HomeMy WebLinkAbout07132023 ZPC Agenda Item 3 City of
West University
Place
3 . SF District Consolidation
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PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 2. DEFINITIONS AND INTERPRETATIONS
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 "shall" 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"affirmative 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 law.
The intent of this ordinance and of the use of particular undefined words is to be determined from the whole
ordinance and not from a narrow reading of a particular sentence or phrase.This ordinance shall be interpreted
and applied 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:
Accessory.A building,structure or use is"accessory" if it is: (i)subordinate and incidental to a lawful principal
building and use on the same building site,and (ii)is necessary or convenient for a lawful principal use of such
building.An accessory building,structure or use can include, but is not limited to,a garage,guest quarters,pool
cabana,game room or other similar use. But see,Tables 7A-1,7B-1,7C-1, Note 2.
Accessory quarters(or"AQ").A dwelling unit meeting all of the following criteria: (i) it is located on the same
building site as a principal building containing a dwelling used for single-family(detached)use; and (ii) it includes
no more than six hundred square feet of gross floor area.
Adjacent side yard building site or lot means a building site that abuts another through a shared side
property line.
West University Place,Texas,Code of Ordinances Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 1 of 18
STREET
/ IJ//// a
ADJACENT SIDE YARD
I
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' BUILDING 31TE j
STREET
Illustration 2-102b
ADJACENT SIDE YARD
Administrative official.The person designated as such by the city manager.
Attic. Unfinished space immediately beneath a roof and above any story below. In this definition,
"unfinished" means that the space has none of the following: (i)air conditioning or heating for the space,(ii)wiring
or cabling in excess of the minimum needed for maintenance of the structure or mechanical equipment,or(iii)
sheetrock, paneling or similar wall or ceiling materials.
Auto-intensive 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-through"or"drive-in"
establishments.
Balcony.A platform enclosed by a wall or balustrade on the outside of a building above the first floor,with
access from an upper-floor door.
Bar.Any commercial unit within which either: (i)50 percent or more of the gross floor area is devoted
primarily to the preparation or sale of alcoholic beverages for consumption on the premises; or(ii)the sale of
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 2 of 18
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.
Bufferyard,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"Yards"table in Article 7A,Article 7B,and Article 7C.
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"detached."
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"new" building site is any other building site.
C District.The Commercial District.
Certified sound emission level.This level is measured in bells 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 Administrative official. See Tables 7A-&7,7B-7,7C-7.
City.The City of West University Place,Texas.
City Council.The governing body of the City of West University Place,Texas.
Commercial(C)District. Includes all C and all portions of a planned development district(PDD)designated
primarily for commercial uses.
Commercial unit.A building or part of a building occupied or capable of being occupied as a separate
business or commercial establishment.
Commercial uses, light.Any commercial district use except an auto-intensive use or one of the other medium
commercial uses. Examples include, but are not limited to: light office uses for ordinary business or professional
activities,stores for the sale at retail of goods or services use(including grocery stores,convenience stores, and
shopping centers), restaurant use, bank and financial services use.
Commercial uses, medium.Any commercial district use composed of one or more of the following uses: auto-
intensive use, night assembly use,theater use, bar use, club use, physical fitness facilities or health care facilities
use.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.
Common-use area.This term includes areas within street areas, easements(other than local-service
easements)and other similar common-use areas.A"local-service easement" 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.
Comprehensive plan.The document adopted by the City Council by Ordinance No. 1641, passed finally on
May 8, 2000,as the document is amended,from time to time.
Consanguinity or affinity.These terms are interpreted in accordance with State anti-nepotism laws.
Corner building site or lot means a building site abutting two streets intersecting at an angle of not more than
135 degrees. If the angle of intersection is more than 135 degrees,the building site is an "interior lot".
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 3 of 18
Curb cut means a break in a curb intended to provide driveway access to a roadway. If there is no curb,the
joint or line separating the roadway from the driveway is deemed to be a "curb cut".
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 compliance with the minimum dimensions of a building site(only),the building
official may accept the nominal dimensions of a building site as shown on the current recorded plat in lieu of the
actual measured dimensions,when: (i)both dimensions are obviously intended to describe the same site,and they
do not differ by more than six inches,or(ii)the ZBA has issued a special exception, based upon a finding that both
dimensions are intended to describe the same site and are approximately the same.
Detached.Two structures are detached if there is no physical connection between them above the ground.
Exception:an accessory building attached to another building only by a covered walkway or"breezeway"open to
the outdoors on the sides is deemed to be detached.
Disability is determined in accordance with the Fair Housing Act,42 USC§3601 et.seq.
Driveway.A driveway is an outdoor area designated or improved to provide a path or route for motor
vehicles.
Dwelling unit(or"DU").A building,a single room or a group of rooms capable of being occupied and which
have all of the following: (i)direct access from outside of the building or through a common hall; (ii)a kitchen area
including a sink, a refrigerator and cooking equipment;and (iii)a full bathroom including a sink,a commode and
either a bathtub or a shower.
Enclosed. Enclosed,when referring to porch space or building space, means that 51%or more of the
perimeter of the space is enclosed by wall surfaces that are less than 75%open to outside air and light. For this
purpose, ordinary insect screen are considered open to out side air and light.
Established driveway pattern.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.
Family.One person, or a group of persons meeting any of these three criteria:(i)each member of the group
is related to each of the others within four degrees of consanguinity or affinity(a "related family"); or(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.
Family-type home means a home for which a permit or special exception is in effect as provided in Article 8.
Fence-like hedge means an arrangement of vegetation or foliage having the characteristics of a fence and
growing higher than 36 inches above standard base level.
Framed area. Framed area reflects the size of a building, in square footage. It is defined and illustrated in
Schedule FA.
SCHEDULE FA
(FRAMED AREA)
(a) General rule. Framed area reflects the size of a building, in square footage. Framed area includes all floor and
ground areas under a solid,fixed roof,except the uncounted areas listed in this Schedule. Floor and ground
areas are measured,on each level, according to the measurement method set out below. For each building,
the measured areas for each level are totaled to produce the framed area of the building.
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 4 of 18
(b) Measurement method. For each level of a building,the framed area is the area of an imaginary,horizontal,
unbroken plane immediately atop the structure supporting the floor(or immediately atop the ground,where
there is no floor). Each plan extends horizontally to the outer main wall surfaces of the building,or to the
outer perimeter of the structure above(whichever is outermost). For this purpose:
1. Steps, landings,sunken areas,floor openings and similar features are not considered separate levels,
so there is no plane on those levels;
2. Each plane extends to the outer wall surfaces of bay windows,cantilevered space and similar space on
the same floor, regardless of the height of the floor;
3. If there is a "split level" or similar irregular floor level,the building official may designate either one
level to define the imaginary plane for that floor, or separate planes for the separate levels;and
4. If area (all or part)within a one-story building has an interior height exceeding 19 feet,the area is
doubled to calculate framed area (and if it has a interior height exceeding 31 feet,the area is tripled).
(c) Uncounted areas.The following areas are not counted as framed area:
1. Attic area that cannot be reached through a fixed accessway;
2. Attic area where there is a interior height less than seven feet;
3. Those non-attic parts of an imaginary plane on a second or third-floor level, above which there is less
than seven feet of interior height;
4. Area beneath eaves, cornices, roof extensions, "greenhouse"or bay windows,cantilevered space and
similar parts of building that project outward from the main wall of a building no more than 24 inches,
if the area is on a lower floor level (or at ground level)and is otherwise completely open to the
outdoors;
5. Unenclosed porch area of a principal building, if the longest side of the porch directly faces the front
street line or side street line of the building site,and the area is neither designed nor usable for motor
vehicles;
6. The area of"crawl space" at ground level;
7. Unenclosed walkway or"breezeway"area if: (A)the area directly connects a principal building to an
accessory building containing garage space located behind the principal building;(B)the total covered
width of the area does not exceed eight feet;and(C) no part of the roof is higher than 14 feet;
8. Area of recessed entries(garage or home)or windows that is completely open to the outdoors on at
least one side,if:(A)each area faces the front street line or side street line of the building site, (B)each
area is not larger than 100 square feet,and (C)the total of all such uncounted recessed area is less
than 200 square feet;and
9. Basement area if: (A)the floor is at least five feet lower than the standard base level of the site, and (B)
the interior height does not exceed eight feet.
The rules for uncounted areas shall be strictly construed and applied to the defined areas only.
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 5 of 18
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Front right-of-way area. For a given building site,the area within a street area which directly abuts the
building site.
Front setback line.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
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 6 of 18
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 floor area.
Height. Height is measured vertically from the standard base level of a site.The height of a structure is the
vertical distance to its highest point.
Height, interior.The vertical clearance between the main structural elements supporting a floor(e.g.,floor
joists) and the main overhead structural elements(e.g., roof rafters,ceiling joists).Where there is no floor,the
interior height is measured from the imaginary plane used to measure framed area).
High-density occupancy means the use of a building or structure,or a portion thereof,for any of the types of
gatherings described in Subsection A-1,A-2,A-3,A-4 or A-5, §303,International Building Code, 2006 Ed.,
International Code Council, Inc., but only if the gathering exceeds any of the following parameters: (i)at least 100
people four times or more during any 12-month period, (ii)at least 50 people eight times or more in any 12-month
period,or(iii)at least 25 people 16 times or more in any 12-month period.
The requirement for a special exception for a high-density occupancy is deemed to be satisfied if, before the
effective date of this Ordinance,the ZBA issued a special exception for a use that,at that time, included
substantially the same high-density occupancy.
Home occupation.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.
(3) It does not involve any significant storage of goods or fixtures.
(4) It does not require any specialized building or structure,or any modification of a building or structure.
(5) It does not involve the transmission of sound or electronic impulses other than by means of utility
services.
(6) It does not cause any significant increase in traffic or on-street parking.
(7) 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.
Incidental sale.A business activity(such as an occasional sale of used property,a "garage sale" or a "bake sale")
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 178 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.
Interior building site or lot means a building site abutting only one street or abutting two streets which
intersect at an angle greater than 135 degrees.
Licensed day care center.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.
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(Supp.No.43)
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Line,front street.The common boundary of a building site and a street area. For corner sites(and any other sites
touching two or more street areas),the front street line is determined by the administrative official according to
the following criteria, listed in order of precedence:
(1) A special designation of the front street line made by the ZBA(see,e.g.Article 8),or by an approved
QMDS plat or PDD site plan (if any).
(2) A clear indication of the appropriate front street line, based upon:
(i) Subdivision platting pattern;
(ii) Traffic and access pattern;
(iii) Property size and shape;
(iv) Orientation of existing and historic development;
(v) Probable future development;and
(vi) Compatibility with nearby sites and their uses.
For this purpose,the administrative official shall take into account any special yard depths applicable
to a "rotated corner building site" (see Table 7A-2).
(3) For sites with SFR use(including undeveloped property in an SFR district or in the GR-1 or GR-2
District):
(i) If one street line is substantially shorter than all others, it is the front street line;
(ii) Otherwise,the front street line is the line that is most compatible with nearby sites and their
uses.
(4) For sites without SFR use bordering a major thoroughfare:
(i) The front street line would ordinarily be the common boundary with the major thoroughfare;
(ii) If all boundary streets are major thoroughfares,the front street line is the common boundary
with the thoroughfare with the longest frontage;
(iii) Otherwise,the front street line is the line that is most compatible with nearby sites and their
uses.
(5) For other sites without SFR use:
(i) If one street line is substantially longer than the others, it is the front street line;
(ii) Otherwise,the front street line is the line that is most compatible with nearby sites and their
uses.
Line, rear property.The boundary of a building site most nearly opposite the front street line.The
administrative official shall designate the rear property line of irregularly shaped building sites,and the line so
designated need not be straight.
Line,side property(or"SPL"). Each boundary of a building site,except the front street line,the rear property
line and any side street lines.
Line,side street. Each common boundary between a building site and a street area,except the front street
line.
Living 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.
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Page 8 of 18
Low-impact motor court(or"LIMC")is a vehicle parking and maneuvering area in a QMDS that meets all these
criteria:
(1) One Curb Cut.Only one curb cut per 50 feet of frontage, maximum 12 feet wide(measured at the
narrow point of the apron).
(2) On-Street Spaces. In GR-1 or GR-2, must leave at least two 18-foot curb spaces per 50 feet of frontage.
(3) Landscaped Buffer 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 Pavement. Must be used throughout.
Note(s)—Where an LIMC is allowed, internal access garages are not required;see definition of QMDS.
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 building site who
is different from another person (or group of persons)to whom the same service is provided on the same building
site.
1987 effective date.October 24, 1987,which was the effective date of the 1987 comprehensive revision.
Night assembly use means a use of a building or structure,or a portion thereof,which meets all three of
these criteria:(i) it is nonresidential,(ii)it is operated between midnight and 6:00 a.m.four times or more in any
12-month period,and (iii) it involves the gathering of at least 25 people four times or more in any 12-month
period.
Non-residential use.Any use other than a residential use.
Occupancy.The use or intended use of a particular area of land or a particular building or structure,or
portion thereof, by proprietors or tenants.
Office use, light, means offices for conducting real estate, insurance and other similar businesses and the
offices of the architectural,clerical,engineering, legal,dental, medical and other established and recognized
professions, in which only such personnel are employed as are customarily required for the practice of such
business or profession.
Old stock housing.One or more buildings on a SFD site meeting all the following criteria,at any given time: (i)
the principal building was built before 1980,and(H)the gross floor area of all buildings on the site(at any given
time)does not exceed the greater of 3,400 square feet or 200 percent of the gross floor area of all the buildings on
the site when the principal building was built.
Open area.Area unoccupied by any structure and open and unobstructed to the sky,except by natural plants
or trees,and except for projections specifically permitted by the Projections Schedule,to the extent therein
provided.
Park,playground or community center(public).A park, playground or community center owned or operated
by a governmental entity having the power of eminent domain.
Parking area.An outdoor area designated or improved to store motor vehicles.The term includes parking
"pads."
PDD.A planned development district. (See Articles 3 and 9).
Person.A natural person, partnership,corporation,sole proprietorship,representative,governmental entity,
unincorporated business association or any other entity.
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Page 9 of 18
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 pavement 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 filled with pervious materials.
Pervious pavement must have a pervious base.
Place of worship.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 including non-worship spaces such as residences, dormitories,schools,child care
facilities or physical fitness facilities.
PNC.A prior nonconformity.See Article 12.
Porch.A roofed structure,open at the sides to extent required l Tables 7A-67,7B-7,7C-7, note 1.2,
projecting from the face of a principal building and used to protect the entrance of the structure.
Principal building.The building on a building site housing the principal use.
PWSF or"Personal wireless service facility."A facility for the provision of personal wireless services as
defined by the Telecommunications Act of 1996.See 47 U.S.C. §332.
PWSF Use.A use that includes one or more PWSFs.
Qualified Medium Density Subdivision(or"QMDS") 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-1,GR-2, PDD-TH1, PDD-
TH2, PDD-TH4, PDD-TH5 or PDD-TH7.
(2) Internal 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 low-impact motor court instead of
internal-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, Parking, Environmental Issues.Vehicular access,driveways, maneuvering areas,streets and
alleys(public or private),easements,curb cuts, parking spaces, building lines, open areas and pervious
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,(ii)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) Maintenance, 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
homeowner'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.
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Page 10 of 18
(6) Easements. It includes any necessary easements for access to common areas or structures and for
maintenance, repair or reconstruction of non-common structures.
(7) Building Lines. 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 otherwise-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 74. 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.
Residential district includes all SF,TH and GR districts and all portions of a PDD designated primarily for
residential purposes.
Residential purposes(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 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.
Residential 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.
Residential 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.
Roadway means that portion of a street area improved,designed or ordinarily used for vehicular traffic
(excluding private driveways).
Rotated corner building site or lot means a corner building site in the SF-1 District which has been "rotated"
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 corner 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, a Part of the A.C. Reynolds Survey, Harris County,
Texas." In the SF-1 District, most rotated corner building sites will be oriented north-south, because most of the
original corner lots were oriented east-west(except for lots along University Boulevard or Cason Street).
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(Supp.No.43)
Page 11 of 18
ORIGINAL STREET
FRONT
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Illustration 2-102c
ROTATED CORNER BUILDING SITE
School. Facilities for educational and/or classroom purposes offering an academic curriculum that is generally
equivalent to public primary, middle school,or high school levels.This includes, but is not limited to,study and
tutorial centers, child care and limited child care centers,and vocation and trade programs that might be
incidental to the operation of such schools.
School(public).A school owned by a governmental entity having the power of eminent domain.
Setback.See"yard"definitions.
SF District.This term refers collectively to the SF 1 District,the SF 2 District,the SF 3 District, PDD-SF1 and
PDD-SF2 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.
Single-family(attached)use(or"SFA"). A use of a building site which meets all of the following criteria:
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Page 12 of 18
(1) Each dwelling unit 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).
Single-family(detached)use(or"SFD"). A use of a building site which meets all of the following criteria:
(1) There is no more than one dwelling unit,and one accessory quarters. Other lawful accessory uses are
permitted on the building site. (But see,Table 7A-4b).
(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 provided in the
definition of"residential purposes,"an affirmative defense is available for a home occupation and an
incidental sale).
Special exception.See Article 11 and Chapter 211 of the Texas Local Government Code.
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.
Standard base level The standard base level is the average elevation of two points:the tops of the curb where the
side lines of a 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). Exception: If sufficient data are available,the Building Official shall designate a substitute standard
base level for a site,which shall apply from and after the date of designation,as follows:
(1) The substitute standard base level is the average elevation of eight points,all at ground level on the
boundaries of the 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 spacing the remaining points as equally as practicable along the boundaries of the site.
(2) The elevations of the eight points must be established by an acceptable topological survey submitted
to the Building Official.
(3) 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
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(Supp.No.43)
Page 13 of 18
surveyed have been disturbed by filling,demolition,construction or similar activity within the five-year
period preceding the date of the survey.
SPL.See"Line,side property."
Story.The portion of a building between successive floors of such building or from the top floor to the roof.
Story, half. In the case of a two-and-one-half-story building, a third-floor level with a framed area that does
not exceed 50%of the framed area of either the first or second-floor level(whichever is smaller).
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 of time;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.A canopy or similar object designed or used to shelter a motor vehicle, a
boat or similarly-sized items is deemed to be a structure if it remains in substantially the same place for more than
ten days, regardless of whether it is readily portable,frequently moved or unattached.
Structural alteration.Any change in a supporting member of a structure,such as a bearing wall,column,
beam or girder.
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.
Swimming 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"spas"and "hot tubs."
Through building site or lot; "rear through building site"or"lot" means a building site other than a corner
building site with frontage on more than one street other than an alley.
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(Supp.No.43)
Page 14 of 18
STREET
9 I CORNER BUILDING SITE
6
ZZ
THROUGH BUILDING SITE INTERIOR BUILDING SITE
INTERIOR BUILDING SITE INTERIOR BUILDING SITE
T L -
THROUGH BUILDING SITE
CORNER BUILDING SITE CORNER BUILDING SITE
STREET
Illustration 2-102a
THROUGH BUILDING SITES
Unenclosed. Unenclosed,when referring to porch space or building space, means the space is not"enclosed"
as defined above.
Use.The term includes any use of property and any activity upon or relating to property.
Utility 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.
Variance.See Article 11 and Chapter 211 of the Texas Local Government Code.
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(Supp.No.43)
Page 15 of 18
Visibility triangle. This term includes both "driveway visibility triangle"and "street visibility triangle" as
defined in Chapter 82 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. For purposes of determining
compliance with the minimum dimensions of a building site(only),the building official may accept the nominal
width of a building site as shown on the current recorded plat in lieu of the actual measured width,when: (i)both
dimensions are obviously intended to describe the same site, and they do not differ by more than six inches,or(ii)
the ZBA has issued a special exception, based upon a finding that both dimensions are intended to describe the
same site and are approximately the same.
Yard,front.That part of a building site included in the required yard(or setback area) measured street line or
defined by a front building line. See"Yards"table in Article 7A,Article 7B,and Article 7C.
Yard, rear.That part of a building site included in the required yard (or setback area) measured from the real
property line.See"Yards"table in Article 7A,Article 7B,and Article 7C.
Yard,side.That part of a building site included in the required yard(or setback area) measured from any side
property line.See"Yards"table in Article 7A,Article 7B,and Article 7C.
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(Supp. No.43)
Page 16 of 18
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FRONT YARD-VARIES
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BUILDING SITE DEPTH OVER 110'TO 125'=25'SETBACK
BUILDING SITE DEPTH OVER 125'=30'SETBACK
SIDE YARD-VARIES
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YARDS(SETBACKS)
Youth athletic facility.A facility that provides athletic training or athletic facilities for more 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 services it offers.
ZBA.The Zoning Board of Adjustment.
Z&PC.The Zoning&Planning Commission.
Zoning District Map.The map adopted on March 12,2001 simultaneously with the comprehensive
amendment of this ordinance,as said map may be amended,from time to time.
(Ord. No. 1770,7-26-2004;Ord. No. 1819, 11-28-2005;Ord. No. 1820, 11-28-2005;Ord. No. 1798, § 1(ex.A), 5-23-
2005;Ord. No. 1799, § 1(ex.A),5-23-2005;Ord. No. 1802, § 1(ex.A),5-23-2005;Ord. No. 1872, § 1(ex.A),4-28-
2008;Ord. No. 1873, § 1(ex.A),4-28-2008;Ord. No. 1925, § 1(ex.A),8-9-2010;Ord. No. 1939,§ 1(ex.A),2-28-
2011;Ord. No. 1978,§ 1(Exh.A),5-20-2013;Ord. No. 1979,§ 1(Exh.A),5-20-2013;Ord. No. 2005, §1(Exh.A),3-9-
2015;Ord. No. 2030,§1(Att.A),2-27-2017;Ord. No.2081,§ 1(Exh.A),9-23-2019)
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 17 of 18
PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 3.ZONING DISTRICTS ESTABLISHED
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-1,the First Single-Family 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 reoriented.
(2) RCOD,the Rotated Corner Overlay District.The purpose of this overlay 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 reoriented. Formerly SF-1. SF 2,the Second Single Family District.The
purpose of this district is to provide regulations to larger building sites.
(3) OBSOD,the Old Building Site Overlay District.The purpose of this overlay district is to maintain and
protect building sites designated prior to October 24, 1987,hereinafter referred to as'old building
sites',and to provide regulations for the re-subdivision of old building sites that do not conform to the
current City building site standards of 75 feet in width, 110 feet in depth,and 8,250 square feet in area.
Formerly SF-2.SF 3,the Third Single Family District.The purpose of this District is to provide
(4) TH,the Townhouse 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-1,the First General Residential 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 Second General Residential 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 Commercial 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) TCC,the Town Center Commercial District.The purpose of this district is to accommodate limited
commercial uses within the established core of the Town Center area that will benefit the City's
residents,while protecting nearby single-family residences and neighborhoods from incompatible
activity through application of specific development standards.TCC use regulations and other
requirements apply only to principal buildings and associated accessory structures constructed after
the effective date of the TCC district. Other buildings in TCC are subject to the C,Commercial District,
regulations that applied prior to the effective date of the TCC district.
