HomeMy WebLinkAboutOrd 1627 - joint public hearing on zoning ordinance
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ORDINANCE NO. 1627
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO
AMEND THE ZONING ORDINANcE OF THE CITY OF WEST UNIVERSITY
, PLACE, TEXAS REGARDING PERSONAL WIRELESS SERVICE FACILITIES,
INCLUDING A NEW "PWSF SCHEDULE" AND VARIOUS COMPANION AND
CONFORMING AMENDMENTS; PRESCRIBING PROCEDURES AND NOTICES;
PRESCRIBING A TEMPORARY REGULATION FOR PERMITS AND
APPROVALS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING
TO THE SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West
University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the
comprehensive zoning ordinance of the City, as last reformatted and readopted by Ordinance
No. 1493, adopted December 19, 1994 ("Zoning Ordinance"), which report is attached as
Exhibit A and made a part of this ordinance by reference; and
WHEREAS, the City Council desires to call a joint public hearing on such proposal;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE:
Section 1.' The City Council hereby calls a joint public hearing before the City Council
and Z&PC on the proposal described in Exhibit A. The hearing shall be held in the Council
Chamber of the Municipal Building, 3800 University Boulevard, We~lace, Texas
77005 during the City Council meeting set to begin at 7:30 p.m. on e:l.)..., , 1999.
The hearin~sed and continued to the City Council meeting set to begin at 7:30
p.m. on /3 ,1999 at the same place.
Section 2. The purpose for the hearing is to provide an opportunity for parties in interest
and citizens to be heard in relation to the proposal described in Exhibit A. Pending a decision
on this matter, no permit or approval may be issued for a "personal wireless service facility" that
does not comply with the regulations set out in Exhibit A and the other applicable ordinances,
laws, rules and regulations (Le., compliance with both the proposed and existing regulations is
required). This is a temporary regulation that expires after 135 days, which is an estimate of
the minimum time necessary to- comply with Section 3, below. This temporary regulation does
not forbid pre-application procedures, application procedures and other steps preceding
issuance.
Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as
required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and
(4) vote by the City Council on the question of adoption. The procedures for enforcing the
proposal shall be as set out in the existing Zoning Ordinance. The proposal described in
Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration.
Section 4. The City Secretary shall give notice of such hearing as prescribed by this
section. The notice shall be in substantially the form set out in Exhibit S, which is attached and
made a part of this ordinance by reference. The notice shall be published in a newspaper of
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general circulation in the City at least once on or before the 16th day preceding the date of the
hearing. In addition, the notice shall be mailed to the persons on the mailing list for a regular
edition of the "City Currents" newsletter. The notices shall be deposited in the United States
mail on or before ninth day preceding the date of the hearing, properly addressed with postage
prepaid. The notices may be included within the newsletter or may be separate. The City
Council specifically approves giving combined notice of two or more hearings in a single notice
document, as this would save money and also provide better information: .about the full scope of
possible amendments to all interested persons. '
Section 5. The City staff is authorized to make all necessary arrangements for the
hearing and to assist the Zoning and Planning Commission and the City Council.
Section 6. 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, the remainder of this
ordinance and the application of such word, phrase, clause, sentence, paragraph, section or
other part of this ordinance to any other persons or circumstances shall not be affected thereby.
All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of
the conflict only.
Section 7. The City Council officially finds, determines and declares that 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, Chapter 551, Texas Government Code, as amended, and that 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.
Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and
should be considered at the earliest possible date, a state of emergency is declared requiring
that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance
shall be adopted finally on first reading and shall become effective immediately upon adoption
and signature.
PASSED AND APPROVED 'on first reading, this /I~day of ~ ,19..f'f',
Voting Aye:
Voting Nay:
Absent:
~1~
M or
ATTEST: (Seal)
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. , yecretary .
R:j:
City Attorney
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
October 7, 1999
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Preliminary 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
preliminary report, on the subject proposal, for the assistance of the
Council as well as other interested persons.
Scone of Pronosal. 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.
Preliminary Recommendation. Based on the limited review given
this matter so far, and subject to further review following public
hearing, the Commission: (i) finds that the proposed amendments, if
adopted, would be in the public interest, (ii) makes a preliminary
recommendation favorable to the amendments, and (iii) recommends that
the City Council call a joint public hearing to consider this matter.
