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ORD 954 09/28/2010 of. o < : = 'R ) * rex "City of Choice" ORDINANCE NO. 9 5 4 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, ESTABLISHING THE OFFICIAL ZONING MAP OF THE CITY OF CIBOLO, AS REFERENCED IN APPENDIX A, SECTION 4.1 OF THE CODE OF ORDINANCES,TO ESTABLISH THE ZONING DISTRICT BOUNDARIES OF EACH OF THE ZONING DISTRICT OF THE CITY OF CIBOLO. THE OFFICIAL ZONING MAP, WHICH IS HEREBY ADOPTED BY REFERENCE AND DECLARED TO BE A PART OF THE CODE OF ORDINANCES OF THE CITY OF CIBOLO, SHALL BEAR THE SIGNATURE OF THE MAYOR OF THE CITY OF CIBOLO, ATTESTED BY THE CITY SECRETARY OF THE CITY OF CIBOLO AND BEAR THE SEAL OF THE CITY OF CIBOLO UNDRER THE FOLLOWING WORDS: THIS IS TO CERTIFY THAT THIS IS THE OFFICIAL ZONING MAP REFERRED TO IN SECTION 4.1, ORDINANCE NO.934 OF THE CITY OF CIBOLO,TEXAS"; PROVIDING A,SAVINGS CLAUSE AND FOR THE REPEAL OF ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, §211 of the Texas Local Government Code empowers the City of Cibolo to divide the municipality into districts of a number, shape and size the governing considers best for the City of Cibolo and the purpose of§211 of the Texas Local Government Code; 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 zoning map designations with respect to geographic location therein; and WHEREAS, pursuant to §211 of the Texas Local Government Code before the 10th day before the public hearing written notice of a public hearing before the Planning and Zoning Commission on proposed changes in zoning classifications was sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the any property where a change in classification is proposed; and WHEREAS, pursuant to §211 of the Texas Local Government Code the Planning and Zoning Commission held a public hearing on proposed changes' in zoning classifications and the proposed changes to the zoning map; 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 map designations and appropriate geographic locations for said zoning designations therein to the City Council; and WHEREAS, pursuant to the provisions of §211 of the Texas Local Government Code the City Council of the City of Cibolo, Texas held a public hearing on the recommendations to the zoning map and changes to property classifications; and WHEREAS, pursuant to the provisions of §211 of the Texas Local Government Code the City Council of the City of Cibolo, Texas, before the 15th day before the date of the public hearing published notice of the time and place of the public hearing in an official newspaper of the municipality; 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 zoning map designation, 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 hereby finds and determines that the attached zoning map is in accordance with the City's Comprehensive Plan; 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 Official Zoning Map. NOW THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS,THAT: SECTION 1. REPEAL AND ADOPTION (a) City of Cibolo Code of Ordinances Appendix A Zoning shall be amended to incorporate by reference and declared to be a part of the Code of Ordinances of the City of Cibolo, the map attached hereto as Exhibit A, bearing the signature of the Mayor of the City of Cibolo, attested by the City Secretary of the City of Cibolo,bearing 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. 934 of the City of Cibolo, Texas." 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 30, 2010; and SECTION 3. PUBLIC HEARINGS Whereas two public hearings were held before the public regarding the adoption of the proposed Official Zoning Map being held before a quorum of the City of Cibolo Planning and Zoning Commission on Tuesday, September 21, 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, September 28, 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 adoption of the proposed Official Zoning Map 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 7. EFFECTIVE DATE This Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas. PASSED AND APPROVED this 28th day of September 2010. SIGNED: 1/)irget /Vih n 1) : nnife artman, Mayor ity of Cibolo, Texas AT1'hST: ' Peggy Cimics, City Secretary, TRMC City of Cibolo, Texas EXHIBIT A City of Cibolo Code of Ordinances APPENDIX A (Zoning) Official Zoning Map __ r z s � ` .0 3 v' s .1. li ,,t.;z: i';'-t-'1.''-,,..',,,,,,',,,,i, -1.!:„,t-41-.:17k..,-;:‘, ' c-'116 t''45.,-,.,„,, , ,,_,-;:r‘..,,,,--,.......,,, r------"- 13 , pr `5 � r e 4 _ y� of r , - . fe`Aikit..°*:'!„',°',',.:;L:.:.'.,c..' ;et- ' ''..".'',';', F-1.7.,— '. --2,-' ;-'-i „4, ,r. . :, , , . ' rpm- 4 ,6 Y y i. ay .,i4r *4i,'t1 4 z int `� . 101 ti " -, y. '. ... F ,a "."*'4=:://e; wro .wTnw■ a.wA.m�0aim/Emit=row i Legend OFFICIAL ZONING MAP ' ,,,:°"`°""iy°'r: _ .. Glob CM limns 0 no 1500 JAW s Fn.w.u. ® CITY OF CIBOLO ®• """"w" -j Cibob ETJ FM snEsr 1. =Ovod0y District ................ ��- L`wr�ti�.r+r s...+sr