HomeMy WebLinkAboutOrd 1672 - zoning; revised zoning district map
City of West University Place
Harris County, Texas
Ordinance No. 1672
AN ORDINANCE ADOPTING AND RE-ADOPTING THE ZONING
ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,
WITH A REVISED ZONING DISTRICT MAP AND VARIOUS
AMENDMENTS TO THE TEXT; AMENDING CHAPTER515 AND 20 OF
THE CODE OF ORDINANCES; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council and the Zoning & Planning Commission (UZ&PC") of
the City of West University Place, Texas ('cCity") have held a joint public hearing on a
proposal to adopt and re-adopt the Zoning Ordinance of the City, as last reformatted
and re-adopted by Ordinance No~ 1493, adopted December 19, 1994 and thereafter
amended (UZoning Ordinance"), with a revised Zoning District Map and various new
amendments to the text; and
WHEREAS, the proposal also included companion amendments to the Code of
Ordinances; and
WHEREASJ the Z&PC has made a final report to the City Council with respect to
such proposal, which report is dated February 81 2001 and is attached hereto as Exhibit
A and made a part of this ordinance for all purposes; and
WHEREAS, the City Council has considered the report of the Z&PC and~ desires
to take final action on the proposal;
NOWt THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The Zoning Ordinance is hereby adopted and re-adopted in its
entirety, with various new amendments, as set out in the attachment to the Z&PC report
incorporated herein as Exhibit A. The revised Zoning District Map is hereby adopted in
the form recommended for adoption by the Z&PC on February 81 2001, which has been
signed by the presiding officer of the Z&PC and is on file in the office of the City
Secretary. Chapters 15 and 20 of the Code of Ordinances are hereby amended as
indicated in the last two pages of Exhibit A.
Section 2. All ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict only.
Section 3. If any word~ phrase, ctausel 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 the application of such wordJ phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby~
Section 4. 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 Texas Open Meetings Act, 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 actionA The City Council ratifies, approves and confirms such notices
and the contents and posting thereof. The City Council officially finds, determines and
declares that sufficient notices of the joint public hearing were given! and the City
Council ratifies3 approves and confirms such notices, including the contents and the
method in which they were given.
Section 5. This ordinance shall become effective on the tenth day following its
publication, as provided in the City Charter.
PASSED AND APPROVED on first reading on ~ ;J(" #00 I
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED on second reading on
Councilmembers Voting Aye:
Councilmembers Voting No:
. unci I members Absent: r
Si9:;~ ~:~-~~~
Mayor
Reviewed: J(i\,~
...2-
1 )00 (~
Recommended: ~~_
City Mager
City Attorney
b67:\540mnibusZON-124
Exhibit A, attached! includes these pages:
Report cover letter from Z&PC dated February 8, 2001 (4 pages)
Full text of Zoning Ordinance (55 pages} 2-1 through Z-55)
Amendment to Chapter 20 regarding minor plats (1 page)
Amendment to Chapter 15 regarding nudity and alcohl (1 page)
Exhibit A
(61 pages tot.)
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
February 8/ 2001
Honorable Mayor &
Members of the City Council
city of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject:
Final report on a proposal to amend the zoning
ordinance, the subdivision ordinance and sexually-
oriented business ordinances of the City of West
University Place, Texas ("City"), including the
"Omnibus I" amendments
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission of the City submits this,
its final report, on the subject proposal, for the assistance of
the Council as well as other interested persons.
Scope of Proposal. The proposal is to modify existing
regulations and add new regulations summarized below, and also
shown in the full text attached to this report:
Subject [reference
to zonina ordinance]
Proposals, summarized
(Note: \\SFD" means \\sinqle-familv detached")
Ale f mechan.ical
(Table 7-6, note 6]
Existing rule: Not allowed in side yards.
Proposal: Allow in side yards if encased or certified
quiet (7.0 bels OI less).
Existing rule:
Proposal:
Allowed in rear yard if there is a solid
wall behind the geax.
Add requirements for (i) encasement or
certified quiet (7.0 bels or less) and
(ii) low base height (14 inches).
Garages Existing rule: Must be set back 10 feet from front yard and side
street.
(Table 7-4a] Proposal: Clarify lO-foot setback and allow up to three-foot
"overhang" above the driveway.
Height measuring Existing rule: Generally, measure up from the top of curb in
front of each lot (or
[Art. 2 definition] establish "natural ground level")
Proposal: Generally, measure up from the average level of
the whole block face (average three points along
Minor plats
[Code, Ch~ 20]
Parking, driveways
[Table 7-SaJ
Existing rule:
Proposal:
Existing rule:
Proposal:
Existing rule:
Proposal:
Existing rule:
Proposal:
Prior non-conformity
[g12-103] Existing rule:
Whole ordinance
Proposal:
Existing rule:
Proposal:
Existing rule:
Proposal:
the block, at top of curb). See proposed changes
to this method, discussed below.
Zoning & Planning Cornrncission action required.
Allow approval by Public Works Director.
(No minimum spacing of driveways or curb cuts for
non-SFD uses)
For non-SFD uses, require 40 ft. between driveways
and lirndt curb cuts to one per 50 ft. of street
line.
Maximum driveway width is 24 ft. for non-SFD uses.
Increase to 30 ft~ or 35 ft. for major
thoroughfares (12 or 20 ft. for SFD use, depending
on garage size and driveway location) ~
Many driveway/parking rules apply only in certain
districts.
Apply most rules '''across the board" depending on
actual use (e.g-/SFD or non-SFD) in all districts.
Exanples: Width, length, pavement type, markings,
curb cuts, etc..
Prohibit re-building "as was" if 51% or more is
lost to fire, casualty, etc. (i..e.,
"grandfatheringH is lost if 51% or more is lost)
Allow houses (only) to be rebuilt even if 100% is
lost; clarify rules.
Use "fair market value" to determine percentage of
loss
Use '''replacement costff and add data source ~
Hi-output lights and special screens must comply
in 180 days (ending in 1988)
Reset time period to end in 2001
Existing: Last re-compiled and re-adopted as a whole in 1987
and 1994.
Proposal: Re-compile and re-adopt the whole zoning ordinance
again, with all changes inserted.
Note: Re-compilation and re-adoption would cover all existing
provisions of the zoning ordinance, including purposes,
definitions, districts and regulations. Regulations apply to
building sites, uses, yards, setbacks, open and pervious areas,
garage space, buildings, parking, driveways, maneuvering areasf
vehicular facilities, other structures, projections into yards,
accessory structures, transition features, orientation and
materials of non-residential sites and buildings, loading docks
and loading areas, waste storage areas, lights, sexually-oriented
businesses, maintenance, frontage of sites, utility or service
uses, planned development districts, variances, special
exceptions, prior non-conformities, enforcement, amendments,
zoning and planning co~ssion, zoning board of adjustment,
personal wireless service facilities, and related matters.
Zoning district map Existing:
Proposal:
Family-type homes
[Art. 2, new ~8-115]
Existing:
Proposal:
Old mono-color map in use since 1987.
Adopt new multi-color map with updated notes and
designations.
No specific provisions (federal and state laws apply
in some cases).
Allow them for disabled persons, but require City
approval. Add regulations.
Sexually-oriented
businesses
[Code, ch~ 15J
Existing rules:
Proposal:
Spacing and other regulations apply~
Add a prohibition of nudity where alcohol is sold
or served. Adopt state penalty~
*
Proceedinos. Pursuant to public notices, the Zoning &
Planning Commission and the City Council held joint public
hearings in the Council Chamber of the Municipal Building on
November 27, 2000. The hearings provided an opportunity for
parties in interest and citizens to be heard in relation to the
proposals, and several persons took advantage of that
opportunity. The Chief of Police provided a memorandum and
extensive information about the secondary effects of sexually
oriented activities. city staff also provided input and
. recommendations to the Commission. The Commission has reviewed
the Comprehensive Plan. The Commission has considered all of
this information, and now recommends all the amendments as
submitted at the public hearings, with these changes:
Height definition:
The Comrncission recommends a revised method of
determining the ~standard base level." It would use
a the average elevation of eight points on a building
site. See Pages Z-4 and -5 of the attached text.
Errata:
The commission recommends several non-substantive
changes that clarify existing provisions or aid the
reader. See Pages Z-9, Z-20, Z-21, 3-26, Z-27 and Z-
31 (cross reference to Table 7-3) K
Recommendation. Based on the extensive review given this
proposal, the Commission: (i) finds that the proposed amendments,
if adopted, would be in the public interest and consistent with
the Comprehensive Plan, (ii) finds that the proposed amendments
reasonably address circumstances which have arisen since the last
comprehensive revision of the zoning ordinance, (iii) makes its
final recommendation favorable to the amendments, and (iii)
recommends that the city Council adopt them, with the changes
noted.
The Vote. The following members of the Commission approve
this report: Nelson, Boucher, Griffin, Higley, Pohl voted "ayeiH
none voted ~nay;" Kelly and Musher not present.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: ~~ Z.
For the Commission
b67\S4romniFINAL
Appendix To Bonze Rule Charter and Code of Or din a/Ices of the
City of West University Place, Texas
ZONING ORDINANCE
As Anlended Through July 31, 2000 (with "Omnibus [" changes 2-7-01)
Derivation (Source Ordinances):
Base source: Ordinance No. 1493~ adopted December 19, 1994
Amended by: Ordinance No. 1506~ adopted May 22, 1995 (anleIlds ~ 12-102 re: side-yard PNC ~ s)
Ordinance No. 1542, adopted Novetnber 25, 1996 (amends Table 7~6 re: porches)
Ordinance No. 1543, adopted Novetnber 25, 1996 (anlends Tables 7-4, 7-6 and PDD~s re: townhouses)
Ordinance No. 1548, adopted January 13~ 1997 (amends Article 2 and Table 7~4 re: fraIned area)
Ordinance No. 1556, adopted April 14, 1997 (mnends g12~ 1 02 re: enlarged building site PNC's)
Ordinance No. l578~ adopted January 26, 1998 (anlends Schedule PDD-THI re: ugarden style~' use)
Ordinance No. 1586, adopted Febnmry 23; 1998 (anlends Schedule PDD-THl re: ugarden stylen use)
Ordinance No. 1599, adopted October 12, 1998 (anlends Schedule PDD-TH3 re: Browning Townhouse PDD)
Ordinance No. 1560, adopted October 12, 1998 (mnends Schedule PDD-TH4 re: Wcslayan Townhouse PDD "garden style~~ use)
Ordinance No. 1604~ adopted January 25~ 1999 (to\vtl.houselresidential amendments; GR-l. GR-2 and PDD's; QMDS Schedule)
Ordinance No. 1620, adopted June 28~ 1999 (amends Schedule PDD-TH6, Ruskin Street PDD)
Ordinance No. 163 7 ~ adopted February 28, 2000 (adds ~ 12.1 02( e) relating to PNC status for yard encroachments)
Ordinance No. 1644, adopted Aprill 0,. 2000 (various amenrunents regarding personal wireless service facilities; new PWSF Schedule)
Ordinance No. 1643, adopted May 8~ 2000 (various amendments for Hperipheral areas,'~ cormllercial district, etc., with new tables, etc.)
Article 1.
Article 2.
Article 3.
A11icle 4.
Article 5.
Article 6.
Atticle 7.
Article 8.
A11icle. 9.
Article 10.
Article 11.
Artiel e 12
Article 13.
Atticle 14.
Atticle 15.
Schedules
Table Of Contents
Short Title And Purpose. . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L . . . . . . . . . . . . , . . . , . . . .. 2-1
Definitions an d Interpretations . . . . . . . . , . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . , . . . . . L . . . , . . . . . . L Z- 2
Zoning Districts Established ...,.,... L . . . . . . , . . . . . . . , . . . . . . . . . . . . . . . r . . . . . . . . . . . . . . . . . .. Z-IO
Zoo ing District Map . . . , . . . . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L . . . .. Z~ 1 0
"Building Sites . L . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . L . , . . . . . . . . . . . . . . . . . . . . . . , . . . L . . . . . . . . .. Z..ll
Table 5-1 r Building Site Dimensions
Com p liance Required .. . . . . . . . . . . . . . . . . . . . . . . . L . . L . . . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . .. Z~ 14
D istrict-S pccific Regulations .,....................................,................... r, Z~ 15
Table 7 -1. Uses
Table 7-2. Yards (or 'setbacks')
Table 7-3. Open & Pervious Areas
Table 7-4a. Garage Space
Table 7 -4b. Buildings
Table 7 -Sa. Parking, Driveways, Etc.
Table 7 -Sb. Certain St.Iuctw~es
Table 7 -6. Projections Schedule
Add itionaJ Regulations . . . . . . . . . . . . L . . . . . . . . . . . . . , . . . . . . . . . . . r . . . . . . . . . , . . . . . . . . . . . . . L .. Z-- 33
Planned Development Districts . . . . . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-37
Parking Areas, Drive\vay and Loading Areas. . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . , . . . . . , r . . . . .. Z-38
Variances and Special Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . L .. Z-40
Prior N onconfo rmitics .......................,..,.... L . . . . . . . . . . . . . . . . . . . . . . r , . . . . . . . .. Z-42
Enforcement . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Z-45
Amen dments ...,.................,..............................................,.... Z-47
Board of Adjustment, Zoning & Planning Commission .....,...........................,... Z-47
Lot Division Schedule . . . . . . . . . . , . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Z-49
Drive"~ay Visibility Triangle Diagram . . . . . . . . , . . . . . . . . . , . . . . . . . . . , . . . . . . . . . , . . . L . . . . . . . .. Z-51
PW S F Sch edu Ie (personal Wireless Sen'ice Facilities) ....... L . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., Z- 5 2
ZONING ORDINANCE, at July 31t 2000, )vitf1 HOlJ1IIibus J" changes at 2-7-01 [dLc~mydoc~CODES\zonlO-3J-OO] Page Z-l
ARTICLE 1.
SHORT TITLE AND PURPOSE
Section 1-100. Short title.
This ordinance as amended ("Ordinance") shall be known as and referred to as the nZoning Ordinance
of the City of West University Place, Texas. U
Section 1-101. Purpose.
The regulations and districts as herein established have been made in accordance with the City's
comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the City.
They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other
dangers; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue
concentration of population; and to facilitate the adequate provision of transportation, water, sewage,
schools, parks and other public requirements. They have been made with reasonable consideration, among
other things, for the character of each district, and its peculiar suitability for the particular uses specified, and
with a view to conserving the value of buildings and encouraging the most appropriate use of land
throughout the City consistent with the comprehensive plan.
ARTICLE 2.
DEFINITIONS AND INTERPRETATIONS
Section 2-100. Rules of Construction.
In this ordinance:
(1 ) Words used in the present tense include the future; words in the singular number include the
plural number; and words in the plural number include the singular number.
(2) The word "shallu is mandatory and not directory.
(3) Words not specially defined in this ordinance are used in their common ordinary senses,
except that special terms used in the context of criminal violations (such as Haffirmative
defense" and "presumption") are intended to have the same meanings as in the Texas Penal
Code.
(4) Unless otherwise indicated, all lines and boundaries shall be applied as if they were planes
vertical to the surface of the earth and extending both above and below the surface at each
point along the line or boundary indicated.
Section 2-101. Intent and effect of Jaw.
The intent of this ordinance and of the use of particular undefined words is to be determined from the
whole ordinao.ce and not from a narrow reading of a particular sentence or phrase. This ordinance shall be
interpreted and app.lied in accordance with the constitutions and laws of the State of Texas and the federal
government of the United States of America as well as the Charter of the City.
Section 2-102. Certain terms.
Certain terms in this ordinance, whether capitalized or not, are defined as follows for purposes of this
ordinance:
AccessolY~ A building, structure or use is uaccessoryU ifit is: (i) subordinate and incidental to a
lawful principal building and use on the same building site, and (ii) necessary or convenient for a lawfUl
principal use of such building.
AccessolY quarters (or HAQ ''). A dwelling unit meeting all of the following criteria: (i) it is located
on the same building site with a dwelling unit within a principal building used for single-family (detached)
use; and (ii) .it includes no more than six hundred square feet of gross floor area.
Auto-ilJteflsive use. Any land use where goods or services are provided to or for motor vehicles or to
persons who may remain within their motor vehicles to receive such goods or services. Examples, which do
not limit this definition, are gasoline fueling facilities, automobiles sales or repair facilities and
"drive-throughU or Udrive-inU establislunents.
Bar~ Any commercial unit within which either: (i) 50 percent or more of the gross floor area is
ZONING ORDINANCE, at July 31,2000, lvi/II HOllll1ibus I"~ changes at 2-7-01 [dLc:mydoc:CODES\zonIO-31-00] Page Z-2
devoted primarily to the preparation or sale of alcoholic beverages for consumption on the premises; or (ii)
the sale of alcoholic beverages for consumption on the premises accounts for 50 percent or more of the gross
sales with such commercial unit in any month out of the three preceding months.
Block. An area bounded by street areas and occupied by or intended for occupancy by buildings.
Block face. A continuous row of parcels of land all on one block and all touching a given street.
Bujfelyard, SF. A yard in a non-SF District buffering an SF District~ It is measured from the nearest
part of an SF District. See the UYards" table in Article 7.
Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or
moveable property of any kind. Two attached buildings are considered a single building unless they are
separated by a firewall unbroken by interior passageways or openings. See definition of Udetached."
Building official. The person designated as such under the City's building code.
Building site. See Article 5. An "old" building site was established with its present boundaries
before October 24, 1987. A unewu building site is any other building site.
C District. The Commercial District
Certified SOUlld enlissioll1evel. This level is measured in bels according to the Air Conditioning and
Refrigeration Institute's reference test method ARI270-84 ("Standard for Sound Rating of Outdoor Unitary
Equipment").. or equivalent method approved by the Building Official. See Table 7-6.
Chllrch~ Those spaces designed and used for actual worship by a recognized and organized religious
group, having an ordained minister, priest, rabbi, or similar religious leader, including parking areas and
necessary supporting facilities, but not in.eluding non-worship spaces such as residences, dormitories,
schools, child care facilities or physical fitness facilities.
City. The City of West 'University Place, Texas.
City COli/lei!. The governing body of the City of West University Place, Texas.
Conlnlercial Uflit. A building or part of a building occupied or capable of being occupied as a
separate business or commercial establishment.
C0111nlercial use, light. Any land use, other than an auto-intensive use or other medium commercial
use, composed of one or more of the following: offices for ordinary business or professional activities, stores
for the sale at retail of goods or services, restaurants, banles, and savings and loan establishments.
Conln1erciall.fSe, nlediuffl. Any land use composed of one or more of the following: auto-intensive
uses, night assembly uses, schools, churches, theaters, bars, clubs, physical fitness facilities or health care
facilities. Any use which is partially a light commercial use and partially a medium commercial use shall be
deemed to be a medium commercial use for all purposes.
Conlnlofl-1./se area. This term includes areas within street areas, easem.ents (other than local-service
easements) and other similar common-use areas~ A ulocal-service easementU is an easement which: (i) is
designed or intended to provide utility service, secondary access (but not primary access), maintenance or
similar supporting service to the parcel where it lies or to an adjacent parcel; and (ii) as a practical matter,
allows the fee-simple owner of the parcel to enjoy substantial use of the easement area. A flood control
easement is a common-use area, not a local-service easement~
Conlpreheflsive plan. The document adopted by the city council by Ordinance No. tz8-e; 1641,
passed finally on May 8.. 2000 ~1alGh 9, 1987, as the document is amended, from time to time.
COflsallgui!lity or a(fil1ity. These terms are interpreted in accordance with State anti-nepotism laws.
Depth~ With respect to the depth of an area, the average horizontal distance between the front and
the rear. For irregularly-shaped building sites, the depth is deemed to be equal to the average distance from
the front street line to the rear or side of the site when the distance is measured perpendicularly from points
along the front street line. For purposes of determining the depth of the front yard, the nominal depth of a
building site shown on any recorded plat shall control over the actual measured depth~
Detached. Two structures are detached if there is no physical connection between them above the
ground. E..v:ceptiofl: an accessory building attached to another building only by a covered walkway or
HbreezewayFt open to the outdoors on the sides is deemed to be detached.
Disability is determined in accordance with the Fair Housing Act.. 42 use 93601 e/. seq.
Driveway. A driveway is an outdoor area designated or improved to provide a path or route for
motor vehicles.
Drivelvay visibility triaflgle 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
ZONING ORDINANCE, at July 31, 2000t 'with ~~O/}111ibus JH changes at 2-7-01 [dLc:mydoc;CODES\zonlO-31~OO] Page Z-3
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
triang1es:t one on each side. Such triangles may include areas within, and not within, a building site. An
example diagram showing driveway visibility triangles is attached to this ordinance and made a part hereof.
Dwellillg Uflit (or tlDU'')~ A building, a single room or a group of raOlns occupied or capable of
being occupied as separate living quarters. Separate living quarters are those which have all of the
following: (i) direct access from outside of the building or through a common hall; (ii) plumbing and
electrical facilities sufficient to serve a kitchen sink, a refrigerator and cooking equipment; and (iii) a full
bathroom including a sink, a commode and either a bathtub or a shower.
Established driveway patterJl~ A pattern along a block face where 25 percent or more of the frontage
.is included in building sites upon which there are driveways. The pattern, if any, is indicated if 66 percent or
more of the driveways are on one side (e.g., either the left or the right) of their respective building sites.
Face. To face directly or at an angle less than 90 degrees.
Fanlily. One perso.n, or a group of persons meeting any of these three criteria: not exceeding: (i) one
01 luore perS0115, each member of the ~roup of Wl10111 is related to each of the others within four degrees of
consanguinity or affinity (a "related family"); or ptns-(ii) the group includes only a related family plus-one
other person, all of whom live and cook together as a single housekeeping unit: or (iii) the group includes
only persons .who live and cook together as a single housekeeping unit.. in a family-type home approved in
accordance with Article 8. POI tIllS put pose, "consanguihity 01 affiJlity" IS detetn1ined as ilI the state's alcti-
l1epotisll1 laVv.
fClll1ilv-tvpe honle means a home for which a permit or special exception is in effect as provided in
Article 8.
Franled area. The framed area is measured by taking the outside dimensions of every building on
every floor level, excluding only: (i) space in an attic or basement, if the space cannot be reached through a
fixed accessway, or if it has less than seven feet of headroom, and (ii) any space which this ordinance allows
to project into a front yard.
FrO/It right-of-.~vay area. For a given building site, the area within a street area which directly abuts
the building site.
FrOlll setback tille. The line which marks the closest permissible location of a building with respect
to the front street line (disregarding those projections specifically allowed by this ordinance). The front
setback line is usually the edge of the front yard.
