ORD 684 06/28/2005 ORDINANCE NO. 6 8 4
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,
AMENDING ORDINANCE NO. 609 ZONING ORDINANCE BY
AMENDING CHAPTER 14 GENERAL PROVISIONS AND
EXCEPTIONS; USE, HEIGHT AND AREA REGULATIONS; BY
AMENDING CHAPTER 17 VISUAL SCREENING
REQUIREMENTS; 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 14 General Provisions and Exceptions; Use, Height and Area Regulations
shall be amended by adding the following:
"L. Exterior Design Requirements
1. Exterior Building Materials
a. Buildings Requiring Masonry on All Sides—All buildings constructed in the
C1R, NS, PB, C-1, and C1G 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.
2. Exterior Architectural Elements — The following architectural elements shall
apply to all buildings constructed in the C1R, C2R, C3R, NS, PB, C-1, C-2,
C1G, and C2G 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
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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 horizontal clearance of eight feet(8')
above sidewalks and pedestrian circulation areas.
d. Vertical and Horizontal Articulation—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:
1. Variation in color and materials;
2. 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');
3. Variation of a minimum of two feet(2') in height of parapets. Variation
to parapet height may include pilasters and projected raised entrance
features;
4. 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;
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5. 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').
e. 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.
f. 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.
g. 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.
h. Projects in the NS and projects in the C-i, C1G, C2R, and C3R 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:
1. 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.
2. A mixture of areas that provide shade.
3. Trees in proportion to the space at a minimum of one (1) tree per eight
hundred(800) square feet.
4. Water features or public art.
5. Outdoor eating areas or food vendors."
That Chapter 17 Visual Screening Requirements shall be amended to read as follows:
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"A. Screening of Mechanical Equipment, Trash Storage Areas, and Loading and
Service Areas
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.
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
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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.
B. Landscape Requirements
1. Purpose—Landscaping is accepted as adding value to property and is in the best
interest of the general welfare of the City. The provision of landscaped areas
also serves to increase the amount of a property that is devoted to pervious
surface area that, in turn, helps to reduce the amount of impervious surface area,
storm water runoff, and consequent non-point pollution in local waterways.
Therefore, landscaping is hereafter required of new development.
2. Scope and Enforcement — The standards and criteria contained within this
subsection are deemed to be minimum standards and shall apply to all new
construction or any construction that increases the existing square footage of a
structure by more than thirty percent (30%). Additionally, any use within a PD
zoning district must comply with these landscape standards unless special
landscaping standards are otherwise provided for in the ordinance establishing
the PD district. The provisions of this subsection shall be administered and
enforced by the Chief Building Official, or his/her designee. The landscape
standards in this subsection apply to non-residential developments, including
uses such as schools and churches within a residential zoning district(s).
If at any time after the issuance of a certificate of occupancy, the approved
landscaping is found not to be in conformance with the standards and criteria of
this subsection, the Chief Building Official, or his/her designee, shall issue
written notice to the property owner, citing the violation and describing the
action(s) required to comply with this subsection. The owner, tenant or agent
shall have thirty (30) days from date of said notice to establish/restore the
landscaping as required. If the landscaping is not established/restored within
the allotted time,then such person shall be in violation of this Ordinance.
Only that portion of a lot, tract or parcel being developed shall be required to
meet these landscape requirements. Those portions of a lot, tract or parcel to be
developed at a later time shall be required to meet the landscape requirements in
effect at the time of their development.
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3. Permits — No permits shall be issued for building, paving, grading or
construction until a detailed landscape plan is submitted and approved by the
Chief Building Official along with all the other plans and submissions required
by this Ordinance and all other applicable rules and regulations of the City.
Said detailed landscape plan shall meet the minimum requirements and
specifications contained in Subsection L. 4. below.
Prior to the issuance of a certificate of occupancy, all screening and landscaping
shall be in place in accordance with the approved landscape plan. In any case in
which a certificate of occupancy is sought at a season of the year in which the
City determines that it would be impractical to plant trees, shrubs or
groundcover, or to successfully establish turf areas, a temporary certificate of
occupancy may be issued provided a letter of agreement from the property
owner is submitted that states when the installation shall occur. All landscaping
required by the landscaping plan shall be installed within six (6) months of the
date of the issuance of the certificate of occupancy.
