HomeMy WebLinkAboutORD 3066 Amending Appendix A of Zoning Ordinance relating to Consolidation of Districts and Sports CourtsCity of West University Place
Harris County, Texas
ORDINANCE NO. 3066
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.
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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. Butsee, Tables 7A-1, 78-1, 7C-1, 7D-1, Note 2.
Suffer 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 78, 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, 713-7, 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 "LLMC ) 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),
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(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 LIMO 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, 78-7, 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, picklebal., 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
kine. 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."
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 PODS 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.
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(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.
Note 1. 4,500 Square Foot Exception. A structure maybe 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 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.
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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
Scheduies 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).
OB5OID
(Old
RCOD
Building
(Rotated
Item
Measurement
SF
Site
Corner
TH
GR -1
GR -2
C
Overlay
Overlay
District)
District)
Old building sites
50 ft.
100 ft.
before October
(before
oreminimum
Width,
50 ft.
75 ft.
50 ft.
N/A
See
See
75 ft.
24,1987)
Note 4
Nate 4
See Notes 1 and 2.
100 ft.
100 ft.
Depth,
100 ft.
105 ft.
100 ft.
N/A
See
See
100 ft.
minimum
Note 4
Note 4
2,000
5,000
40,000
Area,
5,000
7,875
5,000
sq'
sq. ft.
sq. ft.
7,500
minimum
sq. ft.
sq. ft.
sq. ft.
per DU
DU
See
See
sq. ft.
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
2,000ft.
5,000
minimum
sq. ft.
sq. ft.
sq. ft.
sq.
s ft.
q
s ft.
q'
sq. ft.
per DU
I per DU
I per DU
Note 1. 4,500 Square Foot Exception. A structure maybe 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 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.
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Table 5-1, cont.
General Rule: This table prescribes the minimum dimensions for building sites, by
District.(" D U" 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
PDR-
PDD-
PDR-
PDD-
PDD-
PDD-
PDD-
PDD-
SF1
SF2
TH1
TH2
TH4
TH5
TH7
C1
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
s0 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 understate 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)."
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 7A4a. 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.
Note 1. Nigh -density occupancies in SF District. Nigh -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 (fi) 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
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General Rule: Within each District, uses marked "A" are allowed as the primary use,
uses marked "SE" are allowed as the primary use to the extent authorized by special
Table 7A-1: Uses
exception, and uses marked "X" are prohibited. Exceptions/Special Rules: (1) See 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
(detached)
ASee Note 1
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 &
A See Note 1
PWSF use.
A or SF See PWSF Schedule. See Note 1.
All other uses
X
X
X
Note 1. Nigh -density occupancies in SF District. Nigh -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 (fi) 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
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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.
Note 1. Through Lots or Building Sites or Rear Through Lots or Building Sites. If a lot or build ng 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 iot 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
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General Rule: No part of any structure may be located within a part of a building site
included within a yard defined, by the District in this table. ("N/A" means the rule does not
Table 7A-2: Yards
apply) Exceptions/Special Rules: (1) Structures maybe located in yards to the extent allowed
by the Projections Schedule. (2) See special rules noted in the table. (3) See Article 7D for
for 'setbacks)
rules governing planned development districts. (4) See additional setbacks in the PWSF
Schedule.
OBSOD (Old Building Site
RCOD (Rotated Comer
Item
Measurement
SF (Single -Family)
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
Greater of 10% of the building site width or 5 feet. See Notes 2, 3, 5.
yard
side street line.
Distance from
Rear yard
the rear
20 ft. See Note 1.
property line.
Distance from
SF
the nearest part
N/A
N/A
N/A
Bufferyard
of an SF District.
Note 1. Through Lots or Building Sites or Rear Through Lots or Building Sites. If a lot or build ng 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 iot 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
4
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.
(0) 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
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
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.
OBSOD (Old Building Site
RCOD (Rotated Corner
Item
Measurement
SF (Single -Family)
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,
4596
minimum
percentage.
Front yard
Pervious
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 1.
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 complywith 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. 01dStock 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
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 firefighting and similar
needs; (ii) the other location or design w1il 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 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
5F (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
in general
See Article 10
or semi -enclosed and adjoin a driveway. Maximum 1.0 per 2,225 square feet of
building site area, not to exceed 4.0.
Minimum garage
parking space
Ten feet wide, 20 feet deep (for each required garage parking space).
dimensions
Garage door
Maneuvering area
See Article 10
or openings
Prohibited unless: (i) the garage door is set back ten feet or more from the front
Door or opening facing
yard, (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
side street line
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).
Garage
Limit on non -garage
accessory
Max. 600 sq. ft. GFA in any accessory building containing garage space.
buildings
space
Note 1. Special Exceptions. The ZBA may issue a special exception for a parking area, garage, or driveway in another location
or with a different design than prescribed by this table if it finds that (i) the other location or design will not
unreasonably interfere with available light and air and will not significantly alter access for firefighting and similar
needs; (ii) the other location or design w1il 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
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 2.5F 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
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.
OBSOD (Old Building Site
RCOD (Rotated Corner
Item
Regulation
SF (Single -Family)
Overlay District)
Overlay District)
Maximum
Dwelling
number per
One plus one accessory quarter (AQ)
units
building site
Framed area,
Maximum
all buildings
area as a
on a building
Percentage
80%
of building
site
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.
See Article 10
maximum
Minimum
regarding
gross floor
1,400 square feet, if used for residential purposes
garage
area
space.
Width,
N/A
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 2.5F 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.
1s
General Rule: Every building site, vehicular area, and related structure must conform to
the applicable regulations shown, by District, in this table. ("N/A" means the rule does
Table 7A-53:
not apply.) Exceptions/Special Rules: (1) See special rules noted in the table. (3) See
Parking, driveways, etc.
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
design
spaces, etc.).
regulations
apply: see, e.g.,
Article 10
Maneuvering
See Article 10
areas
Grouping or
Not allowed, except in a QMDS platted parking reserve serving two or more DU's But
sharing.
see Note 2.
Use of parking
Parking spaces for non-SFD uses may only be used for motor vehicle parking. See Note
areas
3.
Minimum
20 ft, via public or private street, to each principal building and each DU (or to an
Emergency
width. See
adjacent open area accessible to firefighters and equipment). Other regulations also
accessway
Note 1.
apply, I 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.