(9) PDDs, Planned Development Districts.The PDDs are illustrated on the Zoning District Map,and the
purposes of each PDD are: (i)to maintain and protect that planned development area for the uses
therein authorized and(ii)to provide for buffering of less-intensive uses.
(Ord. No.2005, §1(Exh.A),3-9-2015)
West University Place,Texas,Code of Ordinances Created: 2023-05-09 15:30:21 [EST]
(Supp. No.43)
Page 1 of 1
PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 5. BUILDING SITES
ARTICLE 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) The entire site must be contiguous and under common fee-simple ownership.
(2) The site must consist of one or more whole subdivided lots,excluding only: (i)common use areas and
(ii)areas lost because of public acquisition, adverse possession,discrepancies in boundaries or similar
cause.
(3) Common-use areas are excluded.
(4) The site may not include any area within another building site.
(5) The site must have the minimum dimensions prescribed by Table 7A-7 for Residential Uses,Table
7B-7 for Commercial Uses,and Table 7C-7 for Planned Development Districts,and this Article.
Exception: If,after the 1987 effective date,the Z&PC approves a plan,plat or replat establishing a
building site with smaller dimensions,the smaller dimensions do not violate this Ordinance. Building
Sites containing existing lots platted with smaller dimensions shall comply with the requirements of
this section.
(6) The site must have a common boundary with a street area containing a constructed roadway approved
and accepted by the city, or,in a QMDS,with a private street or other platted accessway.
(b) Certain 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.
(Ord. No. 1949, § 1(exh.A),9-26-2011;Ord. No. 2030, § 1(Att.A),2-27-2017)
Section 5-101. Designation of building site.
(a) Owner's Action.An owner or an owner's agent may designate a building site by submitting a permit
application, plat, or legal description with the required city document to the Administrative Official showing
a building site meeting the applicable criteria in effect at the time of the designation.
(b) Administrative official's Action.The administrative 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 administrative official may not combine two or more
subdivided lots into one building site unless: (i)the configuration of the existing structures requires the
combination,or(ii)the owner consents on a form designated by the Administrative Official.
(c) Approved site designation forms shall be filed in the Administrative Official's Office and in the Harris County
Real Property Records when two or more building sites are combined or divided.
Section 5-102. Division of building sites.
(a) Owner's Action.An owner or an owner's agent may designate a building site by submitting a permit
application, plat, or legal description with the required city document to the Administrative Official showing
a building site meeting the applicable criteria in effect at the time of the designation.
West University Place,Texas,Code of Ordinances Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 1 of 3
(b) Administrative official's Action.The administrative 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 administrative official may not combine two or more
subdivided lots into one building site unless: (i)the configuration of the existing structures requires the
combination,or(ii)the owner consents on a form designated by the Administrative Official.
(c) Approved site designation forms shall be filed in the Administrative Official's Office and in the Harris County
Real Property Records when two or more building sites are combined or divided.
General Rule:This table prescribes the minimum dimensions for
building sites, by District. ("DU" means "dwelling unit.")
Table 5-1. Building Site Exceptions/Special Rules: (1)See PDD Schedules for planned
Dimensions development districts. (2) See special notes in table. (3)The Z&PC
may establish different dimensions by approving a plan, plat or
replat(see Article 5).
S SF 3
OBSOD RCOD
(Old (Rotated
Item Measurement SF-4 Building TH GR-1 GR-2 C
Site Corner
Overlay Overlay
District)
District)
Old building
sites(before
October 24, Width, 50 ft. 100 ft.
1987) minimum SO ft. 75 ft. 50 ft. N/A See See 75 ft.
See Notes 1 Note 4 Note 4
and 2.
100 ft. 100 ft.
Depth, 100 ft. 105 ft. 100 ft. N/A See See 100 ft.
minimum Note 4 Note 4
2,000 5,000 40,000
Area, 5,000 7,875 5,000 sq.ft. sq.ft. sq. ft. 7,500
minimum sq. ft. sq.ft. sq. ft. per See See sq.ft.
DU Note 5 Note 5
New building
sites (on or
after October Width, 75 ft. 75 ft. 75 ft. N/A N/A N/A 50 ft.
24, 1987) minimum
See Note 3.
Depth, 110 ft. 110 ft. 110 ft. N/A N/A N/A N/A
minimum
2,000 2,000 2,000
Area, 8,250 8,250 8,250 sq. ft. 5,000
minimum sq. ft. sq.ft. sq. ft. per sq. ft. sq.ft. sq.ft.
DU per DU per DU
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Page 2 of 3
Note 1. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of 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 twenty consecutive years prior to the 1987 effective date,
under circumstances where there was no additional land used for the building site,and(ii)was created by
subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical
encroachments,or as specifically allowed by Article 5.
Note 2. 4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width
and at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the
city council or the Z&PC,(ii)has not been made smaller thereafter for any reason.
Table 5-1,cont. General Rule:This table prescribes the minimum dimensions for
building sites, by District.("DU" means"dwelling unit.")
Exceptions/Special Rules: (1) See PDD Schedules for planned
development districts. (2) See special notes in table. (3)The Z&PC
may establish different dimensions by approving a plan, plat or
replat (see Article 5).
Item Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
SF1 SF2 _TH1 T1-42 TH4 TH5 TH7 Cl
Old building Width, SO ft. N/A 50 ft.
sites (before minimum
October 24,
1987)See
Notes 1 and 2
Depth, 100 ft. N/A N/A
minimum
Area, 5,000 2,000 sq.ft. per DU 5,000
minimum sq.ft. sq.ft.
New building Width, 75 ft. N/A 50 ft.
sites(on or minimum
after October
24, 1987)
See Note 3.
Depth, 110 ft. N/A N/A
minimum
Area, 8,250 2,000 sq.ft. per DU 5,000
minimum sq. ft. sq.ft.
Note 3. Certain Re-Subdivisions After October 24,1987.A subdivided lot in a the SF 1,SF 3 or GR-1 District may be
further subdivided to produce a building site with 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,rules and
regulations are followed and one of the following three sets of circumstances is present:(A)All portions of the
subdivided lots are added to adjoining subdivided lots.(B)The number 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(ii)a
width greater than or equal to the width of the narrowest lot before the re-subdivision;provided that no resulting
lot is irregularly 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.
Note 4. Width&Depth in GR-1 and GR-2 Districts. Minimum widths and depths do not apply to single-family uses
(attached or detached).
Note 5. Area in GR-1 and GR-2 Districts. Minimum area is 2,000 sq.ft.for single-family uses(attached or detached).
(Ord. No.2030, § 1(Att.A),2-27-2017)
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(Supp.No.43)
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PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS
ARTICLE 7A. RESIDENTIAL DISTRICT-SPECIFIC REGULATIONS
Section 7-100. Purpose and applicability.
The purpose of this Article is to prescribe regulations which differ by residential and overlay district. Each
regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the
district and overlay district within which it applies.
Section 7-101. Regulations,tables, etc.
(a) In General. Every use, building site and structure must comply with the regulations set out in the following
tables:Table 74-1. Uses;Table 7A-2.Yards(or'setbacks');Table 7A-3.Open& Pervious Areas;Table 7A-4a.
Garage Space;Table 7A-4b. Buildings;Table 7A-5a. Parking, Driveways, Etc.;Table 7A-5b.Certain Structures;
Table 7A-6. Building Site Dimensions.
(b) Projections. Permissible projections into yards,and details about computation of open and pervious areas,
are set out in Table 7A-76,the"Projections Schedule."
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General Rule:Within each District:uses marked"A"are allowed as the primary use,
uses marked"SE"are allowed as the primary use to the extent authorized by special
exception,and uses marked"X"are prohibited.Exceptions/Special Rules:(1)See P.
Table 7A-1:UsesSehede;es Article 7C for rules governing planned development districts.(2)See
special rules noted in table.The ZBA is authorized to issue all special exceptions
mentioned in this Table.
SF-2 OBSOD SF-3 RCOD
Use Category Specific Use SF-1 (Old Building (Rotated TH GR-1 GR-2
Site Overlay Corner Overlay
District) District)
Residential
Single-family A See Note 1 A
(detached)
Single-family A See
(attached) X X X Note I A
Other residential X X X X A
Park,playground,
Public and or community
Semi- center(public), A See Notes 1 and 3
Public school(public),
place of worship
Private green space See Notes 1 and 2.
School(other} X X X X
Sec Note D
Utility or service A See Note 1
use.See Article 8.
PWSF use. A or SE See PWSF Schedule.See Note 1.
Commercial
Sec Article 8
regarding
Light commercial X X X X X X
oriented
businesses.
Mc iu w X X X X
commercial-
All
ommercialAll other uses X X X X X X
Note 1. High-density occupancies in SF District.High-density occupancies are allowed in SF Districts only to the extent
authorized by a special exception.The ZBA may issue such a special exception if it finds and determines that the
occupancy is a use that is(i)accessory to a lawful primary use and(ii)reasonably compatible with nearby sites and
their uses(in addition to any other findings and determinations required for a special exception).Note:A
previously-issued special exception that authorized a use with a high-density occupancy is sufficient to comply
with this note.
Note 2. Private Green Space.Vineyards,gardens,landscaping,private playgrounds and other similar uses that are
predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized
by a special exception,the only structures allowed are fences,playground equipment and landscaping structures
(e.g.,low,retaining walls,borders,etc.).The ZBA may issue a special exception to authorize other structures.The
special exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the
site plan controls over any other ordinance to the contrary.However,the site plan may not specify yards(or
"setbacks")different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary
for efficient use of the available space and(ii)compatible with nearby sites and their uses.The special exception
may allow accessory structures without a principal building.
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Page 2 of 20
Note 3. Accessory Uses and Structures. In the indicated districts,the ZBA may issue a special exception to authorize
additional uses and structures,if the ZBA finds and determines that each additional use and structure is:(i)
accessory to a lawful primary use and(ii)compatible with nearby sites and their uses.The special exception may
include a site plan identifying and limiting such uses and structures.
Note 4. Park,Playground,Etc.In the C District,a park,playground or community center may be privately or publicly
owe
Note 5. Parking Use in PDD SF2.The ZBA may issue a special exception to authorize parking of motor vehicles in
facilities(including landscaping,paving,lighting,fences or walls,signs,etc.)and curb cuts,all of which may be
conducting real estate,insurance and other similar busine fes and the offices of the architectural,clerical,
engineering,legal,dental,medical and other established and recognized profcr,cions,in which only such personnel
are employed as arc customarily required for the practice of such businc c or profession.
Note 7. Cardcn style use in PDD TH4."Garden style"single family detached use is allowed in POD TN1 if authorized by
effect for the original site plan and for amendments and replacements of that plan.Such a site plan,after approval
of this ordinance.The minimum width for interior side yards for such dwelling units is zero where there is an
existing common wall(or existing continuously abutting separate walls)along the property line,in either case with
a four hour fire rating or better.The minimum number of parking spaces is two per dwelling unit,and additional
guest parking is not required,notwithstanding other provisions of this ordinance or any special exception issued
under this ordinance.
Note 10. Uses in TCC.The only uses allowed in TCC are retail,light office use,and food service use.TCC docs not allow
intensive uses,gambling establishments,surgical or emergency clinics,or any medium commercial uses.
Note 11. Hours of operation.In the C,TCC and PDD Cl dictrie s,-hours of operation for commercial uses shall not
and other outdoor activity,shall comply with the City's noise regulations;see Chapter 51 of the Code of
Ordinances.All commercial garbage and trash collection activities shall comply with Chapter 38 of the Code of
Ordinances.
(Ord. No. 1799, § 1(ex.A), 5-23-2005;Ord. No. 2005, § 1(Exh.A),3-9-2015)
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(Supp. No.43)
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General Rule:No part of any structure may be located within a part of a building site
included within a yard defined,by District,in this table.("N/A"means the rule does not
Table 7A-2:Yards apply.)Exceptions/Special Rules:(1)Structures may be located in yards to the extent
(or'setbacks') allowed by the Projections Schedule.(2)See special rules noted in table.(3)See 11813
Schcdulc5 Article 7C for rules governing planned development districts.(4)See additional
setbacks in the PWSF Schedule.
SF 2 OBSOD &F-3 RCOD
(Old Building (Rotated
Item Measurement SF-1 Corner TH GR-1 GR-2
Site Overlay Overlay
District) District)
20 feet if the building site depth is 110 feet
or less;25 feet if the building site depth is
Front yard Distance from 10 ft. 20 ft.
more than 110 feet but not more than 125
front street line. See Note 7. See Note 7
feet;30 feet if the building site depth is
more than 125 feet.See Note 5.
Interior Distance from Greater of 10%of building site width or 5
side and side property feet.See Note 2. 5 ft.See Notes 4.1 and 4.2.See Note 7.
Y
line(each side).
Street side Distance from Greater of 10%of building site width or 5 10 ft.See Note 7.
yard side street line. feet.See Notes 2,3,6.
Distance from 20 ft.See
Rear yard rear property 20 ft.See Note 1. 5 ft.See Note 7.
Note 7.
line.
Distance from
SF
Bufferyard nearest part of N/A N/A N/A 20 ft.See Note 7.
an SF District.
Note 1.Through Lots or Building Sites or Rear Through Lots or Building Sites.If a lot or building site extends all the way
through a block so that the front and rear both abut a street area,there is no rear yard.The site is a"through"or
"rear through"lot or building site,and is considered to have two front yards,one at each street frontage.Front
yard(setbacks)shall be as provided in Table 7A-2.Exceptions:1)If the site is"flag"shaped or irregular,the"flag"
portion shall have the same setback as the adjoining building sites fronting that street;2)If a through lot abuts a
Major Thoroughfare and a local street and has a lot depth less than 160 feet,then the lot shall have a front yard
on the local street and a back yard on the Major Thoroughfare.Provided,further,there shall be no vehicular
access to the street adjacent to the back yard;3)If a through lot abuts Auden Street and a dead-end street,then
the lot shall have a front yard on Auden Street and a back yard on the dead-end street.Provided,further,there
shall be no vehicular access to the street adjacent to the back yard.
Note 2.Narrow Site"3/7"Exception.Alternate side yard areas apply to a building site meeting all four of the following
criteria:(A)The building site is less than 55 feet wide.(B)The use is single-family(detached)use.(C)Outside the
rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a"prior building"
on another building site(unless there are"prior buildings"on both sides,each within seven feet of the property
line,in which case the minimum separation from a"prior building"is eight feet).A"prior building"is a building in
existence,under construction or covered by a current building permit when a building permit is issued for the
subsequent building.(D)The owner has designated alternate side setback areas in a form approved by the
administrative official and in accordance with all of the following criteria:(1)Minimum setback,interior:3 feet.(2)
Minimum setback,street side:5 feet.(3)Minimum setbacks,both sides combined:greater of 10 feet or 20%of the
building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7A-5a
regarding"alternating driveway"rule.
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Note 3.Rotated Corners.For rotated corner building sites(SF 1 District RCOD only),the minimum side street yard width
is:(i)10 feet if the building site width is 65 feet or less,(ii)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 than 100 feet,or(iv)for building sites 100 feet wide or more,the
side street yard width is determined by the same rules as the front yard depth,except that the"depth"of the
building site is measured from the side street line.
Note 4.1.Common Walls. In the TH;and GR-2,C,and all POD TI1 districts,the ZBA may issue a special exception for a
zero-width side yard,but only upon application by both property owners and only if the special exception is
conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls(in
either case with a four-hour fire rating or better)along the property line.See,also,Note 7,below,for QMDS.
Note 4.2.Common Walls in New Townhouse Construction. In all PDD-TH districts,where new townhouses are
concurrently constructed on two or more abutting building sites along a block face,zero-width side yards are
allowed by right wherever a common wall or continuously abutting separate walls will be constructed and
maintained(in either case with a four-hour fire rating or better)along the property line.On each building site that
contains the end townhouse in a row of attached townhouses on abutting sites,the interior side yard
requirement,or the street side yard requirement for a corner site,shall apply along the side property line where a
common wall or continuously abutting separate walls will not be constructed.See,also,Note 7,below,for QMDS.
Note 5.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a
major thoroughfare,if the front yard prescribed is at least 10 feet deep,and if the special exception requires the
greatest practicable amount of pervious area in the front yard.
Note 6.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.
See Article 8.
Note 7. Yards In QMDS. In a QMDS,yards are only required around the perimeter of the subdivision and are designated
by the subdivision plat.See definition of QMDS.Standard projections into QMDS yards are allowed per the Projections
Schedule.In addition:
(a) Front yard(GR-1 or GR-2 Only):A principal building with an internal access garage may project as close as 10
feet to the street area if,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 dimension smaller than seven feet;(b)above the porch or court,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 cornice height does not exceed 27 feet;
(d)there are no more 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 project up to 24 inches
beyond the principal building.Steps and handrails may project up to 30 inches beyond the principal
building.
(c) Rear Yard and SF Bufferyard.Buildings up to 10 feet high(measured from finished grade to top of roof plate)
may project,but not closer than 10 feet to the property line.
Note S. Yards in PDD Cl.In PDD Cl,the yards and street lines are as follows,notwithstanding other provisions of this
ordinance:(i)The rear yard is the arca within 20 feet of the rear property line(the line farthest from Bellaire Blvd.}
north right of way line of Bellaire Blvd.Exception:The rear yard upon Lot 2,Block 35,Colonial Terrace Addition
(also known as the south 110 feet of Tract 9,Cambridge Place)is the arca within 40 feet of the rear property line
street side yard 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 line where the street area is more than 50,but less than 70,feet wide.(iii)The
the corresponding yard.
Note 9. Yards in TCC.In TCC,the front street line is designated as the common boundary of the building site and the
Fdloc Street street area.For building sites with a side street aleog-Riee-Boulevard,the side yard shall be zero feet.
may be reduced by any future reduction in the width of the utility easement along the Poor Farm Ditch.
(Ord.No.3013,§2(Exh.A),4-12-2021)
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General Rule:Every building site must have the minimum open and pervious areas shown,by
Table 7A-3:Open& District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See
PDD SchcdulcsArticle 7C for rules governing planned development districts.(2)See special
Pervious Areas rules noted in table.(3)See the Projections Schedule for details about calculating open and
pervious areas.
SF 2 OBSOD �F 3 RCOD
(Old Building (Rotated
Item Measurement SF-1 Corner TH GR-1 GR-2
Site Overlay Overlay
District) District)
Front yard,
Open area minimum 60% N/A 40%
percentage.
Rear yard,
minimum
60%See Note 1 N/A N/A
percentage.
See Note 65.
Entire
building
site, 45% 25% 25%
minimum
percentage.
Front yard,
Pervious minimum 50%.See Note-76. 50%See 50%See Note 2.
area Note 2.
percentage.
Entire
building
site, 35% 15% 15%
minimum
percentage.
Landscaping
Required,except for SFD uses on building sites with 5,000 sq.ft.or more.See Notes 3 and 5.
strips
For SFD uses on building sites with 5,000 sq.ft.or more,Chapter 82 of the Code of Ordinance
Qualified must be located within a contiguous and reasonably compact pervious area containing at
trees least 25 sq.ft.However,additional or better pervious area may be required to comply with
Chapter 82.
Pervious In a QMDS only,pervious pavement is allowed to be used for all vehicular areas,and part of it
pavement may count as pervious area.See Note 4.
Each parking area containing 21 or more parking spaces must contain interior pervious areas
Parking areas, in"island"or"peninsula"configurations aggregating in area at least two square feet for each
interior
parking space.
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Note 1.Rear Yard Adjacent to Non-SF.The ZBA may issue a special exception to reduce the requirement for open area in
a rear yard in a SF District to not less than 40%,if the rear yard abuts a non-SF District.
Note 2.Pervious Area in QMDS.Front yard minimum pervious area requirement in a QMDS is 40%.,or 30%for a front
yard in a QMDS"low-impact motor court."
Note 3.Landscaping Strips.Vegetated pervious areas required as follows:(a)minimum five feet wide adjacent to each
street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to
separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not
required along alleys or where they must be crossed by sidewalks or driveways.Strips along street areas must have
live,evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of
Ordinances(maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or
trees,upon a showing that(i)the spacing is allowed by standard urban forestry criteria for the particular species
and location and(ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a
landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular
landscaping will,in all probability,be allowed to remain intact for at least 50 years and that it can be maintained
and will function as well as a strip located completely on private property.
Note 4.Pervious Pavement. In a QMDS,the area of the holes or gaps(if actually pervious)counts toward pervious area
requirements(but no more than 30%out of any area with pervious pavement may count).
Note 5. Visual Buffer Zone.In TCC,along the east edge of each property a landscaped buffer zone shall be established
planted in the buffer zone shall not interfere with overhead utility lines.
Note 56.Old Stock Housing.The ZBA may issue a special exception to reduce the open area requirement in the rear yard,
if the ZBA determines:(i)the reduction is reasonably necessary to preserve or protect old stock housing as it then
exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the
site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on
the site when the principal building was built,before 1980);and(ii)there will be no substantial adverse impact
upon nearby properties.
Note 67.All pervious areas in a front yard must be natural vegetation or landscape areas that receive rainwater and allow
it to pass through or be absorbed.
(Ord. No. 1798, § 1(ex.A),5-23-2005;Ord. No. 1800, § 1(ex.A), 5-23-2005; Ord. No. 1872, §1(ex.A),4-28-2008;
Ord. No. 2005, §1(Exh.A),3-9-2015;Ord. No.3014,§2(Exh.A),4-12-2021)
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(Supp.No.43)
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General Rule:Every building site,garage space and related structure must
conform to the applicable regulations shown,by District,in this table.("N/A"
Table 7A-4a:Garage Space Areas means the rule does not apply.)Exceptions/Special Rules:(1)See special rules
noted in table.(2)See Article 9 regarding Planned Development Districts.(3)See
Note 1 regarding special exceptions.
SF-3 OBSOD 81--3 RCOD
(Old (Rotated
Item Regulation SF4 Building Site Corner TH GR-1 GR-2
Overlay Overlay
District) District)
Minimum 2.0 per DU(1.0 per DU for
old stock housing);each must be
Garage space, Garage parking spaces. enclosed or semi-enclosed and adjoin a Minimum 2.0 per DU;each must be
in general See Article 10 driveway.Maximum 1.0 per 2,225 enclosed.
square feet of building site area,not to
exceed 4.0.
Minimum garage
Ten feet wide,20 feet deep(for each 12 ft.wide,25 ft.deep(for each
parking space
required garage parking space). required garage parking space).
dimensions
Garage door Maneuvering area See Article 10
or openings
Prohibited unless:(i)the garage door is
set back ten feet or more from the
front yard,and(ii)there is only open
area above the driveway for at least
seven feet inward from the front yard,
Door or opening facing (May affect eligibility as QMDS.See
and(iii)any structure above the
front street line. definitions in Article 2.)
driveway(and within ten feet of the
front yard)must be cantilevered or
suspended from the building(no special
posts or vertical supports being
allowed).
Prohibited unless:(i)the garage door is
set back ten feet or more from the side
street line,and(ii)there is only open
area above the driveway for at least
seven feet inward from the side street
Door or opening facing (May affect eligibility as QMDS.See
side street line line,and(iii)any structure above the definitions in Article 2.)
driveway(and within ten feet of the
side street line)must be cantilevered or
suspended from the building(no special
posts or vertical supports being
allowed).
