Cibolo |
Code of Ordinances |
Appendix 2013. CIBOLO UNIFIED DEVELOPMENT CODE |
Appendix A. UNIFIED DEVELOPMENT CODE |
Article 6. ACCESSORY, TEMPORARY and SUPPLEMENTAL USE REQUIREMENTS |
§ 6.3. Supplemental Use Requirements
6.3.1
Purpose and Applicability
The City recognizes that there are certain land uses that may be regulated by the State of Texas or which may have characteristics which require certain controls in order to insure compatibility with other uses in the zoning districts in which these certain uses may be permitted. As such, the following Supplemental Use Requirements shall govern the operation of each of the following uses.
A.
Day Care Services (Residentially Based)
The following requirements apply to all registered family homes, group day care homes, residential nursery schools, group day care, group life care and family day care centers:
1.
License and Registration. All group day care homes, nursery schools, and day care centers shall have a current license issued by the Texas Department of Family and Protective Services. Registered family homes shall maintain a current registration with the Texas Department of Family and Protective Services.
2.
Standards in Residential Districts. Day care facilities shall comply with the following requirement when located within residential zoning districts:
a)
Outdoor play space shall not be permitted within the front yard area.
b)
Residential signage per current Sign Ordinance 1188, as amended;
3.
Outdoor Play Areas. The outdoor play space for day care centers, group day care homes, and nurseries which abut or are located within a residential zoning district shall be enclosed by a six-foot solid (opaque) fence. If the adjacent property is zoned residential but is in use as a private/public school, church or park a fence shall be required. At the option of the applicant it may be predominantly open or a solid fence.
4.
Required Residency. The provision of day care in a single-family residence shall require that the owner of the property occupies the home as their primary residence.
B.
Day Care Services, Family
Family Day Care services shall be limited to no more than four children under 14 years of age, excluding children related to the caretaker, and provides care after school hours for not more than six additional elementary school children, but the total number of children, including those related to the caretaker, shall not exceed 12 at any given time.
C.
Day Care Services, Group
Group Day Care homes provide regular care for between five (5) and twelve (12) adults or children for less than 24 hours a day. This shall include nurseries, preschools and adult care facilities.
D.
Day Care Services, Commercial
Day care center provide regular care to an unlimited number of adults or children for less than 24 hours a day and are subject to the following requirements:
1.
Approval of Site Plan : Prior to the commencement of operation of any child care center, the owner and/or operator of the proposed center shall submit for review a site plan which indicates the design, location, and operation of the proposed child care center will be in compliance with this section.
2.
General Development Requirements : All child care centers must be developed as follows:
a.
All passenger loading and unloading areas and outdoor play space shall be located so as to avoid conflict with vehicular traffic.
b.
Access from public streets and/or sidewalks to the facility must comply with the Texas Accessibility Standards adopted by the Texas Department of Licensing and Regulations.
c.
Except for child care centers which provide care for not more than four hours per day, outdoor play space must be provided at a rate of eighty (80) square feet per child, or the minimum established by federal or state law or regulation based on the maximum design capacity of the child care center.
d.
If the child care center is located in a residential zoning district, no more than one-half of the required play space may be provided off-site in a public or private park, but only if a the park is located no more than 100 feet of the child care center; and access to the park from the center does not require crossing at-grade any street classified as a thoroughfare, regardless of whether or not access can be obtained across a controlled intersection with crosswalk lights and street markings.
e.
No child care center may be located in whole or in part in a one-family or two-family dwelling except to the extent that the center qualifies as a home occupation pursuant to Article 6 of this UDC.
f.
No portion of a child care center site may be within 300 feet of gasoline pumps, above ground or underground gasoline storage tanks, or any other storage area for explosive materials.
g.
No child care center located in a residential zoning district may be located any closer than 1,500 lineal feet from a community home defined in Chapter 123 of the Texas Human Resources Code, as amended, adult group home, personal care facility, assisted living center, or another child care center.
h.
Any child care center authorized to be located in a residential zoning district must be designed and constructed in such a manner as to look like a residence of similar character and design to residential structures located on the adjacent properties and shall include pitched roofs and windows which constitute not less than 40% of the front facade.
E.
Group Care Facility
Group Care Facilities are required to be licensed by the state and are limited supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes, or those suffering the effects of drugs or alcohol. This category does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons.
F.
Group Residential
Group Residential facilities provide living accommodations to 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.
G.
Life Care Services
Life Care Service and/or retirement housing for retired, elderly, and/or disabled persons, 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 80% 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.
H.
Adult/Community Group Homes
Property used as an adult/community group home, as defined below, shall be subject to the following regulations:
1.
"Adult/Community Group Home" Defined: An Adult/Community Group Home is 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. Adult Group Home includes any facility which requires a license issued by the Texas Department of Health or its successor agency as a Personal Care Facility, but does not include a facility which requires a license as a Special Care Facility.
2.
