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Ord 1332 04/27/2021 Atch 1 ARTICLE 1. -GENERAL PROVISIONS Section 1.1 Short Title Appendix A of the.Ci. Code of Ordinances shall:be:known and may be cited as the Unified:Development Code of the City, or simply as:the Unified-Development Code or the UDC. Section 1.2 Purpose and Intent This UDC is adopted to: 1. Protect, promote, improve and provide for the public health,-safety and general welfare of the citizens of the City; , 2. . Ensure the safe, orderly and efficient development and expansion ofthe City in accordance with and pursuant to.its Comprehensive Master Plan; 3. Conserve, develop, protect and utilize natural_resources, in keeping with the public interest; 4. Prevent the overcrowding of land and avoid undue concentration or diffusionof population; - 5. Protect: and conserve the value of land throughout the City and the value of buildings and improvements upon the land;and to minimize the conflicts among the.uses of land and buildings; 6. Provide for open space; 7. Minimize pollution of.air and water, assure-the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aestheticquality of the community; 8. Lessencongestion in the streets and provide convenient, safe and efficient circulation for vehicular and,pedestrian traffic and any other form of circulation; and 9. .Facilitate the adequate:and efficient provision of transportation, water, wastewater, schools, parks, public safety and. recreational facilities, and other public facilities and services. Section 1.3 Authority The UDC is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the constitution and other laws of the State of Texas and the City Charter. Section 1.4'Jurisdiction The provisions of the UDC apply to all property within the corporate limits of the Cityand generally to all land subject to its jurisdiction as conferred by State law. A.Jurisdiction within City Limits The City has the statutory authority to exercise a-broad range of powers within its corporate boundaries and its extraterritorial jurisdiction.'Many-of those Powers are specificall .authorized by Chapters 211, 212, and 216 of Texas Local Government Code TLGC , as amended . Pursuant to such authority, all sections of the UDC shall apply.to all areas within the City Limits of Cibolo. All structures, land uses, businesses, 'subdivisions, or property development constructed or commenced after the effective date of this UDC :and all enlargements of, additions to, changes-in, reductions to or. relocations -of existing structures, landuses, businesses,subdivisions, or property developments occurring after-the effective date of this UDC are therefore,subject thereto. B.Jurisdiction within Extraterritorial Jurisdiction The City extends to its extraterritorial jurisdiction (ETJ) the regulation of subdivisions and property development adopted under TLGC Chapter 212. Unless otherwise authorized by State law, within its ETJ, the City may not regulate: 1. The use of any-building or property for business, industrial, residential-or other purposes;. 2. The bulk, height or number of buildings constructed on a particular.tract of land; 3. The size of a building that,can be constructed on a particular tract.of land, including, without limitation, any restriction on the ratio of building floor space to the land square footage; 4. The number of residential units that can be built per acre of land; 5. The size, type, ormethod of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if: a) The facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities. or b) The developed tract of land is: i. Located in a county with a population of 2.8 million or more; and . ii. Served by: (1) On-site septic.systems constructed before September 1, 2001, that fail to provide adequate services; or (2) On-site water wells constructed before.September:1, 2001, that fails to provide an adequate supply of safe drinking water. Section 1.5_Consistency with Comprehensive Master Plan This UDC is intended to implement the policies and objectives contained in the Comprehensive Master Plan and Master Thoroughfare Plan for the City and to affect the City's plan for.provision of public facilities and service;within the City limits and within the City's ETJ. Any application for development shall be consistent with the City's Comprehensive Master Plan, Future Land Use Map and Future Thoroughfare Plan, as each may be amended from time to time. The following General Land'Use Policies have been used in the development of this UDC in order to ensure that land development within the City's jurisdictional area is inaccordance with the City's Comprehensive Master Plan, Future Land Use Map and Future Thoroughfare Plan. These policies act as a guideline and should not be construed as development regulations. A. Growth Management 1. New development should be compatible with existing development and community character; 2. New development.should maintain the character,look and feel of the City; 3. New development should occur in a fiscally responsible manner for the City. B. Environmental Protection' 1. Development should preserve and protect waterways and floodplains; 2. Development,should preserve and protect surfacean ground water resources and active hydrologic areas; 3. Developers should cooperate with local governmental entities to ensure water quality; 4. Development should promote and encourage water conservation practices; 5. Development should preserve and protect air quality; 6. Development should seek public acquisition of open space or.develop conservative development optionsfor areas of:environmental concern; 7. Agricultural and ranch lands should be priority areas for open space preservation; 8. Development should promote awareness and implementation of Best Management Practices (BMPs)for purposes of water quality and,land conservation; 9. Development should preserve and protect .unique species of wildlife habitat and shall employ appropriate measures to minimize disturbances to wildlife habitats on surrounding properties and properties that will be preserved for conservation or floodplain management purposes. C. Housing 1. Development should provide housing alternatives for all income levels within the City's jurisdiction; 2. Development should encourage housing that is compatible with existing neighborhoods and land uses; 3. Development should promote cluster development when and where appropriate. D. Economic Development 1. Development should promote economic development along 1-35, I-10, FM 3009, FM 1103, FM Loop:539, Main.Street and other arterials identified by the Future Thoroughfare Plan. 2. Development should promote economic development consistent with other land use policies. 3. Development should promote quality development that is compatible with neighboring areas. E. Historic Preservation. . 1. Development should preserve and enhance.historic areas of the.City's jurisdiction. 2. Development should preserve.significant,archaeological sites throughout the City's.jurisdiction. 3. Development should use community'history to promote tourism and economic development. F. Parks and Recreation 1... Development should connect existing and future parks in accordance with the- a Comprehensive Master Plan. 2. Development should provide and preserve open space and parkland in new neighborhood. 3. .Development should encourage maintenance and safety of parks and recreation resources. G. Circulation 1. Development should improve access to major thoroughfares identified by the City. . 2. Development should encourage streets.and street network designs to be interconnected to provide ample,I safe, and appropriately scaled access through and between neighborhoods and to commercial centers. 3. Development should provide safe and efficient vehicular connectivity. 4. Development should provide for safe and effective hike and:bike trails. . 5. Development should ensure that access is safely managed and integrated into land use and site designs. 6. Development should encourage adequate parking and layouts of parking to be provided for.new commercial, office and retail development, provided that the parking fields do not deter ease of pedestrian access into and through new developments, and do not deter or detract from community character. 7. Development should provide for safe and ample pedestrian connectivity throughout new and/or existing.developments, including schools, park sites, and commercial areas. H: Urban Design 1. . Development should encourage and provide incentives for blending of land uses and mixed-use development. 2. Development should utilize streetscape design criteria to,encourage safe and desirable pedestrian access and community attractiveness. 3. Development should utilize appropriate building area and bulk regulations, configurations, project scales and architectural design for new developments within the community. 4. Signage should not detract from the visual integrity of the community. 5. Lighting associated with signage, buildings or area-wide development should not pose a safety or environmental concern, and should be addressed in an .aesthetically pleasing manner, when possible and appropriate — particularly as it relates to the impact'on existing or new residential. development. I. Civic and Public Spaces 1. Civic buildings:and civic.spaces should be given prominent sites. 2. School sites should be provided as new.neighborhood developments are approved, so as to be within walking distance of a majority of.the dwelling units in.adjoining neighborhoods. This-should be coordinated.with the appropriate school district. Section 1:6 Vested Rights"Issuance of Local Permits" Property owners who have filed a completed application or have obtained approval of any project or permit prior to the.effective date of this UDC shall be considered in compliance with TLGC Chapter 245. Section 1.7 Minimum Requirements A. The provisions of this UDC shall be. interpreted and applied as the minimum requirements for the promotion of public health, safety and general welfare. B.. Whenever the requirements of this UDC are in conflict with the requirements of any other lawfully. adopted:rules, regulations,codes,or ordinances,the requirement that:is most restrictive or that imposes the.higher standards, as determined by the City Manager or designee shall apply. C. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this UDC shall not relieve the recipient of such.permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality,county, special district, State or Federal agency having.jurisdiction over the structures or land-uses for which the permit, certificate or approval was issued. Section 1.8 Effective Date This UDC amends and.restates the original.Unified Development Code of the City, which had an effective date of February 26,. 2013 (Ordinance 1:048). This amended and restated UDC shall take.effect upon, adoption'by the City Council, as reflected on the title page hereof. Except as otherwise provided in this UDC, on the effective date.and thereafter, this UDC shall supersede all prior development regulations governing the development of land within the City and its ETJ. All.development applications and proposals filed on or after the effective date of this UDC, whether for new developments or amendments to plats and plans shall be required to meet the standards of this UDC and shall be processed in accordance with the procedures herein. Section 1.9 Severability All sections, paragraphs, sentences,.clauses, and phrases of this:UDC are severable, and if any such section, paragraph, sentence, clause'or phrase its declared unconstitutional or otherwise invalid in=any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall.not cause any remaining section, paragraph, sentence, clause, or phrase of this UDC to fail or become invalid. Section 1.10 Violations and Penalties A. 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; per violation, under the purview of Texas Local.Government Code 54.001: A fine or penalty for the violation of a rule, ordinance, or police regulation may not exceed$500 except that. A fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may.not exceed$2,000; and A fine or penalty for.the violation of a rule, ordinance, or police:regulation that governs the dumping of refuse Ma, not exc-eed 4,00 . Each day that such violation occurs continues as a separate offense. B.. 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: 1-. Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; 2. .:Restrain, correct, or.abate the violation; 3. Prevent the occupancy of the building, structure, or land; 4. Prevent any illegal act, conduct, business, or use on or about the premises. C. 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,without first applying for and obtaining a building permit. D. All applications for such permits.shall be in:accordance with the requirements of this.ordinance and building code for the City unless upon written order of the City Council 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. E. No building permit or certificate of occupancy shall be issued except where.the provisions of this ordinance have been complied with. F. No oversight or neglect 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. G. In interpreting and applying the provisions of this UDC, they shall be held to.the minimum requirements for the promotion of the public health, safety, and/or welfare of the public. H. 