Garage space. Building space for storage of motor vehicles. Enclosed garage space must be
completely within a building. Semi-enclosed garage space must have a solid or an opaque wall at least six
feet high around at least one-half of its perimeter.
GR District. A general residential district.
Gross floor area. The gross floor area shall be measured by taking outside dimensions of a building
or space in a building, on each floor level, excluding, however, the floor area of attached garages, basements
or attics used only for storage, and opened or screened porches, except where the gross floor area of the
main space is 1, 100 square feet or more, in which case, half of the square footage of such opened or
screened porches shall be used in computing the gross flOOf area.
Height. The height of a structure is the vertical distance to its highest point measured from the
standard base level. The standard base level is oJdllJalily the alithllletic avelage of the elevatiohs the
average elevation of two points: the tops of the curb where the side lines of the building site, if extended,
would intersect the curb (but if there is no curb at either point, or if there is no curb at all, the intersections
of the extended side lines with the paved crown of the street are used instead of the tops of the curb).
Exceptio!l: The Building Official shall designate a substitute standard base level for a building site.. which
shall apply from and after the date of designationot as follows:
ill The substitute standard base level is the average elevation of eight points" all at ground level on the
boundaries of the building site~ as follows: (i) four of the points are the exact corners of the site.. and
(ii) each of the remaining four points is the exact midpoint of one of the boundaries of the site (e. g..
side street line).. but (iii) if the site is irregularly shaped.. or if one or more of the points cannot be
measured accurately~ the Building Official shall designate the eight points.. using as many corners as
practicable and spacin@: the re.maining points as equally as practicable along the boundaries of the
site.
ill The elevations of the eight points must be established by an acceptable topological survey submitted
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to the Building Official.
Topological surveys.. to be acceptable~ must meet standards set by the Building Official (including
the form of the drawing and certificate).. but no such survey is acceptable if three or more of the
points surveyed have been disturbed by ~.. demolition.. construction or similar activity within the
five-year period preceding the date of the survey.
A higheI5fandald base level can only be established if the pel son advocating tIle highel level
denlonstrates clearly that the hatulal glound level at 01 alohg the base of the stluctule is in fact llighel
dlld also delllOl1stl ales cleally V\t hat that level is. In tl1ese CirGUll15talices, tIle 5tandaJ d base level is the
Q.velage natuIal glOUhd level at 01 along the base oftlie stluctule as 50 den1onstlated.
High output lighting device. Any lighting fixture or other device emitting or designed to emit
1,800 lumens or more of light, diffused or not.
Honle occupatiofl. A business activity upon a given building site which meets all of the
following criteria:
(1) It is carried on exclusively by persons who lawfully reside upon the building site
without the employment of any other person, whether paid or unpaid.
(2) It does not involve any sign or other means of advertisement on or near the building
site.
It does not involve any significant storage of goods or fixtures.
It does not require any specialized building or structure, or any modification of a
building or structure.
It does not involve the transmission of sound or electronic impulses other than by
means of utility services.
It does not cause any significant increase in traffic or on-street parking.
It causes no noise, odor, discharge of any substance or gas, vibration or other condition
detectable from outside the building site in question.
(8) It is subordinate and incidental to a permitted principal use of the building site.
/llcidellfal sale. A business activity (such as an occasional sale of used property, a Ugarage
saleH or a "bake saleH) which is specifically allowed under another ordinance of the City regulating
such activity or which meets all of the following criteria:
(1) The activity involves only the sale of used personal property, food or beverages.
(2) No business activity (other than activity which is part of a home occupation) occurred
on the same building site on 1 78 or more days out of the 180 days immediately
preceding the day of the activity.
(3) The activity is an accessory use of the building site.
Licellsed day care ce/lter. A facility licensed by the State of Texas that provides care,
training, education, custody, treatment or supervision for more than 12 children under 14 years of age,
where such children are not related by blood, marriage or adoption to the owner or operator of the
facility, for less than 24 hours a day, regardless of whether the facility is operated for a profit or
charges for the services it offers.
Li/let fr011! slreet~ The common boundary of a building site and a street area, subject to the
following:
(1)
ill
(3)
(4)
(5)
(6)
(7)
(2)
In a residential district, if the building site shares a common boundary with two or
more street areas, and except as provided below, the front street line is the common
boundary with the street having the shortest frontage, but if all of the streets have the
same frontage, the front street line is the line indicated by any principal building in
existence or under construction as of the 1987 effective date. Ifth.ere is no such
principal building, the front street line is the line designated by the first person to
construct a principal building on the site after the 1987 effective date. A front street
line designated by the ZBA pursuant to Article 16 shall control over any other
designation.
In a non-residential district, if the building site shares a common boundary with two or
more streets, one of which is a major thoroughfare, the front street line is the common
boundary with the major thoroughfare. If all boundary streets are major thoroughfares,
the front street line is the common boundary with the thoroughfare having the longest
frontage, but if all of the thoroughfares have equal frontage, the front street line is the
line designated by the first person to construct a principal building on the site. If none
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of the boundary streets is a major thoroughfare, the front street line is the common
boundary with the street having the shortest frontage, but if aU of the streets have equal
frontage, the front street is the line indicated by any principal building in existence or
under construction as of the 1987 effective date; if there is no such principal building,
the front street is the line designated by the first person to construct a principal
building on the site after the 1987 effective date.
Lifle, rear property. The boundary of a building site most nearly opposite the front street line.
The building official shall designate the rear property line of irregularly shaped building sites, and the
line so designated need not be straight.
Lifle, side property (or nsp L "). Each boundary of a building site, except the front street line,
the rear property line and any side street lines.
Lille, side street. Each common boundary between a building site and a street area, except the
front street line.
Livin.g space~ Any living room, bedroom~ dining room, study, kitchen or other living activity
space. A bathroom, foyer, hallway, stairway or other utility space shall not be considered living space.
LOlv-inlpact nlotor court (or HLIMC") is a vehicle parking and maneuvering area in a QNIDS
that meets all these criteria:
(1) Olle Curb Cut. Only one curb cut per 50 feet offrontage, maximum 12 feet
wide (measured at the narrow point of the apron)
(2) OIl-Street Spaces~ In GR-I or GR-2, must leave at least two 18-foot curb
spaces per 50 feet of frontage.
(3) Landscaped Bz!ffer Strips. Must include strips five feet deep along street areas,
18 inches deep on sides. Must be landscaped with evergreen hedges or shrubs.
( 4) Street Trees~ At least one per 24 feet of street frontage (round down)
(5) Pervious Pavenlent. Must be used throughout.
Note: Where an LIMe is allowed, internal access garages are not required; see
definition of QNIDS.
Major thoroughfare. Bissonnet Street, Kirby Drive or Bellaire (West Holcombe) Boulevard.
Mirrored glass. Glass with a reflectance greater than 20 percent.
Multiple utility service. Utility service .provided to a person (or group of persons) on a given
buildi.ng site who is different from another person (or group of persons) to whom the same service is
pro.vided on the same building site.
1987 effective date. October 24, 1987~ which was the effective date of the 1987
comprehensive revision.
Night assenlbly llse means a use which meets all three of these criteria: (i) .it is non-residential,
(ii) it is operated between midnight and 6:00 AM m.ore than four times in any 12-month period, and
(iii) it is designed for, or actually occupied by, 20 or more people at a time.
Non-residential use. Any use other than a residential use.
Occupaflcy~ The use or intended use of a particular area of land or a particular building or
structure, or portion thereof: by proprietors or tenants.
Opell area. Area unoccupied by any structure and open and unobstructed to the slcy, except by
natural plants or trees, and except for projections specifically permitted by the Projections Schedule,
to the extent therein provided.
Park, playgrol'(/ld or conlnlU1Jity cellter (public). A park, playground or community center
owned or operated by a governmental entity having the power of eminent domain.
Parkillg area. An outdoor area designated or improved to store motor vehicles. The term
includes parking "pads. H
PDD. A planned development district. (See Articles 3 and 9).
Persoll. A natural person~ partnership, corporation, sole proprietorship, representative,
governmental entity, unincorporated business association or any other entity.
Pervious area. An area which: (1) is natural ground or landscaped area that receives rainwater
and allows it to pass through or be absorbed, thus preventing excess water flow away from the area, or
(2) is specifically designated as pervious area in the Projections Schedule&
Pervious pClvenleflt includes both: (1) specially-manufactured pavement blocks or grids that
have holes filled with pervious material, and (2) stones, bricks or pavers laid with intervening gaps
filJed .with pervious Inaterials. Pervious pavement must have a pervious base.
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PNC. A prior nonconformity~ See Article 12.
Priflcipal buildillg. The building on a building site housing the principal use.
PWSF or HPersoflal"wireless service ~faciljty~" A facility for the provision of personal
wireless services as defined by the Telecommunications Act of 1996. See 47 D.S.C. ~332.
PWSF Use~ A use that includes one or more PWSF's.
Qualified Med;unl Deflsity Subdivision (or "Q:MDS") means a subdivision established by plat
or replat that meets all the following criteria:
(1) Certain Districts. The area lies within one or more of these Districts: TH, GR-l, GR-
2, PDD-THI, PDD-TH2, PDD-TH4, PDD-THS or PDD-TH7.
(2) I11terflal Access Garages~ It designates internal access garages for at least 80% of the
lots in the subdivision with sufficient driveways, alleys, curb cuts and maneuvering
areas to serve them. "Internal access garage" means an enclosed garage with a door
that: (i) does not face the front street line of its lot, unless it is 40 feet or more from
that line, and (ii) does not face a side street line of its lot, unless it is 20 feet or more
from that line. Exception: For subdivision of an old building site (existing before
October 24, 1987) with a width of 61 feet or less, there may be a IOlv-inlpact nlotor
court instead ofintemal-access garages.
(3) Yards. It must designate all required yards, front, side and rear. (Notes: Yards are
required only around the perimeter of the subdivision, not internally. However,
easements, open areas and other restricted areas may be required internally; see below.
Yards designated by QMDS plat control over general yard definitions elsewhere.)
(4) Access, Parkil1g, Ellvironnlental Issues. Vehicular access, driveways, maneuvering
areas, streets and alleys (public or private), easements, curb cuts, parking spaces,
building lines, open areas and previous areas may be identified and restricted by the
plat so that, in the judgment of the Z&PC: (i) any impact on adjacent properties or
neighborhoods is minimized, (it) routine, emergency and utility access are adequate,
(iii) environmental effects (including runoff: tree impacts, bulk, light, air, etc.) are
mitigated. The plat may require such areas to be larger than otherwise required by this
ordinance. The Z&PC may require dedication of a public street area or alley.
(5) Mail1tellGl1Ce, Repair, Etc. It incorporates a permanent method for maintenance,
repair, insurance and reconstruction of: (i) private streets, driveways and common
areas, (ii) external features of attached dwelling units, (iii) common walls, and (iv)
other common structures. The method must be either a homeowners's association with
full authority to perform these functions and assess the cost to the owners, or a
substantially-equivalent method approved by the Z&PC.
(6) Easelneflts. It includes any necessary easements for access to common areas or
structures and for maintenance, repair or reconstruction of non-common structures.
(7) Buildil1g LilIes. It includes building lines approved by the Z&PC based upon the
specific characteristics of the site and adjoining areas. Building lines may be deeper
(or greater) than the otllerwise-applicable yard areas. Areas between a building line
and the street are designated and regulated as yards (front, side, etc.).
(8) Title Block; Restrictions. The title block designates it a "qualified medium-density
subdivision" and incorporates the applicable provisions of the Zoning Ordinance and
Chapter 20. It must recite that all restrictions on the plat or incorporated into the plat
shall "run with the land" and shall be independently enforceable by any person or
entity having an interest in property included in the plat (which may include the City)
and by any homeowner's association that may be created. Any such enforcement by
the City is an additional, alternative remedy for the City.
Reside. To live or to intend to live at a place either indefinitely or longer than 42 days.
Residelltial district includes all SF, TH and GR districts and all portions of a PDD designated
primarily for residential purposes.
Reside/ltial ptflposes (or uses). Ordinary domestic purposes (or uses), not involving any
business, commercial, industrial or institutional activity~ whether carried on for profit or not.
Providing any good or service, or offering to provide it, on or from any premises to or for anyone who
does not reside on the same premises in exchange for any money or thing of value, whether demanded
or accepted, is a business activity. However, in any proceeding where the presence of a business
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activity under this ordinance is an issue, it shall be an affirmative defense that the alleged business
activity was only an incidental sale or was part of a home occupation, but such an affirmative defense
shall not apply to any alleged violation of another ordinance of the City unless the other ordinance so
provides.
Reside/Ilial street. Any street, other than a major thoroughfare, abutting a given building site
where, within 200 feet in either direction along both sides of the street (measured from the side
property lines of the given building site), 51 percent or more of the property fronting on either side of
the street is within a residential district.
Reside/llial worker. A person who is employed to perform residential services at least 25
hours per week at the same premises where the .person resides~ Residential services are personal
services which are performed for someone who also resides on the premises and which are purely
residential in nature (and not income-producing) such as cooking, cleaning, attending children or
handicapped persons or maintaining the grounds.
Rotated corner building site. A comer building site in the SF-l District which has been
nrotatedU from one street to the other, such that it has a front street line lying along a street that is
different from the street along which the front street line of the original corner lot would lie. The
original comer lot is the single subdivided lot on the same corner, as created by the plan recorded in
Volume 444, Page 563 of the Deed Records of Harris County, Texas, entitled "Map Showing West
University Place, APart Of The A.C. Reynolds Survey, Harris County, Texas.H In the SF-I District,
most rotated comer building sites will be oriented north-south, because most of the original comer
lots were oriented east-west (except for lots along University Boulevard or Cason Street).
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 pertaining in education or instructional services.
School (Pllblic). A school owned by a governmental entity having th.e power of eminent
domain.
Setback. See "yardH definitions.
SF District~ This term refers collectively to the SF-l District, the SF-2 District and the SF-3
District, and to each of them.
Shopping center. A building or group of buildings on a single building site containing three or
more commercial units~ each with a separate entrance to the outdoors.
Siflgle-janlily (attached) use (or "SPA '.')~ A use of a building site which meets all of the
following criteria:
(1) Each dwelling umt is located on a plot of ground to which the occupants of the unit
have exclusive access, from the ground to the sky.
(2) No dwelling unit has any entrance or exit connecting to another dwelling unit.
(3) No dwelling unit shares any interior hall or interior passageway with any other
dwelling unit.
(4) No more than one family resides in any dwelling unit.
(5) The entire plot of building site is used exclusively for residential purposes (although,
as provided in the definition of "residential purposes," an affirmative defense is
available for a home occupation and an incidental sale).
Sillgle-janlily (detached) use (or t'SFD'j. A use ofa building site which meets all of the
following criteria~
(1) There is no more than one dwelling unit, plus one accessory quarters, on the building
site.
(2) There is no multiple utility service on the building site.
(3) There is no physical connection between any building on the building site and any
other building on another building site.
(4) No more than one family, plus no more than two residential workers, reside upon the
building site.
(5) If the family includes a person not related to each of the others in the family within
four degrees of consanguinity or affinity, the unrelated person resides in the principal
building with at least one of the others.
(6) The entire building site is used exclusively for residential purposes (although, as
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provided in the defInition of n residential purposes, n an affirmative defense is available
for a home occupation and an incidental sale).
Special exceptioll. See Article 11 and Chapter 211 of the Texas Local Government Code
(\' erlton's 1992).
Special screen. An opaque fence or wall designed, constructed and maintained to reduce risks
of fire, unsanitary conditions and vandalism and to prevent the viewing of a loading dock or waste
storage area, or any associated equipment, from any street area or from any other building site within
a residential district. Buildings or other structures and gates may be incorporated into special screens~
SPL. See HLine, side property. n
Slo/y. The portion of a building between successive floors of such building or from the top
floor to the roof.
StOlY, half A story having an average height of not more than eight feet covering a floor area
not more than 50 percent of the floor area of the story immediately below.
Street area. All of the area within the right-of-way lines (or boundaries) of a highway, alley,
street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel or causeway
dedicated or devoted to public use.
Structure. Anything made by humans which: (i) is not readily portable; (ii) is usually left in
one location for an indefinite period oftime~ or (iii) requires either permanent or fixed location on or
in the ground or attachment to something having a permanent or fixed location on or in the ground for
its use. Examples of structures, which do not limit this definition, are: sculptures; lampposts;
sidewalks; driveways; playground equipment and facilities; buildings; flagpoles; antennas and pools.
Structural alteration. Any change in a supporting member of a structure, such as a bearing
wall, column, beam or gi.rder.
Subdivided lot. A lot or parcel which was: (i) created or designated by plan, plat or replat
approved by the appropriate City body as required by the Texas Local Government Code or
previously applicable state law, including Texas Revised Civil Statutes Annotated art. 974a; or (ii) in
existence as a separately owned and separately described lot or parcel continuously since September
12, 1983~
Swinlnling pool. Any constructed pool for swimming or bathing over 24 inches in depth or
with a
surface area exceeding 200 square feet. This term includes uspas" and "hot tubs."
Use. The term includes any use of property and any activity upon or relating to property.
[Jlility or service use. A use, other than PWSF Use, reasonably necessary to provide any utility
service to sites in the City. This use also includes production, processing, through-transmission or
central facilities primarily used to provide utility or communication service to areas outside the City,
only if the facilities meet all these criteria: (i) the facilities and all their uses are specifically identified
and authorized by a franchise ordinance or other special permission issued by the City, and (ii) they
are located underground in street or public easement areas, unless specifically authorized to be located
elsewhere by such a franchise ordinance or special permission.
Utility service. Any water, sewer, garbage, electric, lighting, gas, telephone, cable television
or other similar service provided by the City, a public utility, a franchisee of the City or governmental
entity serving the City.
Varia/lce. See Article 11 and Chapter 211 of the Texas Local Government Code C\teI1l0n'S
+9921.
Visibility triallgle~ This term includes both "driveway visibility triangle" as defined in this
Ordinance and "visibility triangle" as defined in Cha.ptel 22 of the Code of Ordinances.
Waste storage area. Any area designed or used to store garbage, trash or other wastes, except
for those areas in an SF District which serve one or two dwelling units.
Width. In the case of a building site, the length of the front street line.
.Yard, front. That part of a building site included in the required yard (or setback area)
measured from the front street line or defined by a front building line. See uYards" table in Article 7.
Yard, rear. That part ofa building site included in the required yard (or setback area)
measured from the rear property line. See uYards" table in Article 7.
Yard, side. That part ofa building site included in the required yard (or setback area)
measured from any side property line. See "Yards" table'in Article 7.
Youth athletic~facility. A facility that provides athletic training or athletic facilities for more
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than 12 children under 16 years of age, where such children are not related by blood, marriage or
adoption to the owner or operator of the facility, on a typical operating day, regardless of whether the
facility is operated for a profit or charges for the seIVices it offers.
ZBA. The Zoning Board of Adjustment.
Z&PC. The Zoning & Planning Commission.
ZOllil"lg District Map. The map adopted on the 1987 effective date
simultaneously with the comprehensive amendment of this ordinance, as said map may be amended,
from time to time~
ARTICLE 3.
ZONING DISTRICTS ESTABLISHED
Section 3-100. Districts; Purposes.
The City is hereby divided into the following districts, with the purposes set out below:
(1) SF-i, the First Sil1g1e-Fanlily District. The purpose of this district is to provide
regulations to maintain and protect the City's single-family residences and
neighborhoods in an area where corner lots have been divided and re-oriented.
(2) SF-2, the Second Siflgle-Fanlily District. The purpose of this district is to provide
regulations to maintain and protect the City's single-family residences and
neighborhoods in an area with larger building sites.
(3) SF-3, the Third Single-Falnily District. The purpose of this District is to provide
regulations to maintain and protect the Cityts single-family residences and
neighborhoods.
(4) TH, the TOrvnhouse District. The purpose of this district is to maintain and protect the
City's single-family, attached building residential areas and to provide necessary
regulations for buffering of adjacent areas with less-intensive land uses.
(5) GR-J, the First General Reside/llial District. The purpose of this district is to
maintain and protect the City's duplex residential area and to provide necessary
regulations for buffering of adjacent areas with less-intensive land uses.
(6) GR-2, the Secolld Gefleral Residefltial District. The purpose of this district is to
maintain and protect the City's general residential area and to provide necessary
regulations for buffering of adjacent areas with less-intensive land uses.
(7) C, the Conl111ercial District. The purpose of this district is to provide regulations for
commercial areas compatible with nearby residential areas and to provide for buffering
of less-intensive land uses~
(8) PDD's, Plan/led Developmellt Districts. The PDD1s are illustrated on the Zoning
District Map, and the purposes of each PDD are: (1) to maintain and protect that
planned development area for the uses therein authorized and (ii) to provide for
buffering of less-intensive uses.
ARTICLE 4.
ZONING DISTRICT MAP
Section 4-100. Zoning District Map [adopted by reference].
(a) The boundaries of the zoning districts set out herein are delineated upon the Zoning
District Map of the City, said map being adopted and made a part oft.his ordinance as fully as if the
same were set forth herein in detail.
(b) One or more originals of the Zoning District Map, bearing the signature of the Mayor and
the attestation of the City Secretary, and hearing the same date as the ordinance which last adopted it
or amended it, shall be filed with the City Secretary and retained as original records.
Section 4-101. Interpretation of boundaries.
The district boundary lines shown on the Zoning District Map are usually along streets, alleys,
property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts, the
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following rules shall apply:
(1) Boundaries indicated as approximately following the right-of-way lines of streets,
highways or alleys shall be construed to follow such lines.
(2) Boundaries indicated as approximately fonowing the centerlines of streets, highways
or alleys shall be construed to follow such lines.
(3) Boundaries indicated as approximately following property lines shall be construed as
following such lines.
(4) Boundaries indicated as approximately following City limits shall be construed as
following City limits.
(5) Boundaries indicated as parallel to or extensions offeatures indicated above shall be so
construed &
(6) Distances not specifically indicated on the zoning district map shall be determined by
reference to specific ordinances, motions or resolutions of the city council, the Z&PC
or the ZBA, or minutes of their meetings, concerning the areas in question.
(7) Any area not clearly included in another district .is within the SF-3 District.
A.RTICLE 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)
(2)
The entire site must be contiguous and under common fee-simple ownership.
The site must consist of one or more whole subdivided lots~ exc.luding only: (i)
common-use areas and (ii) areas lost because of public acquisition, adverse
possession, discrepancies in boundaries or similar cause.