Approval of Site Plan : Prior to the commencement of operation of any Adult Group Home, the owner and/or operator of the proposed center shall submit for review a site plan which indicates the design, location, and operation of the proposed Adult Group Home will be in compliance with this Section (e.) and all other applicable provisions of this Chapter. Said site plan shall be approved as follows:
a.
if use of the property as an Adult Group Home does not require the approval of a conditional use permit or an ordinance changing the zoning regulations of the property, the site plan must be approved by the Commission prior to commencement of operation of the center; or
b.
if use of the property as an Adult Group Home requires the approval of a conditional use permit or an ordinance changing the zoning regulations of the property, the site plan shall be approved by the City Council in accordance with the applicable procedures related to the adoption of a conditional use permit of ordinance changing the zoning of the property.
3.
General Development Requirements : All Adult Group Homes must be developed as follows:
a.
All passenger loading and unloading areas and outdoor recreation areas shall be located so as to avoid conflict with vehicular traffic.
b.
Access from public streets and/or sidewalks to the facility must comply with the Texas Accessibility Standards adopted by the Texas Department of Licensing and Regulations.
c.
Ingress and egress from the Adult/Community Group Home must be from a street with a pavement width of 30 feet or greater which is not classified as a dead-end street.
d.
No Adult/Community Group Home located in a residential zoning district may be located any closer than 1,500 lineal feet from a community home defined in Chapter 123 of the Texas Human Resources Code, as amended, personal care facility, assisted living center, or a child care center.
e.
Any Adult/Community Group Home authorized to be located in a residential zoning district must be designed and constructed in such a manner as to look like a residence of similar character and design to residential structures located on the adjacent properties and shall include pitched roofs and windows which constitute not less than 40% of the front facade.
4.
Application to Adult/Community Homes : The provisions of this Adult Group Home section shall be applicable to the use and development of property as a community home, as defined in Chapter 123 of the Texas Human Resources Code, to the extent that the development of said community home is not exempt from municipal zoning regulations. In the event applicable provisions of state and federal law or regulation establish more restrictive regulations of community homes than this Chapter, including, but not limited to, spacing and occupancy regulations, the more restrictive state or federal law or regulation shall apply.
I.
Transitional Homes, Rehabilitation Centers and Halfway Houses
Transitional homes shall not be located within one thousand (1,000) feet of any public/private school or public/private children's day care facility and/or a public park.
1.
Method of Measurement and Survey Requirements.
a.
Measurements shall be in a straight line, without regard to intervening structures or objects, from the nearest point of the platted property line of the lot on which the transitional home is situated to the nearest point on the property line of a public/private school, public/private children's day care facility and/or a public park.
b.
A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this subsection shall be submitted to the City for all transitional homes as part of the application for the certificate of occupancy. Any certificate of occupancy issued for a building or facility used to conduct a transitional home without submission of the required survey shall be null and void.
2.
Building Standards.
a.
Separate beds must be available twenty-four (24) hours a day for each resident housed within the facility.
b.
Bedrooms shall have a minimum of twenty-five (25) contiguous square feet of unencumbered space per occupant. This square footage may not be obstructed by beds, other furniture, or fixed building structures.
c.
Bathroom facilities consisting of a tub and/or shower and one (1) toilet, and one (1) lavatory shall be provided for each ten (10) residents housed.
d.
Areas for leisure activities shall be provided at the rate of twenty (20) square feet for each resident.
e.
If food is prepared on-site a full kitchen must be maintained and will be subject to compliance with applicable codes and be subject to periodic health inspections.
3.
Lot Standards. A yard area of fifty (50) square feet per resident housed shall be provided for the occupants.
4.
Staffing. The transitional home shall have an overall client to program staff ratio of not less than eight (8) to one (1) and not less than one (1) attendant to thirty (30) residents on any given shift.
5.
Parking.
a.
All required parking shall be provided off-street.
b.
One (1) space per attendant and one (1) space per fifteen (15) residents shall be provided.
6.
Outdoor Activities. Outdoor leisure activities shall be limited to the hours of 6:00 a.m. until 9:30 p.m. seven (7) days a week.
7.
Nuisance. The transitional home may be considered a public nuisance if any of the following occurs:
a.
More than two (2) police disturbance calls are recorded within a thirty-day (30) day period involving residents housed at any single transitional facility.
b.
A code violation that is not brought into compliance within thirty (30) days of receiving notice; or
c.
More than five (5) nuisance complaints from adjoining property owners are received and validated by the police department within a six-month period.
If the Code Enforcement Officer determines that any of the three (3) above provisions occur, he shall request that the city attorney take court action to abate the nuisance where appropriate under law.
8.
Permissible Tenants.
a.
No tenant or resident may occupy a transitional home in any capacity if previously convicted of a sex oriented crime, child molestation, and/or murder in any degree.
b.
No tenant or resident may occupy a transitional home without first being screened for tuberculosis. The operator of the transitional home must demonstrate that any tenant or resident testing positive for tuberculosis is of no danger to other tenants or residents relative to possible transference or infection of said residents.
9.
Plan of Operation Required.
a.
A Plan of Operation describing how services will be conducted and provided shall be submitted for purposes to demonstrating how the terms of this section.
J.
Greenhouses (Non-Commercial)
Greenhouses are permitted in residential zoning districts subject to the following regulations:
1.
They have no on-premises sales (either retail or wholesale),
2.
