ORD 757 08/08/2006 Ord.609,Zoning Regulations,Amended Eff.08.08.06
ORDINANCE NO. 7 5 7
AN ORDINANCE BY THE CITY COUNCIL OF THE, CITY OF CIBOLO, TEXAS, AMENDING
ORDINANCE NO. 609 AND ESTABLISHING ZONING REGULATIONS PROVIDING: POLICIES AND
PROCEDURES AS ALLOWED UNDER THE TEXAS LOCAL GOVERNMENT CODE; COMPREHENSIVE
ZONING AND PLANNED DEVELOPMENT DISTRICT REGULATIONS; ZONING MAPS; GENERAL
PROVISIONS; EXCEPTIONS; USE, HEIGHT AND AREA REGULATIONS; SPECIAL USES AND
STRUCTURES; CONDITIONAL USES; SITE PLANS; VISUAL SCREENING; OFF-STREET PARKING
AND LOADING REGULATIONS; NON-CONFORMING BUILDINGS AND USES; ZONING DISTRICT
BOUNDARY VERIFICATION PROCEDURES; ZONING OF ANNEXED AREAS; ADMINISTRATIVE
RULES AND PROCEDURES; DEFINITIONS; APPENDICES; PROVIDING OTHER PROVISIONS
RELATING TO THE SUBJECT; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND
AMENDMENT THEREOF; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL OTHER
ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING A PENALTY FOR VIOLATIONS AND
ESTABLISHING EACH DAY OF SUCH VIOLATION AS A SEPARATE OFFENSE; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, §211 of the Texas Local Government Code empowers the City of Cibolo to establish,
administer, enforce and amend Zoning Regulations; 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, pursuant to the provisions of §211 of
the Texas Local Government Code, has recommended boundaries of the zoning districts and
appropriate regulations to be enforced therein; 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 uses, 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 has given due notice as required under
§211 of the Texas Local Government Code relating to these provisions and has held public
hearings as required; 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 such an ordinance.
NOW THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS,
THAT:
ORDINANCE No. 609 be amended and established as attached in "Exhibit A."
Section 1. 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 6, 2006; and
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
Section 2. PUBLIC HEARINGS
Whereas two public hearings were held before the public regarding the amendment and
establishment of these provisions being held before a quorum of the City of Cibolo Planning and
Zoning Commission on Tuesday, July 18, 2006 at 7:00 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, July 25, 2006
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 proposed amendments to Ordinance No. 609 as
required by the Texas Local Government Code§211; and
Section 3. INVALIDITY OF A PART
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 4. 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 5. SAVING CLAUSE
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 6. EFFECTIVE DATE
That this Ordinance shall be effective upon the approval of the City Council of the City of
Cibolo, Texas and the publication twice in the newspaper of record AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of for, to against, this day of August,
2006.
SIGNED:
•o ny S o' Mayor
ity o •olo, Texas
ATTEST)
44
Peggy Cimics, City Secretary
City of Cibolo, Texas
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
"EXHIBIT A"
Ordinance No. 609
Effective August 8th, 2006
Ord. No. 609, as amended and included, as follows:
Ordinance no. 621 January 13, 2004
Ordinance no. 640 May 11, 2004
Ordinance no. 672 March 22, 2005
Ordinance no. 684 June 28, 2005
Ordinance no. 700 December 13, 2005
Ordinance no. August 8, 2006
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CITY OF CIBOLO
ZONING ORDINANCE N0. 609 AMENDMENTS
TABLE OF CONTENTS
CHAPTER 1. PLANNING AND ZONING COMMISSION 4
CHAPTER 2. POLICY GOALS 7
CHAPTER 3. URBAN SERVICE POLICY 8
CHAPTER 4. THOROUGHFARES AND COLLECTOR STREETS 9
CHAPTER 5. PARKS AND RECREATION 10
CHAPTER 6. COMPREHENSIVE ZONING REGULATIONS 11
CHAPTER 7. CONFORMITY TO LAND USE REGULATIONS 12
CHAPTER 8. REGULATIONS FOR ALL DISTRICTS 13
CHAPTER 9. CONFORMITY TO YARD AND SETBACK REQUIREMENTS 14
CHAPTER 10. ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES 15
CHAPTER 11. RESERVED 45
CHAPTER 12. ZONING MAPS 45
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 13. PLANNED DEVELOPMENT DISTRICTS 46
CHAPTER 14. GENERAL PROVISIONS AND EXCEPTIONS; USE, HEIGHT AND AREA REGULATIONS 50
CHAPTER 15. SPECIAL USES AND STRUCTURES;CONDITIONAL USES 55
CHAPTER 16. SITE PLAN , 73
CHAPTER 17. VISUAL SCREENING 82
CHAPTER 18. OFF-STREET PARKING AND LOADING REGULATIONS 93
CHAPTER 19. NON-CONFORMING BUILDINGS AND USES 101
CHAPTER 20. UNCERTAIN DISTRICT BOUNDARY VERIFICATION PROCEDURE 103
CHAPTER 21. ZONING OF ANNEXED AREAS 104
CHAPTER 22. ADMINISTRATIVE RULES 106
CHAPTER 23. ENFORCEMENT AND ADMINISTRATION OF REGULATIONS 108
CHAPTER 24. DEFINITIONS 109
APPENDIX.OLD ZONING DISTRICT REGULATIONS
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 1 PLANNING AND ZONING COMMISSION
A. Planning and Zoning Commission Created
1. A Commission of the City Council of the City of Cibolo, Texas, is hereby
created which shall be known as the Cibolo Planning and Zoning
Commission. The commission shall consist of seven members.
2. A chairperson, vice-chairperson and secretary shall be elected annually
among the commission members at its first meeting in July, and at
other times as such offices become vacant. In the absence of both the
chairperson and vice-chairperson, the commission shall appoint an
acting chairperson.
3. There shall be Parliamentarian appointed by the Planning and Zoning
Commission to insure "Roberts Rules of Order", latest revision, the
provisions of the Texas Open Meetings Law and applicable City
Ordinances are complied with. The Parliamentarian shall keep the order
and limit citizen input to three minutes per topic while the meeting is
being conducted.
4. There shall be seven places on the commission being defined as Place
#1, Place#2, Place#3, Place#4 Place#5, Place#6, and Place#7.
B. Length of Appointment
The members of the commission shall serve a two-year (2) term. Each term
shall expire on the first day of July. A member shall continue to serve until the
Mayor appoints his/her successor with approval by the City Council. Four
members shall serve terms that end on the first day of July, 2005, and whose
term shall thereafter expire every two years during odd numbered years. Three
members shall serve terms that end on the first day of July; 2004, and whose
terms shall thereafter expire every two years during even numbered years.
C. Term Limits
No commission member may serve more than four consecutive terms. After a
two year absence, a member is eligible for re-appointment.
D. Vacancies
As the terms of office of said positions terminate, the City Council shall, as
soon as possible, or within sixty (60) days after such expirations, appoint
members to fill such vacancies for a term of two years. The Council, if interim
vacancies occur, shall appoint a successor for the remainder of the unexpired
term.
E. Circumstances for Cause of Dismissal from the Commission
1. Members must attend at least fifty (50%) percent of all regular and
special meetings during each six (6) months of their tenure regardless
of cause of absence and regardless of excuse. The six (6) month period
shall be from January 1 through June 30, and from July 1, through
December 31, of each year. Failure to comply with attendance
requirements will be considered as resignation from the Commission.
In the event of such termination, the Chairperson of the Commission
shall immediately notify the City Council who shall then take
immediate steps to fill the vacancy.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
2. Notification of impending absence (through electronic media) to other
Commission members shall be in compliance with the Texas Open
Meetings Act.
3. A recommendation of removal from the Commission shall be forwarded
to the City Council for any Commission member that commits, at any
time for official misconduct or unethical acts as outlined in the Local
Government Code§21.002.
F. , Meetings
1. Regular meetings shall be held monthly unless a lack of agenda items
allows for a meeting not to be held. The meetings shall be held on the
3rd (third) Tuesday of every month at 7:00 P.M. in the City Council
Chambers of City Hall. Special meetings may be required at the
request of the chairperson or at the request of Mayor and/or City
Council. The time and place of both special and regular meetings are
subject to change upon proper notification of all members of the
Commission.
2. The City staff shall provide The Planning and Zoning Commission with
an informational package containing a copy of the agenda for the
impending meeting, a synopsis of each agenda item, as required, any
supporting documents for each agenda item and a summary indicating
compliance or non=compliance with City Ordinances. This informational
package shall be in the form of a hard copy and transmitted
electronically, as required. The hard copy shall be made available at
the City Hall Building on the Friday prior to the impending meeting. If a
Planning and Zoning Commission member does not acquire and utilize
the hard copy for 2 (two) consecutive meetings, the hard copy will be
discontinued to be provided to that member.
G. Parliamentary Procedure; Meetings Open to Public
1. The Commission will conduct its meetings in conformance to "Roberts
Rules of Order", latest revision, which shall be the Commission's final
authority on all questions of procedure and parliamentary law.
2. A quorum shall consist of a majority of the entire membership of the
Commission and any issue to be voted on shall be resolved by a
majority of those present.
3. The Chairperson shall only be entitled to vote in cases where a vote by
the Commission members results in a tie. The vote of the Chairman
shalt then determine the outcome of the issue.
4. Meetings shall be open to the public and minutes shall be kept, and
shall be treated as a public record. All meetings shall be held in full
compliance with the provisions of the Texas Open Meetings Act and
applicable City Ordinances.
H. Powers and Duties of the Commission
1. To formulate a comprehensive plan for the orderly growth and
development of the city, and periodically recommend changes to the
City Council for its action in updating plans and polices to facilitate the
implementation of a comprehensive plan.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
2. On a continuing basis, review, develop and update the Zoning
Ordinances, annexation plans, capital improvements plans, plans to
facilitate the goals of a comprehensive plan and other matters
affecting the development of the City and recommend to the City
Council, for its action, amendments necessary to adjust to changing
conditions.
3. Review and recommend to the City Council, for its action, proposed
subdivision plats to guide the development of new residential
subdivisions in accordance with the City's ordinances.
4. Review and recommend to the City Council, for its action, alterations
to existing building, plumbing, electrical, and related codes as
necessary.
5. Make and recommend to the City Council, for its action, plans for the
clearance and rebuilding of depressed districts and blighted areas,
which may develop in the City.
6. Make and recommend to the City Council, for its action, highway
facilities and proposed extensions thereof.
7. Perform other such duties as may be duly delegated to the Planning and
Zoning Commission from time to time by the City Council.
Commission to be declared Adjunct to the City Council
The Cibolo Planning and Zoning Commission is hereby declared to be adjunct to
the City Council. All administrative personnel of the City are hereby authorized
and directed to cooperate and assist the Zoning Commission at all reasonable
times.
J. Compensation of Members
Members of the Planning and Zoning Commission shall serve without
compensation. However, the City Council may authorize the payment of any
expense(s) for travel and meetings and similar costs which may be incurred by
members in conjunction with the performance of their duties as members of
the Planning and Zoning Commission.
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CHAPTER 2 POLICY GOALS
Policy Goals Facilitating the Planning and Zoning Effort
The following policy goals are hereby adopted as part of the Zoning Ordinance.
These policies are intended as a guide for the land development process of the
City of Cibolo, and for other programs including cooperative efforts with other
governmental agencies and the private sector. These policy goals will facilitate
the development of the City's comprehensive plan and shall be updated
annually by the Planning and Zoning Commission and the City Council. This
Zoning Ordinance is one means to carry out these goals.
General Goals
The City shall endeavor to the fullest extent practicable to maintain the
current high levels of air and water quality, and otherwise to preserve the
natural and man-made resources of the community.
The City shall continue to support the development of a wide variety of
commercial, industrial, residential and other land uses with an equally strong
commitment to each category.
The City shall continue to strive to provide for a wide variety of housing types
and life styles through the support of residential land use development.
The City shall continue to be committed to the preservation and enhancement
of residential neighborhoods regardless of housing type.
Annexation Policies
Annually in conjunction with the review of a capital improvements program,
the City shall also review a proposal for territory to be annexed, if any, and for
territory to be studied for possible future annexation.
The City shall, to the fullest extent practicable, consider annexation and
original zoning of new territory in a coordinated manner, and the City shall
adopt original zoning for new territory as soon after annexation as practicable.
Where the City intends to provide municipal services to territory adjacent to
the corporate limits, the City shall first insure that such territory is scheduled
for annexation.
It is understood that a Home Rule City such as Cibolo does not have the
authority to require non-residents to become part of the City without their
consent. Nevertheless, the City, as a matter of policy, shall encourage non-
residents to come into the City by making them aware of the services the City
has to offer.
The City shall endeavor to the fullest extent practicable to establish the
boundaries of its extra-territorial jurisdiction along property lines or recognized
service area dividing lines.
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CHAPTER 3 URBAN SERVICE POLICY
The City shall regard necessary improvements in the urban services system to
existing residential neighborhoods, businesses, and industries as a priority to
the very highest magnitude.
The City shall strive towards efficiency and economy in the area of urban
service delivery. It shall provide a high quality of services at the lowest
possible cost under the principal of equity to all residence throughout the City.
The City shall provide urban services to new development in such a manner as
to attain for the respective new development and to preserve for developments
already served, the prevailing high level of service.
The City shall, to the fullest extent practicable, endeavor to insure a source of
water supply sufficient to serve existing and anticipated water needs.
The City shall, to the fullest extent practicable, endeavor to insure the proper
provision of wastewater treatment facilities sufficient to serve existing and
anticipated wastewater treatment needs.
The City shall, to the fullest extent practicable, endeavor to insure the proper
provision of solid waste disposal service sufficient to serve existing and
anticipated solid waste disposal needs.
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CHAPTER 4 THOROUGHFARES AND COLLECTOR STREETS
The City shall insure, to the fullest extent practicable, that new growth occurs
in such a manner as to preserve the primary function that major thoroughfares
and collector streets serve in relation to traffic circulation.
The City shall endeavor to acquire additional street and road right of ways
sufficient to serve the expressly identified traffic circulation requirements.
The City shall endeavor to make or cause to be made improvements in the
Interstate Highway System and surrounding county roads in the vicinity of the
City of Cibolo.
The City shall cause to occur interconnectivity and secondary means of access
through the city to the extent possible, inter-linking developments, one to the
other.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 5 PARKS AND RECREATION
The City shall insure that an adequate amount of open space and parkland is
made available for public use.
Annually the City shall review and assign priorities for the development of
existing parkland, acquisition of new parkland, and the development of new
parkland.
The acquisition and continued development of the park system shall be
consistent with community growth patterns.
The City shall concentrate on the development of a Regional City Park and
community parks.
The City, in cooperation with all political subdivisions, shall encourage the
support of the City's existing park and all kinds of parks.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 6 COMPREHENSIVE ZONING REGULATIONS
This section is enacted for the purpose of promoting the health, safety, and the
general welfare of the community and for the protection and preservation of
places and areas of historical and cultural importance and significance, and in
accordance with applicable State law, to lessen congestion in the streets; to
secure safety from fire, panic, and other dangers; to promote health and the
general welfare; to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewage, schools, parks, and other
public requirements.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 7 CONFORMITY TO LAND USE REGULATIONS
No person, firm or corporation shall erect, construct enlarge, alter, repair
move, improve, remove, convert or demolish any building or structure in the
city limits or cause the same to be done, without first obtaining a building
permit for such building or structure from the Building Inspections Department.
No open space surrounding any buildings shall be encroached upon or reduced
in any manner, unless.
The same shall conform to the set back, building site area, building location
and land use regulation herein designated for the district in which the building
or open space is located, or variance request has been applied for and approved
by the City Council for the encroachment.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 8 REGULATIONS FOR ALL DISTRICTS
A. No building or structure shall be erected, constructed, reconstructed or altered, nor
shall any building, structure or land be used for any purpose other than is permitted in
the district in which such building, structure or land is situated.
B. No building or structure shall be erected, constructed, reconstructed or altered to
exceed the height limit herein established for the district in which such building or
structure is located.
C. No lot area shall be reduced or diminished so that the yards or other open space shall
be smaller than prescribed by this ordinance, nor shall the density of population be
increased in any manner, except in conformity with the area regulations established
herein.
D. No parking area, parking space, or loading space which existed at the time this
ordinance became effective or was subsequent thereto is provided for the purpose of
complying with the provisions of this ordinance, shall thereafter be relinquished or
reduced in any manner below the requirements established by this ordinance; and every
building hereafter erected shall be located on a lot as herein described, and in no case
shall there be more than 1 (one) building on 1 (one) lot, except as hereinafter provided.
E. All such cases shall comply with this ordinance and all other applicable ordinances, and
prior to the installation of any tower or antenna pursuant to this and all other amended
sections of this ordinance, the owner of such tower or antenna shall send written notice
to the building inspections department, which notice shall include the location, size,
and configuration of such tower or antenna. Administrative approval for the following
conforming uses may be obtained by submitting the required information set forth in
this ordinance, to the building inspections department.
F. All districts shall adhere to the requirements in the International Residential Fire Code.
If the requirements of this ordinance differ from the International Residential Fire Code
requirements, the more stringent shall be met
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 9 CONFORMITY TO YARD AND SETBACK REQUIREMENTS
A. Applicability
All new construction as of the date of passage of this ordinance shall be built in
complete compliance as to minimum lot area, height restrictions, minimum lot width,
minimum lot depth, and yard and setback requirements established for each zoning
district respectfully. The minimum yard and setback requirements for each zoning
district created by this ordinance are indicated in this ordinance. In addition to the
minimum setbacks described in this ordinance the following shall also apply:
1. Side yards - Every part of a required side yard shall remain unobstructed except
for:
a. Permitted accessory buildings not to extend closer than 5' (five feet)
from the bordering common property line, and no closer than 10' (ten
feet)to any building on the same lot.
b. Ordinary windowsills and architectural features not to exceed 12"
(twelve inches)
c. Roof eaves not to project more than 24" (twenty-four inches) into the
required side yard
d. Fire escapes not to project more than 3' (three feet) into the required
side yard.
2. Front yards: No building shall be erected, reconstructed, or altered beyond the
required front yard setbacks specified in this ordinance in accordance with the
district classification set forth.
3. Rear Yards: All main structures herein constructed will comply with the
minimum rear yard requirements as set forth in this ordinance in accordance
with the district classifications set forth. There shalt be a rear yard on every
lot.
B. Exemptions
The development and use of public utility easements for public utility purposes are
exempt from regulations by this ordinance.
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CHAPTER 10 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES
A. General
1. The establishment of zoning districts shall comply with Section 211.007 of
Chapter 211 of The Local Government Code of the Texas State Statutes.
2. The Planning and Zoning Commission shall recommend boundaries for the
original zoning districts and appropriate zoning regulations for each district.
3. The Planning and Zoning Commission shall make a preliminary report and hold
public hearings on that report before submitting a final report to the City
Council. The City Council may not hold a public hearing to amend zoning
regulations or zoning designations until it receives the final report of the
Planning and Zoning Commission unless the City Council provides that a public
hearing is to be held, after the required notice, jointly with a public hearing
required to be held by the Planning and Zoning Commission. In either case, the
City Council may not take action on the matter until it receives the final report
of the Planning and Zoning Commission.
4. Public notice shall be provided as required by L.G.C.S 211. Notice shall be
served to each owner, as indicated by the most recently approved City tax roll.
5. The notice may be served by its deposit in the City, properly addressed with
postage paid, in the United States mail.
B. Old Zoning District Designations
For the purpose of regulating and restricting the use of land and the erection,
construction, and alteration of buildings or structures prior to April 1, 2003, the City of
Cibolo is hereby divided into 12 (twelve)districts as follows:
Old Designation Old Zoning District
RESIDENTIAL
R-1 Residential Single Family Large Lot
R-2 Residential Single Family Standard Lot
R-3 Residential Single Family Standard Lot
MF Residential Multi-Family Lot
MH Residential Manufactured Homes (In a Manufactured Homes Pz
COMMERCIAL
C-1 Commercial (Light)
C-2 Commercial (Medium)
INDUSTRIAL
I-1 Industrial (Light)
SPECIAL
PD Pre-Development
OP Open Space/Park
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SO Overlay District
NOTE: Regulations for these districts are provided in Appendix A of this ordinance.
C. Current Zoning District Designations
For the purpose of regulating and restricting the use of land and the erection,
construction, alteration of and use of buildings or structures, the above district
designations are changed and new districts are created. The use of the new
designation numbers and new zoning districts shall be effective as follows:
AU land in the City of Cibolo shall have a zoning designation. The definitions of these districts
are listed below. The zoning districts for the City of Cibolo are as follows:
Zoning RU, Residential Single Family- Rural
District
1. Old zoning designation - Rural
2. New zoning designation - RU
3. Option - N/A
4. District Classification- Residential Single Family- Rural
5. Intent- To establish and preserve areas of low
density land use, primarily devoted to
low density residential development.
No mobile/manufactured/modular
homes permitted.
6. Permitted uses- (a) One (1) Single-family dwelling unit
per lot, their customary related
accessory buildings and farms.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
for such parks.
(c) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d) Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e) Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 85,000
(b)Minimum Lot Width 200'
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(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 50'
(e)Minimum Rear Setback 20'
(f)Minimum Side Setback 30'
(g) Maximum Height of Principal 35'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Rural Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3)Of principal building (4)'All
lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning R-1 D, Residential Single Family Low
District Density
1. Old zoning designation - N/A
2. New zoning designation - R-1 D
3. Option - D-Detached Garage Required
4. District Classification - Residential Single Family Low Density
5. Intent- To establish and preserve areas of low
density land use, primarily devoted to
low density residential development.
No mobile/manufactured/modular
homes permitted.
6. Permitted uses - (a) One (1) Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d) Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e) Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 10,000
(b)Minimum Lot Width 75'
(c)Minimum Lot Depth 125'
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(d)Minimum Front Setback 30'
(e)Minimum Rear Setback 10'
(f)Minimum Side Setback 5'
(g) Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Low Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
AU lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning R-2B, Residential Single Family Medium Density
District
1. Old zoning designation - N/A
2. New zoning designation - R-2B
3. Option - B-55 Ft. Width
4. District Classification - Residential Single Family Medium
Density
5. Intent- To establish and preserve areas of
medium density land use primarily
devoted to medium density residential
development. No
mobile/manufactured/modular homes
permitted.
6. Permitted uses- (a) One (1) Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d) Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e) Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 6,000
(b)Minimum Lot Width 55'
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(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 5'
(g) Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Medium Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
All lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning R-2D,Residential Single Family Medium Density Detach
District
1. Old zoning designation - N/A
2. New zoning designation - R-2D
3. Option - D-Detached Garage
Required
4. District Classification - Residential Single Family Medium
Density Detach
5. Intent- To establish and preserve areas of
medium density land use primarily
devoted to medium density residential
development. No
mobile/manufactured/modular homes
permitted.
