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ORD 700 12/13/2005 CITY OF CIBOLO,TEXAS Ordinance No: 7 0 0 AN ORDINANCE OF THE CITY COUNCIL OF CIBOLO,TEXAS AMENDING THE CITY OF CIBOLO ZONING ORDINANCE NUMBER 609, TEXAS, AS HERETOFORE AMENDED, BY ADDING CHAPTER 15; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to a City Charter duly approved and adopted by the citizens of Cibolo in September 2004; and WHEREAS, the City Council of the City of Cibolo, Texas is empowered under Local Government Code §54.001 to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, Title 7, Chapter 211.003 of the Texas Local Government Code, empowers a municipality to, among other things, establish and amend zoning districts, classifications of land use, adopt a comprehensive plan to regulate the use and location of buildings; and WHEREAS,the Planning and Zoning Commission of the City of Cibolo and the City Council of the City of Cibolo, in compliance with the laws of the State of Texas and the ordinances of the City of Cibolo, have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally and to any and all parties interested in the proposed changes; and WHEREAS, Zoning Ordinance Number 609 has been reviewed and recommendation has been made to make certain amendments by the Planning and Zoning Commission thereto; and WHEREAS, the City Council has considered, among other things, the effect(s) of these recommended modifications and believes it is in the best interest of the City to make said amendments;and WHEREAS, the City Council, in the exercise of its legislative discretion has concluded that the Zoning Ordinance of the City of Cibolo should be amended as herein described NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF CIBOLO,TEXAS: Section 1. INCORPORATION OF PREMISES , That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. 1 Section 2. ZONING ORDINANCE AMENDED BY ADDING CHAPTER 15 SPECIAL USES AND STRUCTURES That Zoning Ordinance Number 609 of the City of Cibolo, Texas as heretofore amended, be and the same is hereby amended by adding CHAPTER 15 — SPECIAL USES AND STRUCTURES,which shall read as follows: "CHAPTER 15—SPECIAL USES AND STRUCTURES (1) AUTHORIZED SPECIAL USES AND STRUCTURES; (A) The following uses and structures may be established or constructed only upon the issuance of a Specific Use Permit in accordance with the provisions of Chapter 15, Paragraph 2. Except as specifically stated herein, special uses and structures shall conform to the standards for base district and any applicable overlay zoning districts in which they are located in addition to any additional conditions or requirements as specified by the Specific Use Permit in which they are governed. (1) Temporary Structure as Primary Structure for Non-Residential Uses,Excluding Temporary Construction Structure (a) Definition: A Structure without any permanent foundation or and that is removed when the designated time period, activity or use for which the temporary structure was erected or installed has ceased. (b) Maximum Time Limit: Two (2)years from the effective date of the Specific Use Permit. (c) Temporary Parking,Loading,and On-Site Circulation: (1) All temporary parking, loading, and automobile traffic circulation areas may be constructed of an-weather surface that is approved by the City Engineer. (2) Temporary parking, loading, and .automobile traffic circulation areas shall be designed to accommodate emergency services (3) All temporary parking, loading, and automobile traffic circulation area must be removed within six (6) months of the expiration of a Specific Use Permit. (d) Exemption from Exterior Design Requirements: Temporary structures approved pursuant to this Section are exempted from the exterior design standards required by the base zoning district or any applicable overlay zoning districts in which a Specific Use Permit is located. (2) Reserved 2 (2) SPECIFIC USE PERMIT(SUP) (A) PURPOSE AND INTENT: This Section sets forth the standards used to evaluate proposed specific uses and structures and the procedures for approving Specific Use Permit applications. (1) Nature of Specific Use or Structure—A specific use or structure is a land use or structure which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use or structure in relation to the existing and planned uses of adjoining property can be mitigated through imposition of certain standards and conditions. (2) Permit Required — No specific use or structure shall be established and no building permit shall be issued for any use or structure designated as a specific use or structure within this Chapter 15 of the Zoning Ordinance or within any zoning district until a Specific Use Permit (SUP) is issued in accordance with the provisions of this Chapter 15. An application for an SUP shall be accompanied by a site plan prepared in a form as approved by the Chief Building Inspector. The site plan shall illustrate the proposed use or structure to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in Paragraph E of this Chapter 15. (B) STATUS OF USES AND STRUCTURES PERMITTED BY SUP: The following general rules apply to all special uses and structures: (1) Only those uses or structures that are authorized in the zoning districts currently in effect, may be approved as special uses or structures. The designation of a use or structure in a zoning district as may be permitted by SUP by this Ordinance does not constitute an authorization or assurance that such use will be approved. (2) Approval of an SUP shall authorize only the particular use or structure for which the SUP is issued. (3) No use or structure authorized by an SUP shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new Specific Use Permit in accordance with the procedures set forth in this Section. (4) Development of the use or structure shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, and any permits that may be required by State or Federal agencies. 