HomeMy WebLinkAboutORD 1298 - ORD Amending Zoning Ordinance in its Entirety
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Ordinance Number 1298
City. of West University Place, Texas
AN ORDINANCE RELATING TO ZONING AND LAND USEj
AMENDING, IN ITS ENTIRETY, THE ZONING ORDINANCE OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, SAID ZONING ORDINANCE
BEING ALSO KNOWN AS ORDINANCE NO. 111, PASSED ON JUNE 12, 1937,
AS AMENDED; PROVIDING A COMPREHENSIVE REVISION AND UPDATING
OF THE ZONING ORDINANCE AND ,MAP OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS
AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City of West University Place, Texas ("City") is,a mature
and developed residential community consisting primarily of single-family
residences; and
WHEREAS, 'the Zon~ng'& Planning Commission of the City has approved an
updated Comprehensive Plan for ~he Cityj and
WHEREAS, the City Council of the City, by the adoption of Ordinance No.
1280, passed finally on February 9,1987, approved the updated
Comprehensive Plan for the City, which plan is to be published as Appendix
B of the City's Code of Ordinancesj and
WHEREAS, the City Zoning &: Planning Commission,' after more than a year
of stUdy and consideration, proposed certain revisions and requested that a
date for a public hearing be set; and .
WHEREAS, by the adoption of Ordinance No. 1278 on February 5, 1987, the
City Council called a joint public hearing and prescribed the notice to be
given; and
WHEREAS, the City Council and City Zoning &: Planning Commission con-
ducted a joint public hearing, on February 23, 19~7, after giving due
notice, and at which all property owners and interested persons desiring to
be heard concerning any prOVisions of the proposed ordinance revisions were
afforded an opportunity to be heard; and '
WHEREAS, the Zoning &: Planning Commission after the conclusion of the
hearing considered the testimony and other evidence presented and made a
preliminary report back to the City Council, which report included various
amendments to the proposed amendatory zoning ordinance, in 'a draft of the
proposed ordinance dated "6-16-87[R];" and .
WHEREAS, the City Council, by the adoption of Ordinance No. 1293 on
June 22, 1987, called a second joint pUb~ic hearing and prescribed the
notice to be given; and
WHEREAS, the City Council and the Zoning &: Planning Commission, on July
20, 1987, conducted the second joint public hearing, after giving dU~,
notice, at which all property owners and interested persons desiring to be
heard, concerning the proposed amended zoning ordinance were afforded an
opportunity to be heardj and
WHEREAS, the Zoning&: Planning Commission, after the conclusion of the
second hearing, considered the testimony and other evidence presented and,
on August 28, 1987, made a final report to the City Council recommending
that this Zoning Ordinance and related Zoning District Map as amended be
adopted; and
WHEREAS, the City Council after considering the final report of the ,
Zoning & Planning Commission is of the opinion that the Zoning Ordinance
and the Zoning District Map, as amended, should be adopted;
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NOW, THEREFORE,
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE:
That Ordinance Number 111, known as the Zoning Ordinance of the City of
West University Place, Texas, passed on th~ 12th day of June, 1937,
together with all amendments thereto, is hereby amended in its entirety to
read as follows:
ARTICLE 1.
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Section 1-100. SHORT TITLE.
This Ordinance shall be known as and referred to as the Zoning
Ordinance of the City of West University Plac~, Texas.
Section 1-101. PURPOSE.
The regulations and districts as herein established have been made in
accordance with the City's Comprehensive Plan for the purpose of promoting
the health, safety, morals and general welfare of the City. They have been
designed to lessen the congestion in the streets; to secure safety from
fire, panic and other'dangers; to provide adequate light and aif; to
prevent the overcrowding of land, to avoid undue concentration of popu-
lation; and to facilitate the adequate provision of transportation, water,
sewage, schools, parks and other public requirements. They have be~n made
with reasonable consideration, among other things, for the character of
each district, and its peculiar suitability for the particular uses
specified, and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the City consistent
with the Comprehensive Plan.
ARTICLE 2.
nRRTMTTTnM~ a~D INTiRPRiT^TIQWg
Section 2-100.
RULES OF CONSTRUCTION,
In this Ordinance:
(1) Words used in the present tense include the future; words in
the singular number include the plural number and words in
the plural number include the singular number.
(2) The word "shall" is mandatory and not directory.
(3) Words not defined in this Ordinance are used in their common,
'ordinary senses.
(4) .Unless otherwise indicated, all lines and boundaries shall be
applied as if they were planes vertical to the surface of the
earth and extending both above and below the surface at each
point along the line or boundary indicated.
Section 2-101. INTENT AND EFFECT OF LAW.
The intent of this Ordinance and of the use of particular undefined
words is to be determined from the whole Ordinance and not from a narrow
reading of a particular sentence or phrase. This Ordinance shall be
interpreted and applied in accordance with the constitu~ionsand laws of
the State of Texas and the federal government of the United States of
America as well as the Charter of the City.
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Section 2-102.
CERTAIN TERMS.
Certain terms in this Ordinance, whether capitalized or not, are
defined as follows for purposes of this Ordinance:
Accessory Building -- A building which is also an accessory
structure.
() Accessory Building, Detached -- An accessory building
not attached to any other building except by covered walkways
or "breezeways" open to the outdoors on the sides.
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( ) Accessory Quarters -- A single room or a group of rooms
(which may include a kitchen and a full bathroom) located on
the same building site with a principal building intended for
single-family (detached) use and meeting all of the following
~criteria:
(i) The room or rooms include no more than 600 square feet
of gross floor area.
(ii) The room or rooms must have access only to the outside
or to garage space.
( ) Accessory Structure -- A subordinate structure, atta~hed or
detached, designed and used for a purpose customarily
incidental to the principal building on the same building
site. Example,s of accessory structures in the SF District
are a private garage for automobile storage, air conditioning
structure, tool house, playground equipment, greenhouse,
hobby shed, home workshop, children's playhouse, storage
house or garden shelter.
() Address Marker -- A sign, other than a spectacular sign or an
off-premises sign, which communicates nothing other than the
name of a building, the names of persons or entities occu-
pying the building and the building's address.
( ) Address Marker, Large -- An address marker with more than six
square feet of display area but less th~n the following:
(i) 24 square feet of display area if it is located
adjacent to or oriented toward a major thoroughfare, or
(i1) 16 square feet of display area otherwise.
() Address Marker, Medium -- An address marker with more than
two, but not more than six, square feet of display area
which, ,if illuminated, is illuminated only by lights reflec-
ted from its surface and no part of which is located higher
than ten feet above the ground.
( ) Address Marker, Small -- An address marker with two square
feet or less of display area.
( ) Auto-Intensive Use -- Any land use where goods or services
are provided to or for motor vehicles or to persons who may
remain within their motor vehicles to receive such goods or
services. Examples, which do not limit this definition, are
gasoline fueling facilities, automobiles sales or repair
facilities and "drive-through" or "drive-in" establishments.
() Bar -- Any commercial unit within which either: (i) 50% or
more of the gross floor area is devoted primarily to the
preparation or sale of alcoholic beverages for consumption on
the premises or (ii) the sale of alcoholic beverages for
consumption on the premises accounts for 50% or more of the
gross sales within such commercial unit in any month out of
the three preceding months.
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Block An area bounded by streets and occupied by or
intended for occupancy by buildings.
() Block Face -- A continuous row of buildIng sites all on one
block and all touching a given street.
() Building ~- Any structure built for the support, shelter or
enclosure of persons, animals, chattels or moveable property
of any kind. Two attached buildings are considered a single
building unless: (i) they are separated by a "breezeway" or
similar space or (ii) they are separated by a firewall
unbroken by interior passageways or openings.
Building Official -- The person designated as such under the
City's building code.
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Building Site -- See Article 5.
C District ~- The Commercial District.
ChUrch -- Those spaces. designed and used for actual worship
by a recognized and organized religious group,
having an ordained minister, priest, rabbi, or similar
religious leader, including parking areas and necessary
supporting facilities, but not including non-worship spaces
such as residences, dormitories, schools, child care facil-
ities, or physical fitness facilities.
City -- The City of West University Place, Texas.
City Council -- The governing body of the City of West
University Place, Texas.
( ) Commercial Unit -- A building or part of a building occupied
or capable of being occupied as a separate business or
commercial establishment.
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() Commercial Use, Light -- Any land use, other than an auto-
intensive use, composed of one or morepf the following:
offices for ordinary business or professional activities,
stores for the sale at retail. of goods or services, restaur-
ants, banks, and savings and loan establishments.
( ) Commercial Use, Medium -- Any land use composed of one or
more of the following: auto-intensive uses, schools,
churches, theatres, bars, clubs, physical fitness facilities
or health care facilities. Any use which is partially a .
light commercial use and partially a medium commercial use
shall be deemed to be a medium commercial use for all
purposes.
() Comprehensive Plan -- The document adopted by the City.
Council by Ordinance No. , passed finally on
1987, as the document is amended from time to time.
() Depth -- With respect to the depth of an area, the average
horizontal distance between the fro~t and the rear. For
irregularly-shaped building sites, the depth is deemed to be
equal to the average distance from the front street line to
the rear or side of the site wheri the distance is measured
perpendicularly from points'along the front street line. For
purposes of determining the depth of the front setback area,
the nominal depth shown on any recorded plat shall control
over the actual measured depth.
( ) Display Area ~- The surface area of a sign included within a
rectangle or other border, and also including any facings
extending beyond the border and any cutouts within the
border. Uprights, backings and supporting structures are not
included, unless they are used or designed to display a
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message or to attract the attention of the public, in which
case the areas so used are included in the determination of
the display area.
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( ) Dweli'hig Unit -- A building, a single room or a group of
rooms occupied or capable of being, occupied as separate
living quarters. Separate living quarters are those which
have all of the following:
(i) direct access from outside of the building or through a
common hall;
(ii) plumbing. and electrical facilities sufficient to serve
a kitchen sink, a refrigerator and cooking equipment;
and
(iii) a full bathroom including a sink, a commode and either
a bathtub or a shower.
( ) Established Building Line ~- A setback line along an entire
block face where there is a predominant front setback
distance. Theie is a predominant front setback distance when
more than half of the interior building sites on the block
face (exciuding the corner sites) have the identical front
setback line determined by the depths of the sites under the
general criteria of Article 7 (that is, more than half of the
sites have a front setback distance of either 20, 25 or 30
feet). If there is a predominant front setback distance, the
established building line is a. line paralle1 to the street
right of way line and setback by a distance equal to the pre-
dominant front setback distance.
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( ) Established Driveway Pattern -- A pattern along a block' face
where 25 percent.o~ more of th~ frontage is included in
building sites upon which there are driveways. The pattern,
if any, is indicated if 66 percent or more of the driveways
are on one side (e.g, either the left or the right) of their
respective building sites.
Face-- To face directly or at an angle less than 90 degrees.
Family -- One person or a. group of persons not
exceeding:
(i) one or more persons, each of whom is related to
each of the others within four ~egrees of con-
sanguinity or affinity; plus
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(ii) ,one other person.
( ) Front Right-Of-Way Area -~ For a given building site,
the area within a street which directly abuts the
building site.
() Front Setback Line The line which marks the closest per-
missible location of a principal building with respect to the
front street line (disregarding those projections specifi-
cally allowed by this Ordinance). The front setback line is
usually the edge of the front setback area (or front yard).
() Garage Space -- Building space for storage of motor vehicles.
Enclosed garage space must be completely within a building.
Semi-enclosed garage space. must have a solid or an opaque
wall at least six feet high around at least one-half of its
perimeter.
GR District -- A General Residential District.
Gross Floor Area -- The gross floor area shall be
measured by taking outside dimensions of a building or
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space in a bUilding, on each floor level, excluding,
however, the floor area of attached garages, basements
or attics used only for storage, and opened or screened
porches, except where the gross floor area of the main
space is 1,100 square feet or more, in which case, half
of the square footage of such opened or screened porches
shall be used in computing the gross floor area.
( ) Height -- The height of a structure is the vertical distance
to its highest point measured from the standard base level.
The standard base level is ordinarily the arithmatic average
of the elevations of two points: the tops of the curb where
the side lines of the building site, if extended, would
intersect the curb (if,there is no curb at either point, or
if there is no curb at all, the intersections of the extended
side lines with the paved crown of the street are used
instead of the tops of the curb). A higher standard base
level can only be established if the person advocating the
higher level demonstrates clearly that the natural ground
level along the front street line is in fact higher and also
demonstrates clearly what that level is. In these cir-
cumstances, the standard base level is the average natural
ground level along the front street line, as so demonstrated.
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( ) High Output Lighting Device -- Any lighting fixture or other
device emitting, or designed to emit, 1,800 lumens or more of
light, whether diffused or not.
( ) Home Occupation -- Activity meeting all of the criteria
described for home occupations in Article 16.
( ) Incidental Sale -- A business activity such as an occasional
sale of used property, a "garagesale" or a "bake sale" which
is specifically allowed under another ordinance of the City
regulating such activity or which meets both of the following
criteria:
(i) The activity involves only the sale of used per-
sonal property, food or beverag~s.
(ii) No business activity (other than activity which is
part of a home occupation) occurred on the same
building site on 118 or more days out of the 180
days immediately preceding the day of the activity.
( ) Light Fence -- A fence which has no heavy and continuous
footing below grade and which can be quickly dismantled and
then reassembled with ordinary hand tools. An example of a
light fence, which does not limit this definition, is an
ordinary wooden fence with wooden posts set individually with
concrete.
( ) Line, Front Street The common boundary of a building site
and a street, subject to the following:
(i) In a residential district, if the building site shares
a common boundary with two or more streets, the front
street line is the common boundary,with the street
having the shortest frontage, but if all of the streets
have the same frontage, the front street line is the
line indicated by any principal building in existence
or under construction as of the 1981 effective date; if
there is no such principal building, the front street
line is the line designated by the first person to
construct a principal building on the site after the
1981 effective date.
(ii) In a non-residential district, if the building site
shares a common boundary with two or more streets, one
of which is a major thoroughfare, the front street line
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is the common boundary with the major thoroughfare. If
all boundary streets are major thoroughfares, the front
street line is the common boundary with the thorough-
fare having the longest frontage, but if all of the
0'thd~ou~hf~res have equal front~ge,the front street
line is the line designated by the first person to
construct a principal building on the site. If none of
the boundary streets is a major thoroughfare, the front
street line is the common boundary with the street
having the shortest frontage, but if all of the streets
have equal frontage, the front street line is the line
indicated by any principal building in existence or
under construction as of the 1987 effective date; if
there is no such principal building, the front street
line is the line designated by the first person to
construct a principal building on the site after the
1987 effective date.
( )
Line, Rear Property -- The boundary of a building site most
nearly opposite the front street line of the building site.
The building official shall designate the rear property line
of irregularly-shaped building sites, and the line so
designated need' not be straight.
( )
Line, Side Property -- Each boundary of a building site,
except the front street line, the rear property line and any
side street lines.
Line, Side Street -- Each common boundary between a building
site and a'street, except the front street line.
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Living Space -- Any living room, bedroom, dining room, study,
kitchen, or other living activity space. A bathroom, foyer,
hallway, stairway or other utility space shall not be con-
sidered living space. .
Major Thoroughfare -- Bissonnet Street, Kirby Drive or
Bellaire (West Holcombe) Boulevard.
Mirrored Glass -- Glass with a reflectance greater than 20%.
Multiple Utility Service --Utility service provided to a per-
son or group of persons on a given building site who is (or
who are) different from another person or group of persons to
whom the same service is provided on the same building site.
Municipal Use -- A use of land owned, leased or otherwise
controlled by the City.
1987 Effective Date -- The effective date of the 1987 compre-
hensive amendment of thee Zoning Ord{nance of the City.
) Occupancy -- The use or intended use of a particular area of
land or a particular building or structure, or portion
thereof, by proprietors or tenants.
( ) Open Area -- Area unoccupied by any structure and open and
unobstructed to the sky, except by natural plants or trees,
and except for projections specifically permitted by the
Projections Schedule to the extent therein provided.
() Park, Playground or Community Center (Private) -- A park,
playground or community center neither owned nor operated by
a governmental entity having the power of eminent domain.
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() Park, Playground or Community Center (Public) -- A park,
playground or community center owned or operated by a govern-
mental entity, other than the City, having the power of emi-
nent domain.
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( ) PDD -- A Planned Development District. (See Articles 3 and
9. )
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( ) Person -- A natural person, partnership, corporation, sole
proprietorship, representative, governmental entity, unincor-
porated business association or any other entity.
Pervious Area -- An area of natural ground which allows water
to pass through or be absorbed ,- thus preventing excess water
flow away from the area. The area occupied by impervious
landscape materials (such as, for example, borders, stepping
stones, or retaining walls) or by paving materials
(such as, for example, loose gravel with an impervious base,
concrete or composite materials with spaces for grass or
plants) is not counted as pervious area. The area ocqupied
by those items specifically allowed by the Projections
Schedule is counted as pervious area to the extent therein
indicated.
