A-23 Appendix A: Use Definitions A use engaged in the preparation and retail sale of food and beverages,including sale of alcoholic beverages when conducted as an accessory or secondary feature and producing less than fifty(50) percent of the gross income. A general restaurant may include live entertainment. Typical uses include restaurants, both full service and fast food, coffee shops, dinner houses and similar establishments with incidental alcoholic beverage service. Restaurant-neighborhood A use engaged in the preparation and retail sale of food and beverages, including the sale of alcoholic beverages when conducted as an accessory or secondary feature and producing less than twenty-five(25)percent of the gross income.A neighborhood restaurant does not include outdoor entertainment. Typical uses include restaurants, both full service and fast food, coffee shops, dinner houses,and similar establishments with incidental alcoholic beverage service. Renovation Interior or exterior remodeling of a structure,other than ordinary repair. 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. Residential use Any use consisting principally of dwelling units. Residential zones Those zones permitting residential uses. 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. Restaurant,general An establishment that sells food for consumption on or off the premises. Restaurant,take-out An establishment that sells food only for consumption off the premises. 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. Safety services Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services. 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). Scrap and salvage services A-24 Appendix A: Use Definitions Places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automotive wrecking yards,junk yards or paper salvage yards.(Subject to site plan review) Secondary educational facilities A public, private or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in a public school of the State of Texas. 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. Service station An establishment for retail sale of petroleum products, automobile accessories and/or minor auto tune-ups. All services provided and all storage supplies, parts, equipment and accessories are indoors. Setback The minimum distance by which any building or structure must be separated from a street right- of-way or lot line. 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. 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. Sign,business A graphic device, which advertises only commodities or services, offered on the premises where such sign is located. 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. 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. Sign pole A-25 Appendix A: Use Defmitions 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. 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. Single-family residential The use of a site for only one(1)dwelling unit. Site plan Refers to a plan, drawn to scale, showing uses and structures proposed for a parcel of land as required by the regulations. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features and the location of utilities. Its purpose is to show how the intended use relates to the site and surrounding area. Solid fence A fence, including solid entrance and exit gates, constructed of solid material, wood or masonry through which no visual images may be seen for viewers in or on adjoining properties, streets, alleys or public rights of way,materials stored and operations conducted behind it. 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. 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. 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. If 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. 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 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. A-26 Appendix A: Use Definitions Street line: The dividing line between the street and the abutting property, normally to the lot property line. 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. 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 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. Street side yard The portion of a yard which abuts the street right of way along the side of the lot extending from the front lot line to the rear lot line. This may also be referred to as a corner yard. Structural alteration Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders;provided,however,that modifications that are of a cosmetic nature shall not be considered a structural alteration. 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. Subdivision: The division of a tract, lot or parcel of land into 2 (two) or more lots,plats, sites or other divisions of land. 