The Commission invites all interested persons to participate in the
joint public hearing.
The Vote. The
preliminary report:
Pohl who abstained.
following members of the Commission approve this
All Commissioners voted ~aye" except Commissioner
There were no ~ noes. " EXHIBIT A- . _'
(page---L-of J t totalpageS)
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
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4i~ k"~ Z'. df-h>>.
For the ommission
By:
b55:\54rpwsf
ADDENDUM
The Commission also approved the following for consideration by the
City Council:
(1) A recommendation that the joint public hearing be set for November
22 or December 13. The Commission proposes to use the time to
receive additional input from industry representatives and
technical consultants, in preparation for the hearing.
(2) A recommendation that the City Council impose a temporary
restriction on permits until a final decision is reached on this
matter. This would not prohibit an applicant from proceeding in
the interim, if the applicant complies with the proposed
regulations as well as the pre-existing provisions.
EXHIBIT A
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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 ha~ 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. "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 ofa 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. "Tower" 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,
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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 facilitJes, both on-site
and off-site, that could be, or will be, used by the applicant for,' or in connection
with, the PWSF. The map must show 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 monopole, except low-impact PWSF's:
1. A map indicating, for all. 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.
2. A detailed description of efforts made to locate or co-locate the proposed
PWSF at 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.
3. 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.
4. Aphoto simulation of the site.
5. If the site is located within 500 feet of any dwelling: (i) a photo simulation
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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 PWSF's: The following additional items are required for all
other PWSF's, except low-impact PWSF's:
1. Adetailed description of: (i) efforts made to blend the f~cilities 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.
2. Sightline representations from the most common viewpoints, including
any building facades and public or private roadways within 500 feet of the
site.
3. A photo simulation of the site from the main street frontage.
4. 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:
1. Low-impact PWSF's. The building official may issue a low-impact PWSF
permit, but only after determining that the the definition of "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.
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2. Other PWSF's. 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 sRecial 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 ofter 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. EachPWSF 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 certifications of
compliance with federal regulations and guidelines on radio frequency exposure,
including engineering analyses and impact assessments.
2. SFD/SFA sites. No PWSF is allowed upon any subdivided lot or building site
where the actual or intended principal use is SFD or SF A. The intended use is
determined by the applicable zoning regulations and the size and shape of the
parcel.
3. Yards, special setbacks. Regular yard regulations apply. In addition, all parts of
a PWSF must be set back the following distances:
1. two feet for each one foot of height, measured from the nearest building
site boundary; and
2. 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 low-impact PWSF's.
4. Height. Regular height regulations apply. See Tables 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 otherwise 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
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integrity.
b. Provide for present and future co-location with other PWSF's 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 inche~) 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 PWSFs). 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.
Exception: This does not apply to low-impact PWSF's.
9. Enclosures. Above-ground cabinets and similar equipment must be completely
enclosed by an opaque wall or other enclosure designed and maintained to
resemble similar enclosures in the vicinity, with external landscaping similar to
landscaping present in the vicinity. The en.closure~andscaPing must screen
the equipment from off-site and street area views 0 to isguise it. Gates must
be opaque. Exception: Enclosure is not required d ri those times when the
building official certifies: (1) the combined volume of all such equipment at the
site is less than 180 cubic feet, (2) the equipment is designed and maintained
with shapes, materials and colors emulating and blending with other structures
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in the vicinity, and (3) there is no detached dwelling within 300 feet of the site.
10. Ughting. All exterior lighting designed for the PWSF itself must be contained
within the enclosure as described above.
11. Parking. Notwithstanding Article 1 a, 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-32]
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PNC. A prior nonconformity. See Aniele 12.
Principal building. The building on a building site housing the principal use.
PWSF or "Personal wireless service facilitv." A facilitv for the orovision of oersonal wireless
services as defined bvthe 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 uQMDS") 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 carried 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 ofva1ue, 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 shaIl
be an affirmative defense that the alleged business activity was only an incidental sale or was part of a home
occupation, but such an affinnative 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 A.C.