3 .-r (C) APPLICATION FOR SPECIFIC USE PERMIT: (1) Application Requirements — An application for a Specific Use Permit may be submitted by the property owner or by the property owner's designated representative to the City. The application shall be accompanied by a site plan prepared on a form approved by the Chief Building Inspector. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a Specific Use Permit. (2) Subdivision Approval—If the proposed use or structure requires a division of or the platting of land, an application for the first step in subdivision approval shall be submitted in conjunction with the application for a Specific Use Permit (see Land Subdivision Ordinance). Approval of the Specific Use Permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the Specific Use Permit shall take effect upon construction plat approval of the phase of the subdivision containing the property on which the conditional use is to be located. (D) PROCEDURES FOR SPECIFIC USE PERMITS: (1) Application—An application for a Specific Use Permit shall be submitted to the Chief Building Inspector in a form provided by the City. (2) Review by the Development Review Committee — An application for a Specific Use Permit shall be reviewed by the Development Review Committee. The Development Review Committee shall make comments relating to conditions or requirements for the Specific Use Permit and shall forward a report and recommendation to the Chief Building Inspector. (3) Decision by the Chief Building Inspector — Within ten (10) working days after receiving the report and recommendation of the Development Review Committee, the Chief Building Inspector shall grant, grant with conditions or deny the application for a Specific Use Permit, subject to the provisions of Subsection(4) of this Subsection. (4) City Council Consent Agenda — All decisions by the Chief Building Inspector regarding applications for Specific Use Permits shall be placed on a consent agenda for the next regularly scheduled meeting of the City Council. Each City Council member shall be provided a copy of the application, the recommendation of the Development Review Committee, a report from the Chief Building Inspector, and all other relevant information. If the applicant, an adjacent property owner, or an aggrieved person requests removal from the consent agenda or if at least one (1) member of the City Council requests that the 4 decision beremoved from the consent agenda, the City Council shall consider the proposed Specific Use Permit. If the Specific Use Permit is not removed from the consent agenda, then the Specific Use Permit shall be approved along with other items on the consent agenda in accordance with City Council procedures. (5) Action by City Council on Appeal — If a decision of the Chief Building Inspector on a Specific Use Permit is removed from the consent agenda,the City Council shall consider the Specific Use Permit and may conduct a public hearing in accordance with the procedures of Chapter 21 of the Zoning Ordinance for amendments to a zoning district and affirm, reverse or modify the decision of the Chief Building Inspector in accordance with the standards for Specific Use Permits and other applicable provisions of the Cibolo Zoning Ordinance. (6) Approval of Minor Deviations—If the Chief Building Inspector finds that minor deviations from the approved plans are necessary or desirable, the Chief Building Inspector may approve the deviations and amend the Specific Use Permit. Minor deviations that may be authorized are those that appear necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process, and shall be limited to the following: (a) Alteration of the location of any road or walkway by not more than five(5)feet: (b) Reduction of the total amount of open space by not more than five(5)percent or reduction of the setbacks or open space areas associated with any single structures by not more than five (5) percent and provided that such reduction will not violate the setbacks specified for the base zoning district in which the structure is located; (c) Alteration of the location, type or quality of required landscape elements of the Specific Use Permit so long as the alteration does not change the overall effect of the landscaping or reduce the amount of landscaping required by ordinance;and (d) Minor alterations in building siting and parking (7) Inspection During Development Under a Specific Use Permit: (a) Following the issuance of a Specific Use Permit, the Chief Building Inspector shall review on a quarterly