HomeMy WebLinkAboutORD 1253 - ORD Relating to Off- Street Parking and Related Matters
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ORDINANCE.NO~ 1253
AN ORDINANCE RELATING TO OFF-STREET PARKING AND ,RELATED MATTERS;
AMENDING THE ZONING ORDINAN~E;PRESCRIBINGA PENALTY; AND
CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE. SUBJECT.
WHEREAS, by the passage of Resalutian Na. 85-24, the City Cauncil
of the City .of West University Place, Texas ("City") submitted certain
prapased amendments ta the zaning .ordinance .of the City ta the City's
Zaning and Planning Cammissian' ("Z&P Cammissian");
WHEREAS, the Z&P Cammissian has studied such amendments and has
developed draft .ordinances containing such amendments;
WHEREAS, by the passage .of Ordinance Na. 1249 an December 9, 1985,
the City Cauncil called a jaint publichearing.an the prapased ,
amendments befare bath the Ci ty Caunei 1 and the Z&P, Cammi ss i an, and
notice of such hearing was duly given by the City in accordance with
the requirements .of said ordinance, which'are incorparated inta this
paragraph by this reference;
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WHEREAS, the jaint public hearing was duly canvened and held an
January 7, 1986, and all parties in.' interest and citizens were pravided
an appartunity ta be heard, and many,persans appeared and addressed the
City Council and the Z&P Cammissian at that time;
WHEREAS, the Z&P Cammissian has prepared and delivered a repart ta
the City Cauncil, a capy .of which is included in the minutes .of the
City Cauncil, in which theZ&P Commissian recammends the adoptian .of
said amendments ta'the zaning .ordinance; . , r. '.,: .,
WHEREAS, the: City Cauncil 'has careful.1y: considered the: infarmatian
available ta it, including the infarmatian pravided at the jaint public
hearing a~d in t~~ repar~,af the Z&P Cammissian;
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WHEREAS~ ,the: City Cauncill des:ires ta adopt such amendment in the
farm recammended by the Z&P Cammissian,:-: and the' City Council. hereby
finds that all necessary predicate acts have been duly perfarmed and
that th~City Cauncil has, jurisdictian,,: pawer, and, ci'uthority; ta adapt
such amendment;
NOW" THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE: CITY OF; WEST VNIVERSITY
PLACE, TEXAS:
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Sectian 1. Ordinance Na. 111, as amended, .of the City (the
"zaning ardinance"},i~ hereby amended by adding thereta a new Sectian
34 whi,ch' shall read ;:n'its entirety as set aut in Exhibit A, which is
attached hereta and incarparated herein by this reference for all
purpases.
Sectian 2. This .ordinance applies .only ta vialatians cammitted an
.or after its effective date, and a vialatian cammitted befare the
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effective date is governed by the ton'?ing ordinance existing before the
effective date. The zoning ordinanc~existing before the effective
date is hereby continued in effect for such purpose as if this
ordinance were not in force. For purposes of this section, a violation
is committed on or after the effecti~e date of this.ordinance if any
element of the violation occurs on o~after the effective date.
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Section 3. If any word,'phrase~ clause, sentence, paragrapb,
section or other part of this ordina~ce, or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the applicatiori of such word, phrase, clause,
sentence, paragraph, section orothe~ipartof this ordinance to any
other persons or ci rcumstances sha 11 not be effected thereby.
Section 4. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of tHe conflict only.
Section 5. .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 Open
Meetings Law, TEX. REV. CIV. STAT. ANN~ art. 6252-17, 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 D'I
contents and posting thereo~.
Section 6. This ordinance,takes effect on the tenth day following
its publication, as required by Section 2.12 of the City Charter.
PASSED AND APPROVED ON FIRST READING 20th day of JANUARY
19 86.
Councilmembers Voting Aye: Mayor Parks, Councilmembers Higley,
Bryan, Cummings,~Schwartzel
Councilmembers Voting No: None
PASSED AND APPROVED oN SECOND AND FINAL READING THIS lOth
day of FEBRUARY, 19 86 . -----
Councilmembers Voting Aye: Mayor Parks, Councilmembers Higley,
Bryan, Cummings, Schwartzel
Councilmembers Voting No: None
Michael L. Parks, Mayor
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ATTEST:
Audrey Nichols
Ci ty Secretary
(Seal)
APPROVED AS TO FORM:
James L. Dougherty ,Jr~
City Attorney
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Exhibit A
(Relating To Off-Street Parking)
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Section 34. OFF-STREET PARKING
(a) Minimum Requirement. There shall be provided at the time
any building or structure is erected or structurally altered, except as
provided elsewhere herein, off-street parking spaces in accordance
with the following minimum requirements:
(1) Residential buildings: Two parking spaces per dwelling
unit for all types of dwelling units, including but not limited to
single-family, two-family, duplex, apartment and townhouse units.
