HomeMy WebLinkAbout11092023 ZPC Agenda Item 5 Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas, 77005
November 9, 2023
Honorable Mayor &
Members of the City Council
City of West University Place
3800 University Boulevard
Houston, Texas 77005
Subject: Preliminary report on the current Zoning Ordinance of
the City of West University Place, Texas ("City")
relating to the consolidation of the SF-1, SF-2, and
SF-3 Zoning Districts.
To the Honorable Mayor & Members of City Council:
The Zoning and Planning Commission (the "Commission") of the City
submits this, its preliminary report, having proposed modifications to
the Zoning Ordinance for the consolidation of the SF-1, SF-2, and SF-3
Zoning Districts into one unified Single-Family (SF) District.
Additionally, modifications have been proposed to correct various
scrivener' s errors located throughout the Zoning Ordinance.
Existing Ordinance provisions for SF-1, SF-2, and SF-3. The current
Zoning Ordinance prescribes regulations for each single-family zoning
district within Article 7. - District-Specific Regulations. Section 7-
101. - Regulations, tables, etc. specifies the requirements for the
following regulation categories:
• Uses (Table 7-1) ;
• Yards (Table 7-2) ;
• Open & Pervious Areas (Table 7-3) ;
• Garage Space (Table 7-4a) , Buildings (Table 7-4b) ;
• Parking, Driveways, etc. (Table 7-5a) ;
• Certain Structures (Table 7-5b) and;
• Projections (Table 7-6) .
Analysis. Currently, the regulations provided in Article 7 of the
Zoning Ordinance are displayed in table format with the regulations for
all zoning districts consolidated into one table for each regulation
category. This can cause difficulty for end-users who are unfamiliar with
the layout of the Zoning Ordinance when they are attempting to ascertain
which regulations they must comply with to construct a home within the
single-family zoning districts.
The primary goal of this district consolidation initiative is to
separate out the regulations which apply to single-family districts to
simplify and clarify the research process for end-users such as
architects, builders, designers, and laypersons when attempting to
ascertain which regulations and technical references apply to their
building site.
In pursuit of determining the merits of consolidating the
SF-1, SF-2, and SF-3 zoning districts into one unified single-family
district, the Commission investigated what currently existing provisions
within the Zoning Ordinance differentiate each of the single-family
zoning districts. After significant research, it was concluded that,
barring two exceptions, all existing provisions for single family
districts 1, 2, and 3 were identical.
The first exception pertains to rotated corner building sites,
which are defined as corner building sites in the SF-1 District which
have 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 second exception pertains to "old building sites", which are
defined in Table 5-1, Building Site Dimensions as building sites that
were established prior to October 24, 1987 . This table specifies
alternate width, depth, and area requirements for old building sites
located in the SF-2 Zoning District.
To facilitate the creation of a unified SF District, the Commission
recommends the creation of two overlay districts, the Rotated Corner
Overlay District (the "RCOD") and the Old Building Site Overlay District
(the "OBSOD") . The RCOD was created to provide regulations to maintain
and protect the City' s single-family residences and neighborhoods in
areas where corner lots have been divided and reoriented. The OBSOD was
created to maintain and protect building sites designated prior to
October 24, 1987, 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.
In addition to the creation of the specified overlay districts
above, the Zoning & Planning Commission recommends the subdivision of
Appendix A, Article 7 . - District-Specific Regulations into Articles
7A, 7B, 7C, and 7D. Article 7A, which will contain all SF District-
Specific Regulations. Article 7B, which will contain all Non-SF District-
Specific Regulations. Article 7C, which will contain all Camercial District
Specific Regulations. Article 7C, which will contain all Planned
Development District-Specific Regulations.
Recommendation. Based on the review given by the Commission
regarding the consolidation of the SF-1, SF-2, and SF-3 zoning
districts, it has been recommended that changes be made to the Zoning
Ordinance at this time. This review concluded that to better serve
the working professionals and residents of the City, Article 7 of
the Zoning Ordinance should be subdivided into four separate articles
7A, 7B, and 7C to improve the technical research experience for
professionals, homeowners, and city staff when attempting to
ascertain applicable zoning regulations in the newly unified single-
family (SF) district.
To ensure that the regulations pertaining to "Old Building Sites"
and "Rotated Corner Building Sites" are preserved, the Commission
recommends the creation of the Old Building Site Overlay District
(OBSOD) and Rotated Corner Overlay District (RCOD) . Additionally,
the Commission recommends the creation of a single-family (SF)
district to consolidate the currently existing SF-1, SF-2, and SF-
3 zoning districts.
The Vote. The vote on approval of this report was as follows:
Respectfully Submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
Chair, Zoning and Planning Commission
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ARTICLE 1. SHORT TITLE AND PURPOSE
Section 1-100. Short title.
This ordinance as amended ("Ordinance")shall be known as and referred to as the"Zoning Ordinance of the
City of West University Place,Texas."
Section 1-101. Purpose.
The regulations and districts as herein established have been made in accordance with the City's
comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the City.They
have been designed to lessen the congestion in the streets;to secure safety from fire, panic and other dangers;to
provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population;
and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public
requirements.They have been made with reasonable consideration, among other things,for the character of each
district, and its peculiar suitability for the particular uses specified, and with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout the City consistent with the comprehensive
plan.
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(Supp.No.43)
Page 1 of 1
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 have the singular number.
(2) The word "shall"is mandatory and not directory recommended.
(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 earth's surface 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 4-the use of particular undefinedundefined 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-1,7D-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 17
STREET
] ADJACENT SIDE YARD
COh y
BUILDING SITE
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 ofmore than the minimum needed for the 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 te-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 automobile sales or repair facilities,and "drive-through"or
"drive-in"establishments.
Balcony. A platform is enclosed by a wall or balustrade on the outside ofoutside 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
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 building5building
occupancy.
Block face.A continuous row of parcels of land all on one block and all touching a given street.
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Book Sharing Exchange(s). Book Sharing Exchange means a detached accessory structure usually consisting
of an enclosed box sitting on top of a small stand which contains a door and is designed to hold a small number of
books that are intended for use by members of the public.Such structures are generally known and referred to as
"Little Free Libraries®".
Buffer Buffer yard,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,Article 7C,and Article 7D.
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 the 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 laeI4s decibels according to the Air Conditioning and
Refrigeration Institute's reference test method AR1270-84("Standard for Sound Rating of Outdoor Unitary
Equipment"),or an equivalent method approved by the Administrative official. See Tables 7A-67,7B-7,7C-7,7D-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, butinclude but are not limited teto 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 comprises 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 that 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 servicclocal service easement.
Comprehensive plan.The document adopted by the City Council by Ordinance No. 16417 was 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 ."
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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 shapcctirregularly 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 obviou y-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 Feemroom, 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 screens are considered open to eusideoutside 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 17
(b) Measurement method. For each level of a buildingbuilding level,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 an 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-an interior height exceeding 31 feet,the area is
tripled).
(c) Uncounted areas.The following areas are not counted as framed ar-eaareas:
1. Attic area that cannot be reached through a fixed accessway;
2. Attic area where there is a-an interior height of less than seven fcct;feett
3. Those non-attic parts of an imaginary plane on a second or third-floor level,above which there mare
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.
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Drawing to illustrate Schedule FA
Generally,dashed lines indicate area counted as"framed area."
r 7S 1
7 feet or more, Attic area counted as framed area
interior height
:ossuif... ...a
Fixed accesway to attic
Imaginary plane extends across stairwell and"atrium"
woman .m iUmuss........................... .m
Single imaginary plane for"split level"
(if designated by administrative official)
mom m . i-Lmuuu.o..00000000w00000mumuo uussmm
No imaginary plane for steps or landing levels.
This is a general illustration only.Actual wording of Schedule FA controls in all cases.
Front right-of-way area. For a given building site,the area within a street area which that 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 a+-opaque wall at least six feet high around at
least one-half of its perimeter.
GR District.A general residential district.
Gross floor area fGFA).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
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1,100 square feet or more, in which case, half of the square footage of such opened or screened porches shall be
used in computing the gross 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 periodany 12 months,(ii) at least 50 people eight times or more in
any 12 month periodany 12 months,or(iii)at least 25 people 16 times or more in any 12
months.
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 that is specifically allowed under another ordinance of the City regulating such activity or which meets
all-efall the following criteria:
(1) The activity involves only the sale of used personal property,food or beverages.
(2) No business activity(other than an activity which that 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.
InteriorAn interior building site or lot means a building site abutting only one street or abutting two streets
which that intersect at an angle greater than 135 degrees.
Licensed day caredaycare 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
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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.
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 historical development;
(v) Probable future development;and
(vi) Compatibility with nearby sites and their uses.
For this purpose,the administrative official shall take into accountconsider any special yard depths
applicable to a "rotated corner building site" (see Table 7A-2).
(3) For sites with a SFR(as defined in Sec.6-19) use(including undeveloped property in an SFR district or
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 a 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 a 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 is most nearly opposite the front street line.The
administrative official shall designate the rear property line of irregularly shaped building sites, and the line-se
dcsignatcddesignated line 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.
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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.
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,a maximum of 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;and 18 inches deep on
sides.M14st-lt 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 It must be used throughout.
Note(s)—Where an-a LIMC as defined in Sec.2-102 is allowed, internal access garages are not required;see the
definition of QMDS in this section.
Major thoroughfare. Bissonnet Street, Kirby Drive or Bellaire(West Holcombe) Boulevard.
Mirrored glass.Glass with a reflectance greater than 20 percent.
Multiple utility reservices. 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,(H) it is operated between midnight and 6:00 a.m.four times or more in any
12 month periodany 12 months,and(iii)it involves the gathering of at least 25 people four times or more in any
12 month periodany 12 months.
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(ii)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(see Tables 7A-7,7B-7,7C-7,
7D-7)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."
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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.
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 the extent required lay Tables 7A-67,7B-7,7C-7,7D-7, note
1.2, projecting from the face of a principal building and used to protect the entrance of the structurostructure's
entrance.
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-THS,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 the dedication of a public street area or alley.
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(5) Maintenance, Repair, Etc. It incorporates a permanent method for maintenance, repair,insurance,and
reconstruction oh(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 cquivalcntsubstantially equivalent method approved by the Z&PC.
(6) Easements. It includes any necessary easements for access to common areas or structures and fey
maintenance, repair,or reconstruction of non-common structures.
(7) Building Lines. It includes building lines approved by the Z&PC based upon on 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-as part of a home occupation, but such.Still, 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 wh-e-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 that are performed
for someone who also resides on the prcmisc5premises, 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 is 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 Rotated Corner Overlay
District(the "RCOD")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 RCOD, most rotated corner building
sites will be oriented north-south7 because most of the original corner lots were oriented east-west(except for lots
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(Supp.No.43)
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along University Boulevard or Cason Street).
ORIGINAL STREET
FRONT
I ! I I
I I I I
ROTATED I I I I
FRONT
I I I I
I i
� I W
N -------- I to
-
I I I I
I I I I I
i i i i i
STREET
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 carechildcare and limited child care centers,and vocation vocational 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 teach 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:
(1) Each dwelling unit is located on a plot of ground to which the occupants of the unitunit's occupants
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.
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(5) The entire plot of the 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 thanOne family, plus up to 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 linessidelines 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. Still, no such survey is acceptable if three or more of the
points surveyed have been disturbed by filling,demolition,construction,or similar activity within the
five year periodthe five years preceding the date of the survcysurvey date.
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).
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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 timeperiod;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;area sculptures=Llampposts;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 depthdeep 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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STREET
✓
I CORNER BUILDING SITE
T
TROUGH BUILDING SITE INTERIOR BUILDING SITE
INTERIOR BUILDING SITE INTERIOR BUILDING SITE
THROUGH BUILDNO 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 the property.
Utility or service use.A use7 other than PWSF use7 is 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 the 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 a governmental entity serving the City.
Variance.See Article 11 and Chapter 211 of the Texas Local Government Code.
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,trashtrash,or other wastes,except for
those areas in an SF District which that serve one or two dwelling units.
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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 currently recorded plat in lieu of the actual measured width;
when (i)both dimensions are 914v-4u-4y-intended to describe the same site,and they do not differ by more than
six inches,or(ii)the ZBA has issued a cpecial notable 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 is 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,Article 7C,and Article 7D.
Yard, rear.That part of a building site included in the required yard(or setback area) measured from the real
actual property line.See"Yards"table in Article 7A,Article 7B,Article 7C,and Article 7D.
Yard,side.That part of a building site is included in the required yard (or setback area)measured from any
side property line.See"Yards"table in Article 7A,Article 7B,Article 7C,and Article 7D.
4/ STREET �...___..-._...__...._._
II
1 1
I
1 i%I BUILDABLE
"I AREA _ I
1 BUILDABLE .,,,,,L
BUILDABLE I i.. j }:if•='•. ne?C:S4:,�.'+. { /,
AREA I 1 , AREA ,1 -t:, i =7 ;:r+';'i,g43 ;::ii
I
11' . ,( ,
# .�JA ',EVift .S '}�.+>1 BURDABLE I/ I BUILDABLE
il,} �di 1.. N�'�1� AREA 'i "':s.• AREA
1;1; II 11"' rI.
I I ' I I� ✓ I/ /L fj /,�
i
BUILDABLE I .,I BUILDABLE a/I BUILDABLE t 1 ' �'••''
I AREA j:I 1 AREA I f:I AREA r 1 5 .