Garage Limit on non-garage Max.600 sq.ft.GFA in any accessory
accessory N/A
space building containing garage space.
buildings
Note 1.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway in another
location or with a different design than prescribed by this table,if it finds that:(i)the other location or design will
not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and
similar needs;(ii)the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the
remodeling of a principal building,the location requested is the same location as an existing parking area,garage
or driveway;or(iv)the location or design requested is necessary for safety considerations.
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(Supp.No.43)
Page 8 of 20
General Rule:Every structure must conform to the applicable regulations shown,by
Table 7A-4b:Buildings District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)
See special rules noted in table.(2)See Article 9 regarding Planned Development Districts.
SF-a OBSOD S 3 RCOD
(Rotated
Item Regulation SF-1 (Old Building Corner TH GR-1 GR-2
Site Overlay Overlay
District)
District)
Dwelling Maximum 17.5 per
units
number per One,plus one accessory quarters(AQ) acre.See Two 24 per acre.
building site Note 97
Framed area,
Maximum
area as a
all buildings percentage 80% 100%See Note 43.
on a building
site of building
site area
Length or Maximum
width,any horizontal N/A 130 feet.See Note 32.
building dimension
Exterior Must be of equal grade and quality,all
materials, Type N/A sides.See Section 8-104
any building.
A four-hour fire wall,or its equivalent,must
Separation of Fire-rated
DUs wall N/A separate adjoining dwelling units.See Notes
32 and 54.
SF privacy
protection
See Note G. N/A Applies.
Accessory Maximum
buildings number per Three N/A
See Article 10 building site
regarding
garage Height, 25 ft.
space. maximum
Stories, Two and one-half. Three. See Note 65.
maximum —
Principal Height,
buildings 35 feet;25 feet in rear yard.See Note 1,and Note 448.
maximum
See Article 10 Minimum 1,200 sq.ft.,
regarding 1,400 square feet,if used for residential
gross floor each 750 sq.ft,each DU
garage area purposes DU.
space.
Width, N/A 16 ft.,each N/A But see QMDS Schedule
minimum DU.
Height and
��
�,so*
roof-tela Sec Note 11 N{A
mechanical
equipment
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(Supp. No.43)
Page 9 of 20
Note 1.Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district
may project up to four feet above the roof.The maximum height of chimneys attached to a principal building is
the greater of 35 feet or four feet above the roof.
Note 2.Height In C District.In the C District,no part of any structure(except fence)may be higher than the horizontal
distance from that part to the nearest part of an SF District.
Note 32.Building Detail, TH,PDD-TH and GR Districts.To separate buildings,there must be open area at least five feet
wide maintained so that firefighters with hoses could pass through.
Note 43.Framed Area In QMDS.Allowed square footage for a given building site is calculated by multiplying the
allowable percentage by(a)the building site's area plus(b)an allocated part of any common use areas in the same
QMDS(e.g.,access easements,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 same QMDS.
Note 34.Building Code.Separation requirements are in addition to other requirements of building codes and other
ordinances.See Code of Ordinances.
Note 65.Height in GR-1,GR-2. Principal buildings in GR-1 or GR-2 Districts may be three stories high,but subject to the
lower height limits prescribed for projecting spaces.See Table 7A-2,Note 7.
Note 7.Certain Projecting Buildings.Special height rules apply-to buildings prejecting into yards.See Tables 7 2 and 7 6.
Note 86.SF privacy protection.On a building site where this applies,there may not be a direct sight line from any"third-
floor viewpoint"to any point in an"SF privacy zone."A"third-floor viewpoint"is any viewpoint on a"third-floor
area"at eye level(six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor
is 18 feet or higher.The"SF privacy zone"includes every point:(i)within 100 feet of the third floor viewpoint in
question,(ii)on a building site in an SF District,and(iii)below 20 feet in height.See Figure SFP.
Note 37.Calculation of DU's Per Acre.In a QMDS only,the total number of DU's is divided by the total acreage of the
QMDS to calculate the number of DU's per acre.
epace in another dwelling unit.(iv)Neither windows e-living space nor balconies may be closer than 20 feet to any
Note 11.Rooftop Mechanical Equipment.In the C,TCC aed-PDD Cl districts,any rooftop mechanical equipment,whether
fully screened from off site and street arca views-through desigaand materials consistent with the overall design
elements that conceal flat roof areas where ^
ml equ+pment is mounted,provided that all such building
buildings shall be located in the front 694oet of the building site and shall be limited to 2 stories and 35 feet in
height,including any rooftop mechanical equipment.(+i)-Accessor-y structures shall be located in the rear 70 feet of
the building site and shall be limited to 3-5-feet in-height,ineldding any rooftop mechanical equipment.(iii)Any
rooftop mechanical equipment,whether iaew er replacement,shall be fully screened from off site and street arc*
the maximum building height limit.
Note 13.Street Level Orientation in TCC.In TCC,the first floor of ala-buildings shall be at grade level.Elevated structures
Note 3.48.Height of Flood Loss Structures.The roof height of existing flood loss structures that are being raised to meet
floodplain regulations may exceed the existing roof height by an amount equal to the distance the structure is
elevated.In no case may the maximum roof height exceed 39 feet and 27 feet in the rear yard setback.
(Ord. No. 2075, § 1(Att.A),6-10-2019 )
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(Supp.No.43)
Page 10 of 20
General Rule:Every building site,vehicular area and related structure must conform to
Table 7A-5a: the applicable regulations shown,by District,in this table.("N/A"means the rule does
Parking,driveways,etc. not apply.)Exceptions/Special Rules:(1)See special rules noted in table.(3)See Article
9 regarding Planned Development Districts.(3)See Note 7 regarding special
exceptions.(4)See Article 10.
SF 3 RCOD
SF 2 OBSOD (Rotated
Item Regulation SF-1 (Old Building Corner TH GR-1 GR-2
Site Overlay
District) Overlay
District)
Off-street
parking spaces
and parking Number, Depends on land use,layout,etc.See this Table,Table 7A-4a,and Article 10(including
areas location,size, maneuvering areas,design requirements, "same site"rule,yards,street areas,loading
Other
regulations design spaces,etc.).
apply;see,e.g.
Article 10
Maneuvering See Article 10
areas
Grouping or Not allowed,except in a QMDS platted parking reserve serving two or more DU's.But
sharing. see Note 2.
Use of parking Parking spaces for non-SFD uses may only be used for motor vehicle parking.See Note
areas 3.
Minimum 20 ft,via public or private street,to each principal building and each DU(or to an
Emergency width.See adjacent open area accessible to firefighters and equipment).Other regulations also
accessway Note 1. apply,, ,fire code.
g
Minimum For SFD use:nine ft.
width.See For non-SFD residential use:10 feet,or 17 feet if two-way and serving three or more
Note 1. DU's.
Maximum For SFD use:(i)Driveway serving any single-bay garage:12 feet.(ii)Driveway in a front
width(in front yard serving rear garage or side-facing garage:12 feet.(iii)Driveway in side street area
yard or street of a corner site serving a side-facing garage with three or more bays:30 feet;(iv)Any
Driveways and other driveway:20 feet.For other residential uses:24 ft.(or 35 feet if connecting to a
area)
private streets See Note 1. major thoroughfare).For all other uses:30 feet(or 35 feet if connecting to a major
Other thoroughfare).
regulations
apply;see,e.g. For non-SFD uses:160 feet,driving distance to the nearest street area,measured
Article 10 Maximum along centerline from farthest end point.A longer driveway is allowed if there is an
length approved turnaround or second means of egress,or if the drive-way is platted as part
of the common area in a QMDS.
Route,location See Note 6. N/A
Spacing For non-SFD uses:There must be at least 40 feet between the"inside"apron edges(at
their narrowest points)of driveways serving the same building site.
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(Supp.No.43)
Page 11 of 20
For SFD use:Hard-surfaced or pervious pavement required for each required driveway
Required type and parking space;twin"ribbons"of pavement are permitted.For all other uses:
Pavement Reinforced concrete,with curbs and drains required for all vehicular areas.Exceptions:
See Note 4.
(i)See Table 7A-3(pervious pavement)and Note 4,below.(ii)See Article 10 regarding
"overhang."
Markings;wheel Required type For non-SFD uses:Parking spaces must be clearly marked on the pavement,and wheel
stops. stops are required.See Note 428.
Curb cuts For SFD use:Maximum one per designated building site abutting the street.For non-
Other Number
regulations SFD uses:Maximum one per 50-ft.segment of street line.See Note 5.
apply;
see,e.g.Article
10 and Max.width per Four feet(for aprons)plus the maximum driveway width allowed.Each curb cut must
Chapter 70 of 50-ft.segment be confined to the part of the street area that directly abuts the building site(s)
the Code of of street line served.See Note 1.
Ordinances.
Visibility Forbidden The following are forbidden on parts of a building site within a visibility triangle:
triangles structures, structures,plants or other things taller than 2.0 ft.or shorter than 8.0 ft.This does not
See definitions plants and require removal of trees in existence on July 1,1992,if kept pruned.
in Article 2 other things
Note 1. Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for
non-SFD use,pavement.Maximum driveway width refers to maximum width of pavement in a front yard or street
area,excluding complying curb cut aprons.Maximum curb cut width refers to the width of the driveway plus
aprons,measured at the edge of the roadway.
Note 2.Grouped or shared parking.Article 10 also provides for a special exception,in certain circumstances.
Note 3.Parking exclusivity(non-SFD uses).Required parking spaces must be kept open,readily accessible and used for
parking only,with no sales,dead storage,display,repair work,dismantling or servicing of any kind.Required guest
parking spaces must be kept open and reserved for that use only.
Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement
designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement
related to water runoff.
Note 5.Curb cuts.The ZBA may issue a special exception for additional curb cuts.Exception:The Administrative Official
may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts
for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances.These additional curb cuts are
not prohibited and do not require a special exception.
Note 6.Route;Alternating Driveways.Each driveway must connect garage space to the street by the most direct route.
On narrow sites where alternate side yard areas apply(see"Yards"table),the following special restrictions also
apply:(A)there must be a driveway located as nearly as practicable to one side of the site;(B)the side is
determined in accordance with the established driveway pattern for the block face in question,if there is such a
pattern;and(C)if there is no such pattern,and if there is an adjacent driveway on one adjoining building site but
not the other,the driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this
paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City,and(ii)
a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid
destroying or seriously injuring a tree.
Note 7.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway(or other
maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that:
(i)the other location or design will not unreasonably interfere with available light and air and will not significantly
alter access for fire-fighting and similar needs;(ii)the other location or design will prevent the destruction of a
qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location
as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety
considerations.
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(Supp. No.43)
Page 12 of 20
Note S.Curb Cuts in PDD TH1.(i)If a building site abuts both Bellaire Boulevard and another street,then all vehicular
access shall be from the other street,and no more than two curb cuts shall be allowed.However,in the case of the
development of Lots 6,7,8,9 and the east ten feet of Lot 10,Block 1,Kent Place Addition,if Lot 6 is included in
cut on Mercer Street.(ii)If a building site abuts only Bellaire Boulevard,vehicular access shall be limited to two
curb cuts.
more than two curb cuts on Academy are permitted.(ii)If a building site abuts only Bissonnet,there may be no
more than two curb cuts.
terminus is provided with dimensions adequate for turning.
Note 11.Curb Cuts in PDD TI-12.(i)If a building site abuts both Kirby Drive and another street,there may be one curb cut
on Kirby Drive and on each other abutting street.(ii)If a wilding site abuts only Kirby Drive,vehicular accts shall
Note 448.Curbs as Wheel Stops.Curbs may be used as wheel stops.Area outside a curb-wheel stop counts toward
minimum parking space dimensions if actually usable as"overhang"and not needed for maneuvering area.
(Ord. No. 1925,§ 1(ex.A),8-9-2010;Ord. No. 1977, § 1(Exh.A), 5-20-2013; Ord. No. 2005, § 1(Exh.A),3-9-2015;
Ord. No.2030, §1(Att.A), 2-27-2017;Ord. No. 3014, §2(Exh.A),4-12-2021)
Created: 2023-05-09 15:30:21 [EST]
(Supp. No.43)
Page 13 of 20
Table 7A-5b:Certain General Rule:Every structure must conform to the applicable regulations shown,by
Structures District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)
See special rules noted in table.(3)See Article 9 regarding Planned Development Districts.
4 OBSOD Sf-3 RCOD
(Old Building (Rotated,
Item Regulation SFS Corner TH GR-1 GR-2
Site Overlay Overlay
District) District)
Maximum
Swimming
pools number per One.See Note 1. See Note 2. N/A
building site
Maximum
number per One(may only be a private tennis court).
Tennis courts
building See Note 1.
site
All structures
See Note 43 Height,
See,also, maximum 25 feet.But see"Buildings"table for certain building height limits.
Article 8
Note 1. Tennis Courts.,Swimming Pools in SF Districts.Each tennis court in a SF District must:(i)be a private accessory
structure for a single building site,(ii)be used for residential purposes only,(iii)be open to the sky,but enclosed
and screened to a height of at least eight feet on all sides,and(iv)never be lighted for play. Each swimming pool in
an SF District must be a private accessory structure for a single building site and used for residential purposes only.
Note 2. Swimming Pools, Tennis Courts in TH Districts.The ZBA may issue a special exception for a tennis court or a
swimming pool if the ZBA finds that the proposed facility will not create a drainage or noise problem and will not
cause a significant increase in traffic on nearby streets.Tennis courts and swimming pools must comply with the
tennis court and swimming pool regulations in the SF Districts,but may serve commonly-platted or restricted sites.
See Note 1.
Note 3. Height in C District.In the C District,no part of any structurc(except a fence)may be higher than the horizontal
distance from that part to the nearest part of an SF District.
Note 43. Utility Poles.An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high,if the
administrative official certifies that the additional height is necessary to separate wires of different voltages and
capacities from each other and from the ground,applying standard technical codes and utility safety guidelines.
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(Supp.No.43)
Page 14 of 20
General Rule:This table prescribes the minimum dimensions for building sites,by
Table 7A-6:Building Site District.("DU"means"dwelling unit.")Exceptions/Special Rules:(1)See PDD
Schedules for planned development districts.(2)See special notes in table.(3)The
Dimensions
Z&PC may establish different dimensions by approving a plan,plat or replat(see
Article 5).
OBSOD RCOD
(Old (Rotated
Building
Item Measurement SF Corner TH GR-1 GR-2
Site Overlay
Overlay
District)
District)
Old building sites
(before October Width, 50 ft. 100 ft.
50 ft. 75 ft. 50 ft. N/A
24,1987)See minimum See Note 4 See Note 4
Notes 1 and 2.
Depth, 100 ft. 105 ft. 100 ft. N/A 100 ft. 100 ft.
minimum See Note 4 See Note 4
A 5,000 7,875 5,000 2.000 5,000 40,000 sq.
minimum sg•ft• sg•ft• sq.ft. sq.ft. sq.ft. ft.See Note
per DU See Note 5 5
New building sites
(on or after Width, 75 ft. 75 ft. 75 ft. N/A N/A N/A
October 24,1987) minimum
See Note 3.
Depth, 110 ft. 110 ft. 110 ft. N/A N/A N/A
minimum
A 8,250 8,250 8,250
2,000 2,000 2,000
minimum sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sg•ft•
per DU per DU per DU
Note 1. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of 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 twenty consecutive years prior to the 1987 effective date,
under circumstances where there was no additional land used for the building site,and(ii)was created by
subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical
encroachments,or as specifically allowed by Article 5.
Note 2. 4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width
and at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the
city council or the Z&PC,(ii)has not been made smaller thereafter for any reason.
Note 3. Certain Re-Subdivisions After October 24,1987.A subdivided lot in a SF or GR-1 District may be further
subdivided to produce a building site with 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,rules and regulations are
followed and one of the following three sets of circumstances is present:(A)All portions of the subdivided lots are
added to adjoining subdivided lots.(B)The number 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(ii)a width greater than or
equal to the width of the narrowest lot before the re-subdivision;provided that no resulting lot is irregularly 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.
Note 4. Width&Depth in GR-1 and GR-2 Districts.Minimum widths and depths do not apply to single-family uses
(attached or detached).
Note 5. Area in GR-1 and GR-2 Districts.Minimum area is 2,000 sq.ft.for single-family uses(attached or detached).
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 15 of 20
Table 7 6. Projections Schedule
General Rule:This schedule describes certain structures which are allowed to
Table 7A-7.Projections Schedule "project"into yards(or setbacks).It also provides special rules for calculating
open and pervious areas affected by such structures.See the"Yards(or
'setbacks')"and the"Open&Pervious Areas"tables.
Special Rules For
Type of Structure Maximum Allowed Projection(In Inches),Measured from Calculating Open
The Inside Edge of The Yard
&Pervious Areas
Front Yard Rear Yard Side Yard SF Bufferyard
Items above ground
level:Eaves,
cornices,roof 24"except
extensions, that no
"greenhouse"and item below
bay windows(no the eave
15"See 15"See The area does
floor space),window 15"See Notes 1.1 may be Notes 1.1 not count as
sills,cantilevered Note 1.1. closer than
building space, and 13 36"to the and 13. open area.
window boxes,belt SPL.See
courses,window air Notes 1.1
conditioners and and 13.
similar parts of
buildings.
12"except
Items at and above that no
ground level: item below
Chimneys/fireplaces the eaveThe area does
Buildings and 15"See 15"See
(with cross-sectional may be not count as
Attached areas of 8 square 15" Notes 1.1 closer than Notes 1.1 either open or
Structuresand 13. and 13.
feet or less) 36"to the pervious area.
and similar parts of SPL.See
buildings. Notes 1.1
and 13.
The area does
not count as
Porches/platforms/d either open or
ecks higher than 14 0,but see pervious area.
inches,and similar Note 1.2. 0 See Notes 0 See Notes 0 See Notes The area beneath
structures attached See Note 1.1 and 13. 1.1 and 13. 1.1 and 13. a deck may count
1.1. as pervious area
to a building. if rain is allowed
to pass through
the deck.
The area does
Steps not higher 120"See 0 See Notes 0.See Notes 0.See Notes not count as
than the first floor Note 1.1. 1.1 and 13. 1.1 and 13. 1.1 and 13. either open or
level.
pervious area.
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(Supp. No.43)
Page 16 of 20
Items near ground
level:porches, The area counts
platforms and decks as open area.
higher than six No limit. The area beneath
120"See 0 See Note a deck may count
inches but not See Note No limit
Note 1.1. 13. as pervious area
higher than 14 1.1.
inches,and similar if rain is allowed
structures attached to pass through
to buildings the deck.
Other parts of 0,but see 0,but see 0,but see 0,but see The area does
buildings and Notes 3 and Note 3.See not count as
Note 2.See Note 5.See
structures attached 4.See Notes Notes 1.1 either open or
to buildings. Note 1.1. 1.1 and 13. Note 13. and 13.
g pervious area.
The area counts
Sidewalks,patios, as open area but
porches/platforms/d not as pervious
ecks,retaining walls, area unless the
driveways,parking material is
areas and similar No limit, completely
except that
Ground level and structures not pervious to
decks may
underground higher than six No limit No limit No limit water.The area
items inches;all not project beneath a deck
underground more than may count as
structures.See also 120 pervious area if
Table rain is allowed to
7A-3 regarding pass through the
pervious pavement. deck.See Table
7A-3.
Air conditioning
equipment,pool The area does
equipment,and 0 See Note 6. See Note 6. 0 not count as
similar freestanding either open or
Mechanical mechanical pervious area.
Equipment equipment
The area may
Utility meters and count as both
0 No limit 15" 12"
related apparatus open area and
pervious area.
No limit The area may11
generally, count as
Basketball goals 120" No limit No limit both open area I
but see
Note 7. and pervious
Certain Accessory area.
Structures
The area may 1
Playground count as
equipment
0 No limit 0 No limit both open area
and pervious
area.
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(Supp.No.43)
Page 17 of 20
The area may
count as
Flagpoles 120" 0 0 0 both open area
and pervious
area.
0,but see No limit, The area does
Fences Notes 8.1, No limit but see No limit not count as
8.2,and 12. Notes 8.1, either open or
8.2 and 11. pervious area.
The area counts
0,but see 0,but see as open area.
Swimming pools 0 Note 9 Note 9. No limit Only the water
area counts as
pervious area.
The area counts
as open
Tennis courts(with area but not
associated screens) 0 0 0 No limit pervious area
(unless the area
is made of grass).
No limit No limit No limit No limit The area may
Lights and generally, generally, generally, count as both
lampposts but see but see but see generally,but open area and
Note 10. Note 10. Note 10. see Note 10. pervious area.
The area may
count as both
Gate closers 24" No limit No limit No limit open area and
pervious area.
The area does
Signs(see Code ofnot count as
No limit 0 0 0
Ordinances) either open or
pervious area.
Note 1.1.Projections in QMDS.See QMDS Schedule.
Note 1.2.Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch
may project up to 120 inches into the front yard if it meets all of the following criteria:
(i) It is neither designed nor usable for motor vehicles;
(ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line(Example:
the maximum projecting volume on a 521A-foot wide site would be 50 cubic feet x 52.5,or 2,625 cubic feet);
(iii) The porch's outside perimeter is open and unobstructed,except for the following features:(a)Ordinary window
screens.(b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor.(c)Supporting
vertical columns,if the total width of the outer faces of the columns does not exceed either 50%of the outside
perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized porch.The width of a
column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum-sized porch"is 120
inches deep and extends from one side yard line to the other,but it is limited by the open area requirement for
the front yard.The"outside perimeter"of a porch is the portion of the perimeter out in the front yard;it does not
include the portion of the perimeter adjacent to a building or lying along the front setback line;
(iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example:if the
depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 18 of 20
(v) No projecting balcony or enclosed,habitable space shall be constructed or placed above the ceiling of a projected
porch.
Note 2.Gas Pipeline Sites.A principal building may project into the front yard if:(a)the building site includes land in the
rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a
gas transmission(not distribution)pipeline;(b)no part of the principal building,except items that are otherwise
allowed to project into front setback areas,is within twenty feet of the front street line;and(c)The entrance to
garage space is not closer than thirty feet to the front street line.
Note 3.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of
the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF
District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear
or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line
of the other building site),except for translucent(but not transparent),non-operable openings.(c)Space in any
projecting building may only be used for single-family(detached)use.(d)A principal building may not project
unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600
square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10.
Note 4.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or
gas transmission(not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility
easement or drainage easement,unless each entity claiming an interest in the easement grants its consent or
acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the
normal restrictions for rear yard projections do not apply(see notes above).
Note 5.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it
meets all of the following criteria:(a)No part of the building may be closer than three feet to the side property
line.Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space
above the garage(plus stairway and eaves).(c)Any projecting part must be at least seventy feet from the front
street line.(d)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),the
building may have no window,door or other opening above the ground floor(and facing the property line of the
other building site).Exception:There may be translucent(but not transparent),non-operable openings.
Note 6.Equipment in Rear or Side Yard.
REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any
building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the
equipment;(b)if the equipment occupies any part of an easement under the control of the City,the City has
issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally
granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of
the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the
minimum level of the lowest floor of the principal building,as established by the City's flood damage
prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five
feet of any property line,the equipment is fully encased in a sound-absorbing cabinet or is otherwise
designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of
Ordinances.
SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a
property line)only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated
to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment
replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire
marshal determines that such projection will not significantly interfere with emergency access,either on the
same site or on another site.
NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If
older equipment was lawfully installed on an elevated structure in a rear yard,replacement equipment may
be installed on the same structure.If the older equipment was lawfully installed without the required
separating wall,the wall must be provided,but it may be either solid or at least 50%solid(e.g.,lattice).All
other rules apply.
Note 7.Basketball Goals.No part of the equipment may be closer than ten feet to any street line.
Note 8.1 Fences.Fences may project into front and side yards to the extent expressly required or authorized by city
ordinance(e.g.,provisions in Chapter 18 of the Code of Ordinances;provisions in PDD schedules for front fences).
Also in the Code of Ordinances,there are:(i)requirements for emergency portals in fences(Chapter 18)and(ii)
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 19 of 20
restrictions on fences,certain"fence-like hedges"and other things in visibility areas(Chapter 82).In a QMDS low
fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets.
Note 8.2.Fence-like hedges. Fence-like hedges within the front yard(setback)of a building site containing no principal
building are prohibited.This provision applies to all adjacent side yard building sites and rear through building
sites.Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as
contained in Chapter 82 of the Code of Ordinances.
Note 9.Swimming Pools.Except as specifically allowed by another ordinance of the City governing setbacks for swimming
pools and appurtenances.
Note 10.Lampposts.Maximum diameter of projecting posts is six inches;maximum height is eight feet.
Note 11.Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance,no fence
is allowed in the side street yard of a rotated corner building site(SF-1 District),except for temporary construction
fences required by Chapter 18 of the Code of Ordinances.
Note 12.Front Fences in Townhouse Districts.On a building site in a townhouse(TH)district{including the TH and PDD
TN 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 permissive provisions elsewhere may also apply.
Note 13.Old Stock Housing.The ZBA may issue a special exception to authorize projection of buildings and attached
structures into a side yard,rear yard or an SF Bufferyard,if the ZBA determines:(i)the projection is reasonably
necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or
expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400
square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built,
before 1980);and(ii)there will be no substantial adverse impact upon nearby properties.
(Ord. No. 1797,§ 1(ex.A),5-23-2005;Ord. No. 1798,§ 1(ex.A),5-23-2005; Ord. No. 1799, § 1(ex.A),5-23-2005;
Ord. No. 1840, §1(ex.A),4-23-2007;Ord. No. 1869,§ 1(ex.A),4-28-2008; Ord. No. 1870, § 1(ex.A),4-28-2008;
Ord. No. 1871, § 1(ex.A),4-28-2008;Ord. No. 1872,§ 1(ex.A),4-28-2008; Ord. No. 1878, § 1(ex.A),8-25-2008;
Ord. No. 1879,§ 1(ex.A),8-25-2008;Ord. No. 1925, § 1(ex.A),8-9-2010;Ord. No. 1979, § 1(Exh.A),5-20-2013;
Ord. No.2081,§ 1(Exh.A),9-23-2019)
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 20 of 20
PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS
ARTICLE 78. COMMERCIAL DISTRICT-SPECIFIC REGULATIONS
Section 7-100. Purpose and applicability.
The purpose of this Article is to prescribe commercial 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) In General. Every use, building site and structure must comply with the regulations set out in the following
tables: Table 7B-1. Uses; Table 7B-2. Yards (or 'setbacks'); Table 7B-3. Open & Pervious Areas; Table 7B-4a.
Garage Space; Table 7B-4b. Buildings;Table 7B-5a. Parking, Driveways, Etc.;Table 7B-5b. Certain Structures;
Table 7B-6. Building Site Dimensions.
(b) Projections. Permissible projections into yards,and details about computation of open and pervious areas,are
set out in Table 7B-67 the"Projections Schedule."
West University Place,Texas,Code of Ordinances Created: 2023-05-09 15:30:22 [EST]
(Supp.No.43)
Page 1 of 19
Table 7B-1:Uses General Rule:Within each District:uses marked"A"are allowed as the primary
use,uses marked"SE"are allowed as the primary use to the extent authorized by
special exception,and uses marked"X"are prohibited.Exceptions/Special Rules:
(1)See PDD Schedules for planned development districts.(2)See special rules
noted in table.The ZBA is authorized to issue all special exceptions mentioned in
this Table.
Use Specific Use C TCC
Category
Single-family
Residential X
(detached
Single-family X X
(attached)
Other residential X X
Public and Park,playground,or q See
Semi- community center Notes 32 X
Public (public),school(public), and 43
place of worship —
Private green space
School(other) SE See X
See Note 94 Note 32
Utility or service use. A Sec Note 1
See Article 8.
PWSF use. A or SE See PWSF Schedule.See Note 1.
Commercial
See Article 8
regarding
certain Light commercial A See Note 446 A See Notes 485 and 146
sexually
oriented
businesses.
Medium SE X
commercial
All other uses X X
authorized by a special exception.The ZBA may issee sach a speca-I-exception if it finds and determines that the
occupancy is a use that is(i)acce:,cory te-a lawful primary-use and(ii}feasonably compatible with nearby sites and
their uses(in addition to any other findings aad-determination required-for a special exception).Note:A previously
i,sued special exception that authorized a use with-a-high density occupancy is sufficient to comply with this note.
Note 21. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other similar uses that are
predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized by
a special exception,the only structures allowed are fences,playground equipment and landscaping structures(e.g.,
low,retaining walls,borders,etc.).The ZBA may issue a special exception to authorize other structures.The special
exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the site plan
controls over any other ordinance to the contrary. However, the site plan may not specify yards (or "setbacks")
different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary for efficient
use of the available space and (ii) compatible with nearby sites and their uses. The special exception may allow
accessory structures without a principal building.
Note 32. Accessory Uses and Structures. In the indicated districts, the ZBA may issue a special exception to authorize
additional uses and structures,if the ZBA finds and determines that each additional use and structure is:(i)accessory
to a lawful primary use and(ii)compatible with nearby sites and their uses.The special exception may include a site
plan identifying and limiting such uses and structures.
(Supp.No.43)
Page 2 of 19
Note 43. Park, Playground, Etc. In the C District, a park, playground or community center may be privately or publicly
owned.
Note 5. Parking Use in PDD SF2. The ZBA may issue a special exception to authorize parking of motor vehicles in
included as site specific conditions of the special exception.
Note 6. Light Office Use in PDD Cl. The only commercial use allowed in PDD Cl is light office use, meaning offices for
conducting real estate, insurance and other similar businesses and the offices of the architectural, clerical,
arc employed as are customarily required for the practice of such business or profession.
Note 7. Garden style use in PDD TH9."Garden style"single family detached use is allowed in PDD TH1 if authorized by a
for the original site plan and for amendments and replacements of that plan. Such a site plan,after approval by
Note 8. Attached dwellings in PDD SF3.Any existing attached dwellings which complied with the former Schedule PDD
TH3(Browning Townhouse PDD)at the time of their construction have PNC status,under and subject to Article 1a
this ordinance.
Note 84. School(other).A special exception may authorize this use on sites wholly within the C District or partially within
the C District and partially within another district.
Note 4-05. Uses in TCC.The only uses allowed in TCC are retail,light office use,and food service use.TCC does not allow
for residential use of any kind,bars or club uses,entertainment venues,sexually oriented businesses,auto-intensive
uses,gambling establishments,surgical or emergency clinics,or any medium commercial uses.
Note 446. Hours of operation. In the C, TCC and PDD-C1 districts, hours of operation for commercial uses shall not
unreasonably impact the residential character of adjoining residential districts.All operations, including deliveries
and other outdoor activity,shall comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.
All commercial garbage and trash collection activities shall comply with Chapter 38 of the Code of Ordinances.
(Ord. No. 1799, § 1(ex.A), 5-23-2005;Ord. No.2005, § 1(Exh.A),3-9-2015)
(Supp.No.43)
Page 3 of 19
General Rule:No part of any structure may be located within a part of a building
Table 76-2:Yards site included within a yard defined,by District,in this table.("N/A"means the rule
(or'setbacks') does not apply.)Exceptions/Special Rules:(1)Structures may be located in yards to
the extent 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 PWSF Schedule.
Item Measurement C TCC
Distance from 30 ft. 10 ft.
Front yard front street line. See Note&3 See Note 94
Distance from
Interior side yard side property line 5 ft.
(each side). See Notes442 and 4.2.
Street side yard Distance from 15 ft. See Note 94
side street line.
Distance from
Rear yard rear property 5 ft.See Note 1 25 ft.See Note 94
line.
Distance from
SF Bufferyard nearest part of an 10 ft. N/A
the SF District.
Note 1. Through Lots or Building Sites or Rear Through Lots or Building Sites. If a lot or building site extends all the way
through a block so that the front and rear both abut a street area,there is no rear yard.The site is a"through"or
"rear through"lot or building site,and is considered to have two front yards,one at each street frontage.Front yard
(setbacks)shall be as provided in Table 7B-2.Exceptions:1)If the site is"flag"shaped or irregular,the"flag"portion
shall have the same setback as the adjoining building sites fronting that street; 2) If a through lot abuts a Major
Thoroughfare and a local street and has a lot depth less than 160 feet,then the lot shall have a front yard on the
local street and a back yard on the Major Thoroughfare.Provided,further,there shall be no vehicular access to the
street adjacent to the back yard;3)If a through lot abuts Auden Street and a dead-end street,then the lot shall have
a front yard on Auden Street and a back yard on the dead-end street.Provided,further,there shall be no vehicular
access to the street adjacent to the back yard.
criteria: (A)The building site is less than 55 feet wide. (B)The use is single family(detached) use.(C)Outside the
rear yard,no main wall surface of any building is closer than 10.4cct to any--FRain wall surface of a"prior building"on
another building site(unless there arc"prior buik#i+Rgs"on both sides,each within seven feet of the property line,in
which case the minimum separation from a"prior building"is eight feet).A"prior building"is a building in existence,
under construction or covered by a current building permit when a building permit is issued for the subsequent
driveway"rule.
Note 3.Rotated Corners. For rotated corner building sites(SF 1 District only),the minimum side street yard width is:(i)10
feet if the building site width is 65 feet owless,(ii)10 feet plus the distance by which the width of the building site
exceed 65 feet,if the building site widths more than 65-feet but less than 75 feet, (iii)20 feet if the building site
width is 75 feet or more but less than 100 feet,or(iv)for building sites 100 feet wide or more,the side street yard
measured from the side street line.
(Supp.No.43)
Page 4 of 19
Note 442. Common Walls. In the TH,GR 2,C,and all PDD TN districts,the ZBA may issue a special exception for a zero-
width side yard,but only upon application by both property owners and only if the special exception is conditioned
upon the construction and maintenance of a common wall or continuously abutting separate walls (in either case
with a four-hour fire rating or better)along the property line.Se, also •ete below foo-E440&
constructed on two or more abutting building sites along a block face,zero width side yards arc allowed by right
in a row of attached townhouses on abutting sites, the interior side yard requirement, or the street side yard
Note 53. Major Thoroughfares. The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a
major thoroughfare, if the front yard prescribed is at least 10 feet deep, and if the special exception requires the
greatest practicable amount of pervious area in the front yard.
Note 6.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See
Article 8.
Schedule.In addition:
(a) Front yard(GR 1 or GR 2 Only):A principal building with an internal access garage may project as close as 10
feet to the street arca if,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 dimension smaller than seven feet; (b)above the porch or court,no more
porches,arc allowed above all the porch or court);(c)the cornice height docs not exceed 27 feet;(d)there
are no more than 2.5 stories;and(c)there is no garage space.
may project,but not closer than 10 feet to the property line.
Note 8. Yards in PDD Cl. In PDD Cl,the yards and street lines are as follows, notwithstanding other provisions of this
ordinance:(i)The rear yard is the arca within 20 feet of the rear property line(the line farthest from Bellaire Blvd4
right of way line of Bellaire Blvd. Exception: The rear yar4 upee Let 2, Block 35, Celonial Terrace Addition (also
known as the south 140 feet of Tract 9,Cambridge Place)is the arca within 40 feet of the rear property line of said
lot,said r or property line being located 140 north of the north right of way line of Bellaire Blvd.(ii)The street side
yard is the ar a within ten feet of any side street line where the street arca is 50 feet or less in width,or within five
feet of any side street line where the street area is more than 50,but less than 70,feet wide.(iii)The front yard is
Note 14. Yards in TCC.In TCC,the front street line is designated as the common boundary of the building site and the Edloe
Street street area. For building sites with a side street along Rice Boulevard, the side yard shall be zero feet. For
building sites with a side street line along University Boulevard,the side yard shall be five feet.The rear yard may
be reduced by any future reduction in the width of the utility easement along the Poor Farm Ditch.
(Ord. No.3013, §2(Exh.A),4-12-2021)
(Supp.No.43)
Page 5 of 19
General Rule:Every building site must have the minimum open and pervious areas
Table 7B-3:Open&Pervious shown,by District,in this table.("N/A"means the rule does not apply.)
Areas Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2)
See special rules noted in table.(3)See the Projections Schedule for details about
calculating open and pervious areas.
Item Measurement C TCC
Front yard,
Open area minimum N/A
percentage.
Rear yard,
minimum N/A
percentage.
Sec Note 6.
Entire building
site,minimum 15%
percentage.
Front yard,
Pervious area minimum N/A
percentage.
Entire building
site,minimum 15% 10%
percentage.
Landscaping Required,except for SFD uses on building sites with 5,000 sq.ft.or more.See Notes 3
strips and 5.
Qualified trees containing at least 25 sq.ft.However,additional or better pervious area may be
required to comply with Chapter 82.See Chapter 82
Pervious In a QMDS only,pervious pavement is allowed to be used for all vehicular areas,and
pavement part of it may count as pervious area.See Note 4.
Each parking area containing 21 or more
parking spaces must contain interior
Parking areas, pervious areas in"island"or"peninsula" N/A
interior configurations aggregating in area at
least two square feet for each parking
space.
Note 1.Rear Yard Adjacent to Non SF.The 7B issue a special exception to reduce the requirement for open area in a
rear yard in a SF District to not less than 40%,if the rear yard abuts a non SF District.
in a QMDS"low impact motor court."
Note 31. Landscaping Strips.Vegetated pervious areas required as follows: (a) minimum five feet wide adjacent to each
street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to
separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not required
along alleys or where they must be crossed by sidewalks or driveways. Strips along street areas must have live,
evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of Ordinances
(maximum spacing is 20 ft.). The administrative official may approve different spacing for shrubs or trees, upon a
showing that(i)the spacing is allowed by standard urban forestry criteria for the particular species and location and
(ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a landscaping strip to be
located in whole or in part within a street area,if the ZBA finds that the particular landscaping will,in all probability,
be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip
located completely on private property.
Note 42.Pervious Pavement. In a QMDS,the area of the holes or gaps(if actually pervious)counts toward pervious area
requirements(but no more than 30%out of any area with pervious pavement may count).
(Supp.No.43)
Page 6 of 19
Note 53. Visual Buffer Zone. In TCC,along the east edge of each property a landscaped buffer zone shall be established
consisting of trees,shrubs,and other durable vegetation adequate to minimize the transmittal of light and provide
a visual buffer between a use in TCC and adjacent SF district properties.Evergreen shrubs shall be planted to form
a continuous hedge with no gaps.Shrubs shall be hardy species that will withstand freezing temperatures.The plants
shall be at least 18 inches in height as measured from the surrounding soil line and shall have a maximum 18 inch
width at the widest portion when planted. Shrubs shall be capable of growth to not less than 48 inches in height
when measured from the surrounding soil line and shall form a continuous hedge within three annual growing
seasons.Shrubs shall be maintained at a height that does not interfere with overhead utility lines.Trees planted in
the buffer zone shall not interfere with overhead utility lines.
the ZBA determines: (i)the reduction is reasonably necessary to preserve or protect old stock housing as it then
exists or as it may be proposed to be remodeled or expanded(up to a total gross floor arca,for all buildings on the
nearby properties.
to pass through or be absorbed.
(Ord. No. 1798, § 1(ex.A),5-23-2005;Ord. No. 1800, § 1(ex.A),5-23-2005;Ord. No. 1872,§ 1(ex.A),4-28-2008;
Ord. No.2005, § 1(Exh.A), 3-9-2015;Ord. No.3014,§2(Exh.A),4-12-2021)
(Supp.No.43)
Page 7 of 19
General Rule:Every building site,garage space and related structure must
Table 7B-4a:Garage space conform to the applicable regulations shown,by District,in this table.
Areas
("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See
special rules noted in table.(2)See Article 9 regarding Planned
Development Districts.(3)See Note 1 regarding special exceptions.
Item Regulation C
Garage space,in Garage parking spaces.
general See Article 10 Minimum 2.0 per DU;each must be enclosed.
Minimum garage parking
12 ft.wide,25 ft.deep(for each required garage parking space).
space dimensions
Garage door or Maneuvering area See Article 10
openings
Door or opening facing (May affect eligibility as QMDS.Sec definitions in Article 2.}
front street line.
Door or opening facing
tide street line (May affect eligibility as QMDS.Sec definitions in Article 2.}
Garage accessory Limit on non-garage N/A
buildings space
Note 1.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway in another location
or with a different design than prescribed by this table, if it finds that: (i) the other location or design will not
unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar
needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the
remodeling of a principal building,the location requested is the same location as an existing parking area,garage or
driveway;or(iv)the location or design requested is necessary for safety considerations.
(Supp.No.43)
Page 8 of 19
General Rule:Every structure must conform to the applicable regulations
Table 7B-4b:Buildings shown,by District,in this table.("N/A"means the rule does not apply.)
Exceptions/Special Rules:(1)See special rules noted in table. 2)See Article 9
regarding Planned Development Districts.
Item Regulation C TCC
Maximum number See Uses table
Dwelling units N/A
per building site and Art.9
Framed area,all Maximum area as
buildings on a a percentage of N/A
building site building site area
Length or width, Maximum
any building horizontal N/A
dimension
Exterior materials, Type Must be of equal grade and quality,all sides.See Section 8-104
any building.
A four-hour fire wall,or its equivalent,
Separation of DUs Fire-rated wall must separate adjoing dwelling units. N/A
See Notes 3 and 52.
SF privacy
See Note 8. N/A
protection
Accessory Maximum number
buildings per building site N/A
See Article 10
regarding garage Height,maximum 35 ft.See Note 21. 35 ft.See Notes
3-24 and 435.
space.
Stories,maximum N/A Two
Principal buildings Height,maximum 35 ft.See Note 21. 35 ft.See Notes
See Article 10 424 and 4-35.
regarding garage Minimum gross 1,400 sq.ft.
space. floor area
Width,minimum N/A
Height and
screening of
rooftop See Note 443 Applies
mechanical
equipment
may project up to four feet above the roof.The maximum height of chimneys attached to a principal building is the
greater of 35 feet or four feet above the roof.
Note 21.Height In C District. In the C District,no part of any structure(except a fence)may be higher than the horizontal
distance from that part to the nearest part of an SF District.
Note 3.Building Detail,TN,PDD TN and GR Districts.To separate buildings,there must be open are at lest five feet wide
percentage by(a)the building site's are plus(b)an allocated part of any common use ares in the same QMDS
access asements,private streets,alleys,reserves,etc.that are not part of a building site).The allocated part
(Supp.No.43)
Page 9 of 19
Note 52. Building Code. Separation requirements are in addition to other requirements of building codes and other
ordinances.See Code of Ordinances.
height limits prescribed for projecting spaces.Sec Table 7 2,Note 7.
Note 7.Certain Projecting Buildings.Special height rulcsapely-to buildings ojecting into yards.See Tables 7 2 and 7 6.
Note S.SF privacy protection.On a building site where this applies;there may not be a direct sight line from any"third
floor viewpoint" to any point in an "SF privacy aeee."A "third fleer viewpoint" is any viewpoint on a "third floor
area"at eye level(six feet)or lower.A"third floor-area"is-any fleeted area(indoors or outdoors)where the floor is
question,(ii)on a building site in an SF B.istrict,and(iii}-below 20 feet in height.See Figure SFP.
Note 9.Calculation of DU's Per Acre.In a QMDSenly,the total-number of D s is divided by the total acreage of the QMDS
to calculate the number of DU's per acre.
Note 10.Spacing of Dwelling Units in PDD TH7.C�a cpt where dwelling units-are separated by common walls,the minimum
distance between dwelling units shall be as follows:(,)o^part of any dwelling unit may be closer than five feet to
another dwelling unit. (ii) No window may-be€-loser then-50 feet to a facing window to living space in another
dwelling unit. (iii) Neither eaves nor balconies may be eleser than-40 feet to a facing window to living space in
another dwelling unit. (iv)Neither windows-tel-Wing spa€€Ref balconies may be closer than 20 feet to any facing
Note 443. Rooftop Mechanical Equipment. In the C7 and TCC and PDD Cl districts, any rooftop mechanical equipment,
whether new or replacement equipment, shall be accommodated within the maximum building height limit and
shall be fully screened from off-site and street area views through design and materials consistent with the overall
design and colors of the principal building. This may include use of sloped roofs, a low parapet wall or other
architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such
building features comply with and do not project above the maximum building height limit.
Note 124.Building Placement and Maximum Height in TCC. In TCC,the following height restriction shall apply:(i)Principal
buildings shall be located in the front 60 feet of the building site and shall be limited to 2 stories and 35 feet in
height,including any rooftop mechanical equipment.(ii)Accessory structures shall be located in the rear 70 feet of
the building site and shall be limited to 35 feet in height, including any rooftop mechanical equipment. (iii) Any
rooftop mechanical equipment,whether new or replacement,shall be fully screened from off-site and street area
views through design and materials consistent with the overall design and colors of the principal building.This may
include use of sloped roofs,a low parapet wall or other architectural elements that conceal flat roof areas where
mechanical equipment is mounted,provided that all such building features comply with and do not project above
the maximum building height limit.
Note 1-35.Street Level Orientation in TCC. In TCC,the first floor of all buildings shall be at grade level.Elevated structures
with open areas or parking below the second floor are not permitted.
floodplain regulations may exceed the existing Feef height by an amount equal to the distance the structure is
elevated.In no case may the maximum roof height exceed 39 feet and 27 feet in the rear yard setback.
(Ord. No. 2075, §1(Att.A),6-10-2019)
(Supp.No.43)
Page 10 of 19
General Rule:Every building site,vehicular area and related structure must
Table 76-5a:Parking,driveways,etc. conform to the applicable regulations shown,by District,in this table.("N/A"
means the rule does not apply.)Exceptions/Special Rules:(1)See special rules
noted in table.(3)See Article 9 regarding Planned Development Districts.(3)
See Note 7 regarding special exceptions.(4)See Article 10.
Item Regulation C TCC
Off-street parking
spaces and parking Depends on land use,layout,etc.See this Table,Table 7B-4a,and Article 10
areas;Other Number,location, (including maneuvering areas,design requirements,"same site"rule,yards,
regulations apply; size,design street areas,loading spaces,etc.).
see,e.g.Article 10
Maneuvering areas See Article 10
Grouping or sharing. Not allowed,except in a QMDS platted parking reserve serving two or more
DU's.But see Note 2.
Use of parking areas Parking spaces for non-SFD uses may only be used for motor vehicle parking.
See Note 3.
