HomeMy WebLinkAboutORD 1402 - ORD Amending New Sec 7-100-A to Article 7
ORDINANCE NUMBER 1402
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE. TEXAS. BY ADDING A NEW SECTION
7-100-A TO ARTICLE 7. CREATING A NEW SINGLE FAMILY DISTRICT
TWO (SF-2); REGULATING AND RESTRICTING THE USE. SIZE,
HEIGHT, AND DENSITY OF BUILDINGS AND OTHER STRUCTURES. THE
SIZE OF YARDS AND OTHER OPEN SPACES, THE LOCATIONS AND USE
OF BUILDINGS, STRUCTURES AND LAND FOR RESIDENTIAL AND OTHER
PURPOSES; REZONING ALL PROPERTY NOW A PART OF PEMBERTON
ADDITION AS SINGLE FAMILY DISTRICT TWO (SF-2), AMENDING
THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE
NUMBER 1394 ADOPTED ON MARCH 25. 1991. PROVIDING A PENALTY.
PROVIDING FOR SEVERABILITY. AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
* * * * * * * * * *
WHEREAS. the Zoning and Planning CORIIlission and the City Council
of the City of West University Place have conducted. in the time and
manner and after notice required by law and the Zoning Ordinance of the
City, a public hearing on these proposed amendments and changes in
zoning classification. and
WHEREAS, the Zoning and Planning CORIIlission has made a
recomendation and final report and the City Council now deems it
appropriate to adopt such proposed amendments and changes in zoning
classification; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. The facts and matters contained in the preamble of
this Ordinance are hereby found to be true and correct.
Section 2. City of West University Place Ordinance No. 1394,
adopted March 25, 1991. and being the Zoning Ordinance of the City. is
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Ordinance Number 1402
t.
hereby amended by adding to Article 7 thereof a new Section 7-100-A to
provide as follows:
IISection 7-100-A. Single-Family District Two (SF-2)
(a) General. This Section applies only to the SF-2 District.
The purpose of this District is to provide regulations to
maintain and protect the Cityl s single-family residences and
neighborhoods.
(b) Uses Pennitted.
(1 ) The fo 11 owi ng 1 and uses, and no others, are penni tted,
as principal uses: Single Family (detached) Use,
Utility or Service Uses, Municipal Uses.
(2) The ZBA may issue a special exception for any of the
following (which shall be considered principal uses if
such a special exception ;s granted):
(i) Park, Playground, or Community Center (Public)
(ii) School (Public)
(iii) Church
In connection with the above, the special exception may
also specify and limit accessory uses and accessory
bull di ngs.
(c) Maximum Density. No more than the following are permitted on
a single building site used for residential purposes (other
structures which are not mentioned are not restricted by this
Subsection) :
(1) One Dwelling Unit
(2) One Accessory Quarters
(3) Three Accessory Buildings
(4) One Swimming Pool (Private)
(5) One Tennis Court (Private)
(6) Garage space for the greater of the following:
(i) four automobiles, or
(11) a number of automobiles obtained by dividing
the square footage of the building site by
2,500 and rounding down to the nearest whole
number.
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(7) Non-bui lding ccessary sty'uctu s such as
followi ir conditioning structure, pl round
equipment, fl les, basketball goals lampposts,
other similar residentially-oriented structures.
(d) Height. The principal building on a buildin site may not
have more than two one-half (2 2) sto es a may not
exceed thi five (35) in height except:
(1) the maximum height of
twenty-five (25)
struc re in a rear yard is
(2) the maximum ight of mounted radio or television
antennas attached to principal buildings is four (4)
feet above roof of the building; and
(3) the maximum ight of chimneys a to principal
buildings is the greater of thi ve (35) t or
four (4) roof of the building.
No other structure may exceed twenty-five (25) in
height.