1 kW
;;^
:!1 I I •'Z. BUILDABLE
I�1.1._.____ .._.1". !'r',_____ 1 r
.:4::•::•:':, AREA
I 1 1 1 , k 1
I T S T '- T i T f:,::
STREET
SETBACK LINE
---—--— PROPERTY LINE
r FRONT YARD VARIES
BUILDING SITE DEPTH I'0'OR LESS=20'SETBACK
BUILDING SITE DEPTH OVER 1107012d=25'SETBACK
BUILDING SITE DEPTH OVER 125'=30'SETBACK
4 j/' SIDE YARD-VARIES
jj/i/ 10%OF BUILDING SITE WrOTH
%i is
F.L..;�:ry.' - } BACKYARD-20 FEET
� .•{f
`-'; Illustration 2-102d
YARDS (SETBACKS)
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Page 16 of 17
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 was adopted on March 12,2001,simultaneously with the comprehensive
amendment of this ordinance, as the said map may be amended;from time to time.
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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 at this moment divided into the following districts,with the purposes set out below:
(1) SF-4,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 arca 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 for more extensive building sites.
(3) OBSOD,the Old Building Site Overlay District.The purpose of this overlay district is to maintain and
protect building sites designated before October 24, 1987,from now on 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
regulations to maintain and protect the City's single farlify fesidences and neighberiaeecil .
(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
efbuffering 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 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 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 the application ofapplying 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 before the effective date of the TCC district.
(9) PDDs, Planned Development Districts.The PDDs are illustrated on the Zoning District Map.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.
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ARTICLE 4. ZONING DISTRICT MAP
Section 4-100. Zoning District Map [adopted by reference].
(a) The boundaries of the zoning districts set out herein are delineated upon the Zoning District Map of the City,
said map being adopted and made a part of this ordinance as fully as if the same were set forth herein in
detail.
(b) One or more originals of the Zoning District Map, bearing the signature of the Mayor and the attestation of
the City Secretary,and hearing the same date as the ordinance which last adopted it or amended it,shall be
filed with the City Secretary and retained as original records.
Section 4-101. Interpretation of boundaries.
The district boundary lines shown on the Zoning District Map are usually along streets,alleys, property lines
or extensions thereof.Where uncertainty exists as to the boundaries of districts,the following rules shall apply:
(1) Boundaries indicated as approximately following the right-of-way lines of streets, highways or alleys
shall be construed to follow such lines.
(2) Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be
construed to follow such lines.
(3) Boundaries indicated as approximately following property lines shall be construed as following such
lines.
(4) Boundaries indicated as approximately following City limits shall be construed as following City limits.
(5) Boundaries indicated as parallel to,or extensions of,features indicated above shall be so construed.
(6) Distances not specifically indicated on the Zoning District Map shall be determined by reference to
specific ordinances,motions or resolutions of the city council,the Z&PC or the ZBA,or minutes of their
meetings,concerning the areas in question.
(7) Any area not clearly included in another district is within the SF-3 District.
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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 on a building site, meeting all the following criteria:
(1) The 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)cowmen-usecommon-
use areas and (ii)areas lost because of public acquisition, adverse possession,discrepancies in
boundaries,or similar causecauses.
(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 Single-Family Residential
Uses,Table 7B-7 for Non-Single-Family Residential Uses,Table 7C-7 for Commercial Uses,and Table
7D-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.
Section 5-101. Designation of a 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 withper the criteria in effect at the time the structures were built and in
accordance withunder the apparent intent of the owners, but the.Still,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 merged 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 4
(b) Administrative official's Action.The administrative official shall designate building sites for existing
structures,in accordance withper the criteria in effect at the time the structures were built and++�
accordance withwith following the apparent intent of the owners,but the.Still,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-4 SF-�
OBSOD RCOD
(Old
Item Measurement SF_} Building (Rotated TH GR-1 GR-2 C
Corner
Site Overlay
Overlay
District)
District)
Old building
sites (before
50 ft. 100 ft.
October 24, Width, 50 ft. 75 ft. 50 ft. N/A See See 75 ft.
1987) minimum
See Notes 1 Note 4 Note 4
and 2.
Depth, 100 ft. 100 ft.
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 S
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
Area,
8,250 8,250 8,250 2,000 2,000 2,000 5,000
minimum sq.ft. sq.ft. sq. ft. sq.ft. sq. ft. sq.ft. sq.ft.
per DU per DU
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Page 2 of 4
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 tobefore 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 a 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 TH2 TH4 TH5 TH7 Cl
Old building Width, 50 ft. N/A 50 ft.
sites (before minimum
October 24,
1987)See
Notes land 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 thethe SF-44F-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 a-ad onc.Onc 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.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.
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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 The minimum area is 2,000 sq.ft.for single-family uses(attached or
detached).
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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 7A-100. Purpose and applicability.
The purpose of this Article is to prescribe regulations which that differ by residential and overlay district.
Each regulation shall be construed to carry out the purpose and intent of this ordinance as well asand the purpose
for the district and overlay district within which it applies.
Section 7A-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 7A-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-74,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
Table 7A-1:Uses exception,and uses marked"X"are prohibited.Exceptions/Special Rules:(1)See 1169
Sebeeikkles Article 7D for rules governing planned development districts.(2)See the
special rules noted in the table.The ZBA is authorized to issue all special exceptions
mentioned in this Table.
SF-2 OBSOD SF 3 RCOD
Use Category Specific Use SF4(Single-Family1 (Old Building Site (Rotated Corner
Overlay District) Overlay District)
Residential
Single-family A See Note 1
(detached)
Single-family X X X
(attached) _
Other residential X X X
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(othcr) X
Scc Notc 9
Utility or service
A See Note I
use.See Article 8.
PWSF use. A or SE See PWSF Schedule.See Note 1.
Commercial
Scc Article S
certain 'i ia.l X X
oriented
businesses.
,eemmer-ei �
X X X
m
All other uses 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
elpreviously 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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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.
owned-
Note 5. Parking Use in PDD SF2.The ZB".mayi uea-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 I'DD Cl is light office use,meaning offices for
conducting real estate,insurance and other similar busine res and the offices of the architectural,clerical,
a site plan meeting the requirements of Ordinance No.1560,adopted October 12,1998,which is continued in
Note 8. Attached dwellings in PDD SC3.Any existing attached dwellings which complied with the former Schedule PDD
TH3(Browning Townhouse PDD)at the tinge ef-their construction have PNC status,under and subject to Article 12
under this ordinance.
Note 10. Uses in TCC.The only uses allowed in TCC arc retail,light office use,and food service use.TCC docs not allow
for residential use of any kind,Parser e -uses,entertainment venues,sexually oriented businesses,auto
intensive uses,gambling establishments,surgical or emergency clinics,or any medium commercial uses.
Note 11. Hours of operation.In the C,TGC and-RDD-C1 districts,laeurs 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.
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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 the District;in this table.("N/A"means the rule does
Table 7A-2:Yards not 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 the table.(3)See 12$13
Schedules Article 7D for rules governing planned development districts.(4)See additional
setbacks in the PWSF Schedule.
SF 2 OBSOD SF 3 RCOD
Item Measurement SF4(Single-Family) (Old Building Site (Rotated Corner
Overlay District) Overlay District)
Distance from 20 feet if the building site depth is 110 feet or less;25 feet if the building site depth is
Front p and the front street more than 110 feet but not more than 125 feet;30 feet if the buildingsite depth is more
Y
line. than 125 feet.See Note 44.
Distance from
Interior the side
side yard property line Greater of 10%of the building site width or 5 feet.See Note 2.
(each side).
Street side Distance from Greater of 10%of the building site width or 5 feet.See Notes 2,3,65.
yard side street line.
Distance from
Rear yard the rear 20 ft.See Note 1.
property line.
SF Distance from
Bufferyard the nearest part N/A N/A N/A
of 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.k-ent
The 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 five of the following
criteria: (A)The building site is less than 55 feet in width and no more than 6,000 square feet in area. (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 an adjacent building site.A'prior building'is a principal
building in existence,under construction or covered by a current building permit when a building permit is issued
for a subsequent building.A'subsequent building'is a principal building that was permitted for construction after
an adjacent prior building was permitted,and that is located on a building site that has a common side property
line with the adjacent prior building.1)Exception:If there are prior buildings on both sides of a subsequent
building,each within 7 feet of the common side property lines,the minimum separation between main wall
surfaces is 8 feet. (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
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 4 of 20
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. (E)The proposed garage shall be located in the rear yard.The ZBA may
issue or modify a special exception to locate the proposed garage outside the rear yard if all the following criteria
are met.The special exception criteria conferred by Section 11-102(b)shall not be utilized when determining
whether this special exception should be granted.The scope of the decision shall be limited to criteria enumerated
below:(1)Locating the proposed garage outside the rear yard will not unduly alter the character of the immediate
neighborhood;(2)The location will not restrict access to the principal or neighboring properties for fire or life
rescue;(3)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;(4)A Protected Tree(s)that would
otherwise be removed due to a garage being constructed in the rear yard would be preserved;and(5)The
submission of a Tree Disposition Plan and Tree Survey approved by the City's Urban Forester.
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 TN,CR 2,C,and all PDD TN districts,the ZBA may issue a special exception for a zero
with a four hour fire rating or better)along the property line.See,also,Note 7,below,for QMDS.
Note 54.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 65.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.
See Article 8.
by the subdivision plat.See definitien e#Q DS yards arc allowed per the Projections
Schedule.In addition:
(a) Front yard(CR 1 or GR 2 Only):A principal building Via-internal access garage may project as close as 10
feet to the street area if,in the i9rrejecting part:(a)-there is a first floor porch or with at least 80 sq.ft.of
floor space(open or screened)and no dimension sma4er than seven feet;(b)above the porch or court,no
(d)there arc no more than 2.5 stories;and(e)there is no garage space.
(c) Rear Yard and SF Bufferyard.Buildings up to 10 feet h4gh--(measured from finished grade to top of roof plate).
Note 8. Yards in PDD Cl.In PDD Cl,the yards and street lines-arc as follows,notwithstanding other provisions of this
north right of way line of Bellaire Blvd.Exception:The rear yard open Lot 2,Block 35,Colonial Terrace Addition
(also known as the south 140 feet of Tract 9,Cambrge Ra c)is the arca within 40 feet of the rear property lino
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 5 of 20
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 arca is more than 50,but ler than 70,feet wide.(iii)The
Note 9. Yards in TCC.In TCC,the front street line is designated as the common boundary of the building site and the
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 S eel-,yes Article 7D for rules governing planned development districts.(2)See special
Pervious Areas rules noted in the table.(3)See the Projections Schedule for details about calculating open
and pervious areas.
SF 2 OBSOD S3 RCOD
Item Measurement SF4(Single-Family) (Old Building Site (Rotated Corner
Overlay District) Overlay District)
Front yard,
Open area minimum 60%
percentage.
Rear yard,
minimum 60%See Note 1
percentage.
See Note 63.
Entire
building
site, 45%
minimum
percentage.
Front yard,
Pervious minimum 50%.See Note M.
area
percentage.
Entire
building
site, 35%
minimum
percentage.
Landscaping Required,except for SFD uses on building sites with 5,000 sq.ft.or more.See Notes 32 e+aisl3.
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,additionatadditional,or better pervious area-areas may be required
to comply with Chapter 82.
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 6 of 20
Pervious •
pavement N/A
Parking areas, Each parking area containing 21 or more parking spaces must contain interior pervious areas
interior
in"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.
yard in a QMDS"low impact motor court."
Note 32.Landscaping Strips.Vegetated pervious areas are required as follows:(a)minimum of 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
speciesspecies 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.
Notc 5. Visual Suffer Zonc. In TCC,along the cast edge e€each property a landscaped buffer zone shall be established
consisting of trees,shrubs,and otherdeFatile vegetation adequate to minimize the transmittal of light and provide
a visual buffer between a use in TCC and adjaecat SF tpreperties.Evergreen shrubs shall be planted to form
growing seasons.Shrubs shall be maintained at a height that does not interfere with overhead utility lines.Tree.;
planted in the buffer zone shall not interfere with overhead utility lines.
Note 63.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 All pervious areas in a front yard must be natural vegetation or landscaped area that receives rainwater and
allows it to pass through or be absorbed.Artificial turf may be used in lieu of grass for landscaped areas,provided
it is a natural green color that is consistent with the character of the neighborhood.Final approval of artificial turf
shall be subject to the approval of the Administrative Official.
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(Supp.No.43)
Page 7 of 20
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 the table.(2)See Article 9 regarding Planned Development Districts.(3)
See Note 1 regarding special exceptions.
SF-2 OBSOD SF 3 RCOD
Item Regulation SF-4-(Single-Family) (Old Building Site (Rotated Corner
Overlay District) Overlay District)
III
Minimum 2.0 per DU(1.0 per DU for old stock housing);each must be enclosed
Garage space, Garage parking spaces. or semi-enclosed and adjoin a driveway.Maximum 1.0 per 2,225 square feet of
in general See Article 10 building site area,not to exceed 4.0.
Minimum garage
parking space Ten feet wide,20 feet deep(for each 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
Door or opening facing yard,aael-(ii)there is only open area above the driveway for at least seven feet
front street line. inward from the front yard,and(iii)any structure 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 is set back ten feet or more from the side
street line,a++4.(ii)there is only open area above the driveway for at least seven
Door or opening facing feet inward from the side street line,and(iii)any structure above the driveway
side street line
(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
accessory Max.600 sq.ft.GFA in any accessory building containing garage space.
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 leeatien-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 the table.(2)See Article 9 regarding Planned Development
Districts.
Sf--�OBSOD SF-3 RCOD
Item Regulation SF4(Single-Family) (Old Building Site (Rotated Corner
Overlay District) Overlay District)
Dwelling Maximum
units number per One,plus one accessory quarters quarter(AQ)
building site
Framed area,
Maximum
all buildings area as a
on a building percentage 80%
site of building
site area
Length or Maximum
width,any horizontal N/A
building dimension
Exterior
materials, Type N/A
any building.
