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HomeMy WebLinkAboutOrd 1493 - Amending zoning ordinance ORDINANCE NO. 1493 AN ORDINANCE RELATING TO ZONING AND LAND USE; ADOPTING AND READOPTING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, IN REFORMATTED FORM, WITH VARIOUS AMENDMENTS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission of the City held joint public hearings on the proposed adoption and readoption of the City's zoning ordinance, in refonnatted fonn, together with other amendments and changes, all having been reported on preliminarily by the Zoning & Planning Commission; WHEREAS, City staffhas reported on the notices given for the hearing, and the City Council is satisfied with the content of the notices and the manner in which notices were given; WHEREAS, the City Council finds and detennines that, at the hearings, all property owners, citizens and interested persons desiring to be heard were afforded an opportunity to be heard; WHEREAS, the Zoning & Planning Commission has made a final report to the City Council with respect to the proposals; and WHEREAS, the City Council has considered the report of the Zoning & Planning Commission and is of the opinion that the City's zoning ordinance should be adopted and readopted, in refonnatted fonn, with amendments and changes, as more fully set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF \VEST UNIVERSITY PLACE, TEXAS: Section 1. That the Zoning Ordinance of the City of West Uni versity Place, Texas (Ordinance No. 1298, adopted October 12, 1987, as heretofore amended, adopted and readopted) is hereby adopted and readopted, in refonnatted fonn, with amendments, as shown in Appendix A, which is attached hereto and made a part hereof for all purposes. . . / Section 2. This ordinance applies from and after its effective d,!~e. Any violations committed before the effective date are governed by the zoning ordinance in effect before the effective date, except that any affinnative defenses prescribed by this ordinance are applicable to violations occurring at any time. The zoning ordinance in effect prior to the effective date is continued in effect for this purpose and also for purposes relating to PNC status and any other purpose required for the application or interpretation of another provision of this ordinance. Section 3. All ordinances andparts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 5. The City COllncil officially finds, detennines and declares that a sufficient 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 maru1er required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. The City Council officially finds, detennines and declares that sufficient notices of the joint public hearings were given, and the City Council ratifies, approves and confinns such notices, including the contents and the method in which they were given. Section 6. This ordinance shall become effective on the tenth day following its publica:tion, as provided in the City Charter, except that the amendment of Article 15 of the Zoning Ordinance (relating to the Zoning & Planning Commission and the Zoning Board of Adjustment) shall become effective on January 1,1995. PASSED AND APPROVED ON FIRST READING, this $~ay of ~~ ,19U -. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSE~/\~D APPROVED ON SECOND READING, this /1~y of Ll./~~ ,194 Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: ,f3;. 2_R J ~ Mayor Attest: (Seal) C~~7~ i ecretal)' b21ozonadop.54(r) Appendix A ZONING ORDINANCE Art. 1. Art.2. Art.3. Art. 4. Art. 5. Art. 6. Art. 7. Art.8. Art. 9. Art. 10. Art.l1. Art. 12. Art. 13. Art. 14. Art. 15. Schedules Table Of Contents Short Title And Purpose Derminons and Interpretations Zoning Districts Established Zoning District Map Building Sites Table 5-1. Building Site Dimensions Compliance Required District-Specific Regulations Table 7-1. Uses Table 7-2. Yards (or 'setbacks') Table 7-3. Open & Pervious Areas Table 7-4. Buildings Table 7-5. Certain Structures Table 7-6. Projections Schedule Additional Regulations Planned Development Districts ParlOng Are:u, Driveway and lAading Are:u Variances and Special Exceptions Prior Nonconfonnities Enforcement Amendments Board of Adjustment., Zoning & Planning Commission Schedule POO- THI Schedule PDO- TH2 Schedule POO-TH3 Schedule POD- TH4 Schedule POO- TH5 Schedule PDD-TH6 Schedule PDD- TH7 Schedule POD-CI Driveway Visibility Triangle Diagram Lot ~ivision Schedule ARTICLE 1. SHORT TITLE AND PURPOSE Section 1-100. Shol1 tide. as amended ("Ordinance") This ordinance,{Shallbe known as and referred to as the "Zoning Ordinance of the City of West University Place, 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 air; to prevent the overcrowding of land, to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, ------------------------------------------------------------------- Page 1 REFORMATTED ZONING ORDINANCE I b20mast(11-22-94) 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 appropnate use of land throughout the city consistent with the comprehensive plan. ARTICLE 2. DEFINmONS AND INTERPRETATIONS 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 specially defined in this ordinance are used in their common ordinary senses, except that special terms used in the context of criminal violations (such as "affirmative defense" and "presumption") are intended to have the same meanings as in the Texas Penal Code. (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 constitutions and laws of the State of Texas and the federal government of the United States of America as well as the Charter of the City. Section 2-102. CeJtain terms. Certain terms in this ordinance, whether capitalized or not, are defined as follows for purposes of this ordinance: A ccessory. A building, structure or use is "accessory" if it is: (i) subordinate and incidental to a lawful principal building and use on the same building site, and (ii) necessary or convenient for a lawful principal use of such building. A ccessory quarters. A dwelling unit meeting all of the following criteria: (i) it is located on the same building site with a dwelling unit within a principal building used for single-family (detached) use; and (ii) it includes no more than six hundred square feet of gross floor area. A uto-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 percent 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 percent or more of the gross sales with such commercial unit in any month out of the three preceding months. B lock. An area bounded by street areas and occupied by or intended for occupancy by buildings. B lock face. A continuous row of parcels of land all on one block and all touching a given street. Bufferyard, SF A yard in a non-SF District buffering an SF District. It is measured from the nearest part of an SF District. See the "Yards" table in Article 7 Bllilding. Any structure built for the support, shelter or enclosure of persons, animals, chattels or REtO~~TTED ZONING ORDINANCE I b20rnast(11-22-94) Page 2 moveable property of any kind. Two attached buildings are considered a single building unless they are separated by a firewall unbroken by interior passageways or openings. See definition of "detached." Building offiCial. The person designated as such under the City's building code. Building site. See Article 5. An "old" building site was established \\lith its present boundaries before October 24, 1987. A "new" building site is any other building site. C District. The Commercial District. Church. Those spaces designed and used for actual worship by a recognized and organized reli- gious 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 facilities 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. Commercial use, light. Any land use, other than an auto-intensive use or other medium commercial use, composed of one or more of the following: offices for ordinary business or professional. activities, stores for the sale at retail of goods or services, restaurants, banks, and savings and loan establishments. Com m ercial use, medium. Any land use composed of one or more of the following: auto-- intensive uses, night assembly uses, schools, churches, theaters, 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. Common-use area. This term includes areas within street areas, easements (other than local- service easements) and other similar common-use areas. A "local-service easement" is an easement which: (i) is designed or intended to provide utility service, secondary access (but not primary access), maintenance or similar supporting service to the parcel where it lies or to an adjacent parcel; and (ii) as a practical matter, allows the fee-simple owner of the parcel to enjoy substantial use of the easement area. A flood control easement is a common-use area, not a local-service easement. Comprehensive plcm. The document adopted by the city council by Ordinance No. 1280, passed finally on March 9, 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 front and the rear. For irregularly-shaped building sites, the depth is deemed to be equal to the average dis- tance from the front street line to the rear or side of the site when the distance is measured perpen- dicularly from points along the front street line. For purposes of determining the depth of the front yard, the nominal depth of a building site shown on any recorded plat shall control over the actual measured depth. Detached. Two structures are .detached if there is no physical connection between them above the ground. Exception: an accessory building attached to another building only by a covered walkway or "breezeway" open to the outdoors on the sides is deemed to be detached. Driveway. A driveway is an outdoor area designated or improved to provide a path or route for motor vehicles. Drivelvay visibility tricmgle means the area within a triangle beginning at the precise intersection point of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the roadway). From the intersection point, the first side of the triangle extends five feet inward (away from the roadway) along the edge of the driveway, the second side of the triangle extends five feet along the edge of the sidewalk away from the driveway, and the third side is a straight line connecting the extended ends of the first two sides. If there is no sidewalk, the building official shall designate the probable location of a future sidewalk, which shall then be used as if it were an existing sidewalk. A typical drIveway will have two such triangles, one on each side. Such triangles may include areas ------------------------------------------------------------------- REFO~~TTED ZONING ORDINfu~CE ,b20mast(11-22-94) Page 3 within, and not within, a building site. An example diagram showing driveway visibility triangles is attached to this ordinance and made a part hereof. Dwelling unit (or "DU"). 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 driveway pattern. [Insert from current ordinance]. Face. To face directly or at an angle less than 90 degrees. Fam ily. 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 degrees of consanguinity or affinity; plus (ii) one other person. For this purpose, consanguinity or affinity is determined as in the state's anti-nepotism law. Front right-oj-way area. For a given building site, the area within a street area which directly abuts the building site. Front setback line. The line which marks the closest permissible location of a building with respect to the front street line (disregarding those projections specifically allowed by this ordinance). The front setback line is usually the edge of the 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 space in a building, on each floor level, excluding, however, the floor area of attached ga- rages, 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 arithmetic 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 nat- ural ground level at or along the base of the structure is in fact higher and also demonstrates clearly what that level is. In these circumstances, the standard base level is the average natural ground level at or along the base of the structure as so demonstrated. High output lighting device. Any lighting fixture or other device emitting or designed to emit l,800 lumens or more of light, diffused or not. Home occupation. A business activity upon a given building site which meets all of the fol- lowing 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. (2) It does not involve any sign or other means of advertisement on or near the building site. (3) It does not involve any significant storage of goods or fixtures. (4) It does not require any specialized building or structure, or any modification of a building or structure. (5) It does not involve the transmission of sound or electronic impulses other than by means of utility services. (6) It does not cause any significant increase in traffic or on-street parking. (7) It causes no noise, odor, discharge of any substance or gas, vibration or other condition ------------------------------------------------------------------- RErO~~~TTED ZONING ORDINfu~CE , b20mast(11-22-94) Page 4 detectable from outside the building site in question. (8) It is subordinate and incidental to a permitted principal use of the building site. Incidental sale. A business activity (such as an occasional sale of used property, a "garage sale" or a "bake sale") which is specifically allowed under another ordinance of the city regulating such activity or which meets all of the following criteria: (1) The activity involves only the sale of used personal property, food or beverages. (2) No business activity (other than activity which is part of a home occupation) occurred on the same building site on 178 or more days out of the 180 days immediately preceding the day of the activity. (3) The activity is an accessory use of the building site. Licensed day care center. A facility licensed by the State of Texas that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether the facility is operated for a profit or charges for the services it offers. Line, front street. The common boundary of a building site and a street area, subject to the following: (1) In a residential district, if the building site shares a common boundary with two or more street areas, and except as provided below, 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 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. A front street line designated by the ZBA pursuant to Article 16 shall control over any other desi gnation. 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 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 thoroughfare having the longest frontage, but if all of the thoroughfares have equal frontage, 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 is the line indicated by any principal building in existence or under con- struction as of the 1987 effective date; if there is no such principal building, the front street 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. 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 (or "SPL"). 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 area, except the front street line. 