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. Section 1.11 Validity The issuance or granting of-a permit or approval of plans or plats, site or facility,designs, or specifications shall not be construed to be a permit for, or an approval of, any-violation of any provision of this UDC or any other City ordinance.:No permit purporting to give authority:to violate or cancel:the provisions of this. UDC shall be valid, except insofar as the work,or use that it authorizes is lawful and conforms,to the requirements of this UDC or a variance, exception, or modification granted pursuant to this UDC. Section 1.12 Unified Development Code Definitions The following words,terms and phrases,when used in this UDC, shall-have the meanings ascribed to them in_this UDC,:except where the context clearly 'indicates a different meaning. Those terms not.expressly defined in this Article are to be defined in accordance with the City UDC or other applicable Mrdinances or the City Code of.Ordinances or in the absence of ordinances in accordance with customary usage in municipal Mlanning and Engineering practices. 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. Accessory.Building. An enclosed structure on the same lot with a principal structure that is of a nature that is incidental. and subordinate to the principal.structure.- Accessory Living Quarters An accessory building used_soiely as the temporary dwelling of guests of the occupants of the premises; such:dwellings having no kitchen facilities and not rented or otherwise used as a separate.dwelling unit. Accessory.Residential Units,Commercial District: The residential occupancy of a portion,of the principal use, not exceeding one-third of the gross floor:area and is'owner-occupied. If:intended to serve for security, it may include a full kitchen and must comply with all building and fire codes: Accessory Residential Units,Residential District The residential occupancy of a portion of the principal use,.not exceeding one-third of the.gross floor area and is owner-occupied., Commonly referred to as"mother-in-law flat", it may include a full kitchen and must comply with:all building and fire codes. One additional off-street parking space is required. cce sots Solar Energu Suste solar ever , s, stem that su _lies electrical or thermal ower rimaril, for on-site use. Accessory Structure An unenclosed structure on the same.lot with a.principal structure that is incidental and subordinate to the principal structure. Patios,decks, pergolas, trellises, and swimming pools are examples. Accessory,Use A use.that is incidental and subordinate to that:of the principal use of a building or land and that is located on the same lot and under the same ownership in all respects. Acreage; Gross Refers to the total acreage of a site development, land study or subdivision. Acreage, Net Total acreage of a subdivision less recreation areas and those-areas dedicated to public use such as street and alley rights-of-way. Administrative and.Business,Offices Offices,- =rivat firms or organizationswhich are rimaril, used for the D rovi )I executive, management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management;-investment, personnel,travel,,secretarial services,telephone answering,..:photocopy: and reproductionFand business offices or public'utilities, organizations and associations, or other use classifications when the service rendered-is that customarily associated_with administrative office services. Administrative Officers Refers to any officer of the City referred to in this UDC b title, including but not limited to the City Planner, Director of Planning and: =n ineerin , City Engineer, Building Official, City Secretary, Police Chief,Fire Chief, Fire Marshal, and City Manager, or duly authorized representative. This definition also includes engineering, planning, legal, finance, or any consultants retained by the City. Administrative Services Offices, administrative, clerical or public contact services that deal directl .with the citizens, together with incidental :storage and maintenance of necessary vehicles ical uses inelud c„ federal, state, county and city offices. Adult/Community Group Home A dwelling unit for sixteen (16) or fewer people in which food, shelter, and:minor medical treatment under the direction and supervision of a physician, or services which meet some need beyond boarding or lodging are provided to residents of that dwelling unit, but not including care provided to any family member residing with his family in a one-family dwelling. Residents of;an Adult Group Home depend on staff to provide :various degrees of assistance in everyday living, but are not considered dangerous to.themselves or others and require only occasional or temporary services by professional medical or nursing personnel which are provided through individual arrangement with each resident, per UDC.Article 6. Advisory Body Refers to any Commission, Board, Committee or other group of persons appointed by City Council for any purpose to provide recommendations and direction on any matter that pertains to the City of Cibolo. Agricultural The use of land for the production and.primary processing of food and fibers for sale, including cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture, animal andpoultry husbandry, and-such incidental accessory facilities as greenhouses and nurseries, provided that the operation of such accessory facilities shall be clearly secondary to normal agricultural activities. Agriculture includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting„-and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals.such as cattle, dairy cows, sheep, goats,hogs, horses, and poultry and handling their by-products. Establishments primarily engaged in.supplying equipment, pesticides, landscaping, food processing and warehousing on a commercial or industrial scale; shall not be considered to be an agricultural use. Agricultural Sales and Services Establishments or places of business engaged in sale (from the premises) of feed, grain, fertilizers, pesticides and similar goods or in the provision of agricultural related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries, hay, feed and grain stores and tree service firms. Alley(also see street, alley definition) A minor M right-of-way not intended to serve as the primary access to lots],but rather as a seconda means of vehicular service access to the back or sides of properties that abut a street unless re•uired e ecfiion 19.4 of this God Alteration Any change, addition or modification in construction. Amended or Amending Plat A revised plat correcting errors or making minor changes to a recorded plat. Amendment A change in the wording, context, or substance of this ordinance, or a change to zoning district boundary of the Cibolo Zoning Map, which map is incorporated in this UDC by reference. Amenity An improvement -to be dedicated to the public-or to the common ownership.of the lot'owners of the subdivision and providing aesthetic, recreational or other benefits. Amenity Center A private facility associated with a specific development that provides:social gathering areas, recreational facilities, or other types of common space for the exclusive benefit of residents of the development. Amusement Center An establishment.offering five(§ or more amusement devices, including; but not limited to; coin-operated electronic games, table games an similar recreational.diversions in an enclosed building. Apartment:Residential The use of a site for three (3)or more dwelling units, within one (1) or more buildings. Applicant A.person or.entity who submits-an application for an approval required by-this ordinance, who sometime may also be referred to as "developer", "subdivider", or other similar,term. Application. A written request, on forms provided by the City, for an approval required by this UD.C. Artisan Sales The „an:ufacturle an, wai sale of hand-crafted wares,such as pottery,jewelry, art, and similar products of, craftsmanship. rtisan/Culinary Classes (Specialty Classes n establishment used in the teaching of specialty classes in the arts of crafting, sculpture artwork, foo nd Lthe like. Such classes will be conducted b a trained instructor on an occasional basis, - Assembly, Large scale Religious, cultural or fraternal activity that is conducted,primarily within an enclosed facility of 10,000 square . foot or M grossn.floor area. Automobile Dealership Includes new and used car, pick=up truck and motorcycle sales/display, and associated maintenance _. facilities. Automotive Rentals Rental of automobiles, noncommercial trucks,trailers and recreational vehicles; including incidental parking. and servicing of vehicles available for rent or lease. Typical uses include auto rental agencies, railer rental- agencies and taxicab parking and dispatching. 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 may require the outdoor storage of wrecked or damaged vehicles or the repair of trucks and large1scale equipment, such as trailers. Automotive Repair,Minor An establishment primarily.engaged in the repair, maintenance or washing of automobiles and pick-up trucks and similar mechanical equipment, including brake, muffler, upholstery work,tire repair and change, lubrication, tune ups, washing .and transmission work, which is conducted within a completely enclosed building. Automotive Sales aii Rentals Sal pleas" or rental of automobiles, noncommercial trucks, motorcycles, motor homes; recreational vehicles or boats, including-incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships and boat, trailer and recreational vehicle dealerships. 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 an automatic car wash and convenience food and beverage sales. Refer to-Article 6.of this UDC for additional requirements. Automotive,washing :Refers to establishments where the primary use is the washing,:cleaning and detailing of automobiles and. related.light equipment. Typical uses include auto laundries or car washes. Aviation Facilities Landing fields, aircraft parking service facilities, and.related facilities for operation, service, fueling, repair,. storage; charter, sales, and rental of aircraft, and,including activities directly associated with the operation and maintenance:of airport facilities and the provision of safety and securityyiation facilities:are subject aLSifedPlan:review€ ackgrounduTraffi Existin traffic notereated°orrassociated with traffic e�d b the develo merit: Ba ;MicroaBrewe A use engaged in the roiluctto reparation and retail sales of alcohol beverages for consumption on the premises, including taverns, `ars cocktail lounges and similar uses. Base Flood Refers to a flood that has a one percent(1%) chance of being equaled or exceeded in any given year, as determined by the Federal-Emergency Management Agency on a Flood Insurance Rate Map. Basement.: The portion of a building (floor level)that is at least 12 feet(12') below ground level: Basic Industry A use engaged in the.basic processing and manufacturing of materials.or products predominately from ,extracted or raw materials or a use utilizing flammable explosive or commonly recognized offensive conditions or materials. ig Box Storti building in a Mixed Use orCommercial�zonindistnct characterizedb safoot�`riri;t a ualrto,or eaterfha, ne hundred thousand (100,:®.®03 s.,.... eet or,IVIS,acontinuous�bulltlin ,fronts a-e, ual to or reaterthan our. hundred 40Qi alinear¢feet - 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. Block A tract of land bounded by.streets or a combination of streets, public parks or corporate boundaries. Block Length or Street Length- Refers to distances measured along the centerline of the street from.the intersecting center point of one through street to the intersecting center point of another street, onto the midpoint of a cul-de-sac. The through street referredto above.shall not be a cul-de-sac, a dead-end street, or a looped street, but shall be a street which clearly has points of ingress from two different directions. Boarding House A dwelling containing a single dwelling unit and not more than. .en 10 guest rooms or suites of rooms,.where lodging is provided with or without meals, for compensation for more than 1 week. Buffering The installation of walls, fences berms and/or planting of trees and/or shrubs designed to minimize the transmission of-unwanted noise, light, vibration, dust, traffic or activity from one property to adjoining public or private properties. Building Any structure used or intended for supporting or sheltering any use or,occupancy. Building Code Refers to all.current building, fire and accessibility codes adopted by the City of Cibolo. Building Coverage All areas covered by principal and accessory buildings or roofed areas, as measured along the outside wall,- at all,at ground level, and including all.projections other than open porches, canopies and:the first two feet of:a roof overhang. Building Height - The vertical.distance above the.average existing grade measured to the highest point of the building. The height ofa stepped or terraced building shall be the maximum height of any segment of the building. 