(e) Site Criteri
(1) Setback Areas. Except as specifically allowed
projections schedule (which is attached to is
Ordinance made a part hereof 11 purposes),
neither a structure nor any part of a structure is
permitted in any of the following areas:
(i) The front setback area, being area within
a certain distance from front street line
determined as indicated low:
Depth of Bui1~
Site
Fro19t Setback
s nee
110 feet or less
20 feet
More than 100 t
but not more than
125 feet
More than 125 feet 30
(ii) The interior side setback area being area
within a certain distance from any 5i
property line (not a side street line). The
interior si setback area is rmined as
follows:
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Ordinance Number 1402
Width of Buildinq
Site
Less than 75 feet
75 feet or more but
less than 100 feet
100
t or more
Side Setback
Distance
5 feet. except as
otherwise provided
in the side lot
setback schedule
attached to this
Ordinance and made a
part hereof.
The lessor of: (A) 5
feet, plus half the
distance by which
the width of the
building site
exceeds 75 or
(B) 7 feet.
The lessor of: (A) 7
feet, plus half of
the distance by
which the width of
the building site
exceeds 100 feet; or
(B) 10 feet.
(iii) For corner lots, the side street setback
area, which is the area within a certain
distance from the side street line. The side
street setback area is determined as follows:
FOR ROTATED CORNER BUILDING SITES:
Wi<:i..th of Building
Site
65 feet or less
More than 65 feet,
but less than 75 feet
75 feet or more, but
less than 100 feet
100 feet or more
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Side Setback
s nee
10 feet
10 feet plus the
distance by which
the width of the
building site
65 feet
20 feet
The same s k
distance which would
be required if the
side street line
were the front
street line (and for
Ordinance Number 1402
this purpose, the
"depth" of the
building site is
measured from the
side street line).
FOR ALL OTHER CORNER BUILDING SITES:
Width of Building
Site
Less than 75 feet
75 feet or more but
less than 100
100 feet or more
Side Setback
tHs~tance
5 feet, except as
otherwise provided
-j n the side 1
setback schedule
attached to this
Ordinance and made a
part hereof.
the lesser of: (A) 5
feet, plus half the
distance by which
the width of the
building site
exceeds 75 feet; or
(B) 7 feet.
The lesser of: (A) 7
feet, plus half of
thE~ distance by
which the width of
the building site
exceeds 100 feet; or
(B) 10 feet.
(Notwithstanding the foregoing, the ZBA may
prescribe a greater or lesser side street setback
distance as part of a special exception for a
corner lot pursuant to Article 16.)
('iv) The rear setback area, being the area within
twenty (20) feet of the rear property line.
(2) Special Setback Regulations.
(i) If there is an Established Building Line, or
if there is any front building line
established by recorded plat, the area between
such a line and the front street line is part
of the front setback area and is subject to
the same regulations as the remainder of the
front setback area.
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Ordinance Number 1402
(11) No structure shall be pennitted in violation
of any building line established by ordinance
or by recorded plat.
(iii) No accessory building containing garage space
opening to a side street is permitted within
ten (10) feet of any side street line. and the
area over the driveway to a depth of at least
ten (10) feet (measured inward from the side
street line) must be open space.
(iv) No door or opening into garage space may face
the front street line unless all of the garage
space is located ten (10) feet or more behind
the front setback line. These restrictions do
not apply with respect to a porte cochere. if:
(A) the building site has all required garage
space and parking elsewhere on the building
site. without considering the space under the
porte cochere. and (B) any door or gate on
the outside of the porte cochere is no
more than 40 percent opaque. and (C) the side
of the porte cochere facing the nearest
side lot line is no more than fifty (50)
percent opaque.
(v) No structure is pennitted in violation of any
special setback areas establ1shed or modified
by special exception issued for corner lots as
contemplated by Article 16.
(vi) Under no circumstances may a side setback area
adjacent to a street be reduced below five
feet in depth.
(3) Open Areas. At least forty (40) percent of each
building site must be open area. At least sixty (60)
percent of the rear yard and at least sixty (60) percent
of the front yard must be open area. The ZBA may
issue a special exception to reduce the requirement for
open area in a rear yard to not less then forty (40)
percent of the rear yard if the rear yard in question
abuts a non-SF or SF-2 District.
