HomeMy WebLinkAboutOrd 1644 - zoning ; provide for personal wireless service
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ORDINANCE NO. 1644
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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS TO PROVIDE FOR PERSONAL
WIRELESS SERVICE FACILITIES; EXTENDING THE TEMPORARY
LIMITATION PERIOD ON CERTAIN RIGHT OF WAY PERMITS AND
APPROVALS; 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. A companion to this ordinance known as the right-of-way ordinance
was proposed by Ordinance No. 1627, passed on the same date as the ordinance
which called a public hearing on this ordinance. Although the two ordinances have
been previously considered together, it now appears that the right-of-way ordinance will
require further meetings and study before it will be considered for adoption. To provide
time for further meetings and study, the temporary limitation period for permits and
approvals imposed by Ordinance No. 1627 is extended through and including July 31,
2000. In all other respects, Ordinance No. 1627 is ratified and confirmed.
Section 3. All ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict only. 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 douncil officially finds,
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Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
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Exhibit A
Zoning. & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
March 23, 2000
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Final report on a proposal to amend the zoning
ordinance of the City of West University Place,
Texas (~City') to provide for personal wireless
service facilities (PWSF's).
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission of the City submits this,
its final report, on the subject proposal, for the assistance of
the Council as well as other interested persons.
Scope of Proposal. The proposal is to add a new PWSF
Schedule and various conforming and companion amendments to the
ordinance, as indicated in the attachment to this report.
Under the proposal, ~low-impact PWSF's" could be authorized
by the building official. All others would have to be authorized
by the ZBA. Various provisions are added to the ordinance,
including pre-application requirements (applies to all ~use"
special exceptions), PWSF application requirements, PWSF review
and issuance requirements and general PWSF design and operation
criteria.
Recommendation. Based on the public hearing and the
extended review study that has been given this proposal, the
Commission: (i) finds that the proposed amendments, if adopted,
would be in the public interest, (ii) makes its final
recommendation favorable to the amendments, and (iii) recommends
that the City Council adopt the amendments, with some minor
modifications indicated in the attachment.
The Vote. The following members of the Commission approved
the recommended amendments at its meeting of January 13, 2000:
Commissioners Boucher, Hi~ley, Musher, Nelson and Pohl voted
~aye." There were no ~nors." Two were absent.
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Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
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PWSF Schedule
(Personal Wireless Service Facilities)
In General. A PWSF complies with this ordinance only if, for that specific PWSF:
1 . Pre-application. Any applicable pre-application process has been followed.
2. Application. The required application has been completed and filed.
3. Review. etc. The applicable review and issuance process has been completed.
4. Permit. The appropriate type of permit (either a low-impact PWSF permit or a
permit authorized by special exception) is in effect and not suspended or
terminated.
5. Other. The PWSF otherwise complies with this schedule and other applicable
provisions of this ordinance.
Definitions. In this schedule:
1 . U Antenna" means the surface from which radio signals are sent or received.
2. "Building-mounted antenna" means an antenna attached to the surface of, or
mounted inside, a building or building-like structure such as, for example, a
steeple, cooling tower, elevator housing, parapet, penthouse or elevated tank.
3. "Co-locate" means to use a single mount or site for two or more PWSF's.
4. "Monopole" means a single shaft used primarily to mount PWSF's.
5. "Low-impact PWSF" means a PWSF in one or more of the following categories:
(a) Low-Impact, building-mounted. The antenna is building-mounted, and:
(1) Any exposed elements are flush-mounted (not more than one foot.
from the face of a wall and at least one foot below the top of the
wall) and are covered or painted to match the color and texture of
the building_
(2) All other equipment is screened from off-site views.
(b) Low-impact, standard street structure. The PWSF is incorporated into a
new or existing streetlight or other street structure with a standard or
ornamental design formally adopted by the City Council and approved for
joint use with a PWSF.
6. "Rooftop-mounted antenna" means an antenna mounted on the roof of a building
that is not a "building-mounted antenna."
7. "Sightline representation" means a profile drawing of a sight line from a viewpoint
to the highest visible part of a PWSF meeting these criteria:
(a) Intersecting trees and other objects must be shown.
(b) The scale must be one inch equals 40 feet, unless otherwise specified by
the City.
8. liT ower" means a structure, other than a monopole, used primarily to mount
PWSF's.