Reynolds Survey, Harris County, Texas." In the SF-I District, most rotated comer building sites will be
oriented north-south, because most of the original comer lots were oriented east-west (exceptfor 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 pennit 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 tenn refers collectively to the SF.I District, the SF-2 District and the SF-3 District,
and to each of them.
Shopping center. Abuilding or group of buildings on a single building site containing three or more
commercial units, each with a separate entrance to the outdoors.
Si17gle-family (attached) use (or SFA). A use ofa building site which meets all of the following
criteria:
(1) Each dwelling unit is located ona plot of ground to which the occupants of the unit have
ZONING ORDINANCE. as amended through January 31. /999 (06c:cadeS:'<<oningJ A
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surface area exceeding 200 square feet. This term includes "spas" and "hot tubs. It
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 build~llS site reasonably necessary to provide
any utility service to tl...t ~;t.. 0. to od.c. bu~Id;dg sites in the City. ~...."lud~llS This use also includes
production, processing. through-transmission or central facilities primarily used to provide utility or
communication service to areas outside the City, on Iv if the facilities meet all these criteria: (i) the facilities
and all their uses are soecificallv identified and authorized bva franchise ordinance or other special
oermission issued bv the City. and (in theY are located undenrround in street or tmblic easement areas. unless
soecificallv authorized to be located elsewhere bv such a franchise ordinance or' special permission.
Utility service. Any water, sewer. garbage. electric. lhzhtinsz. gas. telephone, cable television or other
similar service provided by the City. a public utility. a franchisee of the City or governmental entity seIVing
the City.
Variance. See Article 11 and. Chapter 211 of the 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 ofa building site included in the required yard (or setback area) measured from
the rear property line. See "Yards" table in Article 7.
Yard. side. That part ofa 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 Conimission.
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 DISTRICfS ESTABLISHED
Section 3-100. Districts; Purposes.
The City is hereby divided into the following districts. with the purposes set out below:
(1) SF-I, the First Single-Family District. The purpose of this district is to provide regulations
to maintain and prot~the City's single-family residences and neighborhoods in an area where
comer lots have been divided and re-oriented. ' '
(2) SF-2, the Second 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 with
larger building sites.
(3) SF-3, the Thin! Single-Family District. The purpose of this District is to provide regulations
to maintain and protect the City's single-family residences and neighborhoods.
(4) TH, the Townhouse District. The purpose of this district is to maintain and protect the City's
single-family, attached building residential areas and to provide necessary regulations for
ZONING ORDINANCE. as am~nd~d through January 31. 1999 [06c:ccdd:\ozoningl EXHIBIT A- Page,z..9
m.._ } 0 nf I q,_ total oages)
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Table 7-3 Open & Pervious Areas
Table 7-4 Buildings
Table 7-5 Certain Structures'
(b) Projections. Permissible projections into yards, and details about computation of open and
pervious areas, are set out in Table 7-6, the "Projections Schedule."
Uses
Use Category SpeCific Use
Residential SingI..t'amily
( dcuc:hed)
Single-C'amily
( attachedl
~residentia(
Public UIcI Sc:mi-Public Parte. playzround. or
community cauer
(public)
ScbooI (public)
ScbooI (other)
Church
Utility or service
use. Sa Arrtc/c 8.
l'WSF use. Se~
PWSFScMdule.
Commercial Ught commcrc:iaI
SaNtick8 rcgiudillf
t:Dtailf SCfUlUyori."t<</ Medium ClllIlIIIC:I'da
InuiIfCUCJ.
All acheruses
Table 7-1. Uses
GenC1VI RJdC W'athinach DisIrid: Uses marbd -A- .. allowed. 1ISCI marbd -sE" are
allowed only to the eXIenl audJorized by. tpeeial excepcion (see Note 3). aDd uses
lI1Itkeci "X" ~ prohibired. Ez&epriOllSlSpet:ial RaJa: (1) S. POD Schedules for
planned ~opmcnt dislricls. (2) S. spoc:ia.I rules DIlCod in lIhIc.
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x
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A
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x
x
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SE
x
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SE
SE SE SE
X X X
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A A A
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X X X
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SE
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L- X
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X
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A
A
A
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- -
X X X A
X X X SE
X X X .X
Nou J. $pet:ial E1:z:cpri-. A special CXICCpCioa mayaJso specify ad limit accessory uses aad tIlCCSIClrY buiIcfiap.