As used herein, a dwelling unit is a single room or group of rooms
containing complete living facilities for one or more persons,
including provisions for living, sleeping, eating, cooking and
sanitation.
(2) Church or place of worship: One parking space for each
three seats in the main auditorium.
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(3) Community center, library, school or museum: Ten
parking spaces, plus 3.33 additional spaces for each 1,000 square feet
of floor area in excess of 2,000 square feet.
(4) Health care facilities: the greater of one space per
bed or,one space per employee on the maximum work shift.
(5) Theatre or auditorium: the greater of: (i) one space
for each four seats or bench seating spaces or (ii) 1.5 spaces for
each 1,000 square feet of floor area plus one for each employee on the
maximum work shift.
(6) Business or professional office, physical fitness
facilities, studio, gallery, bank, medical or dental clinic: five
spaces for each 1,000 square feet of floor area, but not fewer than
three spaces.
(7) Restaurant, club, cafe or similar recreation or
amusement establishment: the greater of: (i) one space for each three
seats for the general public, or (ii) 3.33 parking spaces for each
1,000 square feet of' floor area.
(8) Grocery stores, including drive-in groceries: ten
spaces for each 1,000 square feet of floor area.
(9) Other retail stores and personal service
establishments: 3.33 spaces per 1,000 square feet of floor area.
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Exhibit A
(Relating to Off-Street- Parking)
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(10) Public utility buildings, research or testing
laboratories, or warehouses: One parking space for each three
employees on the maximum working shift, plus space to accommodate all
trucks and other vehicles used in connection therewith.
(11) Shopping centers: . The following requirements apply to
all shopping centers with at least 25,000 square feet of floor area,
and these requirements shall control over any inconsistent provisions
set out above.
(i) Shopping/centers with floor areas of ' at least
25,000 square feet but less than 400,000
square feet shall have at least four spaces
per 1,000 square feet.
(ii) Shopping centers with, 400,000 square feet
offloor'area or more shall have at least 4.5
spaces for each 1,.000 square feet.
(iii)
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(iv)
(v)
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(vi)
If business or pr'ofessional office space
exceeds ten percent of the total floor area of
the center, there must be at least three
additionalspace~ for each 1,000 square feet
of office space in excess of ten percent of
the total.
If a shopping center with less than
100,000 square;feet of floor area, includes a
t~eatre' occupying ten percent or less of the
total floor area of the center, there must be
at least three additional 'parking s,paces for
each 100 seats or bench seating spaces in the
. theatre~ .If theatre space occupiesmor~ than
ten percent o~ the total. floor area, the seats
. are apportioned, on a square foot basis such
that one portion corresponds to ten percent of
the total floor area and the other portion
corresponds to theatre area in excess of ten
percent. For the ten-percent portion, there
must'be at lea~tJthree additional parking
spaces fOFeach'100 seats, and for the portion
in excess of ten percent there must be at
least 25 additional spaces for each 100 seats.
If a shopping center with at least 100,000,
but less, than 200,000,square feet of floor
area has a theatre,there,mustbe at. least
three, .additiona.Jparking spaces for each 100
theatre seats or, b,enchseating spaces in the
theatre in excess of 450.
If a shopping center with 200,000 square
feet or more of floor area has a theatre,
there', must be .at- least: three: add,i t-i ona 1
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Exhibit A
,(Relating to Off-Street Parking)
parking spaces for each 100 theatre seats or
bench seating spaces in excess of 750.
If a shopping center with leis than 100,000
square feet of floor area includes any food
service space, there must be at least ten
additional parking spaces for each 1,000
square feet of food service space.
If a shopping center with 100,000 square feet
of flberarea or more includes any food
service space, there must be at least six
additional parking spaces for each 1,000
square feet of food service space.
(12) Others. The parkingospaces required for a use not
-specifically mentioned herein shall be ten spaces for each 1,000 square
feet of floor area.
(vi i)
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(vi i i)
(b) Computation Rules. In computing the number of such parking
spaces required under this section, the following rules shall govern:
(1) "Floor area" shall. mean the, gross floor area of the
specific use.