Common-use areas are excluded.
The site may not include any area within another building site.
The site must have the minimum dimensions prescribed by Table 5-1 and this
Article. Exception: It: after the 1987 effective date, the Z&PC approves a plan,
plat or replat establishing a building site with smaller dimensions, the s.maller
dimensio.ns do not violate this Ordinance.
The site must have a common boundary with a street area, Of, in a QMDS, with
a private street or other platted accessway.
(b) Certai;l 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.
(3)
(4)
(5)
(6)
Section 5-101. Designation of building site~
(a) Owner's Action. An owner or an owner1s agent may designate a building site by
submitting a permit applicatio.n, 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) Building Official's Action. The building 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 building official may not combine two or
more subdivided lots into one building site unless: (i) the configuration of the existing structures
requires the cOlnbination, 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,
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assuming that the same division of the two subdivided lots occurred at that
time.
(b) Spec{fic Exanlples. 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.
Table 5-1.
Building Site Dimensions
[leUl
lYj eas IIl'eJJlen t
Old building sites
(before October 24~
1987)
W id(h~ minitnul11
See Notes J and 2.
Depth~ minilllum
Area~ nlininlllIll
New building sites (on or
after October 24, 1987)
\Vidth, Juinimum
See iVote 3.
Depth~ luininllllll
Area, luiniolum
Note J.
Note 2.
Note 3.
Note 4.
Note 5.
General Rule: This table prescribes the 1l1ininlllnl dimensions for building sites, by
District. ('DU'. means udwelling unit. .j Exceptions/Spedal Rules: (I) See PDD
Schedu les for plmmed developnlc:nt districts. (2) See special notes in table. (3) The
Z&PC nlay establish different dhnensions by approving a plan~ plat or replat (see
Article 5).
50ft.
75ft.
50 ft.
N/A
50 ft. tOO ft. 75ft.
See Note See Note
4 4
100 ft. t 00 ft. 100 ft.
See Note See Note
4 4
5~OOO sq. 40~OOO 7,500
ft. sq. ft. sq. ft.
See Note See Note
5 5
75ft. 100 ft. 75 ft.
See JVote See Note
4 4
110 .ft. tOO ft. t 00 .fi.
See Note See Note
4 4
7500
sq. ft..
ZONING ORDINANCE, at July 31,2000, lvith uOlJ11libus J" changes aI2-7..01 [dLc:mydoc:CODES\zonlO-31-00]
2,000 8,250 sq. 40,000
sq. ft. ft. sq. fl.
per See Note See Note
DU 5 5
4,500 'quare Foot Exception. A structure 1l1UY e ocate on an old buddlllg site Wit 1 at east 40 teet. ot 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 t\vellty consecutive years prior to the 1987 effective date~ under circumstances where there \vas no additional land used
for the bu ilding site, and (Ii) \Vas created by subdivision plat and not made slnaller ther~after except to provide public right of way
or to accollul1odate physical encroaclunents. or as specifically al lowed by Article 5.
4,300 Square Foot Exception. A stnlcture 111UY be located on an old building site with at least 40 feet of width and at least 4,300 square
feet of total a rea~ if the bu ilding site: (i) was created by subdivision plat approved by the city council or the Z&PC~ (ii) has not. been
Blade stuuller thereafter for any reason.
Certain Re~Sllbdjvisions After October 24. 1987. A subdivided lot in a SF-l~ SF-3 or GR~l District nlUY be further subdivided to
produce a building site \vith 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, ndes and regulations are followed and one of the following three sets of
Cil'CUlllstances is present: (A) All portions of the subdivided lots are added to adjoining subdivided lots. (B) The nunlber 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 (H) n width greater than or equal to the width of the narro\vest lot before the re~subdivision; provided that no resulting lot is
ilTegularly 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.
fVidth & Depth in GR-l and GR~2 Dsitricts. t....finillll11U widths and depths. do not apply to single-fmuity uses (attached or detached).
Area in GR-J and GR-2 Districts. lvliniulunl area is 2,000 sq. ft. for single-faolily uses (attached or detached).
100 ft. 105 ft. tOO ft. N/A
5,000 sq. 7,875 5,000 sq. 2,000
ft. sq. ft. ft. sq. ft.
per
DU.
75 ft. 75ft. 75 fi. N/A
110ft. t 05 ft. 110 fi. N/A
8,250 sq.
ft.
7~875
sq. ft.
8~250 sq.
ft.
Page Z-12
Table 5-1, coot.
ItelJ1 lvieasUrelllent
Old building sites \Vjdl1~ luinilllum
(before October 24~
1987)
See A'otesJ and 2. Depth, minitnUln
New building sites (on or
after October 24~ 1987)
See ]Vote 3.
Area~ IninhuUln
v..' i dt h, luiniul unl
Depth, l11ininllnn
Area, minituum
General Rule: This table prescribes the nlinilumll dilnensiolls for building sites, by
District. (~DU'~ means ({dwelljng unit. ~J Exceptions/Special Rules: (1) See PDD
Schedules for planned development districts. (2) See special notes in t3 hie. (3) The
Z&PC luay establish different ditnensions by approving a plan, plat or replat (see Alticle
5).
50 ft.
N/A 50 fi.
N/A N/A
2,000 sq. ft. per DU. 5~OOO sq.
fi.
N/A 50 ft.
N/A N/A
2,000 sq. ft. per DU 5,000 sq.
ft. .
100 ft.
5~OOO sq. ft.
75 ft.
110ft.
8,250 sq. ft.
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Page Z-13
ARTICLE 6.
COMPLIANCE REQUIRED
Section 6-100. Certain conduct unlawful.
(a) General. It shall be unlawful for any person to use, own, possess, rent (as landlord or as tenant),
occupy or control any real or personal property within the City which does not comply with this ordinance.
(b) COrlsfru cti 0'1, alteratiol1, etc. It shall be unlawful for any person to erect, move, construct or
alter any real or personal property within the City which does not comply with this ordinance.
(c) Pernlits, licenses, etc. It shall be unlawful for any person to use, own, possess, rent (as landlord
or as tenant), occupy, control, erect, move, construct or alter any real or personal property if this ordinance
requires a permit, license, or other permission for such conduct, unless the required permit~ license or other
permission has been duly issued and is in effect.
(d) Other .violations. It shall be unlawful for any person to violate any other provision of this
ordinance.
Section 6-101. Certain affirmative defenses4t
It is an affirmative defense in any proceeding to enforce this ordinance that any of the following sets
of circumstances is applicable:
(1) A variance, special exception or planned development district ordinance authorizing the
condition or activity in question was duly issued or adopted, as the case may be, and all
limitations and conditions therein prescribed are completely observed and fulfilled.
(2) The condition or activity in question had status as a prior nonconformity (with respect to the
provision alleged to be violated) at the time of the alleged violation, in accordance with
Article 12.
(3) The condition or activity in question is: (i) controlled by the City itself or its officers, agents,
employees or contractors, in the course of their duties for the City, and (ii) approved by the
City Council.
Section 6-102. Penalty and remedies.
(a) FiJles. The violation of any provision of this ordinance shall be punishable by a fine. No fine
shall exceed any limit imposed by state law. The fine for each offense may not exceed $2,000, provided that
this limit shall automatically increase to include any penalty now or hereafter within the jurisdiction of the
City.s municipal courts under Section 29.003 of the Texas Government Code or otherwise allowed by
Chapter 54 of the Texas Local Government Code or other state law. Each day any violation continues shall
constitute a separate offense.
(b) Other renledies~ Nothing in this ordinance limits any other remedies available to the City or
later becoming available to the City, including, without limitation, those remedies specified in Chapters 54
and 211 of the Texas Local Government Code and other similar provisions of state law. All such other
remedies may be availed of regardless of whether a criminal prosecution is, has been or will be pending or
completed. No remedy shall be a bar to any other remedy.
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ARTICLE 7.
DISTRICT-SPECIFIC REGULATIONS
Section 7-100. Purpose And Applicability.
The purpose of this Article is to prescribe regulations which differ by district. Each regulation shall
be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district
within which it applies.
Section 7-101.. Regulations, Tables, Etc.
(a) 1]1 Gefleral. Every use, building site and structure must comply with the regulations set out in
the following tables: Table 7-1. Uses; Table 7 -2~ Yards (or 'setbacks'); Table 7-3. Open & Pervious Areas;
Table 7-4a. Garage Space; Table 7-4b. Buildings; Table 7-5a. Parking, Driveways, Etc.; Table 7-5b. Certain
Structures
(b) Projections. Permissible projections into yards, and details about computation of open and
pervious areas, are set out in Table 7-6, the "Projections Schedule.H
---~-------~~~---------~~-~-------~~~~-------------------~~~~------------~~~----------------~~~-------~---~~~~------------~~~--
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Table 7-1: Uses General RIlle: Within each District: uses I1mrked uA-' are allowed~ use s marked ItS E H
are allowed only to the cA1ent authorized by a special exception (s~e N ote 3)~ and uses
tnarkcd nxu are prohibited. Exceptions/Special Rules: (1) See PDD Schedules for
planned developlllent districts. (2) See special nlles noted in table.
Use CategolY Specific Use [~~t~:'ii'::i;l;'ll:':i:~~':jj:'
Residential Singlc-fhnlily A A A A A A A
( detached)
S j n g I e- trun i I Y X X X A A A X
(attached)
Other residential X X X X A A X
Public and Senli~Pu blic Park. playground~ SE SE SE SE SE SE A See
or COn1l11U ni ty Note
center (public) 4
School (public) SE SE SE SE SE SE SE
School (other) X X X X X X SE
Church SE SE SE SE SE SE SE
Utility or service A A A A A A A
use. See Article 8.
P\VSF use. See A orSE A or SE A or SE Aor f\ or S E A orSE Aor
PIVSF Sch edl1 Ie. SE SE
COllUuercinl Light cOllul1ercia 1 X X X X X X A
See Article 8 regarding
certain sexually oriented 1vlediUlll X X X X X X SE
businesses. cOllunercia I
All other uses X X X X X X X
Note 1.
A'ote 2.
Note 3.
Note 4.
IVote 5.
[Reserved]
[Reserved]
Special Exceptions. A special exception luay also specity and linlit accessory uses and accessory buildings.
Park, Playgrollnd~ Etc. In this district. a park, pJayground or cOllllnunity center Inay be privately or pu blicly owned.
Parking Use in PDD-SF2. The ZBA tllay issue a special exception to authorize parking oflllotor vehicles in cOlUlection with nearby cOInmercial
activities~ upon approval by the ZBA of the types of vehicles, design of parking facjJjties (including landscaping~ paving, lighting, fences or
wnUs~ signs~ etc.) and curb cuts~ aU ofwhich l11UY be included as site-specific conditions of tile special exception.
Light Office Use in PDD-C 1. The only cOlIlluercial use allowed in PDD-C1 is light office use, Ineaning offices for conductjng real estate,
insurance and other siInilar businesses and the ofllces of the architectural, clerical~ engineering, legal, dentat luedical and other established
and recognized professions, in which only such persoJUlel are elnployed as are custotllurily required for the practice of slIch business or
profession.
Not e 6.
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Page Z-16
Table 7-1, cont. General Rule: Within each District: uses marked "AU are allowcd~ uses 111m-ked lISEn are
allowed only to the ch1ent authorized by a special exception (see Note 3)~ and uses llmrked
..XU are prohibited. Exceptions/Special Rules: (1) See POD Schedules for pJulUled
dcveloPlnent districts. (2) See special nlles noted in table.
Use C a/ego!)' Specific Use BI l!~IIIII!I\I[ Ili~i,m
Residential Single-fanlily A A A A A See A A A
(detached) Note 7
S ingle-L'lIuily X See X A A X See A A X
(attached) Note 8 Note 7
Other residential X X X X X X X X
"Public and Senli- Park~ playground, SE SE SE SE SE SE SE A
Public or cOllllllunity See
center (public) lVole 4
School (pub] ic) SE SE SE SE SE SE SE SE
School (other) X X X X X X X X
Church SE SE SE SE SE SE SE SE
Utility or service A A A A A A A A
use. See Art. 8.
P\VSF use. See A or S E Aor A or SE A or SE A or SE A or SE A or SE Aor
PIVSF Schedule. SE SE
Coouucrcial Light conuncrcia I X See X X X X X See
Note 5 Note 6
See Article 8
regardi ng certain IvI edi U III X See X X X X X X
se;(ual/yoriented comnlercial Note 5
bllsinesses.
.t\.Il other uses X X X X X X X X
Note 7.
Garden-style use in PDD- TH 4. '~Garden-st yle ~ single fmnily detached use is allowed in PD D~ TH4 if authorized by a site plan Ineeling the
rcquirenlents of Ordinance N o. 1560~ adopted October 12, 1998, which is conlinued in effect for the original site plan and for mnendlllents and
replacenlents of that plan. Such a site plan, after approval by ordinance in accordance with Article 14~ controls over nny provision elsewhere
in this ordinance.
Attached dwellings in PDD-SFl. Any existing attached dwellings which cOIuplied with the fonner Schedule PDD-TH3 (Browning Townhouse
pnD) at the time oftherr const111ction have PNC status, under and subject to Altic1e 12 of this ordinance. The lllininllllll \vidth for interior side
yards fur such dwelling units is zero where there is an existing COlnlnOl1 wall (or existing continuously-abutting separate walls) along the
property lil1e~ in either case with a four-hour fire rating or better. TIle luininllUU llllluber of parking spaces is two per dwelling unit~ and
additional guest parking is not required, notwithstanding otller provisions of this ordinance or any special exception issued under this ordinance.
lVote 8.
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Page Z-17
JVote I.
Note 2.
lVote 3.
iVote 4.
Note 5.
Note 6.
Note 7.
Table 7-2: Yards (or
'setbacks')
Item
A:fea S Ii I'm' 1en t
General Rule: No part of any stnlcturc nUlY be located within a part of n building site included
within a yard define~ by District, in this table. ("NIrV' Ineans the nlle does not apply.)
Exceptions/Special Rules: (1) Stnlctures tuay be located in yards to the e}..1ent aHo\ved by the
Proj ections Schedule. (2) See special ru ies noted in table. (3) See PDD Schedules for Planned
Developlnent Districts. (4) See additional setbacks in the P\VSF Schedule.
L
!1;jJ:~
,!.j
~
;mr
Front yard
Distance fr01U front
street line.
20 f-zet if the buildi.ng site depth is 11 G
feet or less; 25 feet if the building site
depth is nlore than 110 feet but not
lllore than 125 feet; 30 feet if the
building site depth is tllOre than 125
feet. See Note 5.
10 ft. See
Note 7.
2G fL
See Note 7 and 8..
30 ft.
See Note
5.
Interior side yard
Distance frolll side
propelty line (each
side ).
Greater of 10% of building site width
or 5 feet. See Note 2.
5 fi.. See Note 4. See lVote 7.
5 :ft.
See 1Vote
4.
15 ft.
Street side yard
Distance from side
street line.
Greater of
1 Ot}-o of
build-
ing site
width or 5
ft. See
Noles 2.
3.6.
Greater of 100/0 of
building site widlh or 5
feet. See Notes 2~ 6.
lOft. See Note 7.
Rear yard
Distance IranI rear
property line.
20 ft. See iVote 1.
20 ft. See
Note 7.
5 11. See Note 7.
5 ft.
SF BuJI'eryard
Distance from
nearest part of an
SF District
N/A
N/A
N/A
20 fl. See Note 7.
10 ft.
"Through Lots. U If a building site eh1ends all the way through a bloc~ so that the front and rear both a but a street arca~ there is no rear yard, but the
site is treated as ifth~re were two front yards, each with the Saine depth as the average front yard on the sanle side o.fthe block.
iVan.ow Site 11317" Exception. Altenmte side yard areas apply to a building site nleeting all four of the following criteria: (A) The building site is
less than 55 feet wide. (B) The liSt: is single~fatnjly (detached) llse. (C) Outside the rear yard~ no wall of any building is closer than 10 feet to any
\vaIl of a "prior building" on another building site (unless there are uprior buildingsU on both sides, each within seven feet of the propelty line). A
"prior bu ildingU is a building in existence, under constnlction or covered by a current building pennit when a building pennit is issued for the
subsequent building. (D) The owner has designated aJtenmte side setback areas in a fonn approved by the building official and in accordance with
all of the following criteria; (.I.) lvfininul111 setback, interior: 3 feet. (2) ivliniulunl setbac~ street side: 5 feet. (3) 11ininllull setbacks, both sides
cOlnbined: greater of 10 feet or 20~'o of the bui lding site width. ( 4) On each side, the setback is uniJ:bnll. See Article 1 0 regarding Italteolating
drivewayU nIle.
Rotated Corners. For rotated conler building sites (SF-l District only), the nliniululll side streel yard width is: (i) 10 feet if the building site width
is 65 feet or less, (il) 10 feet plus the distance by which the width of the building site exceed 65 feet~ if the building site width is more than 65 feet
but less than 75 .feet (iii) 20 feet if the building site width is 75 feet or more but less thal1 100 feet, or (iv) for building sites 100 teet wide or lnore~
the side streel yard width is detemlined by the SaIne rules as the front yard depth,except that the Udepthlt of the building site is measured frOlll the
side ~1reet line.
Common rValls. .In the TH, GR-2 and C District, the ZBA lnay issue a special exception for a zero-width side yard, but only upon application by
both propelty owners and only if the special exception is conditioned upon the constnlction and maintenance of a connnon \Vall or continuous] y-
abutting separate walls (in either case with a fOufwhour fire rating or better) along the property line. See~ also, Note 7~ below~ for Q!vIDS.
lvlajor Thoroughfares. The ZBA may issue a special exception for a tront yard less than 30 feet deep abutting a n1ajor thoroughfhre, if the Jront yard
prescri bed is at least 10 feet decp~ and if the special exception requires the greatest practicable mnount of pelvious area in the (l'on! yard.
Special Exception. The ZBA Inay prescribe a different street side yard by special exception relating to frontage. See Article 8.
f ards J n QAIDS. In a QlvlDS; yards are only required arou nd the perinleter of the subdivision and are designated by the su bdi vision plat. See
definition ofQNlDS. 81an.dard projecti.olls illto QNIDS yards are allowe.d per the Projections Schedule. In addition:
(a) Front yard (GR-l or GR~2 Only): A principal building with an intenml access garage Inay project as close as 10 feet to the street area
it: in the projecting part: (a) there is a first~floor porch or with at least 80 sq. ft. of floor space (open or screened) and no diluension smaller
than seven feet; (b) above the porch or court1 no more than half the usable floor space is enclosed (coverings and other floor space,
including open or screened porches~ are allowed above all the porch or court); (c) the conlice height does not exceed 27 feet; (d) there are
no l}]Ore than 2.5 stories; and (e) there is no garage space.
(b) Front yard: Bay windows~ canopies and balconies at least 18 inches above grade may projecl up to 24 inches beyond the principal
building. Steps and handrails may pr~ject up to 30 inches beyond the principal building.
(c) Rear Yard and SF Buffelyard. Buildings up to 10 feet high (nleasured frOln finished grade to top of roof plate) ntay project, but not closer
than 10 feet to the property line.
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Table 7-2, cont. General Rule: No part of any structure may be located within a part of a building site included
\vithin a yard defined, by District, in this table. ('~N/A~; tncans the rule does not apply.)
Exceptions/Special Rules: (1) StnlCtures may be located in yards to the chient 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 P\VSF Schedule.
Item kJeaslll'el11ent ~~';WEi: Ili:lWJ om!:
Front yard Distance fronl front 20 feet if the building 10ft. See JVote 7. 20 ft. 5 ft.
street line. site deptJl is 110 feet (1vIercer (Bel ~
or less; 25 feet if the Street) lain~
building site depth is Blvd. )
tnore than ] 10 feet but
not Inore than 125
feet; 30 feet if the
building site depth is
Iuore than 125 feet.
See Note 5.
Interior side yard Distance from side Greater of I Og.b of 5 ft. See Note 4. See Note 7. 20 ft. N/A
property line (each building site \vidth or ( south
side ). 5 feet. See Note 2. property
Hne)
Street side yard Distance fi'oln side Greater of ] O~~ of lOft. See ,Vote 7. 10ft. See
street line. bui Iding site width or (Bisson- Note 8.
5 ft. See Notes 2, 6- net)
Rear yard Distance from rear 20 ft. See Note 1. 20 ft. See Note 7. 5 ft. (west See
property] inc. property Note 8.
line)
SF Butferyard Distance fi.onl N/A 20 ft. See Note 7. N/A See
nearest part of an Note 8.
~F n1~1rir1
Note 8.
Yards in PDD~C J . In PD D-C 1 ~ t[le yards and street lines are as fo] lows" notwithstanding other provisions of this ordinance~ (i) 111e rear yard is the
area within 20 feet of the rear property line (the line farthest fi.0111 Bellaire Blvd.) of any building site, and for this purpose, the said rear property line
shall b~ not in excess of 120 feet frOll1 the north right-of-way line ofBelJaire Blvd. Exception: TIle rear yard upon Lot 2~ Block 35, Colonial Terrace
Addition (also k110\\fll as the south 140 feet of Tra ct 9 ~ CaJubridge Place) is the area within 40 feet of the rear property line of said lot~ said rear
propeEty line being located 140 110rth of the north right-of-way tine of Bellaire Blvd. (ii) The street sideyard is the area within ten feet of any side
street line where the street area is 50 feet or less in width, or within five feet of any side: street J ine where the street area is IHore than 50, but less than
70~ feet wide. (iii) The front yard is the area within five feet of the front street line (which is the conUllon boundalY \vith BeJJaire Boulevard). Any
area outside of a building line established by ordinance or by recorded plat is considered part of the corresponding yard.
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Rear Yard Adjacent to Non~SF. The ZBA lllUY issue a special exception to reduce the requin::tnenl for open area in a rear yard in a SF District to
not less than 40q./o~ if the rear yard abuts a non~SF District.
Pervious Area in QA:fDS. Front yard nlininultl1 pervious area requirement in a QNIDS is 40~/0.~ or 30~'o for n front yard in a Ql'vIDS "low-ilupact nlotor
court. .~
Landscaping Strips. Vegetated pervious areas required as follows; (a) nun. 5 n. wide adjacent to each street area (or 3.5 ft. if located in front ofa
fence: or wall at least 3.5 feet high)~ and (b) tnin. 18 inches wide to separate each paved vehicular area from a fence or subdivision or repJa1 boundary.
Exception: Strips are not required along alleys or where they IUllst be crossed by sidewalks or driveways. Strips along street areas nlust have live~
evergreen shrubs (maXitnUlll spacing is 3.5 ft.) and live qualified trees under Chapter 22 of the Code of Ordinances (maxiulull1 spacing is 20 ft.).