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PNC -- A prior non-conformity. (See Article 12.)
Principal Building -- The building on a building site
occupied by the primary use.
( ) Qualified Tree -- A live tree in reasonably good health which
conforms to all applicable rules as to species, s~ze, place~
ment and maintenance as may be prescribed by the Z&PC.
( ) Reside -- To live or to intend to live at a 'place either
indefinitely or longer than 42 days.
( ) Residential District -- The SF District, the TH District,
a GR District or any portion of a PDD designated for residen-
tial purposes.
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( ) Residential Purposes -- Ordinary domestic purposes not
involving any business, commercial, industrial or institu-
tional activity, whether carried on for profit or not.
Providing any good or service, or offering to provide it, on
or from a building site, to or for anyone who does not reside
on the building site in exchange for any money or thing of
value, whether demanded or accepted, is a business activity;
hqwever, in any proceeding where the presence of a business
activity under this Ordinance is an issue, it shall be an
affirmative defense that the alleged business activity was
only an incidental sale or was part of a home occupation, but
such an affirmative defense shall not apply to any alleged
violation of another ordinance of the City unless the other
ordinance so provides.
( ) Residential Street -- Any street, other than a major
thoroughfare, abutting a 'given building site where, within
200 feet in either direction along bot~ sides of the street
(measured from the side lot lin~s of the given building
site), 51% or more of the property fronting on either side of
the street is within a residential district.
( ) Residential Yorker -- A person who is employed to perform
residential services at least 25 hours per week upon the same
building site where the person resides. Residential services
are personal services which are performed for someone who
also resides on the building site and which are purely resi-
dential in nature (and not income-producing) such as cooking,
cleaning,attending children or handicapped persons or main-
taining the grounds.
( ) School -- An establishment owned or operated by a school
district or other governmental entity and used to provide
public education or owned or operated by a non-governmental
person under circumstances where a license or permit is in
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effect or required to be in effect under the Texas Education
Code or any other State law pertaining to education or
instructional services.
Schooi'(Public)c~_ A school owned by a governmental entity~>
having the power of eminent domain.
SF District -- The Single Family District.
Shopping Center -- A building or group of buildings on a
single building site containing three or more commercial
units, each with a separate entrance to the outdoors.
Sign -- Any display, design, shape, picture or other
representation visible from a street and so constructed,
placed, attached, painted, erected, fastened or manufactured
in any manner whatsoever so that the same may be used to seek
the attraction to, or to direct the attention of the public
to, any goods, services, property or ac'tivities whatsoever.
The term "sign" includes any structure or object which sup-
ports a sign but excludes the following:
(i) Any display in the C District containing only letters
or numbers less than three inches in height attached to
or located within a building or within 12 inches of a
wall of abuilding, provided that there are no more
than 200 separate letters and numbers for the building
in question.
(ii) Any display containing only letters or numbers which:
(A) are less than 19 inches in height, (B) are carved
into or securely attached in such a way that they are
an architectural detail of a building, (C) are neither
illuminated nor made of reflective material, (D) do not
contrast sharply with the color of the building, and
(E) do not exceed one inch in thickness. '
(110 Sidewalk showcases in the C District located at least
15 feet from any roadway.
(iv) Temporary window graphics in the C District to the
extent they do not exceed 30 percent of the area of the
window.
(v) Displays or devices erected or required to be erected
by a governmental entity or by its authority.
(vi) Danger or warning displays or legal notices.
(vii) Displays or devices necessary for providing any utility
service or railroad service.
(viii) Displays necessary to regulate the flow of traffic on
private property.
(ix) Within 90 days preceding an election, displays not
exceeding 1,850 square inches advocating any candidate
or proposition at the election.
(x) Displays containing only street or house numbers.
(xi) Temporary holiday decorations with no commercial con-
tent.
(xii) Temporary displays for home tours and similar events
which have no commercial purpose.
(xiii) Any object before it has remained in one place for
three hours or more.
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() Sign, Institutional - A sign, other than an off-premises
sign or a spectacular sign, with a total display area less
than 30 square feet and showing only names, activities or
services provided in any church or non-profit institution.
( ) Sign, Off-Premises -- A sign advertising a good, a service,
any property or an activity not usually located on the
building site where the sign is installed and maintairied or
any sign which, in fact, directs persons to any location not
on the building site.
( ) Sign, Project -- A sign, other than an off-premises sign or
a spectacular sign, which may be made up of one or more
display surfaces if they are all connected into one struc-
ture, having no part greater than 25 feet in height and con-
taining no more than:
(i) 200 square feet of total display area, if located adja-
cent to and oriented toward a major thoroughfare, Or
(ii) 100 square feet of total display area otherwise.
( ) Sign, Real Estate --'A sign, other than an off-premises sign
or a spectacular sign, where the matter displayed thereon is
used solely for the purpose of offering for sale, for lease
or for rent the exact property on which the sign is located.
Sign, Small Construction -- A sign where the matter displayed
thereon is used solely to communicate the identity, address
and telephone number of a designer, builder or financier of
the exact property on which the sign is located during those
times that construction is actually being carried out on that
property pursuant to a valid permit issued by the City, and
which sign meets all of the follow~ng criteria:
( )
(i) it has a height of five feet or less;
(ii) the display area of each face is eight square feet or
less; and
(iii) the total display area is 16 square feet or less.
( ) Sign, Small Real Estate -- A Real Estate Sign meeting all of
the following criteria:
(i) it has a height of five feet or less;
(ii) the display area of each face is eight square feet or
less; and
(iii) the total display ftrea is 16 square feet or less.
() Sign, Spectacular -- Any sign which has automatically
changing advertising or which is equipped with flashing,
changing, glaring or moving lights or which has any moving
message whatsoever, or which is illuminated with colored
lights. A sign with a message which does not move or change
more than once in any four-hour periOd is not a spectacular
sign.
() Sign, Tenant -- A sign, other than an off-premises sign Or a
spectacular sign, located on the same building site as a com-
mercial unit and advertising a good, a service, any property
or any activity of the commercial unit.
( ) Sign, Large Tenant -- A tenant sign which has no part with a
height in excess of 20 feet and which meets one of the
fOllowing criteria:
(i) If the sign is located on or within 12 inches of a wall
above a commercial unit, the sign has a width not
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exceeding 70% of the width of the wall above the com-
mercial unit, and the sign has a height of 30 inches or
less (from its top to its bottom).
(ii)' If the sign is located elsewhere, it has no more tha!1
64 square feet of total display area (if located adja-
cent to or oriented toward a major thoroughfare) or no
more than 32 square feet of total display area (if
neither located adjacent to nor oriented toward a major
thoroughfare) .
Sign~ Small Tenant -- A tenant sign which contains no more
than eight square feet of toial display area.
Single Family (Attached) Use -- A use of a building site
which meets all of the following criteiia:
(i) Each dwelling unit is located on a plot of ground to
which the occupants of the unit have exclusive access,
from the ground to the sky.
(ii) No dwelling unit has any entrance or exit connecting to
another dwelling unit.
(iii) No dwelling unit shares any interior hall or interior
passageway with any other dwelling unit.
(iv) No more than one family resides in any dwelling unit.
(v) The entire building site is used either: (A) exclusi-
vely for residential purposes or (B) primarily for
residential purposes and secondarily for home occupa~
tions. .
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S1ngle Family (Detached) Use -- A use of a building site
which meets all of the following criteria:
(i) There is no more than one dwelling unit plus accessory
quarters on the building site.
(ii) There is no. multiple utility service on the building
site.
(iii) There is no physical connection between any
building on the building site and any other building on
another building site.
(iv) No more than one family plus no more than two residen-
tial workers reside upon the building site.
(v) If the family incl~des a person not related to each of
the others in the family within four degrees of con-
sanguinity or affinity, the unrelated person resides in
the principal building with at least one of the others.
(vi) The entire building site is used either: (A) exclusi-
vely for residential purposes or (B) primarily for
residential purposes and secondarily for a homeoccupa-
tion.
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( ) Special Screen -- An opaqu~ fence or wall designed,
constructed and maintained to reduce risks of fire, unsani-
tary conditions and vandalism and to prevent the viewing of a
loading dock or waste storage area, or any associated equip-
ment, from any street or from any property within a residen-
tial district. - Buildings or other structures and gates may
be incorporated into special screens.
() Story -- The portion of a building between successive floors
of such building or from the top floor to the roof.
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5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 11
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Story, Half -- A story having an average height of not more
than eight feet covering a floor area not more than 50$ of
the floor area of the story immediately below.
Street -- Any highway, alley, street, avenue, public place or
square, bridge, viaduct, underpass, overpass, tunnel or
causeway dedicated or devoted to public use, including all of
the area between the right-of-way lines.
Structure -- Anything manmade, which: (i) is not readily por-
table, (ii) is usually left in one location for an indefinite
period of time or (iii) requires either permanent or fixed
location on or in the ground or attachment to something
having a permanent or fixed location on or in the ground for
its use. Examples of structures, which do not limit this
definition, are sculptures, lampposts, sidewalks, driveways,
playground equipment and facilities, buildings, flagpoles,
antennas and pools.
( ) Structural Alterations -~ Any change in the supporting member
of a building, such as a bearing wall, column, beams or gir-
ders.
( )
( )
( )
( ) Subdivided Lot -- A lot or parcel which was:
(i) created by plan, plat or replat approved by the
appropriate City body as required by TEX. REV. CIV.
STAT. ANN. art. 974a; or
(ii) created by a subdivision that was not required by state
law to be accomplished by plan, plat or replat; or
(iii) created by another type of subdivision occurring prior
to September 12, 1983.
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() Swimming Pool (Private) -- A swimming pool, an outdoor spa or
a "hot tub," or any two of them, used ~s an accessory use in
connection with a single building site and used for residen-
tial purposes only. .
( ) Temporary -- With respect to a sign or display, having no
actual or intended use for more than 60 days out of any
365-day period.
( ) Tennis Court (Private) -- A tennis court and its appurtenan-
ces meeting all of the following cri~eria:
(i) It is used as an accessory use in connection with a
single building site.
(ii) It is used for residential purposes only.
(iii) It is open to the sky but enclosed and screened on all
sides and never lighted for play.
( ) Utility Or Service Use -- A use of a building site other than
Municipal Use which is reasonably necessary to provide any
Utility Service to that site or to other building sites in
the City, including only those production, processing,
through-transmission or central facilites which are beyond
the power of the City to regulate by zoning.
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( ) Utility Service -- Means any water, sewer, garbage, electric,
gas, telephone, cable television or other similar service
provided by a public utility, a franchisee of the City or
governmental entity serving the City.
( ) Waste Storage Area -- Any area designed or used to store gar-
bage, trash or other wastes, except for those areas in a SF
District which serve one or two dwelling units.
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Width -- In the case of a building site, the length of the
front street line~ .
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Yard, Front -- That'part of a building site included in the
required ,set-back area measured from the front .street line.
Yard, Rear -- That part of a building site included in the
required setback area measured from the rear property line.
ZBA -- The Zoning Board of Adjustment.
Z&PC -- The Zoning & Planning Commission.
Zoning District Map -- The map adopted on the 1987 effective
date Simultaneously with the comprehensive amendment of this
Ordinance, as said map may be amended from time to time.
ARTICLE 3.
ZONING DISTRICTS ESTABLISHED
Section 3-100. DISTRICTS.
The City 1s hereby divided into the following zoning ,districts:
Abbreviated
Designation
Zoning District Name
SF
Single Family District
Townhouse District
TH
II
1 '
GRl
First General Residential District
GR2
Second General Residential District
C
Commercial District
POD
Planned Development District (Individual POD's
are illustrated on' the Zoning District Map,
and regulations applicable to each POD are
provided in the respective PDD Schedules
attached to th1s Ordinance'and made a part
hereof.) ,
ARTICLE 4.
7.0NTNG nT~TRTr.T MAP
Section 4-100.
, ZONING DISTRICT MAP.
The boundaries of the zoning districts set out herein are delineated
upon the Zoning District Map of the City, said map being a part of this
Ordinance as fully as if the same were set forth herein in detail.
Section 4-101. FILING OF ZONING DISTRICT MAP.'
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One or more originals of the Zoning District Map, bearing the signature
of the Mayor and the attestation of the City Secretary, and bearing the
same date as the ordinance which last adopted it or amended it, shall be
filed with the City Secretary and retained as orig~nal records. .
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 13
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ARTICLE 5.
ZONINd DISTRI~T BOUNDARIES AND BUILDING SITES
Section 5-100. INTERPRETATION OF BOUNDARIES.
,
,.,
The district boundary lines shown on the Zoning District Map are
usually along streets, alleys, property lines or extensions thereof.
uncertainty exists as to the boundaries of districts as shown on the
District Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the right-of~way
lines of streets, highways or alleys shall be construed to follow
such lines.
Where
Zoning
(2) Boundaries indicated as approximately following the center-line of
streets, highways or alleys shall be construed to follow such
lines.
(3) Boundaries indicated as approximately following property lines
shall be construed as following such lines.
(4) Boundaries indicated as approximately following city limits shall
be con~trued as following city limits.
(5) Boundaries indicated as parallel to or extensions of features
indicated above shall be so construed. Distances not specifically
indicated on the Zoning District Map shall be determined by
referenc~ to specific ordinances, motions or resolutions of the
City Council, the Z&PC or the ZBA, or minutes of their meetings,
concerning the areas in question.
(6) Any area not clearly included in another district is within the SF
District~
Section 5-101.
BUILDING SITES.
(a) The building site for any given building or proposed bUilding
includes:
(1) the subdivided lot upon which the building is, or is proposed
to be, located, and
(2) any portion of an adjoining subdivided lot which:
(i) is under common ownership with the first subdivided
lot;
(ii) 'is not part of another building site; and
(iii) has been included by the owner of the building site by
the submission of a plat, legal description or other
document to the City showing the adjoining subdivided
lot (or portion thereof) as part of the building site
for thecgiven building.
(b) No building site may include any area within a street or exclusive
public easement or any area within another building site.
(c) From and after the 1987 effective date; no subdivided lot in the
SF District or in the GRl District shall 'be further subdivided so as to
produce a site with less than 75 teet of width or less than 110 feet of
depth. However, this shall not prohibit t~e subdivision of a subdivided
lot when all applicable procedures under state law and the City's ordinan-
ces, rules and regulations are followed and one of the following sets of
circumstances is present:
(1) All portions of the subdivided lot are added to adjoining
subdivided lots.
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5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 14
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(2) At least one portion of the subdivided lot is added to an
adjoining subdivided lot, thus increasing the size of the
adjoining subdivided lot, and:
(1)
if the width of the subdivided lot is decreased, the
remaining portion of the subdivided lot has a width of
at least 60 feet; and '
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(ii). it the depth of the subdivided lot is decreased, the
remaining portion of the subdivided lot has a depth of
at least 110 feet.
(3) A portion of the subdivided lot is needed for municipal use
or for utility or service use.
(d) Two subdivided lots which may have been combined into a single
building site may be divided into separate building sites if all of the
following circumstances are present:
(1) The division occurs along the common boundary of the two sub-
divided lots.
(2) The division does not cause a condition in violation or non-
compliance with this Ordinance, unless the condition relates
to buildings or structures which would not have been in
violation of the City's ordinances in effect at the time they
were constructed assuming that the same division of the two
subdivided lots occurred at that time.
(e) Examples showing the division of two subdivided lots are shown in
the Lot Division Schedule, attached to this Ordinance and made a part
hereof. The examples .shown shall not limit this Article.
.:..:.
ARTICLE 6.
COMPLIANCE REQUIRED
Section 6-100. CERTAIN CONDUCT UNLAWFUL.
(a) General.
It shall be unlawful for any person to use, own, possess, rent as
landlord or as tenant, occupy or control any real or personal property
within the City which does not comply with this Ordinance.
(b) Construction, Alteration, Etc.
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It shall be unlawful for any person to erect, move, construct or alter
any real or personal property within the City which does not comply with
this Ordinance.
(c) Permits, Etc.
It shall be unlawful for any person to use, own, possess, rent as
landlord or as tenant, occupy, control, erect, move, construct or alter any
real or personal property if this Ordinance requires a permit, license, or
other permission for such conduct, unless the required permit, license or
other permission has been duly issued and is in effect.
(d) Other Violations.
It shall be unlawful for any person to violate any other provision of
this Ordinance.
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5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 15
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Section 6-101. CERTAIN AFFIRMATIVE DEFENSES.
It shall be an affirmative defense in any proceeding to enforce this
Ordinance that:
(1) a variance, special exception or planned development district
ordinance authorizing the conduct in question was duly issued or
adopted, as the case may be, and all conditions therein prescribed
have been completely observed and fulfilled; or
(2) the property or activity involved had status as a prior non-
conformity at the time of the alleged violation, in accordance
with Article 12 of this Ordinance; or
(3) in the case of signs, another ordinance of the City specifically
allows the type of sign in question or the use of the sign in
question.