Emergency Minimum width.See 20 ft,via public or private street,to each principal building and each DU(or to
accessway Note 1. an adjacent open area accessible to firefighters and equipment).Other
regulations also apply,e.g,fire code.
Minimum width.See For SFD use:nine ft.For non-SFD residential use:10 feet,or 17 feet if two-
Note 1. way and serving three or more DU's.
For SFD use:(i)Driveway serving any single-bay garage:12 feet.(ii)Driveway
Maximum width(in in a front yard serving rear garage or side-facing garage:12 feet.(iii)Driveway
front yard or street in side street area of a corner site serving a side-facing garage with three or
Driveways and area) more bays:30 feet;(iv)Any other driveway:20 feet.For other residential
private streets See Note 1 uses:24 ft.(or 35 feet if connecting to a major thoroughfare).For all other
Other regulations uses:30 feet(or 35 feet if connecting to a major thoroughfare).
apply;see,e.g. For non-SFD uses:160 feet,driving distance to the nearest street area,
Article 10 Maximum length measured along centerline from farthest end point.A longer driveway is
allowed if there is an approved turnaround or second means of egress,or if
the drive-way is platted as part of the common area in a QMDS.
Route,location N/A
Spacing
For non-SFD uses:There must be at least 40 feet between the"inside"apron
edges(at their narrowest points)of driveways serving the same building site.
For SFD use:Hard-surfaced or pervious pavement required for each required
Required type driveway and parking space;twin"ribbons"of pavement are permitted.For
Pavement all other uses:Reinforced concrete,with curbs and drains required for all
See Note 4.
vehicular areas.Exceptions:(i)See Table 7B-3(pervious pavement)and Note
4,below.(ii)See Article 10 regarding"overhang."
Markings;wheel Required type For non-SFD uses:Parking spaces must be clearly marked on the pavement,
stops. and wheel stops are required.See Note 428.
Curb cuts Number For SFD use:Maximum one per designated building site abutting the street.
Other regulations For non-SFD uses:Maximum one per 50-ft.segment of street line.See Note 5.
apply;see,e.g.
Article 10 and Max.width per 50-ft. Four feet(for aprons)plus the maximum driveway width allowed.Each curb
Chapter 70 of the segment of street cut must be confined to the part of the street area that directly abuts the
Code of line building site(s)served.See Note 1.
Ordinances.
Visibility triangles Forbidden structures, The following are forbidden on parts of a building site within a visibility
See defintions in plants and other triangle:structures,plants or other things taller than 2.0 ft.or shorter than
Article 2 things 8.0 ft.This does not require removal of trees in existence on July 1,1992,if
kept pruned.
(Supp.No.43)
Page 11 of 19
Note 1.Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for non-
SFD use,pavement.Maximum driveway width refers to maximum width of pavement in a front yard or street area,
excluding complying curb cut aprons. Maximum curb cut width refers to the width of the driveway plus aprons,
measured at the edge of the roadway.
Note 2.Grouped or shared parking.Article 10 also provides for a special exception,in certain circumstances.
Note 3. Parking exclusivity(non-SFD uses). Required parking spaces must be kept open, readily accessible and used for
parking only,with no sales,dead storage,display,repair work,dismantling or servicing of any kind.Required guest
parking spaces must be kept open and reserved for that use only.
Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement designs
and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to
water runoff.
Note 5. Curb cuts.The ZBA may issue a special exception for additional curb cuts. Exception:The Administrative Official
may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for
circular driveways specifically allowed by Chapter 70 of the Code of Ordinances.These additional curb cuts are not
prohibited and do not require a special exception.
Note 6.Route;Alternating Driveways.Each driveway must connect garage space to the street by the most direct route.On
narrow sites where alternate side yard areas apply(see"Yards"table),the following special restrictions also apply:
(A)there must be a driveway located as nearly as practicable to one side of the site; (B)the side is determined in
accordance with the established driveway pattern for the block face in question,if there is such a pattern;and(C)if
there is no such pattern,and if there is an adjacent driveway on one adjoining building site but not the other,the
driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this paragraph does not prohibit
circular driveways specifically permitted under another ordinance of the City,and(ii)a driveway may be curved or
moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring
a tree.
Note 7. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway (or other
maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that:
(i)the other location or design will not unreasonably interfere with available light and air and will not significantly
alter access for fire-fighting and similar needs; (ii)the other location or design will prevent the destruction of a
qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location
as an existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety
considerations.
Note 8.Curb Cuts in POD T141.(i)If a building site abets-both Bel-lei-Fe Boulevarel-and another street,then all vehicular access
development of Lots 6,7,8,9 and the east ten feet of let 10,Bleek 1,Kent Place Addition,if Lot 6 is included in the
Mercer Street.(ii)If a building site abuts only Bellaire Boulevard,vehicular access shall be limited to two curb cuts.
Note 9. Curb Cuts in PDD TH5. (i) If a building site abut-both Academy-and Bissonnct,no curb cuts on Bissonnet and no
than two curb cuts.
on Kirby Drive and on ach other abutting street.(ii)If a building site abuts only Kirby Drive,vehicular access shall
be limited to two curb cuts.
Note 128.Curbs as Wheel Stops.Curbs may be used as wheel stops.Area outside a curb-wheel stop counts toward
minimum parking space dimensions if actually usable as"overhang"and not needed for maneuvering area.
(Ord. No. 1925, § 1(ex.A),8-9-2010; Ord. No. 1977,§ 1(Exh.A),5-20-2013;Ord. No.2005, § 1(Exh.A),3-9-2015;
Ord. No.2030, §1(Att.A),2-27-2017;Ord. No. 3014, §2(Exh.A),4-12-2021)
(Supp.No.43)
Page 12 of 19
General Rule:Every structure must conform to the applicable regulations
Table 7B 5b:Certain Structures shown,by District,in this table.("N/A"means the rule does not apply.)
Exceptions/Special Rules:(1)See special rules noted in table.(3)See Article 9
regarding Planned Development Districts.
Item Regulation C
Swimming pools Maximum number N/A
per building site
Maximum number
Tennis courts
per building site
All structures
See Note 42 Height,maximum 35 ft.See Note 31.
See,also,Article 8
Note 1. Tennis Courts.,Swimming Pools in SF Districts.Each tennis court in 3 SF District must:(i)be a private accessory
tennis court and swimming pool regulations in the SF Districts,but may serve commonly platted or restricted sites.
See Note 1.
Note 31. Height in C District.In the C District,no part of any structure(except a fence)may be higher than the
horizontal distance from that part to the nearest part of an SF District.
Note 42. Utility Poles.An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high,if the
administrative official certifies that the additional height is necessary to separate wires of different voltages and
capacities from each other and from the ground,applying standard technical codes and utility safety guidelines.
•
(Supp.No.43)
Page 13 of 19
General Rule:This table prescribes the minimum dimensions for building sites,by District.
Table 7B-6:Old Building Site ("DU"means"dwelling unit.")Exceptions/Special Rules:(1)See PDD Schedules for planned
Dimensions development districts.(2)See special notes in table.(3)The Z&PC may establish different
dimensions by approving a plan,plat or replat(see Article 5).
Item Measurement C
Old building sites
Width,
(before October 24,1987) 75 ft.
See Notes 1 and 2. minimum
Depth, 100 ft.
minimum
Area 7,500
minimum sq.ft.
New building sites Width,
(on or after October 24,1987) minimum 50 ft.
Depth, N/A
minimum
Area 5,000
minimum sq.ft.
Note 1. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of 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 twenty consecutive years prior to the 1987 effective date, under
circumstances where there was no additional land used for the building site,and(ii)was created by subdivision plat
and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments,
or as specifically allowed by Article 5.
Note 2. 4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and
at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the city
council or the Z&PC,(ii)has not been made smaller thereafter for any reason.
(Supp.No.43)
Page 14 of 19
Table 7 6. Projections Schedule
General Rule:This schedule describes certain structures which are allowed to
Table 7B-7:Projections Schedule "project"into yards(or setbacks).It also provides special rules for calculating
open and pervious areas affected by such structures.See the"Yards(or
'setbacks')"and the"Open&Pervious Areas"tables.
Maximum Allowed Projection(In Inches),Measured from Special Rules For
Type of Structure Calculating Open
The Inside Edge of The Yard
&Pervious Areas
Front Yard Rear Yard Side Yard SF Bufferyard
Items above ground
level:Eaves,
cornices,roof 24"except
extensions, that no
"greenhouse"and item below
bay windows(no the eave
15"See 15"See The area does
floor space),window 15"See may be
Notes 1.1 Notes not count as
sills,cantilevered Note 1.1. closer than
building space, e4 13. e44436"to the 13. open area.
window boxes,belt SPL.See
courses,window air Notes 1.1
conditioners and and 13.
similar parts of
buildings.
12"except
Items at and above that no
ground level: item below
Chimneys/fireplaces the eave The area does
Buildings and 15"See 15"See
(with cross-sectional 15" Notes 1.1 may be Notes 1.1 not count as
Attached areas of 8 square closer than either open or
Structures and 13.
feet or less) and 13. 36"to the
pervious area.
and similar parts of SPL.See
buildings. Notes 1.1
and 13.
The area does
not count as
either open or
Porches/platforms/d
ecks higher than 14 0,but see pervious area.
Note 1.2. 0 See Notes 0 See Notes 0 See Notes The area beneath
inches,and similar See Note 1.1 and 13. 1.1 and 13. 1.1 and 13. a deck may count
structures attached
to a building. 1.1. as pervious area
if rain is allowed
to pass through
the deck.
The area does
Steps not higher
120"See 0 See Notes 0.See Notes 0.See Notes not count as
than the first floor Note 1.1. 1.1 and 13. 1.1 and 13. 1.1 and 13. either open or
level.
pervious area.
(Supp.No.43)
Page 15 of 19
Items near ground
level:porches, The area counts
platforms and decks as open area.
higher than six No limit. The area beneath
inches but not 120"See See Note 0 See Note No limit a deck may count
Note 1.1. 13. as pervious area
higher than 14 1.1.
if rain is allowed
inches,and similar
structures attached to pass through
the deck.
to buildings
Other parts of 0,but see The area does
0,but see 0,but see 0,but see
buildings and Notes 3 and Note 3.See not count as
structures attached Note 2.See Note 5.See
4.See Notes Notes 1.1 either open or
to buildings. Note 1.1. 1.1 and 13. Note 13. and 13. pervious area.
The area counts
Sidewalks,patios, as open area but
porches/platforms/d not as pervious
ecks,retaining walls, area unless the
material is
driveways,parking No limit,
completely
Ground level and areas and similar except that pervious to
structures not decks may
underground No limit No limit No limit water.The area
items higher than six not project beneath a deck
inches;all more than
underground 120" may count as
structures.See also pervious area if
rain is allowed to
Table 78-3 regarding
pervious pavement. pass through the
deck.See Table
7B-3.
Air conditioning
equipment,pool The area does
equipment,and not count as
0 See Note 6. See Note 6. 0
similar freestanding either open or
Mechanical mechanical pervious area.
Equipment equipment
The area may
Utility meters andcount as both
0 No limit 15" 12"
related apparatus open area and
pervious area.
No limit The area may
Basketball goals 120" No limit generally, No limit count as both
but see open area and
Note 7. pervious area.
The area may
Certain AccessoryPlayground count as both
0 No limit 0 No limit
Structures equipment open area and
pervious area.
The area may
count as
Flagpoles 120" 0 0 0 both open area
and pervious
area.
(Supp.No.43)
Page 16 of 19
0,but see No limit, The area does
Fences Notes 8.1, No limit but see No limit not count as
Notes 8.1, either open or
8.2,and 12.
8.2 and 11. pervious area.
The area counts
0,but see 0,but see as open area.
Swimming pools 0 Note 9 Note 9. No limit Only the water
area counts as
pervious area.
The area counts
Tennis courts(with as open area but
associated screens) 0 0 0 No limit not pervious area
(unless the area
is made of grass).
No limit No limit No limit The area may
Lights and generally, general) No limit
y, generally, count as both
generally,but
lampposts but see but see but see open area and
Note 10. Note 10. Note 10. see Note 10. pervious area.
The area may
Gate closers 24" No limit No limit No limit count as both
open area and
pervious area.
The area does
Signs(see Code of not count as
No limit 0 0 0
Ordinances) either open or
pervious area.
Note 1.1.Projections in QMDS.Sec QMDS Schedule.
Note 14.Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch
may project up to 120 inches into the front yard if it meets all of the following criteria:
(i) It is neither designed nor usable for motor vehicles;
(ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line
(Example:the maximum projecting volume on a 521/2-foot wide site would be 50 cubic feet x 52.5,or 2,625
cubic feet);
(iii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary
window screens. (b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor. (c)
Supporting vertical columns,if the total width of the outer faces of the columns does not exceed either 50%
of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized porch.
The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum-
sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited by the open
area requirement for the front yard.The"outside perimeter"of a porch is the portion of the perimeter out
in the front yard; it does not include the portion of the perimeter adjacent to a building or lying along the
front setback line;
(iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example:
if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and
(v) No projecting balcony or enclosed, habitable space shall be constructed or placed above the ceiling of a
projected porch.
(Supp.No.43)
Page 17 of 19
Note 2.Gas Pipeline Sites.A principal building may project into the front yard if:(a)the building site includes land in the
rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a
gas transmission(not distribution) pipeline; (b) no part of the principal building,except items that are otherwise
allowed to project into front setback areas,is within twenty feet of the front street line;and (c)The entrance to
garage space is not closer than thirty feet to the front street line.
Note 3.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of
the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF
District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear
or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line
of the other building site),except for translucent(but not transparent), non-operable openings. (c) Space in any
projecting building may only be used for single-family(detached)use.(d)A principal building may not project unless
the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square
feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10.
Note 4.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or
gas transmission(not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility
easement or drainage easement, unless each entity claiming an interest in the easement grants its consent or
acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the normal
restrictions for rear yard projections do not apply(see notes above).
Note 5.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets
all of the following criteria: (a) No part of the building may be closer than three feet to the side property line.
Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above
the garage(plus stairway and eaves).(c)Any projecting part must be at least seventy feet from the front street line.
(d)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),the building
may have no window, door or other opening above the ground floor(and facing the property line of the other
building site).Exception:There may be translucent(but not transparent),non-operable openings.
Note 6.Equipment in Rear or Side Yard.
REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building
site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment;
(b) if the equipment occupies any part of an easement under the control of the City,the City has issued a
separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to
the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment
is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of
the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if
that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line,
the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply
with the City's noise regulations;see Chapter 54 of the Code of Ordinances.
SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a
property line)only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated
to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment
replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal
determines that such projection will not significantly interfere with emergency access,either on the same site
or on another site.
NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older
equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be
installed on the same structure.If the older equipment was lawfully installed without the required separating
wall,the wall must be provided,but it may be either solid or at least 50%solid(e.g.,lattice).All other rules
apply.
Note 7.Basketball Goals.No part of the equipment may be closer than ten feet to any street line.
(Supp.No.43)
Page 18 of 19
Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by city
ordinance(e.g., provisions in Chapter 18 of the Code of Ordinances;provisions in PDD schedules for front fences).
Also in the Code of Ordinances,there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii)
restrictions on fences,certain "fence-like hedges" and other things in visibility areas (Chapter 82).114-a-QMDS-low
fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets.
Note 8.2. Fence-like hedges. Fence-like hedges within the front yard (setback) of a building site containing no principal
building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites.
Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as contained
in Chapter 82 of the Code of Ordinances.
Note 9.Swimming Pools.Except as specifically allowed by another ordinance of the City governing setbacks for swimming
pools and appurtenances.
Note 10.Lampposts.Maximum diameter of projecting posts is six inches;maximum height is eight feet.
Note 11. Rotated Corner Fences. Notwithstanding any other provision of this ordinance or any other ordinance,no fence
is allowed in the side street yard of a rotated corner building site (SF 1 District RCOD), except for temporary
construction fences required by Chapter 18 of the Code of Ordinances.
Note 12. Front Fences in Townhouse Districts. On a building site in a townhouse district(including the TH and PDD TI I
districts),there may be fences in the front yard,but not higher than seven feet and not closer than five feet to the
Note 4. 12. Old Stock Housing. The ZBA may issue a special exception to authorize projection of buildings and attached
structures into a side yard, rear yard or an SF Bufferyard, if the ZBA determines: (i) the projection is reasonably
necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or
expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square
feet or 200%of the gross floor area of all the buildings on the site when the principal building was built, before
1980);and(ii)there will be no substantial adverse impact upon nearby properties.
(Ord.No.1797,§1(ex.A),5-23-2005;Ord.No. 1798,§1(ex.A),5-23-2005;Ord. No. 1799,§1(ex.A),5-23-2005;Ord.
No. 1840, § 1(ex.A),4-23-2007;Ord. No. 1869, § 1(ex.A),4-28-2008;Ord. No. 1870,§ 1(ex.A),4-28-2008;Ord. No.
1871,§1(ex.A),4-28-2008;Ord.No.1872,§1(ex.A),4-28-2008;Ord. No.1878,§1(ex.A),8-25-2008;Ord. No. 1879,
§ 1(ex.A), 8-25-2008; Ord. No. 1925, § 1(ex. A), 8-9-2010; Ord. No. 1979, § 1(Exh. A), 5-20-2013; Ord. No. 2081, §
1(Exh.A),9-23-2019)
(Supp.No.43)
Page 19 of 19
PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS
ARTICLE 7C. PLANNED DEVELOPMENT DISTRICT-SPECIFIC REGULATIONS
Section 7-100. Purpose and applicability.
The purpose of this Article is to prescribe residential and commercial Planned Development District
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) In General. Every use, building site and structure must comply with the regulations set out in the following
tables:Table 7C-1. Uses;Table 7C-2.Yards(or'setbacks');Table 7C-3.Open & Pervious Areas;Table 7C-4a.
Garage Space;Table 7C-4b. Buildings;Table 7C-5a. Parking, Driveways, Etc.;Table 7C-5b.Certain Structuress
Table 7C-6. Building Site Dimensions.
(b) Projections. Permissible projections into yards, and details about computation of open and pervious areas,
are set out in Table 7C-67 the"Projections Schedule."
West University Place,Texas,Code of Ordinances Created: 2023-05-09 15:30:22 [EST]
(Supp.No.43)
Page 1 of 20
General Rule:Within each District:uses marked"A"are allowed,uses marked"SE"are
allowed only to the extent authorized by a special exception(see Note 3),and uses
Table 7C-1,-600t,:Uses marked "X"are prohibited.Exceptions/Special Rules:(1)See PDD Schedules for
planned development districts.(2)See special rules noted in table.The ZBA is
authorized to issue all special exceptions mentioned in this Table.
Use Specific Use PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Category SF1 SF2 TH1 TH2 TH4 TH5 TH7 CI
Residential
Single-family A See Notes 1 and 7 A
(detached)
Single-family X See A See
(attached) Note 8 A See Note 1 Notes I A See Note 1 X
and 7
Other residential X X X X X X X X
Park,playground,
Public and or community A See
Semi-Public center(public), A See Notes 1 and 3 Notes 3
school(public), and 4
place of worship
Private green
See Notes 1 and 2
space
School(other)See X X X X X X X X See
Note 9 Note 3
Utility or service
use.See Art.8. A See Note I
PWSF use. A or SE See PWSF Schedule.See Note 1
Commercial
See Article
8 regarding See
See certain Light commercial X Note 5 X X X X X p�es 6
sexually
oriented I410
businesses.
MediumSee
X X X X X X X
commercial Note 5
All other uses X X X X X X X X
Note 1. High-density occupancies in SF District.High-density occupancies are allowed in SF Districts only to the extent
authorized by a special exception.The ZBA may issue such a special exception if it finds and determines that the
occupancy is a use that is(i)accessory to a lawful primary use and(ii)reasonably compatible with nearby sites and
their uses(in addition to any other findings and determinations required for a special exception).Note:A
previously-issued special exception that authorized a use with a high-density occupancy is sufficient to comply
with this note.
Note 2. Private Green Space.Vineyards,gardens,landscaping,private playgrounds and other similar uses that are
predominantly pervious,vegetated and non-commercial are allowed in all districts. Unless otherwise authorized
by a special exception,the only structures allowed are fences,playground equipment and landscaping structures
(e.g.,low,retaining walls,borders,etc.).The ZBA may issue a special exception to authorize other structures.The
special exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the
site plan controls over any other ordinance to the contrary.However,the site plan may not specify yards(or
"setbacks")different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary
for efficient use of the available space and(ii)compatible with nearby sites and their uses.The special exception
may allow accessory structures without a principal building.
(Supp.No.43)
Page 2 of 20
Note 3. Accessory Uses and Structures. In the indicated districts,the ZBA may issue a special exception to authorize
additional uses and structures,if the ZBA finds and determines that each additional use and structure is:(i)
accessory to a lawful primary use and(ii)compatible with nearby sites and their uses.The special exception may
include a site plan identifying and limiting such uses and structures.
Note 4. Park,Playground,Etc. In the C District,a park,playground or community center may be privately or publicly
owned.
Note 5. Parking Use in PDD-SF2.The ZBA may issue a special exception to authorize parking of motor vehicles in
connection with nearby commercial activities,upon approval by the ZBA of the types of vehicles,design of parking
facilities(including landscaping,paving,lighting,fences or walls,signs,etc.)and curb cuts,all of which may be
included as site-specific conditions of the special exception.
Note 6. Light Office Use in PDD-Cl.The only commercial use allowed in PDD-C1 is light office use,meaning offices for
conducting real estate,insurance and other similar businesses and the offices of the architectural,clerical,
engineering,legal,dental,medical and other established and recognized professions,in which only such personnel
are employed as are customarily required for the practice of such business or profession.
Note 7. Garden-style use in PDD-TH4."Garden-style"single family detached use is allowed in PDD-TH4 if authorized by
a site plan meeting the requirements of Ordinance No.1560,adopted October 12,1998,which is continued in
effect for the original site plan and for amendments and replacements of that plan.Such a site plan,after approval
by ordinance in accordance with Article 14,controls over any provision elsewhere in this ordinance.
Note 8. Attached dwellings in PDD-5F3.Any existing attached dwellings which complied with the former Schedule PDD-
TH3(Browning Townhouse PDD)at the time of their construction have PNC status,under and subject to Article 12
of this ordinance.The minimum width for interior side yards for such dwelling units is zero where there is an
existing common wall(or existing continuously-abutting separate walls)along the property line,in either case with
a four-hour fire rating or better.The minimum number of parking spaces is two per dwelling unit,and additional
guest parking is not required,notwithstanding other provisions of this ordinance or any special exception issued
under this ordinance.
Note 9. School(other).A special exception may authorize this use on sites wholly within the C District or partially within
the C District and partially within another district.
for residential use of any kind,bars or club uses,eR.tteFtainmeet venues,sexually oriented busine:ccs,auto
intensive uses,gambling establishments,surgical or emergency clinics,or any medium commercial uses.
Note 4410. Hours of operation. In the C,TCC and PDD-C1 districts,hours of operation for commercial uses shall not
unreasonably impact the residential character of adjoining residential districts.All operations,including deliveries
and other outdoor activity,shall comply with the City's noise regulations;see Chapter 54 of the Code of
Ordinances.All commercial garbage and trash collection activities shall comply with Chapter 38 of the Code of
Ordinances.