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.- 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, fronting on a dedicated street. Building Maintenance Services Establishments primarily engaged in the provision of maintenance and custodial services to firms rather, than individuals. Typical usesinclude janitorial, landscape maintenance or window cleaning services.. ON Building, Detached A building.or structure,that is surrounded by open yards or open space. Building, Primary A building or structure where the principal use of a site is conducted. Building Setback Line Refers to a boundary governing the placement of buildings, structures or accessory buildings relative to property lines. 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'. Business 120105',091 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. Business Day Refers to Monday through.Friday, excluding an official city, state or federal holiday. Business Support Services Establishments or places of business primarily engaged in the sale; rental or repair of equipment and supplies used by:office, professional and service establishments to the firms themselves rather than to individuals, excluding automotive, construction and farm equipment:Typical uses include office equipment. ;and supply firms, small business machine repair shops or hotel equipment and supply firms. Business or Trade school A use providing education or training in business, commerce, language; or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university or public or private educational facility. Campground .Facilities providing camping or parking areas and incidental services for:travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks. =ub�ect to Site Flan review 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. Capital Improvements Program (CIP) The official schedule of all future public projects listed together with-cost estimates and the anticipated means-of financing each project, as adopted by City Council. Cemetery .: Land used or intended to be.used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and.within the boundary of such cemetery. certificate of Occupai c n official certificate issued by fihe City indicafin conformance with the Cit -s rules and re MIMI ns an hick authorizes le al use of the •remises. Change of Use Any alteration in the primary use of a lot for zoning purposes thatmay entail the need for additional parking or loading facilities. City The City of Cibolo, Texas. City Attorney Refers to only such attorney, or firm of attorneys; that has been specifically employed by the City to represent the City in legal matters and offer legal opinions to the City. City Council or"Council" The duly elected or appointed governing body of the City of Cibolo, Tezas. City Engineer Refers to the only such engineer, or firm of engineers, that has been specifically employed by the City to represent assist in engineering matters and to offer engineering recommendations to the City. City Manager Refers to the City Manager of the City of Cibolo, or designee, as appointed by City Council. -it of-Cibolo�Mobil�t".�Pla. he Ci of .Cibolo Master`Tharou °hfare ;Plan should be o•merit.; Refer to the followin< lin"k to tyiewe , ro ered eCt -ofiCiooel Website` hts . .m721 .. rehen sl, Ma"ster,Plan Finab I'f should benotetltfiat the City of Cibolo�Master�Thoroughfare Planisaving docurnentadnis enodicall u•:datedraorreflecfi=fihe�ch_an•es�'in,+the�claracterstics of antics atetl.traffic.filaw within,the�Cifi City Planner Refers to the duly authorized employee or representative of the City who-administrates all requirements of :this UDC, providing planning function for the City and who is charged with-implementing the platting, zoning and other growth8related ordinances of the City of Cibolo. City Standards .Refers to the City of Cibolo Design and Construction Standards and specifications, together with all tables-, drawings and other attachments as may be approved by the City Council, and those standards, adopted . by reference as apart of this UDC. :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 laboratorybut may,not include facilities for providing room"or board for patients, nor may a clinic include offices or facilities for veterinarians. Club or.Lodge A use providing meeting, recreational, or social facilities for a private or non-profit association,:primarily for use by members and guests.- Typical suses include private social clubs and fraternal.organizations. An . association of persons for the promotion of anon-profit common objective, :such as literature, science, politics, good fellowship and similar objectives which meets periodically, and which is limited to members. Cluster Housing Any dwellings arranged accordingto 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 lot for zoning purposes. College and University Facilities .: An academic institution of higher learning accredited or recognized by the state and offering a program or series of programs of academic study. This category shall also include technical institutions offering associate degrees and similar professional credentials. 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. Commercial,_Light An establishment:or businesses that generally M retail or wholesale sales, office uses, or services, conducted completely indoors and do not generate noise.or other impacts considered incompatible with less-intense uses. Commercial, Recreation Any building designed for or occupied by, bowling alleys, health clubs, swimming pools, ice skating, billiards, or similar uses. Commercial Center(Convenience, Neighborhood, Community and/or.Regional) 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. Commercial Off-Street Parking Parking of motor vehicles on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use, Typical.uses include commercial parking lots or parking garages. Commercial.Retail Sales.and Services Establishments that engage in the sale of general retail goodsand accessory services. Businesses within this definition include.those that:conduct sales and storage entirely within an enclosed structure (with the, exception of occasional outdoor sidewalk":promotion's); businesses specializing in the sale of either general merchandise or convenience goods.. Commission The Planning and,Zoning Commission of the City of Cibolo, Texas. Communications Services Establishments primarily engaged in the provision.of broadcasting and other information relay servicer accomplished using electronic and telephonic mechanisms but excludes those classified,as major utility facilities. Typical uses include television studios, telecommunication service centers or telegraph service offices. 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 publicon equal basis. Community Swimming Pool An outdoor or indoor pool owned jointly by two (2) 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. 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. This definition does not include detoxification centers but would allow alcohol and/or drug abuse treatment facilities and adult treatment facilities. Community Recreation A non=profit recreational facility for use by residents and guests of a particular residential development or limited residential neighborhood, including both indoor and outdoor facilities. 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 for children or a boarding home. Comprehensive Master Plan (CMP) Refers to the Comprehensive Master Plan of the City of Cibolo and includes any unit or a part.of such unit separately adopted and any amendment to such plan or parts thereof, such as.the Future Thoroughfare Plan, Future Land Use Map and Master Park Plan. Concrete/Asphalt Batching Plant Implies,a temporary, short term use, until a particular construction project or projects are completed..City Council may stipulate a condition of time to allow this temporary use.and may decide to renew the CUP for a specific term. Conditional Use A use or occupancy of a structure, or a use of land, permitted only upon issuance of a conditional use permit and subject to stated conditions required to make the use compatible with other uses permitted in. the same zone or vicinity. Condominium A form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real.property designated.for common ownership or occupancy solely by the owners-of the portions. Real property is a condominium only if one or more of the common elements are directly owned in undivided:interests by-the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the.Unit owners. such as a corporation, even if the separate legal entity is owned by the unit owners. Condominium:Residential A single-dwelling unit in a multi-unit dwelling -or structure-that is separately owned and may be combined, with an undivided interest in the-common areas and'facilities of the property. Construction Plans Technical drawings and specifications, including bid documents and contract conditions, where applicable, providing a.graphic and written.description of the character and scope of the work to be performed in construction of a subdivision: Construction Sales and Services Establishments or places of business primarily engaged in construction activities and.incidental;storage on. dots other than construction sites as well as the retail or wholesale sale; from the premises,-of materials used.in the construction of buildings to:other structures other than retail sale of paint, fixtures and hardware excluding those classified as one of the automotive and equipment services use types. Typical uses. included building materials stores, tool and equipment rental or.sales or building contractors. Consumer Repair Services Establishments primarily engaged'in the provision or repair services to individuals and households rather than firms-but excluding automotive and equipment,use types. Typical,uses included appliance repair shops, watch or jewelry repair or musical instrument repair firms. All incidental storage shall-be enclosed. Contiguous-Lots Lots that have at least one boundary line,or point of one lot touches a boundary line, or lines, or point of another lot are considered to be contiguous. Convalescent Services A.use providing bed ,care and.:in-patient-services for persons: requiring:regular .medical attention, but: excluding a facility providing surgical or emergency-medical services, and excluding a facility providing care for alcoholism, drug addition, mental disease, or.communicable disease. County Guadalupe County, Texas. Court A space, open and unobstructed to the sky, located at or above grade level on a lot. Court; Inner A court entirely surrounded by the exterior walls of a building. Court, Outer A court that has one side open to a street, alley, yard or other permanent open space. Shm-Ft., M..Rer street that terminates on the eppesite-end with a VehiGular turnarqqp#� ul-De-Sac/Knuckl Cul-De-.Sac is a dead-end street that has a fire accessible turn around at the end of the street.A Hal ul-De-Sac or Knuckle is a street bend at 90 +!-5 degrees.for residential and collector streets. Cultural Services A library, museum, art gallery, or similar non-profit use affording display; preservation and exhibition of objects of permanent interest in one (1) or more of the arts and sciences. Day(s) Applies to.all calendar days unless otherwise specified. Day Care Services, Famil facility,or use of a building or portion'thereof, for daytime care of no more than four(4)children under 1 ears of age, excluding children related to the caretaker, and provides care after school hours for not mor than six(6)additional elementary school children,'including those related to the caretaker shall not excee twelve 12 at any given time. Refer to Article 6 of this UDC for additional re uirements. Day Care Services,Grou Group Day Care homes provide regular care for between five (5)to twelve(12)adults or children for les than 24 hours a day. This,shall include_ nurseries preschools and adult care facilities. Refer to Article 6 o his UDC for additional requirements. Day Care Services, General Commercial A facility or use of a dwelling unit or-portion thereof for daytime care of F�_ (7) or more individu nlimited number of adults or children for less than 24 hours a da .'This terrh includes'nu'rsery school, pre- schools, day care centers for children or adults and similar uses. Refer to Article 6 of this UDC for additional requirements. Dead-End Street A street, other than a.cul-de-sac, with only one outlet. Dedication A conveyance or donation of property by the owner to the City, Guadalupe County, Texas Department of Transportation, or any other public or private utility provider or other entity within the jurisdiction. Density The amount of land per dwelling unit excluding the area for roads, parks, churches and schools, common open space; public/private capital facilities, and dedicated public lands, and any other nonresidential use except tax-exempt open space. Depth of Rear Yard The horizontal distance between the rear line of the main building and-the rear lot line. Detention Facilities A publicly operated use providing housing.and care for individuals confined by law,.as defined by Section 1.07 of the Texas Penal Code. Developer An individual, partnership, corporation, or governmental entity undertaking the subdivision or improvement of land and other activities covered by this UDC, including the preparation of a subdivision or development plat showing the layout of the land and the public improvements involved therein. The term "developer" is intended to include the term"subdivider"even though personnel in successive stages of a project may vary. Development The construction of one or more new buildings or structures on one or more building lots,the moving of an existing building to another lot, or the use of open land for a new use . "To develop" shall mean to create development. Development Agreement . A.contract entered into by the applicant and the City, by which the applicant promises to complete the required public improvements or perform other required obligations within the subdivision or addition within a specified time period following final plat approval. A Development Agreement.may be used to deal with current and future platting issues for a proposed project or in conjunction with annexation. Develo ment Application 2.001 or Plan as defined under Texas L. cal.GNv--rh neat 6o 21a menY ed or superseded; more specifically a Plat; P"relimfnary I?lat, Final .Plat, overall Developmen on-1- Plan/Land Studyk a"st&Plan/Mixed Used Conce._t Plan En" ineerfn /Construction Plan's Studie r Technical Re'ort'. iameter at breast height(caliper)(DBH tree trunk diameter measured'in orches at a height of four and one half(4.5) feet above the ground; If ree splits into rnuttip}e trunks below 4.5 feet, the tree must be measured hU6 places, the narrowest poin, eneath the:split and '/the surn;of the calipers of the trunks immediately above he split The greater o he f`wo measurements i5 the _DBH. ''Jf there is no single; trunk abo�ie;g"round level to measure,;th` easurenient mii`st be<the sum of'fhe main trunk plus of all other branches of#fie calib&g ohh variou run,k's at ki�east hei -ht. 