The building official lnay approve different spacing for shrubs or trces~ upon a showing that (i) the spacing is allowed by standard urban forestry
criteria for the patiicular species and location and (ii) the spacing will cOlnply with Chapter 22. TIle ZBA lnay issue a. special exception to allo\v a
landscaping strip to be located in whole or in part within a street area~ if 111e ZBA finds that the paJ1icular landscaping wiU~ in all probability, be
allowed to remain intact for at teast 50 years. and that it can be maintained and will function as. welt as. a strip located cotnpletely on private property.
Pervious Pavement. In a QtvIDS, the area of the holes or gaps (if actually pervious) counts toward pervious area rcquirenlents (but no nlore than 30Q.'O
out of any area with pervious pavelnent lnay count).
Table 7-3:
Open & Pervious Areas
Item
Al easurement
Open area
Front yru.d,
JllininluIIl
percentage.
Rear yard~
luinitnurll
percentage.
Entire building site,
tninin)um
percentage.
Pervious area
Front yard~
lllin j In u tn
percentage
Entire bui Iding site,
ll1inimum
percentage.
Landscaping strips
Qualified trees
Pervious pavcluent
Parking areas~
interior
jVote 1.
Note 2.
Note 3.
lVote 4.
General Ru Ie: Every bu ilding site lllust have the millimUlll open and pervious areas showl1~ by
District, in this table. C'NI A" lueans the rule does not apply.) E;..xeptionslSpecial Rules; (1)
See PDD Schedules for plalUlcd developnlent districts. (2) See special rules noted ill table. (3)
See the Projections Schedule for details about calculating open and pervious areas.
111:,: :c
60~-o. N/A 40~'O N/A
600/0. See IVote 1. N/A N/A N/A
40~-o 25~~ 2SC% 15~-o
500/0 5 O~'O See 50t}o N/A
Note 2. See Note 2.
24~-o 15~'O 15~b 15~~
Required, except for SFD uses on building sites with 5~OOO sq. ft. or lHore. See Note 3.
Except for SFD uses on building sites wilh 5,000 sq. ft.. or 1l10re~ each qualified tree requir..::d by
this ordinance or Chapter 22 of tile Code of Ordinance lllust be located within a contiguous and
reasonably compact pervious area containing at least 25 sq. ft. However, additional or better
pervious area may be required to comply with Chapter 22.
~ In a O~vIDS only. pervious pavetnent is allowed to be used lor all vehicular areas. and pm1
of it lnav count as pervious area. /Jlouc:d in Q}dDS onl). See Note 4.
Each parking area containing 21 or more parking spaces 11l11st contain interior pervious areas in
"island" or upeninsulau configurations aggregating in area at least two square feet for each
parking space.
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Page Z-20
Table 7-3, coot.
Item
Open area
Pervious area
AfeaSllrelllent
F ront yard~
minhuUlll
percentage.
Rear yard,
luinitnulll
percentage.
Entire building, site~
rniniInulll
percentage.
Front yard,
lui nun Ulll
percentage
Entire bui lding site,
minilnum
percentage.
Lml(:lscaping strips
Qual ified treeS
Pervious pavetnent
Parking areas~
interior
General Rule: Every bu ilding site nlust have the nlininlulll open and pervious areas shown, by
District, in this table. C~NI A~' means the rule does not apply.) Exceptions/Special Rules: (1)
See PDD Schedules for planned devclopluent. districts. (2) See special ndes noted in table. (3)
See the Projections Schedule for details about calculating open and pervious areas.
'!'1!;lii:111f', 1 '.I;,j,:11
~
'~l'
60~i>.
N/A
N/A
60%.. See Note 1.
N/A
N/A
40~'(.
2S~'O
N/A
50~'O
50~6 See Note 2.
N/A
24~h
150/0
N/A
Required, except for SFD uses on building sites with 5~OOO sq. ft. or J1l0re. See Note 3.
Except for SFD uses on building sites with 5,000 sq. fl. or Inore~ each qualified tree required by
this ordinance or Chapter 22 of the Code ofOl'dinance IUllst be located within a contiguous and
reasonably compact pervious area containing at least 25 sq. ft. Ho\Vever~ additional or better
pervious area lnay be required to cOlnply with Chapter 22.
Nh\-In a QivIDS onlv~ pervious pavenlenl is allowed to be used for aU vehicular areas4 and part
of it may count as pervious area. Allo~H::'c1 in Q~dDS CLfil), See Note 4. NI A Allowed in Q~fDS
only. See Note 4.
Each parking area containing 21 or more parking spaces IUtIS! contain interior pervious areas in
'tislandu or "peninsulau configurations aggregating in area at least t\vo square feet lor each
parking space.
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Page Z-21
Table 7..4a:
Garage space
ItelJ/
Garage space, in general
Garage doors or openings
Garage accessory
buildings
Note 1
Regulation
Garage parking
spaces. See Article
10.
Mininnun garage
d i 111 en si 0 ns
i\tluneuverillg area
Door or opening
facing front street.
line.
Door or opening
L.1.cing side street
line
Lhnit on non~garage
space
General Ru Ie: Every building site~ garage space and related structure HUlst confonn to the
appl icabJe regulations ShO\vtl~ by District, in this table. C'N/ A ~1 111eans the nIle does n01 apply.)
Exceptions/Special Rules: (.l) See special rules noted in table. (3) See Article 9 regarding Planned
Development Districts. (3) See Note 1 regarding special exceptions.
"::rfig!;:;i; ~ ill..
NIin. 1.0 per DU. Nfax. 1.0 per 2,500 of lvfin. 2.0 per DU. N[Us! be in an enclosed garage.
building site area~ not to exceed 4.0.
N/A
N/A
Prohibited unless: (i) the garage door is
set back all gld ii&," Spill-c; i3 ICH,:dt,d, ten
feet or luore frotn the front yard~ and (ii)
there is onlv open area above the
driveway for at least seven feet inward
from the front yard. and (j i i) any
stnlcture above the driveway llUlst be
cantilevered or suspended frOJn the
building (no special pos.ts or vertical
SUPPOlts being allowed).
Prohibited unless: (i) the garage door is
set back ten nIl gal as'- Jpd'" ~s {<.:on feet
or 1l10re frOln lhe side street line~ tmd
Oil there is only open area above the
driveway for -J-8. at least seven feet
inward frOll1 the side street line, and (iii)
anv structure above the driveway IUlIst
be cantilevered or suspended from the
building (no special posts or vertical
suppmts being allowed).
rvJax. 600 sq. ft. OF A in any accessory
building con1.aining garage s.pace.
12 ft. wide per space; 25 ft. deep
Required at garage opening. See Note 2.
(lvlay affect eligibility as QMDS.
See definitions in Article 2.)
(1vlay affect eligibility as QIvIDS.
See definitions in Article 2.)
N/A
Special Exceptions. The ZBA nmy issue a special exception for a parkjng area~ garage or dri veway in another location or with a different design
than prescribed by this tablc~ if it finds that: ([) the other location or design will not unreasonably interfere with ava Hable I ight and air and will
not si gnificantly a Iter access for .fire-fighting and sunilur needs; (ii) the other location or design will prevent the deSU11ction of a qualified tree;
(iii) in the case of the rctllodeling of a principaJ building, the location requested is the sanIe location as an existing parking area~ garage or
driveway; or (iv) the location or design requested is necessmy for safet.y considerations.
Garage maneuvering area. Ivlininull1l dimensions are 24 ft. long and at least 2 ft. wider than the garage opening. Reasonable~ usable
"overhang" above low landscaping and siluilar areas Inuy be counted toward required luaneuvering area.
Note 2
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Page Z-22
Table 7-4a, coot.
General Rule: Every building site, garage space and related structure nlust confonn to the
appl icable regulations shown, by District~ ill this table. C'N/ A" means the nlle does not apply.)
Exceptions/Special Rules: (1) See special nlles noted in table. (2) See Article 9 regarding PlalUled
Development Districts. (3) See Note 1 regarding special exceptions.
Item
Regulation
Garage space~ in general Garage parking Min. 1.0 per DU. Nlin. 2.0 per DU. !Ylusl be in an enclosed garage. N/A
spaces. See Article IvIax. 1.0 per 2,500 of
10. bu ilding site area~ not
to exceed 4.0.
rvIinilnUln garage N/A 12 ft. wide per space; 25 ft. deep N/A
dimensions
Garage doors or openings tvlaneu vering area N/A Required at garage opening. See lVote 2. N/A
Door or opening Prohibited unless: (i) (May affect el igibility as Q1vlDS. N/A
facing front street the garage door is set See definitions in Article 2.)
line. back aU 6<l1J.g' ~a"
~ ten feet or
1110re fi:0111 the front
yard, and (ii) there is
only open area above
the drive\vav for at
least seven feet
inward frOlu the front
vard4 and (iii) anY
stnlCture above the
driveway must be
cantilevered or
suspended frOlll tbe
building (no special
posts or vertical
supports being
allowed).
Door or openjng Prohibited unless; (i) (1vfay affect eligibility as QMDS. NJA
facing side street the garage door is set See definitions in Article 2.)
line back ten all 5~d dg~
~pa{;G iJ {GH feet or
tll0re from the side:
street line, mttI (ii)
there is only open area
above the driveway
for +G at least seven
feet inward frOIlt the
side street line, and
(iii) any stnlcture
above the driveway
must be cantilevered
or suspended fronl the
building (no special
posts or vertical
supports being
allowed).
Garage accessory Linlit on non-garage Max. 600 sq. ft. G FA NIA N/A
buildings space in any accessory
building containing
garage space.
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Page Z-23
Table 7-4b: Buildings Gene ral Rule: Every structure lUUst confornl to the applicable regu lations ShOVo'll~ by District~ in
th is ta ble.C~NI A" means the nIle does not apply.) Exceptions/Special Rules: (1) See special rules
noted in table. (2) See Article 9 regarding Plarmed Development Districts.
Ilelll Regulation - ~i, ~~
Dwelling units J\!laxnnunl omuber per One, plus one accessory quarters (AQ) l7.5 per Two 24 per See Uses
building site acre. See acre. table and
iVote 8 Art. 9
FTatned area~ all ~1axin1Un) area as a 80o/\) lOQo/"O See Note 4. NfA
buildings on a building percentage ofbllilding
site site area
Length or \vidth~ any MaxiInum horizontal NJA 130 feel. See Note 3. NJA
bu ilding ditnension
E~1erior Inaterials~ any Type N/A Must be of equal grade and qualit.y, all sides. See
building. Section 8-104.
Separation ofDU~s Fire-rated wall N/A A four..hour fire walt or its equivalent,. must separate
adjoining dwelling units. See Notes 3 and 5.
SF privacy protection See Note 7. N/A Appl ies. N/A
Accessory buildings lvIaxinUlIll IlUluber per Three N/A
bu i Iding site
See Article .I 0 regarding
garage space. Height, llluxiIuUln 25 ft. 35 ft. See
Note 2.
.Principal buildings Stories, maxinlunl Two a nd one-half. Three. Seellote 6. NIA
See Article 10 regarding
garage space.
Height, tnaXimunl 35 fee t; 25 feet in rear yard. See Note 1. 35 ft. See
Note 2.
]YlinilllUnl gross floor 1,400 square feet, if used for residential 1,200 sq. 750 sq. fl; each DU 1~400 sq.
area pUl'pO ses ft., each fl.
DU.
\V idth~ Jninl111Um N/A 16 ft.~ each N/ A But see OAlDS N/A
nTT .c:::....hnAu /0 -'
...". , . . ~
lVote 1.
lVOle 2.
Note 3.
J:.iote 4.
Note 5.
Note 6.
Antennas and Chul1neys. RooJ-Inounted radio or televIsIOn antennas on a pnnclpal bUl1dmg III a resIdentIal dlstnct Inay project up to four feet above
lhe roof. The lnaximu1l1 height of chlluneys al1ached to a principal buildiog is tbe greater of 3 5 feet or fonr feet above the roof.
Height 1n C District. In the C DistJict~ no pm1 of any stl11cture (except a fence) tnay be higher than the horizontal distance frOIlI that part to the
nearest part of an SF District.
Building Detail~ TH r PDD-TH and GR Districts. To separate buildings~ there J1111st be open area at least :five feet wide maintained so that firefighters
with hoses could pass through..
Framed Area In QArfDS. Allowed square footage for a giv~n building site is calculated by n\ultiplying the allowable percentage by (a) the building
site ~ s area plus (b) an allocated part of any conunon use areas in the sanIe QwIDS (e.g.~ access easelnents~ private streets, alleys, reserves, etc. that
are not part of a building site). The allocated part is proportional to the building site's area divided by the area of all building sites in the SaJll~ QNJDS.
Building Code. Separation requirenlents are in addition to other requirenlents of building codes and other ordinances. See Code of Ordinances.
Height in GR-l. GR~2. Principal buildings in GR-l or GR-2 Districts 111ay be three stories high~ but subject to the lo\ver height lilnits prescribed for
projecting spaces. See Table 7~2~ Note 7.
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Page Z-24
Table 7-4b, cont.
General Rule: Every structure nlust confoml to the applicable regulations ShO\V11~ by District in
this table.C~N/ A~~ lueallS the nIle does not apply.) Exceptions/Special Rules: (1) See special nlles
noted in table. (2) See Article 9 regarding Platllled Development Districts.
I telJ1 Regulation
Dwelling units ivfaxilumll number One, plus one AQ
per building site
Frmned area, all Maxilllllll1 area as a 801%
buildings 011 it bu ilding percentage of
site building site area
Length or \vidth, any Maximum N/A
building horizontal
dintension
E}l..1erlor materials~ any Type N/A
bui lding.
Separation of DU~s Fire~rated wall N/A
SF privacy protection See Nole 7. NfA
Accessory buildings MaxinlUlll nUlnber N/A
per building site
See Article 10 regarding
garage space. Height~ tUaxitllum 25 ft.
17.5 per acre. See Note 8.
One
plus one
AQ
N/A
1000/0. See Note 4.
130 feet. See Note 3.
N/A
wf ust be of equal grade and quality, all sides. See Section 8-104.
A four-hour firewall~ or its equiva lent~ llUlst separate adjoining dwellng
units. See Notes 3 and 5. See also Note 9 (PDD~TH7 only)
Applies. See Note 7. See also Note 9 (PDD-TH7 only) NfA
3 N/A
35 ft.
See
Note 2.
Principal bu ildings Storics~ tnaXilnmll 2 and one-half 3
Height; 111axituUln, 35~ 25 in rear yard. 35. See Notes 1 and 6.
in feet See Note J
:tvlinullunl gross 1~400 each DU 1..200 each DU
floor area~ square
feet
\Vid!h, feet (In~n,)~ N/A 16, each DU
N/A
35
1. ~600 1)00
each DU
N/A
Note 6.
Note 7.
Certain Projecting .Buildings. Special height rules apply to buildings projecting into yards. See Tables 7-2 and 7~6.
SF privacy protection. On n building site where this app1ies~ there luay not be a direct sight line frOlll any ~'third-lloor viewpoillf~ to any point in
an "SF privacy zone.~' A ~1.hird-floor viewpoinf' is any vie\vpoint on a '1hird~f1oor area~' at eye level (six feet.) or lower. A ~~hird-lloor area~~ is any
floored area (indoors or outdoors) where the floor is 18 feet or higher. TIle '~SF privacy zone"' includes every point: (i) \vithin 100 feet of the third-
floor viewpoint in question~ (ii) on a building site in an SF District~ and (iii) belo\v 20 feet in height. See Figure SFP.
Figure SFP.
Note 8.
Calculation ofDU~s Per Acre. In a Q1vlDS only~ the total nmnber ofDU~s is divided by the total acreage of the Q!vlDS to calculate the llUluber of
DU~s per acre.
Spacing of Dwelling Units in PDD~TlI7. Except where dwelling units are separated by COIlllllon walls, the lnininllun distance between dwelling
units shall be as follows: ( i) No part of any dwelling unit lnay be closer than five feet to another dwelling unit. (ii) No window luay be closer than
50 feet to a racing window to living space in another dwelling unit. (iii) Neither eaves nor balconies lllay be closer than 40 feet to a fhcing window
to living space in another dwelling unit. (iv) Neither windows to living space nor balconies olay be closer than 20 feet to any facing wall of another
dwelling unit.
Note 9.
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Page Z-25
Note.. This ({lhle is heavily anlent!el[ for "Onlnibus I;" conlpare to prior table.
Table 7-5a:
Parking, driveways, etc.
Note 1
N ole 2
Note 3
A'ole .:/
Note 5
Note 6
lVote 7
[tel11
Off-street parking s.paces.
Other regulations apply~'
see~ e.g. Article 10
Elllergencyaccess\vay
Driveways and pri vate
streets
Other regulations apply;
seet e.g. Article 10.
PaVCtllent
1vlarkings; whee] stops.
Curb cuts
Other regu lations apply~.
see. e.g. Article 10.
Visibility triangles
See definitions in
Article 2
Regulation
NUluber, location,
size~ design
Special setbacks for
parking areas
(lldtlding, OC~(kild (j(
.'dub dl j ~'Hd")j).
Grouping or sharing.
Use of driveway ~ etc.
Use of parking areas
wIinilllUl11 \vidth
ivlininllUll width
tv! axiln unl wi dth
See Note 1.
wI a xinlllln 1 en gth
Route
Spacing
Required type
See Note 4.
Required type
NUluber
lvlax. widlh per 50~ft.
segment of street line
Forbidden s1n\ctures,
plants and other
things
General Rule: Every building site, vehicular area and related structure 111USt confonn to the
applicable regulations ShOWll, by District, in this table. C'N/ A" JllCallS the nIle does not apply.)
Exceptions/Special Rules: (1) See special rules noted jn table. (3) See Article 9 regarding Planned
Development Districts. (3) See Note 7 t'0'3nnrrlin r'lp{",I-:l1 exceptions. (4) See Article 10.
-- %
Depends on lalld use, layout., etc.. See this Table and Article 10 (inclHding additional space and
design reqllirements~ ((same site" rule, loading spaces~ etc.). See Note 7.
All parking areas (including deadend or No reQuired parking space rnay be: (i)
stub driveways) nlu~1 be behind the closer than 10 feet to a street area~ except
principal building or surrounded by an alley, or (ii) farther than 500 feet
opaque fences or ,valls at least six feet ( driving distance) frOlll a street area. See
ill height Not allowed in front yard. Art. 10.
See iVote 7 and Art. 10.
N ol allowed, except in a Q1vfDS platted parking reserve serving two or 1110re DU1 s. But see Note 2.
Neither driveway spaces nor spaces witbin luancllvering areas. are. counted toward the nuninllun
tlmnber of parking spaces, except for SFD use.
Parking spaces for non~SFD uses may only be used for 1110t01' vehicle parking. See -",Vote 3.
20 ft, via pu biic or private street, to each principal bu ilding and each DU (or to an adjacent open
area accessible to firefighters and eQUipmellt). \Vidth is for both unobst111cted access path and
pavement. Other regulations also apply~ e.& fire code.
For non-SFD residential use: 10 feet; or 17 feet if two Mway and serving three or Blore DU~s.
For SFD use: 12 ft. (front yard driveways with rear garage or a single front garage), otherwise 20
feet. If serving other residential uses~ 24 ft. (or 35 feet if connecting to a lllujor thoroughfare). If
serving any other use: 30 feet (or3; feet i.fconnecting to a nlujorthoroughfare).
For non~SFD uses: 160 feet, driving distance to the nearest street area~ luensured along centerline
from farthest end point. A longer driveway is allowed if there is an approved tunmround or second
lueans of egress, or if the drive-way is platted as part of the COtlllll0n area in a Q~[DS.
See Notes 6 and 7, Nt A
For non~SFD uses: There llUlst be at least 40 feet between the "inside" apron edges (at their
narro\vest points) of driveways serving the sanle building site.
For SFD use: Hard~surfaced pavement required for each required parking space~ twill uribbonsu of
pavelnent are pennitted. For all other uses: Reinforced concrete, with curbs and drains required
for all vehicular areas. Exceptions: See Table 7-3 (pervious pavenlcnt) and Note 4. In a Q~~lDS
onl), p"'f \" i6tU I'd ~ 'l~"jn iJ ,[1110 ~. ,d.
For non.SFD uses: Parking spaces Inllst be clearly marked on the pavctnent~ and wheel stops are
required. See Note 12.
For SFD use: lvlaxinuull one per subdivided lot abutting the street. For nOl1~SFD use: Maxinullll
one per 50.ft. segment of street line. See Note 5.
Four feet plus the nluxinlulll driveway width allowed. Each curb cut 11111st be confined to the pmt
of the street area that directly abuts Ule building site(s) served.
The following are forbidden on parts of a building site within a vi.sibility triangle: structures~ plants
or other things taller than 2.0 ft. or shorter than 8.0 ft. This does not require rerlloval of trees in
existence on July 1, 1992~ ifkept pruned.
See
Article 10.
rVidth measurement. rvlaxinlUtll refers to maximUlu width ofpavenlent, excluding cOlnplying parking spaces and complying curb cut aprons.
Grollped or shared parking. Article 10 also provides fOT a special exception, in certain cirCUlllstances.
Parking exclusivity (non-SFD llses). Required parking spaces must be kept. open, readily accessible and used for parking only, with no sales, dead
storage, display~ repair work, dislnantling or servicing of any kind. Required guest parking spaces !lIust be kept open and reserved for that use only.
Pavement. The ZBA llmy issue a special exception to allow other tnaterials if it finds that they will provide equal or better durability.
Curb ClltS. The ZBA 11lUY issue a special exception for additional curb cuts. Circular driveways specifically allowed by another ordinance are not
prohibited~
ROllte~' Alternating Driveways. Each driveway 1l1Ust connect garage space to the street by the most direcl route. On Harrow sites where uJtcn1ate side
yard areas apply (see "Yardsll table), the following special restrictions also apply: (A) there BlUst be a driveway located as nearly as practicable to
one side of the site; (8) the side is detclluined in accordance with the established driveway patten} for the block face in qucstion~ if there is such a
pattenl; and (C) if there is no such pattem~ and if there is an adjacent driveway on one adjoining building site but 110t the other~ the drivc\vay tUUS!
be on the side farthest [rOtll the adjoining drivewilY. Exceptions; (i) this paragraph does not prohibit circular drive\vays specifically pemli1ted under
another ordinance of the Cily, and eH) n driveway Inay be curved or moved a\-vay from the most direct route to the ex1ent reasonably necessary to avoid
deslroying or seriously injuring a tree.
