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HomeMy WebLinkAboutORD 1437 - ORD Relating Zoning and Land Use Proposed Amendment No. 4 (Garage & Driveways) ORDINANCE NO. 1437 AN ORDINANCE RELATING TO ZONING AND LAND USE; AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS WITH RESPECT TO GARAGES AND DRIVEWAYS; 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 final report 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: PASSED AND APPROVED ON SECOND AND FINAL READING this o1~day of 17 ' 199'~ II . Voting Aye: Voting No.: Absent: Signed: bJk;.~ Whitt F. Jo s , Mayor A TIEST: ~~~ Kayl . 1111 Holloway City Secretary (SEAL) Appr~ved as Form ~ h James L. Dougherty, Jf. City Attorney b3:~zonam4.54 3 Amendment Relating To The Setback For Garage Entrances (And Also Containing A Provision For "Visibility Triangles") 1. Amend paragraph (e )(2)(iii) of each section of the Zoning Ordinance primarily regulating an SF District (e.g., Section 7-100, Section 7-100-A, Section 7-100-B) to read as follows: [(i) and (ii) not changed by this amendment] (iii) 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. 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 at the time this provision takes effect. [remainder of section not changed] 2. Add a new definition of "driveway visibility triangle" to Section 2-102 of the' Zoning Ordinance, to read as follows: Driveway visibility triangle 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 within, and not within, a building site. An example diagram showing driveway visibility triangles is as follows: EXHIBIT (Page A I of '2- total pages) bJ :\:UllClltJ r.54 I Diagram showing "driveway visibility triangles" House Not [0 scalc. Garage Sidewalk EXHIBIT -1l. (Page 2. _of 2- total pages)