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Home My WebLink AboutORD 1435 - ORD Relating Zoning and Land Use Proposed Amendment No.2 (Rear Yard Buildings)(rev. 10-28-92) ORDINANCE NO. 1435 AN ORDINANCE RELATING TO ZONING AND LAND USE; AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS WITH RESPECT TO BUILDINGS IN REAR SETBACK AREAS (REAR YARDS); AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, on October 12, 1987 the City Council of the City of West University Place, Texas ("City") adopted on second reading the City's Ordinance No. 1298 which was a comprehensive revision and updating of the City's zoning ordinance ("Zoning Ordinance"); and WHEREAS, the City Council of the City on March 25, 1991, adopted on second reading the City's Ordinance No. 1394, which adopted and re-adopted the Zoning Ordinance with amendments; and WHEREAS, portions of the Zoning Ordinance have been amended since March 25, 1991, and it has become apparent that there is a need to consider an additional amendment to the Zoning Ordinance; and WHEREAS, the City Council and the Zoning & Planning Commission of the City have, after giving due notice, held a joint public hearing on such amendment as reported on preliminarily by the Zoning & Planning Commission, and at the hearing all property owners, citizens and interested persons desiring to be heard were afforded an opportunity to be heard; and WHEREAS, the Zoning & Planning Commission has studied this matter in great detail, and has made a revised final report (dated October 28, 1992) to the City Council with respect to the proposed amendment; and WHEREAS, the City Council has considered the report of the Zoning & Planning Commission and is of the opinion that the amendment should be adopted, as more fully set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Zoning Ordinance of the City of West University Place, Texas is hereby amended as set out in Exhibit A, which is attached hereto and made a part hereof for all purposes. Section 2. This ordinance applies from and after its effective date. Any violations committed before the effective date are governed by the zoning ordinance in effect before the effective date. 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 and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only, except as otherwise specifically provided. 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, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 5. 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 Law, 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 confirms such notices and the contents and posting thereof. Section 6. This ordinance shall take effect on the tenth day following its publication, as provided for in the City Charter. 2 PASSED AND APPROVED ON FIRST READING this _ day of ,19_. Voting Aye: Voting No: Absent: P ASSED)~.ND APPROVED ON SECOND AND FINAL READING this _ cfl3d.. day of ,~St-/{[;??/(;'~( , 19 7'.:J.;-J Voting Aye: Voting No.: Absent: Signed: ~ or ATTEST: ~~~ Kaylynn Hollowar City Secretary (SEAL) AJ~~C- James L. Dougherty, J r. City Attorney b3:\ozonam2r.54 3 Honorable Mayor And Members Of The City Council (Final Report) Page 4 Amendment Relating To Principal Buildings In Rear Yards (As Revised, 10-28-91) 1. Amend Note 8 on the Projection Schedule of the Zoning Ordinance of the City to read as follows: 8 Each projecting building must meet all of the following criteria: (a) It must be at least five feet from the rear property line (and from any SF District, in case of a required setback from a SF District). (b) It may have no window, door or other opening above the ground floor that faces any boundary of another building site within a SF District, if the window, door or opening is within ten feet of the boundary (whether on the side, rear or otherwise). (c) Only the following are allowed within the rear setback area: (i) in a principal building or in an attached accessory building: garage space and up to 600 square feet (gross floor area) of other space used for residential purposes, which may only be located above the garage space; (ii) in a detached accessory building: garage space and any other kind of space used for residential purposes (Note: see, also, restrictions in Article 7 about "garage building space.") 2. Amend Paragraphs 7-100(f)(4), 7-100-A(f)(4) and 7-1 OO-B(f)( 4) (all relating to "garage living space") to read as follows: (4) Garage Building Space. In any accessory building containing garage space, no more than 600 square feet (gross floor area) of non-garage space is allowed. ,. ,; ~;~.\r A l ~ \ \ ( , '., ~ ~ ' pages)