For SFD use: (i) Driveway serving any single -bay garage: 12 feet. (ii) Driveway in a front
Maximum
yard serving rear garage or side -facing garage 12 feet. (iii) Drivewa In the side street
width {in front
area of a corner site serving a side -facing garage with three or more bays: 30 feet; (iv)
Driveways and
yard or street
area}
Any other driveway: 20 feet. For other residential uses: 24 ft. (or 35 feet if connecting
private streets
See Note 1.
to a major thoroughfare).For all other uses: 30 feet or 35 feet if connectingto a
(
Other
major thoroughfare).
regulations
apply; see, e.g.,
For non-SFD uses: 160 feet, driving distance to the nearest street area, measured
Article 10
Maximum
along the centerline from the farthest end point. A longer driveway is allowed if there
length
is an approved turnaround or second means of egress or if the 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.
1s
Note I. 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 1. 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 cuts) 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
motorvehicles. (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
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(perviouspavement) and Note 4, below. d 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
Max. width per
Four feet (for aprons) plus the maximum driveway width allowed. Each curb cut must
10 and
50 -ft. segment
be confined to the part of the street area that directly abuts the building site(s)
Chapter 70 of
of street line
served. See Note 1.
the Code of
Ordinances.
Visibility
Forbidden
The following are forbidden on parts of a building site within a visibility triangle:
triangles
structures,
structures, plants or other things taller than 2.0 ft. or shorter than 8.0 ft. This does not
See definitions
plants and
require removal of trees in existence on July 1, 1992, if kept pruned.
in Article 1
other things
Note I. 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 1. 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 cuts) 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
motorvehicles. (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 ordnance 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.
Mite 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
inthistable, ("N/A" meansthe rule does not apply.) Exceptions/Special Rules: (1) Seespecial
Structures
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 perbuilding
Sport Courts
One. See Note 2.
site
Maximum
Practice
number per
One. See Note 3.
Enclosures
building site
All structures
See Note 5
Height,
25 feet. But see the "Buildings" table for certain building height limits.
See, also,
maximum
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 Courts 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 a rear yard setback area unless the rear property line of the proposed building site abuts only
the rear property line(s) of one or more adjacent building site(s), in which case a ten -foot (10') projection into
the rearyard setback area is permitted. In caseswhere the rear property line of proposed buildingsite is parallel
and contiguous with segments of both the rear property line and the side property line of two or more adjacent
building sites, no projection into the rear yard setback area is permitted. Additionally, no projection into the rear
yard setback area is permitted if the side property line of the building site where a sport court is proposed is
perpendicular to the side property line of any other adjacent building site*.
*See Note 4 and Figure 7A -5b.
Note 3. Practice Enclosures 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 a rear yard setback area unless the rear property line of the proposed building site abuts only
the rear property line(s) of one or more adjacent building site(s), in which case a ten -foot (10') projection into
the rear yard setback area is permitted. In cases where the rear property line of a proposed building site is parallel
and contiguous with segments of both the rear property line and the side property line of two or more adjacent
building sites, no projection into the rear yard setback area is permitted. Additionally, no projection into the rear
yard setback area is permitted if the side property line of the building site where a practice enclosure is proposed
is perpendicular to the side property line of any other adjacent building site*_
*See Note 4 and Figure 7A -5b.
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.
19
Street
Front Street -side
M N.E.
E -- Eligible for Sport Court 7
Practice Enclosure
Side
N.E. ■ Not Eligible F
CO Side
N.E. a
19
Rear
{f�
Side
L
w
�
A
Side
LL
E $'*
Side
Side
a
E
Side
�
at
s
Side
Side
U.
Side
EIx
3
Figure
7A4b: Example of Building She* Eligible
for Sport Court or Practice Enclosure.
19
Note 1. 4,500 Square Foot Exception. A structure maybe 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 inexistence 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 understate 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: fi) 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.
20
General Rule: This table prescribes the minimum dimensions for building sites by
Table 7A-6: Building Site
District. ("DU" means "dwelling unit.") Exceptions/Special Rules: (1) See PDD
Schedules for planned development districts. (2) See special notes in table. (3) The
Dimensions
Z&PC may establish different dimensions by approving a plan, plat, or replat (see
Article 5).
OBSOD
RCOD
item
Measurement
SF (Single -Family)
(Old Bulid ing 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 maybe 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 inexistence 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 understate 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: fi) 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.
20
21
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),
15" See
the eave
15" See Note
The area does
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 11
conditioners, and
similar parts of
buildings.
Items at and above
12" except
that no
ground level:
item below
Chimneys/fireplaces
The area does
Buildings andthe
(with cross-sectional
15" See
eave
15" See Note
not count as
Attached
areas of 8 square
15„
Note 11
may e
b
12
either open or
Structures
feet or less)
closer than
pervious area.
36" to the
and similar parts of
buildings.
SPL. See
Note 12
The area does
notcountas
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
Note 1
12
12
0 See Mote 11
a deck may count
structures attached
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
11
either open or
level.
pervious area.
21
22
Items near ground
The area counts
level: porches,
platforms, and decks
as an open area.
The area beneath
higher than six
h
See Note
a deck may count
inches but not
120"
No limit.
No limit
higher than 14
1 2.
1
as pervious area
if rain is allowed
inches, and similar
to pass through
structures attached
the deck.
to buildings
Other parts of
0, but see
The area does
0, but see
0, but see
buildings and
0, but see
Notes 3 and
Note 5. See
Note 3. See
not count as
structures attached
Note 2.
4. See Note
either open or
to buildings.
12
Note 12.
Note 12
pervious area.
The area counts
Sidewalks, patios,
as an open area
porches/platforms/d
but not a
ecks, retaining walls,
pervious one
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
water. The area
items
inches; all
not project
beneath a deck
underground
more than
structures. See also
120"
may count as a
pervious area if
Table
rain is allowed to
7A-3 regarding
pass through the
pervious pavement.
deck. See Table
7A-3.
Air conditioning
equipment, pool
The area does
equipment, and
0
See Note 6.
See Note 6.
0
not count as
similar freestanding
either open or
Mechanical
mechanical
pervious area.
Equipment
equipment
The area may
Utility meters and
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
but see
No limit
both open area
and pervious
Note 7.
area.