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. Driveway A private access road,, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located. Dry Cleaning Plant A.large-scale establishment primarily engaged in the large8scale industrial scale cleaning of textiles and garments in large,revolving washers where they are washed with the cleansing fluid and special soaps, rinsed with pure cleansing fluid; and then spun to remove most of the fluid. They are then dried with warm air in a tumbler where cleansing fluids are reclaimed and used again. Duplex residential The use of a site for two (2)dwelling units within a single building. 'Dwelling .. A building or portion thereof, designed exclusively for residential occupancy, including one-family, two- family;and multifamily dwellings, but riot including boarding and lodging houses; apartment hotels, hotels, tourist courts and motels. 'Dwelling unit One (1) 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 one (1) family maintaining a household. MEN, MMIMIM1.1 MM, ."GM lop 0 � Q B-Q�vens�IT� Dwelling, MultilFamily A.building designed for occupancy by three (3) or more families living independently of each other within. three (3) or more dwelling units. 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. Dwelling, Single Family A detached.dwelling unit with kitchen and:sleeping facilities, designed for:occupancy.by one (1).family. Dwelling,Two-Family A building designed for or occupied exclusively by two (2)families. Easement An area for restricted use.on private property upon which.the City or a utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and other improvements or growths. which in any way endanger or'interfere with the construction, maintenance or efficiency of its.respective systems in said easements., Eating and drinking places A retail establishment primarily.engaged in-the sale of food and drinks for..consumption on the'premises.. Educational Facilities (Primary and Secondary) A public, private or parochial school offering instruction in the branches of learning and study required to be taught in a public school of the State of Texas. (For additional information reference UDC Article 13.4) Electric Vehicle Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; :either partially or exclusively, on electrical energy from the grid, or an off-board source; that is stored on board via a batteryfor motive purpose: "Electric vehicle" includes: (1),a battery electric vehicle; and (2) a plug-in hybrid electric vehicle. Electric Vehicle Charging Station A public or private,parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. Engineer A professional duly authorized under the provisions of the Texas Engineering Registration Act,as amended, to practice the profession of engineering. -rosin he wearin awa, of land bthe action ofIV nd- water.Magi 7, ice or an, combination of'fihese forces Equipment Repair Services Repair of trucks, tractors, construction equipment, agricultural implements and similar heavy equipment. Typical-uses include truck repair garages, tractor and farm implement-repair services and machine shops, but exclude dismantling or salvage. Equipment Sales Sale or rental of trucks, tractors, construction equipment, agricultural.implements, mobile homes, similar heavy equipment, including incidental storage,. maintenance and servicing. Typical uses include truck dealerships„construction equipment dealerships and mobile home sales establishments. Escrow A deposit of cash with the.City in accordance with this UDC. Extraterritorial Jurisdiction (ETJ) The unincorporated area, nota part of any other City, which is contiguous to the corporate limits of the City of Cibolo, the outer limits of which are measured from the extremities of the:corporate limits of the City outward for a distance stipulated in the Texas Local Government Code Chapter42.021 as may be:amended from time to time in accordance with the total population of the incorporated City, and in which area, within the terms of the act, the City may enjoin the violation of this UDC. Face of Building, Primary Afacade of- a building facing a public street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations. Farmers Market Places of business primarily engaged in the retail sale of farm grown food: Use is allowed on a day to day. or part time basis with the permission of the property owner on whose property the sales will be conducted. Farm Animals Animals other than household pets which, where permitted, may be kept.and maintained for commercial production EM sale and/or family food production, education or recreation. Farm animals are identified by these categories: large:animals, e.g., horses an� cattle; medium animals,e.g., sheep I goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese,ducks and pigeons. Final Plat The one official authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer;with the subdivision location referenced to a survey corner, and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. An amended plat is also a final plat. Financial:Services Establishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, loan and lending activities and similar services. Fire Lane An access designed for emergency escape from an entrance to a parcel of land or its improvements. fitness StudiolHealth Sp public or private facility operated to promote physical health and fitness, Activities ma, include exercise h, sisal theta o a health s as and martial arts studios Flea Market; Outdoor Open-Air-Sales Buildings or open,areas in which sales areas or stalls are set aside or rented and which are intended for use by:two or more individuals or by educational, religious-or charitable organizations to sell articles that_ are either homemade, homegrown, handcrafted, or antique. Flood Iain Any MA land area adjoining the channel of a river, stream, lake,:watercourse, marshy area, or other drainage element, which has been or may be inundated by stormwater runoff. The extent of the,floodplain shall be determined by.the crest of a flood having a 1% chance of occurrence in one year(see"Base Flood" definition). FloodwaY The channel of a river:or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.- W. Meas ited-41101M Floor Area; Net(NFA) Gross floor area minus vents, shafts, courts, elevators, stairways, exterior walls an` similar facilities.' Food Sales Groce Establishments or places of business primarily engaged in the retail sale of food or household products for =home consumption. Typical uses include groceries, delicatessens, meat markets and bakeries. good Truck,Ancilla n oodtrucks parked and operating on a sile lot home to a permanent busine"ss°or buildiiig: ood�Truck; Par h e3 orxriore food,tniacks 'arked,and o eratin on a sin"le lot antl servih as the n:marykusinesson uni of�illumination roduced`xo_n a°surface.all oints`of which are one�foot from a uniform Dint source o ne=cantlle Frontage The width of,a lot or parcel abutting a publicright-of-way measured at the front property line. Front Building Setback Line A line parallel to the street right-of-way,which the building faces, an= takes its.primary access from an"' that is the required_ minimum distance establishing the area within which the principle'must be exited or. placed. Funeral Services Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. 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. Garage, Detached A garage wholly separated and independent of the principal building. Garage, Private A.building or a portion of a building 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. Garden Homes A single-family detached or duplex home on a small lot with amenities similar to townhomes or condos-. Amenities may include community pool or yard maintenance provided by Homeowners Association (HOA). 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. General Contractor Services General contractor services are permitted subject to compliance with.all environmental performance standards of this UDC. General Plan A term synonymous with the definitions of-"Master Plan" and "Land Study". General letailgales; Neighborhood Scale Sales or rental of commonly used goods and merchandise for personal or household uses for surrounding neighborhoods. General letail gales; liegional Scale Sales or rental of commonly used goods and merchandise for personal or household use. Typical uses :include department stores, apparel stores, furniture stores, mail order stores or similar establishments. Governing Authority Shall refer to'City Council of the City of Cibolo, Texas. Grade(Adjacent.GroundElevation) The lowest oint of elevation of the existing surface of the-ground,within the area between the building and a line iue 5' fee from the building. Greenbelt A natural or relatively undeveloped area near or surrounding an urban area which remains undeveloped through restrictions on building. Greenbelts typically provide a buffer between differing land uses, preserve, the natural features of an area, or provide recreation-space. Greenbelts tend to be linear and are thus ideal sites for trail development. Gross Density The number:of dwelling units per gross acre within the subdivision. Gross:Floor Area (GFA) The total area of a building measured by taking the outside dimensions of the building'at each floor level intended for:occupancy or storage, which excludes attics and underground parking areas. 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. Group Residential .. The residential occupancy of living accommodations by groups of more than five (5) persons (not defined as a family) on-a:weekly or longer basis. Typical uses include occupancy of fraternity or sorority houses, dormitories, .residence halls, or boarding house. Guidance Services A use.providing:counseling, guidance, recuperative, vocational or similar services to persons requiring rehabilitation assistance as a result of mental J11ness, alcoholism,:detention, drug addiction, family violence or similar conditions, either on a residential'or daytime care basis. Habitable Space (Room) r 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. Hazardous Waste Storage The holding of hazardous waste for a temporary period, as regulated by the TCEQ. 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. Hazardous Waste All dangerous and extremely hazardous waste as defined in Section 70.105.010 (15) RCW, except for moderate risk waste as set forth in Section 70.105.0.10 (17) RCW. Heavy.industry. An establishment engaged in the manufacture, processing, assembly, compacting, packaging, or compounding and/or treatment of raw materials. Health Care Offices A use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by physicians, dentists, medical.and dental laboratories and similar medical practitioners. Height "... •y _ _ �;y= �:.. _ When referring.to a building or other structure the vertical distance between the average grade of, the ground under the footprint of a building to the highest point of the coping of a flat roof, or the deck line of a mansard roof or to the.midpoint of the pitchoof the highest gable:of a gable; gambrel.or hiR roof: See A endix B h�en�refer�encin hei ht°for'WCF, HAIVJSRadio.Antenna�Satel►if6tDM5es,''Small scale`Wh Ener , S_ dterns,andkS.ola'Pr'ra s.reference IJDC Article 11` 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. Hospital services A facility providing medical, psychiatric or similar service for sick or injured persons primarily on an inpatient- basis including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees or visitors. Home Occupation a #n #hole �a�:` n � rceit'I.anrne F»�.ino nn� 3 � +� nnrhi nntrlen# I o o nf.