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 considered living space. Major thoroughfare. Bissonnet Street, Kirby Drive or Bellaire (West Holcombe) Boulevard. Mirrored glass. Glass with a reflectance greater than 20 percent. Multiple wility service. Utility service provided to a person (or group of persons) on a given (2) REFO~ATTED ZONING ORDINANCE I b20mast(11-22-94) Page 5 building site who is different from another person (or group of persons) to whom the same service is provided on the same building site. 1987 effective date. October 24, 1987, which was the effective date of the 1987 comprehensive reVISIon. Night assembly use means a use which meets all three of these criteria: (i) it is non-residential, (ii) it is operated between midnight and 6:00 AM more than four times in any 12-month period, and (iii) it is designed for, or actually occupied by, 20 or more people at a time. Non-residential use. Any use other than a residential use. Occupcmcy. The use or intended use of a particular area of land or a particular building or struc- ture, 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 (public). A park, playground or community center owned or operated by a governmental entity having the power of eminent domain. Parking area. An outdoor area designated or improved to store motor vehicles. The term includes parking "pads." PDD. A planned development district. (See Articles 3 and 9). Person. A natural person, partnership, corporation, sole proprietorship, representative, govern- mental entity, unincorporated business association or any other entity. Pervious area. An area which: (1) is natural ground or landscaped area that receives rainwater and allows it to pass through or be absorbed, thus preventing excess water flow away from the area, or (2) is specifically designated as pervious area in the Projections Schedule. PNC. A prior nonconformity. See Article 12. Principal building. The building on a building site housing the principal use. Reside. To live or to intend to live at a place either indefinitely or longer than 42 days. Residential district includes all SF, TH and GR districts and all portions of a PDD designated primarily for residential purposes. Residential pwposes (or uses). Ordinary domestic purposes (or uses), not involving any business, commercial, industrial or institutional activity, whether carried on for profit or not. Providing any good or service, or offering to provide it, on or from any premises to or for anyone who does not reside on the same premises in exchange for any money or thing of value, whether demanded or accepted, is a business activity. However, 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 both sides of the street (measured from the side property lines of the given building site), 51 percent or more of the property froming on either side of the street is within a residential district. Residential worker. A person who is employed to perform residential services at least 25 hours per week at the same premises where the person resides. Residential services are personal services which are performed for someone who also resides on the premises and which are purely residential in nature (and not income-producing) such as cooking, cleaning, attending children or handicapped persons or maintaining the grounds. Rotated comer bui/ding site. A corner building site in the SF-I District which has been "rotated" . from one street to the other, such that it has a front street line lying along a street that is different from the street along which the front street line of the original corner lot would lie. The original comer lot is the smgle subdivided lot on the same comer, as created by the plan recorded in Volume 444, Page 563 REFO~ATTED ZONING ORDINANCE I b20mast(11-22-94) Page 6 of the Deed Records of Harris County, Texas, entitled "Map Showing West University Place, A Part Of The A.C. Reynolds Survey, Harris County, Texas." In the SF-1 District, most rotated comer building sites will be oriented north-south, because most of the original comer lots were oriented east-west (except for lots along University Boulevard or Cason Street). School. An establishment: (i) owned or operated by a school district or other governmental entity and used to provide public education or (ii) owned or operated by a non-governmental person under cir- cumstances where a license or permit is in effect or required to be in effect under the Texas Education Code or any other state law pertaining in education or instructional services. School (public). A school owned by a governmental entity having the power of eminent domain. Setback. See "yard" definitions. SF District. This term refers collectively to the SF-1 District, the SF-2 District and the SF-3 District, and to each of them. 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. Single-family (attached) use. A use of a building site which meets all of the following criteria: (1) 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. (2) No dwelling unit has any entrance or exit connecting to another dwelling unit. (3) No dwelling unit shares any interior hall or interior passageway with any other dwelling unit. (4) No more than one family resides in any dwelling unit. (5) The entire plot of building site is used exclusively for residential purposes (although, as provided in the definition of "residential purposes," an affirmative defense is available for a home occupation and an incidental sale). Single-family (detached) use. A use of a building site which meets all of the following criteria: (1) There is no more than one dwelling unit, plus one accessory quarters, on the building site. (2) There is no multiple utility service on the building site. (3) There is no physical connection between any building on the building site and any other building on another building site. (4) No more than one family, plus no more than two residential workers, reside upon the building site. (5) If the family includes a person not related to each of the others in the family within four degrees of consanguinity or affinity, the unrelated person resides in the principal building with at least one of the others. (6) The entire building site is used exclusively for residential purposes (although, as provided in the definition of "residential purposes," an affirmative defense is available for a home occupation and an incidental sale). Special exception. See Article II and Chapter 211 of the Texas Local Government Code (Vernon's 1992). Special screen. An opaque fence or wall designed, constructed and maintained to reduce risks of fire, unsanitary conditions and vandalism and to prevent the viewing of a loading dock or waste storage area, or any associated equipment, from any street area or from any other building site within a residential district. Buildings or other structures and gates may be incorporated into special screens. SPL. See "Line, side property." Story. The portion of a building between successive floors of such building or from the top floor to the roof. Story, half A story having an average height of not more than eight feet covering a floor area not more than 50 percent of the floor area of the story immediately below. Street area. All of the area within the right-of-way lines (or boundaries) of a highway, alley, REFO~~TTED ZONING ORDINANCE I b20mast(11-22-94) Page 7 street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel or causeway dedicated or devoted to public use. Structure. Anything made by humans which: (i) is not readily portable; (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 alteration. Any change in a supporting member of a structure, such as a bearing wall, column, beam or girder. Subdivided lot. A lot or parcel which was: (i) created or designated by plan, plat or replat approved by the appropriate city body as required by the Texas Local Government Code or previously applicable state law, including Texas Revised Civil Statutes Annotated art. 974a; or (ii) in existence as a separately owned and separately described lot or parcel continuously since September 12, 1983. Swimming pool. Any constructed pool for swimming or bathing over 24 inches in depth or with a surface area exceeding 200 square feet. This term includes "spas" and "hot tubs." Use. The term includes any use of property and any activity upon or relating to property. Utility or service use. A use of a building site reasonably necessary to provide any utility service to that site or to other building sites in the City, excluding production, processing, through-transmission or central facilities primarily used to provide service to areas outside the City. Utility service. Any water, sewer, garbage, electric, gas, telephone, cable television or other similar service provided by the City, a public utility, a franchisee of the City or governmental entity serving the City. Vanance. See Article 11 and Chapter 211 of the Texas Local Government Code (Vernon's 1992). Waste storage area. Any area designed or used to store garbage, trash or other wastes, except for those areas in an SF District which serve one or two dwelling units. Width. In the case of a building site, the length of the front street line. r ard, front. That part of a building site included in the required yard (or setback area) measured from the front street line or defined by a front building line. See "Yards" table in Article 7. r ard, rear. That part of a building site included in the required yard (or setback area) measured from the rear property line. See "Yards" table in Article 7. r ani, side. That part of a building site included in the required yard (or setback area) measured from any side property line. See "Yards" table in Article 7. r outh athletic facility. A facility that provides athletic training or athletic facilities for more than 12 children under 16 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, on a typical operating day, regardless of whether the facility is operated for a profit or charges for the services it offers. 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 com- prehensive amendment of this ordinance, as said map may be amended, from time to time. ARTICLE 3. ZONING DISTRICfS ESTABLISHED Section 3-100. Disnicts; Purposes. The City is hereby divided into the following districts, with the purposes set out below (I) SF-i, the First Single-Family District. The purpose of this distrIct is to proVIde REFO~MATTED ZONING ORDIN~~CE I b20mast(11-22-94) Page 8 regulations to maintain and protect the city's single-family residences and neighborhoods in an area where corner lots have been divided and re-oriented. (2) SF-2, the Second Single-Family District. The purpose of this district is to provide regulations to maintain and protect the city's single-family residences and neighborhoods in an area with larger building sites. (3) SF-3, the Third Single-Fam i1y District. The purpose of this District is to provide regulations to maintain and protect the City's single-family residences and neighborhoods. (4) TH, the Townhouse 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 buffering of adjacent areas with less-intensive land uses. (5) GR-l, the First General Residential District. The purpose of this district is to maintain and protect the city's duplex residential area and to provide necessary regulations for buffering of adjacent areas with less-intensive land uses. (6) GR-2, the Second General Residential 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. (7) C, the Commercial 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. (8) PDD's, Planned Development Districts. The PDD's are illustrated on the Zoning District Map, and the purposes of each PDD are provided in the various PDD Schedules attached to this ordinance and made a part hereof. ARTICLE 4. ZONING DISTRICT MAP Section 4-100. Zoning Dishiet Map [adopted by reference]. (a) The boundaries of the zoning districts set out herein are delineated upon the Zoning District Map of the City, said map being adopted and made a part of this ordinance as fully as if the same were set forth herein in detail. (b) One or more originals of the Zoning District Map, bearing the signature of the Mayor and the attestation of the City Secretary, and hearing the same date as the ordinance which last adopted it or amended it, shall be filed with the City Secretary and retained as original records. Section 4-101. Interpretation of boundaries. The district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts, 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. (2) Boundaries indicated as approximately following the centeriines 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 construed as fol- lowing City limits. (5) Boundaries indicated as parallel to or extensIOns of features indicated above shall be so construed. REFO~ATTED ZONING ORDINfu~C2 , b20mast(11-22-94) Page 9 (6) Distances not specifically indicated on the zoning district map shall be determined by reference 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. (7) Any area not clearly included in another district is within the SF-3 District. ARTICLE 5. BUILDING SITES Section 5-100. Requirement for building site. (a) Basie Criteria Every structure must be located upon a building site meeting all of the following criteria: (1) (2) The entire site must be contiguous and under common fee-simple ownership. The site must consist of one or more whole subdivided lots, excluding only: (i) common-use areas and (ii) areas lost because of public acquisition, adverse possession, discrepancies in boundaries or similar cause. Common-use areas are excluded. The site may not include any area within another building site. The site must have the minimum dimensions prescribed by Table 5-1 and this Article. Exception: If, after the 1987 effective date, the Z&PC approves a plan, plat or replat establishing a building site with smaller dimensions, the smaller dimensions do not violate this Ordinance. (b) Cel1ain Exceptions. This section does not apply to: (i) fences, playground equipment or landscaping structures, or (ii) non-building structures lawfully occupying street areas, easements or SImilar areas. (3) (4) (5) Section 5-101. Designation of building site. (a) Owner's A etion. An owner or an owner's agent may designate a building site by submitting a permit application, plat, legal description or other document to the City showing a building site meeting the applicable criteria in effect at the time of the designation. (b) Building Official's A crion. The building official shall designate building sites for existing structures, in accordance with the criteria in effect at the time the structures were built and in accordance with the apparent intent of the owners, but the building official may not combine two or more subdivided lots into one building site unless: (i) the configuration of the existing structures requires the combination, or (ii) the owner consents. Section 5-102. Division of building sites. (a) Criteria For Division. Two or more subdivided lots, which are designated as a single building site, may be divided into separate building sites if all of the following criteria are met: (1) The division occurs along the common boundaries of subdivided lots. (2) The division does not cause a condition in violation of 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. (b) Specific Examples. 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. REFOP-l'vf}\TTED ZONING ORDINANCE I b20mast(11-22-94) Page :(\ Building Site Dimensions Item Measurement Old building sites (before October 24, 1987) Width. minimum Depth. minimum See Nates I and 2. Area, minimum New building sites (on or after October 24, 1987) Width, minimum Depth. minimum See Nate 3. Area, minimum ("DU" means "dwelling W1it".) Building Site Dimensions. .. SF-] SFa TH GR-l GR-Z 75 ft. 50 ft. N/A 50 ft. 100 ft. 105 ft. 100ft. N/A 100 ft. 100 ft. 7,875 5.000 sq. 2.000 5,000 sq. 40,000 sq. ft. ft. sq. ft. ft. sq.ft. per DU. 75 ft. 75 ft. N/A 75 ft. 100 ft. 105 ft. ~o~ N/A ~o~ 100 ft.. 7,875 8.250 sq. 2.000 8.250 sq. 40,000 sq.ft. ft. sq. ft. ft. sq.ft. per DU - - , - - 7,500 sq. ft.. c 75 ft. 100 ft. 7,500 sq. ft. 75 ft. .; 100 ft.. Nate I. 4.)00 Square FoorExcepllon. A structure may be locaied on an ola bUlldmg site ~ast 40 leet oj Width and at least 4,500 square feet of total area, if the building site: (i) was improved with a principal building in existence on the 1987 effective date or for any period of twenty consecutive years prior to the 1987 effective dale, under circumstances where there was no additional land used for the building site.and (ii) was created by subdivision plat and nol made smaller thereafter except to provide public right of way or to accommodate physical encroachments. or as specifically allowed by Article 5. Nate 2. 4.300 Square Foot Exception. A structure may be located on an old building site with at least 40 feet of width and at least 4.300 square feel of total area, if the building site: (i) was created by subdivision plat approved by the city council or the Z&PC, (ii) has not been made smaller thereafter for any reason. Nate 3. Cerfam Re-Subdivislons After October 24. 1987. A subdivided lot in a SF-!, SF-) or GR-l District may be further subdivided to produce a building site with less than seventy. five (75) feel of width or less than one hundred ten (110) feel of depth if all applicable procedures under state law and the city's ordinances, rules and regulations are followed and one of the following three sets of circum. stances is present: (A) All portions of the subdivided lots arc added to adjoining subdivided lots. (B) The number of lots is not increased, and all resulting lots have: (i) a depth greater than or equal to the depth of the shallowest lot before the re-subdivision, and (ii) a width greater than or equal to the width of the narrowest lot before the re-subdivision; provided that no resulting lot is irregularly shaped (unless it was so shaped before the re-subdivision). (C) A portion of the subdivided lot is needed for City use or utility or service use. ARTICLE 6. COMPLIANCE REQUIRED Section 6.100. Certain conduct unlawful. (a) General. It shall be unlaMul 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) Cons/me/ion, alteration, etc. 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) Pernli/s, licenses. 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 REF'ORI1ATTEO ZONING OROIN.i\.NCE: b20mast(11-22-94\ ?aqe , ., effect. (d) Other violations. It shall be unlawful for any person to violate any other provision of this ordinance. Section 6-101. Certain affirmative defenses. y-- .; It is an affirmative defense 1a j3fs6BiwtieR"'i'n any proceeding to enforce this ordinance that any of the following sets of circumstances is applicable: (1) A variance, special exception or planned development district ordinance authorizing the condition or activity in question was duly issued or adopted, as the case may be, and all limitations and conditions therein prescribed are com- pletely observed and fulfilled. (2) The condition or activity in question had status as a prior nonconformity (with respect to the provision alleged to be violated) at the time of the alleged violation, in accordance with Article 12. (3) The condition or activity in question is: (i) controlled by the City itself or its officers, agents, employees or contractors, in the course of their duties for the City, and (ii) approved by the City Council. 