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. Temporary construction office A portable building used as an office for construction personnel during construction of a principal building on the premises or during construction of houses in a new subdivision. Temporary real estate sales office A structure or building used as a sales office for the sale of homes in a new subdivision. Temporary use Land uses and/or structures that are needed or are in place for only short periods of time. Theater A-27 Appendix A: Use Definitions A building used primarily for the presentation of live stage productions, performances or motion pictures. 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 and television transmission towers, microwave towers, common-carrier towers,cellular telephl (one) towers,and the like. Townhouse residential The use of a site for two (2) or more townhouse dwelling units, constructed with common or adjacent walls and each located on a separate ground parcel within the total development site, together with or without common area serving all dwelling units. Transportation terminal A facility for loading,unloading,and/or interchange of passengers,baggage and incidental freight or package express between modes of transportation, including bus terminals, railroad stations, airport terminals and public transit facilities. Use Any purpose for which a lot, building, structure or a tract of land may be designated, arranged, maintained or occupied; or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land. Use,change of The change within the classified use of a structure or premise. Variance A deviation from the height,bulk, setback,parking or other dimensional requirements established by this ordinance and the Texas Local Government Code. Vehicle storage Long term storage of operating or non-operating vehicles.Typical uses include storage of private parking tow-aways or impound yards,but exclude dismantling or salvage. Veterinary services Veterinary service for all animals. Typical uses include animal clinics and hospitals. Veterinary services shall not include the boarding of large animals. Warehousing and distribution Establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. The following are wholesaling,storage and use types: A. Convenience storage. Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding use as workshops, hobby shops, manufacturing, or commercial activity. Typical uses include mini-warehousing. A-28 Appendix A: Use Definitions B. General warehousing and distribution. Open-air storage,distribution and handling of materials and equipment. Typical uses include monument or stone yards, or open storage yards. C. Limited warehousing and distribution. Wholesaling, storage and warehousing services within enclosed structures.Typical moving and storage firms and now retail mail and internet order distribution centers. 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. Xeriscape A landscaping method developed for arid and semi-arid climates that uses water-conserving techniques, such as drought-resistant and native plants, mulch, native stone and gravel, and efficient irrigation. 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. 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. 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. 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. Zero lot line home A single-family dwelling that is built directly adjacent to 1 (one)side property line. Zoning district A-29 Appendix A: Use Definitions Any section of the City for which the regulations uniformly govern the use, placement, density, bulk,height and coverage of land and buildings. 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. A-30 • • Appendix B:Use Tables RESIDENTIAL USES P=permitted use C=conditional use Use SF! SF2 SF3 INIF1 MF2 MH1 Mi-12 An accessory building used solely as the temporary dwelling of guests of the occupants of the premises;such dwellings having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. 4.7 The residential occupancy of a portion of the principal use,not exceeding one- third of the gross floor area,and is owner-occupied. Commonly referred to as "mother-in-law flat",it may include a full kitchen and must comply with all building and fire codes.One additional off-street parking space is required. fir. y The use of a site for three(3)or more dwelling units,within one(1)or more buildings. $� F i 1 _ '��+�.f_�g�''�,� ���"� E• ..,C� �$§-"`h sa J �"2u F.y'+ �.rr.?�T� � #'� Ba�.- i S. �L' �`�_ i ` ,.17 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 I week. -'i y - Tai_o:'.� " ,r 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 care facility for children,and boarding home. - __•�..�-Y..s'»s '" sY_ ....m:t',�f4-, ,. � __'��-r.-.. -v�.``...c .rv,.7..