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HomeMy WebLinkAboutOrd 1637 - amending zoning ; to provide for certain encroachments !; .. ORDINANCE NO. 1637 t!Y AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO PROVIDE FOR CERTAIN ENCROACHMENTS rNTO YARDS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance. of the City, as last reformatted and readopted by Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance"); and WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC and is of the opinion that the proposed amendment should be adopted, as more fully set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The Zoning Ordinance is hereby amended as indicated in the attachment to the report of the Z&PC in Exhibit A, which is attached and made a part of this ordinance. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City L~~~.__.~......_._~~ .__ .. -4"'~- F-""-""'~':C-''':~:''~_l ,:_~:I_! II..mru------.,---t--~-- .':''Jfl''1~-':':-''''''l - Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. PASSED AND APPROVED ON FIRST READING, this ~.; of ~.I --:J-. , 2000. (j Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent Si~~~~j Attest: (Seal) ~.~ Reviewed: \:. -........J City Attorney b58:\54oencro r. 11 r -~- ,_,....~rr_._._.. - . om ... ,. 'l'II1"7'II~.,r ,-----,--~_._----------,----. "'""11]"-1"" '" c< n-- 0"''' L D y. VULl:: Ot UUUUnl::n I I, nUvi) I vl\!, II,jOOU141 Ii t"ep-ll-UU O;O,j, n:!gt! t:./o .- Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 January 13, 2000 Honorable Mayor & Members of the City Council. City of West University Place 3808 University Boulevard Houston, Texa~ 77005 Subject: Final report on proposal to amend the zoning ordinance of the City of West University Place, Texas (~Cityn) to provide fur certain encroachments into yards. To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, i l::; pnO'!li.lIllnary report, on the subject proposal, for the assistance of the Council as well as other interested persons. SCOQe of ProPosal. The proposal is to amend the Zoning ordinance to allow prior non-conforming (~PNC") status for certain encroachments into yards. The proposal is substantially as submitted at the public hearing, except that the Commission recommends deletion of any provision for City staff to issue permits for such encroachments. Instead, approval by the ZBA should be required to grant PNC status. ZEA approval would require findings o~ that the encroachment was inadvertent and not misrepresented to the City (or old, commencing before 1970) and findings of no adverse effect. Recommenda.tion. Based on the public hearing and review of this matter, the Commission: (i) finds that the proposed amendment, if adopted, would be in the public interest, (ii) makes a final recommendation favorable to the amendment, and (iii) recolt1!D.ends that the City Council adopt it. The Vote. The following members of the Commission approve this preliminary report: Commissioners Boucher. Hiqley, Musher Nelsol1_ and 1:>011 1 _. .i ,-~,.~______--'----r_~~___,---___,r"'-'ln!"I""'T-,'._-""q_ vC;;lll- uy. ,,",VLl- U LlUUUIIL.;,n I I, nuuo I un, Commissioners b41:\S4rcpor.enc (none) I I .::IOOU I .. I I j r c::u - I r - vv u......""T, I ...:::l'..... -,- all voted "Aye," I with Voting "NQ". Respectfully sublultted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSTTY PLACE, TEXAS By; ~&.~ - - For the Commission .-. ffi..l 'iI.LLI.lJl.AL __~~-.-~ ~~~ ~ - -----.of'JfI~-.,...,,- 1 '1 ~I:OIIL UJ. VVL.L- LX IJVUUrll::.n I J J nVUo I un j ( I oJOOU I q I I , r t:::JJ - I I - VV 0 . ....--t- , I Q~y ~/"" PROPOSED AMENDMENT TO PROVIDE FOR t1!RTAIN "ENCROACHMENTS"INTO YARDS, 1-13-00 Amend Section 11-102 of the Zoning Ordinance as/ollows: Section 12-102. Atquiring PNC status. (a) General Rule. An item (detined below) acquires PNC status if: (i) the item was constructed or established in confonnance with the zoning ordinance (as applicable at the time); and (ii) after construction or establishment. the item became non-confonning solely because the zoning ordinance was adopted or amended. The item acquires PNC status on the effective date of the ordinance making it non-conforming. Items which can acquire PNC status are: (1) A separately-existing building site, (2) A structure. (3) Some aspect, use or part of such a building site or structure. (b) Work tinder CO/1.struction. For purposes of acquiring PNC status, any structure for which all necessary City construction permits have been applied for (by filing complete and effective plans, specifications, applications and al1 other required items., including fees) prior to a given effective date shall be treated the same as a structure constructed before the effective date, but only if: (i) the applications are eventually granted. and the permits are actually issued (before or after the effective date), and (ii) the structure is completed substantially in accordance with the same plans and specifications filed initially to obtain the pennits, within the time allowed by those pem"\its. including any extensions lawfully granted. The ZBA may grant a special exception to allow a partially-completed building to be treated the same a.q a building constructed before the effective date, but only if aU of the building's significant structural elements, including the roof and allload-beanng members, were completed as of the effective date and the building is fuUy completed within five years thereafter. (c) Other commUted work. For purposes. of acquiring PNC status, any principal building constructed new or substantially remodeled after a given effective date shall be treated the same as a structure constructed before that effective date, if all of the following criteria are present: (1) Prior site acquisition, The person initially Claiming PNC for the building C1applicantJl) must bave acquired fee simple title to the entire building site for the building on or before the ninetieth day preceding the effective date in question. (2) Diligent progress to completion. The applicant must also make, or cause to be made. diligent progress toward the completion of the principal building. Such progress must include both ofthe following steps: (i) completion of the plans and specifications and the tiling (by the applicant) of complete and effective applications tor all necessary building pennits incorporating such completed plans and specifications, on or before the ninetieth day following the given effective date; (ii) completion of the construction or remodeling substantially in accordance with the same plans and specifications. filed initially 10 obtain the necessary City permits, within the time allowed by those permits, including any extensions lawfuUy granted. In cass; of nOD"1;ompliance with side yond regulations based on 1 0% of the building site Vtidth as stated in the "Yards" table adopted in DC(effiber 1994: (A) the time to acquire the entire building site is extended ~ -~_..- ... .~..~'=nm' _ ~ .'I!.::.I]JI._:I: - -------~n:lr-': ", "';~r--- c. " through May 31, 1995, and (B) the time to file applications fot penn.its is extended through September 29, 1995 (d) En/argeme11/ of building site and yard A structure Jocatedin 3 yard (or "setback" area) in apparent violation of Table 7-2 acquires PNC status if: (i) after the 1987 effective date. the building site was enlarged in compliance with City ordinances, (ii) the enlargement of the building site also expanded the yard to include the structure, (ill) the structure was built before enlargement of the site, and (iv) the structure did not violate the yard (or "setback") regulations before the enlargement. The structure acquires PNC status only for non-compliance with Table 7-2. (e) Certain vard encroachments. A structure located in a yard (or "setback" area) it} aDParent violation of Table 7-2 aCQuires PNC status if the ZBA issues a special exc~tion grantimz PNC status. TheZBA may onlv issue such a sDedal ex.C~Dtion if it makes all of the f2lli>wimr: sDe,2al findin~s: 0) The encro~chment was inadvertent and neither misrepresented (0 the City nor hidden from ~j!X. offici!ls:..2ceV~ioll: This findine. is not reauired if!b1i ~croachment OOflll!lenced before 197!}. lii) The encroachment :will not cause a substant!~l adverse effect on other persons. mil The encroachment does not create a. significant health or - safety risk. l----- 1===9-==\"1 r ..m, I -lilll:IIIIif ~-~-c~'fr.I:'.-'"