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 $2,000, provided that this limit shall automatically increase to include any penalty now or hereafter within the jurisdiction of the City's municipal courts under Section 29.003 of the Texas Government Code or otherwise allowed by Chapter 54 of the Texas Local Government Code or other state law. Each day any violation 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 limitation, those remedies specified in Chapters 54 and 211 of the Texas Local Government Code and other similar provisions of state law. All such other remedies may be availed of regardless of whether a criminal prosecution is, has been or will be pending or completed. No remedy shall be a bar to any other remedy. ARTICLE 7. D ISTRICf-SPECIFIC REGUlATIONS Section 7-100. Purpose And Applicability. The purpose of this Article is to prescribe regulations which differ by district. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which it applies. Section 7-101. Regulations, Tables, Etc. (a) In General. Every use, building site and structure must comply with the regulations set out in the following tables: Tab I e 7-1 Table 7-2 Table 7-3 Table 7-4 Uses Yards (or 'setbacks') Open & Pervious Areas BuIldings ------------------------------------------------------------------- REFORtA..ATTED ZONING ORDINFu"JCE , b20rnast (11-22-94) Page 12 Table 7-5 Certain Structures (b) Projections. Permissible projections into yards, and details about computation of open and pervious areas, are set out in Table 7-6, the "Projections Schedule." Smgle-Famlly (Deta:heai Use. 111e ownerofthe buddmg site may elect to be governed by all ofth,: regulatIOns appltcable to smgle. family (detached) use. as if the building site were in the SF.) District and in lieu of the regulations otherwise applicable to the building site. !f such election is made in a fonn prescnbed by the building official. and if all the SF.) regulations are complied with. single- family (detached) use is allowed in the indicated districts. Slngle-Fam Ily (A ttachedi Use. The owner of the building site may elect to be governed by all of the regulations applicable to single- family (atUlched) use, as if the building site were in the TH District and in lieu of the regulations otherwise applicable to the building site (except GR front yard regulations. which apply to all uses). If such election is made in a fonn prescribed by the building official, and if all the TH regulations are complied with. single.family (atuched) use is allowed in this district SpecIal ExceptIons. A special exception may also speCify and limit accessory uses and accessory buildings. Park. Playground. Etc. In this district. a park. playground or community center may be privately or publiclv owned. Uses Use Category SpecIfic Use Residential Single.family (det.ached) Single.family (attached) Other residential Public and Semi-Public Park., playground, or community center (public) School (public) School (other) Church Utility or service use. See ArtIcle 8 Commercial Light commercial See A rl,cie 8 regording cerlarn sexually onented Medium bwnne.rses. commercial :\.11 other uses Note J. NOle 2. Note 3, NOle 4, RE FORJvf....~TTED ZeN I pIG 8RD I~,J;:..;.\JCE Table 7-1. Uses Generoi Rule: Within each District; uses marked. A. arc allowed, uses marked .SE" are allowed only to the extent authorized by a special exception (see Note )), and uses marked "X" arc prohibited. Exceptions/SpecIal Rules: (I) See PDD Schedules for planned development districts. (2) See special rules noted in table. . SF-! SF-] SF-] TH GR-! GR-2 C A A A A A A A See See Note See Note See Note J. J. Note J. 1. X X X A A A X See NOle See Nore 2. 2. X X X X A A X SE SE SE SE SE SE A See Nore 4. SE SE SE SE SE SE SE X X X X X X SE SE SE SE SE SE SE SE A A A A A A A X X X X X X A X X X X X X SE X X X X X X X . - - - - . b20mast ::-22-94) . " , ?2;e NOle 1. 'Through Lou." IT a bUlldmg site e~:tends all the way through a blo.:k. so that the trolll and rear both abut a street area., there 15 no rear yard. but the site is treated as if there were two front yards, each with the same depth as the average front yard on the same side of the block. NOle 2. Narrow Site "317" Exceptio". Alternate side yard areas apply to a building site meeting all four of the following criteria: (A) The building site is less than 55 feet wide. (B) The use is single-family (deUlChed) use. (e) Outside the rear yard. no wall of any building is closer than 10 feet to any wall of a "prior building" on another building site (unless there are "prior buildings" on both sides, each within seven feet of the property line). A "prior building" is a building in existence. under construction or covered by a current building permit when a building permit is issued for the subsequent building. (D) The owner has designated alternate side setback areas in a form approved by the building official and in accordance with all of the following criteria: (1) Minimum setback. interior. 3 feel (2) Minimum setback. street side: .5 feel (3) Minimum setbacks. both sides combIned: greater of 10 feet or 2~'o of the building site width. (4) On each side, the setback is uniform. See Article 10 regarding "alternating driveway" rule. NOle 3. ROlated Comers. For roUted comer building sites (SF-I District only), the minimum side street yard width is: (i) ID feet if the building site width is 65 feet or less, (ii) 10 feet plus Ule distance by wh ich the width of the building site exceed 65 feet. if the building site width is more than 65 feet but less than 75 feet, (iii) 20 feet if the building site width is 75 feet or more but less than 100 feel or (iv) for building sites lOO feet wide or more, the: side: street yard width is de:termine:d by the same rules as the front yard depth,except that the "depth" of the building site is measured from the: side street line. NOle 4. Common Wails. In the TH. GR-2 and C District. the ZBA may issue a special exception for a zero-width side yard, but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously-abuning separate walls (in either case with a four-hour fire rating or bener) along the property line. Note 5. MClJor Thoroughfares. The ZBA may issue a special exception for a front yard less than 30 feet deep abuning a major thoroughfare, if the front yard prescribed is at least 10 feet deep, md if the special exception requires the greatest practicable amount of pervious area in the front yard. Note 6. SpeCIal ExceptIOn. The ZBA may prescnbe a difTerent street side yard bv special exception relating to fronuge. See Article 8. Yards (0 r "set Item Front yard Interior side yard Street side yard Rear yard SF ButTeryard cks '') Measurement Distance from front street line. Distance from side property line (each side). Distance from side street line. Distance from rear property line. Distance from nellTeSt part of an SF District - ba Table 7-2. Yards (or 'setbacks') (1Ip/:,1I means the rule does not apply.) General Rule: No part of any structure may be located withi a part of a building site included within a yard defined. by District, in this table. E.:cceptlOrulSpeclai Rules: (1) Structures may be located in yards to the extent a owed by the Projections Schedule. (2) See special rules noted in table. (3) See POD Schedules for Planned Development Disuicts. SF-I I SF.' I SF.' 20 feet if the building site depth is 110 feet or less; 25 feet if the building site depth is more than 110 feet but not more than 125 feet; 30 feet if the building site depth is more than 125 feel See Note 5. Greater of 10% of building site width or .5 feel See Nole 2. Greater Greater of 10% of of 10% building site width or of build- .5 feel See NOleS 2, ing site 6. width or .5ft. See NOles 2. 3. 6. 20 ft. See NOle 1. N/A ] N/A I N/A - GR.ll GR.' 20 ft. See Note 5. 3 ft. 3 ft. See Note 4. 10 ft. .5 ft. 20 ft. - - TH c 5ft. 30 ft. See Note 5. 3 ft.. See NOle 4 5ft. See Note 4. 10 ft. 15 ft. 20 ft. 5ft. 20 ft. 10ft. REFON~~.TTED ZONING ORDINfu~CE ------------------------------------------------------------------- b20mast(11-22-94) Page 14 ("NA" means the rule does not apply.) Table 7-3. Open & Pervious Areas Open & Pervious Areas Item Open Area Pervious Area M easurem ent Front yard. minimum pel1:entage. Rear yard. minimum pel1:entage. Enti~ building sile, minimum percentage. Front yard. minimum percentage Generoi Rule: Every building si em shown. by District. in this tablet Exce Schedules for planned development d" See the Projections Schedule for detail SF-! ,S~.] ..1 SF-] 60%. 60%. See Note 1. 40% 50% 24% . . ust have the minimum open and petVious areas plloflSlSpeclal. Rules: (I) See POD IStricts. (2) See special rules noted in table. (3) s about calculating open and petVious an:as. REFORMATTED ZONING ORDIN&~CE b20mast(11-22-94) Entire building sile, minimum percentage. !Vote I. Rear Yard Ad1oce;'t to Non,SF. The ZBA may Issue a specIal excepl10n 10 reduce the requIrement tor open area In a rear yard in a SF District to nol less than 40%, if the rear yard abuts a non-SF District TH GR."I< I G~.] ... 40% N/A - 25% 40% I 5% . , 15% c N/A N/A N/A N/A 25% 15% N/A N/A 15% Page 1,) "NA" means the rule does not apply.) Table 7-4. Buildings See NOle 3. Note 1. A nleMrlaf and Chim neys. Root.mount~d radio or ~kvlslon ant~nnas on a pnnclpal bulldmg 'm a resld~ntlal distnct may proJ~ct up to four feet abov~ the roof. The maximum height of chimneys atuch~d to a principal building is the greater of 35 feet or four fe~t above the roof. NOle 2. Height In C Distnct. In the C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to the nearest part of an SF District Note 3. BUIlding Detar/" TH Distnct. A four.hour fire wall, or its equival~nt, must separate adjoining dwelling units. The number of dwelling units it a continuous row may not exceed four. unless the row faces a street, in which case the row may not exceed a length of 200 feet. To separate a row of buildings. there must be open area at least five feet wide maintained so that firefightet1l with hoS<:! could pass through. Note 4. BUilding Detar/" OR2 DistncI. The maximum length of a building or row of attached buildings is 200 feel, To separate buildings. there must be open area at I~ast five feet wide maintain~d so that firefighters with hos~s could pass through. Buildings Regulation Maximum number per building site Maximum number per building site Height, maximum Stories, maximum Height, maximum Minimum gross floor area Width, minimum Other . Item Dwelling units Accessory buildings See Amcle 10 regarding garage space. Principal buildings See A nicle J 0 regarding garage space. General Rule: Every stnl must confOnTI to the applicable regulations shown. by District. in this table. Excepl10nslSpeclaJ Rules: (1) See special rules noted in table. (2) See POD Schedules for Planned Development Districts. SF.} [SF-] [Si'"'3 TH GR.} GR.] C Two One, plus one accessory quarters 21.5 per acre. 24 per acre. See Uses table and Art. 9 Three NfA 25 it 35 it See NOle 1. Two and one.half. N/A 35 fee4 25 feet in rear yard. See Note 1. 35 it See Note 1. 1.400 square fe~t, if us~d for residential purposes 750 sq. ft, each DU 1.200 sq. ft.. each DU. 1.400 sq.ft. 16 ft., each DU. NfA NfA NlA NfA See Note 4. NfA REFORMATTED ZONING ORDINN~CE ------------------------------------------------------------------~ Page b20mast(11-22-94) , r 10 Table 7-5. t"NA" means the rule does not apply.) res Certain Structures General Rule: Every sture must confonn to the applicable regulations shown. by Distric!., in this table. Exceptions/Special Rules: (I) See special rules noted in uble. (3) See PDD Scnedules for Planned Development Districts. Item Regulation . SF-I [SF., I SF.] TH GR-l I GR.' ~ Swimming pools Maximum number per building site One. See Nore J. See Nole 2. N/A Tennis courts Maximum number per building site One (may only be a private tennis court). See Nole J. 35 It See Note 3. NOle J. Tennl.1 COUrlS., Sw;mmrng Pools rn SF Dismet. Each t.:nnlll court In a SF Dlstnct muse (I) be a pnvate accessory structure i-oras;ngle building site, (ii) be used for residential purposes only, (iii) be open to the sky, but enclosed and screened to a height of at least eight feet on all sides, and (iv) never be lighted for play. Each swimming pool in an SF District must be a private accessory structure for a single building site and used for residential purposes only. NOle 2. Swimmrng Pools. Tennis CourTS In TH Disrnet. The ZBA may issue a special exception for a tennis court or a swimming pool if the lBA fmds that the proposed facility will not create a drainage or noise problem and will not cause a significant increase in traffic on nearby streets. Tennis courts and swimming pools must comply with the tennis court and swimming pool regulations in the SF Districts. See Note J. Note 3. Height in C Durnet. In the C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to the nearest part of an SF District All structures Heigh!., maximum 25 feet But see "Buildings. lable for eer1am bUilding height 11m Its. See, also. A fTlele 8. REFO~~;TTED ZONING ORDINN~C2 b20mas:(11-22-94) ?a::e , -, 1 j Projections Schedule Type Of Structure Buildings And Attached StructUres Items above ground level: Eaves, cornices, roof extensions, "greenhouse" and bay windows (no floor space), window sills, cantilevered building space, window boxes, belt courses. window air conditione" and similar parts of buildings. Items at and above ground level: Chimneys/fireplaces (with cross-sectional areas of 8 square feet or Ie") and similar parts of buildings. Porches/p latfonnsl decks higher than 14 inches. and similar structUres attached to a building. Steps not higher than the first !loor leveL Table. 7-6. Projections Schedule, page Gmera/ Rule: This schedule describes ceruin structUres which are allowed to "project" into yards (or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures. See the "Yards (or 'setbacks')" and the "Open & Pervious Areas" tables. - Maximum Allowed Projection (In Inches), Measured Special Rules For From The Inside Edge Of The Yard Calculating Open & Pervious Areas Front Yard Rear Side Yard SF Buf. Yard feryard IS" IS" 24" except that IS" The area does not count no item below the as open area. eave may be closer than 36" to the SPL 15" 15" 12" except that 15" The area does not count no item below the as either open or pervious eave may be area. closer than 36" to the SPL 0, but see 0 0 0 The area does not count Note I. as either open or pervious area. The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. 120" 0 0 0 The area does not count as either open or pervious area. ----.-,..,. ~ . Note i. Porch in Front r ard, A porch may project up to 120 IIlches Ii It IS neither deSigned nor usable lor motor velllcles and It IS open and unobstructed around its entire perimeter, except for the following features: (a) Ordinary window screens. (b) The portion of the perimeter occupied by the remainder of the building to which il is attached. (c) Supporting vertical columns if either of the following two circumstances is present: (i) the tol.11 width of the outer faces of the columns is not greater than ten percent of the porch's open perimeter or (ii) there are no more than two columns in the projecting part of the porch. and neither column is more than 12 inches thick. measured al its thickesl point above 3.5 feel above the porch !loor and along its greatest diameter (which would be diagonally, in the case of a rectlngular column). (d) A solid or partially open safety rail nOI higher than 3.5 feet above the porch floor. REFO~ATTED ZONING ORDINANCE b20mast(11-22-94 Page 18 Table 7-6. Projections Schedule, page II Type Of S truClUre Buildings And AtW:hed Structures, Olnt. Ground level and underground items Mechanical Equipment Maximum Allowed Projection (In Inches), Measured From The Inside Edge Of The Yard. Special Rules For Front Yard Rear Yard Side Yard SF Calculating Op.:n & Buf- Pervious Areas feryar d 120. No limit. 0 No The area counts as open limit area. The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. 0, but see 0, but see 0, but see Note 0, but The area does not count Note 2. Notes 3 and 5. see as either open or 4. Note pervious area. 3. No limit No limit No limit O. generally, but see Note 6. " No limit 15" No limit The area counts as open area but not as pervious area unless the material is completely pervious to water. The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. The area does not count as either open or pervious area. The area may count as both open area and pervious area. . Items near ground level: porches, platforms and decks higher than six inches but not higher than 14 inches, and similar structures attached to buildings No limit, except that decks may not project more than [20. 