6. Permitted uses - (a) One (1) Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d) Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e) Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
(a)Minimum Lot Area in square feet 6,000
(b)Minimum Lot Width 50'
(c)Minimum Lot Depth 120'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 10'
(f)Minimum Side Setback 5'
(g) Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETI Classification Medium Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
All lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning R-3D, Residential Single Family Medium Density
District
1. Old zoning designation - N/A
2. New zoning designation - R-3D
3. Option - D-Detached Garage Required
4. District Classification - Residential Single Family Medium
Density
5. Intent- To establish and preserve areas of
medium density land use primarily
devoted to medium density residential
development. No mobile/
manufactured/modular homes
permitted.
6. Permitted uses- (a) One (1) Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d) Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e) Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
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Ord.609,Zoning Regulations,Amended ' Eff.08.08.06
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 5,000
(b)Minimum Lot Width 50'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 20'
(e)Minimum Rear Setback 10'
(f)Minimum Side Setback 5'
(g) Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Medium Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
All lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning R-4G, Garden Home
District
1. Old zoning designation - N/A
2. New zoning designation - R-4G
3. Option - NA
4. District Classification - Garden Home
5. Intent- To establish and preserve areas of high
density land use primarily devoted to
medium density residential
development. No mobile/
manufactured/modular homes
permitted.
6. Permitted uses- Single-family residential zero lot line
homes. One (1) dwelling unit per lot,
and community recreational facilities.
(a) One (1) Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d) Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
(e) Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 4,500
(b)Minimum Lot Width 45'
(c)Minimum Lot Depth 80'
(d)Minimum Front Setback 20'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'-1 side
(g) Maximum Height of Principal 50'
Building
(h)Maximum Lot Coverage 50%
(i) ETJ Classification High Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
All lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning R-5, Condo/Townhouse
District
1. Old zoning designation - N/A
2. New zoning designation- R-5
3. Option - NA
4. District Classification - Condo/Townhouse
5. Intent- To establish and preserve areas of high
density land use, primarily devoted to
high density multi-family residential
development.
6. Permitted uses- (a) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(b) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(c) Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(d) Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
(e) All permitted uses in R-3 Districts,
single-family residential Townhouses,
Page 24
Ord.609,Zoning Regulations,Amended Eff.08.08.06
two family dwellings, Townhouse
dwelling, apartments not to exceed
thirty (30) units per acre, and cluster
housing not to exceed fifteen (15)
units per acre. No
mobile/manufactured/modular homes
permitted.7B.1-1.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 4,000
(b)Minimum Lot Width 40'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 20'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'-1 side
(g) Maximum Height of Principal 50'
Building
(h)Maximum Lot Coverage 50%
(i) ETJ Classification High Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
All tot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning PD, Planned Development
District
1. Old zoning designation - PD
2. New zoning designation - PD
3. Option - Not Applicable
4. District Classification - Planned Development
5. Intent- This is a temporary zoning until the
proper zoning classification is
established and reviewed by the
Planning and Zoning Commission, with
final approval from the City Council.
6. Permitted uses- N/A, until zoning designations are
determined.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet N/A
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback N/A
(e)Minimum Rear Setback N/A
(f)Minimum Side Setback N/A
(g) Maximum Height of Principal N/A
Building
Page 25
Ord.609,Zoning Regulations,Amended Eff.08.08.06
(h)Maximum Lot Coverage N/A
(i) ETJ Classification Planned Development
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
All lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning CBD, Central Business District,
District
1. Old zoning designation - N/A
2. New zoning designation - CBD
3. Option - N/A
4. District Classification - Central Business District
5. Intent- To provide low density goods and
services.
6. Permitted uses- (a) Barber and beauty shops, including
animal grooming shops.
(b) Battery stations.
(c) Bicycle repair shops, electrical
repair and"fix-it"shops.
(d)Clinic (medical or dental).
(e) Filling stations provided all storage
tanks for gasoline shall be below the
surface of the ground.
(f) Greenhouses (commercial).
(g) Laundries.
(h)Miniature golf course.
(i) Offices, business or professional,
including banks.
(j) Radio and television shops.
(k) Restaurants, cafes or cafeterias,
drive-in and refreshment stands.
(l) Shoe repair shops.
(m) Stores, shops and markets for
retail trades.
(n) Art, dance, music, drama,
reducing, photographic, interior
decorating
(o) Kindergarten.
(p)Children's nursery.
(q) Any retail business or use of a
similar character to those listed above
and not included in or excluded from
any other district described herein,
provided that such use is not noxious
Page 26
Ord.609,Zoning Regulations,Amended Eff.08.08.06
or offensive by reason of vibration,
noise, odor, dust, smoke or gas.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 1,600
(b)Minimum Lot Width 40'
(c)Minimum Lot Depth 40'
(d)Minimum Front Setback 20'
(e)Minimum Rear Setback 10'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal 35'
Building
(h)Maximum Lot Coverage 75%
(i) ETJ Classification Business
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
Alt lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning C-1 R, Commercial Business District- Light Density
District Retail
1. Old zoning designation- N/A
2. New zoning designation - C-1 R
3. Option - N/A
4. District Classification - Commercial Business District- Light
Density Retail
5. Intent- This district contains low-density
commercial uses that are intended to
serve adjacent neighborhoods. They
are generally clustered at major
intersections of collector streets near
the perimeters of residential
neighborhoods.
6. Permitted uses- (a) Bakeries
(b) Barber and beauty shops, including
animal grooming shops
(c) Battery stations.
(d) Bicycle repair shops, electrical
repair and"fix-it"shops
(e) Cleaning, pressing and dyeing
establishments, provided that only
non- explosive cleaning fluids shall be
used
(f)Clinic (medical or dental)
(g) Filling stations provided all storage
Page 27
Ord.609,Zoning Regulations,Amended Eff.08.08.06
tanks for gasoline shall be below the
surface of the ground.
(h) Laundries
(i)Miniature golf course
(j) Offices, business or professional,
including banks.
(k) Photographic printing shops.
(I) Radio and television shops
(i) Restaurants, cafes or cafeterias,
drive-in and refreshment stands
(m)Schools operated as a business
(n) Shoe repair shops.
(o) Shops for custom work, or the
manufacture of articles to be sold at
retail only, on the premises, provided
that such manufacturing use is not
noxious or offensive by reason of
vibration, noise, odor, dust, smoke or
gas.
(p) Stores, shops and markets for retail
trades.
(q) Studios (art, dance, music, drama,
reducing, photographic, interior
decorating).
(r)Theaters except drive-in theaters.
(s) Kindergarten.
(t) Daycare Facility(child, adult)
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 2,025
(b)Minimum Lot Width 50'
(c)Minimum Lot Depth 40'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal N/A
Building
(h)Maximum Lot Coverage 75%
(i) Eli Classification Light Density Retail
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
All lot and setback dimensions listed are minimum requirements and are shown in feet.
Page 28
Ord.609,Zoning Regulations,Amended Eff.08.08.06
Zoning C-2R, Commercial Business District-Medium Density Retail
District
1. Old zoning designation - N/A
2. New zoning designation- C-2R
3. Option - N/A
4. District Classification - Commercial Business District- Medium
Density Retail
5. Intent- The majority of uses in this district
consist of medium density office,
retail, restaurant, and service
activities that are used primarily by
shoppers, workers, and nearby
residents.
6. Permitted uses - (a)Those listed in "CBD"
(b)Automobile or trailer sales rooms or
yards, provided no vehicle shall be
displayed or parked outside the
building within ten feet (10') of the
front and/or side curb-lines of said
property, nor, in the case of a corner
lot, shall any vehicle be displayed or
parked within the area embraced by
the radius of the curb and a straight
line drawn diagonally between the
beginning points of the radius.
(c) Billiard halls, bowling alleys,
shooting galleries, skating rinks, and
similar commercial recreation
buildings or activities.
(d) Bus passenger stations.
(e) Repair garages, tune-up shops,
lubrication shops, muffler shops and
similar specialty service and
maintenance establishments, other
than premises where vehicles are
dismantled or used parts are sold,
provided that no repair facilities or
activities shall be maintained or
carried on outside of the building;
provided that no body or fender
repairs shall be conducted on any
premises adjacent to the side or rear
of any residential zoning district; and
provided that no wrecked, junked or
otherwise inoperative vehicle shall be
stored or parked on the premises
except while awaiting repair and
Page 29
Ord.609,Zoning Regulations,Amended Eff.08.08.06
except under cover of a permanent
screening fence of masonry and/or
solid wood (weather-resistant
redwood, cedar, or equal not less than
six feet (6') in height). Facilities
located on corner tots may front on
either street and shall provide not
more than one driveway entrance and
one driveway exit to the building.
(f) Newspaper publishing plants.
(g) Farm machinery sales and service,
provided no repair facilities shall be
maintained or carried on outside the
building, and no machinery shalt be
displayed outside within thirty feet
(30')of the front lot line.
(h) Any retail business or use of a
similar character to those listed above
and not included in or excluded from
any other district described herein,
provided that such use is not noxious
or offensive by reason of vibration,
noise, odor, dust, smoke or gas.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 3,000
(b)Minimum Lot Width 60'
(c)Minimum Lot Depth 55'
(d)Minimum Front Setback 20'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal 35'
Building
(h)Maximum Lot Coverage 80%
(i) ETJ Classification Medium Density Retail
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4)
All tot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning NS, Neighborhood Services
District
1. Old zoning designation - N/A
2. New zoning designation - NS
3. Option - N/A
4. District Classification - Neighborhood Services
5. Intent- This district contains low-density
commercial retail uses that are intended
Page 30
Ord.609,Zoning Regulations,Amended Eff.08.08.06
to serve adjacent neighborhoods. They
are generally clustered at major
intersections of collector streets near the
perimeters of residential neighborhoods.
6. Permitted uses-
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 4,500
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal 35'
Building
(h)Maximum Lot Coverage 50%
(i) ETI Classification Neighborhood Services
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) All
lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning PB, Professional Business
District
1. Old zoning designation - N/A
2. New zoning designation - PB
3. Option - N/A
4. District Classification - Professional Business
5. Intent- To create a district of professional offices
intended to serve the community as well
as adjacent neighborhoods.
6. Permitted uses- (a) Any use permitted in any residential
district.
(b)Accounting, auditing, bookkeeping and
tax preparation services.
(c) Attorney and legal services including
court reporting.
(d) Business, administrative, professional,
and social service offices.
(e) Computer programming and data
processing, except no sales, leasing,
rental, repair, or assembly activities are
permitted.
(f)Consulting services.
(g) Engineering, architecture, surveying or
other similar type of service provided that
Page 31
Ord.609,Zoning Regulations,Amended Eff.08.08.06
no outdoor storage of equipment or
vehicles shall be visible from the street.
(h) Insurance agents and broker services.
(i) Medical, dental or optical offices,
health care services, clinics or
laboratories excluding scientific and
research, and pharmacies provided such
activities and facilities are entirely within
the same building.
(j) Photographic studios but not the sale
of photographic supplies or camera shops.
(k) Real estate offices.
(l) Security and commodity brokers,
dealers, exchanges and services.
(m)Travel agents and services.
(n)Answering and message services.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 8,000
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal 35'
Building
(h)Maximum Lot Coverage 50%
(i) ETJ Classification Professional Business
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) All
lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning C-3R, Big Box Retail
District
1. Old zoning designation - N/A
2. New zoning designation - C-3R
3. Option- N/A
4. District Classification - Big Box Retail
5. Intent- To allow for large stand alone retail
establishments to provide goods and
services
6. Permitted uses- (a) Stand only retail establishments
providing goods and services
Page 32
Ord.609,Zoning Regulations,Amended Eff.08.08.06
(b) Home improvement retail warehouses
(c) Retail warehouse grocery and home
goods supply sales.
(d) Other similar establishments as
described in (a)through (c)
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 15,000
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback 30
(e)Minimum Rear Setback 15
(f)Minimum Side Setback 10
(g) Maximum Height of Principal 35
Building
(h)Maximum Lot Coverage 80%
(i) ETJ Classification Large Retail
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) All
lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning C-1G, General Light Commercial
District
1. Old zoning designation - N/A
2. New zoning designation - C1G
3. Option - N/A
4. District Classification - General Light Commercial
5. Intent- This category is designed for a broad
range of office and retail uses. The
intent of this district is to provide
services to the entire community and are
generally clustered on major
thoroughfares.
6. Permitted uses- (a) Frozen food storage for families.
(b)Mortuaries
(c)Miniature golf courses.
(d) Restaurants, cafes, cafeterias, drive-in
restaurant, and refreshment stands.
(e) Schools operated as a business.
(f) Studios (dancing, music, drama,
reducing, exercise, etc.)
(g)Theaters (except drive-in).
(h) Home repair and yard equipment
retail and rental outlets (all equipment
Page 33
Ord.609,Zoning Regulations,Amended Eff.08.08.06
must be indoors)
(i) Cleaning, pressing and dyeing plants
provided that only non-explosive cleaning
fluids shall be used.
(j) Retail fuel dispensing with non-bulk
storage of fuel and involving no repair or
maintenance of vehicles.
(k) Plumbing shops, provided no material
or equipment is stored outside the
building.
(I) Printing and copying shops.
(m) Produce market (retail).
(n) Sign painting shops provided they do
not pose a hazard to neighboring
structures.
(o) Veterinary clinics provided no outside
animal runs are present.
(p)Motels and hotels
(q) Non-bulk storage of gasoline,
petroleum products and liquefied
petroleum
(r) Wholesale sales offices and sample
rooms
(s) Mini-storage warehouses with no boat
or recreational vehicle storage permitted.
(t) Public or private junior - and senior
high schools.
(u) Private clubs, fraternal orders or civic
organizations.
(v) Any comparable business or use not
included in or excluded from any other
district described herein, provided that
such use is not noxious or offensive by
reason of vibration, noise, odor, dust,
smoke or gas.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 3,000
(b)Minimum Lot Width 50'
(c)Minimum Lot Depth 60'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal N/A
Building
Page 34
Ord.609,Zoning Regulations,Amended Eff.08.08.06
(h)Maximum Lot Coverage 75%
(i) ETJ Classification Light Commercial
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) In a
Manufactured Homes Parks (5) All lot and setback dimensions listed are minimum requirements
and are shown in feet.
Zoning C-2G, General Heavy Commercial
District
1. Old zoning designation - N/A
2. New zoning designation - C-2G
3. Option - N/A
4. District Classification - General Heavy Commercial
5. Intent- The majority of uses in this district
consist of high density office, retail,
restaurant, and service activities that are
used primarily by shoppers, workers, and
nearby residents.
6. Permitted uses-
(b) Automobile or trailer sales rooms or
yards, provided no vehicle shall be
displayed or parked outside the building
within ten feet (10') of the front and/or
side curb-lines of said property, nor, in
the case of a corner lot, shall any vehicle
be displayed or parked within the area
embraced by the radius of the curb and a
straight line drawn diagonally between
the beginning points of the radius.
(c) Billiard halls.
(d) Bowling alleys, dancehalls, shooting
galleries, skating rinks, and similar
commercial recreation buildings or
activities; provided, however, that the
same shall not be less than two hundred
(200') from any existing clinic, hospital,
school or church, and shall be not less
than two hundred (200'):
(e) Bus passenger stations
(f) Garages (public), other than premises
where used vehicles are dismantled or
used parts are sold, provided that in
public garages no repair facilities or
activities shall be maintained or carried
on outside of the building; provided that
no body or fender repairs shall be
Page 35
Ord.609,Zoning Regulations,Amended Eff.08.08.06
conducted on any premises adjacent at
the side or rear to a district "R" to "R",
inclusive; and provided that no wrecked,
junked, or otherwise inoperative vehicle
shalt be stored or parked on the premises
except while awaiting repair and except
under cover of a permanent screening
fence of masonry and/or solid wood
(weather resistant redwood, cedar, or
equal not less than six feet (6') in
height). Garages located on corner lots
may front on either street and shall
provide not more than one driveway
entrance and one driveway exit to the
building.
(g) Reserved
(h) Newspaper publishing plants.
(i) Automobile parking lots for passenger
cars only.
(j) Frozen food lockers for individual or
family use.
(k)Garages (storage).
(I)Greenhouses (commercial)
(m)Mortuaries
(n) Ice delivery stations for storage and
sale of ice at retail only.
(o) Printing shops.
(p) Storage in bulk of, or warehouse for,
such materials as: Clothing, drugs, dry
goods, food, furniture, glass, groceries,
hardware, household goods, lubricating
oil, millinery, paints, paint materials,
pipe, rubber, shop supplies, tobacco,
turpentine, and varnish, all when
incidental to sale at retail on the
premises.
(q) Reserved.
(r) Wholesale sales offices and sample
rooms.
(s) Any retail business or use of a similar
character to those listed above and not
included in or excluded from any other
district described herein, provided that
such use is not noxious or offensive by
reason of vibration, noise, odor, dust,
smoke or gas.
7. Lot Design Requirements
Page 36
Ord.609,Zoning Regulations,Amended Eff.08.08.06
(a)Minimum Lot Area in square feet N/A
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal 60'
Building
(h)Maximum Lot Coverage 80%
(i) Eli Classification Light Industrial (Clean)
NOTES: (1) 1,800 /additional unit (2) No more than 24 unit/ acre (3) Of principal building
(4)All lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning 1-2, Heavy Industrial
District
1. Old zoning designation - N/A
2. New zoning designation - 1-2
3. Option -
4. District Classification - Heavy Industrial
5. Intent- To establish heavy industrial activities
associated with manufacturing.
6. Permitted uses - (a)Any use permitted in district "I-1"
(b) Ammonia, bleaching powder,
chemical plants.
(c) Breweries, distilleries, and
manufacture of alcohol and alcoholic
beverages.
(d) Blooming or rolling mills.
(e)Canning or preserving factories.
(f) Cider mills.
(g) Concrete or asphalt mixing plants.
(h)Cotton ginning or baling works.
(i) Enameling works.
(j) Electric power plants.
(k) Forges (power).
(I) Hides and skins (tanning).
(m) Lumber mills.
(n) Manufacture of asphalt, boilers,
bronze, cans, carbon or lampblack,
disinfectant, dyes, glass, locomotive,
motorcars, airplanes, oil cloth,
linoleum, railway cars, synthetic
Page 37
Ord.609,Zoning Regulations,Amended Eff.08.08.06
rubber products, soap, starch, vinegar.
(o) Meat or fish packing or storage
plants.
(p) Any other uses not now or
hereinafter prohibited by ordinance of
the City of Cibolo regulating nuisances,
except that the following uses will be
permitted only by approval of the City
Council after report from the health
department, fire department, and
Planning and Zoning Commission:
(1)Acid manufacture.
(2) Cement, lime, gypsum or plaster of
Paris manufacture.
(3) Distillation of bones.
(4) Explosive manufacture or storage.
(5) Fertilizer manufacture and
storage.
(6) Gas manufacture.
(7) Garbage, offal or dead animal
reduction or dumping.
(8) Paper or pulp manufacture.
(9) Petroleum or its products (refining
of).
(10) Stockyards or slaughtering.
(11) Bulk storage of gasoline, liquefied
petroleum and flammable liquids.
(12)Auto wrecking yards.
(13) Junkyards, including storage,
sorting, baling, or processing of rags.
(14)Wool scouring.
(15)Manufacture of carbon batteries.
(16) Iron and steel manufacture.
(17) Manufacture of paint, lacquer,
oil, turpentine, varnish, enamel, etc.
(18) Manufacture of rubber, glucose,
or dextrin.
(19)Tar products.
(20)Monument or marble works.
(21) Oil compounding and barreling
plants.
(22) Railroad roundhouses or shops.
(23) Rock crushers.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
(24) Steel furnaces.
(25)Structural iron or pipe works.
(26)Sugar refineries.
(27)Tar distillation or manufacture.
(28)Wire or rod mills.
(29) Foundries (iron, brass, bronze
aluminum);
(30) Hides and skins (storage and
curing).
7. Lot Design Requirements
(a)Minimum Lot Area in square feet N/A
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback 40'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal 35'
Building
(h)Maximum Lot Coverage 80%
(i) ETJ Classification Heavy Industrial
NOTES: (1) 1,800 / additional unit(2) No more than 24 unit/ acre (3) Of principal building
(4)All lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning PK, Parkiand/Open space
District
1. Old zoning designation - OP
2. New zoning designation - PK
3. Option - Other uses as determined by the City
Council before recordation of plat. N/A
after plat has been recorded.
4. District Classification- Parkland/Open space
5. Intent- To set aside open space within the city
to provide recreational opportunities
for the city's residents.
6. Permitted uses- Includes parks, green-spaces, and other
land intended for recreation in the city.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet N/A
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
(d)Minimum Front Setback N/A
(e)Minimum Rear Setback N/A
(f)Minimum Side Setback N/A
(g) Maximum Height of Principal N/A
Building
(h)Maximum Lot Coverage N/A
(i) ETJ Classification Open Space/ Park
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) Alt
lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning OD, Overlay District
District
1. Old zoning designation - SO
2. New zoning designation - OD
3. Option - N/A
4. District Classification - Overlay District
5. Intent- Special overlay districts may be
established when it is determined
additional zoning requirements, as
authorized by the Zoning Ordinance, are
applicable to certain areas within the
city. This special overlay district will not
change the existing zoning classification
and its restrictions, but may alter
requirements for the purpose of
promoting the health, safety, and general
welfare of the city. The City of Cibolo,
Texas must forward a public hearing and
proper notice to all affected parties, in
accordance with the notice procedures
prescribed under the Zoning Ordinance.
Authorization of special overlay districts
must be recommended by the planning
and zoning commission and approved by
the City Council
6. Permitted uses- (as required and described in"Intent"
7. Lot Design Requirements
(a)Minimum Lot Area in square feet N/A
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback N/A
(e)Minimum Rear Setback N/A
(f)Minimum Side Setback N/A
(g) Maximum Height of Principal N/A
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
Building
(h)Maximum Lot Coverage N/A
(i) ETJ Classification Special Overlay District
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) All
lot and setback dimensions listed are minimum requirements and are shown in feet.
Zoning AS, Places of Assembly
District
1. Old zoning designation - N/A
2. New zoning designation - AS
3. Option -
4. District Classification - Places of Assembly
5. Intent-
6. Permitted uses- (a) Schools (private, elementary, high,
college, and university).
(b)Churches.
(c) Indoor theatres
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 8,000
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g) Maximum Height of Principal 35'
Building
(h)Maximum Lot Coverage 75%
(i) ETJ Classification Assembly
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building (4) All
lot and setback dimensions listed are minimum requirements and are shown in feet.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 11 RESERVED
CHAPTER 12 ZONING MAPS
A. The City Council shall,divide the City into districts of a number, shape, and size the City
Council considers best for carrying out this ordinance. Within each district, the City
Council shall regulate the erection, construction, reconstruction, alteration, repair, or
use of buildings, other structures, or land.
B. These regulations are hereby adopted with reasonable considerations, among other
things, for the character of each district and its peculiar suitability for particular uses,
with a view of conserving the value of buildings and encouraging the most appropriate
use of land in the City.
C. Zoning maps and delineation of district boundaries shall be in accordance with L.G.C.§
211.010.
D. The establishment of the district designation boundaries herein established is shown on
the official zoning made as a part of this ordinance. It shall be the duty of the City
Engineer to maintain the official Zoning Map together with all notations, references and
other information and amendments thereto.