Special Exceptions. The ZBA 1l1UY issue a special exception for a parking area, garage or driveway in another location or with a different design than
prescribed by th j s ord inallce~ if it finds that: (i) the other location or design wiJ I not unreasonably interfere with available light and air and will not
significantly alter access for fire-fighting and sitnilar needs; (ii) the other location or design will prevent the destruction of a qualified tree~ (iii) in
the case of the relllodeling of a principal building, the location requested is the sanle location as an existing parking area, garage ot driveway; or (iv)
the location or design requested is necessary for safety considerations.
ZONING ORDINANCE, at July 31t 2000, lvith H011111ibus fit changes at 2-7-01 [dLc:mydoc:CODES\zonlO-3l-00]
Page Z-26
Note: This table is heavily alllent[el/ for "OnlnibllS 1,. " conlpare to prior table.
Table 7-5a, cont.
IteJJJ
Off.street parking spaces
Other regulations apply:
see, e.g. Arftcle 10
Enlergency accessway
Driveways and private
streets
Ot her regulations apply;
see. e.g. Article 10.
Pavenlent
ivlarkings; wheel stops.
Curb cnts
Other regulations apply;
see~ e.g. Article 10.
Visibility triangles
See definitions in
Article 2
Regulation
NUluber, locatioll,
size~ design
Special setbacks for
parking areas
(lldt1d~llg ,k.~Hklaj Co!
~tt1b d1 i ~ 'H~(3).
Grouping or sharing.
Use of driveway~ etc.
Use of parking areas
Minilnmll width
Minitll1ul1 width
Nlaxhnutn width
See Note J.
ivJ axinlllll1 length
Route~ location
Spacing
Required type
See Note 4.
Required type
Number
Nlax. width per 50- fi.
sc-gIllent of street line
Forbidden strllctures~
plants and other
th i ngs
General Rule: Every building site, vehicular area and related stnlCture HUlst confonll to the
applicable regulations shown~ by District, in this table. C~NI A" nleans the rule does not apply,)
Exceptions/Special Rules: (I) See special rules noted in table. (3) See A1iicle 9 regarding Planned
Development Districts. (3) See Note 7 regarding special exceptions. (4) See Article 10.
;"~I~!~;I:\:lt;I~~ili~~~111;11111:!I~I:I;1111111~lil(11111;111111 ~
Depends on Ia.nd use, layout, etc.. See this Table and Article 10 (including additional space and
design requirements. "same site" rule~ loading spaces, etc.). See Note 7.
All parking areas No reQuired parking space lnay be~ (i) closer than 10 feel
(including deadend or to a street area, except an alley, or (ii) farther than 500
stub drivewavs) Illust be feet (driving distance) frOl11 a street. area. See Art. J o.
behind the principal
building or surrounded by
opaque fences or walls at
least six feet in height.
Not allowed in fi'ont yard.
See Note 7 and Art. 10.
See
Article
10.
Not allowed~ except in a QNIDS platted parking reserve serving hvo or Illore DU's. But see Note 2.
Neither driveway spaces nor spaces within maneuvering areas are counted to\vard the Jninitulull
number of parking spaces, except for SFD use.
Parking spaces for nOll~SFD uses lImy only be llsed for 111otor vehicle parking. See Note 3.
20 ft, via public or private street, to each principal building and each DU (or to an adiacent open
area accessibJ.; to .firefighters and eQuipluent ). Width is for both ullobstnlctcd access path and
pavenlent. Other regulations n Iso app]y~ e.g~ fire code.
For non-SFD residential use: 10 feet, or 17 feet iftwo-\vay and serving three: or lllore DU~s.
For SFD use: 12 ft. (front yard driveways with rear garage or a single .{i.ont garage)~ otherwise 20
feet. If serving other residentinl uses: 24 ft. (or 35 feet if COlUlecting to a Iuajor thoroughfare). If
serving any other use: 30 feet (or 35 feet if connecting to a nmjor thoroughfare).
For non-SFD uses: 160 feet, driving distnnce to the nearest street area~ lucasllred along centerline
from farthest end point. A longer driveway is ,lllowed if there is an approved tunmround or second
1I1'cam; of egress, or tithe drive-way is platted as part oftbe con1rn.on area in a QwIDS.
See Notes 6 and 7. N/ A
For non~SFD uses: There Blust be at least 40 feet bet\veen the ~'inside' apron edges (at their
narrowest points) of driveways senting the sanle building site.
For SFD use: HardMsmfaced paveluent required for each required parking space; twin uribbonsu of
pavelnent are pemlitted. For all other uses: Reinforced concrete~ with curbs and drains required
for all vehicuJar areas. Exceptions: See Table 7-3 (pervious Pilveulent) and Note 4. In 4. Q!\fDS
onl), P't .. i6US l1rt ~ clHGut j~ ~II" H cd.
For non~SFD uses: Parking spaces IllUS! be clearly marked on tbe pavenlent, and wheel stops are
requ ired. See Note 12.
For SFD use: Maximum one per subdivided lot abutting the street. For non-SFD use: lvluximum
one per 50-ft. segtnenl of street line. See Note 5.
Four feet plus the tllaXillUllll driveway width allowed. Each curb cut Blust be confined to the part
of the street area that directly abuts the building site(s) senred (and not an adjoining site).
The following are forbidden on parts of a building site within a visibility triangle: stnlctures,
plants or other things taller than 2.0 ft. Qr shorter than 8.0 tt. Tills does not require renlOval of
trees in existence on July 1, 1992, if kept pnmed.
.i.Vote 8 Curb Cuts in PDD-TH 1. (i) Ifa building site abuts both Bellaire Boulevard and another street, then all vehicular access shaU be frOll1 the other street,
and no nlore than two clIrb cuts shaH be allowed. However~ in the case of the development of Lots 6, 7, 8~ 9 and the east ten feet of Lot 1 O~ Block
l~ Kent Place: Addition, if Lot 6 is included in the sanle building site or in a joint development with the other lots~ vehicular access shall be limited
to one curb cut on lvlercer Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shaH be liluited to two curb cuts.
jVote 9 Curb Cuts in PDD- TH 5. (i) If a building site n buts both AcadenlY and Bissonnet, no curb cuts on Bjssonnet and no 11l0re than two curb cuts on
AcadenlY are pennitted. (ii) If a building site abuts only BissOilllet, there Inay be no nlore than two curb cuts.
Note 10 Driveways in PDD~TH7. CuI-de~sac driveways in PDD-TH7 Inay not exceed 50 feet in length, or 200 feet if a tennintls is provided with ditnensions
adequate for lunling.
Note 1 J ell rb Cuts in PDD- TH 2. (i) If a bu ilding site abuts both Kirby Drive and another street, there may be one curb cut on Kirby Drive and on each other
abutting s.treet (it) If a building site abuts only Kirby Drive~ vehicular access shan be linlite-d to t.wo curb cuts.
Note 12 Curbs as IVheelstops. Curbs nmy be used as wheelstops. Area outside a curb~wheeJstop counts toward Inininllun parking space dilnensions if actually
usable as ~~overhang~' and not needed for luaneuvering area.
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Page Z-27
Table 7-5b:
Certain Structures
General Rule: Every structure must confonn to the applicable regulations shown~ by District; in
this table. C'NJ A" means the nIle does not apply.) Exceptions/Special Rules: (1) See specia I
rules noted in table. (3) See Article 9 regarding Planned Development Districts.
Ilenl
Regulation
Swinlluing pools
Ivlaximum nUluber
per building site
One. See Note J.
See Note
2.
NJA
Tennis courts
MaxillllUl1 number
per building site
One (ntay only be a private tennis
court). See Note 1.
All stnlCtures
Height, tnaXimUln
25 feet. But see "Buildings" tab/efor certain building height limits.
35 ft.
See Note
See, also, Article 8_
3.
Note 1. Tennis COllrls.~ Swimming Pools in SF Districts. Each telmis court in a SF District OUlst: (i) be a private accessory structure for a single building
site, (ii) be used for residential pUrpDses only~ (iii) be open to1he sky~ but enclosed and screel\ed to a height Qfat least eight feet on all sides.~ and (iv)
never be lighted for play. Each swinuning pool in an SF District tnust be a private accessory structure for a single building site and llsed for
residential purposes only.
Note 2. Swimming Pools. Tennis COlirts In TN District~. nle ZBA nmy issue a special exception for a tennis court or a swinuning pool jfthe ZBA J1nds
that the proposed facility will not create a drainage or noise problelll and will not cause a significant increase in traffic on nearby streets. Tennis
courts. and swinnning pools must. comply with the tetmis court and swinuning pool 1-egulations in the SF Districts~ but n1uy serve con)nl.only-platt~d
or restricted sites. See Note 1.
Note 3. .Height in C District. In the C District, no part of any stnlcture (except a fence) tnay be higher than the horizontal distance front that part to the nearest
part of an SF District.
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Page Z-28
Table 7-5b, cont.
lIen}
Regulation
Swinuuing pools
Maxinlum nUlnber
per buildin site
Tennis courts
Maxinnnll nmnber
per building site
All structures
Height~ nlaxiulutl1
See, 01.':0'0, Art ide 8.
General Ru Ie: Every s\nlcture nlu~1 confonn to the applicable regulations ShO\V11~ by District~ in
this table. C~N/A~' nleans the rule does not apply.) Exceptions/Special Rules: (1) See special
rules noted in table. (3) See Article 9 regarding Planned DeveJopulent Districts.
One. See 1Vote 1.
See Note 2.
One (may only be a
private telmis court).
See Note 1.
25 feet. But see "BuildingsH table{or certain building height limits.
35 ft.
See
Note 3.
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Page Z-29
General Rllle: This schedule describes certain structures which are allowed to Hproject'f
Projections Schedule into yards (or setbacks). It also provides special ru res for calculating open and pelvious
areas affected by such stnlCtures. See the UYards (or .setbacks')" and the uOpen &
Pervious Areas" tables.
Type Of Structure !vlaxiInUlll Allowed Proj ection (In Inches), l\I[easured Special Rules For
FrOlu The Inside Edge Of The Yard Calculating Open &
PerviQus Areas
Front Yard Rear Side Yard SF Buf-
Yard feryard
Buildings !tents above ground level: IY' lSU 241' except that no .I5H The area does not count as
f\,nd Eaves~ conlices, roof See itent below the See open area.
Attached e^1ensions~ "greenhouseH and See Note eave may be Note
Stnlctures bay windows (no floor 1Vote 1.1. 1.1. closer than 36" to J .1.
space)~ windo\v sills, the SPL.
cantilevered bu ilcting space~ See Note 1.1.
window boxes,. belt courses,
window a ir conditioners and
similar parts of buildings.
Items at ilnd above ground 151' 15U 12 U except that no 15" The area does not count as
level: Chinmeys/fireplaces See itelTI belo\v the See either open or perviolls
(with cross-sectional areas of Note eave ulay be Note area.
8 square feet or less) and 1.1. closer than 36" to 1.1.
sitl1i1ar parts of buildings. the SPL.
See Note 1.1.
Porclles/platfonnsJ decks 0,. but see 0 0 0 The area does not count as
higher than 14 inches, and Note 1.2. See See either open or perviolls
shnilar stnlctures attached to See Note Note 1.1. See area. The area beneath a
a bui lding. Note 1.1. 1..1. Note deck tllay count as
1. J. p crv i 0 II S area if ra in is
allowed to pass through
the deck,
Steps not higher than the 120u See o. See O. See 0. See The area does not count as
first floor level. Note 1.1. Note Note 1.1. Note either open or perviolls
1.1. l.i. area.
..^lote 1.1. Pro ections in OA1DS. See NIDS Schedule.
Table 7-6. Projections Schedule, page i
~ - Q
lVote 1.2. Porch In Front Yard. A porch lnay project up to 120 inches ifit meets all of the following criteria:
(i) It is neither desi gned nor usable for lllotor vehicles;
(ii) The votulue of the proje.cting part of the porch does not exceed 50 cubic feet per foot offront sired line (Example: the Inaxin1uU1
projecting vohlllle on a 52%.-foot wide site would be 50 cubic feet x 52.5~ or 2~625 cubic feet).
(iii) The porch~s outside perinleter is open and ullobstnlcted~ except for the following .features: (a) Ordinary window screens. (b) A solid
or partially ope:u safety rail not higher than 3.5 feet above the porch floor. (c) Supporting vertical COIUllU1S, if the total width of the
outer fllces of the cohnllns does not exceed either 50~.o of the outside perilneter of the porch or 25% of the theoretical outside
perinleter of a llmxinlUEu-sized porch. TIle width of a colunUl is Ineasured at its thickest point above 3.5 feet above the porch floor.
The .~lnaXinllltn~sized porch~~ is 120 inches deep and extends from one side yard line to the other, but it is lintited by the open area
requirel11ent for the front yard. The "outside perinleter~' of a porch is the portion of the petilueter out in the front yard; it does not
include the portion of the perhlleter adjac~nt to a building or lying along the fl'ont setback line.
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Page Z-30
Type Of StnlCture
Bui ldings
And
Attached
Structures~
Cont.
Ground
level and
under-
ground
items
wI echanical
Equipnlent
HeIlIS near ground level:
porches, platfolllls and decks
higher than six inches but
not higher than 14 inches~
and siInilar structures
attached to buildings
Other parts of bu ildings and
stnlctures attached to
bu i I din gs.
Sidewalks, patios)
porches/platfom15ldecks,
retaining walls, dri veways)
parking areas and similar
stnlctures not higher than six
inches; all underground
structures. See a/so Table 7-
3 regardi nJ!, pen1iolls
pavement.
Air conditioning equipnlent~
pool equipnlent, and sinlilar
freestanding Hlechanica I
equ iplllent
\.
Table 7-6. Projections Schedule, page ii
IvlaxitllUnl AJlowed Projection (In Inches), ivIeasured FrOll1 The
Inside Edge OrThe Yard.
Front Yard Rear Yard Side Yard SF Buf.
feryard
120u No limit. See 0 No linnt
See IVote J .J.
Note J .J.
0, but see
Note 2. See
Note 1.1.
0, but see
Notes 3 and
4. See
Note 1.1.
o~ but see Note
5.
o~ but see
Note 3. See
Note 1.1.
Special Rules For
Calculating Open &
Pervious Areas
The area counts as
open area. The area
beneath a deck may
count as pervious
area ifrain is allowed
to pass through the
deck.
The area does not
count as either open
or pervious area.
The area counts as
open area but not as
pervious area unless
the luaterial is
cotnpletely pervious
to water. The area
beneath a deck tnay
count as pervious
area ifrain is allowed
to pass throll gh the
deck. See Table 7-3.
The area does not.
count as either open
or pervious area.
Utility luelers and related 0 No linlit 1511 12u The area olay count
apparatus as both open area
and pervious area.
Note 2. Gas Pipeline Sites. A prmclpal bUlldmg Inay project mto the lront yard 11: (a) t Ie building sIte mcludes land in the rear of the buildlllg Site
subject to a gas trans1l1ission easenlent thirty feet or \vider that is actually traversed by a gas transtnission (not distribution) pipeline; (b) no
pmt of the principal building~ except itenls that are othenvise allowed to project into front setback areas~ is within twenty feet of the fi'ont
street line~ and (c) TIle entrance to garage space is not closer than thirty feet to the front street line.
],jo/e 3. Bui/dings In Rear Yard or SF B lIjferya rd. A building nlaY be located in a rear yard or SF Butferyard if it tueets all of the following criteria:
( a) No part of it lnay be closer than five feet to the rear property line (or to any SF District? if in a SF Bufferyard). (b) \Vithin ten feet of
another building site in an SF Districl (whether on the side, rear or otherwise), it nIaY have 110 window, door or other opening above the
ground floor~ except for opaque; non-operable openings or skylights. (c) Space in any projecting bu ilding fila)' only be used for single~
fUlUily (detacht::d) use. (d) Space in the projecting part of a principal building nmy only be garage space and space located directly a bove the
garage space (up to a maxiUUlIll of 600 square feet of space above). See garage restrictions in Article 10.
Note 4. Railu'ay/Gas Sites. A building 111ay be located in a rear yard if (a) the yard abuts land used for railway purposes or gas transIllissioll (not
distribution) pipeline purposes; (b) the building does not occupy any area subject to a utility easenIent or drainage easelnent, unless each
entity c1ailuing an interest in the easenIent grants its consent or acqu iescence to the encroaclunent; and (c) the bu ilding is an accessory
building. Iflhese criteria are lnet, the nonnal restrictions for rear yard projections do not apply (see notes above).
Note j. Garages In Side Yards. Each projecting building luust lneet all of the following criteria: (a) It Inust be at least three feet from the side
property line (no projection toward the side street line being pennitted. (b) The projecting pmt IllaY only contain garage space and space
above the garage. (c) Any projecting part 01U51 be at least seventy feet frOlu the front street line. (d) Within ten feel of another bu ilding site in
an SF District (whether on the side, rear or otherwise), it may have no \vindow~ door or other opening above the ground floor, except for
opaque~ non-operable openings or skylights.
Note 6. Equipment In Rear or Side Yard.
· REAR Y.A.RD: Indicated equiplnent tuay project into a rear yard only if: (a) separating the equipnlent Iront any other building site:tbttttirrg
across the rear lot line, there is a solid wall at least one foot higher than the highest part of the equipnlent; (b) if the equipmenl occupies any
part of an easelllent under the control of the City~ the City has issued a separate acquiescence or consent to the occupancy of the easetucnt;
(c) there has been fonnally granted to the city any utility easelllent deetllCd necessary by the City's chief utility official; and. d~~t1 pi.;:'j ria P!d1.
velll}) 8~J, )Ald (d) the base of the equiplnenl is 1101 higher than 14 inches off the ground~ and (e) if located within five feet oranv property
I ine4 the equimnent is fulJv encased in a sound-absorbing cabinet or.. in the case of air conditioning equipment it has a certified sound
enlission level 01'7.0 beJs or lo\ver.
· SIDE YARD: Indicated eauiPluent tnay project into an interior or street side yard (but not closer than three feet to a property line) only ifit
is 1i1 lJy encased in a sound~absorbing cabinet or. in the case of air conditioning eQuipment. if it has a certi1ied sOllnd enlission level of 7.0
bels or lo\ver.
· NEW AND REPLACE1vlENT EQUlP1\1ENT: These nlles app]vto all new and replaceluent eQuiPIuent.
No litnit,
except that
decks lnay
not project
nlore than
.l20n
No limit
ZONING ORDINANCE, at July 31, 2000~ lvith u01J1Jlibus 1" changes at 2-7-01 [dJ:c:mydoc:CODES\zonIO-31-00]
No lilnit
No limit
o
No-timit
g~1le,U111}~ btlt
See Note 6.
o
e See Note 6.
Page Z-31
Table 7-6. Projections Schedule, page iii
Type Of Stnlcture 1vlaxinuull Allowed .Projection (In Inches)~ 1vleasured Fronl
The Inside Edge Of The Yard.
Special Rules For
Front Yard Rear Side Yard SF Buf. Calculating Open &
Yard feryard Pervious Areas
Certain Basketball goals 12011 No No litnit No limit The area lnay count as
Accessory t iInit generally, but see both open area and
Structures Note 7. pervious area.
Playground equipOlent 0 No 0 No litnit TIle area luay count as
Iinl it. both open area and
pervious area.
Flagpoles 120U 0 0 0 The: area tllay count as
both open area and
pervious area.
Fences 0, but see No No linlit~ but see No litnit The area does not count
Notes 8 limit Notes 8 and II. as either open or pervious
and 12. area.
Swhmning pools 0 O~ but 0, but see Note 9. No Ihnit The area counts as open
see area. Only the water area
Note counts as pervious area.
9.
TeIUlis COUtts (with 0 0 0 No litllit TIle area counts as open
associated screens) area but not pervious
area (unless the area is
made of grass).
Lights and lanlpposts No limit No No linlit No lilnit The area IllaY count as
generally, I itn it getleralJy~ but see generally, both open area and
but see genera Note 10. blltsee pervious ar~a.
Note 10. lly ~ but Note 10.
see
Note
10.
Gate closers 24" No No litnit No litnit TIle area nlaY count as
] i nlit both open area and
pervious area.
Signs (see Code of No !inlit 0 0 0 The area does not count
Ordinances) as either open or pervious
area.
Note 7.
Note 8.
J\Tote 9.
Note 10.
Note 11.
lVote 12.
Basketball Goals. No pmt of the eqUlplnent tnay be closer than ten feet to any street lme.
Fences. Fences lnay project into front and side yards to the eA1ent e}.,:pressly required or authorized by City ordinance (e.g.~ provisions in
Chapter 6 of the Code of Ordinances requiring front fences for tenlporary construction purposes and to screen nonresidentia I uses;
provisions in PDD schedules for front fences). In a Q?vlDS low fences (3.5 feet or lower) 111ay be located anywhere, ifnmde of
onlatuental meta 1 or white pickets.
Swimming Pools. Except as specifically allowed by another ordinance of the City govenIing setbacks for SWinlll1ing pools and
a ppurte:llUnces.
Lampposts. tvlaximunl dimncter of projecting posts is six inches; Inaximmn height is eight feet.
Rotated Corner Fences. Notwithstanding allY other provision of this ordinance or any other ordinance? no fence is allowed in the side
street yard of a rotated conler building site (Spw 1 District), except for telnporary construction fences required by Chapter 6 of the Code
of Ordinances.
Front Fences in Townhouse Districts. On a building site in a townhouse district (including the TH and PDD- TH districts), there may be
fences in the front yard, but not higher than seven feet and not closer than five feet to the front street line. More.pennissivc provisions
elsewhere lnay also apply.
Z 0 NIN G O.RD IN AN CE, at Ju ly 31, 2000, lV i III Of 011111 j bu s I" changes at 2-7- 01 [dl: c~mydoc ;CODES\zon 1 O~3] ~OO]
Page Z-32
ARTICLE 8.
ADDITIONAL .REGULA TIONS
Section 8-100. Purpose And Applicability ~
This Article prescribes additional regulations to supplement the district-specific regulations
and to reduce adverse effects upon adjacent properties and districts~ Unless otherwise specifically
indicated~ the regulations in this Article apply in all districts~
Section 8-101. Building Site Requirement.
See Article 5 for the requirement that each structure be located upon a building site meeting
certain criteria.
Section 8-102. Accessory Structures; Use And Density
(a) Number. The number afnon-building structures per building site is not generally
restricted, but each one must be accessory to a lawful use of the building site.
(b) AccessolY Status. Any buildings in addition to the principal building on a building site
must be accessory to the principal building and accessory to a lawful use of the principal building.
