HomeMy WebLinkAboutOrd 111 - zoning regulations
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ORDINANCE NUMBER / / /
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AN ORDINANCE ESTABLISHING ZONING REGULA-
TIONS AND DISTRICTS IN :ACCORDANCE WITH A
COMPREHENS IVE PLAN, AND REGULATING AND RE-
D ISTRI CTIN G THE HEIGHT, NUMBER OF STORIES,
TYPE AND CHARACTER OF CONSTRUCTION OF BUILD-
INGS AND OTHER STRUCTURES; THE PBRCENTAGE
OF LOT THAT MAY BE OCCUPIED; THE SIZE OF
YARDS, COURTS AND OTHER OPEN SPACES; THE
DE1fSITY OF POpmLATION; THE LOCATION AND USE
OF BUILD lliGS, STRUCTURES AND LAND FCR TRADE
INDUSTRY, ,.RESIDENCES AND OTHER PURPOSES;
DIVIDING THE CITY OF WEST UNIVERSITY PLACE
INTO DISTRICTS AND REGULATING AND RESTRICTING
THE ERECTION, CONSTRUCTION, RECONSTRUCTION,
ALTERATION, REPAIR OR USE OF BUILDINGS,
STRUCTURES OR LAND WITHIN' SUCH DISTRI ers,
AND PROVIII NG UNIFORM REGULATIONS FOR THE
SEVERAL CLASSES OR KINDS OF BUILDINGS OR
STRUCTURES, TYPE AND CHARACTER OF CONSTRUC-
TION, AND USES WITHIN THE RESTRICTIVE DIS-
TRICTS; ADOPTING A ZONING MAP DISCLOSING
THE SEVERAL DI3rRIarS AND USE AREAS AND THE
RESTRICTIONS AND LIMITATIONS AND PROVISIONS
APPLI CABLE TO SUCH D ISTRI CT S AND AREAS;
PROVIDING FOR A BOARD OF ADJUSTMENT AND DE-
FINING THE POWERS OF S>>'IE; PRJ,i.:SCRIBING A
PENALTY FOR VIOLATION OF THIS' ORDINANCE; AND
DECLARING AN E1\illRGENCY. .
WHEREAS, the City of West University Place is a
residential Suburb of the City of Houston, Texas, and the
greater part of property within its limits has been res-
tricted for private residence purposes by the owners there-
of, 'and
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WHEREAS, the street, sewer and water systems of.
the city have been designated and constructed to take care'
of such limited use of the land therein, and would prove
inadequate for a more congested use, and
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WHEREAS, there'.is..D.9 property within the corporate
limits of the City available for industrial, manufacturing, or
commercial uses, and the land available for trade or business
uses is limited as is the, demand for such use, and
WHEREAS, it is the desire of the residents of City
of West University Place and the Council thereof, to preserve
the present residential character of the City and the public
improvements therein, to prevent congestion and to promote and
provide for the health, safety, convenience, comfqrt and general
welfare _ of the citizens thereof, and
WHEREAS, by the provisions of Chapter 28.3, p~ge 424,
of the General and Special Laws of the State of Texas, passed by
the Fortieth.Legislature in 1927,and known' as House Bill #87,
(Articles IOlla et seq.) authority is conferred upon cities and
incorporated villages to pass zoning regulations granting full.
power to said cities and ~ncorporated villages; providing for the
creation of districts; declaring purposes in view; providing for
the method of pr~cedure; providing for certain changes; prOViding
for a canmission; providing for a board of adjustment; providing
for its powers and duties; providing certain methods of enforee-
ment and remedies; providing certain exceptions; providing the
method to be followed in case, of conflict with other laws; pro-
viding for the validity for all parts of the law not declared un~
cansti tutional, and declaring an emergency, and
WHEREAS, heretofore to-wit, on the Februarv lst. 1937.