(Ord. No. 1799, § 1(ex.A),5-23-2005;Ord. No. 2005, § 1(Exh.A), 3-9-2015)
(Supp.No.43)
Page 3 of 20
General Rule:No part of any structure may be located within a part of a building site included
Table 7C-2 within a yard defined,by District,in this table.("N/A"means the rule does not apply.)
rce .:Yards Exceptions/Special Rules:(1)Structures may be located in yards to the extent allowed by the
(or'setbacks') Projections Schedule.(2)See special rules noted in table.(3)See PDD Schedules for Planned
Development Districts.(4)See additional setbacks in the PWSF Schedule.
Item Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
SF1 SF2 TH1 TH2 TH4 TH5 TH7 CI
20 feet if the building site
depth is 110 feet or less;25
feet if the building site
Distance from 20 ft. 5 ft.
Front and front street depth is more than 110 feet 10 ft.
y but not more than 125 feet; See Note 7. (Mercer (Bellaire
line. Street) Blvd.)
30 feet if the building site
depth is more than 125
feet.See Note 5.
Distance from 20 ft.
Interior side property Greater of 10%of building 5 ft. (south
side yard line(each site width or 5 feet.See See Notes 4.1 and 4.2.
propert N/A
side). Note 2. See Note 7. line) y
Distance from Greater of 10%of building 10 ft.
StreetSee
side yard sne. site to width or 5 ft.See Notes 10 ft.See Note 7. (Bissonnet) Note 8.
li
2,6.
Distance from 20 ft. 10 ft. 5 ft.
Rear yard rear property 20 ft.See Note 1. See See 20 ft. (west See
See Note 1. property Note 8.
line. Note 1. Note 1.
line)
Distance from
20
SF nearest part N/A See See 20 ft. N/A See
/
Bufferyard of an SF See Note 7. Note 8.
District Note 7. Note 7.
Note 1.Through Lots or Building Sites or Rear Through Lots or Building Sites.If a lot or building site extends all the way
through a block so that the front and rear both abut a street area,there is no rear yard.The site is a"through"or
"rear through"lot or building site,and is considered to have two front yards,one at each street frontage.Front
yard(setbacks)shall be as provided in Table 7C-2.Exceptions:1)If the site is"flag"shaped or irregular,the"flag"
portion shall have the same setback as the adjoining building sites fronting that street;2)If a through lot abuts a
Major Thoroughfare and a local street and has a lot depth less than 160 feet,then the lot shall have a front yard
on the local street and a back yard on the Major Thoroughfare.Provided,further,there shall be no vehicular
access to the street adjacent to the back yard;3)If a through lot abuts Auden Street and a dead-end street,then
the lot shall have a front yard on Auden Street and a back yard on the dead-end street.Provided,further,there
shall be no vehicular access to the street adjacent to the back yard.
Note 2.Narrow Site"3/7"Exception.Alternate side yard areas apply to a building site meeting all four of the following
criteria:(A)The building site is less than 55 feet wide.(B)The use is single-family(detached)use.(C)Outside the
rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a"prior building"
on another building site(unless there are"prior buildings"on both sides,each within seven feet of the property
line,in which case the minimum separation from a"prior building"is eight feet).A"prior building"is a building in
existence,under construction or covered by a current building permit when a building permit is issued for the
subsequent building.(D)The owner has designated alternate side setback areas in a form approved by the
administrative official and in accordance with all of the following criteria:(1)Minimum setback,interior:3 feet.(2)
Minimum setback,street side:5 feet.(3)Minimum setbacks,both sides combined:greater of 10 feet or 20%of the
building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7C-5a
regarding"alternating driveway"rule.
(Supp.No.43)
Page 4 of 20
Note 3.Rotated Corners.For rotated corner building sites(SF 1 District owly),the minimum side street yard width is:(i)
measured from the side street line.
Note 443.Common Walls.In the TH,GR 2,C,and all PDD-TH districts,the ZBA may issue a special exception for a zero-
width side yard,but only upon application by both property owners and only if the special exception is conditioned
upon the construction and maintenance of a common wall or continuously abutting separate walls(in either case
with a four-hour fire rating or better)along the property line.See,also,Note 7,below,for QMDS.
Note 44.Common Walls in New Townhouse Construction.In all PDD-TH districts,where new townhouses are
concurrently constructed on two or more abutting building sites along a block face,zero-width side yards are
allowed by right wherever a common wall or continuously abutting separate walls will be constructed and
maintained(in either case with a four-hour fire rating or better)along the property line.On each building site that
contains the end townhouse in a row of attached townhouses on abutting sites,the interior side yard
requirement,or the street side yard requirement for a corner site,shall apply along the side property line where a
common wall or continuously abutting separate walls will not be constructed.See,also,Note 7,below,for QMDS.
Note 5.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a
major thoroughfare,if the front yard prescribed is at least 10 feet deep,and if the special exception requires the
greatest practicable amount of pervious area in the front yard.
Note 6.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See
Article 8.
Note 7. Yards In QMDS. In a QMDS,yards are only required around the perimeter of the subdivision and are designated
by the subdivision plat.See definition of QMDS.Standard projections into QMDS yards are allowed per the
Projections Schedule.In addition:
(a) Front yard(CR 1 or CR 2 Only):A principal building with-an intemel access garage may project as close as 10
space(open or screened)and no dimension smaller than seven feet;(b)above the porch or court,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 eau-ft);(c)the Bernice height does not exceed 27 feet;(d)there
arc no more than 2.5 stories;and(c)there is no garage space.
(ha) Front yard:Bay windows,canopies and balconies at least 18 inches above grade may project up to 24 inches
beyond the principal building.Steps and handrails may project up to 30 inches beyond the principal building.
(eb) Rear Yard and SF Bufferyard.Buildings up to 10 feet high(measured from finished grade to top of roof plate)
may project,but not closer than 10 feet to the property line.
Note 8. Yards in PDD-Cl. In PDD-C1,the yards and street lines are as follows,notwithstanding other provisions of this
ordinance:(i)The rear yard is the area within 20 feet of the rear property line(the line farthest from Bellaire Blvd.)
of any building site,and for this purpose,the said rear property line shall be not in excess of 120 feet from the
north right-of-way line of Bellaire Blvd.Exception:The rear yard upon Lot 2,Block 35,Colonial Terrace Addition
(also known as the south 140 feet of Tract 9,Cambridge Place)is the area within 40 feet of the rear property line
of said lot,said rear property line being located 140 north of the north right-of-way line of Bellaire Blvd.(ii)The
street side yard 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 line where the street area is more 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 common boundary with Bellaire
Boulevard).Any area outside of a building line established by ordinance or by recorded plat is considered part of
the corresponding yard.
Note 9. Yards in TCC.In TCC,the front street line is designated as the common boundary of the building site and the
(Ord. No. 3013, §2(Exh.A),4-12-2021)
(Supp.No.43)
Page 5 of 20
General Rule:Every building site must have the minimum open and pervious areas shown,by
Table 7C-37-Gent,:Open& District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See
Pervious Areas PDD Schedules for planned development districts.(2)See special rules noted in table.(3)See
the Projections Schedule for details about calculating open and pervious areas.
Item Measurement PDD-SF1 I PDD-SF2 PDD-TH1 I PDD-TH2 J PDD-TH4 I PDD-THS I PDD-TH7 PDD-C1
Open Front yard,
minimum 60%. N/A N/A
area
percentage.
Rear yard,
minimum 60%.See Note 1. N/A N/A
percentage.
See Note 6.
Entire
building site, 45% 25% N/A
minimum
percentage.
Front yard,
Pervious minimum 50%See Note 7. 50%See Note 2. N/A
area
percentage
Entire
building site, 35% 15% N/A
minimum
percentage
Landscaping
Required,except for SFD uses on building sites with 5,000 sq.ft.or more.See Notes 3 and S.
strips
For SFD uses on building sites with 5,000 sq.ft.or more,there must be at least one qualified
Qualified tree in the front yard or in the adjacent street area.For all other uses,each qualified tree
trees required by this ordinance or Chapter 82 of the Code of Ordinance must 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 82.
Pervious In a QMDS only,pervious pavement is allowed to be used for all vehicular areas,and part of it
pavement may count as pervious area.See Note 4.
Parking Each parking area containing 21 or more parking spaces must contain interior pervious areas in
areas,interior
"island"or"peninsula"configurations aggregating in area at least two square feet for each
parking space.
Note 1.Rear Yard Adjacent to Non-SF.The ZBA may issue a special exception to reduce the requirement for open area in
a rear yard in a SF District to not less than 40%,if the rear yard abuts a non-SF District.
Note 2.Pervious Area in QMDS.Front yard minimum pervious area requirement in a QMDS is 40%.,or 30%for a front
yard in a QMDS"low-impact motor court."
Note 3.Landscaping Strips.Vegetated pervious areas required as follows:(a)minimum five feet wide adjacent to each
street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide
to separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not
required along alleys or where they must be crossed by sidewalks or driveways.Strips along street areas must
have live,evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of
Ordinances(maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or
trees,upon a showing that(i)the spacing is allowed by standard urban forestry criteria for the particular species
and location and(ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a
landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular
landscaping will,in all probability,be allowed to remain intact for at least 50 years and that it can be maintained
and will function as well as a strip located completely on private property.
Note 4.Pervious Pavement.In a QMDS,the area of the holes or gaps(if actually pervious)counts toward pervious area
requirements(but no more than 30%out of any area with pervious pavement may count).
(Supp.No.43)
Page 6 of 20
Note 5. Visual Buffer Zone. In TCC,along the east edge of each property a landscaped buffer zone shall be established
consisting of trees,shrubs,and other durable vegetation adequate to minimize the transmittal of light and provide
a visual buffer between a use in TCC and adjacent SF district properties.Evergreen shrubs shall be planted to form
a continuous hedge with no gaps.Shrubs shall be hardy species that will withstand freezing temperatures.The
plants shall be at least 18 inches in height as measured from the surrounding soil line and shall have a maximum
18 inch width at the widest portion when planted.Shrubs shall be capable of growth to not less than 48 inches in
height when measured from the surrounding soil line and shall form a continuous hedge within three annual
growing seasons.Shrubs shall be maintained at a height that does not interfere with overhead utility lines.Trees
planted in the buffer zone shall not interfere with overhead utility lines.
Note 6.0Id Stock Housing.The ZBA may issue a special exception to reduce the open area requirement in the rear yard,if
the ZBA determines:(i)the reduction is reasonably necessary to preserve or protect old stock housing as it then
exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the
site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on
the site when the principal building was built,before 1980);and(ii)there will be no substantial adverse impact
upon nearby properties.
Note 7.All pervious areas in a front yard must be natural vegetation or landscape areas that receive rainwater and allow
it to pass through or be absorbed.
(Ord. No. 1798,§ 1(ex.A),5-23-2005;Ord. No. 1800, § 1(ex.A),5-23-2005;Ord. No. 1872, § 1(ex.A),4-28-2008;
Ord. No. 2005, § 1(Exh.A),3-9-2015;Ord. No.3014,§2(Exh.A),4-12-2021)
(Supp.No.43)
Page 7 of 20
General Rule:Every building site,garage space and related structure must
Table 7C-4a,sent.:Garage Space conform to the applicable regulations shown,by District,in this table.("N/A"
Areas means the rule does not apply.)Exceptions/Special Rules:(1)See special rules
noted in table.(2)See Article 9 regarding Planned Development Districts.(3)See
Note 1 regarding special exceptions.
Item Regulation PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl
Minimum 2.0(1.0
per DU for old
stock housing);
each must be
Garage space,in Garage parking enclosed or semi-
general spaces.See Article enclosed and Minimum 2.0 per DU;must be enclosed. N/A
10 adjoin a driveway.
Maximum 1.0 per
2,225 of building
site area,not to
exceed 4.0.
10 feet wide,20
Minimum garage feet deep(for
parking space each required 10 feet wide,20 feet deep(for each required N/A
dimensions garage parking garage parking space).
space).
Garage doors or
Maneuvering area See Article 10 N/A
openings
Prohibited unless:
(i)the garage
door is set back
ten feet or more
from the front
yard,and(ii)
there is only open
area above the
driveway for at
least seven feet
inward from the
Door or opening
front yard,and (May affect eligibility as QMDS.See definitions in
facing front street N/A
line. (iii)any structure Article 2)
above the
driveway(and
within ten feet of
the front yard)
must be
cantilevered or
suspended from
the building(no
special posts or
vertical supports
being allowed).
Prohibited unless:
(i)the garage
Door or opening door is set back (May affect eligibility as QMDS.See definitions in
facing side street ten feet or more N/A
line from the side Article 2)
street line,and(ii)
there is only open
(Supp.No.43)
Page 8 of 20
area above the
driveway for 10 at
least seven feet
inward from the
side street line,
and(iii)any
structure above
the driveway(and
within ten feet of
the side street
line)must be
cantilevered or
suspended from
the building(no
special posts or
vertical supports
being allowed).
Max.600 sq.ft.
Garage accessory Limit on non- GFA in any
buildings garage space accessory building N/A N/A
containing garage
space.
Note 1.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway in another
location or with a different design than prescribed by this table,if it finds that:(i)the other location or design will
not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and
similar needs;(ii)the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the
remodeling of a principal building,the location requested is the same location as an existing parking area,garage
or driveway;or(iv)the location or design requested is necessary for safety considerations.
(Supp. No.43)
Page 9 of 20
General Rule:Every structure must conform to the applicable regulations shown,by
Table 7C-4breewt.:Buildings District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)
See special rules noted in table.(2)See Article 9 regarding Planned Development Districts.
Item Regulation PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl
Maximum One plus
Dwelling units number per One,plus one AQ 17.5 per acre.See Note 98. one AQ
building site
100%for all
Maximum
Framed area, dwelling
area as a 100%.
all buildings types other
percentage 80% See 100%.See Note 4. N/A
on a building than TH;
site of building Note 4. 125%for TH.
site area
See Note 4.
Length or Maximum
width,any horizontal N/A 130 feet.See Note 3. N/A
building dimension
Exterior
materials,any Type N/A Must be of equal grade and quality,all sides.See Section 8-104
building.
Separation of Fire-ratedN/A A four-hour firewall,or its equivalent,must separate adjoining
DU's wall dwelling units.See Notes 3 and 5.See also Note 189(PDD-TH7 only)
SF privacy
See Note 8. N/A Applies.See Note 87.See also Note 189(PDD-TH7 only) N/A
protection
Accessory Maximum
buildings number per N/A 3 N/A
See Article 10 building site
regarding Height, 35 ft.See
25 ft.
garage space. maximum Note 2.
Stories, 2 and one-half 3 N/A
maximum
Height, 35,25 in rear yard.
maximum,in See Notes 1 and 35.See Notes 1,-76 and 1411. 35
Principal feet 1411
buildings
Minimum
gross floor
1,400 each DU 1,200 each DU 1,6001,300
area,square each DU
feet
Width,feet
(min,), N/A 16,each DU N/A
outside to
outside
Height and
screening of See Note
rooftop4410 N/A Applies
mechanical —
equipment
Note 1.Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district
may project up to four feet above the roof.The maximum height of chimneys attached to a principal building is
the greater of 35 feet or four feet above the roof.
Note 2.Height In POD-C1 District.In the PDD-Cl District,no part of any structure(except a fence)may be higher than the
horizontal distance from that part to the nearest part of an SF District.
(Supp.No.43)
Page 10 of 20
Note 3.Building Detail,TH7 PDD-TH and-GR Districts.To separate buildings,there must be open area at least five feet
wide maintained so that firefighters with hoses could pass through.
Note 4.Framed Area In QMDS.Allowed square footage for a given building site is calculated by multiplying the allowable
percentage by(a)the building site's area plus(b)an allocated part of any common use areas in the same QMDS
(e.g.,access easements,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 same QMDS.
Note 5.Building Code.Separation requirements are in addition to other requirements of building codes and other
ordinances.See Code of Ordinances.
Note 6.Height in GR 1,CR 2.Principal built Ings-i-GR 1 or GR 2 13istricts may be three stories high,but subject to the
lower height limits prescribed for projecting spaces.Sec Table 7 2,Note 7.
Note.76.Certain Projecting Buildings.Special height rules apply to buildings projecting into yards.See Tables 7C-2 and
7C-6.
Note 87.SF privacy protection.On a building site where this applies,there may not be a direct sight line from any"third-
floor viewpoint"to any point in an"SF privacy zone."A"third-floor viewpoint"is any viewpoint on a"third-floor
area"at eye level(six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor
is 18 feet or higher.The"SF privacy zone"includes every point:(i)within 100 feet of the third floor viewpoint in
question,(ii)on a building site in an SF District,and(iii)below 20 feet in height.See Figure SFP.
Note 818.Calculation of DU's Per Acre.In a QMDS only,the total number of DU's is divided by the total acreage of the
QMDS to calculate the number of DU's per acre.
Note 109.Spacing of Dwelling Units in PDD-TH7.Except where dwelling units are separated by common walls,the
minimum distance between dwelling units shall be as follows:(i)No part of any dwelling unit may be closer than
five feet to another dwelling unit.(ii)No window may be closer than 50 feet to a facing window to living space in
another dwelling unit.(iii)Neither eaves nor balconies may be closer than 40 feet to a facing window to living
space in another dwelling unit.(iv)Neither windows to living space nor balconies may be closer than 20 feet to any
facing wall of another dwelling unit.
Note 1110.Rooftop Mechanical Equipment.In the C,TCC and PDD-C1 districts,any rooftop mechanical equipment,
whether new or replacement equipment,shall be accommodated within the maximum building height limit and
shall be fully screened from off-site and street area views through design and materials consistent with the overall
design and colors of the principal building.This may include use of sloped roofs,a low parapet wall or other
architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all
such building features comply with and do not project above the maximum building height limit.
Note 12.Building Placement and Maximum-Height in TCC. In TC-C,the fellewing height restriction shall apply:(i)Principal
buildings shall be located in the front 60 feet of the bt+i1E#ing site and shall be limited to 2 stories and 35 feet in
height,including any rooftop mechanical-eq-alp;e;t.(4)-Acstructures shall be located in the rear 70 feet of
the building site and shall be limited to 35 feet in height,including any rooftop mechanical equipment.(iii)Any
rooftop mechanical equipment,whether new or replacement,shall-be fully screened from off site and street area
Note 13.Street Level Orientation in TGC.In TGC,the feet fleer of all +ildings shall be at grade level.Elevated structures
with open areas or parking below the second floor arc not permitted.
Note 4411.Height of Flood Loss Structures.The roof height of existing flood loss structures that are being raised to meet
floodplain regulations may exceed the existing roof height by an amount equal to the distance the structure is
elevated.In no case may the maximum roof height exceed 39 feet and 27 feet in the rear yard setback.
(Ord. No. 2075, § 1(Att.A),6-10-2019)
(Supp.No.43)
Page 11 of 20
General Rule:Every building site,vehicular area and related
structure must conform to the applicable regulations shown,by
Table 7C-5a,-GenF.i District,in this table.("N&A"means the rule does not apply.)
Parking,driveways,etc. Exceptions/Special Rules:(1)See special rules noted in table.(3)
See Article 9 regarding Planned Development Districts.(3)See
Note 7 regarding special exceptions.(4)See Article 10.
Item Regulation PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl
Off-street parking spaces Depends on land use,layout,etc.See this Table, Table 7C-4a,and
and parking areas Number,location,size,
Article 10(including maneuvering areas,design requirements,
Other regulations apply; design "same site"rule,yards,street areas,loading spaces,etc.).
see,e.g.Article 10
Grouping or sharing. Not allowed,except in a QMDS platted parking reserve serving
two or more DU's.But see Note 2.
Use of parking areas Parking spaces for non-SFD uses may only be used for motor
vehicle parking.See Note 3.
Maneuvering areas See Article 10
Minimum width 20 ft,via public or private street,to each principal building and
Emergency accessway See Note 1. each DU(or to an adjacent open area accessible to firefighters and
equipment).Other regulations also apply,e.g,fire code.
Minimum width For SFD use:nine ft.
For non-SFD residential use: 10 feet,or 17 feet if two-way and
See Note 1. serving three or more DU's.
For SFD use:(i)Driveway serving any single-bay garage: 12 feet.
(ii)Driveway in a front yard serving rear garage or side-facing
Maximum width(in front garage:12 feet.(iii)Driveway in side street area of a corner site
yard or street area) serving a side-facing garage with three or more bays:30 feet;(iv)
See Note 1. Any other driveway:20 feet.For other residential uses:24 ft.(or
Driveways and private 35 feet if connecting to a major thoroughfare).For all other uses:
streets 30 feet(or 35 feet if connecting to a major thoroughfare).
Other regulations apply; For non-SFD uses:160 feet,driving distance to the nearest street
see,e.g.Article 10 area,measured along centerline from farthest end point.A longer
Maximum length driveway is allowed if there is an approved turnaround or second
means of egress,or if the driveway is platted as part of the
common area in a QMDS.
Route,location See Note 6 NWA
For non-SFD uses:There must be at least 40 feet between the
Spacing "inside"apron edges(at their narrowest points)of driveways
serving the same building site.
For SFD use:Hard-surfaced or pervious pavement required for
each required driveway and parking space;twin"ribbons"of
Required type pavement are permitted.For all other uses:Reinforced concrete,
Pavement See Note 4. with curbs and drains required for all vehicular areas.Exceptions:
(i)See Table 7C-3(pervious pavement)and Note 4,below.(ii)See
Article 10 regarding"overhang."
Markings;wheel stops. Required type For non-SFD uses:Parking spaces must be clearly marked on the
pavement,and wheel stops are required.See Note 12.
Curb cuts For SFD use:Maximum one per designated building site abutting
Number the street.For non-SFD uses:Maximum one per 50-ft.segment of
Other regulations apply;
street line.See Note 5.
see,e.g.Article 10 and
Chapter 70 of the Code of Max.width per 50 ft. Four feet(for aprons)plus the maximum driveway width allowed.
Ordinances. segment of street line Each curb cut must be confined to the part of the street area that
directly abuts the building site(s)served.See Note 1.
Visibility triangles Forbidden structures, See Chapter 82 of the Code of Ordinances.
plants and other things
(Supp. No.43)
Page 12 of 20
Note 1. Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for
non-SFD use,pavement.Maximum driveway width refers to maximum width of pavement in a front yard or street
area,excluding complying curb cut aprons.Maximum curb cut width refers to the width of the driveway plus
aprons,measured at the edge of the roadway.
Note 2.Grouped or shared parking.Article 10 also provides for a special exception,in certain circumstances.
Note 3.Parking exclusivity(non-SFD uses).Required parking spaces must be kept open,readily accessible and used for
parking only,with no sales,dead storage,display,repair work,dismantling or servicing of any kind.Required guest
parking spaces must be kept open and reserved for that use only.
Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement
designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement
related to water runoff.
Note 5.Curb cuts.The ZBA may issue a special exception for additional curb cuts.Exception:The Administrative Official
may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts
for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances.These additional curb cuts are
not prohibited and do not require a special exception.
Note 6.Route;Alternating Driveways.Each driveway must connect garage space to the street by the most direct route.
