HomeMy WebLinkAbout02122026 ZPC Agenda Item 3 City of
West University Place Community Development
To: The Zoning and Planning Commission
From: Chris Guess,Planning and Zoning Administrator
Date: February 12,2026
Re: Yard Art and Sculptures
Background Information:
At its meeting on December 8, 2025, the City Council of the City of West University Place directed the
Zoning and Planning Commission (ZPC)to review regulations related to yard art and sculptures and to
prepare a report evaluating potential amendments or additional regulatory measures.
In September 2025, following the installation of a prominent sculpture at a highly visible intersection, city
staff presented the ZPC with photographs of various existing structures located throughout the city. This
presentation was intended to be proactive and informational, illustrating the range of eclectic structures
currently within the city's jurisdiction, which vary in scale, height, and massing.
Most recently, at the ZPC meeting held on January 8, 2026, several residents attended to express questions
and concerns regarding this issue. Public comments addressed a range of topics, including privacy
considerations,the structural integrity of existing works, and recognition of certain structures that have
received notable acclaim and awards.
Applicable Regulations:
• Projection Table
o See Attachment:September 11, 2025 Staff Report—Projection Table
• Texas Local Government Code§ 211.016
o Applies only to zoning regulations that affect:
• the exterior appearance of a single-family residence, including the type and amount of
building materials; or
• the landscaping of a single-family residential lot, including the type and amount of
plants or landscaping materials.
o Establishes a timing limitation for new zoning regulations affecting appearance or
landscaping within residential subdivisions.
o Zoning regulations adopted after approval of a residential subdivision plat do not apply to that
subdivision until the second anniversary of the later of:
• the date the subdivision plat was approved;or
• the date the municipality accepts subdivision improvements offered for public
dedication.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
0 .,ity of
West University Place Community Development
• House Bill 2439 (2019 Legislative Session)
o See Attachment:House Bill 2439 (effective September 1, 2019)
o Prohibits municipalities from:
• limiting or prohibiting the use of specific building materials for residential
construction, renovation, maintenance, or alteration; and
• requiring building materials or standards that exceed those contained in applicable
national model building codes.
o Legislative intent includes preventing unnecessary costs and restrictions,promoting housing
affordability, and reducing regulatory burdens on residential development.
Staff Report:
Staff noted that the City of University Park, Texas is somewhat unique in that it regulates yard art and
sculptures directly through its municipal zoning ordinance, rather than relying primarily on homeowners'
associations, deed restrictions, or private architectural review bodies. Specifically, University Park addresses
yard art through its Accessory Uses and Structures regulations (Section 5.3), which classify such items as
accessory structures and establish objective standards related to location, height, number,volume, and
setbacks (e.g., limits on the number of statuaries per lot and maximum height and volume thresholds).
Accordingly, staff has included examples of both HOA bylaws and municipal regulations for comparative
purposes.
Staff further notes that direct municipal regulation of yard art would present significant enforcement
challenges. Such regulation could result in existing sculptures becoming legally nonconforming, raise
concerns due to the inherently subjective and aesthetic nature of art, and necessitate potentially arbitrary
determinations of appropriate scale in relation to individual lots or the surrounding built environment.
Staff Recommendation:
Staff recommends that the Zoning and Planning Commission conclude that no action is warranted at this
time with respect to the regulation of yard art and sculptures. As discussed in this report, matters related to
aesthetics are more commonly and effectively addressed through homeowners' associations, deed
restrictions, art boards, or Architectural Review Committees (ARCs), rather than through municipal zoning
or code enforcement.
Attachments
• River Oaks Property Owners, Inc (HOA Bylaws)
• City University Park, Texas —Accessory Uses and Structures
• Staff Report (09/11/2025)—Projection Schedule
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Place Community Development
• Redacted Presentation(09/11/2025)—Existing Sculptures
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
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AFTER RECORDING RETURN TO: (- 73,7847110
1 ',ro7,`'t'rj:� ?
WINSTEAD
Gary C. Mangold ✓ ATTORNEYS
River Oaks Property Owners, Inc.
3923 San Felipe Road
Houston,Texas 77027
email:gary.mangold@ropo.org
OFFICER'S CERTIFICATE
The undersigned hereby certifies that she is the President of River Oaks Property
Owners, Inc., a Texas nonprofit corporation (the "Association"), that she is duly authorized
acknowledge and execute this Officer's Certificate as such, and that Exhibit A attached hereto
and made a part hereof is a true and correct copy of that certain 2014 Policies and Procedures
with Architectural Review and Approval Process approved and adopted by a majority of the
Board of Directors of the Association pursuant to a duly called and regularly scheduled Board
meeting held on November 12,2014.
IN WITNESS WHEREOF, the undersigned has executed this Officer's Certificate on the
/ day of �t m 1)e/ day of ✓/ ,2014.
RIVER OAKS PROPERTY OWNERS, INC., a
T as profit c . : :.
By:
O!r
Nico e Perdue,President
STATE OF TEXAS §
COUNTY OF HARRIS0,4
§
rw /
This instrument was acknowledged before me on /�T day of D1r tt4/A�
2014, by Nicole Perdue, President of River Oaks Property Owners, Inc., a Texas nonprofit
corporation, on behalf of said corporation.
en"' IEZLEE A.BARTHOLOMY nAudialAunu,
[SEA [_:' _ Notary Public,state or rexosU.•:n: My Commission Expires
y%' a,' February 03, 2017 Notary Public Signature
�"11/11\��,
Cross Reference to the Amended Reservations, Restrictions and Covenants Applicable to All
Properties Located Within River Oaks Additions, Including Tall Timbers Section and Country Club
Estates,recorded in the Official Public Records of Harris County,Texas.
766243v.3 46289-2
EXHIBIT A
2014 POLICIES AND PROCEDURES WIT H
ARCHITECTURAL REVIE W AND APPROVAL PROCESS
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766243v.3 2ma
River Oaks Property Owners, Inc.
2014
Policies and Procedures
with
Architectural Review and Approval Process
G�d
Duly Adopted
November 12,2014
131
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Table of Contents
Page
ARCHITECTURAL REVIEW AND APPROVAL PROCESS 2
A. INTRODUCTION 2
B. MANDATORY REVIEW AND APPROVAL PROCESS 3
1. Submittal Prerequisites,Time and Place. 3
2. Preliminary Review and Approval Process for Major Projects. 4
3. Review and Approval Process for Construction Documents With City
Permit 7
4. Final Review and Approval Process for Major Projects 8
5. Review and Approval Process for Minor Projects 9
6. Review Fee for Major and Minor Projects 10
II. POLICIES and PROCEDURES 10
A. POLICIES AND PROCEDURES FOR DESIGN OF IMPROVEMENTS 10
1. Location and Setbacks of Improvements and Lot Consolidation 10
2. Permeability and Hardscapes
14
I ' 3. Mechanical Equipment 15
4. Fences, Walls and Hedges 17
5. Height Limitations
21
6. Enclosed Walkways 22
7. Building Setback Lines for and Accessory Improvements on a Secondary
Tract 23
8. Solar Energy Devices 24
B. POLICIES AND PROCEDURES CONCERNING CONSTRUCTION ACTIVITIES...25
1. Mandatory Construction Related Documents for Final Approval of Major
Projects 26
2. Restrictions on Construction Activity 27
3. Diligent and Continuous Pursuit of Completion 29
Table of Contents (continued)
Page
C. POLICIES AND PROCEDURES CONCERNING OTHER MATTERS 30
1. Existing Encroachments 30
2. Policy Relating to Non-Residential Use of Property 31
3. Payment of Maintenance Assessments 33
4. Work Hours for Lawn Maintenance and Landscaping Work 34
Resolution of the Board of Directors
of River Oaks Property Owners, Inc.'
WHEREAS, River Oaks Property Owners, Inc. ("ROPO") is a property owners'
association as defined in Chapter 204 of the Texas Property Code that has jurisdiction over all
sections of Country Club Estates, River Oaks Additions including Tall Timbers Section, and
certain additional tracts, all in Harris County, Texas (collectively, the "Subdivision" or "River —)
Oaks");
WHEREAS, ROPO, acting through its Board of Directors ("Board") and the predecessors
of ROPO, duly adopted the original and additional reservations, restrictions, covenants and
policies and procedures applicable to all sections of the Subdivision, as amended effective June 1,
2006 by the "Amended Reservations, Restrictions and Covenants Applicable to All Properties
Located Within River Oaks Additions, Including Tall Timbers Section and Country Club Estates"
(collectively, the"Restrictions");
WHEREAS, the Restrictions are applicable to any existing and proposed residential
dwelling, garage,outbuilding or other real property improvement located on any lot or tract of land
within the Subdivision (collectively, "Improvements");
WHEREAS, the Board also duly adopted and had filed of record its 2002 Policies and
Procedures ("P&P") dated May 8, 2002 ("2002 P&P"), and the 2010 Architectural Review and
Approval Process("ARAP"),dated June 30,2010,and updated August 31,2010("2010 ARAP");
2011 Policies and Procedures with Architectural Review and Approval Process ("2011
P&PARAP") dated November 9, 2011, and April 25, 2013, 2013 Policies and Procedures with
Architectural Review and Approval Process ("2013 P&PARAP");
I:,:1
WHEREAS, the Board analyzed its 2002 P&P, 2010 ARAP, 2011 P&PARAP, and 2013
P&PARAP and determined that in the best interest of the Subdivision that these instruments should
be consolidated,updated and replaced by the instrument that follows to better provide the Board's
interpretive guidance of and requirements to effectuate the Restrictions; 2014 Policies and
Procedures with the Architectural Review and Approval Process (the"2014 P&PARAP");
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WHEREAS the Board is vested with authority by the Restrictions and Texas law to
implement these 2014 P&PARAP and to enforce them with the assistance of ROPO's staff;
NOW, THEREFORE, the Board Directors of River Oaks Property Owners, Inc. does
hereby duly adopt these 2014 P&PARAP for all real property within the Subdivision effective
upon the 12th day of November, 2014, which shall amend and replace, including but not limited
to the 2002 P&P, 2010 ARAP, 2011 P&PARAP, and 2013 P&PARAP.
' If one or more provision of these 2014 P&PARAP,or the application thereof to any person or circumstance, shall
for any reason be held invalid,illegal or unenforceable in any respect,any such invalidity,illegality or unenforceability
shall be deemed stricken and shall not affect any other provision or the application of any other provision or
circumstances. The balance of the 2014 P&PARAP shall remain in full force and effect.
Page 1
I. ARCHITECTURAL REVIEW AND APPROVAL PROCESS
A. INTRODUCTION
The Board is responsible for enforcing the Restrictions that, among others,include specific
requirements about design and construction within River Oaks. For example, Sections 3, 4, 6, 9,
11, 13, 14 and 15 of the 2006 Amended Restrictions address design and construction requirements.
These requirements are complimentary, and any one requirement may not be read in isolation or
to the exclusion of other requirements. The Board interprets all of them holistically by giving
effect to all that are applicable to design and construction. The Restrictions require the Board to
enforce not only requirements with specific numerical limitations, such as site permeability
calculations, but also equally important general requirements, such as the preservation of the
historical integrity of, and the continuity of architectural styles within, River Oaks.
River Oaks has a significant historical presence in the City of Houston. Much of its
historical presence has to do with its original scheme of development. The developers envisioned
unity and harmony within River Oaks of the greatest importance in preserving and enhancing
property values. River Oaks has always kept stable property values, in part, because it is
homogeneous through uniform development and restrictions. The developers contended that the
value of a home site is influenced by the neighborhood, the restrictions and the home next door.
The original developers asserted that each home could be different in design,but River Oaks would
lei have architectural harmony within the group. Even different sized lots and houses were to exist in
harmony. The developers sought a variety of architecture but which fit into the landscaping and
entire group scheme; in their words, "harmony without monotony."
Not only did earlier versions of architectural controls prevent, as the developers put it:
wi "some architectural monstrosity just across the street or next door,"River Oaks was also conceived
in a spacious spirit with ample open space giving vistas of trees and lawns. The original scheme
of development was envisioned as a residential park with larger lots laid out so that vistas could
never be obstructed or Gulf breezes cut off. The great natural beauty of River Oaks before
development-- oaks and towering pines, flowering shrubs and open grassy space--was preserved
by the developers as a setting for homes. River Oaks residents were meant to have quiet enjoyment
of property from beautiful large and small homes, all simple and dignified architecturally, set well
apart and back from the street, with many surrounded by trees.
The Board acknowledges the wide variety of architecture developed over the decades in
River Oaks but is responsible for protection against any incompatible Improvements. The Board
further acknowledges the historical character of River Oaks as a subdivision with substantial
vegetation and open spaces. Thus, the Board will in its review and approval process consider
proposed design features of Improvements such as: setbacks, building materials and colors; roof
heights; architectural features such as doors and windows;massing, scale and spatial relationships
created both within the tract's building setback lines and with respect to the streetscapes and
surroundings houses and tracts; fences and walls; site permeability; and preservation of trees and
open spaces.
Page 2
The Process that follows will assist anyone intending to design and construct
Improvements in River Oaks better understand the Restrictions related to design and construction
and their enforcement by the Board.
B. MANDATORY REVIEW AND APPROVAL PROCESS
This section describes the architectural review and approval process used by ROPO when
an Owner of a lot or tract of real property in the Subdivision (the "Owner") seeks approval for
proposed designs and construction of Improvements on the Owner's lot or tract, whether such
project is considered substantive in scope or minor in nature (a "Major Project" or a "Minor
Project", as more specifically defined below). No construction of any Improvements whatsoever
may be commenced without the written approval of the Board or, with Board authority, ROPO
staff upon compliance with the review and approval process set forth in terms and provisions set
forth in this § I, Architectural Review and Approval Process (hereinafter referred to as the
"Written Approval to Begin Construction").
In the event an Owner transfers ownership of a lot or tract on which proposed
Improvements have been approved by ROPO but construction has not begun (excluding
demolition), the approved application and plans are not transferrable to the new owner and the full
Architectural Review and Approval Process will have to be initiated by the new owner of the lot
or tract.
1. Submittal Prerequisites,Time and Place.
The Board developed these processes to assist each Owner to identify and present
the drawings, certificates and other information necessary to request Board approval of proposed
Improvements and to demonstrate compliance of the Improvements with the Restrictions (the
"Submittal").
1,1
ROPO will not accept an Owner's Submittal for Board review unless all sums of
any nature owed by the Owner to ROPO are paid in full (e.g., maintenance fees and bills for
ij
services)in addition to the Architectural Review fees. If during the review process any sums owed
by the Owner to ROPO become overdue,the Board will withhold all approvals until all sums owed
k:r
are paid in full.
,4`, The Board considers Submittals at its regularly scheduled meeting on the second
Wednesday of each month, or such other meeting time as the Board may periodically set. In order
for a Submittal to be considered at a Board meeting, the Owner must submit it on or before the
20th of the preceding month, or if the 20th falls on a Saturday, Sunday or holiday when ROPO is
closed, the first business day following the 20th. The Board may request the Owner to meet with
the Restrictions Committee and/or the Board to discuss the Submittal, and the Owner is free to
request such a meeting, which will be granted in the Board's discretion. Submittals should be
deposited at ROPO's offices located at 3932 San Felipe Rd., Houston, Texas 77019 (entry
driveway is adjacent to Twin Oaks Cleaners).
Page 3
Incomplete Submittals will not be reviewed.
2. Preliminary Review and Approval Process for Major Projects.
The Preliminary Review and Approval Process requires each Owner for a Major
Project, as defined below, to obtain the Board's preliminary approval of the design early enough
in the design process to reduce costs from the development of a design that may ultimately be
disapproved. This Preliminary Review and Approval Process sets minimum requirements for the
information to be submitted, but each Owner is responsible for submitting any additional
information necessary to adequately explain the proposed design since the Owner is uniquely
qualified to determine how best to present it. Each Major Project Owner must obtain the Board's
preliminary review and written approval before any further review or approval by ROPO.
Commencement of developing or attempted permitting of any construction documents whatsoever
without the Board's preliminary approval is not permitted and will be at the Owner's sole risk of
the Board's subsequent rejection. Submittals that receive preliminary approval will also be subject
to § I.B.3 Review and Approval Process for Construction Documents with City Permit and § I.B.4
Major Project Final Review and Approval Process.
a. Applicability: This Preliminary Review and Approval Process is
required for all Major Projects.
i. Major Project means (i) construction of improvements that
result in the addition of living space to existing improvements and/or construction of additional
square footage to the property or improvements; (ii) substantial modification or renovation to the
exterior of any Improvements; and (iii) any other proposed construction project that by its nature
py, includes unusual or complex exterior design features.
til I
Minor Project means any project not defined as a Major
Project. A minor project will not result in the addition of any living space to existing improvements
and/or construction of additional square footage to the property or improvements. Examples of
Ir I
projects which would be classified as Minor Projects may include,but are not limited to:
• Replacement, addition or new construction of fencing;
11 • Painting of exterior of improvements;
• Replacement or modification of exterior windows and/or doors;
• Replacement or change of exterior cladding materials or decorative elements (siding,
stucco, trim, railings, balconies, etc.,) without changing the square footage of the
improvement;
• Roofing of improvements;
• Addition of a pool, spa and pool equipment, only.
• Landscaping improvement which does not include hardscape additions or additions of
areas such as gazebos or arbors, etc.;
Page 4
• Replacement of hardscape such as a driveway or sidewalk within the exact footprint of
the old driveway or sidewalk (any addition of hardscape would make this a major
project;
• Minor changes to an existing porch such as screening or patio covers(enclosing a porch
or a large porch addition would be a major project);
• Addition of a satellite dish or solar panels;
• Addition of stationary play equipment such as a play fort or play house;
• Addition or replacement of a generator, air conditioning units, wine chiller condenser,
or other exterior mechanical units.