0" 12" NOle 2. Gm PIpe/me Slles. A pnnclpal bUilding may project mto the lront yard Ii: (a) the bUIlding site Includes land U1 the rear ot the butldlOg site subject to a gas transmission easement thirty feet or wider that is actually traversed by a gas transmission (not distribution) pipeline; (b) no part of the principal building, except items that are otherwise allowed to project into front setback areas, is within twenty feet of the front street line; and (c) The entrance to garage space is not closer than thirty feet to the front street line. NOle 3. Buildings In Rear r ard or SF Bufferyard. A building may be located in a rear yard or SF BufTeryard if it meets all of the following criteria: (a) No part of it may be closer than five feet to from the rear property line (or to any SF District. if in a SF BufTeryard). (b) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), it may have no window, door or other opening above the ground floor, except for opaque. non-operable openings or skylights. (c) Space in any projecting building may only be used for single-family (deuched) use. (d) Space in the projecting part of a principal building may only be garage space and space located directly above the garage space (up to a maximum of 600 square feet of space above). See garage restrictions in Article 10. NOle 4. Ral/way/Gm Sites. A building may be located in a rear yard if: (a) the yard abuts land used for railway purposes or gas transmIssion (not distribution) pipeline purposes; (b) the building does not occupy any area subject to a utIlity easement or drainage easement. unless each enl1ty claiming an interest in the easement grants its consent or acquiescence to the encroachment: and (c) the building is an accessory building. If these critena arc met. the nonnal restrictions for rear yard projections do not apply (see notes above). Note 5. Garoges In Side r ards. Each projecting building must meet all of the following criteria: (a) It must be at least three feet from the side property line (no projection toward the side street line belllg pennlned. (b) The projecting part may only contain gange space and space above the gange. (c) Any projecting part must be at least seventy feet from the front street line. (d) Within ten feet of another building site in an SF District (whether on the side. rear or oUlerwise). 1\ may have no window, door or oUler opening above the ground floor, except for opaque. non-opernble openings or skylights. ,Yote 6. EqUlpmenl In Rear r ard. Indicated equIpment may project only if: (a) separating Ule equipment from any oUler building site abutting the rear lot line there is a solid wall at least one foot higher than the highest part of the equipment: (b) if the equipment occup.es any part of an easement under Ule control of the city. the city has .ssued a sepante acquiescence or consent to the occupancy of the easement; (c) there has been fonnally granted to the city any utility easement deemed necessarY by the city's chief utility official: :lI1d (d) the equipment occupies no part of any s.de yard. Other parts of buildings and structures attached to buildings. o Sidewalks, patios. porc hesl p latf ormsl decks, retaining walls. driveways, parking areas and similar structures not higher than six inches; all underground structures. Air conditioning equipment. pool equipment. and similar freestanding mechanical equipment Utility meters and related apparatus o REFORMATTED ZONING ORDINfu~CE b20mast(11-22-94) pac;e 19 Type Of Structure Table 7-6. Projections Schedule, page III Basketball Goals. :-Jo part 01 the equipment may be closer than ten leet to any street hne. Fences. Fences may project into front and side yards to the extent expressly required or authorized by city ordinance (e.g., provisions in Chapter 6 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidential uses; provisions in PDD schedules for front fences). SWlmmmg PooLs. Except as specifically allowed by another ordinance of the city governing setbacks for swimming pools and appurtenances. Lampposts. Maximum diameter of pro)ectmg posts is six in.;hes: maximum height is eight feeL Rotated Corner Fences. ~otwithst;u1ding any other provision of this ordinance or any other ordinance. no fence is allowed in the side street yard of a rotated comer building site (SF-I Disui,t), except for temporary construction fences required by Chapler 6 of the Code of Ordinances. Basketball goals Playground equipment Flagpoles Fences Swimming pools Tennis courts (with associated screens) Lights and lampposts Gate closers Signs (see Code of Ordinances) - . Cenain Accessory Structures Note 7. Note 8. Note 9. NOle 10. Note 11. KEFON~TTED ZONING ORDINANCE Maximum Allowed Projection (In Inches). Measured From The Inside Edge Of The Yard. Special Rules For Front Yard Rear Side Yard SF Buf- Calculating Open &. Yard feryan:l Pervious Areas 120" No No limit No limit The area may count as limit generally, but both open area and see No~ 7. pervious area.. 0 No 0 No limit The area may count as limit both open area and pervious area. 120" 0 0 0 The area may count as both open area and pervIOus area. 0, but see No No limit. but see No limit The area do.:s not count Note 8. limit No~s 8 and 11. as either open or pervious area. 0 0, but 0, but see Note No limit The area counts as open see 9. area. Only the water Note area counts as pervious 9. area. 0 0 0 No limit The area counts as open area but not pervious area (unless the area is made of grass). No limit No No limit No limit The area may count as generally, limit generally, but see generally, both open area and but see genera Note 10. but see pervious area. Note 10. lIy, Note 10. but see ~ote 10. 24" No No limit No linlit The area may count as limit both open area and pervious area. No limit 0 0 0 The area does not count as either open or pervious area. - - .- - b20mast(11-22-94) Page 20 ARTICLE 8. ADDITIONAL REGUL\ nONS Section 8-100. Purpose And Applicability. This Article prescribes additional regulations to supplement the district-specific regulations and to reduce adverse effects upon adjacent properties and districts. Unless otherwise specifically indicated, the regulations in this Article apply in all districts. Section 8-101. Building Site Requirement See Article 5 for the requirement that each structure be located upon a building site meeting certain criteria. Section 8-102. Accessory Stmctures; Use And Density (a) Number. The number of non-building structures per building site is not generally restricted, but each one must be accessory to a lawful use of the building site. (b) A ccessory Status. Any buildings in addition to the principal building on a building site must be accessory to the principal building and accessory to a lawful use of the principal building. (c) Density Compliance. Any structure designed, constructed, adapted or maintained for a use or a density not specifically permitted by this ordinance is prohibited. Section 8-103. Transition Features. (a) When Required. Each building site must have the transition features required by this section if it lies directly across the street from, or within 20 feet of, another building site restricted by this ordinance to a use less intensive than the actual use of the first building site. Intensities of uses are ranked in the following order, beginning with the least intensive use: (1) single-family (detached) use, (2) single-family (attached) use, (3) other residential use, (4) any other use. (b) Fence Or Wall. If the building site lies within 20 feet of the less-intensive use, there must be an opaque fence or wall eight feet in height separating the more-intensive activities on the building site from the less-intensive use. The side of the fence or wall facing the less-intensive use must be finished. (c) Across-Street Requirement. If the building site lies directly across the street from the less- intensive use, there must be the greatest practicable amount of pervious area within the ten feet of the building site closest to the less-intensive use. Section 8-104. Non-Residential Sites And Buildings. (a) Buildings. Entrances. Etc. If a building site with a non-residential use abuts both a residential street and a major thoroughfare, none of the following may face, or be located adjacent to, the residential street: (i) any building on the site, (ii) any primary entrance to a building, or (iii) any structure or device designed to provide goods or services. On such a building site, no sign, driveway or curb cut may be oriented toward, or connected to, a residential street. (b) Bui/dings In C District. If a building site with a non-residential use in the C District adjoins a building site in a residential district, none of the buildings on the non-residential building site, and no structure or device deSigned to provide goods or services, may face the adjoining building SIte. (c) Building Matena/s. The materials of each building with a non-residential use must be of equal grade and quality on all sides. No such building may have an exterior surface of mirrored glass. ------------------------------------------------------------------- REFOR0ATTED ZONING ORDINN~CE I b20mast(11-22-94) pac;e 2l Section 8-105. Loading docks and waste storage areas. All 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 adjoining building site used for residential purposes. Section 8-106. Parking, Garages, Dliveways, Loading Areas. Article 10 also regulates parking, garages, driveways and loading areas. Section 8-107. High Output Lighting Devices .........installed on a building site All high output lighting devices,(tnu5t be designed, constructed and operated so as to prevent them from directly illuminating any part of another building site in a residential district or any part of a building located thereon. A device is presumed to "directly illuminate" a site or building if: (i) it casts C distinct shadows upon the site or building, or (ii) the bulb or light source is visible from the site or building. light which casts Section 8-108. Sexually otiented businesses. (a) Spacing. Notwithstanding any other provision of this ordinance to the contrary, a "regulated establishment" (as defined in the sections of the Code of Ordinances relating to sexually oriented businesses) may not be located: (1) within 750 feet of any school, church, youth athletic facility or licensed day care center, within the city, which facilities are hereby found and determined to be inconsistent with the operation of a regulated establishment; or (2) within 250 feet of any other such regulated establishment for which there is a permit. (b) M easurem ent. Measurements for the foregoing distance regulations shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the building site where the regulated establishment is located to the nearest point on the property line of the building site occupied by the other facility or establishment. (c) Other Provisions. The provisions of this Ordinance and the provisions of the Code of Ordi- nances relating to sexually oriented businesses shall both be applied to regulated establishments, and said provisions of the Code are adopted, confirmed and made a part of this Ordinance by this reference. Section 8-109. Maintenance. Any facilities or structures required to comply with this ordinance or with any variance or special exception must be maintained in good working order. Section 8-110. Frontage and side ya.rd. (a) Special Exceptions. The ZBA may issue a special exception to change the front street line of a building site 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) Minimum Street Side Yard. In connection with any such special exception, the ZBA shall prescribe a special width for the street side yard, which shall control over the general yard width requirement. The minimum width the ZBA may prescribe is determined by the width of the building site measured along the new front street line (formerly the side street line), as follows: W idr), Of But/ding Site Mintmum Street Side Yani width ........,. .... ~ss than 60 feet 10 f~~t 60 fe~t or more.but I~ss than 70 f~et 15 f~~t 70 f~~t or more, but less than 80 f~"t 20 r~~t ----~-------------------------------------------------------------- REFORrffiTTED ZONING ORDINP~CE I b20mast(11-22-94) ?age 22 80 feel or more The same setback distance which would be required if the side streel line were the front street line (i.e.. fronl yard depth). Section 8-111. Other Ordinances. Other ordinances also apply to structures and activities regulated by this ordinance. See, for example, Chapters 3, 4, 6, 8, 17, 19 and 20 of the City's Code of Ordinances. Section 8-112. Other Laws. (a) Purposes. The purposes of this section are: (i) to recognize that federal or state laws (or constitutions) can amend or take precedence over this Ordinance, (ii) to establish an efficient method to respond to claims that such a law has amended or taken precedence over this Ordinance, (iii) to allow claimants to get an official ruling on such claims before there is a violation of this Ordinance, and (iv) to encourage interpretations and rulings that would harmonize this Ordinance with all federal and state laws, whenever practicable. Requests for the City to make an accommodation or other legally-required exception are included in this category of claims. (b) Notice. A person with such a claim may notify the Building Official. To be effective, a notice must: (i) identify the law upon which the claim is based as well as the part of this Ordinance claimed to be amended or otherwise affected, (ii) identify the specific premises and activities proposed, (iii) include identification data for the persons who would carry on the activities, if identity is relevant under the law upon which the claim is based, and (iv) be signed, verified by affidavit and delivered to the Building Official. The Building Official may promulgate a standard form and may reqUIre supplemental information. (c) Endorsement. When an effective notice is delivered, the Building Official shall examine it and attempt to confirm the information provided. The Building Official may request the assistance of other city officials and, if appropriate, law enforcement agencies. If the Building Official determines: (i) that a notice is true and complete, (ii) that the law mentioned in the notice clearly supports the claim made and (iii) that there is no discretion about the application of the law and its effect on this Ordinance, the Building Official shall endorse the notice to indicate the extent that part of this ordinance has been amended or otherwise altered, for the specific premises and activities mentioned in the notice. In order to make such determinations, the Building Official my impose reasonable conditions or explanations of the endorsement. (d) Appeals, Etc. A claimant who does not receive a full, unconditional endorsement of the claimant's notice within 21 days following delivery to the Building Official may appeal to the ZBA for such endorsement at any time. Unless a greater vote is required by state law, the ZBA, by simple majority, may issue any non-discretionary endorsement. If there is discretion involved, no endorsement may be issued, but the ZBA may issue a variance or special exception as provided below For any appeal filed later than the 180th day following the date the notice was originally delivered, the ZBA may require a showing of good cause for the delay and a showing that circumstances have not materially changed. (e) Special Exceptions. Etc. In addition to an appeal, or in lieu of an appeal, the claimant may request a variance or special exception (note that the owner of the site must join in the request). If the ZBA makes special findings that the notice filed with the Building Official was true and complete and that the law relied upon clearly or probably supports the claim, the ZBA may lssue a special exception to cover the premises and activities claimed. Either the Building Official or the ZBA may refer a claim to the Z&PC or the City Council if it appears that a response to the claim would reqUIre an amendment to this Ordinance. (f) Confidentiality. A claimant may request that information provided to the City under this section be held confidentially by taking these steps: (i) marking the information clearly and providing a second copy of each affected document from which the marked information has been obliterated, and (ii) REFO~~TTED ZONING ORDINfu~CE f b20mast(11-22-94) ?aqe 23 providing an explanation of why the information should be kept confidential. The City shall not release any information claimed to be confidential unless required to do so by Chapter 552, TEX. GOY'T CODE or other controlling law. For good cause shown, the ZBA may provide for confidentiality in its proceedings, also subject to Chapter 552, TEX. GOY'T CODE. (g) Effect of Endorsed Notice. In any proceeding to enforce some specific part of this Ordinance, it is an affirmative defense that: (i) the alleged violation falls within the scope of the premises and activitiesAmentioned in a notice filed under this section, and is carried on by the persons identified in the notice, if identity is relevant; (ii) the notice was endorsed as contemplated by this section before the violation occurred; and (iii) any conditions imposed by the endorsement were fully complied with. (and the specific part of this Ordinance) Section 8-113. Utility Or Service Uses. The lBA may issue a special exception to authorize