�c -.. .s, •i • e-a �'ar4 m.2�ee°<-:r'`x': ..,r.�.�`�s-} `�, � __��s ,� c`�,�3�"� .. . A Home Occupation is that accessory use of a dwelling that shall.constitute all or some portion of the livelihood of a person or persons living in the dwelling..The Home Occupation shall be clearly incidental to the residential use of.the home and cannot change the residential character:of the home or adversely affect the surrounding neighborhood and is conductedin accordance with the requirements of Article 6 of this UDC: :Hotel-Motel kftybid ilding containing six or rnoreguess roams intended or designed�to be,used,orwhich are used, rente r hired out to be_ioccupied, or,which are-occu ied for slee in ur` oses li nests and which are no nteidetl'as''a ermanent residence. Household Pets Dogs,, cats, rabbits, birds, and the like for family use only (noncommercial). Hospital Services A facility providing'medical, psychiatric or similar service for sick or injured persons primarily.on an inpatient basis including ancillary facilities for outpatient.and emergency treatment, diagnostic services, training_, research, administration and services to patients, employees or visitors. House,and Apartments Any building which is designated or occupied as a home or residence of more than 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. Ice efDispensing; Portable.Building/Structure n automatic-self-contained portable ice dispensing structure that produces and dispenses_ ice for retail sale as a primary or secondary use of site. This does:not include typical ice machines that sell. packaged bags of ice. Impervious Surface/Cover Any hard surface, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks and other.paved areas. Indoor Entertainment Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls and dance halls. Indoor sports and recreation :Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice-and roller-skating rinks gymnasiums;'cross_-fit studio: and arcades. 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. nfilllor1lnf�ll Developmen evelop ent of vacant parcels:within.a built-up.area: Parks ando en. space are: considered infil evelonient since"the are pe'rianent uses for vacant bateels. Jurisdiction As used in:this UDC,jurisdiction is the corporate limits and ETJ of the:City of Cibolo. Kennel Breede The domicile of a person or persons who own or breed five (5) or more.dogs and/or cats but less than- eleven (11) dogs and/or cats over six (6) 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. Kitchen Any room or portion of a room within a building designed and extended to be used for the cooking or, Preparation of food. Landfill A method of disposing 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.. . Landscaping The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally .growing elements such as grass, trees, shrubs and flowers. Land Study A term synonymous with the definition of"Master Plan". Laundromat;firy gleaning Establishments primarily engaged in the provision of laundering, :dry cleaning or dyeing services as personal services. LaundryServiceso Estakilishmants primarily engaged in.the rovision of laundering, d cleaning or'd eing services b. as ersonal services. "Y`' M .. oil nix aundry Services, Laundry Ma _. - facility where atrons wash,d orad , ,clean ersonal loth ,orrotherfiabrlcs.in machines-o erated.b, he atron., . . . Legislative Body The political entity of the adopting jurisdiction;which is the City Council of the City of Cibolo. eater of CI 11"161fica-t1io certification re A ui ed to,,e obtainRe'fr•..omA-_'Cit ,f rior to filing a,DevelOment,7A lit tion' Life Care Services . . Retirement housing for the elderly providing residential housing and care for retired;elderly,and/or disabled people including congregate housing.with common meals and/or community facilities for social events, community recreation, convalescent services, guidance services, personal. services and personal improvement services,or self-contained dwelling units specifically designated for the needs of,the elderly; either rented or owner-occupied. To qualify as life care housing or facilities, a minimum of M�80%R erten of the total units shall have a household head 55 years of age or greater and no long term or permanent skilled nursing care or related services are.provided. Light Man assern and packaging of sudh nrp_di.IGts , i treatment, Limited ManufaGtuFang Establishments pFimaFil! eRgaged the , Of alGehGli beverages. TYPiGaI uses inGlude liquar steres, bottle shops Gr aRy kensed sales fer eff site Genp,imptinn Liquor Store J Liquor Sale Establishments engaged in the sale of alcoholic beverages for the purpose of off-premise consumption. LiveMork Uni residential use type that combines a dwelling and a commercial space under single ownership in structure. The residential portion of the unit shall contain at least four hundred (400) square feet of Bros floor area.The commercial space shall allow activities compatible with residential use with respect to noise, smoke,vibration, smell, electrical interference, and fire hazard, and may include such uses as professiona ervices and offices, and the creation display and sale of art craftwork "ewel fabrication of cloth goods rid similar activities. Livestock . Includes, but is not-limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.. .Loading Space A space within the main building or on the same lot therewith, providin for.the standing, loading or unloading of trucks, and having a minimum dimension of ' elv a(12') by thirty-five_fee 35' and a vertical clearance of at least ourteen 14' feet. Local Convenience Store (with fuel sales commercial activity engaged in the sale of commonlyused goods and merchandise, including petroleu products, for personal or household use in a structure five thousand and one (5,001) square feet or mor in size. Refer to Article 6'of this UDC for additional requirements for fuel sales. Local Convenience Store (without fuel salesj: commercial activity engaged in the sale of commonly used goods and merchandise forersonal o household use in a structure five thousand (5,000)square feet or less in size Local Utility Services Services which are necessary to support principal development and involve only minor 7structures such as lines and poles which are necessary to support principal development. Lot An undivided tract or parcel of land-having frontage on a street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer or improvement, which is designated'as a distinct and separate tract, and which is identified by,a tract, or lot number, or symbol in a duly approved.s.ubdivision plat which has been properly filed of record. Lot Area The area of a lot between lot lines, including any portion of an easement which may exist within such lot lines, exclusive of any area in a public or private way open to public use. Lot, Corner. A lot situated at the intersection of M two (2) or more streets, the street frontage of which lot form an angle.not greater than one hundred and twenty-eight I28° .degrees, and not less than ; flugMg fort -five 45 de rees. Lot/Impervious Coverage That portion of a lot, parcel or tract covered by the primary structure and inclusive of all area enclosed under a permanent roof including attached and detached garages. Lot.coverage includes driveways, sidewalks,. accessory_buildings, unenclosed porches and patios, and similar paved areas. Lot Depth The length of'a line connecting the midpoints of the front and rear lot lines. Lot, Double Frontage A lot with frontage on two streets parallel to each other or within 45 degrees of being parallel. Lot Frontage The length of street frontage between side property lines. Lot, Front Line A line separating the lot from the street or public right-of-way other than an alley of a street does not exist. In the case of a corner lot, the shortest continuous line separating the-lot from the street or public right-of- way shall be the lot front line. In the case of corner lots having equal-lines abutting a street or public right- of-way, that property line which when extended creates the front property line for the greatest number of interior lots in the same block shall be considered as the lot front line of such corner lot. Where.a lot does not abut a public right-of-way or street,'the front line shall be the lot line nearest to a street or right-of-way. Lot, Interior, A lot other than a corner lot. Lot, Irregular Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more.or less than 90 degrees. Lot Lines The lines bounding a lot as defined herein. . Lot of Record A lot which is part of a subdivision, the:map of which has'been recorded in the office of the County Clerk of Guadalupe County; or a parcel of land with a deed recorded by the County Clerk of Guadalupe County. Lot, Rear Line The boundary line which is.most distant and opposite from the street-. Lot,Through An interior lot with frontage on two (2) streets. Lot Width The horizontal distance between side lines, measured at the front building line. Maintenance and Service Facilities A facility supporting maintenance, repair, vehicular or equipment servicing, materials storage and similar activities, including corporation yards, equipment service centers and similar uses having characteristics of commercial services or contracting or industrial activities. ajor Subdivisio .... ny residential subdivision or residentialonion of a subdivision greaterthan five 5 -acres or re vires th evelo merit of a new street Major Utility Facilities Generating plants, electrical switching`facilities and primary substations, refuse collection or disposable facilities,water and wastewater treatment plants and similar facilities:of public agencies orpublic utility firms having potentially significant impact upon surrounding uses. ;Maybe subject to Site Plan review.- Manufactured Home Residential The residential occupancy.of HUD-code manufactured homes on small lots owned by residents and are typically meant for more permanent habitation than the following mobile home use. Manufactured Housing Park Any lot upon which are located one or more manufactured homes, occupied for dwelling purposes regardless of whether a change is made for each accommodation. Manufactured Modular Housing dwelling that is manufactured in two (2) or more modules at a location other than the home site an hick is designed to be used as a residence when the modules are transported to the home site an pined together and installed on a permanent foundation system in accordance with the approptiatE. Building Codes of the City including plumbing, heating/air conditioning and electrical systems to b ontaihed in the structure..The term Modular home shall not mean nor apply to a mobile home as define n the Texas Manufactured Housing Standards Act, nor is it to include buildingmodules ncor gratin oncrete or mason as_a_primary component. Manufacturing, Custom Light Establishments primarily engaged in the 'on-site, indoor production and storage-of goods,'by hand manufacturing which involves only the use of hand tools or mechanical equipment not exceeding two 2 horsepower or a single kiln not exceeding eight 8 kilowatts. ' he direct sale to consumers of those goods produced on-site isrohibited. .Manufacturing, Heavy All other types of manufacturing not included in the definitions of light Van medium manufacturing. 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. 