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Home My WebLink About02122024 ZPC Agenda Item 2 Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 August 10, 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 Sport Courts & Practice Enclosures. 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 to define and regulate sport related activities in residential areas . Existing Ordinance provisions for sport related activities. Regulations for sport related activities are currently limited to tennis courts and basketball goals within the existing Zoning Ordinance . Such regulations are located within Article 7 of the Zoning Ordinance (Sec. 7-101, Tables 7-5b, 7-6) . Table 7-5b establishes a maximum of one tennis court per residential building site in the single-family (the "SF") districts . Table 7-6 establishes permitted projections for basketball goals and tennis courts in the SF districts. Individual sport activities are not currently defined or encompassed by a broader definition in the existing Zoning Ordinance . Analysis . In pursuit of creating clear definitions and establishing regulations for sport related activities such as pickleball, the Commission has proposed modifications to the Zoning Ordinance at this time. The proposed modifications provide definitions for a number of sport activities by the creation of an encompassing sports court definition. Additionally, a definition was created to encompass those sport related activities which typically require an enclosure for responsible operation and play. Furthermore, entries for these newly defined terms were added to Tables 7-5b and 7-6 with accompanying notes that provide additional rules and special exception procedures. Principally, two new definitions were added to Sec. 2-102. The first term "Sport Court" was defined as any outdoor improved area (not including parking areas, driveways, or pools) designed for athletic or recreational purposes, including but not limited to tennis, basketball, handball, pickleball, volleyball, and racquetball courts. The second term "Practice Enclosure" was defined as a permanent or semi-permanent outdoor space that is generally enclosed on all sides by netting, and which is utilized for the practice of a sport activity (e.g., batting practice, golf, etc.) which is not otherwise prohibited by law or local ordinance. The line item which applied to tennis courts in Table 7-5b was struck and replaced by a line item for the newly defined sport court term. An additional line item was created for practice enclosures. Accompanying notes were added for each respective item. Existing notes 1 and 2 were amended to remove references to tennis courts. Additionally, a note was added to authorize the Zoning Board of Adjustment (the "Board") to issue a special exception for a sport court or practice enclosure in a different design or location than prescribed by Table 7-5b. The line item which applied to tennis courts in Table 7-6 was struck and replaced by a line item for the newly defined sport court term. An additional line item was created for practice enclosures. An accompanying note was added to restrict rear yard projection for a sport court or practice enclosure unless certain criteria are met. Recommendation. Based on the review given by the Commission regarding sport related activities in residential areas, it has been recommended that changes be made to the Zoning Ordinance at this time. This review concluded that the existing provisions within the Code of Ordinances need to be updated to define and provide regulations for a variety of sport related activities. The Vote. The vote on approval of this final report was as follows: Cutrer, Powell, Mazzu, and Howard voted "aye". Takashima voted "nay". Wilson and Fisher were not present. Respectfully Submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UN ITY PLACE, TEXAS Chair, Zoning and Planning Commission Existing Provisions within the Code of Ordinances for sport related activities: • Table 7-5b: Certain Structures General Rule: Every structure must conform to the applicable regulations Table 7-5b:Certain Structures shown, by District, in this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) See special rules noted in table. (3) See Article 9 regarding Planned Development Districts. Item Regulation SF-1 SF-2 SF-3 TH GR-1 GR-2 C Maximum number See Swimming pools One.See Note 1. N/A per building site Note 2. Tennis courts Maximum number One (may only be a private per building site tennis court).See Note 1. All structures See Note 4 Height, maximum 25 feet. But see "Buildings" table for certain building height 35 ft. See, also,Article 8 limits. See Note 3. Note 1 : Tennis Courts, Swimming Pools in SF Districts. Each tennis court in a SF District must: (i) be a private accessory structure for a single building site, (ii) be used for residential purposes only, (iii) be open to the sky, but enclosed and screened to a height of at least eight feet on all sides, and (iv) never be lighted for play. Each swimming pool in an SF District must be a private accessory structure for a single building site and used for residential purposes only. Note 2: Swimming Pools, Tennis Courts in TH Districts. The ZBA may issue a special exception for a tennis court or a swimming pool if the ZBA finds that the proposed facility will not create a drainage or noise problem and will not cause a significant increase in traffic on nearby streets. Tennis courts and swimming pools must comply with the tennis court and swimming pool regulations in the SF Districts, but may serve commonly- platted or restricted sites. See Note 1 . Note 3: Height in C District. in the C District, no part of any 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 . • Table 7-6 (EXCERPT) . Projections Schedule, cont . Special Rules For Type of Structure! Maximum Allowed Projection(In Inches),Measured From The Inside Edge Of The Yard! Calculating Open& Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard The area may count as No limit generally,but see Basketball goals 120" No limit No IimitY both open area and pervious Note 7.% area. The area may count as Playground 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. The area does not count as 0,but see Notes 81,82, No limit,but see Notes Fences! Nolimit! No limit either open or pervious and11" 8.1,8.1and11.! area. The area counts as open Certain Accessory Swimming pools! 0 0,but see Note 9r 0,but see Note 9.! No limit area.Only the water area Structures counts as pervious area. The area counts as open Tennis courts(with area but not pervious area associated screens)! 0 0 0 No limit (unless the area is made of grass) The area may count as No limit generally,but see No limit generally,but see No limit generally,but see No limit generally,but see lights and lampposts! both open area and Note 10.3 Note 10.T_ Note 10.! Note 30.E ,I pervious area. The area may count as Gate closers! 24"! No limit No limit No limit both open area and pervious area. Signs(see Code of The area does not count as No limit. 0 0 0 either open or pervious Ordinances)! area. Amended Provisions within the Code of Ordinances for sport related activities: • Table 7-5b: Certain Structures General Rule: Every structure must conform to the applicable regulations Table 7-5b:Certain Structures shown, by District, in this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1)See special rules noted in table. (3)See Article 9 regarding Planned Development Districts. Item Regulation SF-1 SF-2 SF-3 TH GR-1 GR-2 C Maximum number See Swimming pools One.See Note 1. N/A per building site Note 2. Tennisce4Fts Maximum number One Sport Courtper buildingsite N/A N/A ��}.See Note�5. Maximum number Practice Enclosure One.See Note 6. N/A N/A per building site All structures See Note 4 Height, maximum 25 feet. But see"Buildings" table for certain building height 35 ft. See, also,Article 8 limits. See Note 3. Note 1: Tennis Courts, Swimming Pools in SF Districts. for a single building site, (ii) be Wised few residential—purpooco o rl — T on all sidca, 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, Tennin Courto in TH Districts. The ZBA may issue a special exception for a tcnnic; 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. Tcnnic courts and Swimming pools must comply with the tennis court and swimming pool regulations in the SF Districts, but may serve commonly-platted or restricted sites. See Note 1. Note 3: Height in C District. In the C District, no part of any 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 . Note 5: Sport Court in SF Districts. Each sport court in a SF District must: 1 . Be a private accessory structure for a single building site; 2 . Be used for residential purposes only; 3. Be open to the sky but enclosed and screened by opaque fencing to a height of 8 feet on all sides. Boundary fencing may be utilized for the screening of sports courts in lieu of an interior fence enclosure; 4 . Never be directly or indirectly lighted for play; 5. Not project past the front of the principal building*; 6. Not be located in a side yard*; and 7 . Not project into the rear yard setback, unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site(s) , in which case a ten-foot projection into the rear yard setback is permitted* . *See Note 7 . Note 6: Practice Enclosure in SF Districts. Each practice enclosure in a SF District must: 1 . Be a private accessory structure for a single building site; 2 . Be used for residential purposes only; 3. Be enclosed on all sides (including above the enclosure) by netting to a minimum height of at least 8 feet. Enclosure not to exceed 12 feet in height; 4 . Never be directly or indirectly lighted for play; 5. Not project past the front of the principal building*; 6. Not be located in a side yard*; and 7 . Not project into the rear yard setback, unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site(s) , in which case a ten-foot projection into the rear yard setback is permitted* . *See Note 7 . Note 7: Sports Courts and Practice Enclosures. The ZBA may issue a special exception to locate a sports court or practice enclosure in a different design or location than prescribed by this ordinance. The following items may be considered by the ZBA as permissive factors when considering the merits of the special exception: 1 . The submission of a noise study which demonstrates compliance with city noise ordinances. See Chapter 54, Article II; 2 . The submission of letters of no objection from all immediately adjacent neighbors; 3. The preservations of a Protected Tree; and 4 . Concurrent landscaping enhancements and beautification of the building site. • Table 7-6 (EXCERPT) . Projections Schedule, cont . Special Rules For Type of Structured Maximum Allowed Projection(In Inches),Measured From The Inside Edge Of The Yardltl Calculating Open& Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard The area may count as Basketball goals 120" No limit No limit generally,but see No limitd both open area and pervious Note 77 area. The area may count as Playground equipmentl 0 No limit 0 No limit both open area and pervious area. The area may count as • Flagpolesd 120" 0 0 0 both open area and pervious area. The area does not count as O,but see Notes 8.1,8.2, No limit,but see Notes Nolimit eithero en or pervious Fencesd No limits P and 12.2 8.1,8.2 and 11.0 area. • The area counts as open Swimming pools1M 0 0,but see Note 90 0,but see Note 9.11 No limit area.Only the water area counts as pervious area. Certain Accessory The area counts as open reboil-fowls- Structures area but not pervious area Sport Court(with 0 0,but see Note 14 0 No limit (unless the area is made of associated screens)d grass or sand. The area co.tnts as open area oat out ta ervl_ Practice Enclosure 0 O,but see Note 14 0 No limit area lunteas the area is made of grass or sand). The area may count as No limit generally,but see No limit generally,but see No limit generally,but see No limit generally,but see botho en area and Lights and lampposts:F Note 10.2 Note 10.'l Note 10.2 Note 10.1 p pervious area. The area may count as Gate closersi': 24"d No limit No limit No limit both open area and pervious area. The area does not count as Signs(see Code of No limit!) 0 0 0 either open or pervious Ordinances), • area.• Note 14: Sport Courts and Practice Enclosures. Sports courts and practice enclosures may not project into a rear yard unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site (s) , in which case a ten-foot (10' ) projection into the rear yard is permitted. : • Section 2-102 . - Certain terms . 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, Table 7-1, Note 2. Porch. A roofed structure, open at the sides to extent required Table 7-6 P q note 1 .2, projecting from the face of a principal building and used to protect the entrance of the structure. Practice Enclosure. A practice enclosure is a permanent or semi-permanent outdoor space that is generally enclosed on all sides by netting, and which is utilized for the practice of a sports activity (e.g. , batting practice, golf, etc. ) which is not otherwise prohibited by law or local ordinance. Principal building. The building on a building site housing the principal use. 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. Sport Court. A sport court means any outdoor improved area (not including parking areas, driveways, or pools) designed for athletic or recreational purposes, including but not limited to tennis, basketball, handball, pickleball, volleyball, and racquetball courts. Zoning District Map. The map adopted on March 12, 2001 simultaneously with the comprehensive amendment of this ordinance, as said map may be amended, from time to time. 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 the single-family zoning districts to simplify and clarify the research process for end-users such as residents, 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 zoning 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 Commercial District Specific Regulations. Article 7D, 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 concludes that in order to better serve the residents and working professionals of the city, Article 7 of the Zoning Ordinance should be subdivided into four separate articles: 7A, 7B, 7C, and 7D. This subdivision aims to assist homeowners in navigating and interpreting the code, as well as to enhance the technical research experience for professionals and city staff when assessing the applicable zoning regulations for a project by zoning 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: Cutrer, Yehle, Powell, Rephlo, Mazzu, and Howard voted "aye". Takashima was not present. Respectfully Submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Chair, Zoning and Planning Commission City of West University Place Harris County,Texas ORDINANCE NO.XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AMENDING APPENDIX A, ZONING ORDINANCE, BY 1) PROVIDING FOR THE CONSOLIDATION OF PROVISIONS RELATED TO RESIDENTIAL ZONING DISTRICTS SF-1, SF-2 AND SF-3, INCLUDING THE CREATION OF A ROTATED CORNER OVERLAY DISTRICT AND AN OLD-BUILDING SITE OVERLAY DISTRICT; 2) PROVIDING FOR THE REGULATION OF SPORTS COURTS, INCLUDING PRACTICE ENCLOSURES AND TENNIS COURTS; AND 3) PROVIDING FOR THE CORRECTION OF SCRIVENER'S ERRORS; FINDING THAT THE ZONING AMENDMENTS ARE CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A PENALTY UP TO $2,000.00 PER DAY FOR VIOLATION OF THE ZONING ORDINANCE; AND CONTAINING OTHER FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS,the City Council and the Zoning and Planning Commission("Z&PC") of the City of West University Place, Texas("City") held a joint public hearing on February 12,2024 on Z&PC's preliminary reports dated November 9, 2023 (Consolidation of SF-1, SF-2, and SF-3 Zoning Districts) and August 10, 2023 (Sport Courts & Practice Enclosures) recommending changes to the Zoning Ordinance of the City (the"Zoning Ordinance"); and WHEREAS, the Z&PC, after hearing the public comments, adopted a final report recommending certain amendments to the Zoning Ordinance related to the consolidation of zoning districts and regulation of sports courts and practice enclosures,which the Z&PC has submitted to City Council; and WHEREAS, the City Council has considered the final report of the Z&PC as well as the City's Comprehensive Plan, and City Council formally approves and adopts the report of the Z&PC; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE,TEXAS, THAT: Section 1. Preamble. The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and incorporated herein for all purposes. 