(4) Dimensions. Each building site shall have a minimum
width of seventy-five (75) feet. a minimum depth of one
hundred five (105) feet, and a minimum total area of
seven thousand eight hundred seventy-five (7875) square
feet. Provided however, where a building site having
less width. depth. or area than herein required existed
on the effective date of the Ordinance classifying such
site as SF-2. such building site shall be a PNC as
that tenn is defined in Section 12 hereof. and the
preceeding regulations relating to the dimensions of
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Ordinance Number 1402
building sites shall not prohibit the construction,
expansion, improvement, or reconstruction of a building
or structure thereon which is otherwise permitted under
these District regulations.
(5) Pervious Areas. At least twenty-four (24) percent of
each building site must be pervious area. At least
fifty (50) percent of each front yard must be pervious
area.
(6) Trees.
(i) For each building site there must be at least
one qualified tree located either in the front
yard or in the front right-of-way area. It is
an affirmative defense to prosecution under
this Paragraph that diligence is being used to
plant a qualified tree in the required
location or to replace a qualified tree
damaged or destroyed.
( 11 ) A qua 11 fi ed tree may not be removed in
violation of another ordinance of the City.
(7) Access. Each building site must have adequate legal
access to a street and to all necessary utilities.
(8) Special Screens. Loading docks and waste storage areas
must be surrounded by special screens. Any gates or
openings in the special screens must be kept securely
closed when not in use. No part of a waste storage area
may be located within ten (10) feet of any adjoining
building site in a residential district.
(9) Drainage Facilities. Each building site must have any
drainage facilities required by the City's Code of
Ordinances.
(f) Building Criteria:
(1) Use and Density Compliance. Any structure which is
designed, constructed, adapted or maintained for a use
or a density not specifically permitted is prohibited.
(2) Size of Principal Building. Each principal building
used for residential purposes must contain at least one
thousand four hundred (1,400) square feet of gross floor
area.
(3) Garage and Driveway
(i) Upon each building site used for residential
purposes where, after the effective date of
the Ordinance adopting this provision, an
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Ordinance Number 1402
existing garage is removed or destroyed (or
converted to a non-garage use), or a new
principal building is constructed or space is
added to an existing principal building
such an extent that its gross floor area is
increased to 200 percent or more of its gross
floor area on the effective date of the
Ordinance adopting this provision
following shall apply:
(A) There must be either enclosed rage
space or semi-enclosed garage s
capable or containing at least one
automobile of normal dimensions. In
addition, there must be hard-surfaced
areas, either within garage space or not,
where at least one more automobile of
normal dimensions may parked behind
the front setback line.
(B) On each building site, except a
corner building site, where there is a
side setback area less than five
wi de. as a 11 owed by the side Lot Setbac k
Schedule, (x) must a driveway
located as nearl as practicable to one
si of site exception: driveway
may be curved or away from the side
of the site to extent reas ly
necessary to avoid destroying or
seriously injuring a tree), (xx) the
side shall be determined in accordance
with the established driveway pattern for
the block face in question, if there is
such a pattern, (xxx) if re is not
such a pattern, and if is an
adjacent driveway one adjoining
building site but not other, then the
iveway must be on the si farthest
from the adjoining driveway.
(ii) each building site us residential
purposes where a new dri veway is constructed,
or any existing driveway is eithe replaced or
expanded, or a new principal building is
constructed, or space is added to an existing
principal building to such an extent t its
gross floor area is increas to two hu
(200) percent or more of its gross oar area
on the effective date of Ordinance
adopting this provision, the foll ng shall
apply: (A) the driveway must connect gara
space to the street by the most direct route
(exceptions: this does not prohibit circular
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Ordinance Number 1402
driveways specifically permitted under another
ordinance of the City, and 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.
(B) deadend or stub drivew~s are
prohibited, 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. (C) in the front setback area, no
driveway may have a width greater than twelve
(12) feet (in case there is a rear ~arage or a
sing 1 e front garage) or twenty (20) feet ( i n
case there is a double or larger front
garage); however, any driveway may have a
reasonably-sized uflare" in the area where it
approaches the street.