E. For Zoning map of districts created prior to July 8, 2003. Boundaries of the districts as
enumerated in CHAPTER 10 of this ordinance are hereby established and adopted on the
zoning map of the City of Cibolo prepared as a result of the master plan update in
1977. Such zoning map and alt notations, references and other information shown on
such zoning map are as much a part of this chapter as if the matters and information
set forth by such maps were all fully described herein.
G. For Zoning map of districts created effective July 8, 2003. The districts as enumerated
in CHAPTER 10 of this ordinance are hereby established and adopted on the official
zoning map of the City of Cibolo. Such zoning map and all notations, references and
other information shown on such zoning map are as much a part of this ordinance as if
the matters and information set forth by such map were all fully described herein.
H. 1 (one) original, official copy of each of the above described zoning maps shall be filed
with the City Secretary for use of the public and for observation in issuing building
permits, certificates of occupancy and for enforcing the Zoning Ordinance.
1. Written verification of the zoning classification in which any property has been placed
may be given upon payment of a zoning verification fee as established by the City.
J. When definite distances in feet are not shown on the zoning district maps, the district
boundaries are extended to be along existing streets, alleys or platted lot lines, or
extensions of the same, and if the exact location of such lines is not clear, it shall be
determined by the planning director, due consideration being given to location as
indicated by the scale of the zoning district maps.
K. Whenever any street or alley is vacated, the particular district in which the adjacent
property lies shall be automatically extended to the centerline of any such street or
alley.
L. All territory which may hereafter be annexed into the City of Cibolo shall automatically
be classed as tying and being in Residential Single Family, large lot rural district (RU)
until such classification shall have been changed by an amendment to the Zoning
Ordinance as provided by law. -
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 13 PLANNED DEVELOPMENT DISTRICTS
A. Purpose
The Planned development district is designed to provide for the development of land as
an integral unit for single or mixed uses in accordance with a plan that may vary from
the established regulations of other zoning districts. It is the intent in such a district to
insure compliance with good zoning practices while allowing certain desirable
departures from the strict provisions of specific zoning classifications.
B. Application
An application for a planned development district shall be processed in accordance with
this Chapter and Section. A pre-planning conference is required between the applicant
and the planning director prior to the actual filing of the application.
C. District Plans and Requirements
There are 2 (two) types of plans that may be used in the planned development
process. The general purpose and use of each plan is described as follows:
1. Concept plan. This plan is extended to be used as the first step in the planned
development process. It establishes the most general guidelines for the district
by identifying the land use types, approximate thoroughfare locations and
project boundaries and illustrates the integration of these elements into a
master plan for the whole district.
2. Detail plan. The detail plan is the final step of the planned development
process. It contains the details of development for the property. For smaller
tracts or where final development plans are otherwise known, the detail plan
may be used to establish the district and be the only required step in the
planned development process.
D. Concept Plan Requirements
The application for a planned development district shall include a concept plan. Said
concept plan shall include the following:
1. Relation to the development plan. A general statement setting forth how the
proposed district will
2. Relate to the city's master plan and the degree to which it is or is not
consistent with that plan.
3, Acreage. The total acreage within the proposed district.
4. Survey. An accurate survey of the boundaries of the district.
5. Land Uses. Proposed general land uses and the acreage for each use, including
open space. For residential development, the total number of units and the
number of units per acre.
6. General Thoroughfare Layout. Proposed streets, as a minimum to arterial
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
street level. (Showing collector and local streets is optional.)
E. Development Standards.
Development standards for each proposed land use, as follows:
1. Minimum lot area.
2. Minimum lot width and depth.
3. Minimum front, side, and rear yard areas.
4. Maximum height of buildings.
5. Maximum building coverage.
6. Maximum floor to area ratios for nonresidential uses.
7. Minimum parking standards for each general land use.
F. Existing Conditions.
On a scaled map sufficient to determine detail, the following shall be shown for the
area within the proposed district:
1. Topographic contours of 10' (ten feet) or less.
2. Existing streets.
3. Existing 100-year floodplain, Roadway and major drainage ways.
4. City limits and E.T.J. boundaries.
5. Zoning districts within and adjacent to the proposed district. Land use.
6. Utilities, including water, wastewater and electric lines.
G. Detail Plan Requirements
The application for a planned development district shall include a detail plan. Said
detail plan shall include the following:
1. Acreage. The acreage in the plan as shown by a survey certified by a registered
surveyor.
2. Land uses. Permitted uses, specified in detail, and the acreage for each use.
3. Off-site information. Adjacent or surrounding land uses, zoning, streets,
drainage facilities and other existing or proposed off-site improvements, as
specified by the department, sufficient to demonstrate the relationship and
compatibility of the district to the surrounding properties, uses, and facilities.
4. Traffic and transportation. The location and size of all streets, alleys, parking
lots and parking spaces, loading areas or other areas to be used for vehicular
traffic; the proposed access and connection to existing or proposed streets
adjacent to the district; and the traffic generated by the proposed uses.
5. Buildings. The locations, maximum height, maximum floor area and minimum
setbacks for all nonresidential buildings.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
6. Residential development. The numbers, location, and dimensions of the lots,
the minimum setbacks, the number of dwelling units, and number of units per
acre (density).
7. Water and drainage. The location of all creeks, ponds, lakes, floodplains or
other water retention or major drainage facilities and improvements.
8. Utilities. The location and route of all major sewer, water, or electrical lines
and facilities necessary to serve the district.
9. Open space. The approximate location and size of greenbelt, open, common,
or recreation areas, the proposed use of such areas, and whether they are to be
used for public or private use.
10. Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or
bicycle use.
11. Development Standards: The development standards and requirements
including, but not limited to:
a. Maximum height
b. Lot width
c. Lot depth
d. Floor area
e. Lot area
f. Setbacks
g. Design elements
H. Maximum Off-Street Parking and Loading Requirements
For uses proposed shall be established for each planning development district based
upon the particular merits of the development design and layout. Such standards and
requirements shall comply with or be more restrictive than the standards established
for the specific type uses in the particular districts in which they would ordinarily be
permitted under the general Zoning Ordinance, except that modifications in these
regulations may be granted if it shall be found that such modifications are in the public
interest, are in harmony with the purposes of this ordinance and will not adversely
affect nearby properties.
Approval of District
The City Council may, after receiving the report of the Planning and Zoning
Commission, approve by ordinance the creation of a district based upon a concept plan
or a detail plan. The approved plan shall be made part of the ordinance establishing
the district. Upon approval said change shall be indicated on the zoning maps of the
city.
J. Commission Approval of Detail Plan
The commission is authorized to approve a detail plan or the amendment of a detail
plan for property for which a concept plan has been approved by the City Council. The
approved detail plan shall be permanently filed with the City Planner. The commission
may approve the detail plan if it finds that:
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
1. The plan complies with the concept plan approved for that property;
2. The plan provides for a compatible arrangement of buildings and land uses and
would not adversely affect adjoining neighborhood or properties outside the
plan; and
3. The plan provides for the adequate and safe circulation of vehicular traffic.
4. If no detail plan has been approved for the property within 5 (five) years of the
date of approval of a concept plan, the detail plan must be approved by the
City Council, after receiving the report of the commission and after notice and
hearing.
5. Expiration of detail plan: A detail plan shall be valid for 24 (twenty-four)
months from the date of its approval. If a building permit has not been issued
or construction begun on the detail plan within the 24 (twenty-four) months,
the detail plan shall automatically expire and no longer be valid. The
commission may, prior to expiration of the detail plan, for good cause shown,
extend up to two (2) twelve (12) month extensions for which the detail plan is
valid.
6. The City Planner shall prepare a report annually in July to the commission
detailing the actual development accomplished in the various planned
development districts.
7. Appeals from commission action: If the commission disapproves a detail plan
over which it has final approval authority, or imposes conditions, or refuses to
grant an extension of time for which there is an established detail plan, the
applicant may appeal the decision to the City Council by filing a written request
with the City Secretary within 10 (ten) days of the decision.
8. Changes in detail plan: Changes in the detail plan shall be considered the same
as changes in the Zoning Ordinance. Those changes which do not alter the basic
relationship of the proposed development to adjacent property and which do
not alter the Uses permitted or increase the density, floor area ratio, height, or
coverage of the site, or which do not decrease the off-street parking ratio or
reduce the yards provided at the boundary of the site, as indicated on the
approved detail plan, may be authorized by the City Planner. Any applicant
may appeal the decision of the City Planner to the Planning and Zoning
Commission for review and decision as to whether an amendment to the
planned development district ordinance shall be required.
9. Uses permitted/minimum development size: A planned development district
may be approved for any use or combination of uses enumerated in those
approved by the City Council. The total initial development of any planned
development district shall not be less than 2 (two) acres.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 14 GENERAL PROVISIONS AND EXCEPTIONS; USE, HEIGHT AND
AREA REGULATIONS
A. No structure shall be constructed, erected, or moved in or on to any location in the City
of Cibolo if such structure does not conform with the sanitary, health and building
regulations of such location or is not in keeping with the average value, construction,
type and size of established property in any such location, and such structure is in
conformance with the Design Standards and Zoning restrictions of this ordinance. This
section shall not apply to those temporary buildings used in connection with a
construction project, provided that such buildings shall be removed within (30) thirty
days after completion of the permanent building being constructed.
B. Temporary real estate sales office, whether portable or non-portable, and temporary
construction offices for new subdivisions shall be permitted in any residential zoning
district upon issuance of a permit by the Building Official for a period not to exceed
twelve (12) months. An extension of time, not to exceed an additional six (6) months,
for the purpose of such use shall be requested in writing to the Building Official and
may be granted by the Building Official. All requests for extensions must be submitted
within thirty (30) days of the expiration date of the permit. A portable sales office or
construction office shall be properly skirted and landscaped to provide an appropriate
appearance for the district. (Ord. 621)
C. A permanent screening fence of masonry and/or a combination of masonry, metal post
and landscape buffering 6' (six feet) to 8' (eight feet) in height shall be erected along
the entire length of the common line between property used for multifamily
developments of 5 (five) units or more or commercial or industrial purposes and any
abutting property zoned or used for single-family or two-family purposes. It shall be
permanently and adequately maintained by the multifamily, commercial or industrial
owner.
D. On any lot on which a front yard is required by this ordinance, no wall, fence or other
structure shalt be erected and no hedge, tree, shrub or other growth or structure of any
kind shall be maintained in such location within such required front yard so as to
obstruct the view. Generally any such fence, wall, hedge, or shrubbery higher than a
base line extending from a point 2'- 6"(two feet and six inches) above walk grade at
the walk to a, except single point 4 %' (4 four and one-half feet) above walk grade at
the depth of the front yard is considered an obstruction to view trees having a single
trunk which are pruned to a height of 7 (seven feet) above walk grade; however, where
owing to special conditions the building official has evidence that literal enforcement
would be unnecessary, the building official is authorized to modify the general rule.
Fences or walls between residential properties located behind the front setback line
shall not exceed 6' (six feet) in height.
E. In all commercial districts, no open accessory storage or display of materials and
commodities shall be permitted unless the storage or display is set back at least 100'
(one-hundred feet) from all public right-of-way. This shall not apply to automobile or
trailer sales lots.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
F. One (1) additional habitable building located on a lot with a main residential
structure and for such purposes as guesthouse, bathhouse or for persons
employed as domestics on the premises, and not for rent or use as a separate
domicile, shall be allowed as an accessory use for resident/owners of single-
family dwelling units. Such facilities may be located in the main structure or in
an accessory building located on the same lot with the main residential
structure but with no separate utility meters.
G. The sale of alcoholic beverages shall be prohibited within 300' (three hundred
feet) of a K through 12 public school. The measurement of the distance
between the place of business where alcoholic beverages are sold and a public
school shall be from the nearest property line of the public school to the
nearest doorway by which the public may enter the place of business, along
street lines and in direct line across intersections. On premises alcoholic
beverages sates where minors are prohibited from entering, the measurement
of the distance between the premises and a public school shall be along the
property lines of the street fronts and from front door to front door and in a
direct line across intersections.
H. This section does not apply to any establishment that is licensed for the sale or
consumption of alcoholic beverages at the time a public school begins
construction or occupancy of a building within 300' (three hundred feet) of the
licensed establishment.
Height exceptions:
The height limits for the various districts shall not apply to spires, belfries, cupolas or
domes not used for human habitation nor to chimneys, ventilators, skylights, water
tanks, parapet walls, cornices, solar energy systems, or necessary mechanical
appurtenances usually located on the roof level, provided that such features are limited
to that height necessary for their proper functioning.
J. Yard exceptions:
1. In any zoning district where lots on the same side of the street between
2 (two) intersecting streets are developed with varying front yard
depths and no plat has been filed showing a setback line, the front
setback shall be set at twenty-five feet (25') or as otherwise
determined by the Building Official.
2. Where an official right-of-way line has been established for future
widening or opening of a street upon which a lot abuts, then the depth
or width of such yard shall be measured from such official line to the
nearest line of the building.
3. Every part of a required yard shall be open from its lowest point to the
sky unobstructed, except for the ordinary projection of silts,
beltcourses, cornices, chimneys, buttresses, ornamental features and
eaves, provided that any of the above projections shall not extend into
a required yard more than 24" (twenty-four inches).
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
4. Any exterior stairway, open or enclosed; may project not more than 4'
(four feet)into a required rear yard.
5. No rear yard shall be required on any lot commercially or industrially
zoned where the rear line of which adjoins a railway right-of-way or
which has a rear railway tract connection, provided the lot is not
utilized for residential purposes.
6. In computing the depth of a rear yard for any building where such yard
abuts a dedicated alley, one-half of such alley may be assumed to be a
portion of the rear yard.
7. On a comer,lot, a private garage, not exceeding the height of the main
building, may extend into the required rear yard to a point not less
than 18' (eighteen feet) from the rear yard lot line, and shall not
occupy more than 30% (30 percent) of the required rear yard.
8. In any mobile home subdivision in the mobile home zoning district, the
rear yard setback requirement may be decreased 1' (one foot) for every
foot the side yard is increased above the minimum; provided that under
no circumstances shall the rear yard be less than 10' (ten feet). This
exception shall apply only to mobile homes and not to site-built
residences.
9. In any district, an interior side yard of 5' (five feet) may be permitted
for a residence or an addition to a residence if the lot on which it is to
be built is less than 60' (sixty feet) wide at the front setback line and
the lot was an approved lot of record prior to July 9, 1967.
10. Air conditioning compressors, swimming pool pumps and similar
accessory structures shall observe all front setbacks specified for the
particular zoning district in which the property is located. A minimum
interior side yard and rear yard setback. of 3' (three feet) clearance
shall be observed.
11. The requirements set forth in this ordinance shall govern the location of
towers that exceed, and antennas that are installed at a height in
excess of, the height limitations specified for each zoning district. The
height limitations applicable to buildings and structures shall not apply
to towers and antennas.
K. Any tower or antenna existing on the effective date of this ordinance shall not
be required to meet the requirements of this ordinance. Any such towers or
antennas that fail to meet the requirements of this ordinance shall be referred
to in this ordinance as "grandfathered towers" or "grandfathered antennas" and
nonconforming.
L. Exterior Design Requirements (Ord. 684)
1. Exterior Building Materials
a. Buildings Requiring Masonry on All Sides - All buildings constructed in
the C1R, NS, PB, C-1, and CIG 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
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
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 watts 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 Cl R, C2R, C3R, NS, PB, C-1, C-2, Cl G,
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 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 facade 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 facade
not to exceed one hundred feet (100');
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
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;
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-1, CIG, 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.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
CHAPTER 15 SPECIAL USES AND STRUCTURES; CONDITIONAL USES
A. AUTHORIZED SPECIAL USES AND STRUCTURES (ORDINANCE NO. 700)
1. 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.
2. 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.
B. SPECIFIC USE PERMIT (SUP)
1. 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.
a. 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.
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b. 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.
2. STATUS OF USES AND STRUCTURES PERMITTED BY SUP
The following general rules apply to all special uses and structures:
a. 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 wilt be approved.
b. Approval of an SUP shall authorize only the particular use or structure
for which the SUP is issued.
c. 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.
d. 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. APPLICATION FOR SPECIFIC USE PERMIT:
a. 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 shalt 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 shalt accompany the application
for a Specific Use Permit.
b. 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.
4. PROCEDURES FOR SPECIFIC USE PERMITS:
a. Application -An application for a Specific Use Permit shall be submitted
to the Chief Building Inspector in a form provided by the City.
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b. 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.
c. 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.
d. 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 decision be
removed 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.
e. 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.
f. 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:
(1) Alteration of the location of any road or walkway by not more
than five (5)feet:
(2) 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;
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(3) 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
(4) Minor alterations in building siting and parking
g. Inspection During Development Under a Specific Use Permit:
(1) 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.
(2) 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 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.
a. Inspection After Development Under a Specific Use Permit:
(1) 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.
(2) Action by the City Council - Within thirty (30) working days
following notification by the Chief Building Inspector, the City
Council shall:
(a) Rule that the finding of the Chief Building Inspector be
overruled; or
(b) 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
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(c) Terminate the Specific Use Permit in accordance with
the provisions of this section.
5. STANDARDS:
a. 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:
b. The proposed use or structure at the specified location is consistent
with the goals objectives and policies contained in the adopted Master
Plan;
c. The proposed use or structure is consistent with the general purpose
and intent of the applicable zoning district regulations;
d. 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 traffic on perimeter
streets.
(13) The proposed use or structure is not materially
detrimental to the public health, safety, convenience
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and welfare or results in material damage or prejudice
to other property in the vicinity.
e. 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 final approval. The Chief Building Inspector
shall verify that the site plan incorporates all conditions set
forth in the ordinance authorizing a conditional use, and shall
sign the site plan to indicate final approval. The City shall
maintain a record of such approved site plans and conditions
attached thereto.
f. 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.
6. EFFECT OF ISSUANCE OF SPECIFIC USE PERMIT
Issuance of Specific Use Permit shall be deemed to authorize only the particular
use or structure for which it is issued.
7. EXPIRATION AND EXTENSION
a. 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.
b. 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.
c. 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.
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8. AMENDMENT:
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 forth in this Chapter 15, and the Specific Use Permit and approved site plan
are amended accordingly.
9. USE REGULATIONS:
Uses allowed by SUP are specified in Chapter 11 of the Zoning Ordinance.
10. ABANDONMENT OF SPECIFIC USE PERMITS
a. 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.
b. 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.
11. REVOCATION OF SPECIFIC USE PERMITS
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.
12. RECONSIDERATION
The City shall not consider an application for a Specific Use Permit within one
(1) year following the date of final 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.
13. WITHDRAWAL:
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.
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C. CONDITIONAL USES
1. PURPOSE
The purpose of a conditional use permit (CUP) is to allow the establishment of
uses which may be suitable only in certain locations in a zoning district or only
when subject to standards and conditions that assure compatibility with
adjoining uses. Conditional uses are those uses that are generally compatible
with the permitted land uses in a given zoning district, but which require
individual review of their location, design and configuration and the imposition
of conditions in order to ensure the appropriateness of the use at a particular
location within a given zoning district.
2. APPLICABILITY
a. A conditional use permit is required and may be requested to develop
property within the city limits for a use similar in nature to the zoning
district in which the property is located and which would have no
adverse effect or impact on the surrounding neighborhood/area.
b. Conditional uses for a given property must be zoned a district
established on or after July 8, 2003 as indicated in Chapter 10..
c. A conditional use permit may authorize variations from the standards in
a zoning district only such as are necessary to meet the conditions
attached to the permit.
3. EXEMPTIONS AND EXCEPTIONS
A conditional use permit shall not be required to develop property for any use
designated as a permitted use in Chapter 10 of this ordinance for the zoning
district in which the property is located, any use authorized in a planned
development (PD) district, or as allowed under a Specific Use Permit.
4. OFFICIAL SUBMISSION DATE AND COMPLETENESS OF APPLICATION
a. For the purpose of these regulations, the "official submission date"
shall be the date upon which a complete application for approval of a
conditional use permit (that contains all elements and information
required by this Ordinance) is submitted to the city. No application
shall be deemed officially submitted until the city determines that the
application is complete and the applicant receives notification of
acceptance or denial of the application. (L.G.C. 5 245.002)
b. Conditional use permit applications that do not include all required
information and materials (as provided in this ordinance and pursuant
to other development review policies which may change from time to
time) will be considered incomplete, shall not be accepted for official
submission by the city and shall be rejected. (L.G.C. § 245.002)
5. SUPPLEMENTAL REQUIREMENTS
a. The city may require other information and data for specific conditional
use permit applications. This data may include but is not limited to
geologic information, water yields, flood data and/or hydrological
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studies, environmental information, traffic impact analysis, road
capacities, market information, economic data for the proposed
development, hours of operation, and similar information.
b. Approval of a site plan and architectural elevations as required by this
ordinance may establish conditions for design and construction based
upon such information.
6. EFFECT OF APPROVAL
a. Approval of a conditional use permit authorizes the use of the property
in accordance with the conditions of the permit. Approval of a
conditional use permit shall be deemed to authorize only the particular
use for which the permit is issued.
b. No conditionally permitted use shall be enlarged, extended, increased
in intensity or relocated unless an application is made for a new
conditional use permit in accordance with the procedures set forth in
this section.
c. Development of the use shall not be authorized until the applicant has
secured all the permits and approvals required by this ordinance.
7. PRIOR APPROVALS
A conditional use permit shall not be approved unless the use is compatible
with the zoning district in which the applicant's property is located and until a
final subdivision plat that includes the lot for which the conditional use permit
is sought has been approved: Appropriate zoning must be established prior to
or along with the CUP.
8. APPLICATION REQUIREMENTS
a. Responsible Official:
The City Manager or designee thereof shall be the official responsible
for processing a conditional use permit application.
b. Contents:
An application for approval of a conditional use permit shall contain the
following information and documents:
(1) An application for a Conditional Use Permit with notarized
signatures of the owner or their designated representative if
the applicant is not the owner of the subject property;
(2) Application fee as established by the city;
(3) Verification that all taxes and assessments on the subject
property have been paid (Certified Tax Certificate);
(4) Copies of the required plan(s) and elevations, including all
information specified by this ordinance on 24" x 36" sheet(s)
drawn to a known engineering and architectural scale
respectively, that is large enough to be clearly legible and
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
other required information, the quantity of which shall be
determined by the city.
(5) Reduced copies (11" x 17") of the required plan(s) and a CD
containing all plans and elevations in AutoCAD and PDF file
formats.
(6) Any additional information/materials (such as plans, maps,
exhibits, legal description of property, information about
proposed uses, etc.) as deemed necessary by the city in order
to ensure that the development request is understood.
(7) General Site plan review and evaluation by the City Planner, or
designee, shall be performed with respect to the following:
(a) The plan's compliance with all provisions of the Zoning
Ordinance and other ordinances of the City.
(b) The impact of the development relating to the
preservation of existing natural resources on the site
and the impact on the natural resources of the
surrounding properties and neighborhood.
(c) The relationship of the development to adjacent uses in
terms of harmonious design, facade treatment,
setbacks, building materials, maintenance of property
values, and any possible negative impacts.