Separation of Fire-rated N/A
DUs wall
SF privacy
See Note 82. N/A
protection
Accessory Maximum
buildings number per Three
See Article 10 building site
regarding
garage Height, 25 ft.
space. maximum
Stories, Two and one-half.
maximum
Principal Height,
buildings 35 feet;25 feet in the rear yard.See Note 1,and Note 443.
maximum
See Article 10 Minimum
regarding gross floor 1,400 square feet,if used for residential purposes
garage area
space.
Width, N/A
minimum
Height and
rrc-r5r*carTv
xTmTSoTrTT .F
rooftop See Note 11 .1471-A
e anical
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 3.Building Detail,TM,PDD TH and GR Districts.To separate buildings,there must be open arca at least five feet
is proportional to the building site's arca divided by the arca of all building sites in the same QAADS.
Note 6.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 7 2,Note 7.
Note 82.SF privacy protection.On a building site where this applies(see Figure SFP at the bottom of Appendix A),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 fleerthird-floor viewpoint in question,(ii)on a building site in an SF District,and(iii)
below 20 feet in height.See figure SFP.
Note 9.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.
- -• : .., .. _ .. , , .. -- - - •.• a -- - -- - -• - -
Note 11.Rooftop Mechanical Equipment.In the C,TCC and PDD Cl districts,any rooftop mechanical equipment,whether
elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such building
Note 12.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
rooftop mechanical equipment,whether new or replae+ ent,shall be fully screened from eff site and street arca
views through design and materials consistent with the overall design and colors of the principal building.This may
the m m building height limit'
Note 13.Street Level Orientation in TCC.In TCC,the first floor of all buildings shall be at grade level.Elevated structures
Note 443.Height of Flood Loss Structures.The roof height of existing flood loss structures that arc 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.
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(Supp.No.43)
Page 10 of 20
General Rule:Every building site,vehicular area,and related structure must conform
Table 7A-5a: to the applicable regulations shown,by District,in this table.("N/A"means the rule
Parking,driveways,etc.
does not apply.)Exceptions/Special Rules:(1)See special rules noted in the table.(3)
See Article 9 regarding Planned Development Districts.(3)See Note 7 regarding
special exceptions.(4)See Article 10.
OBSOD SF-3 RCOD
Item Regulation SF4(Single-Family) (Old Building Site (Rotated Corner
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
Other location,size, maneuvering areas,design requirements, "same site"rule,yards,street areas,loading
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.
Emergency
Minimum 20 ft,via public or private street,to each principal building and each DU(or to an
width.See adjacent open area accessible to firefighters and equipment).Other regulations also
accessway
Note 1. apply,e-ge.g.,fire code.
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 the side street
yard or street area of a corner site serving a side-facing garage with three or more bays:30 feet;(iv)
Driveways andAny other driveway:20 feet.For other residential uses:24 ft.(or 35 feet if connecting
area)
private streets See Note 1. � thoroughfare).to a major For all other uses:30 feet(or 35 feet if connectingto a
Other major thoroughfare).
regulations
apply;see,e.g. For non-SFD uses:160 feet,driving distance to the nearest street area,measured
Article 10 Maximum along the centerline from the farthest end point.A longer driveway is allowed if there
length is an approved turnaround or second means of egress,or if the d4ve-waydriveway is
platted as part of the common area in a QMDS.
Route,location See Note 6.
For non-SFD uses:There must be at least 40 feet between the"inside"apron edges(at
Spacing 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
(�) 9 9
"overhang."
Markings;-w#+ee4 _
steps, ctops arc rcquircd.Sec Notc 12.
Curb cuts For SFD use:Maximum one per designated building site abutting the street.For non-
Other Number SFD uses:Maximum one per 50-ft.segment of street line.See Note 5.
regulations
apply;
see,e.g.Article Max.width per Four feet(for aprons)plus the maximum driveway width allowed.Each curb cut must
10 and 50-ft.segment be confined to the part of the street area that directly abuts the building site(s)
Chapter 70 of of street line served.See Note 1.
the Code of
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
h
non SFD use,pavement.Maximum driveway width refers tot a 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. (A)Circular driveways.If a SFD building site has 60 feet or
greater frontage measured along the front street line,then two curb cuts for a circular driveway are permitted if:
(1)Both curb cuts are on the same street and located along the front street line;(2)At the front street line,no part
of the curb cuts or driveways are closer than two feet to a side property line;(3)In the street area,no part of the
curb cuts or driveways cross the imaginary extension of a side property line,unless the affected neighboring
owner consents in writing;(4)Measured along the edge of the main traveled roadway,the inside edges of the
curb cuts and driveways at the property line are at least 24 feet apart;(5)Within the street area,the edges of each
driveway are perpendicular to the edge of the main traveled roadway and;(6)The proposed driveways are no
wider than what is allowed or specified in table 7-5a in appendix A of the Code of Ordinances. (B)Corner lots.
Regardless of street frontage,corner lots shall be expressly prohibited from constructing a driveway which
connects two intersecting streets(i.e.,cutting the corner).If a SFD building site is 60 feet or greater in width and
meets the requirements for a circular driveway as specified in Table 7-5a,Note 5(a)(1-6),corner lots shall be
permitted up to two curb cuts along the front street line,but in no case may exceed a total of three per building
site(i.e.,two curb cuts for a circular driveway along the front street line and one curb cut for a straight driveway
on the side street that services a functioning garage utilized for the off-street parking of motor vehicles)if:(1)The
additional curb cut(s)will not cause the building site to exceed a total of two curb cuts along the front street line;
(2)Each curb cut is at least 15 feet from the intersection of the street rights-of-way and;(3)The proposed
driveway will not cause the building site to exceed the maximum impervious coverage requirement stipulated in
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
Page 12 of 20
Table 7-3:Open&Pervious Areas. (C)Through lots.Through lots shall be permitted one additional curb cut per
abutting street not serving as the primary entrance to the residence.The additional curb cut(s)must service a
functioning garage utilized for the off-street parking of motor vehicles. (D)Busy streets.Bissonnet Street,Buffalo
Speedway,West Holcombe Boulevard,Bellaire Boulevard,and Kirby Drive shall be permitted one additional curb
cut for a circular driveway if the building site is 50 feet or greater in width. (E)The ZBA may issue a special
exception for additional curb cuts in a different design or location than prescribed by this ordinance.
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(see
Table 7A-5a,Note 5),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 S.Curb Cuts in PDD TN1.(i)If a building site abuts beth Bellaire Boulevard and another street,then all vehicular
access shall be from the other street,and ne more than two curb cuts shall be allowed.However,in the case of the
development of Lots 6,7,8,9 and the cast ten feet of Let 18,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
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
Note 10.Driveways in POD TH7.Cul de sac driveways in P. 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 TN2.(i)If a building site abuts both Kirby Drive aecl another street,there may be one curb cut
b.,limited to two curb cuter
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.
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(Supp.No.43)
Page 13 of 20
General Rule:Every structure must conform to the applicable regulations shown;by
Table 7A-5b:Certain District;in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)
Structures See special rules noted in the table.(3)See Article 9 regarding Planned Development
Districts.
SF4 OBSOD SF-3 RCOD
Item Regulation SF-4(Single-Family) (Old Building Site (Rotated Corner
Overlay District) Overlay District)
Maximum
Swimming number per One.See Note 1.
pools
building site
Maximum
Tennis courts number per One(may only be a private tennis court).See Note 1.
building
site
All structures
See Note 42 Height,
See,also, maximum 25 feet.But see the"Buildings"table for certain building height limits.
Article 8
Note 1. Tennis Courts.,Swimming Pools in SF Districts.Each tennis court in a-an 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 TN Districts.The ZBfl may i sue a special exception for a tennis court or a
See Note 1.
Note 3. Height in C District.In the C District,no part of any s`-u".t, (except a4ence)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.
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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
Art:-,-
OBSOD RCOD
Item Measurement SF(Single-Family) (Old Building Site (Rotated Corner
Overlay District) Overlay District)
Old building sites
(before October Width, 50 ft. 75 ft. 50 ft.
24,1987)See minimum
Notes 1 and 2.
Depth, 100 ft.
105 ft. 100 ft.
minimum
Area 5,000 7,875 5,000
minimum sq.ft. sq.ft. sg•ft.
New building sites
(on or after Width, 75 ft. 75 ft. 75 ft.
October 24,1987) minimum
See Note 3.
Depth, 110 ft. 110 ft. 110 ft.
minimum
Area 8,250 8,250 8,250
minimum sq.ft. sq.ft. 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.
Note 3. Certain Re-Subdivisions After October 24,1987.A subdivided lot in the 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
1110)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
f 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.
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(Supp.No.43)
Page 15 of 20
I
Table 7 6.Projections Schedule
General Rule:This schedule describes certain structures which that are allowed
Table 7A-7.Projections Schedule to"project"into yards(or setbacks).It also provides special rules for calculating
open and pervious previous 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
extensions, 24"except
that no
"greenhouse"and item below
bay windows(no
the eave
floor space),window
15"See
Note 1.1. 15"See ma be
closer than 15"See The area does
sillswindowsills, Notes 4-4 y
Notes 44 not count as
cantilevered building 004 4312 36"to the 0434 4312 open area.
space,window
boxes,belt courses, SPL.See
window air Notes 44
I conditioners,and X312
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 may be not count as
Attached 15" Notes 44 Notes 44
areas of 8 square closer than either open or
Structures and-1312 and4312
feet or less) 36"to the pervious area.
and similar parts of SPL.See
buildings. Notes 44
404 4312
The area does
not count as
either open or
Porches/platforms/d 0,but see pervious area.
ecks higher than 14 0 See Notes 0 See Notes
inches;and similar Note 1,-2,
1.1 and 44-404 0 See Notes The area beneath
Sec Note 1.1 and 1312 a deck may count
structures attached 4-312 4-312
4 as pervious area
to a building. if rain is allowed
to pass through
the deck.
Steps not higher 0 See Notes 0.See Notes The area does
than the first 120"See ,4-404 }fid 0.See Notes not count as
fieesfirst-floor level. Note 1.1. }312 4-312 1.1 and 1312 either open or
— — 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 an open area.
higher than six No limit. The area beneath
120"See 0 See Note a deck may count
inches but not Sec Note No limit
higher than 14 Notc 1.1. 4,1, 4-312. 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 The area does
0,but see Notes 3 and 0,but see
buildings and Note 3.See not count as
Note 2.See 4.See Notes Note 5.See
structures attached Notes 1-4 either open or
Notc 1.1. 1-3-and Note 4-312.
to buildings. 4-312 and-1-312 pervious area.
The area counts
as an open area
Sidewalks,patios, but not as
porches/platforms/d perviou -areas
ecks,retaining walls, pervious one
driveways,parking Ale-There is unless the
Cround areas,and similar no limit, material is
ledelGround level structures not except that completely
and underground higher than six decks may No limit No limit No limit pervious to
inches;all not project water.The area
items underground more than beneath a deck
structures.See also 120" may count as a
Table pervious area if
7A-3 regarding rain is allowed to
pervious pavement. pass through the
deck.See Table
7A-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 an
related apparatus 0 No limit 15" 12" open area and
pervious area.
No limit The area may
count as
Basketball goals 120" No limit generally, No limit both open area
but see
Note 7. and pervious
area.
Certain Accessory
Structures
Book Sharing
No limit The area does
Exchanges generally, 0 0 0 not count as
but see either open or
(1 per building site) Note 13.
pervious area.
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The area may
Playground count as
0 No limit 0 No limit both open area
equipment
and pervious
area.
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 an 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 No limit
generally, generall The area may
Lights and Y. generally, generally, count as both
lampposts brtgenerall butgenerall generall rtgenerally open area and
y but see y but see v but see but see Note
Note 10. Note 10. Note 10. 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 No limit 0 0 0 not count as
Ordinances) either open or
pervious area.
/Vote 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 a 4-efall the following criteria:
(i) It is neither designed nor usable for motor vehicics;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
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Page 18 of 20
inches deep and extends from one side yard line to the other,but. . .--• -: _ -- - - - . ----- -
t-14e-ffent-yar-e[the open area requirement for the front yard limits it.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 linetli
(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(as defined in
Sec.2-102)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-an 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 irrbe 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 encroaching in Side Yards.A building may project toward an interior side property line(not a side street
line)if it meets all ef-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),€xceptien).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.
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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)
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 itv ordinance governing
setbacks for swimming pools and appurtenances.
Note 10.Lampposts.Maximum The maximum diameter of projecting posts is six inches;the 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 Rotated Corner Overlay District),
except for temporary construction fences required by Chapter 18 of the Code of Ordinances.
Note 4312.Old Stock Housing.The ZBA may issue a special exception to authorize the projection of buildings and
attached structures into a side yard,rear yard,or an SF Bufferyard7 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.
Note 4413.Book Sharing Exchange(s).No part of the structure may project into the Right-of-Way.Installation subject to
guidance and final approval by the Administrative Official.
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Page 20 of 20
PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS
ARTICLE 78. NON-SINGLE-FAMILY RESIDENTIAL DISTRICT-SPECIFIC REGULATIONS
Section 7B-100. Purpose and applicability.
The purpose of this Article is to prescribe regulations that differ by residential district. Each regulation shall
be construed to carry out the purpose and intent of this ordinance and the purpose for the district within which it
applies.
Section 7B-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-7&,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 as the primary
use,uses marked"SE"are allowed as the primary use to the extent authorized by
Table 76-1:Uses special exception,and uses marked"X"are prohibited.Exceptions/Special Rules:
(1)See PDD Schedules Article 7D for rules governing planned development
districts.(2)See the special rules noted in the table.The ZBA is authorized to issue
all special exceptions mentioned in this Table.
Use Category Specific Use TH GR-1 GR-2
Residential Single-Family A See Note 1 A
(detached)
Single-Family A See Note 1 A
(attached)
Other residential X A
Park,playground,
Public and Semi- or community
Public center(public), See Notes 1 and 3
school(public),
place of worship
Private green See Notes 1 and 2
space
wool(other) X X
Sec Note 9
Utility or service
use.See Article 8. A See Note 1
PWSF use. A or SE See PWSF Schedule.See Note 1.
