HomeMy WebLinkAboutORD 1869 Mechanical Equipment in Rear Yards
City of West University Place
Harris County, Texas
Ordinance No. 1869
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS REGARDING MECHANICAL
EQUIPMENT IN REAR YARDS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council and the Zoning & Planning Commission ("Z&PC") of
the City of West University Place, Texas ("City") have held a joint public hearing on a
proposal to amend the Zoning Ordinance of the City, as last re-formatted and re-
adopted by Ordinance No. 1672, adopted March 12, 2001 and as subsequently
amended ("Zoning Ordinance");
WHEREAS, the Z&PC has made a final report to the City Council with respect to
such proposal, which report is attached as Exhibit A and made a part of this ordinance;
and
WHEREAS, the City Council has considered the report of the Z&PC and now
formally approves and adopts that report; and
WHEREAS, all notices, hearings and procedures relating to amending the
Zoning Ordinance, as may be required by law, the City Charter or the Zoning
Ordinance, have been duly given, held and followed, and the City Council has
jurisdiction to amend the Zoning Ordinance as provided herein;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The City Council officially finds, determines, declares and adopts all
of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is
hereby amended as recommended by the Z&PC, according to the Z&PC's final report in
Exhibit A, which is attached and made a part of this ordinance for all purposes.
Section 2. All ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof. The City Council officially finds, determines and
declares that sufficient notices of the joint public hearing were given, and the City
Council ratifies, approves and confirms such notices, including the contents and the
method in which they were given.
Section 5. This ordinance shall become effective on the tenth day following its
publication, as provided in the City Charter.
CONSIDERED, PASSED AND APPROVED on first reading on
April 14. 2008.
Councilmembers Voting Aye: Kelly, Cohen, Fry, Guffey, Talianchich
Councilmembers Voting No: None
Councilmembers Absent: None
CONSIDERED, PASSED AND APPROVED on second reading, AND SIGNED,
on April 28. 2008.
Councilmembers Voting Aye: KELLY, COHEN, GUFFEY, TALlANCHICH
Councilmembers Voting No: NONE
Councilmembers Absent: FRY
Signed:
Recommended:
Prepared by:
James L. Dougherty, Jr.
Approved as to legal form:~ ;? r---.
City Attorney
Exhibit A
Zoning &. Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
March 13, 2008
Honorable Mayor &
Members of the City Council City
of West University place 3808
university Boulevard Houston, Texas
77005
subject: Final report on a proposal to amend the zoning
ordinance of the City of West university Place, Texas
("City") relating to MECHANICAL EQUIPMENT IN REAR
YARDS
TO the Honorable Mayor
& Members of City Council:
The zoning & Planning Cormnission of the City submits this, its
final report, on the subject proposal, for the assistance of the
Council as well as other interested persons.
Scope of Proposal. The current ordinance requires mechanical
equipment (e.g., air conditioning equipment) located in a rear yard
to be installed near the ground. The proposal would allow
replacement equipment to be installed on an elevated structure, if
there is older equipment lawfully installed on that structure. The
proposal would require a wall (at least 50% solid, such as lattice)
to separate the equipment from the rear lot line.
The principal purpose is to allow replacement equipment to be
installed where there is existing equipment, which should help to
avoid expensive retrofitting and help to save energy (retrofitting
generally involves longer coolant lines, which are less efficient) .
Proceedings After Preliminary Report. Pursuant to public
notices, the zoning & Planning Cormnission and the City Council held
a joint public hearing on February 25, 2008. The hearing provided
an opportunity for parties in interest and citizens to be heard in
relation to the proposal. At the hearing, City staff explained the
proposal, and a number of witnesses made presentations. The
Cormnission has considered all of this information and the
Comprehensive Plan.
The Cormnission recormnends no amendments to the proposal.
Recormnendation. Based on the review given this proposal, the
Cormnission: (i) finds that the proposal would be in the public
interest and consistent with the Comprehensive Plan, (ii) finds that
the proposal reasonably addresses circumstances which have arisen
since the last comprehensive revision of the zoning ordinance, (iii)
makes its final recormnendation favorable to the proposal, and (iv)
recormnends that the Ci ty Council adopt the proposal, as shown in the
attachment to this report.
The Vote. This report was authorized by the Cormnission at its
meeting held on the date of this report. The vote was as follows:
Cormnissioners Brown, Duncan, Stafshede, McManus and Elkowitz voted
"aye"; no "noes"; Cormnissioners Clark and Yehle absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS
By:
~~
For the Cormnission
Amendment relating to
mechanical equipment
in rear yard
(Table 7-6)
7-9-07
Amend Note 6 of Table 7-6 as follows:
Note 6. Equipment In Rear or Side Yard.