in accordance with the said Laws of the State of If'exas, the Board
of Commissioners of the City of West University Place did appoint
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a Zoning Commission for the City and said Commission has recom-
mended the boundaries of districts and appropriate zoning regu-
lations to be enforced therein, and public hearings have been
held at which all owners of property in the City of West Univ-
ersity Place were given rumple and sufficient opportunity after
public notice by advertisement in the Houston Press, the
official publication for the City of West University Place, to
file protests and criticisms, and
WHEREAS, the districts and regulat;ons recommended
by the said Zoning Commission have been made in accordance with
a comprehensive plan for the purpose of promoting the health
safety, morals, and general welfare of the City of West Univ-
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ersity, Place; lessening congestion in the streets; securing'
safety from fire, panic and other dangers; providing adequate
light and air; preventing the overcrowding of land; avoiding
the undue concentration of population; facilitating the ade-
quate provision of transportation, water, 'sewerage, schools,
parks and other public improvements, and for the purposes of
preserving the residential character of the use of land within
the City and conserving and encouraging the use of lands and
buildings ther~on within the city of their suitability for par-
ticular ~rposes, and has taken into consideration, among other
t!f.ings, the character of the districts and the peculiar suita-
bility for the particular uses.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF WEST UNIVERSITY PLACE:
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SECTION 1, DISTRICT & ZONE MAP
Zoning regulations and districts as herein set forth are
approved and established. The City of West University Place is here-
by divided into two classes of Districts, termed respectively:
Single Family Dwelling Districts and Retail Business Districts, all
as shown on the Zone Map which accompanie s the Ordinance and is here-
by declared to be a part hereof. The Districts designated on said
Zone Map are hereby established. All notations, references and other
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information shown on such Zone Map are hereby declared to be a part
thereof and hereof, except as hereinafter providedl or where in con-
flict with the provisions of this Ordinance, in which event the pro-
visions of the Ordinance shall control. No building or premises
shall be erected or used except in conformity with the regulations
herein prescribed for the respective Districts in which such build-
ing and premises are located.
SE.Q~JQN 2. DEFINITIONS
Certain words in this Ordinance are defined for the
purpose hereof as follows:
(1) Words used in the present tense include the future;
words in the singular number include the plural number, and words
in the plural number include the si~gular; the word "Building"
includes the word "Structurefl;the word trLot" includes the word
"plot"; the word "Shall" is mandatory and not directiona'ry.
(2) Alley: ~ public thoroughfare not over 20 feet wide.
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(3) Accessory: A subordinate use or building customarily
incident to and located on the lot occupied by the main use or
buildingEi1i
(4) Apartment: A room or suite of rooms in an apartinemt
house arranged, designed, or occupied as the residence of a single
fa~ily, indi vidual, or group of individual s.
(5) Apartment House: A building or portion thereof, arrang-
ed, designated or ':occupied by three or more families living 1ndepend-
. ~ntly of each other.
(6) Depth of rear yard: The mean horizontal distance be-
tween the rear line of a building other than an accessory building
and the rear lot line.
(7) Depth of Lot: The mean horizontal distance between
the front and rear lot lines.
(8) District: A section of the City of West University
,Place for which the regulations governing the area, type, construe-
tion height, or use of buildings are uniform.
(9) Family: A family is any number of individuals living
together as a single housekeep:ing unit.
(lO) Front Yard: An ope,n, unoccupied spa.ce on the same
let with a build:ing between the build:ing and a street line of the
lot.
ell) Gross Floor Area: The gross floor area shall be
measured by taking on tside dimensions of the building at each floor
,level excl~ng however, the floor area of attaehed garages, open
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or screened pDrches, beasments or attics not used for residence
purposes.
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(l2) Height: The height of a building or portion of a
building shall be measured from the average established grade at
the street lot line or from the average natural ground level if
higher, to the highest point of the roof's surface if a flat
. surface; or to the deck line of mansard roofs; or to the mean
height level betwe"'en eaves and ridge for hop or gable roofs. In
measuring the heigp.t of a building, the following structures
shall be excluded; chimneys, tanks, water towers, radio towers,
ornamental coupolas, domes or spires, and -parapet walls not ex-
ceeding four feet in height.
(l3) Let: Land occupied or to be occupied by a building
and its accessory buildings, and includihg such open spaces as
are required under this ordinance, and hav:ing its principal
frontage upon a public street or officially approved place.
(l4) Lot, Corner: A lot situated at the junction of two
or more streets, and having a width not greater than l50 feet.
(15) Lot Lines: The lines bounding a lot as defined herein.