If, at the time of application, a question exists as to the classification of a
project, the project shall be classified as major. If it is later determined by the Board that the
project is actually a minor project, this fee difference will be refunded.
b. Time for Preliminary Review Submittal: The Submittal should be
made once the schematic or preliminary design is established and documented. The design and
plans in a preliminary Submittal should be sufficiently developed to give the Board adequate
information to make an informed decision. Since the preliminary review process may result in
disapproval, the Owner is cautioned against creating and submitting designs and plans that are
overly or extensively developed.
c. Information Required for Preliminary Review: Each Preliminary
Review Submittal shall be developed to a schematic design level. The items listed below are the
I 'I
I` minimum requirements for a Submittal. Each Owner is encouraged to submit any additional
information necessary to adequately present the proposed design for the Board to make an
informed decision.
!Ti i. Information/application form completed with all information
requested;
ii. Two (2)sets of schematic architectural drawings including,without
It.
limitation:
• 1/8 inch scale site plan (showing landscaping, driveways, walkways and other
hardscape) in color
• 1/4 inch scale floor plans
• Exterior images that illustrate the schematic design for all applicable facades (front,
side and rear) comprised of elevations or similar drawings such as 3D images or scaled
models,depending upon the complexity of the Submittal,which together shall illustrate
at least: all exterior materials and colors; architectural features such as doors and
windows; massing, scale and spatial relationships created both within the tract's
building setback lines and with respect to the surroundings houses, streetscapes and
Page 5
similar size lots or tracts; preservation of trees and open spaces; and any fences and
screens (but excluding any wall sections, details, schedules and other information not
reflecting the exterior appearance of the Improvements)
• In addition, the submitted plans and other supporting information must be submitted in
PDF format. Image files may be submitted in JPEG, BMP or TIFF format. The means
of electronic transmission includes,but is not limited to, email, cd-rom or thumb/flash
drives (non-returnable). Any deviation from the format types outlined must be
approved in advance. Drawings may not be submitted in their original drawing file
format (DWG, RVT, VWX, etc.).
iii. A certification that the construction documents will require the
contractor to build a mock-up of the approved exterior facade
materials (4 ft. x 8 ft. min.) for review by a Board representative
during construction, before such exterior materials are procured;
iv. Schematic site drainage plan prepared by a registered engineer or
architect;
v. Calculations and diagrams showing the square footage of the whole
lot or tract and of the impermeable features including, without
limitation, all hardscape;
k l
vi. Drawings and diagrams demonstrating compliance with any
applicable restrictions on building heights and proximities,setbacks,
Prevailing Setbacks(defined below),fences,exterior equipment and
any other restricted feature;
vii. Exterior materials board(s) displaying samples of exterior materials
err and colors(each material must have a sample of not less than 1 (one)
IIy ft. square);
'm viii. A written narrative (not to exceed one (1) page, double-spaced or
300 words) describing and showing with one or more photographs
of existing Improvements in the Subdivision how the Owner's
design is compatible with the historical integrity and the continuity
of architectural styles existing in the Subdivision;
ix. A certificate of the natural grade of the Owner's lot, signed and
sealed by an engineer or surveyor currently licensed and registered
in the State of Texas (the "Natural Grade Certificate"). The
Owner is required to use the River Oaks Natural Grade Certificate
Form that is attached hereto and made a part hereof as Attachment
1 but is otherwise made available as a .pdf fillable document on the
River Oaks Property Owners website (\v w.rop .org), as the same
may be amended by the Board from time to time. The Natural Grade
Certificate is required for all Major Projects which require the
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determination of structure height above natural grade elevation (see
§ x below). If, under any circumstances the soil has already been
disturbed, or if issuance of the Natural Grade Certificate is somehow
not feasible, the Board shall require the Owner to determine grade
in an alternate fashion,which process shall be determined in the sole
discretion of the Board based upon the circumstances presented at
the such time.
x. Any additional information necessary to show compliance with the
Restrictions and the 2014 P&PARAP.
d. Retention of Documents: The copy of plans and other documents
submitted by an Owner will be retained on file in ROPO's offices and become the property of
ROPO. This shall include all plans and documents submitted electronically or using a digital
medium.
e. Information to Exclude from Major Project Review: Without
diminishing the Submittal requirements described in these 2014 P&PARAP, the Owner should
exclude from the Submittal any information that is confidential or sensitive since the records
maintained by ROPO, including the information in an Owner's Submittal file, may be subject to
certain public disclosure statutes.
I
f. Board Response to Preliminary Review: The Board will issue its
written Preliminary Approval for the Owner to move forward with development of the design and
information in the approved Submittal into construction documents and to seek a City of Houston
building permit(s); or will issue its disapproval of the Submittal. Disapproved Submittals may be
p'i revised and resubmitted or withdrawn from consideration. If approved, the Owner shall have one
i'n (1) year from the date of the written Preliminary Approval letter to submit plans that have been
approved by the City of Houston. If the Owner fails to submit City of Houston approved plans
prior to the one (1) year deadline, Preliminary Approval of the project will expire and the Owner
i will have to repeat the Architectural Review and Approval Process for Major Projects, including
payment of the review fee required at the time of resubmittal.
3. Review and Approval Process for Construction Documents With City Permit
After obtaining a City of Houston building permit,the Owner shall submit to ROPO
for review a full-size, to scale copy of the permitted construction documents bearing the City of
Houston approval stamps. The Owner shall submit the architectural construction documents and
any other portions of the construction documents necessary to demonstrate compliance with the
Board's Preliminary Approval. The minimum required documentation to submit for review
includes the site plan, all floor plans,roof plan, and all exterior elevations and sections. Additional
pieces of documentation may be requested by ROPO to ensure the Improvement meets Restrictions
and Policies. The principal purpose of the review is for ROPO to determine whether there are
material changes between the design that received the Board's Preliminary Approval and the
construction documents that were approved by the City of Houston and received the building
permit(s). No construction work, mobilization, utility work or other related activity may begin
before the Board's review and written approval of such permitted construction documents. If the
Page 7
permitted construction documents reflect material changes from the Submittal that received
Preliminary Approval, the Board may require all or part of the Preliminary Review and Approval
Process to be repeated. If there are no material differences, the Board or, with Board authority,
ROPO staff will issue a Written Approval to Begin Construction, which is issued subject to the
Owner's continuing compliance with the Final Review and Approval Process for Major Projects.
2
4. Final Review and Approval Process for Major Projects
The Owner must meet continuing obligations during the construction activity
period. The continuing obligations will generally be listed in the Written Approval to Begin
Construction and are listed below in § II.B.1, Mandatory Construction Related Documents for
Final Approval of Major Projects. In order for the Improvements to receive the Board's Final
Approval the Owner must, in addition to fulfilling all applicable requirements of the Restrictions
and the 2014 P&PARAP, fulfill all obligations listed in the Board's Written Approval to Begin
Construction and also must be in accordance and satisfy the obligations listed below:
a. No Changes Without Approval: No material changes in the design
or construction reflected in the Submittal that received Preliminary Approval may be made without
prior, written Board approval. The Board may require all or part of the Preliminary Review and
Approval Process to be repeated for any such requested change.
(t) b. Requirements During Construction: During construction the Owner
is responsible for compliance with the Restrictions and the 2014 P&PARAP. The Board will not
I ;I grant Final Approval of the Improvements while any violation remains uncured.
c. Curing Violations: The Board will issue directives to the Owner to
) correct the work or activity, or the lack of activity, which violates the Restrictions, the 2014
P&PARAP or the Written Approval to Begin Construction. The Owner is responsible for curing
any such violation(s) regardless of whether it is identified by ROPO. The Owner shall promptly
; comply with any such directives and promptly correct the violation(s). If after a reasonable time
the violation(s) is not corrected, it will be presented to the Board for further action.
I=a d. Enforcement Activity: If the Owner fails to promptly cure
411, violations, the Board may take measures to obtain compliance including, without limitation,
issuance of any necessary cease and desist directive, notification to the City of Houston or other
governmental agency with jurisdiction over the construction or seeking enforcement in a court of
2 Limited Review: ROPO's staff and the Board will endeavor to disclose to Owners any errors, omissions or
inconsistencies discovered while reviewing the Submittals; provided, however, that neither ROPO's staff nor the
Board shall have any legal duty to identify, nor shall they be responsible for, any such errors, omissions or
inconsistencies. ROPO's staff review is only for the limited purpose of checking for conformance of the relevant
information contained in the Submittals with the requirements of the Restrictions and any related requirements. Any
review of Submittals by the Board and ROPO's staff: is not for the purpose of determining the accuracy and
completeness of any information in Submittals; does not include review or approval of or responsibility for any
construction means, methods, techniques, sequences or procedures or any jobsite safety, all of which remain the
responsibility of the Owner; and is solely for the benefit of ROPO's staff and the Board. Neither ROPO's staff nor
the Board shall be responsible for the activity,errors or omissions of any Owner.
Page 8
law. ROPO will, after notice and an opportunity to be heard are given, collect reimbursement of
its attorney's fees and other reasonable costs incurred by ROPO relating to violations regardless
of whether litigation ensues.
e. Expiration of Approval to Begin Construction: A Written Approval
to Begin Construction expires by inaction as provided in the 2014 P&PARAP, § II.B.3. Once the
approval expires, the Architectural Review and Approval Process for Major Projects must be
repeated.
5. Review and Approval Process for Minor Projects
Each Minor Project Owner must obtain the Board's approval after completion of
the construction documents or other required submittals for all Minor Project Improvements to be
constructed or modified (the "Minor Project Review"). Receipt of the Board's final, Written
Approval to Begin Construction for all Improvements is required before any work may
commence. All approvals will expire by inaction as explained in more detail, below. Once the
approval expires, the Minor Project Review and Approval process must be repeated.
a. Information to Submit for Minor Projects:
i. For proposed projects consisting only of exterior painting of
INall or any part of Improvements, submit a mock-up (not less
than 1 ft. square) of the proposed paint with all proposed
coats applied to the material to be painted (e.g., plywood,
siding or brick).
11 ii. For all other Minor Projects, submit:
• Drawings and diagrams demonstrating compliance with the
applicable Restrictions including, without limitation, the extent
of proposed Improvements, location on the lot or tract, height,
exterior equipment and any other restricted feature;
• Two (2) sets of construction documents that reflect the
1"ti appearance and construction of the proposed Improvements;
• Materials board(s) or sample(s) displaying proposed materials
and colors; and
• Any additional information necessary to show compliance with
the Restrictions and the 2014 P&PARAP.
b. Response: The Board will issue its approval for the Owner to move
forward with the project or will issue its disapproval of the proposed project. Any disapproved
designs may be revised and resubmitted or withdrawn from consideration.
c. Retention of Plans: Plans and other information submitted by the
Owner will be retained on file in ROPO's offices and become the property of ROPO.
Page 9
6. Review Fee for Major and Minor Projects
The Board incurs certain expenses processing and reviewing each submission such
as the cost of ROPO staff and architectural consultants who advise the Board. In order to defray
this expense,the Owner must pay a review fee for the review and approval processes in an amount
established periodically by the Board. The amount of this fee is subject to change by the Board
without prior notice. Any resubmissions will require payment of additional fees.
II. POLICIES AND PROCEDURES
The following 2014 P&PARAP are intended to assist the Owner to comply with the
requirements of the Restrictions by providing the Board's interpretive guidance and requirements
to effectuate the Restrictions. However, nothing contained in these 2014 P&PARAP, no Board
action or inaction,nor any activity of or information provided by the ROPO staff shall be construed
as a waiver or modification of any provisions of the Restrictions or these 2014 P&PARAP, except
to the extent that the Board's approval, disapproval, variance or modification is permitted by the
Restrictions or the 2014 P&PARAP. Any such permitted approval, disapproval, variance or
modification shall only be granted in writing by the Board.
A PROPERTY OWNER OR POTENTIAL PROPERTY OWNER BEARS THE SOLE
RESPONSIBILITY FOR ASSESSING THE EFFECT OF THE RESTRICTIONS AND
THESE 2014 P&PARAP ON A LOT OR TRACT BEFORE PURCHASING IT OR
BEGINNING PLANS FOR CONSTRUCTION ON IT.
A. POLICIES AND PROCEDURES FOR DESIGN OF IMPROVEMENTS
Some types of Improvements or particular design requirements are principally addressed
in specific sections of the Restrictions (e.g., fences in § 4, or setbacks in §§ 6 & 11). However,
the design and construction of any and all Improvements must comply with all applicable
provisions of the Restrictions, not only those provisions that principally address the type of
111 Improvements or specific design requirement.
1. Location and Setbacks of Improvements and Lot Consolidation
a. General Setback Rules
Any planned or existing Improvements in the Subdivision must comply
with all location and setback requirements that apply to the lot, tract or Subdivision Section
including any modifications to such requirements made by the Board in its authority.
Projections related to roof structures that do not have livable space above,
such as overhangs,eaves, awnings, etc. may extend up to eighteen(18)inches beyond the recorded
setbacks for the property.
The Board may approve or disapprove the proposed location of
Improvements with respect to: setbacks shown in the plat, requirements of the Restrictions or in
the original deed, and compliance with any other provisions in the Restrictions. The Board may
grant variances from setbacks, the location of any Improvements and the direction that they must
Page 10
face, and any other architectural restrictions based upon circumstances such as topography,natural
obstructions, aesthetics or other relevant considerations. The Board may, in the best interest of
designated Subdivision Additions as a whole, modify requirements of the Restrictions concerning
the location of any Improvements on the lot or tract, and the direction the Improvements face. No
variance granted waives any requirement of the Restrictions except with respect to the single
instance, lot or tract to which the written variance applies and subject to the provisions and
limitations of such variance.3
b. Prevailing Setback Rule
Some Improvements on lots or tracts in certain sections of the Subdivision
must be located farther from the front property line shown on the applicable plat, recorded in the
real property records or in the Restrictions. If existing Improvements on any such lot or tract were
to be razed and new Improvements constructed according to the applicable plat, the recorded real
property records or the Restrictions, the new Improvements would disrupt the visual continuity
and sight lines on the street. The common distance from the front property line to the front
elevation of a residential dwelling on each lot or tract on a street on which existing Improvements
are set back farther is the "Prevailing Setback." These 2014 P&PARAP explain the process by
which a"Prevailing Setback," if any, is determined.
The Board determined that a Prevailing Setback exists if the Improvements
on three(3) or more nearby lots or tracts on a street are set back more than 15 feet farther from the
front property line than the front building setback line shown on the applicable plat, recorded in
the real property records or in the Restrictions. A Prevailing Setback may also exist in other
instances, as determined by the Board.
If a Prevailing Setback exists, the applicable "Segment" of
the street for which the Prevailing Setback applies will be
determined. The Board will determine the applicable
Segment on a case-by-case basis through visual inspection
of the Subject Street,review of aerial and other photographs,
and other means that help characterize the Prevailing
Setbacks within the Segment. The applicable Segment may
consist of both sides of the street or one side of the street,
and may consist of an entire block or partial block,
depending upon existing conditions.
ii. Once the Segment has been established, the Board will
determine the "Common Distance" of the setbacks within
the Segment. If all Improvements within the Segment are
set back substantially the same distance from the front
property line, then this distance will be the Common
Distance. If all Improvements within the Segment are not
The Board may not grant a variance from the requirements of the Restrictions relating to the use of a lot or the use
of Improvements on a lot.
Page 11
set back substantially the same distance, the Board will
determine the most common setback. If the most common
setback would accomplish the purposes of the Prevailing
Setback,with due regard for preserving the visual continuity
and sight lines within the Segment,then it will be established
as the Common Distance. If the most common setback does
not accomplish the purposes of the Prevailing Setback
because it would either (i) allow the applicable
Improvements to be located too close to the front property
line, or (ii) require the applicable Improvements to be
located too far from the front property line, the Board will
determine the Common Distance with due regard for the
applicable circumstances in order to preserve visual
continuity and sight lines of the Segment. If at the time of
the determination the Improvements on the lot or tract in
question have been demolished, the front setback of the
previously existing Improvements will be taken into
consideration for purposes of determining the Common
Distance within the Segment. Once the Common Distance
is established, the same shall be deemed the location of the
front building setback line for all purposes.
As a final check, the Board may consider the nature of the
Improvements that are proposed for the subject lot or tract.
For example, the height, massing and relationship to
adjoining properties of the proposed Improvements to be
located closest to the building setback line may be taken into
account in determining the Prevailing Setback applicable to
the subject lot or tract.