Commercial
See Article 8
Feger-diog
6eFt-ei4Light co crci jl X X X
scxuolly
oriented
businesses
Mediam
commercial
All other uses 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
pFevieusly-issaedpreviouslv 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 eve-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 area(i)necessary
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(Supp.No.43)
Page 2 of 20
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 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)an
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.
owned,
included as site specific conditions of the special exception.
conducting real estate,insurance and other similar businesses and the offices of the architectural,clerical,
arc employed as arc customarily required for the practice of such business or profs cion.
Note 7. Garden style use in PDD TH4."Garden style"single family detached use is allowed in PDD TN4 if authorized-by
a site plan meeting the requirements-et Ordinance No.1560,adapted October 12,1998,which is continued in
of this ordinance.The minimum width for interior side yards for such dwelling units is zero where there is an
under this ordinance.
Note 10. Uses in TCC.The only uses allowed in TCC are Fetaii 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 11. Hours of operation.In the C,TGC and PDD Cl districts,hears-of operation for commercial uses shall not
Ordinances.
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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 7B-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 the special rules noted in the table.(3)See
PDD Sr- -ked u'cs Article 7D for rules governing planned development districts.(4)See
additional setbacks in the PWSF Schedule.
Item Measurement TH GR-1 GR-2
Distance from 10 ft. 20 ft.
Front yard the front street
See Note-73. 20
Note 23.
line.
Distance from
Interior the side
side yard property line 5 ft.See Notes 41 and 4.2.See Note-73.
(each side).
Street side Distance from
yard side street line. 10 ft.See Note-73.
Distance from
Rear yard the rear 20 ft.See Note 73. 5 ft.See Note 73.
property line.
SF Distance from
Bufferyard the nearest part 20 ft.See Note.73.
of an SF District.
"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 7 2.Except- ns:1)If the site is"flag"shaped or irregular,the"flag"
access to the street adjacent to the back yard;3)If a thFsizich lot abuts Auden Street and a dead end street,then
criteria: (A)The building site is ley;than 55 feet in width and no more than 6,000 square feet in area. (B)The use
is single family(detached)use. (C)Outside the rear yard,no main wall surface of any building is closer than 10
line with the adjacent prior building.1)Exception:If there are prior buildings on both sides of a subsequent
surfaces is g feet. (D)The owner has designated alternate side setback areas in a form approved by the
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(Supp.No.43)
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submission of a Tree Disposition Plan and Tree Survey approved by the City's Urban Forester.
Note 3.Rotated Corners.For rotated eorner building;i4es-(SF 1 District only),the minimum side street yard width is:(i)
cite width is 75 feet or more but less than 100feet,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 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 below;for QMDS.
Note 42.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 below;for
QMDS.
Note 5.Major Thoroughfares.The ZBA-may issue a special-exceptien-fer a front yard Ice,than 30 feet deep abutting a
major thoroughfare,if the front yard-pKescribed isat-4east 10 feet-deep,and if the special exception requires the
greatest practicable amount of pervious arca in the front yard.
Note 6.Special Exception.The ZBA may presen-be a different street side yard by special exception relating to frontage.
See Article 8.
Note Yards In QMDS. In a QMDS,yards are only required around the perimeter of the subdivision and are designated
by the subdivision plat.See the 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 arc as follows,notwithstanding other provisions of this
ordinance:(i)The rear yard is the ar-ea within 29-feet of the rear property line(the line farthest from Bellaire Blvd.)
of any building site,and for this purpose,the said-Fear property line shall be not in excess of 120 feet from the
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-- -• - ' -- •'• •- -- - - :- -. .. .. .- •- a -- -
within five feet of any side street line where the street area is more than 50,but less than 70,feet wide.(iii)The
General Rule:Every building site must have the minimum open and pervious-previous areas
Table 7B-3:Open& shown,by District,in this table.("N/A"means the rule does not apply.)Exceptions/Special
Rules:(1)See POD Schedules Article 7D for rules governing planned development districts.(2)
Pervious Areas
See the special rules noted in the table.(3)See the Projections Schedule for details about
calculating open and pervious areas.
Item Measurement TH GR-1 GR-2
Front yard,
Open area minimum N/A 40%
percentage.
Rear yard,
minimum N/A N/A
percentage.
See Note 64.
Entire
building
site, 25% 25%
minimum
percentage.
Pervious Front yard,
minimum 50%See Note 21. 50%See Note 21.
area
percentage.
Entire
building
site, 15% 15%
minimum
percentage.
Landscaping Required,except for SED uses on building sites with 5,000 sq.ft.or more.See Notes 32 enc14.
strips
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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 43.
Parking areas, Each parking area containing 21 or more parking spaces must contain interior pervious areas
interior
in"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 ZBAc a special exception to reduce the requirement for open area in
a rear yard in a SF District to not less than 4.Q%,if the rear yard abuts a non SF District.
Note Pervious Area in QMDS.front The 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 32.Landscaping Strips.Vegetated pervious areas are required as follows:(a)a minimum of 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)a minimum of 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 drivewayf,sidewalks or driveways must
cross them.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 43.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 ewe of each property a landscaped buffer zone shall be established
a visual buffer between a use in-ICC and-adjacent SF distrropertics.Evergreen shrubs shall be planted to form
a continuous hedge with no gaps.Skims shat-ie hardy speeics 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
Note 64.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.
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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 78-4a:Garage Space Areas means the rule does not apply.)Exceptions/Special Rules:(1)See special rules
noted in the table.(2)See Article 9 regarding Planned Development Districts.(3)
See Note 1 regarding special exceptions.
Item Regulation TH GR-1 GR-2
Garage space, Garage parking spaces. Minimum 2.0 per DU;each must be enclosed.
in general See Article 10
Minimum garage
parking space 12 ft.wide,25 ft.deep(for each required garage parking space).
dimensions
Garage door
Maneuvering area See Article 10
or openings
Door or opening facing (May affect eligibility as QMDS.See definitions in Article 2.)
front street line.
Door or opening facing (May affect eligibility as QMDS.See definitions in Article 2.)
side street line
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
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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.
General Rule:Every structure must conform to the applicable regulations shown,by
Table 7B-4b:Buildings District7 in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)
See special rules noted in the table.(2)See Article 9 regarding Planned Development
Districts.
Item Regulation TH GR-1 GR-2
Maximum
Dwelling number per 17.5 per acre.See Note 97 Two 24 per acre.
units
building site
Maximum
Framed area,
all buildings area as a o
on a building percentage 100%See Note 43.
site
of building
site area
Length or Maximum
width,any horizontal 130 feet.See Note 32.
building dimension
Exterior
materials, Type Must be of equal grade and quality,on all sides.See Section 8-104
any building.
Separation of Fire-rated A four-hour fire walifirewall,or its equivalent,must separate adjoining dwelling units.See
DUs wall Notes 32 and 64.
SF privacy See Note&6. Applies.
protection
Accessory Maximum
buildings number per N/A
See Article 10 building site
regarding
garage Height, 25 ft.
space. maximum
Stories, Three. See Note 65.
maximum —
Principal Height,
buildings 35 feet;25 feet in rear yard.See Note 17 and Note 448.
maximum
See Article 10 Minimum
regarding gross floor 1,200 sq.ft.,each 750 sq.ft,each DU
garage DU.
area
space.
Width, 16 ft.,each DU. N/A But see QMOS Schedule
minimum
Height and
screening of
rooftop See Note 11 iv¢A
pa-eche-Ric-al.
equipment
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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.
distance from that part to the nearest part of an SF District.
Note 32.Building Detail,TH,PDD-THS and GR Districts.To separate buildings,there must be an 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 54.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 7B-2,Note 7.
Note 86.SF privacy protection.On a building site where this applies(see Figure SFP at the bottom of Appendix A),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-fleerthird-floor viewpoint in question,(ii)on a building site in an SF District,and(iii)
below 20 feet in height.See Figure SFP.
Note 87.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.
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 maximum building height limit.
Note 13.Street Level Orientation in TCC.In TCC,the first floor of a44-buildings shall be at grade level.Elevated structures
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Note 448.Height of Flood Loss Structures.The roof height of existing flood loss structures that arc 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.
General Rule:Every building site,vehicular area,and related structure must conform
Table 7B-5a: to the applicable regulations shown,by District,in this table.("N/A"means the rule
Parking,driveways,etc. does not apply.)Exceptions/Special Rules:(1)See special rules noted in the table.(3)
See Article 9 regarding Planned Development Districts.(3)See Note regarding
special exceptions.(4)See Article 10.
Item Regulation TH GR-1 GR-2
Off-street
parking spaces
and parking Number, Depends on land use,layout,etc.See this Table, Table 78-4a,and Article 10(including
areas location,size, maneuvering areas,design requirements, "same site"rule,yards,street areas,loading
Other
design spaces,etc.).
regulations
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,ege.g.,fire code.
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.
For SFD use:(i)Driveway serving any single-bay garage:12 feet.(ii)Driveway in a front
Maximum yard serving rear garage or side-facing garage:12 feet.(iii)Driveway in the side street
width(in front
Driveways and yard or street area of a corner site serving a side-facing garage with three or more bays:30 feet;(iv)
private streets Any other driveway:20 feet.For other residential uses:24 ft.(or 35 feet if connecting
Other area) to a major thoroughfare).For all other uses:30 feet(or 35 feet if connecting to a
regulations See Note 1. major thoroughfare).
apply;see,e.g.,
Article 10 For non-SFD uses:160 feet,driving distance to the nearest street area,measured
Maximum along the centerline from the farthest end point-endpoint.A longer driveway is
length allowed if there is an approved turnaround or second means of egress,or if the drive
waydriveway is platted as part of the common area in a QMDS.
Route,location N/A
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For non-SFD uses:There must be at least 40 feet between the"inside"apron edges(at
Spacing their narrowest points)of driveways serving the same building site.
For SFD use:Hard-surfaced or pervious pavement is required for each required
Required type driveway and parking space;twin"ribbons"of pavement are permitted.For all other
Pavement uses:Reinforced concrete,with curbs and drains,is required for all vehicular areas.
See Note 4. Exceptions:(i)See Table 7B-3pervious 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 447.
Curb cuts For SFD use:Maximum one per designated building site abutting the street.For non-
Other Number SFD uses:Maximum one per 50-ft.segment of street line.See Note 5.
regulations
apply;
see,e.g.Article Max.width per Four feet(for aprons)plus the maximum driveway width allowed.Each curb cut must
10 and 50-ft.segment be confined to the part of the street area that directly abuts the building site(s)
Chapter 70 of of street line served.See Note 1.
the Code of
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
See definitions
in Article 2 plants,and
other things not require the removal of trees in existence on July 1,1992,if kept pruned.
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 the 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-9444044.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. (A)Circular driveways.If a SFD building site has 60 feet or
greater frontage measured along the front street line,then two curb cuts for a circular driveway are permitted if:
(1)Both curb cuts are on the same street and located along the front street line;(2)At the front street line,no part
of the curb cuts or driveways are closer than two feet to a side property line;(3)In the street area,no part of the
curb cuts or driveways cross the imaginary extension of a side property line,unless the affected neighboring
owner consents in writing;(4)Measured along the edge of the main traveled roadway,the inside edges of the
curb cuts and driveways at the property line are at least 24 feet apart;(5)Within the street area,the edges of each
driveway are perpendicular to the edge of the main traveled roadway and;(6)The proposed driveways are no
wider than what is allowed or specified in table 7-5a in appendix A of the Code of Ordinances. (B)Corner lots.
Regardless of street frontage,corner lots shall be expressly prohibited from constructing a driveway which
connects two intersecting streets(i.e.,cutting the corner).If a SFD building site is 60 feet or greater in width and
meets the requirements for a circular driveway as specified in Table 7-5a,Note 5(a)(1-6),corner lots shall be
permitted up to two curb cuts along the front street line,but in no case may exceed a total of three per building
site(i.e.,two curb cuts for a circular driveway along the front street line and one curb cut for a straight driveway
on the side street that services a functioning garage utilized for the off-street parking of motor vehicles)if:(1)The
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(Supp.No.43)
Page 12 of 20
additional curb cut(s)will not cause the building site to exceed a total of two curb cuts along the front street line;
(2)Each curb cut is at least 15 feet from the intersection of the street rights-of-way and;(3)The proposed
driveway will not cause the building site to exceed the maximum impervious coverage requirement stipulated in
Table 7-3:Open&Pervious Areas. (C)Through lots.Through lots shall be permitted one additional curb cut per
abutting street not serving as the primary entrance to the residence.The additional curb cut(s)must service a
functioning garage utilized for the off-street parking of motor vehicles. (D)Busy streets.Bissonnet Street,Buffalo
Speedway,West Holcombe Boulevard,Bellaire Boulevard,and Kirby Drive shall be permitted one additional curb
cut for a circular driveway if the building site is 50 feet or greater in width. (E)The ZBA may issue a special
exception for additional curb cuts in a different design or location than prescribed by this ordinance.
Note 6.Route;Alternating Driveways.Each driveway pct 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
destroying or seriously injuring a tree.
Note-76.Special Exceptions.The ZBA may issue a special exception for a parking area,garage,or driveway(or et-4e'
maneuvering areaanother 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 TN1.(i)If a building site abuts both-Bellaire Bet+levar�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 cast ten feet of Let 18,81-eek 1,Kent Place Addition,if Lot 6 is included in
curb cuts.
more than two curb cuts on Academy arc permitted.(ii)If a building site abuts only Bissonnet,there may be no
more than two curb cuts.