No limit
The area does
Certain Accessory
Structures
Book Sharing
generally,
not count as
Exchanges
but see
0
0
0
either open or
(1 per building site)
Note 13.
pervious area.
The area may
Playground
0
No limit
0
No limit
count as
equipment
both open area
22
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;
23
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
Fences
Notes
No limit
but see
No limit
not count as
Notes S. 1,
either open or
and 8.2.2
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
area but not
pervious area
Sport Courts (with
0
0, but see
0
No limit
(unless the area
associated screens)
Note 14
is made of grass,
sand, or an
equivalent
pervious
material).
The area counts
as open area but
not pervious area
(unless the area
Practice Enclosures
0
0, but see
0
No limit
is made of grass,
Note 14
sand, or an
equivalent
pervious
material).
No limit
No limit
No limit
The area may
Lights and
generally
generally
generally
No limit
count as both
generally but
lampposts
but see
but see
but see
open area and
see Note 10.pervious
Note 10.
Note 10.
Note 10.
area.
The area may
count as both
Gate closers
24"
No limit
No limit
No limit
open area and
pervious area.
The area does
Signs (see Code of
No limit
0
0
0
not count as
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;
23
(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 52Yz-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 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
parch.
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 orSF 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 rearyard 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
24
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 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 (it) 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
setback area unless the rear property line of the proposed building site abuts only the rear property line(s) of one
or more adjacent building site(s), in which case a ten -foot (10') projection into the rear yard setback area is
permitted. In caseswhere the rear property line of a proposed buildingsite is parallel and contiguous with segments
of both the rear property line and the side property line of two or more adjacent building sites, no projection into
the rear yard setback area is permitted. Additionally, no projection into the rear yard setback area is permitted if
the side property line of the building site where a sport court or practice enclosure is proposed is perpendicular to
the side property line of any other adjacent building site.
25
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 forthe district within which
it applies.
Section 76-101. 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."
Note 1. Nigh -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 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
26
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
Table 7134: Uses
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
A See Note 1
A
(attached)
Other residential
X
A
Park, playground,
Public and Semi-
or community
center (public),
A See Notes 1 and 3
Public
school (public),
place of worship
Private green
See Notes 1 and 2
space
Utility or service
A See Note 1
use. See Article S.
PWSF use.
A or SE See PWSF Schedule. See Note 1.
All other uses
X
X
X
Note 1. Nigh -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 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
26
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 76-2: 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 I Measurement I 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
10 ft. See Note 3.
yard side street line.
Distance from
Rear yard rear property 20 ft. See Note 3. 5 ft. See Note 3.
line.
SF j 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 wail or continuously abutting separate walls (in either case with a four-hour fire
rating or better) along the property line. See, Wso, Note 3, below, for QMDS.
Note 2. Common Walls in New Townhouse Construction. In al! 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 sJte, shall apply along the side property line where a common wall or continuously abutting
separate wal:.s 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 princ=pal 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 30 feet to the property line.
27
Note 1. Pervious Area in QMDS. Front yard minimum pervious area requirement in a QMDS is 409'x., or 30%f or 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 subdivisson 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 offic+.al 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).
28
General Rule: Every building site must have the minimum open and pervious areas shown, by
Table 78-3: 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.
Each parking area containing 21 or more parking spaces must contain interior pervious areas
Parking areas,
in "island" or "peninsula" configurations aggregating in area at least two square feet for each
interior
parking space.
Note 1. Pervious Area in QMDS. Front yard minimum pervious area requirement in a QMDS is 409'x., or 30%f or 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 subdivisson 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 offic+.al 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).
28
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 substantia: adverse impact upon
nearby properties.
29
General Rule: Every building site, garage space and related structure must
conform to the applicable regulations shown, by District, in the table. (`N/A"
Table 76-43: Garage Space Areas
means the rule does not apply.) Exceptions/Special Rules: 11j 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.
Minimum 2.0 per DU; each must be enclosed.
in general
See Article 10
Minimum garage
parking space
12 ft. wide, 25 ft. deep (for each required garage parking space).
dimensions
Garage door
Maneuvering area
See Article 10
or openings
Door r opening facing
(May affect eligibility as QMDS. See definitions in Article 2.)
front street line.
s
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
ry
space
buildings
29
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.
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.
llfote 2. Building Detail, TN, PDD -TN and GR Districts. To separate buildings, there must be open area at least five feet wide
maintained so that firefighters with (roses could pass through.
011
General Rule: Every structure must conform to the applicable regulations shown, by District,
Table 764b: 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
Dwelling
Maximum
number per
17.5 per acre. See Note 7
Two
24 per acre.
units
building site
Framed area,
Maximum
all buildings
area as a
onabuilding
percentage
100% See Note 3.
of building
site
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 S.
maximum
Principal
Height,
buildings
35 feet; 25 feet in rear yard. See Note 1, and Note 8.
See Article 10
maximum
regarding
Minimum
gross floor
1,200 sq. ft., each
750 sq. ft, each DU
garage
area
DU.
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.
llfote 2. Building Detail, TN, PDD -TN and GR Districts. To separate buildings, there must be open area at least five feet wide
maintained so that firefighters with (roses could pass through.
011
Nate 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 S. 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 78-2, 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.
31
General Rule: Every building site, vehicular area and related structure must conform to
the applicable regulations shown, by District, in this table. ("N/A" means the rule does
Table 78-5a:
not apply-) Exceptions/Special Rules: (1) See special rules noted in table. (3) See Article
Parking, driveways, etc.
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 78.40, and Article 10 (including
areas
location, size,
maneuvering areas, design requirements, "same site" rule, yards, street areas, loading
Other
design
spaces, etc.).
regulations
apply, see, e.g.
Article 10
Maneuvering
See Article 10
areas
Grouping or
Not allowed, except in a QMDS platted parking reserve serving two or more DU's. But
sharing.
see Note 2.
Use of parking
Parking spaces for non-SFD uses may only be used for motor vehicle parking. See Note
areas
3.
Minimum
20 ft, via public or private street, to each principal building and each DU (or to an
Emergency
width. See
adjacent open area accessible to firefighters and equipment). Other regulations also
accessway
Note 1.
apply, 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.
31
regulations
For SFD use: i Driveway serving an single -bay garage; 12 feet. ii Driveway in a front
(} y g y g y g g (' } y
a
apply; see, e.g.