Application. The owner and proposed operator of a PWSF must file a complete,
written application, including the following:
1. Form} etc. A City.:...prescribed application form, with all required signatures, fees,
plans and specifications.
2. Sketch plat. A sketch plat as required for new major development, including all
structures located within 200 feet of the proposed PWSF or its site.
3. Service area. A map of the service area for the PWSF.
4. Other facilities. A map showing all existing and planned facilities, both within tb.e.
Citv on site and within three miles of the site Qft:.3ite. tb~t C,QjJld be, or wm ba.._
used by the applicant for, orin connection with, the PWSF. The map must show
PWSF SCHEDULE, final report
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all cables, connection devices and the height! mounting style and number of
antennas.
5. Co-location certificate (not required for low-impact PWSF'S). A certificate, in
recordable form, signed and acknowledged by the owner and operator (and each
lienholder) stating that the PWSF and its site are, and will remain, available for
co-location upon reasonable, non-discriminatory terms and conditions. (With the
certificate, there must be a current title report or other proof of ownership and
liens acceptable to the building official.)
6. Towers, monopoles. The following additional items are required if the application
is for a new tower or monOPOlr, except IO'N imoact P't,'<SF's'
a. A map indicating, for al the area within one mile of the proposed PWSF:
(i) all monopoles and towers in existence, planned or under construction,
and (ii) all structures in existence or under construction with a height
comparable to the proposed PWSF (e.g., towers, buildings, poles, etc.),
and (iii) other possible or potential sites for the monopole or tower,
including standalone locations.
b. A detailed description of efforts made to locate or co-locate the proposed
PWSFat or upon each pole, tower, structure and site required to be
indicated on the map. The description must also include: (i) the names,
addresses and telephone numbers of the owners and persons contacted,
and (Ii) reasons why each was rejected, giving particular emphasis to the
criteria set out in this schedule.
c. A detailed description of: (i) efforts made to blend the facilities with the
surrounding area and to screen them, (ii) the process for selecting the
proposed color, (iii) efforts made to minimize the diameter and mass of
the main supporting structures, including an engineering analysis, (iv)
efforts made to minimize the equipment attached to the pole or tower to
support the antennas, including an engineering analysis, (v) efforts made
to minimize the size, bulk and number of antennas and ancillary
equipment to be mounted on the pole or tower, including an engineering
analysis, and (vi) a description of the function of any such ancillary
equipment and the need to locate it on the pole or tower in question.
d. A photo simulation of the site.
e. If the site is located within 500 feet of any dwelling: (i) a photo simulation
of the views from each dwelling, (ii) two photo simulations from the closest
streets, and (iii) an analysis of the simulations and the other required
information to determine the most effective way to screen or blend the
facility with the surrounding environment.
7. Certain other types of PWSFs: The following additional items are required for all
other PWSF's, except low-impact PWSF's:
a. A detailed description of; (i) efforts made to blend the facilities with the
surrounding area and to screen them, (ii) the process for selecting the
proposed color, (iii) efforts made to minimize the diameter and mass of
the supporting pole or tower (if there is one), including an engineering
analysis, (iv) efforts made to minimize the equipment attached to the pole.
or tower (if there is one) to support the antennas, including an engineering
analysis. (v) efforts made to minimize the size, bulk and number of
antennas and ancillary equipment, if visible from off-site, including an
engineering analysis, and (vi) a description of the function of any such
ancillary equipment and the need to locate it as designed.
b. Sightline representations from the most common viewpoints, including any
PWSF SCHEDUL~, final report
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building facades and public or private roadways within 500 feet of the site.
c. A photo simulation of the site from the main street frontage.
d. If the site is located within 500 feet of any dwelling: (i) a photo simulation
of the views from each dwelling, (ii) two photo simulations from the closest
streets, and (iii) an analysis of the simulations and the other required
information to determine the most effective way to screen the facility or
blend it with the surrounding environment.
Review, Issuance. Permits. The review and issuance process includes:
1. Administrative review. By City staff.
2. Sketch plat. Review of the sketch plat as required; see Chapter 20.
3. Consultants. Review by a third-party consultant, if required by the bUilding
official, the ZBA or City Council. Such review would normally be requested to
resolve technical or regulatory issues raised by the application, including: (i)
accuracy and completeness of applications, (ii) analysis techniques and
methodologies, (iii) validity of conclusions reached, (iv) other technical or
regulatory issues.
