ORD 672 03/22/2005 ORDINANCE NO. 6 7 2
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,
AMENDING ORDINANCE NO. 609 ZONING ORDINANCE BY
ADDING A DEFINITION FOR"LOT COVERAGE" TO CHAPTER
29 DEFINITIONS; PROVIDING FOR INCORPORATION;
PROVIDING FOR ADOPTION; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES
OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE
PROVISIONS OF THIS ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 211 of the Texas Local Government Code empowers the City of
Cibolo to enact a Zoning Ordinance and provide for its administration, enforcement, and
amendment; and
WHEREAS, the City has adopted Ordinance Number 609 establishing zoning
regulations within the City of Cibolo; and
WHEREAS, the Planning and Zoning Commission has held a duly notified public
hearing pursuant to Chapter 211 of the Texas Local Government Code and has forwarded
a recommendation regarding the amendment to Ordinance Number 609; and
WHEREAS, the City Council has given due notice of public hearing relating to the
amendment to the Ordinance Number 609; and
WHEREAS,the City Council has considered the merits of this amendment to Ordinance
Number 609 and has determined that this amendment is necessary to protect the health,
safety, morals, and welfare of the community.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
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SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the
City Council of the City of Cibolo,Texas, and amend Ordinance Number 609.
SECTION 3.
AMENDMENTS
That Chapter 29 Definitions shall be amended by adding the following:
"222. LOT COVERAGE: That portion of a lot, parcel or tract covered by the
primary structure and inclusive of covered porches, detached garages, and
patios. Lot coverage excludes driveways, sidewalks, accessory buildings,
swimming pools, and paved areas that are not covered by a permanent or
temporary structure."
SECTION 4.
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas,
except where the provisions of this Ordinance are in direct conflict with the provisions of
such Ordinances, in which event the more restrictive provision shall apply.
SECTION 5.
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that
the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance should be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this Ordinance, since the same would have
been enacted by the City Council without incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 6.
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and all
violations of the provisions of any Ordinances affecting lot coverage, which have accrued
at the time of the effective date of this Ordinance; and, as to such accrued violations and
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all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
fmal disposition by the courts.
SECTION 7.
EFFECTIVE DATE
That this Ordinance shall be effective immediately upon the passage and approval of the
City Council of the City of Cibolo, Texas.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of 4-1/for to ,against this 22nd day of March,
2005.
AP ROVED: 1
U4414.; 4t
Mayor Charles Ruppert
A EST:
At 1Ili. �.......
ohne Griffin, City S. r:!. I/ -
.
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