a non-complying activity, structure or site for a complying utility or service use, in any district, if the ZBA finds that: (i) the proposal is both necessary and reasonable, (ii) it will not unduly alter the character of the immediate neighborhood and (iii) it will not unreasonably interfere with sight lines or other safety factors. An affirmative defense may also apply to City-controlled conditions or activities under Article 6. Section 8-114. Boundary Areas; Other Municipalities. (a) Purposes. The purposes of this section are: (i) to prevent unregulated "strips" or "gores" parallel to municipal boundaries, and (ii) to encourage cooperation with other municipalities. (b) Recognizing A reas Outside City. In those cases where regulations for a given site are based on the uses (or zoning status) of area surrounding the site, the uses (and zoning status) of all the surrounding area shall be given effect, even if part of the surrounding area lies outside the City. For this purpose, any area assigned to a zoning district by another municipality shall be recognized as if it were within the zoning district of this City most nearly resembling the zoning district assigned by the other municipality. (c) Other Municipalities. The Building Official is authorized to make arrangements with other municipalities for cooperation in administration, enforcement and exchange of information, both routinely and in cases of zoning amendments and discretionary approvals. (d) Ordinances Affected. This section applies to regulations in this Ordinance or in ordinances mentioned in this Ordinance. Nothing in this section shall be construed as an attempt to regulate property outside this City ARTICLE 9. PLANNED DEVELOPMENT D ISTRICI'S Section 9-100. Purpose. The purpose and intent of this article is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the City, with overall use regulations as set forth below and in accordance with the City's comprehensive plan. A planned devel- opment district is designed: (i) to allow development other than single family (detached) uses which is harmonious with close proximity to SF Districts and will provide a benefit to residents of the City; (ii) to enhance and preserve areas which are unique or have outstanding sceniC, environmental, cultural or historic significance; (iii) to provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs; (iv) to encourage harmonious and coordinated development, considering natural features, community facIlities, circulation patterns and surrounding properties and neighborhoods; (v) to facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment; and (vi) to require the application of profeSSIonal planf1lng and design technlques to REFOR0~TTED ZONING ORDINANCS , b20mast(11-22-94) Page 24 achieve overall coordinated developments and avoid the negative effects of piecemeal or unplanned development Section 9-101. Certain regulations. Within a PDD, the applicable regulations shall be described in the corresponding PDD schedule. A POD schedule must require a minimum setback from the front street line on each building site of five feet. A PDD schedule may include the following land uses, and no others, determined by the pre-existing district in which the PDO is proposed: (1) In a SF District: single-family (detached) use only. (2) In a non-SF residential district: any use permitted in the GR-2 District. (3) In a non-residential district: any use permitted in the GR-2 District or the C District. Section 9-102. Site criteria. A person applying for the establishment of a PDD must own the entire area subject to the ap- plication. The area must include either: (i) 40,000 square feet or more, all contiguous or separated only by a street, or (ii) 20,006 square feet or more, all contiguous and composed of one or more parcels previously owned separately. Section 9-103. Procedures. (a) Submissions. 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 patterns, street areas, drainage, utilities, and maintenance of public spaces, together with any additional items the building official or the Z&PC may reasonably request. (b) Processing. The processing procedure for approval of a POD 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 PDD boundaries, and a PDD schedule shall be added to this ordinance to provide the necessary regulations. (c) Review; No Entitlement. The review of a POD, like all amendments to zoning ordinances, involves extensive procedures and legislative weighing of competing policy considerations. Therefore, no person is guaranteed or assured that a PDD either will or will not be acted upon favorably or within any given period of time, and no person shall ever be entitled to the approval of a PDD under any circumstances. ARTICLE 10. PARKlNG AREAS, DRIVEWAYS AND LOADING AREAS Section 10-100. Off-Street PmiOng. (a) Requirement by type of building space. There must be off-street parking spaces in accordance with the following minimum requirements for each occupied building space within the City: (I) Single-family (detached) use: one space in enclosed or semi-enclosed garage space plus one space (enclosed or not). (2) Other residential space: 2.50 parking spaces per dwelling unit. If there are more than two dwelling units on the building site, at least 20 percent of the required spaces must be available for common use and not reserved for specific persons or classes of persons. (3) Church space (including auditoria): one parking space for each three seats In the ------------------------------------------------------------------- REFOR.!vfP.TTED ZONING ORDINANCE I b2Cmast(11-22-94) ?ac;e 25 main auditorium. (4) Community center, library, school or museum space (including auditoria): ten parking spaces, 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 bed or 1.50 spaces per employee on the maximum work shift. (5) Theater 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) 1.50 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: 6.00 parking spaces per 1,000 square feet of gross floor area (7) Other office space: 4.00 parking spaces per 1,000 square feet of gross floor area. (8) Physical fitness facility space: ten parking spaces per 1,000 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: (i) 5.00 parking spaces per 1,000 square feet of gross floor area~ or (ii) 3.00 parking spaces per commercial unit. (11) Any space used for auto intensive uses: ten parking spaces per 1,000 square feet of gross floor area (12) Retail space used for rental of personal property (except space used for auto intensive uses): ten parking spaces per 1,000 square feet of gross floor area (13) 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 (14) Grocery store space, including neighborhood convenience store space: 5.00 parking spaces per 1,000 square feet of gross floor area. (15) Other retail and personal service space: 5.00 parking spaces per 1000 square feet of gross floor area (16) 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 vehicles used in connection therewith. (17) Shopping centers (the following requirements apply to all shopping centers, and these requirements shall control over any inconsistent provisions set out above): (i) at least 4.00 spaces per 1,000 square feet of gross floor area, plus any additional 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 3.00 additional spaces per 1,000 square feet of office space in excess of ten percent of the total floor area; (iii) if a shoppIng center includes a theater or auditorium occupying ten percent or less of the total floor area of the center, there must be at least 3.00 additional parking spaces for each 100 seats in the theater or auditorium; (iv) if a theater 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 theater area m excess of ten percent; for the ten percent portion, there must be at least 3.00 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; and (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 servlce REFORMATTED ZONING ORDINF~CE I b20mas:(11-22-94) Page 26 space. (18) All other types of space: ten spaces per 1,000 square feet of gross floor area used or occupied by people. (b) Requirement for m ixed-lIse buildings. To compute the parking requirements for any particular building, the total parking requirement shall be the sum of the specific parking space requirements for each type of space included in the building, except as to shopping centers. Section 10-101. Additional regulations. (a) Non-SF sites, The following regulations apply to all premises not used for single family (detached) use: (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. Use restrictions. Parking areas shall be kept open, readily accessible and used for parking only, with no sales, dead storage, display, repair work, dismantling or delayed servicing of any kind. Garages. On any building site used for single-family (attached) use, there must be at least two parking spaces per dwelling unit in an enclosed garage. Parking spaces within garages are counted in determining compliance with this article. Driveway spaces. Neither driveway spaces nor parking spaces within motor vehicle maneuvering areas are counted toward the minimum number of spaces. Driveway dimensions. Driveways must be at least eight feet wide, but any driveway longer than 110 feet must be at least 20 feet wide. No parking space may be farther than 500 feet (by driveway) to a street. Pervious area, exterior. Each parking area shall be surrounded by a belt of pervious area (which may include area within the street area) at least five feet in width (or three feet in width on building sites used primarily for single-family [at- tached] uses), except at those places occupied by perpendicular driveways or side- walks or by structures. 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. Special facilities. Each parking area must have all spaces clearly marked on the pavement surface, and there shall be wheel-stopping facilities where needed to protect life or property. Pavement. Each parking area, driveway and loading area must be paved with reinforced concrete, with curbs and drains. The ZBA may issue a special exception to allow other materials if it finds that they will provide equal or better durability (10) Curb cuts. In any GR District, there may be no more than one curb cut per subdivided lot. The ZBA may issue a special exception for additional curb cuts. SF sites. The follOWing regulations apply to all premises used for single family (detached) (2) (3) (4) (5) (6) (7) (8) (9) (b) use: (1) Pavement. Each required parking space must have hard-surfaced pavement. Twin "ribbons" of pavement are permitted. (2) Driveway parking; front yard. Non-enclosed parking spaces may be in a driveway but may not be in the front yard. (3) Garage size limit. There may not be garage space for more automobiles than the greater of: (i) four, or (ii) the number obtained by dividing the square footage of the building site by two thousand five hundred (2,500) and rounding down to the REFORMATTED ZONING ORDINfu~CE I b20mast(11-22-94) Page 27 nearest whole number. (4) Garage living space. In any accessory building containing garage space, no more than 600 square feet (gross floor area) of non-garage space is allowed. (5) Garage openings, side street. No door or opening into garage space may face a side street line unless all of the garage space is located ten feet or more from the side street line, and the area over the driveway to a depth of at least ten feet (measured inward from the side street line) must be open space. (6) Garage openings, front. No door or opening into garage space may face the front street line unless all of the garage space is located ten feet or more behind the front yard. (7) Driveway visibility. A person who owns or controls a side or rear driveway shall not place structures, plants or other things taller than two feet or shorter than eight feet within a driveway visibility triangle. This requires reasonable pruning and control of plants, but it does not require the removal of trees in existence on July 1, 1992. (8) Driveway route; "alternating driveways." Each driveway must connect garage space to the street by the most direct route. On narrow sites where alternate side yard areas apply (see "Yards" table in Article 7), the following special restrictions also apply: (A) there must be a driveway located as nearly as practicable to one side of the site; (B) the side is determined in accordance with the established driveway pattern for the block face in question, if there is such a pattern; and (C) if there is no such pattern, and if there is an adjacent driveway on one adjoining building site but not the other, the driveway must be on the side farthest from the adjoining driveway. Exceptions: (i) this paragraph does not prohibit circular drive- ways specifically permitted under another ordinance of the city, and (ii) a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. (9) Parking Areas. Parking areas (including dead end or stub driveways) are pro- hibited, except on that portion of a building site which is behind the principal building or within an area surrounded by opaque fences or walls at least six feet in height. (10) Driveway width. In the front yard, no driveway (or parking area, if allowed) may have a width greater than twelve feet (in case there is a rear garage or a single front garage) or 20 feet (in case there is a double or larger front garage). However, any driveway may have a reasonably-sized "flare" in the area where it approaches the street. (c) Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway in another location or with a different design than prescribed by this section, if it finds that: (i) the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations. Section 10-102. Minimum Dimensions. (a) Parking Spaces. All parking spaces must be at least nine feet wide and 18 feet long in order to be counted toward the minimum required number. In addition, the following regulations apply in the ' indicated circumstances: (I) Ninety-degree angle parking. Maneuvenng space shall be not less than 23 feet In REFOR...1-1.l\TTED ZONING ORDINJ\NCE , b20mast (11-22-94) Page 28 length or breadth. (2) Sixty-degree angle parking. Each parking space shall be not less than nine feet wide perpendicular 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 perpendicular to the parking angle and not less than 18 feet in length when measured at right angles to the building or parking lines. Maneuvering space shall not be less than 15 feet perpendicular to the building or parking lines. (b) Walkways. A private walkway, if provided adjacent to a non-SF 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. (c) Additional Space. 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) Same Site Rule. All parking spaces required by this ordinance must be located on the same building site with the building or space served. Exception: the required spaces may be located up to 300 feet from the entrance of a building served (and may be outside the City limits) for: (i) parking 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 (ii) spaces allowed by this Ordinance to be used jointly for two or more buildings or establishments. (b) Certain Joint Use Of Spaces. The ZBA may issue a special exception to allow up to 75 percent of the parking spaces required for any building site to be used jointly for another building site, if the ZBA finds that no increase in on-street parking is likely to result. Section 10-104. Loading spaces. On the same building site with every building used for non-residential purposes there must be adequate loading space, separate and apart from the off-street parking spaces. The amount of loading space shall be sufficient in size and configJration to avoid the possibility that loading or unloading would obstruct a street or sidewalk, taking into account the proposed use of the building and the types of vehicles likely to serve it. However, there must be at least one loading area (10 wide by 30 feet long) for each 20,000 square feet of gross floor area, or fraction thereof, of building space likely to require loading space. Loading areas do not satisfy this section unless they are located within 200 feet (measured in a straight line horizontally) of the furthest point in the building space they serve. ARTICLE 11. VARIANCES AND SPECIAL EXCEPTIONS Section 11-100. GeneI'm, (a) Variances, 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 specifically allowed by this ordinance. In connection with the issuance of any special exception, the applicant and the ZBA must comply with this article, ------------------------------------------------------------------- REFO~ATTED ZONING ORDINfu~CE I b20mast(11-22-94) Page 29 Section 11-101. Procedures. (a) Application. 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 specific provision of this ordinance from which a variance is requested or the specific provision which authorizes the special exception requested, as the case may be. The ZBA may prescribe the form of the applications. Proof of ownership in a form satisfactory to the ZBA. 