( c) Del7s;ty Conlpliance. Any structure designed, constructed, adapted or maintained for a
use or a density not specifically permitted by this ordinance is prohibited.
Section 8-103. Transition Features.
(a) When Reqt.fired. Each building site must have the transition features required by this
section if it lies directly across the street from, or within 20 feet ot: another building site restricted
by this ordinance to a use less intensive than the actual use of the first building site. Intensities of
uses are ranked in the following order, beginning with the least intensive use:
(1) single-family (detached) use,
(2) single-family (attached) use,
(3) other residential use)
( 4 ) any other use.
(b) FelIce Or Wall. If the building site lies within 20 feet of the less-intensive use, there
must be an opaque fence or wall eight feet in height separating the more-intensive activities on the
building site from the less-intensive use. The side of the fence or wall facing the less-intensive use
m.ust be finished. Exception~~ In PDD-Cl, the fence or wall fist be at least six, but not more than
seven~ feet high.
( c) Across-Street Requirenletlt~ If the building site lies directly across the street from the
less-intensive use, there must be the greatest practicable amount of pervious area within the ten feet
of the building site closest to the less-intensive use.
Section 8-104. Non-Residential Sites And Buildings.
(a) BuildillgS~ Efltrances, Etc. If a building site with a non-residential use abuts both a
residential street and a major thoroughfare, none of the following may face, or be located adjacent
to, the residential street: (i) any building on the site, (ii) any primal)' entrance to a building, or (iii)
any structure or device designed to provide goods or services. On such a building site, no sign,
driveway or curb cut may be oriented toward, or connected to, a residential street.
(b) Buildings In C District~ If a building site with a no.n-residential use in the C District
adjoins a building site in a residential district, none of the buildings on the non-residential building
site, and no structure or device designed to provide goods or services, may face the adjoining
building site.
(c) Buildi;lg Materials. The materials of each building with a non-residential use must be
of equal grade and quality on all sides. No such building may have an exterior surface of mirrored
glas s.
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Section 8...105. Loading docks and waste storage areas.
All 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 feet of any adjoining building site used for residential
purposes.
Section 8-106. Parking, Garages, Driveways, Loading Areas.
Article 10 also regulates parking, garages, driveways and loading areas.
Section 8-107. High Output Lighting Devices
All high output lighting devices installed on a building site must be designed, constructed
and operated so as to prevent them from directly illuminating any part of another building site in a
residential district or any part of a building located thereon+ A device is presumed to "directly
illuminateFl a site or building if: (i) it casts light which casts distinct shadows upon the site or
building, or (ii) the bulb or light source is visible from the site or building.
Section 8-108. Sexually oriented businesses.
(a) Spacillg. Notwithstanding any other prov.ision of this ordinance to the contrary, a
"regulated establishment" (as defined in the sections of the Code of Ordinances relating to sexually
oriented businesses) may not be located:
(1) within 750 feet of any school, church, youth athletic facility or licensed day
care center, within the City, which facilities are hereby found and
determined to be inconsistent with the operation of a regulated
establishment; or
(2) within 250 feet of any other such regulated establishment for which there is
a permit.
(b) Measurenlellt. Measurements for the foregoing distance regulations shall be made in a
straight line, without regard to intervening structures or objects, from the nearest point on the
property. line of the building site where the regulated establishment is located to the nearest point
on the property line of the building site occupied by the other facility or establishment.
(c) Other Provisions. The provisions of this Ordinance and the provisions of the Code of
Ordinances relating to sexually oriented businesses shall both be applied to regulated
establishments, and said provisions of the Code are adopted, confirmed and made a part of this
Ordinance by this reference.
Section 8-109. Maintenance.
Any facilities or structures required to comply with this ordinance or with any variance or
special exception .must be maintained in good working order.
Section 8-110. Frontage and side yard.
(a) Special Exceptions. The ZBA may issue a special exception to change the front street
line of a building site from one street to another, if it finds that the change will not unduly alter the
character of the immediate neighborhood and will not unreasonably intenere with sight lines or
other safety factors.
(b) Miflinlum Street Side Yard In connection with any such special exception, the ZBA
shall prescribe a special width for the street side yard, which shall control over the general yard
width requirement. The minimum width the ZBA may prescribe is determined by the width of the
building site measured along the new front street line (formerly the side street line), as follows:
lVidth Of Building Site A..finimum Street Side Yard
Less than 60 feet 10 feet
60 fed or 1110re, but less than 70 feet 15 feet
70 feet or 1110re. but less than gO feet 20 feet
80 feet or more The sanle setback distance which would be required if the side street Une were the front
street line (i.e.~ front yard depth).
ZONING ORDINANCE, at July 3JJ 2000, lvitII .tOu1nibus In changes at 2-7-01 [dLc:mydoc:CODES\zonl0-31-00] Page Z-34
\.
\.
Section 8-111. Other Ordinances.
Other ordinances also apply to structures and activities regulated by this ordinance. See, for
example, Chapters 3,4, 6, 8, 17, 19 and 20 of the City's Code of Ordinances.
Section 8-112. Other Laws.
(a) PUlposes. The purposes of this section are: (i) to recognize that federal or state laws
(or constitutions) can amend or take precedence over this Ordinance, (ii) to establish an efficient
method to respond to claims that such a law has amended or taken precedence over this Ordinance,
(iii) to allow claimants to get an official ruling on such claims before there is a violation of this
Ordinance, and (iv) to encourage interpretations and rulings that would harmonize this Ordinance
with all federal and state laws, whenever practicable. Requests for the City to make an
accommodation or other iegaUy-required exception are included in this category of claims.
(b) Notice~ A person with such a claim may notify the Building Official. To be effective, a
notice must: (i) identify the law upon which the claim is based as well as the part of this Ordinance
claimed to be amended or otherwise affected, (ii) identify the specific premises and activities
proposed, (iii) include identification data for the .persons who would carry on the activities, if
identity is relevant under the law upon which the claim is based, and (iv) be signed, verified by
affidavit and delivered to the Building Official. The Building Official may promulgate a standard
form and may require supplemental information.
(c) Endorsenlel1t~ When an effective notice is delivered, the Building Official shall
examine it and attempt to confirm the information provided. The Building Official may request the
assistance of other City officials and, if appropriate, law enforcement agencies. If the Building
Official determines: (i) that a notice is true and complete, (ii) that the law mentioned in the notice
clearly supports the claim made and (iii) that there is no discretion about the application of the law
and its effect on this Ordinance, the Building Official shall endorse the notice to .indicate the extent
that part of this ordinan.ce has been amended or otherwise altered, for the specific premises and
activit.ies mentioned in the notice~ In order to make such determinations, the Bui.lding Official may
impose reasonable conditions or explanations of the endorsement
(d) . Appeals, Etc~ A claimant who does not receive a full, unconditional endorsement of
the claimant's notice within 21 days following delivery to the Building Official may appeal to the
ZBA for such endorsement at any time. Unless a greater vote is required by state law, the ZBA, by
simple majority, may issue any non-discretionary endorsement. If there is discretion involved, no
endorsement may be issued, but the ZBA may issue a variance or special exception as provided
below~ For any appeal filed later than the 180th day following the date the notice was originally
delivered, the ZBA may require a showin.g of good cause for the delay and a showing that
circumstances have not materially changed.
(e) Special Exceptions, Etc~ In addition to an appeal, or in lieu of an appeal, the claimant
may request a variance or special exception (note that the owner of the site must join in the
request). If the ZBA makes special findings that the notice filed with the Building Official was
true and complete and that the law relied upon clearly or probably supports the claim, the ZBA
may issue a special exception to cover the premises and activities claimed. Either the Building
Official or the ZBA may refer a claim to the Z&PC or the City Council if it appears that a response
to the claim would require an amendment to this Ordinance.
(t) COfljidel1tiality. A claimant may request that information provided to the City under
this section be held confidentially by taking these steps: (i) marking the information clearly and
providing a second copy of each affected document from which the marked information has been
obliterated, and (ii) providing an explanation of why the information should be kept confidential.
The City shall not release any information claimed to be confidential unless required to do so by
Chapter 552, TEX. GOVFT CODE or other controlling law. For good cause shown, the ZBA may
provide for confidentiality in its proceedings, also subject to Chapter 552, TEX. GOV'T CODE.
(g) Effect of E/ldorsed Notice ~ In any proceeding to enforce some specific .part of this
Ordinance, it is an affirmative defense that: (i) the alleged violation falls within the scope of the
premises and activities (and the specific part of this Ordinance) mentioned in a notice filed under
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this section, and is carried on by the persons identified in the notice, if identity is relevant; (ii) the
notice was endorsed as contemplated by this section before the violation occurred; and (iii) any
conditions imposed by the endorsement were fully complied with.
Section 8-113. Utility Or Service Uses.
The ZBA may issue a special exception to authorize a non-complying activity, structure or
site for a complying utility or service use, in any district, if the ZBA finds that: (i) the proposal is
both necessary and reasonable, (ii) it will not unduly alter the character of the immediate
neighborhood and (iii) it will not unreasonably interfere with sight lines or other safety factors. An
affirmative defense may also apply to City-controlled conditions or activities under Article 6. The
PWSF Schedule, not this section, applies to PWSF Uses~
Section 8-114. Other Municipalities.
The Building Official is authorized to make arrangements with other municipalities for
cooperation in administration, enforcement and exchange of information, both routinely and in
cases of zoning amendments and discretionary approvals.
Section 8-115. ~Family-Type Homes..
(a) PZllpose and policv. The purpose of this section is to prav.ide for persons with
disabilities who wish to share residential living arrangements in a family-type environment. This
section shall be administered to carty out this purpose. Nothing in this section shall be construed
as attempting to regulate the right of persons with. disabilities to purc.hase single-family residences
or to affect the right of individuals to care for family members who are disabled. Nothing in this
section shall be appli.ed to "community hom.es" contrary to Chapter 123 of the Texas Human
Resources Code.
(b) Approvals~ Subiect to compliance with this section:
ill the Building Official may grant approval.. in the form of a permit" for a
famil~-type home for three or four persons with disabilities.. plus one
caregIver:
m the ZBA may grant approvaL in the form of a special exception.. for a
family-type family home for five or more persons with disabilities plus one
or more caregivers.. all of which shall be prescribed and limited by the
special exception.
(c) Mi,1inlunl standards~ Each home must meet the following standards:
ill Only residential use is allowed.
ill The home must be inspected by the Building Official and found to be in
compliance with the appropriate portions of the "Minimum Licensing
Standards for Facilities Serving Persons with Mental Retardation and
Related Conditions~" or its most current amendment as established by Texas
Department of Health.. Bureau of Long Term Care.. or the "Mini.mum
Licensing Standards for Personal Care -Facilities" as established and
amended under Texas Health & Safety Code~ Section 247,001 et seq. If the
facility is licensed by the State.. the Building Official may waive the
inspection.
ill The home must be inspected by the Building Official and found to be in
compliance with applicable fire.. housing and building codes of the City.
ill The home may not be located closer than 600 feet to a pre-existing family
home or a community home. The measurement is made in a straight line
from property line to property line.
ill The holder of the permit or special exception.. and at least one designated
caregiver living in the home.. must affirm~ in writing.. that they will be in
charge of and responsible for the operation of the home" .including
compliance with applicable regulations.
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(Q} The permit or special exception must be prominently displayed at all times
at the facility.
ill A permit" but not a special exception.. must incorporate a site plan submitted
by the.applicant which clearly shows compliance with the following criteria:
(i) at least 100 square feet of floor space for each single-occupancy
bedroom.. (ii) at least 120 square feet in each double-occupancy bedroom..
(iii) no more than two persons per bedroom.. and (iv) a separate bedroom or
other appropriate.. designated area for the designated caregiver.
(d) Other provisiol1S~ Permits and special exceptions are also subject to these additional
prOVlS10ns~
ill
ill
ill
There is no permit or application fee.
A permit has a term of one year. A special exception has a term of three
years. Neither is transferrable.
Permits and special exceptions expire automatically if the authorized use is
discontinued for 180 days or longer.. or if the facility is used for conventional
single-family use or other use.
ARTICLE 9.
PLANNED DEVELOPMENT DISTRICTS
Section 9-100. Purpose.
The purpose and intent of this article is to provide a flexible, alternative procedure to
encourage imaginative and innovative designs for the unified development of property in the City,
with overall use regulations as set forth below and in accordance with the City's comprehensive
plan. A .planned development district is designed: (i) to allow development other than single family
(detached) uses which is harmonious with close proximity to SF Districts and will provide a
benefit to residents of the City; (ii) to enhance and preserve areas which are unique or have
outstanding sce.nic, environmental, cultural or historic signifi.cance; (iii) to provide an alternative
for more efficient use of land, resulting in smaller utility networks, safer streets, more open space,
and lower construction and maintenance costs; (iv) to encourage harmonious and coordinated
development, considering natural features, community facilities, circulation patterns and
surrounding properties and neighborhoods; (v) to facilitate the analysis of the effect of
development upon the tax base, the local economy, population, public facilities and the
environm.ent; and (vi) to require the application of professional planning and design techniques to
achieve overall coordinated developments and avoid the negative effects of piecemeal or
unplanned development.
Section 9-101. Certain regulations.
Within a PDD, the applicable regulations shall be described in the corresponding PDO
schedule. A PDD schedule must require a minimum setback from the front street line on each
building site of five feet. A PDD schedule may include the following land uses, and no others,
determined by the .pre-existing district in which the PDD is proposed:
(1) In a SF District: single-family (detached) use only.
(2) In a non-S.F residential district: any use permitted in the GR-2 District.
(3) In a non-residential district: any use permitted in the GR-2 District or the C District.
Section 9-102. Site criteria.
A person applying for the establishment of a PDD must own the entire area subject to the
application. The area must include either: (i) 40,000 square feet or .more, all contiguous or
separated only by a street, or (ii) 20,000 square feet or more, all contiguous and composed of one
or more parcels previously owned separately.
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Section 9-103. Procedures.
(a) Sllbnlissions~ The applicant must submit a development plat (which may be the same
as a plat submitted under another ordinance of the City, if allowed by such other ordinance) and a
development report containil1g a general description of the proposed development and an analysis
of traffic patterns, street areas, drainage, utilities, and maintenance of public spaces, together with
any additional items the building official or the Z&PC may reasonably request~
(b) Processing. The processing procedure for approval of a PDD shall be the same as for
an amendment to this ordinance. If a PDD is approved, th.e zoning district map shall be amended
to show the PDD boundaries, and a PDD schedule shall be added to this ordinance to provide the
necessary regulations.
( c) Review; No Elltitlenlent~ The review of a PDD, like all amendments to zoning
ordinances, involves extensive procedures and legislative weighing of competing policy
considerations. Therefore, no person is guaranteed or assured that a PDD either will or will not be
acted upon favorably or within any given period of time, and no person shall ever be entitled to the
approval of a PDD under any circumstances.
ARTICLE 10.
PARKING AREAS, DRIVEWAYS
AND LOADING AREAS
Section 10-1006 OfT-Street Parking.
There must be off-street parking spaces for each occupied building space within the City, as
set out below, and subject to the other provisions oftrus ordinance:
Use or type of space Mininlunl nunlber ofparki11g spaces
SFD use on a building site containing 5~OOO sq. ft. or Illore. 2.0 per building site. See~ at so, Article 7.
Other r~sidential space.. 2.5 (3.0 in PDD-THl, PDD-TH2 an PDD- TH5) per DU. See Note 1.
Church space (including auditoria) 1.0 for each three seats in the luain auditorium.
Conununity center~ library, school or musemll space (including 10.0 plus 3.33 per 1,000 square feet o.f gross floor area in excess of2,OOO
auditoria) square .feet.
Health care facility space (nol including offices) Greater of 1.5 per bed or 1.5 per cluployee on the tnaxinuun work shift.
Theater or auditoriml1 space (except as included in church~ Greater of (i) 1.0 for each four seats; or (ii) 1.5 per 1,000 square feet. of
cOllullunity center~ library~ school or ll1useulll) gross floor area~ plus 1.0 for each ctnployee on the IuaxinllUll shift.
Office space used to provide lllcdical services 6.0 per .1,000 square feet of gross floor area.
Other office space 4.0 per 1,000 square feet. of gross floor area.
Physical fitness facility space 10.0 per 1,000 feet of gross floor area.
Studio and gallery space~ bank and financial services space Greater of: (i) 5.0 per 1,000 square feet of gross floor area; or (ii) 3.0 per
(except space used Jar auto intensive uses) conmlercial unit.
Space with auto- inteusive uses 10.0 per l~OOO square feet of gross floor area.
Retail space Llsed for rental of personal propel1y (except space lO.O per 1,000 square feet of gross 11001' area.
used .for auto intensive uses)
Restaurant space, club, cafe and shllilar recreation or anmSClnent Greater of: (i) 1.0 for each tlu.ee seats for the general public; or (ii) 10.0
space (except space used for auto iI1tensiv~ uses) per 1,000 square feet of gross floor area.
GrocelY store space~ including neighborhood convellience store 5.0 per 1,000 square feet of gross floor area.
space
Other retaij and personal service space 5.0 per 1000 square feet of gross 11001' area.
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Utility service space~ research or testing laboratory space~ 1.0 for each three employees 011 the tnaxhnum working shift, plus 1.0
laboratories, warehouses space for each truck or vehicle used in connection therewith.
Shopping centers 4.0 per 1,000 square feet of gross floor area, plus spaces required for
office, theater~ auditorium and food service spac~. See JVote 2.
All other types of space and uses 10.0 per 1,000 square feet of gross floor area used or occupied by people.
. -
Note 1 Guest spaces. There 111\1St be guest parkl'ng spaces nlarked and kept always available tor COllllUon use, not reserved tor s.peclhc persons
or classes of persons. wliniullun llUll1ber of guest spaces: 0.5 per DU (1.0 per DU in PDD~ TH I ~ PDD~ TH2 aod PD D~ TH5)~ rounded up.
See Table 7-1, Note 7 regarding parking for "garden style use~' in PDD~TH4. See Articles 7 and 10 regarding grouping and other
requirenlents.
Note 2 Additional spaces for shopping centers: (a) If office space exceeds I O~n of the gross floor area of the center, add 3.0 spaces per 1,000
square feet of oflice space in excess of 100/1) . (b) If a theater or auditoriUln occupies lO~-o. or less of the gross floor area of the center~ add
3.0 spaces for each 100 seats in the theater or auditorhllll. (c) If a theater or auditorlUln occupies nlore than 1 O~.O of the ccnter~s gross
floor area~ the seats arc apportioned on a square.foot basis~ so that one portion corresponds to I D~'O of the gross floor area and the other
portion corresponds to space in excess of 10%; for the 1 Og..-o, portiol1~ add 3.0 spaces for each 100 seats, and for the portion in excess of
IO~.;)~ add 25.0 spaces for each 100 seats. (d) If there is any food service space, add 10.0 spaces per LOOO square feet of gross floor area
of food service space.
Section 10-101. Parking Spaces; Basic Counting Rule.
To compute the parking requirements for any particular building, the total parking
requirement shall be the sum of the specific parking space requirements for each use or type of
space included in the building, as set out above. Exceptiol1: This does not apply to shopping
centers; see special rules, above.
Section 10-102. Minimum Dimensions; Design.
(a) Parking Spaces. All parking spaces must be at least nine feet wide and 18 feet long in
order to be counted toward the minimum required number. In addition, the following regulations
apply in the indicated circumstances:
(1) Ninety-degree angle parking: Maneuvering space shall be not less than 23
feet in length or breadth.
(2) Sixty-degree angle parking: Each parking space shall be not less than nine
feet wide perpendicular to the parking angle and not less than 18 feet in
length when measured at right angles to the building or parking line.
Maneuvering space shall be not less than 18 feet perpendicular to the
building or parking lines.
(3) Forty-five-degree angle parking: Each parking space shall be not less than
nine feet wide perpendicular to the parking angle and not less than 18 feet in
length when measured at right angles to the building or parking lines.
Maneuvering space shall not be less than 15 feet perpendicular to the
building or parking lines.
(4) Wheelchair-accessible parking spaces: Must be installed and maintained
with numbers and sizes prescribed by applicable regulations.
(b) Wallnvays. A private walkway, if provided adjacent to a non-SF building, shall be not
less than five feet in width and shall be in addition to the minimum requirement for parking and
maneuvering space herein required. In a Ql\IIDS, there must be a paved walkway (at least 3.0 ft.
wide) to the curb from each main entrance oriented toward a street area.
(c) Additional Space. In addition to the foregoing minimum dimensions, there must be
such additional maneuvering space and driveways as may be necessary to allow ordinary, practical
use of each parking space. See Article 7 regarding garage maneuvering space. Except for those
which serve only one or two dwelling units, maneuvering areas and driveways must be sized and
arranged so that a large vehicle can leave the street driving forward, enter any par.king space
driving fOlWard, park in that space, and then re-enter the street area driving forward, all with no
more than two stops to change directions~ As used in this section, "large vehicle" m.eans a truck 18
feet long, with a turning radius of24 feet (outside of bumper).
(d) Traffic Ellgilleerillg Handboolc All parking spaces~ maneuvering areas, loading areas
and other vehicular facilities must comply with the applicable provisions of the Traffic
Ellgilleering Hafldbook, 5th Ed. (1999), including, in particular, Chapter 14. Where multiple
standards are provided~ the highest standard shall apply. Exanlple: "Parking Class A" standards in
Table 14-6 would apply. Where this Ordinance provides specific numerical criteria different from
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(.
the same criteria in the Trqffic El1gil1eerillg Hal1dbook, this Ordinance controls.
(e) Other criteria. See Article 7 for additional criteria, including driveway, parking and
garage regulations.
Sectio n 10-103. Locatio n of parking spaces.
(a) Sanle Site R1.tle; All parking spaces required by this ordinance must be located on the
same building site with the building space served. Exceptio!1: the required spaces may be located
up to 300 feet from the entrance ofa building served (and may be outside the City limits) for: (i)
parking for building sites not used primarily for residential purposes where an increase in the
number of spaces is required by a change or enlargernent of use, or (ii) spaces allowed by this
Ordinance to be used jointly for two or more buildings or establishments.
(b) CertaiJl Joint Use Of Spaces. The ZBA may issue a special exception to allow up to 75
percent of the parking spaces required for any building site to be used jointly for another building
site, if the ZBA finds that no increase in on-street parking is likely to result. See Table 7-5a
regarding shared or grouped guest parking spaces.
(c) Above-Grade Parking~ No parking spaces may be located above grade.