1 Section 2. Zoning Amendment—Article 2. Appendix A,Zoning Ordinance, is amended by adding or amending the following terms of Section 2-102 `Certain Terms" of "Article 2 "Definitions and Interpretations" to read: "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. 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. Certified sound emission level. This level is measured in decibels according to the Air Conditioning and Refrigeration Institute's reference test method ARI270-84 ("Standard for Sound Rating of Outdoor Unitary Equipment"), or an equivalent method approved by the Administrative official.See Tables 7A-7,7B-7,7C-7,7D-7. 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 historical development; (v) Probable future development;and (vi) Compatibility with nearby sites and their uses. For this purpose,the administrative official shall consider 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. 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 (2) On-Street Spaces.In GR-1 or GR-2,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. It 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. It must be used throughout. Note(s)—Where a LIMC as defined in Sec.2-102 is allowed,internal access garages are not required;see the definition of QMDS in this section. 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, 78-7, 7C-7, 7D-7)to the extent therein provided. Porch.A roofed structure,open at the sides to the extent required by Tables 7A-7,7B-7,7C-7,7D-7,note 1.2, projecting from the face of a principal building and used to protect the structure's entrance. Practice Enclosure.A practice enclosure is a permanent or semi-permanent outdoor space that is generally enclosed on all sides by netting,and which is utilized for the practice of a sports activity(e.g.,batting practice,golf,etc.)which is not otherwise prohibited by law or local ordinance. Rotated corner building site or lot means a corner building site in the 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 RCOD,most rotated corner building sites will be oriented north-south because most of the original corner lots were oriented east-west(except for lots along University Boulevard or Cason Street). 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) One 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 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). Sport Court.A sport court means any outdoor improved area (not including parking areas,driveways,or pools)designed for athletic or recreational purposes, including but not limited to tennis, basketball, handball, pickleball, volleyball, and racquetball courts. SF District.This term refers collectively to the SF District,PDD-SF1,and PDD-SF2 and each of them. 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 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." 3 Section 3. Zoning Amendment—Article 3. Appendix A,Zoning Ordinance, is amended by amending Section 3-100 "Districts; Purposes" of Article 3 "Zoning Districts Established" to read: "Section 3-100.Districts;Purposes. The City is at this moment divided into the following districts,with the purposes set out below: (1) SF,the Single-Family District.The purpose of this district is to provide regulations to maintain and protect the City's single-family residences and neighborhoods. (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. (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. (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 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 applying 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.Section 3-100.Districts;Purposes." Section 4. Zoning Amendment—Article 5. Appendix A,Zoning Ordinance, is amended by amending Sections 5-100"Requirement for building site",5-101 "Designation of building site", and 5-102 "Division of building sites", and Table 5-1 "Building Site Dimensions" of Article 5 "Building Sites"to read: "Section 5-100.Requirement for building site. (a) Basic Criteria.Every structure must be located upon a building site meeting all of the following criteria: (1) The entire site must be contiguous and under common fee-simple ownership. (2) The site must consist of one or more whole subdivided lots,excluding only:(i)common use areas and(ii)areas lost because of public acquisition,adverse possession,discrepancies in boundaries or similar causes. (3) Common-use areas are excluded. (4) The site may not include any area within another building site. 4 (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 per the criteria in effect at the time the structures were built and under the apparent intent of the owners. 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 the Harris County Real Property Records when two or more building sites are 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. (b) Administrative official's Action. The administrative official shall designate building sites for existing structures per the criteria in effect at the time the structures were built and with following the apparent intent of the owners. 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. 5 General Rule:This table prescribes the minimum dimensions for building sites,by District.("DU"means"dwelling unit.")Exceptions/Special Rules:(1)See PDD Table 5-1.Building Site Schedules for planned development districts.(2)See special notes in table.(3)The Dimensions Z&PC may establish different dimensions by approving a plan,plat or replat(see Article 5). OBSOD RCOD (Old (Rotated Item Measurement SF Building Corner TH GR-1 GR-2 C Site Overlay Overlay District) District) Old building sites (before October Width, 50 ft. 100 ft. 24, 1987) minimum 50 ft. 75 ft. 50 ft. N/A See See 75 ft. See Notes 1 and 2. Note 4 Note 4 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. 7,500 sq. minimum sq.ft. sq.ft. sq.ft. perfDU See See sq.ft. Note 5 Note 5 New building sites (on or after Width, 75 ft. 75 ft. 75 ft. N/A N/A N/A 50 ft. October 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 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 before 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. 6 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- POD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl Old building sites Width, 50 ft. N/A 50 ft. (before October minimum 24,1987)See Notes 1 and 2 Depth, 100 ft. N/A N/A minimum Area, 5,000 2,000 sq.ft.per DU 5,000 minimum sq.ft. sq.ft. New building sites Width, 75 ft. N/A 50 ft. (on or after minimum 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 the SF (but not within the OBSOD)or GR-1 District may be further subdivided to produce a building site with less than seventy-five (75)feet of width or less than one hundred ten(110)feet of depth if all applicable procedures under state law and the City's ordinances,rules and regulations are followed and one of the following three sets of circumstances is present:(A)All portions of the subdivided lots are added to adjoining subdivided lots.(B)The number of lots is not increased,and all resulting lots have:(i)a depth greater than or equal to the depth of the shallowest lot before the re-subdivision,and(ii)a width greater than or equal to the width of the narrowest lot before the re-subdivision;provided that no resulting lot is irregularly shaped (unless it was so shaped before the re-subdivision).(C)A portion of the subdivided lot is needed for City use or utility or service use. Note 4. Width & Depth in GR-1 and GR-2 Districts. Minimum widths and depths do not apply to single-family uses (attached or detached). Note 5. Area in GR-1 and GR-2 Districts.The minimum area is 2,000 sq.ft.for single-family uses(attached or detached)." 7 Section 4. Zoning Amendment—Article 7. Appendix A, Zoning Ordinance, is amended by replacing Article 7 '`District Specific Regulations" with new Articles 7 A through 7 D that shall read as follows: ARTICLE 7A. RESIDENTIAL DISTRICT-SPECIFIC REGULATIONS Section 7A-100.Purpose and applicability. The purpose of this Article is to prescribe regulations that differ by residential and overlay district. Each regulation shall be construed to carry out the purpose and intent of this ordinance and 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-7,the"Projections Schedule. 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 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. OBSOD RCOD Use Category Specific Use SF(Single-Family) (Old Building Site (Rotated Corner Overlay District) Overlay District) Single-family Residential 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), See Notes 1 and 3 Public school(public), place of worship Private green space See Notes 1 and 2. Utility or service use.See Article 8. A See Note I PWSF use. A or SE See PWSF Schedule.See Note 1. 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 lawful primary use and(ii)reasonably compatible with nearby sites and their uses(in addition to any other findings and determinations required for a special exception).Note.:A previously issued special exception that authorized a use with a high-density occupancy is sufficient to comply with this note. Note 2. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other similar uses that are predominantly pervious, vegetated and non-commercial are allowed in all districts. Unless otherwise authorized by a special exception, the only structures allowed are fences,playground equipment and landscaping structures(e.g., low,retaining walls,borders, etc.). The ZBA may issue a special exception to authorize other structures. The special 8 exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the site plan controls over any other ordinance to the contrary. However, the site plan may not specify yards (or "setbacks") different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary for efficient use of the available space and(ii) compatible with nearby sites and their uses. The special exception may allow accessory structures without a principal building. Note 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. 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 not Table 7A-2:Yards 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 the table. (3)See Article 7D for (or'setbacks') rules governing planned development districts. (4) See additional setbacks in the PWSF Schedule. Item Measurement SF(Single-Family) OBSOD(Old Building Site RCOD(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 more Front yard the front street than 110 feet but not more than 125 feet;30 feet if the building site depth is more than 125 line. feet.See Note 4. Distance from Interior the side Greater of 10%of the building site width or 5 feet.See Note 2. side yard property line (each side). Street side Distance from yard side street line. Greater of 10%of the building site width or 5 feet.See Notes 2,3,S. 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.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 9 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 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(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. 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 5.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See Article 8. 10 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 Pervious Areas Article 7D for rules governing planned development districts.(2)See special rules noted in the table.(3)See the Projections Schedule for calculating open and pervious areas. Item Measurement SF(Single Family) OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) Front yard, Open area minimum 60% percentage. Rear yard, minimum 60%See Note 1 percentage. See Note 3. Entire building site, 45% minimum percentage. Pervious Front yard, minimum 50%.See Note 4. 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 Note 2. 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 least trees 25 sq.ft.However,additional,or better pervious areas may be required to comply with Chapter 82. • Each parking area containing 21 or more parking spaces must contain interior pervious areas in Parking areas, "island" or "peninsula" configurations aggregating in area at least two square feet for each interior parking space. Note 1.Rear Yard Adjacent to Non-SF.The ZBA may issue a special exception to reduce the requirement for open area in a rear yard in a SF District to not less than 40%,if the rear yard abuts a non-SF District. Note 2. 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 showing that(i)the spacing is allowed by standard urban forestry criteria for the 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, 11 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 3. 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 4.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. 12 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. Item Regulation SF(Single Family) OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) Garage space, Garage parking spaces. Minimum 2.0 per DU (1.0 per DU for old stock housing);each must be enclosed n general See Article 10 or semi-enclosed and adjoin a driveway. Maximum 1.0 per 2,225 square feet of ibuilding 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,(ii)there is only open area above the driveway for at least seven feet inward front street line. 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 eighteen feet or more from the Door or opening facing side street property line, (ii)there is only open area above the driveway for at least seven feet inward from the side street line,and(iii)any structure above the side street line driveway and within ten feet of the side street line must be cantilevered or suspended from the building(no special posts or vertical supports being allowed). Garage accessory Limit on non-garage 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 as an existing parking area,garage or driveway; or(iv)the location or design requested is necessary for safety considerations. 13 General Rule: Every structure must conform to the applicable regulations shown by District Table 7A-4b:Buildings 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 SF(Single Family) OBSOD (Old Building Site RCOD (Rotated Corner Overlay District) Overlay District) Maximum Dwelling number per One plus one accessory quarter(AQ) units building site Maximum Framed area, 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 2. 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 3. maximum See Article 10 Minimum regarding gross floor 1,400 square feet,if used for residential purposes garage area space. Width, N/A I minimum 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 35 feet or four feet above the roof. See Section 18-149, Table 6-552 which provides additional regulations for the installation of roof mounted antennas. Note 2.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-floor viewpoint in question, (ii) on a building site in an SF District, and (iii) below 20 feet in height. 14 Note 3. Height of Flood Loss Structures.The roof height of existing flood loss structures 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 to Table 7A-5a: the applicable regulations shown,by District,in this table. ("N/A" means the rule does Parking,driveways,etc. not apply.) Exceptions/Special Rules: (1) See special rules noted in the table. (3) See Article 9 regarding Planned Development Districts. (3) See Note 7 regarding special exceptions.(4)See Article 10. Item Regulation SF (Single Family) OBSOD (Old Building Site RCOD (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 location,size, maneuvering areas,design requirements, "same site"rule, yards,street areas,loading Other regulations design spaces,etc.). apply;see,e.g., Article 10 Maneuvering See Article 10 areas Grouping or Not allowed,except in a QMDS platted parking reserve serving two or more DU's. But sharing. see Note 2. Use of parking Parking spaces for non-SFD uses may only be used for motor vehicle parking.See Note areas 3. Minimum 20 ft,via public or private street,to each principal building and each DU(or to an Emergency width.See adjacent open area accessible to firefighters and equipment).Other regulations also accessway Note 1. apply,e.