- + zs5 A single-dwelling unit in a multi-unit dwelling or structure that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. =e �x 7F� �"` .�} _ :ter 4E-,A4e The use of a site for two(2)dwelling units within a single building. -_nr,s:, kap 3' --....s• '/Sa '.E- i � .'._ -� y. - :}` -.l�k.+-+F.t" .�': �•LCd �`Yf .- The residential occupancy of living accommodations by groups of more than five (5)persons(not defined as a family)on a weekly or longer basis.Typical uses include occupancy of fraternity or sorority houses,dormitories,residence halls,or boarding house. .�•xs1�� W7: t1- - 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 clearly 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. Appendix B: Use Tables RESIDENTIAL USES P=permitted use C=conditional use Use SF1 SF2 SF3 MIFI MF2 MHl MH2 .,-' ?:5».wfw�nc.;s*` -� - :a 4' "Y`r E-..�< - -J �3?wc':� — "�"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. ';;,.. 1";1.;',1,.1 L( 1 i�,f i 6 f `t-5c �- - �? '�-� -. �. �•-.sem..._ ¢'<2i*s ""'�"....:,t-u �� '` _f -�-F-.. �-`�.rrt_ �'.�. '--The residential occupancy of manufactured homes on small lots owned by residents and are typically meant for more permanent habitation than the following mobile home use. The residential occupancy of mobile homes by families on a weekly or longer basis.Typical uses include mobile home parks or mobile home subdivisions. ,2'�➢ rE -` a .,•i v ,. - ,®1,. ti Neu Structures that are constructed in I(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 use of a site for two(2)or more dwelling units,each in a separate building. ':;44-i-174 -a5 �a, � - 5�._: A detached,single-family unit typically situated on a reduced-sized lot that orients outdoor activity within the rear or side patio areas for better use of the site for outdoor living space. , ` y� 'EK:c . _ s` c-' r ° N t SG .,-'' 7i 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. ."s,4{ � 5° S `r'iii'- ,. •.3 The use of a site for only one(I)dwelling unit sKfi.4 et, ' ,. e su � �•y� = f a tea- a .ate _ +'Y `:rsr ?yta„E -r=7. The use of a site for two(2)or more townhouse dwelling units,constructed with common or adjacent walls and each located on a separate ground parcel within the total development site,together with or without common area serving all dwelling units. Appendix B:Use Tables COMMERCIAL USES P pertained use C=conditional use Use Cl C2 C3 C4 11 12 0,t;AE-75,4 4r34: Offices or private firms or organizations which are primarily used for the provision of executive,management or administrative services.Typical uses include administrative offices,and services including real estate,insurance, property management,investment,personnel,travel,secretarial services, telephone answering,photocopy and reproduction,and business offices or public utilities,organizations and associations,or other use classifications when the service rendered is that customarily associated with administrative office services. ". ,z-Aw Establishments or places of business engaged in sale(from the premises)of feed, grain,fertilizers,pesticides and similar goods or in the provision of agricultural related services with incidental storage on lots other than where the service is rendered.Typical uses include nurseries,hay,feed and grain stores and tree service firms. urefigideloexr -r; , • An establishment establishment offering 5(five)or more amusement devices,including,but no limited to,coin-operated electronic games,shooting galleries,table games and similar recreational diversions within an enclosed building. • The manufacture manufacture and retail sale of hand-crafted wares such as pottery,jewelry, art,and similar products of craftsmanship. ; ;s4Z-.40,n;W:TA 44' • Rental of automobiles,noncommercial trucks,trailers and recreational vehicles, including incidental paricing and servicing of vehicles available for rent or lease. Typical uses include auto rental agencies,trailer rental agencies and taxi cab panting and dispatching. ftZ--'.*t7 .4WA--,44;14t1 1.Z.;os 1=7.. Repair of automobiles,noncommercial trucks,motorcycles,motor homes, recreational vehicles or boats,including the sale,installation and servicing of equipment and parts.Typical uses include muffler shops,auto repair garages,tire sales and installation,wheel and brake shops,body and fender shops and similar repair and service activities,but excluding dismantling or salvage. ,s1Wgiw 1.-74WATA: Sale or rental of automobiles,noncommercial trucks,motorcycles,motor homes, recreational vehicles or boats,including incidental storage,maintenance and servicing.Typical uses include new and used car dealerships,motorcycle dealerships and boat,trailer and recreational vehicle dealerships. Veilitrollyes,eiftept . 