(d) Easements in PDD-Cl. In PDD-CI, .parking spaces may not be located in any
easement for underground utilities.
Section 10-104. Loading spaces.
On the same building site with every building used for non-residential purposes there must
be adequate loading space, separate and apart from the off-street parking spaces. The amount of
loading space shall be sufficient in size and configuration to avoid the possibility that loading or
unloading would obstruct a street or sidewalk, taking into account the proposed use of the building
an.d the types of vehicles likely to serve it. However, there must be at least one loading area (10
wide by 30 feet long) for each 20,000 square feet of gross floor area, or fraction thereot: of building
space likely to require loading space. Loading areas do not satisfy this section unless they are
located within 200 feet (measured in a straight line horizontally) of the farthest point in the
building space they serve.
ARTICLE 11.
VARIANCES AND SPECIAL EXCEPTIONS
Section 11-100. General.
(a) Variallces. The ZBA may grant variances only in those instances specifically allowed
by state law, subject to any limitations prescribed by this ordinance. In connection with the
issuance of any varian.ce, the applicant and the ZBA must comply with state law and this article.
(b) Special exceptio/1s. The ZBA may issue special exceptions only in those instances
specifically allowed by this ordinance~ In connection with the issuance of any special exception,
the applicant and the ZBA must comply with this article.
Section 11-101. Procedures.
(a) Pre-applicatiol1 bri~fil1g. This subsection only applies to: (i) applications for special
exceptions referred to in Table 7-1, and (ii) other applications which the building official
determines could have a significant effect upon nearby properties. Before filing such an
application, the applicant must give notice and conduct a public briefing. Notices must be mailed
to: (i) all owners of property located in whole or in part within 200 feet of the site, (ii) all City
utility ratepayers for premises located in whole or in part within 200 feet of the site, (iii) the City
Secretary, and (iv) the building official. Notices must be mailed no later than the 10th day
preceding the date of the briefing. The briefing must be open to the public and held within one
mile of the site. At the briefing, the applicants must: (1) describe the proposed structures and uses~
the application documents and the application process, (ii) describe the possible alternative
locations and designs and state why they were rejected, (iii) solicit suggestions from persons at the
meeting, and (iv) keep detailed written minutes showing the names and addressees of aU persons
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notified, aU attendees and a synopsis of the matters discussed.
(b) Applicatioll. The applicant for a variance or a special exception must submit to the
ZBA all of the following:
(1) A written application signed by the owner of the site in question and the
proposed operator, if different. Exceptio/I: The building official may waive
or modify this requirement for publicly-owned, jointly-owned or leased
sites. This application must identifY the specific provision of this ordinance
from which a variance is requested or the specific provision which
authorizes the special exception requested, as the case may be. The ZBA
may prescribe the form of the applications.
(2) Proof of ownership in a form satisfactory to the ZBA.
(3) A plat prepared by a registered public surveyor showing the site in question,
areas adjacent to the building site, existing structures and proposed
structures. If substantially the same information is shown on any plat
required by Chapter 20 of the Code of Ordinances, such plat may be
accepted by the ZBA.
(4) If requested by the ZBA or the building official, a traffic and parking
analysis conforming to requirements as to scope, format and authorship as
may be prescribed by th.e ZBA or building official.
(5) Such other materials and information required by this ordinance or requested
by the ZBA or the building official.
(6) The filing fee for the type of application question.
( c) Third-party reviel-vs. If required by the building official or the ZB^ the application
may be submitted to a third-party consultant"advisor or expert. Unless othenvise prescribed by the
building official or the ZBA, the cost of such review must be paid by the applicant in advance.
Such review could be requested to resolve technical or regulatory issues raised by the application,
including: (i) accuracy and completeness of applications, (ii) analysis techniques and
methodologies, (iii) validity of conclusions reached, (iv) other technical or regulatory issues. To
provide time for such review, any hearing may be postponed or continued
(d) Notice Gild heariflg~ Before issuing or modifying any variance or special exception, the
ZBA must provide notice and an opportunity for any interested person to be heard. Th.e notice
shall be given in a form prescribed or approved by the ZB^ on or before the tenth day preceding
the hearing, as follows:
(1) By mailing a copy of the notice to the owners of building sites located
within the City and located in whole or in part within 200 feet of any part of
the building site upon whi.ch the variance or special exception is sought, as
such owners are shown on the most recent tax roll of the City.
(2) By publishing the notice in a newspaper of general circulatio.n in the City,
unless the ZBA requires that a notice be posted on the building site in
question, in which case the notice shall be posted as prescribed by the ZBA.
(3) The ZBA may prescribe additional notice for hearings or rehearings of a
matter for which notice i.s initially given as prescribed above, and if
additional notice is prescribed, the ZBA may also prescribe the form and
manner of giving any such additional notice.
Section 11-102. Findings.
(a) Variallces~ The ZBA may not issue or modify a variance unless all of the following
circumstances are present:
(1) The ZBA has made all findings and determinatio.ns required by state law for
the granting of a variance.
(2) The ZBA has made any additional findings and determinations required by a
specific .provision of this ordinance which relates to the variance.
(3) The variance has been reduced to writing and includes any conditions
prescribed by the ZBA or required by this ordinance for the variance in
question.
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(b) Special exceptio/1s. The ZBA may not issue or modify a special exception unless all of
the following circumstances are present:
(1) The ZBA has determined that the proposed special exception will not cause
any significant increase in on-street parking, will not cause any substantial
traffic. congestion, will not cause any substantial increase in traffic or an
unreasonable burden upon utility systems or upon any other public facility or
public service.
(2) The ZBA has determined that the proposed special exception will be in
harmony with the general purpose and intent of this ordinance.
(3) If the proposed special exception involves a bar, the ZBA has found that the
applicant has clearly demonstrated that there is a readiness, willingness and
ability to comply with aU applicable laws, rules, regulations and ordinances
relating to alcoholic beverages.
(4) The ZBA has made any additional findings and determinations required by a
specific provision of this ordinance.
(5) The special exception has been reduced to writing and .includes any
conditions prescribed by the ZBA or required by this ordinance for the
special exception in question.
Section 11-103. Conditions; Time Period; Etc.
The ZBA may prescribe conditions in connection with any variance or special exception to
the extent necessary to enable the ZBA to make any of the findings or determinations necessary for
the granting or issuance of the variance or special exception or to the extent otherwise necessary to
minimize or diminish any adverse effects of the variance or special exception. Variances and
special exceptions may be issued for a temporary period. All variances and special exceptions
shall remain subject to the regulatory jurisdiction of the City, and none shall be deemed to grant
any property right or vested right of any kind.
ARTICLE 12.
PRIOR NONCONFORMITIES
Section 12-100. Purpose.
The purpose of this article is to establish. rules to allow prior nonconformities (UPNC'SH) to
continue (with certain exceptions) until they are removed or terminated, but not to encourage their
survival. It is also the purpose of this article to prevent the enlargement, expansion or extension of
PNC's and to limit the degree of nonconformity ofPNCts.
Section 12-101. Burden of proof.
As provided in Article 6, PNC status is an affirmative defense, so it is the burden of the
person desiring PNC status to prove, for each non-conforming item: (i) PNC status has been
acquired, and (ii) PNC status has not been lost.
Section 12-102. Acquiring PNC status.
(a) Gellera! Rule. An item (defined below) acquires PNC status if: (i) the item was
constructed or established in conformance with the zoning ordinance (as applicable at the time);
and (ii) after construction or establishment, the item became non-conforming solely because the
zoning ordinance was adopted or amended. The item acquires PNC status on the effective date of
the ordinance making it non-conforming. Items which can acquire PNC status are:
(1) A separately-existing building site.
(2) A structure.
(3) Some aspect, use or part of such a building site or structure.
(b) Work Ilflder COflstructioJl. For purposes of acquiring PNC status, any structure for
which. all necessary City construction permits have been applied for (by filing complete and
effective plans, specifications, applications and all other required items, including fees) prior to a
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(,
given effective date shall be treated the same as a structure constructed before the effective date,
but only if: (i) the applications are eventually granted, and the permits are actually issued (before or
after the effective date), and (ii) the structure is completed substantially in accordance with the
same plans and specifications filed initially to obtain the permits, within the time allowed by those
permits, including any exten~ions lawfully granted. The ZBA may grant a special exception to
allow a partially-completed building to be treated the same as a building constructed before the
effective date, but only if all of the building's significant structural elements, including the roof and
a111oad-bearing members, were completed as of the effective date and the building is fully
completed within five years thereafter.
(c) Other conlnlitted lvork~ For purposes of acquiring PNC status, any principal building
constructed new or substantially remodeled after a given effective date shall be treated the same as
a structure constructed before that effective date, if all of the following criteria are present:
(1) Prior site acquisition. The person initially claiming PNC for the building
C'applicantH) must have acquired fee simple title to the entire building site
for the building on or before the ninetieth day preceding the effective date in
question.
(2) Diligent progress to completion. The applicant must also make, or cause to
be made, diligent progress toward the completion of the principal building.
Such progress must include both of the follow.jog steps: (i) completion of the
plans and specifications and the filing (by the applicant) of complete and
effective applications for all necessary building permits incorporating such
completed plans and specifications, on or before the ninetieth day following
the given effective date; (ii) cOffi.pletion of the construction or remodeling
substantially in accordance with the same plans and specifications filed
initially to obtain the necessary City permits, within the time allowed by
those permits, including any extensions lawfully granted.
In case of non-compliance vlith side yard regulations based on 10% of the building site width as stated in
the "Yards" table adopted III December 1994: (A) the time to acquire the entire building site is extended
through May 31, 1995, and (B) the time to file applications for permits is extended through September 29,
1995
(d). Efllargenlel1t of building site and yard. A structure located in a yard (or "setback" area)
in apparent violation of Table 7-2 acquires PNC status if: (i) after the 1987 effective date, the
building site was enlarged in compliance with City ordinances, (ii) the enlargement of the building
site also expanded the yard to include the structure, (iii) the structure was built before enlargement
of the site, and (iv) the structure did not violate the yard (or "setback") regulations before the
enlargement. The structure acquires PNC status only for non-compliance with Table 7-2.
(e) Certaifl yard encroachn1ents. A structure located in a yard (or ".setback" area) in
apparent violation of Table 7-2 acquires PNC status if the ZBA issues a special exception granting
PNC status. The ZBA may only issue such a special exception if it makes all of the following
special findings: (i) The encroachment was inadvertent and neither misrepresented to the City nor
hidden from City officials. Exception: This finding is not required if the encroachment
commenced before 1970. (ii) The encroachment will not cause a substantial adverse effect on
other persons. (iii) The encroachment does not create a significant health or safety risk.
Section 12-103. Losing PNC Status.
(a) New prillcipal building. It: after the 1987 effective date, a new principal building is
constructed on a building site, PNC status is lost for all PNC items relating to the building site.
Exceptions: (i) this does not apply to those principal buildings treated the same as structures
constructed prior to a given effective date (see above); (ii) PNC status with respect to a building
site dimension is not lost.
(b) COf?fornlallce is achjeved,~ discofltilluation~ If a PNC item is changed to conform to
this ordinance for an indefinite period or for 180 days or more, PNC status is lost for that item. If a
use of property is discontinued for 180 days or more (exclusive of time when actual construction
work prevents the use), the use loses PNC status.
(c) Loss to casualty, etc4 If 51 % or more of the fail 111,11 ket value replacement cost of a
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structure is lost to casualty, eminent domain, obsolescence, involuntary demolition or other similar
cause, the structure loses PNC status, Exceotiol1~. T.his does not applv to a building used for SFR
purposes. For this purpose.. "replacement cost" is determined by standard cost levels for similar
structures as most recently published by the Southern Building Code Conference International
("SBCCI") or similar agency. Seei e.g~., the SBCCI's internet publication of , 'Building Valuation
Data,," which provides average construction costs per square foot.. by type of construction and
occupancy group.. with factors to modify those costs for the Houston area. The ZBA may issue a
special exception to allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i)
rebuilding is necessary to avoid substantial economic waste and economic hardship, and (ii) there
will be no substantial adverse effects of the rebuilt structure.
(d) .Violatioll of special conditiollS. If a PNC item was specially authorized by a zoning
ordinance of the City or by a special exception, variance, permit or other authorization, and if the
terms or conditions of the authorization are violated, the item loses PNC status.
( e) Degree of llollconforlnity increased. A PNC item loses PNC status to the extent
that the degree of nonconformity is increased (or to the extent that the non-conforming area is
expanded). Exceptions:
(1) This provision does not apply to the initial work on those structures treated
the same as structures in existence on a given effective date pursuant to the
provisions of this Article (i.e., "work under construction" and Uother
committed work").
(2) If a principal building in a SF District acquired p.Ne status on an effective
date because of a non-conformity with a new side setback or side yard
requirement on one side of the building site, the building does not lose its
PNC status with respect to that specific nonconformity (on that same side of
the building site) if the nonconformity is expanded or increased as a result of
a remodeling project and the gross floor area of the principal bui1ding has
o.ot increased to 200 percent or more of its gross floor area on the given
effective date. A principal building so remodeled has the same PNC status
as the original building with respect to the side setback or yard requirement
on the same side of the building site where the original nonconformity was
located, but this does not apply to any new nonconformity (on the other side
or elsewhere).
(3) If the .PNC item is a shortage .in off-street parking spaces serving a building,
PNC status is not lost by a change in the building if the increase in the
number of required spaces resulting from the change is provided, on an
incremental basis.
(t) Garages. If the PNC item is non-compliance with garage regulations, .PNC status is
lost if: (i) an existing garage is removed, destroyed or converted to a non-garage use, or (ii) space is
added to the principal building so that its gross floor area is increased to 200 percent or more of its
gross floor area on the 1987 effective date.
(g) Drivelvays. If the PNC item is non-compliance with driveway regulations in an SF
District, PNC status is lost if: (i) a new driveway is constructed, (ii) an existing driveway is either
replaced or expanded, or (iii) space is added to the principal building so that its gross floor area is
increased to 200 percent or more of its gross floor area on the 1987 effective date.
(h) Buildiflg site dinleflsiollS. If the PNC item is non-compliance with one or more of the
required minimum dimensions of building sites (example: minimum dimensions of75 by 105 feet
in the SF-2 District), PNC status is not lost as to any dimension unless it is brought into
compliance. Any such non-compliant building sites may be improved by any construction,
reconstruction, expansion or other project otllerwise lawful.
(i) Passage of Tinle~ The following PNC items lose PNC status upon the expiration of the
time periods indicated:
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Pive Item Time Period Special C ondi tions
Use of a building site in an SF District for business Ten years frOln the
acti vities 1987 effective date
Pr~sellce of l110re dwelling units than allowed in an SF Ten years fronl the PNC status for space which qualifies as confonning
District. 1987 effeclive date accessory quarters is not necessarily lost.
Use of a building site by Illore than one fmnily in T en years fronl the
violation of SF District use regulations 1987 effective date
High output lighting devices in violation of Article 8 ~ 160 nlonths
following the 1987
effective date
Lack of special screens in violation of Article 8 (waste ~ 160 months
storage or loading) following the 1987
effective date
N on~colnpliance with pervious area requiretllcnt in the C Ten years following the
District. 1987 effective date
Section 12-104. Work To Achieve Compliance.
The building official may issue a permit with a specific condition requiring that a PNC item
be brought into compliance if: (i) the item has lost PNC status or will soon lose PNC status, (ii)
su'bstantial work is necessary to achieve compliance, and (iii) the person in control of the property
demonstrates both the willingness and the ability to achieve compliance. It shall be an affirmative
defense in any proceeding to enforce this ordinance with respect to the PNC item that: (i) such a
permit was issued, and (ii) work to achieve compliance is prosecuted diligently.
Section 12-105. Special Exceptions To Extend PNC Status.
The ZBA may issue a special exception to extend or reinstate PNC status for any item,
upon application by the owner or someone with a substantial interest in the affected property, if the
ZBA finds: (.i) a substantial investment was reasonably made in the PNC item, or in reliance upon
it, and (ii) extension ofPNC status is necessary to allow a reasonable period in which to amortize
the investment, or to avoid unreasonable waste of any remaining value of the item with. PNC status.
An extension may be for a fixed term or for an indefinite period. This section applies both to PNC
items losing status by lapse of time and to PNC items losing status for other reasons. A special
exception may allow the rebuilding, remodeling or modest enlargement of a structure which would
otherwise lose PNC status and may allow the continuation ofPNC status.
ARTICLE 13.
ENFORCEMENT
Section 13-100. Certain permits.
Except as provided below, a permit is required for each of the following:
(1) The erection, moving, construction or alteration of any structure within the
City.
(2) The occupancy of any building space.
(3) A change in the occupancy of any building space, whether by change in
ownership, tenancy or otherwise.
( 4) A change in the use of any building site or structure.
(5) Any change which would affect the number of off-street parking spaces
required by this ordinance for a given building or building space.
Section 13-101. Other ordinances.
The City Council, by ordinance, may prescribe terms, conditions, fees, regulations,
exceptions and procedures for the permits required by this ordinance and may provide for
consolidated permits to enforce not only this ordinance but also the other ordinances and
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regulations of the City.
Section 13-102. Procedures.
Unless otherwise prescribed by ordinance, a person desiring a permit under this ordinance
must apply .in writing to the building official. Any person aggrieved by any action or inaction of
the building official with respect to this ordinance may pursue those appeals prescribed by state
law or other ordinance of the City.
Section 13-103. Proof of certain facts.
(a) Ml.lltiple1"anlily residence. It is presumed that two or more families reside upon a given
building site if either of the following sets of circumstances is present:
(1) Seven or more people, with at least three different family names among
them, reside upon the building site.
(2) Two or more persons pay money or give any thing of value to one third party
in exchange for the right to live upon separate portions of the building site,
where each separate portion is physically separated from the others and each
has a separate entrance to the outside.
(b) Si17gle-fanlily building. It is presumed that a building is used for a residelltial use other
than single-family (attach.ed) use or single-family (detached) use, if the building is separated into
two or more rooms or groups of rooms by partitions, locked doors or other devices with the effect
of excluding persons who could live in one part of the building from another part of the building
which could be used as living space by one or more other persons.
(c) Control of property. It is presumed that a person controls real property (and all
structures on the property) during a given tinle period, if that person has either arranged for or paid
for any utility service for the property for that time period. Proof of such arrangement or .payment
may consist of excerpts from the customer billing records of the company or entity providing the
service.
(d)
Olvnership of property. It is presum.ed that a person owns a given item of property if:
(1) the person is shown on the current City tax roll as the owner of the property;
or
(2) the property was conveyed (or purportedly conveyed) to the person by deed,
bill of sale or other document, and a reasonable search has revealed no
similar document conveying (or purporting to convey) the pro.perty to
someone else.
(e) Multiple utility service. It is presumed that utility service is provided to a person at a
given place during a given time period, if that person has arranged for or paid for the utility service
for that place for that time period. Proof of such arrangement or payment may consist of excerpts
from the customer billing records of the company or entity providing the service.
(f) Proof of reside/Ice. For purposes of this ordinance only, it is presumed that a person
resides in a given place at a given time, if any of the following sets of circumstances is present:
(1) The person is registered to vote with the place listed as his or her residen.ce
at that place.
(2) The person has arranged for or paid for any utility service with respect to the
place in question and for the time period in question~ the place is a
residence~ and the person did not give the company or entity providing the
service another address as the personts residence.
The person has given the address of the place as the person's address at or
shortly before that time, without indicating that it is temporary or "in care
O.PI another person.
According to official records of the Texas Department of Public Safety (or
its successor), the person's residence address is at the given place at that
time.
The person has stayed over.night at the given place more than once during
the time period in question~ Proof of such stays may consist of one or both of
the following, or other proof: (i) proof that the person was present at the
(3)
(4)
(5)
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place for an hour or longer between the hours of2:00 a.m. and 7:00 a.m. on
any two days separated by at least 42, but not more than 90, intervening
days; or (ii) proof that a motor vehicle registered in the person's name was
present upon or adjacent to the place for an hour or longer between the hours
of2:0.0 a.m. and 7:00 a.m. on any three separate days, where the first day
and the last day are separated by at least 42, but not more than 90,
intervening days, together with proof that the person operated the vehicle on
at least one of the three days.
ARTICLE 14.
AMENDMENTS
Section 14-100. Manner of initiation.
(a) lflterested Persons. Any interested person may initiate the consideration of an
amendment to this ordinance by submitting the proposed amendment to the Z&PC together with
any required filing fee and any information and materials the Z&PC may require.
(b) CifJJ Bodies. The City Council, the ZBA, other boards and commissions of the City and
the officers and employees of the City acting in their official capacities may also initiate the
consideration of amendments to this ordinance by submitting them to the Z&PC together with any
information and materials the Z&PC may require.
( c) Z&PC l11itiation. The Z&PC may initiate the consideration of a proposed amendment
on its own motion.
Section 14-101. Procedure and hearings.
(a) State Lmv Procedures. In connection with the adoption of any proposed amendment to
this ordinance, the Z&PC and the City Council shall comply with state law with regard to
procedure and hearings.
(b) Legislative Proceedil1gs~ The extent and type of consideration given to any proposed
amendment is purely within the legislative discretion of the Z&PC or the City Council, as the case
may be, and no amendment is guaranteed any particular degree or type of co.nsideration.
Section 14-102. Special majorities.
The .number of votes on the City Council required to approve an amendment is determined
by the City Charter, except that, when the number of written protests required by section
211.006(d) of the Texas Local Government Code (Vernon1s 1988) or any successor statute, is
received with respect to a given amendment subject to such statute, the number of votes required to
approve the given amendment is determined by such statute.
ARTICLE 15.
ZONING & PLANNING COMMISSION AND
ZONING BOARD OF ADJUSTMENT
Section 15-100. Constitution; powers and duties.
The Z&PC and the ZBA are established and shall be constituted as prescribed by the City's
Charter. They have the powers and duties prescribed by the Charter, applicable law, this ordinance
or other ordinances of the City.
Section 15-101~ Zoning & Planning Commission.
(a) Ntlnlber, Quorunl~ T.he Z&PC shall have the number of members appointed by the City
Council from time to time, within the limits prescribed by the Charter. A quorum is a majority of
the members appointed and holding positio.ns which are not vacant, but never fewer than three.
Each member of the Z&PC shall be appointed to a specific numbered position, numbered from "l n
through U51f (plus u6" and H7," if appointed).
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(b) Qt(al(ficatiollS~ Each appointee, at the time of appointment, must be a resident of the
City. A member who ceases to be a resident of the City shall be deemed to have resigned and may
be replaced at any time thereafter, but shall continue to serve until the successor is appointed and
qualified.
