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HomeMy WebLinkAbout11102016 ZPC Agenda Item 3 Chronology of the Proposal for Building Sites(Chapter 5)and Building Site Designations Based on Meetin g Audios May and June meetings—Applicant appeared requesting that ZPC authorize the division of a building site that consisted of two platted lots combined after 1987, along the originally platted property lines so that there were two separate lots again.The issue was that this would allow for the division of a building site into two building sites that did not meet the dimension requirements contained in Table 5-1. During the course of the two meetings,there was much discussion regarding the process of recording the combination and division of lots to make conforming building sites, and proper notice to prospective property owners. There was also discussion regarding how a conforming building site is determined and which section of Chapter 5 is the controlling section. The bottom line instruction to staff was to prepare a possible ordinance amendment that would: 1. Make the notification of a division or combination for future property owners readily accessible through the real property records of Harris County, and 2. Clean up the wording in the two sections so that there is not room for misinterpretation. Staff was to bring back a draft proposal for discussion at the next meeting. July 14 meeting—Staff presented draft amendment that included changes to Section 5-100 and 5-101. The City Attorney was still looking at Section 5-102,which was the main subject of discussion over the controlling section.There was also a question about amending Table 5-1. ZPC decided to wait until receiving additional verbiage from the City Attorney to move forward. Note: what was presented is worded exactly as the proposal from the last meeting. No comments were made about that. August 11 meeting—Due to the absence of several ZPC members,the item was not placed on the agenda so that all members could have an opportunity to speak and vote, if necessary. September 8 meeting—This meeting focused on the Comprehensive Plan update and discussions regarding Town Center parking. When this agenda item was introduced, staff went over the ordinance template and attached preliminary report information. It was suggested that the ZPC take time to review the proposals and be ready to discuss and possibly vote at the next meeting. Staff had included an additional note to Table 5-1 in this proposal. October 13 meeting—Several ZPC members do not feel the proposal accurately reflects the changes originally requested. Staff was instructed to research and report back. ❖ The bottom line is there has not been much discussion regarding the original proposed amendment changes or the revision included after the July meeting. I believe based on comments made by the ZPC during and after the meeting with the residents regarding the request to divide the lot,staff believed ZPC was in favor of allowing the division when the lots had already been platted and dimensions had not changed or the lots been made smaller. Any new divisions of lots would be required to go through the platting process. Any lots previously combined and then proposing divisions that did not follow the original property lines would be required to go through the platting process. The proposal would only address those properties that started out as two separately platted building sites, combined to form a single building site, and then were proposed to divide with the same metes and bounds as originally platted. This type of process could be done without additional approval processes. Staff will, of course, revise the proposal as instructed. ARTICLE 5.-BUILDING SITES Section 5-100.-Requirement for building site. (a)Basic Criteria. Every structure must be located upon a building site meeting all of the following criteria: (1)The entire site must be contiguous and under common fee-simple ownership. (2)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. (3) Common-use areas are excluded. (4)The site may not include any area within another building site. (5)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. (6)The site must have a common boundary with a street area containing a constructed roadway approved and accepted by the city, or, in a QMDS, with a private street or other platted access way. (b) Certain 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. Section 5-101.-Designation of building site. (a) Owner's Action. 