4 ,j'ftign 7A.1.4:-Igtiegta That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted also to include a freestanding automatic car wash. Appendix B:Use Tables COMMERCIAL USES P permitted use C conditional use Use Cl C2 C3 C4 11 12 -4- - . •. 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 permitted to include automotive repair and maintenance,car wash service,and food sales. Washing and cleaning of automobiles and related light equipment.Typical uses include auto laundries or car washes. L'4,1 Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals.Typical uses include janitorial, landscape maintenance or window cleaning services. 1,MT&; tE. r-% -F2V ?•:!: An establishment intended for the conduct or service or administration by a commercial enterprise,or offices for the conduct of professional or business service. "MAW Establishments or places of business primarily engaged in the sale,rental or repair of equipment and supplies used by office,professional and service establishments to the firms themselves rather than to individuals,excluding automotive,construction and farm equipment Typical uses include office equipment and supply firms,small business machine repair shops or hotel equipment and supply firms. rix'Voigg*W4-Welarttrer eVr24.' r" gfiletwatVONAW-.[,;, 717-i A use providing education or training in business,commerce,language,or other similar activity or occupational pursuit and not otherwise defined as a home occupation,college or university or public or private educational facility tiri.7;1711 1•42-0-z;' Amitimitt- A use engaged in the preparation and retail sales of alcohol beverages for consumption on the premises,including taverns,bars,cocktail lounges and similar uses. Parking of motor vehicles on a temporary basis within a privately owned off- street parking facility,other than accessory to a principal use.Typical uses include commercial parking lots or parking garages. ,'=ittintirftkra*M;10-rar'.-;'; .. 4074 Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as major utility facilities. Typical uses include television studios,telecommunication service centers or telegraph service offices. " -• 4 Appendix B:Use Tables COMMERCIAL USES P=permitted use C=conditional use Use ClC2 C3 C4 11 12 Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale,from the premises,of materials used in the construction of buildings to other structures other than retail sale of paint,fixtures and hardware excluding those classified as one of the automotive and equipment services use types.Typical uses included building materials stores,tool and equipment rental or sales or building contractors. -AWs.;4c3gAgif:4, Establishments primarily engaged in the provision or repair services to individuals and households rather than firms,but excluding automotive and equipment use types.Typical uses included appliance repair shops,watch or jewelry repair or musical instrument repair firms.All incidental storage shall be enclosed. ipft777';'.;}' 37WW.A, Wte:VPr-i sr..4 Sale or rental of trucks,tractors,construction equipment,agricultural implements,mobile homes,similar heavy equipment,including incidental storage,maintenance and servicing.Typical uses include truck dealerships, construction equipment dealerships and mobile home sales establishments. ' e • - „11 Repair of trucks,tractors,construction equipment,agricultural implements and similar heavy equipment.Typical uses include truck repair garages,tractor and farm implement repair services and machine shops,but exclude dismantling or salvage. .Lonim .tir14X4MALL;:;,:,,e''k/- - :44W4NANInirlagaMii Establishments primarily engaged in the prevision of financial and banking services.Typical uses include banks,savings and loan institutions,loan and lending activities and similar services. -S4t7401Mite....pi;,‘ yff&-,--Akt Establishments or places of business primarily engaged in the retail sale of food or household products for home consumption.Typical uses include groceries, delicatessens,meat markets,retail bakeries and candy shops. t'.1; Nriz, Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. ; Sales or rental of commonly used goods and merchandise for personal or household use.Typical uses include department stores,apparel stores,furniture stores,mail order stores or similar establishments. orjeta,w-ta,A0 A use providing consultation,diagnosis,therapeutic,preventative or corrective personal treatment services by physicians,dentists,medical and dental laboratories and similar practitioners of medical and healing arts. •-".'"WOMOM-W-ci sa32 ;;;.