On narrow sites where alternate side yard areas apply(see"Yards"table),the following special restrictions also
apply:(A)there must be a driveway located as nearly as practicable to one side of the site;(B)the side is
determined in accordance with the established driveway pattern for the block face in question,if there is such a
pattern;and(C)if there is no such pattern,and if there is an adjacent driveway on one adjoining building site but
not the other,the driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this
paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City,and(ii)
a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid
destroying or seriously injuring a tree.
Note 7.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway(or other
maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that:
(i)the other location or design will not unreasonably interfere with available light and air and will not significantly
alter access for fire-fighting and similar needs;(ii)the other location or design will prevent the destruction of a
qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location
as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety
considerations.
Note 8.Curb Cuts in PDD-THI.(i)If a building site abuts both Bellaire Boulevard and another street,then all vehicular
access shall be from the other street,and no more than two curb cuts shall be allowed.However,in the case of the
development of Lots 6,7,8,9 and the east ten feet of Lot 10,Block 1,Kent Place Addition,if Lot 6 is included in
the same building site or in a joint development with the other lots,vehicular access shall be limited to one curb
cut on Mercer Street.(ii)If a building site abuts only Bellaire Boulevard,vehicular access shall be limited to two
curb cuts.
Note 9.Curb Cuts in PDD-THS.(i)If a building site abuts both Academy and Bissonnet,no curb cuts on Bissonnet and no
more than two curb cuts on Academy are permitted.(ii)If a building site abuts only Bissonnet,there may be no
more than two curb cuts.
Note 10.Driveways in PDD-TH7.Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in length,or 200 feet if a
terminus is provided with dimensions adequate for turning.
Note 11.Curb Cuts in PDD-TH2.(i) If a building site abuts both Kirby Drive and another street,there may be one curb cut
on Kirby Drive and on each other abutting street.(ii)If a building site abuts only Kirby Drive,vehicular access shall
be limited to two curb cuts.
Note 12.Curbs as Wheel Stops.Curbs may be used as wheel stops.Area outside a curb-wheel stop counts toward
minimum parking space dimensions if actually usable as"overhang"and not needed for maneuvering area.
(Ord. No. 1925,§ 1(ex.A),8-9-2010;Ord. No. 1977, § 1(Exh.A), 5-20-2013;Ord. No. 2005, § 1(Exh.A),3-9-2015;
Ord. No.2030, §1(Att.A),2-27-2017;Ord. No. 3014, §2(Exh.A),4-12-2021)
(Supp.No.43)
Page 13 of 20
Table 7C Sb,eewt.: General Rule:Every structure must conform to the applicable regulations shown,by District,in
Certain Structures this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules
noted in table.(3)See Article 9 regarding Planned Development Districts.
Item Regulation PDD-SF-1 I PDD-SF-2 PDD-TH1 I PDD-TH2 I PDD-TH4 1 PDD-TH5 PDD-TH7 PDD-C1
Maximum
Swimming
number
pools per One.See Note 1. See Note 2.
building
site
Maximum
number One(may only be a
Tennis
courts per private tennis court).
building See Note 1.
site
All
structures Height, 35 ft.See
25 feet.But see"Buildings"table for certain building height limits.
See,also, maximum Note 3.
Article 8
Note 1. Tennis Courts.,Swimming Pools in SF Districts.Each tennis court in a SF District must:(i)be a private accessory
structure for a single building site,(ii)be used for residential purposes only,(iii)be open to the sky,but enclosed
and screened to a height of at least eight feet on all sides,and(iv)never be lighted for play.Each swimming pool in
an SF District must be a private accessory structure for a single building site and used for residential purposes only.
Note 2. Swimming Pools, Tennis Courts In TH Districts.The ZBA may issue a special exception for a tennis court or a
swimming pool if the ZBA finds that the proposed facility will not create a drainage or noise problem and will not
cause a significant increase in traffic on nearby streets.Tennis courts and swimming pools must comply with the
tennis court and swimming pool regulations in the SF Districts,but may serve commonly-platted or restricted sites.
See Note 1.
Note 3. Height in PDD-CI District.In the PDD-C1 District,no part of any structure(except a fence)may be higher than
the horizontal distance from that part to the nearest part of an SF District.
Note 4. Utility Poles.An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high,if the
administrative official certifies that the additional height is necessary to separate wires of different voltages and
capacities from each other and from the ground,applying standard technical codes and utility safety guidelines.
(Supp.No.43)
Page 14 of 20
General Rule:This table prescribes the minimum dimensions for building
sites,by District.("DU"means"dwelling unit.")Exceptions/Special Rules:
Table 7C-6:Building Site Dimensions (1)See PDD Schedules for planned development districts.(2)See special
notes in table.(3)The Z&PC may establish different dimensions by
approving a plan,plat or replat(see Article 5).
PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Measurement SF-1 SF-2 TH1 TH2 11-14 TH5 TH7 Cl
Old building sites Width,
(before October 24,1987) 50 ft. N/A 50 ft.
See Notes 1 and 2. minimum
Depth, 100 ft. N/A N/A
minimum
Area 5,000 5,000
minimum sq.ft. 2,000 sq.ft.per DU sa ft
New building sites Width,
(on or after October 24,1987) 75 ft. N/A 50 ft.
minimum
See Note 3.
Depth, 110 ft. N/A N/A
minimum
Area 8,250 5,000
minimum sg•ft• 2.000 sq.ft.per DU sg ft
Note 3. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of 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 twenty consecutive years prior to the 1987 effective date,
under circumstances where there was no additional land used for the building site,and(ii)was created by
subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical
encroachments,or as specifically allowed by Article 5.
Note 4. 4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width
and at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the
city council or the Z&PC,(ii)has not been made smaller thereafter for any reason.
Note 3. Certain Re-Subdivisions After October 24,1987.A subdivided lot in a SF-1,SF-3 or GR-1 District may be further
subdivided to produce a building site with 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,rules and regulations are
followed and one of the following three sets of circumstances is present:(A)All portions of the subdivided lots are
added to adjoining subdivided lots.(8)The number 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(ii)a width greater than or
equal to the width of the narrowest lot before the re-subdivision;provided that no resulting lot is irregularly 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.
(Supp.No.43)
Page 15 of 20
Table 7 6.Projections Schedule
General Rule:This schedule describes certain structures which are allowed to
Table 7C-7.Projections Schedule "project"into yards(or setbacks).It also provides special rules for calculating
open and pervious areas affected by such structures.See the"Yards(or
'setbacks')"and the"Open&Pervious Areas"tables.
Maximum Allowed Projection(In Inches),Measured from Special Rules For
Type of Structure The Inside Edge of The Yard Calculating Open
&Pervious Areas
Front Yard Rear Yard Side Yard SF Bufferyard
Items above ground
level:Eaves,
cornices,roof 24"except
extensions, that no
"greenhouse"and item below
bay windows(no the eave
15"See 15"See The area does
floor space),window 15"See Notes 1.1 may be Notes 1.1 not count as
sills,cantilevered Note 1.1. closer than
building space, and 13 36"to the and 13. open area.
window boxes,belt SPL.See
courses,window air Notes 1.1
conditioners and and 13.
similar parts of
buildings.
12"except
Items at and above that no
ground level: item below
Chimneys/fireplaces the eave The area does
Buildings 15"See 15"See
g (with cross-sectional 15" Notes 1.1 may be Notes 1.1 not count as
Attached areas of 8 square closer than either open or
Structures feet or less) and 13. 36"to the and 13.
pervious area.
and similar parts of SPL.See
buildings. Notes 1.1
and 13.
The area does
not count as
either open or
Porches/platforms/d 0,but see pervious area.
ecks higher than 14 Note 1.2. 0 See Notes 0 See Notes 0 See Notes The area beneath
inches,and similar
structures attached See Note 1.1 and 13. 1.1 and 13. 1.1 and 13. a deck may count
to a building. 1.1. as pervious area
if rain is allowed
to pass through
the deck.
The area does
Steps not higher 120"See 0 See Notes 0.See Notes 0.See Notes not count as
than the first floor Note 1.1. 1.1 and 13. 1.1 and 13. 1.1 and 13. either open or
level.
pervious area.
(Supp.No.43)
Page 16 of 20
Items near ground
level:porches, The area counts
platforms and decks as open area.
higher than six No limit. The area beneath
inches but not 120"See See Note 0 See Note No limit a deck may count
higher than 14 Note 1.1. 1.1. 13. as pervious area
if rain is allowed
inches,and similar
structures attached to pass through
the deck.
to buildings
Other parts of 0,but see 0,but see 0but see
buildings and 0,but see The area does
Notes 3 and Note 3.See not count as
structures attached Note 2.See 4.See Notes Note, S.See Notes 1.1 either open or
to buildings. Note 1.1. 1.1 and 13. Note 13. and 13. pervious area.
The area counts
Sidewalks,patios, as open area but
porches/platforms/d not as pervious
ecks,retaining walls, area unless the
driveways,parking material is
No limit,
areas and similar except that completely
Ground level and structures not pervious to
underground higher than six decks may No limit No limit No limit water.The area
not project
items inches;all beneath a deck
underground more than may count as
120"
structures.See also pervious area if
Table rain is allowed to
7C-3 regarding pass through the
pervious pavement. deck.See Table
7C-3.
Air conditioning
equipment,pool The area does
equipment,and not count as
similar freestanding 0 See Note 6. See Note 6. 0 either open or
Mechanical mechanical pervious area.
Equipment equipment
The area may
Utility meters and count as both
related apparatus 0 No limit 15" 12" open area and
pervious area.
No limit The area may
generally, count as
Basketball goals 120" No limit but see No limit both open area
Note 7. and pervious
Certain Accessory area.
Structures
The area may
Playground count as
equipment
0 No limit 0 No limit both open area
and pervious
area.
(Supp. No.43)
Page 17 of 20
The area may
count as
Flagpoles 120" 0 0 0 both open area
and pervious
area.
0,but see No limit, The area does
Fences Notes 8.1, No limit but see No limit not count as
8.2,and 12. Notes 8.1, either open or
8.2 and 11. pervious area.
The area counts
0,but see 0,but see as open area.
Swimming pools 0 No limit Only the water
Note 9 Note 9.
area counts as
pervious area.
The area counts
as open
Tennis courts(with area but not
0 0 0 No limit
associated screens) pervious area
(unless the area
is made of grass).
No limit No limit No limit The area may
No limit
Lights and generally, generally, generally, count as both
lampposts but see but see but see generally,but open area and
Note 10. Note 10. Note 10. see Note 10. pervious area.
The area may
Gate closers 24" No limit No limit No limit count as both
open area and
pervious area.
The area does
Signs(see Code of not count as
No limit 0 0 0
Ordinances) either open or
pervious area.
Note 1.1.Projections in QMDS.See QMDS Schedule.
Note 1.2.Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch
may project up to 120 inches into the front yard if it meets all of the following criteria:
(i) It is neither designed nor usable for motor vehicles;
(ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line
(Example:the maximum projecting volume on a 52%-foot wide site would be 50 cubic feet x 52.5,or 2,625
cubic feet);
(iii) The porch's outside perimeter is open and unobstructed,except for the following features:(a)Ordinary
window screens.(b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor.(c)
Supporting vertical columns,if the total width of the outer faces of the columns does not exceed either 50%
of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized
porch.The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The
"maximum-sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited
by the open area requirement for the front yard.The"outside perimeter"of a porch is the portion of the
perimeter out in the front yard;it does not include the portion of the perimeter adjacent to a building or
lying along the front setback line;
(Supp.No.43)
Page 18 of 20
(iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example:
if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and
(v) No projecting balcony or enclosed,habitable space shall be constructed or placed above the ceiling of a
projected porch.
Note 2.Gas Pipeline Sites.A principal building may project into the front yard if:(a)the building site includes land in the
rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a
gas transmission(not distribution)pipeline;(b)no part of the principal building,except items that are otherwise
allowed to project into front setback areas,is within twenty feet of the front street line;and(c)The entrance to
garage space is not closer than thirty feet to the front street line.
Note 3.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of
the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF
District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear
or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line
of the other building site),except for translucent(but not transparent),non-operable openings.(c)Space in any
projecting building may only be used for single-family(detached)use.(d)A principal building may not project
unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600
square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10.
Note 4.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or
gas transmission(not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility
easement or drainage easement,unless each entity claiming an interest in the easement grants its consent or
acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the
normal restrictions for rear yard projections do not apply(see notes above).
Note 5.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it
meets all of the following criteria:(a)No part of the building may be closer than three feet to the side property
line.Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space
above the garage(plus stairway and eaves).(c)Any projecting part must be at least seventy feet from the front
street line.(d)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),the
building may have no window,door or other opening above the ground floor(and facing the property line of the
other building site).Exception:There may be translucent(but not transparent),non-operable openings.
Note 6.Equipment in Rear or Side Yard.
REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any
building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the
equipment; b if the equipment occu ies anypart of an easement under the control of the City,the City has
( ) P
issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally
granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of
the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the
minimum level of the lowest floor of the principal building,as established by the City's flood damage
prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five
feet of any property line,the equipment is fully encased in a sound-absorbing cabinet or is otherwise
designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of
Ordinances.
SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a
property line)only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated
to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment
replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire
marshal determines that such projection will not significantly interfere with emergency access,either on the
same site or on another site.
NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If
older equipment was lawfully installed on an elevated structure in a rear yard,replacement equipment may
be installed on the same structure.If the older equipment was lawfully installed without the required
separating wall,the wall must be provided,but it may be either solid or at least 50%solid(e.g.,lattice).All
other rules apply.
(Supp.No.43)
Page 19 of 20
Note 7.Basketball Goals.No part of the equipment may be closer than ten feet to any street line.
Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by city
ordinance(e.g.,provisions in Chapter 18 of the Code of Ordinances;provisions in PDD schedules for front fences).
Also in the Code of Ordinances,there are:(i)requirements for emergency portals in fences(Chapter 18)and(ii)
restrictions on fences,certain"fence-like hedges"and other things in visibility areas(Chapter 82).In a QMDS low
fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets.
Note 8.2.Fence-like hedges. Fence-like hedges within the front yard(setback)of a building site containing no principal
building are prohibited.This provision applies to all adjacent side yard building sites and rear through building
sites.Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as
contained in Chapter 82 of the Code of Ordinances.
Note 9.Swimming Pools. Except as specifically allowed by another ordinance of the City governing setbacks for swimming
pools and appurtenances.
Note 10.Lampposts.Maximum diameter of projecting posts is six inches;maximum height is eight feet.
Note 11.Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance,no fence
is allowed in the side street yard of a rotated corner building site(SF-1 District),except for temporary construction
fences required by Chapter 18 of the Code of Ordinances.
Note 12.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 permissive provisions elsewhere may also apply.
Note 13.Old Stock Housing.The ZBA may issue a special exception to authorize projection of buildings and attached
structures into a side yard,rear yard or an SF Bufferyard,if the ZBA determines:(i)the projection is reasonably
necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or
expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400
square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built,
before 1980);and(ii)there will be no substantial adverse impact upon nearby properties.
(Ord. No. 1797, § 1(ex.A),5-23-2005;Ord. No. 1798,§ 1(ex.A),5-23-2005;Ord. No. 1799, § 1(ex.A),5-23-2005;
Ord. No. 1840, § 1(ex.A),4-23-2007;Ord. No. 1869, § 1(ex.A),4-28-2008;Ord. No. 1870, § 1(ex.A),4-28-2008;
Ord. No. 1871,§ 1(ex.A),4-28-2008;Ord. No. 1872, § 1(ex.A),4-28-2008;Ord. No. 1878, § 1(ex.A),8-25-2008;
Ord. No. 1879, § 1(ex.A),8-25-2008;Ord. No. 1925, § 1(ex.A),8-9-2010;Ord. No. 1979, § 1(Exh.A),5-20-2013;
Ord. No. 2081, § 1(Exh.A),9-23-2019)
(Supp. No 43)
Page 20 of 20
PART II-CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 8.ADDITIONAL REGULATIONS
ARTICLE 8. ADDITIONAL REGULATIONS
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 of non-building structures per building site is not generally restricted, but each one
must be accessory to a lawful use of the building site.
(b) Accessory 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. But see,Table 7A-1, Note 2.
(c) Density Compliance.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 Required. Each building site must have the transition features required by this section if it lies directly
across the street from, or within 20 feet of,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) Fence 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 must be finished.
Exception: In PDD-C1,the fence or wall must be at least six, but not more than seven,feet high.
(c) Across-Street Requirement. 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.
West University Place,Texas,Code of Ordinances Created: 2023-05-09 15:30:22 [EST]
(Supp.No.43)
Page 1 of 6
Section 8-104. Nonresidential sites and buildings.
(a) Buildings, Entrances, 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 primary 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. Exception:This does not apply to temporary driveway access authorized by
a special city permit, if the permit is issued in connection with nearby construction or other temporary
conditions.Such a permit may not have a term longer than two years, may not authorize destruction of any
large tree(see Code of Ordinances)and must require restoration of the affected driveway area to its pre-
existing condition.
(b) Buildings in C District. If a building site with a non-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) Building 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 glass.
(d) Building Materials in TCC District. In the TCC District, all structures shall have exterior finishes that are
consistent with those of the religious,governmental and educational facilities located in the town center
area. Examples of acceptable finishes include brick, natural and cast stone,and store front glazing systems.
Structural frames shall be constructed of steel or reinforced concrete.
(e) Limitation on Outdoor Customer Service Areas. When a building site with a nonresidential use abuts a
residential property,any outdoor seating,assembly or other area that is partially or entirely outside a
building and intended for patronage by or service to customers of the non-residential use shall be located
only in front of a line connecting the midpoints of the two opposite side property lines of the building site.
Any such outdoor activity shall also comply with the city's noise regulations;see chapter 54 of the Code of
Ordinances.
(Ord. No. 1750, 11-24-2003;Ord. No. 2005, § 1(Exh.A), 3-9-2015)
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. Outdoor lighting.
Note:All outdoor lighting regulations have been moved to chapter 54, article IX,outdoor lighting regulations.
Ord. No. 3004, 1(Exh.
( § A), 12-7-2020
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Section 8-108. Sexually oriented businesses.
(a) Spacing. Notwithstanding any other provision 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) Measurement. 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 interfere with sight lines or other safety factors.
(b) Minimum 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:
Width of Building Site Minimum Street Side Yard
Less than 60 feet 10 feet
60 feet or more, but less than 70 feet 15 feet
70 feet or more, but less than 80 feet 20 feet
80 feet or more The same setback distance which would be
required if the side street line were the front
street line (i.e.,front yard depth).
Section 8-111. Other ordinances.
Other ordinances also apply to structures and activities regulated by this ordinance.See,for example,
Chapters 6, 10, 18, 26,62,70 and 74 of the City's Code of Ordinances.
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Section 8-112. Other laws.
(a) Purposes.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 legally required exception are included in this category of
claims.
(b) Notice.A person with such a claim may notify the Administrative 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 Administrative official.The
Administrative official may promulgate a standard form and may require supplemental information.
(c) Endorsement.When an effective notice is delivered,the Administrative official shall examine it and attempt
to confirm the information provided.The administrative official may request the assistance of other City
officials and, if appropriate, law enforcement agencies. If the Administrative 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
Administrative official shall endorse the notice to indicate the extent that part of this ordinance has been
amended or otherwise altered,for the specific premises and activities mentioned in the notice. In order to
make such determinations,the Administrative 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 Administrative 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 showing 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 Administrative 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 Administrative 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.
(f) Confidentiality.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,Texas Government Code or other
controlling law. For good cause shown,the ZBA may provide for confidentiality in its proceedings,also
subject to Chapter 552,Texas Government Code.
(g) Effect of Endorsed 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 this section, and is carried on by the
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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 Administrative 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) Purpose and policy.The purpose of this section is to provide for persons with disabilities who wish to share
residential living arrangements in a family-type environment.This section shall be administered to carry out
this purpose. Nothing in this section shall be construed as attempting to regulate the right of persons with
disabilities to purchase single-family residences or to affect the right of individuals to care for family
members who are disabled. Nothing in this section shall be applied to"community homes"contrary to
Chapter 123 of the Texas Human Resources Code.
(b) Approvals.Subject to compliance with this section:
(1) the Administrative official may grant approval, in the form of a permit,for a family-type home for three
or four persons with disabilities, plus one caregiver;
(2) the ZBA may grant approval, in the form of a special exception,for a family-type 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) Minimum standards. Each home must meet the following standards:
(1) Only residential use is allowed.
(2) The home must be inspected by the Administrative 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"Minimum 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 Administrative official may waive the inspection.
(3) The home must be inspected by the Administrative official and found to be in compliance with
applicable fire, housing and building codes of the city.
(4) 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.
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(5) 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.
(6) The permit or special exception must be prominently displayed at all times at the facility.
(7) 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 provisions. Permits and special exceptions are also subject to these additional provisions:
(1) There is no permit or application fee.
(2) A permit has a term of one year.A special exception has a term of three years. Neither is transferable.
(3) 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.
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PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 10. PARKING AREAS, DRIVEWAYS AND LOADING AREAS
ARTICLE 10. PARKING AREAS, DRIVEWAYS AND LOADING AREAS
Section 10-100. Off-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 of this ordinance:
Use of type of space Minimum number of parking spaces
SFD use. The number of garage parking spaces required by
Articles 7A, 7B and 7C plus one additional space
located between the required garage spaces(s)
and the public roadway.The additional space
may be on the building site or in the adjacent
street area (or partly in each), but may not
encroach upon any part of a public sidewalk
(existing or proposed)or the roadway.
Other residential space 2.5 (3.0 in PDD-TH1, PDD-TH2 and PDD-TH5) per
DU. See Note 1.
Use of type of space Minimum number of parking spaces
Community center, library, school, place of 10.0 plus 3.33 per 1,000 square feet of gross floor
worship, museum or similar institution,which area in excess of 2,000 square feet.
may include mixed uses and types of space
served by common parking spaces (including
auditoria and any high-density occupancy spaces
that are part of the institution)
Health care facility space (not including offices) Greater of 1.5 per bed or 1.5 per employee on
the maximum work shift.
Theater or auditorium space or space with any Greater of: (i) 1.0 for each four seats; or(ii) 1.5
high-density occupancy(except as included in per 1,000 square feet of gross floor area, plus 1.0
community center, library, school, place of for each employee on the maximum shift.
worship, museum or similar institution)
Office space used to provide medical 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 square feet of gross floor area.
Studio and gallery space for visual arts 5.0 per 1,000 square feet of public area.
Bank and financial services space(except space 3.3 per 1,000 square feet of gross floor area.
used for auto-intensive uses)
Space with auto-intensive uses 10.0 per 1,000 square feet of gross floor area.
Retail space used for rental of personal property 10.0 per 1,000 square feet of gross floor area.
(except space used for auto-intensive uses)
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Food service space with indoor or outdoor Greater of: (i) 1.0 for each three seats for the
seating such as dine-in restaurant space, club, general public; or (ii) 10.0 per 1,000 square feet
cafe and similar recreation or amusement space of gross floor area.
(except space used for auto-intensive uses)
Grocery store space 5.0 per 1,000 square feet of gross floor area.
Convenience store space (without gasoline 4.0 per 1,000 square feet of gross floor area.
fueling facilities)
Retail space for the showroom display and sale of 2.0 per 1,000 square feet of showroom and
home furnishings and appliances repair area.