Section 6-102. PENALTY AND REMEDIES.
(a) Fines.
The violation of any provision of this Ordinance shall be punishable by
a fine. No fine shall exceed any limit imposed by State law. The fine for
each offense may not exceed $1,000 provided that this limit shall automati-
cally increase to include any penalty now or hereafter within the jurisdic-
tion of the City's municipal courts under Section 29.003 of the Texas
Government Code or other State law. Each day any violation of this
Ordinance continues shall constitute a separate offense.
(b) Other Remedies.
Nothing in this Ordinance limits any other remedies available to the
City or later becoming available to the City, including, without limita-
tion, those remedies specified in TEX. REV. CIV. STAT. ANN. art. 1115f
(Vernon's Supp. 1981) and other similar provisions of state law. All such
other remedies may be availed of regardless of whether a criminal prosecu-
tion is, has been or will be pending or completed. No remedy shall be a
bar to any other.
ARTICLE 1.
RESIDENTIAL DISTRICTS
Section 1-100. SINGLE FAMILY DISTRICT
(a) General.
This section applies only to the SF District. The purpose of this
District is to provide regulations to maintain and protect the City'S
single-family residences and neighborhoods.
(b) Uses Permitted.
(1) The following land uses, and no others, are permitted:
(i) Single Family (Detached) Use
(ii) Home Occupations
(iii) Utility Or Service Uses
(iv) Municipal Uses
(2) The ZBA may issue a special exception for any of the
following:
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(i)
Park, Playground or Community Center (Public)
(Ii )
School (Public)
(iii) Church
(c) Maximum Density.
No more than the following are permitted on a single building site
(other structures which are not m~ntioned are not restricted by this
subsection):
,/
(1)
One Dwelling Unit
(2) One Accessory Quarters
(3) Three Accessory Buildings
(4) One Swimming Pool (Private)
(5) One Tennis Court (Private)
(6) Garage space for the greater of the following:
(i) four automobiles, or
(ii) a number of automobiles obtained by dividing the square
footage of the building site by 2,500 and rounding down,
to the nearest whole number.
(7) Structures for Utility and Service Uses and Municipal Uses.
(d) Height.
The principal building on a building site may not have more than two
and one-half: stories and may not exceed 35 feet in height, except: (i) the
maximum height of any structure in a rear yard is 25 feet; (ii) the maximum
height of roof-mounted radio or television antennas attached to p~incipal
buildings is four feet above the roof of the building; and (iii) the maxi-
mum height of chimneys attached to p~incipal buildipgs is the greater of 35
feet or four feet above the roof of the building. No other structure may
exceed 25 feet in height.
(e) Site Criteria.
(1) Setback Areas.
Except as specifically allowed by the Projections Schedule
(which is attached to this Ordinance and made a part hereof
for all purposes), neither a structure nor any part of a
structure is permitted in any of the following areas:
(i) The front setback area, being the area within a certain
distance from the front street line determined as indi-
cated below:
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 17
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Depth Of
Building Site
Front
Setback
Distance
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110 feet or less
20 feet
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more than 110't-E;et
but not more
than 125 feet
25 feet
more than 125 feet
30 feet
(ii) The side setback area, being the area within a certain
distance from any side street line or side property
line (although the ZBA may require a greater setback as
a condition for a special exception on the frontage of
a lot in accordance with Article 16). The side setback
area is determined as follows:
Width Of
Building Site
Side
Setback
Distance
----------------- -------------------------
Less than 75 feet
Five feet, except as otherwise pro-
vided in the Side Lot Setback
Schedule attached to this Ordinance
and made a part hereof.
75 feet or more
but less than
100 feet
The lesser of: (A) five feet
plus half of the distance by which
the width of the building site
exceeds 75 feet or (B) seven feet.
100 feet or more
J
The lesser of: (A) seven feet plus
half of the distance by which the
width of the building site exceeds
100 feet or (B) 10 feet. .
(iv) The rear setback area, being the area within 20 feet of
the rear property line.
(2) Special Setback Regulations.
(i) If there is an Established Building Line, or if there
is any front bUilding line established by recorded
plat, the area between such a line and the front street
line is part of the front setback area and is subject
to the same regulations as the remainder of the front
'setback area.
(ii) No structure shall be permitted in violation of any
building line established by ordinance or by recorded
plat.
(iii) No accessory building containing garage space opening
to a side street is permitted within 10 feet of any
side street line.
(iv) No door or opening into garage space may face the front
street line unless all of the garage space is located
10 feet or more behind the front setback line.
(3) Open Areas.
At least 40 percent of each building site must be open area.
At least 60 percent of the rear yard and at least 60 percent
of the front yard must be open area. The ZBA may issue a
special exception to reduce the requirement for open area in
a rear yard to not less than 40 percent of the rear yard, if
the rear yard in question abuts a non-SF District.
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5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 18
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Dimensions.
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All of the following regulations apply to each building site
used for residential purposes.
(i) Each building site must either: (A) have a m~n~mum
width of 50 feet, a minimum depth of 100 feet and a
minimum total area of 5,000 square feet, or (B) have
(x) been improved with a principal building in
existence on the 1987 effective date or used for resi-
dential purposes, for 20 years or more prior to the 1981
effective date, (xx) a minimum total area of 4,500
square feet and (xxx) been subdivided by plat origi-
nally. but not divided thereafter except to provide
public right-of-way or to accommodate physical
encroachments or as specifically allowed by Article 5.
(ii) The building site may not have been divided in viola-
tion of Article 5 or in violation of any other ordi-
nance of the City.
(5) Pervious Areas.
At least 24 percent of each building site must be pervious
area. At least 50 percent of each front yard must be per-
vious area.
(6) Trees.
r:
(i) For each building site there must be at least one
qualified tree located either in the front yard or in
the front right~of-way area. It shall be an affir-
mative defenSe in any proceeding to enforce this provi-
sion that diligence is being used to plant a qualified
tree in the required location or to replace a qualified
tree damaged or destroyed.
(ii) A qualified tree with a trunk circumference of 36
inches or m~re (measur~d at a height of four feet) may
not be destroyed or removed from'any front yard or
front right-of-way area. except when immediate action'
is necessary to prevent harm to persons or property or
when otr 'rwise authorized by permit issued pursuant to
another ordinance of the City.
(7) Access.
Each building site must have adequate legal access to a
street and to all necessary utilities.
Special Screens.
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(2) Size Of Principal Building.
Each principal building used for residential purposes must
contain at least 1,400 square feet of gross floor area.
(3) Garage And Driveway
Upon each building site used for residential purposes where,
after the 1987 effective date, a new principal building is
constructed or space is added to an existing principal
building to such an extent that its gross floor area is
increased to 200% or more of its gross floor area on the 1987
effective date, the following shall apply:
(i) There must be either enclosed garage space or semi-
enclosed garage space capable of containing at least
one automobile of normal dimensions. In addition,
there must be hard-surfaced areas, either within garage
space or not, where at least one more automobile of
normal dimensions may be parked behind the front
setback line.
(ii) On each building site, except a corner building site,
where there is a side setback area less than five feet
as allowed by the Side Lot Setback Schedule, (x) there
must be a driveway located as nearly as practicable to
one side of the site, (xx) the side shall be determined
in accordance with the established driveway pattern for
the block face in question, if there is such a pattern,
(xxx) if there is not such a pattern, and if there is
an adjacent driveway on one adjoining building site but
not the other, then the dr,iveway must be on the side
farthest from the adjoining driveway.
(iii) Each driveway must connect garage. space to the street
by the most direct route, except that this does not
prohibit circular driveways specifically permitted
under another ordinance of the City. "Deadend" or stub
driveways and parking pads are not permitted, except on
that portion of the building site which is behind the
principal building or within an area surrounded by opa-
que fences or walls at least six feet in height.
(iv) The ZBA may issue a special exception for a driveway in
another location if it finds that: (A) the other loca-
tion will not unreasonably interfere with available
light and air and will not significantly alter access
for firefighting and similar needsj (B) the other loca-
tion will prevent the destruction of a qualified treej
or (0) in the case of the remodeling of a principal
bUilding, the location requested is the same location
as an existing driveway.
(4) Garage Living Space.
In any accessory building containing garage space~ all living
space is prohibited except for space which qualifies as
accessory quarters.
(5) Signs.
At those times when construction activity is being actively
pursued on a given building site pursuant to a permit issued
by the City, all signs are prohibited except for one small
address marker and two other signs, each of which is either a
small real estate sign or a small construction sign. At all
other times, all signs are prohibited except one small real
estate sign and one small address marker per building Bite.
The ZBA may grant a special exception for one institutional
sign if the ZBA finds that it will not unreasonably distract
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5418:DR928-20R: AMENDATORY ZONING ORDINANCE......................Page 20R
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drivers or pedestrians, will not otherwise create a safety
hazard and will not cause an unreasonable intrusion into the
neighborhood.
(6) Lighting.'
All high output lighting devices must be designed,
constructed and operated so as to prevent them from directly
illuminating any part of another building site in a residen-
tial district or any part of a structure located thereon.
Section 7-101. TOWNHOUSE DISTRICT (TH).
(a) General.
This section applies only to the TH District. The purpose of this
District is to maintain and protect the City's single-family, attached-
building residential areas and to provide necessary regulations for buf-
fering of adjacent areas with less-intensive land uses.
(b) Uses Permitted.
(1) The following land uses, and no others, are permitted:
(i) Single Family (Detached) Use, but only if the height
regulations, maximum densities, site criteria and
building criteria applicable within the SF District
(in lieu of the comparable regulations in this Section)
are complied with at all times.
(il) Single Family (Attached) Use
(ill) Home Occupations
(iv) Utility Or Service Uses
(v) Municipal Uses
(2)
The ZSA may issue a special exception 'for any of the
following:
(i) Park, Playground or Community Center (Public)
(il) School (Public)
(lii) Church
(e) Maximum Density.
,.,
On each building site, the number of dwelling units divided by the
acreage of the site may not exceed a factor of 211~. There may be accessory
structures but not accessory quarters. Neither tennis courts nor swimming
pools are permitted on building sites used for residential purposes.
However, the ZBA may issue a special exception for a tennis court (private)
or a swimming pool (private) if it finds that the proposed facility will
not create a drainage or noise problem and will not result in a significant
increase in traffic on nearby streets.
(d) Height..
The principal building on a .building site may not have more than two
and one-half stories and may not exceed 35 feet in height, except: (i) the
maximum height of any structure in a rear yard is 25 feet; (il) the maximum
helght of roof-mounted radio or television antennas attached to principal
buildings is four feet above the roof of the building; and (iii) the max~-
mum height of chimneys attached to principal buildings is the greater of 35
feet or four feet above the roof of the building. No other structure may
exceed 25 feet in height.
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(e) Site Criteria.
(1) Setback Areas.
Except as specifically allowed by the Projections Schedule
(attached to this Ordinance and made a part hereof for all
purposes), neither a structure nor any part of a structure is
permitted in any of the following areas:
(i) The area within five feet of the front street line.
(ii) The area within ten feet of any side street line.
(iii) The area within three feet of any side property line.
(iv) The area within five feet of the rear property line.
(v) The area within 20 feet of any portion of any SF
District.
(2) Open Area.
At least 25 percent of the area of each building site must be
open area.
(3) Pervious Area And Trees.
At least 15 percent of the area of each building site must be
pervious area. Upon each building site there must be at
least one qualified tree for each 500 square feet (or part
thereof) of required pervious area, with a minimum of one
qualified tree per building site.
(4) Dimensions.
Each bUilding site used for residential purposes must contain
at least 2,000 square feet for each dwelling unit.
(5) Transition Features.
If any part of the building site lies within 20 feet of any
SF District, there must be an opaque fence or wall eight feet
in height on the building site and along and parallel to the
boundary between the building site ~nd the SF District.
Unless both sides of the fence are finished, the finished
side must face the SF District. All such fences and walls,
except light fences, shall be located outside of any easement
for underground utilities and as close as practicable to the
boundary. Light fences shall be located along the boundary.
(6) Parking Areas.
There must be at least one motor vehicle parking area which
complies with Article 10 of this Ordinance.
(7) Access.
Eaah building site must h~ve adequate legal access to a
street and to all necessary utilities.
(8) Drainage Facilities.
Each building site must contain any drainage facilities
required by the City's Code of Ordinances.
(9) Special Screens.
Loading docks and waste storage areas must be surrounded by
special screens. Any gates or openings in the special
screens must be kept securely closed when not in use. No
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part of a waste storage area may be located within ten feet
of any adjoining building site in a residential district.
(f) Building Criteria.
(1) Uses.
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Any structure which is designed, constructed, modified or
maintained for a use or a density not specifically permitted
is prohibited. .
(2) Dwelling Units.
Each dwelling unit must contain at least 1,200 square feet of
gross floor area and shall be at least 16 feet in width
(measured to include outside walls and one-half of any common
walls).
(])
Signs.
At those times when construction activity is being actively
pursued on a given building site pursuant to a permit issued
by the City, all signs are prohibited except for one small
address marker per dwelling unit, two other signs per
dwelling unit, each of which is either a small real estate
sign or a small construction sign and, if there ar~ more than
two dwelling units on the building site, one medium address
marker. At all other times, all signs are prohibited except
one small real estate sign per dwelling unit, one small
address marker per dwelling unit and, if there are more than
two dwelling units on the building site in question, one
medium address marker (which must be located either upon a
wall ofa principal, building or behind the front wall of a
principal building). The ZBA may issue a special exception
for one institutional sign if the ZBA finds that it will not
unreasonably distract drivers or pedestrians, will not other-
wise create a safety hazard and will not cause an unreaso-
nable intrusion into the neighborhood.
Additional Fire Considerations.
(ll)
(i) The ZBA may issue a special exception for a zero
distance setback from a side property line separating
two building sites, but only upon application of both
property owners and only if the special exception is
conditioned upon the construction and maintenance of a
common wall or continuously abutting separate walls (in
either case with a four-hour fire rating or better)
along such line.
(5)
(ii) A four-hour-rated fire wall or its equivalent must
separate adjoining dwelling units.
(iii) The number of dwelling units in a continuous row (in
one building or with common walls) shall not exceed
four units, unless a row of dwelling units faces onto a
street, in which case the maximum length of a con-
tinuous row of dwelling units shall be 200 feet. To
separate a continuous row of buildings, there must be
open space at least five feet in width and so designed
and maintained that firefighters (with hoses) could
pass through.
Lighting.
All high output lighting devices must be designed,
constructed and operated so as to prevent them from directly
illuminating any part of another building site in a residen-
tial district or any part of a structure located thereon.
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(6) Garage.
Upon each building site containing a principal building used J
for residential purposes, there must be a fully-enclosed
garage or garages capable of containing at least two automo-
biles of normal dimensions for each dwelling unit on the
,building site.
Section 7 -1 02. FIRST GENERAL RESIDENTIAL DISTRICT (GR 1)
(a) General.
This section applies only to the GRl District. The purpose of this
District is to maintain and protect th~ City's duplex residential area and
to provide necessary regulations for buffering of adjacent areas with less-
intensive land uses.
(b) Uses Permitted.
(1) The following land uses, and no others, are permitted on any
given building site:
(i) Single family (detached) use, but only if the height
regulations, maximum densities, site criteria and
building criteria applicable within the SF District
(in lieu of the comparable regulations in this Section)
are complied with at all times.
(ii) Single family (attached) use, but only if the height
regulation~, maximu~ densities, site criteria and
building criteria applicable in the TH District (in
lieu of the comparable regulations in this Section) are
complied with at all times.
(iii) Other uses for strictly residential purposes.
]
(iV) Home occupations.
(v) Utility or service uses.
(vi) M~nicipal uses.
(2) The ZBA may issue a special exception for any of the
following:
(i) Park, Playground or Community Center (Public)
(ii) .School (Public)
(11i) Church
(c) Maximum Density.
On any given building site, .there may be no more than two dwelling
units.
(d) Height.
The prinCipal .buildingon a buildin~site may not have more than two
and one-half stories and may not exceed 35 feet in height, except: (i) the
maximum height of any structure in a rear yard is 25 feet; (ii) the maximum
height of roof-mounted radio or television antennas attached to principal
buildings is four feet above the roof of the building; and (iii) the maxi-
mum height of chimneys attached to principal buildings is the greater of 35
feet or four feet above the roof of the building. No other structure may
exceed 25 feet in height.
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(e) Site Criteria.
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(1) Setbacks.
Except as specifically allowed by the Projections Schedule,
neither a structure nor any part of a structure is permitted
in any of the following areas:
(i) The area within 20 feet'of the front str.et line.
(ii) The area within ten feet of any side street line.
(iii) The area within three feet of any side property line.
(iv) The area within five feet of the rear property line.