REAR YARD: Indicated equipment may project into a rear yard only if: (a) separating the
equipment from any building site across the rear lot line, there is a solid wall at least one foot
higher than the highest part of the equipment; (b) if the equipment occupies any part of an
easement under the control of the City, the City has issued a separate acquiescence or consent to
the occupancy of the easement; (c) there has been formally granted to the city any utility
easement deemed necessary by the City's chief utility official; (d) the base of the equipment is
not higher than 14 inches above the ground (Exception: the base may be elevated to the
minimum level of the lowest floor of the principal building, as established by the City's flood
damage prevention ordinance, if that level is higher than 14 inches above the ground.), and (e) if
located within five feet of any property line, the equipment is fully encased in a sound-absorbing
cabinet or is otherwise designed and operated to comply with the City's noise regulations; see
Chapter 54 of the Code of Ordinances.
SIDE YARD: Indicated equipment may project into an interior or street side yard (but not closer
than three feet to a property line) only if it is fully encased in a sound-absorbing cabinet, or is
otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 of
the Code of Ordinances. However, equipment replacing older equipment in a side yard may
project as close as 18 inches to a property line, if the fire marshal determines that such projection
will not significantly intedere with emergency access, either on the same site or on another site
NEW AND REPLACEMENT EQUIPMENT: These rules apply to all new and replacement
equipment. Exception: If older equipment was lawfullv installed on an elevated structure in a
rear vard. replacement equipment mav be installed on the same structure. If the older equipment
was lawfullv installed without the required separating wall. the wall must be provided. but it mav
be either solid or at least 50% solid (e.g..lattice). All other rules applv.
HOUST
COMMl
NEWSP
AffIDAVIT Of PUI
STATE OF TEXAS
COUNTY OF HARRIS
Personally appeared before the undersigned, a N
County and State. Anqela Holman
, Represer
Publisher of the West Universitv Examiner, a ne
County of Harris, State of Texas. Who being dUly
report of Leqal Notices, a true copy of which is he
said newspapers in its issuers) of the
Ii(
day of ~
day of
A
OJ
My commission expires on
NOTICE OF ENACTMENT OF ORDINANCE
The Ibllowing is the caption and penallY clause of an ordinance !1nally p:l%ed and ap-
proved by the City Council of the City of West University Place, Texas, in regular session
on Monday, April 28, 2008. This ordinance takes effect on the tenth dny following its
publication,
CITY OF WEST UNIVERSITY PLACE, TEXAS
ORDINANCE NUMBER 1869
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE. TEXAS REGARDING MECHANICALEQlJWiliENT
IN REAR YARDS; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT.
CITY OF WEST UNIVERSITY PLACE.TEXAS
ORDINANCE NUMBER 1870
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE,.TEXAS REGARDING GARAGES INSIDE YARDS;
AND CONTAINING FINDINGS AND PROVISIONS RELATINGTO THE SUBJECT.
CITY OF WEST UNIVERSITY PLACE. TEXAS
ORDINANCE NUMBER 187 I
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS REGARDING BUILDINGS IN REAR YARDS;
AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
CITY OF WEST UNIVERSITY PLACE. TEXAS
ORDINANCE NUMBER 1872
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
. CITY OF WEST UNIVERSITY PLACE, TEXAS
ORDINANCE NUMBER 1873
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE. TEXAS REGARDING DEFINITION OF STRUC-
TURES; AND CONTAINING FINDINGS AND PROVISiONS RELATING TO THE
SUBJECT.
PehaltvforVi6lations:
Whenever in:this c()de or ill (lilY ordi~~llceofth~Cityan'act isprohibit~~ ,m~ i~ l11a~e or
declare,~,to b,eunlawful or~noffense ora rnisdemeanor;or whene"er in sllc~Code oror~
~inat1ceJhe, d()ing()(ao~ actis,r~qui~d()r tl1eifailure" to doaoYi actj~ declared to be
unla'.Vful or: an ()ffense; , !IIId, ~ospecWc penalty is proyidedtherefore, th~yiola9()n;, of. any
such'" pr()yision, ()( this (:ode or~ny, such, ordinanc~ shallb,e "punishe~by:a~nei, N()fine
shall,exceedt\Vo" th()usan~,~()II~rs($2,OPO,OO)for vi()lati()9s ofa!l suchrul~s; ordi~~nces
and "police regtilations" that go~el"l1fire safety;zo~ing or. public health a~d sanitati()n, in-
clu~i~g dlllllping of refuse., 901' e~ceedjive hundredAollars'($SOO,OO)ror~ll~ther vIola-
ti~n~, l'{openalty shaU!J~greateror,lessthant~~penalty provided for thesaple.or..a sil1li-
laroifense u9~erthe.I~~vsofth,e,state:' Each' dayanY,~i~lation, ()fthisCod~()~()fany, o~di-
nance continues shall constitute aseparateoffense;'
!s/GayleSch~lti
Gayle Schultz; City Secretary
West University Place; Texas
May I4,2008G
aayor 1\1.\(1\,\1 ,2008,
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LESLIE A. SYRING
Notary Public, State of :Bxas
My Commission ExpIres
February 02, 2011