Note 10.Driveways in POD TN7.Cul de sac driveways in PDD TH7 may net-exceed 50 feet in length,or 200 feet if a
Note 11.Curb Cuts in POD TH2.(i)If a building site and another street,there may be one curb cut
be limited to two curb cuts.
Note 1.27.Curbs as Wheel Stops.Curbs may be used as wheel stops.Arca The area outside a curb-wheel stop counts
toward minimum parking space dimensions if actually usable as an"overhang"and not needed for the
maneuvering area.
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General Rule:Every structure must conform to the applicable regulations shown;by
Table 7B-5b:Certain District;in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)
Structures See special rules noted in the table.(2)See Article 9 regarding Planned Development
Districts.
Item Regulation TH GR-1 GR-2
Swimming
Maximum
number per See Note 21. N/A
pools
building site
Maximum
number per
Tennis courts building N/A N/A
site
All structures
See Note 42 Height,
See,also, maximum 25 feet.But see the"Buildings"table for certain building height limits.
Article 8
inSFDistricts.Each tennis court in a SF District must:(i)be aprivateucture forCourts.,Swimming
structure for a single building site,(ii)be used for residential purposes only,(iii)be open to the sky,but enclosed
an SF District must be a private accessory structure for a single building site and used for residential purposes only.
Note 21. 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,butDistricts but may serve only-
plattcdcommonly platted or restricted sites.See Note 1.
Note 3. 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.
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General Rule:This table prescribes the minimum dimensions for building sites;by
Table 7B-6:Building Site District.("DU"means"dwelling unit.")Exceptions/Special Rules:(1)See PDD
Dimensions 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 TH GR-1 GR-2
Old building sites
(before October Width, N/A 50 ft. 100 ft.
24,1987)See minimum See Note 4 See Note 4
Notes 1 and 2.
Depth, N/A 100 ft. 100 ft.
minimum See Note 4 See Note 4
Area 2,000 5,000
sq.ft. sg•ft• 40,000 sq.ft.See Note 5
minimum per DU See Note 5
New building sites
(on or after Width, N/A N/A N/A
October 24,1987) minimum
See Note 3.
Depth, N/A N/A N/A
minimum
2,000 2,000 2,000
Area
sq.ft. sq.ft. sq.ft.
minimum 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 the 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
1110)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.
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).
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Page 15 of 20
Table 7 G D.o1cctions Schcd. le
General Rule:This schedule describes certain structures which that are allowed
Table 7B-7.Projections Schedule to"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
extensions, 24"except
"greenhouse"and that no
bay windows(no item below
the eave
floor space),window 15"See 15"See ma be 15"See The area does
5ilkwindowsills. Notes 1.1 y Notes 1.1 not count as an
Note 1.1. closer than
cantilevered building and 13 36"to the and 13. open area.
space,window
boxes,belt courses, SPL.See
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-sectionalmay be not count as
Attached areas of 8 square 15" Notes 1.1 closer than Notes 1.1 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
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
to a building. 1.1. as pervious area
if rain is allowed
to pass through
the deck.
Steps not higher The area does
than the# 120"See 0 See Notes 0.See Notes 0.See Notes not count as
#ies�first floor level. Note 1.1. 1.1 and 13. 1.1 and 13. 1.1 and 13. either open or
pervious area.
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Page 16 of 20
Items near ground The area counts
level:porches, as an open area.
platforms,and decks The area beneath
higher than six No limit. a deck may count
inches but not 120"See See Note 0 See Note No limit as a pervious
higher than 14 Note 1.1. 1.1. 13• area if rain is
inches,and similar allowed to pass
structures attached through the
to buildings deck.
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 4.See Notes Note 5.See Notes 1.1 either open or
Note 1.1. Note 13.
to buildings. 1.1 and 13. and 13. pervious area.
The area counts
as an open area
Sidewalks,patios, but not as
porches/platforms/d pervious arca
ecks,retaining walls, pervious one
driveways,parking Ne-There is unless the
Cround areas,and similar no limit, material is
ieveiGround-level structures not except that completely
and underground higher than six decks may No limit No limit No limit pervious to
inches;all not project water.The area
items underground more than beneath a deck
Istructures.See also 120" may count as a
Table pervious area if
78-3 regarding rain is allowed to
pervious pavement. pass through the
deck.See Table
78-3.
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
generally, count as
Basketball goals 120" No limit but see No limit both open area
Note 7. and pervious
area.
Certain Accessory
Structures
Book-Sharing No-limit The aFee•Joel
Exchanger, generally, 0 0 0 not count as
(1 per building site) but-see either-epeo-or
Note 13. pervious area.
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The area may
Playground count as
equipment 0 No limit 0 No limit both open area
and pervious
area.
The area may
count as
Flagpoles 120" 0 0 0 both open area
and pervious
area.
0,but see No limit, The area does
but see not count as
Fences Notes 8.1, No limit No limit
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 an 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
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
Lights and generally, generally, generally, No limit
count as both an
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 No limit 0 0 0 not count as
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
Created: 2023-05-09 15:30:21 [EST]
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Page 18 of 20
inches deep and extends from one side yard line to the other,but it is limited by the open arca requirement for
the front yardthe open area requirement for the front yard limits it.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.
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 inbe in a rear yard or SF Bufferyard(as defined
in Sec.2-102)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-an 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-inbe 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.
Created: 2023-09-09 15:30:21 [EST]
(Supp.No.43)
Page 19 of 20
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
0
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)
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 CityCity ordinance governing
setbacks for swimming pools and appurtenances.
Note 10.Lampposts.Maxi The maximum diameter of projecting posts is six inches;the 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 Rotated Corner Overlay 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 fencesfences may be 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 the 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.
Created: 2023-05-09 15:30:21 [EST]
(Supp.No.43)
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PART II -CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS
ARTICLE 7C. COMMERCIAL DISTRICT-SPECIFIC REGULATIONS
Section 7C-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 asand the purpose for the district within
which it applies.
Section 7C-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 Structures;
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 19
Table 7C-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 the special rules
noted in the table.The ZBA is authorized to issue all special exceptions
mentioned in this Table.
Use �z ,
Category Specific Use C TCC
Residential Single-family X
(detached
Single-family X X
(attached)
Other residential X X
Public and Park,playground,or A See
community center
Semi- Notes 32 X
Public (public),school(public), and 43
place of worship —
Private green space
School(other) SE See
See Note 94 Note 32 X
Utility or service use. A Se _
See Article 8.
PWSF use. A or SE See PWSF Schedule.Sec Note 1.
Commercial
See Article 8
regarding
certain Light commercial A See Note 446 A-See Notes 195 and 446
sexually
oriented
businesses.
Medium SE X
commercial
All other uses X X
Note 31. 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 sero,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 area (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) an
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.
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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 POD SF2. The Z-BA may &sue 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
engineering,legal,dental,medical and other estalakshedand-recogai-red professions,in which only such personnel
arc employed as are customarily required for the practice of such business or profession.
site plan meeting the requirements of Ordinance Ne.4560,adoptedQetober 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.
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)aleag the property line, in either case with a four
hour fire rating or better. The minimum number of paFking spaces i€two per dwelling unit, and additional guest
parking is not required, notwithstanding other pFevisiens of this oriaance or any special exception issued under
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 105. 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 146. 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.
(Supp.No.43)
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General Rule:No part of any structure may be located within a part of a building
Table 7C-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
Front yard Distance from 30 ft. 10 ft.
front street line. See Note 53 See Note 94
Distance from 5 ft.
Interior side yard side property line
See Notes 442 and 4.2.
(each side).
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 aR 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 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.
criteria: (A)The building site is lerz than 55 feet in width and no more than 6,000 square feet in arca. (B)The use is
existence, under construction or covered by a current buikiing permit when a building permit is issued for a
(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:
(E)The proposed garage shall be located in the rear yard.The ZBA may issue or modify a special exception to locate
the proposed garage outside the rear yard if all the following criteria arc met. The special exception criteria
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the City's Urban forester.
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 or less,(414 19-fect plus thedistance 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 banding sites 100 feet wide or more,the side street yard
width is determined by the same rules as the from yard depth, except that the "depth" of the building site
measured from the side street line.
Note 442. 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.
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.
:. - - - - - - - - - • - - _ :mage.See
Article 8.
Schedule.In addition:
(a) Front yard(CR 1 or CR 2 Only):A principalilding with-aw 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 sM.aller 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,arc allowed above all the porch or ea rt);(c)the cornice height does not exceed 27 feet;(d)there
arc no more than 2.5 stories;and(e)there is no garage space.
(b) Front yard:Bay windows,canopies and baleeaiesat least 18 inches above grade may project up to 24 inches
(c) Rear Yard and SF Buffcryard.Buildings up-te 10-feet high(e.easured 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 s4ree#.lines arc 34 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.)
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 arca within 40 feet of the rear property line of said
lot,said rear property line being located 140 ner-h of the north right of way line of Bellaire Blvd.(ii)The street side
yard is the arca 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 areais more than 50,but less than 70,feet wide.(iii)The front yard is
Note 94.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
(Supp.No.43)
Page 5 of 19
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.
General Rule:Every building site must have the minimum open and pervious areas
Table 7C-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.
Scc 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 31
strips and 33.
For SFD uses on building sites with 5,000 sq.ft.or more,Chapter 82 of the Code of
Qualified trees containing at lest 25 sq.ft.However,additional or better pervious are 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 42.
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.
rear yard in a SF District to not less than 10%,if the rear yard abuts a non SF District.
in a QMDS"low impact motor court."
Note 31.Landscaping Strips.Vegetated pervious areas are required as follows:(a)a minimum of 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) a 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 drivewayssidewalks or driveways must cross
them.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.
(Supp.No.43)
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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).
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 18-4%418-
inch width at the widest portion when planted.Shrubs shall be capable of growth growing 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.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 arca,for all buildings on the
site,that does not exceed the greater of 3,400 square feet-er 200%of the gross floor arca of all the buildings on the
nearby properties.
it to parr through or be absorbed.,4rtifieial turf may be used in lieu of grass for landscaped areas,provided it is a
subject to the approval of the Administrative Official.
(Supp.No.43)
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Table 7C-4a:Garage space General Rule:Every building site,garage space,and related structure must
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 the 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
front street-line.
Door or opening facing (May affect eligibility as QMDS.See definitions in Article 2.).
side street line
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.
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General Rule:Every structure must conform to the applicable regulations
Table 7C-4b:Buildings shown;by the District;in this table._("N/A"means the rule does not apply.)
Exceptions/Special Rules:(1)See special rules noted in the table.(2)Sec 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;on all sides.See Section 8-104
any building.
A four-hour fire wall,or its equivalent,
Separation of DUs Fire-rated wall must separate adjoins adjoining N/A
dwelling units.See Notes 3-aa482.
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
space. 124 and 4-35.
Stories,maximum N/A Two
Principal buildings Height,maximum 35 ft.See Note 21. 35 ft.See Notes
See Article 10 4-24 and 435.
regarding garage Minimum gross
space. floor area 1,400 sq.ft.
Width,minimum N/A
Height and
screening of
rooftop See Note 44-3 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, TH,('DD T4-1-09#34 GR Districts.Te sedate-buildings,there must be open arca at lest five feet wide
percentage by(a)the building site's-area plus(b)an allocated part of any common use areas in the same QAADS
(Supp.No.43)
Page 9 of 19
Note §2. Building Code. Separation requirements are in addition to other requirements of building codes and other
ordinances.See Code of Ordinances.
Note 6.Height in CR 1,GR 2.Principal buildings in CR 1 or CR 2 Districts may be three stories high,but subject to the lower
height limits prescribed for projecting spaces.Sec Table 7 2,Note 7.
tion.On a building site where this applies,there may not be a direct sight line from any ttaird
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 SF1'.
Note 9.Calculation of DU's Per Acre.In a QM DS only,the tetal number of DU's is divided by the total acreage of the QMDS
to calculate the number of DU's per acre.
Note 143. 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 the 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 the 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 44434-13eFfn444edprohibited.
Note 14. Height of Flood Loss Structures. The roof height of existing flood loss structures that arc 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.
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General Rule:Every building site,vehicular area,and related structure must
Table 7c-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 the 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 7C-4a,and Article 10
Number,location,
areas;Other size,design (including maneuvering areas,design requirements,"same site"rule,yards,
regulations apply; 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.
Parking spaces for non-SFD uses may only be used for motor vehicle parking.
Use of parking areas 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,eget,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 the side street area of a corner site serving a side-facing garage with three
area) or more bays:30 feet;(iv)Any other driveway:20 feet.For other residential
Driveways and See Note 1 uses:24 ft.(or 35 feet if connecting to a major thoroughfare).For all other
private streets uses:30 feet(or 35 feet if connecting to a major thoroughfare).
Other regulations
apply;see,e.g. For non-SFD uses:160 feet,driving distance to the nearest street area,
Article 10 measured along the centerline from the farthest end-pointendooint.A longer
Maximum length driveway is allowed if there is an approved turnaround or second means of
egress;or if the drive-waydriveway 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 is required for each
required driveway and parking space;twin"ribbons"of pavement are
Required type permitted.For all other uses:Reinforced concrete,with curbs and drains,is
Pavement See Note 4. required for all vehicular areas.Exceptions:(i)See Table 7C-3(gewieds
previous 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 3-28.
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,
See defintions in plants and other The following are forbidden on parts of a building site within a visibility
Article 2 things triangle:structures,plants,or other things taller than 2.0 ft.or shorter than
(Supp.No.43)
Page 11 of 19
8.0 ft.This does not require the removal of trees in existence on July 1,1992,
if kept pruned.