(v) The area within 20 feet of any portion of any SF
District.
(2) Open areas.
At least 25 percent of each building site must be open area.
At least 40 percent of the front yard must be open area.
(3) Dimensions.
All of the regulations applicable to the dimensions of
building sites in the SF District shall also apply within
the GRl District.
(4 )
Pervious Areas And Trees.
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At least 15 percent or each building site must be pervious
area, and at least 40 percent of the front yard must be per-
vious area. Upon each building site there must be at least
one qualified tree for each 500 square feet (or part thereof)
of required pervious area, with a minimum of one qualified
tree per building site.
(5)
Transition Features.
If any part of the building'site lies within 20 feet of a
non-GR residential district, there must be an opaque fence or
wall eight feet in height located on the building site and
along and parallel to the boundary between the building site
and the non-GR residential district. ,All such fences and
walls, except light fences, shall be located outside of any
easement for underground utilities and as close as prac-
ticable to the boundary. Light fences shall be located along
the boundary. Unless both sides of the fence are finished,
the finished side must face the non-GR district. Where a
building site containing~ building or structure lies
directly across a street from a non-GR residential district,
there must be the greatest practical amount of pervious area
and at least one qualified tree within the ten feet of the
building site nearest the non-GR residential district.
(6) Special Screens.
[
Loading docks and waste storage areas must be surrounded by
special screens. Any gates or openings in the special
screens must be kept securely closed when not in use. No
part of a waste storage area may be located within ten feet,
of any building site in a residential district.
(1) Parking Areas And Curb Cuts.
There must be a motor vehicle parking area which complies
with Article 10 of this Ordinance. On each building site, at
least 20 percent of the entire number of required parking
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spaces must be available for common use, not reserved for
specific persons or classes of persons. There may be no more I
than one curb cut per subdivided lot included in the building ~
site, provided however that the ZBA may issue a special
exception for additional curb cuts.
(8) Access.
~
Each building site must have legal access to a street and to
all necessary utilities.
(9) Drainage Facilities.
Each building site must contain any drainage facilities
required by the City's Code of Ordinances.
(f) Building Criteria.
(1) Uses.
Any structure which is designed, constructed, adapted or
maintained for a use or a density not specifically permitted
is prohibited.
(2) Signs.
At those times. when construction activity is being actively
pursu~d on a given building site pursuant to a permit iss~ed
by the City, all signs are prohibited except for one small
address marker and two other signs, each of which is either a
small real estate sign or a small construction sign. At all
other times, all signs are prohibited except one small real
estate sign and one small address marker per building site.
The ZBA may grant a special exception for one institutional 'l
sign if the ZBA finds that it will not unreasonably distract
drivers or pedestrians, will not otherwise create a safety
hazard and will not cause an unreasonable intrusion into the ~
neighborhood.
(3) Lighting.
All high output lighting devices must be designed,
constructed and operated so as to prevent them from directly
illuminating any part of another building site in a residen-
tial district or any part of a structure located thereon.
(4) Minimum Size.
Each dwelling unit must contain at least 150 square feet of
gross floor ar~a.
Section 1-103.
SECOND GENERAL RESIDENTIAL DISTRICT (GR2)
(a) G~neral.
This section applies only to the GR2 District. The purpose of this
district is to maintain and protect the City's general residential area and
to provide necessary regulations for buffering of adjacent areas with less-
intensive land uses.
(b) Regulations.
(1) All of the provisions of this Ordinance applicable to the GR1
District shall also apply to the GR2 District, except that
the maximum density regulation set out in the next paragraph
shall apply in lieu of the maximum density regulation appli-
cable to the GR1 District, the additional site criteria set
out in this section shall apply in lieu of the site dimen-
sions prescribed in the case of the GR1 District and the
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additional building criteria set out in this section shall
apply in addition to all other applicable regulations.
(2) On any given building site, the numbcir of dwelling units
divided by the acreage of the site may not exceed a factor of
24.
(c) Additional Site Criteria.
Each building site (except those used for utility and service uses or
for municipal uses) must have a minimum width of 100 feet, a minimum depth
of 100 feet and a minimum area of 40,000 square feet.
(d) Additional Building Criteria.
(1) Signs
If there are more than two dwelling units on a given building
site, there may be, in addition to any other signs not prohi-
bited, one medium address marker, which must be located
either upon a wall of a principal building or behind the
front wall of a principal building.
(2) Additional Fire Considerations.
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(i) The ZBA may issue a special exception for a zero
distance setback from a side property line separating
two building sites, but only upon application of both
property owners and only if the special exception is
conditioned upon the construction and maintenance of a
common wall or continuously abutting separate walls (in
either case with a four-hour fire rating or better)
along such line;
(ii) The maximum length of any building is 200 feet. To
separate buildings, there must be open space at least
five feet in width and so designed and maintained that
firefighters (with hoses) could pass through.
ARTICLE 8:
COMMERCIAL DISTRICT
Section 8-100. COMMERCIAL DISTRICT (e)
(a) General.
This section applies only to the C District. The purpose of this
District is to provide regulations for commercial areas compatible with
nearby residential areas and to provide-- for buffering of less-intensive
land uses.
(b) Uses Permitted.
(1) The following land uses, and no others, are permitted:
(i) Single family (detached) use, but only if the height
regulations, maximum densities, site criteria and
building criteria applicable within the SFl District (in
lieu of the comparable regulations in this Section) are
complied with at all times.
I.
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(il) Home occupations.
(iii) Utility or service uses.
(iv) Municipal uses.
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(v)
Light commercial uses.
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(vi) Park, playground or community center.
(2) The ZBA may issue a special exception for a medium commercial
use.
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( c ) He i gh t .
No structure may exceed 35 feet in height.
(d) Site Criteria.
(1) Setback Areas.
Except as specifically allowed by the Projections Schedule,
neither a structure nor any part of a structure is permitted
in any of the following areas:
(i) The area within 30 feet of the front street line.
(ii) The area within 15 feet of any side street line.
(iii}The area within five feet of any side property
line.
(iv) The area within five feet of the rear property line.
(v) The area within 10 feet of any portion of any SF
District.
(2) Special Setback Rules.
(i)
Except as specifically allowed by the Projections
Schedule, no part of any stru~ture may be located
nearer to any SF District than the height of the part
in question.
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(ii) The ZBA may issue a special exception for a setback
less than 30 feet from the front street line if the
street is a major thoroughfare, if the setback required
is at least ten feet and if the special exception is
conditioned upon the installation and maintenance of
the greatest practical amount of pervious area within
the reduced setback area.
(iii) The ZBA may issue a special exception for a zero
distance setback from a side property line separating
two building sites, but only upon application of both
property owners and only if the special exception is
conditioned upon the construction and maintenance of a
common. wall or continuously abutting separate walls (in
either case with a four-hour fire rating or better)
along such line.
(3) Open Areas.
At least 15 percent of each building site must be open area.
(4) Dimensions.
Each building site (except those used for utility and service
uses or municipal uses) must have the following minimum
dimensions:
~
(i) the minimum depth is 1~0 feet;
(ii) the minimum width is 15 feet; and
(iii) the minimum area is 1500 square feet.
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(5)
Pervious Areas And Trees.
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At least 15 percent of each building site must be per-
viousarea. Upon each building site there must be at least
one qualified tree for each 500 square feet (or part thereof)
of required pervious area, with a minimum of one qualified
tree per building site.
(6)
Frontage.
If a building site abuts both a residential street and a
major thoroughfare, none of the buildings on the building
site, none of the entrances to such buildings and no struc-
ture or device designed to provide goods or services may face
or be located adjacent to the residential street. If a
building site abuts a residential district, none of the
buildings on the building site and no structure or device
designed to provide goods or services may face the residen-
tial district directly. '
(1)
Transition Features.
[
If any part of the building site lies within 20 feet of any
residential district, there must be an opaque fence or wall
eight feet in height located on the building site along and
parallel to the boundary between the building site and the
residential district. All such fences and walls, except
light fences, shall be located outside of any easement for
underground utilities and as close as practicable to the
boundary. Light fences shall be located along the boundary.
Unless both sides of the fence are finished, the finished
side must face the residential district. Where a building
site containing a building or structure lies directly across
a street from a residential district, there must be the
greatest practical amount of pervious area and at least one
qualified tree (which shall be in addition to any other trees
required by this Ordinance) within the front ten feet of the
building site. .
(8)
Special Screens.
Loading docks and waste storage areas must be surrounded by
special screens. Any gates or openings in .the special
screens must be kept securely closed when not in use. No
part of a waste storage area may be located within ten feet I
of any residential district.
(9) Parking Areas.
There must be a motor vehicle parking area and loading area
which comply with Article 10 of this Ordinance. No part of
any building may be loca~ed more than 200 feet from the
nearest part of a loading area on the same building site.
(10) Drainage Facilities.
Each building site must have any drainage facilities required
by the City's Code of Ordinances.
(11) Access.
Each building site must have adequate legal access to a
street and to all necessary utilities.
(e) Building Criteria.
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(1) Uses.
Any structure which is designed, constructed, adapted or
maintained for a use or a density not specifically
permitted is prohibited.
(2) Principal Buildings.
The principal building on each building site (except those
used for utility and service uses or municipal uses) must
contain at least 1,400 square feet of gross floor area.
(3) Signs.
(i) On building sites containing ~hopping centers, all
signs are prohibited except one project sign, one large
address marker and, for each commercial unit, one large
tenant sign, one small address marker, one small tenant
sign and one small real estate sign.
(ii) On any other site, all signs are prohibited except one
large project sign, one small project sign, one large
real estate sign and one medium address marker.
(4) Building Materials..
The materials used to construct each building must be of
equal g~ade and quality on all sides. No bOilding may have
an exterior surface constructed of mirrored glass.
(5) Lighting.
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All high output lighting devices must be designed"
constructed and operated so as to prevent them from directly ~
illuminating any part of a building site in a residential ,\,1 I
district or any part of a structure located thereon. ~
ARTICLE 9. .
PLANNED DEVELOPMENT DISTRICTS
. ~.
Section 9-100. PO~POSE.
The intent of this article is to provide a flexible, alternative proce-
dure to encourage imaginative and innovative designs for the unified deve-
lopment of property in the City, with overall use regulations as set forth
below and in accordance with the ~ity's Comprehensive Plan. A Planned
Development District is designed:
(1) to allow development other than Single Family '(Detached) Uses
which is harmonious with close proximity to the SF District and
will provide a benefit to residents of the City;
(2) to enhance and preserve areas which are unique or have outstanding
scenic, environmental,cult~ral o~ historic significance;
(3) to provide an alternative for more efficient use of land,
resulting in smaller utility networks, safer streets, more open
space, and lower construction ard maintenance costs;
(4) to encourage harmonious and coordinated developm~nt, considering
natural features, community facilities, circulation patterns and
surrounding properties and neighborhoods;
(5) to facilitate the analysis of the effect of development upon the
tax base, the local economy, population, public facilities and the
environment; and
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(6) to require the application of professional planning and design
techniques to achieve overall coordinated developments and avoid
the negative effects of piecemeal or unplanned development.
Section 9-101. CERTAIN REGULATIONS
Within a POD, the applicable regulations shall be described in the
corr~sponding POD schedule. A POD schedule must require a minimum setback
from the front street line on each building site of five feet. A POD sche-
dule ma~ include the following land uses, and no others:
Proposed
Location of POD
(Or Part Thereof)
Land Uses
Permitted
Residential District
(other than SF)
Any land use per-
mitted in the GR2
District
Non-Residential
District
Any land use per-
mitted in the GR2
District or the C
District
Section 9-102. SITE CRITERIA.
A person applying for the establishment of a POD must own the entire
area subject to the application. The area must include either 40,000
square feet or more, all contiguous or separated only by a street, or
20,000 square feet or more, all contiguous and composed of one or more par-
cels previously owned as separate,lots.
r
Section 9-103. PROCEDURES
(a) The applicant must submit a development plat (which may be the
same as a plat submitted under another ordinance of the City, if allowed by
such other ordinance) and a development report containing a general
description of the proposed development and an analysis of traffic pat-
terns, streets, drainage, utilities, and maintenance of public spaces,
together with any additional items the City staff o~ the Z&PC may reason-
ably request~
(b) The processing procedure for approval of a PDD shall be the same
as for an amendment to this Ordinance. If a POD is approved, the Zoning
District Map shall be amended to show the POD boundaries, and a POD
Schedule shall be added to this Ordinance to provide the necessary regula-
tions.
ARTICLE 10.
PAR~TNG ANn IOAnTNr. ARRAq
Section 10-100. MINIMUM REQUIREMENT.
(a) Requirements For Types Of Building Space.
There must be off-street parking spaces in accordance with the
following minimum requirements for each ~ccupied building space within the
City:
(1) Residential Space.
I 2.5 parking spaces per dwelling unit, except upon building
I sites used for single family (detached) uses, where the
I requirement is as provided in Article 7 for building sites
! used for residential purposes in the SF District.
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231
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(2) Church Space (Including Auditoria).
One parking space for e~ch three seats in the main audi-
torium.
(3) Community Center, Library, School or Mus'eum Space (Including
Auditoria) .
Ten parking space,s, plus 3.33 additional spaces per 1,000
square feet of gross floor area in excess of 2,000 square
feet.
(4) Health Care Facility Space (Not Including Offices).
The greater of 1.50 spaces per b~d or 1.5fr spaces per
employee on the maximum work shift.
(5) Theatre Or Auditorium Space (Except As Included In Church,
Community Center, Library, School Or Museum).
The greater of:
(i) one parking space for each four seats; or
(ii) 1.5 parking spaces per 1,000 square feet of gross floor
area plus one space for each employee on the maximum
shift. '
(6) Office Space Used To Provide Medical Services.
Six parking spaces per 1,000 square feet of gross floor area.
(1) Other Office Space.
Four parking spaces per 1,000 square feet of gross floor
area.
(8) Physical Fitness Facility Space.
Ten parking spaces per 1,000 square feet of gross floor area.
(9) Studio And Gallery Space, Bank And Financial Services Space
(Except Space Used For Auto Intensive Uses).
The greater of:
(1) five parking spaces per 1,000 square feet of gross
floor area; or
(ii) three parking spaces per commercial unit.
(10) Any Space Used For Auto intensive Uses.
Ten parking spaces per 1,000 square feet of gross floor area.
(11) Retail Space Used For Rent~l Of Personal Property (Except
Space Used For Auto Intensive Uses).
Ten parking spaces per 1,000 square feet of gross floor area.
(12) Restaurant Space, Club, Cafe And Similar Recreation Or
Amusement Space (Except Space Used For Auto-Intensive Uses).
The greater of:
(i) one parking space for each three seats for the general
public; or
(ii) ten parking spaces per 1,000 square feet of gross floor
area.
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(13) Grocery Store Space, Including Neighborhood Convenience Store
Space.
Five parking spaces per 1,000 square feet,of gross floor
area.
(lq) Other Retail And Personal Service Space.
Five parking spaces per 1,000 square feet of gross floor
area.
(15) Utility Service Space, Research Or Testing Laboratory Space,
Laboratories, Warehouses.
One parking space for each three employees on the maximum
working shift, plus space to accommodate all trucks and other
vehicles used in ~onnection therewith.
(16) Shopping Centers.
The following requirements apply to all shopping centers, and
these requirements shall control over any inconsistent provi-
sions set out above:
(i) Shopping centers shall have at least four spaces per
1,000 square feet of gross floor area, plus any addi-
tional spaces required by this section.
(ii) If office space exceeds ten percent of the total gross
floor area of the shopping center, there must ,be at
least three additional spaces per 1,000 square feet of
office space in excess of ten percent of the total.
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(iii) If a shopping center includes a theatre or auditorium
occupying ten percent or less of the total floor area
of the center, there must be at least three additional
parking spaces for each 100 seats in the theatre or
auditorium. If cheat~e or auditorium space occupies
more than ten percent of the total floor area, the
seats are apportioned on a square-foot basis so that
one portion corresponds to ten percent of the total
floor area and the other portion corresponds to theatre
area in excess of ten percent. For the ten percent
portion, there must be at least three additional
parking spaces for each 100 seats, and for the portion
in excess of ten percent there must be at 'least 25
,additional spaces for each 100 seats.
(iv) If a shopping center includes any food service space,
there must be at least ten additional parking spaces
per 1,000 square feet of gross floor area of food ser-
vice space.
(17) Other Types Of Space.
The parking spaces requ~red for any type of building space
not specifically mentioned herein shall be ten spaces per
1,000 square feet of gross floor area used or occupied by
people.
(b) Requirement For Mixed-Use Buildings.
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In computing the parking requirements for any building, the total
parking requirement shall be the sum of the specific parking space require-
ments for each type of space included in the building, except as to
shopping centers.
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Section 10-101. SPECIAL REGULATIONS.
(a) Non-Single-Family Building Sites.