, Nou 4. Park. PlI:zygnnmd. Elc. In this dislrict" a park. playground or c::aaummity CCIIICr may be privardy or pubIiclyowaocL
ZONING ORDINANCE, as amended through January 3/. /999 (06c:c:0dc5:~oning) EXHIBiT A Page Z-14
1"'-_ I , _ I L/ .""+..1...",,.,,,,..\
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Certain Structures
Item Regulation
Swimminc pools Maximum number
...... buildi- site
Tennis courts Maximum numbct
per buildin~ sire
All suucturcs Heigl1l. maxinNm
See. aU4. ~ and
Arric14 8.
-
Note J.
Note 2.
N0t4 J.
~
DRAFT
"
Table 7-5. Certain Structures
General /lJd.: Every SltUdUre must conform to the applicable rcgulati_ shown. by
Dislricl. ia Ibis lalllc. (""NlA" means the ndc docs not apply.) EzeeptiOllSlSpeciDl1bdu:
(1) See IpOCiaI nda noIOd in &abIc. (3) See POD SdIoduIcI for Planned Dcvclopmcat
DisIrids.
I I
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S- NlA
Note 2.
One. S-N<<c J.
Onc(may aaIy be a priVlle tennis
cowt). S. Note J.
I ~ft.
N<<c
J.
Tams Covru" SWimming Pools in SF Dtstrla. Eacll1Cl111iscoun ia a SF DislriclIllUll: (i) be a priVlle -=ssorySltUClUl'C fO(' ;siugIc building
site. (u) be IISCd for residential puI'p(*S only, (iit) be opca Co 1bc sky, but CDl:bai md Kt1laIDd 10 a bcigbl of at Icast cigbt feec 011 all sides, m1
(IV) DCVa" be lig/ded for play. Each swimming pool in III SF DisIrict must be a privw ac:eesscxy SInIClUr'C fO(' a single bwlding site and used for
raidcIuial JlUIllClSCS only.
Swimming Pools. Tennis Couru JIt TH DtstI'ia. The ZBA_y issue a spocial a:ocpcioa for a tennis court 0(' a swimming pool iftbc ZBAtiDds
1bat &be pC-opased facility wiD not create a cItainqe or noise prabIcm m1 wiD DOt cwse a sigaiticaat iacrasc ia 1n1!ic: OIl nearby streclI. Tcaais
CClUIU aPd swimming pools must camply with 1bc taIIIis ~ and swimming pool rcpII1iaas ia 1fII SF Dislrias. S- Note J.
Heigllt i1r C Dim'ta. In the C DisIricr. 110 put of IlI'f slnIdIIrc(CllIlCpt a fence) may be bicba'tballthe barizoaW diswIce &om duIt part 10 1bc
__ put of III SF Dislric:t.
An ordinatv utility llOIe owned bY a &anchisee af1hc C"atvmav be 1m 14 4:1 fa::t hi"" if"the huitdi_ftifi.,;.I..-rifi....fhotfhP .Mlti-.I.....""';.
necessatV to setllIrate wires of diffcn:nt VIClltal!CS and~"""""" tmm e:sdt em- and fmm lhe ImlUnd .nnWirt.. ",..w.rtIl-'mi,.,.1 ~ ...... ,";1,,.,
safctV euid.elines.
2S foct. &It.. 7J1Ii/dings.lIlbk [01' t:CI'ttIiIf budding Itcigltl Umiu.
EXHIBITA ~
f'a&8...J2;;;,.d.J!/:-tota, pages)
ZONING ORDINANCE, as amended through January JI. 1999 (06c:codeS:'Gzoning)
Page Z-18
l"''C'"=-,--'-''C:CC:_c':,'--'--~- ,
n.--'_,:..m:t..::J.
Lil..r--.-.-----
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lIiVi.. I
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claim would require an amendment to this Ordinance.
(t) 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 pan of this Ordinance) mentioned in a notice filed under
this sectio~ and is carried on by the persons identified in the notice, ifidentity is relevant; (Ii) the
notice was endorsed as contemplated by this section before the violation occurred; and (m) 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, (u) it will not unduly alter the character of the immediate
neighborhood and (ill) 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. aoolies to PWSF Uses.