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. If requested by the ZBA or the building official, a traffic and parking analysis conforming to requirements as to scope, format and authorship as may be prescribed by the ZBA or building official. 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 question. (b ) Notice cmd hearing. 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 a form prescribed or approved by the ZBA, on or before the tenth day preceding 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 circulation 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. (3) The ZBA may prescribe additional notice for hearings or rehearings of a matter for which notice is initially 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. (2) (3 ) (4) (5) Section 11-102. Findings. (a) Varicmces. The ZBA may not issue or modify a variance unless all of the following cIrcumstances are present: (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. (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 exceprions. 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 Increa.se in traffic or an unrea.sonable ------------------------------------------------------------------- REFORJ.'1..:;'TTED ZONEJG ORDINl<J.\JCE I b2J:7:2.st 1:-:::2-94) :J~"..,...;:;. In .........~'- ....-V 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 ZEA has found that the applicant has clearly demonstrated that there is a readiness, willingness and ability to comply with all applicable laws, rules, regulations and ordinances relating to alcoholic 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 pre- scribed by the ZEA or required by this ordinance for the special exception in ques- tion. Section 11-103. Conditions; TIme Period; Etc. The ZEA may prescribe conditions in connection with any variance or special 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 minimize 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 NONCONFOR.1'\1mES Section 12-100. Purpose. The purpose of this article is to establish rules to allow prior nonconformities ("PNC's") to con- tinue (with certain exceptions) 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 nonconformity of PNC's. Section 12-101. Buruen 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, for each non-conforming item: (i) PNC status has been acquired, and (ii) PNC status has not been lost. Section 12-102. Acquiring PNC st:ltus. (a) General Rule. An item (defined below) acquires PNC status if: (i) the Item was constructed or established in conformance with the zoning ordinance (as applicable at the time); and (ii) after construction or establishment, the item became non-conforming solely because the zoning ordinance was adopted or amended. The item acquires PNC status on the effective date of the ordinance making it non-conforming. Items which can acquired PNC status are: (1) A separately-existing building site. (2) A structure. (3) Some aspect, use or part of such a building site or structure. (b) Work under cons[n/ction. For purposes of acquiring PNC status, any structure for which all necessary City construction 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 REFOR1~L~TTSD ZONING ORDIf,I~l'JCS , b20rnast (ll-2:-9~ ?age 31 shall be treated the same as a structure constructed before the effective date, but only if: (i) the applications are eventually granted, and the permits are actually issued (before or after the effective date), and (ii) the structure is completed substantially in accordance with the same plans and specifica- tions filed initially to obtain the 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 constructed before the effective date, but only if all of the building's significant structural elements, including the roof and all load-bearing members, were completed as of the effective date and the building is fully completed within five years thereafter, (c) Other committed work. For purposes of acquiring PNC status, any principal building con- structed new or substantially remodeled after a given effective date shall be treated the same as a structure constructed before that effective date, if all of the following criteria are present: (1) Prior site acquisition. The person initially claiming PNC for the building ("applicant") must have acquired fee simple title to the entire building site for the building on or before the ninetieth day preceding the effective date in question. (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 specifications and the filing (by the applicant) of complete and effective applications for all necessary building permits incorporating such completed plans and specifications, on or before the ninetieth day following the given effective date; (ii) completion of the construction or remodeling substantially in accordance with the same plans and specifications filed initially to obtain the necessary City permits, within the time allowed by those permits, including any extensions lawfully granted. Section 12-103. Losing PNC St,ltuS. (a) New principal building. If, after the 1987 effective date, a new principal building is constructed on a building site, PNC status is lost for all PNC items relating to the building site. Exceptions: (i) this does not apply to those principal buildings treated the same as structures constructed prior to a given effective date (see above); (ii) PNC status with respect to a building site dimension is not lost. (b) Confomlance is achieved: discontinuation. If a PNC item is changed to conform to this ordinance for an indefinite period or for ISO days or more, PNC status is lost for that item. If a use of property is discontinued for lSO days or more (exclusive of time when actual construction work prevents the use), the use loses PNC status. (c) Loss to casualty, etc. If 51 % or more of the fair market val ue of a structure is lost to casualty, eminent domain, obsolescence, demolition or other similar cause, the structure loses PNC status. The ZBA may issue a special exception to allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i) rebuilding is necessary to avoid substantial economic waste and economic hardship, and (ii) there will be no substantial adverse effects of the rebuilt structure. (d) Violation of special conditions. If a PNC item was specially authorized by a zoning ordinance of the city or by a special exception, variance, permit or other authorizatIOn, and if the terms or conditions of the authorization are violated, the item loses PNC status. (e) Degree of nonconfomlity increased. A PNC item loses PNC status to the extent that the degree of nonconformity is increased (or to the extent that the non-conforming area IS expanded). ExceptIOns: (l) 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 (i.e., "work under construction" and "other committed work"). REFON\fi..ATTED ZON:L:IG ORDIN.i\NC'2 I b20mast (11-22-94) Page 32 (2) If a principal building in a SF District acquired PNC status on an effective date because of a non-conformity with a new side setback or side yard requirement on one side of the building site, the building does not lose its PNC status with respect to that specific nonconformity (on that same side of the building site) if the nonconformity is expanded or increased as a result of a remodeling project and the gross floor area of the principal building has not increased to 200 percent or more of its gross floor area on the given effective date. A principal building so remodeled has the same PNC status as the original building with respect to the side setback or yard requirement on the same side of the building site where the original nonconformity was located, but this does not apply to any new nonconformity (on the other side or elsewhere). (3) If the PNC item is a shortage in off-street parking spaces serving a building, PNC status is not lost by a change in the building if the increase in the number of required spaces resulting from the change is provided, on an incremental basis. (f) Garages. If the PNC item is non-compliance with garage regulations, PNC status is lost if: (i) an existing garage is removed, destroyed or converted to a non-garage use, or (ii) space is added to the principal building so that its gross floor area is increased to 200 percent or more of its gross floor area on the 1987 effective date. (g) Driveways. If the PNC item is non-compliance with driveway regulations in an SF District, PNC status is lost if: (i) a new driveway is constructed, (ii) an existing driveway is either replaced or expanded, or (iii) space is added to the principal building so that its gross floor area is increased to 200 percent or more of its gross floor area on the 1987 effective date. (h) Building site dimensions. If the PNC item is non-compliance with one or more of the required minimum dimensions of building sites (example: minimum dimensions of 75 by 105 feet in the SF -2 District), PNC status is not lost as to any dimension unless it is brought into compliance. Any such non-compliant building sites may be improved by any construction, reconstruction, expansIOn or other project otheIWlse lawful. (i) Passage of Time. The following PNC items lose PNC status upon the expiration of the time periods indicated: Use of a building site in an SF District for business activities Time Penod SpeclQl CondlllOnJ Ten years from the 1987 etTectlve date Ten years from the 1987 etYective date PNC status for space which qualities as confonmng accessory quarters is not necessanlv lost Ten yea" from the 1987 dTecllve dale 180 days follOWing the 1987 dYectlve dale 180 davs follOWing the 1987 dTectlve date Ten yeJI"S following Ule 1987 dYectlve I date - PNC Ifem Presence of more dwelling units than allowed in an SF District Use of a budding Slle bv more than one family in vlOlalJon of SF Disl11ct use regulatIOns High output lightIng deVIces in VIolation of Article 8 Lack of special screens in ViolatIOn of Article 8 (waste storage or loading) Non-compliance with pervIous area requirement In the C District. Section 12-104. Work To Achieve Compliance; The budding official may Issue J permIt with J specific conditIon requiring that J PNC Item be RE FOR1"ti\TTED Z'Ct'J I t'JG ORD I:,Jj1J~CE b20rnast (1:-=2-9~ ?ac;e 'I < brought into compliance if: (i) the item has lost PNC status or will soon lose PNC status, (ii) substantial work is necessary to achieve compliance, and (iii) the person in control of the property demonstrates both the willingness and the ability to achieve compliance. It shall be an affirmative defense in any proceeding to enforce this ordinance with respect to the PNC item that: (i) such a permit was issued, and (ii) work to achieve compliance is prosecuted diligently. Section 12-105. Special Exceptions To Extend PNC Status. The ZBA may issue a special exception to extend or reinstate PNC status for any item, upon application by the owner or someone with a substantial interest in the affected property, if the ZBA finds: (i) a substantial investment was reasonably made in the PNC item, or in reliance upon it, and (ii) extension of PNC status is necessary to allow a reasonable period in which to amortize the investment, or to avoid unreasonable waste of any remaining value of the item with PNC status. An extension may be for a fixed term or for an indefinite period. This section applies both to PNC items losing status by lapse of time and to PNC items losing status for other reasons. A special exception may allow the rebuilding, remodeling or modest enlargement of a structure which would otherwise lose PNC status and may allow the continuation of PNC status. ARTICLE 13. ENFORCEMENT Section 13-100. Certain pelmits. 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 otherWlse prescribed by ordinance, a person desiring a permit under this ordinance must apply in writing to the building official. Any person aggrieved by any aCtlon 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 13-103. Proof of celtain facts. (a) lv!ultip/e-fami/y residence. It is presumed that two or more families reside upon a given building site if either of the following sets of circumstances is present: (I) Seven or more people, with at least three different famIly names among them, re- side upon the building site. (2) Two or more persons pay money or give any thmg of value to one third party in exchange for the right to live upon separate portIons of the building SIte, where RE FORl....1.l\TTED ZONING ORDINA..."JCE , b2 Omas t ( 11- 2 2 - 94) Page 34 each separate portion is physically separated from the others and each has a sepa- rate entrance to the outside. (b) Single-jam ily building. It is presumed that a building is used for a residential use other than single-family (attached) use or single-family (detached) use, if the building is 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. (c) Control oj property. It is presumed that a person controls real property (and all structures on the property) during a given time period, if that person has either arranged for or paid for any utility service for the property for that time period. Proof of such arrangement or payment may consist of excerpts from the customer billing records of the company or entity providing the service. (d) Ownership oj property. It is presumed that a person owns a given item of property if: (1) the person is shown on the current City tax roll as the owner of the property; or (2) the property was conveyed (or purportedly conveyed) to the person by deed, bill of sale or other document, and a reasonable search has revealed no similar document conveying (or purporting to convey) the property to someone' else. (e) Multiple utility service. It is presumed that utility service is provided to a person at a given place during a given time period, if that person has arranged for or paid for the utility service for that place for that time period. Proof of such arrangement or payment may consist of excerpts from the customer billing records of the company or entity providing the service. (f) Prooj oj residence. For purposes of this ordinance only, it is presumed that a person resides in a given place at a given time, if any of the following sets of circumstances is present: (1) The person is registered to vote with the place listed as his or her residence at that place. (2) The person has arranged for or paid for any utility service with respect to the place in question and for the time period in question; the place is a residence; and the person did not give the company or entity providing the service another address as the person's residence. (3) The person has given the address of the place as the person's address at or shortly before that time, without indicating that it is temporary or "in care of" another person. (4) According to official records of the Texas Department of Public Safety (or its successor), the person's residence address is at the given place at that time. (5) The person has stayed overnight at the given place more than once during the time period in question. Proof of such stays may consist of one or both of the following, or other proof: (i) proof that the person was present at the place for an hour or longer between the hours of 2:00 a.m. and 7:00 a.m. on any two days separated by at least 42, but not more than 90, intervening days; or (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 7:00 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 three days. ------------------------------------------------------------------- REFOR.~n.TTED ZONING ORDINl\...l\JCE f b20mast:(11-22-94) Page 35 ARTICLE 14. AMENDMENTS Section 14-100. Manner of initiation. (a) Interested Persons. Any interested person may initiate the consideration of an amendment to this ordinance by sub mining the proposed amendment to the Z&PC together with any required filing fee and any information and materials the Z&PC may require. (b) City Bodies. The City Council, the ZBA, other boards and commissions of the City and the officers and employees of the City acting in their official capacities may also initiate the consideration of amendments to this ordinance by sub mining them to the Z&PC together with any information and materials the Z&PC may require. (c) Z&PC Initiation. The Z&PC may initiate the consideration of a proposed amendment on its own motion. Section 14-101. Procedure and healings. (a) State Law Procedures. 