The following regulations apply with respect to each building site not
used for Single Family (Detached) Uses:
(1) Lighting.
Any lights used to illuminate a parking area shall be
designed, maintained and operated so as to minimize glare and
reflected light falling upon any adjacent property used for
residential purposes.
(2) Use Restrictions.
Parking areas shall be used for parking only, with no sales,
dead storage, display, repair work, dismantling or delayed
servicing of any kind.
(3) Garages.
Parking spaces within garages required by another section of
this Ordinance are counted in determining compliance with
this Article.
(4) Driveway Spaces.
Neither driveway spaces nor spaces within motor vehicle
maneuvering areas are counted in determining compliance with
this Article.
(5) Driveway Dimensions.
The driveway or driveways for access to each parking area
shall be not less than eight feet in width; provided,
however, that such driveway or driveways shall be not less
that 20 feet in width when the driveway distance from a
street exceeds 110 feet. The length of the driveway shall
not exceed 500 feet from any parking space to a street.
(6) Pervious Area, Exterior.
Each parking area shall be surrounded by a belt of pervious
area (which may include area within the right of way of a
street) at least five feet in width (three feet in width on
building sites used,primarily for Single Family [Attached]
Uses), except at those places occupied by perpendicular dri-
veways or sidewalks or by structures.
(7) Pervious Area, Interior.
Each parking area containing 21 or more parking spaces must
contain interior pervious areas in "island" or "peninsula"
configurations aggregating in area at least two square feet
for each parking space and containing at least one qualified
tree for each 20 parking spaces or portion thereof.
(8) Special Facilities.
Each parking area must have all spaces clearly marked on the
pavement surface, and there shall be wheel-stopping facili-
ties where needed to protect life or property.
(b) Single-Family BUilding Sites.
On each building site used for Single Family (Detached) Uses, each
required parking space must have hard-surfaced pavement. Twin "ribbons" of
pavement for driveways are permitted.
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Section 10-102. MINIMUM DIMENSIONS.
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The minimum dimensions for off-street parking shall be:
(1) Ninety-degree Angle Parking.
Each parking space shall not be less than nine feet wide and
not less than 18 feet in length. Maneuvering space shall be
not less than 23 feet in length or breadth.
(2) Sixty-degree Angle Parking.
Each parking space shall be not less than nine feei wide per-
pendicular to the parking angle and not less than 18 feet in
length ,when measured at right angles to the building or ,_~
parking line. Maneuvering space shall be not less than 18
feet perpendicular to the building or parking lines.
(3) Forty-five-degree Angle Parking.
Each parking space shall be not less than nine feet wide per-
pendicular to the parking angle and not less than 18 feet in
length when measured at right angles to the building or
parkin~lines. Maneuvering space shall be not less than 15
feet perpendicular to the building or parking lines.
(4) Private Walks.
A private walk, if provided adjacent to a business building,
shall be not less than five feet in width and shall be in
addition to the minimum requirement for parking and
maneuvering space herein required.
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(5) Additional Maneuvering And Driveway.
In addition to the foregoing minimum dimensions, there must
be such additional maneuvering space and driveways as may be
necessary to allow ordinary, practical use of each parking
space.
Section 10-103. LOCATION OF PARKING SPACES.
(a) All parking spaces required by this Ordinance must be located on
the same building site with the building or space served. However, for
building sites not used primarily for residential purposes, where an
increase in the number of spaces is required by a change or enlargement of
use or where such spaces are provided collectively by two or more buildings
or establishments, the required spaces may be located not to exceed 300
feet from the buildings served, within or without the City limits.
(b) The ZBA may issue a special exception to allow up to 15 percent of
the parking spaces required for churches or schools to be used jointly by
light commercial uses or municipal uses not normally open, used or operated
during the same hours as the churches or schools.
Section 10-104. LOADING SPACES.
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On the same building site with every bUilding used for business pur-
poses there must be adequate loading spaqe for the operations of the busi-
ness, separate and apart from the off-street parking spaces required by
this Ordinance. In determining the amount and location of loading spaces,
the building official shall take into account the type of use of the premi-
ses and types of vehicles likely to be used to serve the premises, but
there must be an area of at least ten by 30 feet for each 20,000 square
feet of gross floor area, or fraction thereof, in the building. In all
cases, the loading areas must be proportioned and located to eliminate the
pOSSibility that a service vehicle would be required to obstruct a street
or sidewalk while loading or unloading.
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ARTICLE 11.
VARIANCES AND
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Section 11-100. GENERAL.
(a) Variances.
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The ZBA may grant variances onLy in those instances specifically
allowed by State law, subject to any limitations prescribed by this
Ordinance. In connection with the issuance of any variance, the applicant
and the ZBA must comply with State law and this Article.
(b) Special Exceptions.
The ZBA may issue special exceptions only in those instances specifi-
cally allowed by this Ordinance. In connection with the issuance of any
special exception, the applicant and the ZBA must comply with this Article.
Section 11-101. PROCEDURES.
(a) The applicant for a variance or a special exception must submit to
the ZBA all of the following:.
(1) A written application signed by the owner of the building
site in question. This application must identify the speci-
fic provision of this Ordinance from which a variance is
requested or the specific provision which authorizes the spe-
cial exception requested, as the case may be. The ZBA may
prescribe the form of the applications.
(2)
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Proof of such ownership in a form satisfactory to the ZBA.
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A plat prepared by a registered public surveyor showing the
building site in question, areas adjacent to the building
site, existing structures and proposed structures. If
substantially the same information is shown on any plat .
required by Chapter 20 of the Code of. Ordinances, such plat
may be accepted by the ZBA.
(4) If requested by the ZBA, a traffic and parking analysis con-
forming to requirements as to scope, format and authorship as
may be prescribed by the ZBA.
(5)
Such other materials and information as may be requested by
the ZBA or the building official.
(6) The filing fee for the type of application in question.
(b) Before issuing or modifying any variance or special exception, the
ZBA must provide notice and an opportunity for any interested person to be
heard. The notice shall be given in accord-ance with Article 17 of this
Ordinance. The ZBA may cause additional notice to be given. The cost of
the additional notice shall be paid by the applicant before the notice is
given.
Section 11-102. FINDINGS.
(a) Variances.
TheZBA may not issue or modify a variance unless all of the following
circumstances are present:
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(1) The ZBA has made all findings and determinations required by
State law for the granting of a variance.
(2) The ZBA has made any additional findings and determinations
required by a specific provision of this Ordinance which
relates to the variance.
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(3) The variance has been reduced to writing and includes any
conditions prescribed by the ZBA or required by this
Ordinance for the variance in question.
(b) Special'Eice~tions.
The ZBA may not issue or modify a special exception unless all of
the following circumstances are present:
(1) The ZBA has determined that the proposed special exception
will not cause any significant increase in on-street parking,
will not cause any substantial traffic congestion, will not
cause any substantial increase in traffic or an unreasonable
burden upon utility systems or upon any other public facility
or public service.
(2) The ZBA has determined that the proposed special exception
will be in harmony with the general purpose and intent of
-this Ordinance.
(3) If the proposed special exception involves a bar, the ZBA has
found that the applicant has clearly demonstrated that there
is a readiness, willingness and ability to comply with all
applicable laws, rule~, regulations and 6rdinances relating
to al~oholic beverages. '
(4) The ZBA has made any additional findings and determinations
required by a specific provision of this Ordinance.
(5) The special exception has been reduced to writing and includes
any conditions prescribed by the ZBA or required by this
Ordinance for.the special exception in question.
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Section 11-103. CONDITIONS
The ZBA may prescibe conditions in connection with any variance or spe-
cial exception to the extent necessary to enable the ZBA to make any of the
findings or determinations necessary for the granting or issuance of the
variance or special exception or to the extent otherwise necessary to mini-
mize or diminish any adverse effects of the variance or special exception.
Variances and special exceptions may be issued for a temporary period. All
variances and special exceptions shall remain subject to the regulatory
jurisdiction of the City, and none shall be deemed to grant any property
right or vested right of any kind.
ARTICLE 12.
PRIOR NON-CONFORMITIES
Section 12-100. PURPOSE.
The purpose of this article is to establish rules to allow prior non-
conformities ("PNC's") to continue until they are removed or terminated,
but not to encourage their survival. It is also the purpose of this
article to prevent the enlargement, expansion or extension of PNC's and to
limit the degree of non-conformity of PNC's.
Section 12-101. BURDEN OF PROOF.
('
As provided in Article 6, PNC status is an affirmative defense, so it
is the burden of the person desiring PNC status to prove all facts
necessary to show the acquisition of PNC status and to show that PNC status
has not been lost.
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Section 12-102. ACQUIRING P.N.C. STATUS.
(a) Sites. Structures. Etc.
Any of the items described below is deemed to acquire PNC status on a
given effective date when it became. or hereafter becomes. unlawful under a
zoning ordinance of the City or under an amendment to such an ordinance if.
immediately prior to the effective date. it was not u~lawful. The items
are as follows:
(1) A building site separately existing on the effective date.
(2) Any structure in existence on the effective date.
(3) Some aspect. use or part of one of the foregoing in existence
on the effective date.
(b) Work Under Construction.
For purposes of acqUiring PNC status. any structure for which all
necessary building permits have been applied for (by filing complete and
effective plans. specifications. applications and all other required items.
including fees) prior to a given effective date shall be treated the same
as a building in exist,ence on the ef'f'ective date. but only if' all such per-
mits are actually issued (before or after theeff'ective date) and the
structure is completed substantially in accordance with the same plans and
specifications f'iled initially to obtain the necessary City permits. '
within the time allowed by those permits. including any extensions lawfully
granted. The ZBA may grant a special exception to allow a partially-
completed building to be treated the same as a building in existence on the
effective date. but only if all of the part's significant structural ele-
ments. including the roof and all load-bearing members. were completed as
of the effective date and the part is fully completed within five years
thereafter.
(c) Other Committed Work.
For purposes of' acquiring PNC status. any principal building
constructed new or substantially remodeled after the 1987 ef'f'ective date
for which all of the following criteria are present shall be treated the
same as a structure in existence as of the 1987 eff'ective date:
(1) Pre-Ordinance Site Acquisition.
The person initially claiming PNC status for the building
("applicant") must have acquired fee simple title to the
entire building site for the building on or before the 90th
day preceding the 1987 effective date.
(2) Diligent Progress To Completion.
The applicant must also make. or cause to be made. diligent
progress toward the completion of the principal building.
Such progress must include both of the following steps:
(i) Completion of' the plans and .specif'ications and the
filing (by the applicant) of' complete and effective
applications f'or all necessary building permits incor-
porating such completed plans and specif'icationsj on or
bef'ore the 90th. day f'ollowing the 1987 effective date.
(ii) Completion of the construction or remodeling substan-
tially in accordance with the same plans and specif'ica-
tions filed initially to obtain the necessary City
permits. ,within the time allowed by those permits.
including any extensions lawfully granted.
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SECTION 12-103. LOSS OF P.N.C STATUS.
['
(a) General Circumstances.
Any item loses ~NCstatus in the f'ollowing circumstances:'
(1) New Principal Building.
Any item loses PNC status with respect to a given building
site if. after the 1987 effective date, a new principal
building is constructed on the same building site (except for
those principal builuings treated the same as structures in
existence as of a given ef'f'ective date pursuant to the provi-
sions of this Article).
(2) Conformance Is Achieved.
Any item loses PNC status, if it is.changed to conf'orm to 'this
Ordinance for an indef'inite period or f'or 180 days or more.
(3) PNC Is Discontinued.
Any item loses PNC status if it is discontinued for 180 days
or more.
(4) Violation Of Special Conditions.
Any item specially authorized by a zoning ordinance of the
City or by a special exception. variance. permit or other
authorization loses PNC status if' any conditions or terms
imposed in connection with the authorization are violated or
are no longer observed or f'ulfilled.
(5) Degree Of' Non-Conformity Increased.
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I Any item loses PNC status to the extent that the degree of
I non-conformity is increased or that the area in which there
t is non-conformity is expanded. except as follows:
(i) This provision does not apply to the initial work on
those structures treated the same as structures in
existence on a given effective date pursuant to the
provisions of this Article.
(ii) If' a principal building in the SF District acquired PNC
status on the 1987 effective date because of' a non-
conformity with a side setback requirement. the
building does not lose its PNC status with respect to
that specif'ic non-conformity if the non-conformity is
expanded or increased as a result of a remodeling pro-
ject and the gross floor area of the p~incipal building
has not increased tfr 200% or more of its gross floor
area on the 1987 effective date. A principal building
so remodeled has the same PNC status as the original
building with respect to the side setback requirement.
(iii) This provision does not require the addition of more
off-street parking spaces than are indicated on the PNC
schedule.
(b) Special Circumstances.
Any item loses PNC status in any of' the circumstances indicated on the
PNC Schedule which is attached to this Ordinance and made a part hereof.
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ARTICLE 13.
ENFORCEMENT
Section 13-100. CERTAIN PERMITS.
Except as provided below, a permit is required for each of the
following:
(1) The erection, moving, construction or alteration of any
structure within the City.
(2) The occupancy of any building space.
(3) A change in the occupancy of any building space, whether by
change in ownership, tenancy or otherwise.
(4) A change in the use of any bUilding site or structure.
(5) Any change which would affect the number of off-street
parking spaces required by this Ordinance for a given
building or building space.
Section 13-101. OTHER ORDINANCES.
The City Council, by ordinance, may prescribe terms, conditions, fees,
regulations, exceptions and procedures for the permits required by this
Ordinance and may provide for consolidated permits to enforce not only this
Ordinance but also the other ordinances and regulations of the City.
Section 13-102. PROCEDURES.
Unless otherwise prescribed by the City Council by ordinance, a person
desiring a permit under this Ordinance must apply in writing to the
building official. Any person aggrieved by any action or inaction of the
building official with respect to this Ordinance may pursue those appeals
prescribed by State law or other ordinance of the City.
Section 13-16~. 'PROOF,OF CERtAIN FACTS.
(a) HuH iple"':Family Residence.
Either of the following shall constitute prima facie evidence that two
or more families reside upon a given building site:
(1) Proof that seven or more people, with at least three dif-
ferent family names among them, reside upon the building
site.
(2) Proof that two or more per~ons pay money or give any thing of
value to one third party in exchange for the right to live
upon separate portions of the bUilding site, where each
separate portion is phYSically separated from the others and
each has a separate entrance to the outside.
(b) Single-Family BUilding.
The following shall constitute prima facie evidence that abuilding is
maintained for a residential use other than single-family (attached) use or
single-family (detached) use: proof that the building has been separated
into two or more rooms or groups of rooms by partitions, locked doors or
other devices with the effect of exclUding persons who could live in one
part of the building from another part of the building which could be used
as living space by one or more other persons.
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(c) Control Of Property.
Proof that a person has either arranged for or paid for any utility
service for a given bu~ldiri~ site shall constitute prima facie evidence
that the person controls the site and all structures thereon during those
times that the service is so arranged for or paid for. Such proof may con-
sist of excerpts from the customer billing records of the company or entity
providing the service.
(d) Ownership Of Property.
Either of the following shall constitute prima facie evidence that a
person owns a ~iven property:
(1) Proof that the person is shown on the current City tax roll
as the owner of the property.
(2) Proof that the property was conveyed (or purportedly
conveyed) to the person by deed, bill of sale or other docu-
ment, together with proof that a search has revealed no simi-
lar document conveying (or purporting to convey) the property
to someone else.
(e) Multiple Utility Service.
Proof that a person has either arranged for or paid for any utility
service for a given building site shall constitute prima facie evidence
that the service so arranged for or paid for is provided to that person
during those times that the service is so arranged for or paid for. Such
proof may consist of excerpts from the customer billing records of the com-
payor entity providing the service.
(f) Proof Of Residence.
For purposes of this Ordinance only, any of the following shall consti-
tute prima facie evidence that a person resides in a given place:
(1) Proof that the person is registered to vote with the place
listed as his or her residence.
(2) Proof that the person has arranged for or paid for any uti-
lity service with respect to the place, if the place is a
residence, without giving the company or entity providing the
service another address as the person's residence.
(3) Proof that the person has given the address of the place as
the person's address without indicating that it is temporary
or "in care of" another person.
(4) Proof that, according to official records of the Texas
Department of Public Safety (or its successor), the person's
address is at the given place.
(5) Proof that the person has stayed overnight at the given place
more than once over an extended period of time. Such proof
may consist of one or both of the following, or other proof:
(i)
Proof that the person was present at the place
hour or longer between the hours of 2:00 A.M.
A.M. on any two days separated by at least 42,
more than 90, intervening days.
for an
and 1:00
but not
(ii) Proof that a motor vehicle registered in the person's
name was present upon or adjacent to the place for an
hour or longer between the hours of 2:00 A.M. and 1:00
A.M. on any three separate days, where the first day
and the last day are separated by at least 42, but not
more than 90, intervening days; together with proof
that the person operated the vehicle on at least one of
the tl:1ree days.