4. Hearings. Any required hearings have been duly noticed and held. The building
official may require special hearings, even if not otherwise required.
5. Permits. Preparation, approval and issuance of a permit, as follows:
a. Low-impact PWSFs. The building official may issue a low-impact PWSF
permit, but only after determining that the the definition of l'low-impact
PWSF" clearly applies. See above. The building official may also issue a
low-impact permit if the ZBA determines that the definition applies.
b. Other PWSPs. All other PWSF's require a special exception to authorize
the building official to issue a permit. A special exception may impose
site-specific conditions and restrictions upon a PWSF that are more
restrictive than this schedule.
6. Term of permits. The term of each PWSF permit is five years from the date of
issuance. Exceptions: (1) A special exception can prescribe a shorter term. (2)
If a permit calls for co-location with a pre-existing PWSF, a special exception
may extend the term of all co-located PWSF's at that site to the fifth anniversary
of the issuance of the last permit for that site.
General Criteria & Regulations. The following apply to PWSF's and PWSF permits:
1. Site, equipment The site and type of equipment must offer a lower impact upon
nearby residential sites than the other reasonable alternatives. For this purpose,
impact is measured in terms of: (i) visual intrusiveness, (ii) risk of physical
impact, and (iii) and reduction in property values. Each PWSF must comply with
other applicable laws, rules, charters, guidelines, ordinances and regulations,
and each applicant and. permittee must submit proof of such compliance when
requested by the building official. Examples: (1) Required ordinances and
permits to use public rights of way. (2) Written certifieation$ statements of
compliance with federal regulations and guidelines on radio frequency exposure,
including engineering analyses and impact assessments based upon appropriate
field ests si ned b a ra istered rofessional en ineer who has both trainin
2. ~~D~~F~ ~~~:. e~~e~~S~ I~ ~f~;:~ ~;0~I~n~aS~~d~~~~~nl~1 ~~~~~~~~g site
where the actual or intended principal use is SFD or SFA. The intended use is
determined by the applicable zoning regulations and the size and shape of the
parcel.
PWSF SCHEDULE, final report
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3. Yards, special setbacks. Regular yard regulations apply. In addition, ClII parts of
a PWSF must be set back the following distances:
a. two feet for each one foot of height, measured from the nearest building
site boundary; and
b. three feet for each one foot of height, measured from the nearest SF
District boundary (or, if the PWSF is within an SF District, the nearest
building site with an existing dwelling).
Exception: These additional setbacks do not apply to buildina-n'lount~d PWSF'J::
or low-impact PWSF's.
4. Height. Re9-ular heigtlt regulations apply. See Article 7 which limits Teble~7-4
and 7-5 which limit heights to 25 or 35 feet. Exceptions: (1) A low-impact PWSF
incorporated into a standard street structure structure may be up to four feet
higher than that structure, assuming the height of that structure does not
othelWise violate this ordinance (taking into account any PNC status, other
defenses and exceptions). (2) A special exception may prescribe different height
regulations.
5. Design aspects. The design of each PWSF must:
a. Minimize the mass' of the PWSF that may be visible from off-site or street
areas, to the extent reasonably possible while maintaining structural
integrity.
b. Provide for present and future co-location with other PWSFs to the extent
reasonably possible. Exception: This does not apply to low-impact
PWSF's.
c. Prescribe shapes and dimensions that will blend with similar objects to the
extent feasible.
d. Include a permanent marker (not larger than 4x6 inches) clearly identifying
the owner's name, address and emergency telephone number.
e. Either comply with the definition of a low-impact PWSF or comply with all
the following additional criteria for issuance of a special exception:
(1) The height of the PWSF must not be intrusive, obtrusive or out of
character with the surrounding areas.
(2) Arrays and supporting structures must blend with the existing
physical context and may not be unnecessarily intrusive or
obtrusive.
(3) Trees, natural landscaping and screening must be incorporated
into the PWSF and its surroundings to the greatest extent feasible_
(4) Camouflage or disguise techniques must be incorporated to the
greatest degree feasible, for aspects of the PWSF that cannot be
screened.
(5) In all other respects, the PWSF must blend into its setting to the
maximum extent feasible and may not unnecessarily intrude into
surrounding landscapes or views.
(6) The PWSF must comply with the general purpose and intent of this
ordinance and the comprehensive plan.