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. (b) Legislative Proceedings. The extent and type of consideration given to any proposed amendment is purely within the legislative discretion of the Z&PC or the City Council, as the case may be, and no amendment is guaranteed any particular degree or type of consideration. Section 14-102. Special majolities. The number of votes on the City Council required to approve an amendment is determined by the city Charter, except that, when the number of wrinen protests required by section 211.006( d) of the Texas Local Government Code (Vernon's 1988) or any successor statute, is received 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. ZONING & PIANNING COMMISSION AND ZONING BOARD OF ADJUSTMEi~T Section 15-100. Constitution; powers and duties. The Z&PC and the ZBA are established and shall be constltuted as prescribed by the City's Charter. They have the powers and duties prescribed by the Charter, applicable law, this ordinance or other ordinances of the city. Section 15-101. Zoning & Planning Commission. (a) Number. Quomm. The Z&PC shall have the number of members appointed by the City Council from time to time, within the limits prescribed by the Charter. A quorum is a majority of the members appointed and holding positions which are not vacant, but never fewer than three. Each member of the Z&PC shaJI be appointed to a specific numbered position, numbered from" I" through "5" (plus "6" and "7," if appointed). (b) Qualifications. Each appointee, at the time of appointment, must be a resident of the City A member who ce35es to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter, but shall continue to serve until the successor is appointed and qualified. REFO~~~TTED ZONING ORDINANCE I b20mast(11-22-94) Page 36 (c) Tenns. Each position has successive terms of office, with each term beginning on September I of each odd-numbered calendar year and extending through August 31 of the next following odd- numbered calendar year. Each member appointed shall serve for the specific term, or the unexpired portion thereof, of the specific position to which the member is appointed. Members shall also serve after the expiration of a term of office until a successor is appointed and qualified. (d) Appointments, Vacancies. Appointments for upcoming terms may be made no sooner than sixty days prior to the beginning of the term. In the event of death, resignation, removal from office or any other vacancy, a successor shall be appointed to serve the remaining unexpired portion of the specific term of office of the vacant position. (e) Removal. The City Council may remove a member for cause on a written charge after a public hearing. (t) Officers. The l&PC shall select a presiding officer, a vice presiding officer and a secretary from among its members. (g) No CompensaJion. The members of the l&PC shall receive no compensation for their services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by authority of the city manager or the City Council. Section 15-102. Zoning Board of Adjustment (a) Number, Quomm. The lEA shall have the number of members prescribed by the Charter. A quorum is four. Each member of the lBA shall be appointed to a specific numbered position, numbered as follows: regular positions numbered from" 1" through" 5" and alternate positions numbered from "Al" through "A4," (b) Qualifications. Each appointee, at the time of appointment, must be a resident of the City. A member who ceases to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter, but shall continue to serve until the successor is appointed and qualified. (c) Tenns. Each position has successive terms of office, with each term beginning on September 1 of each odd-numbered calendar year and extending through August 31 of the next following odd- numbered calendar year. Each member appointed shall serve for the specific term, or the unexpired portion thereof, of the specific position to which the member is appointed. Members shall also serve after the expiration of a term of office until a successor IS appointed and qualified. (d) A ppointm ents, Vacancies. Appointments for upcoming terms may be made no sooner than sixty days prior to the beginning of the term. In the event of death, resignation, removal from office or any other vacancy, a successor shall be appointed to serve the remaining unexpired portion of the specific term of office of the vacant position. (e) Removal, The City Council may remove a member as provided in applicable state law, (t) Officers. The ZBA shall select a presiding officer (who shall have the authority of the "chairman") and a vice presiding officer from among its members. (g) No Compensation, The members of the lEA shall receive no compensation for their services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by authority of the city manager or the City Council. (h) Office. The office of the lEA shall be at the office of the building official. [End] b20:\ozmast ------------------------------------------------------------------- REFORM],.TTED ZONI:JG ORDINAt\JCE I b20mast (11-22-94) Page 37 APPENDIX A-ZONING ORDINA.:"<CE SCHEDULE PDD.THl* BELLA1RE BOULEVARD TOWNHOUSE P.D.D. ("PDD-THl DISTRICT") (a) Generally. (1) This sc.h.eclule applies only to the PDD-THl district. The purpose 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 inconsistency between any provision in this schedule and any other provi. sian of this ordinance, the provision in this schedule shall control. (3) The owner of a building site in this district may elect to be governed by all of the regulations applicable to single-family (detached) use, as if the building site were in the SF -3 District and in lieu of the regulations otherwise applicable to the building site. If such election is made in a fonn prescribed by the building official. and if all the SF -3 regulations are complied with, single-family (detached) use is allowed in this district. (b) AciciztwnaJ. szte cntena. (1) Parking areas. There must be motor vehicle parking area which complies with A...rticle 10 of this ordinance, except that the minimum number of parking spaces per dwelling unit shall be three (3) were one (1) space per dwelling unit is available as guest parking. Parking shall not be permitted above ground leveL . (2) Addition.a1. 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 (2) curb cuts shall be allowed. However, in the case of the development of Lots 6, 7, 8. 9 and the east ten (10) 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 (1) curb cut on Mercer Street. (iil If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to two (2) curb cuts. (ill) 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 twenty (20) feet wide. (vi) Cul-de-sac driveways may not exceed fifty (50) feet in length if a terminus is not provided or two hundred (200) feet in length if a terminus is provided. TernUl'..l must have adequate dimensions to allow tu:-rung. (3) Additional setback regulations (living space). No living space shall be permitted vrithin the dis- tances from property lines indicated below: -This scnedule IS an Integral par. o( the zonmg ordinance of the City at West Umve:slty Place. T e.xas. Supp. No.8 1709 WEST UNIVERSITY PLACE CODE ( Condition Blank building wall or wall with solid. core, one-hour rated doors separates living space from property line Other building wall separates living space from property line, and: Six. foot or taller fence or wall stands be- tween building and property line There is no such fence or wall Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line 10 5 5 20 12 15 10 12 10 10 20 20 (c) Additional building criteria. (1) Dwelling unit size. Each dwelling unit must contain at least one thousand six hundred (1,600) square feet of gross tloor area and shall be at least si..xteen (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 (5) feet to another dwelling unit. (il) dNo ~dow ~ay be closer than filly (50) feet to a facing window to living space in another ( we g umt. (ill) Neither eaves nor balconies may be closer than forty (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 twenty (20) feet to any facing wall of another dwelling unit. (3) Courtyard. 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 (6) feet high in front of the dwelling units and not more than eight (8) feet high on the sides and the rear. Supp. No. B 1710 APPE."'ffiD:: A-ZONING ORDINANCE SCHEDULE PDD-TH2- KIRBY DRIVE TOWNHOUSE P .D.D. (UPDD-TH2 DISTRICT") (a) Generolly. (1) This schedule applies only to the PDD.TH2 district. The purpose of this district is to maintain and protect one of the city's plann~ single-family, attached.buildingresidential 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 dist..'"ict. In case of any conflict 'or inconsistency between any provision in this schedule and any other provi. sion of this ordinance, the provision in this schedule shall controL (3) The owner of a building site in this district may elect to be governed by all of the regulations applicable to single-family (detached) use, as if the building site were in the SF -3 District and in lieu of the regulations otherwise applicable to the building site. If such election is made in a form prescribed by the building official, and if all the SF -3 regulations are complied with, single-family (detached) use is allowed in this district. (b) Additian.a1 site crituia. (1) Parking areas. There must be motor vehicle parking area which complies with Anicle 10 of this ordinance, except that one (1) space per dwelling unit must be available as guest parking. Parking shall not be permitted above ground level (2) Addition.aJ. access provisions. (i) If a building site abuts both Kirby Drive and another street, there may be one (1) curb cut on Kirby Drive and on each oth1':!r abutting street. (in If a building site abuts only Kirby Drive, vehicular access shall be limited to tw'o (2) curb cuts. (ill) 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 twenty (20) feet wide. (vi) Cui.de-sac driveways may not exceed fifty (50) feet in length if a terminus is not provided or two hundred (200) feet in length if a terminus is provided. Termini must bave adequate dimensions to allow turning. (3) Addition.a1 setback regulations (liuing space). No living space shall be permitted within the dis. tances from property lines indicated below: Condition Front Street Line Distance From Property Line (Feet) Side Side Rear Street Property Property Line Line Line Blank building wall or wall with solid. rore, one-hour rated doors separates living space from property line 5 5 5 20 -ThIS schedule is an integral part of the zorung orrlina.'1ce cf the City of West unlversity Place. Texas. Supp. No.8 1711 WEST UNIVERSITY PLACE CODE ( Condition Other building wall separates living space from property line, and: Six. foot or taller fence or wall stands be- tween building and property line There is no such fence or wall Front Street Line Distance From Property Line (Feet) Side Side Rear Street Property Property Line Line Line 10 12 8 10 10 10 20 20 (c) Additional building criteria. (1) Dwelling unit size. Each dwelling unit must contain at least one thousand four hundred (1,400) square feet of gross floor area and shall be at least sixteen (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 (5) feet to another dwelling unit. (ii) No window may be closer than fifty (50) feet to a facing window to living space in another dwelling unit. (ill) Neither eaves nor balconies may be closer than forty (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 twenty (20) feet to any "',- facing wall of another dwelling unit. (3) Courtyard. 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 (6) feet high in front of the dwelling units and not more than eight (8) feet high on the sides and the rear. Supp. No. 8 1712 APPEN"DD:: A-ZONING ORDINANCE SCHEDULE PDD-TH3- BROWNING TOWNHOUSE P.D.D. ("PDlJ..TH3 DISTRICT") (a) Generally. (1) This schedule applies only to the PDD-TH3 district. The purpose 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 inconsistency between any provision in this schedule and any other provi- sion of this ordinance, the provision in this schedule shall controL (3) The owner of a building site in this district may elect to be governed by all of the regulations applicable to single.family (detached) use, as if the building site were in the SF.J District and in lieu of the regulations otheI"Vlise applicable to the building site. If such election is made in a form prescribed by the building official, and if all the SF.3 regulations are complied with, single-family (detached) use is allowed in this district. (b) Additianal. site criteria. I' (1) Parking areas. There must be motor vehicle parking area which complies with Article 10 of this ordinance, except that only two (2) parking spaces per dwelling unit are required. Parking shall not be permitted above ground leveL (2) Additional access prouision.s. (i) If a building site abuts Browning, there may be only one (1) curb cut on that street pel" dwelling unit. (ii} There may be no more than one (1) curb cut on Academy or on Weslayan. (ill) 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 twenty (20) feet wide. (vi) Cul-de-sac driveways may not exceed fifty (50) feet in length if a terminus is not provided or two hundred (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: Co ndir-:..on Distan.ce From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line Blank building wall or wall with solid. core, one-hour rated doors separates living space from property line 5 5 5 20 -This schedule IS an integ:r.l1 part of the zoning orriinance of the City of West UniversIty Place. Texas. Supp. No.8 1713 \VEST UNIVERSITY PLACE CODE ( , Condition Other building wall separates living space from property line, and: Six-foot or taller fence or wall stands be- tween building and property line There is no such fence or wall Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line 10 12 8 10 10 10 20 20 (c) Additional building criteria. (1) Dwelling unit size. Each dwelling unit must contain at least one thousand four hundred (1,400) square feet of gross floor area and shall be at least sixteen (16) feet in width (measured to include outside walls and one-half of any cornman 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 (5) feet to another dwelling unit. (ii) No window may be closer than fifty (50) feet to a facing window to living space in another dwelling unit. (ill) Neither eaves nor balconies may be closer than forty (40) feet to a facing \vindow to living space in another dwelling unit. (ivl Neither windows to living space nor balconies may be closer than twenty (20) feet to any facing wall of another dwelling unit. ( , '~,. Supp. Nt). 8 1714 APPENDIX A-ZONING ORDINANCE SCHEDULE PDD-TH4* WESLAYAN TOWNHOUSE P.D.D. ("PDD-TH4 DISTRICT") (a) Generally. (1) This schedule applies only to the PDD-TH4 district. The purpose 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 inconsistency between any provision in this schedule and any other provi. sion of this ordinance, the provision in this schedule shall control. (3) The owner of a building site in this district may elect to be governed by all of the regulations applicable to single-family (detached) use, as if the building site were in the SF -3 District and in lieu of the regulations otherwise applicable to the building site. If such election is made in a form prescribed by the building official, and if all the SF -3 regulations are complied with, single-family (detached) use is allowed in this district. (b) Addw.anaJ. 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 (1) space per dwelling unit shall be kept available as guest parking. Parking shall not be permitted above ground leveL (2) Additi.anaJ. access provisians. (i) If a building site abuts both Weslayan and another street, there may be only one (1) curb cut on each street. (il) If a building site abuts only Weslayan, there may be no more than two (2) curb cuts on Weslayan. (ill) 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 twenty (20) feet wide. (vi) Cul-de-sac driveways may not exceed fifty (50) feet in length if a terminus is not provided or two hundred (200) feet in length if a terminus is provided. Termi.'li must have adequate dimensions to allow turning. ' (3) Special setback regul.ations (living space). No living space shall be permitted within the distances from property lines indicated below: Coruiiti.an Blank building wall or wall with solid. core, one-hour rated doors separates living space from property line Front Street Line Distance From Property Line (Feet) Side Side Rear Street Property Property Line Line Line 5 5 5 20 -'fhis schedule is an integral part of the %oning ordinance of the Clty of We:lt University Place. Texas. SUPP- No. 8 1715 WEST UNIVERSITY PlACE CODE ( Condition Other building wall separates living space from property line, and: Six.foot or taller fence or wall stands be- tween building and property line There is no such fence or wall Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line 10 12 8 10 10 10 20 20 (c) Additional building criteria. . (1) Dwelling unit size. Each dwelling unit must contain at least one thousand four hundred (1,400) square feet of gross floor area and shall be at least sixteen (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 (5) feet to another dwelling unit. (ii) No window may be closer than fifty (50) feet to a facing window to living space in another dwelling unit. (ill) Neither eaves nor balconies may be closer than forty (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 twenty (20) feet ~o any facing wall of another dwelling unit. (3) Courtyard. 