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ORD 1223 11/14/2017"City of Choice ORDINANCE vZ AN ORDINANCE AMENDING THE ZONING REGULATIONS FOUND IN ARTICLE IV OF THE UNIFIED DEVELOPMENT BY AUTHORIZING THE ACTIVITY "FITNESS STUDIO/HEALTH SPA" AS A USE PERMITTED WITH A CONDITIONAL USE PERMIT IN DISTRICTS; AND PROVIDING REPEALER CLAUSE, SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to Texas Local Government Code Chapter 211, City Council has adopted comprehensive zoning regulations, which are codified as Article IV of the City of Cibolo's Unified Development Code; and WHEREAS, City Council desires to add the activities Fitness Studio/Health Spa as a use recognized within the table of uses referenced in Section 4.6 of the Unified Development Code, and authorize such use in the Neighborhood Commercial District "C-1" with a Conditional Use Permit; and WHEREAS, Texas Local Government Code Section 211.002 authorizes the City of Cibolo, as a home -rule municipality to adopt, repeal or amend zoning district boundaries in order to promote the public health, safety and general welfare of the City; and WHEREAS, after conducting a public hearing on November 8, 2017, the Planning & Zoning Commission has submitted a final report on this matter to City Council; and WHEREAS, City Council conducted a public hearing on this matter on November 14, 2017; and WHEREAS, legal notice notifying the public of the aforementioned public hearings were published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on Sunday, October 29, 2017 and Tuesday, October 31, 2017. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION I. Unified Development Code Section 1.12 Amended THAT City of Cibolo Unified Development Code, Article I (entitled "General Provisions") Section 1.12 (entitled "Unified Development Code Definitions") is hereby amended by adding the term and definition that follows: Fitness Studio/Health Spa: a public or private facility operated to promote physical health and fitness. Activities may include exercise, physical therapy, yoga, health spas and martial arts studios. SECTION H Unified Development Code Section 4.6.1.2.6 Amended THAT. City of Cibolo Unified Development Code, Article IV (entitled "Zoning Regulations")' Section 4.6.1.2.6 (entitled "Use Table") is hereby amended by authorizing the activity Fitness Studio/Health Spa as a use permitted with a Conditional Use Permit in the Neighborhood Commercial District (C-1) and adding to the use table as follows: C-1 C-2 r3 r-4 Fitness Studio/Health Spa i C SECTION III THAT all provisions of the Code of Ordinances of the City of Cibolo not herein amended or repealed shall remain in full force and effect. SECTION VI THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION VII THAT this ordinance is severable as provided in City of Cibolo Code of Ordinance Section 1-12. SECTION VIII THIS ordinance will take effect upon its passage, approval and publication as provided by law. PASSED, APPROVED, AND ADOPTED THIS 141h DAY OF NOVEMBER, 2017. CITY OF CIBOLO r Allen Dunn, Mayor APPROVED AS TO FORM DNR B&Z .C, ity Attorney