(d) The provision of a safe and efficient vehicular and
pedestrian circulation system.
(e) The design and location of off-street parking and
loading facilities to ensure that all such spaces are
usable and are safely and conveniently arranged.
(f) The sufficient width and suitable grade and location of
streets designed to accommodate prospective traffic
and to provide access for fire fighting and emergency
equipment to buildings.
(g) The coordination of streets so as to arrange a
convenient system consistent with the Thoroughfare
Plan of the City, as amended.
(h) The use of landscaping and screening to provide
adequate buffers to shield lights, noise, movement, or
activities from adjacent properties when necessary,
and to complement and integrate the design and
location of buildings into the overall site design.
(1) Exterior lighting to ensure safe movement and for
security purposes, which shall be arranged so as to
minimize glare and reflection upon adjacent properties.
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(j) The location, size, accessibility, and configuration of
open space areas to ensure that such areas are suitable
for intended recreation and conservation uses.
(k) Protection and conservation of soils from erosion by
wind or water or from excavation or grading.
(I) Protection and conservation of watercourses and areas
that are subject to flooding.
(m) Provision of the adequate capacity of public or private
facilities for water, sewer, paved access to and through
the development, electricity, storm drainage, and
adequate traffic management.
(n) Consistency with the Comprehensive Plan of the City,
as amended.
(o) In approving a Site Plan, the City Council may impose
additional reasonable conditions necessary to protect
the public interest and welfare of the community.
When considering an application for site design and
use, the Planning and Zoning Commission may
recommend and the City Council may include any or all
of the following conditions if they find it necessary to
meet the intent and purpose of the standards of this
Ordinance:
i. Require a maximum increase of up to twenty
percent (20%) in the width or required plant
materials for perimeter buffer-yards in order to
ensure compatibility between different land
uses.
ii. Require such modifications in the landscaping
plan as will ensure proper screening and
aesthetic appearance.
iii. Require plantings and ground cover to be
predominant, not accessory, to other inorganic
or dead organic ground cover.
iv. Require retention of significant physical
features of a site. Said significant physical
features includes, but are not limited to:
existing stands of trees, protected trees as
specified by the City's tree preservation
standards, bodies of water, watercourses,
floodplains and other flood hazard areas, and
other natural features.
v. Require the modification or revision of the
placement, design or remodeling of structures,
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signs, accessory buildings, etc. to be consistent
with the standards of this Ordinance.
vi. Specify the type and placement or shielding of
lights for outdoor circulation, parking, and
security.
vii. Require new developments that produce more
than one hundred (100) peak hour vehicle trips
to provide traffic mitigation by means of traffic
signals, traffic controls, turning islands,
landscaping or any other means necessary to
insure the viability, safety, and integrity of
existing and proposed thoroughfares, based
upon the results of a Traffic Impact Analysis.
viii. Require pedestrian access, separate pedestrian
access ways, sidewalks and protection from
rain for pedestrians in new developments.
xiv. Require developments to provide access to
improved streets and, where possible, provide
access to the lower order street rather than a
major collector or arterial street as designated
on the Thoroughfare Plan, as amended.
x. Make a finding of the appropriateness of the
requested use relative to the zoning district,
the surrounding uses, and impacts and their
mitigation.
9. Submission Requirements for Site Plan Approval: A Site Plan shall be prepared
by a qualified civil engineer, land planner, architect or surveyor, and it shall
clearly show in detail how the site will be constructed (such as paving,
buildings, landscaped areas, utilities, etc.). To ensure the submission of
adequate information the following information and items shall be submitted
with an application for Site Plan approval in addition to any additional specific
requirements for the review of Site Plan applications that may be devised and
amended from time to time. It shall be the applicant's responsibility to obtain
and be familiar with the requirements for Site Plan approval.
a. A title block within the upper right hand corner of the concept plan
with the proposed name of the project/subdivision;
b. The name and address of the owner/developer and the land planner,
engineer architect or surveyor responsible for the design or survey;
c. The scale of the drawing (both written and graphic scale) and north
arrow;
d. The date the drawing was prepared;
e. Total site acreage and the location of the property according to the
abstract and survey records of Denton County, Texas;
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f. A vicinity or location map that shows the location of the proposed
development within the City (or its ETJ) and in relationship to existing
roadways;
g. The boundary survey limits of the tract and scale distances with north
clearly indicated;
h. The names of adjacent subdivisions (or the name of the owners of
record and recording information for adjacent parcels of unplatted
land), including parcels on the other sides of roads, creeks, etc.;
i. The existing uses of the subject property;
j. The general arrangement of future land uses, including the approximate
number of lots and any residential uses anticipated;
k. A generalized circulation plan for the subject property showing the
proposed locations and patterns of motor vehicle and pedestrian
traffic. Said circulation plan shall contain arrows indicating traffic flow;
1. The existing zoning and existing/proposed uses on adjacent land; ,
m. The location, width and names of all existing or platted streets or other
public ways within or adjacent to the tract;
n. The location, type, size and recording information for any existing
easements located on the subject property or within two hundred (200)
feet of the subject property. In the event no existing easements have
been dedicated, a note to that effect shall be provided;
o. The location and building footprints of existing buildings located on the
property. Existing buildings shall be noted as to those that are to
remain and those that are to be removed;
p. Railroad rights-of-way located within two hundred (200) feet of the
subject property;
q. Topography, including contours at five-foot intervals, with existing
drainage channels or creeks;
r. Any 100-year flood plain as designated on the appropriate Flood
Insurance Rate Map (FIRM) located on or within two hundred (200) feet
of the subject tract. In the event that a 100-year floodplain is not
located on the subject tract or within two hundred (200) feet of the
subject tract, a note to that effect must be provided with the
reference to appropriate panel number;
s. Any significant natural features such as rock outcroppings, caves,
wildlife habitats, etc.; -
t. All substantial natural vegetation;
u. Location of Gas/Oil/Water wells or pipelines;
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v. Location, type, size, and ownership of all existing water and
wastewater lines. Said water and wastewater lines shall include all
appurtenances - i.e. valves, hydrants;
w. Location, type, and size of all drainage and other underground
structures;
x. Proposed connection to all existing water, wastewater, and drainage
systems;
y. Adjacent political subdivisions, corporate limits, and/or school district
boundaries;
z. Proposed strategies for tree preservation proposed strategies for tree
preservation in accordance with Section 3.5 with of the City's Code of
Ordinances (showing individual trees or tree masses that will preserved,
and the techniques that will be used to protect them during
construction);
aa. The layout and width (right-of-way lines) of existing and proposed
thoroughfares, collector streets and/or intersections, and a general
configuration of proposed streets, lots and blocks, including proposed
median openings and left turn lanes on future divided roadways;,
bb. Existing and planned driveways located within two hundred (200),feet
of the subject tract, including those located on the opposite side of
divided roadways;
cc. A general arrangement of land uses and buildings, including but not
limited to:
(1) Proposed nonresidential and residential densities;
(2) Building footprints for each proposed structure;
(3) Building heights;
(4) Building square footages for each proposed structure. For multi-
tenant or multi-purpose buildings, show the square footage for
each intended use;
(5) Building massing and orientation;
(6) Location of loading/service areas;
(7) Location of recycling containers, compactors, dumpsters and
their enclosures;
(8) Sidewalks and pedestrian walkways;
(9) Parking plan showing the proposed on-site parking stalls with
dimensions and driveway aisles with dimensions;
(10) Retention/detention ponds with proposed aesthetic treatments;
(11) Screening walls;
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(12) Fences;
(13) Signage;
(14) Fire lanes with dimensions for fire lane aisles and turn-arounds;
(15) A lighting plan for all external lighting demonstrating that the
City's lighting standards have been met. Said lighting plan shall
include the following:
(a) The location and type of all lighting fixtures including
the height of all pole lights;
(b) A photometric analysis showing the estimated
illumination at the property line;
(c) The type of illumination fixtures to be utilized;
(d) The type and method of shielding proposed;
(e) Visibility easements; and
(f) Any proposed sites for parks, schools, public facilities,
public or private open spaces;
(16) A landscape plan meeting the City standards for landscape plans
as specified in Chapter 18 of this Ordinance;
(17) An irrigation plan meeting the City standards for irrigation plans
as specified in Chapter 18 of this Ordinance;
(18) Building façade (elevation) plans showing the type and color of
the exterior materials to be utilized for each building or
structure and each screening wall. Said building elevations shall
be drawn to a scale of one inch equals twenty feet (1" = 20) or
any such scale as designated by the City Secretary, or his/her
designee; and,
gg. All information and illustrations necessary to show the nature
and effect of proposed variations to the standards in the zoning
district.
Provision of the above items shall conform to the principles and standards of this
Ordinance and the Comprehensive Plan. To ensure the submission of adequate
information, the City is hereby empowered to maintain and distribute a separate list of
specific requirements for site plan review applications. Upon periodic review, the City
Planner, or designee, shall have the authority to update such requirements for site plan
and development review applications pursuant to Administrative Rules. It is the
applicant's responsibility to be familiar with, and to comply with, these requirements.
10. PROCESSING OF APPLICATION AND DECISION
a. Hearings:
The city shall schedule successive public hearings before the Planning
and Zoning Commission and before the City Council on the application
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for a conditional use permit. The hearings shall be conducted on the
application in accordance with this ordinance.
b. Commission's Action:
Following the initial public hearing, the Commission shall make its
recommendation to the City Council for approval, approval with
modifications or denial of the application for a conditional use permit.
The Commission shall also recommend whether any requested
variations from the standards in the zoning regulations should be
granted.
c. Council Decision:
Upon receipt of the Commission's recommendation, the City Council
shall approve, approve with modifications, or deny the application. The
Council also shall decide whether to grant any requested variations
from the standards in the zoning district regulations.
d. No Variances:
The conditions imposed on the application shall not be subject to
variances that otherwise could be granted by the City Council, nor may
conditions imposed by the City Council subsequently be waived or
varied by the Planning and Zoning Commission.
11. CRITERIA FOR APPROVAL
a. Factors:
When considering applications for a conditional use permit, the
Commission and the Council shall evaluate the impact of the proposed
conditional use on and its compatibility with surrounding properties and
neighborhoods to ensure the appropriateness of the use at the
particular location, and shall consider the extent to which:
(1) The proposed use at the specified location is consistent with
the policies embodied in the adopted Master Plan;
(2) The proposed use is consistent with the general purpose and
intent of the applicable zoning district regulations;
(3) The proposed use is compatible with and preserves the
character and integrity of adjacent development and
neighborhood and includes improvements on-site to mitigate
development-related adverse impacts, such as traffic, noise,
odors, visual nuisances, environment, drainage or other similar
adverse effects to adjacent development and neighborhoods;
(4) The proposed use does not generate vehicular traffic which will
be hazardous or conflict with the existing and anticipated
traffic in the neighborhood;
(5) The proposed use incorporates roadway adjustments, traffic
control devices or mechanisms, and access restrictions to
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control traffic flow or divert traffic as may be needed to reduce
or eliminate development generated traffic on neighborhood
streets;
(6) The proposed use incorporates features to minimize adverse
effects, including visual impacts, of the proposed conditional
use on adjacent properties; and,
(7) The proposed use meets the standards for the zoning district,
or to the extent variations from such standards have been
requested, that such variations are necessary to render the use
compatible with adjoining development and the neighborhood.
(8) The proposed use creates a "place-making" environment and
pedestrian friendly design which are inherent to economic
development and/or the nature of the district and the city.
b. Conditions:
(1) The Commission may recommend and the council may require
such modifications in the proposed use and attach such
conditions to the conditional use permit as are necessary to
mitigate adverse effects of the proposed use and to carry out
the spirit and intent of this section.
(2) Conditions include but are not limited to matters related to
limitation of building size or height, increased open space,
increased impervious surface, enhanced loading and parking
requirements, additional landscaping and improvements
including curbing and pedestrian amenities, vehicular access
and parking, placement or orientation of buildings and
entryways, buffer yards, landscaping and screening, tree
preservation, environmental considerations, signage restrictions
and design, maintenance of buildings and outdoor areas,
duration of the permit and hours of operation.
c. The City Secretary shall maintain a file for each CUP approved by the
City Council.
12. EXPIRATION AND REVOCATION
a. Time of Expiration. A conditional use permit shall expire if:
(1) A building permit for the use has not been approved within one
(1)year of the date of approval of the permit;
(2) The building permit subsequently expires;
(3) The use has been discontinued or abandoned for six months or
longer;
(4) A termination date attached to the permit has passed.
b. Revocation. The City Council may revoke any conditional use permit
that is in violation of any condition imposed on the use following notice
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to the permit holder or property owner and a public hearing to
determine whether the use should be revoked.
13. ABANDONMENT OF CONDITIONAL USE
In determining whether a conditional use has been discontinued or abandoned,
the City shall apply the standards of this zoning ordinance applicable to a non-
conforming use.
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CHAPTER 16. SITE PLAN
A. PURPOSE
This Section establishes a review process for non-residential and multi-family
developments. The purpose is to ensure that a development project is in compliance
with all applicable City ordinances and guidelines prior to commencement of
construction.
B. GENERAL SITE PLAN
1. Approval Process
a. A General Site Plan shall be required for development within any
nonresidential district or use and any multi-family residential district or
use.
b. The approval process for a General Site Plan shall generally be reviewed
by the City Planner and City Engineer with recommendation to the
Planning and Zoning Commission, for their final consideration.
c. General - For the purposes of this Zoning Ordinance, the term "required
plan(s)" is intended to refer to any of the plans specified in this Zoning
Ordinance, as applicable.
2. Official Submission Date and Completeness of Application
The "official submission date" shall be the date upon which a complete
application for approval of a required plan submitted to the City is based upon
application deadlines, application completeness and schedules and policies of
the City as amended from time to time.
a. Applications for any required plan must include all required information
listed here and all such required information must be submitted in
order for a Site Plan application to be considered complete and to be
accepted for official submission by the City.
(1) An application for a Site Plan with notarized signatures of the
owner or his/her designated representative if the applicant is
not the owner of the subject property;
(2) Application fee as established on the City schedule of fees;
(3) Verification that all taxes and assessments on the subject
property have been paid;
(4) Copies of the Site Plan, including all information specified by
this ordinance, on 24" x 36" sheet(s) drawn to a known
engineering/architectural scale that is large enough to be
clearly legible and other required information, the quantity of
which shall be determined by the City Secretary, or his/her
designee;
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(5) General layout for the required public improvements (water,
wastewater, grading/storm drainage, streets, water quality,
fire lanes and hydrants, screening and landscaping, etc.), the
quantity of which shall be determined by the City Secretary, or
his/her designee;
(6) Reduced copies (11" x 17") of the site plan as required by the
City Secretary, or his/her designee;
(7) Landscaping and irrigation plans, the quantity of which shall be
determined by the City Secretary, or his/her designee; and
(8) Any additional information/materials (such as plans, maps,
exhibits, legal description of property, information about
proposed uses, etc.) as deemed necessary by the City Planner,
or designee, in order to ensure that the development request is
understood.
b. For the purpose of these regulations, the "official submission date"
shall be the date upon which a complete application for approval of a
conditional use permit (that contains all elements and information
required by this Ordinance) is submitted to the city. No application
shall be deemed officially submitted until the city determines that the
application is complete and the applicant receives notification of
acceptance or denial of the application. (L.G.C. § 245.002)
c. Applications that do not include all required information and materials
(as provided in this ordinance and pursuant to other development
review policies and rules which may change from time to time) will be
considered incomplete, shall not be accepted for official submission by
the city and shall be rejected. (L.G.C. § 245.002)
3. Supplemental Requirements
a. The city may require other information and data for specific conditional
use permit applications. This .datamay include but is not .limited to
geologic information, water yields, flood data and/or hydrological
studies, environmental information, traffic impact analysis, road
capacities, market information, economic data for the proposed
development, hours of operation, and similar information.
b. Approval of a site plan and architectural elevations as required by this
ordinance may establish conditions for design and construction based
upon such information.
4. Pre-Application Conference
Prior to formal application for approval of a required site plan, the applicant(s)
should consult with the City's Development Review Committee in order to
become familiar with the City's development regulations and the development
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process. At the pre-application conference, the developer may be represented
by a land planner, engineer, surveyor, and/or other qualified professional.
5. Applicability
Submission and approval of a General Site Plan shall be required for
development as follows:
(a) For new development within any nonresidential district or use and any
multi-family residential district or use.
(b) For any increase in an existing non-residential or multi-family structure
that is greater than twenty (20) percent of an existing building square
footage; or
(c) For that portion of a single-family residential development that
contains a private amenity or facility - i.e. recreation center, park,
horse stable, etc.
6. Building Permit and Certificate of Occupancy
No building permit shall be issued until a Site Plan, as required, and all other
required architectural/engineering/construction plans are first approved by the
City. No certificate of occupancy shall be issued until all construction and
development conforms to the approved Site Plan and
architectural/engineering/construction plans, as approved by the City.
7. Extent of Area That Should Be Included In a Site Plan
When the overall development project is to be developed in phases, the area
included within the Site Plan shall include only the portion of the overall
property that is to be developed/constructed.
8. Principles and Standards for Site Plan Review and Evaluation
The following criteria have been set forth as a guide for evaluating the
adequacy of proposed development within the City, and to ensure that all
developments are, to the best extent possible, constructed according to the
City's codes and ordinances.
C. APPLICATION REQUIREMENTS
1. Responsible Official:
The City Planner or designee thereof shall be responsible for processing a site
plan application.
2. Contents:
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An application for approval of a site plan shall contain the following
information and'documents:
a. An application for a Site Plan with notarized signatures of the owner or
their designated representative if the applicant is not the owner of the
subject property;
b. Application fee as established by the city;
c. Verification that all taxes and assessments on the subject property have
been paid (Certified Tax Certificate);
d. Copies of the plan(s) and elevations, including all information specified
by this ordinance on 24" x 36" sheet(s) drawn to a known engineering
and/or architectural scale respectively, that is large enough to be
clearly legible and other required information, the quantity of which
shall be determined by the city.
e. Reduced copies (11" x 1T) of the required plan(s) and a CD containing
all plans and elevations in AutoCAD and PDF file formats.
f. Any additional information/materials (such as plans, maps, exhibits,
legal description of property, information about proposed uses, etc.) as
deemed necessary by the city in order to ensure that the development
request is understood.
g. General Site plan review and evaluation by the City Planner, or
designee, shall be performed with respect to the following:
(1) The plan's compliance with alt provisions of the Zoning
Ordinance and other ordinances of the City.
(2) The impact of the development relating to the preservation of
existing natural resources on the site and the impact on the
natural resources of the surrounding properties and
neighborhood.
(3) The relationship of the development to adjacent uses in terms
of harmonious design, façade treatment, setbacks, building
materials, maintenance of property values, and any possible
negative impacts.
(4) The provision of a safe and efficient vehicular and pedestrian
circulation system.
(5) The design and location of off-street parking and loading
facilities to ensure that all such spaces are usable and are
safely and conveniently arranged.
(6) The sufficient width and suitable grade and location of streets
designed to accommodate prospective traffic and to provide
access for fire fighting and emergency equipment to buildings.
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(7) The coordination of streets so as to arrange a convenient
system consistent with the Thoroughfare Nan of the City, as
amended.
(8) The use of landscaping and screening to provide adequate
buffers to shield lights, noise, movement, or activities from
adjacent properties when necessary, and to complement and
integrate the design and location of buildings into the overall
site design.
(9) Exterior lighting to ensure safe movement and for security
purposes, which shall be arranged so as to minimize glare and
reflection upon adjacent properties.
(10) The location, size, accessibility, and configuration of open
space areas to ensure that such areas are suitable for intended
recreation and conservation uses.
(11) Protection and conservation of soils from erosion by wind or
water or from excavation or grading.
(12) Protection and conservation of watercourses and areas that are
subject to flooding.
(13) Provision of the adequate capacity of public or private facilities
for water, sewer, paved access to and through the
development, electricity, storm drainage, and adequate traffic
management.
(14) Consistency with the Comprehensive Plan of the City, as
amended.
(15) In approving a Site Plan, the Planning Commission may impose
additional reasonable conditions necessary to protect the public
interest and welfare of the community. When considering an
application for site design and use, the Planning and Zoning
Commission may include any or all of the following conditions if
they find it necessary to meet the intent and purpose of the
standards of this Ordinance:
(a) Require a maximum increase of up to twenty percent
(20%) in the width or required plant materials for
perimeter buffer-yards in order to ensure compatibility
between different land uses.
(b) Require such modifications in the landscaping plan as
will ensure proper screening and aesthetic appearance.
(c) Require plantings and ground cover to be predominant,
not accessory, to other inorganic or dead organic
ground cover.
(d) Require retention of significant physical features of a
site. Said significant physical features include, but are
not limited to: existing stands of trees, protected trees
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as specified by the City's tree preservation standards,
bodies of water, watercourses, floodplainsand other
flood hazard areas, and other natural features.
(e) Require the modification or revision of the placement,
design or remodeling of structures, signs, accessory
buildings, etc. to be consistent with the standards of
this Ordinance.
(f) Specify the type and placement or shielding of lights for
outdoor circulation, parking, and security.
(g) Require new developments that produce more than one
hundred (100) peak vehicle trips per hour to provide
traffic mitigation by means of traffic signals, traffic
controls, turning islands, landscaping or any other
means necessary to insure the viability, safety, and
integrity of existing and proposed thoroughfares, based
upon the results of a Traffic Impact Analysis.
(h) Require pedestrian access, separate pedestrian access
ways, sidewalks and protection from rain for
pedestrians in new developments.
(i) Require developments to provide access to improved
streets and, where possible, provide access to the
lower order street rather than a major collector or
arterial street as designated on the Thoroughfare Plan,
as amended.
3. Submission Requirements for Site Plan Approval
A Site Plan shall be prepared by a qualified civil engineer, land' planner,
architect or surveyor, and it shall clearly show in detail how the site will be
constructed (such as paving, buildings, landscaped areas, utilities, etc.). To
ensure the submission of adequate information the following information and
items shall be submitted with an application for Site Plan approval in addition
to any additional specific requirements for the review of Site Plan applications
that may be devised and amended from time to time. It shall be the applicant's
responsibility to obtain and be familiar with the requirements for Site Plan
approval.
a. A title block within the upper right hand corner of the concept plan
with the proposed name of the project/subdivision;
b. The name and address of the owner/developer and the land planner,
engineer architect orsurveyor responsible for the design or survey;
c. The scale of the drawing (both written and graphic scale) and north
arrow;
d. The date the drawing was prepared;
e. Total site acreage and the location of the property according to the
abstract and survey records of Denton County, Texas;.