Other retail and personal service space, including 5.0 per 1,000 square feet of gross floor area.
carryout food service space with no indoor or
outdoor seating, and studios for dance, martial
arts, yoga and similar activity.
Utility service space, research or testing 1.0 for each three employees on the maximum
laboratory space, laboratories, warehouses working shift, plus 1.0 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 space.See Note 2.
Bar 13.3 per 1,000 square feet of gross floor area.
All other types of space and uses 10.0 per 1,000 square feet of gross floor area
used or occupied by people.
All types of spaces and uses in the TCC District 4.0 per 1,000 square feet of gross floor area for
uses other than dine in food service with seating.
7.5 spaces per 1,000 square feet of gross floor
area for food service with dine in seating.
(Applies only to principal buildings constructed
after the effective date of the TCC district. Other
buildings in TCC are subject to the parking
requirements for C, Commercial District, uses
that applied prior to the effective date of the TCC
district.)
Note 1.Guest spaces.There must be guest parking spaces marked and kept always available for common use,not
reserved for specific persons or classes of persons.Minimum number of guest spaces:0.5 per DU(1.0 per DU in
PDD-TH1,PDD-TH2 and POD-INS),rounded up.See Table 7C-1,Note 7 regarding parking for"garden style use"in
PDD-TH4.See Articles 7A,7B,7C and 10 regarding grouping and other requirements.
Note 2.Additional spaces for shopping centers:(a)If office space exceeds 10%of the gross floor area of the center,add
3.0 spaces per 1,000 square feet of office space in excess of 10%.(b)If a theater or auditorium occupies 10%or
less of the gross floor area of the center,add 3.0 spaces for each 100 seats in the theater or auditorium.(c)If a
theater or auditorium occupies more than 10%of the center's gross floor area,the seats are apportioned on a
square-foot basis,so that one portion corresponds to 10%of the gross floor area and the other portion
corresponds to space in excess of 10%;for the 10%portion,add 3.0 spaces for each 100 seats,and for the portion
in excess of 10%,add 25.0 spaces for each 100 seats.(d)If there is any dine-in food service space with indoor or
outdoor seating,add 6.0 spaces per 1,000 square feet of gross floor area of food service.
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(Ord. No. 1799, § 1(ex.A),5-23-2005;Ord. No. 1879, § 1(ex.A),8-25-2008; Ord. No. 1939,§ 1(ex.A),2-28-2011;
Ord. No.2005, § 1(Exh.A), 3-9-2015;Ord. 2029,§ 1(Att.A), 2-27-17)
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. Exception:This does not apply to a community center, library,school, place of worship, museum or similar
institution or to shopping centers;see special rules,above.
(Ord. No. 1799,§ 1(ex.A),5-23-2005)
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 for all new construction or major development projects as defined by city ordinance.There
shall be no loss of PNC status for design dimensions when resurfacing or restriping an existing parking area.
(1) Ninety-degree angle parking: Each parking space shall be not less than nine feet wide and not less than
19 feet in length. Maneuvering space shall be not less than 24 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 21 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 19 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) Walkways.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 QMDS,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) Maneuvering areas. In addition to the minimum dimensions for parking spaces,there must be sufficient
driveways and other maneuvering areas to allow ordinary,practical use of each required parking space.
Maneuvering areas for non-SFD uses must also comply with the following:
(1) To facilitate access to each required garage parking space,there must be a maneuvering area
immediately outside the garage opening.The minimum dimensions are 24 feet long and two feet wider
than the garage opening,and the area must be located entirely on the building site.
(2) Maneuvering areas may not be counted toward the required number of parking spaces except for
townhouses in the TH and all PDD-TH districts provided that all applicable emergency access and on-
site circulation requirements are met.
(3) Maneuvering areas(except those serving only one or two dwelling units)must be provided,sized and
arranged so that a large vehicle can enter and exit the required parking areas in a forward motion
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without backing into the street area.As used in this section, "large vehicle" means a truck 18 feet long,
with a turning radius of 24 feet(outside of bumper).
(4) Reasonable, usable"overhang"above low landscaping and similar areas may be counted toward
required maneuvering area.
(d) Traffic Engineering Handbook.All parking spaces, maneuvering areas, loading areas and other vehicular
facilities must comply with the applicable provisions of the Traffic Engineering Handbook,current edition,
including, in particular,Chapter 14.Where multiple standards are provided,the highest standard shall apply.
Where this ordinance provides specific numerical criteria different from the same criteria in the Traffic
Engineering Handbook,this ordinance controls.
(e) Other criteria.See Articles 7A, 7B,and 7C for additional criteria, including driveway, parking and garage
regulations.
(Ord. No. 1878, §1(ex.A),8-25-2008;Ord. No. 1977, § 1(Exh.A),5-20-2013;Ord. No.2005, §1(Exh.A), 3-9-2015)
Section 10-103. Location of parking spaces.
(a) Same Site Rule.All parking spaces required by this ordinance must be located on the same building site with
the building space served.Exception:the required spaces may be located up to 300 feet from the entrance of
a 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 enlargement of
use,(ii)spaces allowed by this Ordinance to be used jointly for two or more uses or types of space, or(iii)a
community center, library,school, place of worship, museum or similar institution with mixed uses and types
of space served by common parking spaces.
(b) Yards and street areas.
(1) In an SF district,all parking areas and maneuvering areas(including dead-end or stub driveways) must
be behind the principal building or surrounded by opaque fences or walls at least six feet tall,and all
such areas are prohibited in front yards. Exception: On a building site accessible only from a roadway
marked for four lanes or more,there may be a driveway stub, if it meets all the following criteria:
(i) The stub must be designed to allow vehicles on a driveway to turn around and enter the roadway
headfirst;
(ii) The width of the stub may not exceed nine feet(plus up to two feet on each side for aprons);
(iii) The length of the stub,when added to the width of the driveway, may not exceed 24 feet(but if
the site width is 60 feet or more,the length of the stub may be up to 18 feet,in addition to the
actual width of the driveway);
(iv) The stub must be pervious pavement;
(v) Aprons may not be larger than two feet in any dimension;
(vi) No part of the stub or its aprons may be closer than two feet to any property line or public
sidewalk; and
(vii) The stub may be located in the front yard only to the extent that existing structures or
obstructions make another location impractical.
(2) In a non-SF district, no required parking space may be:
(i) Closer than 10 feet to a street area,except an alley;or
(ii) Farther than 500 feet(driving distance)from a street area.
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(c) Certain Joint Use of Spaces.The ZBA may issue a special exception to allow up to 75 percent of the parking
spaces required for any use or type of space to be used jointly for another use or type of space, if the ZBA
finds that no increase in on-street parking is likely to result.See Tables 7A-5a,7B-5a,7C-5a.
(d) Above-Grade and Underground Parking Prohibited. No parking spaces shall be located above grade or below
grade, meaning that all off-street parking required by this Article shall be provided as at-grade"surface"
parking. In the TCC district, no at-grade parking shall be located below any portion of a building.
(e) Easements in PDD-Cl. In PDD-C1, parking spaces may not be located in any easement for underground
utilities.
(Ord. No. 1799,§1(ex.A),5-23-2005;Ord. No. 1894, § 1(ex.A),4-27-2009; Ord. No. 2005,§ 1(Exh.A), 3-9-2015)
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 and 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 thereof, 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.
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PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 11.VARIANCES AND SPECIAL EXCEPTIONS
ARTICLE 11. VARIANCES AND SPECIAL EXCEPTIONS
Section 11-100. General.
(a) Variances.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 variance,the applicant
and the ZBA must comply with state law and this article.
(b) Special exceptions.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-application briefing.This subsection only applies to: (i)applications for special exceptions referred to in
Tables 7A-1,7B-1, 7C-1,and (ii)other applications which the administrative 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 administrative 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: (i)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 all persons notified,all attendees and a
synopsis of the matters discussed.
(b) Application.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. Exception:The administrative 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 74 of the Code of Ordinances, such plat may be accepted by the
ZBA.
(4) If requested by the ZBA or the administrative official, a traffic and parking analysis conforming to
requirements as to scope,format and authorship as may be prescribed by the ZBA or administrative
official.
(5) Such other materials and information required by this ordinance or requested by the ZBA or the
administrative official.
(6) The filing fee for the type of application question.
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(c) Third-party reviews. If required by the administrative official or the ZBA,the application may be submitted to
a third-party consultant,advisor or expert. Unless otherwise prescribed by the administrative 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 and hearing. Before issuing or modifying any variance or special exception,the ZBA must provide
notice and an opportunity for any interested person to be heard.The notice shall be given in a form
prescribed or approved by the ZBA,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 which 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 circulation 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 is
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; burden of proof.
(a) Variances.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 determinations required by state law for the granting of a variance.
A"special condition" or"hardship"that is self-created, personal or based only on financial reasons is
not sufficient to support the issuance of a variance.
(2) The ZBA has made any additional findings and determinations required by a specific provision of this
section 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 section for the variance in question.
(b) Special exceptions.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 section.
(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 all 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
section.
(5) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA
or required by this section for the special exception in question.
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(c) Burden of proof.The applicant has the burden of presenting evidence to the ZBA and persuading the ZBA
that:
(1) Each circumstance required for a variance or special exception is present;and
(2) Each required finding and determination is supported by substantial evidence.
(Ord. No. 1882, § 1(ex.A), 11-10-2008)
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.
Section 11-104.Variances for old stock housing.
The ZBA may consider protection or preservation of old stock housing as a factor in determining whether the
"hardship"test for a variance is met, either for such housing as it then exists or as it may be proposed to be
remodeled or expanded.
(Ord. No. 1798, § 1(ex.A),5-23-2005;Ord. No. 1872,§ 1(ex.A),4-28-2008)
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PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 12. PRIOR NONCONFORMITIES
ARTICLE 12. PRIOR NONCONFORMITIES
Section 12-100. Purpose.
The purpose of this article is to establish rules to allow prior non-conformities("PNCs")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 PNCs and to limit the degree of
nonconformity of PNCs.
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) General 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 nonconforming.
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 under construction. 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 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 extensions 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 all load-bearing members,were completed as of the effective date and the building is fully
completed within five years thereafter.
(c) Other committed work. 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("applicant") 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.
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(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 following
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)completion 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 with side yard regulations based on 10%of the building site width as stated in the
"Yards"table adopted in 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) Enlargement of building site and yard.A structure located in a yard (or"setback" area) in apparent violation
of Tables 7A-2,7B-2,7C-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 Tables 7A-2,7B-2,7C-2.
(e) Certain yard encroachments.A structure located in a yard (or"setback"area)in apparent violation of Tables
7A-2,7B-2,7C-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 principal building. If,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) Conformance is achieved;discontinuation. 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, etc. If 51%or more of the replacement cost of a structure is lost to casualty, eminent
domain, involuntary demolition or other similar cause,the structure loses PNC status.
Exceptions:
This does not apply to a building used for SFR purposes,except as to non-compliance with framed area
regulations(i.e., in case of such a 51%or greater loss, PNC status for non-compliance with framed area
regulations is lost). For this purpose, "replacement cost" is determined by standard cost levels for similar
structures as most recently published by the International Code Council or similar agency.See,e.g.,the ICC
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.
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The ZBA may issue a special exception to allow a structure in the TCC district,which predated adoption of the
TCC district,to be rebuilt with a square footage that is substantially the same as existed at the time of loss to
casualty,etc.The TCC district and its associated standards are intended, in part,to transform the physical
form and character of the Town Center commercial area from its current auto-oriented nature to a design
that is more safe, convenient and appealing for pedestrians and cyclists,as well as automobiles. It is
recognized that this transformation will likely occur incrementally over time through new construction or
rebuilding of existing structures following a loss to casualty,etc.Therefore, in evaluating special exception
requests under this section,the ZBA shall generally aim to uphold the TCC district intent by requiring
compliance with all other district standards. However,the ZBA may determine that some relief is warranted
due to the circumstances of a particular building site,such as the impracticality of providing vehicular access
to a rear parking area in the event that on-site parking along the Edloe Street frontage was to be relocated to
the rear. In such cases the ZBA may apply an alternative level of compliance for the following TCC standards
that is less than full compliance but also may be more restrictive than the condition that existed at the time
of loss to casualty,etc.:
(1) Front,side and rear yards(setbacks).
(2) Location of the principal building on the site relative to the front or rear property lines.
(3) Off-street parking.
Otherwise,such a structure loses PNC status and may be replaced only by a new structure that conforms to
applicable TCC standards at the time of the new construction.
(d) Violation of special conditions. 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 nonconformity 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 "other committed work").
(2) If a principal building in a SF District acquired PNC 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 building has not 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.
(f) 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) Driveways. If the PNC item is noncompliance with driveway regulations in an SF district, PNC status is lost if:
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(1) A new driveway is constructed;
(2) An existing driveway is either replaced or expanded;or
(3) 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.
This subsection does not apply to noncompliance with minimum dimensions for a driveway(or maneuvering
area) on a site with SFD use only.
(h) Building site dimensions. If the PNC item is non-compliance with one or more of the required minimum
dimensions of building sites(Example: minimum dimensions of 75 by 105 feet in the SC-4 Old Building Site
Overlay 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 otherwise lawful.
(i) Passage of Time.The following PNC items lose PNC status upon the expiration of the time periods indicated:
PNC Item Time Period Special Conditions
Use of a building site in an SF Ten years from the 1987
District for business activities effective date
Presence of more dwelling units Ten years from the 1987 PNC status for space which
than allowed in an SF District. effective date qualifies as conforming
accessory quarters is not
necessarily lost.
Use of a building site by more Ten years from the 1987
than one family in violation of effective date
SF District use regulations
Outdoor lighting in violation of Time period ending on August
Article 8 31, 2004
Lack of special screens in 160 months following the 1987
violation of Article 8 (waste effective date
storage or loading)
Non-compliance with pervious Ten years following the 1987
area requirement in the C effective date
District.
Non-conformance with building Time period ending on October
regulations by a canopy or 1, 2008
similar object designed or used
to shelter a motor vehicle, a
boat or similarly-sized items.
Use of a building site, or any Time period ending on May 31,
portion thereof, as a school 2022
without a special exception as
granted by the ZBA.
(j) Change in use.A nonconforming commercial use loses PNC status if changed to any other commercial use.
(Ord. No. 1770,7-26-2004;Ord. No. 1873,§ 1(ex.A),4-28-2008;Ord. No. 1879, § 1(ex.A),8-25-2008;Ord. No.
1939, § 1(ex.A), 2-28-2011;Ord. No. 2029, § 1(Att.A),2-27-2017;Ord. No.2030, § 1(Att.A),2-27-2017)
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Section 12-104. Work To Achieve Compliance.
The administrative 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)substantial 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 of PNC 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 of PNC status.
Section 12-106. Special exception, certain work under permit.
(a) Generally. The ZBA may issue a special exception to grant PNC status for a structural item that did not
conform to this ordinance when it was constructed or established,if the ZBA finds:
(1) The nonconformance was clearly and specifically shown in plans and specifications duly submitted to
obtain a city permit;
(2) Before the work was done, neither the owner,the designer,the surveyor,the contractor nor any other
person assisting with the work knew about the noncompliance;
(3) The nonconformance was clearly covered by the city permit(the same permit for which the plans and
specifications were submitted),and the permit was otherwise regularly issued;
(4) After learning of the nonconformance,the owner promptly conferred with the administrative official
(and voluntarily halted any further nonconforming work);
(5) The item will neither constitute a health or safety hazard nor cause a significant impact upon another
person or property; and
(6) The item can be brought into conformance with this ordinance within the time period specified in the
special exception,at a modest or reasonable cost.
Exception: Bringing the item into conformance need not be required if the ZBA finds that the impact of the
item on other persons or properties is either nil or extremely small.
(b) Time to comply;conditions. No such special exception is effective unless it specifies a time period within
which the item must be brought into conformance with this ordinance(if required;see above). PNC status
granted for a specified time period is lost when the specified time period expires or if ownership is sooner
transferred (unless the new owner acknowledges both the special exception and the date the time period
expires, by written instrument filed with the administrative official before the transfer).Any special
exception issued under this section may contain conditions designed to:
(1) Reduce nonconformance;
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(2) Mitigate(or compensate for)the effects of nonconformance;
(3) Achieve conformance sooner than the specified time period;or
(4) Any combination of the foregoing.
(c) Scope of exception. For good cause shown,such a special exception may allow completion, minor
modification and occupancy of the structural item without losing PNC status.
(Ord. No. 1883, § 1(ex.A), 11-10-2008)
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(Supp No 43)
Page 6 of 6
PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 15.ZONING &PLANNING COMMISSION AND ZONING BOARD OF ADJUSTMENT
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) Number, Quorum.The 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 positions 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 "1"through"5"(plus"6"and "7,"if appointed).
(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 qualified.
(c) Terms. 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 thereof,of the
specific position to which the member is appointed. Members shall also serve after the expiration of a term
of office
(d) Appointments, 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) Removal.The City Council may remove a member for cause on a written charge after a public hearing.
(f) Officers.The city council may provide for appointments of a presiding officer, a vice presiding officer,and a
secretary and may allow one or more such officers to be selected by the Z&PC.
(g) No Compensation.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.
(Ord. No. 1756, 10-27-2003)
Section 15-102. Zoning Board of Adjustment.
(a) Number, Quorum.The ZBA shall have the number of members 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 "1"through"5"and alternate positions numbered from "Al"through "A4."
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(Supp.No.43)
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(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 qualified.
(c) Terms. 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 thereof,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) Appointments, 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) Removal.The City Council may remove a member as provided in applicable state law.
(f) Officers.The city council may provide for appointments of the presiding officer and the vice presiding officer,
and may allow one or both such officers to be selected by the ZBA.The presiding officer,and the vice
presiding officer while serving in place of the presiding officer,shall have the authority of the"chairman."
(g) No Compensation.The members of the ZBA 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.
(h) Office.The office of the ZBA shall be at the office of the administrative official.
(Ord. No. 1756, 10-27-2003)
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Page 2 of 9
LOT DIVISION SCHEDULE
See Article 5
8mmp4 A.A.wmbg Nu,u the two 121 subdivided lob were divided.the closest structure to o 21*
property kn.would a set heck by Ere al reek and further assuming that there would a no other
aloN their common boundarylieewe with N4 edinsnw.ta two bl.uhNNdtl leu muldadivtdd
EvampleD If..trueture.4ee addlto common hwedssy or the nee BI autellekled lob.to divide the
:n vio4tw eau°rum.la.,•aid*at e.th.sk ryulaWrul,end
th would prevent the division of the two Iota
ample c.Asauming thele 1f the two 121 suhdbldd cob were divided.the clmeet structure to a Ade
property un.would a me back by edy two 12l Oak Ne two Int eandivtdd lou could not a d:wdd.
STAG,
Example D.Assuming that:
Il lou were dbldd,the cwmt swoture to a side pro*line would a set
Utile
by two
subdivided
r...:
Mt Su.a tour..*sack MI be ill violation of One ordinance;
etructure was mtm N
There.re no .rea or no..nmpti.rwe waMan
The two IR,subdivided las could a at ddtl.wag am;<common bounder,
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Page 3 of 9
DRIVEWAY VISIBILITY DIAGRAM
See definition in Article 2 and Table 7-5a
Diagrsm showing'driveway visibility triangles'
Hae kJ teak
Bou■a
■
Mom su
ommoommommummoir
11
FIGURE SFP
See Table 4-B regarding "SF Privacy Protection"
Buidicg sie boundary SF privacy zone
I 6feetl - -
A LLL } r\\ Restrit `editctsi�tlines" I A
20fet
18 feet or higher i 100 feet
( * Atit so.trade
PWSF SCHEDULE
(Personal Wireless Service Facilities)
A. In General.A PWSF complies with this ordinance only if,for that specific PWSF:
1. Pre-application.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.
B. Definitions. In this schedule:
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1. "Antenna" means the surface from which radio signals are sent or received.
2. "Building-mounted antenna" means an antenna attached to the surface of,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 PW SF's.
4. "Monopole" means a single shaft used primarily to mount PW SF's.
5. "Low-impact PW SF" means a PWSF in one or more of the following categories:
(a) Low-Impact, building-mounted.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) Low-impact,standard street structure.The 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 PW SF's.
C. Application.The owner and proposed operator of a PWSF must file a complete,written application, including
the following:
1. Form, etc.A City-prescribed application form,with all required signatures,fees, plans and
specifications.
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 facilities.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 PW SF.
The map must show all cables, connection devices and the height, mounting style and number of
antennas.
5. Collocation certificate(not required for low-impact 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 collocation 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 administrative official.)
6. Towers, monopoles.The following additional items are required if the application is for a new tower or
monopole:
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a. A map indicating,for all the area within one mile of the proposed PWSF: (i)all 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 stand alone
locations.
b. A detailed description 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 color, (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 photo 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.Certain 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, if visible 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.
D. Review, Issuance, Permits.The review and issuance process includes:
1. Administrative review. By City staff.
2. Sketch plat. Review of the sketch plat as required;see Chapter 74.
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3. Consultants. Review by a third-party consultant, if required by the administrative 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. Hearings.Any required hearings have been duly noticed and held.The administrative official may
require special hearings,even if not otherwise required.
5. Permits. Preparation,approval and issuance of a permit,as follows:
a. Low-impact PWSF's.The administrative official may issue a low-impact PWSF permit, but only
after determining that the definition of"low-impact PWSF"clearly applies.See above.The
administrative official may also issue a low-impact permit if the ZBA determines that the
definition applies.
b. Other PW SF's.All other PWSF's require a special exception to authorize the administrative
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. Term of permits.The term of each PWSF permit is five years from the date of issuance. Exceptions: (1)
A special exception can prescribe a shorter term. (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.
E. General Criteria&Regulations.The following apply to PWSF's and PWSF permits:
1. Site,equipment.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 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 impact 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/SFA sites. No PWSF is allowed upon any subdivided lot or building site where the actual or
intended principal use is SFD or SFA.The intended use is determined 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(or, if the
PWSF is within an SF District,the nearest building site with an existing dwelling).
Exception:These additional setbacks do not apply to building-mounted PWSF's or low-impact PW
SF's.
4. Height. Regular height regulations apply.See Articles 7A,7B,and 7C which limits heights to 25 or 35
feet. Exceptions: (1)A low impact PWSF incorporated into a standard street 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. Design aspects.The design of each PW SF must:
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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 collocation with other PWSF's to the extent reasonably possible.
Exception:This does not apply to low-impact PW SF'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 PW SF 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 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 feasible
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 wires.Guy wires may not be used for monopoles or towers.
7. Collocation(not required for low-impact PWSF's). Each PWSF and its site must be made available for
collocation upon reasonable,non-discriminatory terms and conditions, at all times.The collocation
certificate must be recorded in the Harris County real property records.
8. Screening.All equipment must be screened from off-site and street area views to the extent
reasonably possible by opaque screens,walls, parapets,etc. Exception:This does not apply to low-
impact PW SF's.
9. Underground;Enclosures.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. Exception: Undergrounding or enclosure is not required for
equipment that is part of a low-impact standard street structure.
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. Removal.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 of financial security and rights of entry with the
City to secure the obligation to remove.
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13. Registry.The administrative 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 PW
SF's periodically.
14. Suspension, termination.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.
(Ord. No. 1765,4-12-2004)
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