71 THE OWNER IS RESPONSIBLE FOR SEEKING A DETERMINATION OF WHETHER
Ihi ANY PREVAILING SETBACK REQUIREMENTS EXIST BEFORE PURCHASING A
LOT OR TRACT OR BEGINNING PLANS FOR CONSTRUCTION THEREON.
c. Combined Lots
The Owner of separate but adjoining single lots may combine up to three
such lots into one lot ("Combined Lot"), provided that such single lots were not previously
combined with another lot. The Owner of the lots must first seek and obtain Board approval for
the combination plan and comply with all re-platting requirements of the City of Houston.
i. Removed Setbacks: The Owner of the Combined Lot is not
required to comply with any building setback lines
Page 12
associated with the common property line(s) removed by
combining the lots. All other setback lines remain in force as
minimum setback requirements, and more stringent setback
requirements of the Restrictions may apply to the Combined
Lot.
ii. Front/Street Setbacks: The amount of setback from the front
property line(s),or those property lines parallel and adjacent
to a street, for the Combined Lot shall be not less than the
greatest of the distances required by: the applicable plat and
the recorded real property records, the Restrictions, or if
applicable, the Prevailing Setback for any single lot
comprising the Combined Lot.
iii. Side and Rear Setbacks and Permeability: The location of
Improvements on a Combined Lot with respect to side and
rear setback distances must, at a minimum, meet such
requirements set by plat, the recorded real property records
or the Restrictions for the single lots comprising the
Combined Lot. The permeability requirements for a
Combined Lot are based upon the area within the requisite
setbacks of the Combined Lot. However, other requirements
fir! of the Restrictions may impose applicable limitations on the
location, size, dimension and area of Improvements. For
example, the Restrictions also require preservation of the
historical character of River Oaks as a subdivision with
substantial vegetation and open spaces. River Oaks was
11'i conceived in a spacious spirit with ample open space giving
vistas of trees and lawns. The original scheme of
development was envisioned as a residential park with
0'1 homes set well apart. To meet these and other requirements
of the Restrictions, the Board is authorized by the
Restrictions to make modifications as described in § II.A.
1(a), above, that may affect the locations, side and rear
isi'; setback distances and permeability requirements of
Improvements on a Combined Lot. The Restriction further
empower the Board to disapprove proposed Improvements
if the architectural style of the Improvements is not
compatible with the predominant architectural styles of
Improvements in the Subdivision because of the proposed
Improvement location, side and rear setbacks and
permeability requirements.
When considering whether the location, side and rear setback
distances and permeability requirements for a Combined Lot should be further restricted by other
provisions of the Restrictions, the Board will consider relevant factors including, without
limitation:
Page 13
• setback distances for Subdivision lots comparable in size and shape to the
Combined Lot;
• massing, scale and spatial relationships created by Improvements both within the
confines of the Combined Lot and with respect to the surroundings houses and
streetscapes;
• preservation of vegetation and open spaces; and
• the prior disposition of similar Combined Lots.
THE OWNER IS RESPONSIBLE FOR DETERMINING THE APPLICABILITY OF
THESE REQUIREMENTS TO A COMBINED LOT BEFORE PURCHASING LOTS,
REPLATTING LOTS OR DESIGNING IMPROVEMENTS FOR A PROPOSED
COMBINED LOT AND IS ENCOURAGED TO SEEK GUIDANCE FROM THE BOARD.
2. Permeability and Hardscapes
The purpose of this provision is to preserve permeable areas for surface water,
minimize the diversion of surface water to streets and adjacent lots, and preserve the historical
character of River Oaks as a subdivision with substantial vegetation and open spaces.
a. General Rule on Permeability
The following lot or tract coverage limitations apply in addition to any other
applicable limitations on the size, dimension or area of any proposed Improvements:
i. For a tract of 15,000 square feet or more, the total combined
area of the footprints of the residential dwelling, garage,
outbuilding, other improvement and any hardscape shall not
exceed one hundred percent (100%) of the total area of the
tract within the front, side and rear setbacks of the tract
including any Prevailing Setback.
For a tract of less than 15,000 square feet, the total combined
area of the footprints of the residential dwelling, garage,
outbuilding, other improvement and any hardscape shall not
exceed one hundred ten percent (110%) of the total area of
the tract within the front, side and rear setbacks of the tract
including any Prevailing Setback.
iii. For combined (re-platted) tract, which are addressed in
§ ILA.I(c) above, the total combined area of the footprints
of the residential dwelling, garage, outbuilding, other
improvement and any hardscape shall not exceed one
hundred percent (100%) of the sum of the permissible
coverage for the individual lots within their respective front,
Page 14
side and rear setbacks before combined, including any
Prevailing Setback.
For purposes of this paragraph, the footprint of the Improvements is its slab
or foundation. Hardscape includes, without limitation, synthetic grass, driveways, walkways,
swimming pools, patios, lanais, tennis courts, and hardscape products that are marketed as
"permeable"and all impermeable hardscape. ROPO encourages the use of"permeable"hardscape
products to the extent impermeable surfaces are permitted under the Restrictions even though such
products will be considered part of the hardscape for the purposes of this provision.
The permitted lot or tract coverage for a proposed design must comply with, and may be
further limited by, other requirements of the Restrictions that may affect lot or tract
coverage.
b. Driveways and Walkways
The Submittal for Preliminary Review for any project must show the
location, dimensions, material and color of any proposed new or modified driveway or walkways.
The proposed walkway or driveway must be compatible with the predominant types of
walkways and driveways in the Subdivision and with the other Improvements proposed for
the lot or tract.
In the event an existing driveway or walkway requires replacement due to
normal wear and tear, some casualty event or the like, the driveway or walkway may be repaired
or demolished and replaced provided that the completed repair or replacement is substantially
similar to the previously existing driveway or walkway in terms of location, dimensions, material
and color. Otherwise, Board review and approval is required.
A rock yard or similar type of hardscape is not permitted in the front yard
or any other part of the yard if visible from the street in front at ground level, and if a corner lot,
from the front street or side street at ground level.
3. Mechanical Equipment
The term"Mechanical Equipment"means any exterior heating, ventilating and air-
1,4 conditioning units, air-handling units, swimming pool equipment, generators and any other
mechanical equipment.
a. General Rules
Any Mechanical Equipment installed or replaced after the June 1, 2006,
shall meet the following requirements:
i. Mechanical Equipment shall not be located nearer to any
street than permitted for the primary residence.
ii. Mechanical Equipment shall not be located nearer to any
side or rear property line than the corresponding building
Page 15
setback lines for the lot or tract, and in no event closer than
five(5) feet to a property line.
iii. Mechanical Equipment situated within ten(10)feet of a side
or rear property line must provide sound attenuation that
reduces the noise generated by the equipment to not more
than the limit provided by any applicable City of Houston
ordinance, measured from the nearest point at which a
structure may be constructed on the lot or tract adjacent to
the side or rear property line on which such Mechanical
Equipment is to be installed or replaced, except as provided
on § 3(c),below.
iv. Mechanical Equipment shall be located at ground level and
be screened from view from any street adjacent to the lot or
tract by landscaping or approved fencing.
v. These General Rules shall apply unless the Board previously
granted a variance in writing or the Board grants a written
variance upon proper request.
b. Prohibited Mechanical Equipment
No commercial Mechanical Equipment (i.e., units or
components primarily designed for use in an office building,
shopping center or the like) is permitted on any lot or tract,
a unless the Board determines that the noise generated by the
w
proposed Mechanical Equipment, whether at start-up or
during operation, is no greater than the noise generated by a
1 residential condenser unit of similar capacity.
ii. No window or wall air-conditioning units are permitted in
any Improvement in the Subdivision.
c. Exception for Mechanical Equipment in Certain Limited Locations
1;MI
hja
This limited exception to the General Rules applies only to
the proximity of Mechanical Equipment to a rear property
line that is parallel with and immediately adjacent to the
following streets: San Felipe, Westheimer and South
Shepherd
ii. Upon prior written approval by the Board, Mechanical
Equipment situated within ten (10) feet of the rear property
line in these limited locations, but no nearer than five (5)
feet, is not required to have the sound attenuation otherwise
required in § 3(a)(ii), above. The distance of the Mechanical
Page 16
Equipment to the side property line shall remain as set forth
in the Restrictions and above.
d. Existing Mechanical Equipment That is Encroaching or Removed
i. Operational Mechanical Equipment existing before June 1,
2006, and located nearer to a side or rear property line than
five (5) feet or other than at ground level shall be treated
according to these 2014 P&PARAP for Existing
Encroachments (§ II.C.1, below). In the event Mechanical
Equipment requires replacement due to normal wear and
tear, some casualty event or the like, the equipment may be
replaced at the same location with new equipment if, and
only if, the replacement equipment is substantially similar in
terms of type and size as the Mechanical Equipment being
replaced and generates an equal or lower level of decibels of
sound. Otherwise, the replacement Mechanical Equipment
must comply with the General Rules, above.
ii. Replacement of existing Mechanical Equipment after June
1, 2006, that does not meet the requirements of § 3(d)(i),
must be replaced in accordance with the General Rules,
above.,14 4. Fences, Walls and Hedges
r ; An Owner shall submit to the Board a request for approval of any proposed fence,
wall or gate through the Review and Approval Process for Minor Projects, unless the request is
included as part of a Major Project review. Any fence, wall or gate proposed to be constructed on
a tract on which there is no house or other permanent Improvements must be approved by the
Board, as well.
a. General Rules
NL�1.
The following requirements apply to all tracts within the Subdivision:
f
i. No fence, wall or gate shall be located nearer to any street
than permitted for the primary residence.
ii. The allowable heights stated below are measured from
natural grade to the highest point of the fence, wall or gate
including, without limitation, architectural embellishments.
iii. Shrubbery and hedges shall be treated as a fence or wall for
the purposes of these provisions.
iv. An Owner may seek written consent from the Board to build
a fence, wall or gate higher than permitted or nearer to a
Page 17
street than is permitted for the house. The Board may
disapprove a proposed fence, wall or gate that does not
comply with applicable setbacks, height restrictions or any
other related requirement or if it reasonably determines that
the proposed fence, way or gate is not compatible with the
overall design of homes and related improvements in the
Subdivision.
v. Retaining walls to control existing natural grade may be
constructed at the front property line. The overall height,
including all structural decorative or lighting elements, is
limited to twenty-four (24) inches from existing natural
grade at the base of the wall.
b. General Rules for Height and Location
The following requirements apply to all tracts within the Subdivision that
are governed by no other applicable requirements in the Restrictions:4
No permissible fence,wall or gate shall exceed eight(8) feet
in height, except a fence along the rear property line, as
provided below; provided, however, that a fence, wall or
1 gate parallel to the side property line that is adjacent to a
:41 street other than a Busy Street, as defined below, shall not
; I exceed six (6) feet in height, and may be installed from the
rear property line to the front building line of the house. A
(Pi fence, wall or gate parallel to the side property line that is
adjacent to a Busy Street shall not exceed eight (8) feet in
height along the Busy Street and may be installed from the
rear property line of the property within two (2) feet of the
lot's or tract's front property line.
ii. No fence, wall or gate installed along the rear property line
ii of a lot or tract shall exceed ten (10) feet in height, except
that if, and only if, a window or balcony on an adjacent lot
mo
or tract is within ten (10) feet of such rear property line,then
a lattice,trellis or a similar approved screening material may
be installed on or attached to the fence or wall along the rear
property line for privacy purposes, up to a maximum height
of twelve (12) feet.
iii. No fence, wall or gate installed along the common shared
side property line between adjoining lots or tracts shall
° Many sections and tracts within the Subdivision are subject to additional or different height and location
requirements including,without limitation,those sections identified and addressed in§4.c,below.
Page 18
exceed eight (8)feet in height and may be installed from the
rear property line of the property to the front building line of
the house.
c. Additional or Different Height and Location Limitations in Certain
Sections
The Restrictions contain certain additional or different fence, wall or gate
requirements for Country Club Estates, Block 26, the Tall Timbers Section and Sections 7, 8, 9,
10, 11 and 12 of the Subdivision. The Owner should review these requirements in § 4 of the
Restrictions if proposing fence, wall or gate Improvements in these sections. The Board will
consider an Owner's request for a written variance with respect to these sections including,without
limitation, a request to apply the General Rules, above.
d. Variances for Noisy or Busy Streets
The Board may grant a variance based upon the location of the lot, traffic
issues, noise and security. Before granting a variance, not less than two (2) members of the Board
will inspect the tract to evaluate the basis of the requested variance. Currently, each of the
following is considered a"Busy Street":
River Oaks Boulevard
Kirby Drive
Inwood Drive
qw South Shepherd Drive
San Felipe Road
Westheimer Road
Locke Lane (behind the Lamar Shopping Center)
Claremont Lane(see iv. below)
If the lot or tract fronts on or is adjacent to a Busy Street, a variance may be
granted to allow a fence, wall or gate to be located nearer to the property line that is adjacent to
the Busy Street if the following requirements are met:
i. A solid fence or wall not exceeding eight (8) feet in height,
measured from natural grade, may be constructed along the
front of each lot or tract that fronts on South Shepherd Drive,
San Felipe Road and Westheimer Road, and along the side
of each lot or that is adjacent to South Shepherd Drive, San
Felipe Road and Westheimer Road;
ii. A solid fence or wall not exceeding six (6) feet in height,
measured from natural grade, may be constructed along the
front of each lot that fronts on Locke Lane and faces the
Lamar Shopping Center parking lot (being Lots 29, 30,31
and a part of Lot 32, in Block 23, Section 4);
Page 19
iii. No fence, wall or gate adjacent to the Busy Street shall be
nearer to the property line than two (2) feet;
iv. Properties located on the east side of Claremont will be
allowed 6 ft. high fencing, gates and/or hedges closer to the
street than allowed for the house. Properties located on the
West side of Claremont are not eligible for front fencing or
hedges, and side fences or hedges may not extend past the
front setback lines on these properties.
e. Materials
Materials must be compatible with the materials commonly used for fences,
walls or gates on other lots or tracts in the Subdivision.
i. Fence and wall materials shall be generally limited to wood,
iron and brick or a similar masonry material. Concrete
masonry units and similar masonry units visible from a street
or another lot or tract must be covered with an approved
finish material (e.g., not just painted CMU).
i''• ii. Gates shall be generally limited to wood and/or metals. All
wrought iron or other metal used in the construction of a
fence, wall or gate must be painted either black, River Oaks
Green(i.e.,very dark green), a dark bronze or the like,unless
otherwise approved in writing by the Board;
i)!; iii. A fence, wall or gate that is adjacent to a street is required to
have a finished side facing the street; in the case of wood
fences, all posts,rails or other supports may not be visible
[11 from a street;
iv. Barbed wire, razor wire, or any type of electrical wire are
prohibited as or on any fence of hedge. This paragraph does
not prohibit an "invisible" fence that controls pets through
uJs�
underground electrical wiring.
f. Existing Fences. Walls and Gates
If any existing fence, wall or gate is voluntarily removed or requires
replacement due to wear and tear, some casualty event or the like, its replacement must comply
with the Restrictions and these 2014 P&PARAP.
g. Measuring the Height of Fences. Walls and Hedges
i. No fence shall exceed the height limitations established by
the Restrictions or the 2014 P&PARAP. (Height limits for
Page 20
fencing varies from section to section. Please consult the
Restrictions and these 2014 P&PARAP for more
information about fencing heights).
ii. The height of a fence shall be measured as the vertical
distance from existing natural grade to the top of the tallest
element of the fence material.
(1) Existing natural grade is defined as the
ground level before grading (either inside or
outside the fence).
(2) The height measurement of a fence includes
any decorative features or lighting affixed to
the top of any part of the fence.
(3) Any existing or new retaining walls are
defined as a landscape feature to control
natural existing grade. Retaining walls may
be either an integral part of a fence or upon
which a fence may be erected. However, the
retaining wall with a fence will be measured
as one, unless there are unusual natural grade
114 issues brought to the attention of the Board
for review and approval before construction.
(4) If the proposed fence location intersects a
drainage or driveway swale perpendicularly,
the fence height shall be measured at the edge
of the swale. The fence is not required to dip
down to follow the slope of the swale.
Hedges are subject to the same height and location
restrictions as fences.
h�V
5. Height Limitations
The Board established the following height limitations consistent with its duty to
preserve the historical integrity of, and the continuity of architectural styles within, the
Subdivision.
a. The height of the primary residence shall be limited as follows:
Lot/Tract Size Maximum Height
Less than 25,000 sq. ft. 35 feet
Page 21
25,000 sq. ft. to 43,560 sq. ft. 38 feet
Lots or tracts in excess of 43,560 sq. ft. 41 feet
b. The following additional limitations apply:
Any residence, garage or outbuilding shall not exceed two
and one half(21/2) stories. Any living space above the soffit
line of the second story shall be contained within the gable
of a pitched roofline of the house(i.e.,within the attic space),
and the house shall have the exterior appearance of a two-
story house. Roof dormers are permitted. Any residence,
garage or outbuilding with a predominantly flat roof shall
not exceed two (2) stories, unless the Board grants a
variance.
ii. No part of any residence, garage or outbuilding shall exceed
twenty-five (25) feet in height if any part of such residence,
garage or outbuilding is within ten (10) feet of any property
line.
iii. In accordance with the schedule presented in § II.B.1.e., and
prior to Final Approval, a certificate of the determination of
structure height above natural grade elevation (which is
!'°1 certified in the Natural Grade Certificate, Attachment 1),
shall be signed and sealed by an engineer or surveyor
currently licensed and registered in the State of Texas (the
"Height Elevation Certificate"). Height Elevation
Certificates shall be required for all Major Projects which
require the determination of structure height above natural
grade elevation and shall incorporate the result(s) of the
! Natural Grade Certificate required in § I.B.2.c.ix. Such
Height Elevation Certificate must be submitted by Owner on
% that certain River Oaks Height Elevation Certificate Form
that is attached hereto and made a part hereof as Attachment
2,but is otherwise made available as a.pdf fillable document
on the River Oaks Property Owners website
(w «.ropo.org), as the same may be amended by the Board
from time to time.
iv. Any proposed change in the natural grade elevation of the
subject lot or tract shall be specified on the plans submitted
for review and approval, and written Board approval must
be obtained to materially change the grade.