(16) Nonconforming Use: A building or premises occupied
by a use that does not ^conform to the regulations of the Use Dis-
trict in which it is situated.
(,l7) Single Family Dwelling: A detached building baving
accommodations for and. occupied by only one family.
(l8) Open Space: Any unoccupied space on the lot that is
open and unobstructed to' the' sky and occupied by no building
whatever.
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(19) Place: An open, unoccupied space reserved for pur-
poses of access to abutting .property.
(20) Private Garage: A garage ~ith capacity for not more
than three motor-driven vehicles, far' storage only, for private
use, and in which not more than one space shall be rented to
persons not occupants of the premise~. Of. the vehicles allowed
as necessary to a dwelling not more than one shall be a commer-
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cial motor-driven vehicle. A private garage may exceed a three
vehic1e capacity, provided the area. of the lot whereon such pri-
vate garage is ta be located shall contain not less than 2500
square feet for each vehicle stored.
(2l) Public @arage: Any premises not a private garage
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as above defined, us ad f9r housing or care of more than three
motor driven vehicles, or where any such vehicles are equipped
for operation, repaired, or kept for remuneration, hire or sale.
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(22) Rear Yard: A space, unoccupied except by a building
of accessory use, or hereinafter permitted, extending for the
full width of. the lot between a building other than a huilding'
of accessory use and the rear lot line.
(23) Side Yard: An open unoccupied space on the same
lot with a building situated between the build:ing and the said
line of the lot and extending through from the street or from
6the front" yard or to the rear line of the lot. Any lot line
not a rear line or a front line shall be deemed a side line.
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(24) Street: A public thoroughfare more than 20 feet wide.
(25) Story: That portion of a building included between
the surface of. any floor and the surface of the floor next above
it, or if there be n.o floor above it, then the space between such
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floor and the ceiling next ~bove it.
(26) story, Half: A story having an average height of
not more than eight feet covering a floor area of not more than
75 per cent of the area of the floor on tile first story below.
'(27) Structural Alterations: Any change in the supporting
members of a building, such as bearing walls, columns, beams or
girders.
(28) Two Family Dwellings: A detached dwelling arr.anged,
intended or designed to be occupied by two families living inde-
pendently of each other.
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between a. side wall of a building and the side line of the lot.
(30) Square Foot Dimensions:. The outside width of a build-
"ing multiplied by the ou tside length of the building; excluding
attached garage, the attic, basement, open chr screened porches.
If the building be of two storeis the result should be multiplied
by 2; if o~ three stories the result should be multiplied by
3, etc.
(3l) Brick, Brick Veneer or stucco: By this term is meant
a building, of which 5l% or more of the exteri or surfaces are
constructed of brick veneer, solid brick, ho~low tile, stone, con-
crete, marble, glass or a combination of any of these materials.
SECTION 3
USES AND BUILDINGS IN SINGLE-FAMILY DWELLING DISTRICTS
In a single family dwelling district, no building or
premises shall be used and no building shall be erected or struc-
turally altered which is arranged or designed to be used for other
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than one or more of the following uses; except as otherwise
specifieall.y provided in this ordinance:
(1) Single -family dwelling.
(2) Central office buildings of corporations, firms
or individuals engaged wi th furnishing of tele-
. phone services to the pub~ic or {{Jtj eqp.ipment
~. in connection with such buildings or a part of
said telephone system, necessary in the furnish-
ing of telephone services to the publ:in. No
public business office and no repair or storage
facilities shall be maintained.
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(3) Accessory buildings, including one pr>ivate garage
when located not less than 75 feet back from the
front lot line, and not less than 10 feet back
from any street line, and 3 feet from any lot line,
or located in a compartment as an integra~ part
of the main building and not less than 10 feet
from any s t:eeet line and 3 feet from any lot line;
and, also including room or rooms 'for the use 'of
servants employed on the premises.
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(4) Uses customarily incident to any of the above uses
when located upon ,the same lot and not involving
the conduct of a business; including customary
home occupations engaged'in by the office of a
physician, surgeon, dentist, musician, or arti~t
when situated in the same dwelling used by such
physician, surgeon, dentist, musician or artist as
his or her private dwellfng; provided no name place
exceeding one square foot in area, containing ~he
name and occupation of the occupant of the premises,
and' nrl> sign exceeding eight square feet in area
appertaining to thelaasa, hire or sale of a build-
ing or premises; and no commercial advertising
sign of any other character shall be permitted in
such a dwelling district.