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 (6) feet high in front of the dwelling units and not more than eight (8) feet high on the sides and the rear. ( Supp. No. 8 1716 APPENDIX A-ZONING ORDINAN'CE SCHEDULE PDD.THS* BISSONNET TOWNHOUSE P.D.D. ("PDD-TH5 DISTRICT") (a) Generally. (1) This schedule applies only to the PDD-TH5 district. The purpose of this district is to maintain and protect one of the city's planned singh~-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 inconsistency between any provision in this schedule and any other provi. sion of this ordinance, the provision in this schedule shall control (3) The owner of a building site in this district may elect to be governed by all of the regulations applicable to single-family (detached) use, as if the building site were in the SF -3 District and in lieu of the regulations otherwise applicable to the building site. If such election is made in a form pres.:ribed by the building official. and if all the SF -3 regulations are complied with, single-family (detached) use is allowed in this district. (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 (1) space per dwelling unit shall be kept available as guest parking. Parking shall not be permitted above ground level. (2) Additional access provisions. (i) If a building site abuts both Academy and Bissonnet, no curb cuts on Bissonnet and no more than two (2) curb cuts on Academy are permitted. (il) If a building site abuts only Bissonnet, there may be no more than two (2) curb cuts. (ill) The design of all access driveways and other pathways must be coordinated with adjacent properties so as to allow a coorriinated 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 twenty (20) feet wide. (vi) Cul-de-sac driveways may not exceed fifty (50) feet in length if a terminus is not provided or two hundred (200) feet in length if a terminus i:S provided. Termini must have adequate dimensions U:l allow turning. (3) Additional. setback regu.1atum.$ (living space). No living space sbail be permitted within the dis- tances from property lines indicated below: Co n.di.tion Blank building wall or wall with solid. core, one-hour rated doors separates living space from property line Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line 5 .-- 5 5 20 -Thi3 schedule i3 an integral part of t..'1e zoning ordinance of the City of West University Place, Texas. Supp. No. 8 1717 WEST UNIVERSITY PLACE CODE ( Condition Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line Other building wall separates living space from property line, and: Six. foot or taller fence or wall stands be- tween building and property line There is no such fence or wall 10 12 8 10 10 10 20 20 (e) Additional building criteria. (1) Dwelling unit size. Each dwelling unit must contain at least one thousand four hundred (1,400) square feet of gross floor area and shall be at least sixteen (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 (5) feet to another dwelling unit. (ii) No window may be closer than fifty (50) feet to a facing window to living space in another dwelling unit. (ill) Neither eaves nor balconies may be closer than forty (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 twenty (20) feet to any facing wall of another dwelling unit. (...,/ Supp. No. 8 1718 APPENDIX A-ZONING ORDINANCE SCHEDULE PDD.THS* RUSKIN TOWNHOUSE P .D.D. (''PDJJ..TH6 DISTRICT") (a) Generally. (1) This schedule applies only to the PDD.TH6 district. The purpose of this district is to m2intain and protect one of the city's planned single-family, attached.buildingresidential 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 inconsistency between any provision in this schedule and any other provi. sion of this ordinance, the provision in this schedule shall controL (3) The owner of a building site in this district may elect to be governed by all of the regulations applicable to single-family (detached) use, as if the building site were in the SF -] District and in lieu of the regulations otherwise applicable to the building site. If such election is made in a form prescribed by the building official, and if all the SF-] regulations are complied with. single-family (detached) use is allowed in this distriCl (0) A.a.aLtwnaJ sue cnun.a.. (1) Parking areas. There must be motor vehicle parking area which complies with Article 10 of this ordinance, except that only two (2) parking spaces per dwelling unit are required. Parking shall not be permitted above ground level (2) A.ddi.tianal access provisions. (i) If a building site abuts Ruskin, there may be only'one (l) curb cut on that street per dwelling unit. (in There may be no more than one (1) curb cut on Weslayan. (ill) 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 twenty (20) feet wide. (vi) Cul-de-sac driveways may not exceed fifty (SOl feet in length if a terminus is not provided or two hundred (200) feet in length if a. terminus is provided. Termini must have adequate dimensions' to allow turning. (3) Additional setback regulaticns (liuing space). No living space shall be permitted within the dis. tances from property lines indicated below: Condition Blank building wall or wall with solid- core, one-hour rated doors separates living space from property line Distan.ce From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line 5 5 5 20 -This schedule is an integral part o( the zoning ordinance o( the City o(W~t University Place, Texas. Supp. No. 8 1719 WEST UNIVERSITY PLACE CODE ( CoruIitWn Other buildingwall separates living space from property line, and: Six. foot or taller fence or wall stands be- tween building and property line There is no such fence or wall Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Lin.e Line 10 12 8 10 10 10 20 20 (c) Additional bu.ilding criteria.. (1) Dwelling unit size. Each dwelling unit must contain at least one thousand four hundred (1,400) square feet of gross floor area and shall be at least sixteen (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 (5) feet to another dwelling unit. _ (ii) No window may be closer than fifty (SOl feet to a facing window to living space in another dwelling unit. (ill) Neither eaves nor balconies may be closer than forty (40) feet to a facing window to living space in another dwelling unit. (i-v). Neither windows to living space nor balconies may be closer than twenty (20) feet to any facing wall of another dwelling unit. (d) Additianal. use. The ZBA may -issue a special exception for the use of a building site for parking of motor vehicles in connection with nearby commercial activities upon approval by the ZBA o( the types of vehicles to be parked, the design of the parking facilities (including landscaping, paving, lighting, signs, etc.) and curbs cuts, all of which may be included as conditions to the special exception. (~- ." ~:..c;.~ ( SUl)'p. No. 8 1720 APl'ENDIXA-ZONING ORDINANCE SCHEDULE PDD-~ MERCER TOWNHOUSE P.D.Do (UPDD-TH7 DISTRICT") (a) Gen.erall y. (1) This schedule applies only to the PDD- TH7 district. The purpose of this district is to maintain and protect one of the clt;iS pIHnT'l~ sing:l.e-family, attached-blliJdi:ng residential areas and to provide 'necessary regulations for buffering of adjacent anas with less-intensive land uses. (2) All of the provisi.ons of this orrHn!tT,~ shall apply to this district as if it were part of the TH district, except that; the addit:iDnal provisi.ons set out in this schedule shall also apply to this district. In case of any conflict or incrm.sistency between any provision in this schedule and any other. provi- sion of this ordinance. the provision in: this schedule sh.a.ll controL (3) The owner of a building site in this dUtrict may elect to be governed by aU of the regulations applicable to single-family (detached) use, as if the building site were in the SF-3 District and in lieu o(the regulations otherwise applicable to the building site. If such election is made in a form prescribed by the building official. and if all the SF-3 regulations an: complied with. single-family (detached) use is allowed in this district. (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) Addi.tionaJ, acuss provisions. (D The design of all access J:t.i.y~wa.'y.:I and other pathways must be coordinated with adjaomt properties so as to allaw a coordinated and integrated. cirt:u.lat.i.on system with the adjoining pro~ . (ill Rp<:irlents of adjacent bm1,HTlg sites in the same district shall be granted rights of ingress and egress over the entire c:ircllation system. (ill) Each drivl::Wl:1j must be at les.st twenty (20) feet wide_ (iv) Cul-de-sac driveways may not exceed fifty (50) feet in length if a terminus is not provided or two hundred (200) feet in length if a terminus is provided. Termini must have adequ.ata dimensions to allow ttIrning. (3) .Alternate setlxu:lt ~gulations. ~ as specifi.cally allowed by the projections schedule (which is attached to this ordinance and made a part h~f for all purposes), neither a structure nor any part of a structure is permitted in any of the following areas: (D The side setba.dc area within ten (10) feet of Bissonnet Street. (ll) The front setbadt area. within twenty (20) feet of Mercer Street. (ill) The side setback area within twenty (20) feet from the south property line. (iv) The rear setbadt area within five (5) feet from the west property line. (c). Additional. bui1din.g criteri4. (l) DweJ1i.n.g unit size. Each dweD.ing unit must contain at least one thousand six hundred (1,600) square feet of gross floor area and shall be at least sixteen (16) feet in width (measured to include outside walls and one-h.alf of any common walls). (2) Spa.cin.g of dwe11in.g un.i.ts. Except where dwelling units are separated by common walls. the minimum distance between dwel1.ing units shall be as follows; (i) No part of any dwelling unit may be closer than five (51 feet to another dwelling unit. --rhi.! schedule is an in~ part of the :an.in.g ard.inanc:e of the City ofWe3t Univer3ity Place. ;exa.s. Supp. No. 8 1721 WEST UNIVERSITY PLACE CODE (ti) No window may be closer than fifty (50) feet to a facing window to living space in another dwelling unit. (ill) Neither eaves nor balconies may be closer than forty (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 twenty (20) feet to any facing wall of another dwelling unit. 3upp. No. 8 1722 ( ( . ~/' (~ APPENDIX A-ZONING ORDINANCZ Scm:DtJLE PDD-Clc EELLAIRE OFFICE DISTRICT r"PDIJ.Cl DISTRICT') (aJ Gen.era11y. 'I'hi:s schem,l~ applies only to the PDD-Cl distric:. The purpose of this distr..ct is UJ provide regTT 1 ~ti01l!l far a I"lltnTl~ offi.ce dist:ti.c: com~t;ble with nearby ~r1Pnti~ I areas and to provide for buiferiDg of 1.ess-inter1:si land uses. (b) Usa pumi:t:ai. The fa1lawing Ia:nd uses, and no ~ are permjtted. as pr.ncipal uses: (1) The owner of a building site in this district may elect to be governed by all of the regulatio~ applicable to singllHa.miJ (detached) use, as if the building site were in the SF-) District and in lieu o{the !'l:gUlations otherwise applicable to the building site. If such elcction is made in a form pre~ribed by the building official. and if all the SF- j regulations are complied. with, single-family (detached) u.sc is allowed in th.U district. (2) Ofi'ke uses, ~~'ng those uses involving only OffiC2S for conduct:i:ni res! estate, il'lsuraD.o! and other ~Tn,1Rl" bn~n~, and the offices of the archited:ural., cleri.ca.l. engineering. legal., dental. metii~l or other ~hHchPri recognized professions; in which only such per.lOIllle! are employed as are custmn.ari1y reqtIi.red far the pract:ics of mch btT~n~ or profession. (c) Height.. No strw:ture may ~ tbirty..five (351 feet in height. (d) Site crituia. (1) Setback area3.. E%cept as ~~Uy allowed by the prcj~ons scl:.edu1e, neither a st:nu::ure nor my part of a st::uct:ttre is permitted in aJJ.Y of the fa11awing areas: (i) The area within twenty (20) feet of the l-ear property liDs of my bui1d:ing sita. and for the purpose of this :sch.yinII!., the said rear p.u~"ty line .shall be not in exc2S8 at one hundred twenty (120) feet from the north right-of-way line of Bella.ire Boulevard. (ill The area upon I..ot 2. Block 35~ C,lnmat Terrace Addition (also known as the saath 140 feet of Tract 9~ Ctm ;".;dge Plaa!) whid1lies within forty (40) feet of the rear property line of said lat, said rear property line being located one hundred forty (140) fef!t north of the north right- of.way line of Be.llaire Boulevard. (ill) The area within ten (lOtfeet of any side street line which ahut3 a street fifty (SOl teet or le5S in wi.cith. . . (iv) The area within five (5) feet of aJJ.Y nde street line ~ a street more than fifty (SOl feet, but less than sev-enty (7OHeet in width. (v) The area within dYe (5) feet of the front street line (whidl i:s the common boundary with Be.ll.a:ire BoulevardJ. No structure shall be permitted in violation of any building line estab.lishecl by o.rd.inance or by recorded plat. (2) Di.mn:.sion:t. Each. building site (e:c:ept those used for utility and service uses or municipal uses) mu:rt: have the following minimum c1;mpn'Jion.s: m The minimum width is fifty (50) feet; (ill The minimum. area is m th.ousand (5,000) square feet. -rhia JChedul. is an ~ part of the mmq ord.inll.z:at of the Qty of Wesc U ni~ty E"~ r au. ~ N<a. a 1723 WEST UNIVERSITY PLACE CODE (3) Frontage. No building, no entrance to any building and no structure or device designed to provide goods or services may face or be located adjacent to any residential street. No building and no structure or device designed to provide goods or services may face any residential district directly. (4) Transition features. There must be an opaque fence or wall at least six (6), but not more than seven (7) 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 con- structed primarily of wood, it shall be located outside any easement for underground utilities and as close as practicable to the boundary. Unless both sides of the fence are finished the finished side must face the residential district. (5) 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 (10) 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 two hundred (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. (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 one thousand three hundred (1,300) square feet of gross floor area. ~ (i) ~-are-l2Eohibited except one (1) wall sign attached to the front of a principal building with thirty (30) Sqtrare..feet or less of display area, one (1) or more detached signs in front of the buildings (each with ~-MLsquare feet of display area or less), one (1) small tenant sign for each commercial unit and o~ real ~state sign for each commercial unit. (ii) Spt:\,;La\,;ular-mgns-and- off'premi~gns--are-pr~. (4) Building materials. 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. SuPp. No.8 1724 ( APPENDIX A-ZONING ORDINANCE S 16.107 LOT DMSION SCHEDULE'" Example A Assuming that, if the two (2) subdivided lots were divided, the closest structure to a side property line would be set back by five (5) feet, and further assuming that there would be no other conditions in violation or noncompliance with this ordinance, the two (2) subdivided lots could be divided along their common boundary. a.------T-.i. I I r.. . I /,":.J-o IT . ( "=~,~~-- ~no ~, - - - !~~ ~: ) - - ST/7CCT { Example B. If a structure straddles the common boundary of the two (2) subdivided lots, to divide the lots would create a condition in violation of this ordinance (Le., a violation of setback regulations), and this would prevent the division of the two lots. -ril-'--- -[...~. (.//v-cy" ,6;/(;' I , . /II./.;. Ii;/C v STREET -This Schedule is an integral part of the zoning ordinance of the City of West University Place. Supp. No.8 1735 S 16-107 WEST UNIVERSITY PLACE CODE Example C. Assuming that, if the two (2) subdivided lots were divided, the closest structure to a side property line would be set back by only two (2) feet, the two (2) subdivided lots could not be divided. c \,I\-~z..o T- -'-,- '-1--- I r-rrr' )/~c /1 . -' -j ~~ !:":2 _ _ '1_ - - - - - - - ~ -- STAEET Example D. Assuming that: (1) lfthe two (2) subdivided lots were divided, the closest structure to a side property line would be set back. by four (4) feet; (2) Such a four-foot setback would be in violation of this ordinance; (3) Such a four-foot setback would not have been in violation of the city's ordinances at the time the structure was constructed; and (4) There are no other conditions in violation or noncompliance with this ordinance; The two (2) subdivided lots could be divided along their common boundary. ( a---- I' +J ~._._=:._.. ~:;'~~~:~; (_<pro/,- kc _ _ _ ~_,_.?~~~~~ 1_ +_ __ ______ I -1 .:::: r/, L-c;r [The next page is 18951 Supp. No.8 1736 oJ:\.-uncn<1r.54 DRNEWAY VISffiILITY DIAGRAM Dillgr\lnl showing "drivcwny visibility triangles" Not /0 Jcale. House Gll'age Sidewalk nr~rD~~lTH5rNpfiB[llAIIUN STATE OF TEXAS: COUNTY OF HARRIS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared: Rory Socco, who after being duly sworn, says that she is the SUPERVISOR - ACCOUNTS RECEIVABLE of the HOUSTON CHRONICLE, a daily 1 p n ( t Ii 1 . newspaper published in Harris County, Texas, and that the publication, of which the annexed is a true copy, was published to wit: Date(s) ad published: 12/25/94 ad number: 6297627 customer: CITY OF WEST UNIVERSITY R~~;-&7r"~i~'f'-- - - -- - - - - oJ - m -- -- -- -- -- Supervisor-Accounts Receivable Sworn and subscribed to before me, this the 26th day of December A.D. 1994 -------~---~-~--~-------- Notary public in and for the State of Texas AlICEC.DELEON Notary Public, State 0\ T eX3': Commission Expires 03-03-9f '~.~ ~Z;;'.:~c-::'