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. Master Plan, Subdivision . The first or introductory,plan of a proposed subdivision, in such case where the developer intends to develop - and record only an individual portion to such subdivision, and which exhibits the proposed development of the balance of the subdivision. The Master Plan is synonymous with Land Study and General Plan. aximurn Development Densit . The maximum number of'dwelling units,per acre that can be placed on a tract. to many case's, the tota: umber of units that can be placed on a site after considering the land area needed to accommodat nfrastructure and environmental factors (right-of-way drainage, flood Tains steep slopes, im erviou over limitations,minimum lot size standards, yard setbacks and maximum lot coverage)will be less tha ased simply on the maximum development density. - aximum Lot/impervious Coverag` he Maximum Lotlimpervious Cover, expressed as a percentage, which represents the maximum percent f impervious surface area allowed on a lot within each particular Zoning District. It is computed as the otal amount of impervious surface on the lot divided by the total lot area. Impervious surfaces on a to include buildings, driveways, garages, 'porches, patios, private walks, accessory buildings, and any othe impervious surfaces constructed on the lot. Building,coverage is measured from the faces of the walls no he eaves of the roof: aximum Lot Are he maximum amount of area allowed within a lot base on its zoning district classification. (Maximum Lot. rea applies only to multi-family zoning districts in order to+ensure against undue concentrations of multi amily developments May The word "may" indicates a permissive'action or requirement. r inimum Lot Arehe minimum_amount_of square footage_allowed within a_lot, based on its zoning district classification. Minimum Lot Widt The Minimum Lot VVidth is the minimum width of a lot measured parallel to and along the front -rope ine: Minor Plat A subdivision resulting in four(4) or fewer lots that will not create.a new street or necessitate the extension 'of any municipal facilities. Properties proposed to be subdivided as a minorplat shall.already be.adequately. served by all required City utilities and services, and all lots will have frontage on a public roadway. Minor Utility facility Fire hydrants lift or pump stations, post office boxes,public or private streets,water/sewer lines and similar facilities of public agencies or public utility firms having potentially minimal impact upon surrounding uses. Mixed Use District aoir:iq distri9t thatallevvs- land uses#em multiple base ZORiAg Glassifki�. ny or all of the followin one districts: MURE district and the Old Town Overlay,Town Center Overlay, and FM 78 Overlayzoning istricts. - , Mobile Food Establishment Means one of two(2)types of mobile food operations: a) A restricted unit that offers only,prepackaged food in individual servings; beverages that-are not potentially hazardous and are dispensed for covered urns; or other protected vessels and packaged frozen foods. Preparation, assembly or cooking of food its notallowed. A foot peddler is a restricted unit that is limited to one portable ice chest, cooler, case.or unit per permit, capable of being carried by one (1) person; or b) An unrestricted unit that may serve food as allowed in (a), and may cook,prepare and assemble a full menu of food items; i. Except as provided in subsection (ii) below, an unrestricted unit must be secured and completely enclosed; and ii. Foods such,as hotdogs, coffee, shaved ice.or food with prior approval from the health authority may be.served from vehicles with-three sides and a cover. 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 ownership and meeting the requirements of all applicable ordinances. Mobile Home Subdivision A mobile home subdivision is any parcel of land changed, re-subdivided or rearranged into FWOJ or.more parts; for the purpose of accommodating the location of mobile homes thereon. 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 feet or more in length, or, when erected on-site is 320 _"= Int indred a. and .�eRt or more square feet, and which'is built on-a permanent chassis -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. Mobile Home Residential The residential occupancy of a mobile home by-an individual or families on a. weekly basis, or longer, typically in a mobile home park or mobile home subdivision. Mortuary,:Funeral Home An establishment,in which the dead are prepared for burial or cremation and may a contain a chapel or other:suitable room to conduct funeral services, memorial services and the display of funeral equipment. St MOMS oF designed to be used-, or whieh are tused, Fe - Multiple=Family Residential The use of a lot for two (2) or more dwelling units, in one or more buildings. Municipal.Infrastructure Water, wastewater, drainage, road, pedestrian and bicycle, utility, and communication easements, rights- of-way and facilities. , thiFt five feet) and6 _ _ tidal PIP@MRGe Of at least 14' (fbuFtF fp Must The word "must" indicates a mandatory action or requirement. Non-gonforming A lot, use, building, or structure, which was legal when commenced or built, but which does.not conform to this UDC. Nursery School private agency, school; or institution engaged in educational work with preschool children and in whit no child is enrolled mr a regular basis for four(4) or more hours per day. Enrollment for four (4) or mor hours per day shall classify the facili as a"Da Care Facili " or"Kinder arten.'` Refer to Article 6 of th UDC for additional requirements] Occupancy The use or intended use of the land or buildings by proprietors or tenants. Off:Mtreet Parking Space occupied by automobiles on premises other than streets. Off-Site Facilities or Improvements Existing or proposed facilities or improvements that are required to serve a site or subdivision that are not located within the boundaries of the site or plat. On-Site Facilities or Improvements. Existing or proposed facilities or improvements constructed within the property boundaries of the plat. Facilities and improvements include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities, sidewalks, screening devices, and curbs and gutters. Open Space Private property designated for recreational area, private park (for use of property owners within the subdivision), play lot area, plaza area, building setbacks, other than those required by City Ordinance, and ornamental areas open to the general view within the subdivision. "Open space" does not include streets, alleys, utility easements, public parks or required setbacks. Outdoor Entertainment Predominantly spectator uses conducted in open facilities. Typical uses include sports arenas, racing facilities and amusement parks. Dut .. .. s .. - - asi-ii-tie�' Tvnirol i icoc in�+ .,..:_ _... tba4-6@+ftS a utdoor Sports and Recreation (Intensive lntenSlVe recreation uses,that are conducted in the outdoors that.generate considerable noise, vibration; heat, odor and other environmental impacts. Typical uses include racetracks speedways, dra strips, au firing:ranges, concert venues and the like. utdoor Sports and Recreation (light Uses.conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts- racquetball courts,,skate arks smal cafe entertainment venues and"marinas. Outdoor Storage The storage of any material, personal or business for a period greater than 72 consecutive hours, including items for sale, lease, processing and repair not in an enclosed building. This definition does not include automobile sales, leasing or rental. Overlay District A district established to prescribe special regulations to be applied to a site in combination with the underlying or base-zoning district. Owner(also known as"Applicant" or"Subdivider" or"Developer") Any person or legal entity that has enough proprietary interest in the land proposed to be subdivided or developed. Paint Shop (Non-Retail) Establishments primarily engaged in the painting of cars, motorcycles, RV's and other materials. Park(or Parkland) Land dedicated to, or otherwise owned by the City for the purpose of providing public or private recreational and/or open areas and may include improvements dedicated to the public. Park and Recreation Services. Publicly-owned and operated parks, playgrounds, recreation facilities and open spaces. Park=and-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..: Parking Aisle The clear space for traffic movement and maneuvering between rows of parking.stalls. Parking Lot, An open area, other than a street, used for the parking of automobiles. 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. Patio-Home A detached, single-family unit typically situated on a reduced=sized lot that orients outdoor activity within the rear or patio.areas for better use of the site for outdoor living space. Paved Area An area surfaced with asphalt, concrete or similar all-weather surfaces, not.including gravel. Pawn Shop An establishment where money is loaned on the security of personal property pledged in the keeping:of the owners' goods. PavementWidth. The portion of street available for traffic; measured curb face to curb.face or from the edges of pavement. Pedestrian:Way The area which provides pedestrian access. Performance Standard Regulations:that permit uses based on a set standard of operations rather than on a particular:type of use. Performance standards provide criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts.and visual impact of.land uses. Perimeter.Street Any existing or planned street which is adjacent to the subdivision or addition to be platted. Permitted Use . A use which.is permitted by right in a districtwithout the need for special administrative review and approval upon satisfaction of the standards and:requirements of this Ordinance. Person A. natural_.person, heirs, executors, administrators- or assigns, and includes a firm, partnership or. corporation, 9M Iit 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. Personal Improvement Services 'Establishments primarily engaged in the provision of.informational, instructional, personal improvement and similar services.of a nonprofessional nature. Typical uses include;photography studios, driving-schools, health or fitness studios, reducing salons, dance studios, handicraftand hobby instruction. Personal Services Establishments VPrimarily engaged in the provision of frequently or recurrently needed _Plades� es services of a,personal nature.Typical uses include beauty and barber shops,seamstress,tailor,shoe repair. shops and self-service laundry or self-service apparel cleaning services. Pet Services Retail sales,and grooming of dogs, cats,. birds, fish,1 and similar small,animals customarily used as household pets. Typical uses include pet stores, dog bathing and clipping salons or.pet grooming shops: 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. hit 0 of rvT aonfi�I's1 nidllii n inn a o"N_:'nrimn�i}ihlb nn...... �l"onr!•nrl i�}'ri�l"hnrl. .ico�' nrirl"-iiia n'cav-.�ci�'Tv Plat A map, drawing, chart or..plan showing the .exact layout and proposed construction of a proposed subdivision into lots, blocks, streets, and may include parks, school sites, drainage ways, easements, alleys, and/or any other elements as required by this UDC and which an applicant shall submit for approval in accordance with this UDC Plat, Final A plat submitted to provide for subdivision .or combination of properties for development in conformance. with all requirements of this UDC. The final plat and the review thereof are intended to produce a subdivision design in which all planning factors are recognized and reconciled-prior to fnal.plat submittal. Plat, Preliminary A plat submitted to provide for subdivision or combination of properties for development in conformance with all requirements of this UDC. The preliminary plat and the review thereof are intended to produce a subdivision design in which all planning factors are recognized and reconciled prior to,final plat submittal. - Plat Revision, Replat, Resubdivision A plat that modifies an existing subdivision in lieu of a new pattern of development, the subdivision:of an existing or duly recorded lot or lots, the combining of two or more"lots to create one lot, or the subdividing of an existing platted but undeveloped subdivision into a new pattern of lots and blocks;or the abandonment or dedication of public rights=of-way and/or easements. Plot Plan; Site Plan A lot plan drawn to scale showing the measurements, 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. Portable Building Sales isp of a self contained transportakile structure that does not"re uire attachment to a foundation "ort Balt :+m order to"be functional ex."tool or story e shed . Postal Facilities Postal services, including post offices, bulk mail processing or sorting centers; operated by the United States.Postal Service or private enterprise. Preliminary Approval Approval expressed by the City of Cibolo as to the arrangement and,approximate size of streets, alleys, parks, reserves, easements, blocks and lots indicated on a preliminary plat. PrimaryEducational Sacilities A public, private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the.State of Texas. .Principal Use The main use to which a premise is devoted and the primary purpose forwhich a premise exists. Principal Structure A structure in which is conducted the principal use of the lot on which it is located. 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. Private Street A privately.owned vehicular access way; including an alley, that is shared by and that serves two or more lots, which is not dedicated to the public and which is riot publicly maintained. . 'Professional Office . A use providing professional or consulting services in the fields of law; architecture, design, engineering, accounting and-similar professions. Prohibited_ Use A use not specifically enumerated as a permitted use, conditional use or nonconforming use. Prohibited uses include, butare not limited to, the enumerated "prohibited uses"within each district of this UDC. Project An endeavor over which the City exerts its jurisdiction and for which one or more permits may be required to initiate, continue, or complete a development. Public Assembly Publicly owned or operated facilities for major public assembly, recreation,; sports, amusement or entertainment, including civic or community auditoriums, sports stadiums, convention facilities, fairgrounds and exhibition facilities. Pub;,,l�ic lml,m,� rovements (also referred to as"Subdivision Improvements") �-e' f# acilities, infrastructure and other appurtenances, typically owned and maintained by the City (but not necessarily located upon City-owned property or right-of-way, as public improvements can be located on private property), which serve a public purpose in providing a.needed service or commodity,. such as wastewater collection and water storage and distribution, .and which are for the purpose or protection of the general health, safety, welfare.and convenience of:the City's citizens, including efficiency in.traffic circulation and access for emergency services: Required public improvements may.include, but, shall not be limited to,street and alley paving, including any necessary median openings and left;turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and storm water.management devices; water quality and erosion controls; screening and retaining walls; fire lane paving and fire hydrants; 'landscaping, where such is used for required screening.or other required landscaped area, and associated irrigation system; and any required public sidewalks;street lights and street name signs. The term "public improvements":shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but.shall be deemed to.include facilities and,infrastructure that the City would normally'require of a development but which will be owned and maintained by an entity such as a homeowners association. 