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HomeMy WebLinkAboutORD 1438 - ORD Relating to Zoning and Land Use Proposed Amendment No. 5 (Porches) ORDINANCE NO. 1438 AN ORDINANCE RELATING TO ZONING AND LAND USE; AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS WITH RESPECT TO PORCHES; 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 t9 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 M.. APPROVED ON SECOND AND FINAL READING this - d~ day of . fr , 19 f2:-- Voting Aye: Voting No.: Absent: Signed: ATTEST: ~~1 _ --' _ ! _ ../:2: Ka ynn Holloway r City Secretary (SEAL) A~~l-- James L. Dougherty, Jr. City Attorney b3:\ozonam5.54 3 Amendment Relating To Porch Posts 1. Amend Note 12 to the Projection Schedule of the Zoning Ordinance to read as follows: 12 = Porch may not be designed or usable for motor vehicles and must be open and unobstructed around its entire perimeter, except for the following features: (a) Ordinary window screens. (b) The portion of the perimeter occupied by the remainder of the building to which it is attached. ( c) Supporting vertical columns if either of the following two circumstances is present: (i) the total width of the outer faces of the columns is not greater than ten percent of the porch's open perimeter or (ii) there are no more than two columns in the projecting part of the porch, and neither column is more than 12 inches thick, measured at its thickest point above 3.5 feet above the porch floor and along its greatest diameter (which would be diagonally, in case of a rectangular column). (d) A solid or partially open safety rail not higher than 3.5 feet above the porch floor. b3:\ameno5.54 EXHIBIT A- (Page ( of f total pages)