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)Administrative official's Action. The administrative 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 administrative 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. General Rule:This table prescribes the minimum dimensions for building Table 5-1. Building Site sites,by District. ("DU"means"dwelling unit.")Exceptions/Special Rules: Dimensions ;(1) See PDD Schedules for planned development districts. (2) See special notes in table. (3)The Z&PC may establish different dimensions by approving a plan,plat or replat(see Article 5). Item i Measurement SF-1 SF-2 SF-3 TH GR-1 GR-2 C Old building j 1 sites(before Width, 50 ft. 100 ft. October 24, 150 ft. 75 ft. 50 ft. N/A See See 75 ft. minimum 1987) Note 4 Note 4 See Notes 1 and 2. i i j 100 ft. T 100 ft. Depth, 100 ft. 105 ft. 100 ft. N/A See See 100 ft. minimum jNote 4 Note 4 5,000 40,000 2 000 'Area, 5,000 17,875 5,000 sq. ft. sq. ft. 7,500 minimum sq. ft. I sq. ft. sq. ft. I s erfDU See See sq. ft. p Notes Notes New ._�.._. ; �.. .�.�.�a ...,_a.�,___� � .1... building I sites(on or Width, 75 ft. 100 ft. after 75 ft. 75 ft. 75 ft. N/A See See 75 ft. October 24, minimum 1 i Note 4 Note 4 1987) See Note 3. I: W 1 __ _ 1 a m T-__.__ 1 110 ft. 100 ft. 75 ft. Depth, 110 ft. 105 ft. 110 ft. 1 N/A See See 100 ft. minimum I Note 4 Note 4 "'Area, -7- �' �8,250 40,000 118,250 17,875 18,250 2,000 sq. ft. 1 sq. ft. 7,500 minimum sq. ft. 'sq. ft. sq. ft. sq.ft. See See sq. ft. i I per DU Note 5 Note 5 1 Note 1. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of 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 date, under circumstances where there was no additional land used for the building site,and(ii)was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments,or as specifically allowed by Article 5. Note 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 feet 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. General Rule:This table prescribes the minimum dimensions for building sites,by District. ("DU"means "dwelling unit.")Exceptions/Special Rules: Table 5-1,cont. (1) See PDD Schedules for planned development districts. (2)See special notes in table.(3)The Z&PC may establish different dimensions by approving a plan,plat or replat(see Article 5). Item Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl Old 1 1 building sites (before Width, 50 ft. N/A 50 ft. October minimum 24, 1987) See Notes 1 and 2 ! 1 Depth, T100 ft. N/A N/A minimum 1 A 5,000 rea, 15,000 12 000 sq. ft. er DU `minimum sq. ft. 1 q' p`s sq.ft. New i building Isites(on or t after Width, 75 ft. 1N/A 50 ft. October minimum I 24, 1987) e See Note 3. 1 1 , Depth, I minimum 110 ft. N/A N/A l Area, minimum sq. ft 1 2,000 sq. ft.per DU sq ft Note 3. Certain Re-Subdivisions After October 24, 1987.A subdivided lot in a SF-1,SF-3 or GR-1 District may be further subdivided to produce a building site with less than seventy-five(75)feet of width or less than one hundred ten(110)feet 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 circumstances is present:(A)All portions of the subdivided lots are 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. Note 4. Width&Depth in GR-1 and GR-2 Districts. Minimum widths and depths do not apply to single-family uses(attached or detached). RegulationsNote 5. Area in GR-1 and GR-2 Districts. Minimum area is 2,000 sq.ft.for single-family uses (attached or detached). City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING THE DEFINITION OF SCHOOL; THROUGH LOTS IN A COMMERCIAL ZONING DISTRICT; RECORDING OF BUILDING SITE DESIGNATIONS AND DIVISIONS OF COMBINED BUILDING SITES; APPROVAL OF CERTAIN CURB CUTS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter("Zoning Ordinance"); and WHEREAS, the preliminary report also proposes amendments to the Code of Ordinances of the City; and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the Code of Ordinances of the City of West University Place, Texas and as amended by the proposal as described in Exhibit A, attached hereto. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued from time to time. The City Manager may reschedule the date and time, or both, to accommodate other pending matters, but the rescheduled date and time may not be later than 30 days past the date set by this ordinance. All other portions of Chapter 70 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Z&PC and the City Council. Section 6. 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 and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that 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, Open Meetings Law, Chapter 551, Texas Government Code, 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. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED AND, ADOPTED ON FIRST AND FINAL READING AND SIGNED on the day of ,2016. Attest/Seal: Signed: City Secretary Mayor Recommended: City Manager Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 November 10, 2016 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the Zoning Ordinance of the City of West University Place, Texas ("City" ) relating to the approval ofa certain number of curb cuts and driveways in the front yard and public right of ways; the definition of school and a 5 year sunset provision; through lots in a commercial zoning district; recording of certain building sites and the division of said sites in the real property records of Harris County. To the Honorable Mayor & Members of City Council : The Zoning & Planning Commission of the City submits this preliminary report on the subject proposal, for the assistance of the Council as well as other interested persons . Scope of Proposal . The purpose of this proposal is to 1) clarify the definition of school, other than a public school so that those schools with higher density and use will be properly approved in the correct zoning districts, and provide a 5 year sunset provision for existing uses; 2 ) Include commercial sites in the application of the requirements for through lots where applicable; 3) authorize staff to approve a third curb cut for those building sites on a corner site that meet the appropriate criteria in the zoning ordinance and Chapter 70 of the Code of Ordinances; and, 4) require that building sites that were combined and have not changed boundary lines can divide and become two separate building sites and providing for the recording of this action within the property records of Harris County. Recommendation. Based on the review given this proposal so far, the Commission: (i) finds that the proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its preliminary recommendation favorable to the proposal, and (iv) recommends that City Council adopt the proposal . The Vote. The vote on approvalof this report was as follows : voted "aye"; voted "no"; absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission October 13, 2016 ATTACHMENT"A" Amend Article 2, "Certain Terms"as follows: 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 circumstances where a license or permit is in effect or required to be in effect under the Texas Education Code or any other state law pertainiig in-eci-bcation or instructional services. Facilities for educational and/or classroom purposes offering an academic curriculum that is generally equivalent to public primary, middle school, or high school levels. This includes, but is not limited to study and tutorial centers, child care and limited child care centers, and vocation and trade programs that might be incidental to the operation of such schools. School (public).A school owned by a governmental entity having the power of eminent domain. Amend Article 12,Section 12-103(i), Losing PNC Status,as follows: (i)Passage of Time. The following PNC items lose PNC status upon the expiration of the time periods indicated: PNC Item Time Period Special Conditions Use of a building site in an SF District for business Ten years from the activities 1987 effective date Presence of more dwelling units than allowed in an Ten years from the PNC status for space which qualifies District. 1987 effective date fies as conforming accessory quarters is not necessarily lost. Use of a building site by more than one family in Ten years from the violation of SF District use regulations 1987 effective date Outdoor lighting in violation of Article 8 time period ending on August 31,2004 Lack of special screens in violation of Article 160 months (waste storage or loading) following the 1987 effective date Non-compliance with pervious area requirement in Ten years following the C District. the 1987 effective date Time period ending Non-conformance with building regulations by a on October 1,2008 canopy or similar object designed or used to shelter a 1 October 13, 2016 motor vehicle,a boat or similarly-sized items. Use of a building site as a school in a commercial Time period ending district without a special exception.as granted by the on October 15, ZBA. 2021. Amend Section 5-100 and 5-101 regarding Building Site Designations as follows: Section 5-100.-Requirement for building site. (a) Basic Criteria. Every structure must be located upon a building site meeting all of the following criteria: (1)The entire site must be contiguous and under common fee-simple ownership. (2)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. (3)Common-use areas are excluded. (4)The site may not include any area within another building site. (5)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. Building Sites containing existing lots platted with smaller dimensions shall comply with the requirements of this section. (6)The site must have a common boundary with a street area containing a constructed roadway approved and accepted by the city, or, in a QMDS,with a private street or other platted accessway. (b) Certain 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. Section 5-101.