(c) Ternls~ Each position has successive tenus ofoffice~ with each term beginning on
September 1 of each odd-numbered calendar year and extending through August 3 1 of the next
following odd-numbered calendar year. Each member appointed shall serve for the specific term,
or the unexpired portion thereot: of the specific position to which the member is appointed.
Members shall also serve after the expiration of a term of office until a successor is appointed and
qualified.
(d) Appoill tffl eIlts, VacGllcies. Appointments for upcoming terms may be made no sooner
than sixty days prior to the beginning of the term. In the event of death, resignation, removal from
office or any other vacancy, a successor shall be appointed to serve the remaining unexpired
portion of the specific term of office of the vacant position.
(e) RenlovaL The City Council may remove a member for cause on a written charge after a
public hearing.
(t) Officers. The Z&PC shall select a presiding officer, a vice presiding officer and a
secretary from among its members.
(g) No Conlpensatiofl. The members of the Z&PC shall receive no compensation for their
services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by
authority of the city manager or the City Council.
Section 15-102. Zoning Board of Adjustment.
(a) Nunlber, Quoflln14 The ZBA shall have the number cfm.embers prescribed by the
Charter. A quorum is four. Each member of the ZBA shall be appointed to a specific numbered
position, numbered as follows: regular positions numbered from" I" through "st. and alternate
positions numbered from "AlII through uA4."
(b) Qualifications. Each appointee, at the time of appointment, must be a resident of the
City. A member who ceases to be a resident of the City shall be deemed to have resigned and may
be replaced at any time thereafter, but shall continue to serve until the successor is appointed and
qual ifi ed.
( c) Tern1s. Each position has successive terms of office, with each term beginning on
September 1 of each odd-numbered calendar year and extending through August 31 of the next
following odd-numbered calendar year. Each member appointed shall serve for the specific term,
or the unexpired portion thereo~ of the specific position to which the member is appointed.
Members shall also serve after the expiration of a term of office until a successor is appointed and
qual i fi ed.
(d) Appoillt111el1ts, .Vacancies~ Appointments for upcoming terms may be made no sooner
than sixty days prior to the beginning of the term. In the event of death, resignation, removal from
office or any other vacancy, a successor shall be appointed to serve the remaining unexpired
portion of the specific term of office of the vacant position.
(e) Rentoval. The City Council may remove a member as provided in applicable state law.
(t) Officers. The ZBA shall select a presiding officer (who shall have the authority of the
"chairmanf1) and a vice presiding officer from among its members.
(g) No Conlpeflsatio/l. Th.e members of the ZBA shall receive n.o compensation for their
services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by
authority of the city manager or the City Council.
(h) Office. The office of the ZBA shall be at the office of the building official.
[E/ld 0..1 Base Text. Schedules and Diagralllfollow,~ these are il1tegral parts of this Ordillance.]
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LOT DIVISION SCHEDULE
Example A. ..~s.\tming that.. if the two (2) .subdivided lQts ,\\'ere divided, the closest slru.cture [:0 a side
property line would be set back by 'flva (5) feet~ and further assumin.g that .there would be 00 ot.her-
conditions in violation. Or noncompliance With this. ordinance.. the two (2) ~ ubdi vided lots could be dl vid-p.d
along their l.::ommon boundary..
a'--l-~-~~T'---!'
~ }~S~. I
I fJ~ml:-~~ry .
~}~.;r""'-:-.."- ';-'. k I
~~':, ':;;. ~ _//"-~ #t)".. o.
I' l.ll'. . :' .t~. /nc: ) ,
. Y"'
..rnnjItf.._,.~... --....... .~.......
.s-7'/lEcr
Example B ~ If a structlJ.re straddles the cpm.:rnQn .boundary of the tw.o (2} subdivided. lots.. to divide the
lots 'would create a condition in "iolation of this {)rdinance (Le.l a yt<llation of setback regUlations), and
this \vouldprevent tha division or the two lots~
D-W'l~-' --- -[::"PhC
- ~r ~ -/~j,~;;; - ~ _.0 -- ~ - ~- - M ~-.-
v.
. . .. . .
Srf/ECr
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LOT DIVISION SCHEDULE, CONT.
Exmple c. A9~Umh\g that) if the .t.wo. (2) subdi\:".ided Jr,b; wel'C dividoo. the. cJf}:?;est. :\t;f'Uct:ur~ to a ~irl))
property line would be set b$ck by onlY' two (2) feet~ thi.! two {2} t;.ubdh~ded .IOots ("ou1d not .be dividud.
-......----.. . -r---" .--. -r---' -. -I'"
~. -
..~..:. ..:....". ~
~ ]'l.o~<,:m.1.@ I
. L:~~~J rF~" lhC !
- -~- ~ - - - -1- ~ _.~-..ItJ-'1- ~~~ :~~'- - t--. .- .- -- - -_._-
L_~u_m~~-1- .
STAJ:/::.:r
Excs.mple D~ ...4.sauming that:
(I} If ~h0 two (2) sulJdivided l~ts were divided, th~ closest structure to a side pt"operty line \~'ould be set
baCk by four {4} feet;
t2) Such a ((IllrAroot setbnck would hem violation of t.hiIs ordbla.nce;. .
(3~ Sueh tl four-foot e.ctback \wuld n~t have been itl vY...olatlOJ): or the city.~ s ordinances .nt .th.e time tr~~
~trJ.~lur& "WaS "C()nstructcd~ and .
(4) There .are 1.10 other. conditions in. violation Gr .n~n'\:;o:m.plia.p.ce with this ordinance;
The: two {2} subdivid.cd lota: could be divided n]tUJg. "their <:ammou hounda.ry.
... tr. --1-'
I
T--.. - ~-I-
!
1
t
. l
~il-(i'
~ ~ 4
.~ - ~r. ". ~..c'
~.~.;~..:;...:""'~&.. ~~ P~/'i ..I.-.
. __ r- ~
. .1''i.. ~c ~
: . i .c.AO"~ ..-~ j
! J -__~_~~ - - - -,--- ----- - - u
t
C T/"{ I':.~&:~r
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-----~----~~------~------~-------~-------~--------~~---~---~~------~-------~~-------~-------~~-----~-~-----~~--------~--------~
Page Z-50
D.RIVEW A Y VISmILITY DIAGRAM
Oi3f}nlm .showing .drlvcw~y vuibility Wangles-
)lot>> ./ettle.
louse
.SiJ3ewalk
-----~~---~-----~~---~~-----~----~-----~~------~~~~----~~----~~----~~---~-~-----~~-~----~~----------~----~~-----~~--~---~------
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PWSF Schedule
(Personal Wireless Service Facilities)
In GeneJ"al. A PWSF complies with this ordinance only it: for that specific PWSF:
1. Pre-app Ii cati 011. Any applicable pre-application process has been followed.
2. Application. The required application has been completed and filed.
3. Review, etc. The applicable review and issuance process has been completed.
4. Permit. The appropriate type of permit (either a low-impact PWSF permit or a permit
authorized by special exception) is in effect and not suspended or terminated.
5. Other. The PWSF otherwise complies with this schedule and other applicable provisions of this
ordinance.
Definitions. In this schedule:
1. "Antenna" means the surface from which radio signals are sent or received~
2. "Building-mounted antenna" means an antenna attached to the surface ot: or mounted inside, a
building or building-like structure such as, for example, a steeple, cooling tower, elevator
housing, parapet, penthouse or elevated tank.
3. "Co-locate" means to use a single mount or site for two or more PWSF's.
4. "M_onopole'1 means a single shaft used primarily to mount PWSF's.
5.. "Low-impact PWSF" means a PWSF in one or more of the following categories:
(a) Low-Inlpact, building-nl01lnted The antenna is building-mounted, and:
(1) Any exposed elements are flush-mounted (not more than one foot from the face
of a wall and at least one foot below the top of the wall) and are covered or
painted to match the color and texture of the building~
(2) All other equipment is screened from off-site views.
(b) LOlv-inlpact, stal1dard street structzlre. Th.e PWSF is incorporated into a new or existing
streetlight or other street structure with a standard or ornamental design formally adopted
by the City Council and approved for joint use with a PWSF.
6. "Rooftop-mounted antenna" means an antenna mounted on the roof of a building that is not a
"building-mounted antenna."
7. "Sightline representation" means a profile drawing of a sight line from a viewpoint to the highest
visible part of a PWSF meeting these criteria:
(a) Intersecting trees and other objects must be shown.
(b) The scale must be one inch equals 40 feet, unless otherwise specified by the City.
8. "Tower" means a structure, other than a monopole, used primarily to mount PWSF's.
Application. The owner and proposed operator of a PWSF must file a complete, written application,
including the following:
1. Fornl, etc. A City-prescribed application form, with all required signatures~ fees, plans and
s p ecificati ons.
2. Sketch plat. A sketch plat as required for new major development, including all structures
located within 200 feet of the proposed PWSF or its site.
3. Service area. A map of the service area for the PWSF.
4. Other faci Ii ties. A map showing all existing and planned facilities, both within the City and
within three miles of the site, that could be, or will be, used by the applicant for, or in connection
with, the PWSF. The map must show all cables, connection devices and the height, mounting
style and number of antennas.
5. Co-locatio!1 certificate (fl0t required/or Low-inlpact PWSF's)~ A certificate, in recordable form,
signed and acknowledged by the owner and operator (and each lienholder) stating that the PWSF
and its site are, and will remain, available for co-location upon reasonable, non-discriminatory
terms and conditions. (With the certificate, there must be a current title report or other proof of
ownership and liens acceptable to the building official.)
6. Tovvers, mOflopoles. The following additional items are required if the application is for a new
tower or monopole:
a. A map indicating, for aU the area within one mile of the proposed PWSF: (i) all
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monopoles and towers in existence, planned or under construction, and (ii) all structures
in existence or under construction with a height comparable to the proposed PWSF (e.g.,
towers, buildings, poles, etc~), and (iii) other possible or potential sites for the monopole
or tower, including standalone locations.
b. A detailed de~cription of efforts made to locate or co-locate the proposed PWSF at or
upon each pole, tower, structure and site required to be indicated on the map. The
description must also include: (i) the names, addresses and telephone numbers of the
owners and persons contacted, and (ii) reasons why each was rejected, giving particular
emphasis to the criteria set out in this schedule.
c. A detailed description of: (i) efforts made to blend the facilities with the surrounding area
and to screen them, (ii) the process for selecting the proposed COlOf., (iii) efforts made to
minimize the diameter and mass of the main supporting structures, including an
engineering analysis, (iv) efforts made to minimize the equipment attached to the pole or
tower to support the antennas, including an engineering analysis, (v) efforts made to
minimize the size, bulk and number of antennas and ancillary equipment to be mounted
on the pole or tower, including an engineering analysis, and (vi) a description of the
function of any such ancillary equipment and the need to locate it on the pole or tower in
question.
d. A p.hoto simulation of the site.
e. If the site is located within 500 feet of any dwelling: (i) a photo simulation of the views
from each dwelling, (ii) two photo simulations from the closest streets, and (iii) an
analysis of the simulations and the other required information to determine the most
effective way to screen or blend the facility with the surrounding environment.
7. Certaill other types of PWSF's~~ The following additional items are required for all other
PWSF)s, except low-impact PWSF's:
a. A detailed description of: (i) efforts made to blend the facilities with the surrounding area
and to screen them, (ii) the process for selecting the proposed color, (iii) efforts made to
minimize the diameter and mass of the supporting pole or tower (if there is one),
including an engineering analysis, (iv) efforts made to minimize the equipment attached
to the pole or tower (if there is one) to support the antennas, including an engineering
analysis, (v) efforts made to minimize the size, bulk and number of antennas and
ancillary equipment, ifvisible from off-site, including an engineering analysis, and (vi) a
description of the function of any such ancillary equipment and the need to locate it as
designed.
b. Sightline representations from the most common viewpoints, .including any building
facades and public or private roadways within 500 feet of the site.
c. A photo simulation of the site from the main street frontage.
d. If the site is located within 500 feet of any dwelling: (i) a photo simulation of the views
from each dwelling, (ii) two photo simulations from the closest streets, and (iii) an
analysis of the simulations and the other required information to determine the most
effective way to screen the facility or blend it with the surrounding environment.
Review, Issuance, Permits. The review and issuance process includes:
1. Administrative reViel.fJ. By City staff
2. Sketch plat~ Review of the sketch plat as required; see Chapter 20.
3. C017sullants. Review by a third-party consultant, if required by the building official, the ZBA or
City CounciL Such review would normally be requested to resolve technical or regulatory issues
raised by the application, including: (i) accuracy and completeness of applications, (ii) analysis
techniques and methodologies, (iii) validity of conclusions reached, (iv) other technical or
regulatory issues.
4~ Hearitlgs. Any required hearings have been duly noticed and held. The building official may
require special hearings, even if not otherwise required.
5. Pernlits. Preparation, approval and issuance of a permit, as follows:
a. Low-inlpact PWSF's. The building official may issue a low-impact PWSF permit, but
only after determining that the the definition of "low-impact PWSF" clearly applies. See
ZONING ORDINANCE, at July 31! 2000, with uOJl1nibus In changes at 2-7-01 [dLc:mydoc:CODES\zonlO-31-00] Page Z-53
above. The building official may also issue a low-impact permit if the ZBA determines
that the definition applies.
b. Other PWSF's. All other PWSF's require a special exception to authorize the building
official to issue a permit. A special exception may impose site-specific conditions and
restrictions upon a PWSF that are more restrictive than this schedule.
6. Ternl0fpernlits. The term of each PWSF permit is five years from the date of issuance.
Exceptions: (1) A special exception can prescribe a shorter tenn. (2) If a permit calls for co-
location with a pre-existing PWSF, a special exception may extend the term of all co-located
PWSF's at that site to the fifth anniversary of the issuance of the last permit for that site.
General Criteria & Regulations. The following apply to PWSF~s and PWSF permits:
1. Site} eqllipnlel1t. The site and type of equipment must offer a lower impact upon nearby
residential sites than the other reasonable alternatives. For this purpose, impact is measured in
terms of: (i) visual intrusiveness, (ii) risk of physical impact, and (iii) and reduction in property
values. Each PWSF must comply with other applicable laws, rules, charters, guidelines,
ordinances and regulations, and each applicant and permittee must submit proof of such
compliance when requested by the building official. Examples: (1) Required ordinances and
permits to use public rights of way. (2) Written statements of compliance with federal
regulations and guidelines on radio frequency exposure, including engineering analyses and
ilnpact assessments based upon appropriate field tests, signed by a registered professional
engineer who has both training and substantial experience in connection with radio frequency
exposure.
2. SFD/Sr"""A sites. No PWSF is allowed upon any subdivided lot or building site where the actual
or intended principal use is SFD or SF A. The intended use .is deterniined by the applicable
zoning regulations and the size and shape of the parcel.
3. Yards, special setbacks. Regular yard regulations apply. In addition, all parts of a PWSF must
be set back the following distances:
a. two feet for each one foot of height, measured from the nearest building site boundary;
and
b. three feet for each one foot of height, measured from the nearest SF District boundary
(Of, if the PWSF is within an SF District, the nearest building site with an existing
dwelling).
Exceptio/I: These additional setbacks do not apply to building-mounted PWSF's or low-impact
PWSF's.
4. Height. Regular height regulations apply. See Article 7 which limits heights to 25 or 35 feet.
Exceptiol1S: (1) A low-impact PWSF incorporated into a standard street structure structure may
be up to four feet higher than that structure, assuming the height of that structure does not
otherwise violate this ordinance (taking into account any PNC status, other defenses and
exceptions). (2) A special exception may prescribe different height regulations.
5. Desigtl aspects. The design of each PWSF must~
a. Minimize the mass of the PWSF that may be visible from off-site or street areas, to the
extent reasonably possible while maintaining structural integrity.
b. Provide for present and future co-location with other PWSF's to the extent reasonably
possible. Exception: This does not apply to low-impact PWSF's.
c. Prescribe shapes and dimensions that will blend with similar objects to the extent
feasible.
d. Include a permanent marker (not larger than 4x6 inches) clearly identifying the owner's
name, address and emergency telephone number.
e. Either comply with the definition of a low-impact PWSF or comply with all the
following additional criteria for issuance of a special exception:
(1) The height of the PWSF must not be intrusive, obtrusive or out of character with
the surrounding areas.
(2) Arrays and supporting structures must blend with the existing physical context
and may not be unnecessarily intrusive or obtrusive.
(3) Trees, natural landscaping and screening must be incorporated into the PWSF and
ZONING ORDINANCE, at Ju~v 31, 2000, lvith H0111nibus [n changes at 2-7-01 [dLc~mydoc:CODES\zonIO-31-001 Page Z-54
its surroundings to the greatest extent feasible.
( 4) Camouflage or disguise techniques must be incorporated to the greatest degree
feasible, for aspects of the PWSF that cannot be screened.
(5) In all other respects, the PWSF must blend into its setting to the maximum extent
feasibl,e and may not unnecessarily intrude into surrounding landscapes or views.
(6) The PWSF must comply with the general purpose and intent of this ordinance
and the comprehensive plan.
6. Guy}vires. Guy wires may not be used for monopoles or towers.
7. Co-locatio!l (not requiredfor low-inlpact PWSF's). Each PWSF and its site must be made
available for co-location upon reasonable, non-discriminatory terms and conditions, at all times.
The co-location certificate must be recorded in the Harris County real property records.
8. Screellillg. All equipment must be screened from off-site and street area views to the extent
reasonably possible by opaque screens, walls, parapets, etc. Exceptioll~. This does not apply to
low-impact PWSF's.
9. Ul"lderground,~ El"lclosures. All cabinets, boxes and similar non-antenna-related equipment must
be located underground, unless it is so designed and located that it is not visible from a street
area. For example, the equipment may be located inside a non-residential building similar to
other buildings in the area, or completely enclosed by an opaque wall or other enclosure
designed and maintained to resemble similar enclosures in the vicinity, with external
landscaping similar to landscaping present in the vicinity. Gates must be opaque. Exceptiofl:
Undergrounding or enclosure is not required for equipment that is part of a low-impact standard
street stro cture.
10. Lighting. All exterior lighting designed for the PWSF itself must be contained within the enclosure
as described above.
11. Parking. Notwithstanding Article 10, no off-street parking is required for a PWSF.
12. Renloval. A PWSF that is not used for 180 days or longer, or for which there is no PWSF permit in
effect, must be removed. Each owner and person in control of the site is responsible for removal,
jointly and severally~ A permit may require the filing offinancial security and rights of entry with
the City to secure the obligation to remove.
13. RegistlY. The building official may maintain a registry of all PWSF's and may require each
permittee to certify the locations, equipment, designs, operations, and other information about its
PWSF's periodically.
14. Suspensioll1 ternlination. All permits are subject to suspension and termination in the same manner
as provided for building permits generally, except that only the ZBA may suspend or terminate a
permit authorized by special exception.
ZONING ORDINANCE, at July 31, 2000, 'with H01l111ibus ['1 changes at 2-7-01 [dJ:c:mydoc:CODES\zonIO-3J-OO] Page Z-55
Amendment to Chapter 15
to provide for
regulations of nudity and
alcohol
Ametld Sectio'115~051 GIld 15~053J GIld add a flew SectioI115.080, of the Code ofOrdillGI1CeS of
the Cit)l of West Ulliversity Place, as follows:
Sec. 15.051. Youths pi ohibited; attendant!..requireda; nudity and alcohol.
(a) UJlder 17 prohibitiol,. It shall be unlawful to allow a person who is younger than 17
years of age to enter or be on the premises of a regulated establishment at any time that the
regulated establishment is open for business.
(b) AIle/Ida/Its. It shall be the duty of the operator of each regulated establishment to
ensure that an attendant is stationed at each public entrance to the regulated establishment at all
times during such regulated establishment's regular business hours. It shall be the duty of the
attendant to not allow any person under the age of 1 7 years to enter the regulated establishment.
It shall be presumed that an attendant knew a person was under the age of 17 unless such atten-
dant asked for and was furnished: (i) a valid operatorts, commercial operator's or chauffeur's
driver's license: or (ii) a valid personal identification certificate issued by the Texas Department
of Public Safety reflecting that such person is 17 years of age or older~
(c) Nlldity & A /coho/. If alcoholic beverages are served or permitted to be co"nsumed at a
regulated establishment~ it shall be unlawful: (i) for any person at the establishment to be nude or
semi-nude: or (ii) for any owner or operator of the regulated establishment to cause or allow any
person to be nude or semi-nude at the establishment. A person is "nude or semi-nude" if the
person exposes or displays any of his or her specified anatomical areas.
Sec. 15.053. Violation deemed misdemeanor; continuing.
Violation of any provision of this subchapter shall be punishable by a fine of not less than
$150 nor Iflore than $200, and the maximum penalty shall be as prescribed by state law. Each
day any violation continues shall constitute and be punishable as a separate offense.
Sec. 15.080. Nudity & Alcohol.
If alcoholic beverages are served or permitted to be consumed at a an adult arcade~ it shall
be unlawful: (i) for any person at the arcade to be nude or semi-nude: or (ii) for any owner or
operator of the arcade to cause or allow any person to be nude or semi-nude at the arcade. A
person is ~(,nude or semi-nude" if the person exposes or displays any of his or her "specified
anatomical areas~~' as defined in Subchapter C of this chapter..
b65:\54osob
[.
("
Amendment to Chapter 20
to allow summary approval of
certain minor plats
(all new section) 8-8-00:
Section 20.010. Summary approvals: dele~ation of authority.
(a) 1/1 GeJleral. Subiect to this section.. the .Public Works Director is specifically
delegated the authority to approve the types of plats and replats mentioned in Section 212.0065"
Texas Local Government Code. ExcevtiollS: The Public Warks Director is not authorized to
approve any plat or replat that:
ill increases the number of subdivided lots:
ill changes the front street line of any corner site from one street to the other:
ill creates irregularly-shaped lots:
ill reduces or adversely affects any front yard.. side yard~ street area.. public
easement or other public property:
ill requires a variance or other discretionary approval by the Z&PC:
{Q} requires a public hearing:
ill is not clearly within the scope of said Section 212.0065: or
00 does not clearly comply with this Chapter.. the zoning ordinance and other
applicable regulations..
(b) Subject to law~ This delegation is ubiect to Chapter 212" Texas Local Government
Code and other applicable regulations.. including specifically the provisions in Sectr.on 212.0065
regarding referral of plats to the Z&PC,
(c) ConlbiJled aoprovaL The Director may grant preliminary approval.. final approval or
both (combined approval).
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