6. Enclosed Walkways
Page 22
A lot or tract Owner may construct an enclosed walkway between the primary
residence and a garage or outbuilding provided it complies with this provision,
a. The presence of a permissible enclosed walkway, regardless of its length,
does not alter the setback requirements of the lot or tract for the residence,
garage or outbuilding. The garage or outbuilding to which the enclosed
walkway connects must comply with the setback requirements applicable
to a garage or outbuilding.
b. The enclosed walkway may be located at either the first floor or the second
floor level but cannot be enclosed on both the first and second floors. The
enclosed access walkway's dimensions shall not exceed six (6) feet in
exterior width and eight (8) feet high interior ceiling height. There must be
a door at each end of the enclosed walkway.
7. Building Setback Lines for and Accessory Improvements on a Secondary
Tract
The Board adopted the following requirements concerning Accessory
Improvements, as defined below, on a Secondary Tract, which is a separate tract of land adjacent
to, and under common ownership with, the lot on which the primary residence is located
("Secondary Tract").
a. Accessory Improvements include, without limitation, swimming
pools, pool houses and other such Improvements other than the
primary residence on a Secondary Tract ("Accessory
Improvement").
b. Unlike secondary Improvements to be located on the lot with the
primary residence, the required setbacks for an Accessory
Improvement on the Secondary Tract are permitted to comply with
the required setback lines for a primary residence, garage, or
outbuildings. The building setback lines are measured from the
4.4 property lines and not lot lines shown for lots as originally platted if
such lot lines do not coincide with the property lines.
c. Setback lines established subsequently to the Owner taking
ownership of the Secondary Tract that are more restrictive shall
govern such Accessory Improvements.
d. Proposed Accessory Improvements on a Secondary Tract must be
reviewed and approved according to the Review and Approval
Process for Major Projects.
e. The Board reserves the right to withhold approval to construct on a
Secondary Tract any proposed Accessory Improvements that in the
Board's judgment is likely to be a visual or audible nuisance, even
Page 23
if the proposed Accessory Improvement otherwise adhere to these
requirements.
f. Any existing Accessory Improvements not in compliance with these
requirements are subject to removal before conveyance of the
Secondary Tract to another Owner, unless both the Secondary Tract
and the lot on which the primary residence is located are conveyed
together to a single grantee. The seller/Owner shall inform ROPO
in writing before selling any such Secondary Tract in order for the
Board to determine before the sale whether any such existing
Accessory Improvements must be removed before sale.
g. Nothing in these requirements shall be interpreted as granting
permission for an Accessory Improvement where otherwise
prohibited.
8. Solar Energy Devices
The Board adopted the following requirements concerning solar energy devices.
a. A "solar energy device" means a system or series of mechanisms
designed primarily to provide heating or cooling or to produce
electrical or mechanical power by collecting and transferring solar-
generated energy. The term includes a mechanical or chemical
device that has the ability to store solar-generated energy for use in
heating or cooling or in the production of power (collectively with
any associated supports, frames, support brackets, piping and
wiring, an "SED").
b. An SED may be installed in the Subdivision but only by meeting the
requirements of this provision. Any installed SED that becomes and
remains continuously inoperable for a period of six (6) months or
more shall no longer be considered a permitted SED, and upon
i�aly
written instruction of the Board, must be promptly, safely and
legally removed from the Subdivision.
c. Any SED that threatens the public health or safety or violates a law
is prohibited from the Subdivision, and any installed SED that
becomes a threat to the public health or safety or violates a law must
be promptly, safely and legally removed from the Subdivision.
d. No solar energy device may be located on any real property owned
or maintained by ROPO or on any real property in which the
members of ROPO have a common ownership interest.
e. An SED may only be located: on the roof of the primary residence
or other outbuilding or structure permitted by the Restrictions on the
Page 24
lot or tract; or in a fenced yard or patio of the lot or tract owned and
maintained by the Owner.
i. A roof-mounted SED:
a) may not be located on a roof or portion of a roof facing any
street adjacent to the tract or lot unless such roof or roof
portion faces the rear property line that is adjacent to South
Shepherd Drive, San Felipe Road or Westheimer Road;5
b) may not extend higher than or beyond the permitted
rooflines;
c) must have its top edge parallel to the permitted roofline and
must conform to the slope of the roof; and
d) must utilize frames, support brackets, and to the extent
visible, piping and wiring that are a silver, bronze, or black
tone commonly available in the marketplace and that best
match the roof color.
No portion of an SED in a fenced yard or patio may be
located higher than the top of the lowest fence height
permitted by the Restrictions for the lot or tract.
t°J No SED may be installed in a manner that,as installed,voids
material warranties.
f. No SED or replacement SED may be installed without first
complying with the Major Project Review and Approval Process, The Board may withhold
1,1 approval of an SED if it determines in writing that the proposed placement of the SED would
(f' create a condition that substantially interferes with the use and enjoyment of land in the
Subdivision by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.
The Owner may submit to the Board the written approval of the proposed placement of the SED
by all Owners of adjoining lots and tracts confirming that such an objectionable condition does not
exist. The Board will consider an appeal, but may in its discretion reject the request in the best
interests of complying with the Restrictions and these 2014 P&PARAP.
B. POLICIES AND PROCEDURES CONCERNING CONSTRUCTION ACTIVITIES
The Owner has the duty to comply with these requirements during construction.
ROPO will consider an alternate location on the roof if the alternate location increases the estimated annual energy
production of the SED,as determined by using a publicly available modeling tool provided by the National Renewable
Energy Laboratory, by more than ten percent (10%) above the energy production of the SED if located in an area
designated by ROPO.
Page 25
1. Mandatory Construction Related Documents for Final Approval of Major
Projects
Certain information about the construction is required during construction within
the time limitations indicated below. The certificates must be to-scale originals and must be signed
and sealed by an engineer or surveyor currently licensed and registered in the State of Texas, all
surveys must indicate the distance of the Improvement to each property line.
Required Submittal Submission Deadline
a. Copy of the Plans that are stamped Within three days after receiving approval
"Approved"by the City of Houston from COH and not less than one week
(COH) Pell-nit Department before commencement of construction
b. Site plan illustrating the size, color and At least 3 business days before placing the
location of the on-site office or trailer, if office or trailer on the lot or tract.
any. (NO SIGNS, NAMES, LOGOS OR
OTHER GRAPHICS WHATSOEVER
ARE ALLOWED ON THE OFFICE OR
�.� TRAILER)
c. Certified Foundation Form Survey(open At least 3 business days before placing
areas shown adjacent to building setbacks concrete
will not be accepted)
Lin d. Certified Slab Survey that must confirm At least one week before framing or other
the slab placement as shown on the work atop the slab is commenced
lr' approved plans
e. Height Elevation Certificate based upon Upon completion of highest framing and at
the natural grade set forth on the Natural least 3 business days before installing any
Grade Certificate on file with ROPO. roof decking
Owner is required to use the River Oaks
Height Elevation Certificate Form attached
hereto as Attachment 2 and as available as
a .pdf fellable form on ROPO website
\\w_roho_or.), as the same may be
amended by the Board from time to time.
f. Notice to ROPO to view the required At least 3 business days before the final
mock-up of the approved exterior facade ordering of any material reflected in the
materials (4 ft. x 8 fI. min.) for review by a mock-up
Page 26
Board representative during construction
and before the installation of such exterior
materials. Final approval of the mock-up is
required before such materials may be
installed
g. As-Built Final Completion Survey After the house is completed and before its
Certificate showing the location of all the sale or occupancy
Improvements including, without
limitation: street entrances, garage and
other outbuildings, pools and pool
equipment, air conditioning units,
generators, location of and height of all
fences and/or gates in compliance with the
approved plans
Standard survey stakes must be maintained at each corner of the lot or tract to
facilitate field inspections.
�#I
2. Restrictions on Construction Activity
L',1 The Restrictions impose certain requirements and limitations on construction
activity. The Owner of the lot or tract is responsible for assuring compliance.
a. General Requirements and Parameters
No construction work, mobilization, temporary or
permanent utility work,stockpiling materials or other related
activity may commence until the Board issues its Written
Approval to Begin Construction. The placement of the
K'., construction office or trailer or equipment onto the site or
Is,r construction utilities are considered commencement of
construction.
ii. The construction trailer or office shall not be moved on-site
without the Board's Written Approval to Begin Construction
and separate written approval of a site plan illustrating the
size, color and location of the construction office or trailer,
if any. The Owner shall submit the trailer/office site plan at
least 3 business days before the date requested for
placement. NO SIGNS, NAMES, LOGOS OR OTHER
GRAPHICS WHATSOEVER ARE ALLOWED ON THE
OFFICE OR TRAILER. The construction trailer or office
Page 27
shall be removed from the site within thirty (30) days after
the date of Substantial Completion.
iii. The date of Substantial Completion is the date when the
construction work is sufficiently complete in accordance
with the construction documents so that the Owner can
occupy or utilize the Improvement for its intended use, as
further defined by AIA Document A201-2007.
iv. A construction refuse container placed on the lot shall be
designed and maintained to prevent trash and debris from
blowing out. It shall be: regularly emptied and maintained;
and located in the most unobtrusive, accessible location. .
v. One (1) port-a-can is permitted. The port-a-can: cannot be
onsite more than seven (7) days before construction
commences; must be located as far from the front property
line as possible while still enabling regular servicing; must
be screened from view from adjacent streets or neighbors;
must be regularly serviced; and must be removed within
thirty(30) days after the date of Substantial Completion.
vi. ROPO staff members shall have full access to the
construction site and construction project once Written
Approval to Begin Construction has been issued to the
Owner and ending with the Final Completion of All
Improvements.
b. Work Hours and Activity
Construction or demolition work is not permitted on any
weekday that is not a holiday before 7:30 a.m. or after dusk
or 7:00 p.m., whichever is earlier. Construction or
� y. demolition work is not permitted at any time on a Sunday,
or on a Saturday before 9:00 a.m. or after dusk or 6:00 p.m.,
whichever is earlier. Construction or demolition work is not
permitted at any time on the following listed holidays: NEW
YEARS DAY, MEMORIAL DAY, INDEPENDENCE
DAY (JULY 4th), LABOR DAY, THANKSGIVING DAY
and CHRISTMAS DAY. The term "construction work or
demolition" in this section means both interior and exterior
construction or demolition activities. Construction or
demolition work includes actual construction work and
staging activities including, without limitation, gathering of
workmen, parking of delivery vehicles, delivering, loading
and unloading materials, consumables, machinery and
equipment or operating any machinery. Notwithstanding the
Page 28
foregoing, construction or demolition work that is not noisy
(interior painting, for example) and which does not involve
noisy staging activity or other exterior activity, is permitted
between the hours of 9:00 a.m. and 6:00 p.m. within the
interior of a residential dwelling or other improvement on
any day on which construction or demolition work is
otherwise prohibited.
ii. Workmen may not play radios or any other audio equipment
at a volume that disturbs neighbors.
c. Posting of Restrictions
From the commencement of construction through final completion, the
contractor shall post and maintain a sign at the main entrance to the work site near the street in
minimum 48 point font, in both English and Spanish, stating at least the following:
CONSTRUCTION RESTRICTIONS
Construction work,demolition,gathering of workmen,parking of delivery trucks,
delivering,loading and unloading materials,consumables,machinery and
equipment or operating any equipment is only allowed:
L j
Weekdays:
• 7:30 a.m.until dusk or 7:00 p.m.,whichever is earlier
Saturdays:
• 9:00 a.m.until dusk or 6:00 p.m.,whichever is earlier
Sundays or the Following Listed Holidays: NEW YEARS DAY,
MEMORIAL DAY,INDEPENDENCE DAY(JULY 4T"),LABOR
DAY,THANKSGIVING DAY and CHRISTMAS DAY:
C;1I
• No exterior work allowed
Quiet interior work such as painting is allowed on all days from 9:00 a.m. until
6:00 p.m.
3. Diligent and Continuous Pursuit of Completion
The Restrictions and these 2014 P&PARAP impose reasonable limitations on the
length of time within which construction of Improvements must be completed. The Improvements
visible from an adjacent street are not be permitted to exist in an incomplete state without ongoing
and meaningful construction once construction starts,
a. The Board expects that construction will commence promptly after
issuance of the Written Approval to Begin Construction. The
construction of all Improvements must be completed before the
Page 29
expiration of the Written Approval to Begin Construction including,
without limitation, completion of all landscaping, driveways and
sidewalks ("Final Completion of All Improvements"). Once
commenced, the Owner shall not permit the construction to be
stopped,interrupted or abandoned for any substantial period of time,
and the construction shall be diligently and continuously pursued
through Final Completion of All Improvements, Periods of
inactivity for more than thirty (30) days are not permitted absent
circumstances the Board determines constitute an event of force
majeure.
b. The Written Approval to Begin Construction expires eighteen (18)
months after the date of issuance regardless of when construction
commences, unless the Board grants an extension. The Board will
consider granting up to two consecutive extensions of six(6)months
each. Any request for an extension shall be in writing,state the basis
for the request and be made at least thirty(30)days before expiration
of the Written Approval to Begin Construction. The Owner is
required to inform the Board before commencing any construction
if the planned schedule for obtaining Final Completion of All
Improvements exceeds thirty(30)months because of the difficult or
extensive nature of the Improvements. The Board will determine in
its sole discretion whether to grant any extensions,
c. Material changes in the design or construction from that reflected in
the Submittal that received Preliminary Approval are not permitted
without prior, written Board approval. Any such unapproved
changes are subject to modification or removal as required by the
Board.
y
) The Owner shall ensure that construction is commenced and performed diligently
iL.'; and continuously according to this provision.
k; IF THE OWNER OR OCCUPANT OF A LOT OR TRACT ALLOWS THE PROJECT TO
REMAIN INCOMPLETE WITHOUT ONGOING AND MEANINGFUL
CONSTRUCTION ACTIVITY, THE BOARD MAY FINISH OR REPAIR THE
EXTERIOR OF THE IMPROVEMENTS AND OTHERWISE RESTORE THE
PROPERTY TO AN APPROPRIATE CONDITION AT THE OWNER'S EXPENSE, IN
ADDITION TO ALL OTHER REMEDIES THE LAW PROVIDES, INCLUDING,
WITHOUT LIMITATION, STATUTORY PER DIEM PENALTIES AND ATTORNEYS'
FEES.
C. POLICIES AND PROCEDURES CONCERNING OTHER MATTERS
1. Existing Encroachments
Page 30
An Owner of a lot or tract in the Subdivision has an affirmative obligation to
promptly disclose to ROPO the discovery of any existing Improvements that encroach on any lot
or tract or setback line shown on the applicable plat,recorded in the real property records or in the
Restrictions.
The Board will not require removal of the existing encroachment or violation
provided that all of the following circumstances exist:
a. No ROPO records can be located indicating that a notice of
encroachment or violation was issued for the subject lot or tract;
b. There has been no effort by the lot or tract Owner to conceal the
encroachment or violation from ROPO or mislead ROPO
concerning it; and
c. The encroachment was constructed before June 1, 2006.
If any one or more of these conditions are not met, the Owner shall within ninety
(90)days after written notice from ROPO remove or correct the encroachment or violation. Written
approval must be obtained from the Board before the removal, destruction or correction of the
encroachment or violation. The encroachment or violation must be removed in connection with
any new construction or remodeling of any or all such Improvements.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF OR CONSENT TO
isj
VIOLATE ANY OF THE RESTRICTIONS.
2. Policy Relating to Non-Residential Use of Property
The Restrictions place limitations on the use of lots or tracts and their
Improvements in the Subdivision.
a. A Subdivision lot or tract and its Improvements may be used for
single family residential purposes only.
i. Quarters for domestic workers and guests may be used for
residential purposes by one or more members of the single
family occupying the principal residence on that lot or tract
and by domestic workers employed principally for work on
the premises.
ii. No garage, outbuilding or quarters may be leased or rented.
iii. Any use of the principal residential dwelling that involves
any lease or other arrangement allowing it to be occupied for
a period less than six(6)consecutive months(e.g., corporate
lodging) is prohibited.
Page 31
iv. The lot or tract and its Improvements may not be used for a
duplex apartment, a duplex house, an apartment house, a
garage apartment or for any multi-family use.
v. The lot or tract and its Improvements may not be used as
museum, gallery, exhibition venue or the like.
b. The lot or tract and its Improvements may not be used for any
business, professional, religious or commercial activity of any type,
unless the business,professional,religious or commercial activity is
unobtrusive and merely incidental to the primary use as single
family residential.
i. Prohibited commercial use includes, for example:
• sales, auctions, showings, or solicitations for immediate
sale of goods or services, from any residence, even if the
sales, auction, showing or solicitation is for the benefit of
charity (except as expressly permitted below);
• catering operations of any kind;
1F • estate or garage sales or auctions;
4,1
• movie or television filming or production.
ii. No business, professional, religious or commercial
advertising, sign, symbol, structure, logo, icon, flag or sign
may be displayed on the lot or tract, and all related audio or
visual displays, by any means, are prohibited, However, the
' displaying or affixing of religious items on the entry to the
Owner's primary residence, the display of which is
motivated by the Owner's sincere religious belief, is not
prohibited;
No invited clients, customers, business or professional
guests, employees and the like may use the lot or tract and
its Improvements for or in connection with business,
professional, religious or commercial purposes unless such
use is unobtrusive and merely incidental to the primary use;
iv. No business, professional, religious or commercial related
purpose may be otherwise apparent by reason of noise, odor,
vehicle and/or pedestrian traffic, and the like.
c. Fund-raising events of a social nature for friends and neighbors at
residences for charitable, civic,or political purposes are not deemed
to be nonresidential or commercial use of property. Approval of any
Page 32
such activity is conditioned upon there being no signs, sales or
solicitations on the portion of the lot or tract visible from an adjacent
street.