Section 8-114. Bouud.!l) A&e.u, Other Municipalities.
,,~ ... ~' f.J' . Q -.t d It . "
\Q} ~ UIPOStJ. ..L.!1G, r'1"U~O~(.5 0 U"~ !~,,t101.l w.~~ VJ to ~,,_"w,",lll l.U.he&1.LlAL(., ~l:J."lI~ 0..
"gOI\N Of klcLa:lld to luuil~~;pAi bOUlldaii,,~, .!:lld (~) lo eaCOl1lag,e COOPli01Q~011 VY~th otha
atI.1&i"~lJafitiG~.
(1..,) &~(tglu";1.8 AI ~~ O"~;.1~ C'-I.'). Iu l11V~'-' \AW'-'~ "ll~i~ lfiij;6",1",~olt5 COl A ~YUl ~:t(, 41C
ba.scJ OU thG U~C5 (0, LOlh.l~ ~tA1...5) of &W, ..!.~lo~.uld~ll& tI1G ~~t~_ t:Iro ~~~ (pld .l.Olh4i !L.Mu!) of d
th" ~..~u O~ud=M. <11 CA .shAH b" ~ y "11 cfre~L "y wi if ~art of tll" ~~U Otulc&.l& c1& C;4 1i~.s Ou~idG the City.
fOl tl~~ fluq:>05", a.ly a. <4 ~~~g,(l"d to A ~Oi~d~ distl=ct b) AtlOthcl lUutL~p.ilitJ .shaH be (GGogni::z:cd
cUt d~L "We w~tl~ll tl...(, ~vl"':41~ di.\ll;,t of ti....:~ C~LJ (11y~L 11~ly ...~~illblh4i t11~ LO~li &Ab.:(.l
assig,a...d by th" Qth~ alLuh~pa:l~t).
(G) Otht.t ~~{AJl;~.(xl.'iL;t.J. The Building Official is authorized to make arrangements with
other municipalities for cooperation in administratio~ enforcement and exchange ofinformatio~
both routinely and in cases of zoning amendments and discretionary approvals.
(<I) Ot d,',la1lGtJ A/fi-Gttd. n~ ~GG~Ou c\."fI&~ to le~",ld.tiolls in tl~ Old~ 01 ~l
oui~.a4.lh..W 11~u~OdGd hltlL~ Oi~UUl<X.. Uothin~ ~l t1L~ ~G"tiou 5baH be GOUo')t&uGd.u <111 d.tt~l to
re~L1iAte t:hO()elty ou~ld" tlh.s C~t~.
ARTICLE 9.
PLANNED DEVELOPMENT DISTRICTS
Section 9-100. Purpose.
The purpose and intent of this article is to provide a flexible, alternative procedure to
encourage imaginative and innovative designs for the unified development of property in the City,
ZONDlG ORDINANCE, as amended through January J /. /999 (06c:code5:\ozonin~HIBIT ~
f"'?
Page Z-2S
_It Ie.{.. ........, ...~_\
....... .
~;:.~.... .
;.;'IJF!t~ ~......,..
Section 11-101. Procedures.
(a) p,.e-arJDlicat;on b,.;efi11fl. This subsection onlv aoolies to: (i) aoolications for sneci1l1
exceptions referred to in Table 7-1. and (ii) other aDDlications which the building nfficilll n~tPrm1nPC:
could have a si2Ilificant effect uoon nearbv Drooerties. Before fiHmz such an aoolication the
applicant must spve notice and conduct a oubHc briefinl1 Notices must be mailed to' (i) ~II nwne~
of orooertv located in whole or in Dart within 200 feet of the site. (ii) all City utility rateD avers for
oremises located in whole or in Dart within 200 feet of the site. (iio the City Secretarv and (iv) the
buildiml official. Notices must be mailed no later than the 10th day orecedin2 the date of the
briefimz. The briefin2 must be ooen to the public and held within one mile of the site At the
briefinsz. the aDolicants must: (i) descnoe the proposed structures and uses. the anoli~tinn
documents and the aoolication orocess. (in describe the oossible alternative locations and d~!V1s
and state whv thevwere reiected. (iio solicit su~~estions from persons. at the meetin~ and ("tV) leeen
detailed written minutes showinll the names and addressees of all Denons notifi~d all Attentfp-p.< Antf
a SYnoDsis of the matters discussed
fJiIf:tr}-App/ication. 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 btUldia& site in question and.
the ol'QoQsed o,perator if rliff~rent F..rcl!ntinn' The hnilrlinr nffiM~I m~v
waive or morliN thisre(]Jlirement for nnhlidv-nwnP.d inintlv-nwnPA or lessed
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 presence
the form of the applications.