SECTION 4
ADDITIONAL USES AND BUILDINGS
IN SINGLE-FAMILY UliELLING DISTRICTS
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Ther.e shall be permitted the uses, construction and erec-
tion of buildings or premises, or the structural alterations
thereof, for one or mor e of the following us es, and none other:
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SECTION 5
RETAIL BUSINESS DISTRI ars
In the retail business districts no building or
premises shall be used, a;nd no building shall be erected or
. structurally altered, which 'is arranged or designed to be used
for other than one or more of the following us es :
(l). A use permitted in-any of the single-family
dwelling districts.
(2) Bank; office; studio; wholesale sales office
or sample room; ice delivery station, bus
station.
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(3) Retail store or shop' for custom work or the
making of articles to be sold at retail on the
premises; restaurent; theater; moving picture
show.
(4) Gasoline filling station;. public garage; mor-
tuary.
(5) School; college; library.
(6) Private'ClUb.
(7) Bottling works; ice cream manufacture; cold
storage plant; dry cleaning; dyeing.
(8) Job printing; newspaper printing.
(9) Two-family dwelling.
)10) Private club, excepting a club the actiirities il
of which is a'service customarily carried on l_J
as a business.
(ll) Nursery; greenhouse.
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(12) Apartment house; boarding or lodging house.
(l3) Institutions of an educational or philanthropic
nature, other than a penal or correctional
ins ti tut ion.
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(14) Hospital or clinic other than for 'tubercular,
liquor, narcotics, insane or feeble minded
patients.
(15) Any use not included in any other class,
providing such use is not noxious or offensive
by reason of the emission, of odor, dust, smoke,
gas, fumes, nois~, or vibration.
SECTION 6
SqUARE-FOOT DIMENSIONS OF DWELLINGS
IN FJRSTSINGLE-FAMILY DWELLING DISTRICT
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The dimensions of the main building in the first
single-family dwelling district, hereafter erected, shall
not be less than l600 square feet.
SECTION 7
SQUARE-FOOT DIIVIEN SIONS OF DWELL I NGS
I.N SECOND SINGLE-FAMILY DlJv'"ELLING DISTRIGr
The dimensions of the main building in the second sin-
gle family dwelling dis triet, hereafter erected, shall not be
iess than l400 square feet.
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SECTION 8
SQUARE FOOT D :ITv1ENSIONS OF DWELLINGS IN
THJRD SIN GrE-FAMILY DWELLING DIsrRI2L-
The dimensions of the main building in the third sin-
gle f~ily dwelling district hereafter erected shall be not less
than 1250 square feet.
. SECTION 9
SQ,UARE FOOT'DIMENSIONS OF DWELLINGS IN
" FOURTH SINGLE FAMILY DVVELLING DISTRla.r
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The dimensions of the main builcling in the fourth
single-family dwelling district, hereafter erected, shall ,
not be less than l400 square feet.
SECTION l'O
SQ.UARE FOOT DIIvIEN SIO:NS OF DWELLINGS IN
FIFTH SINGLE-FAMILY DWELLING DlSTRICT
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The dimens ions of the main building in the fifth sin-
gle family dwelling district, hereafter erected, shall not be'
less than lIOO square feet.
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SQUARE FOOT DIMENSIONS OF DWELLINGS I.N
SIXTH SIlfGLE-FAMILY DWELLING DISTR roT
The dimens ions of the main building in the sixth single
family dwelling district, hereafter erected~ shall not be less
than l200 square feet.
SECTION l2
SQUARE FOOT DIMENSIOliJS OF DWELLINGS IN
SEVENTH SnrGtE-FAMILY DWELLING DISTRlor
The dimensions of tl1e main building in the seventh
single-family dwelling district, hereafter erected, shall not be
less than l300 square feet.
SECTION l3
SQUARE-FOOT DIMENSIO:HS OF DWELL I :OO-S IN
EIGHTH SINGLE-FAMILY DWELLI NG DI STRICT
The dimensions of the main building in the eighth
single-family dwelling district, hereafter erected, shall not
be less than 1000 square feet.