Maximum
yard serving rear garage or side -facing garage: 12 feet. (iii) Driveway in side street area
Article
width (in front
of a corner site serving a side -facing garage with three or more bays: 30 feet; (iv) Any
yard or street
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
and parking space; twin 'ribbons" of pavement are permitted. For all other uses:
Pavement
Required type
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
For non-SFD uses: Parking spaces must be clearly marked on the pavement, and wheel
stops.
Required type
stops are required. See Note 7.
Curb cuts
For SFD use: Maximum one per designated building site abutting the street. For non -
Other
Number
SFD uses: Maximum one per 50 -ft. segment of street line. See Note 5.
regulations
apply:
see, e.g. Article
Max. width per
Four feet (for aprons) plus the maximum driveway width allowed. Each curb cut must
10ond
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
require removal of trees in existence on July 1, 1992, if kept pruned.
Article 2
other things
Note 1. Width measurement methods. Minimum driveway width refers to unobstructed vehicular access path and, for non-
SFD use, pavement. Maximum driveway width refers to maximum width of pavement in a front yard or street area,
excluding complying curb cut aprons. Maximum curb cut width refers to the width of the driveway plus aprons,
measured at the edge of the roadway.
Note 2. Grouped orshored parking. Article 10 also prov1des 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.
Notr4. Pavement. The administrative official may approve other pavement designs and materials if the pavement designs
and materia:s 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 addit;onal curb cuts. Exception: The Administrative OfficW
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.
32
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.
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.
33
General Rule: Every structure must conform to the applicable regulations shown, by District,
Table 7B -5b: Certain
in thistable. ("N/A" means the rule does notapply.) Exceptions/5pecialRules: (1) See special
Structures
rules noted in table. (2) See Article 9 regarding Planned Development Districts.
Item
Regulation
TH
GR -1
GR -2
Maximum
Swimming
number per
See Note 1
N/A
pools
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.
33
Note 1. 4,500 Square Foot Exception. A structure maybe located anon 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 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 14, 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 al! 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) -
Nate 5. Area in GR -1 and GR 1 Districts. Minimum area is 2,000 sq. ft. for single-family uses (attached or detached).
34
General Rule: This table prescribes the minimum dimensions for building sites, by
Table 78-5: 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 2&PC may
establish different dimensions by approving a plan, plat or replat (see Article 5).
Item
Measurement
Tli
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 1.
Depth,
N/A
100 ft.
100 ft.
minimum
See Note 4
See Note 4
2,000
5,000
Area,
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
2,000
2,000
2,000
Area,
sq. ft.
sq. ft.
sq, ft.
minimum
per DU
per DU
per DU
Note 1. 4,500 Square Foot Exception. A structure maybe located anon 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 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 14, 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 al! 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) -
Nate 5. Area in GR -1 and GR 1 Districts. Minimum area is 2,000 sq. ft. for single-family uses (attached or detached).
34
Table 76-7. Projections Schedule
Type of Structure
General Rule: This schedule describes certain structures which are allowed to
"project" into yards (or setbacks). It also provides special rules for calculating
open and pervious areas affected by such structures. See the "Yards (or
'setbacks')" and the "Open & Pervious Areas" tables.
Maximum Allowed Projection (In Inches), Measured from ' Special Rules For
The Inside Edge of The Yard Calculating Open
& Pervious Areas
Front Yard Rear Yard Side Yard SF Bufferyard
Porches/platforms/d 0, butsee
ecks higher than 14
inches, and similar Note
structures attached See Note
1.1.
to a building.
Steps not higher
than the first floor
level.
15" See
Items above ground
Notes 1.1
not count as
and 13.
open area.
level: Eaves,
cornices, roof
24" except
extensions,
that no
"greenhouse" and
item below
bay windows (no
15" See
the eave
floor space), window
15" See
may be
sills, cantilevered
Note 1.1.
Notes 1.1
closer than
building space,
and 13
36" to the
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
Buildings and
(with cross-sectional
15" See
may be
Attached
areas of 8 square
15"
Notes 1.1
closer than
Structures
feet or less)
and 13.
36" to the
and similar parts of
SPL. See
buildings.
Notes 1,1
and 13.
Porches/platforms/d 0, butsee
ecks higher than 14
inches, and similar Note
structures attached See Note
1.1.
to a building.
Steps not higher
than the first floor
level.
15" See
I
I
The area does
Notes 1.1
not count as
and 13.
open area.
1S" See
Notes 1.1
and 13.
The area does
not count as
either open or
pervious area.
The area does
not count as
either open or
pervious area.
0 See Notes 0 See Notes 0 See Notes The area beneath
1.1 and 13. 1.1 and 13. 1.1 and 13. a deck may count
as pervious area
if rain is allowed
to pass through
the deck.
The area does
120" See 0 See Notes 0, See Notes 0. See Notes not count as
Note 1.1. 1.1 and 13. 1.1 and 13. 1.1 and 13. either open or
pervious area.
35
36
Items near ground
The area counts
level: porches,
platforms and decks
as open area.
The area beneath
higher than six
120" See
No limit.
0 See Note
a deck may count
inches but not
See Note
No limit
higher than 14
Note 1.1.
1 1
13.
as pervious area
if rain is allowed
inches, and similar
to pass through
structures attached
the deck.
to buildings
Other parts of
0,
0, but see
0,
0, but see
The area does
buildings and
Notes 3 and
Note 3. See
not count as
structures attached
to 2. Sbut
Note See
q See Notes
to 5. S
Note 5. See
Notes 1.1
either open or
to buildings.
1.
Note 1.1.
1.1 and 13.
Note 13.
and 13.
pervious area.
The area counts
Sidewalks, patios,
as open area but
porches/platforms/d
not as pervious
ecks, retaining walls,
area unless the
driveways, parking
No limit,
material is
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
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
76-3 regarding
pass through the
pervious pavement.
deck. See Table
7B-3.
Air conditioning
equipment, pool
The area does
equipment, and
0
See Note 6.
See Note 6.
0
not count as
similar freestanding
either open or
Mechanical
mechanical
pervious area.
Equipment
equipment
The area may
Utility meters and
count as both
related apparatus
0
No limit
15"
12"
open area and
pervious area.
The area may
No limit
generally,
count as
Basketball goals
120"
No limit
No limit
both open area
but see
and pervious
Note 7.
Certain Accessory
area.