(iii) The lBA may issue a special exception for a
driveway in another location or with a
different configuration than prescribed above,
if the finds that: (A) the other location or
configuration will not unreasonably interfere
with available light and air and will not
significantly alter access for firefighting
and similar needs. (B) the other location or
configuration will prevent the destruction of
a qualified tree. (C) in the case of the
remodeling of a principal building, the
location requested is the same location as an
existing driveway. or (D) the location or
configuration requested ;s necessary for
safety considerations.
(4) Glrage Living Space. In any accessory building
containing garage space, all living space is prohibited
except for space which qualifies as accessory quarters.
(5) Signs. At those times when construction activity is
being actively pursued on a given building site pursuant
to a permit issued by the City, all signs are prohibited
except for one (1) small address marker and two (2)
other signs, each of which is either a small real estate
sign or a small construction sign. At all other times,
all signs are prohibited except one (1) small real
estate sign and one (1) small address marker per
building site. The lBA may grant a special exception
for one (1) institutional sign if the lBA finds that
it will not unreasonably distract drivers or
pedestrians, will not otherwise create a safety hazard,
and will not cause an unreasonable intrusion into the
neighborhood.
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Crainance Number 140?
(6) Lighting. All high output lighting devises must lie
designed, construLted and operated so as to preve~t them
from directly illumlnating any part of another building
s1te in a residential distrlct or any part of a
structure located thereon. II
Section 3. City of West UnlYersity Place Ordlnance ho. 1394,
adopted March 25, 1991, and being the Zon1lag Ordinance of th~ City, is
hereby further amendtod by changing every reference therein to
Single-Family District of SF, other than those LonUlned in Section
7-100, to include a reference to Single-Family District (SF) arid
Single-Family District Two (SF-2).
Section...!:. The area included within Pemberton Addition (the
area bounded by the:' sOllth side of University BClulevclrd, the west side
of Kirby Drive, the north side of Centenary Slre~t and the east side
of ~akeforest Street) presently has a zoning cldssification of
Single-Famil,)' District (SF). ThE: zoning classification of the area
within Pember'Lon Addition is hereby changed from Single-Family
District (SF) to Single-Family District Two (SF-2).
Section 5. The Clfhcial Zoning District Map of the City of West
University Place shall be revised ana amended to show 10ning
reclas!tificcltion of the area included within the Pemberton Addition,
as provided in Section 4 hereof, with the appropriate reference thereon
to the number ana effective date of this Ordinanc~ and a brief
description of the natur~ of the changes.
Section 6. Any person who shall violate any prov1Siol1 of this
Ordinance shall be deemed guilty of a mlsdemeanor and, upon conviction,
shea 11 be fined in an amount not to exceed $2,000.00. Eac,", day of
violation shall cor.stitute a separate offE:nse.
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Ordinance Number 1402
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ion 7. All ordinance or parts of ordinances inconsistent or
in conflict herewith are, to the extent of such inconsistency or
conflict, hereby repealed.
Section 8. In the event any section, paragraph, subdivision,
clause, phrase, provision, sentence, or part of this Ordinance or the
application of the same to any person or circumstance shall for any
reason be adjudged invalid or held unconstitutional by a court of
competent jurisdiction, it shall not affect, impair, or invalidate this
Ordinance as a whole or any part or provision hereof other than the
part declared to be invalid or unconstitutional; and the City Council
of the City of West Univers'ity Place, Texas, declares that it would
have pas each and every part of the same notwithstanding the
omission of any such part thus declal^ed to be invalid or
unconstitutional, or whether there be one or more parts.
Section 9. 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 Open
Meetings Act, Tex. Rev. Civ. Stat. Ann. art. 6252-17, 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 confil~ms such notices and the
contents and posting thereof.
Section 10. This Ordinance shall take effect on the tenth day
following its publication, as provided for in the City Charter.
PASSED AND APPROVED ON FIRST READING this 29th day of
, 1991.
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Ordinance Number
Voting
Voting
sent:
Johnson, Council
Councilmember Jenkins
Kelly Duke, Lang
PASS APPROVED ON SECOND AND FINAL READI
f June 1991.
Voting Aye:
Voting No:
ent:
this
10th
ATTEST:
(SEAL)
Approv as to Form:
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