3. Payment of Maintenance Assessments
The Board adopted the following policies relating to the payment of assessments:
a. All annual assessments are payable on or before January 1 of the
year of the assessment.
b. Each year's assessment is owed until paid.
c. The Board reserves the right,in addition to its other rights,to impose
an interest charge on the amount of any assessments owed but
unpaid. Such interest charge shall commence thirty (30) days
following the date the assessment first becomes due. The interest
rate charged shall be the lesser of: i) the highest non-usurious
interest rate allowed by law; or ii) 6% simple interest per annum.
Any payment received on an Owner's delinquent account shall first
be applied to delinquent and current assessments, fees and interest
4i in the order determined by the Board.
d. The Board will not review, consider or approve any Submittal for a
lot or tract until all ROPO assessments thereon are paid in full.
e. The Board reserves the right to suspend services for non-payment.
f. As an accommodation to Owners, ROPO will respond to inquiries
from an Owner's lender or the lender's designee to determine
whether the Owner's assessment account is current,provided the fee
1,i ROPO charges for providing this information is paid. If such
account subsequently becomes delinquent,the Board may in its sole
discretion, on or after February 1 of the assessment year: i) initiate
communications to advise such lender of the delinquency; and ii)
inform such lender that the Board will forebear from foreclosing any
of ROPO's lien rights for not less than sixty-one (61) days from the
date of the notification in order for the account to be made current.
The Board may thereafter exercise any of its rights or remedies with
respect to the lot or tract and the Owner of the lot or tract.
Page 33
4. Work Hours for Lawn Maintenance and Landscaping Work
Lawn maintenance work and landscaping work performed by a third party
contractor is not permitted at any time on a Sunday or on a Saturday before 9:00 a.m. or after
1:00p.m. Lawn maintenance work and landscaping work is not permitted at any time on any of the
following listed holidays: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY
(JULY 4`h1), LABOR DAY, THANKSGIVING DAY, and CHRISTMAS DAY. Lawn
maintenance work and landscaping work performed by a third party contractor is not permitted on
any weekday that is not a holiday before 8:00 a.m. or after 5 p.m.
Ind
15
r•i
Page 34
ATTACHMENT 1
NATURAL GRADE CERTIFICATE
Page 1
Print Form
RIVER OAKS
NATURAL GRADE CERTIFICATE
REAR BEADING LINE
I I
I
I I
NATURAL- -`
I GROUND NATURAL I
GROUND
C D
Cr:IBU'ICBIyG SETBACK I
5, LOT
.......... __
NATURAL NATURAL
GROUND GROUND
A
iRCHT SETBACK
PROPERTY UNE •
TOP OF CURB TOP OF CURB
.1i STREET
LOCATION OF PROJECT BENCHMARK YOU MUST USE THE SAME PROJECT BENCHMARK FOR
i431
lop• of Curb C Nail on Power Pole 1.HEIGHT CERTIFICATION FOR MAIN RESIDENCE&GARAGE'OUTBUILDING
kIL STRUCTURES
�"Noil in Fence C Other 2.SITE PLAN
3.DRAINAGE PLANS
15=
Li NATURAL GRADE ELEVATIONS
,; MAIN RESIDENCE 0.00
Elevations A+8/2=Natural Grade Elevation INSERT SEAL
OR USE STAMP
GARAGE I OUTBUILDINGS 0.00 HERE
FOR STRUCTURES SUBJECT TO 25'HEIGHT LIMIT
Elevations C+D/2=Natural Grade Elevation
ai
is Owner's':_
ORIGINAL ENGINEER OR SURVEYOR SIGNATURE
Property Address:
Lot _ Section NAME:
Subdivision COMPANY:
NOTES: JOB 0:
DATE
RIVER OAKS PROPERTY OWNERS•Natural Grade Certificate•REV.9 9.2014
Page 2
ATTACHMENT 2
HEIGHT ELEVATION CERTIFICATE
Page 1
Print Form
RIVER OAKS
HEIGHT CERTIFICATION
Principal & Rear Yard Structures
ROOF PEAK
ti
NATURAL _---_
GROUND
- ......__TOP OF SLAB
PROJECT BENCHMARK LOCATION OF PROJECT BENCHMARK
(Benchmark must he the same as benchmark used for Natural Grade Certificate) r Top of Curb C Nail on Power Pole
C Nail in Tree C Other
STEPS TO DETERMINE THE HEIGHT OF STRUCTURES:
1.From PROJECT BENCHMARK,determine TOP OF SLAB ELEVATION.
2.When framing is complete,and prior to decking,determine distance from TOP OF SLAB to HIGHEST ROOF PEAK.
3.Subtract NATURAL GRADE ELEVATION from HIGHEST ROOF PEAK ELEVATION(or HIGHEST POINT if closer than
to'to any property line)to determine STRUCTURE HEIGHT above natural grade elevation.
PRINCIPAL STRUCTURE ACCESSORY STRUCTURE
,,,,,J C Anucfrd r D.IacheJ
Owls one)
TOP OF SLAB ELEVATION
114
TOP OF SLAB TO HIGHEST ROOF PEAK + +
IJ HIGHEST ROOF PEAK ELEVATION = 0.00 = 0.00
NATURAL GRADE ELEVATION
(F,on,Nutoo7 Grcde Certidccre1
HEIGHT OF STRUCTURE' = 0.00 = 0.00
'MAX Height= above Natural Grade Elevation 'MAX Height a 25'above Nettled Grade
Elevation-within 10'of any property Bn.
itj
i4 Owner(s):
Property Address:
tot Block Section INSERT SEAL
S OR USE STAMP
Subdivision
HERE
i
iEa NOTES:
ORIGINAL ENGINEER OR SURVEYOR SIGNATURE
NAME:
COMPANY:
JOB F:
DATE
RIVER OAKS PROPERTY OWNERS•Height C&io I,e f em•REY 10.1414
RECQtttuaiii.'S MEMORANDUM:
At the time of recordation, this Instrument was
found to be Inadequate for the bast photographic
Parse 7 reproduction because of illegibility, carbon or
photo copy,discolored paper,etc.All biockouts,
additions and changes were present at the time
the Instrument wes Eland and recorded.
z i N
x,
0
r
no a
i
CD
1
w
MY PACVISCH DM H4iCA PESTRJCTS THE SUE RDTTAA,CA USE OF DE DESGS8ED REAL
F9CPEATY KCAL%Cf CCL CA DA AXE IS MAW AND LIEWCKVELE I KEA FEDERAL LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I heresy any hal ro nstu ed rat FILED n Re ikrrta Swr a an Is dak ard al 0e Fa)
arozdberm ttorat xd was A PECETUD,n 3u OW PuYc RUCs d Ra31 Fccpety d Kris
Carry,Tam
DEC - 2 2014
v�s ' t`�
: >* �- ��
4xl;o COUNTY CLERK
HARRIS COUNTY,TEXAS
City of University Park,TX
§ 5.3. Accessory Uses and Structures.
5.3.1 Accessory Uses Allowed.Accessory uses and structures are allowed only in connection
with lawfully established principal uses.
5.3.2 Allowed Uses and Structures.Allowed accessory uses and structures are limited to those
expressly regulated in this article, including this section(Section 5.3) and Table 5-2, as
well as those that, in the determination of the community development director, satisfy
all of the following criteria:
A. They are customarily found in conjunction with the subject principal use or principal
structure;
B. They are subordinate and clearly incidental to the principal use of the property; and
C. They serve a necessary function for or contribute to the comfort, safety or
convenience of occupants of the principal use.
5.3.3 Time of Construction and Establishment.
A. Accessory uses may be established only after the principal use of the property is in
place.
B. Accessory buildings may be established in conjunction with or after the principal
building or use. They may not be established before the principal building or use is
in place.
5.3.4 Location.
A. On-Site.Accessory uses and structures must be located on the same lot as the
principal use to which they are accessory, unless otherwise expressly allowed.
B. Rear Yard Location.A detached accessory building or structure, including a garage,
may be located in the rear half of the lot between the rear of the principal building
and the midpoint of the lot if it is set back from the side lot lines at least 7 feet or a
distance equal to 10%of the lot width, whichever is less.
C. Front Yards.In addition to the building encroachments allowed in accordance with
Section 2.10, the following are expressly allowed within the front yard area of
residential districts if they are constructed of permanent materials approved by the
community development director:
1. Up to 4 freestanding columns not exceeding 5 feet in height or 2 feet by 2 feet
in dimension on lots with a width of less than 60 feet;
2. Up to 4 freestanding columns not exceeding 5 feet in height or 3 feet by 3 feet
in dimension on lots with a width of 60 feet or more;
3. Freestanding columns not exceeding 8 feet in height on SF-1-zoned lots of
more than one acre in area;
4. Lamp posts that are not freestanding columns, no more than 6 inches in
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City of University Park,TX
§ 5.3 § 5.3
diameter and no more than 8 feet in height;
5. Up to 4 statuaries,bird baths,pedestals or yard art objects per lot,not to exceed
5 feet in height or 20 cubic feet in volume per object and located at least 5 feet
from all property lines;
6. Lawn furniture, including benches,tables,and stools no more than 30 inches in
height;
7. Retaining walls no more than 2 feet above the average natural grade of the front
yard;
8. One flagpole per lot, not exceeding 25 feet in height, measured from natural
grade, set back a minimum distance equal to the height of the flagpole,
measured at natural grade, from all adjoining lot lines. The flag may not exceed
24 square feet in area; and
9. Earth berms for landscaping and screening purposes, constructed of permanent
materials approved by the community development director, provided that the
height of the berm may not exceed 1 foot of height for every 2 feet of horizontal
distance. The crown of the berm may not exceed 42 inches in height. Berms
may not be located or erected so as to obstruct or interfere with vision of a
public street by a motorist entering or existing a driveway.
5.3.5 Side Setbacks.
A. Unless otherwise expressly stated, detached accessory buildings and structures must
be set back at least 3 feet from any interior side lot line,as measured from the closest
point of the structure[.]
B. (Reserved)
C. Attached accessory buildings are subject to the minimum side setback regulations
that apply to the principal building.
D. When located within 40 feet of the rear property line, windows or other openings
greater than 12.5 feet above the top of the foundation or a vertical wall surface
exceeding 12.5 feet in height may not be adjacent to any interior side lot line unless
such windows, openings, or vertical wall surfaces are set back at least 20 feet from
such interior side lot line.
5.3.6 Rear Setbacks.Non-garage accessory buildings and accessory structures must be
setback at least 3 feet from the rear lot line.
5.3.7 Lot Coverage.The principal building, all accessory buildings and all other structures in
excess of 30 inches above ground level may not cover more than 50%of that portion of
the lot lying to the rear of the midpoint line of the lot.
5.3.8 Separation.Detached accessory buildings must be separated by a minimum distance of 6
feet from the principal building. This required separation area may not contain stairs.
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City of University Park,TX
§ 5.3 § 5.3
5.3.9 Tennis Courts (Private).
A. Private tennis courts are allowed only if approved in accordance with the specific
use permit procedures of Section 9.4.
B. A private tennis court may not cover more than 20%of the overall lot area.
C. Private tennis court surfaces and all appurtenances other than fences or walls must
be set back at least 3 feet from the rear property line and any easements.
D. No portion of a tennis court surface, fence, wall or other related appurtenance may
be located within the front yard.
5.3.10 Swimming Pools (Private).
A. General.Swimming pools constructed on residential lots must be:
1. Below-ground pools;
2. Located behind the front building line of the associated principal building and
screened from view of all streets by a fence, wall or building; and
3. Constructed of concrete or other approved material that is inert, nontoxic, and
impervious to vermin and decay.
B. Side and Rear Setbacks.Swimming pools must set back at least 5 feet from all side
and rear lot lines, measured from the inside walls of the swimming pool.
C. Gates and Enclosures.
1. Any gate allowing access to the swimming pool area from the outside through
any accessory or detached building or structure other than the principal
building may not exceed 48 inches in width and must also be equipped with
self-latching mechanisms.
2. See also Section 8.9 for regulations governing swimming pool enclosures.
D. Lighting.Lights in the swimming pool area, except those within the swimming
pool, may not be mounted at a height that exceeds the height of the fence
surrounding the pool and must include full-cutoff type light fixtures to prevent light
trespass and spillover onto adjacent properties.
E. Drainage.
1. Swimming pools must be equipped with proper filtration and water treatment
equipment to ensure that the water will be sanitary at all times. Equipment must
be connected by an underground conduit to the sanitary sewer adjacent to such
property and a proper indirect waste connection must be made, as required by
the plumbing ordinance.
2. Deck drains or surface water may not be discharged into the sanitary sewer but
must be diverted away from adjacent property into a storm drain either in the
Downloaded from https://ecode360.comJUN6503 on 2026-01-21
City of University Park,TX
§ 5.3 § 5.3
street or an alley.
5.3.11 Breezeways and Covered Walkways.
A. A single-story breezeway or covered walkway may connect a principal building
with a detached accessory structure, subject to compliance with the regulations of
this subsection.
B. The detached accessory building or structure to which the breezeway is attached
must comply with all applicable accessory structure regulations (see Section 5.3.2).
C. The breezeway or covered walkway must be at least 50% unenclosed and comply
with the side setback regulations that apply to the principal building.
D. The breezeway's or covered walkway's vertical walls may not exceed 12.5 feet in
height, and the breezeway may not exceed 6 feet in width (measured between the
structure's vertical supports).
E. The eaves or roof overhang on a breezeway or covered walkway may not exceed 24
inches.
5.3.12 Air Conditioner Condensing Units and other Mechanical Equipment.
Air conditioner condensing units, swimming pool pumps, power generators and similar
mechanical equipment are subject to the following regulations:
1. Equipment adjacent to streets or lots occupied by residential uses must be screened
by a solid or wood fence, a wall or landscaping. Equipment may not exceed the
height of the screening.
2. In SFA zoning districts, equipment may be located in the rear yard along the
common side property line of abutting SFA-zoned lots without screening if a party
wall/mutual access agreement among abutting property owners is recorded.
3. No more than 5 pieces of mechanical equipment may be located in a single side
yard. A minimum clearance of 2 feet must be maintained between equipment and
the side property line,
4. At least one required side setback must be kept clear of all equipment.
5. Equipment must be set back at least 2 feet from rear property lines.
6. Placement of new equipment associated with the renovation, addition, and/or
construction of a new residential structure must comply with the regulations of this
section. Replacement of nonconforming mechanical equipment will be allowed to
continue until the building site is redeveloped.
7. Roof-mounted air conditioner condensing units and similar mechanical equipment
are prohibited on residential dwelling units.
8. Equipment may not exceed a height of 54 inches above the ground.
Downloaded from https://ecode360.com/UN6503 on 2026-01-21
City of University Park,TX
§ 5.3 § 5.3
Figure 5-1: Breezeway/Covered Walkway
Figure 5-2: Example Plan of Accessory Structures on Typical Lot
GAMSF
,F4
gig..
5.3.13 Accessory Dwelling Units.
A. Accessory dwelling units are allowed on lots occupied by single-family dwelling
units, subject to compliance with the regulations of this subsection.
B. Accessory dwelling units may be occupied only by immediate family members or
by domestic workers who are full-time household employees of the owner/occupant
of the subject property. In case of a live-in domestic worker family, all adult family
members must be full-time household employees of the owner/occupant of the
subject property.
C. Accessory dwelling units may not be used for rental purposes or barter exchange.
D. Kitchen, cooking, food preparation, bathroom and other plumbing facilities are
allowed within an accessory dwelling unit.
E. The accessory dwelling unit may not have separate utility meters.
F. The community development director is authorized to issue a building permit to
construct, remodel, or make addition to a residential accessory dwelling unit only if
a deed restriction instrument limiting the use of the accessory dwelling unit to
immediate family members or domestic workers who are full-time household
employees of the owner/occupant of the subject property has been filed with the
community development director in a form approved by the city attorney and
sufficiently executed for recording in the Dallas County Deed Records.
5.3.14 Home Occupations.
Downloaded from https://ecode360.com/UN6503 on 2026-01-21
City of University Park,TX
§ 5.3 § 5.3
A. General.A home occupation is allowed as an accessory use to an allowed
household living use, subject to the regulations of this subsection 5.3.14.
B. Operator.The operator of a home occupation must be a full-time resident and
member of the household occupying the dwelling unit. No other outside employees
or assistants may be involved in the conduct of a home occupation.
C. Sales.The home occupation may not involve the sale of goods or services delivered
to the buyer on the subject property.
D. Operation and Appearance.
1. There may be no visible evidence of the conduct of a home occupation when
viewed from the street or right-of-way or from an adjacent lot.
2. There may be no change in the exterior appearance of the dwelling unit that
houses a home occupation or site upon which it is conducted that will make the
dwelling appear less residential in nature or function. Signs and other exterior
advertisements are expressly prohibited.
3. No outdoor storage of equipment or materials used in connection with the home
occupation is allowed.
4. No equipment or process may be used in a home occupation that creates noise,
vibration, glare, fumes, odors, or electrical interference detectable to the
normal senses beyond the boundaries of the subject lot.
5. Home occupations may not cause or create any nuisance, or cause or create any
substantial or undue adverse impact on any adjacent property of the character
of the area, or threaten the public health, safety or welfare.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
Downloaded from https.//ecode360.com/UN6503 on 2026-01-21
City of
West University Communi
Place ty Development
To: The Zoning and Planning Commission
From: Chris Guess, Planning and Zoning Administrator
Date: September 11, 2025
Re: Sculptures in front yards
<rip
Background Information:
The City of West University Place has recently identified m iple ulp res in front yards. 0 rdina is
silent about front yard sculptures.