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Section 13-10Q. MAINTENANCE OF FACILITIES, ETC.
Any facilities or structures required to comply with this Ordinance or
with any variance or special exception must be maintained in good working
order. .
ARTICLE 14.
AMENDtiENTS
Section 14-100. MANNER OF INITIATION.
(a) Any interested person may initiate the consideration of an amend-
ment to this Ordinance by submitting the proposed amendment to the Z&PC
together with any required filing fee and any information and materials the
Z&PC may require.
(b) The City Council, the ZBA, 'other boards and commissions of the
City and the officers and employees of th~ City acting in their official
capacities may also initiate the consideration of amendments to this
Ordinance by submitting them to the Z&PC together with any information and
materials the Z&PC may require.
(c) The Z&PC may initiate the consideration of a proposed amendment on
its own motion.
Section 14-101. PROCEDURE AND HEARINGS.
In connection with the adoption of any proposed amendment to this
Ordinance, the Z&PC and the City Council shall comply with State law with
regard to procedure and hearings.
Section 1Q-102. SPECIAL MAJORITIES.
The number of votes on the City Council required to approve an amend-
ment is determined by the City Charter, except that; when the number of
written protests requ~red by TEX. REV. CIV. STAT. ANN. art. 1011e
(Vernon's Supp. 1987), or any successor statute, is recieved with respect
to a given amendment subject to such statute, the number of votes required
to approve the given amendment is determined by such statute.
ARTICLE 15.
BOARD OF ADJUSTMENT AND
ZONING AND PLANNING COMMISSION
The ZBA and the Z&PC shall be constituted as prescribed by the City's
Charter. They shall have the powers and duties as may be prescribed by the
City Charter as well as any additional responsibilities provided in this
Ordinance and other ordinances of the City. '
ARTICLE 16.
MISCELLANEOUS PROVISIONS
Section 16-100. 'HOME OCCUPATIONS.
A home occupation is a business activity upon a given building site
which meets all of the following criteria:
(1) It is carried on exclusively by persons who lawfully reside
upon the building site without the employment of any other
person, whether paid or unpaid.
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(6)
(7)
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It does not involve any sign or other means of advertisement
on or near the building site.
It doe~ not involve any significant storage of goods or fix-
tures.
It does not require any specialized building or structure, or
any modification of a building or structure.
It does not involve the transmission of sound or electronic
impulses other than by means of utility services.
It does not cause any significant increase in traffic or on-
street parking.
It causes no noise, odor, discharge of any substance or gas,
vibration or other condition detectable from outside the
building site in question.
Section 16-101. NOTICES.
(a) Notice of hearings on variances and special exceptions shall be
given, in a form prescribed by the ZBA, at least ten days before the
hearing, as follows:
(1) By mailing a copy of the notice to the owners of bUilding
sites located within the City and located in whole or in part
within 200 feet of any part of the building site upon which
the variance or special exception is sought, as such owners
are shown on the most recent tax roll of the City.
(2) By publishing the notice in a newspaper of general cir-
culation in the City, unless the ZBA requires that a notice
be posted on the building site in question, in which case the
notice shall be posted as prescribed by the ZBA.
(b) The ZBA may prescribe whether any additional notice is required
for rehearings of a matter for which notice is init~ally given as
prescribed above, and if additional notice is prescribed, the ZBA may also
prescribe the form and manner of giving any such additional notice.
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Section 16-102. FRONTAGE AND SIDE STREET SETBACK.
(a) Where a large corner lo~ in the SF District is subdivided into two
or more smaller building sites, the smaller building site occupying the
corner may have such different dimensions or other characteristics that it
could front upon a ,street different from the street that the large corner
lot fronted upon before it was subdivided. For such a building site, the
ZBA may issue a special exception to change the front street line from one
street to another if it finds that the change will not unduly alter the
character of the immediate neighborhood and will not unreasonably interfere
with sight lines or other safety factors.
(b) In connection with any such special exception, the ZBA may impose
as a condition that no part of any structure (except those specifically
described in the special exception) shall be permitted within a certain
distance from the new side street line (formerly the front street line) of
the building site in question. The distance may be determined by the width
of the building site measured along the new front street line (formerly the
side street line), as follows:
Minimum
~'itb:ilQI, lHstaRee
Width of RllilrlinR" C::it..
i1
,
,
,
,
I
I
I .
~
Less than 60 feet
10 feet
60 feet or more, but less than
70 feet
15 feet
5418:DR918-1+:
---------------------------------------------------------------------------
Page
AMENDATORY ZONING ORDINANCE
43
1.,ln
! .IIIlIU
....']'
~43
..I.
JIUtllllll!ll, I
UIII
I I
10 feet or more, but less than
80 feet
20 feet
,I
\ I
'----.1
80 'feet or more
The same setback
distance which would
be required if the
side street line were
the front street line
Section 16-103_ TRANSITIONAL PROVISION.
(a) This Ordinance applies only to violations committed on or after
its effective date, and a violation committed before the effective date is
governed by the zoning ordinance existing before the effective date. The
zoning ordinance existing before the effective date is hereby continued in
etfect for such purpose as if this ordinance were not in force. For pur-
poses of this section, a violation is committed on br after the effective
date of this ordinance if any element of the violation occurs on or after
the effective date. '
(b) The zoning ordinance existing before the effective date of this
ordinance is also continued in effect for purposes relating to PNC status
and for any other purpose required for the application or interpretation of
another provision of this Ordinance
Section 16-104. SEVERABILITY.
If any word, phrase, clause, sentence, paragraph, section or other part
of this Ordinance, or the application thereof to any person or cir-
cumstance, shall ever be held to be invalid or unconstitutional by any
court of competent jurisdiction, the remainder of this Ordinance and the
application of such word, phrase, clause, sentence, paragraph, section or
other part of this ordinance to any other persons or circumstances shall'~
not be affected thereby.' ~
Section 16-105. REPEALER.
All ordinances and parts of ordinanc~sinconflict herewith are hereby
repealed to the extent of the conflict only.
Section 16-106. OPEN MEETINGS.
The City Council officially finds, determines and declares that a suf-
ficient written notice of the date, hour, place and subject of each meeting
at which this Ordinance was discussed, considered or acted upon was given
in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN.
art. 6252-11, as amended, and that each such meeting has been open to the
public as required by law at all time~ during such discussion, con-
sideration and action. The City Council ratifies, approves and confirms
such notices and the contents and posting thereof.
Section 16-101. EFFECTIVE DATE.
This Ordinance takes effect on the tenth day following its publication,
as required by Section 2.12 of the City Charter.
J
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 44
PASSED AND APPROVED ON FIRST READING this 28th day of September
, 19--1!Lo
I'
L
r
Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell,
Schwartze1
Councilmembers Voting No:
Counci1members Absent:
PASSED AND APPROVED ON SECOND
October , 19 -..aL 0
Counci1member Britton
None
AND FINAL READING this
12th
10244
day of _
Councilmembers Voting Aye: Mayor Parks, Council members Bryan, Bell,
Schwartze1
Councilmembers Vot ing No: Counci 1member Britton
Counci1members Absent: None
Signed:
ATTEST:
[Ll~ ~~~
City S~eta
(Seal)
~
I
I
~
APPROVED AS TO FORM:
J~~
,r---., .
I
I I
'---'
5418:DR918-1+:
AMENDATORY ZONING ORDINANCE
Page
~ -
1~ _~__.r::::
..:.J:~~
__~lJillLl.
I" .
45
,.. ...I "
,Jnlllllllll.,.II..1
iLlli.:J
: t.,t2~'J S"
SCHEDULE PDD-TH1
(This Schedule is an integral part of the Zoning Ordinance of the City of
West University Place, Texas.)
BELLAIRE BOULEVARD TOWNHOUSE P.D.D.
("PDD-TH1 District")
(a) General.
(1) This schedule applies only to the PDD-THl District. The pur-
pose of this District is to maintain and protect one of the
City's planned single-family, attached-building residential
areas and to provide necessary regulations for buffering of
adjacent areas with less-intensive land uses.
(2) All of the provisions of this Ordinance shall apply to this
District as if it were part of the TH District, except that
the additional provisions set out in this Schedule shall also
apply to this District. In case of any conflict or incon-
sistency between any provision in this Schedule and any other
provision of this Ordinance, the provision in this Schedule
shall control.
(b) Additional Site Criteria.
(1) Parking Areas.
There must. be motor vehicle parking area which complies with
Article 10 of this Ordinance, except that the minimum number
of parking spaces per dwelling unit shall be three, where one
space per dwelling unit is available as guest parking.
Parking shall not be permitted above ground level.
(2) Additional Access Provisions.
(i) If a building site abuts both Bellaire Boulevard and
another street, then all vehicular access shall be from
the other street, and' no more than two curb cuts shall
be allowed. However, in the case of the development of
Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block
1, Kent Place Addition, if Lot 6 is included in the
same building site or in a joint development with the
other lots, vehicular access shall be limited to one
curb cut on Mercer Street.
(ii). If a building site abuts only Bellaire Boulevard, vehi-
cular access shall be limited to two curb cuts.
(iii) The design of all access driveways and other pathways
must be coordinated with adjacent properties so as to
allow a coordinated and integrated circulation system
with the adjoining properties. .
(iv) Residents of adjacent building ~ites in the same
district shall be granted rights of ingress and, egress
over the entire circulation system.
(v) Each driveway must be at least 20 feet wide.
(vi) Cul-de-sac drive~ays may not exceed 50 feet in length
if a terminus is not provided or 200 feet in length if
a terminus is provided. Termini must have adequate
dimensions to allow turning.
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 46
u
J
lJ
'f"246
. >;. ,
(3)
Additional Setback Regulations (Living Space)
No living space shall be permitted within the distances from
property lines indicated below:
I'
I
I
Distance From Property Line (Feet)
Front Side Side Rear
Street Street Prop. Prop.
Condition Line Line Line Line
------------------- -------- -------- ------- -------
Blank bUilding wall
or wall with solid-
core, one-hour rated
doors separates
living space from
'property line.
10
5
5
20
Other building wall
separates living
space from property
line and--
--six-foot or taller
fence or wall stands
between building
and property line
12
10
10
20
--there is no such
fence or wall
15
12
10
20
n
I '
r I
I I
\~
(c) Additional Building Criteria.
(1) Dwelling Unit Size.
Each dwelling unit must contain at least 1,600 square feet of
gross floor area and shall be at least 16 feet in width
(measured ,to include outside walls and one-half of any common
walls) .
(2) Spacing Of Dwelling Units.
Except where dweiling units are separated by common walls,
the minimum distance between dwelling units shall be as
follows:
(i) No part of any dwelling unit may be closer than five
feet to another dwelling unit.
(ii) No window may be closer than 50 feet to a facing window
to living space in another dwelling unit.
(iii) Neither eaves nor balconies may be closer than 40 feet
to a facing window to living space in another dwelling
unit.
(iv) Neither windows to living space nor balconies may be
closer than 20 feet to any facing wall of another
dwelling unit. '
(3)
Courtyard.
~
I
Notwithstanding any other provision of this Ordinance, there
may be an enclosed courtyard formed by a masonry fence or
wall along the property lines in front of the dwelling units,
the fence or wall being no more than six feet high in front
of the dwelling units and not more than eight (eet high on
the sides and the rear.
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 47
~~.
: . .(",
.' c, ~2 4 ?
I
JIJIll[IllfTlT,-'--- L nc:.T. - -
.---- - r-I- ~ - ---I
SCHEDULE PDD-TH2
(This Schedule is an integral part of the Zoning Ordinance of the City of
West University Place, Texas.)
rl
. I
'-----'
KIRBY DRIVE TOWNHOUSE P.D.D.
("PDD-TH2 District")
(a) General.
(1) This schedule applies only to the PDD-TH~ District. The pur-
pose of this District is to maintain and protect one of the
City's planned single-family, attabhed-building residential
areas and to provide necessary regulations for buffering of
adjacent areas with less-intensive land uses.
(2) All of the provisions of this Ordinance shall apply to this
District as if it were part of the TH District, except that
the additional provisions set out in this Schedule shall also
apply.to this District. In case of any conflict or incon-
sistency between any provision in this Schedule and any other
provision of this Ordinance, the provision in this Schedule
shall control.
(b) Additional Site Criteria.
(1) Parking Areas.
There must be motor vehicle parking area which complies with
Article 10 of this Ordinance, except that one space per
dwelling unit must be available as guest parking. Parking
shall not be permitted above ground level.
(2) Additional Access Provisions.
(i) If a building site abuts both Kirby Drive ~nd another
street, there may be one curb cut on Kirby Drive and on
each other abutting street.
(ii) If a buil~ing site abuts only Kirby Drive, vehicular
access shall be limited to two curb cuts.
fl.
LJ
(iii) The design of all access driveways and other pathways
must be coordinated with adjacent properties so as to
allow a coordinated and integrated circulation system
with the adjoining properties.
(iv) Residents of adjacent building sites in the same
district shall be granted rights of ingress and egress
over the entire circulation system.
(v) Each driveway must be at least 20 feet wide.
(vi) Cul-de-sac driveways may not exceed 50 feet in length
if a terminus is not provided or 200 feet in length if
a terminus is provided. Termini must have adequate
dimensions to allow turning~
(3) Additional Setback Regulations (Living Space)
No living space shall be permitted within the distances from
property lines indicated below:
!
I
i I
I I
'-.....J
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 48
,:',>~48
Distance From Property Line, (Feet)
II
'--~
Front
Street
Condition Line
Side
Street
Line
Side
Prop.
Line
Rear
Prop.
Line
Blank building wall
or wall with solid-
core, one-hour rated
doors separates
living~pace from
property line.
5
5
5
20
Other building wall
separates living
space from property
line and--
--six-foot or taller
fence or wall stands
between building
and property line
10
8
10
20
--there is no such
fence or wall
12
10
10
20
(c) Additional Building Criteria.
(1) Dwelling Unit Size.
['
Each dwelling unit must contain at least 1,400 square feet of
gross floor area and shall be at least 16 feet in width
(measured to include outside walls and one-half of any common
walls) .
(2) Spacing Of Dwelling Units.
Except where dwelling units are separated by common walls,
the minimum distance between dwelling units shall be as
follows:
(i) No part of any dwelling unit may be closer than five
feet to another dwelling unit.
(ii) No window may be close,r than 50 feet to a facing window
to living space in another dwelling unit.
(iii) Neither eaves nor balconies may be closer than 40 feet
to a facing window to living space in another dwelling
unit.
(iv) Neither windows to living space nor balconies may be
closer than 20 feet to any facing wall of another
dwelling unit.
(3) Courtyard.,
I'
Notwithstanding any other prov1s1on of this Ordinance, there
may be an enclosed courtyard formed by a masonry fence or
wall along the property lines in front of the dwelling units,
the fence or wall being no more than six feet high in front
of the dwelling units and not more than eight feet high on
the sides and the rear.
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 49
1-']-
i-:-m"]
I I U! JllIII'
to,
249
~" ~
,[
.1I111111i[ i
1IIIl'I
L-'
SCHEDULE PDD-TH3
---,
(This Schedule is an integral part of the Zoning Ordinance of the City of
West University Place, Texas.)
BROWNING TOWNHOUSE P.D.D.
("PDD-TH3District")
,---,'
(a) General.
(1) This schedule applies only to the PDD-TH3 District. The pur-
pose of this District is to maintain and protect one of the
City's planned single-family~ attached-building residential
areas and to provide necessary regulations for buffering of
adjacent areas with less-intensive land uses.
(2) All of the provisions of this Ordinance shall apply to this
District as if it were part of the TH District, except that
the additional provisions set out in this Schedule shall also
apply to this District. In case of any conflict or incon-
sistency between any provision in this Schedule and any other
provision of this Ordinance, the provision in this Schedule
shall control.
(b) Additional Site Criteria.
(1) Parking Areas.
There must be motor vehicle parking area which complies with
Article 10 of this Ordinance, except that only two parking
spaces per dwelling unit are required. Parking shall not be
. permitted above ground level.
J
(2) Ad~itional Access Provisions.
(i) If a building site abuts Browning, there may be only
one curb cut on that street pe~ dwelling unit.
(ii) There may be no more than one curb cut on Academy or on
~eslayan.
(iii) The design of all access driveways and other pathways
must be coordinated with adjacent properties so as to
allow a coordinated and integrated circulation system
with the adjoining properties.
(iv) Residents of adjacent building sites in the same
district shall be granted rights of ingress and egress
over the entire circulation system.
(v) Each driveway must be at least 20 feet wide.
(vi) Cul-de-sac driveways may not exceed 50 feet in length
if a terminus is not provided or 200 feet in length if
a terminus is provided. Termini must have adequate
dimensions to allow turning.