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 and Any other driveway:20 feet.For other residential uses:24 ft.(or 35 feet if connecting area) private streets See Note 1. to a major thoroughfare). For all other uses:30 feet(or 35 feet if connecting to 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 driveway 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. 15 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 See Note 4. Reinforced concrete,with curbs and drains required for all vehicular areas.Exceptions: (i)See Table 7A-3(pervious pavement)and Note 4,below.(ii)See Article 10 regarding "overhang." 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 10 and Max.width per Four feet(for aprons)plus the maximum driveway width allowed.Each curb cut must Chapter 70 of 50-ft.segment be confined to the part of the street area that directly abuts the building site(s) the Code of of street line served.See Note 1. Ordinances. Visibility Forbidden The following are forbidden on parts of a building site within a visibility triangle: triangles structures, structures,plants or other things taller than 2.0 ft.or shorter than 8.0 ft.This does not See definitions plants and require removal of trees in existence on July 1,1992,if kept pruned. in Article 2 other things Note 1.Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for non- SFD use,pavement.Maximum driveway width refers to 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 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 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 16 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. Table 7A-5b:Certain General Rule:Every structure must conform to the applicable regulations shown by District Structures 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 SF (Single Family) OBSOD (Old Building Site RCOD (Rotated Corner Overlay District) Overlay District) Maximum Swimming number per One.See Note 1. pools building site Maximum number per Sport Court building One.See Note 2. site Maximum Practice number per One.See Note 3. Enclosure building site All structures See Note 5 Height, See,also, maximum 25 feet. But see the"Buildings"table for certain building height limits. Article 8 Note 1. Swimming Pools in SF Districts. 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. Sport Court in SF Districts. Each sport court in a SF District must: (1) Be a private accessory structure for a single building site; (2) Be used for residential purposes only; 17 (3) Be open to the sky but enclosed and screened by opaque fencing to a height of 8 feet on all sides. Boundary fencing may be utilized for the screening of sports courts in lieu of an interior fence enclosure; (4) Never be directly or indirectly lighted for play; (5) Not project past the front of the principal building*; (6) Not be located in a side yard*;and (7) Not project into the rear yard setback,unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site(s), in which case a ten-foot projection into the rear yard setback is permitted*. *See Note 4. Note 3. Practice Enclosure in SF Districts. Each practice enclosure in a SF District must: (1) Be a private accessory structure for a single building site; (2) Be used for residential purposes only; (3) Be enclosed on all sides by netting to a minimum height of at least 8 feet. Enclosure not to exceed 12 feet in height; (4) Never be directly or indirectly lighted for play. (5) Not project past the front of the principal building*; (6) Not be located in a side yard*;and (7) Not project into the rear yard setback,unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site(s), in which case a ten-foot projection into the rear yard setback is permitted*. *See Note 4. Note 4. Sport Courts and Practice Enclosures.The ZBA may issue a special exception to locate a sports court or practice enclosure in a different design or location than prescribed by this ordinance.The following items may be considered by the ZBA as permissive factors when considering the merits of the special exception: (1) The submission of a noise study which demonstrates compliance with city noise ordinances. See Chapter 54, Article II; (2) The submission of letters of no objection from all immediately adjacent neighbors; (3) The preservation of a Protected Tree;and (4) Concurrent landscaping enhancements and beautification of the building site. Note 5. 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 the ground,applying standard technical codes and utility safety guidelines. 18 General Rule:This table prescribes the minimum dimensions for building sites by Table 7A-6:Building Site District.("DU"means"dwelling unit.")Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2)See special notes in table.(3)The Dimensions Z&PC may establish different dimensions by approving a plan,plat,or replat(see Article 5). OBSOD RCOD 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. sq.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 maybe 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(but not within the OBSOD)or GR-1 District may be further subdivided to produce a building site with less than seventy-five(75)feet of width or less than one hundred ten(110)feet of depth if all applicable procedures under state law and the City's ordinances,rules and regulations are followed and one of the following three sets of circumstances is present: (A)All portions of the subdivided lots are added to adjoining subdivided lots. (B)The number of lots is not increased,and all resulting lots have:(i)a depth greater than or equal to the depth of the shallowest lot before the re-subdivision,and(ii)a width greater than or equal to the width of the narrowest lot before the re-subdivision;provided that no resulting lot is irregularly shaped(unless it was so shaped before the re-subdivision). (C)A portion of the subdivided lot is needed for City use or utility or service use. 19 General Rule:This schedule describes certain structures that are allowed to Table 7A-7.Projections Schedule "project"into yards(or setbacks).It also provides special rules for calculating open and pervious areas affected by such structures.See the"Yards(or 'setbacks')"and the"Open&Pervious Areas"tables. 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 "greenhouse"and that no bay windows(no item below floor space), the eave The area does 15"See 15"See Note windowsills, 15" Note 12 may be 12 not count as cantilevered building closer than open area. space,window 36"to the boxes,belt courses, SPL.See window air Note 12 conditioners,and similar parts of buildings. Items at and above 12"except ground level: that no item below Chimneys/fireplaces The area does Buildings and the eave Attached (with cross-sectional 15" 15"See may be 15"See Note not count as areas of 8 square Note 12 12 either open or Structures closer than feet or less) pervious area. and similar parts of 36"to the SPL.See buildings. Note 12 The area does not count as either open or Porches/platforms/d ecks higher than 14 pervious area. 0,but see 0 See Note 0 See Note The area beneath inches and similar 0 See Note 12 structures attached Note 1 12 12 a deck may count to a building. as pervious area if rain is allowed to pass through the deck. Steps not higher The area does than the first floor 120" 0 See Note 0.See Note 0.See Note not count as 12 12 12 either open or level. pervious area. 20 Items near ground level:porches, The area counts platforms,and decks as an open area. higher than six The area beneath inches but not 120" No limit. 0 See Note No limit a deck may count higher than 14 12. 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 The area does buildings and 0,but see Notes 3 and 0,but see 0,but see not count as structures attached Note 2. 4.See Note Note 5.See Note 3.See either open or to buildings. 12 Note 12. Note 12 pervious area. The area counts Sidewalks,patios, as an open area but not a porches/platforms/d pervious one ecks,retaining walls, unless the driveways,parking There is no material is areas,and similar limit, completely Ground-level and structures not except that 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 pervious area if rain is allowed to 7A-3 regarding 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 and 0 No limit 15" 12" count as both an related apparatus open area and pervious area. No limit The area may generally, count as Basketball goals 120" No limit No limit both open area but see Note 7. and pervious area. Certain Accessory No limit The area does Structures Book Sharing Exchanges generally, 0 0 0 not count as (1 per building site) but see either open or Note 13. pervious area. Playground The area may equipment 0 No limit 0 No limit count as both open area 21 and pervious area. The area may count as Flagpoles 120" 0 0 0 both open area and pervious area. No limit, The area does 0,but see but see not count as Fences Notes 8.1 No limit No limit and 8.2 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 Sport Court(with 0,but see area but not associated screens) 0 Note 14 0 No limit pervious area (unless the area is made of grass or sand). The area counts 0,but see as open area but Practice Enclosure 0 Note 14 0 No limit not pervious area (unless the area is made of grass). No limit No limit No limit The area may No limit Lights and generally generally generally count as both generally but lampposts but see but see but see open area and Note 10. Note 10. Note 10. see Note 10. pervious area. The area may Gate closers 24" No limit No limit No limit count as both open area and pervious area. The area does Signs(see Code of not count as No limit 0 0 0 Ordinances) either open or pervious area. Note 1.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 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 22 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 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 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 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 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 the following criteria:(a)No part of the building may be closer than three feet to the side property line.Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage (plus stairway and eaves). (c)Any projecting part must be at least seventy feet from the front street line.(d)Within ten feet of another building site in an SF District(whether on the side,rear,or otherwise),the building may have no window,door,or other opening above the ground floor(and facing the property line of the other building site. Exception:There may be translucent(but not transparent),non-operable openings. Note 6.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City,the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line)only if it is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 of the Code of Ordinances. However, equipment replacing older equipment in a side yard may project as close as 18 inches to a property line if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided,but it may be either solid or at least 50%o solid (e.g.,lattice).All other rules apply. 23 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 specified in Section 18-171. Note 10.Lampposts. 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 (Rotated Corner Overlay District), except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 12. 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. Note 13. 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. Note 14.Sport Courts and Practice Enclosures.Sports courts and practice enclosures may not project into a rear yard unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site(s),in which case a ten-foot(10')projection into the rear yard is permitted. 24 ARTICLE 78. NON-SINGLE-FAMILY RESIDENTIAL DISTRICT-SPECIFIC REGULATIONS Section 7B-100. Purpose and applicability. The purpose of this Article is to prescribe regulations which differ by residential district. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which it applies. Section 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." 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 7B-1:Uses exception, and uses marked "X" are prohibited. Exceptions/Special Rules: (1) See Article 7D for rules governing planned development districts. (2) See special rules noted in table. The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Category Specific Use TH GR-1 GR-2 Residential Single-family A See Note 1 A (detached) Single-family (attached) A See Note 1 A Other residential X A Park,playground, Public and Semi- or community Public center(public), A See Notes 1 and 3 school(public), place of worship Private green See Notes 1 and 2 space Utility or service A See Note 1 use.See Article 8. PWSF use. A or SE See PWSF Schedule.See Note 1. 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 previously- issued special exception that authorized a use with a high-density occupancy is sufficient to comply with this note. Note 2. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other similar uses that are predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized by a special exception,the only structures allowed are fences,playground equipment and landscaping structures(e.g., low,retaining walls,borders,etc.).The ZBA may issue a special exception to authorize other structures.The special exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the site plan controls over any other ordinance to the contrary. However, the site plan may not specify yards (or"setbacks") different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary for efficient 25 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)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. 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 special rules noted in table.(3)See Article 7D for rules governing planned development districts.(4)See additional setbacks in the PWSF Schedule. Item Measurement TH GR-1 GR-2 Front yard Distance from 10 ft. 20 ft. front street line. See Note 3. See Note 3. Interior Distance from side yard side property 5 ft.See Notes 1 and 2.See Note 3. line(each side). Street side Distance from yard side street line. 10 ft.See Note 3. Distance from Rear yard rear property 20 ft.See Note 3. 5 ft.See Note 3. line. SF Distance from Bufferyard nearest part of 20 ft.See Note 3. an SF District. Note 1.Common Walls.In the TH and GR-2 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 3,below,for QMDS. Note 2.Common Walls in New Townhouse Construction.In all PDD-TH districts,where new townhouses are concurrently constructed on two or more abutting building sites along a block face,zero-width side yards are allowed by right wherever a common wall or continuously abutting separate walls will be constructed and maintained(in either case with a four-hour fire rating or better)along the property line.On each building site that contains the end townhouse in a row of attached townhouses on abutting sites, the interior side yard requirement, or the street side yard requirement for a corner site,shall apply along the side property line where a common wall or continuously abutting separate walls will not be constructed.See,also,Note 3,below,for QMDS. Note 3. Yards In QMDS.In a QMDS,yards are only required around the perimeter of the subdivision and are designated by the subdivision plat. See definition of QMDS. Standard projections into QMDS yards are allowed per the Projections Schedule.In addition: (a) Front yard(GR-1 or GR-2 Only):A principal building with an internal access garage may project as close as 10 feet to the street area if,in the projecting part:(a)there is a first-floor porch or with at least 80 sq.ft.of floor space(open or screened)and no dimension smaller than seven feet;(b)above the porch or court,no more than half the usable floor space is enclosed (coverings and other floor space, including open or screened porches,are allowed above all the porch or court);(c)the cornice height does not exceed 27 feet;(d)there are no more than 2.5 stories;and(e)there is no garage space. (b) Front yard:Bay windows,canopies and balconies at least 18 inches above grade may project up to 24 inches beyond the principal building.Steps and handrails may project up to 30 inches beyond the principal building. (c) Rear Yard and SF Bufferyard.Buildings up to 10 feet high(measured from finished grade to top of roof plate) may project,but not closer than 10 feet to the property line. 26 General Rule:Every building site must have the minimum open and pervious areas shown, by Table 7B-3:Open& District,in this table. ("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See Pervious Areas Article 7D for rules governing 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 TH GR-1 GR-2 Front yard, Open area minimum N/A 40% percentage. Rear yard, minimum N/A N/A percentage. See Note 4. Entire building site, 25% 25% minimum percentage. Front yard, Pervious minimum 50%See Note 1. 