(2) Proof of ownership in a fonn satisfactory to the ZBA.
(3) A plat prepared by a registered public surveyor showing the bWldi&l& 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) Ifrequested 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.
(S) Such other materials and information reqJlirP.d hv thic: nrtfin~n,., 0" requested
by the ZBA or the building official.
(6) The filing tee for the . type of application question. .
. fc) Third-rxtrtv revieWs. Ifreauired hvthe hnilrlino nflir.i:dnr the 7.RA th... ltVt'I;,.~tioa may
be submitted toa third-DartY consultantuadvisor or expert Unless otherwise prescrihed h" the
buildin'$ official ortheZBA.. the cost of-such review mmtt he n~id~v the llnpli~nt in ll~n,..... ~11,..h
revieW could be reauested to resolve techni~1 or reolllatn~ i~~les n1i~ed hv the llpp/i~tinn
includimr. (i) accuracy and comoletenes..l; of aoolicatinn~ (in ~n~lvsis ter.hninn~- ~ntf m...thntfnln~...(!
fiii) validity of conclusions reached (iv) other technical or reel1l~tnrv iS~l~~ Tn nrnvtnp tim~ for
such review. any hearinsr mav be oostDoned or continued -
un tb1 Notice and hearing. Before issuing or modifying any variance or special exception.
the ZBA must provide notice and an opportunity for any interested person to be heard. The notice
shalI be given in a form prescnced or approved by the ZBA, on or before the tenth day preceding
the hearing, as foUows: .
(1) By IIWling a copy of the notice to the owners ofbuilding sites located within
ZONING ORDINANCE, as amended through January J 1. ~999 [06c:e0de5:~zoninEXHIBIT A- Page Z-32
IO!tma I 'f~~nf IIf . total pages)
r=
r "'
U'.'m"l-1
II ,,--,-----.-----,-.--.-'---~---,-------___,__,-..---___.__,"'''Tll'~--,'''.'-,-,',--'----------'----
Exhibit B
NOTICE OF PUBLIC HEARING
The Zoning & Planning Commission and the City Council of the City of West University Place,
Texas ("City") will hold a joint public hearing in the Council.Chamber of tl:te Municipal Building,
3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin
at 7:30 p.m. on November 22 ,1999. The hearing may be recessed and continued
to the City Council meeting set to begin at 7:30 p.m. on December 13 , 1999, at the
same place. The purpose for the hearing is to provide an opportunity for parties in interest and
citizens to be heard in relation to a proposal to amend the City's Zoning Ordinance, as follows:
Add extensive regulations for Ilpersonal wireless service facilities" (PWSF's),
including a new IlPWSF Schedule" and various companion and conforming
amendments. The proposal includes: (1) general provisions and definitions, (2)
application requirements for PWSF's, (3) review and issuance requirements for
PWSF's, (4) extensive criteria and regulations for PWSF's, including a requirement
for a special exception issued by the zoning board of adjustment (except for Illow-
impact" PWSF's), site and equipment regulations, use restrictions, yard and
special setback regulations, height regulations, design regulations, co-location
requirements and other regulations. Companion and conforming amendments
include: (a) pre-application notice and hearing for PWSF and other special
exceptions, (b) provision for reviews by third-party consultants, (c) amendments
to the definition of utility and service use and utility service, including a provision
allowing certain communication and lighting facilities, (d) a new height rule for
utility poles, (e) revision of the boundary area rules, and (f) other related
amendments.
Additional details on the proposal as well as the Zoning Ordinance are all available for public
inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The
proposed amendments would be generally applicable within the City, and any person interested
in such matters should attend the hearings. The proposal may be adopted only after notice and
hearing, and it would control over any inconsistent provision in the current Zoning.
EXHIBIT 13 .
(PaIe....L-of~tc;)tal pages)