---P=M1 Lodging services involving the provision of room and/or board.Typical uses include hotels,motels or transient boarding houses. ugoitytatiagof 5 Appendix B:Use Tables COMMERCIAL USES P permitted use C=conditional use Use Cl C2 C3 C4 11 12 Predominantly spectator uses conducted within an enclosed building.Typical uses include motion picture theaters,meeting halls and dance halls. Uses conducted within an enclosed building.Typical uses include bowling alleys, billiard parlors,ice and roller skating rinks and arcades. Boarding and care services for dogs,cats and similar small animals.Typical uses include boarding kennels,pet motels,or dog training centers. * ef4= Establishments primarily engaged in the provision of laundering,dry cleaning or dyeing services other than those classified as personal services.Typical uses include bulk laundry and cleaning plants,diaper services,or linen supply services. .;;k• Establishments primarily engaged in the on site,indoor production and storage o: goods by hand manufacturing equipment not exceeding two(2)HP of a single kiln not exceeding eight(8)kilowatts.On site retail sale of these products is permitted.Basic industrial processing activities in Section 501 are excluded. ktFliftiitarlitraaarerif0 s • . , A!„.. A commercial activity engaged in the sale of commonly used goods and merchandise,including petroleum products,for personal or household use in a structure three thousand(3,000)square feet or less in size. •-WA,0j '"- :',.•L'A,:.=->'" • - Predominantly spectator uses conducted in open facilities.Typical uses include sports arenas,racing facilities and amusement parks.Subject to site plan review liBiOrtreViRftiqAttiftit 3;10 .704 ISM: AP',V.Wife 7,W5,1:41f. Uses conducted in open or partially enclosed or screened facilities.Typical uses include driving ranges,miniature golf courses,golf courses,swimming pools, tennis courts,racquetball courts and marinas. ,t:-•7;,i7:0,—V'''Srt-A ac : Establishments primarily engaged in the provision of informational,instructional personal improvement and similar services of a nonprofessional nature.Typical uses include photography studios,driving schools,health or physical fitness studios,reducing salons,dance studios,handicraft and hobby instruction. KWO,4,576jair,V MPa,Te. Vr.t40,KUM*1117- -H-'nnerrg M7:Z7. Establishments or places of business primarily engaged in the provision of frequently or recurrently needed services of a personal nature.Typical uses include beauty and barber shops,seamstress,tailor,shoe repair shops and self- service laundry or self-service apparel cleaning services. Retail sales and grooming of dogs,cats,birds,fish,and similar small animals customarily used as household pets.Typical uses include pet stores,dog bathing and clipping salons or pet grooming shops. 4444,, -14f-IsmnrAN.-e' ;6- A use providing professional or consulting services in the fields of law, architecture,design,engineering,accounting and similar professions. ItYLVJAAVWfgt-P-1 4.failaar,--J,9A0-PstAmels•V.-.44 6 Appendix B:Use Tables COMMERCIAL USES P=permitted use C=conditional use Use Cl C2 C3 C4 11 12 A use engaged in the preparation and retail sale of food and beverages(excludint alcoholic beverages),for on-premise consumption only.Typical uses include soda fountains,ice cream parlors,sandwich shops and coffee shops. t--,40•4 •74.,* - A use engaged in the preparation and retail sale of food and beverages,including sale of alcoholic beverages when conducted as an accessory or secondary feature and producing less than fifty(50)percent of the gross income.A general restaurant may include live entertainment Typical uses include restaurants,both full service and fast food,coffee shops,dinner houses and similar establishments with incidental alcoholic beverage service. ;Vi41 ; A use engaged in the preparation and retail sale of food and beverages,including the sale of alcoholic beverages when conducted as an accessory or secondary feature and producing less than twenty-five(25)percent of the groes income.A neighborhood restaurant does not include outdoor entertainment.Typical uses include restaurants,both full service and fast food,coffee shops,dinner houses, and similar establishments with incidental alcoholic beverage service. lea*-444.m., =.•• ,,Af:Y•-•,..4Z1.‘...-„;-,,,, • "4: An establishment for retail sale of petroleum products,automobile accessories and/or minor auto tune-ups.All services provided and all storage supplies,parts, equipment and accessories are indoors. -on Nt--; "-• -0 04.,*"4,„:,,WP. .-?4- ;1,4''r:•.,Mg.;41.6- < `r, Veterinary service for all animals.Typical uses include animal clinics and hospitals.Veterinary services shall not include the boarding of large animals. 7 Appendix B:Use Tables INDUSTRIAL USES P=permitted use C=conditional use Use Cl C2 C3 C4 Ii 12 2.4 .• CCA- .-taz/pV4,.