basis until the completion of the development, all permits issued and construction undertaken, shall compare actual development with approved plans and permits for development, and shall report his/her findings to the City Manager and the City Council. (b) If at any time during the construction of the development approved by the Specific Use Permit,the Chief Building Inspector determines that development is not proceeding 5 • in accordance with the Specific Use Permit as approved, then the Chief Building Inspector may issue a stop work order and immediately notify the City Manager. Within thirty (30) days of the issuance of the stop work order, if the violation is not corrected, the City Council shall schedule a meeting to consider the violation, conduct a full investigation into the facts and circumstances surrounding the alleged violation and either revoke the approval of the Specific Use Permit or amend the Specific Use Permit. (8) Inspection After Development Under a Specific Use Permit: (a) Following the completion of development, the Chief Building Inspector shall review the development for compliance with the approved Specific Use Permit. If it is determined that the development has occurred in accordance with the governing Specific Use Permit then a Certificate of Occupancy shall be issued. If the Chief Building Inspector finds the development, as completed, fails in any respect to comply with the use as approved, then he/she shall immediately notify the City Manager and the applicant of such fact. The Chief Building Inspector shall not issue a Certificate of Occupancy until the City Council has acted upon the Chief Building Inspector's notification of non-compliance. (b) Action by the City Council—Within thirty (30)working days following notification by the Chief Building Inspector,the City Council shall: (1) Rule that the fmding of the Chief Building Inspector be overruled; or (2) Provide direction to the applicant for those modifications to the development to bring it into compliance with the terms and conditions of the Specific Use Permit: or (3) Terminate the Specific Use Permit in accordance with the provisions of this section. (E) STANDARDS: (1) Factors for Consideration—When considering applications for a Specific Use Permit, the City shall, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use or structure at a particular location. Specifically to be considered is the extent to which: (a) The proposed use or structure at the specified location is consistent with the goals objectives and policies contained in the adopted Master Plan; 6 (b) The proposed use or structure is consistent with the general purpose and intent of the applicable zoning district regulations; (c) The proposed use or structure is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications whether on-site or within the public rights-of-way to mitigate development-related adverse impacts including,but not limited to: (1) Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience,and access in case of fire; (2) Off-street parking and loading areas; (3) Refuse and service areas; (4) Utilities with reference to location, availability, and compatibility; (5) Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses; (6) Control of signs, if any; (7) Proposed exterior lighting with reference to glare, ,traffic safety, economic effect, and compatibility and harmony with properties in the district; (8) Required yards and open space; (9) Height and bulk of structures; (10) Hours of operation (11) Exterior construction material and building design; and (12) Roadway adjustment, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated ——.--— — — -- ---------- — — trafficon perimeter streets. - - - - ---- (13) The proposed use or structure is not materially detrimental to the public health, safety, convenience and welfare or results in material damage or prejudice to other property in the vicinity. (2) Conditions — In approving the application, such additional conditions (e.g., hours of operation, etc.) may be applied as are • reasonably necessary to assure compliance with these standards and the purpose and intent of this Chapter 15. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable City code or ordinance, and they cannot, in effect, relax or grant relief from any of the City's minimum standards (see Subsection 3 below). Any conditions imposed shall be incorporated into or noted on the site plan for fmal approval. The Chief Building Inspector shall verify that the site plan incorporates all conditions set forth in the ordinance 7 authorizing a conditional use, and shall sign the site plan to indicate fmal approval. The City shall maintain a record of such approved site plans and conditions attached thereto. (3) Prohibition on Waivers and Variances — The foregoing additional conditions (i.e., standards of development for the SUP) shall not be subject to variances that otherwise could be granted by the City, nor may conditions imposed by the City subsequently be waived or varied by any Board or Commission of the City. In conformity with the authority of the City to authorize Specific Use Permits, the City may waive or modify specific standards otherwise made applicable to the use by this ordinance, to