4. Landscape Plan — Landscape plans shall be prepared by a landscape architect
licensed to practice in the State of Texas and shall contain the following
minimum information:
a. Minimum scale of one inch(1") equals fifty feet (50') or other such scale as
approved by the Chief Building Official, or his/her designee; show scale in
both written and graphic form.
b. Indicate that portion of the lot to be developed if the development occupies
only a portion of the lot. That portion to be reserved for future development
shall be indicated by a dashed line and shall be labeled "Future
Development."
c. Location, size and species of all trees to be preserved as required by the
Cibolo Tree and Landscape Ordinance, as amended — tree stamps may be
used provided they indicate true size, species, and location of trees.
d. Location of all plant and landscaping material to be used, including plants,
ground covers, paving, benches, screens, fountains, statues, earthen berms,
and ponds (to include depth of water).
e. Species and common names of all plant materials to be used.
f. Size of all plant materials to be used — container size, trunk diameter,
planted height, etc.
g. Spacing of plant material where appropriate.
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h. Note of the face of the landscape plan stating that all landscaped areas will
be irrigated with a below-ground,mechanical irrigation system designed and
installed by an irrigator licensed by the State of Texas.
i. Description of maintenance provisions.
j. Name, address, and phone number of the person(s) responsible for the
preparation of the landscape plan.
k. North arrow/symbol, and a small map showing where the property is
located.
1. Date of the original preparation and the date of the latest revision(s).
m. The location, size, type, and owner/dedication information for all easements
located on the site.
n. The irrigation system proposed on the lot to include the type and size of
lines, meter, backflow prevention device, connection to the public water
system, sprinkler heads (including type and size), and all related
appurtenances. Said irrigation system shall be designed and stamped by a
licensed irrigator in the State of Texas.
o. All property lines with dimensions and bearings and the square footage of
the total lot.
p. All proposed and existing structures. Said information shall include the
square footage of existing structures, the square footage of new structures,
and the percent increase in square footage.
q. All paved areas to include the square footage of all impervious surfaces and
the percent of the lot area said areas occupy.
r. All planting areas/planting beds and square footage of all such areas and the
percentage of the lot said areas occupy.
s. The location, size, and type of all utility lines and drainage infrastructure
located on the site — including water, wastewater, electric, gas, and
telephone lines.
t. The designation of all bufferyards, indicating the dimensions, planting
materials, fences, landscaping materials and all other items proposed in
each.
5. General Standards — The following criteria and standards shall apply to
landscape materials and installation:
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a. All non-paved surfaces shall be completely covered with living plant
material. Landscaping materials such as wood chips'and gravel may be used
under trees, shrubs, and other plants, but shall not comprise a significant
portion of the total landscaped area. This requirement shall not apply to
public or private playgrounds built in association with any non-residential or
park use.
b. Plant materials shall be of species that are common this area of Texas and
are subject to approval by the City and shall conform to the current edition
of the "American Standard for Nursery Stock" (as amended), published by
the American Association of Nurserymen. Grass seed, sod and other
material shall be clean and reasonably free of weeds and noxious pests and
insects.
c. Native overstory trees required by this Subsection shall meet the following
minimum criteria:
1. An average crown spread of greater than fifteen feet (15') at maturity.
Tress having a lesser average mature crown of fifteen feet (15') may be
substituted by grouping the same so as to create the equivalent of fifteen
feet(15') of crown spread.
2. A minimum trunk diameter of three inches (3") as measured four and
one-half feet (4 '/2') above the ground and seven feet(7') in height at the
time of planting.
3. All new trees shall be provided with a permeable surface under the drip
line a minimum of five feet(5')by five feet(5').
d. Understory/ornamental trees required pursuant to this Subsection shall meet
the following minimum criteria:
1. A minimum of on and one-half inch (1 1/2") as measured four and one-
half feet above the ground and five feet (5') in height at the time of
planting.
2. All new trees shall be provided with a permeable surface under the drip
line a minimum of five feet(5')by five feet(5').
e. Shrubs required pursuant to this Subsection shall meet the following
minimum criteria:
1. Shrubs shall be a minimum of five (5) gallons and two (2) feet in height
at the time of planting.