6. Guy wires. Guy wires may not be used for monopoles or towers.
7. Co-location (not required for low-impact PWSF's). Each PWSF and its site must
be made available for co-location upon reasonable,non-discriminatory terms and
conditions, at all times. The co-location certificate must be recorded in the Harris
County real property records.
8. Screening. All equipment must be screened from off-site and street area views
to the extent reasonably possible by opaque screens, walls, parapets, etc.
PWSF SCHEDULE, fmal report
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10. Ig mg. e enor lightIng designed for the PWSF itself must be contained
within the enclosure as described above.
11. Parking. Notwithstanding Article 10, no off-street parking is required for a
PWSF.
12. Removal. . A PWSF that is not used for 180 days or longer, or for which there is
no PWSF permit in effect, must be removed. Each owner and person in control
of the site is responsible for removal, jointly and severally. A permit may require
the filing of financial security and rights of entry with the City to secure the
Obligation to remove.
13. Registry: The building official may maintain a registry of all PWSF's and may
require each permittee to certify the locations, equipment, designs, operations, ~
and other information about its PWSF's'periodically.
14. Suspension, termination. All permits are subject to suspension and termination
in the same manner as provided for building permits generally. except that only
the ZBA may suspend or terminate a permit authorized by special exception.
Companion and conforming amendments:
[see attached pages Z-7, Z-9, Z-14, Z-18, Z-25 , and Z-321
PWSF SCHEDULE, final report
Page S-5
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entity, unincorporated business association or any other entity.
Pervious area. An area which: (1) is natural ground or landscaped area that receives rainwater and
allows it to pass through or be absorbed, thus preventing excess water flow away from the area, or (2) is
specifically designated as pervious area in the Projections Schedule.
Pervious pavement is defined in the QMDS Schedule.
PNC. A prior nonconformity. See Article 12.
Principal building. The building on a building site housing the principal use.
PWSF or "Personal wireless service facility." A facility fur the provi~ion of per~on~l wirelp.~<;\
services as defined J2y the Telecommunications Act of 1996. See 47 U.S.C. ~332.
PWSF Use. A use that includes one or more PWSF's.
Qualified Medium Density Subdivision (or "QMDS") is defined in the QMDS Schedule.
Reside. To live or to intend to live at a place either indefinitely or longer than 42 days.
Residential district includes all SF, TH and GR districts and all portions of a PDD designated
primarily for residential purposes.
Residential purposes (or uses). Ordinary domestic purposes ( or uses), not involving any business,
commercial, industrial or institutional activity, whether carned on for profit or not. Providing any good or
service, or offering to provide it, on or from any premises to or for anyone who does'not reside on the same
premises in exchange for any money or thing'ofvalue, whether demanded or accepted, is a business activity.
However, in any proceeding where the presence of a business activity under this ordinance is an issue, it shall
be an affirmative defense that the alleged business activity was only an incidental sale or was part of a home
occupation, but such an affirmative defense shall not apply to any alleged violation of another ordinance of
the City unless the other ordinance so provides.
Residential street. Any street, other than a major thoroughfare, abutting a given building site where,
within 200 feet in either direction along both sides of the street.(measured from the side property lines of the
given building site), 51 percent or more of the property fronting on either side of the street is within a
residential district.
Residential worker. A person who is employed to perform residential services at least 25 hours per
week at the same premises where the person resides. Residential services are personal services which are
performed for someone who also resides on the premises and which are purely residential in nature (and not
income-producing) such as cooking, cleaning, attending children or handicapped persons or maintaining the
grounds.
Rotated comer building site. A comer building site in the SF-l District which has been "rotated"
from one street to the other, such that it has a front street line lying along a street that is different from the
street along which the front street line of the original comer lot would lie. The original comer lot is the
single subdivided lot on the same comer, 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 AC.
Reynolds SUlVey, Harris County, Texas." In the SF-l District, most rotated comer building sites will be
oriented north-south, because most of the original comer lots were oriented east-west (except for lots along
University Boulevard or Cason Street).
School. An establishment: (i) owned or operated by a school district or other governmental entity
and used to provide public education or (ii) owned or operated by a non-governmental person under cir-
cumstances where a license or permit is in effect or required to be in effect under the Texas Education Code
or any other state law pertaining in education or instructional services.
School (public). A school owned by a governmental entity having the power of eminent domain.
Setback. See "yard" definitions.