secure the general objective of this section; provided, however, that the City shall not waive or modify any approval factor set forth in this Chapter 15. (F) EFFECT OF ISSUANCE OF SPECIFIC USE PERMIT: (1) Issuance of Specific Use Permit shall be deemed to authorize only the particular use or structure for which it is issued. (G) EXPIRATION AND EXTENSION: (1) Special uses or structures for which a Specific Use Permit is issued shall be subject to the length of permit time specified by Section 23 of the Zoning Ordinance. One (1) extension of time may be granted only by the City Council for a period not to exceed one (1) year and only within the original period of validity. (2) Unless otherwise specified in the approved Specific Use Permit, application for a building permit shall be made within six (6) months of the date of the approval of the SUP, and final building inspection approval shall be obtained within two (2)years of the date of the issuance of the initial building permit. Permitted time frames do not change with successive owners. One(1)extension of time may be granted only the by City Council for a period not to exceed one (1) year and only within the original period of validity. (3) Development of the special use or structure shall not be carried out until the applicant has secured all other permits and approvals required by these regulations, the City, or state and federal agencies. (H) AMENDMENT: (1) No proposed or existing building,premise or land use authorized as a special use or structure may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the Specific Use Permit, unless such amendment is authorized in accordance with the standards and procedures set 8 f e? •,Y forth in this Chapter 15, and the Specific Use Permit and approved site plan are amended accordingly. (I) USE REGULATIONS: (1) Uses allowed by SUP are specified in Chapter 11 of the Zoning Ordinance. (J) ABANDONMENT OF SPECIFIC USE PERMITS: (1) The holder of a Specific Use Permit may voluntarily abandon the permit by written notice to the City Secretary. Upon receipt of such notice of voluntary abandonment, the City shall cancel the permit in accordance with the provisions of Subsection K. (2) Unless otherwise provided by the City Council, when the Chief Building Inspector, or his/her designee, has determined that the use authorized by a Specific Use Permit has ceased for two (2) years or more, the Chief Building Inspector shall endeavor to obtain the owner's consent to the cancellation of the SUP, and,if consent is obtained, shall cancel the permit in accordance with the provisions of Subsection K. If the Chief Building Inspector is unable to obtain such consent, the Chief Building Inspector shall seek revocation of the permit by the City Council in accordance with the provision of Subsection K. (K) REVOCATION OF SPECIFIC USE PERMITS: (1) If, in the opinion of the Chief Building Inspector,the holder of a SUP has been unwilling or unable to comply with any conditions imposed by the City in conjunction with the approved SUP, the Chief Building Inspector shall seek revocation of the SUP by the City Council and,for that purpose, shall provide written notice to the owner of the use or structure subject to the SUP no later than the tenth(10th)calendar day before the date that the City Council is to consider the revocation. Said notice shall be deemed delivered by placement of the written notice within the U.S. postal service at a location within the Cibolo municipal boundaries. The City Council shall hold a public hearing prior to consideration of the revocation of a Specific Use Permit. (L) RECONSIDERATION: (1) The City shall not consider an application for a Specific Use Permit within one (1) year following the date of fmal action by the City on a prior application if such application seeks substantially the same SUP sought in the previous application for the same parcel of land. 9 G • (M) WITHDRAWAL: (1) An applicant for a Specific Use Permit may be withdrawn by the applicant at any time; provided, however, that there shall be no refund of any fee(s)paid. SECTION 4. CUMULATIVE CLAUSE 'That this Ordinance shall be cumulative of all provisions of ordinances 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 even the conflicting provisions of such ordinances are hereby repealed. SECTION 5. SAVINGS That all rights and remedies of the City of Cibolo are expressly saved as to any and all violations of the provisions of any Ordinance affecting Comprehensive Zoning Ordinance Number 609 or the zoning and development of land within the City of Cibolo, 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 the Ordinance but be prosecuted until final disposition by the courts. SECTION 6. 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 the Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of the 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 7. EFFECTIVE DATE That this Ordinance shall be in full force and effective from and after its date of passage in accordance with law. AND IT IS SO ORDAINED. 10 t 1 .-9 PASSED AND APPROVED by City Council of the City of Cibolo, Texas this /'3 day of Dec 2005. /a41,/, Jo y Sutton, /for 19,f of Cibolofexas ATTEST: Peggy Cimics, City Secretary City of Cibolo,Texas 11