, (2) Whenever a building or use constructed or established L"iJ
after the effective date of this section is changed or enlarged in
floor area, number of employees,number of dwelling units,seating
capacity or otherwise, to create a need for an increase of ten percent
or more in the number of existing parking spaces, such spaces shall be
provided on the basis of the enlargement or change. Whenever a
building or use existing prior' to the effective date of this section is
enlarged to the extent of fifty percent or more in floor area in the
area used, such building o~ use shall then and thereafter comply with
the parking regulations as set forth 'herein.
, (c) Minimum Dimensions. The minimum dimensions for
off-street parking shall be:
,(1) Ninety-degree angle parking.
not be less than nine'feet wide and not less
length. Maneuvering space shall be not less
breadth.
Each parking space shall
than eighteen feet in
than 23 feet in length or
(2) Sixty-degree angle parking. Each parking space shall
be not less than nine feet wide perpendicular to the parking angle and
not less than eighteen feet in length when measured at right angles to
the building or parking line. Maneuvering space shall be not less than
eighteen feet perpendicular to the building or parking lines.
(3) Forty-five degree angle parking. Each parking space
shall be not les~ than nin~ feet wide perpendicular to the parking
angle and not less than eighteen feet in length when measured at right
angles to the building or parking lines. Maneuvering space shall be
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Exhibit A
(Relating to Off-Street Parking)
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not less than fifteen feet perpenditular to the building or parking
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(4) Facilities adjacentHto public alleys. When off-street
parking facilities are located.adjacentto a public alley, the width of
such alley may be assumed to be a portion: of the maneuvering space
requirement.
(5) p,rivate walks. A private walk,.if provided adjacent to
a business building, shall be not less than five feet in width and
shall be in addition to the minimum requirement for parking and,
maneuvering space herein required~
(d) Location of Parking Spaces.
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(1) All parking/spaces required by this section shall ;be
located on the same lot with,the bui'lding or use served, within the
property lines, except that where an increase in the number of spaces
is required, by a change or enlargement of use Qr where such spaces are
. provided collectively or used jointly by two or more.buildings or.
establishments, the required spaces may:be located not to exceed 300
feet from the buildings served.
(2) Up to fifty percent of the parking spaces required for
theatres, private clubs or cafes, and all of the parking spaces
required for churches or school auditoriums, may be provided and used
jointly by banks, offices, retail stores, repair shops,'service
establishments and similar uses not normally open, used or operated
during the same hours as the establishments sharing their parking
spaces. This provision does, not apply to establishments in shopping
centers with at least 25,000 square feet:of f.loor area.,,'
(e)c: , Loadi ng Spaces~ ': Every. bui 1 di n9 or part thereof: erected or
occupied in any non-residential djstrict shall provide and maintain
on the same premises adequate:loading spate for the-operation of the
business, separate and apart from theoff-street~parking:spaces
specified in this section. In determining the amount and location of
loading spaces, the building official shall take into account the type
of use of the premises and the types of vehicles likely to be used to
serve the premises. In all cases, the loading areas must be
proportioned and located to eliminate the possibility that a service
vehicle would be required to obstruct a street or sidewalk while
loading or unloading.
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Exhibit A
(Relating to Off-Street Parking)
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(f) Residential Areas.
(1), The parking.orplacing of,any motorvehi~le or parts
thereof on any lot within a,residential district, except on the
improved driveway on such lot.or!in the garage located on such lot;
shall be unlawful.
(2) The permitting, leaving,.or the act of allowing the
placing or parking of any.motor vehicle, or parts thereof, on any lot
within a residential district, I except on an improved driveway on such
lot, or in the garage located on such lot"shall be unlawful.
(g) Handicayoed Provisions. ,~ach property owner or. other
person who contro s property used for parking shall designate spaces or
parking'areas for the exclusive use of vehicles transporting
temporarily or permanently disabled persons and shall conform to the
identification and dimensionrequirementsrefer~ed to in.TEX. REV.
CIV. STAT. art. 6675a-5e.l when so designating spaces or areas.
Section 10 of such statute shall apply to any.such space or area
designated in compliance with the 'identification requirements mentioned
above. The number of spaces or areas so'designated shall be at least
the number specified by state and federal guigelines on such matters,
as determined by the building official :of the City.
(h) Bu 11 di no and Occuoancv. Permits. The bu i 1 di ng offi cia 1 of
the City shall show on each. building' permit and each occupancy permit
the fo 11 owi ng :
(1) each occupancy covered by the permit designated as set
out in the building code, and
(2) each use covered by, the permit, designated as set out in
this section, including the units of measurement for each such use qnd
the number of required parking spaces corresponding to each such use
and units of measurement.
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