• - A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use utilizing flammable explosive or commonly recognized offensive conditions or materials. =" ••'n••• =Ac'v"•?'' ' --"'""""•,,Vc • .,. •-- , . „. ",s - " 5 Y`" `"-L, rt V-1 a,01 4*, -kW ' Establishments primarily engaged in the on-site,indoor production and storage of goods by hand manufacturing which involves only the use of hand tools or mechanical equipment not exceeding two(2)horsepower or a single kiln not exceeding eight(8)kilowatts.The direct sale to consumers of those goods produced on-site is prohibited. • - , "' , A use engaged in the manufacture,predominantly from previously prepared materials,or finished products or parts,including processing,fabrication,assembly,treatment,and packaging of such products,and storage,sales and distribution of such products,but excluding basic industrial processing. - "A;:!_,-;;,, ,Kaip„.: 40, • •..:454.., Establishments or places of business primarily engaged in wholesaling,storage,distribution and handling of materials and equipment other than live animals and plants.The following are wholesaling,storage and use types: A. Convenience storage Storage services primarily for personal effects and householditf-W goods within enclosed storage areas having individual access,but excluding use as .446,01i4"-t worlcshops,hobby warehousing. shops,manufacturing,or commercial activity Typical uses include mini- wroifigi B. General warehousing and distribution. Open-air storage,distribution and handling of EA materials and equipment.Typical uses include monument or stone yards,or open storage 44:4111.."-WitikSW:- n4:7":r-,V yards. C. Limited warehousing and distribution. Wholesaling,storage and warehousing services within enclosed structures Typical moving and storage firms and retail mail order distributio ‘f.• •••-'4 centeis. '`:440. 4ol'Ir.„'•- 'EC- .TV-6.?"•=7: -. 4' ifl'- '1;--!-"-:;`!"47 • Establishments primarily engaged in research of an industrial or scientific nature but excludes product testing.Typical uses include electronics research laboratories,research and development firms,or pharmaceutical research labs. Places of business primarily engaged in the storage,sale,dismantling or other processing of used or waste materials which are not intended for reuse in their original fortis.Typical uses include automotive wrecking yards,junk yards or paper salvage yards.(Subject to site plan review) vo"f4wte.k._.- a=.-;-!Lrg!..,T.A\-zae.Avfr4?4w,4 Long term storage of operating or nonoperating vehicles.Typical uses include storage of private parking towaways or impound yards,but exclude dismantling or salvage. 8 Appendix B:Use Tables CIVIC USES P=pe dia:dust C conditional use Use SF1 SF2 SF3 MEI 1%1 F2 MHI NI H2 CI C2 C3 C4 I1 12 PF riiiY - "' _ .m Ya..; _•€,tat'.' r,+?,x Sy 1'_ :s3-w r' -• s 'z-_; Offices,adminisnative,clerical or public contact services that deal directly with the citizens,together with incidental storage and maintenance ofne..csary vehicles.Typical uses include federal, state,county,and city offices.(Subject to site plan review.) _ _ it te,, txti§re .: y ....� - Religious,cultural or fraternal activity that is conducted primarily within an enclosed facility of 10,000 square foot or less gross floor area. t141 ""t434 m ,'f #` 3 z .7,7"••=1..g u -+�9'. 3 ` z `f4 tf e �"`� "�" Vis- �rt :�fiitcd Wc3 Iran+ ].e;e..._..-�'�.i� X3-. - '� � Religious,cultural or fraternal activity that is conducted primarily within an enclosed facility of 10,000 square foot or more gross floor area. jt3 • .'�`="f"'sWx Landing fields,aircraft parking service facilities,and related facilities for operation,service,fueling,repair,storage,charter, sales,and rental of aircraft,and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.Subject to site plan review. ?r, _R'` .,.. .. � `t A Fr - ?.sem-' 3 ' �'..: Campground facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks.Subject to site plan review. --;��-- '.+:.� ?i,,��> ,.�.,;.�:'_•�. ;rte.,.. _:� _-__. eeltff ��w�+.r' .1 ... -. _.. S�¢nd� -.'..L .:SFr-_. ";.:`�- 'lir,.44,• �i'�,.Y'�dv �ti 1��$.�fitus' 5,s'r'. ,_.�.. [and used or intended to be used for the burial of the dead and dedicated for cemetery purposes,including columbariunts, crematoriums,mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. -- _��..Y-_ -.¢�'� -:.++ 'r Z�'x.x F�1`',-;,:>�•..•=#�e.3-•.''�" "'fid' - ':�'�y,; �ti��� �y..... _�. "-Pak ��. .�.._.,,;;.��_ sF i - .r- u.`K �".. _.1w^- aaG`i` r,'i... a :..' �i...:- ._ <: ...— ..✓, c.- Pak `� �� y-' .4i�'�' .5a.. An establishment or offices in which a group of physicians, dentists,or other practitioners of the healing arts,and allied professional assistants am associated for the purpose of diagnosing and treatment of ill or 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. At ^--: ,r-= ^so''` :minty-s,,f...:.' "' "fir"?" ry �'Y"}�:_ - �.5 t_ ;'` '�2F "' " 9 d`- 1,-w-o .. ca3 ,.<i gs , _ ..__a' 1"r -.,r t. ; �v. A use providing meeting,recreational,or social facilities for a Lp private or non-profit association,primarily for use by members and guests.Typical uses include private social clubs and fraternal organizations. a it 3•.:r -, i3 .17ri o`.