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f. A vicinity or location map that shows the location of the proposed
development within the City (or its ETJ) and in relationship to existing
roadways;
g. The boundary survey limits of the tract and scale distances with north
clearly indicated;
h. The names of adjacent subdivisions (or the name of the owners of
record and recording information for adjacent parcels of unplatted
land), including parcels on the other sides of roads, creeks, etc.;
i. The existing uses of the subject property;
j. The general arrangement of future land uses, including the approximate
number of lots and any residential uses anticipated;
k. A generalized circulation plan for the subject property showing the
proposed locations and patterns of motor vehicle and pedestrian
traffic. Said circulation plan shall contain arrows indicating traffic flow;
1. The existing zoning and existing/proposed uses on adjacent land;
m. The location, width and names of all existing or platted streets or other
public ways within or adjacent to the tract;
n. The location, type, size and recording information for any existing
easements located on the subject property or within two hundred (200)
feet of the subject property. In the event no existing easements have
been dedicated, a note to that effect shall be provided;
o. The location and building footprints of existing buildings located on the
property. Existing buildings shall be noted as to those that are to
remain and those that are to be removed;
p. Railroad rights-of-way located within two hundred (200) feet of the
subject property;
q. Topography, including contours at five-foot intervals, with existing
drainage channels or creeks;
r. Any 100-year flood plain as designated on the appropriate Flood
Insurance Rate Map (FIRM) located on or within two hundred (200) feet
of the subject tract. In the event that a 100-year floodplain is not
located on the subject tract or within two hundred (200) feet of the
subject tract, a note to that effect must be provided with the
reference to appropriate panel number;
s. Any significant natural features such as rock outcroppings, caves,
wildlife habitats, etc.;
t. All substantial natural vegetation;
u. Location of Gas/Oil/Water wells or pipelines;
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v. Location, type, size, and ownership of all existing water and
wastewater lines. Said water and wastewater lines shall include all
appurtenances - i.e. valves, hydrants;
w. Location, type, and size of all drainage and other underground
structures;
x. Proposed connection to all existing water, wastewater, and drainage
systems;
y. Adjacent political subdivisions, corporate limits, and/or school district
boundaries;
z. Proposed strategies for tree preservation proposed strategies for tree
preservation in accordance with this Ordinance (showing individual
trees or tree masses that will preserved, and the techniques that will
be used to protect them during construction);
aa. The layout and width (right-of-way lines) of existing and proposed
thoroughfares, collector streets and/or intersections, and a general
configuration of proposed streets, lots and blocks, including proposed
median openings and left turn lanes on future divided roadways;
bb. Existing and planned driveways located within two hundred (200) feet
of the subject tract, including those located on the opposite side of
divided roadways;
cc. The arrangement of land uses and buildings, including but not limited
to:
(1) Proposed nonresidential and residential densities;
(2) Building footprints for each proposed structure;
(3) Building heights;
(4) Building square footages for each proposed structure. For multi-
tenant or multi-purpose buildings, show the square footage for
each intended use;
(5) Building massing and orientation;
(6) Location of loading/service areas;
(7) Location of recycling containers, compactors, dumpsters and
their enclosures;
(8) Sidewalks and pedestrian walkways;
(9) Parking plan showing the proposed on-site parking stalls with
dimensions and driveway aisles with dimensions;
(10) Retention/detention ponds with proposed aesthetic treatments;
(11) Screening walls;
(12) Fences;
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(13) Signage;
(14) Fire lanes with dimensions for fire lane aisles and turn-arounds;
(15) A lighting plan for all external lighting demonstrating that the
City's lighting standards have been met. Said lighting plan shall
include the following:
(a) The location and type of all lighting fixtures including
the height of all pole lights;
(b) A photometric analysis showing the estimated
illumination at the property line;
(c) The type of illumination fixtures to be utilized;
(d) The type and method of shielding proposed;
(e) Visibility easements; and
(f) Any proposed sites for parks, schools, public facilities,
public or private open spaces;
0 A landscape plan meeting the City standards for landscape
plans as specified in this Ordinance;
(17) An irrigation plan meeting the City standards for irrigation
plans as specified in this Ordinance;
(18) Building facade (elevation) plans showing the type and color of
the exterior materials to be utilized for each building or
structure and each screening wall. Said building elevations shall
be drawn to a scale of one inch equals twenty feet (1" = 20') or
any such similar architectural scale; and,
(19) All information and illustrations necessary to show the nature
and effect of proposed variations to the standards in the zoning
district.
Provision of the above items shall conform to the principles and standards of this
Ordinance and the Comprehensive Plan. To ensure the submission of adequate
information, the City is hereby empowered to maintain and distribute a separate list of
specific requirements for site plan review applications as well as other administrative
rules and policies. Upon periodic review, the City Planner, or designee, shall have the
authority to update such requirements pursuant to the Administrative Rules of the
Ordinance. It is the applicant's responsibility to be familiar with, and to comply with,
these requirements.
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CHAPTER 17 VISUAL SCREENING (ORD. 684)
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 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
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(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. Theaccommodation 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
a. 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).
b. 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.
c. 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.
3. Permits
a. 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
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City. Said detailed landscape plan shall meet the minimum
requirements and specifications contained in this Chapter.
b. 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 tot. 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.
B. Spacing of plant material where appropriate.
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.
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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), andall'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:
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 1/z') 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').
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d. Understory/omamental 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.
(2) Hedges, where installed for buffering purposes, shall be planted
and maintained so as to form a continuous, 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.
B. 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 for an 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.
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:
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a. The following percentages of landscaping coverage are the minimum
required for all properties that are subject to this subsection.
(1) Twenty percent (20%) landscaping coverage for all commercial,
service, office and multi-family districts.
(2) Ten percent (10%) landscaping coverage for industrial district
and the C-2G district.
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 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
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(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 tine 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.
c. Minimum Requirements for Off-Street Parking and Vehicular Use Areas -
Parking lots and vehicular use areas for developments within all the
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
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 to 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.
(b) Interior landscape areas shall be protected from
vehicular encroachment or overhang through
appropriate wheel stops or curbs.
(c) 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.
(d) 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.
(e) The City Planner or 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 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 and other vehicular use areas, except for driveways that provide
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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)below.
(2) 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) Twenty-five (25) shrubs that reach a minimum of one
and one-half feet (1-1/2') and up to a maximum four
feet (4') height at maturity, grouped in natural
formations and utilizing at least three (3)specie.
(d) Curvilinear berm measuring a minimum two (2) feet in
height;
(e) All areas not covered by plant materials specified 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.
(a) All structures shall be treated with landscaping so as to
enhance the appearance of the structure and to screen
any detractive or unsightly appearance.
8. Landscaping shall be provided on each developed lot in accordance with the
following standards:
a. Native Overstory Trees - Overstory trees shall be planted in non-
vehicular open space to meet the following criteria.
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%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
b. Vehicular driveways from the public right-of-way and sidewalks,
installed in accordance with City standards, shall be permitted through
all required landscaping.
c. 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.
9. 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.
10. 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 shalt 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) 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.
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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.
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CHAPTER 18 OFF-STREET PARKING AND LOADING REGULATIONS
A. General Provisions
Application to existing and future uses.
1. Except as provided hereafter, the parking space requirements of this ordinance
shall apply to all buildings hereafter erected, to all changes in use hereafter
made, and to all expansions of present uses. Existing uses not meeting the
requirements of this section may be continued, and such uses shall be
considered as non-conforming uses. Except as provided hereafter, no change in
use shall be permitted unless the number of off-street parking spaces required
by this section for such proposed use shall have been provided.
2. Exception to application for existing uses and changes in uses. Buildings before
the passage of this ordinance are exempt from being required to have the
number of off-street parking spaces required by this section when:
a. The use of the building is being changed, but the building is not being
enlarged; or
b. The building is being renovated, but not enlarged; or
c. The building is being brought back into use after being vacant.
3. Where an existing building or use is being enlarged, the entire building or use
shall comply with all provisions of this section.
B. Location
The off-street parking facilities required for the uses mentioned in this regulation and
for other similar uses shall be on the same lot or parcel of land as the structures they
are intended to serve, or, when practical difficulties, as determined by the Board of
Adjustment, prevent their establishment upon the same lot or parcel, such facilities
shall be located within (200') (two hundred feet)of the premises which they or alley.
C. Continuing Character of Obligation.
The schedule of requirements for off-street parking applicable to newly erected or
substantially altered structures shall be a continuing obligation of the owner of the real
estate on which such structure is located so long as the structure is in existence its use
requiring vehicle parking continue. No owner of any building affected by these
regulations shall discontinue, change or dispense with, or cause the discontinuance
change of, the required vehicle parking spaces apart from the discontinuance or
transfer of such structure or without establishing adequate parking spaces which m with
the requirements of, and are in compliance with, these provisions. No person firm or
corporation shall use such building without acquiring such land for vehicle parking that
meets the requirements and is in compliance with, this section.
D. Construction and Maintenance.
Off-street parking facilities shall be constructed, maintained and operated in accord
with following specifications:
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1. Areas shalt be property graded drainage, and surfaced with concrete, asphaltic
concrete, or asphalt and maintained in good condition, free of weeds, dust,
trash and debris.
2. Where the area is adjacent to property used for residential purposes, there
shall be provided for the length of common boundary, a wall or solid screening
fence not less than 6' (six feet) in height, measured from the finished grade of
the parking area
3. Lighting facilities shall be arranged so that the source of light is concealed from
view from adjacent residential property and does not interfere with traffic.
4. Construction and(location of entrances, exits, aprons, stops, etc., shall be
according to standard city specifications and shall be located so as to minimize
traffic congestion.
5. Any use requiring 5 (five) or more off-street parking spaces under the provisions
of this section shall be required to delineate or mark each space in a manner
acceptable to the city. Said delineation or marking shall be in accordance with
the parking plan as approved in conjunction with the building
E. Minimum Dimensions and Specification for Off-Street Parking Facilities.
Off-street parking facilities shall be designed to m the following minimum dimensions
and specifications:
1. Ninety-degree angle parking: Each parking space shall not be less than in width
and 18' (eighteen feet) in length Maneuvering space shall not be less than 24'
(twenty-four feet)for one-way or two-way traffic operation.
2. Sixty-degree angle parking: Each parking space shall not be less than 9' (nine
feet) wide perpendicular to parking angle and not less than 18' (eighteen feet)
in length when measured at right angles to the building or parking line.
Maneuvering space shall not be less than 17'- 6" (seventeen feet and six inches)
for one-way traffic operation, and 20' (twenty feet) for two-way traffic
operation perpendicular to the building or parking line.
3. Forty-five-degree angle parking: Each parking space shall not be less than 9'
(nine feet) wide perpendicular to the parking angle nor less than 19' (nineteen
feet) length when measured at right angle to the building or parking line.
Maneuvering space shall not be less than 13' - 5" (thirteen feet and five inches)
for one-way traffic operation and 20' (twenty feet) for two-way traffic
operation perpendicular to the building or parking line.
4. Thirty-degree angle parking: Each parking space shall not be less than 9' (nine
feet) wide perpendicular to the parking angle nor less than 15' - 11" (fifteen
feet and eleven inches) in length when measured at right angles to the building
or parking tine. Maneuvering space shall not be less than 12' (twelve feet) for
one-way traffic operation and 20' (twenty feet) for two-way traffic operation
perpendicular to the building or parking line.
5. Parallel parking. Each parking space shall not be less than 9' (nine feet) wide
perpendicular to the curb or parking line nor less than 22' (twenty-two feet) in
length measured parallel with the curb or parking line. Maneuvering space shall
not be less than 10' (ten feet) for one-way traffic operation and 20' (twenty
feet)for two-way traffic operation parallel to the parking line.
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6. Island requirements for single row parking: An island, encompassing not less
than 180 (one hundred and eighty) square feet in area, shall be located at both
ends of every single parking row of 15 (fifteen) parking spaces or greater.
7. Island requirements for double row parking- An island, encompassing not less
than 360 (three hundred and sixty) square feet in area, shall be located at both
ends of every double parking row of 25 (twenty-five)parking spaces or greater.
8. When off-street parking facilities are located adjacent to a public street, a
portion of said street right-of-way may be utilized as maneuvering space.
9. When off-street parking facilities are located adjacent to a public alley, the
width of said alley may be assumed to be a portion of the maneuvering space
requirement.
10. When off-street parking facilities are provided in excess of the minimum
amounts herein specified, or when off-street parking facilities are provided, but
not required by this section, said off-street parking facilities shall comply with
the minimum requirements for parking and maneuvering space herein specified.
F. Measurement and Computation
1. Mixed uses.
Where more than one (1) use exists on the same site or in the said building, the
portion of such site or building devoted to each use shall be used in computing
the number of off-street parking spaces required for such use. For such site or
building the total requirements for off-street parking spaces shall be the sum
the requirements of the various uses computed separately. The off-street
parking space for one (1) use shall not be considered providing the required off-
street parking. The City Planner or designee is authorized to approve a parking
analysis, which may be used to generate parking needs, but in no case shall the
required parking be less than ten percent (90%) of the overall total combined
parking calculation. Parking provided over the requirement by ten percent
(10%) or more shall provide pavement that is sixty percent (60%) pervious in the
parking lot.
2. Fractional measurement.
When the requirement for each separate use is computed, fractions of one-half
shall be counted at actual value. When units of measurement determining the
total number of required off-street parking spaces result in a requirement of a
fractional space, any fraction of one-half or over shall require one (1) parking
space.
G. Schedule Of Required Spaces
The classification of uses enumerated in this schedule is general and is extended to
include all similar uses. Where classification of use is not determinable from schedule,
the director of planning shall fix the classification.
1. Single- and Two-Family Residential Uses
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a. Single- and two-family residential uses shall provide two (2) parking
spaces for every residence not counting spaces provided within a
garage. Each parking space shall be no less than twenty-eight (28) feet
in length and nine (9) feet wide where driveways access garages from
the front yard or side yard. Where driveways are access from an alley,
such parking spaces shall be no less than twenty (20) feet deep and 9
feet wide.
b. Required off-street parking shall be provided on the same lot/site as
the use it is to serve.
c. All vehicle parking areas shall be on an improved, dust-free surface
installed to meet or exceed City standards for paving, parking and on-
site circulation. All driveways and approaches to parking spaces shall be
similarly improved.
d. No required parking space, garage, carport, or other motor vehicle
storage space shall be used for the storage of any heavy load vehicle
(see definitions for heavy load vehicle).
2. For apartments, apartment hotel units and other multifamily dwellings, off-
street parking spaces shall be provided in accord with the following schedule:
Number of Required Spaces
a. One-bedroom apartment or unit 1 1/2
b. Two-bedroom apartment or unit 2
c. Each additional bedroom 2
d. Each dwelling unit provided exclusively for
low income elderly*occupancy 3/a
e. Plus guest parking 1 per 4 units
(*"Low income elderly" is defined as any person 62 (sixty-two) years of age or
older whose annual income is eligible for low rent public housing.)
3. For each of the following uses, or for any likeuse, three (2) off-street parking
space shall be provided for each 1,000 (one thousand)square feet of gross floor
area or lot area devoted to each use:
a. Blueprinting.
b. Business service establishments.
c. Contractor's equipment yard.
d. Fabricating plants.
e. Lumberyards.
f. Printing and engraving plants.
g. Public utility building (except offices).
h. Research laboratories.
i. Soft-drink bottling establishments.
j. Warehouses and storage buildings and yards (except mini-storage
warehouses and offices).
k. Warehouse and storage areas in wholesale establishments.
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1. Well drilling equipment yard.
m. Similar uses.
4. For each of the following uses, or for any like use, one and one-half ( 1.5) off-
street parking spaces shall be provided for each bedroom:
a. Hotel.
b. Motel.
c. Tourist home.
d. Other similar transient accommodations.
5. For each of the following uses, or for any like use, off-street parking spaces
shall be provided as follows:
a. 1 (one) space for each 2 (two) persons which the establishment is
designed to house, plus 1 (one)space for each 3 (three)employees:
b. Club having sleeping accommodations.
c. Dormitory.
d. Fraternity.
e. Lodging house.
f. Rooming house.
g. Sorority.
h. Other similar group quarters.
6. For each of the following uses, or for any like use, 1 (one) off-street parking
space shall be provided for each 4 (four) employees, 1 (one) off-street parking
space for each 4 (four) patient beds, and 1 (one) off-street parking space for
each staff doctor:
a. Asylums.
b. Convalescent homes.
c. Homes for the aged and infirm.
d. Hospitals and all other similar institutions.
e. Orphanages.
7. For each of the following uses or for any similar use, 1 (one) off-street parking
space shall be provided for each 2 (two) employees or staff members, plus 1
(one) off-street parking space for each 5 (five) children for which the facility is
licensed by the state:
a. Children's day care center.
b. Kindergarten or early education programs.
8. For each of the following uses, off-street parking spaces shall be provided
according to the specified number:
a. Elementary and junior high schools (public, parochial, private)
hereafter erected, reconstructed or enlarged shall provide 1 (one)
space for each 2 (two) teachers and 1 (one) space for each 2 (two)
persons employed on the premises. In addition, if buses for the
transportation of children are kept at the school, 1 (one) off-street
parking space shall be provided for each bus.
b. Senior high schools (public, parochial, private) hereafter erected,
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•
reconstructed, or enlarged shall provide 1 (one) space for each 2 (two)
persons employed on the premises, plus 1 (one) additional space for
each 10 (ten) students enrolled. In addition, for buses kept at the
school, 1 (one)off-street parking space shall be provided for each bus.
c. Colleges and universities: For aLL colleges and universities hereafter
erected, reconstructed, or enlarged, provisions shall be made for off-
street parking of motor vehicles for the use of teachers, staff members,
students, visitors, and employees. Such parking shall provide 1 (one)
space for each 2 (two) teachers, and members of the technical and
administrative staff, plus 1 (one) space for each 4 (four) additional
persons employed on the premises, plus 1 (one) space for each 5 (five)
day students not residing on campus.
9. For each of the followinguses, or for any like use, 1 (one) off-street parking
space shall be provided for each 4 (four) seats for patron use, or for each 100
(one hundred)square feet of gross floor area, whichever is greater:
a. Bars.
b. Dancehalls.
c. Lunch counters and drive-ins.
d. Nightclubs.
e. Restaurants and all other similar dining or drinking establishments.
f. Taverns
10. All indoor theaters shall provide 1 (one) off-street parking space for each 5
(five)seats or patron use.
11. For each of the following uses, or for any like use, thee (3) off-street parking
space shall be provided for each one thousand (1,000) square feet of gross
floor area:
a. Assembly halls.
b. Auditoriums.
c. Bowling alleys.
d. Churches.
e. Circus tents
f. Community halls.
g. Convention halls.
h. Depots, freight terminals, passenger terminals.
i. Exhibition halls.
j. Funeral homes.
k. Gymnasiums.
1. Libraries.
m. Mortuaries.
n. Museums.
o. Racetrack structures.
p. Recreation halls.
q. Sports area structures.
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r. Stadiums.
s. Retail establishments, except as provided in section "L" below.
12. For each of the following uses, or for any like use, 5 (five) off-street parking
space shall be provided for each 1,000 (one thousand) square feet of gross floor
area:
a. Banks and other financial and lending institutions.
b. Barber and beauty shops.
c. Motor vehicle filling stations or repair garages, muffler or tire shops.
d. Personal service shops.
e. Retail establishments including meat markets, grocery stores,
supermarkets, and other service establishments.
f. Sales, display, customer, or office areas in wholesale establishments.
B. Indoor recreation.
h. Junior- and big-box retail.
13. All office buildings, medical, dental clinics and laboratories shall provide 3
(three) off-street parking space for each 1,000 (one thousand) square feet of
gross floor area.
14. For mini-storage warehouses, public storage rental units, and similar uses,
there shall be 1 (one) off-street parking space provided for every 2 (two)
storage units, or for every 400 (four hundred) square feet of gross floor area,
whichever is greater.
15. For each of the following uses, or any like use, 1 (one) off-street parking space
shall be provided for each 5 (five) members of such use or 1 (one) off-street
parking space for each 300 (three hundred) square feet of gross floor area, plus
1 (one) off-street parking space for each 5,000 (five thousand) square feet of
gross land area, whichever is greater:
a. Fraternal organizations, lodges an similar societies not providing over
night accommodations or any regular service of food or alcoholic
beverages and not affiliated with a college or university. (If overnight
accommodations are provided, the requirements of section A.3-6 shall
be applicable.)
b. Civic clubs and similar societies not providing regular service of food or
alcoholic beverages. (If overnight accommodations are provided, the
requirements of section A.3.6 shall be applicable.)
16. For each of the following uses, or like use, 1 (one) off-street parking space shall
be provided for each 4 (four) members of such use or 1 (one) off-street parking
space each 300 (three hundred) square feet of gross floor area plus 1 (one) off-
street parking space for each 3,000 (three thousand) square feet of gross land
area up 10 (ten) acres, and 1 (one) off-street parking spa for each 6,000 (six
thousand) square feet of gross area in excess of 10 (ten) acres, whichever
greater:
a. Private clubs and community clubs not providing regular service of or
alcoholic beverages. (If overnight accommodations are provided,
requirements of section A.3-6 shall be applicable.)
17. For each of the following uses, or like use, 1 (one)off-street parking space shall
be provided for each 2 (two) members of such use or 1 (one) off-street parking
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space each 300 (three hundred) square feet of gross floor are plus 1 (one) off-
street parking space for each 1,500 (one thousand five hundred) square feet of
gross Land area up 10 (ten) acres, and 1 (one) off-street parking spa for each
5,000 ( five thousand) square feet of gross area in excess of 10 (ten) acres,
whichever greater:
a. Private clubs and community including regular service of food
18. Exception to required number of spaces
a. The number of off-street parking spaces required may be reduced by no
more than ten percent(10%)if the following conditions are met:
(1) A minimum of fifty (50) parking spaces are required by this
chapter
(2) A green space consisting of 90% (ninety percent) pervious cover
must occupy the same space as would the required parking
space; and
(3) The green space(s) must be evenly distributed through the
parking lot and shall be no less than one hundred eighty (180)
square feet; and
(1) For the purpose of this section, a green space means
land which is maintained in a natural state and
reserved for landscaping, consisting grass or other
vegetative ground cover and other combinations of
trees, shrubs, or flowering plant The green space may
not be used for the parking of vehicles.
(2) Use of underground storm water infiltration systems.
(3) A parking study that analyzes the over uses of a mixed
use development as described within the mixed use
parking section requirements.
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CHAPTER 19 NONCONFORMING BUILDINGS AND USES
A. General
1. The lawful use of any building, structure land existing at the time of the
enactment of+ordinance may be continued although such does not conform with
the provisions of ordinance, provided, however, the right to continue such non-
conforming uses shall be subject to regulations prohibiting the creation of a
nuisance and shall terminate when inappropriate use the premises produces a
condition which constitutes a nuisance and further, the right of non-conforming
uses to continue shall be subject to s regulations as to the maintenance of the
premises and conditions of operations as may in judgment of the City Council
serving in capacity of the Board of Adjustment be reasonably required for
protection of adjacent property and further, the right of non-conforming uses
continue shall be subject to the following regulations:
a. Normal repairs and maintenance may be made to a non-conforming
building or structure; provided that no structural alterations shall be
made except those required by law or ordinance or those necessary for
installing or enclosing required sanitary facilities such as toilets and
bathrooms.
b. A non-conforming building or structure shall not be moved in whole or
in part unless every portion of such building or structure is made to
conform to all regulations of the district on which it is to be located.
c. If a non-conforming building or structure is damaged or destroyed to an
extent of less than 50% (fifty percent) of its fair market value by fire,
explosion, or act of God, then the restoration of new construction shall
be permitted: If destruction is greater than 50% (fifty percent) of its
fair market value, such building or structure and its use if repaired or
replaced shall conform to all regulations of the district in which it is
located and shall be treated as a new building.
d. A non-conforming use shall not be enlarged or extended except upon
authorization by the City Council serving in capacity of the Board of
Adjustment. A non-conforming use may be changed to a conforming
use so long as it complies with the standards of the district in which it
is located. If such non-conforming use or portion thereof is voluntarily
changed to a conforming use, any future use of such building, structure
or portion thereof shall conform to the regulations of the district in
which such building is located.