Applicable Regulations:
• Appendix A; Article 7A.—Res' e ' I D' rict— pecific Regulatio a - . rojection
Schedule
Table 7A-7. Projections Schedul ene Rule: This s edul: se certain structures which
a allowed to "proje• . • ar . - -tbacks). It also provides
sp cial rules for calcu • op.. • pervious areas affected
y such structures th. - •s (or'setbacks')" and the
"Open & Pervio re ' tab - .
Type of Structure Maximum Allo Proje (In Inches), Special
Measured nside Edge Of The Yard Rules For
Calculating
Open &
Pervious
Areas
Rear Side Yard ° SF
(Illi
rd Yard _ Bufferyard
Buil ems above ground 15" See 24" except 15" See The area
and level: Eaves, cor . Note 12 that no item Note 12 does not
Attached roof exte '•n below the count as
Structures "gree • • - :n eave may be open area.
win. 's (no ,or closer than
spa wi sills, 36" to the
cantile, • building SPL. See
space, w •w boxes, i Note 12
belt course , indow air
conditioners, and similar
parts of buildings.
3826 Amherst St. unuw.westutx.gov
West University Place, TX 77005
713-662-5830
(..,lty of
West University
Place Community Development
Items at and above 15" 15" See 12" except 15" See This area
ground level: Note 12 that no item Note 12 does not
Chimneys/fireplaces below the count as
(with cross-sectional eave may be either open
areas of 8 square feet or cl r than or pervious
less) and similar parts of to the area.
buildings. P
12
Porches/platforms/decks 0, but 0, 0, ee No 0, see Th area
higher than 14 inches see Note N 12 12 Note 12 of
and similar structures 1 oun
attached to a building. hero n
1141 o rvious
. re . The
rea
eneath a
\ ' deck m
count asay
1 .
pervious
110 area if rain
is allowed
to pass
through the
deck.
Step of highe n the 120" 0, s 0, e Note 0, see The area
first-fl level. 0 12 Note 12 does not
count as
either open
or pervious
area.
)orches,
ear ground level: 1 No limit 0, See Note No limit The area
platforms, a 12 counts as
ecks higher than six an open
nches but not hi r area. The
than 14 i.---s, area
simila u -s beneath a
att. -d to • ding deck may
count as
pervious
area if rain
is allowed
to pass
through the
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Communi
Place ty Development
deck.
Other parts of buildings 0, but 0, 0, ut se 0, but see T area
and structures attached see Note se Not e Note 3. of
to buildings 2. No s 3 Not 12 See Note oun
• 4. 12 ' er o n
Se. o rvious
Note • . re .
Ground- , Sidewalks, patios, e - o Ii , No limit o he area
level and porches/platforms/deck , io lim counts as
underground retaining walls, -xcep an open
items driveways, parking that area but
areas, and simile ,ecks not a
structures not hi :y no pervious
than six inches; p .ect (1)* one unless
undergro d more the
structure a also than 120" material is
Ta 7 r ding completely
per.' s pave pervious to
water. The
(lib
area
beneath a
deck may
count as a
pervious
area if rain
is allowed
<tIP C°
to pass
through the
deck. See
Table 7A-
3.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
West University
Place Community Development
Mechanical Air conditioning 0 See See Note 6. 0 The area
Equipment equipment, pool Note 6. does not
equipment, and similar count as '
freestanding mechanical either open
equipment or pervious
area.
Utility meters and related 0 No limit " 12" The area
apparatus may count
as both an
•- -rea
=nd
1116(. 1111, iou
Basketball goals I I No Ii No limit No he area
Certain
Accessory generally, bur I ay count
Structures see Note as both
open area
and
pervious
area.
Book Sharing E a N, imit 0 0 The area
--- <e-
(1 per bu. .ng site) generally, does not
but see count as
Note 13. either open
or pervious
area.
ro d equipment 61: i t 0 No limit The area
ic(
may count
as both
open area
and
" pervious
area.
Flagpoles /6 ' 0 0 0 The area
may count
as both
open area
and
pervious
___ area.
Fences 0, but No limit No limit, but No limit The area
see see Notes does not
Notes 8.1 8.1, 8.2 and count as
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Community ty Development
and 8.2 , 11. either open
or pervious
area.
Swimming pools 0 0, but 0, but see , No limit The area
see Note N 9. I counts as
9 an open
I area. Only
the water
ar a
as
ervi
a.
Sport Courts (with I 0, . 0 No lib rea
associated screens) see e . ou is as
pen area
•ut not
pervious
area
(unless the
area is
made of
grass,
sand, or an
equivalent
pervious
material).
is nclosures CI\111°Q*)0 No limit The area
CO ,te counts as
open area
but not
(c) pervious
area
(unless the
area is
made of
grass,
sand, or an
equivalent
pervious
material).
Lights and I pposts No limit No limit , No limit No limit The area
generally generally generally generally may count
but see but see but see Note but see as both
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
ity of
West University Communi
Place ty Development
Note 10. Note 10. 10. Note 10. open area
and
pervious
area.
Gate closers 24" No limit N . it No limit The area
may count
as both
open area
an
s
rea. _
Signs (see Code of No limi rile 0 0 e are
Ordinances) not
4 ou t as
ither open
; \ or pervious
area.
SWOT Analysis:
(6*
Strength:
• A strict inte eta n he absence of"sculptures" ns p ►bited.
Weakness:
• Amb''aNA .n eft to interpretation and ca op' I pt is hearing on a case-by-case basis.
Opportuniti: 11.
• . . . . i dit al type of structure "C • cessory Structures" and regulate location and
scale p• or prohibit).
Threat
• A . . eration of art, whi s s o nature, subjective.
• A desire to regul h (bey the regulatory authority of the City and more in line with an
HOA).
Presentation:
3826 Amherst St. www.westutx.gav
West University Place, TX 77005
713-662-5830
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Monthly Community Magazine October 2014 .
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_ - _ _ - ° MID HOCKEY ' � ' _ `( _ ;
. . �
The Whimsical • y ....
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Side of West U , .....2,JP
Page 16
METRO
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Page 28 -, SMI
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39VISOd'Sfl
OlS 121Sbd
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of West
Along the narrow, tree-lined streets
of West University Place,there are
beautiful classic homes with neatly
tended lawns,tree swings and front
porch rockers, decorated by U.S.
and Texas flags.
Look a little more closely, and
it's clear that there's a whimsical side of West U dis-
played in yard art around the small city. The sculp-
tares,lawn decorations and yard art in West U have a
fun,fanciful quality.
Critters are to West University Place what four- 441;`;'i' „
tains are to Bellaire.They are everywhere. "
- There is even a West U flock of flamingos, nest- t
-. '� •• * r' if" ing in front of a traditional bungalow on Rutgers St. `+�w
f . . ,ar ; ,* Flamingos seem to have gone the way of traditional
Am-
44
bungalows. • �'
dirIir
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'
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. _ _ ._ . . ,
! +a
i ,' ,* Main photo:Comfortable,colorful seating like
this bright bench at the corner of University and
. u Wesleyan, f to In W
Tare popularfeatures
soutdoor ea West U .-.,.
- a I f - 3 ' Left photo:This sweet little sheep another piece "`
t`. _r ny..., --- =of West,Uwhimsy, is at home in the front yard of a -
~` home in 3 30 block of Nottingfiam. --
Right photo:This bright sunflower hangs in the front .:,,-
window of a West U home in the 3500 block of Rice
Blvd.It wouldn't be West U without an American flag! °"
rE
is page:This little flock of sand hill i` rr a On Robinhood Street, there's a
:nes is located on Vanderbilt in West U. tM large green cow a remnant of
xt page:This metal sculpture on Houston's Cows on Parade event
slayan near University isone of more than a decade ago.But thise
„;eral decorative items in the front yard. s p
-ts:The yard art at Sunset and cial cow has her own little pasture be-
.:rs includes several whimsical metal. hind a small fence that is evidence of
•ores.The large sculptures are by - -., her caringowners.
Ober,who designed a sculpture
at the entrance to NASA. She's not the only cow in town.
,„ r` Over on Byron Street, there's a small
cow feasting on a bed of red-and-
! lt 'white vincas. She is bedecked with a
'- i shiny pink ribbon.
,K.� y " ..• A topiary pooch on Rice Blvd. in
West U might be more at home in
' `� 4'` Austin, where there is an art gallery
It 771 1 \ , called "Yard Dog Gallery."That shop
t, _ I features folk and "outsider art" from
s . s t ,, •�
`',� , across the American South.
< f More howling pooches can be
i t
• 1 found in the front yard of a home on
"� , Mercer. The pair of coyotes, fortu-
` , nately,is silent.
- With apologies to a certain Episcopal
+ �r High School field hockey player,there's
.1,* � 1.� a t )1, a giant bear on Albans that celebrates
r , ' i her athletic prowess.The bear competes
r "'! . ' ' • y with big white bows in her hair.
:: _ ,_ -- . 9.. ‘ And, several lions adorn and pro-
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18 WEST U ESSENTIALS
r
4- Z fq Y _ ,i 4
tect the front and side yards of a West .ti .4;'•` _ . « 'r ., * '0- ',
U home on Belmont Street. 1 x� r'' ti " I.
Larry Harris,a Houston architect,is ' .�_ , - „,� ` �, ,�,, ...'id r . , a ;►°'�';
a folk art expert and longtime volun- 4 ,-� -4., ,: ''' ' '
teer for the Orange Show Center for . - ,; 4't , . \ e ,
Visionary Art. t 1 --.,r_ ,,. '. �- ,
•Harris,who has traveled the country -h '»• ' _'> � • ' ��'r. . �r; .ice < _
to study and enjoy folk art, says that . • f , �� 'r
yard art is more frequently found in 4 4 �r
lower-income communities. " .. Altai'.�, ` .�'
"I think the examples of art in . ^ . It; { �j'V'
West University Place,even though , - ' -` ., ' l + ' ' d r"
they are not necessarily my defini- f, + - " ry
tion of folk art, are wonderful," '` ._ I All,
Harris says. "If the owners of a " M' / "L ^ �
piece of sculpture want to reach ''""' 604,,,• t. .4 '`"" .:.,,. -out to the community with art, 1. ,,; 5 ' =- ,.
that alone to me isphenome- 'z ,. ` ` ` t''
nal." , ' '
"Art has a way of energiz- , ;
ing a community," Harris 's .,_ V t°z�� °w ,� �•
says."Especially these days, .41*ti 4i +11" `�
when our neighborhoods
14„
are becoming more and
more generic, it's won- . ' +,',`, • fa '_
derful to see substantial ' • : :'' `.-
installations of art crop up." `°� r' '' ' N„ ' .
Harris says he considers folk art to
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WEST U ESSENTIALS 19
` •art at Sunset and Rutgers includes ;`
imsical metal Sculptures.
, s fit.
o. •
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Tyr «7' "-. ,.mod+„ a °"`w , 4 ..
.
.�" ` , . -: , ,�_ . :ram x �' �,. �..- .._,- ., _ ''
fr_ "Art has a way of energizing a
This little cow is at home in a bed of vincas,with
her sparkly pink scarf,on Byron St.in West U community. Especially these
days, when our neighborhoods
are becoming more and more
7 ..
. , .
generic, it's wonderful to see
-. .;t r substantial installations
--t , of art crop up."
``` be original works of art, such as sculptures or paintings,usu-
ally strategically placed or arranged to make a statement.Most
• '. . ,,,.,, folk art is whimsical,playful and engaging.
r 'At,"
' , `'"`,�, Some of the yard art in West University Place definitely
meets those criteria.
,� .. Hanging from a tree at the corner of Byron and Wesleyan,
• `o'ori ,;1. = `, there's an outdoor chandelier.Its red-and-black arms hold real
J�, , �.-00 crystals that tinkle when the breeze blows,making it a playful
As v "toi,� and fanciful wind chime.
®, • / s =. bright sunflower adorns the front window of another
too A
home on Rice Blvd.,which is bedecked by an American flag.
} And, on Nottingham, a sweet little sheep in the front yard
�l : a a of a home adds to the whimsical nature of West U yard art.
1" •
4„ A t ,,� .r '`ai wr ,gs,;, Pamela Frese, an associate professor of anthropology at
•� t ":.. '; ,"; "� `- hp Wooster College in Wooster,Ohio,studies yard art and what it
� y
'�~ I Y ' ' .'' „11 says about people's beliefs.According to the New York Times,
v1( \ r`4&,'+t I - ,„'+,, *, .4* Frese became interested in yard art while researching her doc-
L 'S q ti r Y� ' -. t ,:' � toral dissertation on wedding rituals in the United States.
I ' 4,..git,:ki*,4,41tt,
' ram.
, +Yard ornamentation is a form of communication,Frese says.
"Homeowners use these ornaments, at times unconscious-
ly, to express their view about themselves, their beliefs and .�
their homes, including their views on women's roles as nur-
turers,the home as a sanctuary and sacred nature,"Frese says.
The angels located in the front and side yards of a home .
in the 3500 block of Corondo Court are a good example of
spirituality displayed in nature.
There are also some serious, significant sculptures decorat- z j `` `
ing the front lawns of the city. ';
Over on Sunset Blvd., several large metal sculptures deco
rate the front and side yards of a home at the intersection with s ,, {
Rutgers. The front of the house displays two smaller,painted s ,, ' _
and whimsical pieces of yard art. The bright yellow sculpture t' .t.:�� ; .%4"
was the first piece acquired by Mark and Ruth Duenser,to go ' Cps-`t,, '' ,.• *r -
with their third,and more contemporary West U home. ' _
"The yellow piece was the first one we got,because we are `y�„,i#0 r `�"14°
too lazy to plant flowers," Ruth Duenser says. "Then we got 4,..
' ' `
the red one. �•� ��`�.-: �� "'' _
"We just think it's fun," Duenser says. "It's an easy way to . '' •,
add a little something to the yard,and to the neighborhood."
Duenser said the rusty metal sculptures are by Eric Ober,a
Rice University graduate of mechanical engineering who went
into the oil business but turned to sculpture after working at
his family's welding company.
Ober is the artist who created a sculpture garden that was
installed last year at the entrance to NASA.The garden com-
memorates significant events in the history of the exploration •
S
of space. f4 ere s always room
One of the better-known West U sculptures pieces is locat- ct man's best friend
the front yard.This , r k e ,
ed at the busy intersection of University and Weslayan,where •,topiary pet can be }�'• " , •' '' s ''
found on Rice Blvd +? q 4 Us} : ';t� *
in West U. ,it, :x 7.t�ae ° '! ' r
r.,
-
4
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g yv %`t
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M." ,4 f� • a �l a b
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'_V, Y .._ate",_ :. .. ' ��,y, -=?�.F°
+ .y __1 i ' °* +st fi
, 1 i AZI: fi # i z )n. - ;a V'f •4 G
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t i f t�-tyt� ti •`v ,t
This bright flock of pink flamingos is located , ,
on Rutgers St.in West University Place,in
the front yard of a traditional bungalow.
{
I
I a skeletal creature with hair standing- in the front yard,and I vowed to replace
ot.NeiMer f:,''` on-end captures the sunlight. There it," Schnitzer said. "Bird Man" went
`ey •�jZ are two other metal sculptures in the missing a few months ago --he was on
s L side yard of the house. display in a museum near San Antonio
�� -yr A large metal globe in the 6600 which did an exhibit of Bradford's work.
t+') fR S" block of Westchester is another ex- A bright yellow bench on the front
CO i R1 ample of bronze sculpture. The globe porch of a small house on Universi-
literally glows in the sunlight, and is ty Blvd. is just one example of out-
' N. $A >k lighted at night. door seating that marks many West U
7e�►h°u c The stainless steel piece is called"Bird homes. Adirondack chairs seem to be
Man,"and it was commissioned by Dana trendy,as well as tree swings.
0).v
"° A. Schnitzer for his home about 20 years One West U resident,who lives near
ago. Schnitzer said the stainless steel one of the more modern sculptures in
H 1 1 y
prices -- and the other metal sculpture the city, proves that beauty really is in
in his yard are by Houston artist Mark the eye of the beholder.
'7 jZI O U S T Bradford. Bradford is known as "Scrap 'Well, it's not for everyone," she
Daddy." "When I bought the house, commented on the art next door. "To
& CATE there was a pretty dilapidated sculpture each his own." 0
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22 WEST U ESSENTIALS ' t c ' •
.-
A, - ,
City of
West University Place Community Development
To: The Zoning and Planning Commission
From: Chris Guess,Planning and Zoning Administrator
Date: February 12,2026
Re: Lighting and seasonal decorations
Background Information:
At its meeting on December 8, 2025, the City Council of the City of West University Place directed the
Zoning and Planning Commission (ZPC)to review the Outdoor Lighting Ordinance and to prepare a report
evaluating potential amendments or additional regulatory measures.
Subsequently, at the City Council meeting held on January 8, 2026, several residents attended to express
questions and concerns regarding the City Council's list of ordinances referred to the ZPC for review, with
particular emphasis on regulations related to yard art and sculptures. As part of this discussion, residents also
raised concerns regarding seasonal decorations, noting their similarities to yard art and sculptures,
notwithstanding that seasonal decorations are generally intended to be temporary in nature.
In addition, staff noted that enforcement of existing regulations related to outdoor lighting and seasonal
decorations has proven challenging. These challenges stem in part from ordinance language that appears to
be primarily intended to address seasonal lighting, rather than inflatable or statuesque decorations, as well as
from the use of ambiguous terms such as"glare."
Pursuant to the City Council's direction and in response to the concerns raised,the ZPC will review the
applicable ordinances and return a report identifying potential land use—based regulatory tools that may be
appropriate for further consideration.