They display no advertising signs on the property,
3.
Accessory structures do not exceed a total of six hundred (600) square feet in size,
4.
The accessory structure or greenhouse shall comply with all applicable Lot Design Standards of this UDC, and
5.
There is no outdoor storage of equipment or other materials.
K.
Fuel Sale Businesses
Property used for the purpose of the sale of fuels shall be developed in accordance with the following regulations:
1.
Distance from Right-of-Way : Service stations may locate fuel pumps and pump islands beyond the setback, but in no case closer than fifteen (15) feet from any street right-of-way;
2.
Canopy Requirements : Any canopy placed over the pump island may not extend closer than five feet (5.0') to the right-of-way;
3.
Pumps Near Residential Zones : Fuel pumps and pump islands may not be located closer than one hundred feet (100.0') to any residential zoning district;
4.
Pumps Near Existing Residence : Fuel pumps and pump islands may not be located closer than one hundred feet (100.0') to a property currently being developed and used for residential purposes within a zoning district that permits fuel sales.
L.
Mini-Storage/Mini-warehouse Businesses :
The use of property for operating an indoor self-service storage facility shall comply with the following development regulations:
1.
Screening Required : No building shall be located so that the door of the self-storage unit faces the street unless screening is constructed along the entire length of the building, said screening to be in the form of:
a.
A screening fence is constructed in accordance with requirements of this UDC,
b.
An opaque and evergreen landscape hedge with a height of six feet (6') at the time of planting;
c.
Another building located between the self-storage units and the street; or
d.
Such other screening that may be approved by the Commission upon application of the developer or owner.
2.
Required Facade Materials : The sides of all self-storage unit buildings that face a street and/or an abutting residentially zoned property shall have exteriors that comply with the building design requirements of this UDC;
3.
Driveways : All driveways within the complex must be designed to accommodate appropriate fire fighting vehicles and be approved by the City Fire Chief;
4.
Setback Requirements : No building used as a self-storage unit may be located closer than twenty-five feet any residentially zoned property.
5.
Overhead doors : No overhead doors shall directly face a residentially zoned property or a public right-of-way.
6.
Outdoor Storage : When adjacent to public rights-of-way or residentially zoned properties, outdoor storage, where permitted by right or conditionally, cannot be visible from right-of-way or residential views, as measured from at grade line of sight viewpoints.
M.
Manufactured Modular Housing
Structures that are constructed in one or more modules or modular components built at a location other than the permanent site, are transported to the permanent site, and are erected or installed on a permanent foundation system. The term includes plumbing, heating, air conditioning, and electrical systems. Per the Texas Department of Licensing and Regulation, examples of industrialized housing and buildings include one-family and two-family (duplex) dwellings, apartment complexes, equipment shelters, restaurants, offices, classrooms, medical complexes, hazardous storage buildings, and more. Industrialized housing and buildings must meet or exceed the requirements of all adopted City Codes. A decal must be issued for certification of modular buildings and components. On the decal affixed to the module, a manufacturer certifies that the module is constructed and inspected in accordance with the mandatory construction standards used by the City. The decal shall provide documentation that a modular building meets all applicable code requirements.
N.
Recreational Vehicle
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 not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. The use of a recreational vehicle as a permanent residence is prohibited except in a duly created Recreational Vehicle Park.
O.
Self-Contained Retail Units/Kiosks
Refers to an automatic self-contained portable retail structures or kiosk, such as, but not limited to bottled water dispensers and an ice dispensing structure that produces and dispenses ice for retail sale, as a stand-alone primary use. These self-contained machines/buildings may be allowed subject to the machine and/or structure fully complying with all applicable building design requirements, screening requirements for mechanical equipment, be it roof or ground mounted, of this UDC. These units may not be placed over required parking spaces, driveways, fire lanes or landscape areas. Adequate off-street parking and vehicular maneuvering areas and car queuing (stacking) shall be provided. Compliance with all applicable building and fire codes, as amended, shall also be required.
P.
General Contractor Services
Contractor yards must comply with all Environmental Performance standards and screening requirements of this UDC. A dust control plan shall be submitted prior to the approval of a site plan to establish this use.
Q.
Big Box Store Requirements
1.
Big box store uses proposed in the C-3 district on a property that adjoins property zoned Single-Family (SF) shall only be permitted subject to the granting of a Conditional Use Permit (CUP); subject to all CUP criteria, standards and processes defined in Article 3 of this UDC. In consideration of a CUP to allow a big box store use, the City Council may impose reasonable conditions of approval to ensure that the big box store use does not diminish the use or value of the adjoining residential property for residential purposes or may deny the CUP request upon determining that the proposed big box stores would not be compatible with the adjoining residential zoning district.
2.
Big boxes stores are permitted by right in the C-4 and MURE zoning districts and in the FM 78 Overlay District. Big boxes stores are permitted by right in the C-3 zoning district if the property on which the big box is proposed does not share a common border with any property zoned Single-Family (SF). For purposes of enforcing this requirement, property zoned Single-Family (SF) on the opposite side of a right-of-way from where a big box is proposed is considered to adjoin the property on which the big box is proposed and has a shared border.