B. Non-conforming Buildings
A non-conforming building or structure may be occupied except as herein otherwise
provided.
1. Abandonment. A non-conforming use of any building, structure or land which
has been abandoned shall not thereafter be returned to such non-conforming
use. A non-conforming use shall be considered abandoned:
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a. When the intention of the owner to discontinue the use is apparent; or,
b. When the characteristic equipment and furnishings of the non-
conforming use have been removed from the premises and have not
been replaced by similar equipment within 1 (one)year; or,
' c. When a non-conforming building, structure or land or portion thereof
which is or hereafter becomes vacant and remains unoccupied or out of
use for a continuous period of (one)year; or,
d. When it has been replaced by a conforming use ,
C. Non-Conforming Use Of Land
The non-conforming use of land at the time of the effective date of this ordinance may
continue as herein provided:
1. A non-conforming use of land shall not be expanded, extended, or changed to
some other use not in compliance with the regulations of the district in which
the land is situated.
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CHAPTER 20 UNCERTAIN DISTRICT BOUNDARY VERIFICATION PROCEDURE
A. Where uncertainty exists with respect to the boundaries of the various zoning districts
as shown on the official zoning map, the following rules shalt apply:
1. The district boundaries are either street or alley center lines unless otherwise
shown and where the districts designated on the map are made approximately
by street or alley center lines, the street or alley center lines shall be construed
to be the boundary of the district.
2. Where the district boundary is not otherwise indicated, and where the property
has been or may hereafter be divided into blocks and lots, the district
boundaries shall be construed to be the lot lines. Where the district boundaries
are currently bound by lot lines, such lot lines shall be construed as district
boundaries.
3. In un-subdivided property, the district boundary lines on the map shall be
determined by the use of the scale appearing on the map.
4. In subdivided property, where a district boundary line divides property into 2
(two) parts, the district boundary line shall be construed to be the property line
nearest the district boundary line as shown.
5. Whenever any street, alley or other public way is vacated by official action of
the City Council, the zoning district adjoining each side of the alley, street or
public way shall be automatically extended to the center of such vacation and
all area included in the vacation shall thereafter be subject to all regulations of
the extended districts.
6. Where streets or alleys on the ground differ from the streets or alleys shown on
the official zoning map, the streets or alleys on the ground shall control.
B. If more of the foregoing apply, the City Council and the Planning and Zoning
Commission shall determine the location of the district boundary.
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CHAPTER 21 ----ZONING OF ANNEXED AREAS
A. General
Unless the owner, agent, individual, or duly authorized representative request a
specific zoning classification at the time of request for annexation, then all property
hereafter annexed into the City limits shall be automatically classified as "RU" pending
action by the City Council on original zoning. On property classified as Pre-
Development, no permits for the construction of a building or use of land, other than
for uses permitted: in such district, shall be issued by the City Building Official.
B. Zoning Procedure before the Planning and Zoning Commission and City
Council
The procedure for the zoning of annexed areas shall be the same as specified "Section 5
Procedure Regarding Zoning Changes or Amendments to Zoning Classifications" of this
ordinance or as allowed under L.G.C. 5 211.
C. Purpose For a Change or Amendment
The City Council may from time to time on its own, by ordinance, motion or on a
proper application or petition amend, supplement, change, modify, or repeal the
boundaries of the districts, zoning designations, and district boundaries herein
established. . Before taking any such action, the City Council shall submit the same to
the Planning and Zoning Commission for its recommendation and report.
Any person, firm, or corporation petitioning the City Council for a change in the zoning
district map, shall do so upon forms provided for such purpose by City Planner or
designee. All applications for changes in the zoning district map shall be filed with the
City Planner or designee.
D. Change in District Boundaries
Whenever the boundaries of a Zoning District are changed from 1 (one) district
designation to another district designation, or when the boundaries of districts are
changed as a result of annexation of new territory, or changed in the regulations or
restrictions of this ordinance, the foregoing provisions relating to non-conforming uses
shall also apply to any uses existing therein which may become non-conforming.
1. modification in the boundaries of any zoning district, such amendment,
supplement, change or modification in the boundaries of such zoning district
shall not be submitted again prior to the expiration of 12 (twelve) months from
the date of the order or decision of the City Council against such amendment,
supplement, change or modification in the boundaries of any zoning district,
such amendment, supplement, change or modification in the boundaries.
2. If a written protest against such change signed by the owners of 20% (twenty
percent) or more, either of the area of the lots or land included in such
proposed change, or of the lots or land immediately adjoining the same
extending 200' (two hundred feet) there from, such amendment shall not
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become effective except by the favorable vote of three-fourths 3/4th of all
members of the City Council.
3. When the Planning and Zoning Commission has recommended a change in
zoning regulations or district boundaries, the City Council shall be at liberty to
either accept, reject or take other action provided such action is consistent
with the public concern and the provision of this section.
4. After receiving the recommendation of the Planning and Zoning Commission,
the City Council shall at either a regular or special meeting act upon such
recommendation for approval or disapproval concerning the proposed changes
or amendments.
5. Any changes shall become a part of the ordinance changing the zoning
classification of such property and shall be considered as an amendment to the
Zoning Ordinance as applicable to such property.
6. Any changes shall not be considered conditions precedent to the granting of the
change in zoning or the granting of building permits on such property, but shall
be construed as conditions precedent to the granting of a certificate of
occupancy in compliance.
7. Such requirements shall be complied with before a certificate of occupancy
may be issued by the Building Official for the use or occupancy of the building,
land or structure on such property.
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CHAPTER 22 ADMINISTRATIVE RULES
A. Authority
The City Planner or a designee shall create appropriate rules, which contain rules,
policies, criteria and standards and shall be responsible for making determinations on
the application and interpretation of same. The City Planner or designee is authorized
to interpret Administrative Rules and provide written interpretations and policies
relative to ordinance provisions of the City.. Administrative rules apply to all
applications to the city and are the implementation of the ordinances and policies of
the City. This ordinance shall cause these Administrative Rules to be prepared,
interpreted, and enforced administratively as well as authorize the City Planner or
designee the authorities inherent in this Chapter.
B. Adoption
Administrative Rules and Authorities are hereby established and adopted as an
enforceable administrative element of this ordinance.
C. Administrative rules may contain:
1. Design and construction standards and/or manuals;
2. Policies; and Guidelines;
3. Application deadlines and schedules;
4. Fees and fines;
5. Applications;
6. Checklists;
7. Interpretations and findings;
8. Processes; and,
9. Other information as deemed necessary to enforce, interpret or explain the
ordinances and provisions of the City of Cibolo and protect the health, safety
and welfare of the community.
D. Amendments to Administrative Rules
1. Administrative Rules of the City may be updated or amended from time to
time. It is the responsibility of the applicant to be aware of any changes.
Administrative Rules are available through the City Secretary, the Building
Official, and the City Planner's offices. When available, Administrative Rules
will be placed on the City's web site.
2. Notice of amendments to Administrative Rules shall be posted for ten (10)
calendar days prior to their effective date. Posting shall occur at City Hall on
the City's Official Bulletin Board and/or at the City Building Inspections
window, indicating where the document is available for examination. When
available, such notice will be placed on the City's web site.
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3. The City Planner or designee and the City Secretary shall maintain a copy of all
Administrative Rules which will be updated as amendments occur.
4. Amendments are automatically enjoined, have the full authority of this
ordinance and become effective via these administrative rulemaking
procedures.
E. Appeal of Determination
An applicant may appeal the determination of the City Planner or designee to the City
Manager, showing just cause for their appeal in writing within 10-days of the City
Planner's determination. The City Manager will make a determination regarding the
appeal within 30-days of the appeal receipt. The decision of the City Manager may be
appealed to the City Council in writing within 10-days of that determination. All
appeals shall be delivered to the City Secretary's office. Appeals to the City Council
will be placed on an agenda within 30-days. The decision of the City Council is final.
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CHAPTER 23 ENFORCEMENT AND ADMINISTRATION OF REGULATIONS
A. General
L The owner of a building or premises in or upon which a violation of any
provision of this ordinance has been committed or shall exist, or the lessee or
tenant of an entire building or entire premises in or upon which a violation has
been committed or shall exist, or the agent, architect, building contractor, or
any other person, firm or corporation who commits, takes part or assist in any
violation, or who maintains any building or premises in or upon which such
violation exists, shall, upon conviction, be fined not more than two-thousand
dollars ($2000.00) per offense. Each day that such violation occurs continues as
a separate offense. (Ord. 640)
2. If a building or other structure is erected, constructed, reconstructed, altered,
repaired, converted, or maintained or if a building, other structure, or land is
used in violation of this ordinance, the appropriate City authority, in addition
to other remedies, may institute appropriate action to:
a. Prevent the unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, or use;
b. Restrain, correct, or abate the violation;
c. Prevent the occupancy of the building, structure, or land; or
d. Prevent any illegal act, conduct, business, or use on or about the
premises.
3. No person shall erect or construct or proceed with the erection or construction
of any building or structure, nor add to, enlarge, move, improve, alter, repair,
convert, extend or demolish any building or structure or cause the same to be
done in any zoned district in the City of Cibolo without first applying for and
obtaining a building permit therefore from the Building Official.
4. All applications for such permits shall be in accordance with the requirements
of this ordinance and building code for the City of Cibolo unless upon written
order of the City Council acting as the Board of Adjustment ; no such building
permit or certificate of occupancy shall be issued for any building where such
construction, addition, alteration or use thereof would be in violation of any of
the provisions of this ordinance
5. No building permit or certificate of occupancy shall be issued except where the
provisions of this ordinance have been complied with.
6. No oversight or dereliction on the part of any City Official or employee of the
City shall legalize, authorize, or excuse the violation of any of the provisions of
this ordinance.
7. In interpreting and applying the provisions of this ordinance, they shall be held
to the minimum requirements for the promotion of the public health, safety,
and/or welfare of the public.
8. It is not intended by this ordinance to interfere with or annul any easement
covenants or other agreements between parties, except if this ordinance
imposes a greater restriction.
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B. Powers and Duties of the Building Official
1. Whenever any building work is being done contrary to the provisions of this
ordinance, the Building Official may order the work stopped and also revoke the
building permit theretofore issued by notice in writing served on any person
owning such property or their agent or on any person engaged in the doing or
causing of such work to be done, and any such person shall forthwith stop and
cause to be stopped such work until authorized by the Building Official to
recommence and proceed with the work or upon issuance of a building permit
in those cases in which the building permit has been revoked, and further such
stop work order and revocation of permit shall be posted on work being done in
violation of this ordinance.
2. Whenever any building or portion thereof is being used or occupied contrary to
the provisions of this ordinance, the Building Official shall order such use or
occupancy discontinued and the building or portion thereof vacated by notice
served on any person using or causing such use or occupancy to be continued,
and such person shall vacate such building or portion thereof within 10 (ten)
days after receipt of such notice, or make the building or portion thereof
comply with the requirements of this ordinance.
C. Certificate of Occupancy
1. No vacant land shall be occupied or used except for agricultural purposes unless
otherwise authorized by this Zoning Ordinance and no building hereafter
erected or structurally altered shall be used or occupied until a certificate of
occupancy shall have been issued by the Building Official of the City of Cibolo
stating that the building or proposed use thereof complies with the provisions
of this ordinance and all other existing building and sanitation ordinances.
2. No non-conforming use shall be maintained, renewed, changed or extended
without a certificate of occupancy having first been issued by the Building
Official of the City of Cibolo therefore.
3. Application for a certificate of occupancy shall be made in writing coincident
with the application for a building permit, or may be directly applied for where
no building permit is necessary and shall be issued or refused in writing within 5
(five) days after the Building Official has been notified that the building or
premises is ready for occupancy.
4. The Building Official shall maintain a record of all certificates and copies shall
be furnished upon request to any person having a proprietary or tenancy
interest in the building affected.
5. No permanent water, sewer, electrical or gas utility connections shall be made
to the land, building, or structure until and after a certificate of occupancy has
been issued by the Building Official of the City of Cibolo.
6. Upon request of the owner or authorized representative, the Building Official
may issue a temporary certificate of occupancy for the temporary use and
occupancy of a portion of a building prior to the completion and occupancy of
the entire building, provided such temporary occupancy or use will not in any
way or manner jeopardize life or property. Such temporary certificate may be
issued for a period not exceeding six months. Such temporary certificate shall
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
not be construed as in any way altering the respective rights, duties or
obligations of the owners relating to the use or occupancy of the premises, or
in any other matter covered by this ordinance, and such temporary certificate
shall not be issued except under such restrictions and provisions.
7. The penalty for occupying a building prior to the issuance of a Certificate of
Occupancy shall be determined by the City Council.
r
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CHAPTER 24 DEFINITIONS
For the purpose of this ordinance, the following terms, phrases, words and their derivations
shall have the meaning given herein. When consistent with the context, words used in the
present tense include the future, words in the plural number include the singular number,
words in the singular number include the plural number, and words in the masculine gender
includes the feminine gender. Definitions are expressly prescribed herein to be determined in
accordance with customary usage in municipal planning and engineering practices. The word
"shall" is always mandatory, while the word "may' is merely directive directory. Terms used in
this ordinance which are not defined herein shall be construed to mean the same as those terms
and words contained in the adopted International Codes.
1. ACCESSORY BUILDING: A building, area, part of a building, structure or use which is
subordinate to, and the use of which is incidental to, that of the main building, structure or use
on the same lot. Within residential zones the accessory structure or use shall be limited in area
as set forth within the underlying zone classification, unless the building is used in conjunction
with permitted farming or raising of animals.
2. ACCESSORY LIVING QUARTERS: An accessory building used solely as the temporary dwelling of
guests of the occupants of the premises; such dwelling having no kitchen facilities and not
rented or otherwise used as a separate dwelling unit.
3. ACCESSORY STRUCTURE: A structure on the same lot with and of a nature customarily
incidental and subordinate to the principal structure. Storage sheds, temporary construction
trailers, utility sheds, garage carports, etc.
4. ACCESSORY USE: A use conducted on the same lot as the primary use of the structure to which
it is related; a use that is clearly incidental to, and customarily found in connection with, such
primary use.
5. ACCESSORY, AGRICULTURAL: Relating to the science or art of cultivating soil or producing
crops to be used or consumed directly or indirectly by man or livestock, or raising of livestock.
6. AIRPORT HAZARD: Any structure or tree or use of land which obstructs the airspace required
for the flights of aircraft in landing or taking off at an airport or which is otherwise hazardous
to such landing or taking off of aircraft, and any use of land which is hazardous to persons or
property because of its proximity to an airport.
7. ALLEY: Any public way or thoroughfare more than 10' (ten) feet (3048 mm), but less than 16'
(sixteen) feet (4877 mm), in width, which has been dedicated to the public for public use
abutting and having access to a public road.
8. ALTERATION:Any change, addition or modification in construction, occupancy or use.
9. AMENDMENT: A change in the wording, context, or substance of this ordinance, or change in
the 1 (one)boundary upon the zoning map, which map is a part of this Ordinance.
10. AMUSEMENT CENTER: An establishment offering 5 (five) or more amusement devices,
including, but not limited to, coin-operated electronic games, shooting galleries, table games
and similar recreational diversions within an enclosed building.
11. APARTMENT HOTEL: Any building containing both apartments and rooming units in same
combination, having a desk or lobby attended 24 hours a day and providing some services
customary and appropriate to a hotel, such as maid and room service, but not having any public
meeting room.
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12. APARTMENT HOUSE: A residential building designed or used for three or more dwelling units.
13. APARTMENT: An"apartment"is a dwelling unit in a multi-family apartment house. Any building
or portion thereof which is designated or occupied by more than 2 (two)families.
14. AUTOMOTIVE REPAIR, MAJOR: An establishment primarily engaged in the repair or
maintenance of motor vehicles, trailers and similar large mechanical equipment, including.
paint, body and fender, and major engine and engine part overhaul, which is conducted within
a completely enclosed building.
15. AUTOMOTIVE REPAIR, MINOR: An establishment primarily engaged in the repair or
maintenance of motor vehicles, trailers and similar mechanical equipment, including brake,
muffler, upholstery work, tire repair and change, Lubrication, tune ups, and transmission work,
which is conducted within a completely enclosed building.
16. AUTOMOTIVE SELF-SERVICE STATION: That portion of property where flammable or
combustible liquids or gases used as fuel are stored and dispensed from fixed equipment. Such
an establishment shall be permitted to offer for sale at retail other convenience items as a
clearly secondary activity and shall be permitted also to include a freestanding automatic car
wash.
17. AUTOMOTIVE SERVICE STATION: That portion of property where flammable or combustible
liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks
of motor vehicles. Accessory activities shall be permitted to include automotive repair and
maintenance, car wash service, and food sales.
18. BASEMENT: Any floor level below the first story in a building, except that a floor level in a
building having only 1 (one) floor level shall be classified as a basement unless such floor level
qualifies as a first story as defined herein.
19. BD (BUSINESS DISTRICT): Any of the various zoning districts designated for business including
commercial retail and industrial.
20. BILLBOARD: A structure for the purpose of leasing advertising space to promote an interest
other than that of an individual, business, product or service available on the premises on
which the billboard is located. Measures height greater than 12' (twelve feet)and width greater
than 18' (eighteen feet).
21. BLOCK: A tract of land bounded by streets or a combination of streets and public parks, or
corporate boundaries of the City of Cibolo.
22. BOARDING HOUSE: A dwelling containing a single dwelling unit and not more than 10 (ten)
guest rooms or suites of rooms, where lodging is provided with or without meals, for
compensation for more than 1 week.
23. BUILDING CODE: The International Building Code, latest adopted edition, promulgated by the
International Code Council, as adopted by the jurisdiction.
24. BUILDING HEIGHT: The vertical distance above the average existing grade measured to the
highest point of the building. The height of a stepped or terraced building shall be the
maximum height of any segment of the building.
25. BUILDING LINE: The perimeter of that portion of a building or structure nearest a property line,
but excluding open steps, terraces, cornices and other ornamental features projecting from the
walls of the building or structure.
26. BUILDING LOT: A tract of land which, at the time of filing for a building permit, is intended by
its owner or developer to be used, developed, or built upon as a unit, under single ownership or
control. It shall front upon a dedicated street.
27. BUILDING, COMMERCIAL/RECREATION: Any building designed for or occupied by, bowling
alleys, health clubs, swimming pools, ice skating and billiards.
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28. BUILDING, DETACHED: A building, which is surrounded by yards or open space on its building
lot.
29. BUILDING, MAIN:A building in which the principal use of the site is conducted.
30. BUILDING, TEMPORARY: A building used temporarily for the storage of construction materials
and equipment incidental and necessary to on-site permitted construction of utilities, or other
community facilities, or used temporarily in conjunction with the sale of property within a
subdivision under construction.
31. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
32. BUSINESS OR FINANCIAL SERVICES: An establishment intended for the conduct or service or
administration by a commercial enterprise, or offices for the conduct of professional or
business service.
33. CANOPY: A roofed structure constructed of fabric or other material supported by the building
or by support extending to the ground directly under the canopy placed so as to extend outward
from the building providing a protective shield for doors, windows and other openings.
34. CITY: The City of Cibolo, Texas.
35. CLINIC: An establishment or offices in which a group of physicians, dentists, or other
practitioners of the healing arts, and allied professional assistants are associated for the
purpose of diagnosing and treatment of ill or injured persons on an outpatient basis only. A
clinic may include a medical or dental laboratory, but may not include facilities for providing
room or board for patients, nor may a clinic include offices or facilities for veterinarians.
36. CLUB OR LODGE: An association of persons for the promotion of a non-profit common
objective, such as literature, science, politics, good fellowship and similar objectives which
meets periodically and which is limited to members.
37. CLUSTER HOUSING: Any dwellings arranged according to an approved site plan in a
configuration which may depart from the conventional zoning district lot or yard requirements.
A cluster housing development shall be considered a single-use occupying a single tot for zoning
purposes.
38. COMMERCIAL CENTER, COMMUNITY: A completely planned and designed commercial
development providing for the sale of general merchandise and/or convenience goods and
services. A community commercial center shall provide for the sale of general merchandise,
and may include a variety store, discount store or supermarket.
39. COMMERCIAL CENTER, CONVENIENCE: A completely planned and designed commercial
development providing for the sale of general merchandise and/or convenience goods and
services. A convenience commercial center shall provide a small cluster of convenience shops or
services.
40. COMMERCIAL CENTER, NEIGHBORHOOD: A completely planned and designed commercial
development providing for the sale of general merchandise and/or convenience goods and
services. A neighborhood commercial center shall provide for the sales of convenience goods
and services, with a supermarket as the principal tenant.
41. COMMERCIAL CENTER, REGIONAL: A completely planned and designed commercial
development providing for the sale of general merchandise and/or convenience goods and
services. A regional center shall provide for the sale of general merchandise, apparel, furniture,
home furnishings, and other retail sales and services, in full depth and variety.
42. COMMERCIAL RETAIL SALES AND SERVICES: Establishments that engage in the sate of general
retail goods and accessory services. Businesses within this definition include those that conduct
sales and storage entirely within an enclosed structure (with the exception of occasional
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outdoor sidewalk" promotions); businesses specializing in the sale of either general merchandise
or convenience goods.
43.. COMMERCIAL, HEAVY: An establishment or business that generally uses open sales yards,
outside equipment storage or outside activities that generate noise or other impacts considered
incompatible with less-intense uses. Typical businesses in this definition are lumberyards,
'construction specialty services, heavy equipment suppliers or building contractors.
44. COMMERCIAL, LIGHT: An establishment or business that generally has retail or wholesale sales,
office uses, or services, which do not generate noise or other impacts considered incompatible
with less-intense uses. Typical businesses in this definition are retail stores, offices, catering
services or restaurants.
45. COMMERCIAL/RECREATION: Any building designed for or occupied by, bowling alleys, health
clubs, swimming pools, ice skating and billiards.
46. COMMISSION: The City Planning and Zoning Commission of the City of Cibolo, Texas.
47. COMMUNITY HALL: A building and related grounds used for social, civic, or recreational
purposes and owned and operated by a nonprofit group serving the area in which it is located
and open to the general public on equal basis.
48. COMMUNITY RESIDENTIAL FACILITY: Any dwelling licensed, certified or authorized by state,
federal or local authorities as a residence for children or adults with physical, developmental or
mental disabilities, dependent children or elderly individuals in need of supervision, support
and/or independent living training. May include: specialized group home for the
developmentally disabled, group care facility for children, and boarding home.