-Designation of building site. (a) Owner's Action.An owner or an owner's agent may designate a building site by submitting a permit application, plat, or legal description or other with the required city document to the GiVf Administrative Official showing a building site meeting the applicable criteria in effect at the time of the designation. (b)Administrative official's Action.The administrative 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 administrative 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 on a form designated by the Administrative Official. (c)Approved site designation forms shall be filed in the Administrative Official's Office and in the Harris County Real Property Records when two or more building sites are combined or divided. Table 5-1. Building General Rule:This table prescribes the minimum dimensions for building sites, by Site District. ("DU" means "dwelling unit.") Exceptions/Special Rules: (1)See PDD Dimensions Schedules for planned development districts. (2)See special notes in table. (3)The Z&PC may establish different dimensions by approving a plan, plat or replat(see 2 October 13, 2016 Article 5). Item Measunenne 5F'l, 3F-2 and SF-3 TH GR- GR- C nt 1 2 New building sites Width, 75 ft. N/A 50 ft. (on or after October minimum 24, 1987) See Note 3. Depth, 110 ft. N/A N/A minimum Area, 8'250 2,000 sq.ft. per 5'000 minimum sq.ft. DU sq.ft. ^-- -- ' ------ Note 3 Certain Re-Subdivisions After October 24, 1y87, A subdivided lot ino5F-1. SF-3o/GR-1 District may be further subdivided to produce a building site with less than seventy-five (75) feet of width or less than one hundred ten (110) feet 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 circumstances is present: (A) All portions of the subdivided lots are 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 shallovvest 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. D)The lots are divided throuah an owner's desianation of a buildina site and are divided along the original platted common boundary line. The buildina site desianation form must be filed in the real prooertv records of Harris County. October 13, 2016 Amend Section 7 Table 7-2: Yards(or'setbacks')as follows: Note 1. Through Lots or Building Sites or Rear Through Lots or Building Sites. If a lot or building site extends all the way through a block so that the front and rear both abut a street area,there is no rear yard.The site is a "through" or"rear through" lot or building site, and is considered to have two front yards, one at each street frontage. Front yard (setbacks) shall be as provided in Table 7-2. Exception: If the site is"flag" shaped or irregular,the "flag" portion shall have the same setback as the adioinine building sites fronting that street. General Rule: No part of any structure may be located within a part of a building site included within a yard defined, by District, Table 7-2:Yards in this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1)Structures may be located in yards (or'setbacks') to the extent allowed by the Projections Schedule. (2)See special rules noted in table. (3) See PDD Schedules for Planned Development Districts. (4)See additional setbacks in the PWSF Schedule. Item Measurement SF-1 �SF 2 ISF 3 1fH IGR 1 rR 2 lc Rear Distance from rear property 20 ft. 5 ft. See Note yard line. 20 ft.See Note 1. See 5 ft.See Note 7. 1 Note 7. Amend Section 7 Table 7-5a, Note 5 as follows: Curb cuts For SFD use: Maximum one per designated building site abutting Other regulations apply; Number the street. For non-SFD uses: Maximum one per 50-ft. segment see, e.g. Article 10 and of street line.See Note 5. Chapter 70 of the Code of Ordinances. Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts.Exception: The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances. These additional curb cuts are not prohibited and do not require a special exception. 4 Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold a joint public hearing in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6: 30 PM on . The hearing may be recessed and continued from time to time without further published notice. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City' s Zoning Ordinance and Code of Ordinances, as follows : Scope of Proposal . The purpose of this proposal is to 1) clarify the definition of school, other than a public school, so that those learning establishments with potentially higher density and use will be properly approved in the correct zoning districts and provide a 5 year sunset provision for existing uses; 2) Include commercial sites in the application of the requirements for through lots where applicable; 3) authorize staff to approve a third curb cut for those building sites on a corner site that meet the appropriate criteria in the zoning ordinance and Chapter 70 of the Code of Ordinances; and, 4) require that building sites that were combined and have not changed boundary lines can divide and become two separate building sites and providing for the recording of this action within the property records of Harris County. Additional details on the proposals as well as the Zoning Ordinance and Code of Ordinances are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 . The proposed changes to the Zoning Ordinance and Code of Ordinances would apply generally within the City, and any person interested in such matters should attend the hearings . The proposals may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance or Code of Ordinances . Date : City Secretary