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 the 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 fora 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-E4-aoy-14Rd.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. (A)Circular driveways.If a SFD building site has 60 feet or greater
frontage measured along the front street line,then two curb cuts for a circular driveway are permitted if:(1)Both
curb cuts are on the same street and located along the front street line;(2)At the front street line,no part of the
curb cuts or driveways are closer than two feet to a side property line;(3)In the street area,no part of the curb cuts
or driveways cross the imaginary extension of a side property line,unless the affected neighboring owner consents
in writing; (4) Measured along the edge of the main traveled roadway, the inside edges of the curb cuts and
driveways at the property line are at least 24 feet apart;(5)Within the street area,the edges of each driveway are
perpendicular to the edge of the main traveled roadway and;(6)The proposed driveways are no wider than what is
allowed or specified in table 7-5a in appendix A of the Code of Ordinances. (B) Corner lots. Regardless of street
frontage,corner lots shall be expressly prohibited from constructing a driveway which connects two intersecting
streets(i.e.,cutting the corner).If a SFD building site is 60 feet or greater in width and meets the requirements for
a circular driveway as specified in Table 7-5a,Note 5(a)(1-6),corner lots shall be permitted up to two curb cuts along
the front street line, but in no case may exceed a total of three per building site(i.e.,two curb cuts for a circular
driveway along the front street line and one curb cut for a straight driveway on the side street that services a
functioning garage utilized for the off-street parking of motor vehicles)if:(1)The additional curb cut(s)will not cause
the building site to exceed a total of two curb cuts along the front street line;(2)Each curb cut is at least 15 feet
from the intersection of the street rights-of-way and;(3)The proposed driveway will not cause the building site to
exceed the maximum impervious coverage requirement stipulated in Table 7-3:Open&Pervious Areas. (C)Through
lots.Through lots shall be permitted one additional curb cut per abutting street not serving as the primary entrance
to the residence.The additional curb cut(s)must service a functioning garage utilized for the off-street parking of
motor vehicles. (D)Busy streets.Bissonnet Street,Buffalo Speedway,West Holcombe Boulevard,Bellaire Boulevard,
and Kirby Drive shall be permitted one additional curb cut for a circular driveway if the building site is 50 feet or
greater in width. (E)The ZBA may issue a special exception for additional curb cuts in a different design or location
than prescribed by this ordinance.
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(see Table 7C-5a, Note 5),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 et#iec
ther maneuvering areas)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
(Supp.No.43)
Page 12 of 19
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 TH1.(i)If a building site abuts bard-Bellaire Boulevard-and another street,then all vehicular access
shah"^ from the other street, and no more than twe e irb cuts shall be allowed. However, in the case of the
development of Lots 6,7,8,9 and the cast 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 lets,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 TH5.(i)If a building site a beth Academy-and-Bi-ssonnet,no curb cuts on Bi'sonnet and no-
more
emore than two curb cuts on Academy arc permitted.(-4-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 net-exceed 50 feet in length,or 200 feet if a terminus
is provided with dimensions adequate for turning.
Note 11.Curb Cuts in POD TH2.(i)If a building site abuts both by Drive and another street,there may be one curb cut
on Kirby Drive and on each other abutting street.(ii)Igilding site abuts only Kirby Drive,vehicular access shall
be limited to two curb cuts.
Note 4-38.Curbs as Wheel Stops.Curbs may be used as wheel stops.Arca The area outside a curb-wheel stop counts
toward minimum parking space dimensions if actually usable as an"overhang"and not needed for maneuvering
area.
General Rule:Every structure must conform to the applicable regulations
Table 7C-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 the table.(3)See Article
9 regarding Planned Development Districts.
Item Regulation C
Maximum number
Swimming pools 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
Net-e-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 structere for a single building site and used for residential purposes only.
tennis court and swimming pool regulations in the ST Districts,but away serve commonly platted or restricted sites.
Sec 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 7C-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
(before October 24,1987) Width, 75 ft.
See Notes 1 and 2. minimum
Depth, 100 ft.
minimum
Areas 7,500
minimum sg•ft•
New building sites Width,
50 ft.
(on or after October 24,1987) minimum
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 that are allowed
Table 7C-7:Projections Schedule to"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
extensions, 24"except
that no
"greenhouse"and item below
bay windows(no
the eave
floor space),wi-ndew 15"See 15"See The area does
sillswindowsills, 15 See Notes 1.1 may be Notes-44 not count as an
Note 1.1. closer than
cantilevered building 664 4312. 664 4312. open area.
space,window 36"to the
boxes,belt courses, SPL.See
window air Notes 1.1
conditioners,and 6644312.
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 may be not count as
Attached15" Notes 1.1 Notes-44
areas of 8 square closer than either open or
Structuresfeet or less) 13�2.. 36"to the 3�2. pervious area.
and similar parts of SPL.See
buildings. Notes 1.1
6444312.
The area does
not count as
either open or
Porches/platforms/d pervious area.
0,but see
ecks higher than 14 0 See Notes 0 See Notes The area beneath
Note 1,2 0 See Notes
inches,and similar �}� 1.1 and 1.1 and 1.1 and 1312 a deck may count
structures attached 3312. 1-312 — as a pervious
to a building. 3 area if rain is
allowed to pass
through the
deck.
The area does
Steps not higher 0 See Notes 0.See Notes
120"See 0.See Notes not count as
than the first 3 3 and 1.1 and
Note 1.1. 1.1 and 1312 either open or
floorfirst-floor level. 3312 3312.
pervious area.
(Supp.No.43)
Page 15 of 19
Items near ground The area counts
level:porches, as an open area.
platforms,and decks The area beneath
higher than six No limit. a deck may count
120"See
Note 11. 0 See Note
4-312.
inches but not Sce Note No limit as a pervious
.
higher than 14 1 area if rain is
inches,and similar allowed to pass
structures attached through the
to buildings deck.
Other parts of 0,but see 0,but see The area does
buildings and 0,but see Notes 3 and 0,but see Note 3.See not count as
Note 2.See 4.See Notes Note 5.See
structures attached Notes either open or
Note 1.1. 1.1 ands Note 4. 12.
to buildings. 1312 994 4312 pervious area.
The area counts
as an open area
Sidewalks,patios, but not as
porches/platforms/d pervious area
ecks,retaining walls, pervious one
driveways,parking Ne-There is unless the
Cround areas,and similar no limit, material is
tevefGround-level structures not except that completely
and underground higher than six decks may No limit No limit No limit pervious to
items inches;all not project water.The area
underground more than beneath a deck
structures.See also 120" may count as a
Table 7C-3 regarding pervious area if
pervious pavement. rain is allowed to
pass through the
deck.See Table
7C-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 and count as both an
related apparatus 0 No limit 15" 12" open area and
pervious area.
No limit The area may
Basketball goals 120" No limit generally, count as both an but see No limit open area and a
Certain Accessory Note 7. pervious area.
Structures pit The ar a doer,
Book Sharing generally, not count ar
Exchange 0 0 0
{1 per building site} either open or
Note 13 pervious arca.
(Supp.No.43)
Page 16 of 19
The area may
Playground count as both an
equipment 0 No limit 0 No limit open area and a
pervious area.
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
as an open area.
Swimming pools 0 0,but see 0,but see No limit Only the water
Note 9 Note 9. area counts as
the pervious
area.
The area counts
as an open area
Tennis courts(with but not a
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
see Note 10.
Note 10. Note 10. 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 of not count as
Ordinances) No limit 0 0 0 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 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.
(Supp.No.43)
Page 17 of 19
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 iti limited by lae open
arca requirement for the front yardthe open area requirement for the front yard limits it. 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.
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(as defined in Sec.
2-102) 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 inbe 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
(Supp.No.43)
Page 18 of 19
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)
restrictions on fences,certain "fence-like hedges,"and other things in visibility areas(Chapter 82).149-a-QMDS low
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 CityCity ordinance governing setbacks
for swimming pools and appurtenances.
Note 10.Lampposts.4414641-1,1444-The maximum diameter of projecting posts is six inches;the 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 Rotated Corner Overlay District),
except for temporary construction fences required by Chapter 18 of the Code of Ordinances.
districts),there may be fences in the front yarb,bat not higher than seven feet and not closer than five feet to the
Note 4412.Old Stock Housing.The ZBA may issue a special exception to authorize the 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.
. .-- •.. --- - . - -- •-..•.• . • - •-•
(Supp.No.43)
Page 19 of 19
PART II-CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS
ARTICLE 7D. PLANNED DEVELOPMENT DISTRICT-SPECIFIC REGULATIONS
Section 7D-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 asand the purpose for the district within which it applies.
Section 7D-101. Regulations,tables, etc.
(a) In General. Every use, building site,and structure must comply with the regulations in the following tables:
Table 7D-1. Uses;Table 7D-2.Yards(or'setbacks');Table 7D-3.Open&Pervious Areas;Table 7D-4a.Garage
Space;Table 7D-4b. Buildings;Table 7D-5a. Parking, Driveways, Etc.;Table 7D-5b.Certain Structures;Table
7D-6. Building Site Dimensions.
(b) Projections. Permissible projections into yards and details about computation of open and pervious areas are
set out in Table 7D-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 21
General Rule:Within each District,uses marked"A"are allowed,uses marked"SE"afe
is allowed only to the extent authorized by a special exception(see Note 3),and uses
Table 7D-1,-6e44,:Uses marked"X"are prohibited.Exceptions/Special Rules:(1)See PDD Schedules for
planned development districts.(2)See the special rules noted in the 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
Single-family
Residential (detached) A-See Notes I and 7 A
—
Single-family X See ASee
(attached) Note 8 A See Note 1 Notes I A See Note I 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 See
X X X X X X X
Note 9 Note 3
Utility or service
use.See Art.8. A See Note 1
PWSF use. A or SE See PWSF Schedule.See Note 1
Commercial
See Article
See
8 regarding
See certain Light commercial X Note 5 X X X X X p�es 6
sexually
X10
oriented
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 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 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 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 21
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)an
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 familysingle-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 the ordinance in accordance with Article 14,controls over any provision elsewhere in this
ordinance.
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 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 abuttingcontinuously 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.
Notc 10. Uscs in TCC.The only uses allowed in TCC are retail,light office use,and food service use.TCC does not allow
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.
(Supp.No.43)
Page 3 of 21
General Rule:No part of any structure may be located within a part of a building site included
Table 7D-2 .:Yards within a yard defined;by the District,in this table.("N/A"means the rule does not apply.)
(or`setbacks') Exceptions/Special Rules:(1)Structures may be located inbe in yards to the extent allowed by
the Projections Schedule.(2)See the special rules noted in the table.(3)See PDD Schedules
for Planned Development Districts.(4)See additional setbacks in the PWSF Schedule.
PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Measurement 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 yard the front depth is more than 110 feet 10 ft. (Mercer (Bellaire
but not more than 125 feet; See Note 7.
street line. Street) Blvd.)
30 feet if the building site
depth is more than 125
feet.See Note 5.
Interior
Distance from
the side 20 ft.
Greater e-than 10%of the 5 ft.
(south
side yard property line building site width or 5 feet. See Notes 4.1 and 4.2. property N/A
See Note 2. See Note 7.
(each side). line)
Street Distance from Greater of-than 10%of the 10 ft. See
side yard side street building site width or 5 ft. 10 ft.See Note 7. (Bissonnet) Note 8.
line. See Notes 2,6.
Distance from 20 ft. 10 ft. 5 ft.
Rear yard the rear 20 ft.See Note 1. See See 20 ft. (west See
property line. Note 1. Note 1. See Note 1. property Note 8.
line)
Distance from
SF the nearest 20 ft. 10 ft. 20 ft. See
Bufferyard part of an SF N/A See See See Note 7. N/A 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-thc ray
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
The front yard(setbacks)shall be as-provided in Table 7D-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 yardbackyard.
Note 2.Narrow Site"3/7"Exception.Alternate side yard areas apply to a building site meeting all five of the following
criteria: (A)The building site is less than 55 feet in width and no more than 6,000 square feet in area. (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 an adjacent building site.A'prior building'is a principal
building in existence,under construction or covered by a current building permit when a building permit is issued
for a subsequent building.A'subsequent building'is a principal building that was permitted for construction after
an adjacent prior building was permitted,and that is located on a building site that has a common side property
line with the adjacent prior building.1)Exception:If there are prior buildings on both sides of a subsequent
building,each within 7 feet of the common side property lines,the minimum separation between main wall
surfaces is 8 feet. (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 7D-5a
regarding"alternating driveway"rule. (E)The proposed garage shall be located in the rear yard.The ZBA may
(Supp.No.43)
Page 4 of 21
issue or modify a special exception to locate the proposed garage outside the rear yard if all the following criteria
are met.The special exception criteria conferred by Section 11-102(b)shall not be utilized when determining
whether this special exception should be granted.The scope of the decision shall be limited to criteria enumerated
below:(1)Locating the proposed garage outside the rear yard will not unduly alter the character of the immediate
neighborhood;(2)The location will not restrict access to the principal or neighboring properties for fire or life
rescue;(3)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;(4)A Protected Tree(s)that would
otherwise be removed due to a garage being constructed in the rear yard would be preserved;and(5)The
submission of a Tree Disposition Plan and Tree Survey approved by the City's Urban Forester.
Note 3.Rotated Corners.For rotated corner building sites(SF 1 District only),the minimum side street yard width is:(i)
cite exceed 65 feet,if the building site width is more than 65 feet but Ie'z than 75 feet,(iii)20 feet if the building
cite width is 75 feet or more but less than 100 feet,or(iv)for building sites 100 feet wide or more,the side street
Note 443.Common Walls.In the TN,CR 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 77 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 77 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 the 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.gage 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
than half the usable floor space is enclosed(coverings and other floor space,including open or screened
porches,arc allowed above all the porch or court);(c)the cornice height does not exceed 27 feet;(d)there
arc no more than 2.5 stories;and(e)there is ne garage space.
(42) 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
(Supp.No.43)
Page 5 of 21
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.
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.
General Rule:Every building site must have the minimum open and pervious areas shown,by
Table 7D-3,-6enir: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 the special rules noted in the table.