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2. Hedges, where installed for buffering purposes, shall be planted and
maintained so as to form a continous, unbroken, solid visual screen that
will be at least three feet(3') in height within two (2) years after the time
of planting.
f. Grass areas shall be plugged, sodded, sprigged, hydro-mulched and/or
seeded, except that solid sod shall be used in swales, earthen berms or other
areas subject to erosion.
g. Ground covers used in lieu of grass in whole and in part shall be planted in
such a manner as to present a finished appearance and reasonably completed
coverage within one (1)year of planting.
h. All landscaped areas shall be equipped with an automatic, mechanical,
underground irrigation system with freeze and moisture sensors to prevent
watering at inappropriate times. Landscaped areas having less than ten (10)
square feet in area may be irrigated by some other means. If appropriate
xeriscape planting techniques are utilized as approved by the City, the Chief
Building Official, or his/her designee, may waive the requirement foran
underground irrigation system at the time of landscape plan approval.
However, the landscaping shall be maintained in a healthy:living, and
growing condition, and any irrigation devices shall not be readily visible
from public streets or walkways.
i. Earthen berms shall have side slopes not to exceed 33.3 percent (three feet
(3') of horizontal distance for each one foot (1') of vertical height). All
berms shall contain necessary drainage provisions as may be required by the
City Engineer.
j. The planting requirements specified herein shall not be cumulative and
planting materials required to meet one section of the ordinance or any
applicable provision of the City's Tree Preservation and Landscape
Ordinance, as amended, may be credited toward the requirements to meet
other sections of this or any other ordinance. For example, tree plantings
required to meet the bufferyard standards may also be credited toward the
tree planting requirements for the perimeter planting requirements for off-
street parking and vehicular use areas.
6. Minimum Landscaping Requirements for Non-Residential Developments:
a. The following percentages of landscaping coverage are the minimum
required for all properties that are subject to this subsection.
Zone %Landscaping
C1R 20
C2R 20
10
NS 20
PB 20
C3R 10
C-1 20
C-2 10
C1G 20
C2G 10
b. Landscaped areas include all areas that are planted. Areas that are retained
in a natural state may be included if they are comprised of native or non-
invasive species and are maintained in a weed free condition.
c. Landscaping in the adjacent public right-of-way may be counted toward
meeting the overall landscaping requirements but shall not reduce the on-
site landscaping requirement by more than five percent(5%).
d. The percentages specified in this subsection are the minimum required. At
times, more landscaping will be required to meet the needs of other sections
of the landscaping standards, such as screening or parking areas,
landscaping of setback areas, and providing usable open space.
e. With the exception of athletic fields, golf courses, and playgrounds, all areas
that are not used for building or parking, are required to be landscaped, and
where adequate room exists, all landscaped areas are required to contain
trees.
f. Landscaping design shall include a variety of deciduous and evergreen trees
and shrubs and flowering plant species well adapted to the local climate.
7. Bufferyards — Bufferyards shall be required in accordance with this subsection
to separate different land uses from each other and to eliminate or minimize
potential nuisances such as dirt, litter, noise, glare, signs, and unsightly
buildings or parking areas, or to provide spacing to reduce the adverse impacts
of noise, odor or danger from fire or explosions. Both the amount of land and
the type and amount of planting and specified structures for each bufferyard are
designed to lessen nuisances between adjacent land uses or between a land use
and public road.
a. Landscape Buffer Between Residential and Non-Residential Uses — A
landscape buffer shall be located on the site of the non-residential use along
all property lines adjacent to an existing residential use, residential zoning
district or a planned residential area as designated on the City's Future Land
Use Plan, as amended, subject to the following standards:
1. Masonry Wall—A brick or masonry wall constructed of like and similar
materials to those of the primary structure shall be constructed along all
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property lines adjacent to an existing residential use, residential zoning
district or a planned residential area as designed on the City's Future
Land Use Plan, as amended. Such walls shall have one (1) access point
for maintenance per one hundred (100) linear feet of wall distance for
maintenance of landscaping and shall be a minimum of six (6) feet in
height and a maximum of eight (8) feet in height, except that the first
twenty-five (25) feet in from the street right-of-way shall be stepped
down to a minimum height of four(4) feet.