(3) Special Setback Regulations (Living Space)
No living space shall be permitted within the distances from
property lines indicated below:'
]
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 50
n
[1
u
, ~ :~.~. (~:
250
Distance From Property Line (Feet)
Front
Street
Condition Line
Side
Prop.
Line
Rear
Prop.
Line
Side
Street
Line
---~--------------- --------
Blank building wall
or wall with solid-
core, one-hour rated
doors separates
living space from
property line. 5 5 5 20
Other building wall
separates living
space from property
line and--
--six-foot or taller
" fence or wall stands
.. between building
and property line 10 8 10 20
--there is no such
fence or wall 12 10 10 20
(c) Additional Building Criteria.
(1) Dwelling Unit Size.
Each dwelling unit must contain at least 1,400 square feet of
gross floor area and shall be at least 16 feet in width
(measured to include outside walls and one-half of any common
walls) .
(2) Spacing Of Dwelling Units.
Except where dwelling units are separated by common walls,
the minimum distance between dwelling units shall be as
follows: '
(i) No part of any dwelling unit may be closer than five
feet to another dwelling unit.
(ii) No window may be closer than 50 feet to a facing window
to living space in another dwelling unit.
(iii) Neither eaves nor balconies may be closer than 40 feet
to a facing window to living space in another dwelling
unit .
(iv) Neither windows to living space nor balconies may be
closer than 20 feet to any facing wall of another
dwelling unit.
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 51
~
~-::L...
. L........L1.Lllu.llUalll.
.. r...
~
" ..I,..
nrmr~---;-----~----------.:=IJrITl'- -:---1-[ - "'---'I~- - ~ - "'~J- -. -...
-,
(>
C'o ,- ,
. "'\ IN
r. U....
SCHEDULE PDD-TH11
(This Schedule is an integral part of the Zoning Ordinance of the City of
West University Place, Texas.)
WESLAYAN TOWNHOUSE P.D.D.
("PDD-TH4 District")
(a) General.
(1) This schedule applies only to the PDD-TH4 District. The pur-
pose of this District is to ma~ntainand protect one of the
City's planned single-family, attached-building residential
areas and to provide necessary regulations for buffering of
adjacent areas with less-intensive land uses.
(2) All of the prov1s10ns of this Ordinance shall apply to this
District as if it were part of the TH District, except that
the additional provisions set out in this Schedule shall also
apply to this District. In case of any conflict or incon-
sistency between any provision in tnis Schedule and any other
provision of this Ordinance, the provision in this Schedule
shall control.
(b) Additional Site Criteria.
(1) Parking Areas.
There must be motor vehicle parking area which complies with
Article 10 of this Ordinance, except that at least one space
per dwelling unit shall be kept available as guest parking.
Parking shall not be permitted abovegr6und level.
(2) Additional Access Provisions.
If a building site abuts both Weslayan and another
street, there may be onl~ one ~urb cut on each street.
(ii) If a building site abuts only Weslayan, there may 6e no
more than two curb cuts on Weslayan.
(1)
(iii) The design of all access Ariveways and other pathways
must be coordinated with adjacent properties so as to
allow a coordinated and integrated circulation system
with the adjoining properties.
(iv) Residents of adjacent bu~lding sites in the same
district,shall be granted rights of ingress and egress
over the entire c~rculation system.
(v) Each driveway must be at least 20 feet wide.
(vi) Cul-de-sac driveways may not exceed 50 feet in l~ngth
if a terminus is not provided or 200 feet in length if
a terminus is provided. Termini must have adequate
dimensions to allow turning.
(3) Special Setback Regulations (Living Space)
No living space shall be permitted within the distances from
property lines indicated below:
---------------------------------------------------------------------------
5418:DR918-1+:
AMENDATORY ZONING OR
DINANCE
1-:
IJ
o
lJ
252
Distance From Property Line (Feet)
r
Front
Street
Condition Line
Side
Street
Line
Side
Prop.
Line
Rear,
Prop.
Line
------------------- --------
Blank building wall
or wall with solid-
core, one-hour rated
doors separates
living space from
property line.
5
5
5
20
Other building wall
separate~ living
space from property
line and--
--six-foot or taller
fence or wall stan~s
between building
and property line
10
8
10
20
--there is no such
fence or wall
12
10
10
20
(6) Additional Building Criteria.
o
(1) Dwelling Unit Size.
Each dwelling unit must contain at least 1,400 square feet of
gross floor area and shall beat least 16 feet in width
(measured to include outside walls and one-half of any common
walls).
(2) Spacing Of Dwelling Units.
Except where' dwelling units are separated by common walls,
the minimum distance between dwelling units shall be as
follows:
(i) No part of any dwelling unit may be closer than five
feet to another dwelling unit.
(ii) N6 window ~ay be closer than 50 feet to a facing window
to living space in another dwelling unit.
(iii) Neither eaves nor balconies may be closer than 40 feet
to a facing window to living space in another dwelling
unit .
(iv) Neither windows to living space nor balconies may be
closer than 20 feet to any facing wall of another
dwelling unit.
(3) Courtyard.
G
II
Notwithstanding any other provision of this Ordinance, there
may be an encolosed courtyard formed by a masonry fence or
wall along the property lines in front of the dwelling units,
the fence or wall being no more than six feet high in front
of the dwelling units and not more than eight feet high on
the sides and the rear.
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 53
253 .
'., {~
'..' I I:,
:JIIJIll[IlIfTIT""l
---------r::m:::r ~ ~ T" ~,....----..,~~....-----!
SCHEDULE PDD-TH5
(This Schedule is an integral part of the Zoning Ordinance of the City of
West University Place, Texas.)
------
I
I
I
~
BISSONNET TOWNHOUSE P.D.D.
("pbD-TH5 District")
(a) General.
(1) This schedule applies only to t~e, PDD-TH5 District. The pur-
pose of this District is to maintain and protect one of the
City's planned single-family, attached-building residential
areas and to provide necessary regulations for buffering of
adjacent areas with less-intensive land uses.
(2) All of the provisions of this Ordinance shall apply to this
District as if it were part of the TH District, except that
the additional provisions set out in this Schedule shall also
apply to this District. In case of any conflict or incon-
sistency between any provision in this Schedule and any other
provision of this Ordinance, the provision in this Schedule
shall control.
(b) Additional Site Criteria.
(1) Parking Areas.
There must be motor vehicle parking area which complies with
Article 10 of this Ordinance, except that at least one space
per dwelling unit shall be kept available as guest parking.
Parking shall not be permitted above ground level.
II
I
.~
(2) Additional Access Provisions.
(i) If a building site abuts both Academy and Bissonnet, no
curb cuts on Bissionnet and no 'more than two curb cuts
on Academy are permitted.
(ii) If a building site abuts only Bissonnet, there may be
no more than two curb cuts.
(iii) The design of all access driveways and other pathways
must be coordinated with adjacent properties so as to
allow a coordinated and integrated circulation system
with the adjoining properties.
(iv) Residents of adjacent building sites in the same
district shall b~ granted rights of ingress and egress
over the entire circulation system.
(v) Each driveway must be at least 20 feet wide.
(vi) Cul-de-sac driveways may not exceed 50 feet in length
if a terminus is not provided or 200 feet in length if
a terminus is provided. Termini must have adequate
dimensions to allow turning.
(3) Additional Setback Regulations (Living Space)
No living space shall be permitted within the distances from
property lines indicated below:
I I
I I
~
---------------------------------------------------------------------------
5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 54
[
[
Ii
L:
'254
Distance Frem Property Line (Feet)
Condition
Front
Street
Line
Rear
Prop.
Line
Side
Street
Line
Side
Prop.
Line
Blank building wall
or wall with solid-
core, one-hour rated
doors separates
living space from
property line.
5
20
5
5
Other building wall
separates living
space from property
line and--
-~six-foot or taller
fence or wall stands
between building
and property line
8
10
10
20
--there is no such
fence or wall
12
10
10
20
(c) Additional Building Criteria.
(1) Dwelling Unit Size.
Each dwelling unit'must contain at least 1,400 square reet of
gross floor area and shall be at least 16 feet in width
(measured to include outside walls and one-half of any common
walls) .
(2) Spacing Of Dwelling Units. ~
Except where dwelling units are separated by common walls,
the minimum distance'between dwelling units shall be as
follows:
...1
,
(i) No part of any dwelling unit may be closer than five
reet to another dwelling unit.
(ii) No window may be closer than 50 feet to a facing window
to living space in another dwelling unit.
(iii) Neither eaves nor balconies may be closer than 40 feet
to a facing window to living space in another dwelling
unit. '
(iv) Neither windows to living space nor balconies may be
closer than 20 feet, to any faCing wall of another
dwelling unit.
---------------------------------------------------------------------------
5418:DR918-1+:
AMENDATORY ZONING ORDINANCE . .
. Page
55
~
_ ___::C::I1l-:L.... _
, ............J.J.I.Il..lILn.
.. ro...
-.:~.
L,
'2S5
.I
.lIJIll[IllfTll;n~I-- -L:ffiTJ ..
-,- ",--- , , '-r:=J- ---
",
SCHEDULE PDD-TH6
(This Schedule is an integral part of the Zoning Ordinance of the City of
West University Place, Texas.)
-,
RUSKIN TOWNHOUSE P~D.D.
("PDD-TH6 District")
~
(a) General.
(1) This ~chedule applies only to the PDD-TH6 District~ The pur-
pose of this District is to maintain and protect one of the
City's planned single-family, attached-building residential
areas and to provide neces~ary regulations for buffering of
adjacent areas with less-intensive land uses.
(2) All of the provisions of this Ordinance shall apply to this
District as if it were part of the THDistrict, except that
the additional provisions set out in this Schedule shall also
apply to this District. In case of any conflict or incon-
sistency between any provision in this Schedule and any other
provision of this Ordinance, the provision in this Schedule
shall control.
(b) Additional Site Criteria.
(1) Parking Areas.
There must be motor vehicle parki'ng area which complies with
Article 10 of this Ordinance, except that only two parking
spaces per dwelling unit are required. Parking shall not be
permitted above ground level.
I!
!
(2) Additional Access Provisions.
I I
'~
(i) If a building site abuts Ruskin, there may be only one
curb cut on that street per dwelling unit.
(ii) There may be no more'than one curb cut on Weslayan.
(iii) The design of all access driveways and other pathways
must be coordinated with adjacent properties so as to,
allow a coordinated and integrated circulation system I
with the adjoining properties.
(iv) Residents of adjacent building sites in the same
district shall be granted rights of ingress and egress
over the entire circulation system.
(v) Each driveway must be at least 20 feet wide.
(vi) Cul-de-sac driveways may not exceed 50 feet in length
if a terminus is not provided or 200 feet in length if
a terminus is provided. Termini must have adequate
dimensions to allow turning.
(3) Additional Setback Regulations (Living Space)
No living space shall be permitted within the distances from
property lines indicated below:
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Distance From Property Line (Feet)
n
Front
Street
Condition Line
Side
Street
Line
Side
Prop~
Line
Rear
Prop.
Line
Blank building wall
or wall with solid-
core, one-hour rated
doors separates
living space from
property line.
5
5
5
20
Other building wall
separates living
space from property
line and--
--six-foot or taller
fence or wall stands
between building
and property line
10
8
10
20
--there is no such
fence or wall
12
10
10
20
(c) Additional Building Criteria.
(1) Dwelling Unit Size.
f;
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Each dwelling unit must contain at least 1,400 square feet of
gross floor area and shall be at least 16 feet in width
(measured to include outside walls and one-half of any common
walls) .
(2) Spacing Of Dwelling Units.
Except where dwelling units are separated by common walls,
the minimum distance betwee,n dwelling units shall be as
follows:
(i) No part of any dwelling unit may be closer than five
feet to another dwelling unit.
(ii) No window may be closer than 50 feet to a facing window
to living space in another dwelling unit.
(iii) Neither eaves nor balconies may be closer than 40 feet
to a facing window to living space in another dwelling
unit. ~
(iv) Neither windows to living space nor balconies may be
closer than 20 feet to any facing wall of another
dwelling unit.
(d) Additional Use.
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The ZBA shall issue a special exception for the use of a bUilding site
for parking of motor vehicles in conne~tion with nearby commercial activi-
ties upon approval by the ZBA of the types of vehicles to be parked, the
design of the parking facilities (including landscaping, paVing, lighting,
signs, etc.) and curb cuts, all of which may be included as conditions to
the special exception.
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SCHEDULE PDD-TH7
(This Schedule'is an integral part of the Zoning Ordinance of the City of
West University Place, Texas.)
MERCER TOWNHOUSE P.D.D.
("PDD-TH7 District")
(a) General.
(1) This schedule applies only to the PDD-TH7 District. The pur-
pose of this District is to maintain and protect one of the
City's planned single-family, attached-building residential
areas and to provide necessary regulations for buffering of
adjacent areas with less-intensive land uses.
(2) All of the provisions of this Ordinance shall apply to this
District as if it were part of the TH District, except that
the additional provisions set out in this Schedule shall also
apply to this District. In case of any conflict or incon-
sistency between any provision in this Schedule and any other
provision of this Ordinance, the provision in this Schedule
shall control.
(b) Additional Site Criteria.
(1) Parking Areas.
There must be motor vehicle parking area which complies with
Article 10 of this Ordinance. Parking shall not be permitted
above ground level.
(2 )
Additional Access Provisions.
(i) The design of all access driveways and other pathways
must be coordinated with adjacent properties so as to
allow a coordinated and integrated circulation, system
with the adjoining properties.,
(ii) Residents of adjacent building sites in the same
district shall be granted rights of ingress and egress
over the entire circulation system.
(iii) Each driveway must be at least 20 feet wide.
(iv) Cul-de-sac driveways may not exceed 50 feet in length
if a terminus is not provided or 200 feet in length if
a terminus is provided. Termini must have adequate
dimensions to allow turning.
(3) Alternate Setback Regulations
Except as specifically allowed by the Projections Schedule
(which is attached to this Ordinance and made a part hereof
for all purposes), neither a structure nor any part of a
structure is permitted in any of the following areas:
(i) The side setback area within ten feet of Bissonnet
Street.
(ii) The front setback area within 20 feet of Mercer Street.
(iii) The side setback area within 20 feet from the south
property line.
(iv) The rear setback area within five feet from the west
property line.
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(c) Additional Building Criteria.
(1) Dwelling Unit Size.
Each dwelling unit must contain at least 1,600 square feet 0
gross floor area and shall be at least 16 feet in width
(measured to include outside walls and one-half of any commor
walls) .
(2) Spacing Of Dwelling Units.
Except where dwelling units are separated by common walls,
the minimum distance between dwelling units shall be as
follows:
(i) No part of any dwelling unit may be closer than five
feet to another dwelling unit.
(ii) No window may be closer than 50 feet to a facing windot
to living space in another dwelling unit.
(iii) Neither eaves nor balconies may be closer than 40 feet
to a facing window to livlng space in another dwelling
unit.
(iv) Neither windows to living space nor balconies may be
closer than 20 feet to any facing wall of another
dwelling unit.
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AMENDATORY ZONING ORDINANCE . .
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SCHEDULE PDD-C.l
(This Schedule is an integral part of the zoning ordinance of the City
of West University Place, Texas.)
BELLAIRE OFFICE DISTRICT
(hpDD-Cl District")
(a) General.
This schedule applies only to the PDD-Cl District. The purpose of
this District is to provide reg~lations for a planned office district
compatible with nearby residential areas and to provide for buffering
of less-intensive land uses.
(b) Uses Permitted.
The following land us~, and no others, are permitted:
(i) Single Family (Detached) Use, but only if the
height regulations, maximum densities, site cri-
teria and building criteria applicable within the
SF District (in lieu of the comparable regulations
in this Section) are complied with at all times.
(ii) Home Occupations
(iii) Utility and Service Uses
(iv) Municipal Uses
(v) Office Uses, meaning those uses involving only
offices for conducting real estate, insurance and
other similar business and the offices of the
architectural, clerical, engineering, legal, den-
,tal, medical or other established recognized
professions; in which only such personnel are
employed as are customarily required for the prac-
tice of such business or profession.
(c) Height.
No structure may exceed 35 feet in height.
(d) Site Criteria.
(1) Setback Areas.
Except as specifically allowed by the PrOjections
Schedule, neither a structure nor any part of a struc-
ture is permitted in any of the following areas:
(i) The area within 20 feet of the rear property line
of any building site, and for the purpose of this
Schedule, the said rear property line shall be not
in excess of 120 feet from the north right-of-way
line of Bellaire Boulevard.
(ii) The area upon Lot 2, Block 35. Colonial Terrace
Addition (also known as the south 140 feet of
Tract 9, Cambridge Place) which lies within 40
feet of the rear property line of said lot, said
rear property line being located 140 feet north of
the north right-of-way line of Bellaire Boulevard.
(iii) The area within ten feet of any side street line
which abuts a street 50 feet or less in width.
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(iv) The area within five feet of any side street line
abutting a street more than 50 feet, but less than
70 feet in width.