50%See Note 1. area percentage. Entire building site, 15% 15% minimum percentage. Landscaping Required,except for SFD uses on building sites with 5,000 sq.ft.or more.See Note 2. strips For SFD uses on building sites with 5,000 sq.ft.or more,Chapter 82 of the Code of Ordinance Qualified must be located within a contiguous and reasonably compact pervious area containing at trees least 25 sq.ft.However,additional or better pervious area may be required to comply with Chapter 82. Pervious In a QMDS only,pervious pavement is allowed to be used for all vehicular areas,and part of it pavement may count as pervious area.See Note 3. 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.Pervious Area in QMDS.Front yard minimum pervious area requirement in a QMDS is 40%.,or 30%for a front yard in a QMDS"low-impact motor court." Note 2. Landscaping Strips. Vegetated pervious areas required as follows: (a) minimum five feet wide adjacent to each street area(or 3.5 ft. if located in front of a fence or wall at least 3.5 feet high),and(b) minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not required along alleys or where they must be crossed by sidewalks or driveways. Strips along street areas must have live, evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of Ordinances (maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or trees, upon a showing that(i)the spacing is allowed by standard urban forestry criteria for the particular species and location and (ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular landscaping will,in all probability, be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property. Note 3. 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). 27 Note 4.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. 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 7B-4a:Garage Space Areas means the rule does not apply.) Exceptions/Special Rules: (1) See special rules noted in table.(2)See Article 9 regarding Planned Development Districts.(3)See Note 1 regarding special exceptions. Item Regulation TH GR-1 GR-2 Garage space, Garage parking spaces. in general See Article 10 Minimum 2.0 per DU;each must be enclosed. 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 front street line. (May affect eligibility as QMDS.See definitions in Article 2.) 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 28 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. General Rule:Every structure must conform to the applicable regulations shown,by District, Table 7B-4b:Buildings in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts. Item Regulation TH GR-1 GR-2 Maximum Dwelling number per 17.5 per acre.See Note 7 Two 24 per acre. units building site Maximum Framed area, all buildings area as a 0 on a building percentage 100%See Note 3. site of building site area Length or Maximum width,any horizontal 130 feet.See Note 2. building dimension Exterior materials, Type Must be of equal grade and quality,all sides.See Section 8-104 any building. Separation of Fire-rated A four-hour fire wall, or its equivalent, must separate adjoining dwelling units.See Notes 2 DUs wall and 4. 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 5. maximum Principal Height, buildings 35 feet;25 feet in rear yard.See Note 1,and Note 8. 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 QMDS Schedule minimum Note 1.Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above the roof.The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof. Note 2.Building Detail,TH,PDD-TH and GR Districts.To separate buildings,there must be open area at least five feet wide maintained so that firefighters with hoses could pass through. 29 Note 3. 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 4. Building Code. Separation requirements are in addition to other requirements of building codes and other ordinances.See Code of Ordinances. Note 5.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 6.SF privacy protection. On a building site where this applies,there may not be a direct sight line from any"third- floor viewpoint"to any point in an "SF privacy zone." A "third-floor viewpoint" is any viewpoint on a "third-floor area"at eye level(six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor is 18 feet or higher. The "SF privacy zone" includes every point: (i) within 100 feet of the third floor viewpoint in question,(ii)on a building site in an SF District,and(iii)below 20 feet in height.See Figure SFP. Note 7.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 8. Height of Flood Loss Structures. The roof height of existing flood loss structures that are being raised to meet floodplain regulations may exceed the existing roof height by an amount equal to the distance the structure is elevated.In no case may the maximum roof height exceed 39 feet and 27 feet in the rear yard setback. General Rule:Every building site,vehicular area and related structure must conform to Table 76-5a: the applicable regulations shown,by District,in this table. ("N/A" means the rule does Parking,driveways,etc. not apply.)Exceptions/Special Rules:(1)See special rules noted in table.(3)See Article 9 regarding Planned Development Districts.(3)See Note 6 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 7B-4a,and Article 10(including areas location,size, maneuvering areas, design requirements, "same site"rule, yards,street areas,loading Other regulations design spaces,etc.). apply;see,e.g. Article 10 Maneuvering See Article 10 areas Grouping or Not allowed,except in a QMDS platted parking reserve serving two or more DU's. But sharing. see Note 2. Use of parking Parking spaces for non-SFD uses may only be used for motor vehicle parking.See Note areas 3. Minimum 20 ft, via public or private street, to each principal building and each DU (or to an Emergency width.See adjacent open area accessible to firefighters and equipment). Other regulations also accessway Note 1. apply,e.g,fire code. Driveways and Minimum For SFD use:nine ft. private streets width.See For non-SFD residential use: 10 feet, or 17 feet if two-way and serving three or more Other Note 1. DU's. 30 regulations apply;see,e.g. Maximum For SFD use:(i)Driveway serving any single-bay garage: 12 feet.(ii)Driveway in a front Article 10 width(in front yard serving rear garage or side-facing garage:12 feet. (iii)Driveway in side street area yard or street of a corner site serving a side-facing garage with three or more bays:30 feet; (iv)Any other driveway: 20 feet. For other residential uses:24 ft.(or 35 feet if connecting to a area) major thoroughfare). For all other uses: 30 feet (or 35 feet if connecting to a major See Note 1. thoroughfare). For non-SFD uses:160 feet,driving distance to the nearest street area,measured along Maximum centerline from farthest end point.A longer driveway is allowed if there is an approved length turnaround or second means of egress, or if the drive-way is platted as part of the common area in a QMDS. Route,location N/A 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 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 78-3(pervious pavement)and Note 4,below. (ii)See Article 10 regarding "overhang." Markings;wheel Required type For non-SFD uses:Parking spaces must be clearly marked on the pavement,and wheel stops. stops are required.See Note 7. Curb cuts For SFD use: Maximum one per designated building site abutting the street. For non- Other Number regulations SFD uses: Maximum one per 50-ft.segment of street line.See Note 5. apply; see,e.g.Article 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)served. Chapter 70 of of street line 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 in plants and Article 2 other things require 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 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. 31 Note 6. 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 7.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. Table 76-5b:Certain General Rule:Every structure must 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 Structures rules noted in table.(2)See Article 9 regarding Planned Development Districts. Item Regulation TH GR-1 GR-2 Swimming Maximum pools number per See Note 1. N/A building site All structures See Note 2 Height, 25 feet.But see"Buildings"table for certain building height limits. See,also, maximum Article 8 Note 1. Swimming Pools in TH Districts.The ZBA may issue a special exception for 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. Swimming pools must comply with the swimming pool regulations in the SF Districts, but may serve commonly-platted or restricted sites. Note 2. 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. 32 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 Schedules Dimensions 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. sq.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 Area, 2,000 2,000 2,000 minimum sq.ft. sq.ft. sq.ft. per DU per DU per DU Note 1. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet of total area,if the building site:(i)was improved with a principal building in existence on the 1987 effective date or for any period of twenty consecutive years prior to the 1987 effective date, under circumstances where there was no additional land used for the building site,and(ii)was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments, or as specifically allowed by Article 5. Note 2. 4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the city council or the Z&PC,(ii)has not been made smaller thereafter for any reason. Note 3. Certain Re-Subdivisions After October 24, 1987. A subdivided lot in 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 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). 33 General Rule: This schedule describes certain structures which are allowed to "project" into yards (or setbacks). It also provides special rules for calculating Table 76 7.Projections Schedule open and pervious areas affected by such structures. See the "Yards (or 'setbacks')"and the"Open&Pervious Areas"tables. Maximum Allowed Projection (In Inches), Measured from Special Rules For Type of Structure Calculating Open The Inside Edge of The Yard &Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Items above ground level:Eaves, cornices,roof 24"except extensions, that no "greenhouse"and item below bay windows(no the eave 15"See 15"See The area does floor space),window 15"See may be Notes 1.1 Notes 1.1 not count as sills,cantilevered Note 1.1. closer than building space, and 13 36"to the and 13. open area. window boxes,belt SPL.See courses,window air Notes 1.1 conditioners and and 13. similar parts of buildings. 12"except Items at and above that no ground level: item below Chimneys/fireplaces the eave The area does Buildings and 15"See 15"See (with cross-sectional may be not count as Attached areas of 8 square 15" Notes 1.1 closer than Notes 1.1 either open or 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. 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 floor 120"See 0 See Notes 0.See Notes 0.See Notes not count as level. Note 1.1. 1.1 and 13. 1.1 and 13. 1.1 and 13. either open or pervious area. 34 Items near ground level:porches, The area counts platforms and decks as open area. higher than six No limit. The area beneath inches but not 120"See See Note 0 See Note No limit a deck may count higher than 14 Note 1.1. 1 1 13. as pervious area inches,and similar if rain is allowed structures attached to pass through the deck. to buildings Other parts of 0,but see 0,but see 0,but see 0,but see The area does buildings and Notes 3 and Note 3.See not count as structures attached Note 2.See Note 5.See 4.See Notes Notes 1.1 either open or to buildings. Note 1.1. Note 13. 1.1 and 13. and 13. pervious area. The area counts Sidewalks,patios, as open area but porches/platforms/d not as pervious ecks,retaining walls, area unless the driveways,parking material is No limit, areas and similar except that completely Ground level and structures not decks may pervious to underground higher than six No limit No limit No limit water.The area not project items inches;all beneath a deck underground more than may count as structures.See also 120 pervious area if Table rain is allowed to 78-3 regarding pass through the pervious pavement. deck.See Table 78-3. Air conditioning equipment,pool The area does equipment,and not count as similar freestanding 0 See Note 6. See Note 6. 0 either open or Mechanical mechanical pervious area. Equipment equipment The area may Utility meters and count as both related apparatus 0 No limit 15" 12" open area and pervious area. No limit The area may count as Basketball goals 120" No limit generally, No limit both open area but see and pervious Note 7. Certain Accessory area. Structures The area may Playground count as equipment 0 No limit 0 No limit both open area and pervious area. 35 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 open area. Swimming pools 0 Note 9 Note 9. No limit Only the water area counts as pervious area. No limit No limit No limit The area may Lights and generally, general) No limit y, generally, count as both generally,but lampposts but see but see but see open area and see Note 10. Note 10. Note 10. Note 10. pervious area. The area may Gate closers 24" No limit No limit No limit count as both open area and pervious area. The area does Signs(see Code of not count as No limit 0 0 0 Ordinances) either open or pervious area. Note 1.1.Projections in QMDS.See QMDS Schedule. Note 1.2. Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line(Example: the maximum projecting volume on a 521A-foot wide site would be 50 cubic feet x 52.5,or 2,625 cubic feet); (iii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens.(b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor.(c)Supporting vertical columns,if the total width of the outer faces of the columns does not exceed either 50%of the outside perimeter of the porch or 25% of the theoretical outside perimeter of a maximum-sized porch. The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum-sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited by the open area requirement for the front yard. The "outside perimeter" of a porch is the portion of the perimeter out in the front yard; it does not include the portion of the perimeter adjacent to a building or lying along the front setback line; (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard (Example:if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and (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. 36 Note 3.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line of the other building site), except for translucent(but not transparent), non-operable openings. (c) Space in any projecting building may only be used for single-family(detached)use.(d)A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10. Note 4. Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or gas transmission (not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility easement or drainage easement, unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the normal restrictions for rear yard projections do not apply(see notes above). Note 5.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets all of the following criteria: (a) No part of the building may be closer than three feet to the side property line. Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage(plus stairway and eaves).(c)Any projecting part must be at least seventy feet from the front street line. (d) Within ten feet of another building site in an SF District(whether on the side, rear or otherwise),the building may have no window, door or other opening above the ground floor (and facing the property line of the other building site).Exception:There may be translucent(but not transparent),non-operable openings. Note 6.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City,the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line)only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided,but it may be either solid or at least 50%solid (e.g., lattice).All other rules apply. Note 7.Basketball Goals. No part of the equipment may be closer than ten feet to any street line. Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by city ordinance(e.g.,provisions in Chapter 18 of the Code of Ordinances;provisions in PDD schedules for front fences). Also in the Code of Ordinances, there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences, certain"fence-like hedges"and other things in visibility areas (Chapter 82). In a QMDS low fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets. Note 8.2. Fence-like hedges. Fence-like hedges within the front yard (setback) of a building site containing no principal building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites. Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 9.Swimming Pools. Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Note 10.Lampposts. Maximum diameter of projecting posts is six inches;maximum height is eight feet. 37 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 (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,there may be fences in the front yard, but not higher than seven feet and not closer than five feet to the front street line. More permissive provisions elsewhere may also apply. Note 13. Old Stock Housing. The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the ZBA determines: (i) the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%0 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. 38 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 as 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-7,the"Projections Schedule." 39 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 special rules noted in table.The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Specific Use C TCC Category Single-family Residential X (detached Single-family X X (attached) Other residential X X Public and Park,playground,or community center Semi- A See Notes 2 and 3 X Public (public),school(public), place of worship Private green space School(other) SE See Note 2 X See Note 4 Utility or service use. A See Article 8. PWSF use. A or SE See PWSF Schedule. Commercial See Article 8 regarding certain Light commercial A See Note 6 A See Notes 5 and 6 sexually oriented businesses. • Medium SE X commercial All other uses X X Note 1. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other similar uses that are predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized by a special exception,the only structures allowed are fences,playground equipment and landscaping structures(e.g., low,retaining walls,borders,etc.).The ZBA may issue a special exception to authorize other structures.The special exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the site plan controls over any other ordinance to the contrary. However, the site plan may not specify yards (or "setbacks") different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary for efficient use of the available space and (ii) compatible with nearby sites and their uses. The special exception may allow accessory structures without a principal building. Note 2. Accessory Uses and Structures. In the indicated districts, the ZBA may issue a special exception to authorize additional uses and structures,if the ZBA finds and determines that each additional use and structure is:(i)accessory to a lawful primary use and(ii)compatible with nearby sites and their uses.The special exception may include a site plan identifying and limiting such uses and structures. Note 3. Park, Playground, Etc. In the C District, a park, playground or community center may be privately or publicly owned. Note 4. 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 5. 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. 40 Note 6. Hours of operation. In the C, TCC and PDD-Cl 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. 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 Distance from 30 ft. 10 ft. Front yard front street line. See Note 3 See Note 4 Distance from 5 ft. Interior side yard side property line See Note 2 (each side). Street side yard Distance from 15 ft. See Note 4 side street line. Distance from Rear yard rear property 5 ft.See Note 1 25 ft.See Note 4 line. Distance from SF Bufferyard nearest part of 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. Note 2. Common Walls. In the C district,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. Note 3. 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 4. Yards in TCC. In TCC,the front street line is designated as the common boundary of the building site and the Edloe Street street area. For building sites with a side street along Rice Boulevard,the side yard shall be zero feet. For building sites with a side street line along University Boulevard,the side yard shall be five feet.The rear yard may be reduced by any future reduction in the width of the utility easement along the Poor Farm Ditch. 41 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. Entire building site,minimum 15% percentage. Front yard, Pervious area minimum N/A percentage. Entire building site,minimum 15% 10% percentage. Landscaping Required.See Notes 1 and 3. strips Qualified trees 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 2. Each parking area containing 21 or more parking spaces must contain interior Parking areas, pervious areas in"island"or"peninsula" N/A interior configurations aggregating in area at least two square feet for each parking space. Note 1. Landscaping Strips. Vegetated pervious areas required as follows: (a) minimum five feet wide adjacent to each street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not required along alleys or where they must be crossed by sidewalks or driveways. Strips along street areas must have live, evergreen shrubs (maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of Ordinances(maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or trees, upon a showing that(i)the spacing is allowed by standard urban forestry criteria for the particular species and location and (ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular landscaping will,in all probability,be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property. Note 2. 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 3. Visual Buffer Zone. In TCC, along the east edge of each property a landscaped buffer zone shall be established consisting of trees,shrubs,and other durable vegetation adequate to minimize the transmittal of light and provide a visual buffer between a use in TCC and adjacent SF district properties. Evergreen shrubs shall be planted to form a continuous hedge with no gaps.Shrubs shall be hardy species that will withstand freezing temperatures.The plants shall be at least 18 inches in height as measured from the surrounding soil line and shall have a maximum 18 inch width at the widest portion when planted.Shrubs shall be capable of growth to not less than 48 inches in height when measured from the surrounding soil line and shall form a continuous hedge within three annual growing seasons.Shrubs shall be maintained at a height that does not interfere with overhead utility lines.Trees planted in the buffer zone shall not interfere with overhead utility lines. 42 General Rule:Every building site,garage space and related structure must Table 7C-4a:Garage space conform to the applicable regulations shown,by District,in this table. Areas ("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts. (3)See Note 1 regarding special exceptions. Item Regulation C Garage space,in Garage parking spaces. general See Article 10 Minimum 2.0 per DU;each must be enclosed. Minimum garage parking space dimensions 12 ft.wide,25 ft.deep(for each required garage parking space). Garage door or Maneuvering area See Article 10 openings 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. 43 Table 7C-4b:Buildings General Rule: Every structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table. 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 horizontal N/A any building dimension Exterior materials, Type Must be of equal grade and quality,all sides.See Section 8-104 any building. A four-hour fire wall,or its equivalent, Separation of DUs Fire-rated wall must separate adjoining dwelling N/A units.See Note 2. SF privacy protection N/A Accessory Maximum number buildings N/A g per building site See Article 10 regarding garage Height,maximum 35 ft.See Note 1. 35 ft.See Notes 4 and 5. space. Stories,maximum N/A Two Principal buildings Height,maximum 35 ft.See Note 1. 35 ft.See Notes 4 and 5. See Article 10 regarding garage Minimum gross space. floor area 1,400 sq.ft. Width,minimum N/A Height and screening of rooftop See Note 3 Applies mechanical equipment Note 1. 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 2. Building Code. Separation requirements are in addition to other requirements of building codes and other ordinances.See Code of Ordinances. Note 3. Rooftop Mechanical Equipment. In the C and TCC districts, any rooftop mechanical equipment,whether new or replacement equipment, shall be accommodated within the maximum building height limit and shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building. This may include use of sloped roofs, a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted, provided that all such building features comply with and do not project above the maximum building height limit. Note 4. 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 44 rooftop mechanical equipment,whether new or replacement,shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building.This may include use of sloped roofs, a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such building features comply with and do not project above the maximum building height limit. Note 5.Street Level Orientation in TCC.In TCC,the first floor of all buildings shall be at grade level.Elevated structures with open areas or parking below the second floor are not permitted. 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 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 areas;Other Number,location, (including maneuvering areas,design requirements,"same site"rule,yards, size,design 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. Use of parking areas Parking spaces for non-SFD uses may only be used for motor vehicle parking. See Note 3. Emergency Minimum width.See 20 ft,via public or private street,to each principal building and each DU(or to accessway Note 1. an adjacent open area accessible to firefighters and equipment).Other regulations also apply,e.g,fire code. Minimum width.See For SFD use:nine ft.For non-SFD residential use:10 feet,or 17 feet if two- Note 1. way and serving three or more DU's. For SFD use:(i)Driveway serving any single-bay garage: 12 feet.(ii)Driveway Maximum width(in in a front yard serving rear garage or side-facing garage: 12 feet.(iii)Driveway front yard or street in side street area of a corner site serving a side-facing garage with three or Driveways and area) more bays:30 feet;(iv)Any other driveway:20 feet. For other residential private streets See Note 1 uses:24 ft.(or 35 feet if connecting to a major thoroughfare).For all other Other regulations uses:30 feet(or 35 feet if connecting to a major thoroughfare). apply;see,e.g. For non-SFD uses: 160 feet,driving distance to the nearest street area, Article 10 measured along centerline from farthest end point.A longer driveway is Maximum length 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 N/A Spacing For non-SFD uses:There must be at least 40 feet between the"inside"apron edges(at their narrowest points)of driveways serving the same building site. For SFD use:Hard-surfaced or pervious pavement required for each required Required type driveway and parking space;twin"ribbons"of pavement are permitted.For Pavement all other uses: Reinforced concrete,with curbs and drains required for all See Note 4. vehicular areas.Exceptions:(i)See Table 7C-3(pervious pavement)and Note 4,below.(ii)See Article 10 regarding"overhang." Markings;wheel Required type For non-SFD uses:Parking spaces must be clearly marked on the pavement, stops. and wheel stops are required.See Note 8. 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. 45 apply;see,e.g. Article 10 and Max.width per 50-ft. Four feet(for aprons)plus the maximum driveway width allowed.Each curb Chapter 70 of the segment of street cut must be confined to the part of the street area that directly abuts the Code of line building site(s)served.See Note 1. Ordinances. Visibility triangles Forbidden structures, The following are forbidden on parts of a building site within a visibility See definitions in plants and other triangle:structures,plants or other things taller than 2.0 ft.or shorter than Article 2 things 8.0 ft.This does not require removal of trees in existence on July 1,1992,if kept pruned. Note 1.Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for non- SFD use,pavement.Maximum driveway width refers to maximum width of pavement in a front yard or street area, excluding complying curb cut aprons. Maximum curb cut width refers to the width of the driveway plus aprons, measured at the edge of the roadway. Note 2.Grouped or shared parking.Article 10 also provides for a special exception,in certain circumstances. Note 3. Parking exclusivity(non-5FD uses). Required parking spaces must be kept open, readily accessible and used for parking only,with no sales,dead storage,display,repair work,dismantling or servicing of any kind.Required guest parking spaces must be kept open and reserved for that use only. Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to water runoff. Note 5. Curb cuts.The ZBA may issue a special exception for additional curb cuts. Exception:The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances.These additional curb cuts are not prohibited and do not require a special exception. Note 6.Route;Alternating Driveways.Each driveway must connect garage space to the street by the most direct route.On narrow sites where alternate side yard areas apply(see"Yards"table),the following special restrictions also apply: (A)there must be a driveway located as nearly as practicable to one side of the site;(B)the side is determined in accordance with the established driveway pattern for the block face in question,if there is such a pattern;and(C)if there is no such pattern,and if there is an adjacent driveway on one adjoining building site but not the other,the driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City,and(ii)a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway (or other maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that: (i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations. Note 8.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. 46 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 table.(3)See Article 9 regarding Planned Development Districts. Item Regulation C Swimming pools Maximum number N/A per building site All structures See Note 2 Height,maximum 35 ft.See Note 1. See,also,Article 8 Note 1. 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 2. 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. 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 Width, (before October 24,1987) 75 ft. See Notes 1 and 2. minimum Depth, 100 ft. minimum Area, 7,500 minimum sq.ft. New building sites Width, 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 S. 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. 