49. COMMUNITY SWIMMING POOL: An outdoor or indoor pool owned jointly by 2 (two) or more
property owners, designed to be used by residents of a subdivision or community, and not
operated for a profit. A community swimming pool shall not include an individual's private
pool, a semi-public pool, a pubic pool, or a pool operated for a profit.
50. COMMUNITY TREATMENT FACILITY: Any dwelling or place licensed, certified or authorized by
state, federal or local authorities as a residence and treatment facility for children or adults
with mental disabilities, alcoholism or drug abuse problems needing a supervised living
arrangement and rehabilitation services on a short-term or long-term basis. Does not include
detoxification centers. May include alcohol and/or drug abuse treatment facilities and adult
treatment facilities.
51. COMMUNITY-RECREATIONAL FACILITY: Any public or private building, structure, or area which
provides amusement, relaxation, or diversion from normal activities for persons within the area
in which it is located and which is not operated for profit.
52. COMPREHENSIVE PLAN: The declaration of purposes, policies and programs for the
development of the jurisdiction.
53. CONDITIONAL USE: An activity listed among those in any given (999) 1 (one) but permitted to
locate only after a pubic hearing and the decision to grant a permit (conditional use permit)
imposing such performance standards as will make the use compatible with other permitted
uses in the same vicinity and (999) 1 (one)and ensure against imposing excessive demands upon
public utilities as determined by the Hearing Body.
54. CONDOMINIUM: A single-dwelling unit in a multiunit dwelling or structure that is separately
owned and may be combined with an undivided interest in the common areas and facilities of
the property.
55. CITY COUNCIL:The City Council of Cibolo, Texas.
56. COUNTY: Guadalupe County
57. COURT, INNER: A court entirely surrounded by the exterior walls of a building.
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58. COURT, OUTER: A court that has 1 (one) side open to a street, alley, yard or other permanent
open space.
59. COURT:A space, open and unobstructed to the sky, located at or above grade level on a lot.
60. DAY CARE FACILITY: A facility for the care of children with resident or nonresident license(s).
61. DAY CARE, FAMILY: The keeping for part-time care and/or instruction, whether or not for
compensation, of six or less children at any 1 (one) time within a dwelling, not including
members of the family residing on the premises.
62. DAY CARE, GROUP: An establishment for the care and/or instruction, whether or not for
compensation, of seven or more persons at any 1 (one) time. Child nurseries, preschools and
adult care facilities are included in this definition.
63. DAY(S): Shall mean calendar days unless otherwise specified.
64. DENSITY: The amount of land per dwelling unit excluding the area for roads, parks, churches
and schools, common open space, pubic/private capital facilities, and dedicated public lands,
and any other nonresidential use except tax-exempt open space. The exclusion identified
above concerning the area for roads shall not apply to those lots 5 (five)acres in size or larger.
65. DEPTH OF REAR YARD: The horizontal distance between the rear line of the main building and
the rear lot line.
66. DISTRICT: Any section of the City of Cibolo for which the zoning regulations governing the use
of buildings and premises, the height of buildings, the size of yards, and the intensity of use are
uniform.
67. DRIVEWAY: A private access road, the use of that is limited to persons residing, employed, or
otherwise using or visiting the parcel in which it is located.
68. DWELLING UNIT: 1' (one) or more rooms in a dwelling, designed, occupied or intended for
occupancy as separate living quarters, with an individual entrance, cooking, sleeping and
sanitary facilities provided within the dwelling unit for the exclusive use of 1 (one) family
maintaining a household.
69. DWELLING, MULTI-FAMILY (LOW INCOME): A multi-family dwelling designed and constructed
primarily serve persons of tow income as defined by the U. S. Census Bureau.
70. DWELLING, MULTI-FAMILY: A building designed for occupancy by 3 (three) or more families
living independently of each other within 3 (three)or more dwelling units.
71. DWELLING, MULTIPLE UNITS: A building or portion thereof designed for occupancy by three or
more families living independently in which they may or may not share common entrances
and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for
rent.
72. DWELLING, SINGLE FAMILY: A detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by 1 (one)family.
73. DWELLING,TWO-FAMILY: A building designed for or occupied exclusively by 2 (two)families.
74. DWELLING: A building or portion thereof, designed exclusively for residential occupancy,
including one-family, two-family, and multifamily dwellings, but not including boarding and
lodging houses, apartment hotels, hotels, tourist courts and motels.
75. EASEMENT: That portion of land or property reserved for present or future use by a person or
agency other than the legal owner(s) of the property. The easement shall be permitted to be
for use under, on or above said lot or lots.
76.• EATING AND DRINKING PLACES: A retail establishment primarily engaged in the sale of food
and drinks for consumption on the premises.
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77. FACE OF BUILDING, PRIMARY: The wall of a building fronting on a street or right-of-way,
excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees,
showcases or decorations.
78. FAMILY DAY CARE HOME: A facility which regularly provides care during part of the twenty-4
(four) (24)-hour day to 6 (six)or fewer children in the dwelling unit of the
79. FARM ANIMALS: Animals other than household pets that shall be permitted to, where
permitted, be kept and maintained for commercial production and sale and/or family food
production, education or recreation. Farm animals are identified by these categories: large
animals, e.g., horses and cattle; medium animals, e.g., sheep and goats; or small animals, e.g.,
rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.
80. FIRE LANE: An access designed for emergency escape from an entrance to a parcel of land or
its improvements.
81. FLOOR AREA, GROSS: The sum of the horizontal areas of floors of a building measured from the
exterior face of exterior walls or, if appropriate, from the center line of dividing walls; this
includes courts and decks or porches when covered by a roof.
82. FLOOR AREA, NET: The gross floor area exclusive of vents, shafts, courts, elevators, stairways,
exterior walls and similar facilities.
83. FRONTAGE: The width of a lot or parcel abutting a public right-of-way measured at the front
property line.
84. FUTURE ACQUISITION AREA: The land area between the existing road or street right-of-way
boundary and the future street right-of-way. This area will be used for future right-of-way
acquisition, roadway improvements and utilities improvements as the area-wide vicinity
develops and increased traffic warrants the roadway expansion.
85. GARAGE, DETACHED: A private garage wholly separated and independent of the principal
building.
86. GARAGE, PRIVATE: A building or a portion of a building not more than 1,000 (one thousand)
square feet (92.9 m^2) in area, in which only private or pleasure-type motor vehicles used by
the tenants of the building or buildings on the premises are stored or kept. Not more than 1
(one)of the vehicles may be a commercial vehicle of not more than 2 (two)ton capacity.
87. GARAGE, PUBLIC: A building or portion thereof, other than a private or storage garage,
designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven
vehicles.
88. GOVERNING AUTHORITY: shall mean the City Council of the City Cibolo, Texas.
89. GRADE (Adjacent Ground Elevation). The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line 5' (five feet) (1524 mm)from the
building.
90. GROUP CARE FACILITY: A facility, required to be licensed by the state, which provides
training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those
convicted of crimes, or those suffering the effects of drugs or alcohol; this does not include day
care centers, family day care homes, foster homes, schools, hospitals, jails or prisons.
91. HABITABLE SPACE (Room): Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are
not considered habitable space.
92. HAZARDOUS WASTE STORAGE: The holding of hazardous waste for a temporary period, as
regulated by the TCEQ.
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93. HAZARDOUS WASTE TREATMENT: The physical, chemical or biological processing of hazardous
waste for the purpose of rendering these wastes non-dangerous or less dangerous, safer for
transport, amenable for energy or material resource recovery, amenable for storage, or
reduced in volume.
94. HAZARDOUS WASTE: All dangerous and extremely hazardous waste as defined in Section
70.105.010 (15) (what is RCW?)RCW, except for moderate risk waste as set forth in Section
70.105.010(17) RCW.
95. HEAVY INDUSTRY: An establishment engaged in the manufacture, processing, assembly,
compacting, packaging, or compounding and/or treatment of raw materials.
96. HEIGHT: Shall mean when referring to a tower or other structure, the distance measured from
the natural ground level to the highest point on the tower or other structure, even if said
highest point is an antenna.
97. HOSPITAL: An institution designed for the diagnosis, treatment and care of human illness or
infirmity and providing health services, primarily for inpatients, and including as related
facilities, laboratories, outpatient departments, training facilities and staff offices.
98. HOME PROFESSION: A profession or craft, excluding an adult retail use establishment or adult
entertainment establishment, carried on within a residence by the occupants, which activity is
clearly incidental to the use of said residence as a dwelling and does not change the residential
character of the dwelling or neighborhood, and is conducted in such a manner as to not give
any outward appearance of a business in the ordinary meaning of the term. An activity which
does not comply with the following criteria shall not be deemed a home profession:
(1) There shall be no exterior alterations to the dwelling, which changes the residential
appearance or character thereof.
(2) The use, including all storage space, shall not occupy more than 49% (forty-nine
percent) of the residence's livable floor area. No home profession shall occupy a
detached accessory building. All storage shall be enclosed within the residence.
(3) Only members of the family who reside on the premises shall be engaged in the home
profession.
(4) 1 (one) sign identifying a home profession shall be limited in size to a maximum of 4
(four)square feet, be unlighted, and be placed flat against the residence.
(5) There shall be no window display nor shall sample commodities be displayed outside
the building, except that horticultural and floricultural products grown on the
premises may be so displayed.
(6) There shall be no stock stored nor commodity kept for sale on the premises which is
not necessary to the profession or craft.
(7) All material or mechanical equipment shall be used in a manner as not to cause
disturbing noises.
(8) Traffic generated, which exceeds the following standards, shall be prima fade
evidence that the activity is a primary business and not a home profession.
(9) The parking of more than 2 (two)customer vehicles at any 1 (one)time.
(10) The use of loading docks or other mechanical loading devices.
(11) Deliveries of materials or products at such intervals so as to Create a nuisance to the
neighborhood.
(12) The hours of operation for a home profession shall be limited from 7 a.m. to 10 p.m.
The applicant shall specify on the home profession permit the hours of operation.
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(13) A home profession permit shall be issued by the City per fee established by the City
Council.
99. HOUSEHOLD PETS: Dogs, cats, rabbits, birds, etc., for family use only (noncommercial) with
cages, pens, etc.
100. HOTEL: A building occupied or used as a more or less temporary abiding place of individuals or
groups of individuals who are lodged, with or without meals, and in which there is more than 12
(twelve)sleeping rooms and no provision for cooking in individual rooms.
101. HOUSE AND APARTMENTS: Any building which is designated or occupied as the home or
residence of more than 2 (two) (2) families living independently of each other and doing their
own cooking in the said building and shall include flats and other multi-family buildings.
102. HUD-CODE MANUFACTURED HOME: A structure constructed on or after June 15, 1976
according to the rules of the United States Department of Housing and Urban Development,
transportable in 1 (one) or more sections, which, in traveling mode, is eight body feet or more
in width or 40 (forty) body feet or more in length, or, when erected on-site is 320 (three
hundred and twenty) or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to
the required utilities, and includes the plumbing, heating, air conditioning, and electrical
systems. For the purposes of this subsection a HUD-code manufactured home is still a HLTD
code manufactured home if not used as a dwelling or if the plumbing or heating or air
conditioning or electrical systems have been removed.
103. INDUSTRIAL OR RESEARCH PARK: A tract of land developed according to a master site plan for
the use of a family of industries and their related commercial uses, and that is of sufficient size
and physical improvement to protect surrounding areas and the general community and to
ensure a harmonious integration into the neighborhood.
104. JURISDICTION: As used in this ordinance, jurisdiction is any political subdivision that adopts
this ordinance for administrative regulations within its sphere of authority.
105. KENNEL, PRIVATE: The domicile of a person or persons who own or breed 5 (five) or more dogs
and/or cats but less than 11 (eleven) dogs and/or cats over 6 (six) months of age, primarily for
personal recreational use, such as participation in recognized conformation shows, field or
obedience trials, racing, scenting, puling, specialized hunting or working trials, and water
trials, search and rescue, tracking and for the purpose of improving the physical soundness,
temperament, and conformation of a given breed to a standard.
106. KITCHEN: Any room or portion of a room within a building designed and extended to be used
for the cooking or preparation of food.
107. LANDFILL: A method of final disposal of solid waste by utilizing land in a manner that allows
the disposal of solid waste without creating hazards to public health, significant impacts to the
environment, or nuisances.
108. LANDSCAPING: The finishing and adornment of unpaved yard areas. Materials and treatment
generally include naturally growing elements such as grass, trees, shrubs and flowers. This
treatment shall be permitted also to include the use of logs, rocks, fountains, water features
and contouring of the earth.
109. LEGISLATIVE BODY:The political entity of the adopting jurisdiction.
110. LIGHT INDUSTRY: An establishment engaged in the manufacturing, processing, assembly,
packaging, compounding and/or treatment of finished or semi-finished products from previously
prepared material but not including those establishments wherein the manufacture or
processing is incidental and essential to an enterprise in which all merchandise is sold at retail
on the premises.
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128. MANUFACTURED HOUSING PARK: Any lot upon which are located 1 (one) or more
manufactured homes, occupied for dwelling purposes regardless of whether or not a change is
made for each accommodation.
129. MANUFACTURED HOUSING: same as"Manufactured housing"or"Manufactured home".
130. MANUFACTURED INDUSTRIAL HOUSING: structures that are constructed in 1 (one) or more
modules or modular components built at a location other than the permanent site, are
transported to the permanent site, and are erected or installed on a permanent foundation
system. The term includes plumbing, heating, air conditioning, and electrical systems. Id. at g
l (1)(2) Ft (6). According to the Texas Department of Licensing and Regulation (TDLR), examples
of industrialized housing and buildings include one-family and two-family (duplex) dwellings,
apartment complexes, equipment shelters, restaurants, offices, classrooms, medical
complexes, hazardous storage buildings, and more. Industrialized housing and buildings must
meet or exceed the requirements of the International Building Code, the International Plumbing
Code, the International Mechanical Code, the International Fuel Gas Code, and the National
Electrical Code. Residential housing must also comply with the requirements of the
International Residential Code. A decal must be issued for certification of modular buildings
and components. The decal to the module, a manufacturer certifies that the module is
constructed and inspected in accordance with the mandatory construction standards used by a
city. The decal shall provide documentation that a modular building meets the applicable code
requirements. All modules that have a decal affixed cannot be prohibited from being placed in
a residential neighborhood
131. MANUFACTURING, HEAVY: All other types of manufacturing not included in the definitions of
light manufacturing and medium manufacturing.
132. MANUFACTURING, LIGHT: The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment, including research activities, conducted entirely within an
enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and
imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust
or pollutants.
133. MANUFACTURING, MEDIUM: The manufacturing, compounding, processing, assembling,
packaging or testing of goods or equipment within an enclosed structure or an open yard that is
capable of being screened from neighboring properties, serviced by a modest volume of trucks
or other vehicles.
134. MINI-DAY CARE CENTER: A facility for the care of 12 (twelve) or fewer children in a facility
other than the dwelling unit of the person(s) under whose direct care or supervision a children
is placed, or for the care of from 7 (seven) to twelve 12 (twelve) children in the dwelling unit
of such person(s). In accordance with WAC Chapter 388-75 the total number of children
actually permitted in a mini day care center is reduced by the number of children in the
dwelling unit of preschool age and all other children through 12 (twelve) years of age during
non-school hours; and
135. MOBILE HOME COMMUNITY/ MOBILE HOME PARK: A unified development of mobile home
spaces restricted to mobile home use, with community facilities and permitted permanent
buildings; this development being located on a single tract of land under 1 (one) ownership and
meeting the requirements of all applicable ordinances.
136. MOBILE HOME SUBDIVISION: A mobile home subdivision is any parcel of land changed, re-
subdivided or rearranged into 2 (two) or more parts, for the purpose of accommodating the
location of mobile homes thereon.
137. MOBILE HOME: A structure that was constructed before June 15, 1976, transportable in 1 (one)
or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body
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feet or more in length, or, when erected on-site is 320 (three hundred and twenty) or more
square feet, and which is built on a permanent chassis designed to he used as a dwelling with or
without a permanent foundation when ' connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems.
138. MOBILE/MANUFACTURED/MODULAR HOME: Any vehicle or similar portable structure having no
permanent or fixed foundation other than wheels, jacks, or skirting and so designed or
constructed as to permit occupancy for dwelling structures for the purpose of this Ordinance
only when they are parked in a mobile homes park; any off-site assembled structure.
139. MORTUARY, FUNERAL HOME: An establishment in which the dead are prepared for burial or
cremation. The facility shall be permitted to include a chapel for the conduct of funeral
services and spaces for funeral services and informal gatherings, and/or display of funeral
equipment.
140. MOTEL, HOTEL: Any building containing six or more guest rooms intended or designed to be
used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping
purposes by guests.
141. NONCONFORMING LOT: A lot whose width, area or other dimension did not conform to the
regulations when this ordinance became effective.
142. NONCONFORMING SIGN: A sign or sign structure or portion thereof lawfully existing at the time
this ordinance became effective, which does not now conform.
143. NONCONFORMING STRUCTURE: A building or structure or portion thereof lawfully existing at
the time this ordinance became effective, which was designed, erected or structurally altered
for a use that does not conform to the zoning regulations of the 1 (one)in which it is located.
144. NONCONFORMING USE: A use, building or yard which does not, by reason of design, use, or
dimensions conform to the regulations of the district in which it is situated. It is a legal
nonconformity use if established prior to passage of this ordinance, and an illegal non-
conforming use if established after the passage of this ordinance and not otherwise approved as
provided herein.
145. NONCONFORMING: A lot, use, building, or structure, which was legal when commenced or
built, but which does not conform to subsequently enacted or amended regulations.
146. NURSERY SCHOOL: A private agency, school, or institution engaged in educational work with
preschool children and in which no child is enrolled on a regular basis for 4 (four) or more hours
per day. Enrollment for 4 (four) or more hours per day shall classify the facility as a "Day Care
Facility"or"Kindergarten."
147. OCCUPANCY: The use or intended use of the land or buildings by proprietors or tenants.
148. OPEN SPACE: Land areas that are not occupied by buildings, structures, parking areas, streets,
alleys or required yards. Open space shall be permitted to be devoted to landscaping,
preservation of natural features, patios, and recreational areas and facilities.
149. PARK. A public or private area of land, with or without buildings, intended for outdoor active
or passive recreational uses.
150. PARKAND-RIDE FACILITY: A parking area or structure used for the specific purpose of storing
motor vehicles in order that the occupants can transfer to a higher occupancy vehicle (HOV)
(e.g., buses,vans, carpool autos)to complete a trip.
151. PARKING LOT: An open area, other than a street, used for the parking of automobiles.
152. PARKING SPACE,AUTOMOBILE: A paved space within a building or private or public parking lot,
exclusive of driveways, ramps, columns, office and work areas, for the parking of an
automobile.
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153. PAVED AREA: An area surfaced with asphalt, concrete or similar all weather surfaces, not
including gravel.
154. PERSON: A natural person, heirs, executors, administrators or assigns, and includes a firm,
partnership or corporation, its or their successors or assigns, or the agent of any of the
aforesaid. The term "person" shall include both singular and plural, and the masculine shall
embrace the feminine gender.
155. PLACE: An open, unoccupied space other than a street or alley permanently established or
dedicated as the principal means of access to property abutting thereon.
156. PLANNED UNIT DEVELOPMENT (PUD): A residential or commercial development guided by a
total design plan in which 1 (one) or more of the zoning or subdivision regulations, other than
use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in
site and building design and location, in accordance with general guidelines.
157. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission of the City of
Cibolo, Texas.
158. PLOT PLAN: A plot of a lot, drawn to scale, showing the actual measurements, the size and
location of any existing buildings or buildings to be erected, the location of the lot in relation
to abutting streets, and other such information.
159. PRIVATE RECREATIONAL AMENITIES: Any recreational, social and multipurpose uses within a
subdivision or other residential development which are operated and maintained by a property
owner association or other designated management agency for the benefit and enjoyment of
members and their guests. Typical uses include clubhouses, tennis courts, playgrounds and
swimming pools.
160. PROHIBITED USE: A use not specifically enumerated as a permitted use, conditional use or non-
conforming use. Prohibited uses include, but are not limited to, the enumerated "prohibited
uses"within each 1 (one)of this Ordinance.
161. PUBLIC IMPROVEMENT: Any drainage ditch, storm sewer or drainage facility, sanitary sewer,
water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area,
lot improvement, or other facility for which the local government may ultimately assume the
responsibility for maintenance and operation, or for which the local government responsibility
is established.
162. PUBLIC SERVICES: Uses operated by a unit of government to serve public needs, such as police
(with or without jail), fire service, ambulance, judicial court or government offices, but not
including public utility stations or maintenance facilities.
163. PUBLIC USE: Any use controlled by the City, County, State, Federal or any other governmental
entity.
164. PUBLIC UTILITY STATION: A structure or facility used by a public or quasi-public utility agency
to store, distribute, generate electricity, gas,'telecommunications, and related equipment, or
to pump or chemically treated water. This does not include storage or treatment of sewage,
solid waste or hazardous waste.
165. PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the
ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the
public for public use.
166. QUORUM: A majority of the authorized members of a board or commission.
167. REAR YARD AREA: The total square foot of area as measured from the rear of the main
structure on the lot to the rear property line multiplied by the width of the lot, as measured
from 1 (one)side property line to the other side property line, subtracting all easement area.
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168. RECREATION, INDOOR: An establishment providing completely enclosed recreation activities.
Accessory uses shall be permitted to include the preparation and serving of food and/or the
sale of equipment related to the enclosed uses. Included in this definition shall be bowling,
roller-skating or ice skating, billiards, pool, motion picture theatres, and related amusements.
169. RECREATION, OUTDOOR: An area free of buildings except for restrooms, dressing rooms,
equipment storage, maintenance buildings, open-air pavilions and similar structures used
primarily for recreational activities.
170. RECREATIONAL AREA, COMMERCIAL: An indoor and/or outdoor area or structure(s) operated
for profit and devoted to facilities and equipment for recreational purposes, including, but not
limited to, swimming pools, tennis courts, racquet ball courts, dance and other similar uses
whether the use of such area is limited to private membership or whether open to the public
upon the payment of a fee.
171. RECREATIONAL VEHICLE (RV): A vehicular type portable structure without permanent
foundation, not more than thirty-5 (five) (35) feet in length, primarily designed as temporary
living quarters for recreational, camping, or travel use, with or without motor power, and
occupied in any 1 (one) place for a period not exceeding (30) thirty days. This includes, but is
not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.
172. RECREATIONAL VEHICLE PARK: An area where facilities are provided for recreational or
camping vehicles or travel trailers, tents or other portable habitation, utilized by the public as
a place for camping, vacationing, or temporary usage, which are in place for not more than 30
(thirty) days. The park may include certain recreational or service facilities for the use of the
residents of the park. Recreational or camping vehicle parks shall comply with all applicable
State and County regulations.
173. RECYCLING FACILITY: Any location whose primary use is where waste or scrap materials are
stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including,
but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.