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. Public Use Any use controlled by the City, County, State, Federal or any other governmental entity. Public Utility Station A structure or facilityused by a public or quasi-public utility agency to store„-distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include,storage or treatment of-sewage,solid waste or hazardous waste. Public Way;Public Right-of-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. Railroad Facilities Railroad yards, equipment servicing facilities, and terminal facilities. Railroad facilities ma, be sub'ect t ite Plan review 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 ne 1 side property line to the other side property line, subtracting all easement area. 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. 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. 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. Recreational Vehicle(RV) A vehicular type portable structure without permanent foundation, primarily designed as temporary living quarters for recreational, camping, or travel use,.with or without motor power,this includes, but is notlimited to, travel trailers, truck cam ers; :camRing,:trailers an self-propelled motor homes. he use of recreational vehicle as a ermanent residence is rohibited exce t in a dul, created Recreational vehicl Park. 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. 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. 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. Registered Design Professional An architect, engineer or land surveyor registered.or licensed to practice professional architecture, engineering or surveying as defined by statutory requirements of registration laws of the State of Texas. Regulatory Agency The governing body of, or a bureau, department, division, board, commission or other agency.acting in its capacity of processing, approving, or issuing a permit. 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. :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. Renovation Interior-or exterior remodeling of a structure, other than ordinary repair: Replatting or-Replat . .The re-subdivision of any part or all of a previously platted subdivision, addition, lot or.tract. Research nd ©euelo men Services Establishments primarily engaged in research of an.industrial.or scientific nature but exclude product testing. Typical uses include electronics research laboratories, research and development firms, or pharmaceutical research labs. Reserve Strip A privately owned strip of land adjacent to.public right-of-way to prevent.access from a street onto said private property. Residence A building or structure, or portion thereof,_.designed and used as a place.of abode for human beings, but not including hotels or motel,units, or places of abode having no kitchen within each unit. Residential Use Any use consisting principally of dwelling units. Restaurant, Convenience: use engaged in the preparation and retail sale of food and beverages (excludi g alcoholic beverages) or on premise consum tion onl, T ,ical uses include soda fountains ice cream arlors sandwich sho nd coffee sho_s. Restaurant, Fast Food A use engaged in the retail sale of Mprepared or rapidly prepared food and beverages directly to customers (excluding alcoholic beverages), for on-and off-premise consumption, commonly referred to as having "take-out" service. Typical uses have drive-thru window service and have. extended."hours of operation. Restaurant, Neighborhood A_iise engaged in the preparation and retail sale of food and beverages,-including the sale of alcoholic. beverages when conducted as an accessory or secondary feature producing less than " - ®% percent of the gross income. For a neighborhood restaurant including outdoor entertainment, see Article 6 of this UDC for additional requirements.. Right-of-Way A parcel of land occupied, or intended to be occupied, by a public road, street or,alley or some other public purpose, such as drainage. Where appropriate, right-of-way may include other:facilities and utilities such as sidewalks; electrical;communication, oil and natural gas lines and facilities;and water and sanitary and storm sewer:facilities.The use of right-of-way shall also include parkways and medians outside of the paved portion.of the street. The usage of the-term right-of-way for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way. Roof A structural covering over any portion.of a building or structure, including the projections beyond the walls orsupports of the building or structure. owhows' ee�definition for Townho;usex,fihis Section; k m Safety Services Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services. - a. luage 1(ar ee definitionforU1(reckinq Yardw�thinfihisFUDC Article: 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). cra Salva a and Wreckin Service Places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms.Typical uses include automotive_ wrecking yards,junk yards or paper salvage yards. Self Service Storage Facility A facility including buildings or structures containing space of var yinig sizes leased/rented on an individual basis and.used exclusively for.the storage of excess property a d outdoor storage of vehicles an boats. Septic Tank Refers to a watertight receptacle that.receives the discharge of sewage from -a building, sewer or.part thereof, and is designed and constructed so as to permit-settling of solids from this liquid,:digestion-of the organic matter, and discharge of the treated.liquid portion into a disposal area. Service Station An establishment where the sale of petroleum products is the principal use but may also.offer incidental indoor automobile service-and repair.All services provided and all storage supplies, parts, equipment shall be kept indoors. Sewerage Disposal System, Individual Private Any system designed to provide on-site treatment and disposal of sewage flows from individual residences, .duplexes, b-usinesses, or any other buildings. The system may anaerobic, e.g.; a septic transpiration bed, or:other. Said system must not require a permit from the State of Texas. - Sewerage System, Public A.system designed for the wastewater,collection,treatment and-disposal that is wholly.owned and operated: by the City or any,other legally incorporated town or City or public system approved by the State of Texas, such as Cibolo Creek Municipal Authority and Green Valley Special,Utility District. SexuallOriented Businesses Xy def • lActs, services and businesses described in Cibolo Ordinance Number 744. Shall .The word "shall" is always mandatoryi Shopping Center A,group of commercial'establishments planned and constructed as a total entity that will typically have multiple regional scale retail establishments and/or multiple neighborhood scale retail buildings. Should The word "should" is used to express obligation to a developer/development or expectations of the City. Sidewalk A pedestrian way generally located in.the public or private.street right-of-way, but outside.of the roadway. 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. For additional Sign definitions and regulations refer to Sign Ordinance 1188, as amended. Single-Family Residential The use of a site for one (1) dwelling unit. Site Plan Refers to a plan, or plans, drawn to scale,.showing uses and-structures proposed for a parcel of land as required by the regulations Small Engine Repair :Refers to the maintenance and repair of small engines (low-power internal combustion engines or electric engines): Equipment repair includes chain saws,-lawn mowers go-karts and the like. Solid Fence A fence, including0trance and exit gates, constructed of materials that creates an opaque view of property from adjoining properties, streets, alleys or public rights of way. :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. 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. 'Standard Street Any street or road that meets or exceeds the minimum construction and design specifications in the_City and which is constructed to the ultimate configuration for'the type of roadway.designated by the Future Thoroughfare Plan. Steep Slope Areas with slopes over thirty (15%) percent grade and that have increased runoff, erosion and sediment hazards levels. 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 ix 6' feet above grade as defined herein for more than %)percent of the total perimeter.or is more than ' , elve(1Z)fee above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story. Story, Half A partial story under a gable; hip,or gambrel roof,:the wall plates of which on at least 04WO two-(2J opposite exterior walls are not more that our 4 fee above the floor of such story, except that any partial story used for residence purposes, it shall be deemed a full story. Street,Alle ,n alley (residential or commercial) is a private street designed to provide access to the rear or side of lot including solid waste and fire access. Alleys are required for all residentiallots fronting on a residentia street prohibiting on-street parking, commercial mixed-use collector roads and in non-residential zonin districts where necessary to provide for adequate access for service vehicles, off-street loading o unloadin access for emer enc vehicles fire access or similar reasons consistent with the intent of th U=DC. II alleys shall have at least two 2 direct access points to a ublic street and are subject to the blocklen t criteria included in the DCM Street,Arterial gh degree of safe and qUiGk gre-ssiop Arterial streets are streets that serve major routes into and through the City of Cibolo. Arterial streets ar hown on the City Master Thoroughfare Plan or as designated by the City Engineer. These street t- es aro o have limited access as defined in the access mann ement section of the manual, Street, Collector or.Sub-Collector -ems collector street is a street that collects associated traffic from residential and rural streets, commercia streets, or industrial streets as designated on the City Master Thoroughfare Plan or as designated- by th City Engineer. Collector streets can have residential commercial industrial or mixed uses treat, Flag Driv flag drive is a private road within a private access easement,which may serve up to 3 residential dwellin nits. Flag drives shall have direct access to a public street other than an.alley, however shall not rovid irect access to an arterial street. Street, Freewa ,F.reeways are streets that intend to move traffic through and around the City. Two examples are IH 35 an hese street t es are to have limited access as defined in the access mana ementsection ofth_ Street;Local or.-Residential A street used primarily fo race to�hntf ilg roti a residential street is a public street associated with residential development within an urban environment The residential street may require parking or prohibit parking dependent on use. Alleys will be required fo esidential streets prohibiting on street parking.Alleys arepermitted for residential streets requirionstreen arkin . Street, Marginal Access Atree 'that is parallel and adjacent to an arterial street and which primarily provides vehicular access to abutting properties and protection from through traffic. Street, Public A public thoroughfare recorded with the County Recorderwhich affords.primary means of access to abutting property Street, Private A right-of-way or easement in private ownership that is not dedicated or maintained as a public street,which affords.the principal means of access to abutting property. treat, Rura �A rural street is a street which serves no more than 20 single family residential lots. Street Improvements Any street.or thoroughfare, together with all appurtenances .required by City design and construction requirements to be provided with such street or thoroughfare, and including but not limited to curbs and gutters, sidewalks, drainage facilities to be situated in the right-of-way for such street or thoroughfare,traffic control devices,street lights, traffic control signs, and street signs, for which facilities the City will,ultimately assume the responsibility for maintenance and operation. Street Side Yard: The portion of a yard which abuts the street right of way(s). Structural.Alteration Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders; provided, however, that modifications that are of a cosmetic nature shall not be considered a structural alteration. Structure- Refers to any improvement built or constructed as an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner. Subdivider Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined in this section. In any event, the term"subdivider"shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. Subdivision The division, combination or,reldivision of any tract of-land situated within the City's corporate limits or its .extraterritorial jurisdiction, lots or sites, for.the purpose, whether immediate or future, of sale; division of ownership, or building development. Subdivision includes relsubdivisions of land or lots which are part of a previously recorded subdivision, or the combination of more than one lot into a lesser number of lots. Substandard Street An existing street or road that does not meet the minimum specifications in the City's standard street design and construction specifications, or which is not constructed to the ultimate configuration for the type of roadway designated for that street on the Comprehensive Master Plan and/or Future Thoroughfare Plan. Surveyor A licensed state land surveyor or a registered professional land surveyor as authorized by State of Texas statutes to practice the profession of surveying. Temporary Building An enclosed building, the use of which is incidental to work on the premises and is removed upon the completion or abandonment of the work. 