-'`'- - .�'?�.�r. `fes.. _.-`�.m -i014_. '?' `�.t.' �.-.'•rµr .'a-d'-• ° R�' •� An academic institution of higher learning,accredited or recognize) by the state and offering a program or series of programs of academic study. • � ?.+,h.'.�tK �i ��i'. h-��' r'i F •+�'.. "'4 L h2'(L�. �a 'cit- _ .r K, -MS --.. +� 'a �`'�3�"wT A non-profit recreational facility fm use by residents and guests of a particular residential development or limited residential neighborhood,including both indoor and outdoor facilities. tenjoitai ,,,yam _ - _ _ _ _ __ W ..�= .�*��.,'�'�iP%" ,.. ..d a Y�E,wE 4'" +�ii"- i'"- ��? - (3 v-�'�"�•'�' � _FSU"v - - +�'w'�` �3�C.�eIC� t7�t��. '=' i �...:':t'..:� � � 1�k,� lei �,` '�'�`u-.=� �- 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 abus 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. 9 Appendix B:Use Tables CMC USES P=permitted use C.croak=use Use SFI SF2 SF3 NIF1 SIF2 t114l 51H2 CI C2 C3 C4 II 12 'F surna. . e. .` c • T% REIran. � , ,x.A �. Y3 ',+r fix.-sem` ��- ` �- 8 „x; ...: A use pmviding bed care and in-patient services for persons requiring regular medical attention,but excluding a facility providing surgical or emergency medical services,and excluding a facility providing care for alcoholism,drug addition,mental disertce,or communicable disease. • A army,museum,art gallery,or similar non-profit use affording display,preservation and exhibition of objects of permanent intens in one(1)or more of the arts and sciences. -ysa- .yam;•p-'=;x- '>I>,`7.'- � - - - �-....,}-.<� �,-,._ -- -. ��..s.:.,-. "r A facility,cruse of a building or portion thereof,for daytime care of six(6)or fewer individuals.This term includes nursery school, pre-schools,day care centers far children or adults,and similar uses. iRresirn./ _ (�y,.�,a.. _ WV_ w.. 4 A facility,erase of a dwelling unit or portion thereof for daytime care of seven(7)or more individuals.This term includes nursery school,pre-schools,day care centers for children or adults and similar uses. iiieifttet,"tr( Vxl i`;:' 1 1,11~ -w-�3 ..- '. .:2--u „S _ A publicly operated use providing housing and care for individuals confined by law. Si? 31.r - s- b 't r T/— _ •' sin - -ya=k. A use providing counseling,guidance,recuperative,vocational or similar services to persons requiring rehabilitation assistance as a result of mental illness,alcoholism,detention,drug addiction, family violence or similar conditions,either on a residential or daytime care basis. • x' '-`" .;. .ra.`- ': r. s _; _ ..., .,,;: - - - '�t,:. - —�.Mfr - _ .�.u" F. - .z:- t?' i �*�hx-.. i»v<-.t :,-_ .,, ..';.� rY 5 �-. �" �`.n� e} J ''s_ A facility providing medical,psychiatric or similar service for sick or injured persons ply on an inpatient basis including ancillary facilities for outpatient and emergency treatment, diagnostic services,training,research,administration and services to patients,employees or visitors. ";;;.:" r.��+ `�-� Retirement housing far the elderly providing residential housing an care for retired,elderly,and/or disabled people including congregate housing with common meals and/or community facilitit for social events,community recreation,convalescent services, guidance services,personal services and personal improvement services,or self-contained dwelling units specifically designated far the needs of the elderly,either rented or owner-occupied.To qualif as life care housing or facilities,a minimum of 80%of the total units shall have a household head 55 years of age or greater and no long term or permanent skilled nursing care or related services are provided °' - z. u:-:,',.•tx.: .�.,rli `., ,4;,s .Y:.,R ",- -: 5� .�.}.It ".' �..� �..` ✓"u �-z. -=� Services which are necessary to support principal development and involve only minor structures such as lines and poles which are necessary to support principal development Yi`a}-- --; -�s� - - -^- .� '?:tt-rr.: T,PITMatiiM A facility supporting maintenance,repair,vehicular or equipment ... servicing,materials storage and similar activities,including corporation yards,equipment service centers and similar uses having characteristics of commercial services or contracting or industrial activities. ofti' ` BiRr`kat:'.- '-` �< it" �.-".�- - =y>r �.'v'• - x ': =- `E"" -.t -r,=-a�F,. ,-;.y.V. ;.:`:- - _ ��� Generating plants,electrical switching facilities and primary substations,refuse collection or disposable facilities,water sad wastewater treatment plants and similar facilities of public agenic or public utility firms having potentially significant impact upon surrounding uses.(Subject to site plan review). 