2. Landscaped Edge — A landscaped edge of a minimum width of twenty-
five (25) feet shall be installed along the property line as specified in 1.
above. Said landscaped edge shall require the following minimum
planting materials:
a. Overstory trees shall be planted at a minimum ratio of one (1) tree
per fifty(50) linear feet of property line with fractions being rounded
to the nearest whole number.
b. Shrubs shall be planted at a minimum ratio of six (6) shrubs per fifty
(50) linear feet of property line with fractions being rounded to;the
nearest whole number.
c. That portion of the landscaped edge not occupied by other the plant
materials as specified in a. and b. above shall be covered in a ground
cover material as specified herein.
b. Landscape Buffer Non-Residential Uses — A landscape buffer shall be
located on the site of the non-residential use along all property lines adjacent
to an existing non-residential use, non-residential zoning district or a
planned non-residential area as designated on the City's Future Land Use
Plan, as amended, subject to the following standards:
1. Landscaped Edge — A landscaped edge of a minimum width of five (5)
feet shall be installed along the property line. Said landscaped edge
shall require the following minimum planting materials:
a. Overstory trees shall be planted at a minimum ratio of one (1) tree
per one hundred (100) linear feet of property line with fractions
being rounded to the nearest whole number.
b. Understory trees shall be installed at a minimum ratio of two (2)
trees per one hundred (100) linear feet of property line with fractions
being rounded to the nearest whole number.
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c. That portion of the landscaped edge not occupied by other the plant
materials as specified in a. and b. above shall be covered in a ground
cover material as specified herein.
c. Minimum Requirements for Off-Street Parking and Vehicular Use Areas —
Parking lots and vehicular use areas for developments within all the non-
residential zoning districts are to be effectively screened from the public
view and adjacent property. Both the interior and perimeter of such areas
shall be landscaped in accordance with the following criteria. Areas used
for parking or vehicular storage that are under, on or within buildings are
exempt from these standards.
1. Interior Landscaping — A minimum of ten (10) percent of the gross
parking areas shall be devoted to living landscaping that includes grass,
ground cover, plants, shrubs and trees. Gross parking area is bo be
measured from the edge of the parking lot and/or driveway paving and
sidewalks. The following additional criteria shall apply to the interior of
parking lots.
a. Interior landscape areas shall be protected from vehicular
encroachment or overhang through appropriate wheel stops or curbs.
b. There shall be a minimum of one (1) native overstory tree planted
for each four hundred (400) square feet or fraction thereof of
required interior landscaped area.
c. Interior areas of parking lots shall contain planting islands located so
as to best relieve the expanse of paving. Planter islands must be
located no further apart than every twelve (12) parking spaces and at
the terminus of all rows of parking. At least fifty percent (50%) of
such islands shall contain at least one (1) overstory tree. Planter
islands shall not be required for lots containing less than thirty-five-
thousand (35,000) square feet. That portion of the landscaped island
edge not occupied by other the overstory tree shall be covered in a
ground cover material as specified herein. Interior planter islands
shall have a minimum size of sixteen (16) square feet and a
minimum width of eight (8) feet as measured from back of curb to
back of curb or nine (9) feet as measured from edge of pavement to
edge of pavement if constructed without curbs.
d. The Chief Building Official, or his/her designee, may approve
planter islands as required in c. above to be located further than
twelve (12) parking spaces in order to preserve existing trees in
interior parking areas. Off-street parking and drive areas located
within the drip line of a tree shall be paved with permeable material
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approved by the City Engineer when the drip line of an existing tree
is larger than the planter islands required herein.
d. Perimeter Landscaping — All parking lots and vehicular use areas located
between a primary structure and a public right-of-way shall be screened
from all public rights-of-way with a landscape barrier. Plants and materials
used in the landscaped strip shall meet the minimum specifications of this
subsection.
Perimeter landscaping shall be designed to screen off-street parking areas
ant other vehicular use areas, except for driveways that provide direct
connection to a public right-of-way, from public rights-of-way. Said
perimeter landscaping shall include the following:
1. Whenever an off-street parking area or vehicular use area is located
between a primary structure and a public right-of-way, except a public
alley, a perimeter landscape area of at least fifteen (15) feet in width
shall be maintained between the abutting public right-of-way and the
off-street parking or vehicular use area. An appropriate landscape
screen or barrier shall be installed in this area and the remaining area
shall be landscaped with materials as specified in 2. and 3. below.