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. Temporary Improvements Improvements built and maintained by the property owner that are needed to remedy a circumstance that is temporary in-nature, such as a temporary drainage easement or erosion control device, that will be removed upon completion of the subdivision or development or shortly thereafter. Temporary Real Estate Sales Office A structure or building used as a sales office for the sale of homes in a new subdivision. Temporary Use . Land uses and/or structures that are needed or are in place for only short periods of time. Theater A building used primarily for the presentation of live stage productions, performances or motion pictures. Thoroughfare Plan Refers to the Future Thoroughfare Plan, which is an element of the City of Cibolo Comprehensive Master Plan. Tower Any structure that is designed and constructed primarily for the purpose of supporting one 1 or more antennas,including self-supporting lattice towers,guy towers, or monopole towers.The term includes radio and television transmission towers, microwave towers, cellular telephone towers; and the like. ownhouse he use of a site for two (2)or more townhouse dwelling units constructed with common or adjacent wall nd``each,located'on a sepa,ate';ground arcel within the total develo "meet site to her with or witfiou ommon area servin all dw- elli n-.q units. raffic Impact Analysis,(TIA �An in depth analysis of existinq and proposed traffic. Transportation Terminal A facility for loading, unloading, and/or interchange of. assengers, baggage 'and incidental frei ht or package ex ress between modes of transportation. Term,includes uses subh as bus terminals railroa tations, airport terrninais_and public transit facilities:. Transitional Homes, Rehabilitation:Centers and Halfway Houses A facility in which persons live for a short period of time while receiving physical, social, or psychological.: therapy and counseling, as is more particularly defined and regulated in Article 6 of this UDC. Use Any purposefor which a lot, building, structure or a tract of land.may be designated, arranged, maintained or occupied; or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract,of land. Use;�hange of :The change within the classified use of a structure or premise. Utility A term inclusive of all water, sanitary sewer, electrical telephone, natural gas, CAN, storm sewer, and all other services, as determined by the City.of Cibolo, inclusive of Cibolo Creek Municipal Authority, Green Valley Special Utility District,and all other public/private utility providers. Vacation An action intended to.cancel, rescind or render an act that has the effect of voiding a subdivision plat as recorded in the county recorder's office. Variance A deviation from the requirements established by this UDC. Vehicle Storage Long term storage of operating or non operating vehicles Typicafuses include sto"ra"e_'of riv_ate arkin' ow-awa'=off irn�"ourid artls but exclude dismanOn or Salva` e - Veterinary Services eter`ary service for all animal`s Typical uses include animal clinics and hos 4tals. Veterina` service alf not include the board`"'b arge or small animals: Warehousing and Distribution Establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of mater ials,and equipment other than live animals and plants. The following are wholesale;storage and use types: A. Convenience storage. Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding use as workshops, hobby shops, manufacturing, or commercial activity. Typical uses include mini warehousing. B. General warehousing and distribution. Open-air storage, .distribution. and handling of materials and equipment. Typical uses include monument or stone yards, or open storage yards. C. Limited warehousing and distribution. Wholesaling, storage and warehousing services within enclosed structures. Typical moving and storage firms, retail mail and'internet order distribution centers. Wastewater Service The collection of waste-bearing water requiring treatment prior to its return to.nature an the system of equipment used to collect=transmit water to treatment facilities; also called sanitary sewer service. Will Used to express a frequent or customary future action or result. finery/Production. Breve n establishment that produces wine and/or beer on sifie. Such busi_ffinesses hold proper permitting and ar regulated b, the Texas Alcoholic Bevera e Commission.. This use ma, be ermined inA riculfiural AG onin . Wrecking 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. Xeriscape A landscaping method developed for arid and semi-arid climates that use water conservation techniques, .such as drought-resistant and native plants; mulch, native stone and gravel, and efficient irrigation. Yard. Required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture are not deemed to be obstructions if height limitations and requirements limiting obstruction of visibility are observed. Yard, Front A yard extending across the front of a lot 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. 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. Yard, Side. An open, unoccupied space on the same lot, between the building and a side lot.line. Zero Lot Line Lot A lot where no setback is required on one or more sides of a lot. Zoning District Any section of the City forwhich the regulations uniformly govern the use, placement, density, bulk, height and coverage of land and buildings. ection 1.13.Unified Development Code Acronym Definition cre(s . %gricultura SHT merican Association of State Hiah-way and Trans ortation Official F Base Flood Elevatio BM Best Management.Practice O ibolo Board of Adjustment BS Building Setback Lin A amputer Aided Draftin CM ibolo Creek Municipal Authori" C ertificate of Convenience and Nece_ssi 1 apital Improvements Program M omprehensive Master Pla ritical RootZon U onditibnal Use Permi B Diameter-at-breast-heigh C Qibolo Design and Construction Manua EDepartment of Environmental Re ulatio U Dwelling Units per Acr Environmental Protection Agenc ESM Enhanced Specialized Mobile Radii_ T xtraterritotial Jurisdictio FA Federal Aviation Administratio C Federal'Communications Commissio EM Federal Emergency Mana ement.A enc 1Flood Insurance Stud IR food Insurance Rate Ma LU Future Land Use Ma T Future Thoroughfare Pla F Gross floor Are Geographic Information System VE , uadalupe Valley Electric Cooperativ VSU reen Valley Special Utili: Distric O omeowners Association O High Occupanc Vehicl orsepowe U Jnited States Department of Housi-ng and.Urban Develo rrien -0 etter ofi Certifcatio WE arge Wind.Energy Conversion S ste ' ulti-Famil UR ixed Use Regional Employment Cente- F et Floor Are FI ational Flood Insurance Progra HW Drdinary High-Water Mar e Id Town Mixd Use Overla PC (Personal Communication Service Public Facili U Public Utilities Commisio P Photovoltai P and Planning and Zoning Commisio RC Revised Code of Washincto O Right of Wa RP Root Protection Zon Recreational Vehict Single Family; Square Foota M Specialized Mobile Radii WE Small Wind Energy Conversion Syste AB Texas Alcoholic Beverage Commissio TT Town Center Mixed Use Overla CE Texas Commission on Environmental Qualit 1 :Traffic Impact Analysi LG Texas Local Government�oat XDO exas Department of Tra UD Unified Development Cod USP United States Postal Servic C ireless Communication lacili E and Energy Conversion Syste SE ater Surface Elevation Gri ARTICLE 2. ADMINISTRATIVE AUTHORITY Section 2.1 Authority Granted .The City,Manager or designee shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation,of the use and development of:land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations. prescribed therein. Section 2.2 Administrative Structure The City;Manager is designated as the chief administrative official of the'City. The-City Manager, at their discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. Section 2.3 Duties and Approval Authority A. ;The City Manager or designee shall have the authority'to review and make a recommendation to'the City Council and the appropriate Advisory body designated by City Council to review the following applications: 1. Amendment to the text or maps in the Comprehensive Master Plan; . 2. Amendment to the text of this UDC; 3. Annexation; 4. Establishment/ameridment of-a zoning district map classification; 5. Conce tual plan as part of a Mixed Us District flZINNIQURE or ©verla, . �istrict�; 6. Specific Use Permit; 7. Development Agreement within the City's corporate boundaries and in the City's ETJ; 8: Request to extend City utilities to land located in the City's-ETJ 9. Appeal of the decision of any Board, Commission, Committee or staff authorized by this UDC; . 10..An-application for a Subdivision;Land Study or Land Study/Master Plan; 11_. Preliminary plat; . 12. Final plat; 13. Amending plat; 14. Minor plat; . 15. Replat; . 16. Site Plan; 17. Protected/Heritage Tree Deferral;. 18. Variance, appeal or other application to be considered by the Board of Adjustment; and 1.9.-Any other responsibility designated by this UDC, the Cibolo City Councilor State of Texas. B. The City Manager or designee may have final approval authority on the following applications: 1. An application for Minor plat, as authorized by this UDC- 2' DC;2: An application for:an Amending Plat, as authorized by this.UDC; 3. An application for a Site @Ian; and 4. Other applications as authorized by this UDC. C. A record of any action taken with respect to final approval .of a development application shall be provided to the appropriate.Board, Commission, Committee.or City Council for review. i Section 2.4 Administrative Rules A. Authority The City Planner or designee-is authorized to create and interpret Administrative Rules and provide written _opinions of.the same. The City Planner or®designee shall create appropriate rules,which contain policies,: criteria and standards and -shall be responsible for making determinations, on the application -and interpretation of same,Administrative rules apply 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. B. Adoption Administrative Rules are hereby established and adopted as an enforceable administrative element of this Article. 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. Processes; and, 8. Other information necessary to enforce or interpret the provisions of the UDC to 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 City Planner offices. 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 or at the Community Development Department, indicating that the document is available for review. Such notice shall also be placed on the City's web site. 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 to the Administration Rules shall:be°automatically enjoined, have the full authority of this ordinance and become effective via these administrative rulemaking procedures. 5. The City Manager or designee,will notify City Council, or the appropriate advisory body designated by City Council of any administrative rule amendments. E. Appeal of Determination An applicant may appeal the determination of the City Planner or designee to the City Manager, showing cause for their appeal in writing within©(10) business days of the City Planner's determination,.the City Manager will make a determination regarding the appeal within.gi (30) days. The decision of the City -Manager may be appealed to the City Council in writing within-Eel(10)business 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 hirt, (30) days. The decision of the City Council is final. F. Planning and Engineering Department Fee Schedule The Planning and Engineering Department Fee Schedule, as may be amended from time to time, is incorporated by reference into this UDC.