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SECTION 14
TYPE OF CONSTRUCTION OF BUILDINGS IN
RETAIL BUSINESS 'DIsTRICTS
Every building hereafter erected, altered or enlarged
within retail business districts shall be enclosed on all
sides with walls constructed wholly of stone, burned brick or
reinforced concrete, and shall have the roof, also the roof
and sides of all roof structures, covered with incombustible
material. All cornices shall be of incombustible ma terial.
The purpose of this section is to prohibit the erection of
C.buildings in the retail business district of wood, ironclad,
stucco and veneer type.
&l:CTION 15
TYPE OF CONSTRUCTION OF DWELLINGS
IN FIRST SINGIE-FAMILY DWELLING DISTRICT
. (1) The main building in the first single-family dwell-
ing district, hereafter erected, shall be constructed of brick,
brick veneer or stucco, within the definitions of that term
herein above given.
(2) Accessory buildings may be constructed of brick,
brick veneer, ~stucco, wood or other materials.
SECTION l6
TYPE OF CON STRUCTION OF DWELLINGS
IN SEC CND SINGLE-FAMILY DWELLING .DISTRICT
(1) The main building in the second single-family dwell-
ing district, hereafter erected,sh,:a.ll be constructed of brick,
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brick veneer or stucco, within the definition of that term
hereinabove given.
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(2) Accessory buildings may be constructed of brick,
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brick veneer, stucco, wood or other materials.
SECTION 1'7
TYPE OF CONSTRUGrION OF DWELLINGS
IN THIRD SINGLE-FAMILY DWELLING DISTRICT
(l) The main building in the third Single-family dwell-
ing district hereafter ere~ted shall be constructed of brick;
q,rick veneer or stucco within the definition of that term herein-
above given, or of wood or other materials.
(2) Accessory buildings may be constructed of brick,
brick veneer, stucco, wood or other materials.
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SECTION l8
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TYPE OF CCNSTRUCTION OF DVVELLINGS IN
FOURTH SINGLE-FAMILY DWELLING DISTRICT
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(l) The main building in the fourth single-family dwell-
ing district, hereafter erected, shall be cons~ructed of br.ick,
brick veneer or stucco, within the definition of that term here-
inabove given.
(2) Accessory buildings may be constructed of brick,
brick veneer, stucco, wood or other materials.
SECTION 19
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TYPE OF CONSTRUCTION OF DWELLINGS IN
FIFTH SINGm-FAMILY DWELLING DI3rRICT
(l) The main building in the fifth single-family dwell-
ing di strict, -hereafter erected, shall be constructed of brick,
brick veneer or stucco, within the definition of that term here-
inabove given, or of wood or other materials.
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(2) Accessory buildings may be constructed of brick~
brick veneer,-stuceo, wood or other materials.
SECTION ~C))
TYPE OF C CN STRU CTION OF DViELLI NGS IN
SIXTH SINGIE~FAMILY DWELLING DISTRICT
(l) The main building in the sixth_.single-family dwell-
ing district, hereafter erected, shall be constructed of brick,
brick veneer or stucco,. within the definition of that term herein
above given~ or of wood or other materials.
SECTION 21
TYPE OF CONSTRUCTION OF DWELLINQ-S IN
SEVENTH SINGLE-FAMILY DWELLING DISTRICT
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(l) The main building in the seventh single-family
dwelling district, hereafter erect,ed, shall be constructed ef
brick, brick veneer or stucco, within the definition of that term
hereinabove given.
(2) Accessory buildings may ~e constructed of brick,
brick veneer ,stucco, wood or other materials.
SECTION 22
TYPE OF CONSTRO orION OF DWELLINGS IN
EIGHTH 51 NGLE-FAMILY DWELLING DISTRICT
(1) The main building in ihe eighth single-family dwell-
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ing district, hereafter erected, shall be constructed of brick,
brick veneer or stucco, within the definition of that term here-
inabove given, $CXJl of woed or other materials.
(2) Accessory buildings may be constructed of brick,
brick veneer, stucco~ wood or other materials.
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SECTION. 23
FRONTAGE OF IMPROVEMENTS
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The main building shall be constructed parallel with
the ,street on which the lot, as originally dedicated, fron ts.