3. The following plant materials shall be required within a landscape
barrier as specified herein. Plant materials required for mandatory
bufferyards as specified by this subsection may be counted toward the
perimeter landscape requirements specified herein:
a. One (1) overstory tree per fifty(50) lineal feet of frontage;
b. Three(3)understory trees per fifty(50) lineal feet of frontage:
c. Curvilinear berm measuring a minimum two (2) feet in height;
d. All areas not covered by plant materials specified in a. and b. above
shall be covered with ground cover.
e. Landscaping Requirements for Non-Vehicular Open Space — Development
within the non-residential zoning districts, except the CBD, shall meet the
following landscaping standards in addition to the landscaping of off-street
parking and vehicular use areas and all bufferyards required herein. All
remaining open spaces on any developed lot or parcel shall conform to the
following minimum criteria:
1. Grass, ground cover, shrubs, and other landscape materials shall be used
to cover all open ground within twenty (20) feet of any building or
paving or other use such as storage.
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2. All structures shall be treated with landscaping so as to enhance the
appearance of the structure and to screen any detractive or unsightly
appearance.
3. Landscaping shall be provided on each developed lot in accordance with
the follwing standards:
a. Native Overstory Trees — Overstory trees shall be planted in non-
vehicular open space to meet the following criteria.
of Site in Vehicular Tree Ratio per Non-
Open Space: Vehicular Open Space:
Less than 30 1 tree/2,500 square feet
30 to 49 1 tree/3,000 square feet
More than 49 1 tree/4,000 square feet
f. Vehicular driveways from the public right-of-way and sidewalks, installed
in accordance with City standards, shall be permitted through all required
landscaping.
g. Only that portion of a lot, tract or parcel being developed shall be required
to meet these buffering requirements. Those portions of a lot, tract or parcel
to be developed at a later time shall be required to meet the buffering
requirements in effect at the time of their development.
8. Sight Distance and Visibility — Strict compliance with these regulations shall
not be such as to cause visibility obstructions and/or blind corners at
intersections. Planting shall meet visibility clearance and obstruction standards
as specified in the Zoning Ordinance. In the event that visibility obstructions
are apparent in the proposed landscape plan, as determined by the Chief
Building Official, or his/her designee, the requirements set forth herein may be
slightly reduced, if necessary,to remove the conflict.
9. Maintenance—
a. The owner, tenant, and/or their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping. All required landscaping
shall be maintained in a neat and orderly manner at all times. This shall
include, but not be limited to, mowing, edging, pruning, fertilizing,
watering, weeding, and other such activities common to the maintenance of
landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and
other such material or plants not a part of the landscaping. All plant
material shall be maintained in a healthy and growing condition as is
appropriate for the season of the year. Plant materials that die shall be
replaced with plant material of similar variety and size within ninety (90)
15
days of receiving written notice from the City. Trees with a trunk diameter
in excess of six (6) inches as measured twenty-four (24) inches above the
ground may be replaced with ones of similar variety having a trunk diameter
of no less than three (3) inches as measured twenty-four (24) inches above
the ground on a caliper-inch for caliper-inch basis. A time extension may be
granted by the Chief Building Official, or his/her designee, if substantial
evidence is presented to indicate abnormal circumstances beyond the control
of the owner,tenant, and/or their agent.
b. It shall be the duty of any person or persons owning or occupying real
property bordering on any street to prune trees next to the street in such
manner that they will not obstruct or shade any street lights, obstruct vision
of traffic signs, or obstruct the view from any street intersection,pursuant to
the City's visibility standards. The minimum clearance of any portion of a
tree overhanging a public street right-of-way shall be fourteen (14) feet, and
overhanging a public sidewalk shall be eight(8)feet.
c. Failure to maintain any landscape area in compliance with this subsection is
considered a violation of this subsection and may be subject to penalties of
this Ordinance."
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.
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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 land development, which have
accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and 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 final 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 S for to 0 against this 28th day of June,
2005.
APPROVED. afr•rje:
M• • Johnny on
ATTEST:
vo e Griffin, City ecre ,
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