174. REGISTERED DESIGN PROFESSIONAL: An architect or engineer registered or licensed to practice
professional architecture or engineering as defined by statutory requirements of the
professional registration laws of the State in which the project is to be constructed.
175. REHABILITATION CENTER (HALFWAY HOUSE). An establishment whose primary purpose is the
rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to
emotionally and mentally disturbed persons, and halfway houses for prison parolees and
juveniles.
176. RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY: A use or building owned or maintained by
organized religious organizations or nonprofit associations for social, civic or philanthropic
purposes, or the purpose for which persons regularly assemble for worship.
177. RENOVATION: Interior or exterior remodeling of a structure, other than ordinary repair.
178. RESIDENCE: A building or structure, or portion thereof, which is designed for and used to
provide a place of abode for human beings, but not including hotels or motel units, or places of
abode having no kitchen within each unit. A residence must include 1 (one) or more dwelling
units.
179. RESIDENTIAL USE: Any use consisting principally of dwelling units.
180. RESIDENTIAL ZONES:Those zones permitting residential uses.
181. RESTAURANT, FAST FOOD: An establishment that sells food already prepared for consumption,
packaged in paper, Styrofoam or similar materials, and may include drive-in or drive-up
facilities for ordering.
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182. RESTAURANT, GENERAL: An establishment that sells food for consumption on or off the
premises.
183. RESTAURANT, TAKE-OUT: An establishment that sells food only for consumption off the
premises.
184. ROOF: A structural covering over any portion of a building or structure, including the
projections beyond the walls or supports of the building or structure.
185. SCHOOL, COMMERCIAL: A school establishment to provide for the teaching of industrial,
clerical, managerial or artistic skills. This definition applies to schools that are owned and
operated privately for profit and that do not offer a complete educational curriculum (e.g.,
beauty school or modeling school).
186. SELF SERVICE STORAGE FACILITY: A facility including buildings and/or structures containing
space of varying sizes leased or rented on an individual basis and uses exclusively for the
storage of excess property and outdoor storage of vehicles and boats.
187. SETBACK: The minimum required horizontal distance between a structure and a building line.
188. SIGN, BUSINESS: A graphic device, which advertises only commodities or services, offered on
the premises where such sign is located.
189. SIGN POLE: A free-standing sign supported by a single vertical support anchored or set in the
ground, no exposed face of which exceeds 64 (sixty-four)square feet in surface area.
190. SIGN, ADVERTISING: Poster panel, painted bulletins or other advertising devices which promote
and advertise commodities or services not limited to being offered on the premises on which
such signs are located.
191. SIGN, BUSINESS: A graphic device, which advertises only commodities or services, offered on
the premises where such sign is located.
192. SIGN, CHURCH AND SCHOOL: Name plates and bulletin board for schools and churches located
on premises, but not exceeding 30 (thirty) square feet in area and not a flashing intermittent,
revolving or similarly lighted type.
193. SIGNS, COMMUNITY: Temporary, on-or off-premises signs, generally made of a woven material
or durable synthetic materials primarily attached to or hung from light poles or on buildings.
These signs are solely of a decorative, festive and/or informative nature announcing activities,
promotions or events with seasonal or traditional themes having broad community interest, and
which are sponsored or supported by a jurisdiction-based nonprofit organization.
194. SIGN, REAL ESTATE: Temporary signs pertaining to the sale or rental of property upon which
they are located, not exceeding 20 (twenty) square feet in area and advertising property only
for a use which it is legally zoned.
195. SIGN: Any visual communication device which is visible from any right-of-way advertising a
message, announcement, declaration, demonstration, display, illustration, insignia, surface or
space erected or maintained in view of the observer thereof for identification, advertisement
or promotion of the interests of any person, entity, product or service, including the sign
structure, supports, lighting system and any attachments, ornaments or other features used to
draw the attention of observers.
196. SITE PLAN:A plan that outlines the use and development of any tract of land.
197. SOLAR STRUCTURE: Any dwelling unit which is designated to maximize available solar energy
for heating, cooling, or lighting needs and which is located on a solar lot as defined.
198. STABLE, PRIVATE: An accessory building for the keeping of horses, ponies, donkeys or mules
owned by occupants of the premises, and not kept for remuneration, hire or sale.
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199. STABLE, RIDING: A structure in which horses, ponies, donkeys or mules, used exclusively for
pleasure riding or driving, are housed, boarded, or kept for hire.
200. STORY: That portion of building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof above.
If the finished floor level directly above a usable or unused under-floor space is more than 6'
(six feet) (1829 mm) above grade as defined herein for more than 50 percent of the total
perimeter or is more than 12' (twelve feet) above grade as defined herein at any point, such
usable or unused under-floor space shall be considered as a story.
201. STORY, HALF: A partial story under a gable, hip, or gambrel roof, the wall plates of which on
at least 2 (two) opposite exterior walls are not more that 4 (four) feet above the floor of such
story, except that any partial story used for residence purposes, other than for a janitor or
caretaker of his family, or by a family occupying the floor immediately below it, shall be
deemed a full story
202. STREET UNE: The dividing line between the street and the abutting property, normally to the
lot property line.
203. STREET, PRIVATE: A right-of-way or easement in private ownership, not dedicated or
maintained as a public street, which affords the principal means of access to 2 (two) or more
sites.
204. STREET, PUBLIC: A public thoroughfare or private thoroughfare the legal description of which
is recorded with the County Auditor either of which affords primary means of access to abutting
property. A recorded private thoroughfare may be a recorded easement for ingress or egress or
a platted street designed as a private thoroughfare for access of abutting property but for
which the County assumes no responsibility or ownership and is available for use to the abutting
property owners only. The private road easements and road maintenance agreements shall
meet the requirements of the adopted public or private road standards. The private road
easements and associated maintenance agreement shall be recorded with the County Auditor
prior to final subdivision or segregation by Certificate of Exemption.
205. STREET: A public maintained thoroughfare which affords principal means of access to property
abutting thereon, and normally consists of the road surface, ditch or curbs, and sidewalk of
parking areas.
206. STRUCTURAL ALTERATIONS: Any change which would tend to prolong the life of a supporting
member of a structure such as bearing walls, columns, beams or girders.
207. STRUCTURE: Anything constructed or erected, which requires location on the ground, or
attached to something having a location on the ground; including, but not limited to,
advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary
or retaining walls or landscaping.
208. SUBDIVISION: The division of a tract, lot or parcel of land into 2 (two) or more lots, plats, sites
or other divisions of land.
209. TEMPORARY BUILDING: An enclosed building, the use of which is incidental to construction
work on the premises. Such an enclosed building shall be removed upon the completion or
abandonment of construction work.
210. TEMPORARY CONSTRUCTION OFFICE: A portable building used as an office for construction
personnel during construction of a principal building on the premises or during construction of
houses in a new subdivision. (Ord 621)
211. TEMPORARY REAL ESTATE SALES OFFICE: A structure or building used as a sales office for the
sale of homes in a new subdivision. (Ord 621)
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212. TEMPORARY USE: A use approved for location on a lot by the Department for a period not to
exceed 6 (six) months with the intent to discontinue such use after the time period expires.
213. THEATER: A building used primarily for the presentation of live stage productions,
performances or motion pictures.
214. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting
1 (one) or more antennas, including self-supporting lattice towers, guy towers, or monopole
towers. The term includes radio and television transmission towers, microwave towers,
common-carrier towers, cellular teleph1 (one)towers, and the like.
215. TOWNHOUSE: A"Townhouse" is a single-family dwelling unit(s) on an individual lot, which is 1
(one)of a series of dwelling units having 1 (one)or 2 (two)common (abutting)side walls
216. USE, CHANGE OF:The change within the classified use of a structure or premise.
217. USE: The activity occurring on a lot or parcel for which land or a building is arranged, designed
or intended, or for which land or a building is or may be occupied, including all accessory uses.
218.VARIANCE: A deviation from the height, bulk, setback, parking or other dimensional
requirements established by this ordinance. The means by which an adjustment may be made in
the application of the specific regulations of this Ordinance to a particular piece of property,
which property, because of special circumstances applicable to it, is deprived of privileges
commonly enjoyed by other properties in the vicinity and similar 1 (one) classification and
which adjustment remedies the difference in privileges: provided, That a variance granted shall
not authorize a use otherwise prohibited in the 1 (one) classification in which the property is
located.
219. WAREHOUSE, WHOLESALE OR STORAGE: A building or premises in which goods, merchandise
or equipment are stored for eventual distribution.
220. WRECKING OR SALVAGE YARD: A place where waste, discarded or salvaged materials are
bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking
yards, house wrecking yards, used lumber yards, and places for storage of salvaged house
wrecking and structural steel materials and equipment; but not including such places where
such uses are conducted entirely within a completely enclosed building, and not including pawn
shops and establishments for the sale, purchase or storage of used furniture and household
equipment when conducted entirely within a completely enclosed building, sale of used cars in
operating condition, or salvaged materials incidental to a manufacturing operation.
221. YARD, FRONT: A yard extending across the front of a-tot between the side lot lines, and being
the minimum horizontal distance between the street or place line and the main building or any
projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner
lots the front yard shall be considered as parallel to the street upon which the lot has its least
dimension.
222. YARD, REAR: A yard extending across the rear of a lot and being the required minimum
horizontal distance between the rear lot line and the rear of the main building or any
projections thereof other than the projections of uncovered steps, unenclosed balconies, or
unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard.
223. YARD, SIDE: An open, unoccupied space on the same lot with the building and between the
building line and the side lot line, or to the ordinary high water line.
224. YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and
unobstructed by any portion of a structure from the ground upward, except as otherwise
provided herein. In measuring a yard for the purpose of determining the width of a side yard,
the depth of a front yard or the depth of the rear yard, the minimum horizontal distance
between the lot tine and the main building foundation shall be used.
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225. ZERO LOT LINE HOME: A single-family dwelling that is built directly adjacent to 1 (one) side
property line.
226. ZONING COMMISSION: The body designated by the City Council of the City of Cibolo to hold
public hearings and make recommendations to the City Council relative to amendments and
changes to the Zoning Ordinances. The City Planning Commission may be designated as the
Planning and Zoning Commission.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
APPENDIX A OLD ZONING DISTRICT REGULATIONS
A zone change from any zoning district to any of the following districts is prohibited:
Zoning R-1, Residential Single Family Low
District Density
1. Old zoning designation - R-1
2. New zoning designation - R-1
3. Option - N/A
4. District Classification - Residential Single Family Low Density
5. Intent- To establish and preserve areas of low-
density land use, primarily devoted to
tow density residential development.
No mobile/manufactured/modular
homes permitted.
6. Permitted uses- (a)One (1) Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c)Golf courses (except miniature
courses, driving ranges and other similar
activities operated as a business).
(d)Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to adjoining
property.
(e)Municipal surface or underground or
overhead water storage,water wells,
and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 10,000
(b)Minimum Lot Width 100'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 30'
(e)Minimum Rear Setback 20'
(f)Minimum Side Setback 10'
(g)Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Low Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning R-1D, Residential Single Family Low
District Density
1. Old zoning designation- N/A
2. New zoning designation - R-1 D
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
3. Option - D-Detached Garage Required
4. District Classification - Residential Single Family Low Density
5. Intent- To establish and preserve areas of low
density land use, primarily devoted to
low density residential development.
No mobile/manufactured/modular
homes permitted.
6. Permitted uses- (a)One (1)Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c)Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d)Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e)Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 10,000
(b)Minimum Lot Width 75'
(c)Minimum Lot Depth 125'
(d)Minimum Front Setback 30'
(e)Minimum Rear Setback 10'
(f)Minimum Side Setback 5'
(g)Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Low Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning R-2, Residential Single Family Medium
District Density
1. Old zoning designation - R-2
2. New zoning designation - R-2
3. Option - N/A
4. District Classification- Residential Single Family Medium
Density
5. Intent- To establish and preserve areas of
medium density land use primarily
devoted to medium density residential
development. No
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
mobile/manufactured/modular homes
permitted.
6. Permitted uses- (a)One (1)Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c)Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d)Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e)Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 6,000
(b)Minimum Lot Width 60'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 5'
(g)Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Medium Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3) Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning R-28, Residential Single Family Medium Density
District
1. Old zoning designation - N/A
2. New zoning designation - R-2B
3. Option - B-55 Ft. Width
4. District Classification - Residential Single Family Medium
Density
5. Intent- To establish and preserve areas of
medium density land use primarily
devoted to medium density residential
development. No
mobile/manufactured/modular homes
permitted.
6. Permitted uses- (a)One (1)Single-family dwelling unit
per lot and their customary related
accessory buildings.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c)Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d)Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e)Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 6,000
(b)Minimum Lot Width 55'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 5'
(g)Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Medium Density Residential
NOTES: (1) 1,800/ additional unit (2) No more than 24 unit/ acre (3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning R-2D,Residential Single Family Medium Density Detach
District
1. Old zoning designation - N/A
2. New zoning designation - R-2D
3. Option - D-Detached Garage
Required
4. District Classification - Residential Single Family Medium
Density Detach
5. Intent- To establish and preserve areas of
medium density land use primarily
devoted to medium density residential
development. No
mobile/manufactured/modular homes
permitted.
6. Permitted uses- (a)One (1) Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
(c) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d)Customary home occupations
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e)Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 6,000
(b)Minimum Lot Width 50'
(c)Minimum Lot Depth 120'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 10'
(f)Minimum Side Setback 5'
(g)Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETJ Classification Medium Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit! acre (3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning R-3, Residential Single Family Medium Density Detach
District
1. Old zoning designation- R-3
2. New zoning designation - R-3
3. Option - NA
4. District Classification - Residential Single Family Medium
Density
5. Intent- To establish and preserve areas of
medium density land use primarily
devoted to medium density residential
development. No
mobile/manufactured/modular homes
permitted.
6. Permitted uses- (a)One (1)Single-family dwelling unit
per lot and their customary related
accessory buildings.
(b) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(c)Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(d)Customary home occupations
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(e)Municipal surface or underground
or overhead water storage,water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 5,000
(b)Minimum Lot Width 50'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 20'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 5'
(g)Maximum Height of Principal 40'
Building
(h)Maximum Lot Coverage 40%
(i) ETI Classification Medium Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning MH, Residential Manufactured Homes
District (4)
1. Old zoning designation - MH
2. New zoning designation - MH
3. Option - N/A
4. District Classification - Residential Manufactured Homes (4)
5. Intent- To establish and preserve areas of high
density land use, primarily for the
location and placement of
mobile/manufactured/modular homes.
6. Permitted uses - (a)Any use permitted in the"R"
districts.
(b)Manufactured/modular homes;
after a permit is obtained from the
building inspector to permit removal of
wheels or transporting device and
attaching the home to a permanent
foundation on the ground, which home
shall thereafter be regarded as a
permanent structure an shall meet all
applicable codes and ordinances.
(c) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(d)Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(e) Customary home occupations
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
ordinarily carried on in homes that are
not detrimental or injurious to
adjoining property.
(f)Municipal surface or underground or
overhead water storage, water wells,
and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 10,000/3 units (1) (2)
(b)Minimum Lot Width 50'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 20'
(f)Minimum Side Setback 10'
(g)Maximum Height of Principal 35'
Building
(h)Maximum Lot Coverage 50%
(i) ETJ Classification Manufactured housing in parks
NOTES: (1) 1,800 / additional unit(2) No more than 24 unit/ acre (3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning PD, Planned Development
District
1. Old zoning designation - PD
2. New zoning designation - PD
3. Option - Not Applicable
4. District Classification - Planned Development
5. Intent- This is a temporary zoning until the
proper zoning classification is
established and reviewed by the
Planning and Zoning Commission, with
final approval from the City Council.
6. Permitted uses - N/A, until zoning designations are
determined.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet N/A
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback N/A
(e)Minimum Rear Setback N/A
(f)Minimum Side Setback N/A
(g)Maximum Height of Principal N/A
Building
(h)Maximum Lot Coverage N/A
(i) ETJ Classification Planned Development
NOTES: (1) 1,800 / additional unit (2)No more than 24 unit/ acre(3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
Zoning MF, Planned Development
District
1. Old zoning designation - MF
2. New zoning designation - MF
3. Option - N/A
4. District Classification - Residential Multi-Family
5. Intent- To establish and preserve areas of high
density land use, primarily devoted to
high density multi-family residential
development.
6. Permitted uses- (a)Multifamily dwellings, for three or
more families Any use permitted in the
"R"districts.
(b)Apartment houses, condominiums,
and hotels.
(c) Boarding and lodging houses.
(d) Fire stations, police stations, public
administrative offices, electric
substations, and telephone exchange
buildings.
(e) Hospitals, sanitariums, or homes
for convalescents or aged, other than
for the insane or feeble-minded, or
alcoholics.
(f) Libraries, museums, art galleries.
(g) Private clubs, fraternal orders, or
civic organizations, except those
whose chief activity is carried on as a
business.
(h) Public recreation buildings,
community buildings, little theater
groups.
(i)All permitted uses in R-3 Districts,
two family dwellings, townhouse
dwelling, apartments not to exceed
thirty(30) units per acre, and cluster
housing not to exceed fifteen (15)
units per acre. No
mobile/manufactured/modular homes
permitted.
(j) Public parks and playground,
community recreational facilities and
public recreation or service buildings
such parks.
(k) Golf courses (except miniature
courses, driving ranges and other
similar activities operated as a
business).
(l) Customary home occupations
ordinarily carried on in homes that are
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
not detrimental or injurious to
adjoining property.
(m)Municipal surface or underground
or overhead water storage, water
wells, and pumping stations.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 7,500
(b)Minimum Lot Width 75'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 20'
(f)Minimum Side Setback 10'
(g)Maximum Height of Principal 3 Stories
Building
(h)Maximum Lot Coverage 50%
(i) ETJ Classification High Density Residential
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning C-1, Commercial- Light
District
1. Old zoning designation - C-1
2. New zoning designation - C-1
3. Option - N/A
4. District Classification - Commercial- Light
5. Intent- To establish and preserve areas of
medium density land use, primarily
devoted to general commercial and
high-density residential development,
and other non-industrial activities.
6. Permitted uses- All permitted uses in district MF-
offices, services, family oriented
amusements, governmental,
institutional, commercial and other
non-industrial activities, which are
conducted wholly within an enclosed
building or buildings. No
mobile/manufactured/modular homes
permitted.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 7,500
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g)Maximum Height of Principal 60'
Building
(h)Maximum Lot Coverage 75%
(i) ETJ Classification Commercial
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
NOTES: (1) 1,800 / additional unit (2) No more than 24 unit/ acre (3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning C-2, commercial-Medium
District
1. Old zoning designation - C-2
2. New zoning designation - C-2
3. Option- N/A
4. District Classification - Commercial-Medium
5. Intent- To establish and preserve areas of high
density land use, primarily designated
for light industrial development.
6. Permitted uses - All permitted uses in district C-1 - light
industrial establishments with all
associated operations and storage
contained within an enclosed building.
No mobile/manufactured/modular
homes permitted.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet 10,000
(b)Minimum Lot Width 100'
(c)Minimum Lot Depth 100'
(d)Minimum Front Setback 30'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g)Maximum Height of Principal Variable
Building
(h)Maximum Lot Coverage 80%
(i) Eli Classification Commercial
NOTES: (1) 1,800/ additional unit (2) No more than 24 unit/ acre(3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
Zoning I-1, Light Industrial(Clean)
District
1. Old zoning designation - I-1
2. New zoning designation - I-1
3. Option - N/A
4. District Classification - Light Industrial (Clean)
5. Intent- Any use permitted.in"C"districts,
provided that no use is permitted that
would emit or cause radiation, dust,
odor, smoke, gas or fumes
objectionable to persons of ordinary
sensitivity or reasonably hazardous to
health, beyond the boundary property
lines of the lot or tract upon which
the use is located, and which do not
generate noise or vibration at the
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
boundary of"R"districts which is
generally perceptible in frequency or
pressure above the ambient level of
noise in the adjacent areas.
6. Permitted uses- (a) Bakeries.
(b) Blacksmith or wagon shops.
(c)Carpenter, cabinet, or pattern
shops.
(d) Carpet cleaning establishments.
(e)Cold storage plants.
(f) Creameries.
(g) Electroplating works.
(h) Flour mills, feed mills and grain
processing.
(i) Forges (hand).
(j) Freight terminals (rail and truck,
when any storage of freight is outside
an enclosed building).
(k)Galvanizing works.
(I)Grain elevators.
(m) Ice plants.
(n) Laundries.
(o) Lumberyards.
(p)Machine shops.
(q)Manufacture of products such as
artificial flowers, feathers, plumes,
awnings, bags, boats, bone products,
brooms and brushes, buttons and
novelties, candy, canvas products,
cement products, concrete blocks,
chemicals (non-offensive, nontoxic
and non-lethal), cigars, cleaning or
polishing preparations clothing coffee
(roasting), cosmetics, cottonseed,
peanut or similar products, drugs or
medicines, electrical signs, extracts,
food products, fruit juices, furniture,
gas or electric fixtures, ice cream,
leather products, light metal
products, musical instruments, paper
products, sausage, shell products,
shoes and boots, syrup, terra cotta or
tile handcraft products, textiles, toys,
vinyl products, wooden ware.
(r)Monument or marble works,
finishing and carving only, excluding
stonecutting.
(s) Planning mills.
(t) Plumbing and sheet metal shop
(u) Sales rooms, yards and service for
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Ord.609,Zoning Regulations,Amended Eff.08.08.06
farm machinery, contractor
equipment and oil well supplies.
(v)Storage in bulk of, or warehouse
for, such materials as: Asphalt, brick
building material, cement, coal, con
tractors equipment, cotton feed,
fertilizer, grain, gravel, grease, hay,
ice, lead, lime, machinery, metals, oil
plaster, poultry, roofing, rope, sand
stone, tar, tarred or creosotes
products, terra cotta, timber, wood,
when incidental to sale at retail o for
purpose of constructing improvements
on the premises, alcohol, alcoholic
beverages.
(w)Assaying works;
(x)Cooperage works;
(y)Metal stamping, shearing
punching, forming, cutting, cleaning,
heat treating, etc.;
(z) Sheet metal shops;
(aa)Manufacture of adding machines,
cash registers, typewriters, basket
material, boxes, electric lamps,
carriage or wagon parts, clay, shale
and glass products, cutlery tools,
bicycles, electrical machinery, tools,
fiberglass products, and piping
subassemblies;
Storage in bulk and/or warehousing of
production materials and finished
goods associated with the
manufacture of those items.
7. Lot Design Requirements
(a)Minimum Lot Area in square feet N/A
(b)Minimum Lot Width N/A
(c)Minimum Lot Depth N/A
(d)Minimum Front Setback 25'
(e)Minimum Rear Setback 15'
(f)Minimum Side Setback 10'
(g)Maximum Height of Principal 60'
Building
(h)Maximum Lot Coverage 80%
(i)ETJ Classification Light Industrial (Clean)
NOTES: (1) 1,800 / additional unit(2) No more than 24 unit/ acre(3)Of principal building
(4) In a Manufactured Homes Parks (5)All lot and setback dimensions listed are minimum
requirements and are shown in feet.
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