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HomeMy WebLinkAboutORD 1978 Regarding Defintion of Dwellings and Accesory Quarters and UsesCity of West University Place Harris County, Texas Ordinance No. 1978 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEX" REGARDING THE DEFINITION OF DWELLINGS; ACCESSORY QUARTERS AND USES; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECTS. WHEREAS, the City Council and the Zoning and Planning Commission ( "Z &PC ") of the City of West University Place, Texas ("City') have held a joint public hearing on a proposal to amend the Zoning Ordinance of Me City, as last re- fermadetl and re- adopted by Ordinance No. 1872, adopted March 12, 2001, and as subsequently amended ( "Zoning Ordinance "); WHEREAS, the Z &PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, Me City Council has considered the report of the Z &PC as well as the Citys Comprehensive Plan, and City Council formally approves and adopts the report of the Z &PQ and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z &PC, according to the Z &PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repeated to the extent of the conflict only. Section 3. 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 Me 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 4. The City Council officially finds, determines 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 manner 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 pasting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED, AND APPROVED on first reading on May 13 , 20J-3. PASSED, AND APPROVED on second reading, AND SIGNED, on Sign d: Mayor Approved as to legal form: City Attorney EXhlbitA Zoning i Planning Comadieeion City of West University Place, Texas 3800 University Boulevard West University Place, Texas 79005 April 11, 2013 Honorable Mayor E Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the Zoning Ordinance and Code of Ordinances of the City of West University Place, Texas ( "City ") relating to THE DEFINITION OF DWELLINGS; ACCESSORY QUARTERS AID) USES. To the Honorable Mayor A Members of City Council: The Zoning A Planning Commission (Z&PC) of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. This proposal amends Chapter 2, Section 2 -102 of Appendix A of the Code of Ordinances by changing the definition of: A. - Accessory quarters" to make it clear that accessory quarters are allowed in both attached and detached garages; B. "ACC n sory- and - Single- family (detached) to clarify types of lawful accessory uses permitted in a single-family district; and, C. - Dwelling- to clarify which elements are mally necessary for a structure to be considered a dwelling. The Z&PC ban been evaluating staff- proposed, clarifying changes to the zoning ordinance. In particular, the Z&PC i attempting to address the requirement that within a single 9 family (detached) district (SID), a building site may contain only single dwelling unit plus accessory quarters (e.g.a maid's quarters) that is attached to the principal dwelling. Property owners who have accessory quarters over detached garages in separate buildings not allowed to substantially renovate them, while residents with attached accessory quarters have flexibility using such space. Under existing code, a detached garage containing accessory quarters r 0 not a legally conforming use of the accessory structure. The presumption is that attached accessory quarters are allowed s r 0 it 1 unlikely that a homeowner would lease accessory quarters within the principal structure to an related person. However, it i not necessary to use the definition of -accessory quarters• e i attempt to prevent leasing because leasing is prohibited by the Code of Ordinances and there are other provisions written into the regulations to disuuuvage multi - family use in a BPD. The definition of "dwelling" and 'accessory quarters' were not written just as a prohibition against certain types of uses, but also to establish minimum requirements for a at rushers in a SFD. The ZAPC•s concern is that the existing regulation may over-regulate spaces contained with a SFD. Residents may want to use these spaces for special single - family purposes such as guest suites and game rooms. Other examples of accausory buildings, structures o might include outdoor living spas uch cabana -type structure or kitchen patio areas that are intended to be extensions of swimming pool spaces and outdoor living areas. The Public hearing held on April 8, 2013 at 6:3o p.m. in joint s with City Council yielded s cement from the public. The public hearing w recessed and 0 continued to the regular a of the Zoning and Planning Commission held on April 11, 03013 at 6:00 p.m. There were additional, o supportive c 0 comments received and n changes to the proposal requested. The Zoning and Planning Commission closed its portion of the public hearing. Recommendation. Based on the review given this proposal, the Z&PC: (i) finds that the proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (11) finds that the proposal a nably addresses circumstances which have a e the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal. The Vote. The vote on approval of this report was follows: Brown, Frankel, Destefano, Griffith, Parikh, Clarke McEnany voted 'aye'; 0 'noes'; 0 absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST U)�N�I/VVEERSITY PLACE, TEXAS By: __IZ._�. —z--`- For the Commission Amend Appervi A. AW 2,Ser(ron2- 102,'Certain Terms', to read as argues: Accessary. A building, structure or use is accessery " V it is: (i) subordinate antl incidental to a lawful principal building and use on the same bubling site, and (1i) is necessary or convenient for a lawful principal use of such building. An accessory buill structure or use can Include but is not limited to a aaral guest summers, we cabana, name room or other similar use. (But see, Table 7 -1, Note 2) Accessary assurance (or, "AO). A dwelling unit meeting all of Me following create: (1) It Is located on Me same building site w es as , all im1tv As a principal building mmanino a reeling used for singleefamlly (detached) use; and (ti) it Includes no more Men six hundred square fast of gross floor area Denial unit (or 'UU ). A buinng, a single mom or a group of rooms essupiad -er capable of being occupied and which have all of to bllowing (I) direct access tram outside of the building or through a common hall; (li) plumbing a kitchen area Including a sink, a refrigerator and cooking equipment and (III) a full bathroom Including a sink, a commode and either a bathtub or a shower. Singae -a l (detached) use (w'SI A use of a building site when meets all M the following criteria: (1) There is no more than one dwelling unit it and one accessory quarters. other lawful accessom was am overall on the building site. (But sea. Table 74m. (2) There is no mu be utility service on Me building site (3) There is no physical connection between any call on Me building site and any other building on another building age. (6) No more than one family, plus no more than two residential workers, reside upon the builtling site. (5) If the family includes a person not related to each of the arms In Me family within four degrees of consanguinity or affinity, the unrelated person resides in the principal building with at least one of the others. (e) The arms building silo is weal exclusively for methods) purposes (although, as provided in Me definition of'residarmal purposes," an affirmative defense is available fair a home occupation and an incidental sale).