SF District. This term refers collectively to the SF-l District, the SF-2 District and the SF-3 District,
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ZONING ORDINANCE, as amended through January 31, 1999 [06c:code5:\ozoning]
Page Z-7
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Structural alteration. Any change in a supporting member of a structure, such as a bearing wall,
column, beam or girder.
Subdivided lot. A lot or parcel which was: (i) created or designated by plan, plat or replat approved
by the appropriate City body as required by the Texas Local Government Code or previously applicable state
law, including Texas Revised Civil Statutes Annotated art. 974a; or (ii) in existence as a separately owned
and separately described lot or parcel continuously since September 12, 1983.
Swimming pool. Any constructed pool for swimming or bathing over 24 inches in depth or with a
surface area exceeding 200 square feet. This term includes "spas" and "hot tubs."
Use. The term includes any use of property and any activity upon or relating to property.
Utility or service use. A use, other than PWSF Use, of a builditlg site reasonably necessary to provide
any utility service to that mte OI to other buildine sites in the City. excluding This use also incllldes
production, processing, through-transmission or central facilities primarily used to provide utility or
communication service to areas outside the City, only if the facilities meet all these criteria- (1) the f~~ilities
and all their uses are soecificallv identified and authorized QV a franchise ordinance or other !We~i~l
oermission issued Qy the City. and (ii) they are located underground in street or public easement areas unless
specificallv authorized to be located elsewhere by such a franchise ordinance or spe~ial permissinn
Utility service. Any water, sewer, garbage, electric, lighting. gas, telephone, cable television or other
similar service provided by the City, a public utility, a franchisee of the City or governmental entity serving
the City.
Variance. See Article 11 and Chapter 211 ofthe Texas Local Government Code (Vernon's 1992).
Waste storage area. Any area designed or used to store garbage, trash or other wastes, except for
those areas in an SF District which serve one or two dwelling units.
Width. In the case ofa building site, the length of the front street line.
Yard, front. That part of a building site included in the required yard (or setback area) measured from
the front street line or defined by a front building line. See "Yards" table in Article 7.
Yard, rear. That part of a building site included in the required yard (or setback area) measured from
the rear property line. S~ "Yards" table in Article 7.
Yard, side. That part of a building site included in the required yard (or setback area) measured :from
any side property line. See "Yards" table in Article 7.
Youth athletic facility. A facility that provides athletic training or athletic facilities for more than 12
children under 16 years of age, where such children are not related by blood, marriage or adoption to the
owner or operator of the facility, on a typical operating day, regardless of whether the facility is operated for
a profit or charges for the services it offers.
ZBA. The Zoning Board of Adjustment.
Z&PC. The Zoning & Planning Commission.
Zoning District Map. The map adopted on the 1987 effective date simultaneously with the com-
prehensive amendment of this ordinance, as said map may be amended, from time to time.
ARTICLE 3.
ZONING DISTRICTS ESTABLISHED
Section 3-100. Districts; Purposes.
The City is hereby divided into the following districts, with the purposes set out below:
(1 ) SF- J, the First Single-Family District. The purpose of this district is to provide regulations
to maintain and protect the City's single-family residences and neighborhoods in an area where
comer lots have been divided and re-oriented.
ZONING ORDINANCE, as amended through January 31, 1999 [06c:code5:\ozoning}
Page Z-9
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Table 7-1. Uses
Uses
GeneralRule: 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
matked ")C. are prohibited. ExceptionslSpecial Rules: (l) See PDD Schedules for
planned development districts. (2) See special roles noted in table.
Use Category Specific Use
Residential Single-fumily A A A A A A A
(detached)
Single-family X X X A A A X
(attached)
Other residential X X X X A A X
Public and Semi-Public Park, playground, or SE SE SE SE SE SE A
community center See
(PUblic) Note
4.
School (public) SE SE SE SE SE SE SE
School (other) X X X X X X SE
Church SE SE BE BE SE BE SE
Utility or service A A A A A A A
use. See Article 8. ,
PWSF use. See AorSE ~ AorSE Aor ~ ~ Aor
PWSF Schedule. SE SE
Connnercial Light commercial X X X X X X A
See Article 8 regarding
certain sexually oriented Medium commercial X X X X X X SE
businesses.
All other uses X X X X X X X
--
Note 3. Special Exceptions. Aspecial exception may also specifY and limit accessory uses and accessory buil~
Note 4. Park, Playground, Etc. In this district, a park, playground or community center may be privately or publicly owned.