Applicable Regulations:
• Sec. 54-216. Definitions.
"Glare means the sensation produced by luminances within the visual field, that are sufficiently greater than
the luminance to which the eyes are adapted to caused annoyance, discomfort, or loss in visual performance
or visibility.
• Sec. 54-217. Violation declared.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Place Community Development
(a) It shall be unlawful for any person to cause or permit to be energized, on property owned or under his or
her possession or control, any outdoor lighting which projects a glare directly upon any lot,tract,parcel of
land or other private property other than that property upon which such outdoor lighting is situated.
Staff Report:
Staff previously submitted a proposal to the Zoning and Planning Commission at its May 8, 2025 meeting
and, at that time, returned a recommendation of no action. However, in response to concerns expressed by
residents at the ZPC meeting held on January 8, 2026, staff subsequently conducted additional research
focused on strengthening the City's seasonal decorations ordinance.
Residents have identified areas of concern related to the current regulatory framework, and staff
acknowledges and shares these concerns.
Staff Recommendation:
Staff recommends that the Zoning and Planning Commission submit a report to City Council recommending
adoption of the attached ordinance. The purpose of the proposed ordinance is to classify seasonal decorations
as signage and to limit their display to specified, permitted time periods. Any display maintained outside of
the authorized dates would constitute a violation,thereby providing clearer standards and allowing for more
direct and consistent enforcement.
Attachments
• Staff report (05/08/2025 —ZPC)—Outdoor lighting
• West University Place —Code of Ordinances - Chapter 54.Article IX
• West University Place —Code of Ordinances - Chapter 6.Advertising and signs(PROPOSED)
• West University Place —Code of Ordinances - Chapter 6. Holiday decorations (PROPSOED)
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Place Community Development
To: The Zoning and Planning Commission
From: Chris Guess, Planning and Zoning Administrator
Date: May 08,2025
Re: Discussion Item -Article IX. Outdoor Lighting Regulations
Background Information:
The City of West University Place has revised the ordinance regulating outdoor lighting in December of
2020. Concerns about the application of the ordinance and its subjectiveness have persisted. The ordinance
was discussed by the ZPC beginning in January and continuing through November of 2020.
The discussions ranged from very objective definitions of what constitutes a nuisance with quantifiable
metrics of lumens to a more subjective regulatory tool that declares a violation based on the projection of
"glare" directly upon any other residential property other than the one which the outdoor lighting is situated.
The definition of"glare" and the usage of the phrase"directly"have made enforcement subjective.
January 9, 2020, ZPC agenda proposed an ordinance that had features and definitions that could be replicated
based on quantifiable metrics. It defined lumens and luminaire, utilized metrics like 2.5 maximum footcandle
of hardscape area, and required light-calming measures like motion sensors and shielding.
By February 13, 2020,the proposed ordinance had been reduced in intensity, scale, and regulatory ability.
By May14, 2020 the summary submitted on the topic of Outdoor Lighting Nuisance Ordinance was as
follows:
"The proposed Outdoor Lighting Ordinance was amended based on the comments from the
April 9, 2020, Planning and Zoning Commission Meeting. This Ordinance, if adopted,will
allow enforcement of the nuisance provisions for glare, and light trespass, with the City,
without the utilization of a light meter"
Applicable Regulations:
• Sec. 54-216. Definitions.
"Glare means the sensation produced by luminances within the visual field,that are sufficiently greater than
the luminance to which the eyes are adapted to caused annoyance, discomfort, or loss in visual performance
or visibility.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Community ty Development
• Sec. 54-217. Violation declared.
(a) It shall be unlawful for any person to cause or permit to be energized, on property owned or under his or
her possession or control, any outdoor lighting which projects a glare directly upon any lot,tract,parcel of
land or other private property other than that property upon which such outdoor lighting is situated.
Staff Report:
Application and enforcement of the current ordinance is challenging.
Staff encounters obvious nuisances, such as highly elevated floodlights angled towards a shared property
line, but enforcement becomes more difficult when the example is switched to a security light angled down
against the side of a white house. White reflects light and although the security light is angle down and
potentially shielded, the reflection or glow off the wall illuminates a neighbor's backyard. Is the glare
"directly"projecting to their neighbors' lot or is the illumination caused by a reflection of light from a bulb
that is directed down, but a measurable amount of light still spills over a neighboring property line?
Also, what should be the expectations of our community members? West University Place is a dense urban
environment. Is it reasonable to expect"some" light-spill or should we move towards a dark-sky?
Our current enforcement of the Outdoor Lighting Regulation is contingent upon our neighbors reaching a
mutual, although sometimes begrudging, agreement on lighting and good-neighbor behavior.
Benchmark city:
Staff have reviewed the ordinances of similar and nearby cities as they pertain to regulating light spill on to
residential properties. The benchmark cities in this example use "footcandles"as their replicable and
quantitative measure for light spill:
• The City of Bellaire, TX
o 0.2 footcandles (spot measurement)
Staff Recommendation:
Staff recommends the ZPC recommend to City Council a replicable and quantitative measure for light spill.
Additionally, staff recommends the implementation of a light meter to definitively determine whether an
amount of light is prohibited (or permitted). Lastly, staff recommends the ZPC consider the dense and urban
nature of West University Place in consideration of a standard of permissible outdoor lighting.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Community Development
Place
Attachments:
1. Article IX. Outdoor Lighting Regulations (Current Ordinance)
2. (Proposed) Article IX. Outdoor Lighting Regulations
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
PART II-CODE OF ORDINANCES
Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IX. OUTDOOR LIGHTING REGULATIONS
ARTICLE IX. OUTDOOR LIGHTING REGULATIONS
Sec. 54-215. Purpose.
The purpose of this article is to provide regulations for outdoor lighting that will minimize adverse offsite
impacts of outdoor lighting such as light glare.
(Ord. No. 2097, §1(App.A), 7-27-2020)
Sec. 54-216. Definitions.
The following words,terms, and phrases,when used in this article,shall have the following meanings:
Glare means the sensation produced by luminances within the visual field,that are sufficiently greater than
the luminance to which the eyes are adapted to cause annoyance,discomfort, or loss in visual performance or
visibility.
Outdoor lighting means lighting equipment installed within the property line and outside the building
envelope,whether attached to poles, building structures,the earth, or any other location,and any associated
lighting control equipment.
(Ord. No. 2097, §1(App.A), 7-27-2020)
Sec. 54-217. Violation declared.
(a) It shall be unlawful for any person to cause or permit to be energized,on property owned or under his or her
possession or control,any outdoor lighting which projects a glare directly upon any lot,tract, parcel of land,
or other private property other than that property upon which such outdoor lighting is situated.
(b) The use of laser source light,searchlights,flashing and/or rotating lights or any similar high intensity light for
outdoor advertising or entertainment,when projected above the horizontal, is prohibited,unless as
authorized by this article.
(Ord. No. 2097, §1(App.A), 7-27-2020)
Sec. 54-218. Enforcement.
Upon receipt of a complaint from any citizen, or upon the initiative of any employee of the City of West
University Place,Texas, a compliance inspection shall be conducted by the city building official, code enforcement
officers, peace officer, or other representatives designated by the city manager.
(Ord. No. 2097, § 1(App.A),7-27-2020)
Sec. 54-219. Exceptions.
(a) The provisions of this article shall not apply to:
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(1) Lighting operated for emergency lighting used by police,fire emergency, utility work personnel,or
medical personnel,or at their direction.
(2) Any city-owned and operated lighting.
(3) Seasonal decorations using typical, unshielded, low-wattage, incandescent lamps or light-emitting
diodes(LED)or holiday light projectors shall be permitted from November 10 through January 30.
(4) Lighting that illuminates the United States and State of Texas flags.All other outdoor lighted flags,such
as, but not limited to,decorative and commercial flags shall conform to these provisions.
(b) Residential security lighting,such as motion activated flood lights are permissible under the following
condition: Lighting must be installed or shielded in a way that does not cause light glare onto other
properties, in accordance with section 54-217.
(Ord. No. 2097, §1(App.A),7-27-2020)
Sec. 54-220. Penalty.
Any person violating any provision of this article may be charged with a misdemeanor and if convicted, may
be subject to a fine of not more than$500.00. Each occurrence of any such violation of this article shall constitute
a separate offense. Each day on which any such violation of this article occurs shall constitute a separate offense.
(Ord. No. 2097, §1(App.A),7-27-2020)
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PART II-CODE OF ORDINANCES
Chapter 6 ADVERTISING AND SIGNS
Chapter 6 ADVERTISING AND SIGNS
ARTICLE I. IN GENERAL
Secs. 6-1-6-18. Reserved.
ARTICLE II. SIGNS
Sec. 6-19. Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Abandoned means a sign that had a permit but the permit has been expired for 30 or more consecutive days
and/or does not identify or advertise a bona fide business, lessor,service,owner, product,event or activity,or
pertains to a time, event or purpose which no longer applies.
Balloon and other floating device means a visible airtight or air flow-through apparatus commonly made of
latex, Mylar or other similar material that extends by a cord, rope,string,wire or other similar material.
Banner means a non-fixed sign made of cloth or similar pliable material that is not a flag.
Billboard means a sign erected in the outdoor environment for the purpose of the display of commercial or
noncommercial messages not pertinent to the use of products sold on,or the sale or lease of,the property on
which it is displayed.
Canopy means an open-air structure(either free-standing or attached to a building)that affords shade or
shelter for persons standing or walking beneath it.
Display area(or"DA") means the whole surface area of a sign.All faces of a sign are counted,except that only one
side of an ordinary cloth flag is counted.The area of uprights, bracings and other structures supporting a sign are
only counted to the extent:
(1) They are used or designed to display a message;
(2) They form a sign border; or
(3) They are otherwise designed or used to attract the attention of the public to the supported sign.
If there is a border, all the area within the border(including any cutout area) is counted, plus any facings extending
beyond the border. If sign symbols are painted onto(or affixed)directly to the surface of a wall,awning,window
or other structure not otherwise erected or altered for sign purposes,and if there is no sign border, only the area
of the symbols themselves is counted. Example: Letters and numbers are painted onto a load-bearing wall not
otherwise altered for sign purposes.There is no sign border. In this example,only the area of the brush strokes
forming the letters and numbers is counted as display area.
Facade area is measured using a simple elevation view of the building. Exception: For a building with
separate retail units,the total facade area of each unit is the facade area bordering the unit's space.
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Fixed means a sign designed and affixed to be a permanent, nonmoveable sign. Exception: Neither a flagpole
nor a flag is considered a "fixed"sign.
Flag means a non-fixed sign:
(1) Made of cloth or similar pliable material;
(2) Designed to be(and actually)attached along one side only and not otherwise braced or supported;
(3) Having a longest dimension not greater than twice its shortest dimension;and
(4) Otherwise allowed to move freely.
Ground sign means a sign affixed to the ground directly and independently of other structures.
High clearance banner means a banner meeting all of the following criteria:
(1) It is displayed above a street area, but no part of it is lower than 15 feet;and
(2) It is not attached to any pavement or facility owned by the city.
Holiday decorations mean temporary decorative items,displays,or ornaments that are:
(I) Displayed in connection with a recognized holiday,season,or cultural observance,including but not
limited to religious, national,or civic holidays
(ii) Noncommercial in nature, and not intended to advertise a business, product,service,or event for
profit
(iii) Temporary,and displayed only for a limited period before,during,and after the applicable holiday
or season
(iv) Installed on private property, including buildings,yards,windows,or landscaping
(v) Constructed of non-permanent materials, including but not limited to lights,garlands,wreaths,
banners, inflatables,figures,or similar decorative elements.
Holiday decorations do not include:
(i) Signs or displays that contain commercial messages
(ii) Decorations that function as permanent structures
(iii) Decorations that create a traffic hazard, public safety risk,or nuisance
(iv) Decorations illuminated or displayed in violation of applicable lighting,electrical, noise,or safety
regulations.
Moving sign means any sign,sign appendages or apparatus designed or made to move freely in the wind or
designed or made to move by an electrical or mechanical device.
Non fixed means that a sign is:
(1) Made of nonrigid material (e.g.,cloth,cardboard, paper, pliable plastic), in whole or in part;
(2) Designed and attached so that it can be immediately picked-up and moved by a single person of
ordinary strength,without using any tools.
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Off-location or off-premises sign means a sign that advertises, promotes or pertains to a business, person,
organization, activity, event,place,service, product, etc.,at a location other than where the business,person,
organization, activity, event,place,service, product, etc., is located.
Portable sign means any sign designed or intended to be relocated from time to time,whether or not it is
permanently attached to a building or structure or is located on the ground.
Relevant facade area means the area of a building's facade where the principal entrance is located.
Residential impact site means any given site, neither used for SFR purposes nor located on a major
thoroughfare, but having a front street line along a street where 51 percent or more of the sites in the"impact
area"are used for SFR purposes.The"impact area" includes all sites with front street lines along the same street
(counting on both sides of the street)and located (in whole or in part)within 200 feet of a side property line of the
given site.
Retail unit means a whole building or part of building which:
(1) Is separately owned or leased;
(2) Has a principal entrance visible from a street area with direct access from the street area(or through a
common use area open to the public); and
(3) Is primarily used to sell goods or services, in person,to members of the general public.
In a typical shopping center,for example, each ordinary store would probably be a separate"retail unit,"but an
ordinary business office would not be a separate"retail unit".
Rigid materials includes:
(1) Materials which are always rigid; and
(2) Other materials which appear to be taut or rigid when on display, even though they may be designed
to bend,stretch or break under wind loads or other unusual stresses.
Roof sign means a sign mounted on and supported by the roof portion of a building or above the uppermost
edge of a parapet wall of a building or structure.
Searchlight(or skylight)means any apparatus capable of projecting a beam or beams of light.
Semi fixed means that a sign is:
(1) Made entirely of rigid materials;
(2) Designed and affixed so that it does not move while on display;
(3) Capable of being immediately picked-up and moved by a single person of ordinary strength,without
using any tools.
SFR means single-family residential.
Sign has the same meaning as in V.T.C.A.,Transportation Code ch.393"In this chapter, 'sign'means an outdoor
sign,display, light, device,figure, painting,drawing, message, plaque, poster,or other thing that is designed,
intended, or used to advertise or inform."The term includes any structure,vehicle or other object which has the
principle purpose of supporting or displaying a sign. Each physically separate display is considered a separate sign
unless:
(1) It is solidly joined connected with another display(or a structure)to form a compact and contiguous
sign unbroken by internal borders,frames or other divisions;or
(2) It is enclosed within a frame or border designed to form a unified sign.
Signs on the outside surface of any wall,window or other structure are considered to be"outdoor."
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Symbols includes letters, numerals, pictures and other symbols used to communicate a message.
Temporary.A sign is temporary if,on the same premises, neither it nor any other non-fixed or semi-fixed sign is
displayed more than:
(1) Two times during any 365-day period;
(2) One time during any 30-day period; or
(3) 72 hours each time.
For this purpose, "premises"includes the entire building site, unless there are two or more retail units on the site,
in which case each unit is considered separate"premises".
Wind device means any pennant,streamer,spinner, balloon,cloud-buster balloon, inflatable object or similar
device made of cloth, canvas, plastic or any flexible material designed to float or designed to move, or move freely
in the wind,with or without a frame or other supporting structure.
(Code 2003, §3.201;Ord. No. 1990, §1(app.A),5-19-2014)
Sec. 6-20. General prohibitions, permits.
(a) Compliance required.Within the city limits, it shall be unlawful for any person:
(1) To erect, place or alter any sign which does not comply with this chapter or which exceeds any limit
prescribed by this chapter;or
(2) To use,own or control any place where a sign is located, if the sign does not comply with this chapter,
or if it exceeds any limit prescribed by this chapter.
(3) The construction, placement, existence, use of or advertisement on signs of the following nature is
prohibited:
a. Abandoned signs.
b. Balloons and other floating devices.
c. Billboards.
d. Moving signs.
e. Off-location or off-premises signs.
f. Portable signs.
g. Roof signs.
h. Searchlight or skylight signs.
i. Wind devices.
j. Prohibited signs,such as,but not limited to:
1. Any sign not referenced in or governed by this chapter;
2. Any changeable electronic variable message sign(CEVMS)or light emitting diode(LED)
billboards located,relocated,or upgraded along a regulated highway within the corporate
limits or extraterritorial jurisdiction of the city;
3. Any sign erected or installed in or over a public right-of-way or access easement, unless
permitted within this chapter;
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4. Any sign that does not comply with this or other applicable municipal ordinances,or those
which do not comply with federal or state laws;
5. Any sign supported by a bench,tree, rock, bridge, public utility pole;
6. Any sign supported by a fence not otherwise in compliance with this ordinance; or
7. Any sign not allowed or defined by this chapter.
(b) Permits for fixed signs.Within the city limits, except as authorized by a valid and unexpired permit issued
pursuant to this section, it shall be unlawful for any person:
(1) To erect, place or structurally alter a fixed sign; or
(2) To use,own or control any place where and when a fixed sign is erected, placed or structurally altered.
(Code 2003, §3.202; Ord. No. 1990, §1(app.A),5-19-2014)
Sec. 6-21. Procedures, defenses, etc.
(a) Permit and license procedures.The procedures prescribed by this Code for administering building permits
(including issuance, revocation,suspension,transfer,etc.)shall also apply to permits under this chapter.The
building official may modify forms,etc.,to conform to this chapter.All actions of the building official under
this chapter,and all applications for interpretations or variances,are subject to the authority of the BSC in
the same manner as similar,building-related actions.
