ORD 732 04/25/2006 ORDINANCE NO. 7 3 2
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,
AMENDING ORDINANCE NO. 609 ZONING ORDINANCE BY
AMENDING CHAPTER 14 GENERAL PROVISIONS & EXCEPTIONS;
USE,HEIGHT AND AREA REGULATIONS BY ADDING PARAGRAPH
M., EXCEPTION TO MINIMUM DESIGN CRITERIA; PROVIDING
FOR INCORPORA'HON; 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 & Exceptions; Use, Height and Area Regulations shall be
amended by adding Paragraph M. Exception to Minimum Exterior Design Criteria to
read as follows:
"M. Exception to Minimum Exterior Design Criteria
1. Exceptions to the exterior design criteria as specified by Chapter 14 General
Provisions and Exceptions; Use, Height and Area Regulations, Paragraph L
may be permitted on a case-by-case basis. All requests for alternative
exterior designs shall be submitted to the Planning and Zoning Commission
for recommendation to the City Council on a form required by the City of
Cibolo.. If required by the City, a site plan must be submitted with the
exception request with elevation drawings and samples of the material(s)
proposed.
2. The Planning and Zoning Commission may recommend alternatives to the
exterior design criteria if said alternatives result in a development that meets
the spirit and intent of Chapter 14 General Provisions and Exceptions; Use,
Height and Area Regulations, Paragraph L and results in a development
design that that is determined by the Planning and Zoning Commission to be
equivalent to or better than the minimum exterior design criteria specified.
3. Consideration for exceptions to the exterior design criteria may be
authorized to achieve the following:
a. Architectural design and creativity — exceptions may be considered to
achieve a specific architectural theme or design that requires the use of
alternative materials than those specified; or
b. Compatibility with surrounding developed properties — exceptions may
be considered to provide for a design that is consistent with and
compatible to the design of development on immediately adjacent lots or
lots in the immediate vicinity; or
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c. Accommodation of unique physical features — exceptions may be
considered to address unique physical characteristics of the subject tract
that are not created by the property owner or developer. Said physical
features shall include, but not be limited to, topography, shape, grade,
and lot size.
4. The Planning and Zoning Commission may recommend exceptions with any
conditions or requirements it deems necessary to ensure that the spirit and
intent of the Zoning Ordinance are met, to ensure that the value of adjacent
properties are preserved, and to mitigate any negative impacts.
5. Following a Planning and Zoning Commission recommendation, the City
Council shall take final action to consider exceptions with any conditions or
requirements it deems necessary to ensure that the spirit and intent of the
Zoning Ordinance are met, to ensure that the value of adjacent properties are
preserved, and to mitigate any negative impacts.
6. The approval of exceptions will not be deemed to have established a
precedent and the City Council shall state its fmdings in writing used as the
basis for granting any exceptions."
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 upon the approval of the City Council of the City
of Cibolo, Texas, and the publication of the fees twice in the newspaper of record AND
IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of L/ for to ( against this -5th day of
/9/0.-;/ ,2006.
APPROVED:
/
or Jo OrSutton
ATTEST:
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Peggy Cimics, City Secretary
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