SECTION 24
LOT COVERAGE IN A SINGLE-FAMILY
DWELLING DISTRICT
(l) FRONT YARD: There shall be a front yard along
each street line ef the lot. The minimum depth of a front yard,
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except along the side line of a c orner lot, shall be 30 feet;
provided that if 25 per cent of a block frentage is improved
wi th buildings the front :YRrd shall extend to the alignment of
.. such existing buildings, but in no case shall the depth of such
. yard be less than 20 feet. The minimum dep"th of a front yard
along the side line of a corne.!' shall be 5 feet.
(2) REAR YARD: There shall be a .rear yard along the
_ rear line of the lot. The minimum depth of such I' ear ya rd,
shall be 20 f&et.
(3) SIDE YARDt There shall be aside yard a,long each
line of the lot other than the front street line or ..a rear line.
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The minimum width of such s ide yard shall be five feet.
{4} LOT WIDTH::, The minimum average width of the lot
shall be 50 feet for a single-family dwelling.
( 5) LOT AREA : The minimum area of the lot shall be
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5000 square feet fer a single-family dwelling.
{6} HEIGHT: The height limit shall be two and one-
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half stories not to exceed 35 feet, except that any such build-
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ing 0r portion of a build:ing may be erected higp.er than 35
feet provided above such 35 foot limit such building or portion
of a building is set back from all required yard lines two feet
for each one foot of its height above such liijl.it.
SECTION 25
LOT COVERAGE IN A RETAIL
BUSINESS DISTRICT
, (1) OPEN SPACE: For a dwelling or two-family ,dwelling,
'the required open space shall equal ,40 per cent of the area of
the lot.
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SECTION 26
SPECIAL AREA REGULATIO NS AND EXCEPI'IONS
(1) VISION CLEARANCE: On any corner lot 'on which a
front yard is required by this ordinance no wall, fence or other
structure shall be erected and no hedge; shrub, tree, or other
growth shall be maintained in such lo cation within such required
front yard space as to cause danger to traffic by obstructing
the view.
(2) FRQ\lTYARD: A porch may extend not to exceed
lO feet into the front yard. Cornices or eaves of the main
building may project not more than 2 feet into the front y~d.
(3) SmE AND REAR YARDS: The space in a side or
rear' yard shall be open andunobstructed except for a porte -
cochere and the ordinary projections of window sills, belt
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. cources, cDrnices,' eaves and other ornamental features,. A
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building and any accessory building erected on the same lot
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shall for the purpose of side and rear yard requirements be
considered as a single building, except- that a private garage~
or other accessory building not over 25 feet in hei€pt may
occupy not to exceed 40 per> cent of the rear yard area.
{4} AREAS NOT TO BE DJIlINISHED: -The lot, open space,
or yard areas; required by this ordinance for a 'partii.cular
building shall not be diminished and shall no t be included as
a part of the required lot, open spLce, or -yard area of any
other building. If the lot, open spa ce, or yard ar eas requred
by this Ordinance for a particular building are diminished the
continued existence of such building shall be deemed to be a
videdfor buildings hereafter erected and such required areas'
shall not be included as a part of the requ.ired areas of gny
building hereafter erected.
SECTION 2Y'f
ENFORCEMENT
The provisions of this' Ordinance shall be adminis-
tered and enforced by the Building Inpsector of the City of
West University Place. All applications for building permits
shall be acco mpanied by a plat in dupll ca te, drawn to scale,
showing the actual dimensions of the lot to be built upon, the
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size of the building to be erected, and such other information
as may be necessary to provide for the enforcement of these
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regulations. A careful record of such applications and plats
shall be kept in the office of the City Secretary.
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SECTION 28
CERTIFICATE OF OCCUPANn AND CO MPLIANCE .
(l) No building hereafter erected or structurally al-
tered shall be used:, occupied or changed in use until a certifi-
cate of occupancy and compliance shall have been issued by the
building inspector, stating that the building or proposed use of
a building or premises complies with the building laws and the
provisions of these regulations.