10 Appendix Bs Use Tables CIVIC USES P=permitted use C=c®ditimul use Use. Sri SF2 SF3 ivl Fl ?lF2 M1H1 51112 Cl C2 C3 C4 II 12 PF A private agency,school,or institution engaged in educational win 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." Publicly owned and operated parks,playgrounds,recreation facilities and open spaces. / '"``�.,-..Fa-! Postal services,including post offices,bulk mail processing or sorting centers,operated by the United Stares Postal Service or private enterprise. +w • -: ",- . '.wy- .cc_ +a'. it .i'+x- ti '"$`s a: ¢ � 'Ia-r^Vfi ' ._r' "• .^'`,•f`._k A public,private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Texas. Qct- r.7- -t,;•;=-11-0',11M:>''z . . e , Railroad yards,equipment servicing facilities,and terminal fatalities.(Subject to site plan review.) s'a` a� :. F �s/!'�..R- •z",,:3'tA' �.JF.G2.a.te? _�..n_.'r- r-'mac'_±�:vcS�s�.t.�.~_zitls- e����v s ;�w t '���47_ Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medial and ambulance services. • '� SeteY'_ - �`. rw A public, �' private or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in a public school of the State of Texas. •- _"itg.z e;d Trip 3,.a_ ':.r c,-• -kGlitn,- ry y'F _ ,f CF gP.,.t:: xr -1 srS"' 4 - _ Z _ - A facility for loading,unloading,and/or mtercharge of passengers,, baggage and incidental freight or package express between modes of transportation,including bus terminals,raihoad stations,airport terminals and public transit facilities. 11 Appendix C,Lot Standards Appendix C: Lot Design Standards SETBACKS Maximum Minimum Maximum Maximum District Lot Code Zoning District Develop. Lot Area(fe) Minimum Minimum Minimum Minimum Building Density /*Maximum Lot Width Front Yard Rear Yard Side Yard Height Coverage (units/ac) Lot Area(ac) (%) l � t.74i t'Vir ri "fi'1104rri'. -1w7 7 7"1w;�•�•yi r, 71 Rilr. n iRi 2:,r:1ooA Fx vva n ,`+ +r'e ma Wa-s p. SF1 Rural Residential 2.00 21,000' 85 35 25 10' 45 35 5 SF2 Suburban Residential 5.50 6,500 55 25 .5 5 6,7 35 50 5 SF3 Mixed-Density Residential 12.00 6,000 50 10 5 5 5' 35 60 MF1 Multi-Family 18.00 *20 40 15 5 5 35 75 MF2 Multi-Family 24.00 *30 35 15 5 5 45 80 MHI Manufactured Home 5.50 9,000 75 25 20 10 35 40 MH2 Manufactured Housing Park 4.00 7,500 55 20 �k qz >n¢„ P),..it Icy :,F ty u 10 5 35 50 S� Aa54i.S" A. ,' 7 '� 'shy � u � d Y a<'� d't4-4.':1-:;' 4 �h" r Itfe,' n° $ ugot 9 7. n d,-,"w8. N,4 '4, V,�'� t k p"!'.y:. 1n :4�!. i a} 0, tf °raa a,A'`0:k ', :''''.,4�, t7•.�'f" •. 'LiVf,t ,w Cl Neighborhood Commercial - - 50 20 20 10 30 70 C2 Old Town/Town Center - - 70 15 15 15 45 70 C3 Retail/Office - - 70 25' 15 15 35 75 C4 General Commercial - - 70 40 35 20 45 80 I1 Light Industrial - - 100 50 40 25 45 80 12 Heavy Industrial - - 100 50 50 25 45 80 Notes: 1 Lots for which an on-site sewage facility is proposed are subject to Title 30,Texas Administrative Code,Chapter 285. The application of Chapter 285 may require larger minimum lot sizes than the City of Cibolo Zoning Ordinance. In such cases,the more restrictive shall apply. 2 Maximum lot coverage is 35%,not to exceed 15,000 square feet. 3 Minimum 18'front yard setback for garage,if not served from rear alley. 4 May be reduced to 15'if parldng provided at side or rear of building. 5 The maximum lot coverage for this district shall not restrict the placement of one(1)accessory structure of less than 100 square feet,provided such structure is placed on skids and complies with the requirements of Appendix D,and does not interfere with the use of any easement present. 6 Minimum 15 feet between homes,but not less than 5 feet on either side of the common side lot line. 7 Corner lots: Any garage or carport facing the side street must be set back not less than 20 feet. City of Cibolo Appendix D• Accessory Structures Appendix D: Accessory Buildings Setbacks(ft) DistrictFrom Zoning District MaximumTypical Accessory Code Principal Side 1:2 Rear1•2 Height(ft) Building Buildings SF I Rural Residential 12 10 10 10 Storage sheds,hobby workshops,non- SF2 Suburban Residential 12 10 5 10 commercial greenhouses SF3 Mixed-Density Residential 10 10 5 5 MF1 Multi-Family 10 10 5 5 On-site laundry facilities,activity MF2 Multi-Family 15 15 15 20 center MH1 Manufactured Home 10 10 5 10 Storage sheds MH2 Manufactured Housing Park Notes General Note: The maximum lot coverage found in Appendix C,with specific exceptions noted therein,applies in all cases. I As'listed,or the depths of the setbacks of existing lots on the same side of the street. 2 Buildings on skids may be placed within three(3)feet of the property line,provided the placement does not interfere with the use of any easements present. 3 Off-street parking,utility service,sidewalks,park use are always allowable and do not count towards the requirements of this table. Typical structures are provided for reference only.Actual determination of an accessory structure lies at the discretion of the Zoning Administrator. City of Cibolo