47 General Rule:This schedule describes certain structures which are allowed to "project"into yards(or setbacks).It also provides special rules for calculating Table 7C-7:Projections Schedule 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 24extensions, that no "greenhouse"and item below bay windows(no the eave The area does floor space),window 1S„ 15"See may be 15"See Note not count as sills,cantilevered Note 12. closer than 12. open area. building space, 36window boxes,belt SPL to the courses,window air PL.See conditioners and Note 12. similar parts of buildings. 12" Items at and above except that no ground level: item below Chimneys/fireplaces The area does Buildings and the eave (with cross-sectional 15" 15"See maybe 15"See Note not count as Attached areas of 8 square Note 12. closer than 12. either open or Structures feet or less) pervious area. 36and similar parts of SPLto the PL.See buildings. Note 12. The area does not count as Porches/platforms/d either open or ecks higher than 14 pervious area. 0,but see 0,see Note 0 See Note The area beneath inches,and similar 0 See Note 12 structures attached Note 12 12. 12 a deck may count to a building. as pervious area if rain is allowed to pass through the deck. Steps not higher The area does than the first floor 120" 0,see Note 0,see Note 0.See Note not count as level. 12 12. 12 either open or pervious area. 48 Items near ground level:porches, The area counts platforms and decks as open area. higher than six The area beneath inches but not 120" No limit. 0 See Note No limit a deck may count higher than 14 12. 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 The area does buildings and 0,but see Notes 3 and 0,but see 0,but see not count as structures attached Note 2. 4.See Note Nate 5.See Note 3.See either open or to buildings. 12. Note 12. also Note 12 pervious area. The area counts Sidewalks,patios, as open area but porches/platforms/d not as pervious ecks,retaining walls, area unless the material is driveways,parking No limit, completely Ground level and areas and similar except that pervious to underground structures not decks may No limit No limit No limit water.The area items higher than six not project beneath a deck inches;all more than underground 120" may count as structures.See also pervious area if Table 7C-3 regarding rain is allowed to pervious pavement. pass through the deck.See Table 7C-3. Air conditioning equipment,pool The area does equipment,and not count as similar freestanding 0 See Note 6. See Note 6. 0 either open or Mechanical mechanical pervious area. Equipment equipment The area may Utility meters and count as both 0 No limit 15" 12" related apparatus open area and pervious area. No limit The area may Basketball goals 120" No limit generally, No limit count as both but see open area and Note 7. pervious area. The area may Certain Accessory Playground count as both 0 No limit 0 No limit Structures equipment open area and pervious area. The area may count as Flagpoles 120" 0 0 0 both open area and pervious area. 49 0,but see No limit, The area does Fences Notes 8.1, No limit but see No limit not count as Notes 8.1, either open or 8.2. 8.2 and 11. pervious area. The area counts 0,but see 0,but see as open area. Swimming pools 0 No limit Only the water Note 9 Note 9. area counts as pervious area. No limit No limit No limit The area may Lights and generally, general) No limit y, generally, count as both generally,but lampposts but see but see but see open area and see Note 10. Note 10. Note 10. Note 10. pervious area. The area may Gate closers 24" No limit No limit No limit count as both open area and pervious area. The area does Signs(see Code of not count as No limit 0 0 0 Ordinances) either open or pervious area. Note 1. Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line (Example:the maximum projecting volume on a 52%-foot wide site would be 50 cubic feet x 52.5,or 2,625 cubic feet); (iii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens. (b) A solid or partially open safety rail not higher than 3.5 feet above the porch floor. (c) Supporting vertical columns,if the total width of the outer faces of the columns does not exceed either 50% of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized porch. The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum- sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited by the open area requirement for the front yard.The"outside perimeter"of a porch is the portion of the perimeter out in the front yard; it does not include the portion of the perimeter adjacent to a building or lying along the front setback line; (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example: if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and (v) No projecting balcony or enclosed, habitable space shall be constructed or placed above the ceiling of a projected porch. Note 2. Gas Pipeline Sites.A principal building may project into the front yard if: (a)the building site includes land in the rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a gas transmission (not distribution) pipeline; (b) no part of the principal building,except items that are otherwise allowed to project into front setback areas, is within twenty feet of the front street line; and (c)The entrance to garage space is not closer than thirty feet to the front street line. Note 3. Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line 50 of the other building site), except for translucent (but not transparent), non-operable openings. (c) Space in any projecting building may only be used for single-family(detached)use.(d)A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10. Note 4.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or gas transmission (not distribution) pipeline purposes;(b)the building does not occupy any area subject to a utility easement or drainage easement, unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the normal restrictions for rear yard projections do not apply(see notes above). Note 5.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets all of the following criteria: (a) No part of the building may be closer than three feet to the side property line. Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage(plus stairway and eaves).(c)Any projecting part must be at least seventy feet from the front street line. (d) Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),the building may have no window, door or other opening above the ground floor (and facing the property line of the other building site).Exception:There may be translucent(but not transparent),non-operable openings. Note 6.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City,the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line)only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided,but it may be either solid or at least 50%solid (e.g., lattice).All other rules apply. Note 7.Basketball Goals.No part of the equipment may be closer than ten feet to any street line. Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by city ordinance(e.g.,provisions in Chapter 18 of the Code of Ordinances; provisions in PDD schedules for front fences). Also in the Code of Ordinances,there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences,certain"fence-like hedges"and other things in visibility areas(Chapter 82). Note 8.2. Fence-like hedges. Fence-like hedges within the front yard (setback) of a building site containing no principal building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites. Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 9.Swimming Pools. Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Note 10.Lampposts.Maximum diameter of projecting posts is six inches;maximum height is eight feet. 51 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 (Rotated Corner Overlay District), except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 12. Old Stock Housing. The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the ZBA determines: (i) the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200% of the gross floor area of all the buildings on the site when the principal building was built, before 1980);and(ii)there will be no substantial adverse impact upon nearby properties. 52 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 as 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 set out 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-7,the"Projections Schedule." 53 General Rule:Within each District:uses marked"A"are allowed,uses marked "SE"are allowed only to the extent authorized by a special exception(see Note 3),and uses Table 7D-1:Uses marked "X"are prohibited.Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2)See special rules noted in table.The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Specific Use POD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- Category SF1 SF2 TH1 TH2 TH4 TH5 TH7 CI Single-family Residential A See Notes 1 and 7 A (detached) A See Single-family X See (attached) Note 8 A See Note 1 Notes 1 A See Note 1 X _ and 7 Other residential X X X I X X X I X X Park,playground, Public and or community A See center(public), A See Notes 1 and 3 Notes 3 Semi Public school(public), and4 place of worship Private green See Notes 1 and 2 space School(other)See X X X X X X X X See Note 9 _ Note 3 Utility or service A See Note 1 use.See Art.8. PWSF use. A or SE See PWSF Schedule.See Note 1 Commercial See Article 8 regarding See See certain Light commercial X Note 5 X X X X X Notes 6 sexually and 10 oriented businesses. Medium See X X X X X X X commercial _ Note 5 All other uses X X X X X X X X Note 1. High-density occupancies in SF District.High-density occupancies are allowed in SF Districts only to the extent authorized by a special exception.The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is(i)accessory to a lawful primary use and(ii)reasonably compatible with nearby sites and their uses(in addition to any other findings and determinations required for a special exception).Note:A previously-issued special exception that authorized a use with a high-density occupancy is sufficient to comply with this note. Note 2. Private Green Space.Vineyards,gardens,landscaping,private playgrounds and other similar uses that are predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized by a special exception,the only structures allowed are fences,playground equipment and landscaping structures (e.g.,low, retaining walls,borders,etc.).The ZBA may issue a special exception to authorize other structures.The special exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the site plan controls over any other ordinance to the contrary. However,the site plan may not specify yards(or "setbacks")different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary for efficient use of the available space and(ii)compatible with nearby sites and their uses.The special exception may allow accessory structures without a principal building. 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. 54 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-Cl is light office use,meaning offices for conducting real estate,insurance and other similar businesses and the offices of the architectural,clerical, engineering,legal,dental,medical and other established and recognized professions,in which only such personnel are employed as are customarily required for the practice of such business or profession. Note 7. Garden-style use in PDD-TH4."Garden-style"single family detached use is allowed in PDD-TH4 if authorized by a site plan meeting the requirements of Ordinance No.1560,adopted October 12,1998,which is continued in effect for the original site plan and for amendments and replacements of that plan.Such a site plan,after approval by ordinance in accordance with Article 14,controls over any provision elsewhere in this ordinance. Note 8. Attached dwellings in PDD-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-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. Note 10. Hours of operation.In the C,TCC and PDD-Cl 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. 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 District,in this table.("N/A"means the rule does not apply.) (or'setbacks') 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. 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. depth is more than 110 feet 10 ft. Front yard front street (Mercer (Bellaire but not more than 125 feet; See Note 7. line. Street) Blvd.) 30 feet if the building site depth is more than 125 feet.See Note 5. Distance from 20 ft. Greater of 10%of building 5 ft. Interior side property (south side yard line(each site width or 5 feet.See See Notes 4.1 and 4.2. property N/A side). Note 2. See Note 7. line) Street Distance from Greater of 10%of building 10 ft. See ' side yard side street site width or 5 ft.See Notes 10 ft.See Note 7. (Bissonnet) Note 8. line. 2,6. • 55 Distance from 20 ft. 10 ft. 5 ft. Rear yard rear property 20 ft.See Note 1. See See 20 ft. (west See line. Note 1. Note 1. See Note 1. property Note 8. line) Distance from SF nearest part 20 ft. 10 ft. 20 ft. See Bufferyard of an SF N/A See See See Note 7. NSA Note 8. Note 7. Note 7. 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 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 yard. Note 2.Narrow Site"3/7"Exception.Alternate side yard areas apply to a building site meeting all four of the following criteria:(A)The building site is less than 55 feet wide.(B)The use is single-family(detached)use.(C)Outside the rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a"prior building" on another building site(unless there are"prior buildings"on both sides,each within seven feet of the property line,in which case the minimum separation from a"prior building"is eight feet).A"prior building"is a building in existence,under construction or covered by a current building permit when a building permit is issued for the subsequent building.(D)The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria:(1)Minimum setback,interior:3 feet.(2) Minimum setback,street side:5 feet.(3)Minimum setbacks,both sides combined:greater of 10 feet or 20%of the building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7D-5a regarding"alternating driveway"rule. Note 3.Common Walls.In all PDD-TH districts,the ZBA may issue a special exception for a zero-width side yard,but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls(in either case with a four-hour fire rating or better)along the property line.See,also,Note 7,below,for QMDS. Note 4.Common Walls in New Townhouse Construction.In all PDD-TH districts,where new townhouses are concurrently constructed on two or more abutting building sites along a block face,zero-width side yards are allowed by right wherever a common wall or continuously abutting separate walls will be constructed and maintained(in either case with a four-hour fire rating or better)along the property line.On each building site that contains the end townhouse in a row of attached townhouses on abutting sites,the interior side yard requirement,or the street side yard requirement for a corner site,shall apply along the side property line where a common wall or continuously abutting separate walls will not be constructed.See,also,Note 7,below,for QMDS. Note 5.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a major thoroughfare,if the front yard prescribed is at least 10 feet deep,and if the special exception requires the greatest practicable amount of pervious area in the front yard. Note 6.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See Article 8. Note 7. Yards In QMDS. In a QMDS,yards are only required around the perimeter of the subdivision and are designated by the subdivision plat.See definition of QMDS.Standard projections into QMDS yards are allowed per the Projections Schedule.In addition: (a) Front yard: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. (b) 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. 56 Note 8. Yards in PDD-Cl. In PDD-C1,the yards and street lines are as follows,notwithstanding other provisions of this ordinance:(i)The rear yard is the area within 20 feet of the rear property line(the line farthest from Bellaire Blvd.) of any building site,and for this purpose,the said rear property line shall be not in excess of 120 feet from the north right-of-way line of Bellaire Blvd. Exception:The rear yard upon Lot 2,Block 35,Colonial Terrace Addition (also known as the south 140 feet of Tract 9,Cambridge Place)is the area within 40 feet of the rear property line of said lot,said rear property line being located 140 north of the north right-of-way line of Bellaire Blvd.