(b) Prior nonconformities. In any proceeding to enforce this article, it is an affirmative defense that,at the time
of the offense,the entire sign in question (or at least the aspect of the sign alleged to be in violation) had
status as a prior nonconforming. Both the acquisition of PNC status and the loss of PNC status are
determined by the principles and procedures set out in article 12 of the zoning ordinance, except that the
BSC has the authority of the ZBA. In addition:
(1) Changing only the face of a sign,or only the message, does not alter the PNC status of any sign,
provided there is no structural alteration or other change.
(2) A nonconforming sign without current PNC status may not be moved, repaired, replaced,
reconstructed or altered unless it is brought into full compliance with this chapter.
(3) On premises where there is a nonconforming sign without current PNC status, no other sign may be
placed,constructed, improved or structurally altered.
(4) Upon application of the building official,and after providing both notice and an opportunity for a
bearing to the owner of the premises,the BSC may order that a sign without current PNC status be
removed, relocated or reconstructed. If compensation is required by state or federal law at the time
that such action is required,the order shall be conditioned upon compensation being provided.
(c) Other defenses. In any proceeding to enforce this chapter(but not in a proceeding to enforce state law such
as,for example,a proceeding involving a sign on a public road), it shall be an affirmative defense that the
sign in question:
(1) Was not directed toward persons in motor vehicles within a street area, and no symbols on the sign
were taller than 12 inches;
(2) Did not remain in one place for three hours or more;
(3) Was located more than 30 feet from the nearest street area and completely integrated into the design
of a vending machine;
(4) Was required to be displayed by an applicable regulation; or
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(5) Contains primarily a political message, is located on private real property,and does not have an
effective area greater than 36 feet, is not more than eight feet high, is not illuminated,and does not
have any moving elements.
It shall also be defense in any proceeding to enforce this chapter with respect to a sign that: (i)the
proceeding, in effect, required the sign to be relocated, reconstructed or removed under circumstances(and at a
time)when state law required compensation,and (ii)such required compensation was neither offered nor
provided as required.
(Code 2003, §3.203;Ord. No. 1896, §1,5-11-2009;Ord. No. 3024, §1, 12-13-2021)
Sec. 6-22. Streets and city-controlled areas.
(a) In general. It shall be unlawful to erect, place,alter or maintain any sign in,on,or over any street area or
other area owned or leased by the city, unless the sign is:
(1) An official sign in a street area authorized by the traffic control officer;
(2) An official sign in a nonstreet area authorized by the appropriate city official (see,e.g., chapter 66);or
(3) A sign specifically authorized by motion, resolution or ordinance adopted by the city council.
(b) Public roads.As provided in V.T.C.A.,Transportation Code ch.393,signs not authorized by state law are
prohibited on a public road right of way, and any permit issued for a sign in violation of said chapter 393 is
not effective. For this purpose, a high-clearance banner has been determined not to be"on"a public road
right of way within the meaning of chapter 393.
(c) Interference,etc. It shall be unlawful for any person to interfere with or obstruct any sign authorized by the
city in a street area or other area owned or leased by the city.
(d) Presumption of maintaining.When a sign is:
(1) Located in,on or over a street area or other area owned or leased by the city;
(2) Has no obvious official purpose; and
(3) Has an obvious connection to a nearby or abutting site, it is presumed to be maintained by each person
who controls that site.
(Code 2003, §3.204)
Sec. 6-23. Limits on high-clearance banners.
(a) Registration. No high clearance banner may be displayed above a street area unless it is effectively registered
in advance with the traffic control officer.The traffic control officer may prescribe forms and procedures for
registration. Registrations take priority in the order made, but a registration is ineffective if made more than
two years in advance.
(b) Annual,individual limits.After 12 banners are registered for any given calendar year, no further registrations
for that year are effective. No high-clearance banner may be registered for,or displayed,for more than 30
days(aggregate)in any calendar year. No more than two banners may be registered for display at any given
time.
(c) Locations. Banners may only be displayed above Buffalo Speedway, University Boulevard, Edloe Street,
Auden Street,or Weslayan Street.
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(d) No city involvement. No city officer or employee may place or attach high-clearance banners.This shall be
the responsibility of the person who registers the banner.
(Code 2003, §3.205)
Sec. 6-24. Nuisance; removal of unlawful signs.
Any sign which does not comply with the chapter, or which exceeds any limit imposed by this chapter,is
declared a nuisance.The building official has the authority to have removed any such sign and dispose of it if the
city has a right of access to the place where the sign is located.The cost of such removal and disposal shall be paid
by the person owning the sign and any person who erected, placed or maintained the sign,jointly and severally.
(Code 2003, §3.206; Ord. No. 2002, §1(App.A),2-23-2015)
Sec. 6-25. Sizes; numbers; spacing; design; etc.
(a) Sizes, numbers, etc.On each building site, limits on the maximum number and sizes of signs are prescribed in
table 3-1 of section 6-28.
(b) Ground signs.A ground sign may not:
(1) Occupy the space from two feet in height to four feet in height, except for the supports for such sign
which shall not occupy more than ten percent of such space. (Exception:This does not apply if the sign
is located at least five feet from the nearest roadway,driveway or public sidewalk.);
(2) Be located within ten feet of a street area, unless it is a fixed sign meeting all other applicable
regulations(e.g., permit, height, maximum area);
(3) Be located outside the center two-thirds of the building site, measured along each street line;
(4) Be located within 15 feet of any other building site;
(5) Be located within 100 feet of another ground sign on the same building site that is oriented toward a
different street;
(6) Have more display area than 25 square feet per face if any part is located within ten feet of a street
area (otherwise 75 square feet per face); or
(7) Have any unintegrated supports,sign elements, auxiliary projections or attachments(all must be
completely integrated into the design of the sign, both structurally and visually).
This subsection does not apply to sites used for SFR purposes.
(c) Building-mounted signs.A building-mounted sign may not:
(1) Project more than two feet from the nearest face of the building;
(2) Be higher than the nearest part of the building;
(3) Exceed the aggregate size limits set out in table 3-2 of section 6-28;or
(4) Be mounted on a facade other than the one used to calculate the relevant facade area(RFA)for table
3-2 of section 6-28.
This subsection does not apply to sites used for SFR purposes or to canopy-mounted signs.
(d) Canopy-mounted signs.A canopy-mounted sign may not:
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(1) Be separate from the canopy,either structurally or visually(from all viewpoints within a street area or
within a residential building it must appear to be part of the canopy itself,not attached or suspended);
(2) Exceed the aggregate size limits set out in table 3-2 of section 6-28; or
(3) Be mounted on a facade other than the one used to calculate the relevant facade area(RFA)for table
3-2 of section 6-28.
This subsection does not apply to sites used for SFR purposes.
(e) Maximum height. No part of any sign may have a height greater than eight feet. Exception:signs painted on,
or affixed directly to,the surface of a building wall or canopy may extend as high as the wall at the point of
attachment, if the sign does not face any site within 200 feet used for SFR purposes.
(f) Coordinated design.All signs related to a shopping center(or other premises with either a common owner or
occupant)shall conform to a master sign plan for the whole premises.A master sign plan is not effective
unless it is:
(1) Submitted by the owner(s)of the premises;
(2) Approved by the building official;and
(3) Recorded in the real property records of the county.To be approved by the building official,the plan
must require that each sign,to the greatest degree practicable:
a. Have visible elements made of the same materials(Exception:this does not apply to allowed
temporary signs);and
b. Use coordinated design features.
This subsection does not apply to sites used for SFR purposes.
(Code 2003, §3.207)
Sec. 6-26. Location, construction.
(a) Generally.Signs may only be placed and constructed in such places and in such a manner that they will not
create a traffic,storm, personal injury or fire hazard.Signs are subject to the zoning ordinance(which
regulates,for example, height, placement in yards and orientation on certain corner sites)and all the other
applicable regulations.
(b) Building sites. No sign may be located outside a building site,except for signs duly authorized in street areas
and other areas owned or leased by the city.Any sign advertising the name of any business or institution,or
advertising anything for sale or lease, must be: (i) located on the same building site where the business or
institution is located and operated, or the same building site where the thing is actually for sale or lease,as
the case may be,and(ii)covered, blanked-out or concealed within 30 days following the day when the
business or institution ceases to be located or operated on the site(or the day when the thing is no longer
for sale or lease on the site,as the case may be).
(c) Screening.The rear of each fixed sign shall be screened so that the supporting structural members are not
readily visible by a person:
(1) Upon a street area;
(2) Upon any site used for SFR purposes;or
(3) Within any building used for SFR purposes.
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Lattice work, plantings,sign display area or another part of a structure may be used for such screening.
Exception:The screening requirement does not apply to structural members that are completely integrated
into the design of the sign, both structurally and visually.
(d) Condition and appearance. Every sign, and its screening,shall be kept in good condition as to structure and
appearance.
(e) Power lines. No part of any sign may be located within ten feet of any power line.
(Code 2003, §3.208; Ord. No. 1896, §1,5-11-2009)
Sec. 6-27. Illuminated, light emitting diode (LED), moving signs.
(a) No illuminated part of any sign in a residential impact area may face any site in the city used for residential
purposes unless the site is more than 200 feet from the sign. Exception:this does not apply to signs
illuminated only by reflected white lights which are shielded so that the source of the light cannot be seen by
a person standing in a street area or on other premises. Illumination, if used, may not flash, blink or move.All
parts of all signs must be stationary when in use. It shall be an affirmative defense that a non-fixed sign was
caused to move only by the wind.
(b) LED signs are prohibited on sites used for residential purposes and on residential impact sites. LED signs on
all other sites are subject to current regulations.
(c) All LED signs must comply with the following:
(1) No more than one LED sign per business shall be allowed.
(2) Messages shall not change more than once per 30 seconds and shall not flash, blink or move.
(3) Brightness shall not exceed 6,500 nits between sunrise and sunset,and 1,250 nits between sunset and
sunrise. Each sign shall have a light-sensing device to automatically adjust the brightness.LED signs
shall be certified as to compliance upon installation and continually maintained by the sign owner.
Note:Other restrictions on lighting may also apply;see, e.g.,Article 2,Section 6[sic],and in the zoning ordinance,
Article 8, Section 8-107.
(Ord. No. 2003, §1(App.A), 2-23-2015)
Editor's note(s)—Ord. No. 2003, §1(App.A),adopted Feb.23, 2015,amended §6-27 in its entirety to read as set
out herein. Former§6-27 pertained to illuminated, moving signs and derived from the Code of 2003,§
3.209.
Sec. 6-28. Holiday decorations.
All holiday decorations in districts zoned for single-family residential use are exempt from the following
regulations. Nothing in this section shall be construed to prevent tree lights or seasonally themed Holiday
decorations,clearly incidental and customary and commonly associated with any national,local,or
religious holiday,provided such decorations shall be displayed November 10 to January 30 only.Additionally,the
code enforcement officer may allow tree lights and Holiday decorations if such lights meet the following criteria:
(1) Such lights and Holiday decorations shall be exempt when displayed from November 10 to January 30
(2) Such lights and Holiday decorations shall not camouflage or divert attention from traffic signals or
directional signals
(3) Such lights and Holiday decorations shall neither encroach nor glare upon the street or adjacent property;
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Sec. 6-289. Obscenity prohibited.
(a) No sign shall in any way display any word,statement,character,or illustration of an obscene or indecent
nature.
(b) The terms"obscene" and "indecent," as used in this section,shall have the same meanings as in the Texas
Penal Code,as interpreted by the federal and state courts. It shall be an affirmative defense, in any
prosecution to enforce this section,that V.T.C.A., Penal Code§43.22 or other state law, prohibits the same
conduct as charged in the prosecution.
Table 3-1. General Rule: On a site outside a street area, any sign
Sign Sizes, Numbers exceeding any applicable regulation (prescribed below) is
prohibited, and all non-specified types of signs are
prohibited. Exceptions/Special Rules: (1) See special rules
noted in table. (2) See remainder of this Chapter.
Type of sign Regulation Applicable to sites Applicable to Applicable to all
used for SFR residential impact other sites
_ purposes sites
Fixed Maximum Zero' Two plus one per Three plus three
number per site, retail unit' per retail unit'
all signs
Maximum Zero' One per principal One per principal
number,ground building.' building for each
signs abutting street'
Maximum DA, Zero' Depends upon
ground signs location; see
Section 6-25(b).
Maximum Zero' Depends upon the
number and DA, size of relevant
canopy and facade area; see
building-mounted Table 3-2.
signs
Maximum total Zero' 1%of the site's 3%of the site's
DA, entire site area (total per area (total per
site)' site)'
Semi-Fixed Maximum Two, if the site is One12 One'2
number per site unoccupied;
otherwise no
limit'1
Maximum DA 5 sq. ft. per face, 6 sq. ft. per face, 8 sq.ft. per face,
10 sq. ft. per sign, 12 sq. ft per site2 16 sq. ft per site2
32 sq. ft.total (all
signs on the site)
Non-fixed Maximum Zero, if the site is One, if One, if
number per site unoccupied, temporary.1 2 3 temporary.1 2 3
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otherwise no
limit13
Maximum DA 5 sq. ft. per face, 12 sq.ft. per face, 32 sq. ft. per face,
10 sq. ft. per 1.5%of the site 2.5%of the site
sign,132 sq. ft. area (total, all area (total, all
total (all signs on faces)2 3 faces)2 3
the site)3
Notes:
1 Flags. On sites actually occupied and used for SFR purposes,an unlimited number of flags may be displayed.
On other building sites,one flag may be displayed per 50 feet of street line, in addition to other signs
allowed by this chapter.
2 Festival Permit. During the term of a special festival permit issued by the building official,the maximum
number of semi-fixed and non-fixed signs,together, is ten per acre of the festival site.The festival site
may be one or more contiguous tracts aggregating at least 0.75 acre.The display area of festival signs is
not limited. No more than one festival permit may be issued for any given place in any 365-day period,
and the maximum term of a permit is 10 days.
'Banners. In addition to the signs allowed by this Table, banners may be displayed if they meet all the following
restrictions:
(1)The maximum number is two per site at any given time,
(2)The maximum display area is 32 sq.ft. per site,for all banners, at any given time,
(3) No individual banner may be displayed more than two times during any 365-day period nor more
than 14 days at a time,
(4)On any given site,a banner may be displayed no more than 14 days out of any 60 day period,and
(5) No banners are allowed on unoccupied sites.
Table 3-2. General Rule: For each building,the maximum display area and
Number and display area, number of all building-mounted and canopy-mounted signs is
building and canopy-mounted determined by the relevant facade area. Any sign exceeding such a
signs limit is prohibited, and all non-specified types of signs are
prohibited. Exceptions/Special Rules: (1) See special rules noted in
table. (2)See remainder of this Chapter.
Size of relevant facade area Maximum display area of Maximum number of building-
(RFA), per separate premises building mounted and canopy- mounted and canopy-mounted
mounted signs, per separate signs, per separate premises
premises
Less than 100 sq.ft. 26 sq. ft. Two
100 to 199 sq.ft. 26 sq. ft. plus 11%of RFA over
100 sq.ft.
200 to 499 sq.ft. 38 sq.ft. plus 12%of RFA over
200 sq.ft.
500-999 sq.ft. 75 sq. ft. plus 11%of RFA over
500 sq.ft.
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1,000 to 1,499 sq.ft. 131 sq. ft. plus 7.5%of RFA over Three
1,000 sq. ft.
1,500 to 2,999 sq.ft. 169 sq. ft. plus 2.5%of RFA over
1,500 sq. ft.
3,000 sq. ft. or more 206 sq.ft. plus 1.5%of RFA over Four'
3,000 sq. ft.
Notes:'Single-occupant premises with RFA's larger than 3,000 sq.ft.,and having separate departments,each
with a separate exterior entrance, may have one building-mounted sign or canopy-mounted sign per
department.
(Code 2003, §3.210)
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PART II-CODE OF ORDINANCES
Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IX.OUTDOOR LIGHTING REGULATIONS
ARTICLE X. HOLIDAY DECORATIONS
Sec. 54-222. Purpose.
The purpose of this article is to provide regulations for outdoor holiday decorations.
Sec. 54-223. Definitions.
Holiday decorations mean temporary decorative items,displays,or ornaments that are:
(i) Displayed in connection with a recognized holiday,season,or cultural observance,including but not
limited to religious, national,or civic holidays
(ii) Noncommercial in nature, and not intended to advertise a business, product,service,or event for
profit
(iii) Temporary,and displayed only for a limited period before,during,and after the applicable holiday
or season
(iv) Installed on private property, including buildings,yards,windows,or landscaping
(v) Constructed of non-permanent materials, including but not limited to lights,garlands,wreaths,
banners, inflatables,figures,or similar decorative elements.
Holiday decorations do not include:
(i) Signs or displays that contain commercial messages
(ii) Decorations that function as permanent structures
(iii) Decorations that create a traffic hazard, public safety risk,or nuisance
(iv) Decorations illuminated or displayed in violation of applicable lighting,electrical, noise,or safety
regulations.
Sec. 54-234. Violation declared.
See Sec.6-28. Holiday decorations.
Sec. 54-225. Enforcement.
Upon receipt of a complaint from any citizen, or upon the initiative of any employee of the City of West
University Place,Texas, a compliance inspection shall be conducted by the city building official, code enforcement
officers, peace officer,or other representatives designated by the city manager.
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Sec. 54-226. Penalty.
Any person violating any provision of this article may be charged with a misdemeanor and if convicted, may
be subject to a fine of not more than$500.00. Each occurrence of any such violation of this article shall constitute
a separate offense. Each day on which any such violation of this article occurs shall constitute a separate offense.
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