(2) Certificate of occupancy and compliance shall be
applied for coincident with. the application for a huildingpermit
and shall be issued within 10 days after the erection or structu-
ral alteration of such buildings shall. have been completed in
conformity with the proviSions of these regulations. A record
af all certificates shall be kept on file in the offic& of the
oi ty Secretary and c9pies shall be furnished on request to any
person having a proprietary or tenancy interest in the building
affected.
(3) No permit for excavation for any building shall be
issued before application has been made for certificate of
occupancy and canpl1ance.
SECTION 29
ZONING MAl!' DESIGNATIONS
(l) When definite distances in feet are not shown on
the zoning map the district bormdaries on the zoning map are
intended to be along existing street, alley or ~operty lines or
extensions of or from the same. When the location of a didtrict
boundary line is not otherwise determined, it shall be determined
by the scale of the maps measUl"'ed fDom a gi ven ~ line.
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(2) Where .the street 'layout actually on the ground
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varies from the street layout as shown on the zoning map, the
Board of Adjustment may apply the designa~ions shown on the
mapped streets in such a way as to carry out the intent and pur-
poses of the plan for the particular area in q'$stion.
SECTION 30
BOARD' OF ADJUSTMENT
(l) ORGANIZATIONm: There shall be a BOard of Adjust-
ment consisting of five members appointed by the Mayor and
confirmed by the Board of Commis s ioner s, , The Board of Adjust-
ment shall have the power granteci by and contro~led by the pro-
visions o,fSection 7 ~ of Chapter>2f.?3. of the Laws of 1927.
(Arts. lOlla to lOllj, Revised Civil Statutes, 1925.)
(2) SPECIAL EXaEPTIONS:'When in its judgment the
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public convenience and welfare-will bestibstantially served and
the appropriate use of neighboring propert~ will no~ be sub-
stantially or permanently injured, the Board of Adjustment may
. ,..
in specific cases, after public notice and ,hearing and subject
to appropriate conditions and safe~rds, authorize special
exceptions to the regulations herein established as follows:
(l) Permit the location in any use district of a
state or municipal bUilding, aviation field,
public utility plant, sewerage disposal or
treatment plant, garbage disposal plant, riding
academy, commercial greenhouse, athletic field,
amusement park, commercial bathhouse, commer-
ci~l radi~ transmitting station, philanthropic
institution, hospital or sanitarium.
(2) Permit the reconstruction of a building
occupied by a nonconforming use,. or permit the
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extension ofa nonconforming use of a building
upon the lot, occupied by such use or'building at the
time of the passage of this Ordinance.
(3) Permit the extension of a building or use
into a more restricted district immediately~ad-
jacent thereto, but not mo re than 50 feet beyond
the boundary line of the district in which such
'building or us e is authorized.
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(4) Grant in undeveloped section of the city tem-
porary and conditional permits for not more than
two year periods for any structure or use~
(5) Permit in any district, such mod~ication of
the requirements of these regulations as said
board may deem necessary to secure an appro-
priate development of a lot where adjacent to
such lot on two or more sides there are build-
ings -that do not conform to these regulations.
(6) Permit such modifications of the yard or open
space or lot area or lot width regulations as
may be necessary to secure appropriate im -
provement of a p~rcel of land' where such parcel
was separately owned at the time of the passage
of this Ordinance, and is sf such restricted
. area that it cannot be appropriately improved
without such modifications.
.If w
. (~) Permit the extension of a building, existing
at the time of the passage of this Ordinance,
by the construction of additional stories a-
bove the height limit herein established, if
the original plans provided for such addi tfuonal
stories' and such building wasactua1ly designed,
and constructed to carry such additional stories.
(8) Permit the erection of an addition to the same
height as such building where such addition is
essen tial to the completion of an appropriate
uni t .
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(9) The notice .provided for ih this section shall
be given by publication tone 8 time~; in the
officialpriblication of the City of West Univ-
ersity Place, stating the time and place of
such hearing, Which will not be earlier than
ten days from the first da te of such publi-
cation., and in addition thereto the Board of
Adjustment shall mail notices of such hearing
to the petitioner and to the owners of property
lying wi thin 200 feet of any point of the lot
114'
or portion thereof, on which a variation
is desired" and to all other per>sonS deemed
by the Board to be affected thereby, such
, owners and lffirsons shall be determined
according to the current tax rolls of the
City of West University Place, and sub -
stantial compliance therewith shall be
deemed su~ficient and providect, however" that
the depositing of such written notice in the
mail by the Board shall be deemed sufficient
compliance with the purpose of this notice.