(ii)The street side yard is the area within ten feet of any side street line where the street area is 50 feet or less in width,or within five feet of any side street line where the street area is more than 50,but less than 70,feet wide.(iii)The front yard is the area within five feet of the front street line(which is the common boundary with Bellaire Boulevard).Any area outside of a building line established by ordinance or by recorded plat is considered part of the corresponding yard. General Rule:Every building site must have the minimum open and pervious areas shown,by Table 7D-3:Open& District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See Pervious Areas PDD Schedules for planned development districts.(2)See special rules noted in table.(3)See the Projections Schedule for details about calculating open and pervious areas. Item Measurement PDD-SF1 I PDD-SF2 PDD-TH1 I PDD-TH2 ( PDD-TH4 I PDD-TH5 I PDD-TH7 PDD-Cl Open Front yard, minimum 60%. N/A N/A area percentage. Rear yard, minimum percentage. 60%.See Note 1. N/A N/A See Note 6. _ Entire building site, 45% minimum 25% N/A 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 tree in the front yard or in the adjacent street area. For all other uses,each qualified tree Qualified 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, additional or better pervious area may be required to comply with Chapter 82. Pervious In a QMDS only,pervious pavement is allowed to be used for all vehicular areas,and part of it pavement may count as pervious area.See Note 4. Each parking area containing 21 or more parking spaces must contain interior pervious areas in Parking "island"or"peninsula"configurations aggregating in area at least two square feet for each areas,interior parking space. Note 1.Rear Yard Adjacent to Non-SF.The ZBA may issue a special exception to reduce the requirement for open area in a rear yard in a SF District to not less than 40%,if the rear yard abuts a non-SF District. Note 2.Pervious Area in QMDS.Front yard minimum pervious area requirement in a QMDS is 40%.,or 30%for a front yard in a QMDS"low-impact motor court." Note 3.Landscaping Strips.Vegetated pervious areas required as follows:(a)minimum five feet wide adjacent to each street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not required along alleys or where they must be crossed by sidewalks or driveways.Strips along street areas must have live,evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of 57 Ordinances(maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or trees,upon a showing that(i)the spacing is allowed by standard urban forestry criteria for the particular species and location and(ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular landscaping will,in all probability,be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property. Note 4.Pervious Pavement.In a QMDS,the area of the holes or gaps(if actually pervious)counts toward pervious area requirements(but no more than 30%out of any area with pervious pavement may count). Note 5. Visual Buffer Zone.In TCC,along the east edge of each property a landscaped buffer zone shall be established consisting of trees,shrubs,and other durable vegetation adequate to minimize the transmittal of light and provide a visual buffer between a use in TCC and adjacent SF district properties.Evergreen shrubs shall be planted to form a continuous hedge with no gaps.Shrubs shall be hardy species that will withstand freezing temperatures.The plants shall be at least 18 inches in height as measured from the surrounding soil line and shall have a maximum 18 inch width at the widest portion when planted.Shrubs shall be capable of growth to not less than 48 inches in height when measured from the surrounding soil line and shall form a continuous hedge within three annual growing seasons.Shrubs shall be maintained at a height that does not interfere with overhead utility lines.Trees planted in the buffer zone shall not interfere with overhead utility lines. Note 6.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 landscape areas that receive rainwater and allow it to pass through or be absorbed. 58 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 7D-4a:Garage Space Areas means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts.(3)See Note 1 regarding special exceptions. Item Regulation PDD- PDD- PDD- PDD- POD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 C1 Minimum 2.0(1.0 per DU for old stock housing); each must be Garage space,in Garage parking enclosed or semi- general spaces.See Article enclosed and Minimum 2.0 per DU;must be enclosed. N/A 10 adjoin a driveway. Maximum 1.0 per 2,225 of building site area,not to exceed 4.0. 10 feet wide,20 Minimum garage feet deep(for parking space each required 10 feet wide,20 feet deep(for each required N/A dimensions garage parking garage parking space). space). Garage doors or openings Maneuvering area See Article 10 N/A 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 is set back Door or opening ten feet or more (May affect eligibility as QMDS.See definitions in facing side street N/A from the side Article 2) line street line,and(ii) there is only open area above the 59 driveway for 10 at least seven feet inward from the side street line, and(iii)any structure above the driveway(and within ten feet of the side street line)must be cantilevered or suspended from the building(no special posts or vertical supports being allowed). Max.600 sq.ft. Garage accessory Limit on 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. 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 table.(2)See Article 9 regarding Planned Development Districts. Item Regulation PDD- PDD- PDD- PDD- POD- POD- 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 8. one AQ building site 100%for all Framed area, Maximum dwelling area as a 100%. all buildings types other percentage 80% See 100%.See Note 4. N/A on a building than TH; site of building Note 4. 125%for TH. site area See Note 4. Length or Maximum width,any horizontal N/A 130 feet.See Note 3. N/A building dimension Exterior materials,any Type N/A Must be of equal grade and quality,all sides.See Section 8-104 building. Separation of Fire-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 9(PDD-TH7 only) SF privacy See Note 8. N/A Applies.See Note 7.See also Note 9(PDD-TH7 only) N/A protection Accessory Maximum buildings number per N/A 3 N/A See Article 10 building site 60 regarding Height, 25 ft. 35 ft.See garage space. maximum Note 2. Stories, 2 and one-half 3 N/A maximum Height, 35,25 in rear yard. Principal maximum,in See Notes 1 and 11 35.See Notes 1,6 and 11. 35 buildings feet Minimum gross floor 1,400 each DU 1,200 each DU 1,6001,300 area,square each DU feet Width,feet (min,), N/A 16,each DU N/A outside to outside Height and screening of rooftop See Note 10. N/A Applies mechanical equipment Note 1.Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above the roof.The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof. Note 2.Height In PDD-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. Note 3.Building Detail, PDD-TH District.To separate buildings,there must be open area at least five feet wide maintained so that firefighters with hoses could pass through. Note 4.Framed Area In QMDS.Allowed square footage for a given building site is calculated by multiplying the allowable percentage by(a)the building site's area plus(b)an allocated part of any common use areas in the same QMDS (e.g.,access easements,private streets,alleys,reserves,etc.that are not part of a building site).The allocated part is proportional to the building site's area divided by the area of all building sites in the same QMDS. Note 5.Building Code.Separation requirements are in addition to other requirements of building codes and other ordinances.See Code of Ordinances. Note 6.Certain Projecting Buildings.Special height rules apply to buildings projecting into yards.See Tables 7D-2 and 7D- 6. Note 7.SF privacy protection.On a building site where this applies,there may not be a direct sight line from any"third- floor viewpoint"to any point in an"SF privacy zone."A"third-floor viewpoint"is any viewpoint on a"third-floor area"at eye level(six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor is 18 feet or higher.The"SF privacy zone"includes every point:(i)within 100 feet of the third floor viewpoint in question,(ii)on a building site in an SF District,and(iii)below 20 feet in height.See Figure SFP. Note 8.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 9.Spacing of Dwelling Units in PDD-TH7.Except where dwelling units are separated by common walls,the minimum distance between dwelling units shall be as follows:(i) No part of any dwelling unit may be closer than five feet to another dwelling unit.(ii)No window may be closer than 50 feet to a facing window to living space in another dwelling unit.(iii)Neither eaves nor balconies may be closer than 40 feet to a facing window to living space in another dwelling unit. (iv)Neither windows to living space nor balconies may be closer than 20 feet to any facing wall of another dwelling unit. Note 10.Rooftop Mechanical Equipment. In the PDD-C1 district,any rooftop mechanical equipment,whether new or replacement equipment,shall be accommodated within the maximum building height limit and shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building.This may include use of sloped roofs,a low parapet wall or other architectural 61 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 11.Height of Flood Loss Structures.The roof height of existing flood loss structures that are being raised to meet floodplain regulations may exceed the existing roof height by an amount equal to the distance the structure is elevated.In no case may the maximum roof height exceed 39 feet and 27 feet in the rear yard setback. General Rule:Every building site,vehicular area and related structure must conform to the applicable regulations shown,by Table 7D-5a: District,in this table.("N&A"means the rule does not apply.) Parking,driveways,etc. Exceptions/Special Rules:(1)See special rules noted in table. (3) See Article 9 regarding Planned Development Districts.(3)See Note 7 regarding special exceptions.(4)See Article 10. Item Regulation PDD- POD- PDD- PDD- POD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 THS TH7 Cl Off-street parking spaces Depends on land use,layout,etc.See this Table, Table 7D-4a,and and parking areas Number,location,size, Article 10(including maneuvering areas,design requirements, Other regulations apply; design "same site"rule,yards,street areas,loading spaces,etc.). see,e.g.Article 10 Not allowed,except in a QMDS platted parking reserve serving Grouping or sharing. two or more DU's.But see Note 2. Parking spaces for non-SFD uses may only be used for motor Use of parking areas 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.g,fire code. For SFD use:nine ft. Minimum width For non-SFD residential use: 10 feet,or 17 feet if two-way and See Note 1. serving three or more DU's. For SFD use:(i)Driveway serving any single-bay garage:12 feet. (ii)Driveway in a front yard serving rear garage or side-facing Maximum width(in front garage:12 feet.(iii)Driveway in side street area of a corner site yard or street area) serving a side-facing garage with three or more bays:30 feet;(iv) See Note 1. Any other driveway:20 feet.For other residential uses:24 ft.(or Driveways and private 35 feet if connecting to a major thoroughfare).For all other uses: streets 30 feet(or 35 feet if connecting to a major thoroughfare). Other regulations apply; see,e.g.Article 10 For non-SFD uses:160 feet,driving distance to the nearest street area,measured along centerline from farthest end point.A longer Maximum length driveway is allowed if there is an approved turnaround or second means of egress,or if the driveway is platted as part of the common area in a QMDS. Route,location See Note 6 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." For non-SFD uses:Parking spaces must be clearly marked on the Markings;wheel stops. Required type pavement,and wheel stops are required.See Note 12. Curb cuts For SFD use:Maximum one per designated building site abutting Other regulations apply; Number the street. For non-SFD uses:Maximum one per 50-ft.segment of see,e.g.Article 10 and street line.See Note 5. 62 Chapter 70 of the Code of Max.width per 50 ft. Four feet(for aprons)plus the maximum driveway width allowed. Ordinances. segment of street line Each curb cut must be confined to the part of the street area that directly abuts the building site(s)served.See Note 1. Visibility triangles Forbidden structures, See Chapter 82 of the Code of Ordinances. plants and other things Note 1. Width measurement methods. Minimum driveway width refers to unobstructed vehicular access path and,for non-SFD use,pavement.Maximum driveway width refers to maximum width of pavement in a front yard or street area,excluding complying curb cut aprons.Maximum curb cut width refers to the width of the driveway plus aprons,measured at the edge of the roadway. Note 2.Grouped or shared parking.Article 10 also provides for a special exception,in certain circumstances. Note 3.Parking exclusivity(non-SFD uses). Required parking spaces must be kept open,readily accessible and used for parking only,with no sales,dead storage,display,repair work,dismantling or servicing of any kind.Required guest parking spaces must be kept open and reserved for that use only. Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to water runoff. Note 5.Curb cuts.The ZBA may issue a special exception for additional curb cuts. Exception:The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances.These additional curb cuts are not prohibited and do not require a special exception. Note 6.Route;Alternating Driveways.Each driveway must connect garage space to the street by the most direct route. On narrow sites where alternate side yard areas apply(see"Yards"table),the following special restrictions also apply:(A)there must be a driveway located as nearly as practicable to one side of the site;(B)the side is determined in accordance with the established driveway pattern for the block face in question,if there is such a pattern;and(C)if there is no such pattern,and if there is an adjacent driveway on one adjoining building site but not the other,the driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City,and(ii) a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway(or other maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that: (i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs;(ii)the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety considerations. Note 8.Curb Cuts in PDD-TH1.(i)If a building site abuts both Bellaire Boulevard and another street,then all vehicular access shall be from the other street,and no more than two curb cuts shall be allowed.However,in the case of the development of Lots 6,7,8,9 and the east ten feet of Lot 10,Block 1,Kent Place Addition,if Lot 6 is included in the same building site or in a joint development with the other lots,vehicular access shall be limited to one curb cut on Mercer Street.(ii)If a building site abuts only Bellaire Boulevard,vehicular access shall be limited to two curb cuts. Note 9.Curb Cuts in PDD-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.Area outside a curb-wheel stop counts toward minimum parking space dimensions if actually usable as"overhang"and not needed for maneuvering area. 63 General Rule:Everystructure must conform to the applicable regulations shown,byDistrict,in Table 7D-5b:Certain pp g Structures this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in table.(3)See Article 9 regarding Planned Development Districts. Item Regulation PDD-SF-1 I PDD-SF-2 PDD-TH1 I PDD-TH2 I PDD-TH4 I PDD-TH5 I PDD-TH7 I PDD-C1 Maximum Swimming number pools per One.See Note 1. See Note 2. building site All structures Height, 35 ft.See See Note 25 feet.But see"Buildings"table for certain building height limits. 