(3)See the Projections Schedule for details about calculating open and pervious areas.
Item Measurement PDD-SF1 I PDD-SF2 PDD-TH1 1 PDD-TH2 I PDD-TH4 1 PDD-TH5 I PDD-TH7 PDD-Cl
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 5.
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
required by this ordinance or Chapter 82 of the Code of Ordinance must be located within a
trees contiguous and reasonably compact pervious area containing at least 25 sq.ft.However,
additionaladditional,or better pervious area may be required to comply with Chapter 82.
Pervious In a QMDS only,pervious pavement is-allowed tecan be used for all vehicular areas,and part of
pavement it 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%7 if the rear yard abuts a non-SF District.
Note 2.Pervious Area in QMDS.front The 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)a minimum of 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)a 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 -- - - - - - - sidewalks or driveways must
(Supp.No.43)
Page 6 of 21
cross them.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 spccic 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 be4eeated-iabe 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
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 gwauy pthwhsd eezing terhe
plants shall be athedleaste 18
ith inchesno in height asshall measured from the surroundingatillwitsoil linefrand z��' a maximum
4.844%
S inchl8-inch width at the widestgps. portionShrbs whenbe planted.hardsShrubsecies shall be capable tanof growth growingemptoatures.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.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 7.All pervious areas in a front yard must be natural vegetation or landscaped area that receives rainwater and
allows it to pass through or be absorbed.Artificial turf may be used in lieu of grass for landscaped areas,provided
it is a natural green color that is consistent with the character of the neighborhood.Final approval of artificial turf
shall be subject to the approval of the Administrative Official.
(Supp.No.43)
Page 7 of 21
General Rule:Every building site,garage space,and related structure must
Table 7D-4areeai.: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 the 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
space,in
Garage parking enclosed or semi-
Garage
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
facing side street ten feet or more (May affect eligibility as QMDS.See definitions in N/A
line from the side Article 2)
street line,ar (ii)
there is only open
(Supp.No.43)
Page 8 of 21
area above the
driveway for 44
ten 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 GFA in any
buildings garage space non-
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 21
General Rule:Every structure must conform to the applicable regulations shown;by
Table 7D-4b .:Buildings District;in this table._("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)
See special rules noted in the 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 88. one AQ
building site
100%for all
Framed area, Maximum dwelling
area as a 100%.
all buildings types other o
percentage 80% See 100%.See Note 4. N/A
on a building of building Note 4. than TH;
site 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;on all sides.See Section 8-104
building.
Separation of Fire-rated N/A A four-hour firewall,or its equivalent,must separate adjoining
DU's wall dwelling units.See Notes 3 and 5.See also Note 409(PDD-TH7 only)
SF privacy
protection
See Note 8. N/A Applies.See Note 87.See also Note 4-89(PDD-TH7 only) N/A
Accessory Maximum
buildings number per N/A 3 N/A
See Article 10 building site
regarding Height, 25 ft. 35 ft.See
garage space. maximum Note 2.
Stories,
2-Two and one-half 3 N/A
maximum
Height, 35,25 in the rear
Principal maximum,in yard.See Notes 1 35.See Notes 1,76 and 4411. 35
feet and 4411
buildings
Minimum
gross floor 1,400 each DU 1,200 each DU 1,600 1,300
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 grcatcr of 35 feet or four feet above the roof.
Note 2.Height In POD-C1 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.
(Supp.No.43)
Page 10 of 21
Note 3.Building Detail,3#7 PDD-TH and-6R Districts.To separate buildings,there must be an 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 CR 1,CR 2.Principal buildings in CR 1 or CR 2 Districts may be three stories high,but subject to the
Note.76.Certain Projecting Buildings.Special height rules apply to buildings projecting into yards.See Tables 7D-2 and
7D-6.
Note 87.SF privacy protection.On a building site where this applies(see Figure SFP at the bottom of Appendix A),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-#leefthird-floor viewpoint in question,(ii)on a building site in an SF District,and(iii)
below 20 feet in height.Sec Figure SFP.
Note 98.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 399.Spacing of Dwelling Units in PDD-TH7.Except where : - ; - . . .. . : : ....... . ommon
walls separate dwelling units,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 3410.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 the 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 TLC,the follewing 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
rooftop mechanical equipment,whether new or replacea.eat,skiall-be-fully screened from off site and street area
include use of sloped roofs,a low parapet wall or other architectural elements that conceal flat roof areas where
them ...b�gilding height limit.
Note 13.Street Level Orientation in TCC.In TCC,the first floor of all buildings shall be at grade Icvcl.Elevated structure.
with open areas or parking below the second floor arc not permitted.
Note 3411.Height of Flood Loss Structures.The roof height of existing flood loss structures that arc 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.
(Supp.No.43)
Page 11 of 21
General Rule:Every building site,vehicular area,and related
structure must conform to the applicable regulations shown;by
Table 7D-5a,- ewt._ the District,in this table.("N&A"means the rule does not apply.)
Parking,driveways,etc. Exceptions/Special Rules:(1)See special rules noted in the 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
and parking areas Number,location,size, Depends on land use,layout,etc.See this Table,Table 7D-4a,and
Other regulations apply; design Article 10(including maneuvering areas,design requirements,
see,e.g.,Article 10 "same site"rule,yards,street areas,loading spaces,etc.).
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
20 ft,via public or private street,to each principal building and
Emergency accessway
Minimum width each DU(or to an adjacent open area accessible to firefighters and
See Note 1. equipment).Other regulations also apply,e-ge.g.,fi'ethe fire
code.
Minimum width For SFD use:nine ft.
See Note 1. For non-SFD residential use:10 feet,or 17 feet if two-way and
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;
see,e.g. Article 10 For non-SFD uses:160 feet,driving distance to the nearest street
area,measured along the centerline from the farthest erd
Maximum length pointendpoint.A longer 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 I N&[A
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
Pavement Required type pavement are permitted.For all other uses:Reinforced concrete,
See Note 4. with curbs and drains required for all vehicular areas.Exceptions:
(i)See Table 7D-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 cicirly marked on the
pavement,and wheel stops are required.See Note 12.
Curb cuts For SED 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;
see,e.g.Article 10 and street line.See Note 5.
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.
(Supp.No.43)
Page 12 of 21
Visibility triangles Forbidden structures, See Chapter 82 of the Code of Ordinances.
plants,and 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 a maximum widthof pavementpavement width 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 .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. (A)Circular driveways.If a SFD building site has 60 feet or
greater frontage measured along the front street line,then two curb cuts for a circular driveway are permitted if:
(1)Both curb cuts are on the same street and located along the front street line;(2)At the front street line,no part
of the curb cuts or driveways are closer than two feet to a side property line;(3)In the street area,no part of the
curb cuts or driveways cross the imaginary extension of a side property line,unless the affected neighboring
owner consents in writing;(4)Measured along the edge of the main traveled roadway,the inside edges of the
curb cuts and driveways at the property line are at least 24 feet apart;(5)Within the street area,the edges of each
driveway are perpendicular to the edge of the main traveled roadway and;(6)The proposed driveways are no
wider than what is allowed or specified in table 7-5a in appendix A of the Code of Ordinances. (B)Corner lots.
Regardless of street frontage,corner lots shall be expressly prohibited from constructing a driveway which
connects two intersecting streets(i.e.,cutting the corner).If a SFD building site is 60 feet or greater in width and
meets the requirements for a circular driveway as specified in Table 7-5a,Note 5(a)(1-6),corner lots shall be
permitted up to two curb cuts along the front street line,but in no case may exceed a total of three per building
site(i.e.,two curb cuts for a circular driveway along the front street line and one curb cut for a straight driveway
on the side street that services a functioning garage utilized for the off-street parking of motor vehicles)if:(1)The
additional curb cut(s)will not cause the building site to exceed a total of two curb cuts along the front street line;
(2)Each curb cut is at least 15 feet from the intersection of the street rights-of-way and;(3)The proposed
driveway will not cause the building site to exceed the maximum impervious coverage requirement stipulated in
Table 7-3:Open&Pervious Areas. (C)Through lots.Through lots shall be permitted one additional curb cut per
abutting street not serving as the primary entrance to the residence.The additional curb cut(s)must service a
functioning garage utilized for the off-street parking of motor vehicles. (D)Busy streets.Bissonnet Street,Buffalo
Speedway,West Holcombe Boulevard,Bellaire Boulevard,and Kirby Drive shall be permitted one additional curb
cut for a circular driveway if the building site is 50 feet or greater in width. (E)The ZBA may issue a special
exception for additional curb cuts in a different design or location than prescribed by this ordinance.
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 f see
Table 7D-5a,Note 5),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 et4eF
ther maneuvering areas)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
(Supp.No.43)
Page 13 of 21
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-TH1.(i)If a building site abuts beth—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+a-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-TH5.(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.Arca The area outside a curb-wheel stop counts
toward minimum parking space dimensions if actually usable as an"overhang"and not needed for the
maneuvering area.
(Supp.No.43)
Page 14 of 21
Table 7D-5br6ewt._ 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 the table.(3)See Article 9 regarding Planned Development Districts.
Item Regulation POD-SF-1 I PDD-SF-2 PDD-TH1 j PDD-TH2 j PDD-TH4 I PDD-TH5 I PDD-TH7 I PDD-C1
Maximum
number
Swimming
pools per One.See Note 1. See Note 2.
building
site
Maximum
number One(may only be a
Tennis
per private tennis court).
courts
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-an 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 ommonly platted
or restricted sites.See Note 1.
Note 3. Height in PDD-Cl 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 15 of 21
General Rule:This table prescribes the minimum dimensions for building
sites,by District.("DU"means"dwelling unit.")Exceptions/Special Rules:
Table 7D-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 TH4 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 sg•ft• 2,000 sq.ft.per DU sg ft
New building sites
Width,
fon or after October 24,1987) 75 ft. N/A 50 ft.
See Note 3. minimum
Depth, 110 ft. N/A N/A
minimum
Area 8,250 5,000
2,000 sq.ft.per DU
minimum sq.ft. sg•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 prler-tebefore 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 a 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 the 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.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.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 16 of 21
Table 7 6. Projections Schedule
General Rule:This schedule describes certain structures whfel-that are allowed
Table 7D-7.Projections Schedule to"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
extensions, 24"except
that no
"greenhouse"and item below
bay windows(no
the eave
floor space),window 15"See 15"See ma be 15"See The area does
s+iiswindowsills, Notes 1.1 y Notes 1.1 not count as an
Note 1.1. closer than
cantilevered building and 13 36"to the and 13. open area.
space,window
boxes,belt courses, SPL.See
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 may be not count as
Attached15" Notes 1.1 Notes 1.1
areas of 8 square closer than
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
either open or
Porches/platforms/d 0,but see pervious area.
eckshigher than 14
inch 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.
Steps not higher The area does
than the first
floorfirst-floor level. 120"See 0 See Notes 0.See Notes 0.See Notes not count as
Note 1.1. 1.1 and 13. 1.1 and 13. 1.1 and 13. either open or
pervious area.
(Supp.No.43)
Page 17 of 21
Items near ground
The area counts
level:porches, as an open area.
platforms and decks The area beneath
higher than six 120"See No limit. 0 See Note a deck may count
inches but not See Note No limit
higher than 14 Note 1.1. 1.1. 13. as pervious area
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 The area does
buildings and 0,but see Notes 3 and 0,but see 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.
g pervious area.
The area counts
as an open area
Sidewalks,patios, but not as
porches/platforms/d pervious arca
ecks,retaining walls, pervious one
driveways,parking Ne-There is unless the
Cround areas,and similar no limit, material is
1eue4Ground level structures not except that completely
and underground higher than six decks may No limit No limit No limit pervious to
inches;all not project water.The area
items underground more than beneath a deck
structures.See also 120" may count as a
Table pervious area if
7D-3 regarding rain is allowed to
pervious pavement. pass through the
deck.See Table
7D-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 an
related apparatus 0 No limit 15" 12" open area and a
pervious area.
No limit The area may
generally, count as
Basketball goals 120" No limit btrtgenerall No limit both open area
y but see and pervious
Certain Accessory Note 7. area.
Structures
Book Sharing No limit The area does
Exchanges generally, 0 0 0 not count as
(1 per building site) But see either open or
Note 13. pervious area.
(Supp.No.43)
Page 18 of 21
The area may
count as
Playground
0 No limit 0 No limit both open area
equipment
and pervious
area.
The area may
count as
Flagpoles 120" 0 0 0 both open area
and pervious
area.
0,but see No limit, The area does
but see not count as
Fences Notes 8.1, No limit No limit
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 an 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).
II
No limit No limit No limit No limit The area may
generally, generally, generally, generally,
Lights and count as both
lampposts btrtgenerall bc4generall b+rtgenerall b+ktgenerally open area and
y but see y but see y but see but see Note
Note 10. Note 10. Note 10. 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 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 vchicics;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
(Supp.No.43)
Page 19 of 21
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,buti -is-liffmited
•- :=- - . -•--• - •- --• =the open area requirement for the front yard limits it.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.
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 inbe in a rear yard or SF Bufferyard las defined
in Sec.2-102) 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 ef-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
(Supp.No.43)
Page 20 of 21
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)
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 CityCity ordinance governing
setbacks for swimming pools and appurtenances.
Note 10.Lampposts.Maximum The maximum diameter of projecting posts is six inches;the 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 Rotated Corner Overlay 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 fence5fences may be 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 the projection of buildings and attached
structures into a side yard,rear yard,or an SF Bufferyard7 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.
Note 14.Book Sharing Exchange(s). No part of the structure may project into the Right-of-Way.Installation subject to
guidance and final approval by the Administrative Official.
(Supp.No.43)
Page 21 of 21
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
criteriacertain criterion.