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Certain Structures
Item Regulation
Swimming pools Maximumnumber
per building site
Tennis courts Maximum number
per buil~g site
.
All structures Height, maximum
See, also, Note 4 and
Article 8.
-
T~ble 7-5. Certain Structur~s
General Rule: Every structure must conform to 1he applicable regulations shown, by
District, in this table. ('Nt A:' means the role does not apply.) Exceptions/Special Rules:
(I) See special rules noted in table. (3) See PDD Schedules for Planned Development
Districts.
One. SeeNotel.
See NtA
Note 2.
One (mayonIy be a private tennis
court). See Note 1.
Note 1.
35 ft.
See
Note
3.
Tennis Courts.. Swimming Pools in SF District. Each tennis cOurt in a SF District must: (i) be a private accessory structure for a single building
site, (ii) b,e used for residential purposes only, (iii) be open tothe sky, but enclosed and screened to a height of at least eight feet on all sides, and
(iv) never be lighted for play. Each swimming pool in an SF District must be a private accessory structure for a single building site and used for
residential purposes only.
Swimming Pools, Tennis Courts In TH District. The ZBA may issue a special exception for a tennis court ora swimming pool if the ZBA finds
that the proposed facility will not create a drainage or noise problem and will not cause a significant increase in traffic on nearby streets. Tennis
courts and swinuning pools must comply with the tennis court and swimming pool regulations in the SF Districts. See Note 1.
Height in C District. In 1he C District, no part of any structure (except a fence) may be higher than 1he horizontal distance from that part to the
nearest part of an SF District
An ordinary utility pole owned by a franchisee of the City may be uo to 43 feethigh, if the buildine official certifies tba.t. h additional h"i.,ht is.
necessarvto separate wires of different VO~ and capacities from each other and from the ltrOUnd. aoolvim!: standard technical ~ and utilitv
safety RUidelines.
25 feet. But see "Buildings" table for certain building height limits.
Note 2.
Note 3.
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claim would require an amendment to this Ordinance.
(f) Confidentiality. A claimant may request that information provided to the City under this
section be held confidentially by taking these steps: (i) marking the information clearly and
providing a second copy of each affected document from which the marked information has been
obliterated, and (ii) providing an explanation of why the information should be kept confidential.
The City shall not release any information claimed to be confidential unless required to do so by
Chapter 552, TEX. GOV'T CODE or other controlling law. For good cause shown, the ZBA may
provide for confidentiality in its proceedings, also subject to Chapter 552, TEX. GOV'T CODE.
(g) Effect of Endorsed Notice. In any proceeding to enforce some specific part of this
Ordinance, it is an affirmative defense that: (i) the alleged violation falls within the scope of the
premises and activities (and the specific part of this Ordinance) mentioned in a notice filed under
this section, and is carried on by the persons identified in the notice, if identity is relevant; (ii) the
notice was endorsed as contemplated by this section before the violation occurred; and (iii) any
conditions imposed by the endorsement were fully complied with.
Section 8-113. Utility Or Service Uses.
The ZBA may issue a special exception to authorize a non-complying activity, structure or
site for a complying utility or service use, in any district, if the ZBA finds that: (i) the proposal is
both necessary and reasonable, (ii) it will not unduly alter the character of the immediate
neighborhood and (iii) it will not unreasonably interfere with sight lines or other safety factors. An
affirmative defense may also apply to City-controlled conditions or activities under Article 6. ~
PWSF Schedule. not this section.. applies to PWSF Uses.
Section'8-114. Bonndal' Aleas, Other Municipalities.
(a) ..L11urpMes. The. pmposes oftbis section me. (i) to prevent unregulated "slijps" Of
"goles" pantllel to municipal boundalios, and (ii) to encourage coopcmtion with otheI
municipa11ties.
(b) Recognizing Al~as Outside City. In thuse cases where legtdattons rot a ~ven site ate
based on the uses (. or zoning status) of area mIl oundi~ the sito, the uses (. and zumllg status) of all
the sunounding mea shaH be given effect, e'V'en ifpart of the sunounding Mea lies ontside the City.
F01 this pnIpose, an)' area assi,gl1ed to a zunmg distIict h, anothel municipality shaH be lecogrnzed
as jfitwere within the .rollin~ distlkt ofthi.s CitJ1 most neMly resemblin~ the zoning mstlict
assigned by the other ffiuI1icipctlity.