Structures
The area may
Playground
count as
0
No limit
0
No limit
both open area
equipment
and pervious
area.
36
if
The area may
count as
120" 0 0 0 both open area
and pervious
area.
0, but see
Notes see
No and 12.
No limit
No limit,
butsee
Notes 8. 1,
8.2 and 11.
No limit
The area does
not count as
either open or
pervious area.
The area counts
O, but see
0, but see
as open area.
0
No limit
Only the water
Note 9
Note 9.
area counts as
No limit
No limit
pervious area.
No limit
The area may
generally,
generally,
generally,
No limit
count as both
generally, but
butsee
butsee
butsee
open area and
see Note 10.
Note 10.
Note 10.
Note 10.
pervious area.
The area may
24" No limit No limit No limit count as both
open area and
pervious area.
The area does F
No limit 0 0 0 not count as
either open or
pervious area.
Note 1.1. Projections in QMDS. See QMDS Schedule -
Note 1.2. Parch 1n Front Yard. On a building site in a residential distr"ct 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;s neither des;gned 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 'rs 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 enc.osed, 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.
37
Note 3. Buildings In Rear Yard or SF Bufferyard. A building maybe 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. Roilway/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 S. 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 baseof 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.
38
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% of the gross floor area of all the buildings on the site when the principal building was built, before
1980); and (u) there will be no substantial adverse impact upon nearby properties.
39
ARTICLE X 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."
40
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.
41
General Rule: Within each District: uses marked "A" are allowed as the primary
Table 7C-1: Uses
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
(detached
X
Single-family
X
X
(attached)
Other residential
X
X
Park, playground, or
Public and
Semi-
community center
A See Notes 2 and 3
X
(public), school (public),
Public
place of worship
Private green space
School (other)
SE See Note 2
X
See Note 4
Utility or service use.
See Article 8.
A
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
orien ted
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.
41
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.
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" tot 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 backyard; 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.
42
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" tot 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 backyard; 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.
42
(Vote 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 shaii 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 tines. Trees planted in the buffer zone shall not interfere with overhead utility
lines.
43
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.
(Vote 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 shaii 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 tines. Trees planted in the buffer zone shall not interfere with overhead utility
lines.
43
Note 1. Specio! 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.
44
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.
Minimum 2.0 per DU; each must be enclosed.
general
See Article 10
Minimum garage parking
12 ft. wide, 25 ft. deep (for each required garage parking space).
space dimensions
Garage door or
Maneuvering area
See Article 10
openings
Garage accessary
Limit on non -garage
N/A
buildings
space
Note 1. Specio! 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.
44
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
Dwelling units
Maximum number
See Uses table
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
un'ts. See Note 2.
SF privacy
N/A
protection
Accessory
Maximum number
N/A
buildings
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
Height, maximum
3S ft. See Note 1.
35 ft. See Notes 4 and 5.
Principal buildings
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. Separat'on 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
45
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.
46
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
Number, location,
Depends on land use, layout, etc. See this Table, Table 7C -4a, and Article 10
areas; Other
size, design
(including maneuvering areas, design requirements, "same site" rule, yards,
regulations apply, •
street areas, loading spaces, etc.).
see, e.g. Article 10
Maneuvering areas
See Article 10
Grouping or sharing.
Not allowed, except in a QMDS platted parking reserve serving two or more
DU's. But see Note 2.
Parking spaces for non-SFD uses may only be used for motor vehicle parking.
Use of parking areas
See Note 3.
Emergency
Minimum width. See
20 ft, via public or private street, to each principal building and each DU (or to
an adjacent open area accessible to firefighters and equipment). Other
accessway
Note 1.
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).
For non-SFD uses: 160 feet, driving distance to the nearest street area,
apply; see, e.g.
Article 10
Maximum length
measured along centerline from farthest end point. A longer driveway is
allowed if there is an approved turnaround or second means of egress, or if
the 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.
46
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-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. 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.
47
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: 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.)
Dimensions
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
(before October 24, 1987)
per building site
75 ft.
All structures
minimum
See Note 2
Height, maximum
35 ft. See Note 1.
See, also, Article 8
minimum
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.
Note 1. 4,500 Square Foot Exception. A structure maybe 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: (1) 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 anon 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.
48
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,
(on or after October 24, 1987)
minimum
50 ft.
Depth,
N/A
minimum
Area,
5,000
minimum
sq. ft.
Note 1. 4,500 Square Foot Exception. A structure maybe 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: (1) 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 anon 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.
48
4
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.
Special Rules For
Type of Structure
Maximum Allowed Projection (In Inches), Measured from
Calculating Open
The Inside Edge of The Yard
& Pervious Areas
Front Yard
Rear Yard
Side Yard
SF Bufferyard
Items above ground
level: Eaves,
cornices, roof
„
24 except
extensions,
that no
"greenhouse" and
item below
bay windows (no
the eave
The area does
floor space), window
15"
15" See
may be
15" See Note
not count as
sills, cantilevered
Note 12.
closer than
12.
open area.
building space,
36" to the
window boxes, belt
courses, window air
SPL. See
conditioners and
Note 12.
similar parts of
buildings.
12" except
Items at and above
that no
ground level:
item below
Chimneys/fireplaces
The area does
Buildings andthe
(with cross-sectional
15" See
eave
15" See Note
not count as
Attached
areas of 8 square
15
Note 12.
closebthan
12.
either open or
Structures
feet or less]
pervious area.
and similar parts of
36" to the
buildings.
SPL. SeeNote
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
Note 12
12.
12
0 See Note 12
a deck may count
structures attached
to a building.
as pervious area
if rain is allowed
to pass through
the deck.
The area does
Steps not higher
0, see Note
0, see Note
0. See Note
not count as
than the first floor
120"
12
12.
12
either open or
level.
pervious area.
4
50
Items near ground
The area counts
level: porches,
platforms and decks
as open area.
The area beneath
higher than six
h
0 See Note
a deck may count
inches but not
120"
No limit.
No limit
higher than 14
12.
as pervious area
if rain is allowed
inches, and similar
to pass through
structures attached
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, bur seeote
not count as
structures attached
Note 2.
4. See Note
NS. See
Note 3. See
either open or
to buildings.
12.
Note 12.
also Note 12
pervious area.