3,also, maximum Note 3. Article 8 Note 1. Swimming Pools in TH Districts.The ZBA may issue a special exception for 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.Swimming pools must comply with the swimming pool regulations in the SF District,but may serve commonly-platted or restricted sites.See Note 1. Note 2. Height in PDD-CI District. In the PDD-Cl District,no part of any structure(except a fence)may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 3. 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. 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). Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- ItemSF-1 SF-2 TH1 TH2 TH4 TH5 TH7 C1 Old building sites Width, (before October 24,1987) 50 ft. N/A 50 ft. See Notes land 2. minimum Depth, 100 ft. N/A N/A minimum Area, 5,000 5,000 minimum sq.ft. 2,000 sq.ft.per DU sq.ft. • New building sites Width, (on or after October 24,1987) minimum 75 ft. N/A 50 ft. See Note 3. Depth, 110 ft. N/A N/A minimum Area, 8,250 5,000 minimum sq.ft. 2,000 sq.ft.per DU 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 64 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 (110)feet of depth if all applicable procedures under state law and the City's ordinances,rules and regulations are followed and one of the following three sets of circumstances is present:(A)All portions of the subdivided lots are added to adjoining subdivided lots.(8)The number of lots is not increased,and all resulting lots have:(i)a depth greater than or equal to the depth of the shallowest lot before the re-subdivision,and(ii)a width greater than or equal to the width of the narrowest lot before the re-subdivision;provided that no resulting lot is irregularly shaped (unless it was so shaped before the re-subdivision).(C)A portion of the subdivided lot is needed for City use or utility or service use. General Rule:This schedule describes certain structures which are allowed to Table 7D-7.Projections Schedule "project"into yards(or setbacks).It also provides special rules for calculating open and pervious areas affected by such structures.See the"Yards(or 'setbacks')"and the"Open&Pervious Areas"tables. Maximum Allowed Projection(In Inches), Measured from Special Rules For Type of Structure Calculating Open The Inside Edge of The Yard &Pervious Areas • Front Yard Rear Yard Side Yard SF Bufferyard Items above ground level:Eaves, cornices,roof 24"except extensions, that no "greenhouse"and item below bay windows(no the eave 15"See 15"See The area does floor space),window 15"See may be sills,cantilevered Note 1.1. Notes 1.1 Notes 1.1 not count as closer than building space, and 13 and 13. open area. 36"to the window boxes,belt SPL.See courses,window air Notes 1.1 Buildings and conditioners and and 13. Attached similar parts of Structures buildings. 12"except Items at and above that no ground level: item below Chimneys/fireplaces 15"See the eave 15"See The area does (with cross-sectional may be not count as areas of 8 square 15" Notes 1.1 Notes 1.1 closer than either open or feet or less) and 13. 36"to the and 13. pervious area. and similar parts of SPL.See buildings. Notes 1.1 and 13. 65 The area does not count as Porches/platforms/d either open or 0,but see pervious area. ecks higher than 14 Note 1.2. 0 See Notes 0 See Notes 0 See Notes The area beneath inches,and similar 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 floor 120"See 0 See Notes 0.See Notes 0.See Notes not count as level. Note 1.1. 1.1 and 13. 1.1 and 13. 1.1 and 13. either open or pervious area. Items near ground level:porches, The area counts platforms and decks as open area. higher than six No limit. The area beneath inches but not 120"See See Note 0 See Note No limit a deck may count higher than 14 Note 1.1. 1 1 13. as pervious area inches,and similar if rain is allowed structures attached to pass through the deck. to buildings Other parts of 0,but see 0,but see 0,but see 0,but see The area does buildings and Notes 3 and Note 3.See not count as Note 2.See Note 5.See structures attached 4.See Notes Notes 1.1 either open or Note 1.1. Note 13. to buildings. 1.1 and 13. and 13. pervious area. The area counts Sidewalks,patios, as open area but porches/platforms/d not as pervious ecks,retaining walls, area unless the driveways,parking No limit, material is areas and similar except that completely Ground level and structures not pervious to decks may underground higher than six No limit No limit No limit water.The area items inches;all not project beneath a deck more than underground 120" may count as structures.See also pervious area if Table rain is allowed to 7D-3 regarding pass through the pervious pavement. deck.See Table 7D-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 0 No limit 15" 12" related apparatus open area and pervious area. 66 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. 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 Fences Notes 8.1, No limit but see No limit not count as 8.2,and 12. Notes 8.1, either open or Certain Accessory 8.2 and 11. pervious area. Structures The area counts 0,but see 0,but see as open area. Swimming pools 0 No limit Only the water Note 9 Note 9. area counts as pervious area. No limit No limit No limit No limit The area may Lights and generally, generally, generally, count as both lampposts but see but see but see generally,but open area and Note 10. Note 10. Note 10. see Note 10. pervious area. The area may Gate closers 24" No limit No limit No limit count as both open area and pervious area. The area does Signs(see Code of not count as No limit 0 0 0 Ordinances) either open or pervious area. Note 1.1.Projections in QMDS.See QMDS Schedule. Note 1.2.Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line (Example:the maximum projecting volume on a 521A-foot wide site would be 50 cubic feet x 52.5,or 2,625 cubic feet); (iii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens. (b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor. (c) Supporting vertical columns,if the total width of the outer faces of the columns does not exceed either 50% of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized porch. The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum- sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited by the open area requirement for the front yard.The"outside perimeter"of a porch is the portion of the perimeter out in the front yard;it does not include the portion of the perimeter adjacent to a building or lying along the front setback line; 67 (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example: if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and (v) No projecting balcony or enclosed, habitable space shall be constructed or placed above the ceiling of a projected porch. Note 2. Gas Pipeline Sites.A principal building may project into the front yard if: (a)the building site includes land in the rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a gas transmission (not distribution) pipeline; (b) no part of the principal building, except items that are otherwise allowed to project into front setback areas, is within twenty feet of the front street line; and (c)The entrance to garage space is not closer than thirty feet to the front street line. Note 3.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line of the other building site), except for translucent (but not transparent), non-operable openings. (c) Space in any projecting building may only be used for single-family(detached)use.(d)A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10. Note 4.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or gas transmission (not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility easement or drainage easement, unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the normal restrictions for rear yard projections do not apply(see notes above). Note 5.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets all of the following criteria: (a) No part of the building may be closer than three feet to the side property line. Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage(plus stairway and eaves).(c)Any projecting part must be at least seventy feet from the front street line. (d) Within ten feet of another building site in an SF District(whether on the side, rear or otherwise),the building may have no window, door or other opening above the ground floor (and facing the property line of the other building sitej.Exception:There may be translucent(but not transparent),non-operable openings. Note 6.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City, the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line)only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided,but it may be either solid or at least 50%solid (e.g., lattice). All other rules apply. Note 7.Basketball Goals.No part of the equipment may be closer than ten feet to any street line. 68 Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by city ordinance (e.g.,provisions in Chapter 18 of the Code of Ordinances;provisions in PDD schedules for front fences). Also in the Code of Ordinances,there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences,certain"fence-like hedges"and other things in visibility areas(Chapter 82). In a QMDS low fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets. Note 8.2. Fence-like hedges. Fence-like hedges within the front yard (setback) of a building site containing no principal building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites. Visibility triangles and visibility areas, as defined by this ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 9.Swimming Pools.Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Note 10.Lampposts. Maximum diameter of projecting posts is six inches;maximum height is eight feet. Note 11.Rotated Corner Fences. Notwithstanding any other provision of this ordinance or any other ordinance,no fence is allowed in the side street yard of a rotated corner building site (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 fences in the front yard,but not higher than seven feet and not closer than five feet to the front street line.More permissive provisions elsewhere may also apply. Note 13. Old Stock Housing. The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the ZBA determines: (i) the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built, before 1980);and(ii)there will be no substantial adverse impact upon nearby properties." Section 5. Zoning Amendment — Article 8. Appendix A, Zoning Ordinance, is amended by amending "Section 8-102. Accessory Structures; use and density" of "Article 8. Additional Regulations" to read: "Section 8-102.Accessory structures; use and density. (a) Number.The number of non-building structures per building site is not generally restricted,but each one must be accessory to a lawful use of the building site. (b) Accessory Status.Any buildings in addition to the principal building on a building site must be accessory to the principal building and accessory to a lawful use of the principal building. But see,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 6. Zoning Amendment—Article 10. Appendix A, Zoning Ordinance, is amended by amending line item "SFD use" of Section 10-100. "Off-street parking"to read: Use of a type of space Minimum number of parkingspaces Yp p p SFD use. The number of garage parking spaces required by Article 7A plus one additional space 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-THS)per DU.See Note 1. 69 Section 7. Zoning Amendment—Article 10. Appendix A, Zoning Ordinance, is amended by amending"Note 1. Guest spaces" of Section 10-100. "Off-street parking"to read: ""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-THS),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." Section 8. Zoning Amendment—Article 10. Appendix A, Zoning Ordinance, is amended by amending subsection (e) "Other Criteria"of 10-102 "Accessory Structures; use and density" "(e) Other criteria.See Articles 7A, 7B,7C,and 7D for additional criteria,including driveway,parking and garage regulations." Section 9. Zoning Amendment—Article 10. Appendix A, Zoning Ordinance, is amended by amending subsection(c)"Certain Joint Use of Spaces" of Section 10-103 "Location of parking spaces" of Article 10 "Parking Areas, Driveways and Loading Areas"to read as follows: " (c)Certain Joint Use of Spaces.The ZBA may issue a special exception to allow up to 75 percent of the parking spaces required for any use or type of space to be used jointly for another use or type of space, if the ZBA finds that no increase in on-street parking is likely to result.See Tables 7A-5a,7B-5a,7C-5a,7D-5a." Section 10. Zoning Amendment—Article 11. Appendix A,Zoning Ordinance, is amended by amending subsection(a)"Pre-application briefing" of Section 11-101 "Procedures"to read: "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 briefing.The briefing must be open to the public and held within one mile of the site.At the briefing,the applicants must: (i)describe the proposed structures and uses,the application documents and the application process, (ii)describe the possible alternative locations and designs and state why they were rejected,(iii)solicit suggestions from persons at the meeting,and(iv) keep detailed written minutes showing the names and addressees of all persons notified,all attendees and a synopsis of the matters discussed." Section 11. Zoning Amendment—Article 12. Appendix A,Zoning Ordinance, is amended by amending subsections (d) and (e), Enlargement of building site and yard" and "Certain yard encroachments, of Section 12-102 "Acquiring PNC status"to read: "(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. 70 (e) Certain yard encroachments.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 the ZBA issues a special exception granting PNC status.The ZBA may only issue such a special exception if it makes all of the following special findings:(i)The encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials. Exception:This finding is not required if the encroachment commenced before 1970. (ii)The encroachment will not cause a substantial adverse effect on other persons. (iii)The encroachment does not create a significant health or safety risk." Section 12. Zoning Amendment—Article 12. Appendix A, Zoning Ordinance, is amended by amending subsection (h)"Building site dimensions"of Section 12-103 "Losing PNC Status"to read: "(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 Old Building Site Overlay District), PNC status is not lost as to any dimension unless it is brought into compliance.Any such non- compliant building sites may be improved by any construction, reconstruction,expansion or other project otherwise lawful." Section 13. Zoning Amendment—Article 15. Appendix A,Zoning Ordinance, is amended by amending subsection 4 "Height" of Section E "General Criteria& Regulations" of Figure SFP to read as follows: "4. Height. Regular height regulations apply.See Articles 7A,7B, 7C,and 7D 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." Section 14. Comprehensive Plan. City council finds that the Zoning Amendments are consistent with the City's comprehensive plan. Section 15. Penalty. A violation of this ordinance shall be a Class C misdemeanor, and the penalty for violating this ordinance shall be a fine not exceeding Two Thousand and No/100 Dollars ($2,000.00) for each offense. Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this ordinance and the Code of Ordinances shall not preclude the City from filing suit to enjoin the violation. Section 16. Savings/Repealing Provision.All ordinances and parts of ordinances in conflict with this ordinance are repealed to the extent of the conflict only. Section 17. Severability. If any provision of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 18. Effective Date. This ordinance takes effect immediately upon its passage and adoption on second reading and the publication of the caption, as required by the City Charter and state law. 71 PASSED, APPROVED AND ADOPTED ON FIRST READING on the_, day of , 2024. PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on the_ day of , 2024. Attest: Signed: City Secretary (Seal) Mayor Recommended: City Manager Approved as to form: Olson& Olson, LLP, City Attorney 72