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Home My WebLink AboutORD 1873 Definitions of Structures City of West University Place Harris County, Texas Ordinance No. 1873 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DEFINITION OF STRUCTURES; 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 Recommended: Signed: ri!f jJ~ Prepared by: James L. Dougherty, Jr. Approved as to legal form: a-/?~~ 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 DEFINITION OF STRUCTURES To the Honorable Mayor & Members of City Council: The Zoning & planning Commission of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. In the current ordinance, certain functional criteria define "structure" (e.g., something not portable, usually left in one place, fixed to the ground, etc.). The proposal adds a specific category to this definition: "A canopy or similar object designed or used to shelter a motor vehicle, a boat or similarly-sized items . . . , regardless of whether it is readily portable, frequently moved or unattached." The proposal also specifies that any such objects will lose "PNC status" (prior non-conforming status) after October 1, 2008. The principal purpose is to regulate awnings, canopies and similar objects that can resemble carports (and provide a reasonable period of time for existing objects to be brought into conformance) . Proceedings After preliminary Report. Pursuant to public notices, the zoning & Planning Commission 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 at least one witness commented. The Commission has considered all of this information and the Comprehensive Plan. The Commission recommends the proposal with a minor amendment. The amendment would allow temporary shelters to be used for up to ten days. Recommendation. Based on the review given this proposal, the Commission: (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 recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal, with the amendment discussed above, as shown in the attachment to this report. The vote. This report was authorized by the Commission at its meeting held on the date of this report. The vote was as follows: Commissioners Brown, Yehle, Duncan, Stafshede, McManus and Elkowitz voted lIayell; no I1noes;1I Corrrrnissioner Clark was absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~~< - For the Commission Amendment relating to definition of "structures" As amended, 3-13-08 Amend the definition of "structure" as follows: Structure. Anything made by humans which: (i) is not readily portable; (ii) is usually left in one location for an indefinite period oftime; or (iii) requires either permanent or fixed location on or in the ground or attachment to something having a permanent or fixed location on or in the ground for its use. Examples of structures, which do not limit this definition, are: sculptures; lampposts; sidewalks; driveways; playground equipment and facilities; buildings; flagpoles; antennas and pools. A canopy or similar obiect designed or used to shelter a motor vehicle. a boat or similarlv-sized items is deemed to be a structure if it remains in substantiallv the same nlace for more than ten davs. regardless of whether it is readily portable. frequently moved or unattached. Amend the chart in Section 12-103, subsection (h), by adding the following as the last row: Nonconformance with building Time period ending on October regulations bv a canopv or 1. 2008. similar obiect designed or used to shelter a motor vehicle. a boat or similarly-sized items. [Note: Under this amendment, the described objects lose "PNC status" (prior non- conforming status) after October 1, 2008J HOUST COMMl NEWS&:l AFFIDAVIT OF PU STATE OF TEXAS COUNTY OF HARRIS Personally appeared before the undersigned, a NI County and State. Anaela Holman , Represe Publisher of the West Universitv Examiner, a ne County of Harris, State of Texas. Who being duly report of Leaal Notices, a true copy of which is he said newspapers in its issue(s) of the Ii day of ~ day of A OJ My commission expires on ?.\~\ u NOTICE OF ENACTMENT OF ORDINANCE The following is the caption and penalty clause of an ordinance tinally pa$~ed and ap~ proved by the City Council orthe City of West University Place. Texas, in regular session on Monday, April 28, 2008. This ordinance takes effect on the tenth day folldwing its publication. CITY OF WEST UNIVERSITY PLACE, TEXAS ORDINANCE NUMBER 1869 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITV OF WEST UNIVERSITY PLACE. TEXAS REGARDING MECHANlcATEqmvwlENT IN REAR YARDS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. CIl)' OF WEST UNIYERSITY PLACE, TEXAS ORDINANCE NUMBER 1870 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS REGARDING GARAGES IN SIDE YARDS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. CITY OF 0'lili~~~b~WJIT~:if3~' TEXAS AN ORDINANCE AMENDING THE ZONING ORPINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING BUILDINGS IN REAR YARDS; AND CONTAINING FINDINGS AND PROYISIONS RELATING TO THE SUBJECT. CITY OF 0~~~~b~E:Jm-:it8~~' TEXAS AN ORDINANCE' AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; AND CONTAINING FINDlNGSANP 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 PEFlNITION OF STRUC. TURES; AND CONTAINING FINDINGS ANP PROVISIONS RELATING TO THE SUBJECT. Penaltv forViolations:i"...'. iii ii' ............... ..........'.'i...... Whenever .inthis code or, in, allY ordina~c~ofth~Citylulact is, pr~hibitedand. Wma4~or declare~tobeunl~\'1fulor;anoffense.. ora..li1isd~ll1eanor,orwhe~~verin s~ch. Code. or or~ ~ina~cethe ~tli~gtlf ~ny act,)srequired;ortlIelailure to. 4tlany~ct)s deelaregto be ~nla.\Vful...or..~npffens~, a~d.. ~ospecifi~.. p~~alty.is...proyided..tlJe~pfor7;thp.;Y.iol~t.i?n'tlf any suchpr9yisiontlr thisSqde. or~ny suchorilinance, shall....~p.punishp~b~a.~~p;.Nq fi~e shall ,exceed. ~WO. thqu~and'.4oll~rs'...($2.000.00)...for;.vi91ati9I)s.,'.o~.a!I.'suclI..~lp~;'..ordi~~~ce~ and police regul~tions; that gq'lPrn.fire safety;zoringor.. ptiblici bealth',ar4 saritation; in~ eluding gtllUpingtlfrefu~pnor e~ceed. five.. hundredAolla~s) ($500.0Q) fqr~llo~hprviola~ liors;. No. penalty shal!b:pgreatpr or Jpssthant.lIPpenalty prqyiged fqr thes:ll11c 'oras1mi7 la~ offense un,gerthe I~\'I~ ofthe:.~tate.E~ch' dar ~ny.xitllati(}n 9f *is.Co~p:tl~.ofarY tl~di- nance continues shalLconstitute a separate offense; lS!(JayleSch~lti Gayle.Schultz,ptySecl'et#iy West University Place,Texas May 14, 2008G aayor 1\\\ 11\.\J ,2008. - I ..",\l~IW'III, ':-~~h (~~:_:~) "'/ll;oi\\.~"~ 11/111I11\" LESLIE A. SYRli'lG Notal')' Public, State of }"6xas My Commission ExpIres February 02, 2011