The area counts
as open area but
Sidewalks, patios,
not as pervious
porches/platforms/d
area unless the
ecks, retaining walls,
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
pervious area if
structures. See also
rain is allowed to
Table 7C-3 regarding
pass through the
pervious pavement
deck. See Table
7C-3.
Air conditioning
equipment, pool
The area does
equipment, and
0
See Note 6.
See Note 6.
0
not count as
similar freestanding
either open or
Mechanical
mechanical
pervious area.
Equipment
equipment
The area may
Utility meters and
0
No limit
15"
12"
count as both
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
0
No limit
0
No limit
count as both
Structures
equipment
open area and
pervious area.
The area may
count as
Flagpoles
120"
0
0
0
both open area
and pervious
area.
50
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:
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 52Y, -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
51
D, but see
No limit,
The area does
Fences
Notes 8. 1,
No limit
but seeNo
limit
not count as
Notes 8.1,
either open or
81
8.2 and 11.
pervious area.
The area counts
D, 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
g
generally,
g y
generally,
generally,
No limit
count as both
generally, but
lampposts
butsee
butsee
butsee
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
No limit
0
0
0
not count as
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:
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 52Y, -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
51
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. Garagesin 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 astwo 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) separatingthe equipmentfrom 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.
52
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 Z8A may issue a special exception to authorize projection of buildings and attached
structures into a side yard, rear yard or an 5F 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.
53
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. lases; 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."
54
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.
Nate 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.
55
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
PDD
PDR-
PDD-
PDD-
PDD-
PDD-
PDD-
PDD -
Specific Use
Category
5F1
SF2
TH1
TH2
TH4
TH5
TWT
CI
Single-family
Residential
ASee Notes 1 and 7
A
(detached)
A See
Single-family
X See
A See Note 1
Notes 1
A See Note 1
X
(attached)
Note 8
and 7
Other residential
X X
x x
X
X X
X
Park, playground,
or community
A See
Public and
center (public),
A See Notes 1 and 3
Notes 3
Semi -Public
school (public),
and 4
place of worship
Private green
See Notes 1 and 2
space
School(other)See
X See
XX
X
X
X
X X
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 I
Commercial
See Article
8 regarding
See
See
certain
Light commercial
X
X
X
X
X
X
Notes 6
sexually
Note 5
and 10
oriented
businesses.
Medium
See
X
X
X
X
X
X
X
commercial
Note 5
All other uses
X
X
I X
I X
I X
X
I 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.
Nate 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.
55
Note 4. Park, Playground, Etc. in the C District, a park, playground or community center may be privately or publicly
owned.
Nate 5. Parking Use in ADD-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 PAD -C1. The only commercial use allowed in PDD -C1 is light office use, meaning offices for
conducting real estate, insurance and other similar businesses and the offices of the architectural, clerical,
engineering, legal, dental, medical and other established and recognized professions, in which only such personnel
are employed as are customarily required for the practice of such business or profession.
Note 7. Garden -style use in PDD-TH4. "Garden -style" single family detached use is allowed in PDD-TH4 if authorized by
a site plan meeting the requirements of Ordinance No. 1560, adopted October 12, 1998, which is continued in
effect for the original site plan and for amendments and replacements of that plan. Such a site plan, after approval
by ordinance in accordance with Article 14, controls over any provision elsewhere in this ordinance.
Note 8. Attached dwellings in PDD-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.
55
General Rule: No part of any structure maybe located within apart of a building site included
within a yard defined, by District, in this table. ("N/A" means the rule does not apply.)
Table 7D-2: Yards
Exceptions/Special Rules: (1) Structures may be located in yards to the extent allowed by the
(or `setbacks')
Projections Schedule. (2) See special rules noted in table. (3) See PDD Schedules for Planned
Development Districts. (4) See additional setbacks in the PWSF Schedule.
PDD-
PDD-
PDD-
PDD-
PDD-
PDD-
PDD-
PDD-
Item
Measurement
SF1
I SF2
TH1
TH2
TH4
TH5
TH7
Cl
20 feet if the building site
depth is 110 feet or less; 25
Distance from
feet if the building site
20 ft.
5 ft.
Front yard
front street
depth is more than 110 feet
10 ft.
(Mercer
(Bellaire
line.
but not more than 125 feet;
See Note 7.
Street)
Blvd.}
30 feet if the building site
depth is more than 125
feet. See Note 5.
Distance from
Greater of 104'0 of building
5 ft.
20 ft.
Interior
side property
site width or 5 feet. See
See Notes 4.1 and 4.2.
(south
N/A
side yard
line (each
Note 2.
See Note 7.
property
side).
line)
Distance from
Greater of 10% of building
10 ft.
Street
side street
site width or 5 ft. See Notes
10 ft. See Note 7.
(Bissonnet)
See
side yard
line.
2, 6.
Note 8.
55
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 70-2. 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 slde: 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 pkat. 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.
57
5 ft.
Distance from
20 ft.
10 ft.
Rear yard
rear property
20 ft. See Note I.
See
See
20 ft.
(west
See
line.
Note 1.
Note 1.
See Note 1.
property
Note 8.
line)
Distance from
ft.
10 ft,
SF
nearest part
N/A
S
See
Se
See
20 ft.
N/A
See
Bufferyard
of an SF
See Note 7.
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 70-2. 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 slde: 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 pkat. 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.
57
Note 8. Yards in PDD -C1. 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 rearyard upon Lot 2, Block 35, Colonial Terrace Addition
(also known as the south 140 feet of Tract 9, Cambridge Place) is the area within 40 feet of the rear property line
of said lot, said rear property line being located 140 north of the north right-of-way line of Bellaire Blvd. (ii) The
street side yard is the area within ten feet of any side street line where the street area is 50 feet or less in width, or
within five feet of any side street line where the street area is more than 50, but less than 70, feet wide. (iii) The
front yard is the area within five feet of the front street line (which is the common boundary with Bellaire
Boulevard). Any area outside of a building line established by ordinance or by recorded plat is considered part of
the corresponding yard.
Note 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
58
General Rule: Every building site must have the minimum open and pervious areas shown, by
Table 70-3: 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 PDD-TH2 PDD-TH4 PDD-TH5 PDD-TH7
PDD -Cl
Front yard,
Open
minimum
60%.
N/A
N/A
area
percentage.
Rear yard,
minimum
60%. See Note 1.
N/A
N/A
percentage.
See Note b.
Entire
building site,
45%
25%
N/A
minimum
percentage.