(v) The area within five feet of the front street line
(which is the common boundary with Bellaire
Boulevard) .
(2) Dimensions.
Each building site (except those used for Utility and
Service Uses or Municipal Uses) must have the following
minimum dimensions:
(i) the minimum width is 50 feet;
(ii) the minimum area is 5,000 square feet.
(3) Frontage.
No building, no entrance to any building and no struc-
ture or device designed to provide goods or services may
face or be located adjacent to any residential street.
No building and and no structure or device designed to
provide goods or services may face any residential
district directly.
(4)
Transition Features.
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There must be an opaque fence or wall at least six, but
not more than seven, feet in height located on the
building site along and parallel to the boundary between
the building site and any adjacent residential district,
except that, if the fence or wall is not constructed
primarily of wood, it shall be located outside any ease-
ment for underground utilities and as close as prac-
ticable to the boundary. Unless both sides of the fence
are finished, the finished side must face the residen-
tial district.
(5)
Special Screens.
Loading docks and waste storage areas must be surrounded
by special screens. Any gates or openings in the spe-
cial screens must be kept securely closed when not in
use. No part of a waste storage area may be located
within ten feet of any residential district.
(6) Parking Areas.
There must be a motor vehicle parking area and loading
area which comply with Article 10 of this Ordinance. No
part of any building may be located more than 200 feet
from the nearest part of a loading area on the same
building site. The parking area may not extend into any
easement area for underground utilities.
(7) Drainage Facilities.
Each building site must have any drainage facilities
required by the City'S Code of Ordinances.
(e) Building Criteria.
r
( 1) Uses.
Any structure which is designed, constructed, adapted or
maintained for a use or a density not specifically per-
mitted is prohibited.
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(2) Principal BUildings.
"'
The principal building on each building site (except
those used for Utility and Service Uses or Municipal
Uses) must contain at least 1,300 square feet of gross
floor area.
(3) Signs.
(i) All signs are prohibited except one wall sign
attached to the front of a principal bUilding with
30 square feet,or less of display area, one or
more detached signs in front of the buildings
(each with 30 square feet of display area or
less), one small tenant sign for each commercial
unit and one small real estate sign for each com-
mercial unit.
(ii) Spectacular Signs and Off-Premises Signs are pro-
hibited.
(4) Building MaterialsA
The materials used to construct each building must be of
equal grade and quality on all sides. No building may
have an exterior surface constructed of mirrored glass.
(5) Lighting.
All high output lighting devices must be designed,
constructed and operated so as to prevent them from
directly illuminating any part of a building site in a
residential district or any part of a structure located
thereon.
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PROJECTION SCHEDULE
1~1
1___1,
(This Schedule is an integral part of the Zoning Ordinance of the City
of West University Place, Texas)
Type Of Structure
Eaves, cornices
and roof extensions
Type Of Area Where Projection Occurs
Setbacks
From Building
Site Boundaries
Front Rear Side
Yl
Bay windows (not greater
than eight feet in
width), chimneys
(with cross-sectional
areas of eight square
feet or less), window
sills and belt courses Yll
Window air conditioners
Utility meters
Decks, very low 16
Decks, low 3
1':
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Decks, high 4
Steps, low (not higher
than first floor
level)
Porches, 12
Playground equipment
Other architectural
details and accessory
structures
Fences
Underground items
Patios, sidewalks and
driveways
Swimming pools
Tennis courts
Buildings
Facilities for utility
services
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Lampposts neither greater
than six inches in
diameter nor taller
than eight feet
Signs
Automatic gate closing
device not greater
than 36 inches high
Y13
N15
Y7
Y7
N
Y7
Y7
N
Yl
N
Y
Y
N
N
N
Y
Y
Y
N
Y
N
Y
Yl1
Y6
Y
Y
N14
N
Y8
Y
Y
N
y
Yl
Y 11
Y13
Yl
Y
y
N
Y
N
N
Y2
Y6
Y
Y
N14
N
Y9
Y
y
N
Y
Setback
From SF
District
Yl
Yl
Open
Area
Y
Pervious
Area
Y2
Y2
N
Y13
Yl
Y2
Y13
Yl
Y2
Y2
Y
Y
Y13
Y2
Y13
Y2
N
y,
N
Y
Y5
Y5
Y5
N
Y
N
Y
Y2
Y6
Y
Y
Y
Y
Y9,8
y
Y
N
y
Y
N
Y
N
N
N
Y
Y
Y2
N
Y
Y2
N
Y
Y
N
Y
Yl0
Y
N
N
N
Y
Y
Y
Y
N
N
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In the foregoing table:
N = Projection not permitted, or, in the case of Open Area or Pervious
Area, the area occupied by the projection is not coun~ed as part
of the area indicated.
Y = Projection permitted, or, in the case of Open Area or Pervious
Area, the area occupied by the projection is counted as part of
the area indic~ted. .
= Projection may not exceed 15 inches.
2 = Projection may not exceed 6 inches.
3 = "Low" means 14 inches or less in height.
4 = "High" means greater than 14 inches in height~
5 = Deck must allow rain to pass through to, and be absorbed by earth
beneath the entire deck.
6 = Only light fences are permitted within any easement for underground
utilities.
7 = Projection may not exceed ten feet.
8 = Projection may not extend closer than five feet to the rear property
line, provided that: (i) the area occupied by the projection includes
only garage space, accessory quarters or a detached accessory building
containing no living space, and (ii) no window, door or other opening
into accessory quarters faces any boundary of another building site
within a SF District, if the window, door or opening is within ten feet
of the boundary (whether on the side, rear or otherwise).
9 = Projection may not extend closer than then three feet to the side pro-
perty line, provided that the area occupied by the projection: (i)
includes only garage space or accessory quarters and (ii) is no closer
to the front street line than a line drawn parallel to the front street
line five feet forward from the main rear wall of a principal building
on the same site; and provided further that no window, door or other
opening into accessory quarters faces 'the side property line.
10 = Only the area occupied by water is counted as pervious area.
11 = Projection may not exceed two feet.
12 = Porch may not be designed or usable for motor vehicles and must
be open and unobstructed around its entire perimeter except for
the following features:
(i) ordinary window sc,reens,
(ii) the portion of the perimeter occupied by the remainder
of the building to which it is attached,
(iii) supporting vertical columns occupying no more than ten
percent of the porch's open perimeter,
(iv) a solid or partially open safety rail not higher than
31~ feet above the porch floor.
13 = Projection may not exceed 18 inches.
14 = Except as specifically allowed by another ordinance of the City
governing setbacks for swimming pools and appurtenances.
15 = Except that water meters may be located in the front setback area.
16 = "Very low" means six inches or less in height.
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SIDE LOT SETBACK SCHEDULE
r
(This Schedule Is An Integral Part of the Zoning Ordinance of the City
of West University Place)
In lieu of the side lot line setback area prescribed by Section
7-100 of this Ordinance for building sites with widths less than 59
feet, a reduced setback area not less than three feet in width
(measured from a given side property line) is permitted if one of the
following exceptions is applicable:
Exception 1: Interior Lots. This exception is applicable if all
of the following are present:
(a) The owner has designated (in a form satisfactory to the ZBA)
setback areas on both sides of the building site which have a
combined width of at least ten feet.
I'
(b) The building site is not on a street corner.,
(c) There is either:
(1) an existing principal building on the adjoining building
site immediately across the given side property line,
and all buildings in the front three-fourths of the
adjoining building site are set back from the property
line by at least seven feet (except that those parts of
buildings projecting into the seven-foot area are disre-
garded to the same extent thay they would be allowed to
project into a side setback area by the Projections
Schedule, and, for this purpose, neither the use of the
interior space nor the direction that doors, windows or
openings face is taken into account); or
(2) a vacant building site immediately across the given side
property line and there is no driveway along the common
boundary of the vacant building site and the next
building site down.
Exception 2: Corner Lots. This exception is applicable if all of
the, following are present:
(a) The owner has designated (in a form satisfactory to the ZBA)
setback areas on both sides of the building site which have a
combined width of at least ten feet.
(b) The building site is on a street corner.
(c) There is anexlsting principal building on the adjoining
building site immediately across the given side property
line, and all buildings in the front three-fourths of the
adjoining building site are set back from the property line
by at least seven feet (except that those parts of buildings
projecting into the seven-foot area are disregarded to the
same extent that they would be allowed to project into a side
setback area by the Projections Schedule, and, for this pur-
pose, neither the use of the interior space nor the direction
which doors or windows face is taken into account).
II
U
Exceotion ~: Interior Lots. This exception is applicable if all
of the following are present:
(a) The owner has designated (in a form satisfactory to the ZBA)
setback areas on both sides of the building site which have a
combined width of at least ten feet.
(b) On both adjoining building sites there are buildings
located within seven feet of the side property lines.
54l8:DR1020: AMENDATORY ZONING ORDINANCE.....................Page 65R
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(c) The property owner has designated (in a form satisfactory to
the ZBA) the given side property line from which the reduced
setback area is to be measured.
Exception 4: Corner Lots. This exception is applicable if both of
the following are present:
(a) The building site is encumbered by a recorded deed restric-
ti(:m, building line, easement or other encumbrance which
effectively prohibits ,construction ofa principal building
anywhere within, seven feet of the side street line.
(b) The owner has designated (in a form satisfactory to the ZBA)
a side setback area adjacent to the side street line at least
seven feet in width.
Effect of Setback Areas. When a reduced setback area is allowed
under the provisions of this schedule, no building or structure is
allowed within the reduced setback area, or within the correspondingly
increased setback area on the other side of the building site, except
as specifically allowed by the Projection Schedule.
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5418:DRI020: AMENDATORY ZONING ORDINANCE......................Page 66R
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PNC SCHEDULE
u
(This schedule is an integral part of the zoning ordinance of the City of
West University Place.)
General Rule. A PNC loses its status as such, with respect to a given regu-
lation, in any of the circumstances indicated by symbols
appearing on the the same line as the type of regulation,
below, or in any of the circumstances indicated in Article
12.
Type Of Regulation
(By Reference To Specific
Provisions Of This
Ordinance)
Circumstances Causing Loss Of
PNC Status (See Notes Below)
RESIDENTIAL DISTRICTS
Uses Permitted
Home Occupations In SF
District Permitted Prior
,To 1987 Effective Date........A, C, E, I
II
L:
Use of space in an accessory
building as a separate
dwelling unit.................A"B, C, E, I
Other Use By More Than One
Family........................B, C, E, H, I
Others........................B, E, I, J
Maximum Density...................C, D, E, I
Height............................D, E, I, J
Site Criteria
Setback Areas (all types).....C, D, E
Open Areas..... " . . . . . . . . . . . . . . C, D, E
Pervious Areas................C, D,"E
Trees.........................E, J, K
Drainage Facilities .r........E
Transition Features (non-SF)..E
Special Screens (GR)..........E
Parking Area
Number of Spaces ........G
[i
Other Features..........E
Curb Cuts (GR) ..............~E
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Building Criteria
Use And Density............... C, E, H, I
Size Of Principal Building.. . . E
Size Of Dwelling Units . . . . . . . E
Garage and Driveway........... C, E
Sign s . . . . . . . . . . . . . . . . . . . . . . . . . D, J
Additional Fire Considerations E
Lighting ..................... B, D, E, F, J
COMMERCIAL DISTRICTS
Uses Permitted.................... B, E, I, J
Height. . . . . . . . . . . . . . . . . . . . . . . . . . . . D, E, J
Site Criteria
Setback Areas (All types) . . . . C, D, E
Open Area s. . . . . . . . . . . . . . . . . . . . C, D, E
Pervious Areas And Trees . . . . . C, D, E
Frontage ..................... C, E
Transition Features .......... D, E, J
Special Screens .............. B, D, E, F, J
Trees. . . . . . . . . . . . . . . . . . . . . . . . . E, J, K
Parking Areas
Number of, Spaces ........ G
Loading Area............. E
Drainage Facilities .......... E
Building Criteria
Uses
Medium Commercial Use
Without Special
Exception ............... B, C, E, I
Others .................. B, E, I, J
C, E, I
Principal Buildings........... E
Sign s. . . . . . . . . . . . . . . . . . . . . . . . . D, J
Building Materials............ E, J
Lighting. . .. . . . . . '. . . . .. .. . . . . . B, D ,E, F, J
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In this Schedule:
A = PNC status is lost on the fifth anniversar~ of the 1987 effective
d'ate. The ZBA is authorized to issue a special exceptfon to
prescribe a later date if the ZBA finds that a substantial invest-
ment was made in the affected premises prior to the time that it
acquired PNC status and that extension of PNC status until the
later date is necessary to allow a reasonable period in which to
amortize the investment plus a reasonable return.
B= PNC status is lost if the principal building on the building site
(upon which all of the PNC is located) is enlarged to such an
extent that its gross floor area is increased to 110% or more of
its gross floor area on the 1987 effective date.
C = PNC status is lost if 50% or more of the fair market value of all
of the structures on the building site or sites where the PNC is
located is lost to casualty, condemnation, obsolescence or other
cause or is otherwise destroyed and diligence is not exercised
with respect to their repair or reconstruction (with substantially
the same exterior dimensions). It shall be a rebuttable presump-
tion that diligence was not exercised if, within six months
following the loss, necessary building permits have not been
issued or work has not begun.
D = PNC status of a given structure (other than a principal building)
or of some part of it is lost if 50% or more of the fair market
value of the structure is lost to casualty, condemnation, obso-
lescence or other cause, or the structure is otherwise destroyed.
E = PNC status is lost if the gross floor area of the principal
building on a building site is increased to 200% or more of its
gross floor area on the 1987 effective date.
F= PNC status is lost on the 181st day following the 1987 effective
date. The ZBA is authorized to issue a special exception to
prescribe a later date if the ZBA finds that a substantial invest-
ment was made in the affected premises prior to the time that it
acquired PNC status and that extension of PNC status until the
later date is necessary to allow a reasonable period in which to
amortize the investment plus a reasonable return.
G = PNC status is lost for a given building site if: (i) the aggregate
number of parking spaces required under this Ordinance has
increased for the building site above the number required on the
1987 effective date, and (ii) the incremental spaces (the increase
in the number of spaces) have not been provided.
H = PNC status is lost on the tenth anniversary of the 1987 effective
date. The ZBA is authorized to issue a special exception to '
prescribe a later date if the ZBA finds that a substantial invest-
ment was made in the affected premises prior to the time that it
acquired PNC status and that extension of PNC status until the
later date is necessary to allow a reasonable period in which to
amortize the investment plus a reasonable return.
I = PNC status is lost if the use is changed to a use which requires,a
greater number of off-street parking spaces under this Ordinance.
J = PNC status is lost if 50% or more of 'the fair market value of all
of the structures on the building site or sites where the PNC is
located is lost to casualty, condemnation, obsolescence or other
cause or is otherwise destroyed.
K = PNC status is lost on the fifth anniversary of the 1987 effective date,
provided, however, that if compliance can be achieved by counting one
or more trees of any species (qualified or not) with a trunk circum-
ference of 12 inches or more (measured four feet above the ground),
then PNC status is not lost for so long as such trees remain in reaso-
nably good health. The ZBA is authorized to issue a special exception
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5418:DR918-1+:
AMENDATORY ZONING ORDINANCE .
Page
69
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269
to prescribe a later date if the ZSA finds that a substantial invest-
ment was made in the affected premises prior to the time that it
acquired PNC status and that extension of PNC status until the later
date is necessary to allow a reasonable period in which to amortize the
investment plus a re~sonable return.
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5418:DR918-1+: AMENDATORY ZONING ORDINANCE. . . . . . . . . . . Page 70
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270.
LOT DIVISION SCHEDULE
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(This Schedule Is An Integral Part Of The Zoning Ordinance Of The City Of
West University Place)
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Examole A. Assuming that, if the two subdivided lots were divided, the
closest structure to a side property line would be set back by five feet,
and further assuming that there would be no other conditions in violation
or non-compliance with this Ordinance, the two subdivided lots could be
'Idl vided along their common boundary.
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,Examole B. If a structure straddles the.common boundary of the two sub-
divided lots, to divide the lots would create a condition in violation of
this Ordinance (i.e., a violation of setback regulations), and this would
prevent- the division of the two lots.
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5418:DR918-1+: AMENDATORY ZONING ORDINANCE......................... Page 7 i
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E~ample C. Assuming that, if the two subdivided lots were divided, the
closest structure to a side property line would be set back by only, two
feet, the two subdivided lots could not be divided.
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Example D. Assuming that: (i) if the two subdivided lots were divided, the
closest structure to a side property line would be set back by four feet, 0
(ii) such a four-foot setback would be in violation of this Ordinance,
(iii) such a four-foot setback would not have been in violation of the
City's ordinances at the time the structure was constructed, and (iv) there l ~
are no other conditions in violation or non-compliance with this Ordinance,
the two subdivided lots could be divided along their common boundary.
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