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 an accessory to a lawfullawful 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,Tables 7A-1,7B-1,7C-1,
7D-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
usc,Suppose the building site lies directly across the street from the less intensive use. In that case,there
must be the greatest practicable amount of pervious area within the ten feet of the building site closest to
the less intcnsiveless intensive use.
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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(Hi) 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, ifpermit 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 the
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.of a building site with a non residential use is the C District adjoins a building site in a
residential district,Suppose a building site with a non-residential use in the C District adjoins a building site in
a residential district. In that case, 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 acceptableAcceptable finishes include brick, natural and cast stone, and store
frontstorefront 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 carcdaycare 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 establishments7 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 toTo
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 discretiondiscretion is 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 i+-lieu of an appeal,the claimant may request a variance
or special exception (note that the owner of the sitosite's owner 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 supported 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 ofexplaining 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 ism
affirmatsection andive defense that (i)the alleged violation falls within the scope of the premises and
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activities(and the specific part of this Ordinance) mentioned in a notice filed under this section,and is
carried on by the persons identified in the notice, if identity is relevant; (ii)the notice was endorsed as
contemplated by this section before the violation occurred; and (iii)any conditions imposed by the
endorsement were fully complied with.
Section 8-113. Utility Or Service Uses.
The ZBA may issue a special exception to authorize a non-complying activity,structure,or site for a
complying utility or service use;in any district,if the ZBA finds that (i)the proposal is both necessary and
reasonable, (ii) it will not unduly alter the character of the immediate neighborhood and (iii) it will not
unreasonably interfere with sight lines or other safety factors.An affirmative defense may also apply to City-
controlled conditions or activities under Article 6.The PWSF Schedule, not this section,applies to PWSF Uses.
Section 8-114. Other Municipalities.
The Administrative official is authorized to make arrangement:,decide with other municipalities for
cooperation in the 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 AdministrativeThe administrative official may grant approval-approve,in the form of a permit,for a
family-type home for three or four persons with disabilities;plus one caregiver; and
(2) Tthe ZBA may grant approvalapprove, 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 compliancecomply 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 Statethe State licenses the facility,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 thanbe located at most 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 ofoversee 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 whith
that 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 a type of space Minimum number of parking spaces
SFD use. The number of garage parking spaces required by
Article 7A 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 a 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 careHealthcare facility space(not Greater e4-1.5 per bed or 1.5 per employee on
including offices) 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 a 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,rnuscummuseum, 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 every three seats for
seating such as dine-in restaurant space, club, the general public; or(ii) 10.0 per 1,000 square
cafe,and similar recreation or amusement space feet 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 activityactivities.
Utility service space, research or testing 1.0 for each of 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-iodine-in food service with
seating. 7.5 spaces per 1,000 square feet of gross
floor area for food service with dine indine-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 appliedprior 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 PDD-TH5),rounded up.See Table 7D-1,Note 7 regarding parking for"garden style use"in
PDD-TH4.See Articles 7D 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)4€-a
theater or auditorium occupies more than 10%of the center's gro ,floor area,Suppose a theater or auditorium
occupies more than 10%of the center's gross floor area.In that case,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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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 ta-shopping centers;see special rules;above.
Section 10-102. Minimum dimensions; design.
(a) Parking Spaces. All parking spaces must be at least nine feet wide and 18 feet long in order toto 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 the 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 lengthlong. 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 Icngthlong 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 Icngthlong when measured at right angles to the
building or parking lines. Maneuvering space shall not be less thanexceed 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
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 the
required maneuvering area.
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(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,7C,and 7D for additional criteria,including driveway, parking,and garage
regulations.
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
as-ea change or enlargement of use requires an increase in the number of spaces,(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 stub7 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.
(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 towill likely result.See Tables 7A-5a,7B-5a, 7C-5a,7D-5a.
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(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.
I (e) Easements in PDD-C1. In PDD-C1, parking spaces may not be located in any easement for underground
utilities.
Section 10-104. Loading spaces.
On the same building site with every building used for non-residential purposes,there must be adequate
loading space,separate and apart from the off-street parking spaces.The amount of loading space shall be
sufficient in size and configuration to avoid the possibility that loading or unloading would obstruct a street or
sidewalk,taking into accountconsidering 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 every 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-1,7D-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 briefingbriefing date.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,—L(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 addresses 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 ownedjointly-owned jointly-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 that authorizes the special exception requested,as the case may berequested.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.
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(6) The filing fee for the type of application question.
(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. 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 ofof grant a
variance.A"special condition"or"hardship"that is self-created, personal,or based only on financial
reasons is not sufficientinsufficient 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 that 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 cl arly
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.
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(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.
(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.
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.
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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. en-The 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 existingseparately 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 tobefore 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 completedpartially 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 a l-ofall the following criteria are present:
(1) Prior site acquisition.The person initially claiming PNC for the building("applicant")must have
acquired a 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 ofcompleting 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-2,7D-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, 7D-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,and 7D-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 ef-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 This does not apply to
those principal buildings treated the same as structures constructed prior tobefore 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 fe 180 days or more, PNC status is lost for that item. If a-u-reuse of the 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 causecauses,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 the adoption of
the TCC district,to be rebuilt with a-square footage that is substantially the same as it 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 morecafe, 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 thatif 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-an 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 rcgulations,Suppose the PNC item is non-compliance
with garage regulations. In that case, PNC status is lost if: (i)an existing garage is removed,
destroyeddestroyed,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.
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(g) Driveways. If the PNC item is noncom{ e-noncompliant with driveway regulations in an SF district, PNC
status is lost if:
(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 SF 2 Old B 'Id' g Site
Overlay District),Suppose 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 SF-2 Old Building Site
Overlay District). In that case, PNC status is not lost aslost to any dimension unless 44s-brought into
compliance.Any such non-compliant building sites may be improved by any construction, reconstruction,
expansion or other project otherwise lawfulotherwise lawful project.
(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 that
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 periodTime ending on
Article 8 August 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
previous area requirement effective date
requirements in the C District.
Non-conformance with building Time-peried•Time ending on
regulations by a canopy or October 1, 2008
similar object designed or used
to shelter a motor vehicle, a
boat,or similarly sizedsimilarly
sized items.
Use of a building site, or any Time The timeperied ending on
portion thereof, as a school May 31, 2022
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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.
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 ireliance 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 fean 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 wig-ic-14
that 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 periodtime 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 periodtime within
which the item must be brought into conformance with this ordinance(if required;see above). PNC status
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granted for a specified time periodtime is lost when the specified time periodtime expires or if ownership is
sooner transferred (unless the new owner acknowledges both the special exception and the date the time
periodtime 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;
(2) Mitigate(or compensate for)the effects of non-conformance;
(3) Achieve conformance sooner than the specified ttim time;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.
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ARTICLE 13. ENFORCEMENT
Section 13-100. Certain permits.
Except as provided below,a permit is required for each of the following:
(1) The erection, moving,construction or alteration of any structure within the City.
(2) The occupancy of any building space.
(3) A change in the occupancy of any building space,whether by change in ownership,tenancy or
otherwise.
(4) A change in the use of any building site or structure.
(5) Any change which would affect the number of off-street parking spaces required by this ordinance for
a given building or building space.
Section 13-101. Other ordinances.
The City Council, by ordinance, may prescribe terms,conditions,fees, regulations,exceptions and
procedures for the permits required by this ordinance and may provide for consolidated permits to enforce not
only this ordinance but also the other ordinances and regulations of the City.
Section 13-102. Procedures.
Unless otherwise prescribed by ordinance,a person desiring a permit under this ordinance must apply in
writing to the administrative official.Any person aggrieved by any action or inaction of the administrative official
with respect to this ordinance may pursue those appeals prescribed by state law or other ordinance of the City.
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Section 13-103. Proof of certain facts.
(a) Multiple-family residence. It is presumed that two or more families reside upon a given building site if either
of the following sets of circumstances is present:
(1) Seven or more people,with at least three different family names among them, reside upon the
building site.
(2) Two or more persons pay money or give any thing of value to one third party in exchange for the right
to live upon separate portions of the building site,where each separate portion is physically separated
from the others and each has a separate entrance to the outside.
(b) Single-family building. It is presumed that a building is used for a residential use other than single-family
(attached)use or single-family(detached)use,if the building is separated into two or more rooms or groups
of rooms by partitions, locked doors or other devices with the effect of excluding persons who could live in
one part of the building from another part of the building which could be used as living space by one or more
other persons.
(c) Control of property. It is presumed that a person controls real property(and all structures on the property)
during a given time period, if that person has either arranged for or paid for any utility service for the
property for that time period. Proof of such arrangement or payment may consist of excerpts from the
customer billing records of the company or entity providing the service.
(d) Ownership of property. It is presumed that a person owns a given item of property if:
(1) the person is shown on the current City tax roll as the owner of the property;or
(2) the property was conveyed (or purportedly conveyed)to the person by deed, bill of sale or other
document,and a reasonable search has revealed no similar document conveying(or purporting to
convey)the property to someone else.
(e) Multiple utility service. It is presumed that utility service is provided to a person at a given place during a
given time period, if that person has arranged for or paid for the utility service for that place for that time
period. Proof of such arrangement or payment may consist of excerpts from the customer billing records of
the company or entity providing the service.
(f) Proof of residence. For purposes of this ordinance only, it is presumed that a person resides in a given place
at a given time, if any of the following sets of circumstances is present:
(1) The person is registered to vote with the place listed as his or her residence at that place.
(2) The person has arranged for or paid for any utility service with respect to the place in question and for
the time period in question;the place is a residence; and the person did not give the company or entity
providing the service another address as the person's residence.
(3) The person has given the address of the place as the person's address at or shortly before that time,
without indicating that it is temporary or"in care of"another person.
(4) According to official records of the Texas Department of Public Safety(or its successor),the person's
residence address is at the given place at that time.
(5) The person has stayed overnight at the given place more than once during the time period in question.
Proof of such stays may consist of one or both of the following,or other proof: (i)proof that the person
was present at the place for an hour or longer between the hours of 2:00 a.m. and 7:00 a.m.on any
two days separated by at least 42, but not more than 90, intervening days;or(ii) proof that a motor
vehicle registered in the person's name was present upon or adjacent to the place for an hour or
longer between the hours of 2:00 a.m.and 7:00 a.m.on any three separate days,where the first day
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and the last day are separated by at least 42,but not more than 90, intervening days,together with
proof that the person operated the vehicle on at least one of the three days.
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ARTICLE 14. AMENDMENT
Section 14-100. Manner of initiation.
(a) Interested Persons.Any interested person may initiate the consideration of an amendment to this ordinance
by submitting the proposed amendment to the Z&PC together with any required filing fee and any
information and materials the Z&PC may require.
(b) City Bodies.The City Council,the ZBA,other boards and commissions of the City and the officers and
employees of the City acting in their official capacities may also initiate the consideration of amendments to
this ordinance by submitting them to the Z&PC together with any information and materials the Z&PC may
require.
(c) Z&PC Initiation.The Z&PC may initiate the consideration of a proposed amendment on its own motion.
Section 14-101. Procedure and hearings.
(a) State Law Procedures. In connection with the adoption of any proposed amendment to this ordinance,the
Z&PC and the City Council shall comply with state law with regard to procedure and hearings.
(b) Legislative Proceedings.The extent and type of consideration given to any proposed amendment is purely
within the legislative discretion of the Z&PC or the City Council,as the case may be, and no amendment is
guaranteed any particular degree or type of consideration.
Section 14-102. Special majorities.
The number of votes on the City Council required to approve an amendment is determined by the City
Charter,except that,when the number of written protests required by section 211.006(d)of the Texas Local
Government Code(Vernon's 1988)or any successor statute, is received with respect to a given amendment
subject to such statute,the number of votes required to approve the given amendment is determined by such
statute.
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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)
West University Place,Texas,Code of Ordinances Created: 2023-05-09 15:30:23 [EST]
(Supp.No.43)
Page 1 of 9
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."
(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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LOT DIVISION SCHEDULE
See Article 5
xampl.A A» a.ebliriddI.......d,.ded.the tt.s.(. areas. ..
.a be en Mektby two
lel fwt vtl fuM�rtmlH tut tb...cold K.m conn
Teen In W er noncompliance with tbtas a e.,W two m adlrldd lou could d dl.s.d
Pretest"
o et dun,come..beta,
^ft,
coapt*B If ittrueuste. the ram hou r:Wryadzet_Ihmanila lot.to the
w would create a anWuo.m.Ioleti..of You ordinance t4..regatta of setback regulate..A..
this would prevent the christen of the two lota
H1'r ! }
Example C.Autumn If she two 1'J).ubdlrield lose were ,dthstructure .
were dIy .tclosest structure to. de
papery Una would be o .n back be only two IL feet.the two to.ub&Ndd Iota amid not be dtrlded
.{ .7"
rAzr
Exampe D
If the twob wbd.NJW Iota were&stdd.E cbm.t.u..nma to a tele pepn>4.e weals hs set
heck four te,Ihea.
*rectum ens coretructed;
The two tai.udaHded Iota could ler sheeted Jure°iea common Isoundare
di
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DRIVEWAY VISIBILITY DIAGRAM
See definition in Article 2 and Table 7-5a
Diagram showing'driveway visibility triangles'
Norm+ok
IOUs.
I 1• a11•... . ... e1.iesik
•
FIGURE SFP
See Table 4-B regarding "SF Privacy Protection"
BtiriME sie boundary SF privacy zone
6feet 1 — - _ — _
Astri<ted`firectsightlines" i
zi 20feet
18 feet or higher i 100 fie et
I * NYS 12 5c cafe
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 ctand alonestand-
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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(Supp.No.43)
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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)aada 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. twe-Two feet for each one foot of height, measured from the nearest building site boundary;and
b. three 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 Article 7 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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Page 7 of 9
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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(Supp.No.43)
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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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(Supp.No.43)
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