(c) Othel ';"vfmltcipalities. The Building Official is authorized to make arrangements with
other municipalities for cooperation in administration, enforcement and exchange of information,
both routinely and in cases of zoning amendments and discretionary approvals,
Cd) Oniincmces Afftcted. This section applies toregtdatioos in this OImnance 01 in
ordinances mentioned in this Ordinance. Nothi:n~ i11 this section shaH be constmed as an attempt to
regulate plOpert)' outside this City.
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any variance, the applicant and the ZBA must comply with state law and this article.
(b) Special exceptions. The ZBA may issue special exceptions only in those instances
specifically allowed by this ordinance. In connection with the issuance of any special exception, the
applicant and the ZBA must comply with this article.
Section 11-101. Procednres.
(a) Pre-l1J!plication briefin'l This subsection only ~p.plie~ to' (1) ::Ipp1i~::Iti(m'} for spedal
exceptions referred to in Table 7- Land (iD other aRplications which the bnildinv offici::l1 neterminpl;!
could have a significant effect upon nearby pro.Qerties Before filing ~llch ::In ::Ipp1i~::Ition thp
applicant must give notice and conduct a public briefin~ Notices must he mRileci to' {it ::111 oume-rs
ofpropertv located in whole or in part within 200 feet of the site (ji)::IlI riff ntillty r::ltppl'lyers for
premises located in whole or in. pm"! within 2ilil fpp.t of thp <;:itp (iii) the City Secr.etary. :mg (iv) the
building official. Notices must be mailed no later than the 1 Othnl'l~ pre~enin~ the tll'ltp of the
briefing. The briefing must be open to the public and held wiI:hin. one mill" of thp <;lit/' ,A t the.
briefing. the applicants must: (i) describe the proposed ~tmctllre~ l'Intlll~p'q thp l'lpl?li~l'ltion
documents and theap-plication process (ii) describe the. ",o~~ihle ::Iltem::ltive )o~l'ltionji1 and desi~
and state why thev were rejected. (ill) solicit sUiiestions fi:om per~on~ ::It the m/,p.tin~ l'lntt (1V) keep
detailed written minutes showin~ the' names and addressees of all peT!U)n~ noti-nptl l'lll l'ltte-ndeei alia
a synopsis ,of the matters discussed
(JiJ.w Application. The applicant for a variance or a special exception must submit to the
ZBA all of the following:
(1) A written application signed by the owner of the hnil~ site in question aa4
the proposed operator if different F.r.cpptinn' The hlliMing offl.dal ~
waive or modi(y this reQ.Jlirement fi:u:. pllhl,dy-ownetl jQint1y-o'~lUed or ~
sites. This application must identifY the specific provision of this ordinance
from which a variance is requested or the specific provision which authorizes
the special exception requested, as the case may be. The ZBA may prescribe
the form of the applications.
(2) Proof of ownership in a form satisfactory to the ZBA.
(3) A plat prepared by a registered public surveyor showing the building site in
question, areas adjacent to the building site, existing structures and proposed
structures. If substantially the same information is shown on any plat required
by Chapter 20 of the Code of Ordinances, such plat may be accepted by the
ZBA.
(4) If requested by the ZBA or the building official, a traffic and parking analysis
conforming to requirements as to scope, format and authorship as may be
prescribed by the ZBA or building official.
(5) Such other materials and information re-qlJired ~this or.dmallCe {)l;:..fequested
by the ZBA or the building official.
(6) The:filing fee for the type of application question.
( c) Third-party reviews If reQJlired hy the hnildinr offir.1::11 or thp 7R A the- applkatiou. may.-
be submitted to a third-partY commlt::lnt ~dvi~or or eypert TTn)p<i!l;! othpn~rise pteicribed by the-
building official or the ZBA.. the cost of such review mnst b.c..pHin ~the Hpp1i~l'Int in l'ltl"::In~p Sllch
review conld q~ reqnested to re~olve tpr.hnir.l'll or rp8Jl)atory ~ssues raiied ~heap~\:atioo..
including: (i) accuracy and conwleteness of appHc::lfion~ (ii~ ::In::J1y~i~ fpr.hniqllp<i! l'lnd metbodolo8ies,
(iii) validity of conclusions reached (iv) other technic::!) or rPgJll::1tory jql;!lJes TO pfo'dde time for
such review. any hearing may be postponed or continued
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