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SECT:LON 3l
COMPLETION OF EXISTING BUILDINGS
Nothing herein contained shall require any change in
the plans, construction or designated use of ~ building actually
under construction or designated use of a building actually
under construction at the time'of the passage of this Ordinance
and which entire building shall be completed within 90 days
[]
from the date of the passage of this Ordinance. Nothing herein
con tained shall require any change in plans, con struction or
designated use of a building for which a building permit has
been heretofore legally issued and which entire b~lding shall
be completed within 90 days from the date of the passage of this
Ordinance. If an amendment to this Ordinance ,is hereafter ad-
opted changing the boundaries of di~tricts, the provisions of
. this Ordinance with regard to building or premises existing or
buildings under construction or building permits issued at the
J "
time of the passage of this Ordinance shall apply to building
or premises existing or buildings under construction or build-
~ ing permits issued in the area affected by such amendment at
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the time of the passage of such amendment.
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SECTION 32
PENALTY FOR VIOLATION
Any person or corporation who shall violate any of
the provisions of this Ordinance or fail to complytherewi th
or with any of the requirements thereof, or who shall build or
alter any building in violation of any detailed statement or
?
plan submitted and approved hereunder shall be guilty of a mis-
demeanor and shall be liable to a fine of not more than one
hundred dollars and each day such violation shall be permitted
to exist shall consittute separate offense. The owner or owners
of any building or premises or part thereof, where anything in
u
violation of this ordinance shall be placed, or shall exist,
and any architect, builder, contractor, agent, person or cor-
poration employed in connection therewith and who m~y have
assisted in the commission of any such violation shall be guilty
of a separate of fenee and upon conviction thereof shall be fined
as herein provided.
SECTION 33
CHANGES AND AMENDMENT S
(1) The Board of Commissioners may from time to time
amend, supplement or change by ordinance. the bOillldaries of the
districts or the regulations herein established.
D
(2) Before taking action on any proposed amendment,
supplement or change, the Board of COmTIlissioners shall submit
the same,to the City Plan Commission for its recommendation and
report.
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(3) A public hearing shall be held by the Board of'
Commissioners before adopting ahy proposed amendment, supple-
ment or change. Notice of such hearing shall be given by
publication three times in the official publications of the City
of West University Place, stating the time and place of such
hearing, which time shall not be earlier than 15 days from ,the
first date of such publication.
(4) Unless such propGse.d amendment, supplement or
change has been approved by the City Plan Commission, or if a
protest against such proposed amendment, supplement or change
has been filed with the City Secretary, duly signed and ac-
lmowledged by the owners of 20 per cent or more either of the
area of the lots included in such pr-Opoo ed change or those
immediately adjacent in the rear thereof extending 200 feet
therefrom or of those directly opposite thereto extending 200
feet from the street frontage of such opposite lots: such amend-
ment shall not become effective except by a 2/3 vote of the Board
of Commissioners.
SECTION 34
VALIDITY OF ORDINAN~
If any section, paragraph, subdivision, clause; phrase
or provision o~ this ordinance shall be adjudged invalid or held
unconstitutional, the same shall not affect the validity of this
Ordinance as a Whole or any part or provisions thereof other than
the part so decided to be invalid or unconstitutional.
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SECTION 35
WHEN EFFECTIVE
WHEREAS, on.account of the congestion in the streets
of the City of West University Place and the danger from fire,
,
panic, and the undue concentration and congestion of population,
and the lack of adequ,ate Ordinances and provisions controlling
the cans~ruction and use of buildings and other structures,
within :tl1.e City of West Uni versi ty Pla,ce, and the lack of regu-
lations ,restricting and regulating the use to which lands and
buildings of the City of West University Place may be devoted,
creates an urgency and an emergency in behalf of the public
D
peace, health, safety and genaral welfare, necessitating that
this Ordinance become effecti,ve immediately upon its passage
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and approval, and publication as required by law.
PASSED M1-n APPR OVED thi s the
A. D. 193'7.
ATTE,ST: .
of June
,
~#
01 . SECRETARY
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