Front yard,
Pervious
minimum
50% See Note 7.
50% See Note 2.
N/A
area
percentage
Entire
building site,
35%
15%
N/A
minimum
percentage
Landscaping
Required, except for SFD uses on building sites with 5,000 sq. ft. or more. See Notes 3 and S.
strips
For SFD uses on building sites with 5,000 sq. ft. or more, there must be at least one qualified
Qualified
tree in the front yard or in the adjacent street area. For all other uses, each qualified tree
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
58
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.O1d 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.
59
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-
PDD-
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 parking
enclosed or semi -
Garage space, in
spaces. See Article
enclosed and
Minimum 2.0 per DU; must be enclosed.
N/A
general
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
10 feet wide, 20 feet deep (for each required
parking space
each required
N/A
dimensions
garage parking
Garage parking space).
space).
Garage doors or
Maneuvering area
See Article 10
N/A
openings
Prohibited unless:
(i) the garage
door is set back
ten feet or more
from the front
yard, and (ii)
there is only open
area above the
driveway for at
least seven feet
inward from the
Door or opening
front yard, and
(May affect eligibility as QMDS. See definitions in
facing front street
(iii) any structure
Article 2)
N/A
line.
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
line
from the side
Article 2)
street line, and (ii)
there is only open
area above the
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; (iil) 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
driveway for 10 at
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
least seven feet
PDD-
PDD-
PDQ-
PDD-
inward from the
PDR
PDD-
PDD-
side street line,
SF1
SF2
TH1
TH2
and (iii) any
TH 5
TH7
C1
structure above
One plus
Dwelling units
the driveway (and
One, plus one AQ
17.5 per acre. See Note 8.
within ten feet of
one AQ
the side street
100% for all
line) must be
Framed area,
Maximum
cantilevered or
all buildings
area as a
suspended from
100%.
types other
the building (no
percentage
80%
See
than TH;
special posts or
N/A
site
building
vertical supports
125% for TH.
being allowed).
Max. 600 sq. ft.
Garage accessory
Limit on non-
GFA in any
accessory building
N/A
N/A
buildings
garage space
containing garage
width, any
horizontal
space.
130 feet. See Note 3.
N/A
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; (iil) 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.
61
General Rule: Every structure must conform to the applicable regulations shown, by
Table 7D4b: 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-
PDQ-
PDD-
PDD-
PDR
PDD-
PDD-
SF1
SF2
TH1
TH2
TH4
TH 5
TH7
C1
Maximum
One plus
Dwelling units
number per
One, plus one AQ
17.5 per acre. See Note 8.
building site
one AQ
100% for all
Framed area,
Maximum
dwelling
all buildings
area as a
100%.
types other
on a building
percentage
80%
See
than TH;
100%. See Note 4.
N/A
site
building
Note 4.
125% for TH.
site area
si
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 S. See also Note 9 (PAD-TH7 only)
SF privacy
See Nate 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
1 building site
61
regarding
Height,
25 ft
35 ft. See
garage space.
maximum
Note 1.
Stories,
2 and one-half
3
N/A
maximum
Height,
35, 25 in rearyard.
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
1,600
1,300
area, square
each DU
feet
Width, feet
(min,),
N/A
16, each DU
N/A
outside to
outside
Height and
screening of
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 1. 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. Fromed 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 S. 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 DUs 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
62
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 Coss 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.
63
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
PDD- I PDD-
I PDD-
PDD-
PDR
PDQ-
PDD-
SF1
SF2 TH1
TH2
TH4
THS
TH7
C1
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
Grouping or sharing.
Not allowed, except in a QMDS platted parking reserve serving
two or more DU's. But see Note 2.
Use of parking areas
Parking spaces for non-SFD uses may only be used for motor
vehicle parking. See Note 3.
Maneuvering areas
See Article 10
Minimum width
20 ft, via public or private street, to each principal building and
Emergency accessway
See Note 1.
each DU (or to an adjacent open area accessible to firefighters and
equipment). Other regulations also apply, e.g, fire code.
Minimum width
For SFD use: nine ft.
See Note 1.
For non-SFD residential use: 10 feet, or 17 feet if two-way and
serving three or more DU's.
For SFD use: (i) Driveway serving any single -bay garage: 12 feet.
(ii) Driveway in a front yard serving rear garage or side -facing
Maximum width (in front
garage: 12 feet. (iii) Driveway in side street area of a corner site
yard or street area)
serving a side -facing garage with three or more bays: 30 feet; (iv)
See Note 1.
Any other driveway: 20 feet. For other residential uses: 24 ft. (or
Driveways and private
35 feet if connecting to a major thoroughfare). For all other uses:
streets
30 feet (or 35 feet if connecting to a major thoroughfare).
Other apply;
For non-SFD uses: 160 feet, driving distance to the nearest street
g. Articregulatle 1
see, e.g. Article 10
area, measured along centerline from farthest end point. A longer
Maximum length
driveway is allowed if there is an approved turnaround or second
means of egress, or if the driveway is platted as part of the
common area in a QMDS.
Route, location
See Note 6 1 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:
(l) See Table 7D-3 (pervious pavement) and Note 4, below. (ii) See
Article 10 regarding "overhang."
Markings; wheel stops.
Required type
For non-SFD uses: Parking spaces must be clearly marked on the
pavement, and wheel stops are required. See Note 12.
Curb cuts
For SFD use: Maximum one per designated building site abutting
Other regulations apply;
Number
the street. For non-SFD uses: Maximum one per 50 -ft. segment of
see, e.g. Article 10 and
I
I street line. See Note 5.
63
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,
plants and other things
See Chapter 82 of the Code of Ordinances.
Nate 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 orshared 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.
Nate 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 b. 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 S. Curb Cuts in PDD-TH1. (i) If a building site abuts both Bellaire Boulevard and another street, then all vehicular
access shall be from the other street, and no more than two curb cuts shall be allowed. However, in the case of the
development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Addition, if Lot 6 is included in
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.
64
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 -C1 District. In the PDD -Cl District, no part of any structure (except a fence) may be higher than
the horizontal distance from that part to the nearest part of an SF District.
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: Every structure must conform to the applicable regulations shown, by District, in
Table 7D -5b: Certain
this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) See special rules
Structures
noted in table. (3) See Article 9 regarding Planned Development Districts.
Item
Regulation
PDD -SF -1 I PDD -5F-2
PDD-TH1 I PDD-THZ I PDD-TH4 I PDD-TH5 I PDD-TH7 PDD -Cl
Maximum
PDD-
PDD-
PDD-
number
PDD-
PDD-
Swimming
PDD -
Item
Measurement
pools
per
One. See Note 1.
See Note 2.
TH4
building
TH7
C1
Old building sites
site
All
(before October 24, 1987)
Width,
50 ft.
structures
Height,35
See Notes 1 and 2.
ft. See
See Note
25 feet. But see "Buildings" table for certain building height limits.
3, also,
maximum
N/A
Note 3.
Article 8
minimum
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 -C1 District. In the PDD -Cl District, no part of any structure (except a fence) may be higher than
the horizontal distance from that part to the nearest part of an SF District.
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.
Note 1. 4,500 Square Foot Exception. A structure maybe 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
65
General Rule: This table prescribes the minimum dimensions for building
sites, by District.("DU" means "dwelling unit.") Exceptions/Special Rules:
Table 70-6: Building Site Dimensions
(1) See PDD Schedules for planned development districts. (2) See special
notes in table. (3) The Z&PC may establish different dimensions by
approving a plan, plat or replat (see Article 5).
PDD-
PDD-
PDD-
PDD-
PDD-
PDD-
PDD-
PDD -
Item
Measurement
SF -1
SF -2
TH1
TH2
TH4
THS
TH7
C1
Old building sites
(before October 24, 1987)
Width,
50 ft.
N/A
50 ft.
See Notes 1 and 2.
minimum
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,
(on or after October 24, 1987)
75 ft.
N/A
50 ft.
See Note 3.
minimum
Depth,
110k
N/A
N/A
minimum
Area,
8,250
2 sq. ft. per DU
5,000
minimum
sq. ft.
,000
sq ft
Note 1. 4,500 Square Foot Exception. A structure maybe 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
65
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 on 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 plot 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, 1957. A subdivided lot in the SF or GR -1 District may be further
subdivided to produce a building site with less than seventyfive (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.
66
General Rule: This schedule describes certain structures which are allowed to
Table 70-7. 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 Protection (In Inches), Measured from
Special Rules For
Type of Structure
The Inside Edge of The Yard
Calculating Open
& Pervious Areas
Front Yard
Rear Yard
Side Yard
SF Bufferyard
Items above ground
leve,: Eaves,
cornices, roof
24" except
extensions,
that no
"greenhouse" and
item below
bay windows (no
the eave
floor space), window
15" See
15" See
may be
15" See
The area does
sills, cantilevered
Note 1.1.
Notes 1.1
closer than
Notes
not count. as
building space,
and 13
36" to the
and 13. .
open area.
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
the eave
The area does
(with cross-sectional15"
15" See
may be
15" See
not count as
areas of 8 square
Notes
closer than
Notes 1.1
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.
66
67
The area does
not count as
Porches/platforms/d
either open or
ecks higher than 14
0, butsee
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.
Items near ground
The area counts
level: porches,
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 passthrough
the deck.
to buildings
Other parts of
0, bur see
0, but see
The area does
0, butsee
0, but see
buildings and
Notes 3 and
Note 3. See
not count as
structures attached
Note 2. See
4. See Notes
Note 5. See
Notes 1.1
either open or
to buildings.
Note 1.1.
1.1 and 13
Nate 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
completely
Ground level and
structures not
except that
pervious to
decks may
underground
higher than six
No limit
No limit
No limit
water. The area
items
inches; all
not project
beneath a deck
underground
more than
may count as
structures. See also
120
pervious area if
Table
rain is allowed to
70-3 regarding
pass through the
pervious pavement.
deck. See Table
7D-3.
Air conditioning
equipment, pool
The area does
equipment, and
0
See Note 6.
See Note 6.
0
not count as
similar freestanding
either open or
Mechanical
mechanical
pervious area.
Equipment
equipment
The area may
Utility meters and
count as both
related apparatus
0
No limit
15"
12"
open area and
pervious area.
67
Note 1.1. Projections in QMDS. See QMOS 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 52Y: 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.
68
The area may
No limit
generally,
countas
Basketball goals
120"
No limit
No limit
both open area
butsee
and pervious
Note 7.
area_
The area may
Playground
countas
0
No limit
0
No limit
both open area
equipment
and pervious
area.
The area may
countas
Flagpoles
120"
0
0
0
both open area
and pervious
area.
0, butsee
No limit,
The area does
Fences
Notes 8.1,
No limit
butsee
No limit
not count as
8.2, and 11.
Notes S. 1,
either open or
8.2 and 11.
pervious area.
The area counts
Certain Accessory
0, but see
0, but see
as open area.
Swimming pools
0
No limit
Only the water
Structures
Note 9
Note 9.
area counts as
pervious area.
The area counts
as open area but
Tennis Court (with
associated screens)
0
0.
0
No limit
not pervious area
(unless the area
is made of grass).
No limit
No limit
No limit
The area may
No limit
Lights and
generally,
generally,
generally,
generally, but
count as both
lampposts
butsee
butsee
butsee
open area and
see Note 10.
Note 10.
Note 10,
Note 10.
pervious area.
The area may
count as both
Gate closers
24"
No limit
No limit
No limit
open area and
pervious area
The area does
Signs (see Code of
No limit
0
0
0
not count as
Ordinances)
either open or
pervious area.
Note 1.1. Projections in QMDS. See QMOS 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 52Y: 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.
68
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 1n 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 rearyard 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 onlycontain 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 rearyard only if: (a) separatingthe 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.
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."
70
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 parking spaces
5FD 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-TH5) per DU. See Note 1
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-TI5), 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, 713, 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."
71
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, 713-1, 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, 713-2, 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, 713-2, 7C-2, 7D-2.
(e) Certain yard encroachments. A structure located in a yard (or "setback" area) in apparent violation of Tables
7A-2, 7B-2, 7C-2, 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
72
c� 1
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 No1100
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.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the 8`h day
of April , 2024.
Ex4S
PASSED, APPROVED ND ADOPTED ON SECOND READING, AND SIGNED, on
day of ', Q � '2024.
tary (S
Manager
Approved as to form:
011-04n "lson, LLP, City Attorney
73
Signed: ' %
Vau
Qa�yor